This is a summary of regulatory proposals submitted by Fisheries Service. Consult the Maryland Register, Code of Maryland Regulations and Natural Resources Article of the Annotated Code of Maryland for full legal text. If you have questions regarding the proposed regulations, please e- mail them to the Regulatory Staff.
Fisheries Service welcomes public comment on proposed regulations. However, only comments entered during the official public comment period specified under the State Government Article, Title 10, Annotated Code of Maryland become part of the official regulatory record. The official public comment period is 30 days after publication in the Maryland Register. Receiving comments on the proposal provides the Department with invaluable information and perspectives that may be incorporated into content or editorial changes. The Maryland Register notice will provide contact information where all official public comments may be sent.
Click Here to Learn How to Get Involved with Fisheries Rulemaking.
| Proposal Subject | Emergency or Permanent | Sent for Publication Date | MD Register Issue Date | Hearing Date | Public Comment Deadline | Scheduled Effective Date |
Pound Nets |
Proposed | January 7, 2013 | January 25, 2013 | None | February 25, 2013 | April 1, 2013 |
|
08.02.05.02 and 08.02.15.07 The purpose of this action is to acquire data that will allow the Department to determine the fishing effort within the pound net fishery and to minimize any potential adverse effects of pound nets on spawning striped bass. The first action is to require pound net fishermen to notify the Department prior to setting a net and after taking a net down. Currently, the Department does not collect data regarding the number of registered pound net sites that are actively being fished. Without these data, the Department is unable to determine the actual effort put forth by the pound net fishery. By requiring pound net fishermen to notify the Department when a pound net is set and when it is taken down, the Department will have real-time information with regards to the number of pound nets actively being fished. The second action is to require pound net fishermen to fish their pound nets more frequently during the striped bass spawning period and to release any entrapped striped bass. By requiring pound net fishermen to fish their nets more frequently and release the entrapped striped bass, any potential impacts of impoundment on spawning striped bass – including abandonment of spawning activity – will be minimized. Although data suggest that capture in pound nets does not cause increased mortality, decreasing hold time will mitigate any sub-lethal effects on spawning activity. A check time of 24 hours or more will be set by public notice prior to the start of each season. | ||||||
| Public comments may be submitted via fax, 410-260-8310 or email comments to the Regulatory Staff. | ||||||
| Proposal Subject | Emergency or Permanent | Sent for Publication Date | MD Register Issue Date | Hearing Date | Public Comment Deadline | Scheduled Effective Date |
Penalties – Annual Adjustments |
Proposed | January 7, 2013 | February 8, 2013 | None | March 11, 2013 | April 15, 2013 |
|
08.02.13.01, .02, .03, .05, .08 The purpose of this action is to make adjustments to the recreational, commercial, and charter boat/fishing guide penalty systems. The action adds penalties for fishing in a blind/youth restricted area and increases penalties for possessing undersized hard crabs to the recreational fishing penalty system. The action increases tiers for oyster sanctuary violations, adds additional tiers for undersized hard crabs, differentiates misdemeanor and felony Lacey Act violations, and adds penalties for gill net reels, unmarked gill net corks, river herring possession, aquaculture violations, and untagged oyster containers to the commercial fishing penalty system. The action also adds penalties for undersized hard crabs to the charter boat/fishing guide penalty system. The action makes general text corrections and clarifications. Proposed text will be posted after it appears in the Maryland Register | ||||||
| Public comments may be submitted via fax, 410-260-8310 or email comments to the Regulatory Staff. | ||||||
| Proposal Subject | Emergency or Permanent | Sent for Publication Date | MD Register Issue Date | Hearing Date | Public Comment Deadline | Scheduled Effective Date |
Billfish |
Proposed | December 10, 2012 | December 28, 2012 | None | January 28, 2013 | March 4, 2013 |
|
08.02.05.26 and 08.02.12.03 The purpose of this action is to list roundscale spearfish (Tetrapturus georgii) as "in need of conservation" to allow management of roundscale spearfish consistently with the National Marine Fisheries Service (NMFS) and change the genus of white marlin to reflect the recent taxonomic change. These changes are consistent with input and advice from billfish experts in the scientific community and will allow NMFS to more accurately and appropriately manage Atlantic billfish species using the latest scientific nomenclature and species determinations. As a result of scientific research, a ''new'' billfish species called roundscale spearfish was identified in 2006. This species was previously thought to be the same as white marlin because they are nearly indistinguishable by size, shape and color. DNA testing and other identifying factors confirmed the taxonomic distinction between roundscale spearfish and white marlin. Roundscale spearfish have effectively been managed as white marlin (with the same size limit and authorized gear as white marlin) due to difficulties in identifying and distinguishing them from white marlin and because roundscale spearfish weren't known to exist prior to 2006. In 2010, NMFS finalized an interpretive rule to recognize roundscale spearfish as part of the definition of "HMS" (Highly Migratory Species) in the Magnuson-Stevens Act (MSA). Currently, management of roundscale spearfish and Atlantic white marlin is uniform; as new information becomes available, separate management measures may be considered. In 2008, further DNA analysis and research indicated a change in genus of Atlantic white marlin from Tetrapturus to Kajikia. This was adopted by the Integrated Taxonomic Information System and in 2010, NMFS published a final action amending the MSA to include the taxonomic changes to Atlantic white marlin. The removal of the endangered and threatened species lists is administrative only. The lists being removed are outdated. The current lists are located in COMAR 08.03.08. | ||||||
| Public comments may be submitted via fax, 410-260-8310 or email comments to the Regulatory Staff. | ||||||
Not sure where Tidal and Non-Tidal regulations apply? Want to locate a Striped Bass Spawning area Map? Check here for a description of all the ramps and maps.