Contact FisheriesFISHERIES SERVICE: Scoping of Possible Regulations
The information provided on this webpage refers to possible regulations or issues which have not yet been proposed. Any text posted on this webpage is not official regulatory text and is subject to change prior to publication in the Maryland Register. The purpose of posting this text is to make the public aware of issues the Department is considering addressing and to elicit public feedback on these ideas. Receiving comments provides the Department with invaluable information and perspectives that may be incorporated into content or editorial changes. Please limit feedback to the changes specified below. We appreciate your time and your commitment to Maryland's natural resources. If you have questions regarding the proposed regulations, please e- mail them to the Regulatory Staff.
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Possible Regulations for 2013
Possible Regulations 2012
Menhaden
On December 14, 2012 the Atlantic States Marine Fishery Commission adopted Amendment 2 to the Atlantic Menhaden Fisheries Management Plan establishing a coast wide Total Allowable Catch (TAC) to reduce harvest of Atlantic Menhaden. The TAC is divided into state by state quotas, with each state being responsible for establishing management measures and harvest monitoring capabilities to stay within their quota. There currently is no Maryland specific or Chesapeake Bay FMP for Atlantic menhaden. Therefore, in order for Maryland to be in compliance with the management measures in Amendment 2 in a timely manner, Atlantic menhaden needs to be declared a species in need of conservation to promulgate regulations for the species. The regulations would allow the Department to set an annual commercial quota for Atlantic menhaden, set trip limits, set bycatch limits and impose new reporting requirements for commercial fishermen landing Atlantic menhaden.
Public Scoping Meetings:
April 9 at 6:00 pm at Sailwinds Park in Cambridge, Maryland
April 24 at 6:00 pm at Calvary United Methodist Church, 301 Rowe Blvd., Annapolis, Maryland
The public comment period closes at 4:00 p.m. on April 26, 2013. If you would like to submit written comment, please email: fisheriespubliccomment@dnr.state.md.us
Summer Flounder — 2013 Options for Recreational Fishery
The Department intends to propose regulations in 2013 that expand the recreational summer flounder fishery. The Maryland harvest estimates in 2012 were significantly lower than the target that is set for Maryland in 2013, and we can therefore expand the fishery. Options that are currently being proposed to the ASMFC Summer Flounder, Black Sea Bass, and Scup Technical Committee all include expansion of the fishery through decreased minimum sizes, expanded seasons, increased creels or a combination of those management measures. The ASMFC management board meets the week of February 18 to approve/deny the options.
The public comment period closes at 4:00 p.m. on March 29, 2013. If you would like to submit written comment, please email: fisheriespubliccomment@dnr.state.md.us
Horseshoe Crabs
The Department is proposing to remove the current regulatory language regarding the annual quota and change the language to say that the annual quota will be consistent with interstate management and established by public notice. Currently, the Department issues a public notice after the management decision has been approved and then submits both emergency and proposed regulations with the limits specified in the public notice. There is a time period where the restrictions are different and can be confusing (regulation says one thing and the public notice something different). Removing the quota language from the regulation will make it clear where to find the information. The prohibition of harvesting females will also be added to regulation.
2013 Specifics: The Department intends to implement the 255,580 male-only horseshoe crab cap approved by the ASMFC horseshoe crab management process. This harvest level is based on the output of a multi-year, federal, state, and NGO partnership process that uses the Framework for Adaptive Resource Management (ARM) model to set harvest levels. The harvest levels proposed by the model are designed to be lower than necessary to ensure a sustainable harvest of horseshoe crabs and an overabundance of horseshoe crab eggs for red knots and other shorebird populations.
The public comment period closes at 4:00 p.m. on February 11, 2013. If you would like to submit written comment, please email: fisheriespubliccomment@dnr.state.md.us
Recreational Sharks
The Department intends to propose regulations in 2013 that would add shark species to our recreational catch card reporting program. Currently, Bluefin Tuna, swordfish, and billfishes are required to be reported through this program. We will be proposing the addition of sharks in an effort to: 1) validate recreational estimates of shark harvest in Maryland, and 2) collect biological data such as length and weight to supplement stock assessments. Both of these kinds of data are lacking, and Maryland will be the first state to implement a census of recreational shark harvest.
The public comment period closes at 4:00 p.m. on February 11, 2013. If you would like to submit written comment, please email: fisheriespubliccomment@dnr.state.md.us
Result: Regulation Proposed - see Proposed Regulations Page for more information
Summer Flounder
The Department is proposing to remove the current regulatory language regarding the specific minimum size, creel limit and season for the recreational fishery and change the language to say that the recreational limits will be consistent with interstate management and established by public notice. Currently, the Department issues a public notice after ASMFC approves Maryland's summer flounder management decisions and then submits both emergency and proposed regulations with the limits specified in the public notice. There is a time period where the restrictions are different and can be confusing (regulation says one thing and the public notice something different). Removing the size, creel and season language from the regulation will make it clear where to find the information.
The public comment period closes at 4:00 p.m. on February 11, 2013. If you would like to submit written comment, please email: fisheriespubliccomment@dnr.state.md.us
Result: Regulation Proposed - see Proposed Regulations Page for more information
Black Sea Bass
The Department is proposing to remove the current regulatory language regarding the specific minimum size, creel limit and season for the recreational fishery and change the language to say that the recreational limits will be consistent with interstate management and established by public notice. Currently, the Department issues a public notice after the management decision has been approved and then submits both emergency and proposed regulations with the limits specified in the public notice. There is a time period when the restrictions in the regulation and public notice are different and it can be confusing (regulation says one thing and the public notice something different). Removing the size, creel and season language from the regulation will make it clear where to find the information.
2013 Specifics: The Department intends to implement regulations that are consistent with management measures determined to meet the coastwide reduction in recreational harvest in 2013. A coastwide 51% reduction in harvest, in numbers of fish, would be required to achieve the 2013 Recreational Harvest Limit (1.84 million pounds or 1 million fish). Maryland is working with our partners to limit our share of the reduction and a resolution will be reached through the ASMFC and MAFMC management process.
The public comment period closes at 4:00 p.m. on February 11, 2013. If you would like to submit written comment, please email: fisheriespubliccomment@dnr.state.md.us
Result: Regulation Proposed - see Proposed Regulations Page for more information
Aquaculture
Emergency regulations have been in effect since September 2012, which allow leaseholders to harvest oysters that are a minimum of 2" for sale while the public fishery is closed, create a one inch maximum seed size limit, allow a 5% tolerance limit (same as commercially harvested oysters), adds an application fee for water column leases of $300 (same as submerged land leases), and adds an annual rent of $25 per acre for all water column leases.
The Department has been working with the Aquaculture Coordinating Council to determine harvest size requirements. The regulatory proposal would expand the ability to sell oysters harvested from a water column lease that are a minimum of 2" by allowing year round sale of such oysters. Leaseholders with submerged land leases would only be authorized to sell oysters that are a minimum of 2" while the public oyster fishery is closed, April 1-September 30. This regulation will provide the industry with the ability to supply existing markets with smaller oysters in order to remain competitive and increase profitability.
The proposal would additionally allow for leaseholders that are also certified by the Maryland Department of Health and Mental Hygiene to utilize a dealer tag that meets the requirements stipulated in the National Shellfish Sanitation Program Model Ordinance in lieu of a Department issued harvester tag. The specifications for the information that must be included on the tag will be included in the regulation. This regulation will provide increased flexibility for shellfish dealers and be a cost savings to the Department not having to supply harvester tags to these folks.
Seed size, tolerance limit, application fee and annual rent will be the same as in the emergency.
The public comment period closes at 4:00 p.m. on March 4, 2013. If you would like to submit written comment, please email: fisheriespubliccomment@dnr.state.md.us
Result: Regulation Proposed - see Proposed Regulations Page for more information
St. Mary's Leasing
The Department is performing public scoping for allowing shellfish aquaculture leasing in the St. Mary's River sanctuary that is compatible with oyster restoration. A public scoping meeting will be held from 3-7pm on Thursday, December 6, 2012 at the Hampton Inn, 22211 Three Notch Road, Lexington Park, MD 20653.
Revisions to the lease law allowed leasing in sanctuaries that is compatible with oyster restoration. Specific rules put in place to ensure restoration compatibility included that leases shall not occur on or within 150 feet of historic Yates oyster bars and that the total acreage of leased area shall not exceed 10% of the total sanctuary area.
The St. Mary's sanctuary is unique in that very few oysters grow within the Yates bars, and areas of high oyster density exist outside of Yates bars. Because of this, the Department is seeking to establish a combination of regulations and policies to ensure that leasing is compatible with oyster restoration in the St. Mary's River sanctuary.
Eleven complete submerged land lease applications totaling approximately 90 acres were filed between August and December 2011 for the St. Mary's River sanctuary.
The total allowable lease acreage is further reduced by 19 acres to account for two existing submerged land leases grandfathered into the sanctuary at the time that the lease law was changed to allow for leasing in sanctuaries.
To determine areas that already have functional oyster reefs, and in which leases may not be permitted, the Department may consider setting oyster density criteria. Options include:
- Option 1: Status quo: no oyster density criteria.
- Option 2: Set oyster density criteria at 15 oysters / m2 based on Chesapeake Bay Program Sustainable Fisheries Goal Implementation Team guidelines for what constitutes a restored oyster bar. The oyster density would be calculated as the average density within a prospective lease based on multiple chosen samples within the prospective lease area. This criteria would be in addition to existing regulations including no more than 10 percent of a total sanctuary area may be leased and leases may not be on Yates bars.
The public comment period closes at 4:00 p.m. on December 12, 2012. If you would like to submit written comment, please email: fisheriespubliccomment@dnr.state.md.us
Restitution
The purpose of the action is to create a restitution system for egregious fishing violations. Currently, when someone is convicted of violating fishing laws, such as taking and possessing undersized fish, the fine they pay goes to the State's general funds. The Department may see some of that money, but it also may not. In a restitution system, which is in addition to the standard fine issued on a ticket or by a court, the money would go directly to the Department. These funds will go to protect and preserve the resource which was illegally taken. In other words, the individual in addition to a fine would have to reimburse the State, who is vested with protecting the public's resource, for the illegally harvested resource.
Restitution would be collected for certain species such as brook trout, crabs, oysters, and striped bass. For nontidal species, the restitution would be the cost to restock the species multiplied by its value for recreation, aesthetics, endangered status, economic value, and population status. For tidal species, the restitution would be the dockside value of the species multiplied by its value for recreation, aesthetics, endangered status, economic value, and population status. The species value criteria would be scored from zero to three with three being given to species which are the most desirable. The accumulated score would be multiplied by 0.1 to arrive at a factor which will be multiplied with either the dockside value or the stocking cost. This final cost will be applied to each fish illegally harvested.
The public comment period closes at 4:00 p.m. on August 15, 2012. If you would like to submit written comment, please email: fisheriespubliccomment@dnr.state.md.us.
Blue Crabbing Charters/Education Permits
Currently, the Department does not have rules pertaining to crabbing charters consolidated into one regulation. This has caused some confusion for individuals who want to charter crabbing trips. The Department would like to have one regulation which lays out all the rules in one place. A commercial tidal fish license holder with a fishing guide authorization may take recreational crabbers out crabbing for compensation. The paying customers are required to follow recreational crabbing rules and the vessel limit of 2 bushels applies.
Additionally, some tidal fish license holders would like to take individuals out on educational tours, which may include giving a demonstration of commercial activities. The regulation will clarify that an education permit is required for this activity.
The public comment period closes at 4:00 p.m. on August 15, 2012. If you would like to submit written comment, please email: fisheriespubliccomment@dnr.state.md.us.
Gear
Creates a chapter of regulation that specifically lists recreational fishing gear and certain commercial fishing gear and restrictions pertaining to the gears' uses.
The public comment period closes at 4:00 p.m. on August 15, 2012. If you would like to submit written comment, please email: fisheriespubliccomment@dnr.state.md.us.
Clams
Clarify language for which portions of the regulations apply to Mya and Tagelus; adopt National Shellfish Sanitation Program (NSSP) requirements for tagging and containerizing.
The public comment period closes at 4:00 p.m. on March 30, 2012. If you would like to submit written comment, please email: fisheriespubliccomment@dnr.state.md.us.
Fishery Management Plans
Amendments for Clam. Clams will include requirements for NSSP compliance. The current FMP is specific to Coastal hard clams and does not address the unique issues of clams (hard and soft) in the Chesapeake Bay.
The public comment period closes at 4:00 p.m. on February 16, 2012. If you would like to submit written comment, please email: fisheriespubliccomment@dnr.state.md.us.
General — Housekeeping
Adds recreational license reciprocity agreement language for recreational fishing registrations. The recreational license reciprocity agreement was altered in light of the changes local jurisdictions made regarding the Federal Saltwater Angler Registry. Maryland and Virginia have reciprocal licenses under this agreement but require the holders of such licenses to register in their State.
The public comment period closes at 4:00 p.m. on February 16, 2012. If you would like to submit written comment, please email: fisheriespubliccomment@dnr.state.md.us.
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