DELMARVA - Just one day before black sea bass season opens, a new federal rule is finally clearing up what was expected to be a confusing mix of regulations for Delmarva watermen.
On Thursday, April 30, the National Oceanic and Atmospheric Administration issued an interim final rule that aligns federal and state fishing rules, allowing the season to open as planned on Friday across both state and federal waters.
While NOAA’s updated regulations were pending, anglers and charter operators were facing two different sets of regulations depending on where they fished. Guidance from Maryland and Delaware had the season opening May 1 in state waters, but not until May 15 in federal waters. Catch limits and size requirements also differed significantly, with state waters allowing anglers to keep up to 15 fish at a minimum size of 12.5 inches, while federal waters were capped at five fish with a 15-inch minimum.
According to Delaware’s Department of Natural Resources and Environmental Control, the states’ updated changes to black sea bass regulations were based on findings from the Mid-Atlantic Fishery Management Council that black sea bass were not only not overfished, but showing spawning populations three times higher than the fishery management plan target. While Maryland and Delaware updated their regulations accordingly, federal regulations lagged.
The pending confusion drew criticism from lawmakers and watermen alike. Federal officials said delaying the rule would have created unnecessary confusion and economic strain, particularly in Mid-Atlantic states like Maryland and Delaware where black sea bass are available earlier in the season than in northern waters.
“NOAA waited until just weeks before the season to reverse course on these proposed measures, leaving small businesses and watermen on Maryland’s Eastern Shore dealing with the fallout at a critical time,” Maryland Congressman Andy Harris said earlier this month.
“I’ve heard directly from constituents across the Eastern Shore who are concerned about this delay. As a member of the House Appropriations Committee, I will be reviewing NOAA’s handling of this closely as part of the FY27 funding process. NOAA must act immediately to correct this failure and ensure it does not happen again.”
As of Thursday, that divide between state and federal regulations is now gone. NOAA’s rule approves what’s known as “conservation equivalency,” which allows states like Maryland and Delaware to set the rules for black sea bass fishing in both state and federal waters. Anglers will now follow the regulations of the state where they land their catch, creating one consistent standard across the region, according to NOAA’s published rule.
The change allows the season to open offshore on May 1 instead of May 15 and ensures that the same size and bag limits apply whether fishing close to shore or farther out in federal waters. Charter and party boats can also move forward with trips that were already booked for early May without worrying about conflicting rules or stricter federal limits.
“I’m grateful to Assistant Administrator Piñeiro Soler and his entire team at NOAA Fisheries for, following my office’s engagement, working to quickly remedy the delay in releasing updated recreational measures for the 2026 season,” Congressman Harris said on Thursday following NOAA’s publication of the updated rules. “These new measures will provide much-needed economic certainty to the recreational fishing industry in Ocean City and across the Mid-Atlantic region. Make no mistake, I will always fiercely advocate for Maryland’s treasured fishing community.”
Officials in Virginia have not yet issued guidance in response to the new federal rules, but do have regulations that differ slightly from Maryland and Delaware. As of April 23, the Commonwealth said black sea bass season in state waters would begin on May 11, with a 13" minimum size limit and a 15 fish bag limit.
