.09 Recreational Crabbing Licenses — Chesapeake Bay and Its Tidal Tributaries.

A. Recreational Crabbing License.

(1) 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) More than ten but not more than 30 collapsible traps or net rings, or a combination of 30 collapsible traps and net rings; and

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

(ii) Not placed in a buoy free channel as listed in Regulations .07H and .08E of this chapter.

(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;

(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 .10C(1) and D of this chapter and not on a boat that has been licensed as a recreational crab boat.

B. Recreational Crabbing Boat License.

(1) An individual shall pay the fee and obtain a recreational crabbing boat license in order 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; or

(b) More than ten but not more than 30 collapsible traps or net rings, or combination of 30 collapsible traps and 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) The recreational crabbing boat decal shall be affixed to the boat of the licensee.

C. Complimentary Recreational Crabbing License.

(1) An individual who has received a complimentary recreational crabbing license shall have the complimentary license in possession when:

(a) Engaged in crabbing for recreational purposes with the gear listed under §A(1) of this regulation from a location other than the boat of the licensee; or

(b) In possession of more crabs than provided for in the daily catch limits set forth in Regulation .10C(1) and D of this chapter and not on a boat that has been licensed as a recreational crab boat.

(2) If a recreational crabbing boat licensee or a Chesapeake Bay and coastal sport fishing boat licensee is in possession of the complimentary recreational crabbing license, the licensee may:

(a) Catch crabs for recreational purposes in the Chesapeake Bay and its tidal tributaries; and

(b) Use up to ten eel pots for catching bait for use by the licensee.

D. 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;

(d) A seine which does not exceed 50 feet in length;

(2) Is younger than 16 years old;

(3) Is crabbing for recreational purposes in an area which has been designated by the Department in COMAR 08.02.01.07C as a free fishing area;

(4) Is qualified to use not more than two crab pots as set forth in Regulation .07D of this chapter;

(5) Is aboard a boat with an individual who has a recreational crabbing license; or

(6) Is crabbing for recreational purposes from a boat that has been licensed:

(a) By the Department as a recreational crabbing boat; or

(b) Under Natural Resources Article, §4-745(d)(2), Annotated Code of Maryland.

E. General.

(1) A recreational crabbing license or recreational crabbing boat license is valid for not more than 1 year and expires December 31 following the date of issuance.

(2) A recreational crabbing license or recreational crabbing boat license 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 or recreational crabbing boat licenses.

(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.