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§ 132.1. Dungeness Crab Trap Tags, Biennial Buoy Tags, and Trap and Buoy Tag Allocations.

14 CA ADC § 132.1BARCLAYS OFFICIAL CALIFORNIA CODE OF REGULATIONS

Barclays Official California Code of Regulations Currentness
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 (Refs & Annos)
14 CCR § 132.1
§ 132.1. Dungeness Crab Trap Tags, Biennial Buoy Tags, and Trap and Buoy Tag Allocations.
(a) Dungeness Crab Trap Tags. Every Dungeness crab trap aboard a permitted Dungeness crab vessel and fished in California waters shall have a valid tag attached to the Dungeness crab trap.
(1) Dungeness crab trap tags shall be supplied by the owner of the Dungeness crab trap and shall contain the trap owner's telephone number.
(2) A Dungeness crab trap tag is required on Dungeness crab traps onboard a permitted Dungeness crab vessel.
(3) If the information on the tag is illegible or incorrect, or if the tag is missing from the Dungeness crab trap for any reason, the trap shall be considered not in compliance, and shall not be used to take Dungeness crab for commercial purposes.
(b) Dungeness Crab Biennial Buoy Tags. As required by Section 9005 of the Fish and Game Code, every Dungeness crab trap placed in waters of the state to take Dungeness crab for commercial purposes shall be marked with a buoy. Each Dungeness crab trap on board or fished from a permitted Dungeness crab vessel is required to have a biennial buoy tag affixed to the main buoy, known hereafter as buoy tag, pursuant to the provisions of Section 8276.5(a)(1)(D) of the Fish and Game Code. The buoy tag shall contain the department-assigned Dungeness crab vessel permit number and trap tier number. All of the buoy tags allocated to each Dungeness crab vessel permit as described in this Section and Section 8276.5(a)(1) of the Fish and Game Code shall be purchased by the permitholder biennially at the same time a Dungeness crab vessel permit is purchased or the permit shall be void pursuant to Section 8276.5(a)(3)(A) of the Fish and Game Code. The nonrefundable fee for each buoy tag is $5.00.
(1) Buoy tags shall not be leased and shall be transferred to another person only as part of a transaction authorized under Section 8280.3 of the Fish and Game Code.
(2) A Dungeness crab trap used in compliance with this section shall only be used for the commercial take of Dungeness crab.
(A) Any person with a valid northern or southern rock crab permit aboard a permitted Dungeness crab vessel shall not fish with rock crab traps 30 days prior to the pre-soak period prescribed in Section 8283 of the Fish and Game Code or commercial Dungeness crab season opener, whichever comes first.
(B) Notwithstanding Section 9012 of the Fish and Game Code, vessels with both a valid commercial passenger fishing vessel license and a valid Dungeness crab vessel permit may only fish for Dungeness crab during the commercial Dungeness crab season. In Districts 6 and 7, after the close of the commercial Dungeness crab season, vessels with both a valid commercial passenger fishing vessel license and a valid Dungeness crab vessel permit may fish only under the provisions of their commercial passenger fishing vessel license until the close of the recreational season.
(c) Dungeness Crab Trap Buoy Tag Allocations.
(1) Pursuant to Section 8276.5(a)(1) of the Fish and Game Code, the Dungeness crab trap limit program shall contain seven tiers of Dungeness crab trap limits based on California landings. Landings shall be documented by fish landing receipts submitted to the department in the vessel's name and identification number pursuant to Section 8046 of the Fish and Game Code under valid California Dungeness crab vessel permits between November 15, 2003, and July 15, 2008, inclusive, as follows:
(A) Tier 1 shall be the 55 California permits with the highest California landings of Dungeness crab made with trap gear, and each permitholder shall receive a maximum allocation of 500 buoy tags.
(B) Tier 2 shall be the 55 California permits with the next highest California landings of Dungeness crab made with trap gear to those in subdivision (A), and each permitholder shall receive a maximum allocation of 450 buoy tags.
(C) Tier 3 shall be the 55 California permits with the next highest California landings of Dungeness crab made with trap gear to those in subdivision (B), and each permitholder shall receive a maximum allocation of 400 buoy tags.
(D) Tier 4 shall be the 55 California permits with the next highest California landings of Dungeness crab made with trap gear to those in subdivision (C), and each permitholder shall receive a maximum allocation of 350 buoy tags.
(E) Tier 5 shall be the 55 California permits with the next highest California landings of Dungeness crab made with trap gear to those in subdivision (D), and each permitholder shall receive a maximum allocation of 300 buoy tags.
(F) Tier 6 shall be the remaining California permits with the next highest California landings of Dungeness crab made with trap gear to those in subdivision (E), which are not described in paragraph (1) or (2) of subdivision (g) of Section 8276.4 of the Fish and Game Code, and each permitholder shall receive a maximum allocation of 250 buoy tags.
(G) Tier 7 shall be the California permits described in paragraphs (1) and (2) of subdivision (g) of Section 8276.4 of the Fish and Game Code, and each permitholder shall receive a maximum allocation of 175 buoy tags. Tags in this tier shall not be transferable for the first two years of the program pursuant to Section 8276.5(a)(1)(G) of the Fish and Game Code.
(2) The original trap and buoy tag allocation and any modification to this allocation as a result of the appeal process shall remain in effect for the duration of the Dungeness crab trap limit program.
(3) A permitted Dungeness crab vessel shall not fish more Dungeness crab traps than the number of traps and buoy tags allocated to the Dungeness crab vessel permit pursuant to subdivisions (A)-(G) above and Section 8276.5(a)(1) of the Fish and Game Code.
Note: Authority cited: Section 8276.5, Fish and Game Code. Reference: Section 8276.5, Fish and Game Code.
HISTORY
1. New section filed 3-27-2013; operative 3-27-2013 pursuant to Government Code section 11343.4(b)(3) (Register 2013, No. 13).
2. Repealer of first paragraph, amendment of subsection (a) and new subsections (a)(1)-(3) filed 10-30-2018; operative 10-30-2018 pursuant to Government Code section 11343.4(b)(3) (Register 2018, No. 44).
This database is current through 11/19/21 Register 2021, No. 47
14 CCR § 132.1, 14 CA ADC § 132.1
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