Sec. 08.02.03.09. Recreational Crabbing Licenses — Chesapeake Bay and Its Tidal Tributaries

A. Recreational Crabbing License.

(1) Except as provided in §E of this regulation, an individual who catches or attempts to catch crabs for recreational purposes in the waters of the Chesapeake Bay and its tidal tributaries shall pay the fee and obtain a recreational crabbing license in order to use the following gear to catch crabs:

(a) Trotline;

(b) Collapsible traps or net rings;

(c) Up to ten eel pots for catching the individual's own bait, which are:

(i) Clearly labeled with the individual's name; and

(ii) Not placed in a buoy free channel as listed in Regulation .07H of this chapter or COMAR 08.02.05.08F; and

(d) Seines.

(2) The annual fee for a recreational crabbing license to catch or attempt to catch crabs for recreational purposes from the waters of the Chesapeake Bay and its tidal tributaries with the gear specified in §A(1) of this regulation is:

(a) For a Maryland resident - $5;

(b) For a Maryland resident, in possession of a Maryland Chesapeake Bay and coastal sport fishing license or a resident consolidated senior sport fishing license - $2;

(c) For a nonresident - $10.

(3) An individual who has purchased a recreational crabbing license shall have the license in possession when:

(a) Engaged in crabbing for recreational purposes with the gear listed under §A(1) of this regulation; or

(b) In possession of more crabs than provided for in the daily catch limits set forth in Regulation .10A(2)(a), A(3)(a) and (b), and A(4)(a) of this chapter and not on a boat that has been licensed as a recreational crab boat.

B. Recreational Crabbing Boat License.

(1) A recreational crabbing boat license authorizes an individual to use the following gear to catch or attempt to catch crabs in the licensed boat in the Chesapeake Bay and its tidal tributaries:

(a) Trotline; and

(b) Collapsible traps or net rings.

(2) The annual fee for a recreational crabbing boat license to catch or attempt to catch crabs for recreational purposes from the waters of the Chesapeake Bay and its tidal tributaries with the gear specified in §B(1) of this regulation is $15.

(3) To the recreational crabbing boat licensee, the Department shall issue:

(a) A recreational crabbing boat decal; and

(b) A complimentary recreational crabbing license.

(4) Except as provided in §B(5) of this regulation, the recreational crabbing boat decal:

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

(b) Is not transferable; and

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

(5) Exemption for Crabbing Boat Decals. If the crabbing boat 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:

(a) The individual who purchased the crabbing boat decal is present on the vessel;

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

(c) The crabbing boat decal was purchased within the previous 10 calendar days.

C. Complimentary Recreational Crabbing License.

(1) The Department shall issue a complimentary recreational crabbing license to an individual who purchases a:

(a) Recreational crabbing boat license; or

(b) Chesapeake Bay and coastal sport fishing boat license in accordance with Natural Resources Article, §4-745(d)(2), Annotated Code of Maryland.

(2) The individual issued the complimentary recreational crabbing license has the same restrictions as an individual with a recreational crabbing license.

(3) The recreational crabbing boat license and the complimentary recreational crabbing license count as a single license for the individual who purchases the recreational crabbing boat license.

D. Private Waterfront Property Crab Pot Registration.

(1) Only a person who owns or leases private property along the shore of the Chesapeake Bay and its tidal tributaries may obtain a private waterfront property crab pot registration.

(2) A person who owns or leases private property along the shore of the Chesapeake Bay and its tidal tributaries shall obtain a private waterfront property crab pot registration in order to use a crab pot from the person’s property.

(3) There is no fee for a private waterfront property crab pot registration.

E. Exceptions. An individual who catches or attempts to catch crabs for recreational purposes in the waters of the Chesapeake Bay and its tidal tributaries is not required to have a recreational crabbing license if the individual:

(1) Uses any of the following gear:

(a) A dipnet;

(b) A handline; or

(c) Up to two crab pots, if qualified to use crab pots as set forth in Regulation .07D of this chapter;

(2) Is assisting an individual who has a recreational crabbing license; or

(3) Is crabbing for recreational purposes from a boat that has been licensed by the Department as a recreational crabbing boat.

F. General.

(1) A recreational crabbing license, recreational crabbing boat license, or private waterfront property crab pot registration is valid for 365 days following the date of issuance.

(2) A recreational crabbing license, recreational crabbing boat license, or private waterfront property crab pot registration may be obtained from any authorized agent of the Department.

(3) The Department may designate a person engaged in a commercial enterprise as an agent to sell recreational crabbing licenses, recreational crabbing boat licenses, or issue private waterfront property crab pot registrations.

(4) An agent may retain:

(a) 50 cents for each recreational crabbing license issued by the agent; and

(b) $1.50 for each recreational crabbing boat license issued by the agent.