can i let my brother in law use my comm. lisence

[wonkafish123]

i have a commercial lisence and was wondering if i could let my brother in law or a family member use my boat and lisence.was told a few years ago that i could but a dnr police agent told my bro in law its illegal.any body know the truth to this.any help would be appreciated thanx in advance.

[stingray]

yes- sort of understandable if not inexcusable why the dnr got it wrong as its buried in comar

keep in mind that all violation pts apply to your license

[fisheyed]

I believe that it is ok as long as he is in your boat

[scott w]

The way I understand it is if your boat number is on the license any one can take the boat. I would call fisheries or DNR to check tho.its ur ass if he gets a ticket...

[stingray]

I believe that it is ok as long as he is in your boat

Unless your crab license doesn't list a vessel # on it, i think
and
of course his boat would need all markings etc

[Johnfishes]

Interesting, why would it be any different than a recreational fishing,hunting or drivers lisense? Why are their restrictions on the transfer of a lisense. Don't sound right to me.

[scott w]

Interesting, why would it be any different than a recreational fishing,hunting or drivers lisense? Why are their restrictions on the transfer of a lisense. Don't sound right to me.

A commercial license is registered to a specific person /boat or both so the boat can be operated without the license holder present.

[stingray]

I believe the law was written this way to allow a comm crabber to still make an income should he become disabled for any length of time.

- - - Updated - - -

Interesting, why would it be any different than a recreational fishing,hunting or drivers lisense? Why are their restrictions on the transfer of a lisense. Don't sound right to me.

Look it up. It's in COMAR.

[crabby and son]

A commercial license is registered to a specific person /boat or both so the boat can be operated without the license holder present.

It's not an individual license. It's a business license. The same as a plumbing or electrical license. The owner has to qualify for it but employees work under his license. The master doesn't have to be on the job..............Gary

[Tom Powers]

Virginia or MD.

In Virginia he can work as an agent on your license. Unless he has had his commercial license suspended by the Commission.

http://leg1.state.va.us/cgi-bin/legp...+4VAC20-610-30

I never understood how that complies with state code which says that you can not transfer a recreational license or commercial license. . . But that is what is on the books and common practice.

Also in VA you are responsible (to a certain extent) if he breaks the law under your license.

references

§ 28.2-226.1. Recreational gear license required.
A. Any person desiring to take or catch finfish or shellfish for recreational purposes in the tidal waters of the Commonwealth using commercial gear authorized under § 28.2-226.2, and for which an exemption is not provided in § 28.2-226, or included in § 28.2-302.1, shall first obtain the appropriate commercial gear license for recreational purposes. A license to use such gear for recreational purposes shall be issued to an individual for his exclusive use and shall not be transferable.


§ 28.2-302.1. Recreational license required.
Except in areas under the jurisdiction of the Department of Game and Inland Fisheries and as provided in § 28.2-302.5, a person shall not take or catch fish with rod and reel, hand line, by spearing or gigging, with a cast net, with a dip net, or by using up to two eel pots in the tidal waters of the Commonwealth under the jurisdiction of the Commission without first obtaining a saltwater recreational fishing license. The license required by this section and issued pursuant to § 28.2-302.2, 28.2-302.2:1, 28.2-302.6, 28.2-302.7, 28.2-302.8, 28.2-302.9 or 28.2-302.10 shall not be transferable.

§ 28.2-241. Registration of commercial fishermen required; exemption; penalty.
F. Registrations of commercial fishermen shall not be transferable.