WES MOORE, Governor Ch. 543
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Chapter 543
(Senate Bill 327)
AN ACT concerning
Hunting, Wildlife Conservation, and Outdoor Recreation – Funding, Promotion,
Management, Licenses, Permits, and Stamps
FOR the purpose of altering the purpose of the Heritage Conservation Fund to include
acquiring interests in land that can be used by the general public for hunting;
establishing the Wildlife Conservation, Education, and Outreach Program to provide
outreach and foster an interest in outdoor recreation and stewardship, hunting, and
wildlife conservation; establishing a stamp for hunting sika deer; authorizing a
nonresident attending a college or university in the State to purchase a resident
hunting license; altering the fees charged for certain hunting and trapping licenses,
permits, and stamps; codifying and altering the fees charged for a nonresident
trapping license and a group furbearer permit; codifying the fee charged for an
individual furbearer permit; authorizing a person to hunt migratory game birds on
Sundays; altering the purposes for which the Wildlife Management and Protection
Fund may be used; requiring the Department of Natural Resources, in consultation
with the Department of Agriculture, to develop a plan to address the overpopulation
of deer in the State; requiring that a portion of an increase in certain funding be used
for new Position Identification Numbers for the Department of Natural Resources to
use in a certain manner and to create and fund a certain farmer cost–share program;
and generally relating to hunting, wildlife conservation, and outdoor recreation.
BY repealing and reenacting, with amendments,
Article – Natural Resources
Section 5–1102 and 5–1502
Annotated Code of Maryland
(2018 Replacement Volume and 2022 Supplement)
BY adding to
Article – Natural Resources
Section 10–103
Annotated Code of Maryland
(2012 Replacement Volume and 2022 Supplement)
BY repealing and reenacting, with amendments,
Article – Natural Resources
Section 10–301(c) and (g), and 10–308.1, and 10–410(a)(12) and (13)
Annotated Code of Maryland
(2012 Replacement Volume and 2022 Supplement)
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
That the Laws of Maryland read as follows: Ch. 543 2023 LAWS OF MARYLAND
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Article – Natural Resources
5–1102.
(a) IT IS THE INTENT OF T HE GENERAL ASSEMBLY THAT NOTHING IN THIS
SUBTITLE MAY BE CONS TRUED TO:
(1) REQUIRE A LANDOWNER T O ALLOW THE GENERAL PUBLIC
ACCESS TO THE LANDOW NER’S LAND; OR
(2) PROHIBIT A LANDOWNER FROM LIMITING OR POSTING THE
LANDOWNER ’S LAND AGAINST ENTRY .
(B) The purpose of this subtitle is to encourage any owner of land to make land,
water, and airspace above the land and water areas available to the public for any
recreational and educational purpose, or on a limited entry basis for any recreational
hunting purpose, by limiting the owner’s liability toward any person who enters on land,
water, and airspace above the land and water areas for these purposes.
[(b)] (C) This subtitle does not:
(1) [create] CREATE a duty of care or ground of liability for injury to
persons or property[,]; OR
(2) [relieve] RELIEVE any person using the land of another for any
recreational or educational purpose from [any]:
(I) ANY obligation which [he] A PERSON might have in the absence
of this subtitle to exercise care in using the land and in [his] A PERSON’S activities on the
land[,]; or [from the]
(II) THE legal consequences of [his] A PERSON’S failure to employ
care.
5–1502.
The purposes of the Heritage Conservation Fund are for the State to acquire
conservation easements or a fee simple or other interests in:
(1) Forestlands;
(2) Unique ecological areas of the State;
(3) Any area characterized by significant natural scenic beauty; WES MOORE, Governor Ch. 543
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(4) Tidal or nontidal wetlands;
(5) Lands in the Chesapeake Bay Critical Area, as defined under § 8–1807
of this article;
(6) Any land designated as a unique ecological area under the Natural
Heritage Program in the Department;
(7) Any wilderness area that remains relatively undisturbed by human
encroachment;
(8) Lands supporting rare, threatened, or endangered plants or animals;
(9) Lands that support diverse ecological communities of plants or animals;
(10) Any land whose conversion to development would significantly affect
water quality or unique natural habitat; [and]
(11) Natural areas that have been designated by the State or submitted by
a county for designation as areas of critical State concern under § 5–611 of the State
Finance and Procurement Article; AND
(12) LANDS THAT CAN BE USE D BY THE GENERAL PUB LIC FOR
HUNTING.
10–103.
(A) IN THIS SECTION, “PROGRAM” MEANS THE WILDLIFE CONSERVATION ,
EDUCATION, AND OUTREACH PROGRAM.
(B) THERE IS A WILDLIFE CONSERVATION , EDUCATION, AND OUTREACH
PROGRAM IN THE DEPARTMENT .
(C) THE PURPOSE OF THE PROGRAM IS TO:
(1) PROVIDE OUTREACH ON O UTDOOR RECREATION AN D
STEWARDSHIP TO SUBUR BAN AND EXURBAN COMM UNITY LEADERS ,
ORGANIZATIONS , SCHOOLS, AND UNIVERSITIES ;
(2) CONNECT ELEMENTARY AN D MIDDLE SCHOOL STUDEN TS, THEIR
PARENTS, AND UNIVERSITY STUDE NTS LOCATED IN SUBUR BAN AND EXURBAN
AREAS TO OUTDOOR REC REATION AND STEWARDS HIP OPPORTUNITIES ;
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(3) FOSTER INTEREST IN TH E USE OF PRIVATE LAN D AND
UNDEVELOPED PUBLIC L AND FOR OUTDOOR RECR EATION; AND
(4) FOSTER INTEREST IN HU NTING AND WILDLIFE C ONSERVATION .
(D) THE DEPARTMENT , IN CONSULTATION WITH PROGRAM STAFF , SHALL
DEVELOP A PLAN TO IN CREASE ENGAGEMENT OF COMMUNITIES THAT
HISTORICALLY HAVE NO T HAD ACCESS TO HUNT ING AND CONSERVATION
PROGRAM S AND ENGAGEMENT OF VETERANS IN:
(1) OUTDOOR RECREATION AN D STEWARDSHIP ;
(2) HUNTING; AND
(3) WILDLIFE CONSERVATION .
10–301.
(c) (1) Except as provided in paragraph (2) of this subsection, the following
persons are not required to obtain a hunter’s license, bow and arrow stamp, black powder
stamp, [or] bonus antlered deer stamp, OR SIKA DEER STAMP :
(i) With respect to hunting on farmland only:
1. The resident owner of the farmland and the owner’s
spouse, child, and child’s spouse;
2. A tenant and the tenant’s spouse, child, and child’s spouse.
A tenant is a person holding land under a lease, or a sharecropper who resides in a dwelling
on the land, but a tenant does not include any employee of the owner or tenant; and
3. A nonresident owner of a parcel of farmland and the
owner’s spouse, child, and child’s spouse if:
A. The parcel of farmland is located in Maryland and an
adjacent state;
B. The owner’s primary residence is on the parcel of
farmland; and
C. The adjacent state extends similar privileges to a resident
of Maryland;
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(ii) Any resident serving in the armed forces of the United States
while on leave in the State, during the resident’s leave period, if, while hunting, the resident
possesses a copy of the resident’s official leave order;
(iii) Any person serving in the armed forces of the United States who
has a service–connected disability, if, while hunting, the person possesses valid military
identification; and
(iv) Any unarmed person participating in an organized foxhunt.
(2) (i) Except as provided in subparagraph (ii) of this paragraph, in
order to qualify for the license and stamp exemption in accordance with paragraph (1) of
this subsection, a child or child’s spouse must be eligible to purchase a junior resident or
junior nonresident hunting license.
(ii) If a child or child’s spouse is ineligible to purchase a junior
resident or junior nonresident hunting license, the child or child’s spouse shall qualify for
the license and stamp exemption if the child or child’s spouse:
1. Lives on the farmland;
2. Worked on the farmland for 30 or more days during the
prior 12–month period; or
3. Manages the farmland.
(3) (i) In this paragraph, “armed forces” includes the U.S. Coast Guard
and the U.S. Merchant Marine.
(ii) Subject to subparagraph (iii) of this paragraph, a person who is
a retired former member of the armed forces of the United States is not required to obtain
a hunting license to hunt on farmland that is:
1. In active farming status; and
2. Owned by the person or the person’s spouse, child, child’s
spouse, parent, grandparent, sibling, niece, or nephew.
(iii) A person who hunts on farmland without a hunting license under
this paragraph shall possess:
1. The retired–military identification card of the person;
2. Written permission from the owner of the farm property to
hunt on the property that includes:
Ch. 543 2023 LAWS OF MARYLAND
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A. A specified period of time that the person is authorized to
hunt on the property; and
B. The relationship of the person to the owner of the property;
and
3. Any required hunting stamps.
(g) (1) (I) 1. There [shall be the following types of hunting licenses in
the State:
(i) A] IS A resident hunting license that enables the purchaser to
hunt all legal game birds and mammals during any appropriate season in Maryland
without the purchase of additional stamps, unless the purchaser is hunting migratory game
birds [or], deer during bow and arrow season or black powder season, OR SIKA DEER.
2. To hunt migratory game birds the purchaser must also
buy a Maryland migratory game bird stamp and to hunt wild waterfowl the purchaser must
buy both a Maryland migratory game bird stamp and a federal migratory bird hunting and
conservation stamp.
3. To hunt deer during bow and arrow season and black
powder season the purchaser must also purchase a bow and arrow or black powder stamp.
4. TO HUNT SIKA DEER THE PURCHASER MUST ALSO
PURCHASE A SIKA DEER STAMP.
(ii) 1. [A] THERE IS A nonresident hunting license that enables
the purchaser to hunt all legal game birds and mammals during any appropriate season
without the purchase of additional stamps unless the purchaser is hunting migratory game
birds [or], deer during bow and arrow season or black powder season, OR SIKA DEER.
2. This license enables the purchaser to hunt migratory
game birds only with the purchase of a Maryland migratory game bird stamp and to hunt
wild waterfowl only with the purchase of both a Maryland migratory game bird stamp and
a federal migratory bird hunting and conservation stamp.
3. This license enables the purchaser to hunt deer during
bow and arrow season and black powder season only with the purchase of a nonresident
bow and arrow or black powder stamp.
4. THIS LICENSE ENABLES THE PURCHASER TO HUNT
SIKA DEER ONLY WITH THE PURCHASE OF A NO NRESIDENT SIKA DEER STAMP.
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(iii) 1. [A] THERE IS A nonresident 3–day hunting license that
enables the purchaser to hunt all legal game birds and mammals except deer and turkey
for the 3 consecutive legal hunting days in a single season that are specified on the license
by the issuing agent.
2. The purchaser must also purchase a Maryland migratory
game bird stamp to hunt migratory game birds and a federal migratory bird hunting and
conservation stamp to hunt wild waterfowl with this license.
3. Under no circumstance does this license authorize the
purchaser to hunt deer and turkey.
(iv) 1. [An] THERE IS AN apprentice hunting license that
enables the purchaser to hunt all legal game birds and mammals in a single season without
the purchase of additional stamps unless the purchaser is hunting migratory game birds
[or], deer during bow and arrow season or black powder season, OR SIKA DEER.
2. This license enables the purchaser to hunt migratory
game birds only with the purchase of a Maryland migratory game bird stamp and to hunt
wild waterfowl only with the purchase of both a Maryland migratory game bird stamp and
a federal migratory bird hunting and conservation stamp.
3. This license enables the purchaser to hunt deer during
bow and arrow season and black powder season only with the purchase of a bow and arrow
or black powder stamp.
4. THIS LICENSE ENABLES THE PURCHASER TO HUN T
SIKA DEER ONLY WITH THE P URCHASE OF A SIKA DE ER STAMP.
[2. A.] 5. A person may obtain an apprentice hunting license
on satisfactory completion of a short online or electronic course of instruction in competency
in firearms and hunter safety approved by the Department.
[B.] 6. A. [A] EXCEPT AS PROVIDED IN
SUBSUBSUBPARAGRAPH C OF THIS SUBSUBPARAGR APH, A person may hunt under an
apprentice hunting license only if accompanied and directly supervised by another person
who is at least 18 years of age and possesses a valid resident nonapprentice hunting license
issued under this subtitle.
[C.] B. A person who accompanies and directly supervises
an apprentice hunting licensee shall maintain close visual and verbal contact with, provide
adequate direction to, and be in a position to immediately assume control of the firearm of
the apprentice hunting licensee.
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[3.] C. Except for a person participating in a junior hunt
approved by the Department, an apprentice hunting licensee who has obtained a certificate
of competency in firearms and hunter safety under § 10–301.1 of this subtitle may hunt
without supervision.
[4.] 7. An apprentice hunting license:
A. May be issued to a person only once in the person’s
lifetime;
B. May not be renewed; and
C. May not be issued to a person who has previously been
issued any hunting license under this subtitle.
(2) Residents may purchase a senior hunting license beginning in the
calendar year in which they attain the age of 65.
(3) (I) [A] EXCEPT AS PROVIDED IN SUB PARAGRAPH (II) OF THIS
PARAGRAPH , A nonresident of any age must purchase either a nonresident hunting license
or a nonresident 3–day hunting license to hunt in the State.
(II) A NONRESIDENT ATTENDIN G A COLLEGE OR UNIVE RSITY IN
THE STATE MAY PURCHASE A RESIDENT HUNTING LIC ENSE IF THE NONRESID ENT
PROVIDES TO THE DEPARTMENT PROOF THAT THE NONRESIDENT IS E NROLLED AT
A COLLEGE OR UNIVERS ITY IN THE STATE.
(4) Subject to paragraph [(6)] (7) of this subsection, the fees for hunting
AND TRAPPING licenses are according to the following schedule:
(i) Resident, junior, under the age of 16 years ..........[$10.50] $15.00
(ii) Resident, regular, at least 16 years old and under the age of 65
years..................................................................................................................[$24.50] $35.00
(iii) Resident, senior, at least 65 years old ....................................$5.00
(iv) Nonresident, regular, at least 16 years old ......[$130.00] $160.00
(v) Nonresident, junior, under the age of 16 years .........[$65.00] $80.00
(vi) Complimentary license authorized to be issued under § 10–303
of this subtitle................................................................................................................... No fee
(vii) Nonresident 3–day hunting license .........................[$45.00] $65.00 WES MOORE, Governor Ch. 543
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(viii) Resident apprentice ................................................[$10.00] $15.00
(ix) Nonresident apprentice ............................................[$20.00] $40.00
(X) NONRESIDENT TRAPPING LICENSE .............................$50.00
(5) The fees for individual hunting stamps are according to the following
schedule:
(i) Bow and arrow stamp .............................................................$6.00
(ii) Nonresident bow and arrow stamp ......................................$25.00
(iii) Black powder stamp ...............................................................$6.00
(iv) Nonresident black powder stamp ........................................$25.00
(v) Maryland migratory game bird stamp ...................[$9.00] $15.00
(vi) Resident bonus antlered deer stamp ....................................$10.00
(vii) Nonresident bonus antlered deer stamp for each type of deer
hunting season ......................................................................................................[$25] $25.00
(VIII) RESIDENT SIKA DEER ST AMP .......................................$10.00
(IX) NONRESIDENT SIKA DEER STAMP ...............................$25.00
(6) THE FEES FOR FURBEARE R PERMITS ARE ACCORD ING TO THE
FOLLOWING SCHEDULE:
(I) INDIVIDUAL ...................................................................$5.00
(II) GROUP ..........................................................................$50.00
[(6)] (7) The Department shall establish a program to provide discounted
hunting licenses and any associated State–issued stamps or permits to Maryland residents
who are recipients of the Purple Heart Award.
10–308.1.
(a) In addition to any other requirement, a person hunting migratory game birds
in the State first shall purchase a Maryland migratory game bird stamp.
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(b) (1) (I) A person may obtain a Maryland migratory game bird stamp for
a fee of [$9.00] $15.00 from any person designated by the Department.
(II) The issuing person designated shall retain the sum of 75 cents
as compensation for issuing each stamp.
(III) The balance of the fee is paid over and accounted for to the State
Treasurer.
(IV) The Treasurer shall credit all such fees received to the State
Wildlife Management and Protection Fund, in accordance with § 10–209 of this title.
(2) (I) The Department may sell expired stamps below face value to the
general public for a period of 3 years, after which time the Department shall shred any
unsold expired stamps.
(II) All revenues derived from the sale of [these] THE stamps SOLD
UNDER SUBPARAGRAPH (I) OF THIS PARAGRAPH shall revert back to the Game
Management Fund.
(c) While hunting migratory game birds, a person must be in possession of proof
of purchase of the Maryland migratory game bird stamp.
(d) (1) All revenues accruing to the Wildlife Management and Protection Fund
from sales of the migratory game bird stamps shall be expended solely for the following
purposes:
(i) Migratory game bird projects included in an approved State
program to create, develop, enhance, maintain, and manage nesting cover, winter foods,
and other habitat components on public lands to satisfy the habitat requirements of a broad
range of wintering migratory game birds and native migratory game bird species;
(ii) Migratory game bird research, management, and surveys; and
(iii) [Not more than 30% to adopt and implement a program to control
the species Phragmites communis (phragmites) on private lands] MIGRATORY GAME
BIRD PROJECTS THAT CONSERVE MIGRATORY G AME BIRD BREEDING HA BITATS IN
CANADA.
(2) (I) To encourage waterfowl habitat conservation on private lands,
the Department shall implement a 10–year licensing agreement for approved projects on
privately owned lands detailing the landowner’s responsibilities.
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(II) Expenditures by private landowners on private land for these
waterfowl projects approved by the Department and covered by the licensing agreement
shall be considered a contribution to the State.
(3) ON OR BEFORE DECEMBER 1 EACH YEAR, THE DEPARTMENT
SHALL REPORT TO THE GENERAL ASSEMBLY, IN ACCORDANCE WITH § 2–1257 OF
THE STATE GOVERNMENT ARTICLE, ON THE EFFECTIVENESS OF ANY
EXPENDITURES FROM TH E WILDLIFE MANAGEMENT AND PROTECTION FUND FOR
MIGRATORY GAME BIRD PROJECTS U NDER PARAGRAPH (1)(III) OF THIS
SUBSECTION.
[(3)] (E) (1) The Governor shall appoint a Migratory Game Bird
Advisory Committee of 9 members who have a practical knowledge of migratory game bird
habitat conservation, migratory game bird ecology, migratory game bird management, or
migratory game bird hunting.
[(4)] (2) The Committee shall advise the Department on:
(i) Matters relating to expenditures of funds derived from the sale
of Maryland migratory game bird stamps;
(ii) Policy, regulations, and legislation related to migratory game
birds; and
(iii) Migratory game bird habitat conservation projects.
10–410.
(a) (12) Except as provided in paragraphs (8) through (10) AND (13) of this
subsection and subject to paragraph (7) of this subsection, a person may not hunt on Sunday
in:
(i) Baltimore City;
(ii) Baltimore County;
(iii) Howard County; or
(iv) Prince George’s County.
(13) A person may [not] hunt migratory game birds on Sunday.
SECTION 2. AND BE IT FURTHER E NACTED, That:
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(a) On or before December 1, 2023, the Department of Natural Resources, in
consultation with the Department of Agriculture, shall develop a plan to address the
overpopulation of deer in the State.
(b) The plan shall include:
(1) the feasibility of implementing a rotational closure hunting strategy on
State land, including State park system lands and hunting on State land on Sundays;
(2) any legislative, budgetary, or regulatory changes needed to implement
a rotational closure hunting strategy on State–owned land;
(3) subject to subsection (c) of this section, the feasibility of implementing
a rotational closure hunting strategy on locally owned land;
(4) proposals the Department of Natural Resources determines are viable
and effective for addressing the overpopulation of deer in the State; and
(5) suitable uses for any increased federal funding to the State Wildlife
Management and Protection Fund.
(c) The Department of Natural Resources shall consult with local governments
regarding the feasibility of a rotational closure hunting strategy under subsection (b)(3) of
this section.
SECTION 3. AND BE IT FURTHER ENACTED, That if the State Wildlife
Management and Protection Fund or the Department of Natural Resources receives an
increase in federal funds due to the increased fees under § 10–301 of the Natural Resources
Article, as enacted under Section 1 of this Act:
(1) any portion of the increase may be transferred to the Heritage
Conservation Fund for the acquisition of conservation easements or fee simple or other
interests in lands that can be used by the general public for hunting; and
(2) a portion of the increase shall be used for:
(i) the creation of eight Position Identification Numbers for the
Department of Natural Resources to hire staff for the Wildlife Conservation, Education,
and Outreach Program established under Section 1 of this Act; and
(ii) the creation and funding of a farmer cost–share program to
provide funding for farmers to plant forage crops on private agricultural land to:
1. reduce the loss of commercial crops due to wildlife
foraging; and
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2. increase forage habitat for wildlife.
SECTION 4. AND BE IT FURTHER ENACTED, That this Act shall take effect July
1, 2023.
Approved by the Governor, May 8, 2023.