The information provided on this webpage is a summary of regulatory ideas and proposals that are being considered by the department. The purpose of posting this text is to make the public aware of the issues and to elicit public feedback on these ideas. Comments on the ideas presented provide the department with invaluable information and perspectives that may be incorporated into content or editorial changes. We appreciate your time and your commitment to Maryland's natural resources. The graphic within each topic will help you follow the change through the regulatory process. Learn our terminology…Scoping, Development, Comment Period, Final Decision, Effective.

Learn How to Get Involved with Fisheries Rulemaking.

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Click on a title below to be taken to a regulation change.

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The department would like to make the rules for Atlantic surfclams consistent with federal waters. Atlantic surfclams are harvested from federal waters and landed in Maryland. The rules should be consistent with federal waters.

This requires:

1. Updating the name — surfclam is one word, not two; and
2. Requiring individuals to follow the federal rules.

• View the Summary

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The department is considering originally considered prohibiting the use of select sportfish species (largemouth bass, smallmouth bass, walleye, muskellunge, and all species of trout) as bait (live or cut bait). This restriction would apply in all Maryland waters.
After feedback from the public and further internal review of the original concept, the department is now also considering prohibiting northern pike, pickerel, striped bass, striped bass hybrids, and tiger muskellunge as bait, in addition to the original list of species.

• View the Summary - UPDATED 7/26/2021

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The department is considering clarifying the 300-crab pot limit in Maryland's Coastal Bays COMAR 08.02.03.07D(6).

• View the Summary
• View the Compliance Guide

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The department is considering changes to the commercial trotline time restrictions in the Chesapeake Bay and its tidal tributaries as well as clarifying rules pertaining to handlines, eel pots, and commercial licensing.

• View the Summary
• View the Proposal
• A Public Hearing was held on December 8
• Adopted as Proposed - Effective 2/7/2022

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The department is considering rewriting the crab pot line regulation COMAR 08.02.03.07E—H in a simpler, more effective, and accurate manner.

• View the Summary
• View the Compliance Guide

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The purpose of this action is to clarify the crab pot line at the mouth of St. Jerome’s Creek in St. Mary's County.The department is also removing duplicative language related to commercial licensing requirements.

• View the Summary and Compliance
• View the Proposal
• A public hearing was held via video conference on January 27, 2022
• Adopted as Proposed - Effective March 21, 2022

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The National Marine Fisheries Service requires all recreational anglers to report bluefin tuna, billfishes, and swordfish. Additionally, all landed sharks (except spiny dogfish) are required to be reported in Maryland. The catch card census program is used to meet this requirement.

The department would like to make it easier for recreational anglers to comply with the catch card census program’s reporting and tag requirements and is considering the following changes:

1. Allow a shark caught from shore to be moved from the point of landing to the nearest catch card census reporting station where a catch card must be returned and exchanged for a tag.
2. When a catch card census reporting station is closed, allow an angler to retain the receipt from the completed catch card instead of obtaining a tag.

• View the Summary

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The department is planning to incorporate the Fishery Management Plan for Tidewater Catfish (December 2021) into regulation.

• View the Summary
• View the Proposal
• Adopted as Proposed - Effective 8/8/2022

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The department is considering modifying the reporting requirements for commercial licensees who operate charter boats.

• View the Compliance Guide and Summary
• View the Proposal

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The department is considering moving the boundary of the Delayed Harvest Area on Catoctin Creek in Frederick County from the boundary of Catoctin Creek Park at the Sumantown Road Bridge upstream 200 feet.

• View the Summary

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The department is considering allowing the possession and use of cut bait in nontidal waters. Although cut bait is widely used and accepted as a method of catching catfish, current regulations prohibit its use in nontidal waters. The department is considering allowing it with the following restrictions:

1. Only fish with no minimum size restrictions can be used as cut bait.
2. An angler may possess no more than two pounds of cut bait at any time.

• View the Summary

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The department would like to create definitions for daily creel limit, possession limit, and bait fish in nontidal waters.

• View the Summary

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The department is considering removing certain special regulations for 24 impoundments across the State. The regulations for those impoundments will transition from the special regulations to the statewide general regulations. Current special regulations have not met statewide management objectives for black bass. Reverting to statewide regulations in several areas will simplify regulations and remove unnecessary angling restrictions.

• View the Summary
• View the Proposal
• Adopted as Proposed - Effective December 27, 2021

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The purpose of this action is to adjust the commercial hook and line fishing line in the Susquehanna River. Currently, the line is at the mouth of Deer Creek. The change would move that line upstream to the northernmost tip of Rowland Island.

• View the Summary and Compliance Guide
• View the Proposal
• Adopted as Proposed - Effective March 21, 2022

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TThe department is proposing to adopt a definition for “shortline,” a specific type of finfish trotline gear used to harvest sharks, and to remove the requirement that a licensed commercial harvester obtain an additional permit in addition to use finfish trotline gear with an applicable fishing license

• View the Summary and Compliance Guide

 

 

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The department is considering changing the timeframe required to activate pound net sites at a regional service center. Pound net site activation would be now be for the license year and would be able to be conducted during license renewal, at the same time as other administrative processes are completed for the upcoming license year.

• View the Summary and Compliance Guide
• View the Proposal
• Adopted as Proposed - Effective March 21, 2022

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The department is considering adding residences to the safety zone list for projectile gears.

• View the Summary
• View the Compliance Guide

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The department is considering adopting a definition for “shortline”, a specific type of finfish trotline gear used to harvest sharks.

• View the Summary and Compliance Guide for Shortlines
• View the Summary and Compliance Guide for Finfish Trotlines
• View the Proposal
• Sumit Comments by completing this Comment Form by 11:59 p.m. October 24, 2022

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The department is considering the establishment of a Fish Propagation Area on the North Branch of the Potomac River. The area covered by this designation would begin at the upstream end of the upper Catch and Release Management Area and continue upstream to the outfall of Jennings-Randolph Reservoir.

• View the Summary
• View the Proposal

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The department wants to establish a put-and-take Trout Fishing Area on Little Pipe Creek in Carroll County, MD.

• View the Summary

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The department would like to change the start time for trout fishing on the opening day of trout season from 5:30 a.m. to 6:30 a.m. in all of the Closure 1 and Closure 2 put-and-take trout areas. Other areas – which are not subject to closure – would not be affected.

• View the Summary

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The department is considering the removal of Jones Falls from the Youth, Senior, and Blind Fishing Areas list.

• View the Summary

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The department is considering adding a youth-only fishing day for trout on the Saturday prior to the traditional opening day (last Saturday in March), beginning at 6:30 a.m. This would be limited to the Closure 1 put-and-take trout areas and have a creel of two fish per day. Other trout management areas will remain unaffected by this change.

• View the Summary

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The department is considering clarifying the culling rule for oysters. The current culling law language has been interpreted in a variety of ways that has led to confusion regarding how to properly cull oysters. The changes under consideration would make it clear to all affected parties which oysters must be returned to the oyster bar, which oysters may be retained, and which oysters would be included in the calculation of the percentage of undersized oysters.

• View the Summary and Compliance Guide
• View the Proposal

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The department would like to establish regulatory criteria that can be used to create new Public Shellfish Fishery Areas (PSFA) and expand existing PSFAs when physical, biological and economic conditions warrant maintaining these areas for public access to shellfish resources.

Criteria being considered are described in the Summary and Compliance Guide.

• View the Summary and Compliance Guide

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The department is considering removing its oyster harvest reserve area regulations and the designation of two areas as harvest reserve areas.

• View the Proposal
• View the Summary and Compliance Guide
• Adopted as Proposed - Effective September 5, 2022

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The department regularly updates its penalty schedule under the advice of the Sport Fisheries Advisory Commission/Tidal Fisheries Advisory Commission Joint Penalty Workgroup. The workgroup recommended changes to the commercial and recreational penalty systems. Please view the summary to see the changes the department is considering.

• View the Summary

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The department is considering adding catfish to the list of species for which the department may conduct a pilot program.

• View the Summary and Compliance Guide
• View the Proposal
• Adopted as Proposed - Effective 8/8/2022

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The department is considering repealing all of our Shell Recycling Tax Credit regulations.

• View the Summary and Compliance Guide

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The department is considering changes for the oyster and clam (soft-shell and hard-shell) regulations that will ensure compliance with the National Shellfish Sanitation Program’s Model Ordinance.

Natural Resources Article, §4-1027, Annotated Code of Maryland, authorizes the department, in consultation with the Maryland Department of Health, to adopt regulations to carry out the requirements of the National Shellfish Sanitation Program (NSSP). Under federal law, the state is required to comply with the NSSP for shellfish harvest and sale in order to participate in interstate commerce of shellfish.

• View the Summary and Compliance Guide

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The purpose of this action is to allow commercial harvesters the ability to use gear which they are currently licensed to use to commercially harvest shrimp. The action would also allow the department to develop a framework that will be used to create a pilot program for further investigations of the shrimp fishery in Maryland.

• View the Summary and Compliance Guide
• View the Proposal
• Adopted as Proposed - Effective March 21, 2022

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The department is proposing rules for spot to maintain compliance with the Atlantic States Marine Fisheries Commission (ASMFC).

Spot are currently managed under the Omnibus Amendment to the Spot, Spotted Seatrout, and Spanish Mackerel FMPs, Addendum II, and Addendum III. According to Addendum III management action has been triggered and states are required to implement coastwide regulations for the entire fishery (recreational, charter/head boats, and commercial).

• View the Summary and Compliance Guide
• View the Proposal
• Adopted as Proposed - Effective June 14, 2021
• Spot Regulations and Spot Penning – Clarifications

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The purpose of this action is to establish an in-season closure period for the striped bass recreational and charter boat fishery and create a definition for target. The proposed action establishes a closure period that begins July 16 and ends July 31. The proposed action also establishes a definition of the term target. Target means to catch or attempt to catch.

This action will ensure Maryland’s compliance with the Atlantic States Marine Fisheries Commission Interstate Fishery Management Plan for Atlantic Striped Bass.

• View the Summary and Compliance Guide
• View the Proposal
• A Pubic Hearing was held at 6 p.m. January 27, 2021 via webinar. There were 47 attendees.​
  
• Public Hearing Agenda and Meeting Connection Information
• Adopted as Proposed - Effective May 31, 2021

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