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,
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Click on a title below to be taken to a regulation change.
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.
The department is considering 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.
The purpose of this action is to clarify portions of the chapter and relocate the crab pot line at the mouths of the Sassafras and Elk rivers. Please see the Summary and Compliance Guide for detailed information about the proposal.
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:
The department proposed the following changes.
The goal is to eliminate harvest of brook trout adults in Maryland's most pressured waters (i.e., put-and-take areas) and stressed populations (east of I-81).
Atlantic Ocean, Its Coastal Bays and Their Tributaries
The department needs to implement a requirement to use circle hooks in the Atlantic Ocean, its coastal bays and their tidal tributaries while recreationally fishing for striped bass using bait.
If you are targeting striped bass and using bait, you must use a non-offset circle hook year-round.
Chesapeake Bay and Its Tidal Tributaries
You must use a non-offset circle hook year-round if you are:
The proposed action also modifies the time period during May and December that an angler is required to use a circle hook or “J” hook when using bait. This action expands the time period to May 1 through December 31.
The purpose of this action is to incorporate changes made during the 2020 legislative session. Chapters 430 and 431, Acts of 2020, changed the method of propulsion for a boat or vessel under the guidance of a limited fishing guide (Type L) from oars and paddles to human power. The proposed action makes the method of propulsion consistent with statute by changing oars or paddles to human power. The proposed action also updates references to the Code of Maryland Regulations (COMAR) to make them consistent with the requirements of the fishing guide statutes.
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:
The purpose of this action is to remove the zebra mussel-free bait certification regulation and add Alabama bass and spotted bass to the list of fish species that a person may not import, transport, purchase, possess, propagate, sell, or release into State waters.
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.
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 commercial and recreational changes. Please see the summary for details.
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.
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).
The purpose of this action is to remove 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.
The purpose of this action is to extend the commercial striped bass Chesapeake Bay Individual Transferable Quota (ITQ) fishery seasons for hook and line, haul seines, and drift gill nets. The proposed action does not allow additional harvest. It provides fishery participants with greater flexibility in their business model by allowing fishermen to time their fishing activity with meeting market demands. The changes are consistent with the Chesapeake Bay ITQ fishery priorities developed jointly by the department and the industry when the ITQ program was first implemented. The proposed action also reorganizes certain sections to clarify which provisions apply to each fishery.
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.
The purpose of this action is to make corrections in submerged aquatic vegetation protection zones. Amendments to the zones became effective June 2020 and maps of each area were created so that users 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. This is a housekeeping action that is necessary to make the regulation clear for all users. There is no change in the amount of protected area.
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