Menhaden

08.02.05.07 and 08.02.12.03

The purpose of this action is to establish regulations for Atlantic menhaden. Menhaden have been found to be In Need of Conservation, and are being listed as such. The action also establishes a quota, season, license requirements, a bycatch allowance landing permit, a declaration period for the fishery, catch limits, and reporting requirements. The action also allows for the modification of catch limits, quotas, and seasons by public notice.

The Atlantic menhaden fishery is managed cooperatively under the provisions of the Interstate Fishery Management Plan (FMP) for Atlantic Menhaden developed by the Atlantic States Marine Fisheries Commission (ASMFC). Amendment 2 to the Plan was approved in December 2012, establishing a total allowable catch (TAC) for the fishery that resulted in a 20% reduction from the average landings from 2009-2011. New biological reference points were also adopted for biomass with the goal of increasing abundance, spawning stock biomass, and menhaden availability as a forage species. The Amendment also included provisions for the transfer of quota between states and a bycatch allowance of 6,000 pounds for non-directed fisheries that are operating after a state TAC has been landed. In Maryland, this will allow the continued use of pound nets even after the state TAC has been landed. The Amendment also establishes requirements for reporting and improved biological monitoring.

This action will keep Maryland in compliance with the ASMFC FMP for Atlantic menhaden.

Proposed text will be posted after it appears in the Maryland Register

Commercial Striped Bass

08.02.15.02, .04, .05, .07 and .12

The proposed action proposes compliance with new Atlantic States Marine Fisheries Commission (ASMFC) requirements coupled with industry goals and objectives for flexibility. In 2011, the striped bass fishery was experiencing shortened seasons, reduced catch limits, and persistent difficulties assigning the commercial quota to the different gear sectors. At the same time, the Department learned that changes would be required in the commercial striped bass fishery in order to comply with new ASMFC requirements. ASMFC is requiring that all Atlantic states use a biological metric to determine how many tags are issued to commercial fishermen and account for every tag in their commercial fishery. Maryland's commercial striped bass tags are currently issued by request and as needed, which means that our system is out of compliance with the new tagging requirements set by ASMFC.

In order to address the problems in the fishery and the new tag requirements, the Department initiated discussions about alternative management of the striped bass fishery with the Striped Bass Industry Work Group in November 2011. We met with the work group and a subcommittee of the work group eight times before developing several possible alternative management options. These options included a modification of the current management system and several versions of an individual transferable quota (ITQ) system. The options were brought to the public through four open houses held in September of 2012. Based on the public comments and the ability of each option to meet the goals of the fishery, the Department selected an ITQ option in October of 2012. The Department continued to meet with the work group five more times to develop the details of the ITQ system before drafting the proposed action. The proposed action proposes compliance with the new ASMFC requirements coupled with industry goals and objectives for flexibility.

An ITQ system provides exclusive privileges to an individual by assigning a fixed share of the commercial striped bass quota to each fisherman. This system provides a mechanism to allocate tags to the fisherman in a quantity that corresponds to their allocation and allows increased flexibility for participants. Participants are no longer restricted to certain fishing days, gears, or daily catch limits. Some industry members prefer to maintain the option for the traditional derby style fishery (common pool) even though it provides less flexibility. Therefore, the proposed action provides commercial striped bass fishermen with a choice of participating in the common pool or ITQ fishery. To establish compliance with ASMFC in the common pool fishery, the Department will reduce the number of tags sent to each permit holder and issue replacement tags only to fishermen that have depleted a majority of their initial tag allowance and only if additional tags are available based on the biological metric calculation.

The proposed action makes certain modifications to the registration process in order to implement the dual common pool and ITQ fisheries. The registration period will remain during the month of August. But at the time of registration, an individual must register their permit(s) into either the common pool or an ITQ fishery. In order to be eligible to receive a striped bass quota allocation, a control date of May 10, 2013 is established in the proposal. A license holder must have in their possession a striped bass permit by this date in order for their catch history to be used in the calculations of shares.

The proposed action establishes an allocation process for the Chesapeake Bay commercial quota. All gill net and hook and line (GN/HL) permits will be initially allocated an equal share of the GN/HL quota. The equal share will be 25% of the Maryland striped bass quota and is roughly equivalent to 300 pounds (based on the 2013 quota). The remaining 75% of the quota will be allocated based on striped bass catch history from January 1st, 2001 through February 29th, 2012. Historical allocations will be calculated based on the average catch history during years a permit holder was eligible to harvest striped bass. A percentage of the overall historical harvest each permit has represented over time per gear type will be calculated and a historical share will be assigned to that permit.

Pound net (PN) and haul seine (HS) permits have been historically allocated poundage based on equal allocation of their portion of the Chesapeake Bay quota. These regulations do not alter the allocation method that has been historically used in the PN and HS fisheries. The proposal does remove the pound net certification process because it is not necessary in an ITQ fishery.

The proposed action modifies the transfer provisions for a Chesapeake Bay striped bass permit or allocation. For a person registered in the ITQ fishery, temporary (annual) transfers of allocation (pounds) or permits will be provided for during a pre-season transfer period of August - September. The transfer may include a portion or percent of a person's allocation, but there is a maximum of 4 allocation transactions during the preseason. During the season, a person may transfer their permit and remaining allocation to another tidal fish licensee. The permit and allocation may be separated; however, all of the remaining allocation must be transferred in one transaction. The allocation cannot be divided up for multiple recipients during the season. Temporary transfers in the common pool may be completed as normal during the two transfer periods in August and March.

For the Atlantic fishery, the time period for temporary transfers is extended to September 30th, and in season temporary transfers of permits are also permitted as long as all remaining allocation is transferred with the permit.

Permanent transfers of Chesapeake Bay permits or shares will not be permitted with the exception of a beneficiary transfer recipient or if accompanied by a tidal fish license. The limited beneficiary transfers and transfers with a license provide an opportunity for a person or estate to sell their fishing business. Restricting the permanent accumulation of permits or shares will prevent one fisherman from potentially monopolizing the fishery. The temporary transfer system may give some information as to the potential of accumulation that may occur if a permanent transfer system is in place in the future.

Future regulatory actions may provide for permanent transfers of the Chesapeake Bay permits and individual shares of quota, as well as other modifications dependent on industry input and implementation of these regulatory actions.

Click here to view proposed text

There will be a Public Hearing on the Proposed Regulations for Commercial Striped Bass, June 6, 2013 at 6pm at Friends Meeting House, 351 DuBois Road, Annapolis MD 21401. Click Here for more details.

Shellfish Aquaculture

08.02.23.02, .03 and .04

The purpose of this action is to amend current aquaculture lease regulations. The Department has been working with the Aquaculture Coordinating Council to determine requirements that will allow the industry to remain competitive and increase profitability while protecting the wild oyster resource. Emergency regulations have been in effect since September 2012, which allow leaseholders to harvest oysters that are a minimum of 2 inches for sale while the public fishery is closed, create a one inch maximum seed size limit, allow a 5% tolerance limit (same as commercially harvested oysters), add an application fee for water column leases of $300 (same as submerged land leases), and add an annual rent of $25 per acre for all water column leases. The proposed action incorporates all of the emergency provisions and increases the ability to sell 2 inch oysters year round from a water column lease.

When the State authority for aquaculture permitting was consolidated from MDE to DNR in 2011, the ability to charge application fees and annual rent for water column leases was not included in the transfer of authority. The proposed regulation establishes a one-time non-refundable fee of $300 for new water column lease applications and an annual water column lease rent of $25 per acre. These fees will ensure that all water column lessees are paying the same amount for rent.

Strong market demand exists for farm-raised oysters smaller than 3 inches. Maryland growers must be able to compete with those states currently supplying these markets or our industry will remain at a competitive disadvantage in the marketplace. The proposed action establishes a maximum seed size, for cultured oysters, of 1 inch. The action allows the year round sale of oysters harvested from a water column lease that are a minimum of 2 inches. Leaseholders with submerged land leases will only be authorized to sell oysters that are a minimum of 2 inches while the public oyster fishery is closed, April 1-September 30. During the season, oysters from a submerged land lease must be a minimum of 3 inches.

Currently, a 5% tolerance limit exists for the possession of undersized oysters when harvesting from public grounds. However, a similar tolerance limit for possession of undersized farm-raised oysters harvested from leases does not exist. It is extremely difficult for growers to maintain this level of accuracy during harvest activities. The proposed action establishes a 5% tolerance limit for undersized oysters harvested from leases, similar to the limit that exists for the public fishery. This action resolves an inconsistency between the public and private fishery.

Click here to view proposed text.

Horseshoe Crabs

08.02.10.01

The purpose of this action is to update the horseshoe crab regulations. Specifically the proposed action removes the current regulatory language regarding the specific quota, seasons and some catch limits for the horseshoe crab fishery and changes the language to say that the limits will be established by public notice in order to implement the Atlantic States Marine Fisheries Commission's (ASMFC) fishery management plan. Currently, the Department issues a public notice after the management decision has been approved and then submits both emergency and proposed regulations with the limits specified in the public notice. There is a time period when the restrictions in the regulation and public notice are different and it can be confusing (regulation says one thing and the public notice something different). Removing the language from the regulation will make it clear where to find the information. Currently, the Department regulates other fisheries in a similar manner, such as striped bass, which has led to less confusion amongst regulated individuals. The proposed action also adds a prohibition on harvesting females based on a requirement from the ASMFC fishery management plan.

Click here to view proposed text.

Summer Flounder and Black Sea Bass

08.02.05.12 and .21

The purpose of the proposed action is to remove the current regulatory language regarding the specific minimum size, creel limit and season for the summer flounder and black sea bass recreational fisheries and change the language to say that the recreational limits will be established by public notice in order to implement the Atlantic States Marine Fisheries Commission's fishery management plans. Currently, the Department issues a public notice after the management decision has been approved and then submits both emergency and proposed regulations with the limits specified in the public notice. There is a time period when the restrictions in the regulation and public notice are different and it can be confusing (regulation says one thing and the public notice something different). Removing the size, creel and season language from the regulation will make it clear where to find the information. While the public notice is the legal mechanism for making this change the action will clarify the rule change by making the regulation clear that the regulatory provisions are set in the public notice. Currently, the Department regulates other fisheries in a similar manner, such as striped bass, which has led to less confusion amongst regulated individuals.

Click here to view proposed text.

Recreational Sharks

08.02.22.02 and .04

The purpose of this action is to add shark species to the recreational catch card reporting program. Currently, bluefin tuna, swordfish, and billfishes are required to be reported through this program. The addition of sharks is an effort to: 1) validate recreational estimates of shark harvest in Maryland, and 2) collect biological data such as length and weight to supplement stock assessments. Both of these kinds of data are lacking, and Maryland will be the first state to implement a census of recreational shark harvest. The Department will educate shark fishermen about the reporting requirement and location of reporting stations through social media, tournaments, tackle shops, fishing areas, and current permit holders.

The proposed action also updates the public notice provision to include the reasons for making changes to the fishery by public notice. Sharks are managed interjurisdictionally, in cooperation with federal agencies, state agencies and advisory bodies. It also modifies the method of dispersing public notices by requiring public notices to be posted on the Fisheries Service's website rather than in the newspaper. Social media (twitter, facebook, text messaging, etc.) will also be used. Stakeholder comments have indicated that the legal section of the newspapers is not an effective means for communicating fishing rule changes.

Click here to view proposed text.

Penalties – Annual Adjustments

08.02.13.01, .02, .03, .05, .08

The purpose of this action is to make adjustments to the recreational, commercial, and charter boat/fishing guide penalty systems. The action adds penalties for fishing in a blind/youth restricted area and increases penalties for possessing undersized hard crabs to the recreational fishing penalty system. The action increases tiers for oyster sanctuary violations, adds additional tiers for undersized hard crabs, differentiates misdemeanor and felony Lacey Act violations, and adds penalties for gill net reels, unmarked gill net corks, river herring possession, aquaculture violations, and untagged oyster containers to the commercial fishing penalty system. The action also adds penalties for undersized hard crabs to the charter boat/fishing guide penalty system. The action makes general text corrections and clarifications.

Click here to view proposed text.

Pound Nets

08.02.05.02 and 08.02.15.07

The purpose of this action is to acquire data that will allow the Department to determine the fishing effort within the pound net fishery and to minimize any potential adverse effects of pound nets on spawning striped bass.

The first action is to require pound net fishermen to notify the Department prior to setting a net and after taking a net down. Currently, the Department does not collect data regarding the number of registered pound net sites that are actively being fished. Without these data, the Department is unable to determine the actual effort put forth by the pound net fishery. By requiring pound net fishermen to notify the Department when a pound net is set and when it is taken down, the Department will have real-time information with regards to the number of pound nets actively being fished.

The second action is to require pound net fishermen to fish their pound nets more frequently during the striped bass spawning period and to release any entrapped striped bass. By requiring pound net fishermen to fish their nets more frequently and release the entrapped striped bass, any potential impacts of impoundment on spawning striped bass – including abandonment of spawning activity – will be minimized. Although data suggest that capture in pound nets does not cause increased mortality, decreasing hold time will mitigate any sub-lethal effects on spawning activity. A check time of 24 hours or more will be set by public notice prior to the start of each season.

Click here to view proposed text.

Billfish

08.02.05.26 and 08.02.12.03

The purpose of this action is to list roundscale spearfish (Tetrapturus georgii) as "in need of conservation" to allow management of roundscale spearfish consistently with the National Marine Fisheries Service (NMFS) and change the genus of white marlin to reflect the recent taxonomic change. These changes are consistent with input and advice from billfish experts in the scientific community and will allow NMFS to more accurately and appropriately manage Atlantic billfish species using the latest scientific nomenclature and species determinations.

As a result of scientific research, a ''new'' billfish species called roundscale spearfish was identified in 2006. This species was previously thought to be the same as white marlin because they are nearly indistinguishable by size, shape and color. DNA testing and other identifying factors confirmed the taxonomic distinction between roundscale spearfish and white marlin. Roundscale spearfish have effectively been managed as white marlin (with the same size limit and authorized gear as white marlin) due to difficulties in identifying and distinguishing them from white marlin and because roundscale spearfish weren't known to exist prior to 2006. In 2010, NMFS finalized an interpretive rule to recognize roundscale spearfish as part of the definition of "HMS" (Highly Migratory Species) in the Magnuson-Stevens Act (MSA). Currently, management of roundscale spearfish and Atlantic white marlin is uniform; as new information becomes available, separate management measures may be considered.

In 2008, further DNA analysis and research indicated a change in genus of Atlantic white marlin from Tetrapturus to Kajikia. This was adopted by the Integrated Taxonomic Information System and in 2010, NMFS published a final action amending the MSA to include the taxonomic changes to Atlantic white marlin.

The removal of the endangered and threatened species lists is administrative only. The lists being removed are outdated. The current lists are located in COMAR 08.03.08.

Click here to view.