24-hour crabbing

[Felinis]

From the way that I read the 2005 Maryland crabbing regulations, if I purchase a $5.00 Rec. resident crabbing license, then I can dip net, hand-line (or scap) for crabs from bridges, shore or piers 24-hours per day, and may have in my possession up to one bushel of legal sized crabs at any particular time.

So - when everyone else leaves the bridge at sun-set, I can move in, crab all night, take a bushel home, and return for another bushel as I please.

Modification:
LAW is LANGUAGE.  The language between the MDR Summary of 2005 Recreational Crab Regulations and the actual text of the laws in the Maryland Code of Regulations (COMAR) section 08.02.03 differ.  If you go to court to fight a citation, don't bother quoting the MDR Summary - courts use the letter of the law.

To avoid the wild discussion that I have read in other Maryland Regulations topics, before you comment, please read the exact language of the regulations, especially where they list multiple conditions, seperated with the words "and" and "or".

MDR Recreational crabbing time limits read:

"Recreational crabbers may set recreational crabbing gear and crab from boats". 

This means that time limits DO NOT APPLY to crabbers not in boats, since the word "and" implies that BOTH conditions be true- i.e. you are both "Setting recreational crabbing gear" AND you are "crabbing from a boat".

The actual 2005 law reads:

"Except for handlines and dipnets, a person may not set any recreational crabbing gear or catch crabs for recreational purposes from a boat during: [the time limits]"

Notice the use of the word "or".
This means that time limits DO NOT APPLY to ANY crabbers who use "handlines and dipnets [and scap nets]".


The MDR Summary reads:

"Recreational crabbers may not set recreational crabbing gear and crab from boats on Wednesdays except handlines, dip nets and pots at private piers. " 

This means that there are FOUR classes of recreational crabbers who CAN operate on Wednesdays:

1. handliners (and scappers) on boats
2. dip-neters on boats
3. boaters tending crab pots located at private piers
4. all crabbers without boats

The actual 2005 law DOES NOT MENTION BOATS.  It reads:

"Except for dipnets, handlines, and crab pots from private piers, a person may not set any crabbing gear or catch crabs for recreational purposes on Wednesdays in the Chesapeake Bay and its tidal tributaries. "

This means that there are three classes of recreational crabbers who CAN operate on Wednesdays:

1. ALL dip-netters
2. ALL hand-liners (and scappers)
3. Persons pulling crab pots from private piers.

[mariner]

The Maryland 2005 regs DO mention boats:

o   CRABBING FROM A BOAT
   A recreational crabbing boat may be licensed
   The fee for a Recreational Crabbing Boat License is $15
   The owner of the licensed recreational crabbing boat is also issued a complementary statewide Individual Recreational Crabbing License
   The Chesapeake Bay Special Pleasure Boat Sport Fishing License (fee of $40) is valid as a Recreational Crabbing Boat License.
o   CRABBING GEAR
o   If the boat is licensed for recreational crabbing by either the Recreational Crabbing Boat License (new at a $15 fee) or the Chesapeake Bay Special Pleasure Boat License or at least one person in the boat possesses an individual recreational crabbing license:
   1200 feet of trotline (baited portion)
   Maximum 30 crab traps or rings
   Handlines
   Dipnets
o   CATCH LIMITS FOR A LICENSED BOAT:
   Without any persons in the licensed boat who also possess an Individual Recreational Crabbing License;
   1 bushel of hard crabs
   2 dozen soft crabs or peelers
   Owner of the licensed boat in the boat with unlicensed crabbers;
   1 bushel of hard crabs
   2 dozen soft crabs or peelers
   If 2 or more licensed persons are in the licensed boat;
   2 bushels of hard crabs
   2 dozen soft crabs or peelers
o   CATCH LIMITS FOR AN UNLICENSED BOAT:
   Without any licensed persons in the unlicensed boat;
   4 dozen hard crabs
   1 dozen soft crabs or peelers
   One licensed crabber in the boat alone or with unlicensed crabbers;
   1 bushel of hard crabs
   2 dozen soft crabs and peelers
   If 2 or more licensed persons in the unlicensed boat;
   2 bushels of hard crabs
   2 dozen soft crabs or peelers
   Special Note: A person less than 16 years of age is exempted from needing a license but, unless they purchase a crabbing license, they are restricted to the same limits as an unlicensed crabber.
   Possession of soft crabs and peelers by anglers and charter boats: No limit for possession of soft crabs and peelers for use as bait for the purpose of sportfishing.

always check with the regulators if you are not sure the intrepretation of the law is completely accurate.

[Black Irish]

Hi Felinis, welcome to the board, BTW.

I think we have this discussion every year at some point. It is a confusing topic because of the way the laws are written. You are right about COMAR, it will be what the court uses if you are unlucky enough to get cited and decide to fight it. The MD DNR Summary is exactly that - a 'summary' of the COMAR.

My comments on your interpretations:

From the way that I read the 2005 Maryland crabbing regulations, if I purchase a $5.00 Rec. resident crabbing license, then I can dip net, hand-line (or scap) for crabs from bridges, shore or piers 24-hours per day, and may have in my possession up to one bushel of legal sized crabs at any particular time.

So - when everyone else leaves the bridge at sun-set, I can move in, crab all night, take a bushel home, and return for another bushel as I please.

I believe the intent of the law here is that you are allowed to harvest one bushel of crabs in a 24 hour period. If you take home the 'todays' bushel at 23:59 hours and return tomorrow at 00:00 hours, you may then start catching 'tomorrows' bushel.

MDR Recreational crabbing time limits read:

"Recreational crabbers may set recreational crabbing gear and crab from boats".

This means that time limits DO NOT APPLY to crabbers not in boats, since the word "and" implies that BOTH conditions be true- i.e. you are both "Setting recreational crabbing gear" AND you are "crabbing from a boat".

The actual 2005 law reads:

"Except for handlines and dipnets, a person may not set any recreational crabbing gear or catch crabs for recreational purposes from a boat during: [the time limits]"

Notice the use of the word "or".
This means that time limits DO NOT APPLY to ANY crabbers who use "handlines and dipnets [and scap nets]".

This is a PRIME example of the confusion between the 'Summary' and COMAR. The author of the Summary may have been trying to point out the fact that, as a recreational crabber, you can not set your gear (trotlines or traps) before the legal starting time 'to claim your spot'. It doesn't matter whether you set your gear while wading, swimming or from a boat. This also gives commercial crabbers the advantage because they may set their gear before the legal starting time.

Handlines and dipnets are not considered 'gear' and therefore are exempt.

The MDR Summary reads:

"Recreational crabbers may not set recreational crabbing gear and crab from boats on Wednesdays except handlines, dip nets and pots at private piers. " 

This means that there are FOUR classes of recreational crabbers who CAN operate on Wednesdays:

1. handliners (and scappers) on boats
2. dip-neters on boats
3. boaters tending crab pots located at private piers
4. all crabbers without boats

The actual 2005 law DOES NOT MENTION BOATS.  It reads:

"Except for dipnets, handlines, and crab pots from private piers, a person may not set any crabbing gear or catch crabs for recreational purposes on Wednesdays in the Chesapeake Bay and its tidal tributaries. "

This means that there are three classes of recreational crabbers who CAN operate on Wednesdays:

1. ALL dip-netters
2. ALL hand-liners (and scappers)
3. Persons pulling crab pots from private piers.

Another PRIME example of the confusion between the 'Summary' and COMAR. My interpretation of the law here says you may only use dipnets or use handlines on Wednesdays, either from shore or on a boat. A rare exception to the Wednesday rule is if that particular Wednesday falls ON a State or Federal holiday, or the day BEFORE a State or Federal holiday (i.e., Wednesday, July 3rd or Wednesday, July 4th), then it is legal to set crabbing gear on that particular Wednesday .

Another Wednesday exception - when it comes to tending pots from a private waterfront property, the property owner or leasee may set (2) pots and tend them 24/7. These pots can be up to 100 yds from shore so a boat would be necessary to tend these pots.

Again, the judge will use COMAR in deciding your case. Like the saying goes, 'ignorance of the law is no excuse'. 

[Felinis]

Mariner:

I think you better re-read what I actually wrote.

[Dave Jr.]

Felinis doesn't even know what a full bushel basket looks like.  He won't have to worry about that regulation.      Just kiddin buddy!  We'll get out there in the next couple of weeks.