Crab Charter Catch Limits From The DNR

[jack1747]

"From: Dawson, Frank W. [mailto:[email protected]]
Sent: Tuesday, January 17, 2012 9:56 AM
To:
Cc: Griffin, John R; Hunt, Gina; O'Connell, Thomas
Subject: FW: crabbing charters



Mr. :


An individual who accepts some form of payment for providing services as a fishing guide (whether that is for finfish or crabs) is required to obtain an appropriate fishing guide authorization. (NR §§ 4-210(a), 4-701).  If a person holds a commercial crabbing authorization and a fishing guide authorization and receives payment for a guided crabbing trip, the recreational crabbing catch limits described in COMAR 08.02.03.10 apply to the crabbing trip. Additionally, a crabbing boat cannot simultaneously engage in commercial crabbing and recreational crabbing. See COMAR 08.02.03.10F ("An individual commercially harvesting crabs aboard a vessel may only have crabs that are commercially harvested on board"). So the individual is either a fishing guide operating under recreational rules or a commercial crabber operating under commercial rules and the difference is whether the licensee is getting paid or is paying crew.  If a person without a commercial crabbing authorization pays a fishing guide to take them crabbing, then the guided crabbing trip is a recreational crabbing trip, not a commercial crabbing trip.

So the short answer is:

A person who wants to guide must have a guide license or UTLF license and they are required to abide by recreational rules.  If a commercial crabber is getting paid by his "crew" to take them out to catch commercial amounts of crabs, then that person is violating the requirement to work as a guide and harvest recreational amounts of crabs."

[jack1747]

"From: "Sarah E Widman" <[email protected]>
To:
Cc: "Gina Hunt" <[email protected]>, "Connie Lewis" <[email protected]>, "Paul Genovese" <[email protected]>
Sent: Friday, January 13, 2012 3:20:33 PM
Subject: crabbing charters

Dear ,





As for your question regarding crabbing charters, the general rule is as follows:



An individual who accepts some form of payment for providing services as a fishing guide (whether that is for finfish or crabs) is required to obtain an appropriate fishing guide authorization. (NR §§ 4-210(a), 4-701).  If a person holds a commercial crabbing authorization and a fishing guide authorization and receives payment for a guided crabbing trip, the recreational crabbing catch limits described in COMAR 08.02.03.10 apply to the crabbing trip. Additionally, a crabbing boat cannot simultaneously engage in commercial crabbing and recreational crabbing. See COMAR 08.02.03.10F ("An individual commercially harvesting crabs aboard a vessel may only have crabs that are commercially harvested on board"). So the individual is either a fishing guide operating under recreational rules or a commercial crabber operating under commercial rules and the difference is whether the licensee is getting paid or is paying crew.  If a person without a commercial crabbing authorization pays a fishing guide to take them crabbing, then the guided crabbing trip is a recreational crabbing trip, not a commercial crabbing trip.



Feel free to contact me if you have any other questions.



Sarah Widman

MDNR Fisheries Service"

[jack1747]

Frank W. Dawson III, Assistant Secretary for Aquatic Resources

Sarah E. Widman  Assistant Director LEGISLATION, REGULATION & HABITAT DIVISION

[jack1747]

From Sarah E. Widman  Assistant Director LEGISLATION, REGULATION & HABITAT DIVISION:


Jack,



The rules as stated below can be provided to your forum:

An individual who accepts some form of payment for providing services as a fishing guide (whether that is for finfish or crabs) is required to obtain an appropriate fishing guide authorization. (NR §§ 4-210(a), 4-701). If a person holds a commercial crabbing authorization and a fishing guide authorization and receives payment for a guided crabbing trip, the recreational crabbing catch limits described in COMAR 08.02.03.10 apply to the crabbing trip. Additionally, a crabbing boat cannot simultaneously engage in commercial crabbing and recreational crabbing. See COMAR 08.02.03.10F ("An individual commercially harvesting crabs aboard a vessel may only have crabs that are commercially harvested on board"). So the individual is either a fishing guide operating under recreational rules or a commercial crabber operating under commercial rules and the difference is whether the licensee is getting paid or is paying crew. If a person without a commercial crabbing authorization pays a fishing guide to take them crabbing, then the guided crabbing trip is a recreational crabbing trip, not a commercial crabbing trip.

These are the enforceable laws for charter crabbing in Maryland established through statute by the General Assembly and by regulation through Maryland DNR.  Anyone who is interested in charter crabbing (or any new commercial fishing endeavor) and is unsure of the rules should always feel free to contact the Maryland DNR to confirm what they need to do in order to follow the law.

I hope this information helps.



Sarah

[CRABGUY]

THIS INFORMATION HAD BEEN POSTED FOR INFORMATIONAL POURPSES ONLY, PLEASE DIRECT ANY QUESTIONS OR COMMENTS TO MARYLAND DNR

[jack1747]

COMAR:

http://mdrules.elaws.us/comar/08.02.03.15



  Code of Maryland Regulations (Last Updated: July 13, 2020) 


  Title 08. Department of Natural Resources 


  Subtitle 02. FISHERIES SERVICE 


  Chapter 08.02.03. Crabs 
 

  Sec. 08.02.03.15. Crabbing Charters   
 
Latest version.


A. This regulation applies to any trip to catch crabs offered by a tidal fish licensee to an individual or individuals for any form of compensation.

B. Any individual receiving compensation from customers for any trip to catch crabs shall be in possession of the appropriate federal licenses.

C. An individual who, in accordance with Natural Resources Article, §4-701, Annotated Code of Maryland, is licensed as a fishing guide, is licensed as a master fishing guide or operates a vessel for a master fishing guide and possesses a valid commercial crabbing authorization:

(1) May carry customers during a commercial crabbing trip;

(2) Shall follow all commercial crabbing rules;

(3) May not count customers as crew members;

(4) May sell their catch to a seafood dealer or, if licensed as a seafood dealer in accordance with Natural Resources Article, §4-701, Annotated Code of Maryland, to a customer;

(5) Shall report their catch in accordance with COMAR 08.02.13.06; and

(6) Shall be penalized for any violation of statute or regulation in accordance with COMAR 08.02.13.03

D. Crabbing Charters.

(1) Definition. In this chapter, "crabbing charter" means any guided trip for the purpose of catching crabs recreationally, offered by an individual who, in accordance with Natural Resources Article, §4-701, Annotated Code of Maryland, is licensed as a fishing guide or master fishing guide, or operates a vessel for a master fishing guide.

(2) Crabbing Charter Decal.

(a) Prior to operating a crabbing charter, a fishing guide shall obtain a crabbing charter decal.

(b) Except as provided in §D(2)(c) of this regulation, a decal issued for a crabbing charter:

(i) Shall be permanently affixed and displayed on either side of the forward half of the vessel for which issued;

(ii) Is not transferable;

(iii) Shall, when displayed, exempt all persons aboard from the requirement of possessing an individual license to crab recreationally; and

(iv) Is valid for the current commercial license year.

(c) Exemption for Crabbing Charter Decals. If the crabbing charter decal is not permanently affixed to the vessel, all persons aboard are exempt from the requirement of possessing an individual license to crab recreationally only if:

(i) The individual who purchased the crabbing charter decal is present on the vessel;

(ii) The individual who purchased the crabbing charter decal is in possession of the proof of purchase issued by the Department; and

(iii) The crabbing charter decal was purchased within the previous 10 calendar days.

(3) A crabbing charter:

(a) May only be offered by an individual licensed as a fishing guide or a master fishing guide, or who operates a vessel for a master fishing guide in accordance with Natural Resources Article, §4-701, Annotated Code of Maryland;

(b) Shall have at least one customer on board;

(c) May not harvest female hard crabs or female peelers from the Chesapeake Bay and its tidal tributaries; and

(d) Shall comply with the recreational season, times, size limits, and gear restrictions established in this chapter for a licensed recreational crabber.

(4) Crabs caught on a crabbing charter may not be sold.

(5) Catch Limit. A crabbing charter with one or more customers on board may not catch more than two bushels of:

(a) Male hard crabs and two dozen soft crabs or male peeler crabs from the Chesapeake Bay and its tidal tributaries; or

(b) Crabs from the Atlantic Ocean and its coastal bays.

(6) Reporting. Crabs harvested on a crabbing charter shall be reported on forms provided by the Department and in the time specified by the Department.

(7) Any violation of statute or regulation shall be penalized in accordance with COMAR 08.02.13.08.