Md. Code Regs. 08.02.03.14 - General
A. Recreational.
(1) Except for crab pots from private property,
dipnets, or handlines, a person may not set any crabbing gear or catch crabs for
recreational purposes on Wednesdays in the Chesapeake Bay and its tidal
tributaries.
(2) When a State or federal
holiday falls on a Wednesday or Thursday, recreational crabbing is permitted on the
Wednesday of that week.
(3) An
individual may not offer to sell or sell crabs that were caught for recreational
purposes.
(4) An individual may not
knowingly buy or offer to buy crabs which were caught for recreational
purposes.
(5) An individual licensed to
provide services as a fishing guide or to fish recreationally in the Chesapeake Bay
and its tidal tributaries may possess any number of soft crabs or male peeler crabs
for the purposes of fishing.
(6) An
individual licensed to catch crabs for commercial purposes:
(a) May catch crabs for recreational purposes with
recreational crabbing gear without paying the fee for recreational crabbing set
forth in Regulation .09 of this chapter; and
(b) Has the same restrictions as an individual
with a recreational crabbing license when engaged in recreational crabbing
activities.
B.
Commercial - General.
(1) A person licensed to
catch crabs for sale may not set or retrieve gear or catch crabs for commercial
purposes in the Chesapeake Bay and its tidal tributaries on Sundays and Mondays
unless the person:
(a) Declares intent under
§C of this regulation;
(b) Is
granted an alternate day off under §D of this regulation;
(c) Is operating as a licensee's authorized user
on the vessel designated in accordance with Natural Resources Article, §
4-701, Annotated Code of
Maryland; or
(d) Is assisting as an
unlicensed crew member on another licensee's vessel.
(2) A person who is granted an alternate day off
under §D of this regulation may not set or retrieve gear or catch crabs for
commercial purposes on the alternate day off.
(3) The vessel of a person licensed to catch crabs
for sale may not be used to set or retrieve gear or catch crabs for commercial
purposes on the day or days on which the vessel's owner may not set or retrieve gear
or catch crabs for commercial purposes.
(4) A person licensed to catch crabs for
commercial purposes, who declares under §C(1) of this regulation, may set or
retrieve gear or catch crabs for commercial purposes on a Sunday or Monday of a
particular week if:
(a) A State or federal holiday
falls on the Sunday or Monday, or the immediately preceding Saturday; or
(b) The Sunday or Monday precedes a State or
federal holiday that falls on a Tuesday, Wednesday, Thursday, or Friday of the
particular week.
(5) Mature
female hard crabs shall be kept in separate bushels, lugs or barrels from male hard
crabs or peeler crabs.
(6) Mature female
hard crabs on board a vessel shall be stored in the same type of containers of
similar dimensions.
(7) Male hard crabs
on board a vessel shall be stored in the same type of containers of similar
dimensions.
(8) Except as specified in
§F(2) of this regulation, an individual licensed to catch crabs for commercial
purposes may not catch or possess in the Chesapeake Bay and its tidal tributaries
more than:
(a) Six mature female hard crabs per
container smaller than a barrel of male crabs; or
(b) 13 mature female hard crabs per barrel of male
crabs.
(9) Beginning in 2010,
an individual with a limited crab harvester (LCC) license will be considered as
limited crab harvester - frozen license status, as specified in §F(2)(b) of
this regulation, if that license is not designated as a:
(a) Limited crab harvester - active license;
or
(b) Limited crab harvester - male
only license.
(10) The
commercial female crab daily catch limit shall be determined by the license type
based on the abundance target for spawning age crabs recommended by the Chesapeake
Bay Stock Assessment Committee.
(11)
Except as provided in §B(11) of this regulation, an individual licensed to
catch crabs for commercial purposes may not harvest or possess more mature female
hard crabs daily than the catch limit specified by the individual's license
type.
(12) Except as provided in
§B(11) of this regulation, more than two licensees' daily catch limits from 1
day may not be harvested from, carried on, or possessed on a vessel while the
licensees are on board.
(13) An
individual may possess and transport crabs harvested from the waters of the Potomac
River or Virginia if:
(a) The individual is not
engaged in harvesting crabs in Maryland waters while the crabs harvested in the
waters of the Potomac River or Virginia are on board the vessel; and
(b) The individual is in possession of a Virginia
commercial crab harvester license or Potomac River Fisheries Commission commercial
license.
(14) Afloat used for
holding or shedding peelers shall have a base that is a minimum of 16 square
feet.
(15) An individual commercially
harvesting crabs aboard a vessel may only have crabs that are commercially harvested
on board.
C. Closed Day
Declaration of Intent.
(1) A person licensed to
catch crabs for sale and who wishes to set or retrieve gear or catch crabs on one of
the required days off in §B(1) of this regulation shall declare that person's
intent to set or retrieve gear or catch crabs in the Chesapeake Bay and its tidal
tributaries for commercial purposes on one of the required days off as specified in
§B(1) of this regulation.
(2)
Display of Declaration. The letters for the abbreviation of the day off shall be
identified and displayed on the vessel and shall be painted or firmly attached to
the port side near the stern of the vessel as follows:
(a) The letters shall be positioned in such a
manner as to be clearly visible to persons in passing boats;
(b) The letters shall be plain vertical block
characters of not less than 3 inches in height and shall contrast with the color of
the background;
(c) The letters "SUN"
shall be displayed as the abbreviation for Sundays; and
(d) The letters "MON" shall be displayed as the
abbreviation for Monday.
(3) A
person licensed to catch crabs for sale who declares a day off under §C(1) of
this regulation shall declare a Sunday or Monday day off only at the time of license
renewal or issuance on forms provided by the Department.
D. Alternate Closed Day.
(1) A person licensed to catch crabs for sale may
apply to the Department for an alternate to the closed days specified in §B(1)
of this regulation. The Department may grant a licensee's request for an alternate
closed day if the licensee demonstrates the:
(a)
Imposition of substantial hardship on the licensee's exercise of religion by
observing one of the closed days specified in §B(1) of this regulation;
and
(b) Absence of substantial hardship
on the licensee's exercise of religion by observing the alternate closed day
requested in the application.
(2) An alternate closed day shall be displayed on
the vessel in the manner set forth in §C(2) of this regulation using the first
three letters of the day of the week.
(3) A licensee who is granted an alternate closed
day may set gear and catch crabs on the closed days specified in §B(1) of this
regulation.
(4) A person licensed to
catch crabs for sale who declares a day off under §D(1) of this regulation
shall declare an alternate day off only at the time of license renewal or issuance
on forms provided by the Department.
E. Notwithstanding Natural Resources Article, §
4-809, Annotated Code of
Maryland, a person may not:
(1) Catch or possess
more than 6 hard crabs per container smaller than a barrel or 13 hard crabs per
barrel which measureless than the minimum size specified in these
regulations;
(2) Possess hard crabs
imported from another State which:
(a) Measure
less than 5 inches across the shell from tip to tip of the spike;
(b) Do not comply with the tolerance limits of the
jurisdiction of origin;
(c) Are not
accompanied by a bill of sale or bill of lading from the jurisdiction of origin;
and
(d) Were not caught in full
compliance with the laws of the jurisdiction of origin;
(3) From April 1 through July 14, catch or possess
a hard crab which measures less than 5 inches across the shell from tip to tip of
the spike, from the waters of the Chesapeake Bay and its tidal tributaries, except
that the minimum size of crabs does not apply to mature female crabs, identified by
the apron;
(4) A person licensed to
catch crabs for sale who declares a day off under §D(1) of this regulation
shall declare an alternate day off only at the time of license renewal or issuance
on forms provided by the Department.
(5)
Catch or possess a hard crab which measures less than 5 inches across the shell from
tip to tip of the spike from the waters of Worcester County, except that the minimum
size of crabs does not apply to mature female crabs, identified by the
apron;
(6) Except as provided in
§E(7) of this regulation, catch or possess more than 10 peeler crabs per bushel
or more than 20 per float which are:
(a) Less than
3-1/4 inches across the shell from tip to tip of the spike during the period from
April 1 through July 14; and
(b) Less
than 3-1/2 inches across the shell from tip to tip of the spike during the period
from July 15 through December 15;
(7) Catch or possess more than 10 peeler crabs per
bushel or more than 20 per float which are:
(a)
Less than 3-1/4 inches across the shell from tip to tip of the spike during the
period from April 1, 2015 through July 14, 2015 in the Atlantic Ocean, its coastal
bays and their tributaries;
(b) Less
than 3-1/2 inches across the shell from tip to tip of the spike during the period
from July 15, 2015 through December 31, 2015 in the Atlantic Ocean, its coastal bays
and their tributaries; and
(c) Less than
3-1/2 inches across the shell from tip to tip of the spike in the Chesapeake Bay and
its tidal tributaries during the period from April 1, 2015 through December 15,
2015; or
(8) Catch or
possess more than one soft crab per 2 dozen soft crabs which is less than 3-1/2
inches across the shell from tip to tip of the spike.
F. Limited Crab Harvester.
(1) Latent Effort Limited Crab Harvester License.
(a) A limited crab harvester (LCC) authorization
of a tidal fish license that has no reported crab harvest between January 1, 2004
and December 15, 2008 on reports submitted to the Department by January 30, 2009,
shall be determined to be a latent effort limited crab harvester license, except for
those licenses specified in §F(1)(b) of this regulation.
(b) Exceptions to Latent Effort Designation. The
following are exceptions to the latent effort designation:
(i) An LCC authorization received through the
apprenticeship program;
(ii) An LCC
authorization received through a permanent license transfer between August 1, 2006
and July 8, 2009;
(iii) An LCC
authorization assigned to an individual who provides appropriate documentation of
active military service during the period January 1, 2004 and January 30,
2009;
(iv) An LCC assigned to an
individual who completed a successful female bushel limit hardship appeal in 2008;
and
(v) An LCC assigned to an individual
who currently resides and has resided for at least 5 years on an island in the State
that is at least 3 miles from the mainland.
(2) Latent Effort Limited Crab Harvester Status.
(a) An individual with a license that has been
determined to be a latent effort license as described in §F(1) of this
regulation is required to have declared their LCC license as a limited crab
harvester - male only as described in §F(2)(b) of this regulation.
(b) An individual with a limited crab harvester
license - male only status:
(i) Shall only harvest
male crabs beginning on April 1, 2010;
(ii) May not harvest females at any time
regardless of the blue crab population target level being achieved for 3 consecutive
years;
(iii) Shall renew the license
annually in accordance with the schedule and fees designated for a LCC authorization
in Natural Resources Article, §
4-701, Annotated Code of
Maryland; and
(iv) May apply to the
Department for a permanent or temporary transfer of the license through a family,
business, or beneficiary transfer as described in Natural Resources Article, §
4-701, Annotated Code of
Maryland.
(c) The latent
effort license status may not be modified after declaration even if the license has
been transferred to a new owner.
(d)
Conditions for using an LCC male only authorization as one of the required
authorizations to upgrade to an unlimited tidal fish authorization are described in
COMAR 08.02.01.05I.
(e) Notwithstanding Natural Resources
Article, §
4-701, Annotated Code of
Maryland, any LCC which was previously frozen due to latent license status as
described in §F(1) of this regulation will not be required to pay the
authorization fee for the 2012 commercial crabbing
season.
G. Public
Notice.
(1) The Secretary may establish or modify
catch limits or modify seasons for blue crabs in order to implement the Chesapeake
Bay Blue Crab Fishery Management Plan by issuing a public notice on the Department's
website.
(2) The public notice shall
state its effective hour and date and shall be published on the Department's website
at least 48 hours in advance of the effective hour and date.
(3) The Secretary shall make a reasonable effort to
disseminate a public notice issued under this section through various other media so
that an affected person has a reasonable opportunity to be informed.
(4) A violation of the restrictions set by the
Secretary in accordance with this section is a violation of this
regulation.
Notes
Regulation .14 amended effective March 23, 2009 (36:6 Md. R. 488); February 8, 2010 (37:3 Md. R. 175); October 31, 2011 (38:22 Md. R. 1345); April 2, 2012 (39:6 Md. R. 407)
Regulation .14A amended effective January 1, 2014 (40:25 Md. R. 2067)
Regulation .14A, E amended effective February 25, 2008 (35:4 Md. R. 512)
Regulation .14B amended effective February 7, 2011 (38:3 Md. R. 152)
Regulation .14F amended effective July 26, 2010 (37:15 Md. R. 998)
Regulation .14 amended effective 42:6 Md. R. 510, eff.
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
A. Recreational.
(1) Except for crab pots from private property, dipnets, or handlines, a person may not set any crabbing gear or catch crabs for recreational purposes on Wednesdays in the Chesapeake Bay and its tidal tributaries.
(2) When a State or federal holiday falls on a Wednesday or Thursday, recreational crabbing is permitted on the Wednesday of that week.
(3) An individual may not offer to sell or sell crabs that were caught for recreational purposes.
(4) An individual may not knowingly buy or offer to buy crabs which were caught for recreational purposes.
(5) An individual licensed to provide services as a fishing guide or to fish recreationally in the Chesapeake Bay and its tidal tributaries may possess any number of soft crabs or male peeler crabs for the purposes of fishing.
(6) An individual licensed to catch crabs for commercial purposes:
(a) May catch crabs for recreational purposes with recreational crabbing gear without paying the fee for recreational crabbing set forth in Regulation .09 of this chapter; and
(b) Has the same restrictions as an individual with a recreational crabbing license when engaged in recreational crabbing activities.
B. Commercial-General.
(1) A person licensed to catch crabs for sale may not set or retrieve gear or catch crabs for commercial purposes in the Chesapeake Bay and its tidal tributaries on Sundays and Mondays unless the person:
(a) Declares intent under §C of this regulation;
(b) Is granted an alternate day off under §D of this regulation;
(c) Is operating as a licensee's authorized user on the vessel designated in accordance with Natural Resources Article, § 4-701, Annotated Code of Maryland; or
(d) Is assisting as an unlicensed crew member on another licensee's vessel.
(2) A person who is granted an alternate day off under §D of this regulation may not set or retrieve gear or catch crabs for commercial purposes on the alternate day off.
(3) The vessel of a person licensed to catch crabs for sale may not be used to set or retrieve gear or catch crabs for commercial purposes on the day or days on which the vessel's owner may not set or retrieve gear or catch crabs for commercial purposes.
(4) A person licensed to catch crabs for commercial purposes, who declares under §C(1) of this regulation, may set or retrieve gear or catch crabs for commercial purposes on a Sunday or Monday of a particular week if:
(a) A State or federal holiday falls on the Sunday or Monday, or the immediately preceding Saturday; or
(b) The Sunday or Monday precedes a State or federal holiday that falls on a Tuesday, Wednesday, Thursday, or Friday of the particular week.
(5) Mature female hard crabs shall be kept in separate bushels or barrels from male hard crabs or peeler crabs.
(6) Except as specified in §F(2) of this regulation, an individual licensed to catch crabs for commercial purposes may not catch or possess in the Chesapeake Bay and its tidal tributaries more than:
(a) Six mature female hard crabs per container smaller than a barrel of male crabs; or
(b) 13 mature female hard crabs per barrel of male crabs.
(7) Beginning in 2010, an individual with a limited crab harvester (LCC) license will be considered as limited crab harvester - frozen license status, as specified in §F(2)(b) of this regulation, if that license is not designated as a:
(a) Limited crab harvester - active license; or
(b) Limited crab harvester - male only license.
(8) The commercial female crab daily catch limit shall be determined by the license type based on the abundance target for spawning age crabs recommended by the Chesapeake Bay Stock Assessment Committee.
(9) Except as provided in §B(11) of this regulation, an individual licensed to catch crabs for commercial purposes may not harvest or possess more mature female hard crabs daily than the catch limit specified by the individual's license type.
(10) Except as provided in §B(11) of this regulation, more than two licensees' daily catch limits from 1 day may not be harvested from, carried on, or possessed on a vessel while the licensees are on board.
(11) An individual may possess and transport crabs harvested from the waters of the Potomac River or Virginia if:
(a) The individual is not engaged in harvesting crabs in Maryland waters while the crabs harvested in the waters of the Potomac River or Virginia are on board the vessel; and
(b) The individual is in possession of a Virginia commercial crab harvester license or Potomac River Fisheries Commission commercial license.
(12) Afloat used for holding or shedding peelers shall have a base that is a minimum of 16 square feet.
(13) An individual commercially harvesting crabs aboard a vessel may only have crabs that are commercially harvested on board.
C. Closed Day Declaration of Intent.
(1) A person licensed to catch crabs for sale and who wishes to set or retrieve gear or catch crabs on one of the required days off in §B(1) of this regulation shall declare that person's intent to set or retrieve gear or catch crabs in the Chesapeake Bay and its tidal tributaries for commercial purposes on one of the required days off as specified in §B(1) of this regulation.
(2) Display of Declaration. The letters for the abbreviation of the day off shall be identified and displayed on the vessel and shall be painted or firmly attached to the port side near the stern of the vessel as follows:
(a) The letters shall be positioned in such a manner as to be clearly visible to persons in passing boats;
(b) The letters shall be plain vertical block characters of not less than 3 inches in height and shall contrast with the color of the background;
(c) The letters "SUN" shall be displayed as the abbreviation for Sundays; and
(d) The letters "MON" shall be displayed as the abbreviation for Monday.
(3) A person licensed to catch crabs for sale who declares a day off under §C(1) of this regulation shall declare a Sunday or Monday day off only at the time of license renewal or issuance on forms provided by the Department.
D. Alternate Closed Day.
(1) A person licensed to catch crabs for sale may apply to the Department for an alternate to the closed days specified in §B(1) of this regulation. The Department may grant a licensee's request for an alternate closed day if the licensee demonstrates the:
(a) Imposition of substantial hardship on the licensee's exercise of religion by observing one of the closed days specified in §B(1) of this regulation; and
(b) Absence of substantial hardship on the licensee's exercise of religion by observing the alternate closed day requested in the application.
(2) An alternate closed day shall be displayed on the vessel in the manner set forth in §C(2) of this regulation using the first three letters of the day of the week.
(3) A licensee who is granted an alternate closed day may set gear and catch crabs on the closed days specified in §B(1) of this regulation.
(4) A person licensed to catch crabs for sale who declares a day off under §D(1) of this regulation shall declare an alternate day off only at the time of license renewal or issuance on forms provided by the Department.
E. Notwithstanding Natural Resources Article, § 4-809, Annotated Code of Maryland, a person may not:
(1) Catch or possess more than 6 hard crabs per container smaller than a barrel or 13 hard crabs per barrel which measureless than the minimum size specified in these regulations;
(2) Possess hard crabs imported from another State which:
(a) Measure less than 5 inches across the shell from tip to tip of the spike;
(b) Do not comply with the tolerance limits of the jurisdiction of origin;
(c) Are not accompanied by a bill of sale or bill of lading from the jurisdiction of origin; and
(d) Were not caught in full compliance with the laws of the jurisdiction of origin;
(3) From April 1 through July 14, catch or possess a hard crab which measures less than 5 inches across the shell from tip to tip of the spike, from the waters of the Chesapeake Bay and its tidal tributaries, except that the minimum size of crabs does not apply to mature female crabs, identified by the apron;
(4) A person licensed to catch crabs for sale who declares a day off under §D(1) of this regulation shall declare an alternate day off only at the time of license renewal or issuance on forms provided by the Department.
(5) Catch or possess a hard crab which measures less than 5 inches across the shell from tip to tip of the spike from the waters of Worcester County, except that the minimum size of crabs does not apply to mature female crabs, identified by the apron;
(6) Except as provided in §E(7) of this regulation, catch or possess more than 10 peeler crabs per bushel or more than 20 per float which are:
(a) Less than 3-1/4 inches across the shell from tip to tip of the spike during the period from April 1 through July 14; and
(b) Less than 3-1/2 inches across the shell from tip to tip of the spike during the period from July 15 through December 15;
(7) Catch or possess more than 10 peeler crabs per bushel or more than 20 per float which are:
(a) Less than 3-1/4 inches across the shell from tip to tip of the spike during the period from April 1, 2015 through July 14, 2015 in the Atlantic Ocean, its coastal bays and their tributaries;
(b) Less than 3-1/2 inches across the shell from tip to tip of the spike during the period from July 15, 2015 through December 31, 2015 in the Atlantic Ocean, its coastal bays and their tributaries; and
(c) Less than 3-1/2 inches across the shell from tip to tip of the spike in the Chesapeake Bay and its tidal tributaries during the period from April 1, 2015 through December 15, 2015; or
(8) Catch or possess more than one soft crab per 2 dozen soft crabs which is less than 3-1/2 inches across the shell from tip to tip of the spike.
F. Limited Crab Harvester.
(1) Latent Effort Limited Crab Harvester License.
(a) A limited crab harvester (LCC) authorization of a tidal fish license that has no reported crab harvest between January 1, 2004 and December 15, 2008 on reports submitted to the Department by January 30, 2009, shall be determined to be a latent effort limited crab harvester license, except for those licenses specified in §F(1)(b) of this regulation.
(b) Exceptions to Latent Effort Designation. The following are exceptions to the latent effort designation:
(i) An LCC authorization received through the apprenticeship program;
(ii) An LCC authorization received through a permanent license transfer between August 1, 2006 and July 8, 2009;
(iii) An LCC authorization assigned to an individual who provides appropriate documentation of active military service during the period January 1, 2004 and January 30, 2009;
(iv) An LCC assigned to an individual who completed a successful female bushel limit hardship appeal in 2008; and
(v) An LCC assigned to an individual who currently resides and has resided for at least 5 years on an island in the State that is at least 3 miles from the mainland.
(2) Latent Effort Limited Crab Harvester Status.
(a) An individual with a license that has been determined to be a latent effort license as described in §F(1) of this regulation is required to have declared their LCC license as a limited crab harvester - male only as described in §F(2)(b) of this regulation.
(b) An individual with a limited crab harvester license - male only status:
(i) Shall only harvest male crabs beginning on April 1, 2010;
(ii) May not harvest females at any time regardless of the blue crab population target level being achieved for 3 consecutive years;
(iii) Shall renew the license annually in accordance with the schedule and fees designated for a LCC authorization in Natural Resources Article, § 4-701, Annotated Code of Maryland; and
(iv) May apply to the Department for a permanent or temporary transfer of the license through a family, business, or beneficiary transfer as described in Natural Resources Article, § 4-701, Annotated Code of Maryland.
(c) The latent effort license status may not be modified after declaration even if the license has been transferred to a new owner.
(d) Conditions for using an LCC male only authorization as one of the required authorizations to upgrade to an unlimited tidal fish authorization are described in COMAR 08.02.01.05I.
(e) Notwithstanding Natural Resources Article, § 4-701, Annotated Code of Maryland, any LCC which was previously frozen due to latent license status as described in §F(1) of this regulation will not be required to pay the authorization fee for the 2012 commercial crabbing season.
G. Public Notice.
(1) The Secretary may establish or modify catch limits or modify seasons for blue crabs in order to implement the Chesapeake Bay Blue Crab Fishery Management Plan by issuing a public notice on the Department's website.
(2) The public notice shall state its effective hour and date and shall be published on the Department's website at least 48 hours in advance of the effective hour and date.
(3) The Secretary shall make a reasonable effort to disseminate a public notice issued under this section through various other media so that an affected person has a reasonable opportunity to be informed.
(4) A violation of the restrictions set by the Secretary in accordance with this section is a violation of this regulation.
Notes
Regulation .14 amended effective March 23, 2009 (36:6 Md. R. 488); February 8, 2010 (37:3 Md. R. 175); October 31, 2011 (38:22 Md. R. 1345); April 2, 2012 (39:6 Md. R. 407)
Regulation .14A amended effective January 1, 2014 (40:25 Md. R. 2067)
Regulation .14A, E amended effective February 25, 2008 (35:4 Md. R. 512)
Regulation .14B amended effective February 7, 2011 (38:3 Md. R. 152)
Regulation .14F amended effective July 26, 2010 (37:15 Md. R. 998)
Regulation .14 amended effective 42:6 Md. R. 510, eff.