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.
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| Proposal Subject | Emergency or Permanent | Sent for Publication Date | MD Register Issue Date | Hearing Date | Public Comment Deadline | Scheduled Effective Date |
| Fish – Spanish Mackerel | Permanent | April 13, 2012 | May 4, 2012 | None | June 4, 2012 | July 9, 2012 |
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COMAR 08.02.05.14 The purpose of this action is to comply with the Atlantic States Marine Fisheries Commission (ASMFC) Omnibus Amendment to the Interstate Fishery Management Plans for Spanish Mackerel, Spot, and Spotted Seatrout. Spanish mackerel, Scomberomorus maculatus, support significant recreational and commercial fisheries in South Atlantic waters and is gaining importance in the Mid-Atlantic. Spanish mackerel is one of several species that the ASMFC manages cooperatively with the South Atlantic Fishery Management Council. Spanish mackerel are managed under Amendment I (2011) to the Spanish mackerel Fishery Management Plan (1990). The primary purpose of managing the Spanish mackerel stock is to ensure that the resource can be utilized throughout its range by current and future generations of the fishing and non-fishing public. An additional purpose is to foster compatible management among the states that harvest these resources, and in the case of Spanish mackerel, between the states and the federal government. Specifically, the proposed action requires Spanish mackerel harvested recreationally to be landed with both the head and fins intact and creates a trip limit of 3500 pounds per vessel per day, whichever is longer, for the commercial fishery. The proposed action also updates the format of the regulation and updates the public notice provision to include the reasons for making changes to the fishery by public notice. | ||||||
| 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 |
| Seafood Marketing – True Blue Program | Permanent | May 24, 2012 | June 15, 2012 | None | July 16, 2012 | August 2012 |
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COMAR 08.02.24.01 The purpose of this action is to create a program that would promote blue crab harvested from Maryland. The 'True Blue' certification program will allow restaurants serving Department-verified Maryland blue crab product to use a special logo in marketing or advertising the product. Currently, it is unclear to consumers whether they are purchasing blue crab product that was actually harvested in Maryland. By providing this certification program and logo, consumers will be more aware of what they are purchasing and food service establishments serving Maryland harvested blue crab and Maryland blue crab harvesters, wholesalers, and dealers will benefit from the ability to market their product. The action provides for the application and participation of the program. The action also provides penalties for a food service establishment who illegally uses the logo. This action was created in coordination with the Seafood Marketing Advisory Committee. | ||||||
| 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 |
| Free Fishing Areas-Coast | Permanent | May 24, 2012 | June 15, 2012 | None | July 16, 2012 | August 2012 |
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COMAR 08.02.01.07 The purpose of this action is to add free fishing areas in Maryland's coastal waters. Free fishing areas are areas where a recreational fishing license is not required and were created shortly after the implementation of the Tidal Sportfish License in the mid-1980s. With the expansion of the Chesapeake Bay Sportfish license (now known as the Chesapeake and Coastal Sportfishing license) to include Maryland's coastal waters, the Coastal Fisheries Advisory Committee, with input from the Town of Ocean City, made a request to the Department to create free fishing areas on Maryland's coast. Initially, free fishing areas were created to provide for subsistence fishermen in economically disadvantaged areas. Reasons for creating free fishing areas have changed over the years. Recent goals and criteria for maintaining or establishing new free fishing areas include providing high quality, safe, accessible and geographically equitable opportunities for families to fish together (fostering the mentorship role of new and existing adult anglers) and for adults engaging in subsistence fishing in economically disadvantaged areas. The three areas considered were Northside Park at 125th Street, the bulkhead behind the Ocean City Convention Center at 42nd Street, and the Chicago Avenue bulkhead between 2nd and 4th streets. DNR Fisheries staff visited the areas and met with representatives of local bait & tackle stores, fishing clubs, and the Town of Ocean City to obtain feedback on support for the areas. The areas were scoped by discussing the advantages and disadvantages of each area with the Coastal Fisheries Advisory Committee, Sport Fisheries Advisory Commission and at an open house held at the Worcester County Library Ocean Pines Branch in Ocean Pines, Maryland. The areas that best met the goals and criteria for establishing free fishing areas are Northside Park and the Chicago Avenue bulkhead. The proposed action adds both of these areas to the list of free fishing areas in Maryland. | ||||||
| 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 |
| Pilot Program | Permanent | March 5, 2012 | March 23, 2012 | None | April 23, 2012 | May 28, 2012 |
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COMAR 08.02.01.10 The purpose of the proposed action is to create a pilot program permit structure for future commercial fisheries pilot programs. The Department of Natural Resources proposes to conduct certain voluntary pilot projects for practical demonstration and evaluation of alternative fisheries management and harvest methods to increase harvest accountability as well as efficiency and value within the fishery. Current fisheries management is burdened by historical management practices largely developed over the last 100 years. Regulatory practices necessary to support that system lack flexibility in application and are often too complex for easy understanding. Typically fisheries today are managed by requiring inefficiency of harvesters. With each regulatory step, harvesters attempt to regain efficiency through unforeseen loopholes or advances in harvest techniques which outpace the regulation. Management agencies respond with additional regulations – and the cycle continues. The Department believes the regulatory burden on both management agency and harvesters can be significantly reduced by emphasizing improved harvest accountability techniques and resulting increased efficiency value in the fishery. However, rather than temporarily create additional regulations that only apply to permit holders, the Department proposes to conduct pilot projects developed in cooperation with the commercial fishing industry. Individuals participating in these projects would receive permits from the Department. The permits would specify the details of the project. Additionally, Natural Resource Police would be informed of all permit holders and projects. Pilot projects for demonstration and evaluation of alternative accountability practices would greatly enhance development and application of improved management practices. | ||||||
| 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 |
| Tautog | Permanent | January 9, 2012 | December 23, 2011 | None | February 27, 2012 | April 2, 2012 |
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COMAR 08.02.05.20 The purpose of the proposed action is to bring Maryland into compliance with the Atlantic States Marine Fisheries Commission's (ASMFC) Addendum VI to the Interstate Fishery Management Plan for Tautog. The 2011 tautog stock assessment update estimated that the tautog stock is overfished. Addendum VI established management measures in order to promote stock rebuilding. Based on decisions made over the course of the last year at the ASMFC Tautog Management Board, Maryland is required to implement regulation changes that result in a 49% reduction in harvest in our Tautog fishery. The reduction is based on the average harvest from 2008 and 2009. ASMFC did not specify which changes must be made, allowing states some flexibility; however, they stated that reductions in the fishery must be achieved through size limit increases in whole inch increments, possession limit decreases, seasonal closures of at least 14 days, or a combination of those factors. | ||||||
| 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 |
| Oysters — Power Dredge Study Areas | Emergency and Permanent | January 9, 2012 | January 27, 2012 | None | February 27, 2012 | Emergency: Pending Approval Permanent: April 2, 2012 |
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COMAR 08.02.04.12 The purpose of the proposed action is to establish a power dredge study zone in Dorchester County to study the impacts of the power dredge fishery on oyster populations. The Department's criteria for the study included: 1) identification of zones in a range of salinities (low, medium and high) in Maryland; 2) each power dredge study zone consisted of no more than 600 acres of bottom; and 3) the bottom was currently not productive. Baseline information (i.e. physical characterization of bottom and biological/ecological data) is being collected and upon opening the area 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. | ||||||
| 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 |
| Commercial License Targets | Permanent | December 23, 2011 | January 13, 2012 | None | February 13, 2012 | March 19, 2012 |
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COMAR 08.02.01.05 The purpose of the proposed action is to modify the number of commercial fishing license authorization targets. Modifications to the authorization targets reflect the number of tidal fish license conversions and the number of licenses the Department purchased from license holders. The number and type of authorizations relinquished and those purchased by the Department provide the basis for changes to the license authorization target levels. Specific authorizations that had no conversions remain unchanged. The tidal fish license conversions occurred during the 2010/2011 license renewal period and are correct as of May 22, 2011. There were 21 upgrades to an unlimited tidal fish license (TFL). The authorizations relinquished in order to upgrade to the TFL consisted of 6 resident fishing guide (FGR), 12 finfish-hook and line (HLI), 8 unlimited finfish harvester (FIN), 21 limited crab harvester (LCC), 1 clam harvester (CLM) and 15 oyster harvester (OYH). The license buy backs occurred during the period December 4, 2010 through November 30, 2011. During that period the Department purchased 22 LCC, 9 crab harvester-300 pots (CB3) and 82 TFL authorizations from license holders. The proposed action also creates a section for license buy backs. This section states that the target will be reduced for any authorization purchased back from a license holder by the Department. | ||||||
| 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 |
| Crabs — unfreeze LCC licenses Proposal | Permanent | December 23, 2011 | January 13, 2012 | 2/2/11 at 6pm Tawes State Office Building, C-1, 580 Taylor Ave., Annapolis, MD 21401 | February 13, 2012 | March 19, 2012 |
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COMAR 08.02.03.14 The purpose of the action is to unfreeze limited crab catcher licenses (LCC) in accordance with the requirements in COMAR 08.02.03.14F. The 2011 Winter Dredge Survey estimated the Bay wide abundance of spawning-age crabs to be 254 million animals, making it the third consecutive year that the spawning component of the crab population has exceeded the interim target of 200 million crabs (223 million in 2009, 315 million in 2010 and 254 million in 2011). Restoring the eighty frozen LCCs to full active status would have negligible impact on annual harvest or on the health of the stock. Since 2009 when the licenses were frozen, two license buy back programs, one for TFL (unlimited tidal fish)/CB3 (300 crab pot) licenses the other for LCCs, have permanently removed 765 (683 LCC's and 82 TFL/CB3's) licenses from the pool of available licenses, and 452 latent LCC holders chose to have their licenses permanently limited to harvest only males. These additional actions have eliminated the potential use of 88,850 crab pots for mature female harvest. Returning the 80 frozen LCC's to active status would allow the potential of 4,000 pots or 0.5% of the 88,850 potential crab pots that have been removed or restricted to become active. This potential effort is negligible and does not impede conservation efforts. The license holders will be constrained by female bushel and season limits. | ||||||
| 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 |
| PSFA Declassification | Emergency & Permanent | October 3, 2011 | October 21, 2011 | None | November 21, 2011 | Emergency Effective – October 10, 2011 – April 6, 2012 Permanent Effective - December 26, 2011 |
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The purpose of the action is to incorporate by reference "Public Shellfish Fishery Areas of the Chesapeake Bay and Its Tidal Tributaries (August 2011)". This document contains coordinates for all public shellfish fishery areas (PSFA) in the Chesapeake Bay and its tidal tributaries. The Department received an application for a 19.4 acre submerged land lease in September of 2010. The proposed lease site is located within PSFA 119 which is located in the Patuxent River. Since a lease may not be located in a PSFA, the lease applicants petitioned the Department to declassify the proposed lease site portion of PSFA 119. COMAR 08.02.04.17 sets forth requirements for declassifying a PSFA. The application has undergone extensive resource review and the area was found to meet the established criteria. The biological survey conducted by the Department resulted in an average density of 0.43 oysters/m2, which indicates that the area is no longer viable for the commercial fishery. The proposed lease site will establish an aquaculture operation consistent with the Governor's Aquaculture Initiative. In addition, the operation will result in rehabilitated oyster bottom that can support oysters, another long term goal of the Department. The proposed action amends coordinates for PSFA 119 to exclude the 19.4 acre submerged land lease area. | ||||||
| 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 |
| Inland Fisheries | Permanent | November 14, 2011 | December 2, 2011 | None | January 3, 2012 | Feburary 6, 2012 |
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Add Boonsboro Pond in Washington County to the list of Trout Fishing Areas Limited to Fishing by Persons under 16 Years Old, 65 Years Old and Older, and Blind Persons. The pond was built in 2006 and is situated behind the Boonsboro Free Library on MD-Route 34. The pond is used for many children's events and the town of Boonsboro requested this regulation designation to serve children, seniors and blind citizens. | ||||||
| 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 |
| Felt Definition | Permanent | November 14, 2011 | December 2, 2011 | None | January 3, 2012 | Feburary 6, 2012 |
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Defines what a felt is in order to clarify current ban for enforcement purposes. Felt will be defined to include all felt or felt-like materials. | ||||||
| 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 |
| Penalty Regulation Changes | Permanent | December 12, 2011 | December 30, 2011 | None | January 30, 2012 | March 5, 2012 |
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The action would add one new point to the commercial point schedule under Tier III (15 points) for harvesting striped bass in a closed area. The action would add one new penalty to the 90 days suspensions under the recreational suspension regulation for possession of undersized hard crabs (6-10 per bushel). The action would add two new penalties to the 180 days suspensions under the recreational suspension regulation for possession of undersized nontidal fish (50-99% of creel limit) and possession of undersized hard crabs (11-15 per bushel). The action would add three new penalties to the 365 days suspensions under the recreational suspension regulation for possession of striped bass in a closed area, possession of undersized nontidal fish (100% or more over creel limit), and possession of undersized hard crabs (16 or more per bushel). Additionally, the action adds a three year suspension for individuals caught fishing on a suspended recreational license. The action also adds a penalty to the Tier III (15 points) of the Charter Boat and Fishing Guide penalty system for nontidal water minimum or maximum size limit violations. Additionally, we are making a number of housekeeping changes to correct different citations to the Maryland Code and COMAR, as well as mistakes in the three penalty systems. | ||||||
| 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 |
| Oysters | Emergency & Permanent | October 17, 2011 | November 4, 2011 | None | December 5, 2011 | Emergency Effective - August 18, 2011 – February 14, 2012 Permanent Effective – January 9, 2012 |
Standardization of Bushel Containers and Oyster TaggingThe Department is proposing to add new regulations to bring Maryland in line with FDA requirements under the National Shellfish Sanitation Program's shellstock identification and traceability requirements. The regulation includes:
Note: Permanent regulation corrects references that relate to skipjacks and clarify that tagging and container requirements apply only to commercial and leases. | ||||||
| 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 |
| Water Column Leasing | Emergency & Permanent | October 17, 2011 | November 4, 2011 | None | December 5, 2011 | Emergency Effective July 1, 2011 – December 29, 2011 Permanent Effective – January 9, 2012 |
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The proposed action adds water column leases to regulation in accordance with HB1053/SB847. These cross-filed bills allow the Department to issue water column leases. The proposed action will correct existing leasing text to include water column leasing by the Department. There are a few minor changes from the emergency proposal that is currently effective. Changes are for clarification purposes and a reference to DHMH regulations for vibrio control measures is added. | ||||||
| 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 |
| Oysters — Leasing in Sanctuaries | Emergency and Permanent | July 11, 2011 | July 29, 2011 | None | September 29, 2011 | Effective: Emergency 7/20/11 Permanent 1/9/12 |
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COMAR 08.02.04.15 The purpose of this action is to allow shellfish leasing in oyster sanctuaries except for historic oyster bars as defined by the Yates survey (1906 to 1912) as specified in House Bill 208 from the 2011 General Assembly Session. Prior to the passage of House Bill 208, the law prohibited leases from being within the boundaries of a sanctuary unless the leases were issued before the sanctuaries were designated. The 2010 regulations changed sanctuary areas to include a larger network of oyster sanctuaries. Aquaculture leasing in sanctuaries under specified conditions can be compatible to restoration by adding to localized water quality improvements, providing ecosystem functions through habitat creation, and potentially enhancing natural recruitment within the sanctuary if reproductive oysters are used for aquaculture. The action allows leasing in sanctuaries, prohibits leases from within 150 feet of an historic Yates bar in a sanctuary, and in order to mitigate stakeholder concerns regarding the potential for illegal harvesting in sanctuaries, establishes a limit of 10% on the amount of leased area allowed within a sanctuary. | ||||||
| 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.