Md. Code Regs. 08.02.08.06

Current through Register Vol. 51, No. 22, November 1, 2024

Section 08.02.08.06 - Jonah Crabs

A. Definitions.

(1) In this regulation the following terms have the meanings indicated.

(2) Term Defined. "Federally tagged lobster trap" means a trap that:

(a) Meets the requirements described in Regulation JOE and F of this chapter; and

(b) Has a tag that was issued by the National Marine Fisheries Service.

B. Recreational.

(1) An individual may not possess any Jonah crab that is egg-bearing or from which eggs have been intentionally removed.

(2) There is no season or size limit for the recreational fishery.

(3) The daily possession limit is 50 Jonah crabs per person per day.

C. Commercial Fishery.

(1) A person shall be licensed in accordance with Natural Resources Article, §4-701, Annotated Code of Maryland, and permitted in accordance with this regulation in order to catch, possess, or land Jonah crabs for commercial purposes.

(2) A person may not catch, land, possess, sell, offer to sell, or transport any Jonah crab:

(a) Which is egg-bearing or from which eggs have been intentionally removed; or

(b) Measuring less than 4-3/4 inches in width, measured at the widest part of the carapace (body shell).

(3) A person may not remove the claws of a Jonah crab:

(a) Which is egg-bearing or from which eggs have been intentionally removed; or

(b) Measuring less than 4-3/4 inches in width, measured at the widest part of the carapace (body shell).

(4) A person who removes the claws of a Jonah crab at sea may harvest:

(a) Up to 5 gallons of claws of any size per trip; or

(b) More than 5 gallons of claws per trip, if all claws harvested are a minimum of 2-3/4 inches in length, measured on the bottom of the claw, from the joint to the lower tip of the claw.

(5) Maryland Jonah Crab Landing Permits.

(a) An individual is eligible to declare for a permit to catch and land Jonah crabs in Maryland if they are properly licensed in accordance with Natural Resources Article, §4-701, Annotated Code of Maryland.

(b) A landing permit is valid for the current commercial license year.

(c) Landing permits may not be transferred.

(6) Catch Limits.

(a) An individual who is not in possession of a Maryland Jonah crab landing permit may not land Jonah crabs in Maryland.

(b) An individual may land an unlimited number of Jonah crab claws and whole Jonah crabs per vessel per trip if the individual:

(i) Harvests Jonah crabs from a federally tagged lobster trap;

(ii) Is in possession of a valid federal lobster permit issued by the National Marine Fisheries Service; and

(iii) Is in possession of a valid Maryland Jonah crab landing permit

(iv) Is in possession of a valid Maryland Jonah crab claw landing permit.

(c) An individual may harvest Jonah crabs from gear other than a federally tagged lobster trap only if the:

(i) Individual is in possession of a valid Maryland Jonah crab landing permit;

(ii) Individual harvests fish species in addition to Jonah crabs during the same trip; and

(iii) Total weight, in pounds, of the other fish species harvested is greater than that of the Jonah crabs, at all times.

(d) An individual who harvests Jonah crabs from fishing gear other than a federally tagged lobster trap may not land more than:

(i) 1,000 whole Jonah crabs per vessel per trip; or

(ii) 2,000 Jonah crab claws per vessel per trip, regardless of whether or not the claws are attached to the Jonah crab.

(7) Jonah crabs harvested for commercial purposes from Maryland waters of the Atlantic Ocean or from the waters of the Exclusive Economic Zone (FEZ) and landed in Maryland shall be sold to a dealer with a federal permit.

D. Reporting and Penalties.

(1) An individual shall record the harvest of Jonah crabs in accordance with Natural Resources Article, §4-206, Annotated Code of Maryland.

(2) A dealer shall transmit information weekly, or as required, on each Jonah crab transaction through the Department-approved reporting system.

(3) In addition to any other penalty, failure to comply with this regulation may result in the suspension of the current permit or the denial of a subsequent permit.

(4) Prior to suspending a permit or denying an application for a permit under this regulation, the Department shall give the licensee notice of its intended action and an opportunity to appear at a hearing conducted in accordance with the contested case procedures set forth in State Government Article, Title 10, Subtitle 2, Annotated Code of Maryland, and COMAR 08.01.04.

E. Vessel Monitoring Systems. Vessels with commercial trap gear area permits issued by the National Marine Fisheries Service shall utilize a Department-approved electronic tracking device in compliance with the requirements of the Atlantic States Marine Fisheries Commission Interstate Fishery Management Plan for Jonah Crabs.

F. General.

(1) The Secretary may establish or modify catch limits or seasons for Jonah crabs in order to implement the Atlantic States Marine Fisheries Commission Interstate Fishery Management Plan for Jonah Crabs, 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 the public notice through various other media so that an affected person has 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.

Md. Code Regs. 08.02.08.06

Regulation .06 adopted effective August 8, 1980 (7:16 Md. R. 1594)
Regulation .06 amended effective September 24, 2007 (34:19 Md. R. 1649)
Regulation .06 repealed effective September 6, 2010 (37:18 Md. R. 1214)
Regulation .06A amended effective September 24, 2007 (34:19 Md. R. 1649)
Regulation .06C adopted effective June 12, 1981 (8:12 Md. R. 1060)
Regulation .06C amended effective September 24, 2007 (34:19 Md. R. 1649); adopted effective 43:18 Md. R. 1017, eff. 9/12/2016; amended effective 45:4 Md. R. 205, eff. 2/26/2018; amended effective 51:15 Md. R. 706, eff. 8/5/2024.