HomeMy WebLinkAboutF&G - Dungeness Crab Commissioners STATE OF CALIFORNIA Sonke Mastrup,Executive Director
Jack Baylis,President Edmund G.Brown Jr.,Governor 1416 Ninth Street,Room 1320
Los Angeles Sacramento,CA 95814
Jim Kellogg,Vice President (916)653-4899
Discovery Bay Fish and Game Commission
Jacque Hostler-Carmesin,Member WwW.fgc.Ca,goV
McKinleyville
Eric Sklar,Member
Saint Helena 'trio
Anthony C.Williams,Member
Huntington Beach or
Wildlife Hefitage and Conseivation BOMD OF SUPERVISORS
Since 1870
A1,16 2 It 2015
CROVIU4 CALIFORNK,
August 20, 2015
TO ALL INTERESTED AND AFFECTED PARTIES:
This is to provide you with a copy of the notice of proposed regulatory action relative to
amend Sections 29.80 and 29.85, Title 14, California Code of Regulations, relating to
recreational Dungeness crab and crab trap regulations, which will be published in the
California Regulatory Notice Register on August 21, 2015.
Please note the date of the public hearing related to this matter and associated
deadlines for receipt of written comments.
Ms. Christy Juhasz, Department of Fish and Wildlife, phone 707-,576-2887, has
been designated to respond to questions on the substance of the proposed
regulations.
Sincerely,
ti
Sheri Tiemann
Associate Governmental Program Analyst
Attachment
TITLE 14. Fish and Game Commission
Notice of Proposed Changes in Regulations
NOTICE IS HEREBY GIVEN that the Fish and Game Commission (Commission), pursuant to
the authority vested by sections 200, 202, 205, 215, and 220, of the Fish and Game Code, and
to implement, interpret or make specific sections 200, 202, 205, 206, 215, and 220, of said
Code, proposes to amend subsections (c) and (e) of Section 29.80, and subsections (a)(3) and
(a)(7) of Section 29.85, Title 14, California Code of Regulations, relating to recreational
Dungeness crab and crab trap regulations.
Informative Digest/Policy Statement Overview
Under existing law, Dungeness crab may be taken for recreational purposes with a sport fishing
license subject to regulations prescribed by the Fish and Game Commission(Commission).
Current regulations specify seasons, size limits, bag and possession limits, closed fishing areas,
and gear restrictions.
Recreational fishing groups and constituents, including the Coastside Fishing Club, the Golden
Gate Fishermen's Association, and one Commercial Passenger Fishing Vessel (CPFV) Captain,
sent letters to the Department of Fish and Wildlife (Department) and the Commission requesting
several changes to Dungeness crab recreational fishery regulations. They proposed making the
current Dungeness crab daily bag limits and size limits uniform statewide at ten crab that are a
minimum of 5.75 inches carapace width, in order to eliminate the unfairness to fishers aboard
CPFVs in Sonoma, Marin, San Francisco, San Mateo, Santa Cruz, and Monterey counties, who
are only allowed to take six crab that are 6 inches or greater under current regulations. The
Department has reviewed landings data for the commercial fleet in this region for the past ten
seasons and recent recreational catch estimates. While there is no resource allocation between
sectors, the data suggest that the increase in CPFV bag limit and decrease in minimum size
limit would not significantly alter use patterns between sectors, and that maintaining different
bag and size limit for CPFVs in these counties is not warranted. Therefore the Department is
proposing that the separate CPFV regulatory language be removed.
The Coastside Fishing Club also requested that recreational crab traps be required to contain a
destruct device to prevent `ghost fishing' by lost traps, and that the trap buoys must contain the
contact information of the crab trap operator to deter theft of crabs from traps. The Department
is proposing that each crab trap possess a destruct device similar to commercial crab traps, and
that each crab trap buoy must display the trap owner's GO ID number located on his/her sport
fishing license.
Lastly, the Department proposes a seven day waiting period prior to the start of the Dungeness
crab recreational season for deploying crab traps. This would prohibit the covert targeting of
Dungeness crab under the guise of rock crab fishing before the start of the season.
In addition to these changes, the Department is proposing to add clarifying language to
subsection (e) of Section 29.80, Title 14, CCR, specifying that Point Arguello is located in Santa
Barbara County.
The following Title 14, CCR, regulation changes are proposed to become effective prior to the
start of the 2015-16 Dungeness crab season (i.e., November 7, 2015, the first Saturday in
November):
1. Remove the bag and minimum size exception language in subsections (a)(3) and (a)(7)
of Section 29.85 that limits CPFVs in Sonoma, Marin, San Francisco, San Mateo, Santa
Cruz, and Monterey counties to the take of six Dungeness crab that are 6 inches in
carapace width or greater.
2. Add Santa Barbara County as the location of Point Arguello under subsection (e) of
Section 29.80.
The following Title 14, CCR, regulation changes would specify an effective date of August 1,
2016, which immediately follows the close of the 2015-16 Dungeness crab season:
3. Add language to subsection (c) of Section 29.80 that requires, as of August 1, 2016,
crab traps to have one destruct device of a single strand of untreated cotton twine size
No. 120 or less that creates an unobstructed escape opening in the top or upper half of
the trap of at least five inches in diameter when the destruct attachment material
corrodes or fails.
4. Add language to subsection (c) of Section 29.80 that requires, as of August 1, 2016,
every crab trap to be marked with a buoy and that each buoy shall be legibly marked to
identify the operator's GO ID number as found on his/her sport fishing license.
5. Add language to subsection (c) of Section 29.80 that prohibits, as of August 1, 2016,
crab traps from being deployed in ocean waters seven days prior to the opening of the
Dungeness crab season.
Benefits of the Regulation
The Commission anticipates benefits to the State's environment and the health and welfare of
California residents. The proposed regulation changes are intended to provide increased
fishing opportunity, reduce incidences of derelict trap gear continuing to fish, deter crab theft
and promote a more orderly fishery at the start of the Dungeness crab season, and eliminate
unfairness and unnecessary complexity in the bag and size limit regulations. The Commission
anticipates benefits to the environment by the sustainable management of California's
Dungeness crab resources.
Consistency with State or Federal Regulations
The proposed regulations are neither inconsistent nor incompatible with existing state
regulations. Section 20, Article IV, of the State Constitution specifies that the Legislature may
delegate to the Commission such powers relating to the protection and propagation of fish and
game as the Legislature sees fit. The Legislature has delegated to the Commission the power
to regulate the recreational take of Dungeness crab, specifically the size and bag limits and
means of taking (FGC sections 200 and 205). The Commission has reviewed its own
regulations and finds that the proposed regulations are neither inconsistent nor incompatible
with existing state regulations. The Commission has searched the CCR and finds no other state
agency regulations pertaining to the recreational take of Dungeness crab and the use of crab
traps while recreational fishing.
NOTICE IS GIVEN that any person interested may present statements, orally or in writing,
relevant to this action at a hearing to be held at the Embassy Suites -- LAX North, 9801 Airport
Boulevard, Los Angeles, California, on October 7,.2015, at 8 a.m., or as soon thereafter as the
matter may be heard. It is requested, but not required, that written comments be submitted on
or before September 24, 2015, at the address given below, or by e-mail to FGC0_fgc.ca.go_y.
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Written comments mailed or e-mailed to the Commission office, must be received before
5:00 p.m. on October 5, 2015. All comments must be received no later than October 7, 2015, at
the hearing in Los Angeles, California. If you would like copies of any modifications to this
proposal, please include your name and mailing address.
The regulations as proposed in strikeout-underline format, as well as an initial statement of
reasons, including environmental considerations and all information upon which the proposal is
based (rulemaking file), are on file and available for public review from the agency
representative, Sonke Mastrup, Executive Director, Fish and Game Commission, 1416 Ninth
Street, Box 944209, Sacramento, California 94244-2090, phone (916) 653-4899. Please direct
requests for the above mentioned documents and inquiries concerning the regulatory process to
Sonke Mastrup or Sheri Tiemann at the preceding address or phone number. Dr. Craig
Shuman, Regional Manager of the Marine Region, Department of Fish and Wildlife,
phone (805) 568-1246, has been designated to respond to questions on the substance of
the proposed regulations. Copies of the Initial Statement of Reasons, including the regulatory
language, may be obtained from the address above. Notice of the proposed action shall be
posted on the Fish and Game Commission website at ht#p://www.fgc.ca.gov.
Availability of Modified Text
If the regulations adopted by the Commission differ from but are sufficiently related to the action
proposed, they will be available to the public for at least 15 days prior to the date of adoption.
Circumstances beyond the control of the Commission (e.g., timing of Federal regulation
adoption, timing of resource data collection, timelines do not allow, etc.) or changes made to be
responsive to public recommendation and comments during the regulatory process may
preclude full compliance with the 15-day comment period, and the Commission will exercise its
powers under Section 202 of the Fish and Game Code. Regulations adopted pursuant to this
section are not subject to the time periods for adoption, amendment or repeal of regulations
prescribed in Sections 11343.4, 11346.4 and 11346.8 of the Government Code. Any person
interested may obtain a copy of said regulations prior to the date of adoption by contacting the
agency representative named herein.
If the regulatory proposal is adopted, the final statement of reasons may be obtained from the
address above when it has been received from the agency program staff.
!Mpact of Regulatory Action/Results of the Economic Impact Analysis
The potential for significant statewide adverse economic impacts that might result from the
proposed regulatory action has been assessed, and the following initial determinations relative
to the required statutory categories have been made:
(a) Significant Statewide Adverse Economic Impact Directly Affecting Business, Including
the Ability of California Businesses to Compete with Businesses in Other States:
The proposed action will not have a significant statewide adverse economic impact
directly affecting business, including the ability of California businesses to compete with
businesses in other states. The proposed changes are necessary for the continued
preservation of the resource and therefore the prevention of adverse economic impacts.
(b) Impact on the Creation or Elimination of Jobs Within the State, the Creation of New
Businesses or the Elimination of Existing Businesses, or the Expansion of Businesses in
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California; Benefits of the Regulation to the Health and Welfare of California Residents,
Worker Safety, and the State's Environment:
The Commission does not anticipate any impacts on the creation or elimination of jobs,
the creation of new business, the elimination of existing businesses or the expansion of
businesses in California. The proposed regulation changes are intended to provide
increased fishing opportunity, reduce incidences of derelict trap gear continuing to fish,
deter crab theft and promote a more orderly fishery at the start of the Dungeness crab
season.
The Commission anticipates benefits to the health and welfare of California
residents. Providing opportunities for a Dungeness crab recreational fishery encourages
consumption of a nutritious food.
The Commission anticipates benefits to the environment by the sustainable
management of California's Dungeness crab resources.
The Commission does not anticipate any non-monetary benefits to worker safety.
(c) Cost Impacts on a Representative Private Person or Business:
The agency is not aware of any cost impacts that a representative private person or
business would necessarily incur in reasonable compliance with the proposed action.
(d) Costs or Savings to State Agencies or Costs/Savings in Federal Funding to the State:
None.
(e) Nondiscretionary Costs/Savings to Local Agencies: None.
(f) Programs Mandated on Local Agencies or School Districts: None.
(g) Costs Imposed on any Local Agency or School District that is Required to be
Reimbursed Under Part 7 (commencing with Section 17500) of Division 4, Government
Code: None.
(h) Effect on Housing Costs. None.
Effect on Small Business
It has been determined that the adoption of these regulations may affect small business. The
Commission has drafted the regulations in Plain English pursuant to Government Code sections
11342.580 and 11346.2(a)(1).
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Consideration of Alternatives
The Commission must determine that no reasonable alternative considered by the Commission,
or that has otherwise been identified and brought to the attention of the Commission, would be
more effective in carrying out the purpose for which the action is proposed, would be as
effective and less burdensome to affected private persons than the proposed action, or would
be more cost effective to affected private persons and equally effective in implementing the
statutory policy or other provision of law.
FISH AND GAME COMMISSION
Sonke Mastrup
Dated: August 11, 2015 Executive Director
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