MARYLAND

DEPARTMENT OF NATURAL RESOURCES

DECISION MEMORANDUM

TO: Joseph C. Bryce, Chief Legislative Officer

Matthew D. Gallagher, Deputy Chief of Staff

FROM: John R. Griffin, Secretary

DATE: January 24, 2007

SUBJECT: Terrapin Moratorium

ACTION NEEDED: Decision to proceed with regulatory proposal.

ISSUE: Due to the life history profile, habitat degradation, and inadequate population data, the Department supports a moratorium on the commercial harvest of diamondback terrapin as the most risk averse management approach Staff met with Delegate Clagett today regarding a moratorium bill she plans to propose this session. After discussion of our interest to propose a moratorium by regulation, she is considering holding the bill pending discussion with key constituents. A Department public information meeting is scheduled for February 7,2007 to discuss harvest and stock data, habitat concerns, and our regulatory intent. In the meantime, we will be speaking with the commercial industry regarding the proposal. The Department may propose the regulation in February to assure Delegate Clagett and constituents during session that the intent is genuine.

BACKGROUND: Natural Resources Article §4-902 Annotated Code provides the Department authority to regulate diamondback terrapin. In mid-2006, the Department decided not to impose a moratorium and instead adopt regulations to increase protection to the terrapin resource by establishing more restricted size limits and seasons, and a new permit system to improve the accuracy of harvest reports. Despite these additional restrictions on the harvest of diamondback t not been reduced; and lacking a baywide stock assessment the Department is not able to measure the impacts of fishing under varying regulatory regimes. This lack of information also prevents us from concluding that terrapin are overfished, or that the terrapin population is in imminent danger of collapse by growth or recruitment overfishing. Data to estimate critical fishery parameters are not currently available and would cost an estimated $200,000 annually over a 14 year period (due to a long generation time of the species).

While the Department is not able to measure the impacts of the terrapin fishery, the life history of terrapin does not lend itself to commercial exploitation, especially when combined with impacts of disappearing spawning habitat and other terrapin population ecology stressors. Because terrapin are a non-resilient species faced with severe habitat loss, any miscalculation of harvest controls could result in a population collapse that would take decades to reverse. For this reason the Department recommends taking the most risk-averse approach by implementing a harvest moratorium by regulation.

GOVERNOR’S DECISION

Approves decision to proceed with regulation proposal

Disapproves decision to proceed with regulatory proposal.

JRG:mes