CURRENT FISHERIES SERVICE REGULATORY PROPOSALS

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The purpose of this action is to amend the size and creel limits for the taking of summer flounder. The Atlantic States Marine Fisheries Commission (ASMFC) adopted conservation equivalent measures that require state-specific management plans for 2008. Maryland must implement management measures to achieve a 56.7% summer flounder harvest reduction, lowering the recreational summer flounder harvest to 60,519 fish. Emergency status for the regulation is requested in order to meet the ASMFC requirements in time for the summer flounder harvest season.

After meeting with the public, including Chesapeake Bay charter boat captains and recreational fishermen, the public feedback was equally split between two options.  One option would create a 3 fish creel and 17 ½ inch minimum statewide and the second option was to split the state, allowing a 3 fish creel and 17 ½ inch minimum in the Atlantic Ocean and Coastal Bays and 1 fish creel and 16 ½ inch minimum in the Chesapeake Bay and its tidal tributaries.  The public feedback and options were taken to the Sport Fisheries Advisory Commission, which recommended to the Department that the split creel and size limit option be proposed.  Based on this advice, the proposed action changes the minimum size limit to 16 ½ inches and changes the creel to 1 fish for the Chesapeake Bay and its tidal tributaries and changes the minimum size to 17 ½ and changes the creel to 3 fish in the Atlantic Ocean and Coastal Bays. The commercial hook and line requirements for minimum size have also been changed to match the recreational requirements.

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The proposed action decreases maximum gauge size for female lobsters from 5 ½” to 5 ¼”. Creates 5 ¼” maximum gauge size for male lobsters – previously there was not a maximum gauge size for males. Maryland was previously recognized as a de minimus state and was not required to comply with the male maximum sizes. The new addendum to the ASMFC management plan requires that all states comply with maximum sizes, regardless of the size of the fishery. The v-notch definition for females is being changed from ¼” to 1/8” with or without setal hairs to comply with the ASMFC definition. Amendments are required by ASMFC to be effective by July 1, 2008.

May 20, 2008 at 6:00 P.M. at Tawes State Office Building C-1 Confernece Room, 580 Taylor Ave., Annapolis, MD

July 17, 2008

The purpose of this action is to add an exception to the pound net certification requirement for striped bass permittees. This action will allow a beneficiary of a license and a striped bass permit to receive that permit without having to re-certify a pound net. The action also requires that striped bass caught by commercial hook and line be tagged immediately at point of harvest and striped bass caught in a pound net must be tagged within 100 yards of the net. The proposed action additionally prohibits more than one type of striped bass tag and permit card be allowed on a vessel at any one time. These actions will aid enforcement of the gear specific quotas.

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Upon AELR Approval

• Creates definitions for “carapace” and “the wild”. A definition for “the wild” was created because snapping turtles can be collected from land or water.
• Lists methods of catching snapping turtles that are prohibited. Most of this is currently in the regulation, but it makes it more clear for nontidal waters.
• Defines how to measure a snapping turtle.
• No closed season.
• States that a person may not possess, destroy or disturb snapping turtle eggs.
• A person may not disturb the nest of a snapping turtle.
• Commercial minimum size of 9 ½”.
• Clearly states that a person may not harvest snapping turtles from nontidal waters for commercial purposes.
• Creates a permit in order to ensure better reporting and gain valuable data on snappers.
• Noncommercial and Pets (consistent with all other species of turtles in Wildlife regs)
• Minimum size of 4”.
• May not possess more than 1 taken from the wild.
• Allows for exceptions for Scientific Collection Permits, Landowner Wildlife Damage Control Permits and Commercial Wildlife Damage Control Permits.

LEGISLATIVE UPDATE
The following is a synopsis of bills that affect Fisheries Service. A complete copy of a bill may be obtained on the General Assembly Web site.

PASSED

HB 226 - Department of Natural Resources – Regulation of Bait

This bill establishes authority to define species that may be imported, transported, sold and used as bait in the State. Currently, the Department only has the authority to list the species of bait that may be harvested and sold from tidal waters of the State. Also, this bill repeals Natural Resources Article, 4-11A-19, Annotated Code of Maryland which requires a license to sell live bait in Montgomery, Washington, and Frederick counties and sets limits on the size, species, and number of bait fish that may be sold. 

HB 229 – Fishing – Reciprocal Angler’s Licenses

Maryland and West Virginia have a Compact that provides for West Virginia residents who possess a valid West Virginia fishing license to fish by angling in the waters of the North Branch of the Potomac River and Jennings Randolph Lake opposite the West Virginia shores, without obtaining the Maryland license.  This bill will clarify the residency and geographical area is limited to the opposite shore for both Virginia and West Virginia.  The bill will apply consistent reciprocity provisions to the mainstem of the Potomac River, the North Branch, and Jennings Randolph Lake as provided in the Compact. The amendment is a clarifying amendment for Pennsylvania residents.

HB 612- Property Tax Assessment - Commercial Waterfront Property (Cross-filed SB 676)

The bill as amended would authorize the governing body of a county or locality jurisdiction to grant a tax credit against county or municipal corporation property tax imposed on certain commercial waterfront property.  The governing body would also be able to provide for the amount and duration of the credit and certain other provisions to carry out the credit.

HB 630 - Nonnative Nuisance and Naturalized Organisms – Regulatory Management Authority            

The bill would expand the regulatory authority of the Department over nuisance organisms to include the sale, transport, introduction, possession, harvest, season, size limits, open areas, catch devices, and introduction of nuisance organisms. 

HB 1436 - Fishing Restrictions Net Setting

This bill lowers the minimum distance a person is prohibited from setting fyke nets, fish pots, or a string of fyke nets from any other net in the Chesapeake Bay from 1650 feet to 500 feet, prohibits a person from setting a fyke net or connected line of fyke nets longer than 1500 feet, and prohibits setting fyke nets, fish pots, or a string of fyke nets at a distance greater than one fourth the distance across the bay.

HB 1493 - Calvert County – Authorization to Harvest Seafood and Engage in the Seafood Industry            

This bill would authorize the governing body of Calvert County to adopt an ordinance, resolution, or regulation or take other action to authorize a person to engage in certain activities related to the seafood industry and to harvest seafood and would clarify that the governing body of Calvert County is required to hold a public hearing and obtain the written consent of the Secretary of Natural Resources before adopting a certain ordinance, resolution, or regulation.

HB 1498 - Calvert County - Soft-Shell Clam Harvesting

The bill alters the distances from the Calvert County shoreline a person may not catch or attempt to catch soft-shell clams with a hydraulic dredge from 50 feet to 150 feet.

HB 1504 - Department of Natural Resources - Shell Dredging - Permit Application (Cross-filed SB 930)

If the Oyster Advisory Committee recommends that the Department of Natural Resources apply to the United States Army Corps of Engineers for a permit to dredge for buried oyster shells, this bill, as amended, requires the Department to do so on or before December 1, 2008.

SB 104 - Working Waterfront Commission- Reporting and Sunset Extension

The bill extends the date by which the Working Waterfront Commission must make its findings and recommendations to the Governor from December 15, 2007 to December 1, 2008. Accordingly, the bill also extends the termination date of the Commission from May 31, 2008 to December 31, 2008.

FAILED

HB 19 - Income Tax Credit – Oyster Restoration Activity (Cross-filed SB 32)
Hearing 2/6/08 11am - Environmental Matters

This bill will allow an individual participating in oyster restoration activities defined as transporting and depositing oyster seed, dredging to clean silted oyster bars, or planting oyster shells to improve oyster habitat, to claim a tax credit against their State income tax return.  There are specific requirements to receive the credit, including certification of the performance by the Department, the Oyster Recovery Partnership, or the University of Maryland Center for Environmental Sciences.

SB 673 Clammers - Clamming Appliances and Income - Compensation 
3/24/08 – Unfavorable Report - Education, Health and Environmental Affairs                                       

This bill establishes a Clammers' Compensation Program and Clammers’ Compensation Committee in the Department of Natural Resources which requires the Department to compensate eligible clammers for fair market value of equipment and diminished earning capacity due to the prohibition on the use of certain clamming appliances. The bill requires the Department to provide staff for the Committee who would determine which clammers may receive compensation and the amount of compensation each clammer may receive.

SB 930- Shell Dredging- Permit Application (Cross- filed HB 1504 which passed)
Hearing 4/3/08 1pm – Education, Health and Environmental Affairs

The bill requires the Department of Natural Resources to apply to the United States Army Corps of Engineers for a specified permit to dredge fossil oyster shells.