Has anyone seen Maryland’s Recreational Use Statute?
Doing some research this week on liability concerns on private lands, I came across several documents that pointed to Maryland’s Recreational Use Statute. Most states have a recreational use statute that protects landowners from liability when they allow the public to enter their land for recreational activities.
Online resources point to the statute’s existence in the Code of Maryland Regulations. For example, in “Landowner Liability and Recreational Access,” by Jonathan Kays of the University of Maryland Cooperative Extension, it states:
The purpose of Maryland’s recreational statute, first enacted in 1957 and thereafter amended, is clearly highlighted in Title 5, Subtitle 11 of the Natural Resources Article of the Maryland Annotated Code, entitled “Public recreation on private land.” The statute (Annotated Code of Maryland, Natural Resources Article, Title 5-1102) clearly states the purpose of Subtitle 11:
“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 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.”
Kays’ document was last revised in June 2008. So I wanted to make sure the statute still contained the same language. So I looked up COMAR online and tried to find the statute.
Department of Natural Resources’ code is now in Title 8, and Subtitle 11 is now listed as Vacant.
So it appears the statute no longer exists, which I definitely would like to confirm.
So I emailed Mr. Kays and he referred me to his dated document. No help there. I emailed the DNR’s Director of Communications, Stephen Schatz, twice. His first response was: “Let me check with the team.” That was on Monday, Nov. 14. Since I did not hear anything further from him, on Wednesday, Nov. 16, I emailed again. I have not heard back.
So, I emailed Del. Jacobs’ office. I haven’t heard anything from him either.
I’m just trying to confirm if the recreational use statute still exists in Maryland. If you can confirm its exis- tence or non-existence, please email me (email@example.com). I will greatly appreciate your time and effort.
Recreational Statute update A big thanks to Louis Wright who advised me that in Maryland there are two places that you have to look to find the various rules that govern activities in the state. The first is the Maryland Code (Code), which are the laws that the legislature makes that are compiled by subject matter into volumes. The second place is the Code of Maryland Regulations (COMAR) that contains regulations that the various state agencies make, organized by agency.
Recommended sites point to lexisnexis.com and govt.westlaw.com, but they are commercial Web sites and may not be current.
Subsequent searches found the statute listed on mgaleg.maryland.gov under Statutes.
Some good eatin’ Author, blogger, and chef Hank Shaw returns to Washington College on Saturday, Dec. 3, to talk about his new book
Buck, Buck, Moose, and to discuss the best ways to prepare that deer you bagged, or will bag, for your table. Following his talk he will demonstrate how to prepare underutilized parts of a deer, and he’ll be on hand to sign copies of his book.
The event, at 3 p.m. in Litrenta Hall, is free and open to the public.
This will be Shaw’s second visit to Washington College, following his talk in April 2015 that was based on his first cookbook, Hunt, Gather, Cook: Finding the Forgotten Feast.
His website/blog, the Hunter Angler Gardener Cook, won Best Food Blog by the James Beard Foundation in 2013 and was nominated in 2009 and 2010. He also won the Bert Greene Award from the International Association of Culinary Professionals for Best Food Blog in both 2010 and 2011. For more info on Shaw’s work, visit http:// honest-food.net/.
* * * Fishing report Striped bass are spread throughout the upper Chesapeake Bay region with some of the larger fish being found along channels such as the Craighill Channel near the mouth of the Magothy and the edge of the Dumping Grounds. Anglers are troll-
ing deep with heavy inline weights and medium-sized bucktails to cover a wider area to find the larger stripers that tend to be in isolated pockets at times. Other times, they can be found en masse suspended, which can provide some good jigging action with metal or soft plastic jigs.
White perch are also part of the mix in the upper bay and can be found holding deep at the mouths of the major tidal rivers. A two-hook bottom rig tipped with pieces of bloodworms or dropper flies over a sinker are a great way to stock up on some nice white perch. A depth finder is an invaluable tool this time of the year for locating fish that are holding deep. Perch are also stacking up near the rock piles at the Bay Bridge and usually they’re big ones mixed in with rockfish.
South of the Bay Bridge, small rockfish are working on schools of bait exiting the tidal rivers and moving down the bay swept along by tidal currents. Getting a legal 20-inch fish often requires either working deep underneath the surface action or around the perimeters of the smaller fish. Sometimes you have to leave fish to find fish, which seems to go against common sense, but it can pay off with finding some keepers. The larger stripers are looking for menhaden and small white perch and soon river herring and hickory shad will be flowing out of the Choptank.
The channel edges near Thomas Point, Kent Island, the mouth of Eastern Bay, off Chesapeake Beach, the False Channel, and the mouths of the Little Choptank, West River, and the Severn are all good place to check.
Freshwater fishing has moved into a late fall phase where many species continue to feed heavily as water temperatures drop into the low 50’s in most areas. Largemouth bass are moving to slightly deeper waters. The deeper areas between the normal summer habitat and the deepest areas of lakes and tidal rivers offer great places for bass to ambush crawfish and small bait fish leaving the deteriorating grass beds and cooler waters looking for refuge in deep structure for the winter months. Hair jigs, plastic craws, spinnerbaits, jerkbaits, crankbaits, and grubs are all good choices to work these transition water depths.
On the Atlantic Coast, surf anglers are anxiously waiting for the first large fall striped bass migrants to pass through our area. Nearshore fishing for tautog and sea bass has been very good. Anglers targeting sea bass are catching limits of nice fish along with some mediumsized bluefish and flounder.
*** Duck blind know-it-all A flower may contain up to four whorls or arrangements of parts: carpels, stamens, petals, and sepals.