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H.B. 69 VETOES
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obtaining a stationary blind or blind site license for riparian shoreline did cast doubt
on the rights of out-of-state riparian owners to obtain this license; and
WHEREAS, In the process of transferring blind site licensing authority from the
clerks of court to the Department of Natural Resources, Chapter 703 of the Acts of
1999 added an express prohibition on the blind site licensing of nonresident riparian
owners adjacent to the Potomac River; and
WHEREAS, In its September 7, 2001 review of this issue, the Office of the
Attorney General of Maryland found that, under the Privileges and Immunities
Clause of the U. S. Constitution, the denial of shoreline licensing rights solely to
out-of-state residents has an unconstitutional effect on the commercial rights of
these individuals; and
WHEREAS, The tidal portion of the Potomac is bordered by Virginia and
Maryland, and its shoreline is well suited to licensing stationary blinds and blind
sites; and
WHEREAS, The nontidal portion of the Potomac is bordered by Virginia, West
Virginia, and Maryland, and the vast majority of this Maryland shoreline is owned by
the federal government and is, therefore, unavailable for shoreline licensing; and
WHEREAS, What little of the nontidal Potomac shoreline in Maryland that is
not federally owned consists of both mainland shoreline and islands; and
WHEREAS, Given the statutory authorization of hunting wild waterfowl from a
boat that is drifting or being sculled, also known as "sneak boating", in the nontidal
waters of the Potomac River under § 10-605(a) of the Natural Resources Article, the
mainland shoreline is not appropriate for the establishment of stationary blinds or
blind sites; and
WHEREAS, The island shoreline, which is better suited for the establishment of
these blinds and blind sites, is an area for which shoreline licenses are already issued;
and
WHEREAS, The General Assembly seeks to address prior oversights in the law
regarding the shoreline licensing rights of nonresidents and to correct this
inadvertent discrimination to the fullest extent possible, while recognizing the
limitations operative on the mainland portion of the State shoreline that is adjacent
to the nontidal Potomac River; and
WHEREAS, The General Assembly hereby provides for the equal treatment of
residents and nonresidents in the licensing of stationary blinds and blind sites along
the Potomac shoreline in Maryland by authorizing the issuance of these licenses
along shoreline that is adjacent to the tidal waters of the Potomac River, as well as on
the island shoreline that is adjacent to the nontidal waters of the Potomac, and by
prohibiting the issuance of licenses along the mainland shoreline that is adjacent to
the Potomac's nontidal waters; now, therefore,
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That the Laws of Maryland read as follows:
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- 4956 -
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