New Maryland fishing regulation has some small businesses concerned

MARYLAND - In Maryland’s smaller towns along the Chesapeake Bay, an industry filled with small businesses is concerned about a new regulation centered around the state's fish: the striped bass.

The Maryland Charter Boat Association has about 400 members. People come and pay them to go out on their boats, and they can catch striped bass, also known as the Rockfish.

It used to be that people who paid to go on these charter boats in Maryland on the bay could take two fish per person. Then, in January of this year, the Atlantic States Marine Fisheries Commission enacted a new rule where these charter boats could only have one fish per person.

The Charter Boat Group says the result of that rule has been devastating for business.   

"There have been 19 charter boats that have been sold in the last two and a half months and another half a dozen that are already listed," said fisherman Brian Hardman with Lead Dog Charters. "At one point, it was down 50% to 60% but it’s down, in a lot of cases, 70% to 75% and you can’t survive on that knowing next year might be just as bad as this year." 

The Atlantic States Marine Fisheries Commission is a compact of states focused on collectively sustaining fisheries. The Charter Boat Group and other interested parties filed a lawsuit over this saying, in short, the new regulation was unnecessary and not within the Commission’s authority.

The charter boat companies say the number of striped bass pulled from the bay has decreased in recent years and they don’t necessarily believe the population is declining but rather that the fish have changed its migratory patterns.

In its response, the Commission says this rule change is part of a necessary series of policy changes to ensure the long-term health and longevity of the striped bass population, which they believe is overfished, while arguing that they do have the authority to do this.

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They also cited how the Maryland Department of Natural Resources enacted an emergency rule earlier this year to protect the striped bass, citing low spawning rates.

"This is a significant concern because it indicates that there have been fewer striped bass entering the population at the coastwide level and at the Chesapeake Bay Level each year to replace those striped bass that are lost to fishing mortality and natural causes," the Atlantic State Marine Fisheries Commission said in a statement in response to the lawsuit.

Hardman says he wants to see data collection methods on these fish improve, frustrated that outside states in the Commission can make this decision impacting his business.

"While they’re trying to adapt to it, these harsh regulations are coming down on us taking more days away, reducing our limit and reducing, putting a slot limit on it, all of which is a detriment to our business," Hardman said. "If they did find out what we’re saying is correct and it’s not as bad as it seems and didn’t require these emergency detrimental regulations, I mean you’ve got a lot of charter boats that are going to be out of business at the end of this year." 

Representatives for the Commission declined FOX 5’s request for an interview, citing ongoing litigation.

The back and forth on this lawsuit continues as the regulation of one fish remains. In the meantime, these charter boats are hoping to get a stay to allow for two fish to be allowed again.

Hardman tells FOX 5 that they’re waiting for a federal court in Richmond to determine if they’ll hear the case.