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Author Topic: Crab Charter Catch Limits From The DNR  (Read 8197 times)
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jack1747
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« on: January 17, 2012, 11:17:20 AM »

"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."
« Last Edit: January 17, 2012, 11:33:33 AM by jack1747 » Logged

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« Reply #1 on: January 17, 2012, 11:24:11 AM »

"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"
« Last Edit: January 20, 2012, 09:14:33 AM by jack1747 » Logged

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« Reply #2 on: January 17, 2012, 11:30:35 AM »

Frank W. Dawson III, Assistant Secretary for Aquatic Resources

Sarah E. Widman  Assistant Director LEGISLATION, REGULATION & HABITAT DIVISION
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« Reply #3 on: January 19, 2012, 08:25:22 PM »

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

« Last Edit: January 23, 2012, 08:50:51 AM by Steve » Logged

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« Reply #4 on: January 19, 2012, 08:27:35 PM »

THIS INFORMATION HAD BEEN POSTED FOR INFORMATIONAL POURPSES ONLY, PLEASE DIRECT ANY QUESTIONS OR COMMENTS TO MARYLAND DNR
« Last Edit: January 19, 2012, 08:31:16 PM by CRABGUY » Logged

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