[Norm Bartlett]

My flyfishing client yesterday also enjoys chumming for rockfish. I don't dislike him for doing what the Maryland unenforced law allows him to do. We talked about the availability of chum and he told me that the pound netters have an abundant supply and they are selling the excess for fertilizer. Is this really the case? What is the real story here? How many pound netters are there? Where does Mikes Bait get his menhaden? He is selling to Walmart stores now!

Norm

 

[stanleybros]

Norm, you are beating a dead and rotten horse to "death."

1) What "law" (please post the law section ie; 18.2-111 whatever) is not being enforced.

2) What agency as the authority to enforce the "law" you are referring to?

 

[Norm Bartlett]

StAN-Thanks for getting me back on track!

Article-Environment

Section 9-322

Except as provided in this subtitle and and Subtitle-4 Title-4 of this of this article and the rules and the rules and regulations adopted under those subtitles, a person may not discharge any pollutant into the waters of this State.

Enforcement for Chesapeake Bay Waters has been delegated to the Department of Natural Resourses by the Maryland Department of the Environment

Norm

 

[stanleybros]

Norm, define (by state code) any pollutant . Thanks.

 

[Norm Bartlett]

Stan- Article-Environmental

Subtitle 1. Definitions; General Provisions

Section 9-101


(g) Pollutant--"Pollutant" means:
(1) Any waste or wastewater that is discharged from:
(i) A publicly owned treatment works; or
(ii) An industrial source; or
(2) Any other liquid , gaseous, solid , or other substance that will pollute any waters of this State.
(h) Pollution-- "Pollution" means any contamination or other alteration of the physical, chemical, or biological properties of any waters of this state, including a change in temperature , taste, color, turbidity, or odor of the waters or the discharge or deposit of any organic matter, harmful organism, or liquid, gaseous , solid, radioactive , or other substance into any waters of this state, that will render the waters harmful or detrimental to:
(1) Public health, safety, or welfare;
(2) Domestic, commercial, industrial, agricultural, recreational, or other legitimate beneficial uses;
(3) Livestock, wild animals or birds; or
(4) Fish or other aquatic life.


Need I say more?

Captain Norman Walter Bartlett

 

[Sam Whitefoot]

Does that mean that you can get a ticket when a minnow flys off of your hook?

I am glad I live in Virginia where I can still throw bait into the water.

§ 62.1-194. Casting garbage, etc., into waters.

Except as otherwise permitted by law, it shall be unlawful for any person to cast, throw or dump any garbage, refuse, dead animal, trash, carton, can, bottle, container, box, lumber, timber or like material, or other solid waste, except fish or crab bait in any form, into any of the waters of this Commonwealth. When a violation of any provision of this section has been observed by any person, and the matter dumped or disposed of in the waters of this Commonwealth has been ejected from a boat, the owner or operator of such boat shall be presumed to be the person ejecting such matter; provided, however, that such presumption shall be rebuttable by competent evidence. Every such act shall be a misdemeanor punishable by a fine not to exceed $100 or confinement in jail not to exceed thirty days, or both. Every law-enforcement officer of this Commonwealth and its subdivisions shall have authority to enforce the provisions of this section.

 

[Norm Bartlett]

Sam-Good point but according to the Clean Water Act you can put all the fish waste you want into the Ocean but not into enclosed coastal waters ,harbors, or protected waters without a permit. The Chesapeake Bay is the largest estuary in the United States and it is an enclosed coastal body of water whichs needs to be protected against pollutants, In my opinion baited hooks are not a violation but chum is a differant story. Rotten crab pot bait and pound net dead discards should not be discharged into the bay either. Your Virgina law can not override federal law so I would think it would be subject to challenge.

This is covered under the Ocean Dumping act 33 U.S.C. Part 1412(d) and the regulations promulgated there under at 40 C.F.R. Part 220

Norm

 

[capt.george]

----NORM----Every Herring & Blackback Gull in the Chesapeake has been waiting all winter for Crab pot discarded bait!!!---How in the world can you condem this ritual-----[excited][excited]

 

[Matt]

holy cow, a literal interpretation of Section 9-101 means I can't run my 2 stroke outboard!

 

[EricMagsamen]

Where's Mikes Bait??? I'd like to get some!

 

[stanleybros]

Norm, I suspect that somewhere in MD's regs or codes, one would find the same verbage as Virginia has with reference to Sam's post.

 

[Norm Bartlett]

Stan- First, chum is not a bait. It is fish waste that attracts fish to baited hooks. I don't know of any such law in Maryland but if it was it would be superceeded by the CWA which says its illegal to discharge a pollutant into navigable waters from a point source without a permit. Permits are issued pursuant to Section 402 of the Clean water act (33 U.S.C. Sec 1342).

Norm

 

[stanleybros]

"except fish or crab bait in any form"

I think "chum" fits very easily.

 

[Norm Bartlett]

Stan-Its okay to disagree. It does'nt bother me at all. Its like I said before "federal law superceeds state law". Currently neither is being enforced.

I did some reshearch yesterday and found out from very reliable source that some of the chum dealers can not always get enough menhaden from local Md. pound netters. They then have get it from Va..

The bottom line is "There Is A Shortage for Real"

Norm

 

[Norm Bartlett]

Jackspot-Mikes Bait is located in Gambrills MD on a hog farm according to the sign at the end of the lane. I don't think he sells retail. You can get his chum logs at Bowley's Quarter Walmart starting June 1. Other bait and tackle shops sell it as well.

Norm