In this subtitle the following words have the meanings indicated. “Civilian classification” means the position held by a civilian employee. “Civilian employee” means an employee of the Natural Resources Police Force other than a Natural Resources police officer. “Commissioned rank” means the ranks of Lieutenant, Captain, Major, and Lieutenant Colonel. “Commissioned rank” does not include the Secretary. “Grade” means the status of Natural Resources police officers who have the same primary areas of duty and responsibility within a rank. “Natural Resources police officer” means an employee of the Natural Resources Police Force to whom the Secretary assigns police powers under § 1–204 of this subtitle. “Noncommissioned rank” means a rank other than a commissioned rank. “Noncommissioned rank” does not include the Secretary. “Rank” means the status, established by rule, of police employees who have the same relative position in the chain of command. “Rule” means a rule, an order, or any other directive adopted by the Secretary under this subtitle. “Rule” does not include a regulation within the meaning of Title 10, Subtitle 1 of the State Government Article.

The General Assembly finds that: The consumptive nature of an expanding population poses a clear and present threat to the long–term viability of the fisheries and wildlife of the State; An increased understanding by citizens of the intrinsic value of the fisheries and wildlife of the State will help to ensure the perpetuation of these coveted natural resources for the benefit of future generations; The responsibility for protecting the natural resources of the State is vested in the Natural Resources Police Force within the Department; Budgetary reductions attributable to a lingering economic recession have reduced the number of conservation law enforcement personnel to the measurable detriment of the natural resources of the State; Entrusting the enforcement of State conservation laws to the Natural Resources Police Force, coupled with increasing the homeland security responsibilities of the Natural Resources Police Force, requires an investment that is commensurate with the level of protection the public considers appropriate; A diminishing enforcement presence on land and on the waterways correlates to an increasing number of violations of State conservation laws and an erosion of the protections afforded to citizens by the public trust doctrine, which sets forth the responsibility of the government to administer, protect, manage, and conserve fish and wildlife; and The prevalence of violations of State conservation laws presents a significant problem that warrants an enhanced investment in conservation law enforcement by: Increasing the presence of Natural Resources Police Force personnel on land and on the waterways through the use of present and future revenue sources; and Ensuring that the Natural Resources Police Force is properly equipped with the equipment, vehicles, and boats necessary to comply with its statutory mandate.

There is a Natural Resources Police Force in the Department that serves as a public safety agency with statewide authority to enforce conservation, boating, and criminal laws. The responsibilities of the Natural Resources Police Force include: Providing maritime and rural search and rescue services; Providing public education in hunting, boating, and water safety; Providing primary law enforcement services for State parks, State forests, wildlife management areas, and public lands owned and managed by the Department; and Serving as the lead agency for maritime homeland security on State waterways.

The Secretary is responsible for the enforcement of all natural resource laws of the State, including any rules and regulations adopted pursuant to this article.

The Secretary shall, within the limits of any appropriation made for this purpose, appoint Natural Resources police officers as the Secretary deems necessary for the efficient administration of the Natural Resources Police Force. Each appointee to the Natural Resources Police Force shall have the character, education, and other qualifications established by the Secretary under this subtitle. When the Department advertises for or recruits new Natural Resources police officers, the Department shall include advertising that is targeted toward racial and ethnic communities or other individuals who are underrepresented in the Natural Resources police workforce, including advertising in newspapers or on radio stations whose primary audience is the underrepresented communities and individuals. The Secretary may contract with an outside vendor to assist in carrying out subparagraph (i) of this paragraph. The Secretary shall issue to each person appointed as a Natural Resources police officer a commission and badge stating “Natural Resources Police Officer”. Except when on detective duty, every Natural Resources police officer shall wear in plain view a “Natural Resources Police Officer” badge when acting in an official capacity. The badge is property of the State, and upon the termination of a commission of any Natural Resources police officer, it shall be returned with the commission to the Secretary. All Natural Resources police officers, including persons appointed for training prior to regular assignment as a Natural Resources police officer, shall remain in a probationary status for a period of 2 years from the date of initial appointment to the Natural Resources Police Force. The Secretary may discharge an employee in probationary status for any cause which is deemed sufficient in the sole discretion of the Secretary. In cases of inconsistency between this subtitle and the provisions of the State Personnel and Pensions Article, the provisions of this subtitle shall control as to all matters relating to the Natural Resources Police Force. Except as expressly provided in this subtitle, the State Personnel and Pensions Article does not apply to or affect the compensation, rank, grade, or status of Natural Resources police officers. Except as expressly provided in this subtitle, the compensation, civilian classification, and status of civilian employees of the Natural Resources Police Force shall be determined in accordance with the State Personnel and Pensions Article. The Natural Resources Police Force shall take all necessary actions to pursue diversity within its sworn and civilian ranks so that it reflects the demographics of the State to the extent practicable, including: Expanding and diversifying the Maryland Natural Resources Police Academy applicant pool by: Strengthening the Natural Resources Police Cadet Program; and Increasing recruiting efforts at historically black colleges and universities; and Establishing a diversity study group to: Review departmental recruitment procedures; Identify barriers to diverse employment within the ranks of the Natural Resources Police Force; and Propose corrective actions. The Natural Resources Police Force shall develop an action plan to diversify its workforce based on recommendations by the diversity study group established under paragraph (1) of this subsection. The Secretary shall ensure that all hiring and promotion is consistent with the action plan developed under this subparagraph. The Department shall: Publish the action plan developed under this subparagraph on its website; and At least every 3 years, evaluate and update the action plan developed under this subparagraph. On or before December 1, 2022, the Natural Resources Police Force shall report to the General Assembly, in accordance with § 2–1257 of the State Government Article, on the action plan required under subparagraph (i) of this paragraph, including: Specific and measurable goals for achieving diversity among its sworn and civilian employees, including a date or dates by which the Natural Resources Police Force shall meet the goals; A demographic breakdown of the following for the Natural Resources Police Force for the immediately preceding 3 calendar years: Sworn and civilian employees; Attrition rate; Managerial and leadership positions; Maryland Natural Resources Police Academy classes; and Disciplinary action for sworn and civilian employees; A plan to promote diversity among managerial and leadership positions; The frequency with which the Natural Resources Police Force offers diversity– and implicit bias–related training to its sworn and civilian employees and in Maryland Natural Resources Police Academy classes; A plan to address implicit bias among its sworn and civilian employees; A plan to promote diversity in recruitment and retention efforts, including efforts to recruit from historically black colleges and universities; The number of reported incidents of racially insensitive behavior in the immediately preceding 3 calendar years; and Current disciplinary policies related to improper social media usage and otherwise racially insensitive or otherwise discriminatory actions, and plans to strengthen these policies in the future.

In this section, “obsolete rank” means a rank designated by the Secretary to which no further promotions will be made. The Secretary shall make all promotions. Promotion to a rank shall be made in the manner required by rule. For a noncommissioned rank that has fewer than 25 Natural Resources police officers, the Secretary by rule may direct that it is unnecessary to fill the noncommissioned rank for purposes of promotion. This paragraph does not apply to a rank that requires technical knowledge. Except as provided in subsection (d) of this section, a Natural Resources police officer may not be appointed or promoted to a rank unless the officer: Is bypassing an obsolete rank and currently fills the rank immediately below the obsolete rank; or Has filled the rank immediately below the rank to which the officer is to be promoted. Notwithstanding any other provision of law, the Secretary may appoint without examination: A Natural Resources police officer who holds a commissioned rank to the rank of Major; and A Natural Resources police officer who holds a commissioned rank of not less than Captain to the rank of Lieutenant Colonel. A Natural Resources police officer appointed in accordance with this subsection continues to serve at the pleasure of the Secretary. Notwithstanding any other provision of law, on termination of an appointment under this subsection, the Natural Resources police officer may: Return to the rank held before the appointment; or Be promoted to a higher rank to which the officer became eligible for promotion during the appointment. An incumbent Natural Resources police officer in an obsolete rank remains in that rank until promoted, demoted, retired, or terminated. Promotions of civilian employees of the Natural Resources Police Force shall be made in accordance with the State Personnel and Pensions Article.

In addition to any other powers conferred by this title, the Secretary and every Natural Resources police officer shall have all the powers conferred upon police officers of the State. These powers may be exercised anywhere within the State. The Natural Resources Police Force specifically is charged with enforcing the natural resource and conservation laws of the State. Every Natural Resources police officer appointed under § 1–203 of this subtitle shall perform duties the Secretary designates. Any law enforcement employee of the Department of Natural Resources who works overtime for any reason, whether or not the employee receives monetary payment for that overtime work, shall be considered to be employed by this State during those hours for purposes of all other employee entitlements.

If a Natural Resources police officer apprehends a person for violating any law punishable as a misdemeanor, the officer may prepare a written or electronic citation containing: A notice to appear in court; The name and address of the person charged; Relevant license numbers, if any; The offense charged; The time and place the person shall appear in court; An acknowledgment of receipt of the citation by the person charged made in a manner determined by the Department; and Other pertinent information required by the Secretary. The person charged may promise to appear in court by acknowledging receipt of the citation prepared by the officer in a manner determined by the Department. If the person charged acknowledges receipt of the citation, the officer is not required to take the person into physical custody for the violation unless: The person charged does not furnish satisfactory evidence of identity; or The officer has reasonable grounds to believe the person charged will not appear. A person may not fail to comply with a notice to appear in a citation issued under this section unless: Sufficient collateral for the offense is posted; The fine is paid in advance of trial; or The person is represented by counsel in court. If a person fails to comply with the notice to appear in a citation issued under this section, the court may: Except as provided in paragraph (4) of this subsection, issue a warrant for the person’s arrest; or After 5 days, notify the court’s clerk of the person’s noncompliance. On receipt of notice of noncompliance from the court, the clerk shall notify the person by mail at the address indicated on the citation that a warrant for the person’s arrest may be issued by the court unless, by the end of the 15th day after the date on which the notice is mailed, the person: Pays the fine on the original charge as provided for in the original citations and a fine of $100 for failing to appear; or Posts bond or a penalty deposit and requests a new trial date. If a person fails to pay the fines or post the bond or penalty deposit under paragraph (2) of this subsection, the court may issue a warrant. When the original offense is not punishable by incarceration, a warrant may not be issued for the person under this subsection until 20 days after the original trial date.

A person may not willfully fail or refuse to comply with any lawful or reasonable order or direction of any Natural Resources police officer or any law enforcement officer in connection with the enforcement of any provisions of law required to be enforced by the Secretary or the Department.

A person may not falsely represent himself as being a Natural Resources police officer, with fraudulent design upon person or property, or to have, use, wear, or display, without authority of the Secretary, any uniform, shield, button, ornament, or shoulder patch of the Department, or to have any simulation or imitations of these articles for the purpose of deception.

Every sheriff and law enforcement officer has the powers of a Natural Resources police officer. Whenever the Secretary or any Natural Resources police officer requires the advice and assistance of the State’s Attorneys, sheriffs of the several counties of the State or Baltimore City, or any law enforcement officer, these officers shall render the required assistance as in other State cases. The provisions of this section do not apply to the Sheriff of Baltimore County.

Any person who violates any provision of this subtitle is guilty of a misdemeanor. Upon conviction, the person is subject to a fine not exceeding $500, or imprisonment not exceeding three months, or both, with costs imposed in the discretion of the court. Any violation of any rule or regulation, or restriction promulgated pursuant to the provision of this subtitle, is a misdemeanor and is punishable as provided in subsection (a) of this section.

When, in the opinion of the legally constituted authorities of Maryland, there has occurred on the waters of Maryland a violation of this article, or when, in the opinion of the legally constituted authorities of Virginia, there has occurred on the waters of Virginia a violation of the laws of Virginia enforceable under § 28.2-900, Code of Virginia, the legally constituted authorities of the state in which the offense was committed may pursue the offender up to and across the Maryland-Virginia Boundary into the state in which the offender flees. If a capture is made in continuous pursuit under the authority of paragraph (1) of this subsection, the offender, vessel, and property shall be dealt with as authorized by the laws of the state in which the offense was committed. This section shall be in effect for so long as the Commonwealth of Virginia has in force similar legislation authorizing legally constituted authorities of Maryland to pursue and make arrests in Virginia for violations of the Laws of Maryland.

On or before September 30 each year, the Department shall report to the Governor and, in accordance with § 2–1257 of the State Government Article, the General Assembly on information for the immediately preceding fiscal year relating to the enforcement of natural resources and conservation laws. The report submitted under subsection (a) of this section shall include: The following information on a statewide basis: With respect to the enforcement of State conservation laws: The total number of inspections conducted, including the total number of inspections conducted per Natural Resources police officer; The total number of citations and warnings issued; and The total number of violations that led to a conviction; With respect to the enforcement of the State Boat Act, the total: Number of inspections; Number of citations and warnings issued, including operating–under–the–influence citations; and Number of boating accidents, including the total number of fatalities and total dollar amount of resulting property damage; and With respect to activities reported to the Maryland Wildlife Crime Stoppers, the total number of: Reported incidents, including the total number that led to formal charges and, if applicable, convictions; and Rewards of financial compensation distributed, including the total dollar amount distributed; and For each of the Eastern Region, Southern Region, Western Region, and Central Region, the following information: The total number of inspections relating to each of the following: Commercial fishing; Recreational fishing; Crabs; Oysters; Game and wildlife; and Boating; and The total number of: Oyster citations and warnings issued; Operating–under–the–influence citations issued; and Boating accidents, including the total number of fatalities and the total dollar amount of resulting property damage.