Sale of Crabs

[moduman2]

As a commercial waterman. Can you sale your crabs to anyone in Va. (legally). As in other than your nearest seafood buyer.Restaurants,etc... Or are you required to purchase another license.

[muddyclaw]

dont know about va but you can sell to anyone you want in MD with a comm lic

[Mr. Ray III]

dont know about va but you can sell to anyone you want in MD with a comm lic

Don't forget the seafood dealer surcharge.

[mdtrotliner]

Don't forget the seafood dealer surcharge.

that 10.00 surcharge is bullchit you should be able to sell your crabs just by having that license otherwise whats the point

[Mr. Breeze]

that 10.00 surcharge is bullchit you should be able to sell your crabs just by having that license otherwise whats the point

IN MD,

The $10 seafood marketing surcharge was attached to commercial licenses with the intent of providing more money to the state to advertise local Maryland seafood.  It does not authorize you to sell your crabs.  Your regular commercial license authorizes that.  If, however, you want to pull on the side of the road and sell your catch from the back of the truck, you will need to get a 'hucksters' permit, at least in Baltimore county.  This is for selling your own catch.  If you want to buy crabs and resell them, you will need the dealers license that Ray mentioned

don't forget that if you transport your catch over the road, you have to have your license number displayed on your vehicle.

[reds]

IN MD,

The $10 seafood marketing surcharge was attached to commercial licenses with the intent of providing more money to the state to advertise local Maryland seafood.  It does not authorize you to sell your crabs.  Your regular commercial license authorizes that.  If, however, you want to pull on the side of the road and sell your catch from the back of the truck, you will need to get a 'hucksters' permit, at least in Baltimore county.  This is for selling your own catch.  If you want to buy crabs and resell them, you will need the dealers license that Ray mentioned

don't forget that if you transport your catch over the road, you have to have your license number displayed on your vehicle.

Rich is right. The $10 surcharge does not authorize anyone with a license to buy and sell seafood. A commercial MD license only authorizes you to sell what you catch. If you sell others seafood you must have a dealers license.

[Captain Dave]

My license number is on my rear window.I dont see anything in comar about where to display the number(hope I got it right).

[moduman2]

Does anyone know if this pertains to Virginians ?

[mdtrotliner]

IN MD,

The $10 seafood marketing surcharge was attached to commercial licenses with the intent of providing more money to the state to advertise local Maryland seafood.  It does not authorize you to sell your crabs.  Your regular commercial license authorizes that.  If, however, you want to pull on the side of the road and sell your catch from the back of the truck, you will need to get a 'hucksters' permit, at least in Baltimore county.  This is for selling your own catch.  If you want to buy crabs and resell them, you will need the dealers license that Ray mentioned

don't forget that if you transport your catch over the road, you have to have your license number displayed on your vehicle.

thank you for the info

[jack1747]

Does anyone know if this pertains to Virginians ?

Second time you asked...      I don't know the definitive answer, will ask the guys at the harbor in the next day or 2. Can tell you that I buy peelers from the boats all the time but these guys know me. My opinion is you can sell your catch to anyone you want but I,m not sure how the sales tax stuff would work.  Don't think there would be sales tax on raw food. I just don't know. I am going to move your topic to the VA regs area.  Some of the VMRC folks might chime in...

[Tom Powers]

I don't know about the law in the matter but self marketing is one of the known issues when dealing with catch reporting, etc.

In other words, as far as I know it is legal in Virginia.  I know I (and lots of other folks) buy fresh fish from the watermen at Messick Point in Virginia.  I  think that it is great that they get paid more like market value for the fish rather than getting paid minimum amounts by the seafood dealers.

Let me look into it a little and see what I can find.

[Tom Powers]

OK so here is the first law. . . it only applies if you PURCHASE seafood from a harvester.  If you harvest it yourself then it does not apply.  Note that section B says that the public or a restaurant can purchase direct without a buyer's license.

§ 28.2-228. License for purchase of fish, shellfish, or marine organisms from the catcher; fee.

A. Any person, purchasing from the catcher, oysters or clams caught from the public grounds of the Commonwealth or the Potomac River, or crabs, fish, or other seafood caught from the waters of the Commonwealth or the Potomac River, shall pay a license fee of (i) fifty dollars for each place of business and (ii) twenty-five dollars for each boat or motor vehicle used for buying. The Commission may subsequently revise the cost of licenses pursuant to § 28.2-201.

B. No license shall be required of any person purchasing seafood for personal consumption, any place of business which is solely a restaurant, or any person who operates a business which is subject to local license taxes under § 58.1-3703 and who has in his possession no more than one bushel of peeler crabs to be sold as bait.

No restriction here about selling to the public.

§ 28.2-241. Registration of commercial fishermen required; exemption; penalty.

D. For purposes of this section and §§ 28.2-242, 28.2-243  and 28.2-244, "commercial fisherman" means any person who fishes in tidal waters using any gear and who sells, trades or barters his catch or gives his catch to another in order that it may be sold, traded or bartered. The Commission shall provide, by regulation, for exemptions from the definition of "commercial fisherman" those persons who independently sell, trade or barter minnows and who are not part of, hired by, or engaged in a continuing business enterprise as may be defined by the Commission. Such regulation may include, but is not limited to, limits on the quantity of minnows that may be sold, traded or bartered by a person that may be exempted from the definition of commercial fisherman.  

And here is one that actually refers to self marketing.

§ 28.2-242. Report of harvest required.

All harvests shall be reported by either commercial fishermen, licensed buyers, or self marketers in the manner and form prescribed by the Commission.

Again private sale of catch no extra permit just reporting requirement.

4VAC20-610-60. Mandatory harvest reporting.

E-3. The monthly harvest report and daily harvest records from seafood landing licensees shall include the name and signature of the seafood landing licensee and his seafood landing license number, buyer or private sale information, date of harvest, city or county of landing, water body fished, gear type and amount used, number of hours gear fished, number of hours the seafood landing licensee fished, number of crew on board, including captain, non federally permitted species harvested, market category, live weight or processed weight of species harvested, and vessel identification (Coast Guard documentation number, Virginia license number or hull/VIN number).

And last but not least if you go to this link you will see that there is no extra license or fee for selling your own catch to the public.

http://www.mrc.state.va.us/regulations/fr1090.shtm

[moduman2]

Hey Tom. I really want to give a big thanks to you for finding that for me. I was a looking but just didn't look at the right place.

[rdbeard]

 in md dnr wants your comm. # on the front left fender of the vehicle, mine is on the rear window also.

[Mr. Breeze]

rear window on mine too.  where did you find that they want it on the front bumper?

[Crabbyd]

This is from an email from Diane.  See#4

[Mr. Breeze]

things that make you go humph

[rdbeard]

 rich, you said bumper i said fender, it's gonna stay on the rear window.

[Mr. Breeze]

The rear window of the pickup is in the front half of the vehicle, and I consider the glass to be part of the body.  I guess a judge is gonna have to tell me otherwise

[mdtrotliner]

i understand why you need your license info on your boat thats a gimme.but why do you need it on your truck?

[Mr. Ray III]

Probably so the DNR in pickups have a reason to pull you over.

[Mr. Breeze]

i understand why you need your license info on your boat thats a gimme.but why do you need it on your truck?

So they know that you are commercial when they see your truck going down the road with more than the recreational limit.

[mdtrotliner]

So they know that you are commercial when they see your truck going down the road with more than the recreational limit.

well that makes sense to me i guess.Ijust thought it is another thing to make the watermen jobs harder with all the rules on this and that and the regs seem like maryland trying to get rid of them all together but i could be wrong.it wont be tool ong before they do away with lcc's what going to be next