California Code of Regulations
Title 14 - Natural Resources
Division 1 - Fish and Game Commission-Department of Fish and Game
Subdivision 1 - Fish, Amphibians and Reptiles
Chapter 6 - Fish, Commercial
Section 122.1 - Spiny Lobster Buoys and Trap Tags

Universal Citation: 14 CA Code of Regs 122.1

Current through Register 2024 Notice Reg. No. 38, September 20, 2024

(a) All spiny lobster traps and receivers impounding spiny lobsters shall be individually buoyed. The buoys must be on the surface of the water, except after the first Tuesday in October when buoys may be submerged by means of metallic timing devices with a timed delay (commonly called "pop-ups") that does not exceed the trap service interval requirement as specified in subsection 122.2(d) of these regulations.

(b) Any buoy that marks a spiny lobster trap shall comply with marking requirements set forth in Section 180.5 of these regulations. Any buoy that marks a receiver that contains spiny lobster shall be clearly and distinctly marked with its owner's commercial fishing license identification number. The numbers shall be at least one and one-half (1.5) inches in height, drawn with a line no less than 1/4 (0.25) inch thick, in a color that contrasts with the buoy, and maintained so that they are visible and legible.

(c) Deployed lobster traps and those possessed by a lobster operator permit holder aboard a vessel shall have a valid department-issued trap tag directly attached to the trap. If the information on the trap tag is illegible or incorrect or if the trap tag is missing from the trap for any reason, the trap shall be considered not in compliance, and shall not be used to take spiny lobster for commercial purposes.

(1) Lobster trap tags. A lobster operator permit holder shall be issued 300 trap tags for use during that season for each valid lobster operator permit in possession.

(2) Replacement procedures for catastrophic loss of trap tags.
(A) A lobster operator permit holder shall only be eligible to receive replacement trap tags for trap tags lost due to catastrophic loss.

(B) Catastrophic trap tag loss is defined as the cumulative loss of 75 or more trap tags for each valid lobster operator permit due to events beyond the lobster operator permit holder's control, such as weather, force majeure, and acts of God.

(C) The lobster operator permit holder shall submit to the department's License and Revenue Branch the Lobster Operator Permit Catastrophic Lost Trap Tag Affidavit, DFW 1701 (New 2/2016), incorporated by reference herein, signed under penalty of perjury by the lobster operator permit holder and the nonrefundable fee for each replacement tag as specified in Section 705 of these regulations.

(D) An affidavit for trap tag replacement due to catastrophic loss, with a description of the factual circumstances consistent with subsection (B) above, shall be approved by the department prior to any replacement trap tags being issued.

(E) Any trap tag reported as lost and subsequently recovered during the season is invalid and shall be immediately returned to the department's License and Revenue Branch.

1. New section filed 3-2-2017; operative 4-1-2017 pursuant to Government Code section 11343.4(b)(3) (Register 2017, No. 9).
2. Amendment of subsection (b) and NOTE filed 10-28-2019; operative 10-28-2019 pursuant to Government Code section 11343.4(b)(3) (Register 2019, No. 44).
3. Amendment of section heading, subsections (a)-(b) and (c)(2)(B)-(C) filed 7-24-2023; operative 9-1-2023 pursuant to Government Code section 11343.4(b)(3) (Register 2023, No. 30).

Note: Authority cited: Sections 7075, 7078 and 9005, Fish and Game Code. Reference: Sections 7050, 7055, 7056, 8250.5, 9002, 9005 and 9010, Fish and Game Code.

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