2013 Maryland Code
NATURAL RESOURCES
§ 4-215 - Fishery management plans

§4-215.

(a) (1) In this section the following words have the meanings indicated.

(2) “Conservation and management measures” means 1 or more techniques through which the objectives of a fishery management plan are achieved.

(3) “Fishery” or “fishery resource” means:

(i) One or more stocks of fish which can be treated as a unit for purposes of conservation and management and which are identified on the basis of geographic, scientific, technical, recreational, and economic characteristics; or

(ii) The group or industry harvesting those stocks.

(4) “Fishery management” means the system used to conserve and allocate the fishery resource, including research and data collection, determination of objectives and management measures, and establishment, enforcement, and periodic evaluation of regulations.

(5) “Fishery management plan” means a document or report that contains a systematic description of a given fishery and the objectives and conservation and management measures for the fishery.

(b) The Department shall prepare fishery management plans for the following species:

(1) Striped bass or rockfish;

(2) White perch;

(3) Yellow perch;

(4) American shad;

(5) Hickory shad;

(6) Oysters;

(7) Blue crabs;

(8) Bluefish;

(9) Herring;

(10) Weakfish;

(11) Croaker;

(12) Spot;

(13) Summer flounder;

(14) American eel;

(15) Red drum;

(16) Black drum;

(17) Spotted sea trout;

(18) Horseshoe crabs;

(19) Menhaden;

(20) Tautog;

(21) Black sea bass;

(22) Scup;

(23) Hard shell clams; and

(24) Catfish.

(c) The Department may prepare fishery management plans for any species of fish if, after consultation with the Tidal Fisheries Advisory Commission and the Sport Fisheries Advisory Commission, the Department determines that the plans are necessary based on:

(1) The population of the species;

(2) The distribution of the species;

(3) The habitat needs of the species; or

(4) Other biological, ecological, or socioeconomic factors concerning the species.

(d) (1) Conservation and management measures adopted under a fishery management plan, to the extent possible:

(i) Shall prevent overfishing while attempting to achieve the best and most efficient utilization of the State’s fishery resources;

(ii) Shall be based on the best information available;

(iii) May not discriminate unfairly among groups of fishermen or have economic allocation as its sole purpose;

(iv) Shall take into account and allow for variations among, and contingencies in, fisheries, fishery resources, and catches; and

(v) Shall avoid duplication of regulatory efforts and unnecessary costs to the State and to any other person.

(2) If it becomes necessary to allocate or assign fishing privileges among various groups of individuals under paragraph (1)(iii) of this subsection, or under any fishery management plan, that allocation shall be:

(i) Fair and equitable to all individuals;

(ii) Reasonably calculated to promote conservation; and

(iii) Carried out in such a manner that no particular individual, corporation, or other entity acquires an excessive share of such privileges.

(e) (1) Except as provided in paragraph (2) of this subsection, a fishery management plan may apply separately or jointly to the waters of the Chesapeake Bay and its tidal tributaries, the coastal bays and their tributaries, and the Maryland waters of the Atlantic Ocean and shall include:

(i) The best available estimates of sustainable harvest rates;

(ii) Indicators that would trigger any tightening or loosening of harvest restrictions;

(iii) A description of the fishery, including:

1. The history of the fishery, and its current condition relative to historic populations;

2. The numbers of potential commercial and recreational fishermen projected to participate in the fishery;

3. The type and quantity of fishing gear used commercially;

4. Where practicable, the cost likely to be incurred in the management of the fishery; and

5. The actual and potential revenues from the recreational and commercial fishery;

(iv) If the Department determines that a fishery has been, or is currently, overfished:

1. A species-specific time period for:

A. Ending or appropriately addressing overfishing; and

B. Rebuilding the stock of the species to a sustainable level; and

2. A description of:

A. Management strategies that have a high probability of reducing fishing to a target level within a target time period, as determined by the Department; and

B. The appropriate assignment or allocation of fishing privileges in accordance with subsection (d)(2) of this section; and

(v) Other pertinent data that will assist the Secretary in determining conservation and management measures reasonably necessary to ensure that the fishery resources will be sustained.

(2) The Department may waive the requirements in paragraph (1)(iv) of this subsection for a species of fish if the Department determines that meeting the requirements is not practicable or biologically appropriate based on:

(i) The specific biology of the species;

(ii) The management of the species under a federal or multi-state fishery management plan;

(iii) The designation of the species as a nuisance;

(iv) Environmental conditions; or

(v) Other ecological factors.

(f) A fishery management plan may include:

(1) Proposed limitations on the catch of fish, based on area, species, size, number, weight, sex, incidental catch, total biomass, or other factors, which are necessary and appropriate for conservation and management of a fishery;

(2) Incorporation of relevant fishery conservation and management measures proposed or adopted by interstate bodies of which Maryland is a member; and

(3) Other proposed measures, requirements, or conditions and restrictions which are necessary and appropriate for fishery management.

(g) The Department shall present the management plans under this section in the form of an annual report, subject to § 2-1246 of the State Government Article, to:

(1) The Legislative Policy Committee;

(2) The Education, Health, and Environmental Affairs Committee; and

(3) The Environmental Matters Committee.

(h) (1) (i) The Secretary shall adopt the proposed management plans and any proposed conservation and management measures by regulation.

(ii) The Secretary may adopt conservation and management measures in separate proceedings and by separate regulations. Conservation and management measures adopted separately may include changes to those proposed or adopted in a fishery management plan and any additional measures necessary to carry out the adopted plan.

(iii) The Secretary may not prohibit the use of pound net sites in the coastal bays that are registered with the Department as of January 1, 2000.

(2) The regulations of the Department to implement a fisheries management plan for the coastal bays may not become effective under this section until the Department first holds public hearings in Worcester County.

(3) All notices of public hearings required for the adoption of regulations under this section shall be printed in the Maryland Register and further publicized so as to provide reasonable notice to the affected communities of fishermen and the public.

(i) Notwithstanding any other provision of this title, except § 4-1002 of this title, once a fishery management plan has been adopted by regulation, the State’s fishery resources shall be harvested in accordance with the conservation and management measures in the fishery management plan and any regulations implementing or amending that plan.

(j) The provisions of this section do not apply to aquaculture activities in nontidal ponds, lakes, or impoundments in the State.

§ 4-215 - 1. Closure of State waters for finfishing

(a) Applicability of section. -- The provisions of this section do not apply if:

(1) The Department of the Environment has determined that it is necessary to close an area of State waters to finfishing for the protection of the public health and safety;

(2) An abatement or a summary abatement of a state of nuisance is necessary under § 4-205.1 of this subtitle; or

(3) The Department closes an area of State waters:

(i) For the stocking of coldwater trout; or

(ii) In order to provide a security zone adjacent to a production hatchery.

(b) Authorization to close area of State waters for finfishing. -- The Department may completely close an area of State waters to all finfishing if the Department:

(1) In a written report made available to the general public:

(i) Makes a finding that the closure is necessary, after due consideration of:

1. The scientific basis for the closure;

2. The purpose of the closure;

3. The rationale for the selection of the specific area to be closed;

4. The sufficiency of the area closed to generate the benefits projected; and

5. The likelihood that the same objective could be effectively accomplished through the use of alternative management measures; and

(ii) Develops protocols and a reporting timeline to monitor and evaluate the effectiveness of the closure; and

(2) Holds at least one public hearing in accordance with the requirements under subsection (d) of this section.

(c) Reporting timeline. -- The reporting timeline required under subsection (b)(1)(ii) of this section shall provide for a written report as often as appropriate under the circumstances but at least as often as every 3 years from the date of closure.

(d) Public hearing. --

(1) For 2 successive weeks in advance of a public hearing required under subsection (b)(2) of this section, the Department shall:

(i) Post a notice of the date, time, place, and purpose of the hearing in a prominent position on the Department's official Internet website; and

(ii) Advertise the date, time, place, and purpose of the hearing in at least:

1. One newspaper of general daily circulation in the State; and

2. One newspaper circulated in the affected region of each county in which waters may be directly affected by the proposed closure.

(2) At least 15 days before the public hearing, the Department shall make available to the general public the report required under subsection (b)(1) of this section.

(e) Evaluation of effectiveness of closure. -- Following a closure of State waters under this section, in a written report made available to the general public and in accordance with the reporting timeline established under subsection (b)(1)(ii) of this section, the Department shall:

(1) Based on the protocols adopted under subsection (b)(1)(ii) of this section, evaluate the effectiveness of the closure in accomplishing its overall management objectives; and

(2) Determine what, if any, management modifications would be appropriate, including the reopening of the closed area.

§ 4-215 - 2. Yellow perch conservation

(a) Regulations. -- On or before January 1, 2008, the Department shall adopt regulations that:

(1) Provide a management strategy for yellow perch that enables yellow perch to migrate to historical spawning rivers and streams before spawning; and

(2) Equitably allocate harvests of yellow perch between recreational and commercial harvesters.

(b) Management strategy. -- The management strategy adopted under subsection (a) of this section shall be based on objectives and management measures that are developed in consultation with stakeholder organizations and the advisory commissions established under § 4-204 of this subtitle.

(c) Incorporation of objectives. -- The Department shall incorporate the objectives and management measures developed under subsection (b) of this section into the fishery management plan for yellow perch established under § 4-215 of this subtitle.

§ 4-215 - 3. Legislative findings and intent.

(a) Findings. -- The General Assembly finds that robust fishing resources are critical to the economy of the State and vital to a treasured heritage and way of life.

(b) Intent. -- The General Assembly intends that the Department shall manage the fisheries under § 4-215 of this subtitle to optimize the yield of fishery resources for the benefit of all citizens of the State.

§ 4-215 - 4. Task Force on Fishery Management

Repealed by Acts 2010, ch. 465, § 3, effective July 1, 2010.