EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*sb0327*
SENATE BILL 327
M2 3lr1693
CF 3lr2650
By: Senators Elfreth, Bailey, Gallion, Gile, Hester, Jackson, James, King, McKay,
Rosapepe, and Salling
Introduced and read first time: January 27, 2023
Assigned to: Education, Energy, and the Environment
A BILL ENTITLED
AN ACT concerning 1
Hunting, Wildlife Conservation, and Outdoor Recreation – Funding, Promotion, 2
Management, Licenses, Permits, and Stamps 3
FOR the purpose of altering the purpose of the Heritage Conservation Fund to include 4
acquiring interests in land that can be used by the general public for hunting; 5
establishing the Wildlife Conservation, Education, and Outreach Program to provide 6
outreach and foster an interest in outdoor recreation and stewardship, hunting, and 7
wildlife conservation; establishing a stamp for hunting sika deer; authorizing a 8
nonresident attending a college or university in the State to purchase a resident 9
hunting license; altering the fees charged for certain hunting and trapping licenses, 10
permits, and stamps; codifying and altering the fees charged for a nonresident 11
trapping license and a group furbearer permit; codifying the fee charged for an 12
individual furbearer permit; authorizing a person to hunt migratory game birds on 13
Sundays; altering the purposes for which the Wildlife Management and Protection 14
Fund may be used; requiring the Department of Natural Resources, in consultation 15
with the Department of Agriculture, to develop a plan to address the overpopulation 16
of deer in the State; requiring that a portion of an increase in certain funding be used 17
for new Position Identification Numbers for the Department of Natural Resources to 18
use in a certain manner; and generally relating to hunting, wildlife conservation, 19
and outdoor recreation. 20
BY repealing and reenacting, with amendments, 21
Article – Natural Resources 22
Section 5–1102 and 5–1502 23
Annotated Code of Maryland 24
(2018 Replacement Volume and 2022 Supplement) 25
BY adding to 26
Article – Natural Resources 27
Section 10–103 28 2 SENATE BILL 327
Annotated Code of Maryland 1
(2012 Replacement Volume and 2022 Supplement) 2
BY repealing and reenacting, with amendments, 3
Article – Natural Resources 4
Section 10–301(c) and (g), 10–308.1, and 10–410(a)(12) and (13) 5
Annotated Code of Maryland 6
(2012 Replacement Volume and 2022 Supplement) 7
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 8
That the Laws of Maryland read as follows: 9
Article – Natural Resources 10
5–1102. 11
(a) IT IS THE INTENT OF T HE GENERAL ASSEMBLY THAT NOTHING IN THIS 12
SUBTITLE MAY BE CONSTRUED TO : 13
(1) REQUIRE A LANDOWNER T O ALLOW THE GENERAL PUB LIC 14
ACCESS TO THE LANDOWNER ’S LAND; OR 15
(2) PROHIBIT A LANDOWNER FROM LIMITING OR POS TING THE 16
LANDOWNER ’S LAND AGAINST ENTRY . 17
(B) The purpose of this subtitle is to encourage any owner of land to make land, 18
water, and airspace above the land and water areas available to the public for any 19
recreational and educational purpose, or on a limited entry basis for any recreational 20
hunting purpose, by limiting the owner’s liability toward any person who enters on land, 21
water, and airspace above the land and water areas for these purposes. 22
[(b)] (C) This subtitle does not: 23
(1) [create] CREATE a duty of care or ground of liability for injury to 24
persons or property[,]; OR 25
(2) [relieve] RELIEVE any person using the land of another for any 26
recreational or educational purpose from [any]: 27
(I) ANY obligation which [he] A PERSON might have in the absence 28
of this subtitle to exercise care in using the land and in [his] A PERSON’S activities on the 29
land[,]; or [from the] 30
(II) THE legal consequences of [his] A PERSON’S failure to employ 31
care. 32 SENATE BILL 327 3
5–1502. 1
The purposes of the Heritage Conservation Fund are for the State to acquire 2
conservation easements or a fee simple or other interests in: 3
(1) Forestlands; 4
(2) Unique ecological areas of the State; 5
(3) Any area characterized by significant natural scenic beauty; 6
(4) Tidal or nontidal wetlands; 7
(5) Lands in the Chesapeake Bay Critical Area, as defined under § 8–1807 8
of this article; 9
(6) Any land designated as a unique ecological area under the Natural 10
Heritage Program in the Department; 11
(7) Any wilderness area that remains relatively undisturbed by human 12
encroachment; 13
(8) Lands supporting rare, threatened, or endangered plants or animals; 14
(9) Lands that support diverse ecological communities of plants or animals; 15
(10) Any land whose conversion to development would significantly affect 16
water quality or unique natural habitat; [and] 17
(11) Natural areas that have been designated by the State or submitted by 18
a county for designation as areas of critical State concern under § 5–611 of the State 19
Finance and Procurement Article; AND 20
(12) LANDS THAT CAN BE USE D BY THE GENERAL PUB LIC FOR 21
HUNTING. 22
10–103. 23
(A) IN THIS SECTION, “PROGRAM” MEANS THE WILDLIFE CONSERVATION , 24
EDUCATION, AND OUTREACH PROGRAM. 25
(B) THERE IS A WILDLIFE CONSERVATION , EDUCATION, AND OUTREACH 26
PROGRAM IN THE DEPARTMENT . 27
(C) THE PURPOSE OF THE PROGRAM IS TO: 28 4 SENATE BILL 327
(1) PROVIDE OUTREACH ON OUTDOOR RECREATIO N AND 1
STEWARDSHIP TO SUBURBAN AND EXUR BAN COMMUNITY LEADER S, 2
ORGANIZATIONS , SCHOOLS, AND UNIVERSITIES ; 3
(2) CONNECT ELEMENTARY AN D MIDDLE SCHOOL STUDEN TS, THEIR 4
PARENTS, AND UNIVERSITY STUDE NTS LOCATED IN SUBUR BAN AND EXURBAN 5
AREAS TO OUTDOOR RECREATIO N AND STEWARDSHIP OP PORTUNITIES; 6
(3) FOSTER INTEREST IN THE USE OF PRIVATE LAND AND 7
UNDEVELOPED PUBLIC L AND FOR OUTDOOR RECREATION ; AND 8
(4) FOSTER INTEREST IN HU NTING AND WILDLIFE C ONSERVATION . 9
(D) THE DEPARTMENT , IN CONSULTATION WITH PROGRAM STAFF , SHALL 10
DEVELOP A PLAN TO IN CREASE ENGAGEMENT OF COMMUNITIES THAT 11
HISTORICALLY HAVE NOT HAD ACCESS TO HUNTING AND CONSE RVATION 12
PROGRAMS AND ENGAGEMENT OF VETERANS IN: 13
(1) OUTDOOR RECREATION AN D STEWARDSHIP ; 14
(2) HUNTING; AND 15
(3) WILDLIFE CONSERVATION . 16
10–301. 17
(c) (1) Except as provided in paragraph (2) of this subsection, the following 18
persons are not required to obtain a hunter’s license, bow and arrow stamp, black powder 19
stamp, [or] bonus antlered deer stamp, OR SIKA DEER STAMP: 20
(i) With respect to hunting on farmland only: 21
1. The resident owner of the farmland and the owner’s 22
spouse, child, and child’s spouse; 23
2. A tenant and the tenant’s spouse, child, and child’s spouse. 24
A tenant is a person holding land under a lease, or a sharecropper who resides in a dwelling 25
on the land, but a tenant does not include any employee of the owner or tenant; and 26
3. A nonresident owner of a parcel of farmland and the 27
owner’s spouse, child, and child’s spouse if: 28
A. The parcel of farmland is located in Maryland and an 29
adjacent state; 30 SENATE BILL 327 5
B. The owner’s primary residence is on the parcel of 1
farmland; and 2
C. The adjacent state extends similar privileges to a resident 3
of Maryland; 4
(ii) Any resident serving in the armed forces of the United States 5
while on leave in the State, during the resident’s leave period, if, while hunting, the resident 6
possesses a copy of the resident’s official leave order; 7
(iii) Any person serving in the armed forces of the United States who 8
has a service–connected disability, if, while hunting, the person possesses valid military 9
identification; and 10
(iv) Any unarmed person participating in an organized foxhunt. 11
(2) (i) Except as provided in subparagraph (ii) of this paragraph, in 12
order to qualify for the license and stamp exemption in accordance with paragraph (1) of 13
this subsection, a child or child’s spouse must be eligible to purchase a junior resident or 14
junior nonresident hunting license. 15
(ii) If a child or child’s spouse is ineligible to purchase a junior 16
resident or junior nonresident hunting license, the child or child’s spouse shall qualify for 17
the license and stamp exemption if the child or child’s spouse: 18
1. Lives on the farmland; 19
2. Worked on the farmland for 30 or more days during the 20
prior 12–month period; or 21
3. Manages the farmland. 22
(3) (i) In this paragraph, “armed forces” includes the U.S. Coast Guard 23
and the U.S. Merchant Marine. 24
(ii) Subject to subparagraph (iii) of this paragraph, a person who is 25
a retired former member of the armed forces of the United States is not required to obtain 26
a hunting license to hunt on farmland that is: 27
1. In active farming status; and 28
2. Owned by the person or the person’s spouse, child, child’s 29
spouse, parent, grandparent, sibling, niece, or nephew. 30
(iii) A person who hunts on farmland without a hunting license under 31
this paragraph shall possess: 32 6 SENATE BILL 327
1. The retired–military identification card of the person; 1
2. Written permission from the owner of the farm property to 2
hunt on the property that includes: 3
A. A specified period of time that the person is authorized to 4
hunt on the property; and 5
B. The relationship of the person to the owner of the property; 6
and 7
3. Any required hunting stamps. 8
(g) (1) (I) 1. There [shall be the following types of hunting licenses in 9
the State: 10
(i) A] IS A resident hunting license that enables the purchaser to 11
hunt all legal game birds and mammals during any appropriate season in Maryland 12
without the purchase of additional stamps, unless the purchaser is hunting migratory game 13
birds [or], deer during bow and arrow season or black powder season, OR SIKA DEER. 14
2. To hunt migratory game birds the purchaser must also 15
buy a Maryland migratory game bird stamp and to hunt wild waterfowl the purchaser must 16
buy both a Maryland migratory game bird stamp and a federal migratory bird hunting and 17
conservation stamp. 18
3. To hunt deer during bow and arrow season and black 19
powder season the purchaser must also purchase a bow and arrow or black powder stamp. 20
4. TO HUNT SIKA DEER THE PURCHASER MUST A LSO 21
PURCHASE A SIKA DEER STAMP. 22
(ii) 1. [A] THERE IS A nonresident hunting license that enables 23
the purchaser to hunt all legal game birds and mammals during any appropriate season 24
without the purchase of additional stamps unless the purchaser is hunting migratory game 25
birds [or], deer during bow and arrow season or black powder season, OR SIKA DEER. 26
2. This license enables the purchaser to hunt migratory 27
game birds only with the purchase of a Maryland migratory game bird stamp and to hunt 28
wild waterfowl only with the purchase of both a Maryland migratory game bird stamp and 29
a federal migratory bird hunting and conservation stamp. 30
3. This license enables the purchaser to hunt deer during 31
bow and arrow season and black powder season only with the purchase of a nonresident 32
bow and arrow or black powder stamp. 33 SENATE BILL 327 7
4. THIS LICENSE ENABLES THE PURCHASER TO HUNT 1
SIKA DEER ONLY WITH THE PURCHA SE OF A NONRESIDENT SIKA DEER STAMP. 2
(iii) 1. [A] THERE IS A nonresident 3–day hunting license that 3
enables the purchaser to hunt all legal game birds and mammals except deer and turkey 4
for the 3 consecutive legal hunting days in a single season that are specified on the license 5
by the issuing agent. 6
2. The purchaser must also purchase a Maryland migratory 7
game bird stamp to hunt migratory game birds and a federal migratory bird hunting and 8
conservation stamp to hunt wild waterfowl with this license. 9
3. Under no circumstance does this license authorize the 10
purchaser to hunt deer and turkey. 11
(iv) 1. [An] THERE IS AN apprentice hunting license that 12
enables the purchaser to hunt all legal game birds and mammals in a single season without 13
the purchase of additional stamps unless the purchaser is hunting migratory game birds 14
[or], deer during bow and arrow season or black powder season, OR SIKA DEER. 15
2. This license enables the purchaser to hunt migratory 16
game birds only with the purchase of a Maryland migratory game bird stamp and to hunt 17
wild waterfowl only with the purchase of both a Maryland migratory game bird stamp and 18
a federal migratory bird hunting and conservation stamp. 19
3. This license enables the purchaser to hunt deer during 20
bow and arrow season and black powder season only with the purchase of a bow and arrow 21
or black powder stamp. 22
4. THIS LICENSE ENABLES THE PURCHASER TO HUN T 23
SIKA DEER ONLY WITH THE PURCHA SE OF A SIKA DEER STAMP. 24
[2. A.] 5. A person may obtain an apprentice hunting license 25
on satisfactory completion of a short online or electronic course of instruction in competency 26
in firearms and hunter safety approved by the Department. 27
[B.] 6. A. [A] EXCEPT AS PROVIDED IN 28
SUBSUBSUBPARAGRAPH C OF THIS SUBSUBPARAGR APH, A person may hunt under an 29
apprentice hunting license only if accompanied and directly supervised by another person 30
who is at least 18 years of age and possesses a valid resident nonapprentice hunting license 31
issued under this subtitle. 32
[C.] B. A person who accompanies and directly supervises 33
an apprentice hunting licensee shall maintain close visual and verbal contact with, provide 34 8 SENATE BILL 327
adequate direction to, and be in a position to immediately assume control of the firearm of 1
the apprentice hunting licensee. 2
[3.] C. Except for a person participating in a junior hunt 3
approved by the Department, an apprentice hunting licensee who has obtained a certificate 4
of competency in firearms and hunter safety under § 10–301.1 of this subtitle may hunt 5
without supervision. 6
[4.] 7. An apprentice hunting license: 7
A. May be issued to a person only once in the person’s 8
lifetime; 9
B. May not be renewed; and 10
C. May not be issued to a person who has previously been 11
issued any hunting license under this subtitle. 12
(2) Residents may purchase a senior hunting license beginning in the 13
calendar year in which they attain the age of 65. 14
(3) (I) [A] EXCEPT AS PROVIDED IN SUBPARAGRAPH (II) OF THIS 15
PARAGRAPH , A nonresident of any age must purchase either a nonresident hunting license 16
or a nonresident 3–day hunting license to hunt in the State. 17
(II) A NONRESIDENT ATTENDIN G A COLLEGE OR UNIVE RSITY IN 18
THE STATE MAY PURCHASE A RESID ENT HUNTING LICENSE IF THE NONRESIDENT 19
PROVIDES TO THE DEPARTMENT PROOF THAT THE NONRESIDENT IS ENROLLED AT 20
A COLLEGE OR UNIVERS ITY IN THE STATE. 21
(4) Subject to paragraph [(6)] (7) of this subsection, the fees for hunting 22
AND TRAPPING licenses are according to the following schedule: 23
(i) Resident, junior, under the age of 16 years ..... [$ 10.50] $15.00 24
(ii) Resident, regular, at least 16 years old and under the age of 65 25
years................................................................................................................ [$ 24.50] $35.00 26
(iii) Resident, senior, at least 65 years old ................................ $ 5.00 27
(iv) Nonresident, regular, at least 16 years old .. [$ 130.00] $160.00 28
(v) Nonresident, junior, under the age of 16 years…[$ 65.00] $80.00 29
(vi) Complimentary license authorized to be issued under § 10–303 30
of this subtitle................................................................................................................... No fee 31 SENATE BILL 327 9
(vii) Nonresident 3–day hunting license…………..… [$ 45.00] $65.00 1
(viii) Resident apprentice…………..…………………… [$ 10.00] $15.00 2
(ix) Nonresident apprentice…………………… ….….. [$ 20.00] $40.00 3
(X) NONRESIDENT TRAPPING LICENSE……………………$50.00 4
(5) The fees for individual hunting stamps are according to the following 5
schedule: 6
(i) Bow and arrow stamp ......................................................... $ 6.00 7
(ii) Nonresident bow and arrow stamp ................................... $ 25.00 8
(iii) Black powder stamp ............................................................ $ 6.00 9
(iv) Nonresident black powder stamp ...................................... $ 25.00 10
(v) Maryland migratory game bird stamp ............... [$ 9.00] $15.00 11
(vi) Resident bonus antlered deer stamp ................................. $ 10.00 12
(vii) Nonresident bonus antlered deer stamp for each type of deer 13
hunting season …………….. ............................................................................. [$ 25] $25.00 14
(VIII) RESIDENT SIKA DEER STAMP……………………… …...$10.00 15
(IX) NONRESIDENT SIKA DEER STAMP……………… .…......$25.00 16
(6) THE FEES FOR FURBEARE R PERMITS ARE ACCORD ING TO THE 17
FOLLOWING SCHEDULE : 18
(I) INDIVIDUAL………………………………………...……….$5.00 19
(II) GROUP………………………………………………… .….$50.00 20
[(6)] (7) The Department shall establish a program to provide discounted 21
hunting licenses and any associated State–issued stamps or permits to Maryland residents 22
who are recipients of the Purple Heart Award. 23
10–308.1. 24
10 SENATE BILL 327
(a) In addition to any other requirement, a person hunting migratory game birds 1
in the State first shall purchase a Maryland migratory game bird stamp. 2
(b) (1) (I) A person may obtain a Maryland migratory game bird stamp for 3
a fee of [$9.00] $15.00 from any person designated by the Department. 4
(II) The issuing person designated shall retain the sum of 75 cents 5
as compensation for issuing each stamp. 6
(III) The balance of the fee is paid over and accounted for to the State 7
Treasurer. 8
(IV) The Treasurer shall credit all such fees received to the State 9
Wildlife Management and Protection Fund, in accordance with § 10–209 of this title. 10
(2) (I) The Department may sell expired stamps below face value to the 11
general public for a period of 3 years, after which time the Department shall shred any 12
unsold expired stamps. 13
(II) All revenues derived from the sale of [these] THE stamps SOLD 14
UNDER SUBPARAGRAPH (I) OF THIS PARAGRAPH shall revert back to the Game 15
Management Fund. 16
(c) While hunting migratory game birds, a person must be in possession of proof 17
of purchase of the Maryland migratory game bird stamp. 18
(d) (1) All revenues accruing to the Wildlife Management and Protection Fund 19
from sales of the migratory game bird stamps shall be expended solely for the following 20
purposes: 21
(i) Migratory game bird projects included in an approved State 22
program to create, develop, enhance, maintain, and manage nesting cover, winter foods, 23
and other habitat components on public lands to satisfy the habitat requirements of a broad 24
range of wintering migratory game birds and native migratory game bird species; 25
(ii) Migratory game bird research, management, and surveys; and 26
(iii) [Not more than 30% to adopt and implement a program to control 27
the species Phragmites communis (phragmites) on private lands] MIGRATORY GAME 28
BIRD PROJECTS THAT C ONSERVE MIGRATORY GAME BIRD BREEDING HABITATS IN 29
CANADA. 30
(2) (I) To encourage waterfowl habitat conservation on private lands, 31
the Department shall implement a 10–year licensing agreement for approved projects on 32
privately owned lands detailing the landowner’s responsibilities. 33
SENATE BILL 327 11
(II) Expenditures by private landowners on private land for these 1
waterfowl projects approved by the Department and covered by the licensing agreement 2
shall be considered a contribution to the State. 3
(3) ON OR BEFORE DECEMBER 1 EACH YEAR, THE DEPARTMENT 4
SHALL REPORT TO THE GENERAL ASSEMBLY, IN ACCORDANCE WITH § 2–1257 OF 5
THE STATE GOVERNMENT ARTICLE, ON THE EFFECTIVENESS OF ANY 6
EXPENDITURES FROM TH E WILDLIFE MANAGEMENT AND PROTECTION FUND FOR 7
MIGRATORY GAME BIRD PROJECTS UNDER PARAG RAPH (1)(III) OF THIS 8
SUBSECTION. 9
[(3)] (E) (1) The Governor shall appoint a Migratory Game Bird 10
Advisory Committee of 9 members who have a practical knowledge of migratory game bird 11
habitat conservation, migratory game bird ecology, migratory game bird management, or 12
migratory game bird hunting. 13
[(4)] (2) The Committee shall advise the Department on: 14
(i) Matters relating to expenditures of funds derived from the sale 15
of Maryland migratory game bird stamps; 16
(ii) Policy, regulations, and legislation related to migratory game 17
birds; and 18
(iii) Migratory game bird habitat conservation projects. 19
10–410. 20
(a) (12) Except as provided in paragraphs (8) through (10) AND (13) of this 21
subsection and subject to paragraph (7) of this subsection, a person may not hunt on Sunday 22
in: 23
(i) Baltimore City; 24
(ii) Baltimore County; 25
(iii) Howard County; or 26
(iv) Prince George’s County. 27
(13) A person may [not] hunt migratory game birds on Sunday. 28
SECTION 2. AND BE IT FURTHER ENACTED, That: 29
12 SENATE BILL 327
(a) On or before December 1, 2023, the Department of Natural Resources, in 1
consultation with the Department of Agriculture, shall develop a plan to address the 2
overpopulation of deer in the State. 3
(b) The plan shall include: 4
(1) the feasibility of implementing a rotational closure hunting strategy on 5
State land, including State park system lands and hunting on State land on Sundays; 6
(2) any legislative, budgetary, or regulatory changes needed to implement 7
a rotational closure hunting strategy on State–owned land; 8
(3) subject to subsection (c) of this section, the feasibility of implementing 9
a rotational closure hunting strategy on locally owned land; 10
(4) proposals the Department of Natural Resources determines are viable 11
and effective for addressing the overpopulation of deer in the State; and 12
(5) suitable uses for any increased federal funding to the State Wildlife 13
Management and Protection Fund. 14
(c) The Department of Natural Resources shall consult with local governments 15
regarding the feasibility of a rotational closure hunting strategy under subsection (b)(3) of 16
this section. 17
SECTION 3. AND BE IT FURTHER ENACTED, That if the State Wildlife 18
Management and Protection Fund or the Department of Natural Resources receives an 19
increase in federal funds due to the increased fees under § 10–301 of the Natural Resources 20
Article, as enacted under Section 1 of this Act: 21
(1) any portion of the increase may be transferred to the Heritage 22
Conservation Fund for the acquisition of conservation easements or fee simple or other 23
interests in lands that can be used by the general public for hunting; and 24
(2) a portion of the increase shall be used for the creation of eight Position 25
Identification Numbers for the Department of Natural Resources to hire staff for the 26
Wildlife Conservation, Education, and Outreach Program established under Section 1 of 27
this Act. 28
SECTION 4. AND BE IT FURTHER ENACTED, That this Act shall take effect July 29
1, 2023. 30