2806

VETOES

FOR the purpose of reclassifying raccoons and opossums
from "fur—bearing mammals" to "forest game birds and
mammals;" altering the statutory authority of the
Department of Natural Resources to promulgate
certain regulations relating to raccoons and
opossums; and generally relating to raccoons and

opossums; and providing [[a]] certain exceptions

[[exception]].

May 17, 1976.
Honorable John Hanson Briscoe
Speaker of the House of Delegates
State House
Annapolis, Maryland 21404

Dear Mr. Speaker:

In accordance with Article II, Section 17 of the
Maryland Constitution, I have today vetoed House Bill
304.

This bill concerns the status of raccoons and
opossum under the Wildlife Title to the Natural Resources
Article. At present, pursuant to sections 10-406(b)(4)
and 10—410(k) of the Natural Resources Article, the
Department of Natural Resources can, by rule and
regulation, regulate the hunting and trapping of raccoons
and opossum, as well as the possession of their pelts and
meat.

House Bill 304 amends section 10—101 to reclassify
these animals from the category "furbearing mammal" to
"forest game bird and mammal". It also amends section
10—406 to (1) repeal the authority of the Department to
adopt rules and regulations governing the trapping,
hunting, and possession of the pelts and meat of raccoons
and opossum, (2) authorize persons to trap these animals
on their own property for certain purposes, (3) exempt
State and private wetlands from the provisions of the
section, and (4) state that the section does not prevent
the Department from implementing any wildlife control
program prescribed by law. The effect of these changes,
when read in conjunction with sections 10—405 and
10—410(k), is to permit the unrestricted trapping of
these animals except on wetlands and to prohibit their
trapping on State and private wetlands.

I am advised by the Department of Natural Resources
that raccoons and opossum are a major predator of
waterfowl through their destruction of nesting areas, and
are also capable of doing substantial damage to crops and
farm animals. The Department believes, therefore, that
unless their population is controlled, not only will
unnecessary property damage result, but the ecological
balance in large areas of the State will be upset.