Chesapeake Bay News

On February 22, 2010, the Maryland Department of Natural Resources (DNR) Wildlife and Heritage Service announced that shoreline license applications are now being accepted from riparian (waterfront) property owners. Anyone owning riparian property, or persons who have the permission of the riparian property owner, may license their shoreline for the purpose of establishing stationary blinds or blind sites for hunting waterfowl, or to prevent others from licensing the shoreline at a later date.

All applications and fees must be submitted by mail or in person and received by the close of business June 1, 2010. Riparian property owners may now license their shoreline for a period of one year ($20) or three years ($60). Landowners who miss the June 1 deadline may participate in the “open” licensing process that begins August 3.

Applications and information on laws related to shoreline licensing for riparian property owners are available at the DNR website www.dnr.maryland.gov/wildlife/riparian.html or by calling the Wildlife and Heritage Service at 410-260-8540, toll free at 1-877-620-8DNR (8367).

source: MD DNR press release

Mike Lyons of Denton, MD will find out if his recent striped bass catch is worth $500 or $25,000 at the 2009 Maryland Fishing Challenge Finale on September 19, 2009. Lyons caught the fifth tagged striped bass in the Fishing Challenge while trolling off Benoni Point in the Choptank River near the mouth of the Tred Avon River.

“I want to congratulate Mr. Lyons as a winner in the 2009 Maryland Fishing Challenge,” said Governor Martin O’Malley. “Our State’s wonderful, recreational fishing opportunities are accessible to and affordable for all Maryland families, and a great way for everyone to enjoy and connect with our great outdoors.”

The Fishing Challenge started June 1 and ran through Labor Day, September 7, 2009. Throughout the summer, three batches of specially tagged striped bass – each including one authentic Diamond Jim and at least 49 imposters – were released into the waters of the Chesapeake Bay and its tributaries. By the end of the Challenge five stripers were caught; all but the most recent have been verified as imposters, carrying a $500 prize.

Lyons will also be entered in the grand prize drawing at the award ceremony during the finale. The grand prizes include a boat, motor and trailer from Bass Pro Shops and thousands of dollars in prizes from Bill’s Outdoor Center on Deep Creek Lake. All eligible winners will receive their rewards at the ceremony in September.

“I thought it was joke [when I pulled in the striped bass]. I’ve never seen a fish a tagged like that,” said Lyons. “[Fishing is] supper on the table, but it’s good to get away. I’ve fished most of my life.”

Through the citation component, more than 60 species of fish were eligible for the grand prizes, including large and smallmouth bass, trout, walleye, musky and panfish in the freshwaters of Maryland; rockfish (striped bass), bluefish, drum, sea trout and perch in the Chesapeake Bay; and tuna, marlin, flounder, kingfish and sea bass caught in Maryland waters off the Atlantic Coast.

Anglers making qualifying catches took their fish to any of the 88 official citation award centers located across Maryland. Fish are then measured and certified, and anglers receive documentation for their award citation. Anglers are then automatically entered in the contest final awards ceremony and are listed on the DNR website.

For a complete list of citation centers and entrants go to http://www.dnr.maryland.gov/fishingchallenge/index.asp.

As an added youth component, children participating in various fishing rodeos across the State qualified for a unique category and win a guided fishing trip.

“Catch a fish” is one of the Maryland Children’s Outdoor Bill of Rights, issued by Governor Martin O’Malley in April. The Bill is part of the Maryland Partnership for Children in Nature, an initiative to ensure all Maryland young people have the opportunity to connect with their natural world and grow to become informed and responsible stewards.

source: DNR press release

A new website will increase government transparency and expand public participation in President Obama’s Executive Order on Chesapeake Bay Protection and Restoration. The website will serve as the clearinghouse for all Executive Order information, including news, documents and events from the various federal agencies working on new approaches to cleaning up the nation’s largest estuary. The public can also provide feedback on the website and use online tools to track Executive Order activities.

The website address is http://executiveorder.chesapeakebay.net

“President Obama wants real action and real results in restoring and protecting the Chesapeake Bay. The best way to ensure that we meet those goals is to reach out and engage the Bay communities,” said U.S. Environmental Protection Agency Administrator Lisa P. Jackson, who chairs the Federal Leadership Committee overseeing development of the Executive Order. “Executiveorder.chesapeakebay.net is a way for everyone – from concerned parents, environmental advocates, and men and women who make their living on the Bay – to be part of the solution. The website will help promote transparency in our work and accountability to the 17 million residents of the Chesapeake Bay watershed.”

Through a blog format, a variety of content will be posted on the website in the weeks and months ahead, such as discussions of the key challenges facing the Chesapeake Bay, announcements of upcoming public meetings and events, and documents required by the Executive Order. On September 9, the draft reports on how federal agencies will address topics including water pollution, climate change and public access will be available to the public and published on the website. By November 9, these reports will be incorporated into a draft strategy for restoration and protection of the Chesapeake Bay, which also will be available online.

Input from the public is critically important to the federal agencies as the various reports and overall strategy are created. When the draft strategy is released on November 9, the formal public comment period will begin. But until then, feedback can be posted on the website under the Provide Feedback section. The federal agencies will receive any information that the public posts online.

The public is also encouraged to track Executive Order developments by utilizing the RSS feed, Twitter updates and Facebook page. Video and photos will be available on the YouTube and Flickr channels. Access to these tools can be found under the Stay Connected section at http://executiveorder.chesapeakebay.net

EXECUTIVE ORDER BACKGROUND

On May 12, 2009, President Obama signed an Executive Order that recognizes the Chesapeake Bay as a national treasure and calls on the federal government to lead a renewed effort to restore and protect the nation’s largest estuary and its watershed.

The Chesapeake Bay Protection and Restoration Executive Order established a Federal Leadership Committee that will oversee the development and coordination of reporting, data management and other activities by agencies involved in Bay restoration. The committee will be chaired by the Administrator of the Environmental Protection Agency and include senior representatives from the departments of Agriculture, Commerce, Defense, Homeland Security, Interior, Transportation and others.

These agencies will submit draft reports by September 9, 2009 that make recommendations to:

* Define the next generation of tools and actions to restore water quality in the Bay and describe the changes to be made to regulations, programs and policies to implement these actions.

* Target resources to better protect the Bay and its rivers, particularly in agricultural conservation practices.

* Strengthen storm water management practices for federal facilities and federal land within the Bay watershed and develop a best practices guide for reducing polluted runoff.

* Assess the impacts of climate change on the Bay and develop a strategy for adapting programs and infrastructure to these impacts.

* Expand public access to the Bay and its rivers from federal lands and conserve landscapes of the watershed.

* Expand environmental research, monitoring and observation to strengthen scientific support for decision-making on Bay restoration issues.

* Develop focused and coordinated habitat and research activities.

In preparing the reports, federal agencies will consult with the governments of the seven Bay jurisdictions – Delaware, Maryland, New York, Pennsylvania, Virginia, West Virginia and the District of Columbia. By November 9, the Federal Leadership Committee will integrate these reports into a draft strategy for restoration and protection of the Chesapeake Bay. This draft strategy will be available for public comment and a final strategy will be completed by May 12, 2010.

Beginning in 2010, the Federal Leadership Committee will publish an annual Chesapeake Bay Action Plan that describes how federal funding will be put toward Bay restoration in the upcoming year. It will be accompanied by an Annual Progress Report that reviews current environmental conditions and assesses implementation of the strategy. An independent evaluator will also periodically report on progress toward meeting the goals of the Executive Order.

Governor Martin O’Malley has signed three new bills into law which will impose more serious penalties for fishing law violations in Maryland.

“This legislation, like so many other efforts we are working on in Maryland, reflects our steadfast resolve to protect and maintain our State’s vast and diverse fishery population,” said Governor O’Malley. “Poaching and other illegal fishing activity amounts to stealing the valuable natural resources that are critical to maintaining healthy rivers and bays. This legislation establishes much needed, more timely and consequential penalties that are necessary to prevent theft from and harm to the resources we hold in the public trust.”

House Bill 1355 will allow DNR to apply a reasonable commercial license suspension or revocation when someone is convicted of violating a commercial fishing law. Prior to enactment of this legislation, DNR could not suspend a commercial fishing license unless an individual incurred multiple convictions over two to five years. The bill does away with the need to first consider the frequency of convictions, as well as the need to first consider multiple convictions before a suspension or revocation can take place. This will provide a more serious consequence for fishing law violators, whose current penalty is generally a minimal fine, which in most cases is not a sufficient deterrent.

“As legislators, we continually hear about the need to reduce the decimation of the Bay,” said Delegate Steve Lafferty, who sponsored House Bill 1355. “This is an important step to reducing the illegal takings that are reducing our legal fisheries. I am more than pleased to work with the Department to address this problem.”

House Bill 1419 was borne from recommendations of the Task Force on Fisheries Management. The bill will increase the maximum allowable fine upon conviction from $500 to $1,000 for a first offense and from $1,000 to $2,000 for a second or subsequent violation of fisheries law. These fines have not been increased since their adoption in 1973. The bill also allows the DNR to impose restitution or other monetary penalties on a person convicted of violating certain fisheries laws and authorizes the DNR to establish a list of monetary and ecological values for aquatic species. Restitution paid will be used for replacement, habitat management, or enforcement programs for fish or protected species.

“Our task force knows that good fisheries management requires effective enforcement,” said Tom Lewis, Chairman of the Task Force on Fisheries Management. “We are pleased with DNR’s success in following through with our recommendations for additional legislation. These bills will help strengthen and rationalize the enforcement tools available for fisheries violations.”

Senate Bill 164 was also developed from recommendations of the Task Force on Fisheries Management. This legislation gives DNR consistent authority to suspend recreational fishing privileges across both tidal and non-tidal waters. A clearer, more consistent process will promote compliance with fishing regulations, give DNR greater enforcement tools and send a clear message to the public about the process of fishing license suspension.

“Violating the law is a crime and should be treated as such, whether the theft is bushels of oysters or blue crabs or a television or stereo,” said DNR Secretary John Griffin. “The enactment of these bills provides an additional measure of protection to our aquatic resources by discouraging violators who would intentionally abuse them.”

Governor O’Malley established the 17-member Task Force on Fisheries Management, comprised of scientists, recreational anglers, watermen, charter boat captains and conservationists, in November 2007. The Fisheries Management Reform Act (Senate Bill 1012) charged the Task Force with developing new strategies to better manage Maryland’s valuable fishery resources and develop recommendations for methods to improve, modernize, and streamline fishery management.

The Maryland Department of Natural Resources (DNR) has adopted new regulations for the 2009 recreational and commercial blue crab fisheries. Like the 2008 regulations, these regulations are designed to achieve the target annual fishing level of 46 percent, with a continued focus on protecting mature female crabs to accelerate stock rebuilding. The target removal rate is based on advice of the Chesapeake Bay Program Stock Assessment Committee and represents the percentage of crabs that can be safely removed from the population each year.

“Once again, the Maryland regulations are closely coordinated with actions undertaken by the Commonwealth of Virginia and the Potomac River Fisheries Commission to ensure a Bay wide approach to blue crab conservation and management,” said DNR Secretary John Griffin.

During the summer and fall of 2008, the Department worked closely with the blue crab industry to develop alternative management strategies for 2009.

“The 2009 regulations are designed to spread the regulatory impact throughout the crabbing season,” said Frank W. Dawson, DNR Assistant Secretary for Aquatic Resources Programs. “The 2008 crabbing restrictions were focused on the fall of the year, which disproportionately impacted the Lower Eastern Shore. The new proposals strive to maintain adequate conservation of females and meet the management principles of measurability, reliability and enforceability. In 2009, DNR will use Federal Fisheries Disaster Funds to place at least two additional enforcement officers on the water to ensure compliance to the blue crab regulations.”

The new regulation contains a combination of daily bushel limits for mature female hard crabs and periods of closure for harvest of mature female hard crabs. Mature female hard crab bushel limits will be assigned based on license type. The regulation further provides DNR with the authority to establish and modify a season or catch limit by public notice based on continuous monitoring of stock conditions and harvest rates.

Based on a large volume of public comment, the Department withdrew the Limited Crab Catcher (LCC) component of the proposal which would have frozen latent (unused) LCC licenses that have not been used during the years 2004 through 2008.

“During the course of public comment on the proposed 2009 regulations, the vast majority of verbal and written comment was directed at this latent effort provision,” said DNR Secretary John R. Griffin.”Many of those who commented expressed concern over the fairness of freezing the commercial licenses of individuals who have not been crabbing in efforts to restore crab populations. Others expressed concern that the proposal does not adequately address the full challenge of protecting a stressed crab population from over 6,000 commercial licensees, when less than one third of those licensees reported catching crabs in recent years.”

Latent effort in the blue crab fishery remains a major concern as the work to rebuild blue crab populations continues. Latent effort is defined as licensed potential fishing effort that has not been used to full capacity in recent years. This includes licenses that are held, but not used, and fishermen that are fishing below licensed capacity. Large amounts of licensed latent effort re-entering the fishery could short circuit the rebuilding process.

DNR has initiated a review of management goals and public comment on the latent effort issue to identify alternative solutions. The Department expects to re-propose regulatory action later this spring so that a regulation to address latent effort is effective by September 1, 2009.

Finally, there are no significant changes to the recreational fishery under the adopted 2009 regulations. Regulations prohibiting the harvest of all female crabs (except soft crabs) to recreational crabbers remain in place for 2009.

The Department withdrew the portion of the 2009 regulatory proposal that would have required a free registration for crabbers not currently required to have a license. The Department will continue to evaluate options to improve its ability to more accurately estimate the harvest of crabs by recreational crabbers.

Closure Dates & Bushel Limits

The season closure dates for commercial harvest of mature female hard crabs are:

1. June 1 through June 15, inclusive;
2. September 26 through October 4, inclusive; and
3. November 11 through December 15 inclusive.

Final bushel limits and closures may be modified after the results of the winter dredge survey are announced in April, 2009. Defining bushel limits and closures by public notice will allow the Department the flexibility to adjust restrictions so that the fishery continues to harvest no more than 46% of the total crab abundance.

On February 24, 2009 the Maryland Department of Natural Resources announced the next phase of a project involving the Oyster Recovery Partnership (ORP) and Chesapeake Bay watermen on the state’s oyster bar rehabilitation program. The project is part of a plan to help mitigate economic losses from the declining blue crab fishery, while also helping to restore the Chesapeake Bay.

“Together with the Oyster Recovery Partnership, Maryland is taking action to improve the health of the Chesapeake Bay, while ensuring that watermen have opportunities to continue to thrive,” said Governor O’Malley. “We are especially thankful to our congressional delegation and Maryland General Assembly for supporting funding which enabled these sustainable measures to be put into action.”

For the next 12 weeks, about 475 watermen will work to recover and clean oyster bars in the Tangier Sound and the Patuxent, Choptank, Tred Avon, Wicomico and Severn Rivers. Watermen will use their boats and dredge equipment to remove silt and sediment from the tops of once historically healthy oyster bars in order to prepare them for a natural spat set and/or hatchery seed planting.

The oyster bar rehabilitation program began in November of 2008 and once complete will have provided at least 10 days of paid work to over 500 watermen. Every year, the Chesapeake Bay loses 2,600 acres of hard bottom oyster habitat. By the end of these projects watermen will have reclaimed shell on 1,000 acres of oyster reefs.

The Chesapeake Bay Small Watershed Grants (SWG) Program provides grants of $20,000 to $200,000 to organizations and local governments working on a local level to implement protects that improve small watersheds in the Chesapeake Bay basin, while building citizen-based resource stewardship. The program also provides small grants for project planning and design. This program is funded by EPA’s Chesapeake Bay Program Office, as well as by NOAA Fisheries, USDA Forest Service, USDA Natural Resources Conservation Service, and other sponsors.

The RFP for the 2009 Small Watershed Grants Program is now live on the National Fish and Wildlife Foundation website, at www.nfwf.org/smallwatershed, where you will find information about the program, how to apply, and a link for the webinar we will conduct on Monday, March 16 at 12 noon. The webinar will provide guidance on how to prepare competitive applications for the CBSWG Program, as well as information about NFWF’s new Easy Grants online application system.

For more information about how to apply via Easy Grants, please go to www.nfwf.org/applicantinfo

To start an application go to www.nfwf.org/easygrants

applications are due May 1, 2009.

On January 22, 2009 the Maryland Department of Natural Resources (DNR) released new regulations designed to ensure sustainable yellow perch populations and create new opportunities for recreational yellow perch fishing. The new guidelines will take effect on January 26, 2009.

Under the new laws, the daily recreational creel limit increases from 5 fish per day to 10 fish per day.

The changes also allow the opening of previously closed watersheds to recreational yellow perch fishing. The Patapsco, Magothy, Severn, South, and West River watersheds on the western shore, and the Nanticoke River watershed on the Eastern Shore are now open to recreational yellow perch fishing.

Commercial harvesters are now required to obtain a yellow perch harvest permit and to tag and report their daily catch in order to provide greater accountability and improved harvest data. If the commercial harvest target is achieved prior to the season closure, the fishery will be closed by DNR.

Regulations now restrict commercial fishing to areas above the Rt. 50 Bay Bridge (excluding the Magothy River) and Patuxent River, and establish a target harvest for each open area. The use of commercial fyke nets are prohibited in the upper reaches of 14 streams and rivers during the spawning season in an effort to minimize user conflicts. The commercial season is shortened.

Throughout 2008, Maryland Department of Natural Resources (DNR) biologists and managers met with scientists, recreational anglers and commercial watermen to discuss a new population assessment and develop new management strategies that would allow for continued harvest and at the same time allow for growth in tidal yellow perch populations. The new assessment allowed managers to develop allocation goals and set conservative harvest quotas. The population assessment and data from a 2008 creel survey – along with angler-supplied data from an on-line survey – showed that the daily recreational creel limit could be increased.

“This year-long process is one more example of science and stakeholder cooperation guiding management decisions that promote the natural resources of Maryland,” said Tom O’Connell, Director of Maryland Fisheries Service. “The new management framework, along with continued monitoring and consultation with user-groups makes certain that the yellow perch resource is sustainable at levels that provide high quality recreational and commercial fishing opportunities for today and future generations.”

The new management measures were guided by provisions in a law passed by the Maryland General Assembly (amended Natural Resources Article, §4-215.2, Annotated Code of Maryland) in 2007.

For participating in the 2008 online creel survey, Michael Coates was awarded an ultra light spinning combo and a tackle box overflowing with lures and other tackle from Bass Pro Shops – perfect for the upcoming yellow perch run. Another lucky angler will win a spinning combo for providing their 2009 recreational yellow perch catch data to DNR. To participate, just log on to the Maryland DNR website: http://dnrweb.dnr.state.md.us/fish/yellowperch/default.asp

Maryland Department of Natural Resources Hydrographic Operations crew has broken ice aboard the A.V. Sandusky along the coastline of Kent Narrows.

“Our work of deicing Maryland’s waterways allows accessibility to a variety of people,” said Captain Shawn Orr. “If we let the ice build up on some of these areas for too long, it can inhibit the daily lives of many that rely on our State’s iconic aquatic resources.”

Deicing allows law enforcement units, such as the Maryland Natural Resources Police, commercial watermen using pound nets and public service vessels, such as fuel barges, to operate during winter conditions. The Smith Island community of Maryland relies heavily upon this service to allow boats to transport students to school, the U.S. mail to be delivered and commerce on the island to occur.

The diesel-powered A.V. Sandusky has 700 horsepower and can operate in up to 8 inches of ice. The vessel was built in 1989 and is 80 feet long.

When not performing this seasonally important responsibility, Hydrographic Operations manages about 2,500 floating and 360 fixed navigational and regulatory aids with a staff of 22 across the entire state of Maryland. The three ice-breaking vessels serve as buoy tenders and their other tailored outboard boats mark safety hazards near dams, as well as state and county lines.

Maryland’s Task Force on Fisheries Management recently submitted its 2008 Legislative Report to Governor Martin O’Malley, members of the Maryland General Assembly, and Maryland Department of Natural Resources Secretary John R. Griffin.

“Maryland’s diverse fishery resources are irreplaceable, often serving as the center of our local economies, culture and quality of life,” said Governor Martin O’Malley. “We appreciate the many hours volunteered by the task force’s members to work with our fishery managers to improve the way we manage and protect fish resources across the state.”

The Task Force’s report offers more than 30 specific recommendations on habitat preservation and restoration, fisheries stock monitoring and assessment, data management, fishery management, legal issues, and enforcement.

“Enforcing fishing laws and regulations, and protecting and restoring habitat are critical issues facing fisheries conservation in Maryland,” said Task Force Chairman, Thomas B. Lewis. “Without quality habitat, other efforts to improve fisheries management and protection will be of limited value. Additionally, in order to successfully meet current and future fisheries management challenges, stronger enforcement – on the ground, in the water, and in the courts is desperately needed. Without enforcement, even the best fishery management plans are doomed to fail.”

Highlights of the Task Force’s recommendations include:

* Rebuilding DNR’s environmental review group and developing strategic, quantitative habitat criteria for state and local land use planners and permitting agencies to use in order to protect waterways and aquatic resources;

* Prioritizing fisheries stock monitoring activities, with citizen input and a continuing evolution toward multi-species and ecosystem-based monitoring;

* Centralizing biological, harvest and angler data to create a searchable, comprehensive database accessible to fisheries managers, habitat managers, and land use decision-makers;

* Expanding DNR’s legal authority to create management plans for additional species and increase public involvement in development and implementation of fisheries management plans;

* Updating and revising antiquated and inconsistent fisheries laws; and

* Establishing a permanent funding source for the Natural Resources Police to avoid future loss of personnel and fund critical equipment upgrade needs.

“Members of the task force, while representing divergent constituencies, came together with Fisheries Service professionals in a remarkable collaboration to evaluate Maryland’s fisheries management and find practical ways to improve and modernize the State’s efforts,” said Lewis. “We believe these proposed improvements will lead to increased citizen involvement, higher focus on habitat protection and restoration, and additional enforcement support to protect our fisheries. We are also glad to see that many of our recommendations are already being implemented by the Fisheries Service.”

During the 2009 session of the Maryland General Assembly, DNR expects to request legislation to implement some of the Task Force’s recommendations.

Governor O’Malley established the 17-member task force, comprised of scientists, recreational anglers, watermen, charter boat captains and conservationists, last November. The Fisheries Management Reform Act (Senate Bill 1012) charged the Task Force with developing new strategies to better manage Maryland’s valuable fishery resources.

For the full report, visit http://www.dnr.maryland.gov/fisheries/taskforce/.

source: DNR press release