Current through Register 2024 Notice Reg. No. 38, September 20, 2024
(a) Permit Required for Take Using Trap Gear.
Effective April 1, 2005, any person using traps to take,
possess aboard a vessel, use as bait, or land rock crab, as defined in Fish and
Game Code section
8275(c),
for commercial purposes shall have a valid general trap permit issued pursuant
to Fish and Game Code Section
9001
and either a northern or southern rock crab trap permit as described in this
Section that has not been suspended or revoked.
(1) Presence of Permit Holder Aboard a
Vessel. At least one rock crab trap permit holder shall be on board at all
times when taking, possessing aboard a vessel, using as bait, or landing rock
crab using trap gear. If a support vessel is used, a rock crab trap permit
holder shall be on each vessel when taking rock crab.
(A) Any person pulling or raising rock crab
traps or receivers bearing a commercial fishing license number other than
his/her own shall have in his/her possession from the permit holder assigned to
said gear written permission to pull the traps and shall possess a valid
northern rock crab trap permit or a southern rock crab trap permit depending on
which area the traps are set as defined in Sections
125(c)(1) and
(2).
(2) Crewmembers. Any licensed commercial
fisherman working on a vessel utilizing commercial rock crab trap gear shall
possess a valid general trap permit that has not been suspended or revoked.
Crewmembers are not required to hold a rock crab trap permit.
(3) Fishermen holding lobster operator or
crewmember permits issued pursuant to Fish and Game Code Section
8254
and Section
122, Title 14, CCR, taking rock
crab incidentally as authorized in Fish and Game Code Section
8250.5
during the lobster fishing season specified in Fish and Game Code Section
8251
and in lobster trap gear as defined in Fish and Game Code Section
9010,
are exempt from the rock crab trap permit requirements of this
Section.
(4) Exemption from Tidal
Invertebrate Permit. Tidal Invertebrate permits issued pursuant to Section
123, Title 14, CCR, are not
required for the commercial take of rock crab.
(5) Revocation or suspension. A northern or
southern rock crab trap permit may be revoked or suspended by the commission
upon violation of the Fish and Game Code, or violation of regulations adopted
by the Commission, by the holder thereof, his or her agent, employee, or person
acting under his or her direction and control.
(b) Permit Conditions.
(1) Commercial rock crab trap permits are
issued conditional upon all provisions of the Fish and Game Code and
regulations of the Fish and Game Commission relating to crabs and
traps.
(2) Each buoy marking any
rock crab trap shall comply with marking requirements set forth in Section
180.5 of these
regulations.
(3) Timed buoy release
mechanisms capable of submerging a buoy attached to a trap, commonly known as
"pop-ups," shall not be used on buoy lines attached to rock crab traps, and
shall not be possessed by any commercial rock crab trap permittee on any vessel
while taking or attempting to take rock crab.
(c) Permit Areas.
(1) The northern rock crab trap permit is
required only in ocean waters between 42°00' N. lat. (the Oregon/California
border) and 36°00' N. lat. (at Lopez Point, Monterey County).
(2) The southern rock crab trap permit is
required only in ocean waters south of 36°00' N. lat. (at Lopez Point,
Monterey County).
(d)
Northern Rock Crab Trap Permit Issuance.
(1)
An individual is eligible to purchase a northern rock crab trap permit if he or
she meets the following criteria:
(A) The
individual is a licensed commercial fisherman; and
(B) The individual possesses a valid general
trap permit issued pursuant to Fish and Game Code Section
9001
that has not been suspended or revoked.
(2) To apply for a permit, each year eligible
individuals shall submit to the department the application indicated in, and
fee specified in Section
705.
(e) Transferable Southern Rock Crab Trap
Permit Issuance.
(1) 30 calendar days after
the effective date of these regulations, each individual possessing a valid
southern rock crab trap permit that has not been suspended or revoked shall
have his or her permit designated by the department as a transferable southern
rock crab trap permit. The permit holder may apply to transfer that permit to
another person who possesses a valid commercial fishing license issued pursuant
to Section
7852 of
the Fish and Game Code that has not been suspended or revoked, and a valid
general trap permit issued pursuant to Section
9001 of
the Fish and Game Code that has not been suspended or revoked. Transfer
applications shall be completed by the permit holder, or the estate of a
deceased permit holder.
(2) The
application to transfer a southern rock crab trap permit shall be in the form
of a notarized letter from the existing permit holder or the permit holder's
estate that identifies the transferee, and shall include the original or a copy
of the transferable southern rock crab trap permit, a copy of the transferee's
commercial fishing license and general trap permit, and the permit transfer fee
specified in Section
705. The application shall be
submitted to the department's License and Revenue Branch, P.O. Box 944209,
Sacramento, CA 94244-2090. Subject to the limitations described in subsection
(e)(3), each eligible transferee shall be issued a southern rock crab trap
permit that is valid for the remainder of the current permit year. The
transferee may renew the southern rock crab trap permit in subsequent years
pursuant to subsection (f).
(3) Not
more than five (5) southern rock crab trap permits shall be transferred by the
department during each permit year (April 1-March 31). Applications shall be
processed in the order received in a permit year. Applications and transfer
fees received after the annual limit of five (5) permit transfers has been
reached shall be returned to the applicants. Applicants may resubmit their
application on or after the first day of the following permit year for
consideration. If on any given day the number of applications received is
greater than the number of available transfers, the department shall conduct a
manual drawing to determine which application(s) shall be processed.
(4) The transfer limit imposed by this
subsection shall not apply in the event of the death of a permit holder. The
estate of the decedent may transfer the valid permit pursuant to subsection
(e)(2) not later than two (2) years from the date of death of the permit holder
as stated on the death certificate.
(f) Southern Rock Crab Trap Permit Renewal.
(1) Southern rock crab trap permits shall be
renewed annually.
(2) An individual
is eligible to apply for renewal of a southern rock crab trap permit if he or
she meets the following criteria:
(A) The
individual is a licensed commercial fisherman;
(B) The individual possesses a valid general
trap permit issued pursuant to Fish and Game Code Section
9001
that has not been suspended or revoked; and
(C) The individual either held a valid
southern rock crab trap permit during the immediately preceding permit year, or
was issued a transferable southern rock crab trap permit pursuant to subsection
(e).
(3) To apply for a
permit, each year eligible individuals shall submit to the department the
renewal application indicated in and fee specified in Section
705.
(4) All renewal applications indicated in and
fees specified in Section
705 shall be received by the
department, or, if mailed, postmarked on or before April 30 of each year. Late
fees and late fee deadlines are specified in Fish and Game Code Section
7852.2.
(5) The eligibility requirements imposed by
this subsection shall not apply in the event of the death of a permit holder.
The estate of the decedent may renew the permit, for the purpose of maintaining
its validity, for a period of two (2) years from the date of death of the
permit holder as stated on the death certificate by contacting the department's
License and Revenue Branch, P.O. Box 944209, Sacramento, CA 94244-2090. If by
the end of the two (2) year period the permit is not transferred pursuant to
subsection (e)(2), the permit shall expire.
(g) Appeals.
(1) Southern Rock Crab Trap Renewal Appeals.
Late renewal appeal provisions are specified in Fish and Game Code Sections
7852.2
and
7858.
(h) Fees.
(1) Northern rock crab trap permit. The
department shall charge an annual fee as specified in Section
705.
(2) Southern rock crab trap permit. The
department shall charge an annual fee as specified in Section
705.
(i) Restricted Access.
A control date of January 1, 2003 is established for the
purpose of considering a future restricted access southern rock crab trap
fishery. Landings on or after this date may not apply toward a permit in a
future restricted access program for the southern rock crab trap fishery if one
is developed.
(j) Landing
Receipts.
All landing receipts for rock crab required pursuant to
Fish and Game Code Sections
8043
and
8047
shall indicate the species of rock crab as brown, red, or yellow, describing
Cancer antennarius, C. productus, or C.
anthonyi, respectively.
Note: Authority cited: Sections
1050,
8282
and
9005,
Fish and Game Code. Reference: Sections
1050,
7852.2,
7857,
7858,
8043,
8047,
8250.5,
8275,
8282,
8284,
9000,
9001,
9002,
9005,
9006
and
9011,
Fish and Game Code.
Note: Authority cited: Sections
1050,
8282
and
9005,
Fish and Game Code. Reference: Sections
1050,
7852.2,
7857,
7858,
8043,
8047,
8250.5,
8275,
8282,
8284,
9000,
9001,
9002,
9005,
9006
and
9011,
Fish and Game Code.
