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Author Topic: Charter Crabbing question  (Read 799 times)
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Neither Crab
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« on: March 12, 2018, 10:06:45 AM »

if you have a commercial crabbers License for crabbing and Fishing Guides license can you take crabbing charters to pull pots as long as you keep a recreational limit of crabs ( 1-2 bu. only) and start crabbing at recreational times?
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Mikie
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« Reply #1 on: March 12, 2018, 10:34:04 AM »

COMAR 08.02.03.15


To break it down; If you have a Coast Guard License, commercial crab license and fishing guide license you can take someone on your commercial crab boat while you are pulling pots. If you can market your own catch you can sell them crabs. You must follow all COMMERCIAL regs.

If you are taking Crab Charters, it's all different as stated in the Comar above.
« Last Edit: March 12, 2018, 10:46:50 AM by Mikie » Logged
reds
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« Reply #2 on: March 12, 2018, 11:28:12 AM »

COMAR 08.02.03.15


To break it down; If you have a Coast Guard License, commercial crab license and fishing guide license you can take someone on your commercial crab boat while you are pulling pots. If you can market your own catch you can sell them crabs. You must follow all COMMERCIAL regs.

If you are taking Crab Charters, it's all different as stated in the Comar above.


The key is you can't charge for taking them on a commercial boat. Also can't let them work on the vessel.

 
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Mikie
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« Reply #3 on: March 12, 2018, 12:03:00 PM »

The key is you can't charge for taking them on a commercial boat. Also can't let them work on the vessel.

 
I don't think that's correct Reds. As long as the Captain has a valid USCG license I think he can charge for the trip. He can't count the passengers as crew members, probably because you need the extra crew for the additional pots, etc. As far as letting them assist with the process I can't find anything where it's not allowed. They're not getting paid, so they're not employees.
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ChrisS
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« Reply #4 on: March 12, 2018, 12:37:47 PM »

workmens comp?
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in·teg·ri·ty   
–noun 1. adherence to moral and ethical principles; soundness of moral character; honesty

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Mikie
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« Reply #5 on: March 12, 2018, 12:48:23 PM »

Well, they're not employees and they're not being paid.  I read all of the text, I can't see where it's not allowed.
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ChrisS
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« Reply #6 on: March 12, 2018, 12:54:30 PM »

I would think if they're working, they're employees. Are they getting paid with keeping their catch?

Only way around would be some type of charity, no profit
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in·teg·ri·ty   
–noun 1. adherence to moral and ethical principles; soundness of moral character; honesty
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« Reply #7 on: March 12, 2018, 01:48:59 PM »

Supposedly, THEY would be paying to go on the trip.
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crewstation
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« Reply #8 on: March 12, 2018, 02:02:38 PM »

I would think if they're working, they're employees. Are they getting paid with keeping their catch?

Only way around would be some type of charity, no profit

Workmen's comp would not be required, as they are paying to get on the boat.  The catch is part of what they are paying for. 

That being said, if someone gets hurt on the boat, you'd better have insurance coverage for a charter vessel.
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Oh, de crab, he taste so fine.
Yuh catch 'um wid a neck an' a line.
Bile de water 'til 'e good 'n hot.
Den eat de crab strait from 'de pot.

Oh, de beer, he taste so chilly.
Drinks it 'til I gets too silly.
Washin' down 'de crab an' butter.
If I doesn't fall down, I'll 'ave anudder.
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« Reply #9 on: March 12, 2018, 03:42:19 PM »

OK The way it reads(in short) in 08.02.03.15 Crabbing Charters  is that there are 2 types of Crabbing Charters. 1)( A) Commercial type- For any trip from a" Commercial Tidal Fish Licensee"(  Crabbing authorization ) for any form of compensation. Must have appropriate  Federal License ( USCG) I  assume? +"Fishing Guide License" You have to have a USCG license to get a Fishing Guide's License. May carry customers during a crabbing trip. Must have a" Seafood Dealer's License" to sell crabs to a customer  . I also agree about having Charter Insurance to be on the safe side. Shall report their catch and shall follow all Commercial Crabbing rules. Crabbing Charter #2 (D) This Charter only requires a  Fishing Guides License . You also require having and displaying the free Crabbing Charter Decal .You Shall comply with "recreational type" season, time limits, AND recreational gear restrictions .Trotlines, traps etc. only.No commercial pots. I may do some Commercial Crab Pot Charters this year.I think I got that all right? Any comments?
« Last Edit: March 12, 2018, 03:56:36 PM by Neither Crab » Logged

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Mikie
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« Reply #10 on: March 12, 2018, 04:57:13 PM »

You need the USCG License for either type of trip.
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reds
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« Reply #11 on: March 12, 2018, 05:28:44 PM »

You need the USCG License for either type of trip.

And a fishing guide license.
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Neither Crab
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« Reply #12 on: March 12, 2018, 05:34:16 PM »

That's correct. Recreational trips- USCG +Fishing guide license. Commercial trip USCG + Fishing Guide + Commercial crabber license. I have USCG+FGR + CB3
« Last Edit: March 14, 2018, 08:19:50 AM by Neither Crab » Logged
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« Reply #13 on: March 14, 2018, 04:10:11 PM »

I hope you figure it out, I think its cool and hope you do well.
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in·teg·ri·ty   
–noun 1. adherence to moral and ethical principles; soundness of moral character; honesty
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« Reply #14 on: March 15, 2018, 03:53:18 AM »

Thanks Chris  I'm  retired and go crabbing every week during the season for some to eat anyway .So there will be no failure if I don't have a party to take out. . I'm thinking about the details now. How many pots  will I need to catch the customers desired amount of crabs for the day. The option will be theirs as to whether they want to participate in pulling pots, culling crabs , or just sit back and watch how it's done . See you all on the Chesapeake Bay this summer. Have a good crabbing season.
« Last Edit: March 17, 2018, 07:24:57 AM by Neither Crab » Logged

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chesapeak
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« Reply #15 on: March 31, 2018, 09:12:14 PM »

The way I always heard it was that anytime you are getting paid to take someone on your boat you need a Captains License. You need at least a six pack license through the coast guard.  That opens you up to all kinds of restrictions, liabilities and life changing situations though. A buddy told me he cant have a beer on any boat because he is sort of always considered on duty. Hei s as responsible as the owner of the boat because of his captains license.
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I love the late summer and fall. We are over the hump now. Things start to slow down. The vacationers start to leave and traffic starts getting back to normal. The ducks are going to be coming in and the crabs are the biggest and heaviest of the year.
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« Reply #16 on: April 03, 2018, 10:36:54 AM »

OK The way it reads(in short) in 08.02.03.15 Crabbing Charters  is that there are 2 types of Crabbing Charters. 1)( A) Commercial type- For any trip from a" Commercial Tidal Fish Licensee"(  Crabbing authorization ) for any form of compensation. Must have appropriate  Federal License ( USCG) I  assume? +"Fishing Guide License" You have to have a USCG license to get a Fishing Guide's License. May carry customers during a crabbing trip. Must have a" Seafood Dealer's License" to sell crabs to a customer  . I also agree about having Charter Insurance to be on the safe side. Shall report their catch and shall follow all Commercial Crabbing rules. Crabbing Charter #2 (D) This Charter only requires a  Fishing Guides License . You also require having and displaying the free Crabbing Charter Decal .You Shall comply with "recreational type" season, time limits, AND recreational gear restrictions .Trotlines, traps etc. only.No commercial pots. I may do some Commercial Crab Pot Charters this year.I think I got that all right? Any comments?
So if I am reading this correctly( Undecided). If you are commercial crab chartering, and you have to follow all commercial rules, then your party can have no alcohol on board, and you would need workmens comp on them? 
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