The purpose of this action is to establish a power dredge study zone. An area of Talbot County in the Choptank River outside the mouth of the Tred Avon River is being newly opened to power dredging to study the impacts of the power dredge fishery on oyster populations. The area was selected with input from the industry, is currently not productive, and represents a range of salinities typical for oysters in Maryland. The area is currently closed to power dredging, and upon opening it will be monitored for at least 5 years to determine if power dredging is beneficial, detrimental, or has no impact to oyster populations. The results of this study will be used to help determine whether additional areas should be opened to power dredging or if the Department should reconsider areas in which this gear is presently allowed.

Click here to view proposed text.*WITHDRAWN- Please see Nov. 19 Maryland Register for withdrawal notice.

The purpose of this action is to add new points to the commercial fishing license penalty system. The proposed action adds points for two new regulations including: harvesting crabs with a frozen license (Tier II – 10 points and 30 day suspension) and harvesting female crabs with a male only limited crab catcher license (Tier II – 10 points and 30 day suspension). The action also adds points for two proposed regulations, as proposed in the July 2, 2010 Maryland Register, for being in a prohibited area for clamming including a natural oyster bar, leased area, public shellfish fishery area or sanctuary (Tier I – 5 points, no suspension for 150 feet or less in the area and Tier II – 10 points, 30 day suspension for more than 150 feet in the area), and failure to sell oysters to a buy station (Tier II – 10 points and 30 day suspension).

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The purpose of the emergency action is to amend the recreational season for catching black sea bass. The National Marine Fisheries Service (NMFS) published the final rule for the recreational management measures (size limit, possession limit and season) for the black sea bass fishery in the Federal Register (Vol. 75, No. 103) on July 8, 2010. The rule became effective August 9, 2010. The Atlantic States Marine Fisheries Commission (ASMFC) has recommended that states adopt the federal measures. Maryland already complies with the 12 ½ inch minimum size and the possession limit of 25 fish so those provisions are not being changed. The proposed action changes the recreational season from being open year round to being open only May 22 – October 11 and November 1 – December 31. If the Department does not adopt the federal dates, Maryland will be out of compliance with ASMFC. If Maryland is out of compliance, ASMFC can recommend to the Secretary of NMFS to make a determination to close Maryland's fishery.

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The purpose of the action is to add the monthly softshell and hardshell clamming reports to the reporting penalty system. These reports will be used to track clam harvest. With the expansion of oyster sanctuaries to include clamming bottom, it is important that the Department carefully tracks clam harvest and penalizes those individuals who do not provide harvest reports. The action also clarifies existing text to aid the Department in administering the provisions of the regulation.

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The Bramleigh Creek Reserve is being created at the request of the St. Mary's County Oyster Committee to protect resources which have been planted in the area for future harvest. The Department's goal for the harvest reserves is to restore reserved oyster bars, contribute to the health of the Bay and maintain the oyster industry. The action names one area, Bramleigh, as a harvest reserve. This area will be closed by public notice, planted with oyster seed and occasionally opened for harvest when criteria set by the State have been met.

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In order to implement Governor Martin O'Malley's Oyster Restoration and Aquaculture Development Plan as authorized by Ch. 173, Acts of 2009, the Department is proposing five regulatory packages. Click here to read entire statement of purpose.

Proposed Text

• PSFA text
• OMP Amendment Incorporation text
• Oyster text
• Clamming text
• Aquaculture and Leasing text
• Amendment I to the 2004 Chesapeake Bay Oyster Management Plan September 6, 2010
• Oyster Sanctuaries of the Chesapeake Bay and Its Tidal Tributaries (September 2010)
• Public Shellfish Fishery Areas of the Chesapeake Bay and Its Tidal Tributaries (September 2010)

This regulatory action establishes the conditions for certain individuals holding a designated 'male-only' or 'frozen' Limited Crab Catcher (LCC) license to upgrade to an unlimited Tidal Fish License (TFL). By prior regulation, the Department designated approximately 650 LCC licenses as 'latent' and required that these license holders declare their LCC to be male-only or frozen. The intent of this regulation was to prevent some fraction of these inactive licenses from re-entering the fishery and placing additional harvest pressure on female crabs during the time period that the population is rebuilding. The management benefits would be compromised if all latent LCC holders were able to upgrade to a TFL and exert greater harvest pressure on female crabs. License holders with a TFL are able to fish 300 crab pots rather than 50 pots. The Department estimates that approximately 150 of the individuals with a 'latent' LCC hold or are in the process of acquiring additional license authorizations through the Departmental Apprenticeship Program or through approved permanent business or family transfers. The Department has determined that upgrades by these individuals already in the process of acquiring additional authorizations will not compromise the management objective. Therefore, only those individuals who meet the following requirements by April 6, 2010 will be allowed to use a male-only or frozen LCC license to upgrade to a TFL beginning in the 2010-2011 renewal period:

1. possess a male-only or frozen LCC and at least two additional commercial fishing authorizations, or
2. possess a male-only or frozen LCC and before April 6, 2010 have entered into the process of acquiring two additional authorizations through the DNR apprenticeship program or through approved permanent or business transfer, or
3. possess a male-only or frozen LCC and one additional authorization and before April 6, 2010 have entered into the process of acquiring one additional authorization through the DNR apprenticeship program or through approved permanent or business transfer.

The purpose of this action is to amend recreational and commercial summer flounder regulations. The Atlantic States Marine Fisheries Commission (ASMFC) has required the state of Maryland to reduce the harvest in its recreational fishery by 23.6% as a result of the 2009 estimated overage. Maryland will have a recreational target of 75,000 fish in 2010 and proposes to adjust the minimum size limits and fishing season in order to achieve this reduction. Several options were discussed with user groups and advisory commissions and the option chosen lengthens the season and protects the fishing-tourism industry from losing customers to Delaware. This is the first year that Chesapeake Bay and coastal size limits will be the same. ASMFC has recommended this change because split size limits for flounder do not allow for adequate monitoring of required harvest reductions.

Specifically, the proposed action changes the recreational size limit to 19 inches; removes the separate size limits for the Atlantic and Chesapeake Bay fisheries; changes the season dates; and in order to reduce enforcement and user conflict, changes the commercial hook and line size limit to correspond with recreational size limits.

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The purpose of the proposed action is to make changes in the management of weakfish in response to a depleted population. The Atlantic States Marine Fisheries Commission approved Addendum IV to Amendment 4 of the Weakfish Fishery Management Plan in November 2009. Amendment 4 was originally developed in 2002 to regulate a recovered weakfish fishery. Unfortunately, this recovery did not continue after the development of this amendment and the stock underwent a steady decline. This addendum responds to results of the most recent weakfish stock assessment. The assessment indicated that weakfish abundance had declined markedly, total mortality was high, non-fishing (natural) mortality has recently increased and depleted the stock to a very low level. The peer-review panel agreed with the assessment's findings, concluding that the current level of fishery removals worsens the decline in abundance. Maryland has chosen a more restrictive approach than required in Addendum IV that is consistent with the depleted status of the population and its fisheries in Maryland. The proposed management options are intended to slow the decline and poise the stock for recovery when natural mortality decreases.

Specifically, the proposed action creates a new creel limit for the recreational fishery and reduces the commercial fisheries, except hook and line, to bycatch only. The proposed action changes the commercial fishery by simplifying a complex, yet largely meaningless, commercial season structure; making all fisheries except commercial hook-and-line subject to a legal-sized weakfish bycatch provision at all times; and establishes a season for commercial hook and line because harvesters are not permitted to harvest any weakfish as bycatch. Up to 100 pounds of legal-sized weakfish will be allowed in the Atlantic Ocean and up to 50 pounds will be allowed in Chesapeake Bay provided equal poundage of other species are present on board the vessel. A 50 pound bycatch limit was chosen for Chesapeake Bay that is more in line with actual catches and is consistent with the Potomac River Fisheries Commission trip limit.

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The purpose of this action is to modify the number of commercial fishing license authorization targets. Modifications to the authorization targets will reflect the number of license conversions made in both 2008 and 2009 license years. There were 9 license holders that converted to a TFL in 2008 and 9 converted in 2009. The number and type of licenses relinquished provide the basis for changes to license target levels.

The total number of license conversions (18) for 2008 and 2009 will be added to the number of TFL authorizations. Each specific authorization target will be decreased by the number of total specific authorizations relinquished. Specific authorizations that had no conversions in 2008 and 2009 remain unchanged.

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The purpose of this action is to create harvest limits in order to promote the conservation of these species and sustainability of the fishery. The snapper grouper fishery is a complex of many fish species which are currently managed by the South Atlantic Fisheries Management Council (SAFMC) and individual states in the south Atlantic. The population of the complex has been declining in most of the range. The SAFMC currently is considering expanding the range of management jurisdiction for species in the snapper grouper complex into the mid-Atlantic. If that occurs, it is possible that Maryland's entire fishery would be eliminated. The Mid-Atlantic Management Council is in the process of working with the SAFMC to establish a separate, northern management unit and has proposed co-management of these species. The change would be addressed through an amendment to the SAFMC Fisheries Management Plan. SAFMC has proposed conservation measures for their areas of jurisdiction. Virginia responded to management needs by adopting new regulations for recreational and commercial fisheries. Currently, there are no requirements for management of this complex in Maryland; however, the Department is choosing to be responsible and proactive by proposing that the snapper grouper complex be added to the list of species in need of conservation and by proposing to implement the measures in this proposal that are compatible with SAFMC measures.

Specifically, the proposed action establishes three management groups for the species in the snapper grouper complex. The groups are tilefish, grouper and other. The action creates a recreational creel limit of seven fish for tilefish (including blueline tilefish, golden tilefish, and sand tilefish), one fish for grouper (including black grouper, gag grouper, goliath grouper, graysby, misty grouper, nassau grouper, red grouper, red hind, rock hind, scamp, snowy grouper, speckled hind, tiger grouper, warsaw grouper, wreckfish, yellowedge grouper, yellowfin grouper, and yellowmouth grouper), and 20 fish for any combination of the remaining species in the snapper grouper complex. The proposed action also establishes a commercial landing limit of 300 pounds for tilefish, 175 pounds for grouper and provides for an exemption for a fisherman in possession of a valid Golden Tilefish Individual Fishing Quota issued by the National Marine Fisheries Service.

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The purpose of this action is to declare the group of fish that make up the Snapper Grouper Fishery in need of conservation in order to promote the conservation of these species and sustainability of the fishery.

The snapper grouper fishery is a complex of many fish species which are currently managed by the South Atlantic Fisheries Management Council (SAFMC) and individual states in the south Atlantic. The population of the complex has been declining in most of the range. The SAFMC currently is considering expanding the range of management jurisdiction for species in the snapper grouper complex into the mid-Atlantic. If that occurs, it is possible that Maryland's entire fishery would be eliminated. The Mid-Atlantic Management Council is in the process of working with the SAFMC to establish a separate, northern management unit and has proposed co-management of these species. The change would be addressed through an amendment to the SAFMC Fisheries Management Plan. SAFMC has proposed conservation measures for their areas of jurisdiction. Virginia responded to management needs by adopting new regulations for recreational and commercial fisheries. Currently, there are no requirements for management of this complex in Maryland; however, the Department is choosing to be responsible and proactive by proposing that the snapper grouper complex be added to the list of species in need of conservation and by proposing to implement the measures in this proposal that are compatible with SAFMC measures.

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The purpose of this action is to reduce the impact of catch and release fishing on pre-spawn female striped bass. The proposed action places restrictions on recreational angling for striped bass during the catch and release period of March 1 through the 3rd Friday of April. This action is needed to address a significant increase in fishing effort that has developed during the months of March and April since 2002, and the potential negative impacts of this fishery to the Atlantic coast population of striped bass. Specifically, there is concern about the sub-lethal (fish survives but doesn't spawn successfully) impacts of catch and release fishing on pre-spawn female striped bass, as well as an increase in direct mortality. There is uncertainty in the magnitude of these impacts. The Department is proposing this action as an initial precautionary measure to ensure adequate protection of pre-spawn female striped bass. These concerns and potential regulatory options were discussed on October 20, 2009 by the Sport and Tidal Fisheries Advisory Commissions. The Department considered comment from this meeting and presented refined regulatory options to the public at a scoping meeting on November 16, 2009. The proposed action takes into consideration comments received from the public.

The proposed action places restrictions in all open catch and release areas during the pre-spawn time period of March 1 through the third Friday in April. Specifically, the action prohibits the use of stinger hooks, requires barbless hooks to be used when trolling, requires the use of circle hooks or J hooks with a gap of less than ½" when using bait, and restricts boats to the use of no more than six lines when trolling, regardless of the number of individuals on board the vessel.

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