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SMAC asks staff to explore emergency regulation options for season adjustments
Summary
Committee members debated using emergency regulatory authority to adjust oyster-season openings (Area 2, Eastern Shore) in response to concentrated effort and market conditions and moved to recommend that the Commission consider emergency regulations to protect the resource.
Several committee members raised the possibility of requesting emergency regulatory action to shorten or otherwise adjust seasons in high-effort areas such as Area 2. Members noted that under current executive-order requirements (executive order 19/39 referenced by staff) the normal regulatory-change process can take 45—0 days, so emergency regulations are the only viable fast-track option for immediate season adjustments.
Tommy (S10) moved that SMAC "recommend an emergency regulation to consider, opening the Eastern Shore areas" and staff agreed to work with the acting commissioner to assess feasibility. Andrew said staff could pursue an emergency regulation if the committee formally requested it and that such a path would require demonstrating resource protection and the public-interest basis. A second was recorded, and the motion was discussed and captured in the minutes; staff said they would consult the acting commissioner and law-enforcement partners about enforcement practicality and timing.
The committee also discussed the practicalities of limiting out-of-state harvest and dealer accountability; staff said the Oyster Season Regulation (07/20) establishes quotas and related enforcement provisions and that staff would review existing language and enforcement options.
