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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.

Learn How to Get Involved with Fisheries Rulemaking.


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

BLUE CRABS - Commercial Day Off
FISHERY MANAGEMENT AREAS - Bynum Run Pond and Forest Hill Lake (Harford County)
FISHING IN NONTIDAL WATERS - Catch-And-Return Bass Areas
GEAR - Hooks for Live-Lining
GEAR - Housekeeping
HIGHLY MIGRATORY SPECIES & SHARKS - Catch Cards and Creel Limits - OPEN FOR COMMENT
IN NEED OF CONSERVATION - Freshwater Mussels & Housekeeping
LARGEMOUTH BASS - Scientific Renaming
NUISANCE SPECIES - Commercial Sale
NUISANCE SPECIES - Updates to Listings
REPORTING - Methods for Commercial and Fishing Guides
SHELLFISH - GENERAL - Definitions
SHELLFISH - GENERAL - Seafood Dealer Declaration Requirement
SPINY DOGFISH - Gill Nets
YELLOW PERCH - Recreational Management Options



Thermometer Graphic - development
BLUE CRAB - Commercial Day Off

The Department is considering changes to the commercial crabbing day off rules in the Chesapeake Bay and its tidal tributaries. Specifically, the Department is considering removing the prohibition on using a vessel for commercial crabbing purposes on the owner’s declared day off and removing the requirement to label vessels with the owner’s declared day off. Each licensed crabber would still be limited to harvesting six days per week, but the vessel could be used seven days a week if there are multiple licensed commercial crabbers that use the vessel.

 
 
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Thermometer Graphic - effective
COMMERCIAL LICENSE TARGETS - Updates
COMAR 08.02.01.05

The Department updated the commercial license targets. Modifications to the authorization targets reflect the number of tidal fish license conversions since April 15, 2019. In summary, the UTFL number decreased by 16 and the number for FGR, FIN, CB3, CLM, OYH, ODB, and CTL increased by 16 each.

 
 
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Thermometer Graphic - development
FISHERY MANAGEMENT AREAS - Bynum Run Pond and Forest Hill Lake (Harford County)

The Department is considering formally transferring the ownership/management of two Fisheries Management Areas (FMAs) in Harford County from the Department’s Fishing and Boating Services to the Harford County Government. The FMAs include Bynum Run Pond and Forest Hill Lake. Please see the summary for maps and information on how to request a hearing.

 
 
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FISHING IN NONTIDAL WATERS – Beaver Creek

The Department is considering two modifications to trout fishing areas on Beaver Creek in Washington County.

Change #1

First, the Department is considering extending the catch-and-release artificial fly fishing section on Beaver Creek to the downstream side of the bridge at Beaver Creek Road.


Change #2

Second, the Department is considering moving the upper boundary of the put-and-take section on Beaver Creek. The boundary would be shifted downstream to the upstream side of the I-70W onramp bridge.


 
 
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FISHING IN NONTIDAL WATERS - Catch-And-Return Bass Areas

The Department is considering eliminating the Catch-and-Return Bass Area on the North Branch of the Potomac River. The designated area extends from the spillway in Cumberland, Maryland upstream approximately 25 miles to US Route 220 Bridge at Keyser, West Virginia.

 
 
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GEAR - Hooks for Live-Lining

The Department has modified hook rules to allow anglers to use either circle hooks or J hooks under in certain circumstances in tidal waters. “Live-lining” is defined as using a live finfish on a hook for the purpose of catching other fish with: (a) Hook and line; (b) Rod and reel; or (c) Handlines. The Department has required circle hooks while live-lining since 2019.

Exemption - The proposed action establishes an exemption to the requirement that a circle hook be used while live-lining when an angler is using a finfish species listed in the Department’s bait regulations codified at COMAR 08.02.20.02.

Exemption - The proposed action also establishes an exemption to the requirement that a circle hook be used while live-lining when an angler is using a finfish, except spot and white perch, which measures 4 inches or less in length. Circle hooks will still be required if using spot or white perch for bait. The Department did not change rules for the use of treble hooks while live-lining.

 
 
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GEAR - Housekeeping

The Department needs to clarify that an individual may only attempt to catch fish when using legal fishing gear. The regulation already says that you can only catch fish with certain gear, but it should say that you can only use that gear to catch or attempt to catch fish. It was recently discovered that the regulation is not completely clear.

 
 
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HIGHLY MIGRATORY SPECIES & SHARKS - Catch Cards and Creel Limits
COMAR: 08.02.05.23; 08.02.05.26; 08.02.05.27; 08.02.22.02, 08.02.22.03

The purpose of this action is to:

  1. Remove the State reporting and tagging requirements for bluefin tuna, white marlin, blue marlin, roundscale spearfish, sailfish, swordfish, and sharks.
  2. Transition the reporting of highly migratory species (bluefin tuna, white marlin, blue marlin, roundscale spearfish, sailfish, and swordfish) to a federal reporting program.
  3. Update the creel limit for oceanic whitetip and shortfin mako sharks.
 
 
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IN NEED OF CONSERVATION - Freshwater Mussels & Housekeeping
COMAR 08.02.12.0​​​​​1, .03

  1. The Department changed the word conversation to conservation to avoid confusion in regulation due to a clerical error.
  2. The Department has declared all freshwater mussels in the order Unionoida as in need of conservation. A person may not catch, offer for sale, purchase, or possess any freshwater mussel caught in Maryland waters. The only exception would be for research under a Department-issued permit.
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LARGEMOUTH BASS - Scientific Renaming

The Department needs to update its references to the scientific name of largemouth bass, formerly Micropterus salmoides. In 2023, the American Fisheries Society published their most recent list of common and scientific names of fishes, which reflects a change in the name of Florida bass from Micropterus floridanus to Micropterus salmoides and in the name of largemouth bass from Micropterus salmoides to Micropterus nigricans. This means that all of the Department’s references to the scientific name of largemouth bass now technically refer to Florida bass. The Department is not changing any rules relating to largemouth bass, does not have Florida bass, and does not support introduction of Florida bass.

 
 
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MONETARY VALUES OF FISH - Updates

The Department would like to update the monetary values of fish in the Code of Maryland Regulations. The Department would like to remove outdated fish values and replace them with the most up-to-date values as determined by the American Fisheries Society (AFS). The original AFS document was the basis for the 1975 regulations, so this change is in line with the original regulation. The Department would incorporate the document by reference and make the document available on the Fishing and Boating Service’s website. Additionally, the Department would clarify that the regulations will only apply to fish kill incidents. The AFS document does not cover all species so the Department would consider other available resources and information such as dockside value, stocking costs, and inflation in determining replacement costs for species that are not listed.

 
 
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NUISANCE SPECIES – Commercial Sale

The Department is considering allowing properly licensed commercial harvesters to sell invasive fish species (e.g., blue catfish, flathead catfish, and Chesapeake Channa (also known as northern snakehead)) that are collected in a fish lift.

A fish lift is a mechanical elevator that lifts fishes congregating at the base of dams and carries them across a dam and to the upstream side of the dam.

 
 
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NUISANCE SPECIES - Updates to Listings

The Department would like to update its nuisance species list to reflect changing understandings of which species may present a danger to Maryland’s native species and ecosystems.

The changes include:

  1. delisting candiru
  2. expanding the listing of swamp eels to apply to an entire family of fish rather than a specific species
  3. listing both Chinese pond mussel and waterwheel as species which a person may not import, transport, purchase, possess, propagate, sell, or release into State waters
  4. making a number of technical updates based on information that has developed since the last update to these lists
 
 
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REPORTING – Methods for Commercial and Fishing Guides
COMAR 08.02.13.06

The purpose of this action is to formalize the reporting methods for commercial and fishing guide licensees and require licensees to declare their method of reporting for each type of report they are required to submit. Specifically, the proposed action:

  1. Makes it clear that anyone licensed under Natural Resources Article, §§4-210, 4-210.1, 4-701, 4-701.1, or 4-701.2, Annotated Code of Maryland, shall accurately record their harvest information;
  2. Describes the methods of reporting and the requirements for each method;
  3. Requires a licensee to declare which reporting method they will use for each type of report they are required to complete;
  4. Provides a mechanism for a licensee to change their declaration up to two times per license year; and
  5. Describes exceptions to regulations if a licensee chooses to report with the electronic harvest reporting system with hailing.

The summary (link below) has detailed information and frequently asked questions.

 
 
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SHELLFISH – GENERAL – Definition

The Department needs to update the definition of “shellfish” in the Shellfish - General chapter of regulation to reflect a change made by the Maryland General Assembly in the 2024 Legislative Session. Specifically, the Department would remove the list of shellfish and shellfish parts for which an importation permit is required and replace the list with the phrase “live bivalves and bivalve shells.”

 
 
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SHELLFISH – GENERAL – Seafood Dealer Declaration Requirement

There is currently a requirement that seafood dealers declare their intent to purchase shellfish intended for human consumption (soft-shell clams of the species Mya arenaria, hard-shell clams, and oysters) prior to engaging in that activity. The Department would like to modify the requirement to include harvesters who sell their own catch, who are also licensed by the Maryland Department of Health.

 
 
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SHELLFISH AQUACULTURE – Public Shellfish Fishery Area Declassification

The Department would like to declassify a portion of one Public Shellfish Fishery Area (PSFA 83) and make corrections to two public shellfish fishery areas (PSFA 152 and 156).

 
 
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SPINY DOGFISH - Gill Nets

The Department needs to implement area-based gear requirements in the spiny dogfish gill net fishery to reduce bycatch of Atlantic sturgeon. This action is necessary to implement the Atlantic States Marine Fisheries Commission (ASMFC) Addendum VII to the Spiny Dogfish Interstate Fishery Management Plan.

 
 
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STRIPED BASS – Chesapeake Gill Nets
COMAR 08.02.15.07

The purpose of this action is to reauthorize the use of drift gill nets on Saturdays and Sundays in the Chesapeake Bay commercial striped bass gill net fishery. The provision was inadvertently removed from regulation at the end of 2024. Reauthorizing the use of drift gill nets on Saturdays and Sundays does not allow additional harvest of striped bass, as permittees in the Individual Transferrable Quota fishery are assigned a set number of pounds they are allowed to harvest.

 
 
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STRIPED BASS – Commercial Share & Allocation Caps

Due to permit consolidation over time and instances where a permit or quota could not be transferred based on going over the cap, the Striped Bass Industry Advisory Workgroup requested the Department to consider changing:

  • The allocation cap from 1.5% to either 1.75% or 2% for temporary transfers; and
  • The share cap from 1% to either 1.25% or 1.5% for permanent transfers.
 
 
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STRIPED BASS – Commercial Transfer Processes

The Department is considering modifying rules regarding the transfer of commercial striped bass permits, shares, and allocation.

Change #1

Per the recommendation by the Striped Bass Industry Advisory Workgroup, the Department is considering allowing a permanent license holder that permanently holds a striped bass permit to be able to transfer their permit, share, or allocation, even during a time period when they have temporarily transferred their license away.

Change #2

: Under current rules, when a temporary license transfer expires prior to the expiration of a temporary striped bass permit and allocation transfer, the permit and allocation can no longer be fished or transferred. Because the individual is no longer licensed, the permit and allocation are unusable. To avoid future instances, per the recommendation by the Striped Bass Industry Advisory Workgroup, the Department is considering two options. (See the compliance guide (link below) for details on the options.)

 
 
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STRIPED BASS – Recreational Seasons

The Atlantic States Marine Fisheries Commission (ASMFC) adopted Addendum III to Amendment 7 to the Interstate Fishery Management Plan for Atlantic Striped Bass. The Department is considering moving forward with the Baseline Season Adjustment rather than keeping the current recreational season. The Department is also required by Addendum III to define how the length measurement of a striped bass is determined.
Please read the Small Business Compliance Guide for information.

 
 
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YELLOW PERCH – Recreational Management Options

The Department would like to modify the recreational regulations for yellow perch to improve spawning success and equity between fishing sectors. The Department is considering two approaches and would like the public to provide feedback on which one is preferred. The changes would apply to all tidal waters and to streams and rivers in nontidal waters.
Option 1: Reduce the creel limit of yellow perch from 10 fish to 5 fish while maintaining the current minimum size limit of 9 inches.
Option 2: Implement a slot limit for yellow perch of 9 to 11 inches and maintain the current creel limit of 10 fish. This means that all fish smaller than 9 inches and larger than 11 inches would have to be released, but fish that are exactly 9 inches or exactly 11 inches could be kept.

 
 
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