(a) Except as provided in § 8-202(d)(2) of this subtitle, employment performed by a crew member or officer of a vessel on the navigable waters of the United States is not covered employment if the vessel has a capacity of 10 net tons or less.

(b) Employment is not covered employment if:

(1) performed by a crew member or officer of:

(i) a vessel with a capacity of 10 net tons or less; or

(ii) a fishing boat that has a crew that normally consists of fewer than 10 individuals;

(2) the crew member or officer is engaged in the farming or taking of any aquatic life; and

(3) the crew member or officer is paid on a share basis and not by a salary.