The Chesapeake Bay Legacy Act’s Impacts on Aquaculture and Commercial Fisheries

In May 2025, the Maryland General Assembly took another step in Chesapeake Bay restoration efforts with the passing of the Chesapeake Bay Legacy Act. Aspects of this legislation impact aquaculture and commercial fishing industries. Notably, the Legacy Act establishes, for the first time in statute, a statewide water quality monitoring program. Other key points include incorporating the ike jime method of fish processing, altering fishery management plans, and impacting water column lease requirements. 

As I near the completion of my two-year term as Maryland Sea Grant’s law and policy fellow, I am summarizing these aspects of the Legacy Act. 

Water Quality Monitoring Program

One part of the Legacy Act that garnered support from watermen's associations and NGOs in bill hearings was the formalization of a water quality monitoring program under the Maryland Department of Natural Resources (DNR). Inspired by the Virginia Institute of Marine Science’s real-time dissolved oxygen tracker, this program will collect water quality data across Maryland, allowing commercial fishers and recreational users to access data about the current waterway conditions. Maryland’s Secretary of Natural Resources, Joshua Kurtz, told Senate and House committees the program will “work closely with citizens, … nonprofits, [and] academia to be able to start incorporating more data.”

The program aims to use the most up-to-date science to create a “consistent statewide approach” to improve and integrate water quality monitoring data into policies. Data may be used to guide DNR programs on water quality, aquatic habitats, climate change, and resilience planning.

One interesting aspect of this program is its use of community science. Data collected by the public can be used by DNR and formally incorporated into the state’s datasets, provided that these findings meet quality assurance requirements. Data collected both by DNR and the public will be provided to the general public to help guide recreational uses of waterways in the state. 

Ike Jime Licensing

Some parts of the Legacy Act aim to increase the economic value of products harvested from the Chesapeake Bay. To that end, the Legacy Act authorizes the use of the ike jime method by commercial fishers and processors. This traditional Japanese method of killing fish for human consumption is a humane euthanizing practice that also produces a high-quality meat. The current standard method of killing fish allows fish to suffocate, increasing stress on the fish and stress hormones within the meat when processed. In contrast, ike jime euthanizes the fish quickly and efficiently before processing. Higher-quality fish can fetch a better price point at market.

The Legacy Act addressed a gray area in Maryland law that allowed only recreational fishers to use this method. The amendments to the statute clarify that commercial fishers, who obtain a Tidal Fish License or a commercial northern snakehead fishing license in order to sell their catch, may use the ike jime method. With the amendments to the existing statute, commercial fishers using the ike jime method do not need to obtain a separate license and can sell directly to restaurants.

Fishery Management Plans

Spanning nearly half of the Legacy Act’s 28 pages, the amendments and additions to Maryland’s fishery management plans were some of the act's most debated aspects. Fishery management plans are regulatory tools created to help ensure fish species are harvested in a sustainable way. This section of the Legacy Act seeks to help Maryland’s commercial fishing industry to be more adaptive to the effects of climate change by streamlining the permitting process between state and federal agencies. The effort is in step with the 2024 Maryland Whole Watershed Act, which made changes to Maryland’s permitting process for stream and floodplain restoration projects. 

The Legacy Act relieves DNR’s obligation to establish state-level fishery management plans for some species, allowing DNR more flexibility to create pilot programs for those species. The species not affected by this change are white perch, yellow perch, oysters, blue crabs, hard shell clams, catfish, and cownose ray. These species will continue to be guided by DNR-created fishery management plans. For other species, DNR will defer to regional management plans created by the Atlantic States Marine Fisheries Commission or a federal Regional Fishery Management Council. DNR may choose to deviate from regional management plans by implementing a Maryland-specific supplement to those plans if “the Department determines that imposing more restrictive measures is necessary.” Importantly, DNR must consult with the Tidal Fisheries Advisory Commission, the Sport Fisheries Advisory Commission, and “any other appropriate advisory bodies” when considering a deviation.

A lack of existing management planning from a regional commission is now a factor which DNR can consider when deciding the necessity of formulating a new fishery management plan. Other factors include the species population, distribution, habitat needs, or other biological, ecological, climatological, or socioeconomic factors concerning the species or the Chesapeake Bay region. The Legacy Act details what may be included in a state management plan, including, but not limited to, limitations on the catch size and necessary conservation measures.

One interesting concern watermen voiced in committee hearings on the bill was the language used to refer to those who fish Maryland’s waters. One section of the statute says DNR may not discriminate in implementing conservation and management measures for fishery management plans. The original verbiage in this section was “may not discriminate unfairly among groups of fishermen” (emphasis added). When legislators changed the word “fishermen” to “anglers,” watermen argued that this terminology shift actually limited the scope. As a result, the final Legacy Act states that DNR may not discriminate against “commercial and recreational fishing participants, including individuals licensed to guide fishing parties and charter boat captains.” This change echoes throughout the rest of that section of the Legacy Act.

Water Column Leases

The Legacy Act also made changes concerning water column leases for aquaculture. Though recent years have seen some of the highest aquaculture production of bivalves in Maryland, our state’s production levels are lower than those of similar states. Regulatory hurdles in the leasing space are one barrier to increasing harvests of oysters by aquaculture, so these changes aim to ensure permit applications proceed smoothly. The act adds a survey requirement, clarifies rules about public information meetings, and details what is required in a written petition protesting the issuance of a water column lease.

Based on feedback from watermen, local organizations, and NGOs, the Legacy Act saw several amendments before being passed into law by the General Assembly 10 weeks after its introduction. The act was signed into law by Governor Moore a few weeks later and became effective July 2025. 

This blog covers several ways the Legacy Act impacts aquaculture and commercial fishing operations in Maryland, but the legislation also includes a strong agricultural focus. You can read more about those facets of the law in my blog for the Agriculture Law Education Initiative.