MD Terrapin Update: Proposed Regs & July 10 Public Mtg.

MD Terrapin Update: Proposed Regs and Public Meeting Monday July 10 MD DNR has made the proposed emergency and temporary regulations available for review and public comment through July 17th (copied below). They are also sponsoring a public meeting Monday, July 10th (details below).In summary the proposed regs: – shorten the season to August 1st – November 1st – limit catch to terrapin with a plastron of 4-7 inches, which includes all adult/breeding males and roughly 50% of adult/breeding femalesThe proposed regulations do not: – limit the number of commercial permits they will issue – limit the total harvestCurrently the harvests are increasing but are vastly unreported: “Between 2000 and 2004, according to the state, Maryland’s diamondback terrapin harvest surged from zero to 2,800 pounds. But seafood dealers in the state report buying 10,000 pounds of terrapins in 2004, a discrepancy the state can’t readily explain. Virginia bans commercial terrapin fishing, but in Maryland there’s a nine-month open season, with no limit.” (Williamson, E., Jan 22nd: http://www.washingtonpost.com/wp-dyn/content/article/2006/01/21/AR2006012101439.html ) This does not include incidental take in nets and crab pots, unreported mortality, and loss to ghost crab pots, and it does not this address the influence of nesting beach loss etc., etc.. Indeed these figures may not encompass the full extent of unreported harvesting. The information on the DNR’s position provided by recent articles is frequently contradictive yet is still used to support unlimited harvesting so I will ask you to draw your own conclusions. Most recently from the Jun 21st Baltimore Sun article, ___Slattery acknowledged that the agency doesn’t have statistics on how many of the turtles are in the bay or how many are taken out____, but he is then quoted saying, ___We agree that additional conservation action is warranted, but the scientific basis for that is lacking___Despite what people would have you believe, they’re abundant.” (Kobell R., Jun. 21st: http://www.baltimoresun.com/news/local/bal-md.terrapins21jun21,0,1404021.story?coll=bal-local-headlines)There is a very interesting summary of the positions, economics and funding etc. of the harvest in the detailed fiscal note that accompanied HB980. It is worthwhile reading before comment & can be found at http://mlis.state.md.us/2006rs/fnotes/bil_0000/hb0980.pdf For example, part of the information contained in the revised fiscal note that accompanied the terrapin bill HB980 is “Moderate trapping effort on or near a nesting beach can destroy 95% of a nesting population within one or two years.” (http://mlis.state.md.us/2006rs/fnotes/bil_0000/hb0980.pdf , bottom of p. 2).As these proposed regulations are being submitted as both emergency and permanent regulations, your comments are very important, do not doubt that. Information on where to direct your comments can be found immediately below. Thanks and if I can be of any help, please email me directly. –AlexandraPS – Please pardon any cross-postings – thanks.Opportunity for Public Comment [http://www.dnr.state.md.us/dnrnews/infocus/terrapin_comments.asp ] The Department will hold a public meeting to present and discuss these regulatory changes on Monday, July 10, at 7:00 p.m., in C-1 conference room at the Tawes State Office Building, 580 Taylor Avenue, Annapolis, Maryland.If you would like to make comments, please contact Sarah Widman or Harley Speir, Fisheries Service, B-2, Tawes State Office Building, 580 Taylor Avenue, Annapolis, Maryland 21401, or call (410) 260-8260, or fax to (410) 260-8278 or email to swidman@… . Comments must be received by July 17, 2006.Terrapin Regulations [http://www.dnr.state.md.us/dnrnews/infocus/terrapin_regulation.asp ] The purpose of this action is to make changes to existing terrapin regulations consistent with the recommendations of the Maryland Diamondback Terrapin Task Force. The status of the terrapin statewide is undetermined but is in decline in some areas. The regulations provide increased State protection.The proposed action would change the diamondback terrapin size limit from a minimum 6 inches to a minimum 4 inches and a maximum of 7 inches to protect more of the larger, mature females. The closed season would expand from May 1 through July 31 to November 1 through July 31. The period of legal capture would be reduced from 9 months to 3 months. By extending the closed season, overwintering, breeding, and egg-laying periods would be protected. A permit would be established for all commercial harvesters of terrapin with mandatory reporting for each permittee. Turtle excluder devices are required in recreational crab pots and this regulation references this excluder device requirement in regulation 08.02.03.07 . If adopted, the emergency regulation will read as follows:08.02.06.02.02 Terrapin A. Size. A person may not catch or possess a diamondback terrapin, whether it was caught within the State or within any other state, territory, or country, that is less than 4 inches or greater than 7 inches in length measured across the greatest length of the free edges of the plastron parallel to the midline from the front of the diamondback terrapin to the back.- Eggs. A person may not possess, destroy, or disturb in any manner diamondback terrapin eggs.Season. A person may not take or possess diamondback terrapin during the period from November 1 through July 31.- Pets. The provisions of this regulation relating to size and season do not apply to a person who owns not more than three diamondback terrapins kept as pets.- Permits. A person catching diamondback terrapins for commercial purposes must hold a valid diamondback terrapin permit issued by the Department of Natural Resources and be licensed to fish for commercial purposes in accordance with Natural Resources Article, ____4-701 and 4-902, Annotated Code of Maryland. Permits issued by the Department shall be valid beginning on August 1 and expiring on October 31 each year. Applications for permits must be received between June 1 and July 31 of each calendar year. Permits issued by the Department are not transferable. A person permitted by the Department to harvest diamondback terrapin shall record the harvest of diamondback terrapin on the permit and on the Daily Commercial Fisheries Catch Log and submit the information to the Department by December 1 following the permitted season.- All crab pots set for recreational purposes shall be equipped with a turtle reduction device as required in 08.02.03.07B. Questions and Answers aboutDiamondback Terrapin Management History and the Proposed Regulation [http://www.dnr.state.md.us/dnrnews/infocus/terrapin_faq.asp ] What restrictions are currently in place to protect the Diamondback terrapin?
Natural Resources Article 4-903 Annotated Code of Maryland authorizes the Department to adopt regulations governing the catching of terrapin and conservation of terrapin resources, while taking into consideration the establishment of a season and legal size. Current regulation states that the minimum harvest size is six inches, a person may not possess or destroy eggs, the closed season is May 1 ___ July 31 and a person is allowed to keep no more than three terrapins as pets. Code of Maryland Regulation 08.02.03.07 requires that all crab pots set for recreational purposes be equipped with a turtle reduction device. Natural Resources Article 4-902 Annotated Code of Maryland requires that a person catching terrapin for sale must have a commercial license. What is the Diamondback Terrapin Taskforce?
Executive Order 01.01.2001.05 established the Maryland Diamondback Terrapin Taskforce to evaluate data and management practices for Diamondback terrapin and present findings and recommendations to the Secretary of the Department of Natural Resources. The final report was submitted September 20, 2001. The Taskforce report acknowledged that the current population status and general health of the population is unknown. The Taskforce recommended 18 interim management strategies to the State. Are these regulations required because House Bill 980 passed in the 2006 legislative session?
House Bill 980 modifies Natural Resources Article 4-903 Annotated Code of Maryland to require the Department to adopt regulations consistent with the recommendations of the Maryland Diamondback Terrapin Task Force and to prepare a fishery management plan for terrapins. The bill will not be effective until October 1, 2006, which is during the proposed open harvest season. This proposal is based on the intent of House Bill 980 but is authorized under the existing law. A proposal after the effective date of House Bill 980 would postpone these conservation measures another harvest season. The terrapin management plan is not part of this regulatory proposal, but will be created to guide future management decisions. Why an emergency regulation?
A proposed (permanent) regulation takes at least 94 days to become effective. An emergency proposal may be effective when the Administrative, Executive, and Legislative Review Committee (AELR) signs the regulation. In this case, the Department has asked AELR to make the regulations effective August 1 to ensure conservation measures begin at the start of the proposed open season. The Department has also submitted a permanent proposal because emergency regulations expire. This proposal is identical to the emergency proposal and should become effective September 25, 2006. Diamondback Terrapin Regulatory and Legislative History Handout see: http://www.dnr.state.md.us/dnrnews/infocus/terrapin_history.asp