Contact FisheriesFISHERIES SERVICE: Draft Regulations
The Administrative Procedures Act (APA), State Government Article, §10-101 subseq., Annotated Code of Maryland states the process by which state agencies must follow to create regulatory law. The Department may propose emergency or permanent regulations through the APA process. Emergency regulations expire after a maximum of 180 days. The APA process for a permanent regulation includes a 30 day public comment period after publication of a proposed regulation in the MD register. The Department may also hold a public hearing during the official public comment period. Permanent regulations do not change unless the Department proposes amendments. To view current proposed regulations and information on the official public comment process visit the Fisheries Service Proposed Regulations webpage.
In addition to this APA process, the Department has initiated a pre-regulatory informational process to gain a better understanding of the public's opinion. This process includes a bi-annual meeting to discuss upcoming proposals and web posting of unofficial drafts and/or explanations of upcoming regulatory proposals. The Department will take public feedback on these posted draft regulations. The information provided on this webpage refers to draft 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.
Public feedback submitted through this webpage will be reviewed by the Department prior to submitting proposed regulation. Please limit feedback to the specific changes addressed in the draft regulation. Comments received during the draft regulatory process will be kept separate from official public comment received during the APA regulatory process public comment period. We are unable to respond to the feedback we receive but we appreciate your time and your commitment to Maryland's natural resources.
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Draft Regulations Listed below
Upcoming Draft Regulations for 2012
Commercial Horseshoe Crabs, Summer Flounder, Black Sea Bass
Create consistency between regulations for the black sea bass, summer flounder, and horseshoe crab commercial fisheries and allow some flexibility in coastal commercial permitting. Currently, there are inconsistencies in the regulations between the fisheries with regards to ownership in federally permitted vessels, changing of declared vessels, the number of commercial permits allowed on a federally permitted vessel, and quota overage management. The regulation proposal will also include any recreational season or size changes required by ASMFC. Changes to the summer flounder commercial size limit for the hook and line fishery are also being explored.
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.
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 February 16, 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 February 16, 2012. If you would like to submit written comment, please email: fisheriespubliccomment@dnr.state.md.us.
Pilot Program
Creates a pilot program permit structure for future fisheries pilot programs. The Department of Natural Resources proposes to conduct certain voluntary commercial fishing pilot projects for practical demonstration and evaluation of alternative fisheries management and harvest methods to increase efficiency and value.
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.
Restitution
Creates a restitution system for individuals convicted of certain fishing violations. Restitution would be per fish and based on dockside values for tidal fish and stocking costs for nontidal fish with additional monetary increases for values such as historical, cultural, and biological importance. This system is being created in consultation with SFAC/TFAC Penalty Workgroup.
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.
Fishery Management Plans
Amendments for Clam and Crabs. Clams will include requirements for NSSP compliance. Crabs will include incorporation of recently approved reference points as recommended by the Chesapeake Bay Stock Assessment Committee.
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.
Spiny Dogfish
Members of the commercial spiny dogfish fishery are interested in discussing the development of a limited entry fishery.
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.
You can also follow the story by watching for updates on Twitter or visiting our Facebook page for discussion at www.facebook.com/MDDNRFisheriesService.
MDDNR Considers Regulation Requiring Registration of Black Bass Tournaments
MD DNR is considering a regulation which would require largemouth and smallmouth bass tournament directors to obtain a free permit before conducting bass tournaments in Maryland. Directors would be asked to report catch results, adhere to release boat regulations (when appropriate), report illegal harvest or possession, and communicate annually with MD DNR. The registration process will enable MD DNR to better monitor catch rates and population trends, assure responsible handling and release of bass, and work more efficiently to maintain and protect bass populations. The regulation may indirectly affect other anglers, boaters and local businesses. MDDNR is seeking comments regarding this idea. Comments may include suggestions, constructive criticism, and/or a general like or dislike of the proposal.
Read the full document by clicking here.
Participate in the future of the consideration by emailing comments to mddnrfish@dnr.state.md.us
or visiting our Facebook page for discussion at www.facebook.com/MDDNRFisheriesService
You can also follow the story by watching for updates on Twitter. All comments will be posted on-line and anonymously.
The public comment period closes at 4:00 p.m. on Wednesday, March 30, 2012. If you would like to submit written comment, please email: mddnrfish@dnr.state.md.us.
Comments are to be posted every three days during the open comment period at dnr.maryland.gov/fisheries/bass/permit.asp.