EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*hb1067*
HOUSE BILL 1067
M2 2lr2471
By: Delegate Stein
Introduced and read first time: February 10, 2022
Assigned to: Environment and Transportation
A BILL ENTITLED
AN ACT concerning 1
Natural Resources – Wildlife Management – Nighttime Hunting 2
FOR the purpose of authorizing the Department of Natural Resources to allow certain 3
permit holders to hunt deer at nighttime for a period not to exceed a certain number 4
of months each year; altering provisions regarding the use of lights while hunting at 5
nighttime; and generally relating to nighttime hunting in the State. 6
BY repealing and reenacting, without amendments, 7
Article – Natural Resources 8
Section 10–101(a) and (m) 9
Annotated Code of Maryland 10
(2012 Replacement Volume and 2021 Supplement) 11
BY repealing and reenacting, with amendments, 12
Article – Natural Resources 13
Section 10–206 and 10–410(b) and (e)(1) 14
Annotated Code of Maryland 15
(2012 Replacement Volume and 2021 Supplement) 16
Preamble 17
WHEREAS, The General Assembly recognizes its responsibility to adopt wildlife 18
management policies that help to protect the health, safety, and welfare of the citizens of 19
the State, and to help control wildlife in a manner consistent with and responsive to 20
science–based wildlife management practices; and 21
WHEREAS, Maryland ’s farming community has long held that deer inflict such 22
annual economic hardships linked to measurable crop damage that they deserve specialized 23
permits allowing the harvesting of deer outside the regular recreational hunting season; 24
and 25
2 HOUSE BILL 1067
WHEREAS, Maryland has been duly responsive to the farming community’s 1
concerns by enabling the Department of Natural Resources to issue Deer Cooperator 2
Permits and Agricultural Deer Cooperator Permits that allow nighttime shooting of deer 3
with high–powered rifles and other weaponry from February 1 through March 31; and 4
WHEREAS, Maryland’s hunting community has long disdained the practice of 5
harvesting deer during nighttime, commonly known as “jacklighting”, because deer are 6
rendered temporarily blind and defenseless when a bright, high–powered light is shone in 7
their eyes, ensuring a predictable outcome that violates the wildlife conservation–minded 8
doctrine of fair chase; and 9
WHEREAS, Conflicts arising from a growing population in proximity to wildlife are 10
inevitable, and the General Assembly should help to mitigate such conflicts by ensuring 11
that nighttime harvesting of wildlife, especially deer, is regulated in a manner to help 12
better control population numbers without threatening the health, safety, and welfare of 13
the public; and 14
WHEREAS, Duly permitted nighttime shooting of wildlife, with strict regulatory 15
oversight by the Department of Natural Resources, is critical for effective wildlife 16
management control; now, therefore, 17
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 18
That the Laws of Maryland read as follows: 19
Article – Natural Resources 20
10–101. 21
(a) In this title the following words have the meanings indicated. 22
(m) “Nighttime” means the time beginning one–half hour after sunset and ending 23
one–half hour before sunrise the following day, as published in the Department’s hunter’s 24
guide, unless this title provides otherwise. 25
10–206. 26
(A) (1) The Department may reduce the wildlife population in any county, 27
election district, or other identifiable area of the State after a thorough investigation 28
reveals that protected wildlife is seriously injurious to agricultural or other interests in the 29
affected area. 30
(2) The method of reducing the wildlife population is at the Department’s 31
discretion, except that trapping is preferred whenever feasible. 32
(3) The Department shall dispose of wildlife taken pursuant to the 33
provisions of this section as the Department deems advisable. 34
HOUSE BILL 1067 3
(B) (1) THE DEPARTMENT MAY ALLOW A PERSON WHO HOLDS A DEER 1
COOPERATOR PERMIT OR AN AGRICULTURAL DEER COOPERATOR PERMIT ISSUED 2
IN ACCORDANCE WITH COMAR 08.03.09.11 TO HUNT DEER AT NIGHTTIME FOR A 3
PERIOD NOT TO EXCEED 2 MONTHS EACH YEAR . 4
(2) ON OR BEFORE DECEMBER 1, 2023, AND EACH DECEMBER 1 5
THEREAFTER , THE DEPARTMENT SHALL REPO RT TO THE SENATE EDUCATION, 6
HEALTH, AND ENVIRONMENTAL AFFAIRS COMMITTEE AND THE HOUSE 7
ENVIRONMENT AND TRANSPORTATION COMMITTEE, IN ACCORDANCE WITH § 8
2–1257 OF THE STATE GOVERNMENT ARTICLE, ON THE FOLLOWING FOR TH E 9
IMMEDIATELY PRECEDIN G CALENDAR YEAR : 10
(I) THE NUMBER OF DEER COOPERATOR PERMITS AND 11
AGRICULTURAL DEER COOPERATOR PERMITS ISSUED, INCLUDING AN ANALYSI S OF 12
THE RESULTS OF EACH PERMIT COMPARED WITH THE OPERATIONAL PLAN FOR THE 13
PERMIT; 14
(II) THE NUMBER AND TYPE O F WILDLIFE TAKEN AT NIGHTTIME 15
IN THE STATE; AND 16
(III) TO THE EXTENT PRACTIC ABLE, AN ANALYSIS OF THE 17
SOCIOECONOMIC IMPACT OF NIGHTTIME HUNTING . 18
10–410. 19
(b) [A] SUBJECT TO DEPARTMENT REGULATIONS AND E XCEPT AS 20
PROVIDED IN § 10–206 OF THIS TITLE, A person may not hunt any game bird or mammal, 21
except raccoon and opossum, at nighttime. 22
(e) (1) (I) [A person or 2 or more persons together] EXCEPT AS PROVIDED 23
IN SUBPARAGRAPHS (II) AND (III) OF THIS PARAGRAPH , A PERSON may not hunt or 24
attempt to hunt at nighttime any species of wild bird or wild quadruped with a light, 25
including the headlights of any vehicle, and a person may not cast the rays of any artificial 26
light when the rays emanate from a vehicle on any woods, fields, orchards, livestock, wild 27
animals or birds, dwellings, or buildings. 28
(II) The provisions of this paragraph do not apply to [the]: 29
1. THE normal use of headlights of a vehicle traveling on any 30
public or private road in a normal manner[, to any]; 31
2. A police, emergency, or utility company vehicle using 32
spotlights in the performance of their duties[, or to any]; 33
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3. A farmer or landowner on the farmer’s or landowner’s own 1
or leased land using artificial lights to check on the farmer’s or landowner’s land, crops, 2
livestock, or poultry; OR 3
4. A HOLDER OF A DEER COOPERATOR PERMIT OR AN 4
AGRICULTURAL DEER COOPERATOR PERMIT HUNTING DEER AT NIGHTTIME IN 5
ACCORDANCE WITH § 10–206 OF THIS TITLE. [However, raccoons] 6
(III) RACCOONS, fox, or opossum may be hunted on foot at nighttime 7
during open season with the use of a dog or light, or both. 8
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect June 9
1, 2022. 10