Changes to Fishing Regulations

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.

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

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The proposed action removes the American Eel Harvest Permit, all reporting requirements for the permit, and penalties related to the permit. This action is supported by the industry and the Atlantic States Marine Fisheries Commission.

• View the Proposal
• Adopted as Proposed - Effective 10/7/2019

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The purpose of this action is to reopen the commercial black drum fishery within the Chesapeake Bay at levels commensurate with other south Atlantic states. Currently, the commercial harvest of black drum is prohibited in the Chesapeake Bay which is the most conservative management among the south Atlantic states. The Atlantic States Marine Fisheries Commission approved Addendum I to the Black Drum Interstate Fishery Management Plan which allows Maryland to reopen its black drum commercial fishery in the Chesapeake Bay. Reopening the commercial fishery is justifiable now because the Atlantic States Marine Fisheries Commission has classified the black drum stock as healthy and the limited Maryland harvest would have a negligible impact on coastwide harvest.

• View the Proposal
  
• Adopted as Proposed - Effective 2/25/19
• Atlantic States Marine Fisheries Commission's Addendum I to the Black Drum Interstate Fishery Management Plan

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The department needs to correct the minimum size for the commercial black drum fishery in the Atlantic Ocean.

• View the Summary
  

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Black sea bass traps or pots must contain a ghost panel affixed to the trap or pot with degradable fasteners and hinges. The opening to be covered by the ghost panel must measure at least 3 inches by 6 inches. The department needs to add the size of the opening to regulation.

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The purpose of this action is to make clarifications in regulatory text for blue crabs so that everyone understands what is intended by the regulations. Clarifying the text does not change the department’s interpretation or enforcement of these regulations.

• Regulation .03 clarifies terminology in the trotline regulation. The term float is changed to buoy to clarify the language and to be consistent with other blue crab regulations that require marking of buoys.
• Regulation .06 makes it clear that §B(2) only applies to recreational crabbing in the coastal bays of the Atlantic Ocean and their tributaries.
• Regulation .11 clarifies that handlines, dip nets, and properly registered crab pots may be used at all times during the season.

• A public hearing was held on January 29, 2019, at 2 p.m., at the Tawes State Office Building, 580 Taylor Avenue, C-1 Conference Room, Annapolis, MD 21401. Interested persons were invited to attend and express their views.
  
• View the Proposal 
• Adopted as Proposed - Effective 3/25/19
  

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Create regulations for clam harvest in accordance with the National Shellfish Sanitation Program Model Ordinance.

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The department needs to modify commercial fishing license authorization targets. The proposed action makes modifications to the authorization targets to reflect the number of tidal fish license conversions.

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The department would like to remove outdated regulations to reflect current management practices. This is a housekeeping change, no substantive changes are being recommended.

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The department would like to make it clear that a person may not add structures or modify land or vegetation in or on the waters of any fishery management area.

• Please Note: This topic was originally included with the information for nontidal waters. The proposals are being developed separately.
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The purpose of this action is to remove the designation of Gumtree Cove, located in Nanjemoy Creek, as a fish refuge. Removing the designation will increase fishing access and opportunities in Nanjemoy Creek. This idea is supported by the Black Bass Advisory Subcommittee.

• View the Proposal
• Adopted as Proposed-Effective 8/26/19

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The department needs to correct the regulatory coordinates for the Chicamuxen Creek fish refuge.

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The purpose of this action is to update commercial finfish trotline regulations in response to legislation passed during the 2019 regular session. In 2019, the General Assembly passed Senate Bill 7. The bill makes permanent the ability for the department to regulate and allow the use of finfish trotlines in the Chesapeake Bay and its tidal tributaries. The proposed action adds the new statute to the licensing requirements for the permit and removes the June 2019 sunset from regulation to match the new statute. This is a housekeeping change that continues current practice with finfish trotlines and ensures that licensees may continue to use the gear.

• View the Proposal
• Adopted as Proposed - Effective 10/7/2019

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The purpose of this action is to allow the use of monofilament gill nets in the Chesapeake Bay and its tidal tributaries. This action is based on the passage of Senate Bill 7 (Chapter 80 of the 2019 Laws of Maryland).

Monofilament gill nets will be allowed under the same restrictions currently in place for gill nets made of other materials such as multi-strand or multifilament fibers.

• View the Proposal
• Submit comments to fisheriespubliccomment.dnr@maryland.gov no later than 11:59 p.m. October 15, 2019.

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The purpose of this action is to remove an antiquated requirement for sealing haul seines and establish the notification procedure for commercially fishing with haul seines on the weekend.

• View the Proposal  
• Adopted as Proposed-Effective 8/26/19

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The purpose of this action is to authorize a boat owner to provide proof of purchase for a certain period of time to allow for a delay in shipping of fishing or crabbing boat decals. This change will be better for customers and help enforcement.

• View the Proposal
• A public hearing was held on May 9, 2019, at 2 p.m., at the Tawes State Office Building, 580 Taylor Avenue, C-1 Conference Room, Annapolis, MD 21401. No one attended the hearing.
• Adopted as Proposed - Effective 7/1/19

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The department needs to update rules based on 2019 legislation (HB349) that allows guides fishing in the tidal waters of Maryland who are licensed in accordance with Natural Resources Article, §§4-210 and 4-210.1, Annotated Code of Maryland to buy the charter boat license decal.

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The purpose of this action is to increase the possession limit to twice the daily creel limit for trout species in certain areas, clarify the description for the Fishing Creek put-and-take trout fishing area, and include all nontidal impoundments as areas where an angler may keep a striped bass.

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The purpose of this action is to clarify the documentation requirements for out-of-state finfish suppliers. While the application for the permit describes what the required fish health testing documentation comprises, some suppliers are concerned because the regulation states that they shall "submit all fish health testing documentation." Some suppliers believe the wording of the regulation could result in legal liability for them if they do not provide every single document that they possess relating to fish health testing. The proposed action clarifies the requirement by changing the terminology of the regulation from “all” to “required” documentation. Making this change is beneficial for all parties involved.

• View the Proposal
• Adopted as Proposed - Effective 9/23/19

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The purpose of this action is to establish a permit for an out-of-state finfish supplier. Currently, out-of-state suppliers are required to register annually with the Department. Once registered, the supplier is required to follow certain criteria. Establishing a permit in regulation will make expectations clear. The proposed action establishes the permit to ensure the health of Maryland’s wild stocks of fish. There is no cost for the permit and it is valid for the calendar year.

• View the Proposal
• Adopted as Proposed - Effective 02/11/2019

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The purpose of this action is to incorporate by reference the Maryland Chesapeake Bay Oyster Management Plan (May 2019). The plan formally revises the oyster management framework in Maryland. The Department uses fishery management plans to guide actions taken to conserve and manage the species.

• View the Proposal
• View the Oyster Management Plan
• Adopted as Proposed-Effective 8/26/19

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The purpose of this action is to clarify where certain gears may be used to harvest oysters. The action does not make changes to current practice, but makes changes to regulations pertaining to areas open for harvesting with patent tongs, dredge boats, and power dredge to ensure that current practices are in line with the regulation. The action also clarifies where exceptions apply.

The changes in this proposal are based on Input from fishermen, Natural Resources Police officers, and department staff regarding overlapping or inaccurate gear lines in the oyster gear regulations.

• View the Proposal
• Adopted as Proposed - Effective 10/7/2019

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The purpose of this action is to clarify that a person may not harvest oysters in a harvest reserve area when it is not open. Since the intention is for the areas to be closed, planted with oyster seed and occasionally opened for harvest, this action specifically prohibits harvest in those areas unless they are specifically opened.

• View the Proposal
• Adopted as Proposed - Effective 10/7/2019

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The purpose of this action is to update the regulations for the oyster fishery to implement the Maryland Chesapeake Bay Oyster Management Plan. The Maryland Chesapeake Bay Oyster Management Plan (oyster management plan) was recently developed to formally revise the oyster management framework in Maryland based on the results of the 2018 oyster stock assessment as well as changing conditions with oysters since the last plan was developed. The Department uses fishery management plans to guide actions taken to conserve and manage the species.

The proposed action removes specific restrictions from the regulations and adds the ability to establish and modify seasons, daily catch limits, days of the week, or times for catching oysters for recreational or commercial purposes by public notice. It also allows the Department to open or close oyster harvest areas for the harvesting or conservation of oysters by public notice. The proposed action requires certain parameters to be established by July 1 of each year. Removing the specific parameters from regulation and establishing them by public notice will allow individuals to be aware of and prepare for possible changes while conserving the resource. The proposed action clarifies areas in Regulation .10 that describe where an auxiliary yawl boat may be used to propel a dredge boat.

• View the Proposal
• Adopted as Proposed-Effective 8/26/19

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The purpose of this action is to update regulations for commercial oyster divers and required attendants based on legislation. House Bill 1137, which addressed commercial oyster divers, was passed during the 2018 legislative session. The bill modifies Natural Resources Article, 4-1015.1, Annotated Code of Maryland and became effective October 1, 2018. This bill modifies the tidal fish license and oyster authorization requirements for persons aboard a boat who are using diving apparatus to catch oysters for commercial purposes from the waters of the State.

• View the Proposal
• Additional Information: House Bill 1137
• Adopted as Proposed - Effective 12/31/18

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The department intends to adopt regulations for an oyster gardening program. Regulations are required by the National Shellfish Sanitation Program (NSSP).

• View the Proposal
• Additional Information: National Shellfish Sanitation Program's Guide for the Control of Molluscan Shellfish: 2015 Revision

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The department would like to limit the recreational harvest of oysters.

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The purpose of this action is to update the regulations for the tax credit a person may receive for recycling oyster shells. The law allows for a person to receive a State income tax credit for recycling oyster shells. Legislative changes require the department to update our regulations. The credit for recycling oyster shells is $5 per bushel up to a maximum of $1500 per year.

• View the Proposal
• Adopted as Proposed - Effective 12/31/18

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The purpose of this action is to incorporate by reference Public Shellfish Fishery Areas of the Chesapeake Bay and Its Tidal Tributaries (September 2018). The proposed action: 1) removes aquaculture enterprise zones and references in regulation to the zones; 2) declassifies two public shellfish fishery areas (PSFA) to allow for aquaculture; 3) changes the boundary of one public shellfish fishery area that overlaps with a sanctuary; and 4) updates several public shellfish fishery areas that were inadvertently changed or omitted when the last update was completed in November 2016.

• View the Proposal
• Adopted as Proposed - Effective 02/11/2019

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The department intends to make annual changes to commercial, recreational and dealer penalties based on the recommendations of the joint penalty workgroup of the Sport Fisheries and Tidal Fisheries Advisory Commissions. The annual penalty workgroup meetings were held June 15, 2017 and June 7, 2018.

• View the Summary for 2017
• View the Summary for 2018

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The purpose of this action is to clarify who needs to submit the Commercial Charter Boat Captain's Daily Log. The proposed action does not require more reports; it clarifies who needs to complete them.

• View the Proposal
• Adopted as Proposed - Effective 7/1/19

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The purpose of this action is to remove the recreational possession limit for smoothhound sharks (smooth dogfish), establish recreational requirements for increasing a shark’s chance of survival after release, and correct the spelling of the scientific name for spiny dogfish. The requirements established by this proposal are complimentary to federal highly migratory species shark rules and would help shark populations, such as that of the dusky shark, rebuild. This action is being proposed in order to minimize potential injury to these protected and prohibited species.

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• Adopted as Proposed - Effective 7/15/19

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The department would like to add a penalty to the shellfish aquaculture regulations for violating shellfish import rules.

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The department would like to make two changes for clarification.

1. Change the definition of SAV Protection Zone in regulation to match the language used in Natural Resources Article, §4-11A-01, Annotated Code of Maryland.
2. The Department of Health and Mental Hygiene has changed its name to the Department of Health. We will be updating all references.

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The department plans to require that shellfish (oysters and clams) be delivered to a buy station on the same day of harvest so that harvesters are in compliance with the National Shellfish Sanitation Program (NSSP).

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The department would like to put the seafood dealer requirements for following the National Shellfish Sanitation Program Model Ordinance into regulation. The model ordinance requires that dealers must only accept product from a licensed harvester on the day of harvest. It is not legal for seafood dealers to purchase oysters from unlicensed individuals.

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The purpose of this action is to remove the specific methods for killing a snakehead. Currently, regulation requires an individual who wants to keep a snakehead to kill it upon capture using one of the following methods: 1) remove the head, 2) gut the body, 3) remove the gill arches from both sides of the fish, or 4) fillet the fish. The Department has determined that there are other effective methods that can be used to kill a snakehead. The proposed action removes the specific methods and simply requires an individual to kill the snakehead upon capture. This action simplifies the requirement for both enforcement and anglers.

• View the Proposal
• Adopted as Proposed - Effective 7/15/19 

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The purpose of this action is to update the regulations for the snapper grouper management group and tilefish. Specifically, the proposed action: 1) corrects minor spelling errors of scientific names; 2) updates the name for the National Oceanic and Atmospheric Administration’s fisheries division; 3) changes the catch limit for sheepshead to be the same as Virginia (4/person/day); 4) updates the public notice authority to maintain consistency with federal rules which will make it easier for everyone to know the rules; and 5) removes tilefish regulations from the snapper grouper complex and creates a new regulation for tilefish that requires an individual to follow federal tilefish management measures described in the Code of Federal Regulations Title 50 Section 648 (50 C.F.R. 648).

• View the Proposal
• Adopted as Proposed - Effective 7/1/19

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The purpose of this action is to remove the appeal process for a licensee who has not registered for a striped bass permit by the registration deadline. The Striped Bass Industry Workgroup and the Tidal Fisheries Advisory Commission asked the Department to remove the appeal process. The industry believes strongly that it is not the role of advisory bodies to make licensing and permitting decisions. The proposed action removes the appeal process. By removing the appeal process any striped bass permits not renewed by September 15 will be relinquished to the Department for reissue.

• View the Proposal 
• Adopted as Proposed-Effective 8/26/19

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The department needs to update the coordinates for Sandy Point and Turkey Point. The coordinates appear in different regulations, but are not identical. This is a housekeeping change for clarification.

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The department intends to update the delineations of Submerged Aquatic Vegetation (SAV) Protection Zones.

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• Maps for Proposed Changes
• Calvert
• Kent
• Somerset
• St. Marys
• Talbot
• Queen Annes

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The purpose of this action is to incorporate by reference Amendment 1 to the 2002 Maryland Tidewater Yellow Perch Fishery Management Plan (December 2017). The amendment formally updates the yellow perch management framework in Maryland. The Department uses fishery management plans to guide actions taken to conserve and manage the species.

• View the Proposal

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The purpose of this action is to clarify coordinates in the yellow perch chapter regarding where fyke nets cannot be set. A recent review of coordinates found three areas that need to be clarified. The proposed action updates and clarifies coordinates in the Bush and Chester Rivers.

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The purpose of this action is to remove the provision in the current regulations that requires a Department representative to be present during the sale of yellow perch in the live market. The Commercial Yellow Perch Workgroup, consisting of members from both the Sport and Tidal Fisheries Advisory Commissions, asked the Department to consider this modification.

• View the Proposal
• Adopted as Proposed - Effective 12/17/18

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