Speaking from the perspective of someone who doesn't have a dog in this fight so to speak, I tend to hope the issue goes to the DNR for regulation.
Lawmakers simply are not in a position to intelligently rule on such matters, they have no direct experience with issues of natural resources, but instead tend to listen to lobbyists and their own often biased advisors.
The DNR might not be perfect, but in matters of regulating wildlife are in an infinitely better position to do so reasonably and intelligently, than the state senate is.
Pass a law and you're basically stuck with it, whereas the DNR will be free to refine it as time passes and results are seen.
A ban on catching the beloved state reptile appears to be a near-certainty, as lawmakers and state regulators are moving on separate tracks to shut down the diamondback terrapin fishery.
While top state natural resources officials testified yesterday afternoon against a General Assembly bill to ban the harvest, they have been quietly working for at least a month to put in their own moratorium.
That was confirmed last night when natural resources Secretary-designate John R. Griffin told The Capital that his agency's goal is to stop the terrapin harvest as soon as this summer.
Mr. Griffin and the DNR want to enact the ban their way, and not have it put in place by politicians.
"It's not an issue of where we want to end up. It's a question of how we get there," Mr. Griffin said.
But earlier in the day, other top DNR officials didn't give state senators a clue as to the agency's plan when they testified against a bill banning the terrapin harvest.
In a Senate hearing room that included two of the squirmy turtles, Deputy Secretary Eric Schwaab said a moratorium was just one of several options being considered by the DNR.
"Just give us the chance to do this the right way," Mr. Schwaab told senators.
That didn't get a warm response from several senators, including the bill's sponsor, Sen. Roy P. Dyson, who said it was a "shame" that the DNR testified against the bill.
Part of the debate is the sometimes-contentious issue of whether fisheries should be managed by lawmakers or professionals in the DNR.
Mr. Griffin said the authority to manage fish, crabs and the like has been invested with the DNR for good reason. The professionals can weigh complicated factors over time, as opposed to lawmakers, who have 90 days to consider a wide variety of legislation, he said.
"It's not a matter of who takes credit for it. It's a matter of a better way to deal with these issues - going through a regulatory process instead of a legislative process," Mr. Griffin said
The DNR has a meeting scheduled for Wednesday to discuss a moratorium on the harvest. It has been publicized, however, as a "public scoping meeting" to discuss ideas for protecting terrapins.
The concern over terrapins is that they may be fished out of existence to supply rabid demand from Asian seafood markets. Turtle soup is a delicacy in Asia - especially China - and turtle populations there have taken a hit.
The markets have turned to Maryland to meet the demand because terrapin harvesting is banned up and down much of the east coast, including in Virginia's portion of the Chesapeake Bay.
Protecting terrapins is an emotional issue, as they are the state reptile and the mascot of the University of Maryland.
Yesterday's Senate hearing featured two terrapins from the National Aquarium in Baltimore named Edward and Emily. Cameras recorded the turtles' every move and people in the audience craned their necks to get a look.
Last year, lawmakers considered a ban, but didn't pass it. The DNR then put some new restrictions on the harvest - but it had the unintended consequence of a vastly increased reported harvest.
Despite the DNR's testimony against the bill, Mr. Dyson predicted it would sail through the General Assembly. The other main sponsor is Del. Virginia Clagett, D-West River.
"The governor's going to have a bill on his desk ... And I'll tell you something about the governor - he will sign it," Mr. Dyson said emphatically.
Rick Abbrusseze, a spokesman for Gov. Martin O'Malley, emphasized that his boss does want a moratorium, as long as it's done through the DNR process.
Mr. O'Malley sent a memo to DNR's top staff last week instructing them to go forward with the moratorium. The memo was in reply to one sent by Mr. Griffin to the governor on Jan. 24 asking for guidance.
"The governor supports the ban, but he does feel it needs to be done at a regulatory level," Mr. Abbrusseze said.
Larry Simns, president of the Maryland Watermen's Association, said during the hearing that if lawmakers ban catching terrapins, it could lead down a slippery slope.
"I don't think fishery laws should be decided in the legislature," Mr. Simns said. "We decided years ago to take it out of the legislature's hands and put it in the DNR. It gets too emotional."
He also cautioned against looking only at the harvest when there are other threats to terrapins, such as the loss of shoreline habitat and death by drowning in recreational crab pots.
It's unclear which proposal - the lawmakers' bill or the DNR's regulation - will ultimately be the law of the land, though the timing is in favor of the politicians.
The DNR plans to have its regulation in place by May, while the General Assembly finishes work in early April.
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