EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*sb0053*
SENATE BILL 53
M2 5lr1173
(PRE–FILED)
By: Senator Bailey
Requested: October 10, 2024
Introduced and read first time: January 8, 2025
Assigned to: Education, Energy, and the Environment
A BILL ENTITLED
AN ACT concerning 1
Natural Resources – Commercial Crab Harvest – Start Time 2
FOR the purpose of requiring the Department of Natural Resources to adopt regulations 3
authorizing a tidal fish licensee who is authorized to catch crabs to begin catching 4
crabs at a certain time during certain months; and generally relating to tidal fish 5
licensees and crab harvests. 6
BY repealing and reenacting, with amendments, 7
Article – Natural Resources 8
Section 4–803 9
Annotated Code of Maryland 10
(2023 Replacement Volume and 2024 Supplement) 11
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 12
That the Laws of Maryland read as follows: 13
Article – Natural Resources 14
4–803. 15
(a) The Department may adopt rules and regulations to effectuate the following 16
purposes: 17
(1) To restrict catching and possessing any blue crab; 18
(2) The methods by which crabs are taken; 19
(3) To close or open any specified area to catch crabs; 20
(4) To prohibit or restrict devices used to catch crabs; 21 2 SENATE BILL 53
(5) To establish seasons to catch crabs; 1
(6) To establish that the workday for tidal fish licensees who catch crabs 2
using trotline gear may begin earlier than 1 hour before sunrise; and 3
(7) To establish minimum size limits for hard, soft, and peeler crabs. 4
[However, this section does not permit the Department to change existing license fees for 5
catching, picking, canning, packing, or shipping cooked hard or soft crabs or crab meat; or 6
for selling, or shipping live hard or soft crabs by barrel or crate. The Department may set 7
license fees on types of gear or equipment if not otherwise set by law.] 8
(b) (1) The Department may not adopt regulations to: 9
(i) Restrict a tidal fish licensee who catches crabs using trotline gear 10
to a workday of less than 8 hours per day, excluding time spent setting or taking up gear; 11
or 12
(ii) Establish time restrictions on a tidal fish licensee using trotline 13
gear for setting and taking up gear. 14
(2) Except as provided in subsection (c) of this section, if the Department 15
authorizes the workday to begin earlier than 1 hour before sunrise, then: 16
(i) The Department may not adopt regulations to restrict a tidal fish 17
licensee who catches crabs using trotline gear to a workday of less than 11 hours per day, 18
including time spent setting or taking up gear; and 19
(ii) Trotline gear may not be set earlier than the catch time 20
established by the Department. 21
(c) The Department shall adopt regulations that authorize a tidal fish licensee 22
who is authorized to catch crabs [using]: 23
(1) USING all legal gear to work 1 additional early hour on Labor Day, 24
Memorial Day, July 4, and the day before each of these holidays in a license year; AND 25
(2) TO BEGIN CATCHING CRABS AT LEAST 4 HOURS BEFORE SUNRISE 26
FROM JULY 1 THROUGH SEPTEMBER 30, INCLUSIVE. 27
(d) (1) THIS SECTION DOES NOT AUTHORIZE THE DEPARTMENT TO 28
CHANGE EXISTING LICE NSE FEES FOR: 29
(I) CATCHING, PICKING, CANNING, PACKING, OR SHIPPING 30
COOKED HARD OR SOFT CRABS O R CRAB MEAT; OR 31
SENATE BILL 53 3
(II) SELLING OR SHIPPING L IVE HARD OR SOFT CRA BS BY 1
BARREL OR CRATE . 2
(2) THE DEPARTMENT MAY SET LI CENSE FEES ON TYPES OF GEAR OR 3
EQUIPMENT IF NOT OTH ERWISE SET BY LAW . 4
(E) (1) The Department’s regulations may not become effective under this 5
section until the Department first holds public hearings. 6
(2) The Department shall advertise the time, place, and purpose of the 7
hearings in one newspaper of general daily circulation in the State, and at least in one 8
newspaper circulated in the affected region of each county whose waters may be directly 9
affected by the proposed regulations at least once per week for 2 successive weeks in 10
advance of the hearings. 11
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect June 12
1, 2025. 13