2898

LAWS OF MARYLAND

Ch. 408

vehicle on certain land or animals; altering a certain
time applicable to the casting of artificial light from
a vehicle for the purpose of observing or photographing
wildlife; and making a stylistic change.

BY repealing and reenacting, with amendments,

Article - Natural Resources
Section 10-410(e)
Annotated Code of Maryland
(1974 Volume and 1981 Supplement)

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That section(s) of the Annotated Code of Maryland
read(s) as follows:

Article - Natural Resources

10-410.

(e) (1) A person, or two or more persons together, may
not hunt or attempt to hunt at nighttime any species of wild
bird or wild quadruped with a light, including the
headlights of any vehicle, and a person[, or two or more
persons together,] may not cast the rays of any artificial
light when the rays emanate from a vehicle on any woods,
fields, orchards, livestock, wild animals or birds,
dwellings or buildings. THE PROVISIONS OF THIS PARAGRAPH
ARE INTENDED TO SUBJECT ONLY THE OPERATOR OF A VEHICLE AND
NOT THE OCCUPANTS OF THE VEHICLE TO A PENALTY ON CONVICTION.
The provisions of this paragraph do not apply to the normal
use of headlights of a vehicle travelling on any public or
private road in a normal manner, to any police, emergency or
utility company vehicle using spotlights in the performance
of their duties, or to any farmer or landowner on his own or
leased land using artificial lights to check on his land,
crops, livestock or poultry. However, raccoons, fox, or
opossum may be hunted on foot at nighttime during open
season with the use of a dog or light, or both.

(2) Except in Anne Arundel, Calvert, Allegany,
Garrett, Kent, Caroline, Talbot, Dorchester, Queen Anne's,
Cecil, and Washington counties, a person may cast the rays
of an artificial light from a vehicle on woods, fields,
orchards, livestock, wild animals or birds for the sole
purpose of observing or photographing wildlife [for 2 hours
after sunset, but in no event past] UNTIL 10:00 9:00 p.m.
If a person casts the rays of any artificial light under
this paragraph the person has the burden of establishing
that he was doing so for the purposes of observing or
photographing wildlife. If a person casting artificial
light under this paragraph or anyone with the person casting
artificial light has a firearm or bow in his possession he
shall be presumed to be in violation of [item] PARAGRAPH (1)
of this subsection.