§ 132.8. Risk Assessment Mitigation Program: Commercial Dungeness Crab Fishery.
14 CA ADC § 132.8Barclays Official California Code of Regulations
14 CCR § 132.8
§ 132.8. Risk Assessment Mitigation Program: Commercial Dungeness Crab Fishery.
(A) “Confirmed Entanglement with California Commercial Dungeness Crab Gear” means a marine life entanglement of an Actionable Species in California Commercial Dungeness Crab Gear reported to the department by NOAA. The reported information may include entangled species, gear marking, and a determination by NOAA regarding the severity of the entanglement and any subsequent disentanglement, if available.
(B) “Confirmed Entanglement with Unknown Fishing Gear” means a marine life entanglement of an Actionable Species in Unknown Gear reported to the department by NOAA. The reported information may include entangled species, and a determination by NOAA regarding the severity of the entanglement and any subsequent disentanglement, if available.
(E) In the event a Confirmed Entanglement involves gear from multiple fisheries, and NOAA identifies the fishing gear resulting in the initial entanglement, the entanglement will be attributed to that fishery. If the fishery resulting in the initial entanglement cannot be determined, the entanglement will be attributed equally among the fisheries.
(5) “Fishing Grounds” means the area of the Fishing Zone between shore and 100 fathoms. The 100-fathom contour is defined by approximating a particular depth contour by connecting the appropriate set of waypoints adopted in Federal regulations and published in Title 50, Code of Federal Regulations Part 660, Section 660.73 (Revised December 12, 2018), incorporated by reference herein.
(6) “Fishing Season” means any period of time in which it is lawful to deploy California Commercial Dungeness Crab gear, including presoak time periods under Fish and Game Code Section 8283, and any delays or early closures pursuant to this regulation, public health concerns under Fish and Game Code Section 5523, or quality testing under Fish and Game Code Section 8276.2.
(9) “Impact Score Calculation” means the sum of Impact Scores, which are values representing severity of injury caused by Confirmed Entanglements with California Commercial Dungeness Crab Gear or Confirmed Entanglements with Unknown Fishing Gear, as defined in subsection (a)(4) and referenced in subsection (c)(1)(A). The Impact Score is determined by evaluation of evidence available to the department and will be revised if NOAA provides a final determination of injury or mortality pursuant to NMFS Policy Directive 02-238-01 Process for Injury Determinations (Issued January 27, 2012, renewed July 2014), incorporated by reference herein.
(14) “Working Group” means the California Dungeness Crab Fishing Gear Working Group, established by the department, in partnership with the Ocean Protection Council and NOAA, on September 21, 2015, as defined by its most recent charter as it may be amended from time to time (www.opc.ca.gov/whale-entanglement-working-group/).
(2) The Director will provide a minimum of 48 hours-notice of anticipated Risk Assessment to the Working Group and to any person who is subscribed to the Whale Safe Fisheries email list serve (visit the Whale Safe Fisheries webpage to subscribe: https://wildlife.ca.gov/Conservation/Marine/Whale-Safe-Fisheries). The notification will also provide all non-confidential data under consideration by the department.
(4) While the Fleet is operating under a management action pursuant to this section, the Director will perform an additional Risk Assessment when new information becomes available. If such Risk Assessment indicates that the triggers in subsection (c) are no longer met, or a different management response is more appropriate, the Director shall lift or modify any restrictions in a manner that promotes fair and orderly fisheries as determined on a case by case basis.
1. Humpback Whales: For each Confirmed Entanglement during a single Fishing Season, the Director shall implement a Fishing Zone closure, or other management action as described in subsection (e) that the Director demonstrates protects Humpback Whales based on best available science. If an Impact Score Calculation of three (3) or more is reached, the Director will close the remainder of the Fishing Season statewide.
3. Pacific Leatherback Sea Turtles: For each Confirmed Entanglement during a single Fishing Season, the Director shall implement a Fishing Zone closure, or other management action as described in subsection (e) that the Director demonstrates protects Pacific Leatherback Sea Turtles based on best available science.
1. Humpback Whales: For any Confirmed Entanglement that causes the average total annual Impact Score Calculation during the previous two calendar years and current calendar year to exceed two (2), the Director shall consult with NOAA and the Working Group. After consultation, the Director shall implement a management action(s) described in subsection (e).
2. Blue Whales: For any Confirmed Entanglement that causes the average total annual Impact Score Calculation during the previous two calendar years and current calendar year to exceed one (1), the Director shall consult with NOAA and the Working Group. After consultation, the Director shall implement a management action(s) described in subsection (e).
3. Pacific Leatherback Sea Turtle: For any Confirmed Entanglement where the average total annual Impact Score Calculation during the previous two calendar years and current calendar year is greater than or equal to one (1), the Director shall consult with NOAA and the Working Group. After consultation, the Director shall implement a management action(s) described in subsection (e).
(2) Marine Life Concentrations: for the purposes of determining Marine Life Concentrations in this subsection (c)(2), the Director may only consider data for Actionable Species from current surveys and telemetry monitoring of Actionable Species designed, conducted, or approved by NOAA or the department as an indication of Marine Life Concentrations in Fishing Zones during the timeframes of November 1 until the Fishing Season opens statewide, and March 1 until the Fishing Season closes statewide. Surveys shall be conducted systematically across a full range of Fishing Zone depths when weather and visibility conditions enable accurate detection of Actionable Species. A survey is only current through the first Risk Assessment immediately following the survey.
a. Humpback Whales - If the number of Humpback Whales is greater than or equal to 20, or there is a running average of five (5) or more animals over a one-week period within a single Fishing Zone (excluding Zone 7), the Director shall implement a Fishing Season delay or other management action as described in subsection (e) that the Director demonstrates protects Humpback Whales based on best available science.
b. Blue Whales - If the number of Blue Whales is greater than or equal to three (3), or there is a running average of three (3) or more animals over a one-week period, within a single Fishing Zone (excluding Zone 7), the Director shall implement a Fishing Season delay or other management action as described in subsection (e) that the Director demonstrates protects Blues Whales based on best available science.
a. Humpback Whales - If the number of Humpback Whales is greater than or equal to 10, or a running average of five (5) within in a single Fishing Zone (excluding Zone 7), the Director shall implement a Fishing Zone closure or other management action as described in subsection (e) that the Director demonstrates protects Humpback Whales based on best available science.
b. Blue Whales - If the number of Blues Whales is greater than or equal to three (3), or there is a running average of three (3) or more animals over a one-week period within a single Fishing Zone (excluding Zone 7), the Director shall implement a Fishing Zone closure or other management action as described in subsection (e) that the Director demonstrates protects Blue Whales based on best available science.
c. Pacific Leatherback Sea Turtle - If the number of Pacific Leatherback Sea Turtles is greater than or equal to one (1) within any Fishing Zone, the Director shall implement a Fishing Zone closure or other management action as described in subsection (e) that protects Pacific Leatherback Sea Turtles based on best available science.
(d) Management Considerations: The Director shall base decisions made under this section on best available science. In doing so, the Director will, to the maximum extent possible, rely on scientific information relevant to a management issue, such that any conclusions drawn are reasonably supported and not speculative, and publicly available. The Director shall consider the following information to assess appropriate management action under subsection (e) if action under subsection (e) is specified by subsection (c):
(1) Fleet Advisory: If the level of risk is elevated and/or anticipated to increase but more restrictive management actions are not necessary, the Director may issue an advisory notice to the Fleet to employ voluntary efforts and/or measures to reduce the risk of entanglements (i.e., best fishing practices) and to avoid triggering additional management actions.
(2) Depth Constraint: The Director may use a depth constraint during the Fishing Season, within any or all Fishing Zone(s), where Dungeness crab may not be taken or possessed in waters within a specified depth range. “Depth” is defined by approximating a particular depth contour by connecting the appropriate set of waypoints adopted in Federal regulations and published in Title 50, Code of Federal Regulations Part 660, sections 660.71 through 660.73 (Revised December 12, 2018), incorporated by reference herein.
(3) Vertical Line/Gear Reduction: The Director may decrease the number of vertical lines or amount of gear (e.g., number or percentage of traps) an individual permit holder can use such that there will be a reduction in the total number of lines in use. The Director will determine the reduction amount based on the most recent information provided pursuant to subsection (g). Gear reduction may occur statewide, or within any or all Fishing Zone(s). Buoy tags issued pursuant to Fish and Game Code Section 8276.5 shall be reduced consistent with a Director's declaration, and all unused buoy tags shall be onboard the permitted vessel and available for inspection by the department upon request.
(3) Notice of any management actions shall be communicated, at a minimum, via the “Whale Safe Fisheries” email list-serve and the department's “Whale Safe Fisheries” webpage (https://wildlife.ca.gov/Conservation/Marine/Whale-Safe-Fisheries). The department will request the U.S. Coast Guard issue a Broadcast Notice to Mariners via VHF/Channel 16.
(1) Fishing Activity Reporting Requirement: When participating in the California commercial Dungeness crab fishery, all vessels must submit bi-weekly reports that include permit number, current Fishing Zone, depth range, and number of traps deployed at the time of reporting. Reports shall be submitted on or before the first and 16th day of each month. At the conclusion of the Fishing Season the number of lost traps shall also be reported on the final bi-weekly report that is submitted to the department. All reports shall be submitted via email or text to [email protected].
(A) When operating under a depth constraint or when using Alternative Gear pursuant to subsection (e), all vessels must have an operational electronic monitoring system affixed to their vessel and must be recording location while engaged in any fishing activity for commercial Dungeness crab. Electronic monitoring systems must be capable of tracking and recording vessel location using GPS coordinates at a frequency of no less than once a minute during fishing operations. Electronic monitoring data shall be made available to the department or authorized agent upon request for the duration of the fishing period and 60 days thereafter.
(B) By the 2023-24 Fishing Season, all vessels will be required to carry an electronic monitoring device that is capable of tracking and recording vessel location using GPS coordinates at a frequency of no less than once a minute during fishing operations when participating in the California commercial Dungeness crab fishery. Data shall be made available to the department within 72-hours of request.
(3) Alternative Gear Reporting Requirement: Any permitholder using Alternative Gear is required to submit an annual report summarizing pounds of crab harvested with Alternative Gear, amount and location of gear deployed, and amount and location of lost gear. The report shall be submitted within 30 days of the close of the Fishing Season to [email protected].
1. Detectability: detectability by the department, fishermen and public, including description how location of Alternative Gear is available visually or virtually, equipment specifications including costs, and any required specialized equipment or training to deploy, operate, or detect the gear. If “ropeless,” the gear must be used with software that enables department law enforcement and other fishing vessels within ¼ mile of the gear to identify the location of the gear at all times when it is deployed.
2. Retrievability: means of retrieval, including description of release mechanism, equipment and any specialized training needed to deploy and/or retrieve Alternative Gear, description of safeguards and procedures to minimize gear loss and ghost gear, with gear loss rates of no more than 10%. Gear must include a back-up release capability so it will surface in the event of an equipment failure and must include a gear recovery plan if the gear does not rise to the surface.
(C) Written requests for Alternative Gear authorization shall be submitted to the department at [email protected]. Written requests shall contain the following information:
(2) Deauthorization: The department may deauthorize Alternative Gear on a case-by-case basis if that equipment no longer meets the criteria listed in (h)(1)(B). If deauthorization occurs during the Fishing Season, the Fleet will be notified by the department in the manner described in (f)(3) and will have 8 days to remove Alternative Gear from Fishing Grounds or by the end of the season, whichever occurs first.
Credits
Note: Authority cited: Section 8276.1, Fish and Game Code. Reference: Sections 8276, 8276.1, 8276.5, 9002.5 and 9008, Fish and Game Code.
History
1. New section filed 10-19-2020; operative 11-1-2020 pursuant to Government Code section 11343.4(b)(3) (Register 2020, No. 43). 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-66-20.
This database is current through 5/10/24 Register 2024, No. 19.
Cal. Admin. Code tit. 14, § 132.8, 14 CA ADC § 132.8
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