Sec. 08.02.03.15. Crabbing Charters

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 individuallicensed 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.