The department would like to add Alabama bass and spotted bass to its list of prohibited species. If added a person may not import, transport, purchase, possess, propagate, sell, or release them into State waters.
Alabama bass (Micropterus hensalli) is an aggressive species that can rapidly become abundant when introduced into an ecosystem, competes with other black bass for food, and can genetically pollute populations of smallmouth bass (M. dolomieu) and largemouth bass (M. salmoides)
Because Alabama bass and the more widespread, spotted bass (M. punctulatus) were once considered the same species, can be indistinguishable to the naked eye, and regularly hybridize in Tennessee and Georgia, the department is including spotted bass in order to prevent introduction of it or hybrids.
OUT OF STATE FINFISH SUPPLIERS
COMAR 08.02.01.16
The purpose of this action is to remove the requirement that an individual submit an application for an out-of-state finfish supplier permit at least 45 days in advance of needing the permit. A person will still have to complete an application prior to supplying finfish to someone in Maryland, but the proposed action removes the specific timeframe. Due to the implementation of an electronic application process, the requirement is no longer necessary. Department staff are now able to issue a permit within days after receiving an application, provided that all the required supporting documentation is supplied with the application. This change will simplify the process for out-of-state suppliers and Maryland constituents that have submitted pond stocking permit requests and will provide flexibility for new suppliers to quickly enter the market.
OYSTERS – Patent Tong Line
COMAR 08.02.04.01
The department proposed a regulation to revise the patent tong line in the Patuxent River. Specifically, the proposed action adds approximately 8 acres to the existing patent tong area. The Department received a request to change the patent tong line in the lower third of the Patuxent River to include a small area of oyster bottom. The area being added is currently open to harvest by hand tong and by diving. After evaluation, the Department concluded to proceed with the request because other gears are allowed in the area and patent tonging occurs broadly over the entire surrounding area. The boundaries of Neal Addition Sanctuary, surrounded by the patent tong area, are not changing.
OYSTERS AND SHELLFISH AQUACULTURE – PSFA Declassification
COMAR 08.02.04.17
The purpose of this action is to incorporate by reference Public Shellfish Fishery Areas of the Chesapeake Bay and Its Tidal Tributaries (November 2019). This document designates each public shellfish fishery area (PSFA) located in the Chesapeake Bay and its tidal tributaries. The proposed action: 1) makes a correction to PSFA 119; and 2) declassifies portions of four PSFAs (PSFA 134, 136, 140, and 156) to allow for shellfish aquaculture. The Department’s resource surveys of the areas indicate that all of the areas meet the minimum criteria for declassification, are therefore no longer viable for the commercial fishery, and may be declassified. Since a lease is not allowed to be located within 150 feet of a PSFA, each declassification includes the proposed lease area and the required 150 foot buffer around the proposed lease. The buffers will remain open to oyster harvest following declassification. Once the areas are declassified, the department will issue shellfish aquaculture leases to the applicants.
PENALTIES
COMAR 08.02.13.03, .05, .08, and .10
The purpose of this action is to update the commercial, recreational, charter, and seafood dealer license suspension and revocation schedules. This update will better deter potential violators from committing illegal acts, protect the State’s fisheries resources, and update certain references to statute and regulation. Prior to considering changes or updates to the penalty regulations under COMAR 08.02.13, the department consults with the Joint Penalty Workgroup of the Tidal and Sport Fisheries Advisory Commissions.
SCUP
COMAR 08.02.05.22
The purpose of this action is to update requirements for scup. Specifically, the proposed action updates:
- The thresholds that require a certain mesh size in a trawl. This change will keep Maryland in compliance with the Atlantic States Marine Fisheries Commission Summer Flounder, Scup, and Black Sea Bass Fishery Management Plan and consistent with federal waters.
- The format for public notices issued to implement the Atlantic States Marine Fisheries Commission’s Fishery Management Plan for Scup. This change makes scup consistent with other species managed by a fishery management plan.
SHELLFISH (Oysters, Hard-Shell Clams, and Soft-Shell Clams) - NSSP RequirementsCOMAR 08.02.02, COMAR 08.02.07, and COMAR 08.02.08
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.
SPOT
The department needs to adopt rules for spot to be in 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).
STRIPED BASS — Chesapeake Bay Commercial Transfer Cap
COMAR 08.02.15.04
The department is considering removing the cap on the amount of striped bass shares that can be permanently transferred within a single year by a permittee registered in a Chesapeake Bay commercial striped bass fishery. Removing the annual transfer cap would allow a permit holder to sell or buy up to that maximum amount in one transaction, rather than having to break it up in multiple transactions over multiple years.
The cap on how much of the total fishery can be owned still exists so that no one person can own more than 1% of the Chesapeake Bay fishery.
STRIPED BASS — Commercial ITQ Fishery
COMAR 08.02.15.07
Changes for the ITQ fishery were scoped from June 15 through June 30, 2020. The striped bass industry workgroup requested that additional changes be made for the hook and line fishery.
The department is considering the following for the commercial striped bass Chesapeake Bay Individual Transferable Quota (ITQ) hook and line fishery:
- Remove the prohibition for fishing on Friday. Currently, permittees are prohibited from fishing with hook and line on Friday, Saturday, and Sunday.
- Extend the fishing hours to one hour after sunset. Currently, permittees must quit fishing by sunset.
No additional harvest will be permitted. These changes do not increase a permittee’s harvest, they allow permittees to have additional choices for harvest and will allow them to time their fishing activity to meet market demands. These changes are consistent with the Chesapeake Bay ITQ fishery priorities by providing greater business flexibility without increasing harvest.
STRIPED BASS - Recreational In-Season ClosureCOMAR 08.02.15.12
The department is considering:
- Three options for the recreational in-season closure period.
- July 16 through July 31;
- July 23 through August 7; or
- August 16 through August 31
- Creating a definition for target.
The department adopted regulations to implement reductions required by the Atlantic States Marine Fisheries Commission (ASMFC) earlier this year, however the in-season closure period for the recreational fishery was only for the year 2020 and needs to be updated for the future. During a closure period, anglers would not be allowed to target striped bass. Target means to catch or attempt to catch striped bass or striped bass hybrids.
STRIPED BASS — Recreational Summer and Fall Fishery
COMAR 08.02.15.09, .10, and .12
The purpose of this action is to implement Addendum VI to Amendment 6 of the Atlantic States Marine Fisheries Commission Interstate Fishery Management Plan for Atlantic Striped Bass. The proposed action amends the catch limit, size limit, and season to reduce total removals of striped bass during the recreational and charter boat summer and fall fishery in Maryland’s Chesapeake Bay and its tidal tributaries.
STRIPED BASS — Recreational Spring Fishery
COMAR 08.02.05.02; COMAR 08.02.15.01, 03, .08, .09, .10, and .12; COMAR 08.02.25.03
The purpose of this action is to:
- Put the rules (hook requirements, sizes, and seasons) for the recreational fishery that were in place only for 2018 and 2019 into place for future years.
- Change the start of the recreational and charter boat spring season (trophy season) to May 1.
- Prohibit catch and release or targeting striped bass from April 1 through April 30.
SUBMERGED AQUATIC VEGETATION
COMAR 08.02.01.12
The proposed action makes revisions to the Submerged Aquatic Vegetation Protection Zones. Zones are being revised using data from aerial surveys compiled by the Virginia Institute of Marine Sciences (VIMS). This action adds 16,872 acres of protection zones and removes 2,787 acres, for a total increase of 14,085 acres.
SUBMERGED AQUATIC VEGETATION - Housekeeping
COMAR 08.02.01.12
What is being considered?
The department needs to make corrections in certain submerged aquatic vegetation protection zones. Amendments to the zones became effective June 2020. Maps of the areas are being created so that you can have a visual description of each area rather than just the coordinates. During the mapping process, errors or points needing clarification were found within the text. Please view the summary for details.
TAUTOG
COMAR 08.02.05.20
The purpose of this action is to implement the Atlantic States Marine Fisheries Commission Amendment 1 to the Interstate Fishery Management Plan for Tautog. Specifically the proposed action (1) modifies the season and catch limits for the commercial and recreational fishery; (2) reorganizes the regulation for clarity by creating a commercial section which includes requirements that only apply to commercial harvesters; (3) updates the degradable materials required for pots and traps to better describe the language in the management plan; (4) establishes new regulations to implement a commercial tagging program; and (5) updates the public notice requirements for consistency with other species managed in accordance with Atlantic States Marine Fisheries Commission guidelines.
ZEBRA MUSSELSCOMAR 08.02.19.04
The department would like to remove the zebra mussel-free bait certification regulation. After a review of regulations, the department has determined that this regulation is not necessary. Zebra mussels are prohibited in Maryland by several other regulations (see below for details).