Current through Register 2024 Notice Reg. No. 38, September 20, 2024
(a) Commercial
Dungeness crab trap gear left in the ocean after the close of the commercial
Dungeness crab season is declared to be lost or abandoned and subject to
retrieval under the terms of this Section.
(b) Lost or Abandoned Dungeness Crab Trap
Gear Retrieval Permit Required. Pursuant to Section
9002.5
of the Fish and Game Code, the department may grant a Lost or Abandoned
Commercial Dungeness Crab Trap Gear Retrieval Permit ("Retrieval Permit") to
aid in the retrieval of lost or abandoned traps after the close of the
commercial Dungeness crab season under the requirements of the Trap Gear
Retrieval Program set forth herein. For the purposes of this Section, trap gear
is defined as the trap and any attached lines or buoys. Retrieval Permits shall
expire each year on December 31st.
(c) Retrieval Permit Application. Lost or
Abandoned Commercial Dungeness Crab Trap Gear Retrieval Permit Application (DFW
1078; New 08/14/19), incorporated herein by reference, and Lost or Abandoned
Commercial Dungeness Crab Trap Gear Retrieval Permit Amendment (DFW 1078a; New
08/14/19), a form allowing for its amendment, incorporated herein by reference,
shall be made available online at www.wildlife.ca.gov.
(1) An applicant for a Retrieval Permit shall
only be:
(A) a charitable organization as
defined by 26 U.S.C. §
501 (c)(3);
(B) a sport or commercial fisherman
association with a written charter or a governing board; or,
(C) a "Local agency" within the meaning of
Government Code Section
5001, or a
"District" within the meaning of Harbors and Navigation Code Section
6002
or
6200.
(2) At the time of filing form DFW 1078, the
applicant shall submit a nonrefundable Lost or Abandoned Commercial Dungeness
Crab Trap Gear Retrieval Permit Application Fee, as specified in Section
705.
(3) At the time of filing form DFW 1078a, the
applicant shall submit a nonrefundable Lost or Abandoned Commercial Dungeness
Crab Trap Gear Retrieval Permit Amendment Fee, as specified in Section
705.
(d) Lost or abandoned trap gear may only be
retrieved by individuals ("Designated Retrievers") using a vessel identified on
a Retrieval Permit, as modified by any subsequent Retrieval Permit Amendment of
that Retrieval Permit. A holder of a Retrieval Permit ("Retrieval Permittee")
shall ensure the following:
(1) Every
Designated Retriever under its Retrieval Permit is a commercial fishing license
holder who has not had a commercial license or permit revoked or suspended and
is not awaiting final resolution of any pending criminal, civil, and/or
administrative action that could affect the status of the commercial license or
permit.
(2) Every Designated
Retriever under its Retrieval Permit has landed or has participated in landing
in a commercial trap fishery in any of the previous three calendar
years.
(3) Every Designated
Retriever under its Retrieval Permit has access to use a commercial pump to
help dislodge traps that are silted in place.
(4) No more than 10 Designated Retrievers,
and 10 associated vessels, may operate under a given Retrieval Permit. A
Retrieval Permittee may amend its list of Designated Retrievers and its list of
vessels by submitting a Retrieval Permit Amendment to the
department.
(e) Trap Gear
Retrieval Logbooks. A Retrieval Permittee shall ensure that each Designated
Retriever complete an accurate record of the trap gear retrieval on a Trap Gear
Retrieval Logbook (DFW 1059; New 08/14/19), incorporated herein by reference,
which contains instructions regarding submission to the department. Trap Gear
Retrieval Logbooks shall be kept on the vessel while it is engaged in, or
returning from, trap gear retrieval operations.
(f) Trap Gear Retrieval Permit Operations.
A Designated Retriever may retrieve lost or abandoned trap
gear in an area starting 15 calendar days after the commercial Dungeness crab
fishing season closes in that area pursuant to Fish and Game Code Section
8276
and until September 30 of that year. A Designated Retriever may also retrieve
lost or abandoned trap gear during a period of time in which the Director
restricts the take of Dungeness crab pursuant to Fish and Game Code Section
8276.1
or implementing regulations, if the Director authorizes retrieval operations
during that time period. At no time may retrieval operations occur in an area
open to commercial Dungeness crab fishing or during a designated pre-season
gear setting period. Only trap gear with a Dungeness crab buoy tag issued by
the department pursuant to Section
8276.5
of the Fish and Game Code may be retrieved. To the extent practicable, any
lines or buoys attached to the trap shall also be retrieved.
(1) Each Designated Retriever shall keep in
his/her possession a legible copy of the Retrieval Permit he/she is operating
under that identifies the Designated Retriever and their associated vessel
while conducting retrieval operations. At least one person aboard the vessel
needs to be a Designated Retriever.
(2) Retrieved trap gear shall be stored at a
secure location until collected by the Responsible Vessel Permitholder or
disposed of by the Retrieval Permittee pursuant to subsection (h).
(3) Designated Retrievers and Retrieval
Permittees shall, to the extent possible, prevent any additional physical
damage to retrieved trap gear. Buoy tags, crab trap tags, and any other
markings may not be removed from the gear until it has been documented in the
Trap Gear Retrieval Logbook and processed pursuant to subsection (h).
(4) The department may enter and conduct
unannounced visits to inspect facilities and vessels of a Retrieval Permittee
or a Designated Retriever used as part of the trap retrieval operation. The
department may also inspect, audit, or copy at any time any permit, license,
book, or record required to be kept under these regulations.
(5) A Designated Retriever who observes lost
or abandoned commercial Dungeness crab trap gear located in an area where take
of Dungeness crab by trap is prohibited shall inform the department Law
Enforcement Division through the CalTIP Program at 1-888-334-CalTIP
(888-334-2258). A Designated Retriever may not retrieve such trap gear without
written or verbal authorization from the department Law Enforcement
Division.
(g) A Retrieval
Permit may be suspended or revoked by the department for the violation of any
provision of any California regulation, California Code, local ordinance,
federal regulation, federal code, or the terms of the Retrieval Permit by the
Retrieval Permittee or any of its Designated Retrievers. An entity whose
Retrieval Permit has been suspended or revoked must turn over all records
produced and all traps retrieved under the terms of this program pursuant to
the Department's direction.
(h) A
Dungeness crab vessel permitholder ("Responsible Vessel Permitholder") shall be
liable to pay a Retriever Trap Fee on a per trap basis for each retrieved trap
identified by a buoy tag, a buoy marked pursuant to Section
9006 of
the Fish and Game Code, or a trap tag required by Section
132.1, Title 14, CCR as associated
with his/her vessel permit.
(1) Retrieval
Permittees and Responsible Vessel Permitholders may freely negotiate the amount
of the Retriever Trap Fee.
(2) A
Retrieval Permittee shall contact the Responsible Vessel Permitholder
associated with retrieved trap gear via text, email or certified letter within
one week of the trap gear being retrieved. The text, email or certified letter
shall include contact information for the Retrieval Permittee, the number of
traps retrieved, the date the traps were retrieved, and that the traps were
retrieved under this Section. Retrieval Permittee shall maintain record of the
text or email, or a copy of the letter and the certified mail receipt for at
least one calendar year.
(3) A
Retrieval Permittee shall contact all Responsible Vessel Permitholders with
outstanding Retriever Trap Fees via certified letter postmarked no later than
October 6. The certified letter shall include contact information for the
Retrieval Permittee, all traps whose Retriever Trap Fee is outstanding, the
date the traps were retrieved, and that the traps were retrieved under this
Section. Retrieval Permittee shall maintain record of the certified letter and
the certified mail receipt for at least one calendar year.
(4) The title of retrieved trap gear shall be
transferred to the Responsible Vessel Permitholder once the Retriever Trap Fee
for that trap gear has been paid and the Responsible Vessel Permitholder takes
physical possession of the trap gear. The Retrieval Permittee shall produce two
copies of a receipt detailing the time, date, and the fee paid when the
Responsible Vessel Permittee takes possession of the trap gear; the Retrieval
Permittee and the Responsible Vessel Permittee shall each keep a copy of the
receipt for at least one calendar year.
(5) Retrieval Permittee may freely dispose of
retrieved trap gear only if the trap gear has not been picked up by the
Responsible Vessel Permitholder or the Retriever Trap Fee owed has not been
paid by the October 21 following the trap's retrieval. Retrieval Permittee must
return associated buoy tags to the Department with the logbook documenting that
trap's retrieval.
(i)
Reimbursement. The Department shall reimburse a Retrieval Permittee $125 for
each trap that has been identified on a completed and submitted Retrieval
Logbook as requiring Department Reimbursement.
(j) Notification and Deadline of Department
Trap Fee and Non-Renewal of Dungeness crab vessel permit. A Trap Gear Retrieval
Logbook shall identify the nonpayment of a Retriever Trap Fee by any
Responsible Vessel Permitholder that would require the department to pursue a
Lost or Abandoned Department Trap Fee on a per trap basis as specified in
subsection
705(c)
("Department Trap Fee").
(1) All Responsible
Vessel Permitholders shall pay the Department Trap Fee.
(2) By January 15 following the date of trap
retrieval, any outstanding Department Trap Fee is considered late for a
Responsible Vessel Permitholder and the department shall suspend the renewal
and transferability of the associated Dungeness crab vessel permit. The
suspension shall remain in effect until all outstanding Department Trap Fees
have been paid by the Responsible Vessel Permitholder, consistent with Fish and
Game Code Section
7852.2.
1. New
section filed 9-20-2019; operative 9-20-2019 pursuant to Government Code
section
11343.4(b)(3)
(Register 2019, No. 38).
2. Change without regulatory effect
amending subsection (f) filed 2-20-2020 pursuant to section
100, title 1, California Code of
Regulations (Register 2020, No. 8).
Note: Authority cited: Section
9002.5,
Fish and Game Code. Reference: Sections
7852.2,
8276,
8276.5,
9002.5
and
9006,
Fish and Game Code.
