EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
Underlining indicates amendments to bill.
Strike out indicates matter stricken from the bill by amendment or deleted from the law by
amendment.
*sb0327*
SENATE BILL 327
M2 3lr1693
CF HB 983
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
Committee Report: Favorable with amendments
Senate action: Adopted
Read second time: March 9, 2023
CHAPTER ______
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 to create and fund a certain farmer cost–share program; 19
and generally relating to hunting, wildlife conservation, and outdoor recreation. 20
BY repealing and reenacting, with amendments, 21
Article – Natural Resources 22
Section 5–1102 and 5–1502 23 2 SENATE BILL 327
Annotated Code of Maryland 1
(2018 Replacement Volume and 2022 Supplement) 2
BY adding to 3
Article – Natural Resources 4
Section 10–103 5
Annotated Code of Maryland 6
(2012 Replacement Volume and 2022 Supplement) 7
BY repealing and reenacting, with amendments, 8
Article – Natural Resources 9
Section 10–301(c) and (g), and 10–308.1, and 10–410(a)(12) and (13) 10
Annotated Code of Maryland 11
(2012 Replacement Volume and 2022 Supplement) 12
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 13
That the Laws of Maryland read as follows: 14
Article – Natural Resources 15
5–1102. 16
(a) IT IS THE INTENT OF T HE GENERAL ASSEMBLY THAT NOTHING IN THIS 17
SUBTITLE MAY BE CONS TRUED TO: 18
(1) REQUIRE A LAND OWNER TO ALLOW THE G ENERAL PUBLIC 19
ACCESS TO THE LANDOW NER’S LAND; OR 20
(2) PROHIBIT A LANDOWNER FROM LIMITING OR POS TING THE 21
LANDOWNER ’S LAND AGAINST ENTRY . 22
(B) The purpose of this subtitle is to encourage any owner of land to make land, 23
water, and airspace above the land and water areas available to the public for any 24
recreational and educational purpose, or on a limited entry basis for any recreational 25
hunting purpose, by limiting the owner’s liability toward any person who enters on land, 26
water, and airspace above the land and water areas for these purposes. 27
[(b)] (C) This subtitle does not: 28
(1) [create] CREATE a duty of care or ground of liability for injury to 29
persons or property[,]; OR 30
(2) [relieve] RELIEVE any person using the land of another for any 31
recreational or educational purpose from [any]: 32
SENATE BILL 327 3
(I) ANY obligation which [he] A PERSON might have in the absence 1
of this subtitle to exercise care in using the land and in [his] A PERSON’S activities on the 2
land[,]; or [from the] 3
(II) THE legal consequences of [his] A PERSON’S failure to employ 4
care. 5
5–1502. 6
The purposes of the Heritage Conservation Fund are for the State to acquire 7
conservation easements or a fee simple or other interests in: 8
(1) Forestlands; 9
(2) Unique ecological areas of the State; 10
(3) Any area characterized by significant natural scenic beauty; 11
(4) Tidal or nontidal wetlands; 12
(5) Lands in the Chesapeake Bay Critical Area, as defined under § 8–1807 13
of this article; 14
(6) Any land designated as a unique ecological area under the Natural 15
Heritage Program in the Department; 16
(7) Any wilderness area that remains relatively undisturbed by human 17
encroachment; 18
(8) Lands supporting rare, threatened, or endangered plants or animals; 19
(9) Lands that support diverse ecological communities of plants or animals; 20
(10) Any land whose conversion to development would significantly affect 21
water quality or unique natural habitat; [and] 22
(11) Natural areas that have been designated by the State or submitted by 23
a county for designation as areas of critical State concern under § 5–611 of the State 24
Finance and Procurement Article; AND 25
(12) LANDS THAT CAN BE USE D BY THE GENERAL PUB LIC FOR 26
HUNTING. 27
10–103. 28
4 SENATE BILL 327
(A) IN THIS SECTION, “PROGRAM” MEANS THE WILDLIFE CONSERVATION , 1
EDUCATION, AND OUTREACH PROGRAM. 2
(B) THERE IS A WILDLIFE CONSERVATION , EDUCATION, AND OUTREACH 3
PROGRAM IN THE DEPARTMENT . 4
(C) THE PURPOSE OF THE PROGRAM IS TO: 5
(1) PROVIDE OUTREACH ON O UTDOOR RECREATI ON AND 6
STEWARDSHIP TO SUBUR BAN AND EXURBAN COMM UNITY LEADERS , 7
ORGANIZATIONS , SCHOOLS, AND UNIVERSITIES ; 8
(2) CONNECT ELEMENTARY AN D MIDDLE SCHOOL STUD ENTS, THEIR 9
PARENTS, AND UNIVERSITY STUDE NTS LOCATED IN SUBUR BAN AND EXURBAN 10
AREAS TO OUTDOOR REC REATION AND STEWARDSHIP OPPO RTUNITIES; 11
(3) FOSTER INTEREST IN TH E USE OF PRIVATE LAN D AND 12
UNDEVELOPED PUBLIC L AND FOR OUTDOOR RECR EATION; AND 13
(4) FOSTER INTEREST IN HU NTING AND WILDLIFE C ONSERVATION . 14
(D) THE DEPARTMENT , IN CONSULTATION WITH PROGRAM STAFF , SHALL 15
DEVELOP A PLAN TO IN CREASE ENGAGEMENT OF COMMUNITIES THAT 16
HISTORICALLY HAVE NO T HAD ACCESS TO HUNT ING AND CONSERVATION 17
PROGRAMS AND ENGAGEM ENT OF VETERANS IN : 18
(1) OUTDOOR RECREATION AN D STEWARDSHIP ; 19
(2) HUNTING; AND 20
(3) WILDLIFE CONSERVATION . 21
10–301. 22
(c) (1) Except as provided in paragraph (2) of this subsection, the following 23
persons are not required to obtain a hunter’s license, bow and arrow stamp, black powder 24
stamp, [or] bonus antlered deer stamp, OR SIKA DEER STAMP: 25
(i) With respect to hunting on farmland only: 26
1. The resident owner of the farmland and the owner’s 27
spouse, child, and child’s spouse; 28
SENATE BILL 327 5
2. A tenant and the tenant’s spouse, child, and child’s spouse. 1
A tenant is a person holding land under a lease, or a sharecropper who resides in a dwelling 2
on the land, but a tenant does not include any employee of the owner or tenant; and 3
3. A nonresident owner of a parcel of farmland and the 4
owner’s spouse, child, and child’s spouse if: 5
A. The parcel of farmland is located in Maryland and an 6
adjacent state; 7
B. The owner’s primary residence is on the parcel of 8
farmland; and 9
C. The adjacent state extends similar privileges to a resident 10
of Maryland; 11
(ii) Any resident serving in the armed forces of the United States 12
while on leave in the State, during the resident’s leave period, if, while hunting, the resident 13
possesses a copy of the resident’s official leave order; 14
(iii) Any person serving in the armed forces of the United States who 15
has a service–connected disability, if, while hunting, the person possesses valid military 16
identification; and 17
(iv) Any unarmed person participating in an organized foxhunt. 18
(2) (i) Except as provided in subparagraph (ii) of this paragraph, in 19
order to qualify for the license and stamp exemption in accordance with paragraph (1) of 20
this subsection, a child or child’s spouse must be eligible to purchase a junior resident or 21
junior nonresident hunting license. 22
(ii) If a child or child’s spouse is ineligible to purchase a junior 23
resident or junior nonresident hunting license, the child or child’s spouse shall qualify for 24
the license and stamp exemption if the child or child’s spouse: 25
1. Lives on the farmland; 26
2. Worked on the farmland for 30 or more days during the 27
prior 12–month period; or 28
3. Manages the farmland. 29
(3) (i) In this paragraph, “armed forces” includes the U.S. Coast Guard 30
and the U.S. Merchant Marine. 31
6 SENATE BILL 327
(ii) Subject to subparagraph (iii) of this paragraph, a person who is 1
a retired former member of the armed forces of the United States is not required to obtain 2
a hunting license to hunt on farmland that is: 3
1. In active farming status; and 4
2. Owned by the person or the person’s spouse, child, child’s 5
spouse, parent, grandparent, sibling, niece, or nephew. 6
(iii) A person who hunts on farmland without a hunting license under 7
this paragraph shall possess: 8
1. The retired–military identification card of the person; 9
2. Written permission from the owner of the farm property to 10
hunt on the property that includes: 11
A. A specified period of time that the person is authorized to 12
hunt on the property; and 13
B. The relationship of the person to the owner of the property; 14
and 15
3. Any required hunting stamps. 16
(g) (1) (I) 1. There [shall be the following types of hunting licenses in 17
the State: 18
(i) A] IS A resident hunting license that enables the purchaser to 19
hunt all legal game birds and mammals during any appropriate season in Maryland 20
without the purchase of additional stamps, unless the purchaser is hunting migratory game 21
birds [or], deer during bow and arrow season or black powder season, OR SIKA DEER. 22
2. To hunt migratory game birds the purchaser must also 23
buy a Maryland migratory game bird stamp and to hunt wild waterfowl the purchaser must 24
buy both a Maryland migratory game bird stamp and a federal migratory bird hunting and 25
conservation stamp. 26
3. To hunt deer during bow and arrow season and black 27
powder season the purchaser must also purchase a bow and arrow or black powder stamp. 28
4. TO HUNT SIKA DEER THE PURCHASER MUST ALSO 29
PURCHASE A SIKA DEER STAMP. 30
(ii) 1. [A] THERE IS A nonresident hunting license that enables 31
the purchaser to hunt all legal game birds and mammals during any appropriate season 32 SENATE BILL 327 7
without the purchase of additional stamps unless the purchaser is hunting migratory game 1
birds [or], deer during bow and arrow season or black powder season, OR SIKA DEER. 2
2. This license enables the purchaser to hunt migratory 3
game birds only with the purchase of a Maryland migratory game bird stamp and to hunt 4
wild waterfowl only with the purchase of both a Maryland migratory game bird stamp and 5
a federal migratory bird hunting and conservation stamp. 6
3. This license enables the purchaser to hunt deer during 7
bow and arrow season and black powder season only with the purchase of a nonresident 8
bow and arrow or black powder stamp. 9
4. THIS LICENSE ENABLES THE PURCHASER TO HUN T 10
SIKA DEER ONLY WITH THE PURCHASE OF A NO NRESIDENT SIKA DEER STAMP. 11
(iii) 1. [A] THERE IS A nonresident 3–day hunting license that 12
enables the purchaser to hunt all legal game birds and mammals except deer and turkey 13
for the 3 consecutive legal hunting days in a single season that are specified on the license 14
by the issuing agent. 15
2. The purchaser must also purchase a Maryland migratory 16
game bird stamp to hunt migratory game birds and a federal migratory bird hunting and 17
conservation stamp to hunt wild waterfowl with this license. 18
3. Under no circumstance does this license authorize the 19
purchaser to hunt deer and turkey. 20
(iv) 1. [An] THERE IS AN apprentice hunting license that 21
enables the purchaser to hunt all legal game birds and mammals in a single season without 22
the purchase of additional stamps unless the purchaser is hunting migratory game birds 23
[or], deer during bow and arrow season or black powder season, OR SIKA DEER. 24
2. This license enables the purchaser to hunt migratory 25
game birds only with the purchase of a Maryland migratory game bird stamp and to hunt 26
wild waterfowl only with the purchase of both a Maryland migratory game bird stamp and 27
a federal migratory bird hunting and conservation stamp. 28
3. This license enables the purchaser to hunt deer during 29
bow and arrow season and black powder season only with the purchase of a bow and arrow 30
or black powder stamp. 31
4. THIS LICENSE ENABLES THE PURCHASER TO HUN T 32
SIKA DEER ONLY WITH THE PURCHASE OF A SI KA DEER STAMP . 33
8 SENATE BILL 327
[2. A.] 5. A person may obtain an apprentice hunting license 1
on satisfactory completion of a short online or electronic course of instruction in competency 2
in firearms and hunter safety approved by the Department. 3
[B.] 6. A. [A] EXCEPT AS PROVIDED IN 4
SUBSUBSUBPARAGRAPH C OF THIS SUBSUBPARAGR APH, A person may hunt under an 5
apprentice hunting license only if accompanied and directly supervised by another person 6
who is at least 18 years of age and possesses a valid resident nonapprentice hunting license 7
issued under this subtitle. 8
[C.] B. A person who accompanies and directly supervises 9
an apprentice hunting licensee shall maintain close visual and verbal contact with, provide 10
adequate direction to, and be in a position to immediately assume control of the firearm of 11
the apprentice hunting licensee. 12
[3.] C. Except for a person participating in a junior hunt 13
approved by the Department, an apprentice hunting licensee who has obtained a certificate 14
of competency in firearms and hunter safety under § 10–301.1 of this subtitle may hunt 15
without supervision. 16
[4.] 7. An apprentice hunting license: 17
A. May be issued to a person only once in the person’s 18
lifetime; 19
B. May not be renewed; and 20
C. May not be issued to a person who has previously been 21
issued any hunting license under this subtitle. 22
(2) Residents may purchase a senior hunting license beginning in the 23
calendar year in which they attain the age of 65. 24
(3) (I) [A] EXCEPT AS PROVIDED IN SUBPARAGRAPH (II) OF THIS 25
PARAGRAPH , A nonresident of any age must purchase either a nonresident hunting license 26
or a nonresident 3–day hunting license to hunt in the State. 27
(II) A NONRESIDENT ATTENDIN G A COLLEGE OR UNIVE RSITY IN 28
THE STATE MAY PURCHASE A RESIDENT HUNTING LIC ENSE IF THE NONRESID ENT 29
PROVIDES TO THE DEPARTMENT PROOF THAT THE NONRESIDENT IS E NROLLED AT 30
A COLLEGE OR UNIVERS ITY IN THE STATE. 31
(4) Subject to paragraph [(6)] (7) of this subsection, the fees for hunting 32
AND TRAPPING licenses are according to the following schedule: 33
(i) Resident, junior, under the age of 16 years ..........[$10.50] $15.00 34 SENATE BILL 327 9
(ii) Resident, regular, at least 16 years old and under the age of 65 1
years..................................................................................................................[$24.50] $35.00 2
(iii) Resident, senior, at least 65 years old ....................................$5.00 3
(iv) Nonresident, regular, at least 16 years old ......[$130.00] $160.00 4
(v) Nonresident, junior, under the age of 16 years .........[$65.00] $80.00 5
(vi) Complimentary license authorized to be issued under § 10–303 6
of this subtitle................................................................................................................... No fee 7
(vii) Nonresident 3–day hunting license .........................[$45.00] $65.00 8
(viii) Resident apprentice ................................................[$10.00] $15.00 9
(ix) Nonresident apprentice ............................................[$20.00] $40.00 10
(X) NONRESIDENT TRAPPING LICENSE .............................$50.00 11
(5) The fees for individual hunting stamps are according to the following 12
schedule: 13
(i) Bow and arrow stamp .............................................................$6.00 14
(ii) Nonresident bow and arrow stamp ......................................$25.00 15
(iii) Black powder stamp ...............................................................$6.00 16
(iv) Nonresident black powder stamp ........................................$25.00 17
(v) Maryland migratory game bird stamp ...................[$9.00] $15.00 18
(vi) Resident bonus antlered deer stamp ....................................$10.00 19
(vii) Nonresident bonus antlered deer stamp for each type of deer 20
hunting season ......................................................................................................[$25] $25.00 21
(VIII) RESIDENT SIKA DEER ST AMP .......................................$10.00 22
(IX) NONRESIDENT SIKA DEER STAMP ...............................$25.00 23
(6) THE FEES FOR FURBEARE R PERMITS ARE ACCORD ING TO THE 24
FOLLOWING SCHEDULE : 25
10 SENATE BILL 327
(I) INDIVIDUAL ...................................................................$5.00 1
(II) GROUP ..................................................................$50.00 2
[(6)] (7) The Department shall establish a program to provide discounted 3
hunting licenses and any associated State–issued stamps or permits to Maryland residents 4
who are recipients of the Purple Heart Award. 5
10–308.1. 6
(a) In addition to any other requirement, a person hunting migratory game birds 7
in the State first shall purchase a Maryland migratory game bird stamp. 8
(b) (1) (I) A person may obtain a Maryland migratory game bird stamp for 9
a fee of [$9.00] $15.00 from any person designated by the Department. 10
(II) The issuing person designated shall retain the sum of 75 cents 11
as compensation for issuing each stamp. 12
(III) The balance of the fee is paid over and accounted for to the State 13
Treasurer. 14
(IV) The Treasurer shall credit all such fees received to the State 15
Wildlife Management and Protection Fund, in accordance with § 10–209 of this title. 16
(2) (I) The Department may sell expired stamps below face value to the 17
general public for a period of 3 years, after which time the Department shall shred any 18
unsold expired stamps. 19
(II) All revenues derived from the sale of [these] THE stamps SOLD 20
UNDER SUBPARAGRAPH (I) OF THIS PARAGRAPH shall revert back to the Game 21
Management Fund. 22
(c) While hunting migratory game birds, a person must be in possession of proof 23
of purchase of the Maryland migratory game bird stamp. 24
(d) (1) All revenues accruing to the Wildlife Management and Protection Fund 25
from sales of the migratory game bird stamps shall be expended solely for the following 26
purposes: 27
(i) Migratory game bird projects included in an approved State 28
program to create, develop, enhance, maintain, and manage nesting cover, winter foods, 29
and other habitat components on public lands to satisfy the habitat requirements of a broad 30
range of wintering migratory game birds and native migratory game bird species; 31
(ii) Migratory game bird research, management, and surveys; and 32 SENATE BILL 327 11
(iii) [Not more than 30% to adopt and implement a program to control 1
the species Phragmites communis (phragmites) on private lands] MIGRATORY GAME 2
BIRD PROJECTS THAT C ONSERVE MIGRATORY GAME BIRD BREEDING H ABITATS IN 3
CANADA. 4
(2) (I) To encourage waterfowl habitat conservation on private lands, 5
the Department shall implement a 10–year licensing agreement for approved projects on 6
privately owned lands detailing the landowner’s responsibilities. 7
(II) Expenditures by private landowners on private land for these 8
waterfowl projects approved by the Department and covered by the licensing agreement 9
shall be considered a contribution to the State. 10
(3) ON OR BEFORE DECEMBER 1 EACH YEAR, THE DEPARTMENT 11
SHALL REPORT TO THE GENERAL ASSEMBLY, IN ACCORDANCE WITH § 2–1257 OF 12
THE STATE GOVERNMENT ARTICLE, ON THE EFFECTIVENESS OF ANY 13
EXPENDITURES FROM TH E WILDLIFE MANAGEMENT AND PROTECTION FUND FOR 14
MIGRATORY GAME BIRD PROJECTS UNDER PARAG RAPH (1)(III) OF THIS 15
SUBSECTION. 16
[(3)] (E) (1) The Governor shall appoint a Migratory Game Bird 17
Advisory Committee of 9 members who have a practical knowledge of migratory game bird 18
habitat conservation, migratory game bird ecology, migratory game bird management, or 19
migratory game bird hunting. 20
[(4)] (2) The Committee shall advise the Department on: 21
(i) Matters relating to expenditures of funds derived from the sale 22
of Maryland migratory game bird stamps; 23
(ii) Policy, regulations, and legislation related to migratory game 24
birds; and 25
(iii) Migratory game bird habitat conservation projects. 26
10–410. 27
(a) (12) Except as provided in paragraphs (8) through (10) AND (13) of this 28
subsection and subject to paragraph (7) of this subsection, a person may not hunt on Sunday 29
in: 30
(i) Baltimore City; 31
(ii) Baltimore County; 32
12 SENATE BILL 327
(iii) Howard County; or 1
(iv) Prince George’s County. 2
(13) A person may [not] hunt migratory game birds on Sunday. 3
SECTION 2. AND BE IT FURTHER ENACTED, That: 4
(a) On or before December 1, 2023, the Department of Natural Resources, in 5
consultation with the Department of Agriculture, shall develop a plan to address the 6
overpopulation of deer in the State. 7
(b) The plan shall include: 8
(1) the feasibility of implementing a rotational closure hunting strategy on 9
State land, including State park system lands and hunting on State land on Sundays; 10
(2) any legislative, budgetary, or regulatory changes needed to implement 11
a rotational closure hunting strategy on State–owned land; 12
(3) subject to subsection (c) of this section, the feasibility of implementing 13
a rotational closure hunting strategy on locally owned land; 14
(4) proposals the Department of Natural Resources determines are viable 15
and effective for addressing the overpopulation of deer in the State; and 16
(5) suitable uses for any increased federal funding to the State Wildlife 17
Management and Protection Fund. 18
(c) The Department of Natural Resources shall consult with local governments 19
regarding the feasibility of a rotational closure hunting strategy under subsection (b)(3) of 20
this section. 21
SECTION 3. AND BE IT FURTHER ENACTED, That if the State Wildlife 22
Management and Protection Fund or the Department of Natural Resources receives an 23
increase in federal funds due to the increased fees under § 10–301 of the Natural Resources 24
Article, as enacted under Section 1 of this Act: 25
(1) any portion of the increase may be transferred to the Heritage 26
Conservation Fund for the acquisition of conservation easements or fee simple or other 27
interests in lands that can be used by the general public for hunting; and 28
(2) a portion of the increase shall be used for: 29
(i) the creation of eight Position Identification Numbers for the 30
Department of Natural Resources to hire staff for the Wildlife Conservation, Education, 31
and Outreach Program established under Section 1 of this Act; and 32 SENATE BILL 327 13
(ii) the creation and funding of a farmer cost–share program to 1
provide funding for farmers to plant forage crops on private agricultural land to: 2
1. reduce the loss of commercial crops due to wildlife 3
foraging; and 4
2. increase forage habitat for wildlife. 5
SECTION 4. AND BE IT FURTHER ENACTED, That this Act shall take effect July 6
1, 2023. 7
Approved:
________________________________________________________________________________
Governor.
________________________________________________________________________________
President of the Senate.
________________________________________________________________________________
Speaker of the House of Delegates.