You asked how many states have adopted “no net loss” laws to ensure that public lands available for hunting and fishing are not diminished.

SUMMARY

Eight states (Arkansas, Florida, Georgia, Illinois, Louisiana, Maryland, Mississippi, and West Virginia) have passed “no net loss” laws. The provisions of these laws are quite similar. In most cases, they provide that (1) certain state owned or managed lands be open to access and use for recreational hunting; and (2) state public land management decisions and actions should result in no net loss of land area available for hunting on these lands. They also require that the state agency responsible for hunting submit a report regarding areas that have been closed to recreational hunting, the reasons for the closures, and areas that were opened to recreational hunting to compensate for those areas that were closed. The Louisiana law also addresses fishing.

ARKANSAS

Ark. Rev. Code § 15-41-304 requires that, subject to valid existing rights, lands by the state Game and Fish Commission be open to access and use for recreational hunting except as limited by the commission for reasons of public safety or homeland security or as otherwise limited by law.  It requires the commission to exercise its authority in a manner to support, promote, and enhance recreational hunting opportunities to the extent authorized by law.   To the greatest extent practicable, commission land management decisions and actions may not result in any net loss of land acreage available for hunting opportunities on commission-managed lands that existed on August 12, 2005.  But, the law does not require the commission to give preference to hunting over other uses of commission-managed lands or over land or water management priorities established by state law.   These provisions do not apply to commission-owned lands under contract to private persons or entities.   They also do not compel the opening to recreational hunting of national parks or national monuments administered by the National Park Service.  

The law also requires the commission to report to the legislature the acreage administered by the commission that has been closed or opened during the previous year to recreational hunting and the reasons for any closures.  

FLORIDA

Fla. Stat. Section 372. 0025, requires that lands managed by the Fish and Wildlife Conservation Commission be open to access and use for hunting except as limited by the commission for reasons of public safety, fish or wildlife management, or homeland security or as otherwise limited by law. It requires the commission to exercise its power in a way that supports, promotes, and enhances hunting opportunities to the extent authorized by state law. Commission land management decisions and actions, including decisions made by private owners to close hunting land managed by the commission, cannot result in any net loss of habitat land acreage available for hunting opportunities on commission-managed lands that existed when the act was passed. The law requires the commission to expeditiously find replacement acreage for hunting to compensate for closures of any existing hunting land. The replacement lands must, to the greatest extent possible, be located within the same region and be consistent with the types of hunting that the commission allowed on the closed land.

State agencies and water management districts that own or manage

lands must help the commission to allow hunting on their lands if the commission determines that they are suitable for hunting. To ensure no net loss of land acreage available for hunting, agencies and water management districts must cooperate with the commission to open new, additional hunting lands to replace lost hunting acreage. But, lands designated as units within the state park system may not be considered for replacement hunting lands and may only be opened for hunting when necessary as a wildlife control or management tool as determined by the Division of Recreation and Parks.

GEORGIA

Under Ga. Code Ann. § 27-1-3 land management decisions and actions by the Department of Natural Resources may not result in any net loss of land acreage available for hunting on department-managed state-owned lands that existed on July 1, 2005.

ILLINOIS

Under 520 Ill. Code § 30/10, subject to valid existing rights, all land managed by the Department of Natural Resources must be open to access and use for recreational hunting except as limited by the department for reasons of public safety, fish or wildlife management, or homeland security, or as otherwise limited by law. The law requires the department to exercise its authority in a way to support, promote, and enhance recreational hunting opportunities, to the extent authorized by state law. Department land management decisions and actions may not, to the greatest practical extent, result in any net loss of land acreage available for hunting opportunities on department-managed lands that existed as of January 1, 2005. However, the department is not required to give preference to hunting over other uses of department-managed lands or over land or water management priorities established by department regulations or state law.

The law requires the department to submit an annual report to the legislature describing the acreage administered by the department that was closed during the previous year to recreational hunting and the reasons for the closures; and the acreage opened to hunting to compensate for these closures.

LOUISIANA

La. Rev. Stat. § 41: 16 requires the commissioner of administration to exercise his authority to manage public lands in a way to support, promote and enhance public hunting, fishing, and recreational opportunities to the extent authorized by law.  The commissioner must recognize, to the extent authorized by law, hunting, fishing, and recreational opportunities as primary uses of public lands that are available for such purposes.  The commissioner must make land management decisions based on criteria that include public hunting, fishing, and recreational opportunities as a primary consideration.

The law requires the commissioner to submit an annual report to the legislative natural resources committees listing of all acreage he manages available for public hunting, fishing, and recreational opportunities and a listing of all acreage that was lost or gained for such purposes.

MARYLAND

Md. Rev. Code § 10-212 requires the Department of Natural Resources to keep land it manages open for hunting unless it determines that the land must be closed for reasons of public safety, fish or wildlife management, or homeland security, or as otherwise required by law. The department must manage land under its authority to (1) support, promote, and enhance hunting opportunities to the extent authorized under state law; and (2) prevent, to the greatest practical extent, any net loss of acreage available for hunting opportunities on land managed by the department. The department must report annually to the legislature describing the land that is open to hunting, the amount of land closed to hunting, and the land that the department has opened to hunting in compensation.

MISSISSIPPI

Miss. Code ch. 5, tit. 49 requires, subject to existing rights, lands managed by the Commission on Wildlife, Fisheries and Parks to be open to access and use for recreational hunting except as limited by the commission for reasons of public safety, homeland security, or as otherwise limited by law. It requires the commission to exercise its authority to manage lands in a manner to support, promote and enhance recreational hunting opportunities to the extent authorized by law. To the greatest practicable extent, commission land management decisions and actions may not result in any net loss of any acreage available for hunting opportunities that existed on July 1, 2006. However, the commission is not required to give preference to hunting over other uses or priorities established by state law.

The law requires the commission to submit an annual report to the chairmen of the legislature's wildlife committees describing the acreage managed by the commission that (1) has been closed to recreational hunting during the previous year and the reasons for the closures; and (2)  the acreage managed by the commission that was opened to recreational hunting to compensate for the closed acreage.

WEST VIRGINIA

W. V. Code Ann. § 20-1-10 opens, subject to valid existing rights, wildlife management area lands owned by the Division of Natural Resource to access and use for recreational hunting and shooting except as limited by the division for reasons of public safety, fish and wildlife management, homeland security, or as otherwise limited by law. The law requires the division to exercise its authority to support, promote and enhance recreational hunting and shooting opportunities, to the extent authorized by statute. The law requires the division to give preference to hunting and shooting over other uses of division owned wildlife management area lands. Division land management decisions and actions may not result in a net loss of habitat land acreage available for hunting and shooting opportunities on wildlife management area lands that it owned on June 11, 2006.

The law requires the division to report annually to the governor and the Joint Committee on Government and Finance on the acreage administered by the division that (1) has been closed during the previous year to recreational hunting and the reasons for the closures; and (2) was opened to recreational hunting to compensate for that acreage.

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