In this subtitle the following words have the meanings indicated. “Buckram crab” means a crab that has a paper shell. “Crab” means the blue crab species. “Green crab” means an under-developed peeler. “Peeler” means a crab which has a soft shell that is developing under the hard shell, on which there is a white, pink, or red line or rim on the edge of that part of the back fin next to the outer section of this fin.

The provisions of this subtitle apply only to the species of crab commonly known as the blue crab.

Any crabs caught in the waters of Worcester County shall be landed in the State. However, the Department may waive the provisions of this section in case of emergency, necessity, or for other good cause.

The Department may adopt rules and regulations to effectuate the following purposes: To restrict catching and possessing any blue crab; The methods by which crabs are taken; To close or open any specified area to catch crabs; To prohibit or restrict devices used to catch crabs; To establish seasons to catch crabs; To establish that the workday for tidal fish licensees who catch crabs using trotline gear may begin earlier than 1 hour before sunrise; and To establish minimum size limits for hard, soft, and peeler crabs. However, this section does not permit the Department to change existing license fees for catching, picking, canning, packing, or shipping cooked hard or soft crabs or crab meat; or for selling, or shipping live hard or soft crabs by barrel or crate. The Department may set license fees on types of gear or equipment if not otherwise set by law. The Department may not adopt regulations to: Restrict a tidal fish licensee who catches crabs using trotline gear to a workday of less than 8 hours per day, excluding time spent setting or taking up gear; or Establish time restrictions on a tidal fish licensee using trotline gear for setting and taking up gear. Except as provided in subsection (c) of this section, if the Department authorizes the workday to begin earlier than 1 hour before sunrise, then: The Department may not adopt regulations to restrict a tidal fish licensee who catches crabs using trotline gear to a workday of less than 11 hours per day, including time spent setting or taking up gear; and Trotline gear may not be set earlier than the catch time established by the Department. The Department shall adopt regulations that authorize a tidal fish licensee who is authorized to catch crabs using all legal gear to work 1 additional early hour on Labor Day, Memorial Day, July 4, and the day before each of these holidays in a license year. The Department’s regulations may not become effective under this section until the Department first holds public hearings. The Department shall advertise the time, place, and purpose of the hearings in one newspaper of general daily circulation in the State, and at least in one newspaper circulated in the affected region of each county whose waters may be directly affected by the proposed regulations at least once per week for 2 successive weeks in advance of the hearings.

Any person who owns or is in charge of operating a vessel utilized to catch crabs in the waters of the State for commercial purposes shall obtain a license.

An individual under the age of 16 years catching or attempting to catch crabs in the waters of the Chesapeake Bay and its tidal tributaries without a recreational crabbing license may use a collapsible trap, net ring, handline, or dip net, as described by the Department in regulations.

Any person desiring to engage in the business of picking, canning, or packing crabs, except a person picking and selling crab meat for local family trade, first shall obtain a license. “Local family trade” means the selling of picked crab meat directly to the consumer by the picker, with the meat being picked entirely from crabs harvested by the picker or family of the picker. Nothing in this section exempts persons engaged in picking, canning, or packing crabs from the applicable Maryland Department of Health requirements. This section does not require any person licensed to catch crabs to obtain a license to sell the crabs caught, or require a license for retail crab sellers who purchase crabs from a person licensed under this section.

Except as provided in regulations adopted under paragraph (2) of this subsection, a person may not catch or possess soft crabs measuring less than three and one–half inches across the shell from tip to tip of the spike. The Department shall adopt regulations establishing and governing a permissible bycatch for soft crabs under this subsection. The regulations that the Department adopts under this paragraph may not be more restrictive than the applicable restrictions on the permissible bycatch for hard crabs and peeler crabs. In the waters of Worcester County, a person may not catch, possess, or keep in floats any fat crabs, or any crab known as snot crab, green crab, or buckram crab. The minimum size of crabs does not apply to mature female crabs, identified by the rounded apron. The minimum size for peeler crabs set by the Department in regulation does not apply to crabs imported into Maryland during the closed season for catching crabs if the person possessing the imported crabs has a certificate of origin. Once taken, peelers shall be kept separate from other crabs.

The Department may adopt rules and regulations, after reasonable notice by publication, to permit or prohibit catching, canning, packing, shipping, or possessing the egg-bearing female crab or the female crab from which eggs have been removed.

A person may set crab pots in the waters of Tangier Sound, including Kedges Straits and the Somerset County waters of Holland Straits, south of a line running from Lower Island Point on Bloodsworth Island, following the Dorchester County-Somerset County line to its junction with county line buoy A; thence in a northerly direction toward Sharkfin Shoal Light to its junction with a straight line running from range marker AA northeasterly to range marker BB and the Dorchester County-Somerset County line; thence in a northeasterly direction following the straight line running from range marker AA northeasterly to range marker BB and the Dorchester County-Somerset County line to its junction with a line running from the former dwelling of Thomas Tigner near Haines Point to the southwesterly most point of land on Clay Island, provided that no crab pots be set in water that is less than 4 feet deep at mean low tide. A person may set crab pots outside of marked channels in the waters of Tyler Creek on Smith Island from April 1 to June 15. A person may not set crab pots in the Dorchester County waters of Holland Straits.

Except as otherwise provided in this section, a person authorized to catch crabs for commercial purposes may not set or fish more than 300 crab pots. For the license year ending August 31, 1994, a licensee who held a valid license to catch crabs for commercial purposes on April 1, 1994, may set and fish 300 additional crab pots for each additional crew member authorized on the license, but may not set more than 600 additional crab pots, regardless of the number of crew members, and may not set more than 900 pots per boat. After August 31, 1994, an authorization granted under subsection (b) of this section to employ one or two additional crew members and thereby fish additional crab pots, shall be valid until the license is transferred, revoked by the Department or relinquished voluntarily by the licensee. An authorization granted under subsection (b) of this section may be transferred to another licensee separately from the original crab harvester license or tidal fish license in any valid transfer under Subtitle 7 of this title. The Department shall determine the total number of additional crew authorizations granted under subsection (b) of this section. When a license is revoked or voluntarily relinquished, the Department may award the unused crew authorization to another licensee under criteria and procedures to be promulgated as regulations by the Department, provided that the number of crew authorizations in use may not exceed the total number granted under subsection (b) of this section as of August 31, 1994.

In St. Mary’s County, a person may not harvest crabs with a bank trap or a channel pound after October 1, 2000.

The Department may adopt regulations to limit or prohibit the importation, use, catching, or possessing of the following nonnative crab species, which are determined to be harmful to the ecology and natural resources of the State: Green crab (Carcinus maenas) of the family Portunidae; Japanese shore crab (Hemigrapsus sanguineus) of the family Grapsidae; and Chinese mitten crab (Eriocheir sinensis) of the family Grapsidae.