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Current Regulatory Proposals

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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.


PROPOSED INLAND FISHERIES REGULATIONS FOR 2009
PLEASE COMMENT BY MAY 31, 2008

Maryland Department of Natural Resources (DNR) Secretary John R. Griffin today announced an online meeting to receive comments and discussion on proposed regulations being considered for the Inland Fisheries Division of Maryland Fisheries Service for 2009.
In the proposals, new wording shown in proposed action are underlined, wording to be removed is in [brackets].

PROPOSAL #1.

  • Change the lower boundary on the Delayed Harvest Trout Fishing Area on the YoughioghenyRiver

Rationale:  The full pool level of the reservoir extends upstream of the gas-line crossing and restricts reservoir anglers interested in baitfishing for panfish and other lake species.  The powerline is a point above the full-pool extent and will shorten the Delayed Harvest by approximately 0.25 miles.

Proposed Action:

 Youghiogheny River Mainstem.  Below Friendsville from a site 50 yards downstream of Maple Street (at the confluence of Minnow Run) downstream 1.8 miles to the powerline crossing [to the gas-line crossing] upstream of Youghiogheny Reservoir. Click here to submit feedback for Proposal #1.

 

PROPOSAL #2

  • Change creel limit on Delayed Harvest Trout Fishing Areas and discuss changes to opening date for harvest in these areas

Rationale:  Anglers should be afforded full Put-and-Take opportunity to harvest fish when temperatures begin to rise.

Proposed Action:
Delayed Harvest Trout Fishing Areas
From June 16 through September 30 the daily creel limit and possession limit is [two] five trout (all species of trout in aggregate).  During this period no special bait, lure, or tackle restrictions are in effect. Click here to submit feedback for Proposal #2.

 

PROPOSAL #3

  • Change the start date for the harvest period on Delayed Harvest Trout Fishing Areas

Rationale:  Concerns have been raised on some of the Delayed Harvest Trout Fishing Areas that show increases in water temperature prior to the June 16 start date of the harvest period and may become too warm for trout.  Several options are being considered to deal with the temperature problem.
          Option 1 – Do nothing and keep June 16 as start date for the harvest period on Delayed Harvest Trout Fishing areas.
          Option 2 – Change the harvest period start date to June 1 for the entire state.
          Option 3 – Split the dates:  Town Creek (Allegany County); Middle Patuxent River (Howard County) and Catoctin and Little Catoctin Creek (Frederick County) that warm more quickly will open June 1; Casselman River, Youghiogheny River and North Branch of the Potomac River in Garrett County that stay cool longer will open June 16. Click here to submit feedback for Proposal #3.

 

PROPOSAL #4

  • Change closure schedule on SavageRiver Put-and-Take area

Rationale:  Members of the public expressed concerns that the area was closed for a long period when angling opportunities in late winter or early spring in the area are limited.  By changing the closure dates on the Savage, anglers would be given more opportunities to fish the stream prior to opening day.

Two options are being considered:

         Option 1 – go to a “0” closure with more frequent stockings (No closure)
         Option 2 – go to a 2, 3 closure (two one-week closures) with associated stockings.  This would shorten the opening day closure to one week, but would maintain the second one-week closure as previously applied (Stream Closure 2 is from 10pm Sunday to 5:30am Saturday the last full week of March and Closure 3 is from 10pm the first Sunday after April 15 to 5:30am the following Saturday.

Proposed Action:

Garrett County
Savage River mainstem from Savage River Reservoir upstream to Poplar Lick  [ 1,3 ]             
          Option 1 – 0
          Option 2 – 2,3
Click here to submit feedback for Proposal #4.

 

PROPOSAL #5

  • Repeal the Maximum Size Bass Fishing Area from the Potomac River and revert Potomac River, excluding Catch-and-Return areas to statewide regulations for bass

Rationale:  Special black bass regulations established on portions of the Potomac River to improve size structure and catch rates for quality size bass proved to be ineffective.  Data show that very few anglers keep black bass on the Potomac River, so the goal of altering the population by manipulating catch size did not achieve the goals set by the regulation.

Proposed Action:

[ Maximum Size Bass Fishing Area.  The following special requirements are in effect in the Potomac River from Dam 3 to Dam 4: 
(1) A person may possess five bass (Largemouth and smallmouth in aggregate) per day while fishing in this area;
(2) A person may possess bass (largemouth and smallmouth bass in aggregate) under 12 inches in total length; and
(3) All bass 12 inches in total length and longer shall be returned immediately to the water. ]

Potomac River from Dam 3 to Dam 4 would then fall under these regulations:

Open Seasons, Creel, and Size Limits on Game and Fresh Water Fish in Nontidal Waters

(3)  Minimum Size from Tip of Nose to End of Caudal Fin or Tail
(a) Largemouth bass -12 inches,
(b) Smallmouth bass - 12 inches.
Click here to submit feedback for Proposal #5.

 

PROPOSAL #6

  • Add Catoctin and Little Catoctin Creek within Doubs Meadow Park in Frederick County to list of Delayed Harvest Trout Fishing Areas

Rationale: This area on Catoctin Creek was investigated for stocking and Myersville officials who manage the park were favorable to the proposal. Little Catoctin Creek is a tributary that flows into the park in the same area and the town has agreed to include this section. The town preferred the Delayed Harvest regulations as it fits better with other park activities.  The preferred opening day for the harvest portion on this area would be June 1.
Proposed Action:
Delayed Harvest Trout Fishing Areas and Requirements
Catoctin Creek and tributary Little Catoctin Creek.  Portion of the streams located within Doubs Meadow Park from U.S. Route 40 near the intersection of State Route 17 downstream to the lower park boundary near Myersville. Click here to submit feedback for Proposal #6.

 

PROPOSAL #7

  • Add Gray’s Run in HarfordCounty to list of Tidal and Nontidal Dividing Lines to the CSX railroad crossing above U.S. Route 40.

Rationale:  This point has been recognized by the Natural Resources Police in the area, but has not been formalized in regulation.

Proposed Action:

Dividing Lines, Tidal and Nontidal Waters.

Harford County
Gray’s Run:  CSX Railroad crossing upstream of U.S. Route 40. Click here to submit feedback for Proposal #7.

DNR Inland Fisheries Division management activities are supported by the Sportfish Restoration Program (Dingell-Johnson/Wallop-Breaux) funds, and by fees from the sale of freshwater fishing licenses and trout stamps.

 

In addition to the public feedback electronic submission through this webpage, public feedback on draft options may also be sent by fax to 410-260-8310 or by postal mail to Fisheries Service, Regulations Office, Tawes State Office Building B-2, 580 Taylor Ave., Annapolis, MD 21401.