2022 Session of the Maryland General Assembly
Seasoned veterans of the 90-day Legislative Session in Annapolis will tell you the first third of Session is about comradery and bill introduction, the second third is about hearing from the public and the final third is about decision-making. The latter one third is always contentious because lawmakers take their job seriously and want to do the right thing…as they view things.
As of this writing, the 2022 Session of the Maryland General Assembly is in the second third of the Session. In many ways, this is the most difficult time of the 90-day Session for any individual or organization with a vested interest in a policy outcome. Both verbal and written testimony – be it for or against – must be factually and convincingly submitted. And, there are absolutely no assurances of a desired outcome, no matter how seemingly “right” in the eyes of the advocate.
The HUNTERS OF MARYLAND find themselves embroiled in many “contentious” issues as we enter this second third of the 2022 Session. One need not be a seasoned veteran to recognize that any hunting-related issue will be “contentious” because they are “consumptive” in nature for the most part, aka, taking of wildlife.
Compounding the legislative environment in Annapolis is the fact that probably 10 or so lawmakers – out of 188, 47 Senator + 141 House Delegates – hunt. The remainder probably have never been afforded the opportunity to be afield – see herein the January 27, 2022 “Camaraderie Afield” – or even heard of the American System of Conservation Hunting, thus, it should come as no surprise that securing their support can prove to be an uphill climb.
It's the mission, among other things, of the HUNTERS OF MARYLAND to serve as the last line of defense in safeguarding the tradition and legacy of hunting in Maryland. And we take pride in this noble mission. No need to speak of prior pro-hunting policy accomplishments so let’s speak now to those issues in Annapolis currently facing Maryland’s hunting community.
Nighttime Shooting of Deer: The farming community has permission now to kill deer 365, including Sundays, if DNR grants them a Deer Management Permit. DNR can also grant Deer Cooperator and Agricultural Deer Cooperator permits which allow these individuals to kill deer at night from February 1 through March 31.
This is not enough. They want more.
House Bill 1067 has been introduced by the Honorable Dana Stein in a good faith effort to strike an equitable balance between landowners, who need specialized deer management control tools, and conservation-minded hunters who are mindful of extirpation.
House Bill 1067 would accomplish the following by law: (1) recognize that certain individuals are deserving of special permits to take deer outside the recreational hunting season; (2) grant a 2-month period in which certain individuals, duly permitted by DNR on a case by case basis, can take deer at night; (3) ensure that no Administration, incumbent and/or future, can issue nighttime deer shooting permits via the regulatory process not unlike that permitted under the incumbent Administration these last 3 years; and (4) impose stringent reporting requirements to the General Assembly by DNR concerning the purpose, intent and outcome attendant to the issuance of these special nighttime deer shooting permits…true transparency and accountability which are not required under existing law.
The farming community will oppose. And the HUNTERS OF MARYLAND will support.
“Legalized Jacklighting” – how else better can it be phrased -- cannot be tolerated beyond definitive parameters and only relied upon as an absolute last resort. House Bill 1067 accomplishes this 2-fold purpose and more.
https://mgaleg.maryland.gov/2022RS/bills/hb/hb1067F.pdf
Liability Protection for Landowners re Hunting: A recent Court of Special Appeals Ruling – see link below – threw out what many of us thought was landowner liability protection; that is, when the landowner grants “public” access to his/her property and an injury ensues. Given the Court’s ruling, there exists widespread, grave uncertainty about liability protection afforded landowners, especially when they grant access – for cost or no cost – for hunting.
Senate Bill 582/House Bill 956 would solve this dilemma. Clearly, one can see the importance of this bill’s passage and enactment, the latter requisite of the Governor’s signature into law.
Below is a link to the bill itself along with the April 29, 2020 court ruling and an explanation of the ruling in laymen’s terms.
https://mgaleg.maryland.gov/2022RS/bills/sb/sb0582F.pdf
https://law.justia.com/cases/maryland/court-of-special-appeals/2020/2374-18.html
https://www.agrisk.umd.edu/post/maryland-appellate-court-finds-party-on-landowner-s-property-not-covered-by-recreational-use-statute
Local Sunday Hunting Bills: There are several local Sunday hunting bills pending consideration in Annapolis. Most of these bills were introduced during the 2021 Session, passed the House of Delegates but failed in the Senate Education, Health and Environmental Affairs Committee. Why? In a word, politics. Nothing to do with merit. As mentioned, it becomes most challenging – being charitable here -- during the final one third of Session, especially when you’re on the consumptive side of the policy table, so the HUNTERS OF MARYLAND anticipate and brace for the maelstrom.
One can reasonably imagine that most, if not all, these local Sunday hunting bills will pass this Session with an exception or two. And it is notable to point out a simple fact about these bills: all of them – with one exception, the Prince George’s bills (Senate Bill 233/House Bill 874) – currently allow some form of designated Sunday hunting, mainly for deer on private lands. “Designated” denotes those counties statutorily guaranteed specific hunting days. The shift within these counties is to move away from guaranteed legal Sunday hunting days in exchange for additional Sunday hunting with more species to be hunted, primarily squirrels, rabbits and quail (waterfowl excepted), via the annual regulatory process.
There is a hidden concern associated with this shift that few contemplate. What if a future, anti-hunting Administration decides not to support Sunday hunting through regulation for the following season? Then what? Let’s hope that never happens.
All of these local Sunday hunting bills have undergone “local” scrutiny; meaning, proposals have emanated from within their jurisdiction and approved by the local governing body. Only with such approval will (1) the jurisdiction’s Delegation to Annapolis introduce the legislation for consideration by the full General Assembly, whose approval must be secured to become law; and (2) the standing committee of jurisdiction within the Senate (Senate Education, Health and Environmental Affairs Committee) and the House (House Environment and Transportation Committee) will refuse to allow a public hearing without this local statement of support.
Sunday Waterfowl Hunting: Legislation has been introduced to authorize Sunday hunting of waterfowl, as it was in 2019 but failed. Proponents argue they want the day to accommodate family life. Opponents argue the Atlantic Flyway, especially Atlantic Population “AP” Canada geese within the Flyway, has a comparatively insufficient number of waterfowl to the other Flyways to warrant such added pressure With respect to AP Canada geese, Canada for the third consecutive year, courtesy of COVID, has denied USFW access to its norther borders to survey the breeding grounds, aka, biological assessment of overall bird population, breeding pair numbers and gosling production.
These two schools of thought will collide this Session. The outcome is uncertain as of this writing.
https://mgaleg.maryland.gov/2022RS/bills/sb/sb0160F.pdf
50 Yard Archery Safety Zone: §10-410 of the Natural Resources Article (Maryland Annotated Code) authorizes a 50-yard archery safety zone for hunting within 8 counties at this time: Calvert, Carroll, Cecil, Frederick, Harford, Montgomery, St. Mary’s and Washington. The HUNTERS OF MARYLAND are working with lawmakers representing these other local governments – in cooperation with the Maryland Bowhunter’s Society – to expand the number of counties authorized under §10-410.
With an ever-expanding population coupled with denser deer herds in proximity, the use of firearms for deer control is becoming a public safety issue. The citizenry’s enhanced acceptance of archery hunting is heartening and the HUNTERS OF MARYLAND are confident that more counties will join the existing 8 in years to come. Remember: only the General Assembly can authorize a change to §10-410 based upon requests from local governments.
IN THE FINAL ANALYSIS, the HUNTERS OF MARYLAND will be on patrol until adjournment of the 2022 Session doing its 24/7 best to safeguard the policy-related tradition and legacy of hunting from those who do not understand, agree or refuse to even listen to our side.
