When the Atlantic States Marine Fisheries Commission’s
Atlantic Striped Bass Management Board adopted Addendum
III to Amendment 7 to the Interstate Fisheries Management Plan for Atlantic
Striped Bass
last October, it included a provision that allowed Maryland to either retain the
recreational striped bass seasons that it already had in place, or to replace
them with a new set of seasons, described in Addendum III, which would
supposedly have the same conservation impact.
Amendment III justified taking such action by saying,
“Since 2015, Maryland has modified regulations for Chesapeake
Bay recreational striped bass fishery seven times, with changes including size,
bag limit, and season modifications as well as gear and targeting restrictions. These changes have built off regulations that
were previously in place for each action, resulting in newer regulations becoming
increasingly complicated through time, including a complex suite of season
closures throughout the year. In
addition, the current understanding of release mortality rates and
environmental stressors within Chesapeake Bay has resulted in some Maryland
stakeholders’ desire to adjust seasons to better take advantage of fishing
opportunities when conditions are favorable to lower striped bass release
mortality (i.e. cooler water with less hypoxia).”
The new seasons would provide anglers with 187 fishing days
when they were allowed to retain a striped bass, along with another 146 fishing
days when only catch-and-release was permitted.
The state’s hopes to increase the amount of time when anglers could
participate in the striped bass fishery, while also minimizing release
mortality by imposing a no-targeting closure during August, when the warmest,
most hypoxic waters increased the likelihood that a released bass would not
survive.
Maryland calculated that the new seasons would not impact
fishing mortality, based on the assumption that the number of fishing trips
made each day would be the same as it was in 2024. However, as noted in Addendum III,
“The [ASMFC’s Striped Bass Technical Committee] noted that an
increase in effort would be expected with a season opening from no-targeting to
allowing catch and release; however, the [Technical Committee] agreed that it
is very difficult to predict how much effort would increase, especially with
out an applicable historical reference period.
In the past when April was open to fishing, there was no harvest allowed
for part of the month, not just catch-and-release fishing as proposed here. Additionally, effort has varied from
year-to-year even under the same regulations.
The [Technical Committee] could not develop a quantitative assumption
about how effort would change when the season is opened from no-targeting to
catch-and-release that was any more defensible then the assumption of constant
effort, and so accepted the use of that assumption in this case.”
Anglers are generally supportive of the new seasons,
although a few are concerned that the extended spring catch-and-release season
might have an adverse impact on the striped bass spawn. On that point, Addendum III could only note
that
“There is also uncertainty around the effect of catch-and-release
fishing on spawning success (from the proposed opening to catch-and-release in
April) given the very limited information on this topic.”
So there remains a possibility that the new April release
season could have an impact on the spawn, although there is no
strong evidence that it would.
“mature striped bass are experiencing high rates of
catch-and-release mortality in the hot summer months. Low oxygen levels and heat-induced stress
make striped bass most vulnerable during this time.
“DNR’s proposed August closure could help reduce that
stress. The proposed change would also
add a few more days for catch-and-release fishing in April when air and water temperatures
are cooler and fish are much less likely to die.
“Lastly, the proposed season adjustment would simplify Maryland’s
fishing schedule. The current calendar
is a complex patchwork of some harvest days, some catch-and-release, and some
closed entirely for a few weeks at a time.
Simplifying to a sngle month-long closure would leave less margin for
error and help angler compliance with fishing regulations.”
Nevertheless, there was also some strong opposition to the proposed
new seasons when they appeared in a draft of Addendum III. That opposition primarily came from the
owners, operators, and organizations representing the “traditional” Maryland
charter boats, which typically take customers out with the intention of killing
a limit of bass and then immediately returning to the dock.
Thus, the
Delmarva Fisheries Association, which had already brought unsuccessful
litigation against Addendum II to Amendment 7, opposed
any change in the Maryland seasons, arguing that
“The proposed closure from July to August [sic] will
be detrimental financially, not only to the Charter industry and the
recreational industry but will also devastate tourism throughout the state of
Maryland…Another issue is bringing in catch and release of the spawning stock
in Maryland from January 1st to May 15th. Part of addendum 6 [sic]. And the most important part is to protect the
spawning stock biomass. This Catch and
release will not only harm the biomass, but studies have shown that handling
and catching these fish in the spawning cycle is detrimental to their egg production
and breeding capability…”
“We are opposed to Maryland’s Comment Atlantic Striped Bass
Draft Addendum III porposals [sic].
“Catch-and-release in April goes against the very statements
Maryland’s DNR (M. Luisi) publicly supported last year…The Maryland Y.O.Y
survey has not shown successful spawns.
A single female can carry millions eggs [sic] each year. Catch and release during the Spring migratory
season will impact tens of thousands of juvenile fish each season forward. Maryland DNR doesn’t address any impact their
new proposal may have on failed spawns.
“For every one SSB fish that is killed during the Spring
catch and release season, millions of eggs are lost!”
And
a Captain Mike Smolek, apparently representing another charter boat group,
stated that
“The Upper Bay Charter Captains Association is against
Addendum III and does not support the Maryland Chesapeake Bay Recreational
Baseline Season that has been proposed by Mike Luisi DNR.”
“Equally concerning is the proposal to reopen
catch-and-release fishing from January through May, directly targeting spawning
fish in the Chesapeake Bay at their most vulnerable stage. This period has been closed for the past six
years to protect the spawning stock, and reversing that protection contradicts
the Maryland Department of Natural Resources’ own recommendations. In addition, the proposed non-targeting
closure for recreational and charter boats from July 15 through August 31 would
compound the damage, undermining the charter industry during its peak season
and further destabilizing Maryland’s fishing economy.”
The
County Commissioners of Kent County made similar objections, writing
“on the recreational and charter boat side of the issue, it
is proposed to open up catch and release from January through May,
specifically, targeting spawning fish pre-staged and spawning in the Chesapeake
Bay Region. Historically, this time has
been closed for the past 6 years specifically to protect the spawning fish,
which completely goes against what the Maryland Department of Natural Resources
proposed last year, and to protect the spawning stock biomass of striped bass
to accomplish their [stock rebuilding] goal for 2029. The recreational and charter boats will have
a non-targeting closure next summer from July 15th to August 31st. As proposed, these reductions are unnecessary
and will cause significant financial hardships for the industry, economic
tourism in the County, and income generated by people who fish in Maryland.”
And that seems to be where the Maryland proposal stands now—with
the politicians, and not with the Department of Natural Resources, nor with the
people of the State of Maryland.
But now politicians, working to protect special interests invested
in the status quo, have intervened. Jay A.
Jacobs (R-36th District), a member of Maryland’s House of Delegates
representing four counties on the state’s Eastern Shore, is doing his best to
block the proposed rule. He has
prevailed upon Delegate
Samuel Rosenberg (D-41st District), the House Chair of the Joint
Committee on Administrative, Executive, and Legislative Review, to delay
the final adoption of the new seasons by imposing a “hold” on the rule.
Delegate
Rosenberg can do that because, under Maryland law,
“Proposed state agency rules are reviewed by the [Administative,
Executive, and Legislative Review] Committee with regard to the legislative
prerogative and procedural due process…
“Copies of all regulations of each State agency are received
by the Committee. Unless submitted to
the Committee, certain regulations or standards may be invalid… [citations omitted]”
While submission of regulations to the Committee is usually
a routine matter—little more than checking off a box—in this case, because of
Delegate Jacobs’ pandering to the Eastern Shore charter boat community, the
rulemaking process has been stalled for as much as 60 days, far longer than
needed to ensure that there will not be an extended spring catch-and-release
season this year. But beyond that, it
will accomplish nothing.
If the Maryland Department of Natural Resources decides to
implement the new seasons, it will—just 60 days later than it would have had
the Committee not invoked a hold. In
that case, August 2026 will still be closed to all striped bass fishing in
Maryland’s portion of the Chesapeake Bay; the catch-and-kill charter fleet will
not have gained a reprieve. The hold
just allows them to spite the new fleet of light-tackle charters who encourage
catch-and-release and haven’t made dead striped bass an essential part of their
business model, by taking away their spring season this year—but only
this year, if the new seasons are ultimately put in place.
That’s no way to manage striped bass—or any other fishery.
It’s not impossible that those who believe that the spring
fishery will harm spawning striped bass are right, at least in part. And if that’s what Delegate Jacobs is worried
about, then instead of placing a temporary and ultimately purposeless hold on the
proposed regulations, he ought to be doing his job as a legislator, and fighting
to fund a study that might provide the proof.
Otherwise, he ought to get out of the way and let Maryland
regulators do their jobs.
Folks who agree might want to send a message to Delegate
Rosenberg, at samuel.rosenberg@house.maryland.gov,
asking him to release the hold on the proposed season change. If enough emails are sent, he might even
agree.