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Notice of Proposed Rulemaking: Dungeness Crab Trap Surface Gear Limitations and Gear Removal Time

(Amend Sections 132.1, 132.2, 132.3; Add Section 132.6, Title 14, CCR)

November 14, 2018

Final Approval of Amendments to Sections 132.1, 132.2 and 132.3, and Addition of 132.6, Title 14, CCR, Dungeness Crab Trap Surface Gear Limitations and Gear Removal Time

The Office of Administrative Law approved the Department’s amendments and addition to restrict surface gear requirements for commercial Dungeness crab traps (OAL Notice File No. Z-2018-0918-02S) on October 30, 2018.

The surface gear regulations become effective on October 30, 2018 in accordance with Government Code Section 11343.4.

Copies of OAL’s approval and the final rulemaking files are below:


August 14, 2018

The California Department of Fish and Wildlife (Department) has proposed amendments to the addition of Section 132.6, Title 14, California Code of Regulations:

  • Subsection (a)(1), limit the addition of trailer buoys from the main buoy to “No more than two trailer buoys” regardless of depth.
  • Subsection (c), specify that the maximum length of line is to be measured “between the front end of the main buoy to the tail end of the last trailer buoy.”

During the next 15 days, any interested person, or his or her authorized representative, may submit written comments on the proposed changes to the Department. All written comments must be received by the Department via mail, or e-mail, no later than 5:00 p.m. on August 29, 2018, to the contact as follows:

California Department of Fish and Wildlife
Attn: Christy Juhasz, Environmental Scientist
5355 Skylane Blvd., Suite B
Santa Rosa, CA 95403
Email: Christy.Juhasz@wildlife.ca.gov


June 27, 2018

To all persons interested in the proposed Dungeness crab trap surface gear limiting regulation (OAL Notice File No. Z2018−0529−02: 893):

On June 15, 2018, the Department of Fish and Wildlife mailed a Notice of Proposed Rulemaking which contained errors. A new Notice has been attached, please review the amended information and visit our website, go to our Public Notices and Meetings page, click on Proposed Regulations, and click on the Dungeness rulemaking, accessing all the information concerning this proposal.

The Public Hearing will be held as originally indicated on Tuesday, July 31, 2018. Persons attending the meeting may give testimony. Although not required, written comments may be received. The hearing will be held at:

Date: July 31, 2018
Time: 9:00 a.m. to 11:30 a.m.
Location: State Office Justice Joseph A. Rattigan Building
Conference Room 410 (Fourth Floor)
50 D Street, Santa Rosa, California

The corrections to the initial notice are as follows:

The Public Comment period for submitting written comments by email or mail is extended to 5:00 p.m. August 13, 2018. All comments that have been received by the Department to date or that will be received (or postmarked) by August 13 will be considered by the Department.

If emailing your comments please send to:

Christy.Juhasz@wildlife.ca.gov.

All other relevant information in the Notice is unchanged.


June 8, 2018

The minor amendments to sections 132.1 and 132.3 are editorial and clarify a few of the current regulations while removing dates that are no longer relevant. In Section 132.2 a change in the text will allow any vessel to retrieve traps from a Dungeness crab permitted vessel to facilitate in-season removal of trap gear when the owner becomes incapacitated or is otherwise rendered unable to retrieve his/her traps. This will expand the pool of potential vessels that could help retrieve traps left out in the ocean in-season and is necessary for the fishery to improve its ability of removing traps from the ocean that pose a whale entanglement risk and navigational hazards.

The purpose of adding Section 132.6 to Title 14, is to limit the surface lines and buoys utilized by the crab fishery to retrieve their submerged crab traps. This is necessary because whale entanglement is a serious problem that can be mitigated by setting standards that limit surface gear. Fishermen have also indicated this will reduce navigational hazards by reducing the risk of entangling line in propellers, which could cause loss of power. Specifically, the addition of trailer buoys from the main buoy of a Dungeness crab trap and the length of line attached to the trailer buoy will be limited dependent on whether a trap is in shallow or deeper water. Lastly, additional language will clarify existing law that Dungeness crab trap gear must be removed from state waters at 11:59 p.m. on the last day of the season.

Public Hearing

The Department will hold a public hearing on:

Date: July 31, 2018
Time: 9:00 a.m. to 11:30 a.m.
Location: State Office Justice Joseph A. Rattigan Building
Conference Room 410 (Fourth Floor)
50 D Street, Santa Rosa, California

The Conference Room is wheelchair accessible. At the public hearing, any person may present statements or arguments orally or in writing relevant to the proposed action described in the Informative Digest. The Department requests, but does not require, that the persons who make oral comments at the hearing also submit a written copy of their testimony at the hearing.

The current rulemaking file for this proposal consists of the following documents: