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. As of November 2011, this process includes web posting of unofficial drafts and/or explanations of upcoming regulatory proposals. The Department also distributes via traditional print media; issues e-mail and social media alerts; and takes public feedback on these posted draft regulations at fisheriespubliccomment@dnr.state.md.us. Public meetings are held for particularly controversial issues. 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.
Click here to Learn How to Get Involved with Fisheries Rulemaking.
Draft Regulations Listed below
Upcoming Draft Regulations for 2012
Tautog – November Closure Dates and Public Notice
Based on decisions made over the course of the last year at the ASMFC Tautog Management Board, Maryland was originally required to implement regulation changes that result in a 49% reduction in harvest in our Tautog fishery. Regulations to comply with the reduction became effective April 2, 2012. After review, corrections to the stock assessment indicate that the coastwide reduction should be 39%. The proposed action meets the 39% reduction in Maryland and extends the November fishing season by closing it on November 26th. The season will be closed from November 27 through December 31. The proposed action also includes a public notice provision which will allow the Department to make changes to season, size and creel limits required by the ASMFC fishery management plan for tautog.
The public comment period closes at 4:00 p.m. on May 21, 2012. If you would like to submit written comment, please email: fisheriespubliccomment@dnr.state.md.us.
Nontidal – Lion's Park Pond and Avalon Pond
Remove Lion's Park Pond in Allegany County and Avalon Pond in Baltimore County from the list of areas limited to individuals under 16 years of age, 65 years of age and older, and Blind Persons. Both locations have handicapped facilities at the pond that are being underutilized due to the current regulation. Both areas will be placed on the Put-and-Take Trout Fishing Areas list which will allow all anglers to access the areas for fishing.
The public comment period closes at 4:00 p.m. on May 9, 2012. If you would like to submit written comment, please email: fisheriespubliccomment@dnr.state.md.us.
Clams – Harvest Times
Change harvest times for soft-shell clams. Harvest times will change to:
May 1 – September 30 – between ½ hour before sunrise and 1 pm
October 1 – April 30 – between sunrise and sunset
The public comment period closes at 4:00 p.m. on May 15, 2012. If you would like to submit written comment, please email: fisheriespubliccomment@dnr.state.md.us.
Blue Crab FMP Amendment
A new benchmark stock assessment for the Chesapeake Bay blue crab population and associated fisheries was completed in 2011 (Miller et al, 2011). This assessment generated new biological reference points specific to the female component of the blue crab population. In August of 2011, the Chesapeake Bay Stock Assessment Committee (CBSAC) met to review the assessment and recommended that the jurisdictions adopt the new female-specific reference points. In order to ensure that male abundance does not drop below a critical level relative to female abundance, the CBSAC also recommended the development of a threshold reference point for male crabs that would provide a management trigger for male conservation (CBSAC, 2011). Amendment #2 to the 1997 Chesapeake Blue Crab Fishery Management Plan provides the mechanism for formally adopting the new biological reference points and control rule. Amendment #2 also establishes the need for developing a male threshold reference point; and, recognizes the importance of fishery-independent and fishery-dependent monitoring. Amendment #2 replaces the first six actions in the 2003 Amendment #1 to the 1997 Chesapeake Blue Crab Fishery Management Plan.
DRAFT - Amendment #2 of 1997 Chesapeake Bay Blue Crab Fishery Management Plan
The public comment period closes at 4:00 p.m. on May 7, 2012. If you would like to submit written comment, please email: fisheriespubliccomment@dnr.state.md.us.
Oysters
Currently, the Department requires oyster harvesters using a power dredge to obtain a free permit for the activity. This was necessary to determine the amount of power dredge effort. Recent regulation changes require all oyster harvesters to report activity to the Department by gear type. Therefore, the Power Dredge permit as a tool to determine activity is no longer needed.
The Department will clarify the hand tong area lines. There are currently hand tong areas that are located within power dredge areas and within sanctuaries. The Department will be removing the hand tong areas. This should have been done when the power dredge areas and sanctuaries were put into place, but was inadvertently overlooked. Latitude and longitude coordinates will be use for all hand tong areas.
The Department will clarify the PSFA lines. There are currently PSFAs that overlap with sanctuaries. Since harvest from a sanctuary is prohibited, PSFA lines will be corrected so there is no confusion regarding harvest areas.
The public comment period closes at 4:00 p.m. on May 18, 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 April 23, 2012. If you would like to submit written comment, please email: fisheriespubliccomment@dnr.state.md.us.
Nontidal 2013 Regulations
A wording change is needed to better describe the Put-and-Take Trout Fishing Area on Bear Creek in Garrett County. The current wording refers to "watershed" and does not accurately describe the area under Put-and-Take management. The plan is to change the wording from "watershed" to "from the corner of Fish Hatchery Road and Rabbit Hollow Road downstream to the confluence with the Youghiogheny River at Friendsville.
The North Jennings Run Put-and-Take Trout Fishing Area is adjacent to the Jennings Run Put-and-Take Trout Fishing Area in Allegany County, but each has a different closure schedule. Inland wants to place both areas under a 2, 3 closure to make enforcement easier for the Natural Resources Police. (Jennings Run is currently a 2, 3, but North Jennings is a 1, 3).
Establish Catoctin Creek (Frederick Co) within the boundaries of Catoctin Creek Park as a Delayed Harvest Trout Fishing Area. The recently developed park contains over a mile of Catoctin Creek offering a much needed public stream access in southern Frederick County. Water quality and fishery data suggest that the greatest trout fishing opportunities can be provided cost effectively with delayed harvest regulations. Once again, Frederick County Parks and Recreation have expressed support of this proposal, but we are awaiting final approval.
Change existing total Catch and Release regulation to Limited Harvest on Governors Bridge Natural Area Pond. Several electrofishing surveys have shown that the total catch and release is a bad choice, the pond is overcrowded. This area is managed by MNCPPC and they agree the pond should be Limited Harvest.
Remove Lion's Park Pond in Allegany County and Avalon Pond in Baltimore County from the list of Areas Limited to Fishing by Persons Younger than16 Years Old, Persons 65 Years Old or Older, and Blind Persons, and places them on the list of Put-and-Take Trout Fishing Areas. User restrictions on these areas will be established by the local governing authority. The proposed changes will allow handicapped individuals to fish in these areas, regardless of age or visual impairment. These areas have handicapped facilities that are not being fully utilized.
Add that the hours for fishing trout streams set forth in Natural Resources Article, §4-615, Annotated Code of Maryland, do not apply to fresh water impoundments of 5 acres or more. This was accidently removed when the Fishing in Nontidal Waters chapter was reorganized in 2011.
The public comment period closes at 4:00 p.m. on May 31, 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 April, 20, 2012. If you would like to submit written comment, please email: fisheriespubliccomment@dnr.state.md.us.
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.
Permits for each fishery will be capped at the current number. Black sea bass (14), summer flounder (7) and horseshoe crab (10). There will be a harvest limit of 150 horseshoe crabs in the Chesapeake Bay, regardless of the limit printed on the permit. Closure periods will remain the same.
The public comment period closes at 4:00 p.m. on May 18, 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.
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 March 20, 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.
You can also follow the story by watching for updates on Twitter or visiting our Facebook page for discussion at www.facebook.com/MDDNRFisheriesService.
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.