Joint Statement of Diverse Conservation Groups on Maryland Senate Bill 13 and House Bill 202: “Finfishing – Closure of State Waters”

Summary: In the winter of 2003 a piece of legislation entitled the “Fishery Management Plans – Sport Fishing” was introduced into the Maryland General Assembly. The bill grew from the desire of Maryland sportfishing groups to pass state legislation similar in concept to the national “Freedom to Fish Act” pending in Congress. A variety of fishing and conservation interests participated in the legislative process and the diverse views resulted in a number of proposed language changes. However, in the short time frame of the state legislative session no consensus could be reached. The Senate Education, Health and Environmental Affairs Committee referred the matter to summer study.

During the summer of 2003 several organizations were assembled to see if a consensus bill was achievable. The following organizations participated as members of this summer study group: Chesapeake Bay Foundation, Coastal Conservation Association, Federation of Fly Fishermen, Maryland Aquatic Resource Coalition, Maryland Bass Federation, Maryland Department of Natural Resources, Maryland Saltwater Sportfisherman’s Association, Maryland Waterman’s Association, Recreational Fishing Alliance, Trout Unlimited and World Wildlife Fund. Following four lengthy meetings and extensive discussions between the organizations, the group was able to arrive at consensus modifications to the bill. In the fall of 2003, the participants in the summer study appeared together to brief the Senate Committee and reported the positive results of their efforts.

The new version of the legislation was introduced into the 2004 Maryland General Assembly as Senate Bill 13 and House Bill 202: “Department of Natural Resources – Finfishing – Closure of State Waters.” Final amendments were made by the summer study group following the Senate hearing on January 27th and identical House and Senate bills were passed unanimously out of their respective chambers. It is anticipated that the legislation will pass within a matter of days and will take effect on June 1, 2004.

Statement: We, the undersigned organizations, do hereby state:

Our summer study group was comprised of a diversity of state and national organizations that represented recreational and commercial fishermen, conservation interests, marine and freshwater interests, and the broader general public;

Each organization came to this legislation with its own ideas as to what should be included in the substantive elements;

Numerous issues were raised by the participating organizations, with the two broad concepts requiring resolution being: without legislation, Maryland’s state waters might be arbitrarily closed to finfishing, or, with poorly crafted legislation, Maryland would be unduly constrained in any appropriate effort to use closures as a bona fide environmental management tool;


At the first meeting, we arrived at consensus regarding the purpose of the legislation: to prevent arbitrary closures of all Maryland state waters to finfishing while not unduly constraining the State in its ability to manage fisheries consistent with its statutory obligations, including its ability to completely close an area to all finfishing if appropriate for maintaining or restoring aquatic ecosystem health;

Following hard work and an unprecedented level of cooperation, we were able to craft agreeable language for a Maryland bill which we believe advances the conservation of Maryland’s natural resources by designating a clear process to follow when a closure to all finfishing is proposed;

We have found tremendous value in the process that brought our diverse organizations together and promoted the frank exchange of ideas and views and the positive experience of arriving at consensus solutions to the challenge at hand;

We have re-discovered the breadth and strength of our common interests and drawn tighter boundaries around our differences as a result of comprehensive and on-going discussion;

We are now seeking to take further advantage of our relationships by pursuing other actions that will benefit the natural resources about which each of our organizations is concerned;

By virtue of the participation of several national organizations in our process, we are fully cognizant that similar legislation is being considered in other states around the country;

We are optimistic that by describing our process of cooperation and providing the text of our negotiated legislation, we can contribute in some way to the national discourse on this issue.

Signed:
Chesapeake Bay Foundation
Coastal Conservation Association
Federation of Fly Fishermen
Maryland Aquatic Resource Coalition
Maryland Bass Federation
Maryland Department of Natural Resources
Maryland Saltwater Sportfisherman’s Association
Maryland Waterman’s Association
Recreational Fishing Alliance
Trout Unlimited
World Wildlife Fund


Maryland Senate Bill