Current through Register 2024 Notice Reg. No. 38, September 20, 2024
(a) General
Provisions.
(1) Saltwater crustaceans may be
taken by hand.
(2) Nets, traps or
other appliances may not be used except as provided in this Section.
(3) It is unlawful to disturb, move, or
damage any trap; or remove any saltwater crustacean from a trap, that belongs
to another person without written permission including permission transmitted
electronically, in possession from the operator of the trap. Any person with
written permission from the operator of a crab trap will be in compliance with
subsection (c)(3)(A)1. if the written permission contains the operator's GO ID
number that matches the GO ID number on the buoy of the crab trap being
fished.
(b) Hoop nets.
Hoop nets may be used to take spiny lobsters and all species of crabs.
(1) Hoop Net Defined: Only Type A and Type B
hoop nets, as describe below, are allowed for use:
(A) Type A: Fishing gear that is comprised of
one to three rigid ring(s), with each ring measuring no greater than 36 inches
in inside diameter nor less than 10 inches in inside diameter, which is/are
connected to non-metallic soft mesh thereby forming a circular-shaped net with
an enclosed bottom and with the following specifications:
1. Lift lines shall be attached only to the
top ring;
2. A second and third
rigid ring(s) may be connected by non-metallic soft mesh to the top ring;
however, each ring must be equal in size to or smaller than the ring above
it;
3. When the net is being
raised, the top ring shall be above and parallel to all other rings, with the
enclosed bottom portion of the non-metallic soft mesh even with or hanging
below all other rings;
4. All parts
of the hoop net shall collapse and lie flat when resting on the ocean floor in
such a manner that the gear does not entrap or restrict the free movement of
crustaceans until lifted;
5. When
suspended from lift lines, the entire hoop net shall measure no taller than 36
inches; and
6. The ring material
shall not be thicker than one inch in any dimension.
(B) Type B: Fishing gear that is comprised of
only two rigid rings (not including the bait ring), with the bottom ring
measuring no greater than 36 inches in inside diameter and the top ring
measuring no less than 15 inches in inside diameter and with the following
specifications:
1. The top ring shall be
connected to the bottom ring and supported by no more than six rigid straight
support arms, and the assembled frame shall measure no more than 10 inches
tall;
2. The rings and support
material shall not be thicker than one inch in any dimension;
3. All rings shall be connected by
non-metallic soft mesh, thereby forming a net with an enclosed
bottom;
4. Lift lines shall be
attached only to the top ring;
5.
When suspended from lift lines, the enclosed bottom portion of the net shall be
even with or hanging below the bottom ring, and the entire net shall measure no
taller than 30 inches;
6. It is
unlawful to have any entrances below the top ring; and
7. A bait ring may be used if it is attached
to the bottom half of the net and it is not attached to any part of the rigid
frame.
(2) The
owner or operator of a hoop net shall raise the hoop net to the surface and
inspect the contents of the hoop net at intervals not to exceed 2
hours.
(3) It is unlawful to
abandon or leave unchecked a hoop net for more than 2 hours. Any hoop net left
unchecked for more than 2 hours shall be considered abandoned and may be seized
by any person authorized to enforce these regulations.
(4) Limits: Except for the limit of two hoop
nets when taking crabs from a public pier under subsection
28.65(b), the
following limits apply when taking spiny lobster or crab.
(A) Between Point Arguello, Santa Barbara
County, and the United States-Mexico border, not more than five hoop nets shall
be possessed or deployed by a person, unless when two or more persons are on a
vessel, in which case not more than 10 hoop nets may be possessed or deployed
from such vessel.
(B) North of
Point Arguello to the California-Oregon border, there is no limit on the number
of hoop nets that may be possessed or deployed.
(5) Hoop Net Identification Requirements: All
hoop nets shall be marked with a surface buoy, except for those hoop nets
deployed by persons on shore or manmade structures connected to the shore.
(A) The surface buoy of hoop nets deployed
from commercial passenger fishing vessels shall be legibly marked to identify
the commercial boat registration number of the vessel.
(B) The surface buoy of hoop nets provided by
a licensed guide to clients for use on guided trips shall be legibly marked to
identify the guide license number of the accompanying guide.
(C) In all other cases, the surface buoy of
any deployed hoop net shall be legibly marked with the operator's GO ID number,
or the GO ID number of at least one operator if there are multiple
operators.
(6) Hoop nets
shall not be deployed and used in ocean waters south of Point Arguello, Santa
Barbara County, during the 24-hour period prior to the opening of the
recreational spiny lobster season.
(c) Crab traps:
(1) Crab traps shall have at least two rigid
circular openings of not less than four and one-quarter inches inside diameter
so constructed that the lowest portion of each opening is no lower than five
inches from the top of the trap.
(2) Crab traps shall contain at least one
destruct device of a single strand of untreated cotton twine size No. 120 or
less that creates an unobstructed escape opening in the top or upper half of
the trap of at least five inches in diameter when the destruct attachment
material corrodes or fails.
(3)
Trap Gear Identification: Every crab trap shall be marked with only a main buoy
and a marker buoy, except as noted under subsection
29.80(c)(3)(C)
below.
(A) A main buoy is a surface buoy that
is at least 5 inches in diameter and 11 inches in length.
1. The main buoy for traps deployed by an
individual shall be legibly marked with the operator's assigned GO ID
number.
2. The main buoy for traps
deployed from a commercial passenger fishing vessel shall be legibly marked to
identify the commercial boat registration number of that
vessel.
(B) A marker buoy
is a red buoy 3 inches in diameter and 5 inches in length attached no more than
3 feet from the main buoy.
(C) In
addition to marking the buoy pursuant to subsection (c)(3)(A)2., traps deployed
by commercial passenger fishing vessels shall be legibly marked to identify the
commercial boat registration number of the vessel.
(4) Crab traps shall not be deployed and used
in ocean waters seven days prior to the opening of the Dungeness crab
season.
(5) Every crab trap shall
be raised, cleaned, and emptied (serviced) at intervals not to exceed 9 days,
weather conditions at sea permitting, and no crab trap shall be abandoned in
the waters of this state.
(6) Trap
Limits:
(A) An individual shall not operate
more than 10 deployed traps, except an individual may service up to 10
additional traps if the individual has in possession written permission from
the operator(s) of the additional traps whose gear are identified in accordance
with subsection (c)(3)(A)1.
(B) A
commercial passenger fishing vessel shall not deploy more than 60 traps per
vessel.
(7) Starting at
least 5 days in advance of the opening of the recreational Dungeness crab
fishing season pursuant to Section
29.85, the director shall, on at
least a monthly basis until the season opens statewide and March 1 through June
15, evaluate and respond to risk of humpback whales, blue whales, and/or
Pacific leatherback sea turtle entanglement with recreational crab fishing gear
as follows:
(A) The director shall evaluate
entanglement risk based on marine life concentrations as defined in subsection
132.8(a)(10),
Title 14, CCR, and consistent with the acceptable data and numerical triggers
outlined in subsection
132.8(c)(2).
1. If data are available, and marine life
concentrations meet the numerical triggers for any species as specified in
subsection
132.8(c)(2)(A)4.
(in the fall) or 132.8(c)(2)(B) (in the spring), the director shall take action
pursuant to subsection
29.80(c)(7)(B)
below.
2. If data are unavailable
prior to the recreational Dungeness crab season opener, the director shall take
action pursuant to subsection
29.80(c)(7)(B)
below until data are available, at which point subsection
29.80(c)(7)(A)1.
shall apply.
(B) If
required under subsection
29.80(c)(7)(A)
above, the director after consulting with the president of the commission or
the president's designee, shall implement one or more of the following
recreational management actions that the director demonstrates protects
humpback whales, blue whales, and/or Pacific leatherback sea turtles based on
best available science. Recreational management action shall be determined
based on consideration of information outlined in subsection
132.8(d):
1. Advisory notice to recreational crab
fishers to employ voluntary efforts and/or measures to reduce the risk of
entanglements (e.g. best fishing practices).
2. Recreational Dungeness crab season delay
and continuation of the crab trap prohibition specified in subsection
29.80(c)(4),
whereby the director shall prohibit the deployment and use of recreational crab
traps until new data indicates the numerical triggers for any species as
specified in subsection
132.8(c)(2)(A)4.
(in the fall) are no longer met, at which point the director shall lift or
modify the Dungeness crab season delay as appropriate.
3. Season closure, whereby the director shall
prohibit the deployment and use of recreational crab traps until new data
indicates the numerical triggers for any species as specified in subsection
132.8(c)(2)(B)
(in the spring) are no longer met, or the normal end of the Dungeness crab
season specified in subsection
29.85(b)(2), at
which point the director shall lift or modify the closure as
appropriate.
(C)
Recreational management action may be implemented statewide or by fishing
zone(s) (as defined in subsections
132.8(a)(7)(A)-(G)),
if the director demonstrates less-than-statewide action protects humpback
whales, blue whales, and/or Pacific leatherback sea turtles based on best
available science.
(D) Notice of a
delay or closure pursuant to subsection
29.80(c)(7)(B)2.
or 3. shall be transmitted via a director's declaration. The declaration will
describe the following:
1. Data supporting
the entanglement risk evaluation pursuant to subsection
29.80(c)(7)(A).
2. Relevant information informing management
considerations from subsection
132.8(d).
3. Rationale for nexus between management
considerations in subsection
132.8(d) and
chosen recreational management action under subsection
29.80(c)(7)(B).
4. Duration of management
action.
(E) The
director's declaration pursuant to subsection
29.80(c)(7)(D)
shall provide a minimum of 5 days' notice before the delay or closure becomes
effective.
(F) The director's
declaration and/or any advisory notice shall be communicated via the
department's "Whale Safe Fisheries" webpage located at
https://wildlife.ca.gov/Conservation/Marine/Whale-Safe-Fisheries.
At its discretion, the department may communicate declarations and/or advisory
notices via additional formats.
(G)
After the director implements a management action pursuant to subsection
(c)(7)(B), he or she shall notify the commission and request that the
commission schedule a public discussion of the management action at its next
regularly-scheduled commission meeting.
(d) Crab loop traps may have up to six
loops.
(e) Crab trap areas: Crab
traps, including crab loop traps, may be used north of Point Arguello, Santa
Barbara County, to take all species of crabs.
(f) Shrimp and prawn traps may be used to
take shrimp and prawns only. Trap openings may not exceed 1/2 inch in any
dimension on traps used south of Point Conception nor five inches in any
dimension on traps used north of Point Conception.
(g) Diving for crustaceans: In all ocean
waters, except as provided in Section
29.05, skin and SCUBA divers may
take crustaceans by the use of the hands only. Divers may not possess any
hooked device while diving or attempting to dive. Divers may be in possession
of spearfishing equipment so long as possession of such equipment is otherwise
lawful and is not being used to aid in the take of crustaceans.
(h) Gear restrictions. It shall be unlawful
to use anything other than the following hand-operated devices to take sand
crabs or shrimp: spades, shovels, hoes, forks, rakes, devices that use suction
commonly known as slurp guns or clam guns, or rigid pipes used to prevent the
collapse of holes when digging for sand crabs or shrimp. It shall be unlawful
to use any other devices to take crabs or shrimp, including any hydraulic pump
or other device capable of liquifying sand.
(i) Dip nets and Hawaiian type throw nets:
Shrimp may be taken with dip nets and Hawaiian type throw nets north of Point
Conception.
(j) Shrimp trawls:
Shrimp beam trawls may be used to take shrimp only in San Francisco Bay waters
east of the Golden Gate Bridge, and in San Pablo Bay. The beam trawl frame from
which the net is hung may not exceed 24 inches by 18 inches. The trawl may be
towed by motorized vessels but may not be retrieved by mechanical devices. Any
fish, other than shrimp, caught in the trawl must be returned immediately to
the water.
1. New
subsection (d), subsection redesignation and amendment of subsection (e) and
NOTE filed 3-7-94; operative 3-7-94 pursuant to Fish and Game Code sections
202 and
215
(Register 94, No. 10).
2. Amendment of subsection (c) filed
10-20-94; operative 10-20-94 pursuant to Government Code section
11346.2(d)
(Register 94, No. 42).
3. Amendment of subsection (b) and NOTE filed
2-5-98; operative 3-1-98 pursuant to Fish and Game Code sections
202 and
215
(Register 98, No. 6).
4. Amendment of subsections (b) and (e) filed
2-18-2000; operative 3-1-2000 pursuant to Fish and Game Code sections
202 and
215
(Register 2000, No. 7).
5. Repealer and new subsection (a), new
subsections (a)(1)-(3) and amendment of subsection (g) filed 2-28-2007;
operative 2-28-2007 pursuant to Government Code section
11343.4
(Register 2007, No. 9).
6. Amendment of subsection (b) and new
subsections (b)(1)-(2) filed 12-3-2010; operative 4-1-2011 (Register 2010, No.
49).
7. Amendment of subsection (b)(1)(B) filed 9-22-2011; operative
9-22-2011 pursuant to Government Code section
11343.4
(Register 2011, No. 38).
8. New subsection (c), redesignation of
former subsection (c) to subsection (c)(1), new subsections (c)(2)-(4) and
amendment of subsection (e) filed 11-6-2015; operative 11-7-2015 pursuant to
Government Code section
11343.4(b)(4)(A)
(Register 2015, No. 45).
9. Amendment of subsection (b)(2), new
subsection (b)(3), amendment of subsection (g) and amendment of NOTE filed
3-2-2017; operative 4-1-2017 pursuant to Government Code section
11343.4(b)(3)
(Register 2017, No. 9).
10. Amendment of subsections (a)(3) and
(b)(3), new subsections (b)(3)(A)-(B), amendment of subsections (c)(2)-(4) and
amendment of NOTE filed 9-29-2017; operative 9-29-2017 pursuant to Government
Code section
11343.4(b)(3)
(Register 2017, No. 39).
11. Amendment of subsection (h) filed
3-8-2021 as an emergency; operative 3-8-2021 (Register 2021, No. 11). Emergency
expiration extended 60 days (Executive Order N-40-20) plus an additional 60
days (Executive Order N-71-20). A Certificate of Compliance must be transmitted
to OAL by 1-7-2022 or emergency language will be repealed by operation of law
on the following day.
12. Amendment of section heading, section and
NOTE filed 9-20-2021; operative 11-1-2021 pursuant to Government Code section
11343.4(b)(4)(A)
(Register 2021, No. 39). Filing deadline specified in Government Code section
11349.3(a)
extended 60 calendar days pursuant to Executive Order N-40-20 and an additional
60 calendar days pursuant to Executive Order N-71-20.
13. Amendment
of section heading, section and NOTE refiled 12-16-2021 as an emergency;
operative 1-8-2022 (Register 2021, No. 51). A Certificate of Compliance must be
transmitted to OAL by 4-8-2022 or emergency language will be repealed by
operation of law on the following day.
14. Amendment of section
heading, section and NOTE refiled 3-16-2021 as an emergency; operative
4-11-2022 (Register 2022, No. 11). A Certificate of Compliance must be
transmitted to OAL by 7-11-2022 or emergency language will be repealed by
operation of law on the following day.
15. Editorial correction of
subsection (b)(1)(B) (Register 2022, No. 18).
16. Certificate of
Compliance as to 3-16-2022 order, including amendment of subsection (h) and
amendment of NOTE, transmitted to OAL 5-27-2022 and filed 7-11-2022; amendments
effective 7-11-2022 pursuant to Government Code section
11343.4(b)(3)
(Register 2022, No. 28).
17. Editorial correction of subsection
(b)(1)(B) in 5-31-2022 filing (Register 2022, No. 35).
18. Amendment
of section and NOTE filed 10-31-2022 as an emergency; operative 10-31-2022
(Register 2022, No. 44). A Certificate of Compliance must be transmitted to OAL
by 5-1-2023 or emergency language will be repealed by operation of law on the
following day.
19. Amendment of section and NOTE refiled 5-1-2023 as
an emergency; operative 5-1-2023 (Register 2023, No. 18). A Certificate of
Compliance must be transmitted to OAL by 7-31-2023 or emergency language will
be repealed by operation of law on the following day.
20.
Certificate of Compliance as to 5-1-2023 order, including amendment of
subsection (b) and NOTE, transmitted to OAL 6-19-2023 and filed 7-24-2023;
amendments effective 9-1-2023 pursuant to Government Code section
11343.4(b)(3)
(Register 2023, No. 30).
Note: Authority cited: Sections
200,
205,
399,
7075
and
7078,
Fish and Game Code. Reference: Sections
200,
205,
270,
275,
7050,
7055
and
7056,
Fish and Game Code.
