On Tuesday, the U.S. Supreme Court rejected an emergency petition from Maryland fishing groups to block new fishing restrictions around striped bass. Filed March 4, the petition claimed the Atlantic State’s Marine Fisheries Commission imposed “drastic, unwarranted, and illegal limitations” on striped bass fishing in the Chesapeake Bay and along the Atlantic coast. The coalition of charter captains, commercial fishermen, and their supporters said the restrictions were unconstitutional and would hurt small fishing businesses.
The decision comes after months of lower court proceedings, during which the Maryland-based Delmarva Fisheries Association and the Maryland Charter Boat Association attempted to stop the implementation of the Commission’s 2024 striped bass management plan. Better known as Addendum II, the plan called for shorter fishing seasons and reduced commercial quotas. Passed in January by a 14-2 vote, Addendum II also limits recreational anglers to keeping only a single striped bass per day, compared to the previous limit of two stripers.
The new measures are set for the 2025 fishing year, with tighter regulations taking effect across different jurisdictions throughout the year. Maryland’s summer/fall recreational striped bass season in Chesapeake Bay and its tributaries opens May 16.
The Atlantic State’s Marine Fisheries Commission is a partnership of 15 coastal states working together to manage and protect marine species, including important sport fish like American shad and winter flounder. Two of those states, Maryland and New Jersey, voted against the measure.
Maryland, however, walked back its “no” vote and agreed to implement Addendum II restrictions under federal pressure. The Maryland Attorney General’s Office acknowledged in a letter that failing to comply with the new rules could trigger a federal moratorium on all striped bass fishing in state waters, according to the Star Democrat.
During a public comment period before the approval of Addendum II, the Commission received over 4,000 written comments from individuals and organizations. The comments overwhelmingly supported reducing creel limits, size limits, and/or shortening the season for striped bass, with 2,853 comments in support and 517 comments asking for no change in management.
Despite this level of public support, however, industry leaders claim the restrictions will have a severe economic toll on the recreational fishing industry.
Michael Luisi, Vice Chair of the Mid-Atlantic Fishery Management Council cautioned the Commission that limiting Maryland charter boat clients to one striper per day would “put people out of business.”
Documents filed by the plaintiffs in the case suggest the Commission neglected to consider the immediate economic dangers to small businesses if the limitations were implemented. They also claimed federal overreach and argued that the Commission was exceeding its authority as an advisory body by taking regulatory powers reserved for the federal government.
“The economic impact is undeniable,” Maryland Charter Boat Association president Brian Hardman told reporters. “We’ve seen a 75-85 percent decline in business, boats being sold off, and captains leaving the industry. The Commission rushed through regulations without considering the devastating impact on local livelihoods.”
The Commission defended its actions in court, stressing the importance of striped bass conservation over the financial impact it might have on Maryland’s charter boat businesses.
“The science may be imperfect, but the consequences of inaction could be severe,” a Commission spokesperson told the Star Democrat. “We understand the economic hardship this creates, but the long-term health of the fishery must come first.”
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While data on striped bass populations has been inconsistent, the Commission is responding to several data points indicating overfishing, including low recruitment rates (yearling bass entering the population) despite an increase in the number of spawning females.
“Striped bass are experiencing a host of stressors, from degraded habitat due to climate change to invasive predators such as blue catfish,” Chesapeake Bay Foundation executive director Chris Moore said in a statement. “These challenges will make it even harder for striped bass to rebound like they have in the past.”