Delaware Recreational Crabbing Regulations

[crewstation]

Ron,
           Thanks for the info.  Just a few items I was curious about.  Not looking to empty the IR of crabs or anything like that.  Look forward to meeting many of you at Grabbe's in March.  Thanks again.

[Ron]

No problem.   Always happy to help.

[CaptMoose]

Ron,

http://www.dnrec.delaware.gov/fw/Fisheries/Pages/RecFishSizeSeasonCreel.aspx states the catch limits as: "Recreational Creel Limit per Angler". 

According to #2 above, that would mean crab and fish limits just apply to the license holder?  What is the purpose of the boat license?

[Ron]

If you and I are on my boat, and the boat has a license, you could legally fish or crab from that boat without getting your own license.    If the boat was licensed, but I was and you weren't, you couldn't even stick a pole or a line in the water or dip crabs.

In the case of crabs, it says in there that it's 1 bushel per licensed individual.

[Ron]

From the state of Delaware website

Can the owner of a boat license and his guests walk out to clam or crab from a shoreline access site without the boat?
Only a resident who owns the boat and has a boat license may walk from shore to clam or crab without using the boat. Guests would not be covered under his or her individual license. The boat license really benefits those individuals who often have guests that go with them that do not have a license. The boat license will be a decal that is affixed to the boat. 

[Ron]

http://www.dnrec.delaware.gov/News/Pages/DNREC-Division-of-Fish-and-Wildlife-Enforcement-Police-Blotter-July-6-130715-1855.aspx

More info there.

[CaptMoose]

If you and I are on my boat, and the boat has a license, you could legally fish or crab from that boat without getting your own license.    If the boat was NOT licensed, but I was and you weren't, you couldn't even stick a pole or a line in the water or dip crabs.

In the case of crabs, it says in there that it's 1 bushel per licensed individual.

Ex 2: you mean the boat not licensed? 

[CaptMoose]

Pg 6, 2011 Guide:

* Boat License - The optional boat license for recreational fisherman covers the
holder of the license, and all occupants in the boat, as do the charter boat and
head boat licenses.

Sounds like everyone is considered licensed under the boat license and could therefore take 1 bushel?

Recreational Creel Limit per Angler
Blue Crabs    Hard shell - 5”; Soft shell - 3.5"; Peeler - 3"  Open Year Round; Pots: Mar 1 - Nov 30; 1 Bushel

[Ron]

I'll call DNR to confirm today.   

[Ron]

Ex 2: you mean the boat not licensed? 

Correct.   You may not crab at all without a license or being on a licensed vessel in the state of DE.

[crewstation]

Pg 6, 2011 Guide:

* Boat License - The optional boat license for recreational fisherman covers the
holder of the license, and all occupants in the boat, as do the charter boat and
head boat licenses.

Sounds like everyone is considered licensed under the boat license and could therefore take 1 bushel?

I think the key word is "take".  Once the fisherman and guests leave the licensed boat, the guests are no longer licensed, so if there's more than one bushel taken, someone is sitting on the dock with an illegal bushel.

[Ron]

I'm 95% sure that we saw this clarified specifically for crabs a couple of years ago and the answer was "one bushel per license on the boat", meaning that the boat license allowed people on the boat to participate in the crabbing, but didn't entitle each of them to a bushel of crabs.    For example, if I take out four additional people on my boat, and only two of them are licensed, then the boat limit would be three bushels (one for the boat license holder, and one each for the two additional people.)   

In defense of Moose's intepretation, I can't seem to find anything that supports my understanding of the rules in writing.   I'll call today to get it clarified. 

[capt. ron]

Ron

That's why it is a law.  Open to interpertation by lawyers only.  I know i can't figure many of our laws out either.

[CaptMoose]

If the fish/crab creel limit were limited to the license holder only, I don't see a benefit at all from a boat license.  The added cost of the boat license would essentially allow only "catch and release" by the non-license holders.

[shedking]

Ok here's a question. I have 3 kids under 16 on mt lucensed boat. Can we bow keep 4 bushels legally?

In answer to mooses question my interpretation. The unlicensed person would not ne allowed to participate in the catch at all let alone keep any without the boat license.

[Ron]

CLARIFICATION:

Just got off the phone with the "Recreational Fishing Licenses" bureau of the Delaware Fish and Wildwlife division:

Moose is correct.

Everyone on a licensed boat is allowed to keep one bushel, assuming they are actively involved in the crabbing. 

The representative made it very clear that just being on the boat does not entitle you to a bushel of crabs.   She claimed that they have and will give out tickets in situations where a boat keeps more bushels of crabs than the actual active number of crabbers. 

An example that was given was that a F&W officer noted that three people were on a boat, two crabbed and one sat on the bow reading a book.    When the boat came back to the ramp with three bushels, a summons was issued.     

I asked her to clarify "active involvement" and she said that is determined by the officer after observing the vessel.   

Sounds like a gray (and wholly unenforceable) area to prove or disprove "active involvement" to me.

[Ron]

She also mentioned that everyone on the boat must have a FIN number in DE, even if they are just on board for a day.   The FIN number is generated for free...

[crewstation]

That's interesting.  DE seems to be a little more lenient than other states in the area on a few things (e.g., size limit, trotline lengths).

And thanks for the FIN reminder.

And I'm not going to congratulate Moose on being right until he makes my net!   

[CaptMoose]

Thanks for clearing that up Ron!  Great reminder on the FIN number.  I probably would not have thought of that.

[Ron]

You're allowed to gloat.