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HomeMy WebLinkAboutF and G Commission Notice - CA Spiny Lobster Commissioners STATE OF CALIFORNIA Valerie Termini,Executive Director Eric Sklar,President Edmund G.Brown Jr.,Governor 9416 Ninth Street, Room 1320 Saint Helena Sacramento,CA 95814 Jacque Hastier-Carmesin,Vice PresidentUNTy (916)653-4899 McKlnleyville Fish and Game CommissionA��s° TIRA ONwww.fgc.ca,gov Anthony C.Williams,Member Huntington Beach DEC 2 A 2016 Russell Burns,Member Napa Pater Silva,Member OROVILLE.CALIFORNIh Chula Vista Wildlife Heritage and Conservation Since 1870 December 19, 2016 TO ALL AFFECTED AND INTERESTED PARTIES: This is to provide you with a notice of availability of a document added to the rulemaking file regarding the California Spiny Lobster Fishery Management Plan Implementing Regulations adopted at the Commission's June 22, 2016 meeting: • Amended Initial Statement of Reasons for Regulatory Action dated October 18, 2016: In addition to this mailing, this document is available for public inspection between the hours of 8:00 a.m. and 5:00 p.m., Monday through Friday, at 1416 Ninth Street, Room 1320, Sacramento, CA or on our website (link provided below). The Amended Initial Statement of Reasons adds statements of necessity to Section III (a) Statement of Specific Purpose of Regulation Change and Factual Basis for Determining that Regulation Change is Reasonably Necessary; other clarifying statements; and, minor editorial changes. These statements are directly related to the revised proposed regulatory language in the California Spiny Lobster Fishery. Management Plan implementing regulations. The California Spiny Lobster Fishery Management Plan, adopted by the Commission on April 13, 2016, is incorporated by reference in the amended regulatory language. Minor edits and additions or deletions for improved clarity, spelling, punctuation, etc., that do not affect content, are not shown. Additional information and all associated documents may be found on the Fish and Game Commission website at http://www.fgc.ca.gov/regulations/2016/index.aspx#29_80. Sincerely, herr tern Associate Governmental Program Analyst Attachment STATE OF CALIFORNIA FISH AND GAME COMMISSION AMENDED INITIAL STATEMENT OF REASONS FOR REGULATORY ACTION Amend Subsections (b) and (g) of Section 29.80, Amend Subsections (a) and (c) and Add Subsection (f) of Section 29.90, Amend Sections 121, 121.5, 122, and 705, Add Article 5, Sections 54.00, 54.01, 54.02, and 54.03, and Add Sections 122.1, and 122.2, Title 14, California Code of Regulations Re: California Spiny Lobster Fishery Management Plan Implementing Regulations Additions to this amended Statement of Reasons are indicated with bold, double underlined text; deletions are indicated with I. Date of Initial Statement of Reasons: February 24, 2016 1. Date of Amended Initial Statemen of Reasons: N m r 22 2016 111. Dates and Locations of Scheduled Hearings: (a) Notice Hearing: Date: February 10, 2016 Location: Sacramento (b) Discussion Hearing: Date: April 13, 2016 Location: Santa Rosa (c) Adoption Hearing: Date: June 22, 2016 Location: Bakersfield 111V. Description of Regulatory Action: (a) Statement of Specific Purpose of Regulation Change and Factual Basis for Determining that Regulation Change is Reasonably Necessary: The amended Initial Statement of ReasDns tatements of necessity cti n III a Statement of Specific Purpose of e 1 Chanc e andFactual Basis for Dgterminina that Reaulation Change is Reasonably Nec a other clarifying statements and minor editorial changes, These statements are directly ed to the revised pnopoaed re u1 text in C if rnia Spin Lobster Fishery Management Plan implemen-tingrocaulations, The California Spiny Lobster Fishery Management Plan, adopted by the-Commission on April 13, 2016, is incorporated by reference in the amended regulatory_ lanauaa_e. Minor editsnd additions or delgtigns for improved clarft, spelling, unc i n etc. that do not affect content, are_not shown. 1 Regulations are proposed to implement a Fishery Management Plan (FMP) for California spiny lobster (Panulirus interruptus) pursuant to the Marine Life Management Act (MLMA) of 1999 (Fish and Game Code (FGC) sections 7070-7088 et seq.), which includes amending existing commercial and recreational lobster regulations to improve management of the spiny lobster fisheries and support orderly fisheries. The MLMA was passed to implement the State's policy of ensuring "the conservation, sustainable use, and, where feasible, restoration of California's marine living resources for the benefit of all the citizens of the State" (FGC Section 7050(b)). The MLMA provides guidelines for the development and adoption of FMPs, including a description of the contents of FMPs (FGC sections 7075-7088 et seq.). The MLMA contemplates the management of state fishery resources through FMPs implemented by California Fish and Game Commission (Commission) regulations (FGC Section 7078). The process of developing FMPs and the implementing regulations is expected to make management objectives and marine fishery regulations more readily available and clearer to the Commission, the California Department of Fish and Wildlife (Department), and the public. The California Spiny Lobster FMP (attachment 1) is was f-A by the Commission at its April 2016 meeting. An extensive public scoping process was used by the Department to inform development of the California Spiny Lobster FMP and the proposed implementing regulations. In accordance with the MLMA (FGC Section 7076(a)), the Department sought interested individuals representing a broad range of stakeholder interests to provide advice and assistance in developing the FMP. The Lobster Advisory Committee (LAC) was formed in the spring of 2012, following a call for volunteers by the Department. The LAC provided guidance on FMP objectives as well as management recommendations addressing key issues identified during the LAC process. The LAC consisted of representatives from the marine science community, the recreational fishing sector, commercial fishing sector, the non-consumptive recreational sector, the environmental community, and the federal government. Nine LAC meetings occurred between June 2012 and September 2013 (see Section e: Public Discussions of Proposed Regulations Prior to Notice Publication). All meetings of the LAC were open to the public, and public input was encouraged. Meeting announcements were posted on the Department's California Spiny Lobster FMP website and the public was encouraged to sign up for the California Spiny Lobster FMP news email service. Meeting summaries, as well as various background documents, are also available on _. _. .._ .. .the. Department's..website.at www.wildIife.ca.gov/Conservation/Marine/Lobster- .. .............. .. FMP/Involved. Once adenfeel and implemented through the proposed regulations, the California Spiny Lobster FMP will establish a management program for the spiny lobster recreational and commercial fisheries and detail the procedures by which the Department manages and Commission regulates the spiny lobster resource. The California Spiny Lobster FMP prescribes a harvest control rule (HCR) for the spiny lobster fisheries (attachment 1; see section 4.3). The HCR serves as the foundation for managing the fisheries in the future as well as the primary mechanism to prevent, detect, and recover from 2 overfishing as required by the MLMA. The HCR is a type of adaptive management framework that identifies potential conservation problems and prescribes appropriate management response measures. The harvest control rule consists of three parts: 1) reference points, 2) a control rule matrix, and 3) conservation and management measures listed in the control rule toolbox. Reference points are the metrics used to gauge the status of the fishery. The three lobster reference points are: 1) Catch, 2) catch per unit effort (CPUE), and 3) spawning potential ratio (SPR). In addition to providing input on development of the California Spiny Lobster FMP, the LAC also formed consensus on several commercial and recreational regulatory amendments that serve to create a more orderly and safe fishery, improve management, clarify regulations, and improve enforceability of regulations. The LAC proposals were compiled into a finalized consensus recommendation on September 11, 2013. Representatives from the Department met separately with the LAC recreational and commercial representatives to clarify and define the details for describing regulation changes that would be enforceable and effective (attachment 1; see Appendix IX). The LAC proposals along with the Department's recommendations (attachment 1; see Appendix IX) were submitted to the Commission for consideration at its April 2015 meeting. At the Commission's June 2015 meeting, the Commission directed the Department to prepare this regulatory package using the Department's commercial and recreational recommendations as part of Wmil a FMP and implementing regulations. At the direction of the Commission, three LAC consensus recommendations are not included in this regulatory proposal; 1) restricting the use of mechanized pullers in the recreational fishery, 2) a phase-in approach to the commercial trap limit, and 3) clarifying the provisions for the branding of commercial floats. A description and rationale for excluding these three recommendations from this regulatory package is provided in the "Consideration of Alternatives" Section C. Upon adoption of the California Spiny Lobster FMP by the Commission, a corresponding set of implementing regulations must be adopted to enact the FMP. The California Spiny Lobster FMP implementing regulations will: 1) establish a new Article in Chapter 5.5, Subdivision 1, Division 1, Title 14, California Code of Regulations (CCR); 2) amend existing recreational lobster fishery regulations; 3) amend existing commercial lobster fishery regulations; 4) modify existing commercial lobster logbook to collect additional data needed to manage the fishery; 5) amend lobster operator permit requirements and fees; and 6) create new regulations that establish applications for transferring permits and affidavits for requesting replacement trap tags and reporting trap loss. Additionally, FGC subsection 7071(b) provides authority for the Commission to adopt regulations that implement a fishery management plan or plan amendment and make inoperative any fishery management statute that applies to that fishery. To implement 3 the conservation and management measurements identified in the FMP and the proposed trap limit, the implementing regulations of}h:.. I .... will render the following sections of FGC inoperative once the regulations are adeptadeffective: 1) FGC sections 8251, 8252, and 8258. These sections prescribe the commercial season length, size limit, and list the Districts where commercial lobster traps may be used. The FMP contemplates changes to season length, minimum size and district closures as possible future conservation and management measures. The commercial season length and size limit will be moved into Title 14, CCR, reflecting the Commission's authority to make future adjustments. 2) FGC sections 7857(e), 78570), 8102, 8103, and 8254(c). These sections state the conditions for issuing and transferring commercial permits and lobster operator permit fees. Each will be made inoperative as they apply to the spiny lobster fishery to be consistent with the commercial spiny lobster limited entry fishery permit program described in the FMP and proposed trap limit program. 3) FGC section 9004: This section requires commercial fishermen to service any deployed trap every 96 hours. The proposed trap servicing regulation in new Section 122.2 will extend the servicing requirement to every 168 hours. As such, this section will be rendered inoperative as applied to the spiny lobster fishery. The proposed regulations are drafted to serve the sustainability and social policy objectives enumerated in FGC Sections 7050, 7055, and 7056. Current Regulations Regulations used to manage spiny lobster recreational and commercial fisheries are found in multiple sections of Title 14 of the CCR. Section 29.80 provides general gear restrictions for the recreational take of crustaceans. Section 29.90 provides recreational fishery regulations specific to spiny lobster with report card requirements for the recreational fishery found in Section 29.91. Fishery management plan regulations are found in Chapter 5.5, Article 1, Section 50 et seq. Section 121 regulates the possession of spiny lobster during the closed season and Section 121.5 regulates the processing of spiny lobster. Section 122 provides regulations for the commercial fishery, including permit requirements, gear provisions, trap servicing requirements, restricted fishing areas, permit transfers, and logbook requirements. Proposed Regulatory Changes By moving,the rulemakina's effective date to,April-1-X2017 references to the 2018- 2017 reaulations are no longer applicable: for that reason_the oara_grao__h_that fellows has been deleted. FaIM limil -part season WZoilue for the 20 . Mg -2016 47 Season, 4 GFAFA pulmlich-cl far tha 204 a 47 By not 1) Recreational Regulation Adjustments Amend Subsection 29.80(b)(2), Title 14, CCR; Hoop Net Servicing Requirements. Proposed Changes Current regulation states, "Any hoop net abandoned or left unchecked for more then 2 hours shall be considered abandoned and seized by any person authorized to enforce these regulations." This regulation change would correct wording from "then" to "than". Necessity and Rationale Non-substantive change to fix a grammatical error. Add new Subsection 29.80(b)(3). Title 14, CCR; Marking Hoop Net Floats with GO ID Number. Proposed Changes Subsection 29.80(b) provides provisions relating to the recreational use of hoop nets to take crustaceans. Current regulations do not require hoop net floats to be marked. The proposed subsection would require each hoop net used south of Point Arguello to have a surface buoy legibly marked with the operator's GO ID number as stated on his or her recreational fishing license or lobster report card to provide enforcement personnel with the ability to confirm the identity of each hoop net operator. Hoop nets deployed from shore aod or manmade structures connected to the shore are not required to be marked with a surface buoy. By moving the rulemakina's effective date to April 1. 201.7_:reference to "beginning on April 1 2017"' is unnecessary and has therefore been_removed. Necessity and Rationale Currently, there is no requirement for marking hoop nets or attached floats to easily identify the individual using them; ' . The proposed regulation will allow the Department's Law Enforcement Division (LED) to easily verify the operator of each hoop net in the field imp-rovingimp-roving accountability. This regulation would require each hoop net to have a surface buoy legibly marked with the operator's GO ID 5 number. These regulations will also identify the operator if the hoop net becomes abandoned or lost and is later recovered. The proposed regulation will help LED determine whether an operator is pulling his or her own hoop nets and to identify the operator of hoop nets that are used unlawfully in restricted fishing areas (e.g., Marine Protected Areas). A similar regulation is currently in place for recreational crab traps, where buoys are to be marked with the operator's GO ID number as listed on his or her sport fishing license (Section 29.80(c)(3)). The proposed regulation will only affect hoop nets used south of Point Arguello since the Department did not have the opportunity to scope the recreational fishery using hoop nets north of Point Arguello. Amend_Subsection 29.$0(8), Title 14, CCR; Clarifying Existing Language on the Possession of a Hooked Device While Taking Spiny Lobster. Proposed Changes Subsection 29.80(g) provides provisions relating to the recreational take of crustaceans while diving and specifically states that while in pursuit of crustaceans divers may not possess any hooked device while diving or attempting to dive and that crustaceans can only be taken by hand. The proposed amendment will clarify that spearfishing gear may be possessed by divers while pursuing crustaceans so long as the gear is not used to aid in the take of lobsters; a crustacean. Necessity and Rationale Some divers carry spearfishing gear to opportunistically take fish while pursuing lobsters. This has led to different interpretations of what constitutes a "hooked device" and has resulted in.citations for spear fishermen who were in possession of spearfishing gear while pursuing lobsters by hand. This proposed regulatory change will provide clarification for both recreational divers and LED. Proposed regulatory language will make it clear that possessing spearfishing gear is allowed while taking lobsters in compliance with all applicable regulations. Amend Subsection 29.90(a), Title 14, CCR; Recreational Season Opener. Proposed Changes Currently, the regulation states that the recreational season opens at 12:01 a.m. (midnight) on the Saturday preceding the first Wednesday in October. With The proposed regulation would move the start of the.recreational season six hours later_from.the. current start.ti.me.of 1.2,01_a.m.. to ..... 6:00 a.m. By moving the rulemakin 's effective date to April 1. 2017, reference to "bectinn_ing,.wjth_the_2017-2018_I_obster_season" is unnecessary and therefore has been removed. Necessity and Rationale The current recreational season 12:01 a.m. start time has led to concerns over safety due to the numerous dive related accidents that routinely occur on opening nights. The 6 recreational lobster fishery is primarily a nighttime fishery for both divers and boat based anglers using hoop nets. The new 6:00 a.m. season start time will spread the initial recreational fishing effort across an entire day and night as opposed to bottlenecking the effort right at midnight. This should result in a safer, more orderly fishery opener for both boat-based fishermen and divers while also improving enforceability due to increased visibility during the early morning opener. Amend Subsection 29.90(c),Title 14 CCR; Measuring Spiny Lobster for Minimum Size Limit. Proposed Changes Currently, this regulation allows for spiny lobster to be brought to the surface of the water to be measured, but it prohibits any sub-legal size lobsters from being brought aboard any vessel. The proposed regulation would allow for spiny lobster caught via hoop netting to be brought out of the water for measuring only. This would allow hoop net fishermen to bring lobster onto a boat, pier, or any platform from which they are fishing to measure lobster. Any sub-legal sized lobsters will still be required to be returned immediately to the water after measuring. Recreational lobster divers will still be required to measure all lobster while in the water. Necessity and Rationale The current requirement to measure spiny lobster before they are brought on board a thowessel has been determined to be a safety issue for recreational hoop net fishermen who typically fish at night and have to lean over the side of a boat to measure spiny lobster at the surface of the water. In addition, it is not possible for someone fishing from a pier to measure lobster in the water. The proposed change will allow individuals to bring spiny lobster out of the water so they may be safely measured. Option to add new subsection 29,90(f)_marking_oIfspiny lobster_ linked to option 121.5(e) prohibiting the possession of marked spiny lobsters in markets. At its June 2016_meetina, the Commission chose--not to pursue th s_opt on so i .hss been rerngved. 7 r i f f $22.00 __..._._..._..._......_........._.._...._._..._ - - first month $20.00 .. . .... last month ;..._.... season total f $18.00- $16.00-- $14.00- $12,001 18.00$16.00$14.00$12.00 f d $10.00- $8.00-. 10.00$8.00 . _- 1.- ._....--............._.. :...... _...... ! IL, $6,00- $4.00.. 6.00$4.00 . _.. _.. ... p N (0 00 O N 'Ch tb [O , N C t0 cm O N Ct OO 00 CD CO a% 01 0, 0 a% O C3 4 O O n ri ri .¢-1 ti M -4 ,moi -4-4 -4 N N N N N N N N Fishing Season Start Year , last pflent MPI 2) California Spiny Lobster Fishery Management Plan Add Article 5.0 to Chapter 5.5 Title 14 CCR; California Spiny Lobster Fishery Management Plan Proposed Regulation This regulatory proposal will add Article 5.0 California Spiny Lobster Fishery Management Plan to Chapter 5.5, specifically sections 54.00, 54.01, 54.02, and 54.03 to Chapter 5.5 within Title 14 of the CCR. Regulations within Chapter 5.5 of Title 14 of the CCR primarily describe the overarching management strategy of the State's FMPs. FMPs generally describe the: 1) purpose and scope of each FMP, 2) relevant definitions used in each FMP, 3) process and timing of management, and 4) details regarding the management framework (e.g., harvest control rules, allocations). The new Article for the California Spiny Lobster FMP will contain four Sections: 54.00 Purpose and Scope, 54.01 Definitions, 54.02 Management Process and Timing, and 54.03 Harvest Control Rule. Add Section 54.00, et seq. This proposed series of regulations serves to implement the California Spiny Lobster FMP, as follows: Section 54.00 - Purpose and Scope. This section clarifies the purpose of this article consistent with the objectives and goals of the MLMA. It also states that this article together with other applicable state and federal laws and regulations will govern the spiny lobster fisheries. The last two sent n f subsection have been m v s they were duplicative, unnecessa a13 uncigar. Section 54.01 - Definitions. This section provides definitions that are specific to this new article. All definitions in this section are based on and are consistent with the 9 definitions found in the California Spiny Lobster FMP. The definitions are also consistent with other provisions of state and federal laws. Elements of the_C_alifornia Spiry Lobster FMP will_be applied or enforced as a result of these new reaulaiti-ons,_a d._therefore must be incorporated by reference. Section 54.02 - Management Process and Timing. This section states that the management of the spiny lobster fisheries would conform to the California Spiny Lobster FMP and applicable California law. The Department will monitor the condition of the fisheries and the spiny lobster population and provide reports and recommendations as needed. Section 54.03 - Harvest Control Rule. This section serves to outline the proposed management actions presented in the California Spiny Lobster FMP. This section also provides other management and conservation measures that may be considered by the Commission for implementation at a later date, consistent with the goals and objectives of the California Spiny Lobster FMP. The California Spiny Lobster FMP prescribes a Harvest Control Rule (HCR) as the primary management tool for the spiny fisheries. The HCR contains: 1) a set of three threshold reference points, 2) a HCR matrix, and 3) a control rule toolbox of conservation and management measures. Descriptions of the three components of the HCR are provided below. 1. Threshold reference points are the trigger points for potential management actions. The three threshold reference points in the California Spiny Lobster FMP are based on the commercial lobster season catch i.e., multi-year unnina_average of catch in weight), CPUE, and SPR. Each threshold reference point is designed to gauge a particular aspect of the commercial fishery and set at a reference level that, if crossed, would be indicative of changes within the commercial fishery or spiny lobster resource that may require management action. 2. The HCR matrix is the tool prescribed by the California Spiny Lobster FMP to guide the interpretation of the status of the spiny lobster stock at any given time based on the status of the three threshold reference points (e.g., Catch, CPUE and SPR). 3. The eight conservation and management measures within the control rule toolbox of the C.alif..o.rnia.Spiny.Lobste.r FIVI .were.developed_with..inp.ut.fromAhe.. LAC and each have been utilized to manage lobster fisheries around the world. Several tools, such as a minimum size limit, are already used in California. The eight conservation and management measures are: change the commercial trap limit, change the recreational bag limit, implement a total allowable catch (TAC), fishing district closures, change season length, change minimum size limit, impose a maximum size limit, and implement a sex-selective fishery. These tools have been analyzed by Department staff and vetted with the public and constituents during the LAC process. 10 The HCR is designed to provide spiny lobster fisheries management with a proactive and coherent framework. The status of the spiny lobster fisheries would be assessed using predetermined metrics and interpretations, and management responses will be derived from the previously vetted conservation and management measures. New subsection 54.03(c) previously made reference to a toolbox in Section 50.0 which hapt been corrected to say subsecti n 3) Proposed Commercial Amendments Amend Section 121 Title 14 CCR; Lobster Spiny. Possession during Closed Season Proposed Changes Current regulations in Section 121 provide provisions for the possession of spiny lobsters during the closed season. Current FGC Section 8251 sets the commercial fishing season for taking spiny lobster and provides provisions for baiting commercial traps in advance of the commencement of the commercial season. Section 121 will be amended by adding language currently found in FCG 8251 to new subsection 121(a), which defines the start and end of the commercial spiny lobster season as between the first Wednesday in October and the first Wednesday after March 15. Provisions of FGC 8251 on when commercial traps can be baited are added to new Section 122.2 and described in that section. Existing regulations in Section 121 relating to the possession of spiny lobster during the closed season will be lettered 121(b) and the title of Section 121 will be amended to read: Lobster, Spiny. Open Season and Possession during Closed Season. Necessity and Rationale FGC Section 7078 gives the Commission authority to adopt regulations to implement an FMP and to list FGC sections that are made inoperative as to the particular fishery covered by the FMP. One of the conservation and management options in the HCR in the California Spiny Lobster FMP is a change to the commercial fishing season. In order for the Commission to make future regulatory changes to the season length as contemplated by the California Spiny Lobster FMP, the commercial fishing season as described in FGC Section 8251 is moved into Title 14, Section 121. FGC Section 8251 will be made inoperative as listed in the California Spiny Lobster FMP and these proposed regulations adopted by the Commission according to the process described in FCG sections 7078 and 7088. Amend and add new Subsections to Section 121.5 Title 14 CCR• Lobster Spiny. Minimum Size and Verification Proposed Changes Current regulations in this section describe the conditions that spiny lobsters are to be maintained in so that the minimum size of spiny lobsters as described in FGC 8252 can be verified. Current FGC Section 8252 sets the commercial minimum size for spiny 11 lobsters at 3.25 inches in length, describes how the measurement is to be taken, requires the possession of a measuring device, and the immediate release of undersized lobsters. Section 121.5 will be renamed. "Lobster, Spiny. Minimum Size and Verification. Current subsections (a) and (b) will be re-lettered (c) and (d), .respectively, with minor, non-substantive changes to clarify the existing regulations. This includes the addition of the term "fixed caliper" to the requirement of possessing a measuring device in subsection 121.5(b) to clarify the type of measuring device that must be possessed. New language is added from FGC Section 8252 to new subsection 121.5(a) that defines the minimum size and new subsection 121.5(b) that defines how spiny lobsters are to be measured and how a trap shall be serviced prior to anv additional trap being brought aboard a vessel. Necessity and Rationale Limiting a fisherman to having a maximum of one trap that has not been serviced aboard a vessel before pulling another trap helps ensure that any_unde-miz d lobster contained in the trap are measured and returned to the water in a timely manner. Option to add Subsection 121.5(e) linked to option 29.90(f) At its June 2016 meeting. the Commission chase not tQ pursp_e this option, so it has been removed. J31 ra ASI Amend and add new Subsections to Section 122, Title 14, CCR; Lobster, Spiny. Permits to Take. To improve the organization and clarity of commercial regulations pertaining to the commercial take of spiny lobster, the proposed changes groups the subsections contained in Section 122 by similar regulation subject (Table 1) as well as amend and 12 add new regulations to provide additional information and/or clarification. Some subsections in Sections 122 that regulate the marking of traps and buoys and pulling of traps will be amended and moved to new sections 122.1 and 122.2, respectively. To reflect the proposed reorganization, Section 122 is to be renamed "Spiny Lobster Permits and Restricted Areas." Changes to Section 122 are described below. Table 1. Summary of proposed relocation of existing subsections within Section 122. CURRENT PROPOSED SUBSECTION REGULATION SUBJECT SUBSECTION NUMBER NUMBER 122(a) Classes of Lobster Permits No change 122(b) Permit Renewal No change 122(c) Permit Transfers, Procedures, and No change Timeline 122(d) Permit Renewal Move to 122(b)(2) 122(e) Permit Renewal Move to 122(b)(2) 122(f) Permit Renewal Move to 122(b)(4) 122(8) General Move to new 122(h) 122(h) General Proposed to be repealed* 122(1) Pulling Lobster Traps Move to 122.2(a) 1220) Lobster Buoys and Trap Tags Move to 122.1(a) 122(k) Lobster Buoys and Trap Tags Move to 122.1(b) Pulling another permit holders Delete and replace with 122(1) trap s newer 122.2(h)"- 122(m) 22.2(h)**122(m) Pulling Lobster Traps Move to 122.2(8) 122(n) Pulling Lobster Traps Move to 122.2(b)(4} 122(o) Restricted Fishing Areas New 122(d) 122(p) General New 122(e) 122(q) General New 122(f) 122(r) Permit Transfers, Procedures, and Move to 122(c) Timeline * Subsection 122(h)will be repealed from the regulations as certain sections of the FGC applicable to lobster will become inoperative with the adoption of the California Spiny Lobster Fishery Management Plan and the proposed regulatory package. * Section 122(1)The current requirement for servicing another fisherman's trap is proposed to be replaced by a new subsection 122.2(4)LW and a formal Department waiver process proposed under Section 122.2(4jb (2)of this regulatory package. Amend Subsection 122(a), Title 14 CCR; Classes of Lobster Permit. 13 Proposed Changes Currently, Section 122(a) describes take of spiny lobster as authorized under the three classes of spiny lobster permits in the commercial fishery: transferable lobster operator permit, non-transferable lobster operator permit, and lobster crewmember permit. The proposed amendments to paragraph (3) of Subsection 122(a) will clarify that any licensed commercial fisherman that does not possess a valid transferable or non- transferable lobster operator permit may purchase a lobster crewmember permit that will allow him or her to accompany and assist the lobster operator permit holder in the take of spiny lobster. In addition, minor modifications are proposed in paragraph (4) of Subsection 122(a) for clarity and consistency with terminology used in paragraph (1) of Subsection 122(a). Necessity and Rationale The proposed amendments are minor, non-substantive changes that would provide clarity and consistency of the existing regulations. Amend Subsection 122(b), Title 14, CCR;„Permit Renewal. Proposed Changes Currently, regulations pertaining to permit renewal are contained in various subsections under Section 122. To improve the logical organization of these regulations, amended Section 122(b) will be entitled "Permit Renewal." Current subsections 122(b) will be renumbered as paragraph (1) of subsection 122(b), and 122(d) and (e) are proposed to be consolidated into paragraph (2) of subsection 122(b). In addition, the proposed regulatory amendment will include a new provision (subsection 122(b)(3)) allowing the issuance of no more than two lobster operator permits to a licensed commercial fisherman; this new provision will bring this section into conformance with the new trap limit program (further detailed below in the new Section 122.1). Current requirements described in subsection 122(f) that outline the procedures and deadline for permit renewal will also be moved to Section 122(b) and renumbered as paragraph (4) under this subsection 122(b)(4). By mowing the rulemakina's effective date to April 1. 2017. reference to "bealinnina with the 2017-201B lobs season" is no Ionaer applicable; sub li le- sub a ti -221b).(3) has they fDre been amended. Necessity and Rationale The proposed grouping and relocation of existing subsections by regulation subject are non-substantive changes to improve organization and clarity of the regulations. The addition of subsection 122(b)(3) is necessary to create consistency between existing and new regulations for the trap limit proposed as part of this regulatory package. The ovverlae_with FGC in subsection 122(b)(4) is necessary to help clarify the process for an appeal; the "show cau " language is consistentwitb appellant bearing en o1-Mrsuasion as stated in case law. Se 14 M Dn h v. Goodeell 13 Cal.2d 741; McDonough v, Garrison, 68 Cal.App.2d 18• Hansen v. State Board of Equalization, 43 C l.A .2d 176- ,__M Die Cgifon Club v. State BoardafEaua ization._739 CaI,ADD._665;__Glick v. Scudder, 69 Cal.App.2d 717; and Martin v. Alcoholic Bev. Etc. Anneals Bd., 52 Cal.2d 259. Amend Subsection 1221c), Title 14 CCR; Permit Transfer Procedures and Timeline. Proposed Changes New subsection 122(c) is proposed, entitled "Permit Transfers, Procedures, and Timelines." Proposed changes to this subsection are summarized below. Current subsection 122(c), which requires notice of a permit transfer, will be renumbered as paragraph (1) under new subsection 122(c) with minor amendments to the regulatory text in which "Fish and Game Commission" is replaced with "commission." Current subsection 122(r)(1) will be amended and renumbered as paragraph (2) under subsection 122(c). Subsection 122(r)(1) currently allows for the transfer of a transferable lobster operator permit by a permit holder provided that an application in the form of a notarized letter is submitted to the Department and the nonrefundable transfer fee specified in Section 705 is paid. Under the proposed amendment, a permit holder will be required to submit a notarized transfer application (DFW 1702) (New 212016) with the nonrefundable transfer fee to the Department in order to transfer his or her permit to another licensed commercial fisherman. The permit holder would also be required to transfer ali trap tags in his/her possession along with the r i The transfer will be effective upon approval of the application by the Department. In addition, the proposed amendment includes a new provision subsection (122(c)(2)(A)) that, , if the lobster operator permit is transferred to a person with a valid transferable lobster operator permit and a non-transferable lobster operator permit, the non-transferable lobster operator permit becomes null and void and must be surrendered to the Department. This new requirement is consistent with the proposed provision of subsection 122(b)(3), in that a licensed commercial fisherman will not be issued more than two lobster operator permits. Proposed new regulation (3) under subsection 122(c) is a new requirement that delays the transfer of a lobster operator permit when the permit holder is facing pending violations that could affect the status of the permit; this will prevent a permit from being transferred in an effort to avoid a suspension or revocation of a permit. Current subsection 122(r)(2) will be amended and renumbered as new paragraph (4) under subsection 122(c). Currently, the estate of a transferable lobster operator permit holder may transfer that permit no later than one year from the death of the permit holder (subsection 122(x)(2)). The proposed amendment will extend the deadline for the estate to apply to transfer a transferable permit from one to two years. 15 Current subsection 122(r)(3) will be amended and renumbered as new paragraph (5) under subsection 122(c). Currently, a non-transferable permit becomes null and void upon the death of the individual to whom the permit was issued (subsection 122(r)(3)). The proposed amendment will add a requirement that requires the estate to immediately surrender the permit, including any Department issued trap tags to the Department after the death of the permit holder. Proposed new regulation (6) under subsection 122(c) adds appeal provisions for permit transfers. Under existing regulations, no appeal provisions for denial of a transfer are specified. Under this new requirement, any applicant who is denied transfer of a transferable lobster permit may appeal the denial in writing to the Commission within 60 days of the date of the Department's decision. By moving the rulemakina's effective date to April 1. 2017, references to " e„„ icinnning wi h the 2017-2018 lobster season" is no longer applicable:. su-bs-ection 122(c)(2)(A). 122(c)(4) and 122 c (5) have therefore been amended. Necessity and Rationale The proposed grouping and relocation of existing regulations by subject are non- substantive changes to improve organization and clarity. The amendments also include new permit transfer procedures and deadlines to improve the administration and management of permits within the commercial lobster fishery. The limited-entry nature of the commercial lobster fishery restricts the number of commercial participants. As such, the amendments will clarify the eligibility requirements and procedures in which the Department will authorize the transfer of a lobster operator permit to allow new permit holders to participate in the fishery. Subsection 4M122(c)12) is amended to standardize requirements for transfer of Lobster Operator Permits. The proposed regulation requires a notarized transfer application to formalize the transfer process and collect accurate information from the permit holder and the proposed permit holder in the place of a notarized letter for each transfer. This subsection also clarifies _ , „ pproves,a,transfer that if the Department a application, the lobster o era or permitI r r tin nsf will transfer Department issued trap tags to the n w ermit holder to com lets the trap er. Subsection 122(c)(2)(A) is proposed for added clarity in cases where a fisherman may be in possession of multiple lobster operator permits of different classes. When a lobster operator permit holder holds two permits, the proposed regulation clarifies that if a fisherman holds a non-transferable and a transferable lobster operator permit, the transfer of a second transferable permit to that fisherman would render the non- transferable permit null and void. This would require the permit holder to surrender the nontransferable permit and tags to the Department. This proposal is consistent with other regulations proposed as part of this regulatory package, including subsection 122(b)(3) and Section 122.1 (trap limit program). 16 In addition, to clarifying transfer procedures, the proposed amendment includes a new process (subsection 122(c)(6)) as a means for applicants to appeal the denial of a permit transfer if applicants do not agree with a decision made by the Department. Regulations for other fisheries have appeal provisions if a transfer of a permit is denied by the Department. In the case of a lobster operator permit holder's death (subsection 122(c)(4) transferable permits and subsection 122(c)(5) non-transferable permits), the amendments require the estate to temporarily relin___ami_h or surrender, respectiyeI the permit and trap tags to the Department and extends the deadline for the estate to apply for a transfer of a transferable lobster permit. This amendment is necessary •to protect the permit as an estate asset and to ensure an orderly and.-..s-uaL&nAhIe restricted access fiishentNge FGC Section 7082(wThe personal representative of the estate is charged with manegng the e$tat assets with the care of a prudent person dealing with someone-else's nrop-e this means that the representative must be cautious and may not make any spegUlative inv m CQde Section d Judicial Council Form Allowing the permit JQ beflushed by an unauthorized individual would be illeaal and make the permit subject to subsegUentsuspension or vocation. The amendment prevents a permit from being fished until a transfer applicationhas been submitted by the estate and anproved_by_hhee Department. _ Under 122fc1(4) the a Department would retain physical possession-of the per_mi# nd work with thg estate to anaUrgfees are paid so that-the permit remain valid_unfila transfer_application-is submitted. .�•- The amendment also allows more time for the estate to transfer a transferable permit after the death of the permit holder. Should probate delay an estate from_fi_lincian aapp ca ion within o years. Section 122(c)(6) allows any applicant who is denies!a transfer to appeal the denial to the Commission: in this regardteethe proposed regulations are consistent with current regulations for southern rock crab trap permits which the estate its allowed two years from the date of the permit holder's death to transfer the permit to another commercial fisherman (Title 14 Section 125(e)(4)). Add New Subsection 122(d), Title 14, CCR; Restricted Fishing Areas. Proposed Changes As discussed above, several regulations contained in Section 122 are relocated and grouped by related subject to improve clarity and enforceability. As such, subsection 122(o) describing closed areas around harbors is amended as new subsection 122(d) with amendments to the descriptions of the restricted fishing areas. Current regulations in subsection 122(o)(2)(A), subsection 122(o)(2)(B), and subsection 122(o)(2)(C) within Title 14 will be amended by replacing current descriptions of restricted commercial fishing area boundaries with latitude and longitude coordinates that can be easily referenced and plotted using GPS. Currently, restricted 17 fishing area boundaries for Newport Bay, Dana Point Harbor, and Oceanside Harbor are defined by landmarks, navigational markers, and compass headings. The proposed regulations will provide clarity and improved spatial resolution for these boundaries using latitude and longitude coordinates. Necessity and Rationale This amendment is necessary to modernize the descriptions and provide for added clarity and enforcement. Many of the spatially referenced regulations currently found in Title 14 were created prior to GPS technology being readily available to the public. This resulted in general landmark locations and compass headings being the primary tool used to define spatially referenced regulations, which can sometimes result in regulations that are unclear and open to interpretation. For regulations that define restricted fishing areas (e.g., marine protected areas), it is important to have well defined and clear boundaries that can be easily interpreted and visualized. GPS technology provides this means and updating restricted fishing areas to latitude and longitude coordinates will greatly improve the understanding of these spatially referenced regulations. In addition, the current regulations do not accurately describe the restricted fishing area boundaries for Dana Point Harbor and Oceanside Harbor due to changes in the current locations of buoys and markers referenced in the regulations (Figure 3). For Dana Point Harbor, the eastern boundary of the restricted commercial fishing area will be extended to the current location of red buoy "4" as described in the current regulations. It is important to note that new charts list this buoy as red buoy "2". For Oceanside Harbor, the southeastern boundary of the commercial fishing restricted area will be extended to adjust for an incorrect compass heading used to define the southeastern boundary line. This heading results in a boundary that does extend completely to the southern jetty as described in the current regulation. This amendment will correct these minor boundary discrepancies and provide coordinates that can aid commercial fishing and navigational activities. 18 Dana Point V27A 'N ,� s 7sr41.522'w RR M • 5 'N'� �`• 3rA1316N ^w ? isr47.44'EW 6 4r.r�3'3•J'� !T =2726TH nr41,WW 3; frf�Tf0Z6s8 .' '1 .. ^' ' M.! h •� `jai '6 8 3 T. �7 (� 6 S, 33'34 112'N 3r 2S 491 N 11rSi294'W 11r 41.721'W Y 3 33'34.365'H 33'ffi.Z54-H O j 417'52174 W 44r41SWW� Oceans_ides.12382 N s 11r21.97SW __. -. .-. •.....:..._ ! 33.12344 N 4766w 117 d•F S R N T 4 C A T'A 1J N A .2 33.12.332'N - '�11� 7.24.184VW�._..v,-w- Legend " . O Pr9poa44 bowda,y . Cwrent 6ounda�y 33.12.233*N ' 33.11.775'N� -� _. .... .. S1T 24.p47•W ^ 17,25.1STW j 4 33.11AWN - 117'24.926'W rtrdd4r.tzgor t� ° 1.-.. -.°15 FaCvary 12,WS ua" Figure 3. Proposed boundary modifications to restricted commercial fishing areas around Newport Bay, Dana Point, and Oceanside Harbor. The blue boundary lines represent the current boundaries defined by the regulations and the red boundary lines represent the proposed boundaries. 19 Amend Subsection 122(e), Title 14,CCR;„Records. Proposed Changes Currently, any person who owns and/or operates any vessel used to take lobster must complete and submit an accurate record of all lobster fishing activities on a form (Daily Lobster Log, DFG 122) provided by the Department (Subsection 122(p)). As indicated in Table 1, current 122(p) is proposed to be re-lettered 122(e) as part of the restructuring of section 122. Additionally, an update to the format of the Daily Lobster Log (DFG 122 (7196)), as referenced in the current regulation, is proposed to improve the collection of fishery-dependent data. The updated Daily Lobster Log (Rev. 03104116) is incorporated by reference into proposed subsection 122(e). Daily Lobster Log DFG 122 (7/96) differs from DFW 122 (Rev. 03104/16) as follows: 1. Form contents have been updated to replace all instances of"Department of Fish and Game" with "Department of Fish and Wildlife" so that the form reflects the Department's name change, effective January 1, 2013, pursuant to Assembly Bill 2402. 2. The "Daily Lobster Fishing Log" page has been retitled "Daily Lobster Log" and the "Notice to Individuals" section of this page has been changed to "Notice to Permittees" to be consistent with language used in the daily lobster log form and the regulations. 3. Form notices were updated to include the Regional Manager of the Marine Region as the official for maintaining the daily lobster log information and FGC Section 8022 disclosure statement. 4. The "Southern California Fisheries Chart" map elements has been updated to include scale bars, delineation of U.S. and Mexican waters, map borders with latitude and longitude marks, and acknowledgements and notes to improve the presentation of spatial information. 5. Form instructions were updated to include new Department mailing address to return completed forms, additional definitions and instructions for new fields to ensure the consistency of the information recorded, and to improve the clarity of existing instructions. 6. The updated log page will now have only two fishing activity sections per page due to changes in the page layout to accommodate new fields. The important instructions are updated to reflect the reduction in activity sections. 7. The updated log page will now require the reporting of geographic coordinates ("LATITUDE" and "LONGITUDE") for "TRAP LOCATIONS," which will replace "NEAREST LANDMARK." New fields have been added to record the numerical value for latitude and longitude in degree and decimal minutes. 8. The updated log page will also provide two additional spaces (four spaces total) to record corresponding "LANDING RECEIPT NUMBER(S)" for each fishing activity section. 20 9. A new field named V OF TRAPS CURRENTLY DEPLOYED" has been added to the log page under the "DATE TRAPS PULLED" section, which will require the reporting of number of traps currently deployed or fished. Updated instructions that explain when and how logs are to be filled out, as well as when the logs are to be turned in to the Department, will accompany the form. Necessity and Rationale Currently, the reporting of landmarks for trap locations on the existing Daily Lobster Log form is not useful for management as the name and size of area for a particular landmark can vary from fisherman to fisherman. The proposed requirement of recording the geographic coordinates for a string or group of traps would modernize the location reporting requirement, be more consistent, and improve the Department's spatial understanding of fishing practices. Better spatial information on fishing practices will also be useful for informing gear recovery programs, identifying potential conflicts within the marine environment and for informing the issue of marine mammal gear interactions. Increasing the number of spaces for fishermen to record landing receipt numbers would provide additional data to help the Department quantify the average weight of commercial lobsters landed. Average weight is a key input used to calculate the spawning potential ratio used to manage the fishery under the California Spiny Lobster FMP. Information on the number of lobsters caught and pounds landed come from two different sources. The number of legal size lobster retained by the commercial fishery is reported on the Daily Lobster Log and pounds landed reported on commercial landing receipts. Adding an additional space to record the landing receipt number associated with the catch on the Daily Lobster Log will improve correlation of these two data sources resulting in better estimates of the average weight of lobsters landed in the fishery. The requirement to report of number of traps deployed will allow the estimation of number of traps fished at any one time during the season. This information is needed to estimate the number of traps used in the fishery and inform any future changes to the trap limit as contemplated in the California Spiny Lobster FMP. Overall, the proposed changes to update the format of the Daily Lobster Log will help improve Department fishery-dependent data collection, correlation of fishing logs and landing receipts, and overall assessment of the commercial fishery. Amend Subsection 122 Title 14 CCR; Logs Submittal Requirements for an Annual Permit. Proposed Changes Current subsection 122(q), which requires a fisherman to submit hislher lobster logs in order to be eligible for a successive year annual permit is now under subsection 122(f). Necessity and Rationale This is a minor, non-substantive change in the numbering of subsections. 21 Add new Subsection 122 Title 14 CCR; Allowing More Than One O erator Permit Holder to Operate from the Same Vessel and Liabili . Proposed Changes Current regulations do not explicitly prohibit more than one fisherman with a lobster operator permit from operating out of the same vessel at the same time. This regulation is being amended to clarify the provisions surrounding this activity. It states that if multiple lobster operator permit holders operate from the same vessel during the same trip, they may share joint liability for any potential violation arising out of their fishing activities. In addition, the proposed regulation clarifies that each permittee whose traps are being pulled must be aboard the vessel. Necessity and Rationale CUrrgnt regulations allow multiple lobster er es to concurrently fish on the same vessel to maximize efficioncy, and practical space limitations u' tem to store their catch in a sin le hold. The fishermen each k of what they take, and the Lobs Aemare then distributed prior to landing, Upon landing, the catch of each perm_ittee is recorded on a landing receipt that identifivs them and their permit, alMcl with other relevant information (see,F , Section 8043]. Lobsters are g funcilible commodity; here are no individual quotas in fishe and how h ch is apportigned is not a fishery ma a en co r A pern3ft llows a andmssession of I r om r 'al p-urmses. Fishermen may take under the authority -theirivipermits and, upon Ian ' must report their catch, The fishis not submeci to any restrictions on co minalina aboardthe vessel and-in the absence of such restrictions, fishermen may combine their catch prior to landing see FGC,Section4 However, effective fishery management also requires that persons he held accoun le for the illegal take and posseggion of to t r Blobster ermit pp-e-rators and lobster permit crewme bers exercise dominion and ontr I v r the lobsters taken and so m held accountable for any llle al lobsters taken, Until distribution oc r II ermitteeconstructivepossession of h total catch and so remain- int) liable for any violations occurring during the ......Possess kw-QLthetota I catch. Without the_im i i n_ f_cgnStrUr, 'v session it would be too easy to skirt theJaw - I in wnershi of an illec .ially taken lobster. "Cons r ctive possession is deemed to exist whgm garsons-maintain control gr a right to control n raband. Possession ma be imputed when the con#raband is found in a location which is immedi�a[and exclusively acaeasible to the accused andAu-4'-q_qt to his mini n and c ntrol." (Peophe v. Showers 1 8 Cal.2d . H -thisr um tion of constructive pgaaession is supported the fa that the permittees are en a ed in a hi I re ulated activity nd are charged with knowledge of all the laws rellatin there#o 22 and that they are enaaaed in the same activity at the same time within_t_he confines of a vessel. Current regulations do not define who is liable for fishing violations in situations where multiple lobster operator permit holders are fishing jointly on one vessel. This proposed addition would provide clarification for fishermen who operate from the same vessel and help them understand their responsibilities. The proposed regulation will minimize confusion regarding liabilities for fishing violations and improve enforcement surrounding this activity. Repeal Subsection 122(h), Title 14 CCR Proposed Changes Currently, subsection 122(h) describes the responsibilities and conditions of each lobster operator permit holder their agents, servants, employees, or those acting under their direction or control to adhere to all of the provisions of the FGC and regulations of the Fish and Game Commission. This section is proposed for deletion from Section 122. Necessity and Rationale This regulation is redundant with FGC Section 12000 and unnecessary within Title 14 because as written it reiterates that all laws must be followed by permit holders and is a condition of the permits. FGC Section 12000 details that any violation of the Fish and Game Code or regulation adopted under the code, is a misdemeanor. Add new Subsection 122(h), Title 14, CCR; Permission to Carry SCUBA Gear on Commercial Vessels. Proposed Changes Currently, no SCUBA equipment or other breathing device may be used to assist in the take of spiny lobster from a commercial lobster vessel (subsection 122(g)). Commercial harvest of spiny lobster is permitted only with the use of traps (subsection 122(a)(2)). The proposed new subsection 122(h) would replace current subsection 122(g) regulation and clarify that SCUBA equipment may be used for the purpose of locating and securing traps for retrieval. This new provision also specifies that lobsters contained in traps that had been secured using SCUBA may be possessed only after those traps have been serviced aboard the fishing vessel within the trap service interval requirement. Necessity and Rationale The proposed regulation is added to provide clarification on the use of SCUBA in the commercial fishery. This provision would allow SCUBA equipment to be kept onboard a commercial fishing vessel for the purpose of locating and securing traps only, and not to be used in the take of lobsters. This regulation will help to reduce gear loss by allowing fisherman to retrieve traps that would potentially be lost. In addition, this regulation will assist permit holders to retrieve the individual trap tags that are secured to these traps. Since the new trap tag program will limit the number of traps each fisherman can fish, 23 each trap tag will represent a unit of effort that cannot be replaced and there will be a greater incentive to recover trap tags. Add new Section 122.1, Title 14, CCR; Lobster Buoys and Trap Tags. Proposed Regulation This new section will contain existing regulations on lobster buoys and a proposed new spiny lobster trap limit program. As discussed above, several existing regulations in Section 122 are proposed to be organized into new sections by similar subjects to improve clarity and enforceability. As such, current Section 122 regulations that explain buoy use (Section 1220)) and describe proper identification markings on a buoy (Section 122(k)) will be moved to this section as subsection 122.1(a) and subsection 122.2(b), respectively. Minor additional modifications were made to the existing regulatory text of these proposed new subsections for clarity and consistency. Tomei word "operator" was I!naAvQrtentLy--ornifted from a last sentence of 122.1 ffil In has been added. In 422 Subsection 122.1(c) is added to this section to detail the proposed spiny lobster trap limit prograrn� The first two sentences of the originally proposed subsection 122.1(r,) arg combinedlimin unnec-essary verbiage and to clarify that a lobst rv trap ha D n i s w_henssQ eased' on board a vessel or deployed, rather than on a dock r "n r ocatiion. In addition, by moyinathe rulemakina's effective date to April 1 2017, reference to "beginning with the 2017-2018 lobster season" is no longer applicable and has been removed. Subsection '122.1(c)(2). which required buoy taps, was not adopted by the Commission; it has been struck from the reaulatory lanauaae and the followina subsections renumbered acc_ordinaly. What were previouslysubsections 122.1 c C^and 122.1 c 3 D which are now subsections 122.1 c Cand 12 1 2 Dbeen-amended to—add clarity by addressina syntax issues. Proposed subsection 122.1(c)(2) relating to lobster buoy tags was not adopted by the Commission and has been removed from the regulatory lanauaae. Currently, there is no regulation in place that limits the number of traps each commercial lobster fisherman may fish. The proposed regulations would create a trap limit program —for the commercial spinylobster fishery. Under thisnewprogram, a.commercial.. fisherman that holds a valid lobster operator permit may fish up to 300 traps for each valid lobster operator permit in his or her possession. A commercial fisherman may hold up to two lobster operator permits allowing them to fish a maximum of 600 traps (300 for each permit). To implement this new trap limit program, each lobster trap deployed must be marked with a single Department issued trap tag and each trap buoy must be marked with a buoy tag that is supplied by the fisherman. The buoy tag must be legibly marked with the lobster operator permit number and the number that is listed on the trap tag that the buoy is marking. 24 Before the beginning of each fishing season, each lobster operator permittee will be issued 300 individually numbered trap tags for each valid lobster operator permit they possess. The FLobster operator permit holders will not receive any additional trap tags for that season unless they submit a signed "catastrophic loss" affidavit to the Department (proposed affidavit added to Section 705 of these regulations); this would allow for the in season replacement of trap tags lost due to a "catastrophic loss," which is defined as the cumulative loss by a lobster operator permit holder of 75 or more trap tags for each valid lobster operator permit due to such circumstances beyond the permit holder's control, such as weather, force majeure and acts of God. The affidavit will require the lobster operator permittee to provide details regarding the circumstances leading to the catastrophic loss event, dates the loss occurred, and the identification numbers of the lost trap tags. All affidavits need to be reviewed and approved by the Department before any replacement tags are issued. A nonrefundable fee will be charged for each replacement tag. Any trap tag reported as lost are null and void and if subsequently recovered during the season must be returned to the Department. Necessity and Rationale Establishing a trap limit for the commercial spiny lobster fishery is one of the most important components of the California Spiny Lobster FMP implementing regulations. The trap limit provisions proposed by the LAC solution with input from the Department address an ongoing problem identified by fishery participants. As demonstrated above in Figure 2, the ex-vessel price per pound of spiny lobster has risen significantly in the past years while, at the same time, the number of total trap pulls that the fleet experienced each fishing season has also increased (Figure 4). Feedback from commercial fishermen suggests that the total number of traps that each fisherman uses is increasing as well. This escalation of trap usage is likely brought on by competition for fishing grounds and the externalization that continue to incentivize individuals to increase their respective trap numbers. 1,200,000- 1,000,000- CL ,200,0001,000,000 C' 800,000 _. .. .. __ CL - 0 ca L M W 600,000- E 00,000 E 0 G 400,000- 200.000- R 00,000200.000N N N N N C's N N Season start year 25 Figure 4. Total trap pulls recorded by the commercial spiny lobster fishery from 1973-2014 commercial fishing seasons. The upward trend in the number of trap pulls in the fishery is unlikely to impact the biological sustainability of the spiny lobster stock itself due to other regulations currently in place. For example, all traps deployed by commercial fishermen are required to be outfitted with escape ports that allow small sub-legal sized individuals to escape and clips that are designed to dissolve overtime (destruction device). However, the reported rise in number of traps used in the fishery may impact other components of the ecosystem as well as increase the possibility of gear loss. More lost gear can, in turn, negatively impact the marine environment as well as the experience of those who enter that environment for recreational and other commercial purposes. The escalating number of gear can also reduce the profitability of the commercial spiny lobster fishery. MLMA fishery management objectives include observing the long-term interest of people dependent on fishing for food, livelihood, or recreation" (FGC Section 7056(i)), and allowing fishery participants to propose methods to prevent or reduce excess effort in marine fisheries" (FGC Section 7056(e)). In 2013, the Department conducted the "California Department of Fish and Wildlife Commercial Lobster Survey" which targeted all holders of transferrable and non-transferrable lobster operator permits. The survey found that a majority of the respondents were in support of a trap limit. Of the 111 holders who responded, over 76 percent responded "yes" to the question, "Do you think there needs to be a trap limit?" Of the respondents who supported the trap limit, 48 percent wanted a trap limit of 300 or less and 34 percent wanted a trap limit of 350-400 traps. Of these respondents, 52 percent also expressed support for the ability to hold two permits to fish a maximum 600 traps while 67 percent did not support more than two permits. Based on the responses to the 2013 survey, the LAC was asked to consider the development and implementation of a trap limit for the commercial sector. As a group, the LAC reached consensus on recommendations to establish a 300-trap limit for each lobster operator permit and implement the use of trap tags modelled generally after the Dungeness crab trap tag program. Under this new program, each commercial lobster fishermen will be required to properly affix a Department-issued trap tag to the lobster trap along with an identifying buoy tag, supplied by the lobster operator permit holder, affixed to the lobster trap buoy to verify the number of traps fished and aid enforcement. Trap tags also provide a method to identify and return lost traps 1p owners during the fishing season. Following the consensus recommendations from the LAC, the Department proposes regulatory amendments that will allow a licensed fisherman to possess a maximum of two lobster operator permits, and for each lobster operator permit held, the Department will issue 300 trap tags before the start of the fishing season. The possession of two lobster operator permits will allow a commercial fisherman to deploy a maximum of 600 traps. The 300-trap limit attached to each lobster operator permit applies to both transferrable and non-transferrable lobster operator permits. The establishment of a trap limit program and trap tag provisions will optimize and create a more orderly commercial fishery as well as provide improved understanding of the amount gear used in the fishery. 26 In addition, a catastrophic loss provision is proposed as part of the trap limit program, which will allow lobster operator permit holders to replace lost trap tags over a season. A catastrophic loss is defined as a loss of 75 or more traps with tags (25 percent or more loss) per permit, based on the LAC consensus recommendations. The catastrophic loss tags would be uniquely identifiable for enforcement purposes. This provision takes into consideration unusual or unforeseen circumstances that may be encountered during a season and help ensure that these circumstances do not pose an unfair hardship for fishermen to operate within their allotted number of traps. Under the proposed regulations, lobster operator permit holders will be required submitto ned Lob raor Peri Ca vi to f the Department (proposed DFW 1701 added--to Section 705-)-and pay th_e applicable fees to receive replacement trap tags. Commercial fishing is ahighly regulated activi involving the take of ublic trust resources, Effective administration, management,_and_enforcement of marine fisheries require ura a information u he resources and thQse who i in their I C a 115 makes ita crime to knowingly file forged ocu e t wi h a _government office in the state Fish and Game Code Section 1054 makes it unlawful to submit any f inacc r e or otherwise mislead na nformation on any application presented to_the_Deuartment for the purpose of obtaining ligense or permit, flow the De mquire s applicanto show proof of the statements or facts required for obtaining such license_or permit. Requiring that the signature of the applicant be made under penaltr►_o periury helps minimize the potential for fraud. Add new Section 122.2 et seg. Title 14 CCR; Pulling Lobster Traps. This new section 122.2 will specify (and therefore clarify) the pulling of traps for the take of spiny lobster. As discussed above, organizational changes affecting several Section 122 regulations are proposed to consolidate similar regulations in the same section and improve clarity and enforceability. Accordingly, the proposed changes would move current regulations that specify the time of day during which lobster traps shall not be pulled, raised, or placed in the water (subsection 122(1)), and provisions for which traps may be placed in the water before the opening of the spiny lobster season (subsection 122(n)), and disturbed or moved by Department employees (subsection 122(m)), aAW ' to this new section as subsection 122.2(a), subsection 122.2(b)+", and subsection 122.2(g) , respectively. Subsection 122(1) re ac�._rding servicing another fisherman's raps has been deleted and is replaced bv_a new 1.22.2(hl. In addition, the proposed regulatory package would make existing FGC Section 8251 inoperative and language of that FGC section specifying that lobster traps may be set and baited 24 hours in advance of the spiny lobster season opening date is moved to this section as subsection 122.2(c). The current trap servicing requirement found in FGC Section 9004 that requires traps to be serviced every 96 hours (4 days) will be made inoperative and added to new subsection 122.2 (d)(4). 27 422 Wel whi�_I_ extending the trap service requirement from 4 to 7 days. By moving the rul making'fi effective date to April t 2017, h -2017 reaulations are no longer applicable and have been removed, Minor additional modifications were made to the existing regulatory text of the proposed new subsections for clarity and consistency. For example, proposed subsection 122.2(g) will replace the wording of"shall" to "may" when referring to Department staff inspecting commercial fishing traps while on official duty. New regulatory proposals in this section are discussed further in the subsection summary below. Add new Subsection 122.2(b)M, Title 14, CCR; Grace Period for Degloving and Retrieving Traps during the Closed Season. Proposed Regulation The proposed regulation would provide a three-day extension to the current grace period for which fishermen have to deploy traps before the start of the commercial season and to retrieve traps after the commercial season ends. Under current regulations, legally marked lobster traps may be placed in the water not more than six days before the opening of the season and may remain in the water for not more than six days after the close of the season, provided that the traps are unbaited with doors wired open (subsection 122(n)). The proposed new subsection would allow fishermen to deploy their traps into the water nine days before the start of the season and nine days after the end of the season to retrieve traps and transport them back to shore. With the exception for the allowance of baiting traps 24 hours in advance of the start of the commercial season, any trap that is deployed before the season starts or is left in the water after the end of the season will still be required to be left unbaited and wired open. By moving the r I in 's effectiv ate to April 1 2017 the 2096-2017 reaulations are no longer a li Isubsection 122.2(b)(1) is therefore del ted and what was_pre& sl�r_122.2(b)(2) has become 122.2[b), Necessity and Rationale The extended grace period will provide additional time for fishermen to transport their traps to their desired fishing locations. It was discussed during the LAC process that the.current six-day allowance..posed.a safety.iss.ue,..sin.ce.fisherman_are currently overloading their boats with traps during the pre-season deployment period. Another benefit to the fishery is that this extended time would allow fishermen extra time to transport their own traps to fishing location, since currently some fishermen pay others to transport their traps. Similarly, the grace period after a season's close only requires fishermen to clean out the bait jars from their deployed traps, and the physical traps can be retrieved and transported safely over a course of nine days. The proposed regulation would give fishermen three extra days to further buffer these margins of safety. The new regulation will retain the requirement of keeping the traps unbaited and 28 wired open during the grace periods. This requirement will continue to minimize the risk of unwanted bycatch and ghost fishing Add new Subsections 122.2(d)(1) and 122.2(d)(2), Title 14 CCR; Trap Service Requirement. Proposed Regulation Currently Fegulatie FGC Section 9004 requires that fishermen raise, clean, service, and empty their lobster traps at time intervals not to exceed 96 hours (four days) and also provides fishermen with an exemption if weather conditions do not allow the fishermen to service their traps. The proposed regulations would make current FGC Section 9004 inoperative as it relates to lobster and add the iles subsection 122.2(d)M will extend the maximum allowable trap servicing requirement to 168 hours (7 days). No weather exemptions are provided in the proposed subsection 122.2(d)(2), which is consistent with federal regulations governing servicing of fixed gear (50 CFR Section 660.230(b)(3)). By mQving the rulemaking's effective date to April 1. 2017 the 2016-2017 reaulatigns areno longer a lic Ipreviously s ion 122. 1 has been deleted and what was previously 122.2(d)(2) has become 122.2(d). Necessity and Rationale The proposed regulation would extend the allowable trap servicing requirement to seven days. The proposed longer servicing requirement originated from the LAC process to provide fishermen with more discretion to selectively service their traps based on prevailing weather conditions and economic incentives. In addition, the current four-day service requirement does not supply some fishermen with enough time to service all of their traps. The seven-day servicing requirement is also in line with the federal regulation controlling the maximum servicing requirement for fixed gears in federal water (50 CFR Section 660.230(b)(3)), which does not provide specific or general weather exemptions. There uirement for fishermen to clean, se�•vice and empty their traps-Lis described below. Cleaned When lobster traps are nulled from the seafloor, they are often covered with seaweed orother debris: this material rguld potentially defeat important destruction devices/panels and escape ports. Cleaning the trap of accumulated material helps for these measures to function properly-every time it is pulled within the required timeframe. Service Lobster traps also_,_,have a lot of mechanisms (cons ructio=J that allow them to work properly. A trap that t has been damaged or corroded_could potentially cause escape measures to not work properly. or there could be damage to o the lin 29 that could lead to the trap breaking off and becomina lost. The requirement to service the trap ensures that the trap is returned to the water in a condition where escapethe measures and security of the trapr it i idled wi hip the required tirng framp, consistentwith Fish and Garne Code sectIDM 9.003_and_9010. The requirment to m I b ris tg ensurethat IIlobsters n other animals are removed from the trap (to avoid leaving undersized_or_female lobsters in the trap to attract other lobsters and to minimize bycatch mortality/. Add New Subsection 122.2 a), Title 14 CCR; Abandoned Traps. Proposed Regulation The proposed regulation specifies that it is unlawful to abandon lobster traps in the waters of the state. A trap will be considered abandoned if it is not retrieved 14 days after the close of the commercial spiny lobster season. Pr vi last sentence of this subsection identified the time period after the end of a season when a lobster operator permit holder or a Department designee could pull and transport an unlimited number of abandoned traps of another lobster operator permit holder. This language more appropriately belongs under the exceptions provided in 'r n 122.2(i) that is now proposed to becgnie subsection 122.2(h1. Necessity and Rationale Current regulations do not define when a trap is considered abandoned. The proposed regulation will provide clarification for identifying abandoned traps in state waters. T=he Add New Subsection 122.2ffl, Title 14, CCR; Trap Loss Affidavit. .__Proposed.Reg.ulati.on.__....._.........................__..,.____.................... , , . ......... ........._.... 9047 20426 ERY IGhStQF SeaSen,13 The proposed subsection would require each fisherman who holds a lobster operator permit to submit to the Department by April 15 an end of the season trap loss affidavit (QFW 1020.-New 2/18120161 for each permit he/she holds at the end of each season. The provision provides that if a permit is transferred during the season, only the fisherman who is in possession of that lobster operator permit at the end of the season is required to submit the form, and that all trap tags shall be retained by each lobster operator permit holder until the beginning of the next lobster season. 30 By moving the rulemakina's efFective date to April 1. 2017, reference to "°beninnina with the 2017-2018 lobster season" is no longer applicable. Necessity and Rationale The proposed regulation is part of the proposed trap tag program for the commercial spiny lobster fishery The proposed regulation will provide needed essential fisheries information (FGC Section 0493) to estimate trap loss in the fishery to inform future management decisions and help fishermen account for the number of Department trap tags issued and lost during a season. The proposed change will also aid lost gear recovery programs by providing information on gear loss. Add New Subsection 122.2(a), Title 14 CCR; Department Inspection of Traps for Compliance. Proposed_R_eaul, ion Under current reaulations (subsection 122(m)), the_D Department has authority to inspect lobster traps for_comnliance. Current subsectian_122(m) is now proposed as subsection 1 2.2 with a modificationoriginal r ula fr Department employees "—shall inspect any lobster trap..." to "...mai insaect ani lobster_trap." Necessity and Rationale In the authority given to the Department to inspect lobster-traps for compliance, the word "shall" was changed to "rnay!L in an effort to give the Depadmen discretion in determining if a lobster trapshould be inspected for comt�Liace the word___`_`_shali" was not changed to " the Department—would no h v discretion and would have to pull every lobster trap-enc ountered on the water_ this is not reasonable and would curtail general_patrol efforts leaving patrol vessels unable conduct effective and efficient ptr Add N w 5Mbsection 1 2.2 h Title 14 CCR; Allowing theRetrieval o L Damaged, or Abandoned Trans. _Proposed Regulation oving the rulemakina's effective date to April 1, 2017, the 2D1fi-2_0 7 egulations are no longer applicable and previously proposed subsection 122.2 h has been removed. Add New Subsection 122.2 Title 14 CCR; Allowing the Retrieval of Lost, Damaged,_or Abandoned Traps. Proposed Regulation Under current regulations, fishermen are prohibited from possessing and retrieving lobster traps other than their own unless they have written permission from the to ster peQpermit holder. This regulatory proposal would allow a lobster operator permit 31 holder to retrieve lost, damaged, of=abandoned, or otherwise derelict lobster traps of another lobster permit holder without written permission or a waiver (new subsection 122.2(h)(1)). The regulatory language is mirrored after existing language for the Dungeness crab fishery. Fishermen are limited to retrieving up to six derelict lobster traps per trip during th-e-spiny lobster season unless a wavier is granted by the Department (as described in new subsection 4-32-_' 122.2(h)(2) below). The time, location, number of traps retrieved, and the trap tag information must be recorded in the retrieving vessel's log. Any lobster caught in the retrieved traps cannot be retained and must be returned to the ocean immediately. By moving ther I m in 's effective date Aril 1 2017 reference to "beninnina with the 2017-201$ lobster season" is no longer applicable and has been removed. Necessity and Rationale The proposed provisions accommodate instances when it is necessary to retrieve lost} damaged, abandoned, Qr ptherwii-s-e-derelict traps during the season to help reduce potential impact of fishing gear on living marine resources and underwater habitat. The proposed regulations will also help the Department collect data on trap loss to support fisheries conservation and management. As a result of clean up to the la u in new subsection 12additional proposed revisions joAhiijo subsection maintain a parallel structure between the two subsections _ T Add New Subsection X122.2 h 2 , Title 14, CCR;Waiver Allowing One Commercial Fisherman to Service the Trap of Another. Proposed Regulation Under the current regulation, a fisherman with a valid lobster operator permit may pull and service the traps of a non-present fisherman, provided that the fisherman pulling the trap (i.e., retriever) possesses written permission from the trap owner explicitly allowing the retriever to pull the trap. This written permission or "note" process provides fishermen with a mechanism to satisfy the existing trap servicing limit, comply with season length limit, or prevent gear loss in the event of unforeseen circumstances (e.g., illness or engine breakdown). The proposed regulation will formalize the current "note" process under this subsection by requiring fishermen to submit a waiver request to the Department. The fisherman applying for a waiver must describe the circumstances behind why having another lobster operator permit holder servicing his/her trap is necessary to prevent undue hardship. The waiver is ngt_intended to lend or transfer the rights orprivileges a los r r rmit to another fisherman, but to merely rT vi m anism to prevent undue complications in complying with the fishing reaulations for circumstances beyond the control of the permit holder, such as vessel incapacitation. The D artment may-also disallowmay-al retrievers to retain an 32 lenal size lobster captured during the process of servicing or r trievi r based on the circumstances of the waiver-request Under proposed subsection- 122.2 h 2 F I al-size lobster caught in the retrieved traps may be retained by the fisherman retrieving the trap, unless otherwise specified as a condition of the waiver. The Department may-also attach other specific conditions to the waiver as is appropriate given the specific circumstances{proposed subsection_122.2 h.l(2][Cll. For instance, once a retriever services a trap, he or she may potentially be required to transport the trap back to shore or redeploy the trap unbaited and wired open. In either case, liability for any violation related to improperly redeployed traps will transfer to the fisherman that has the permission to pull the traps. Necessity and Rationale This provision is necessary to provide fishermen flexibility to respond to unforeseen circumstances to prevent undue hardship and comply with fishing regulations. The proposed regulation will provide clear rules and procedures for requesting a waiver to minimize public confusion and improve regulatory enforcement. Add New Subsection 122.2(h)(3), Title 14, CCR; AllQwina_ ht a Retrieval f Abandoned Traps after the-Lobster Season Ends Proposed Regulatig-n- Under current regulations, fishermen-are prohibited from possessing"d retrievina lobster traps other than their own unless they have written permission from the r holder. Under- d subsection 122.2(e) f ' r ula proposal, spiny i bste a not re ved 14 da rhe close---of-the commercial lobster season will bg considered b n on . h' regulation specifies that from 15 days after the close of the season through September n unlimited number of lobster traps a be retrieved lobster opa for permit holds or a Department designee and transported to shore. Necessity and Rationale IIhil.regulation accommodates instances when it is necessary_ to_retrigv_e ab traps after the close of the spinylobster n to helpr a th potential impact of fishing gear on living roaring resources and underwater habitat. hepropose-d-regulations may also hel i f rm future abandoned and lor,t gear recovery programs Amend Section 705, Title 14, CCR; Commercial Fishinq Applications, Permits, Tags and Fees Proposed Changes 33 By moving the rulemaking's effective date to April 1. 2017, references to the 2016- 2017 regulations�_re na longer applicable: reference to the 2016-20_17 regulations and "begin -with the 2017-2 ter season" have be n removed. This regulatory proposal will add multiple subsections to Section 705 of Title 14 related to commercial lobster operator permits and the new trap tag program. Fees related to "Lobster Operator Permit and Trap Tags" will be added to subsection 705(a)(8) T *^ In-^^m^ ^00^N.1^ C^-th- ' . Currently, the fee for a lobster operator permit is established in FGC Section 8254(c). Section 8254(c) will become inoperative as part of the California Spiny Lobster FMP implementing regulations and permit fees moved into Title 14. Moving the lobster operator permit fee to Section 705 is necessary to incorporate the cost of 300 annual trap tags to the annual permit fee as part of the proposed trap limit . A fee will also be established for each replacement tag requested when a permit holder suffers a catastrophic loss of at least 75 tags during a season. The proposed regulations explicitly describe the trap limit and issuance procedures for permit holders to acquire trap tags, the costs of which are added to the existing lobster operator permit fee, and replacement tags from the Department. The proposed fees for the lobster operator permits and replacement trap tags due to catastrophic loss were set based on a fiscal analyses completed by the Department to recover costs incurred by the Department pursuant to FGC Section 1050 (attachment 2). The proposed regulations require that all lobster traps are properly tagged during the season to ensure that lobster operator permit holders are operating within the proposed trap limit of 300 traps. Other changes include a new Lobster Operator Permit Transfer Application (DFW 1702), Lobster Operator_Permit Catastrophic Lost Trap Tag Affidavit (DFW 17011. and End of Semn Spiny obster Trap Loss Reporting Affidavit DFW 1020 Each of the threp-krms will need to be reviewed and apprQved b D reguire a sionature "under I of r' e ' f ation submitted is accurate: DFW 1702 must also b-e notarized. Commercial fishin i i t regulated c ' i involving e take of PILblic trust Eff . . iv ... mini . . . _maria emen#-_an _.enfor. em n .-of.m _._.... fisheriea mquire accurate information about ther r se wh a ii ate in their a Penal Co action '115 makes it a crime to knowin I file for ed nt with a v rnment office in the state. Fish and G m Code Section 1054 makes it unlawful to submit any false, inaccurate, or otherwise mil din inf rmation on any application or other document r nted to the department for the purpose of obtaining a license, pgrm% tag—or other entitlements and allows theDe rtm n r uir s h li ants t how roof of the statements r facts reami—red for obtainina such license or permit. California Code of Civil Prgcedure Section 2015.5 provides that such statements 34 or facts may be supported by an unsworn declaration in writing of such an applicant which recites that it is certified or declared to be true under penalty of MrjM, By reguirincl SUrh cgrtificatign onits form D ent ifi he applicants of his/her legal duty while establishing his/her knowledge of such uty. Requiring that the signature of the applicant be notarized on DFW 1702 helps minimize the potential for fraud. OPGRAOF nh just Lobster QperatQr Permit Transfer Application DFW 1702 (New 2Z20f 6 This form is proposed under subsection_ 122(c)(2) and would be added to subsection 705(b)(1}. Necessity and Rationale Under existing regulations, permit holders mi notarized leer when a permit i 'n -transferred tQ another liggnsed commercial fisherman. -The a lication replaces the notarized letter-cu rrently required in_reaulation. The applicati_o_n ensures that the permit holder or the estate accurately provides the information required in regulation for the Department to review and process the transfer. The application is also required to be notarized. It is easier and more efficient for the permit holder and the Department when an application is used sg thatthe ermit o holder r estate have to. draftletter fQ theDepartmant when transferring a permit. Lobster_Operator Permit Catastrophic Lost Tran Tag Affidavit(DFW 1709) (New This form is proposed for subsection 705(c)(3) and its associated trap tag replacement fees are proposed for subsection 705(c)(6). Reaulations for subrtting catastrophic trap tag loss claims are described in proposed new i n 122 1 c 2 . To request replacement trap taus, the lobster operator permit holder must complet_e_DFW 1701, whi-ch includes: • A description of the events that resulted in the destruction or loss of_tran tags and any other information that will help the Department assess the _Circumstances of the loss. 35 • Documentation of an"r p-Qrts filed reporting loss or destruCtionf trap • Date the trap tags werefirst n w Lost or degir • Last known location (latitude and Iona itude"coordinates) of trapsltags. • Date the trapi-w-emserviced if trap taus were • A description of weather r other suspected caused Qf I= 119iRP.P. • Number of trap tags that were„IQst. Necessity and Rationale DFW_-_1 Z0.1 is needed to provide the Department with a mechanism to document and assess claims of catastrophic trap tag loss as stipulated in proposed subsection . The Deparlm-ent� 'II Qnly ii r ement to sfor the num_ber.of trap tags reported as lost on the affidavit. All trap to s Iden 'fled on h ffd v' lnull n void, and remain so even if they are recovered at a later date, to ensure enforceability of the proposed 300 trap limit for each lobster operator permit. End of Season Spiny Lobster Trap Loss Reporting Affidavit(DFW 9020) thew 0211846) This form ispr osed f s b ion 705[c)[7) as described in pr_omsed subsection 122.2Lffl The_uroposed amendment would require that each lobater ePer-ator permit_holder complete and submit DFW 1020 at the end of the fishing by April 15) for each lobster operator permit that he or she possesses W identify the number of traps lost during he fust concluded lobster season, Ihe affidavit must also describe the circumstances surrounding the loss of traps and. if possible, e date and knowyn location f those tra s. Fishermen are also required to indicate the trap tag numbers fore _ch reported lost trap, including these lost traps marked with replacement tags_acauir_ed ------------------- rouah_a_catastrophic loss claim. Necessity and Rationale requirementThe for commercial fishermen o f agason r loss information (proposed DFW 1020) is necessary to estimate the numher of traces to"-"t du"rinc�aseason �erifv the loss of"Dena�tmenf iss"ped tads and""nrovidethe Department with needed essential fisheries information (Fish and Game Code Section 93) to help inform future management decisions. The additional spatial information r loss will also be u # r inr re ov r programs, identifying potential conflicts within the marine environment._andthe issue of marine mamm 1 gjear interactions. The Legislature finds and declares that the critical need to conserve, utilize, and manage the State's marine fish resources and to meet the policies and other 36 requirements stated in this part require that the State's fisheries be managed by means of fishery management plans. (b) Authority and Reference Sections from Fish and Game Code for Regulation: Regulation: Authority: Sections 200, 202, 205, 215, 219, 220, 713, 1050, 2365, 7071, 7072, 7075, 7078, 7082, 8254, and 8259, Fish and Game Code. Reference: Sections 200, 202, 205, 207, 215, 220, 1050, 2365, 7050, 7055, 7056, 7071, 7075, 7078, 7852.2, 8043, 8046, 8250, 8250.5, 8254, 9002, 9002.5, 9005, 9006, and 9010 Fish and Game Code. (c) Specific Technology or Equipment Required by Regulatory Change: None (d) Identification of Reports or Documents Supporting Regulation Change: Attachment 1: CDFW 2016. California Spiny Lobster Fishery Management Plan (Jan, 2016). California Department of Fish and Wildlife, Sacramento, California. https://www.wildlife.ca.gov/Conservation/Marine/Lobster-FMP Attachment 2: Estimated CDFW cost and fees for procurement and administering lobster trap tags per permit license year and fee for replacement trap tags. (e) Public Discussions of Proposed Regulations Prior to Notice Publication: Lobster Advisory Committee The California Department of Fish and Wildlife (Department) conducted an extensive public scoping process to inform the development of the California Spiny Lobster FMP and the proposed implementation regulations. The Lobster Advisory Committee (LAC) was formed in the spring of 2012, following a call for volunteers to various public stakeholder groups by the Department. The purpose of the LAC is to involve constituent representatives with the development of the California Spiny Lobster FMP. The LAC provided guidance on California Spiny Lobster FMP objectives as well as management recommendations that addressed key issues put forth by members of the public. The LAC consisted of representatives from the marine science community, the recreational fishing sector, commercial fishing sector, the non-consumptive recreational sector, the environmental community, and the federal government. Nine LAC meetings occurred between June 2012 and September 2013; all meetings were open to the public, and public input was encouraged. The LAC meeting summaries as well as various background documents are available on the Department website at https://www.wildlife.ca.gov/Conservation/Marine/Lobster-FMP/Co_mmittee. LAC public meetings 2012-2013 1. June 20, 2012, Department Office, Los Alamitos, CA 37 2. August 1, 2012, Department Office, Los Alamitos, CA 3. September 5, 2012, Department Office, Los Alamitos, CA 4. December 5, 2012, Department Office, Los Alamitos, CA 5. April 10, 2013, Department Office, Los Alamitos, CA 6. June 12, 2013, Department Office, Los Alamitos, CA 7. July 10, 2013, Department Office, Los Alamitos, CA 8. August 15, 2013, Department Office, Los Alamitos, CA 9. September 11, 2013, Department Office, Los Alamitos, CA Fish and Game Commission meetings The Department provided updates on the California Spiny Lobster FMP process and details of the management framework (harvest control rules) at Commission meetings and at Fish and Game Commission Marine Resources Committee (MRC) meetings from 2014- 2015. All meetings were open to the public and provided opportunities for public comments. The Department and LAC regulatory recommendations were previously transmitted to the MRC at its March 2015 meeting and to the Commission for consideration at its April and June 2015 meetings. At the June 2015 meeting, the Commission directed the Department to prepare this regulatory package. The California Spiny Lobster FMP was delivered to the Commission for its consideration at its December 2015 meeting, the discussion hearing was held at the February 2016 meeting and adoption is as at the Commission's April 2016 meeting. The California Spiny Lobster FMP and proposed recreational and commercial regulations were discussed at the following MRC and Commission meetings (2013-2016) 1. December 11, 2013 Commission meeting 2. March 24, 2014 MRC meeting 3. August 5, 2014: MRC meeting. 4. November 5, 2014 MRC meeting 5. March 4, 2015 MRC meeting 6. April 8, 2015 Commission meeting 7. June 10, 2015 Commission meeting --... . _ g.._December-9,-.2015-Commission meetin 9. February 10, 2016 Commission meeting IV. Description of Reasonable Alternatives to Regulatory Action: (a) Alternatives to Regulation Change: No alternatives were identified. (b) No Change Alternative: Do not adopt the California Spiny Lobster FMP implementing regulations 38 Continue managing the resource and fishery without a comprehensive management plan under current regulations. This alternative does nothing to promote a comprehensive management plan for the spiny lobster fisheries and does not bring spiny lobster management into conformance with the MLMA through adoption of implementing regulations as directed by the Legislature. While this alternative is not expected to result in immediate adverse impacts to the spiny lobster resource and fisheries, due to the generally conservative nature of current regulations (e.g. season and size limits), it would forego the greater opportunity for sustainable management under a comprehensive fishery management plan as required by the MLMA. The proposed commercial and recreational changes will clarify and improve enforcement of existing regulations and provide for a more orderly fishery. (c) Consideration of Alternatives: Other regulatory proposals considered by the Commission but not included in this regulatory proposal: The LAC consensus and Department recommendations were presented to the Commission at the April 2015 meeting. At the June 2015 meeting, the Commission directed the Department to develop a regulatory package that included all Department and LAC recommendations except the following three below. 1. Restricting the use of mechanized pullers in the recreational fishery only to persons in possession of proof of disability. This was proposed to reduce the illegal tampering of commercial traps by recreational anglers using mechanized hoop net pullers. However, illegal use of mechanized pullers is not a commonly observed enforcement problem and as proposed would penalize the lawful anglers using mechanized pullers due to the very few anglers that may abuse the use of this gear. 2. A phase-in approach to the commercial trap limit. The phase-in trap limit approach was proposed by the LAC to provide fishermen with an alternative means of fishing up to 600 traps while waiting to purchase as second permit following the implementation of the commercial trap limit. The phase in approach was proposed in 2013 when the trap limit was thought to become effective for the 2015-16 season. The trap limit will not be effective until the 2017- 18 season, which has provided individuals wanting to purchase a second permit with sufficient time to acquire a transferable permit. In addition, it would be difficult for the Department to implement and administer the program as proposed by the LAC. 39 3. Clarifying that branding of commercial trap floats is allowed. The branding of commercial floats is allowed under current regulations (subsection 122(k), Title 14, CCR; proposed to become new u section 122.1(b), Title 14, CCR). The regulation currently requires the commercial fishing license number to "be in color which contrasts with that of the buoy." The branding of commercial fishing license number onto floats will result in a color, which contrasts with that of the float. Therefore, the proposed regulation is currently covered under existing regulation. (d) Description of Reasonable Alternatives That Would Lessen Adverse Impact on Small Business: None Vi. Mitigation Measures Required by Regulatory Action: The proposed regulatory action will have no negative impact on the environment; therefore, no mitigation measures are needed. VII. Impact of Regulatory Action: 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 Businesses, 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 because the regulatory action will not substantially increase compliance costs, is not anticipated to impact harvest quantities, and only applies to a fishery that is unique to the state of California. The commercial spiny lobster fishery extends from Point Conception in Santa Barbara County to the _U..S.IMexico. border.....The..recreational..spiny 1.o.bste.r..fishery..covers..the.... same range but also extends further north into San Luis Obispo County. (b) Impact on the Creation or Elimination of gobs Within the State, the Creation of New Businesses or the Elimination of Existing Businesses, or the Expansion of Businesses in California; Benefits of the Regulation to the Health and Welfare of California Residents, Worker Safety, and the State's Environment: The Commission anticipates no negative impacts on the creation or 40 elimination of jobs within the state, the creation of new businesses or the elimination of existing businesses because the proposed action will not significantly increase costs or reduce harvest quotas. These actions are intended to promote orderly commercial and recreational fisheries while ensuring the.long-term sustainability of the fisheries and spiny lobster resource. (c) Cost Impacts on a Representative Private Person or Business: The Commission anticipates an increase in the commercial lobster operator permit fee due to the proposed trap tag program to be approximately $395 per permit. Permit holders may have the potential for a substantial gain from expanded permit transfer options and potential fuel savings with the increase in time for the maximum trap servicing requirement. The Commission is not aware of any cost impacts in the recreational lobster fishery, 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. Vlll. Economic Impact Assessment: Commercial Spiny Lobster Fishery Economic Impact The commercial California spiny lobster fishery ranks as the fourth highest in ex-vessel value, ranging from $15 to $18 million in the last three seasons (after Dungeness crab, market squid, and Chinook salmon). This rank is achieved, despite having amongst the lowest harvest volume, by having generally the highest value per pound of all California fisheries. Market prices for spiny lobster have been increasing at a faster than average rate as well, in part driven by a boost in export demand. The spike in prices has been accompanied by increases in commercial trap effort over recent years. The commercial spiny lobster fishery is a restricted access fishery with about 150 permits actively fished since 2008. In 2005, over two-thirds of the commercial lobster 41 permits became transferable. The high cost of market-traded permits ($50,000- $100,000) may also be a factor encouraging more trap pulls so as to recoup the cost of the permit. The California Saint' Lobster.FMP reports the 2009-10 to 2011-12 season average total economic output of the fishery statewide as $22,523,000, which supports about 323 full-time equivalent (FTE)jobs. The annual harvest volume and market price have risen since. The 2012-13 to 2014-15 season estimates for the average total statewide economic output is now $34,477,000, supporting about 495 FTE jobs. This is largely driven by the increase in ex-vessel value from $11,188,354 (in $2012) to $17,141,722 (the average for the last three seasons in $20'15). Commercial Lobster Fishery Average Economic Impacts ($2015) California South Coast:Santa Barbara;Ventiura Los Angeles;Mange and San Diego Counties Mean 2012-13,2013-14,&2014-15 Ex-Vessel Value Indirect Effects Induced Effects Total Effects Output $ 17,141,722 $ 7,764,017 $ 9,571,423 $ 34,477,180 Employee Compensation $ 1,066,181 $ 2,167,982 $ 2,675,566 $ 5,909,729 Proprietor's Income $ 5,870,817 $ 329,378 $ 454,496 $ 6,654,708 Labor income Effect $ 6,937,015 ` $ 2,497,360 $ 3,130,061 $ 12,564,437 Other Property Type Income $ 304,283 $ 1,078,266 $ 2,003,233 $ 3,385,764 Indirect Business Taxes $ 1,149,472 $ 520,491 $ 565,557 $ 2,235,538 Total Value Added $ 8,390,770 $ 4,096,117 $ 5,698,851 $ 18,185,739 Jobs-Full Time Equivalent(FTE) 369.9 54.2 70.8 494.9 The largest landings occur within the first two weeks of the 23-24 week season. Eighty percent of the season's total catch is landed by the fifteenth week of the season. The economic impact of the catch by each south coast county for the last season, 2014-15 is shown below. The commercial lobster fishery adds about $6.9 million dollars in total value added (also called net economic output) to Santa Barbara County, $2.2 million to Ventura County, $3.4 million dollars to Los Angeles County, $2.1 million dollars to Orange County, and $5.1 million dollars to San Diego County. Commercial Lobster Fishery Economic Impacts by County for 2014-15 Season Total Lobster Associated . Employee ._..Exvlles"I Value Empfbymerrt' 6orrtperisatiort titaF Value "3 otaE Economic co ;ty "(201%) ` 12015} 12x15) ( x15) Added(2015) iautput(2015)` Santa Barbara* $ 6,527,889 188.5 $ 2,250,535 $ 6,925,470 $ 13,129,557 Ventura $ 21126,246 61.4 $ 733,038 $ 2,255,745 $ 4,276,523 Los Angeles $ 3,172,293 91.6 $ 1,093,670 $ 3,365,501 $ 6,380,439 Orange $ 21014,218 58.1 $ 694,416 $ 21136,894 $ 4051,200 ,San Diego $ 4,846,048 139.9 $ 1,670,709 $ 5,141,197 $ 9,746,866 California State Total $ 18,686,694 539.5 $ 6,442,368 $ 19,824,807 $ 37,584,585 "Santa Barbara County includes Channel Islands spiny lobster catch. Recreational Spiny Lobster Fishery Economic Impact 42 The recreational spiny lobster fishery is not limited access and report card sales suggest that participation has fluctuated but overall remained stable over recent years. Newer hoop-net techniques deployed from boats have added another method beyond traditional diving for lobsters. Increased recreational activity brings more fisher spending into the coastal economies from San Luis Obispo County down to San Diego County, as the recreational fishery extends further north than the commercial fishery, into San Luis Obispo County. Annual expenditures in the recreational spiny lobster fishery were estimated to be $37 million dollars for the 2011-12 season. Expenditures on spiny lobster fishing gear, personal boats, auto/vessel fuel, food, accommodations, dive/party boat fees, and other fishing-related expenditures circulate through the economy often doubling the initial direct spending in summing the total economic impact throughout the state. Recreational ocean fishing stimulates employment in a wide variety of sectors that support fishing-specific and traveler in general activities. The proposed regulations are designed to balance the objectives of the long-term sustainability of the spiny lobster fishery while not burdening or limiting access for the spiny lobster commercial and recreational fisheries. a) Effects of the Regulation on the Creation or Elimination of Jobs Within the State: The Commission anticipates no negative impacts on the creation or elimination of jobs within the state because the proposed action is not likely to reduce harvest quantities. These actions are intended to promote orderly commercial and recreational fisheries while ensuring the long-term sustainability of the fisheries and resource. b) Effects of the Regulation on the Creation of New Businesses or the Elimination of Existing Businesses Within the State: The Commission anticipates no negative impacts on the creation of new businesses or the elimination of existing businesses within the state because the proposed action is not likely to reduce harvest quantities. These actions are intended to promote orderly commercial and recreational fisheries while ensuring the long-term sustainability of the fisheries and resource. C) Effects of the Regulation on the Expansion of Businesses Currently Doing Business Within the State: The Commission anticipates no negative impacts on the expansion of businesses currently doing businesses within the state because the proposed action is not likely to reduce harvest quantities. These actions are intended to promote orderly commercial and recreational fisheries while ensuring the long-term sustainability of the fisheries and resource 43 d) Benefits of the Regulation to the Health and Welfare of California Residents: The Commission anticipates generalized benefits to the health and welfare of California residents through the sustainable management of the spiny lobster resource. The proposed regulations are intended to implement the California Spiny Lobster FMP and add clarity to existing regulations to improve management of the fisheries. Implementation of the FMP is anticipated to benefit persons engaged in the spiny lobster fisheries by supporting the long-term viability of spiny lobster fisheries and associated business activities. e) Benefits of the Regulation to Worker Safety: The Commission anticipates that this regulatory action will not have any impact on worker safety. f) Benefits of the Regulation to the State's Environment: The Commission anticipates benefits to the State's Environment. It is the policy of this State to ensure "the conservation, sustainable use, and, where feasible, restoration of California's marine living resources for the benefit of all the citizens of the State" (FGC Section 7050(b)). The benefits of the proposed regulatory action are sustainable management of the spiny lobster resource for both the commercial and recreational fisheries. The proposed regulations to implement the California Spiny Lobster FMP supports the MLMA (FGC Sections 7070.7088), which requires the State's fisheries be managed by means of fishery management plans. The California Spiny Lobster FMP serves as the foundation for managing the spiny lobster resource, including mechanisms to prevent, detect, and recover from overfishing, as required by the MLMA. The proposed changes to existing commercial and recreational regulations clarify the implementation of the spiny lobster regulations to support orderly fisheries. g) Other Benefits of the Regulation: The intent of the proposed action is the long-term sustainability of the spiny lobster resource and viability of the commercial and recreational fisheries in accordance to the objectives of the MLMA. The proposed regulatory action will ensure the long-term economic, recreational, cultural, and social benefits of the fisheries by maintaining a healthy and sustainable spiny lobster resource. 44 Updated Informative Digest/Policy Statement Overview Under current regulations, management of the California spiny lobster fishery is contained under multiple sections (sections 29.80, 29.90, 29.91, 121, 121.5 and 122) of Title 14 of the California Code of Regulations (CCR). Section 29.80 provides general gear restrictions for the recreational take of crustaceans. Section 29.90 provides recreational fishery regulations specific to spiny lobster with report card requirements for the recreational fishery found in Section 29.91. Section 121 regulates the possession of spiny lobster during the closed season. Section 121.5 regulates the processing of spiny lobster. Section 122 provides regulations for the commercial fishery, including permit requirements, gear provisions, trap servicing requirements, restricted fishing areas, permit transfers, and logbook requirements. In accordance with the Marine Life Management Act (MLMA) of 1999 (Fish and Game Code (FGC) sections 7050-7090), regulations are proposed to implement a California Spiny Lobster Fishery Management Plan (FMP) and to amend existing recreational and commercial spiny lobster fishing regulations to manage the spiny lobster resource at a sustainable level and support orderly fisheries. It is the policy of the State to ensure the conservation, sustainable use, and, where feasible, restoration of California's marine living resources for the benefit of all the citizens of the State (FGC Section 7050(b)). The MLMA contemplates the management of state fishery resources through FMPs. developed by the Department of Fish and Wildlife (Department) and adopted by the Fish and Game Commission (Commission) (FGC sections 7072, 7075 and 7078). FGC subsection 7071(b) provides authority for the Commission to adopt regulations that implement a fishery management plan or plan amendment and make inoperative any fishery management statute that applies to that fishery. To implement the conservation and management measurements identified in the California Spiny Lobster FMP, including a proposed trap limit program, the implementing regulations of this FMP will render the following sections of the.FGC inoperative once they are adopted: 1) FGC sections 8251, 8252, and 8258. These sections prescribe the commercial season length, size limit, and list the Districts where commercial lobster traps may be used. The FMP contemplates changes to season length, minimum size and district closures as possible future conservation and management measures. The commercial season length and size limit will be moved into Title 14, CCR reflecting the Commission's authority to make future adjustments. 2) FGC sections 7857(e), 78570), 8102, 8103, and 8254(c). These sections state the conditions for issuing and transferring commercial fishing permits and lobster operator permit fees. Each will be made inoperative as they apply to the spiny lobster fishery to be consistent with the commercial spiny lobster limited entry fishery permit program described in the FMP and proposed trap limit program. 3) FGC section 9004: This section requires commercial fishermen to service any deployed trap every 96 hours. The proposed trap servicing regulation in new 45 Section 122.2 will extend the servicing requirement to every 168 hours. As such, this section will be rendered inoperative as applied to the spiny lobster fishery. Upon adoption by the Commission, the California Spiny Lobster FMP will establish a management program for the spiny lobster recreational and commercial fisheries and detail the procedures by which the spiny lobster resource will be managed by the Department. The proposed regulations would implement the FMP in accordance with the policy goals enumerated in the MLMA. The proposed implementing regulations are divided into three parts: 1) new regulations to implement the FMP, 2) amendments and additions to the recreational fishing regulations, and 3) amendments and additions to the commercial fishing regulations. The following is a summary of the proposed changes to Title 14, CCR: 1) Establish a new Article in Chapter 5.5, Subdivision 1, Division 1, Title 14, CCR and add new sections 54.00, 54.01, 54.02, and 54.03. The proposed new sections will: a. describe the purpose and scope of the California Spiny Lobster FMP; b. provide relevant definitions used in the California Spiny Lobster FMP; c. describe management processes and timing; and d. describe the harvest control rule (HCR) as the management basis for the California Spiny Lobster FMP. 2) Amendments are proposed to existing recreational lobster fishery regulations in subsections (b) and (g) of Section 29.80 and subsections (a)jm�aAn (c), hof Section 29.90. If adde-p-t4-1bye- proposed amendments will: b. Delay the start of the recreational season six hours from the current start time of 12:01 a.m. to 6:00 a.m. for safety purposes. c. Require buoy marking of hoop nets used south of Point Arguello for identification and enforcement purposes. d. Clarify existing language on the possession of a hooked device while ....... ........... .. ...... . . . taking lobster. This regulatory change will provide clarification for both recreational divers and enforcement. e. Clarify measuring requirements in order to allow for measuring lobster aboard a boat. The proposed change will allow hoop netters to bring spiny lobster aboard a vessel where they can be measured safely. f. Make editorial changes to improve clarity of existing regulations. 3) Amendments to the commercial fishing are proposed to sections 121, 121.5, 122, and 705 as well as the addition of new sections 122.1 and 122.2. fThe. proposed amendments will: 46 S a. Implement a new trap limit program, effective October 2017, to specify 300 traps per lobster operator permit, and establish lobster trap tags and lost trap replacement (i.e., "catastrophic trap tag loss") measures. The establishment of a trap limit program will optimize and create a more orderly commercial fishery as well as provide improved understanding of the amount gear used in the fishery. b. Allow permittees to possess up to two lobster operator permits. The possession of two lobster operator permits will allow a commercial fisherman to deploy a maximum of 600 traps in accordance with the proposed trap limit program. c. Allow permittees to retrieve up to 6 lobster traps of another lobster operator permit holder that were lost, damaged. abandoned. or otherwise derelict per fishing trip to help reduce potential impact of fishing gear on living marine resources and underwater habitat. d. Require Department approval of a waiver request for one lobster operator permit holder to service the trap of another. The proposed regulation will provide clear rules for requesting a waiver and improve regulatory enforcement. e. Require each fisherman who holds a lobster operator permit to submit an end of the season trap loss affidavit for each permit they hold at the end of each season to estimate gear loss in the fishery. f. Extend the maximum trap service requirement from 4 to 7 days to provide fishermen more flexibility to service their gear and for safety purposes. g. Extend the pre- and post-season gear deployment periods from 6 to 9 days for safety purposes. h. Extend the lobster operator permit holder death provision from 1 to 2 years to provide more time to transfer the lobster operator permit. i. Update permit renewal and transfer regulations for clarity and consistency with the proposed trap limit program. j. Update description of restricted fishing areas with latitude and longitude coordinates for clarification purposes. k. Provide clarification for identifying abandoned traps in state waters. I. Provide modifications to the existing fishing logbook format to improve data collection. n. Establish fees for lobster operator permit and trap tags. Currently, lobster operator permit fees are located in FGC Section 8254(c), however, this code section will be rendered inoperative as part of the California Spiny Lobster FMP implementing regulations to implement the trap limit and trap tag program o. Clarify that all lobster operator permit holder fishing jointly on one vessel 47 will be liable for any violation from that vessel. p. Clarify existing language on the use and possession of SCUBA gear in the Commercial fishery. q. Make editorial changes to improve clarity of existing regulations. The proposed regulations were drafted to serve the sustainability and social policy objectives enumerated in FGC Sections 7050, 7055, and 7056. The amended sections would not conflict with existing Title 14 regulations, and any part of the FGC that conflict to the proposed regulations will be made inoperative as applied to the spiny lobster fishery (FGC Section 7071(b)). UPDATE; The amended Initial Statement of Reasons adds statements of necessity to Section II a Statement of Specific Purpose of Reul tion Change anactual Basi.9 frDeterminingthat Remutathon-Change is • other I ina_statements: and, minor editorial changes. These statements are directly related to the revised proposed regulatory text in the California Spiny Lobster Fishery Management Plan implementing regulations. The California Spiny Lobster Fishery Management Plan, adopted by the Commission on April 13. 016, is incorporated by reference in the amended regulatory language, The additions to the Initial Statement of ReasQnra are indicated in bold doub underlined text in this Amended Initial n n r indicated bx Minor edits_and additions_or_deletions for . oy clarity._spelling. punctuation, etc., that do not affect content, are no shown. 48 r Revised Proposed Regulatory Language Text originally proposed to be deleted is shown inGiRglL St-�eerit format and text newly proposed to be deleted is shown in format. Text originally proposed to be added is shown in single underline format and text newly proposed to be added is shown in bold double underline format. Section 29.80, Title 14, CCR, is amended to read: § 29.80. Gear Restrictions. [No changes to subsection (a)] (b) Hoop nets may be used to take spiny lobsters and all species of crabs. Between Point Arguello, Santa Barbara County, and the United States-Mexico border, not more than five hoop nets, as defined in (b)(1)(A) or (b)(1)(B), shall be possessed by a person when taking spiny lobster or crab, not to exceed a total of 10 hoop nets possessed when taking spiny lobster or crab, per vessel. The owner of the hoop net or person who placed the hoop net into the water shall raise the hoop net to the surface and inspect the contents of the hoop net at intervals not to exceed 2 hours. [No changes to subsection (b)(1)] (2) Any hoop net abandoned or left unchecked for more theRthan 2 hours shall be considered abandoned and seized by any person authorized to enforce these regulations. 3) 9-1-eq*nnune ran A-nx!ql 1, 2047, hen-PHoop nets used south of Point Arguello shall be marked with a surface buoy. The surface buoy shall be legibly marked to identify the operator's GO ID number as stated on the operator's sport fishing license or lobster report card. Hoop nets deployed from persons on shore or manmade structures connected to the shore are not required to be marked with a surface buoy. [No changes to subsections (c)-(f)] (g) Diving for crustaceans: In all ocean waters, except as provided in Section 29.05, skin and SCUBA divers may take crustaceans by the use of the hands only. Divers may not possess any hooked device while diving or attempting to dive. Divers may be in possession of spearfishing equipment so long as possession of such equipment is otherwise lawful and is not being used to aid in the take of crustaceans. [No changes to subsections (h)-(j)] 1 r i Note: Authority cited: Sections 200, 202, 205, 2151 220, 7075 and 7078, Fish and Game Code. Reference: Sections 200, 202, 205, 206, 2151-a-nd 220, 7050, 7055 and 7056, Fish and Game Code. Section 29.90, Title 14, CCR, is amended to read: § 29.90. Spiny Lobsters. (a) Open season: From 6:00 a.m. on the Saturday preceding the first Wednesday in October through the first Wednesday after the 15th of March. [No changes to subsection (b)] (c) Minimum size: Y"_.,.. ft~e' ene Fe• th3 and 114 inches measured in a straight line on the mid-line of the back from the rear edge of the eye socket to the rear edge of the body shell. Any lobster may he brought to the c i irfaGe of the water for the UrPnac of me-as w ring, but no undersize lebsteF may be 19FOUght aboaFd aRy beat, plaGed in aR type of reG-e-YeF, kept on the peFSOR eF retained in any peFSGR'S pessessieR GF under his suFfaGe of the wateF, and any URdA_%i;_EC9 Inhqfer-shall he-"eased immediately inte the wateF. All lobsters shall be measured immediately and any undersize lobster shall be released_immediately into the water. Divers shall measure lobsters while in the water and shall not remove undersized lobsters from the water. Hoop netters,may measure lobsters out of the water, but no undersize lobster may be placed in any type of receiver, kept on the person or retained in any person's possession or under his or her direct control. [No changes to subsections (d)-(e)] spee y and 7078, Fish and Note: Authority cite Sections 20 , 202, 2 5, 2 9� 220,,7075 . Game Code. Reference: Sections 200, 202, 205, 2101 220, 7050, 7055 and 705.6, Fish and Game Code. Article 5.0 of Chapter 5.5 of Subdivision 1 of Title 14, CCR is added to read: Article 5.0 California Spiny Lobster Fishery Management Plan 2 Section 54.00, Title 14, CCR, is added to read: 54.00 Purpose and Scope a This Article implements the Spiny Lobster Fishery Management Plan (Spiny Lobster FMP) as adopted and amended by the commission consistent with the goals, objectives and procedures of the Marine Life Management Act of 199. 9. _ __This Article, in combination with other applicable provisions of the Fish and Game Code and Title 14, CCR, govern management and regulation of the spiny lobster resources.and fisheries. b Regulations implementinci the Spiny Lobster FMP are found in this Chapter. Regulations specific to recreational take of spiny lobster are found in Chapter 1, Section 1.74„and Chapter 4, beginning with Section 27.00, of these regulations. Regulations specific to the commercial take of spiny lobster are included in Chapter 6 beginning with Section 121 of these regulations. (c) Pursuant to Fish and Game Code Section 7071(b), Fish and Game Code sections 8251, 8252, 8254(c), and 8258 are made inoperative. (d) Pursuant to Fish and Game Code Section 7071(b), Fish and Game Code sections, 7857(e), 7857(6), 8102, 8103, and 9004 are made inoperative as applied to the commercial spiny lobster fishery. Note: Authori cited: Sections 7071 7075 and 7078 Fish and Game Code. Reference: Sections 7050, 7055, 7056, 7070, 7071, 7075 and 7078, Fish and Game Code. Section 54.01, Title 14, CCR, is added to read; § 54.01 Definitions (a) Catch, in the context of the harvest control rule, means the total weight of spiny lobster reported on commercial landing receipts in a fishing_season. (b) Catch per unit effort means the number of legal lobsters caught per trap pull for the commercial fishery. (c) District closure means temporary or permanent closure of one or more Fishing Districts as defined in Fish and Game Code sections 11026, 11027, 11028, 11029, 11030 11031 11032 11038 and 11039 to the commercial and/or recreational take of spiny lobster. (d) Harvest control rule is defined in Section 50.01 of these regulations. In the Spiny Lobster FMP, the harvest control rule is a management framework consisting of three threshold reference points, a harvest control rule matrix, and a harvest control rule "toolbox” of conservation and management options. (e) Harvest control rule matrix means the matrix_prescribed in the Spiny Lobster FMP detailing the possible causes of having one, two, or all three_threshold reference points crossed and the management response sequence for those scenarios. (f) Harvest control rule toolbox means the conservation and management measure_ s identified in the Spiny Lobster FMP harvest control rule that are available to the commission when threshold reference points are crossed and management action is recommended. 3 (g) Spawning.Potential Ratio means the ratio of the number of eggs produced by a fished population over the number of eggs produced by an unfished population. (h) Spiny lobster means Panulirus interruptus as defined in Fish and Game Code Section 8250. i SPJny Lobster FMP means chapters 1-6 of the California Spiny Lobster Fishery Management Plan as approved by the commission Ari _13, 2016 hereby incorporated by reference.. (j) hr Teshold refer ence point means a quantitative value that indicates that the status of a stock is at a level of concern and that management action maV be needed to improve stock status. In the Spiny Lobster FMP, threshold reference points are based on commercial catch, catch per unit effort, and spawning potential ratio. (k) Trap limit means a formal program adapted by the commission that limits the number of traps a commercial fisherman may fish at any one time during a season. I Total allowable catch means a specified numerical catch ob'ective for each fishing season, the attainment (or expected attainment) of which may cause closure of the fishery. m Definitions contained in Chapter 1 and Article 1 of Chapter 5.5 of these regulations, and Chapters 1 and 2 of Division 0.5 of the Fish and Game Code apply to the spin lobster fishe in addition to definitions of this Section. Note: Authority cited. Sections 7075 and 7078 Fish and Game Code. Reference: Sections 7071 7082i 8252 Q-26% ""^"11 2 1 7 11028, 11029, 110,30, 11 '! 11032, 11038 and 11039, Fish and Game Code. Section 54.02, Title 14, CCR, is added to read: § 54.02 Management Process and Timing (a) Spiny lobster management will conform to the goals, objectives, criteria, procedures, and harvest control rule guidelines in the Spiny Lobster FMP, and other applicable state and federal laws and regulations. b Monitoring and assessment of the spiny lobster fisheries will be conducted annual) including the collection and review of catch reports and fishing to book information. The department will provide management recommendations to the commission as needed. (c) Conservation and management measures may be developed, considered, and adopted in compliance the Administrative Procedures Act and implemented at any time of-year to achieve management plan -goals and objectives and may apply to any or all management areas or portions of management areas at the discretion of the commission. Note:..-Authority-cited...Sections.70-7-5-and-.7078;-.Fish and-Game--Code:.-Reference:... _. ,. Sections 7050, 7055,7056, 7070, 7071, 7075 and 7078, Fish and Game Code. Section 54.03, Title 14, CCR, is added to read: § 54.03 Harvest Control Rule (a) The_harvest control rule adopted and described in the Spiny Lobster FMP shall form the management basis_for the spiny lobster commercial and recreational fisheries. The harvest control rule is comprised of three components. 4 A (1) Three threshold reference points as defined in the Spiny Lobster FMP based on commercial catch catch per unit effortandspawning potential ratio that serve as metrics to gauge the status of the spiny lobster fishery and resource. () A harvest control rule matrix that guides the appropriate management responses based on the status and trends of each threshold reference point scenario. 3 A suite of conservation and management measures in the harvest control rule "toolbox" giving the department and commission flexibility in addressing emerging and on-going concerns within the spiny lobster fishe and resource. b Monitorinq and assessment of the harvest control rule threshold reference points will be conducted annually utilizing the best readily available data and other relevant information. If one or more of the threshold reference points are crossed, the harvest control rule matrix will guide the department management response, which may include consultation with fishing communities and other stakeholders when investigating the cause of an exceeded reference point. c if the department determines that a management response is warranted the commission may adopt one or more of the conservation and management measures specified in the Spiny Lobster FMP harvest control rule"toolbox" pursuant to Section 4. of these regulations. Note: Authority cited: Sections 7072 and 7082, Fish and Game Code. Reference_: Sections 7050 7055 7056 7070 7071 7075 and 7078 Fish and Game Code. Section 121, Title 14, CCR, is amended to read: § 121. Lobsters, Spiny. Open Season and Possession tqftin.g Closed Season. (a) Spiny lobsters may be taken only between the first Wednesday in October and the first Wednesday after the 15th of March. Lbj No spiny lobsters may be sold or possessed during the closed season except as follows: Lobsters taken or imported during the open season which were cooked and frozen or frozen prior to the close of the open season, and lobsters imported into California during the twenty-six (26) days following the close of the open season, provided such lobsters were cooked and frozen or frozen prior to importation. During the closed season, after the twenty-six (26) day importation period, no spiny lobsters may be possessed on any boat, barge, or vessel. Note: Authority cited: Sections 240 and 2365, Fish and Game Code. Reference: Sections 240, 2365 and 8254, Fish and Game Code. Section 121.5, Title 14, CCR, is amended to read: § 121.5, Lobster, Spiny. Minimum Size and Verification.-e#Size. a No spiny lobster less than and 114 inches in length measured in a straight line from the rear edge of the eye socket to the rear edge of the body shell both points to be on the midline of the back may be takenpossessed, purchased, or sold. () Every person taking spiny lobster shall carry a fixed caliper measuring device and shall measure any lobster immediately on removal from the trap and if it is found to be undersize the spiny lobster shall be returned to the water immediately. A trap shall be serviced prior to anV additional trap being brought aboard a vessel. 5 i L-1(c) All�ati#eria spiny lobsters ( Panulirus interruptus) taken, possessed, transported or sold must be maintained in such a condition that their size can be determined as described in Section 121.5(a) of these regulations puFSuant-to Pith and Ganne Code Ser i„n 8 until prepared for immediate consumption or sold to the ultimate consumer except as provided for in subsection (d) below. #b)(d) CalifOFnia sSpiny lobsters may be split along the midline of the carapace by persons licensed pursuant to Fish and Game Code Section 8034 (Fish Processors License) or Section 8037 (Commercial Fish Business License) provided both halves of each lobster are kept together by banding or packaging until either displayed for purchase by the ultimate consumer or prepared for immediate consumption. Note: Authority cited: Sections 240, 2365 and 8254, Fish and Game Code. Reference: Sections 240, 2365 and 8254, Fish and Game Code. Section 122, Title 14, CCR, is amended to read: § 122. ,-^stems,-Perm fts +n Tnka ftiny Lobster Permits and Restricted Areas. (a) Classes of Lobster Permits. (1) There is a transferable lobster operator permit, a non-transferable lobster operator permit and a lobster crewmember permit. (2) Under operator permits issued by the department, licensed commercial fishermen may take spiny lobsters for commercial purposes, but only with traps used pursuant to Fish and Game Code Section 9010, except that such traps shall only be used in Districts 18, 19, 20A, and that part of District 20 southerly of Santa Catalina Island between Southeast Rock and China Point. No other method of take is authorized for the commercial harvest of spiny lobsters. (3) Any licensed commercial fisherman Rot eligible to obtain lobster opeFater permit PUFSUaRt tO this seGtiG that does not possess a valid transferable or non-transferable lobster operator permit may purchase a lobster crewmember permit, authorizing him/her to accompany tae-heldeF of-a lobster operator permit holder and to assist that enthe _... _. _........lobster..operato.r.permit..holder in the.commercial..take..of spiny.lobster.................... (4) Exemption from Tidal Invertebrate Permit. A lobster operator permit holder or a lobster crewmember permit holder operating under the provisions of a lobster operator permit is not required to possess a Tidal Invertebrate Permit, but is subject to the PFGViniGR Section 123 of these regulations. (b) Permit Renewal. {moo) Each lobster operator permit shall be issued annually and shall be valid for the peried-of commercial lobster season. Each operator and crewmember permittee shall have his/her permit in ' possession when taking lobsters. 6 (2) Applicants for renewal of a lobster operator permit-shall be eligible to renew a lobster operator permit.of the same„classification, if they have held_a-valid lobster operator permit that has not been suspended or revoked in the immediately precedingpermit year. 3 No more than 2 lobster operator permits shall be issued to a lidensed commercial fisherman. (4) Procedures and Deadline for Permit Renewal. Applications for renewal of transferable and non-transferable lobster operator permits must be received by the department or if mailedpostmarked nen later than A rii 30 of each year. Late fees late fee deadlines and late renewal appeal provisions are specified, in Fish and Game Code Section 7852.2. Any, person denied a permit under this Section may submit a written reguest for an appeal to the commission to show cause why his/her permit request should not be denied. Such request must be received by the commission within 60 days of the department's denial. (c) Permit Transfers, Procedures, and Timelines. �r4ojExcept as provided in this section, a permit shall not be assigned or transferred, and any right or privilege granted thereunder is subject to revocation, without notice, by the Lich and Game f ommiecioncommission, at anytime. (2) A person.with d transferable lobster operator permit that has not been ... ...,.a vali.._..,.. suspended or revoked may transfer his/her permit to another person licensed as a California commercial fisherman. The-permit holder or the estate of the deceased Permit holder shall submit the n t riz d transfer application and the nonrefundable permit- transfer fee specified in Section 705 for each permit_transfer. The transfer shall take effect on the date written notice of approval of the application is given to the transferee by the department. The permitholder shall transfeall del2artment issued trapto s to the transferee after the permit transfer has been app_r_oved by the department. The lobster operator permit shall be valid for the remainder of the permit year and ma be renewed in subsequent years pursuant to this Section. (A) ' . '_If a transferable lobster operator permit is transferred p ed to to a person with a valid transferable lobster operator permit and non-transferable„lobster operator permit, the non-transferable lobster operator permit shall become null and void and the permit and trap tags shall be immediate) surrendered to the department's License and Revenue Branch. 3 An application for a transfer of a lobster operator permit shall be deferred when the current oermit holder is wait' final resolution of an X%&-kal—ndinapeading criminal, civil and/or administrative action that could affect the status of the_permit. 4 Upon the death of a person with a valid transferable lobster operator permit, the estate of a person with a valid transferable lobster o erator permit shall immediate) emoorarily relinquish the permit to the department's License and Revenue Branch. Tra tags shall also be emporaril relin uished to the department's License and Revenue Branch. The estate may renew tithe permit as provided for in this i n if needed to keep ftthe permi valid. The estate ma transfer ttthe ermit nursuant to L his 5ection no later than 2 ears from the date of death of the permit holder as listed on the death certificate. 7 V Upon the death of t# )a person with a valid non-transferable lobster operator permit.,. �� r the p -ermit shall be null and void and the estate shall immediately surrender the permit and tra p to s to the de artment's License and Revenue Branch. 6 Any applicant who is denied transfer of a transferable lobster operator permit may submit a written request for an appeal to the pp he commission within 60 days of the date of _ the department's denial. permit yeaj:7 reveked, from the immediately pFeGedlRg peRnit yeaF shall be eligible to PUFGhase a lobster epeFatelr permit of the slime nlassifinntioR fees,(� PreGedur-es and Dead-lime for Permit Rten;MMAI must be FeGeived by the department 9F if mailed, pestmaked Rot later thaR ApFil 30 0 eaGh year. Late late fee deadlines, and late FeRewal appeal provisions speGified in Fish and Game Gode SeGtion 7852.2. ARy person denied a peFmit under oorrtimiscioR Within 60 days of the depwtment's denial thereof,(9) No SCUBA equipment OF OtheF bFeathing deviGe may be U6ed to assistiR the take of lobster on any boat be!Rg operated pursuant te a GOmmerGial lobsteF perwit Gommossvon relating tG lobsters shall be a Gondition of all peFmits to be fully peFfeffned by the heiders > oemployees, op those aang URdeF the;All lobster traps and rentaiN"ierri g lebr-ter-s shall be individually buoyed. The buoys Pon- the rUFfaGe f the ..-te., e)(Gept after the fiFst Tuesday jR OGtE)beF i Gomm cpop " I.AAt-h *-h;4t of the buGy and shall be at least eRe (1) iRGh iR height and at least one eighth (4A) ;RGh in width. All lobsteF peFMit holdeFs shall maintain lobsteF trap bUE)YS in SuGh a GOndition that buey identifying nUmbers oro nleady readable who holds the permit assigned to said geaf wFitten PeFM4ssiE)n to pull the tFaps, rernitirnrs rc.�crvc-rr. 8 f (n;) The employee6 Gf the department may distuFb or move any !GbrteF trap at any time While SUGh empleyeer, are engaged In the peFfGFmaRGe of their OffiGial duties And _C;h the Fish and fame Gode and regulations of the nc.mmiccir_nn lobster,(R) During the Gle6ed season for the taking of spiny no buoy attaGhed t9 anytFap may be marked SUGh Rnanner as to identify the tFap as a lobster exGept that r season,legally m-aFked lebst( Y be P!aGed ;n tht-M AAG_*_f_=F net more than six (6) days hPf4rg_k th the seasGn and may Femain in the water for ne-AMP-re than sex (6) days afte. of the if the dooF er deeFs-4 3 are wired open, the trap is r the buoy remains at the surfaGe of the o and Re attempt is made to take spiny lGb6teF&.. �d� Restricted fishing are Fishing Areas. (1) No lobster trap used under the authority of this permit shall be used within 750 feet of any publicly-owned pier, wharf, jetty or breakwater; however, such traps may be used to within 75 feet of any privately-owned pier, wharf, jetty or breakwater. (2) No lobster traps shall be set or operated within 250 feet of the following specified navigation channels. fine, then RGrthea6tedy 9 500 feetthen i magnetin r nr+rthwestedy 331" rvmagnetiG rine neutioal mile to the demarr•ation line and an extension and an-cap-r�rna�.�rvv. of the east nide nhannel line (B) Pana Print Wa;;19 .r. Starting from (lana point east jetty light."6 " nroGneed en a v, I✓t vva..ti.crvr■ u hearing_of__'I_' 0' magne ' to buoy "4"; then so��tvth 180' FnaqRetiG one nnaaUtiGal mile; then westerly 2708i r 200 yards; then north 0" magnetic approximately ene Fiaut;Gal mile to Dana PoW HaFbeF light it " 21," pFoGeed a bearing of 225) r bearing"9 -Y1 OG magnetin• then ngrtheast on a hearing of 35' r u rr, 9 r it " (A) Newport Bay Harbor entrance: This area is bounded by straight lines connecting the following points in the order listed: 33° 35.316' N. lat. 117° 52.744' W. long.; 330 34.365' N. lat. 117" 52.374W. long.: 33° 34.412' N. lat. 1170 52.294' W. long. 33° 35.368' N. lat. 117° 52,658' W. Ion and 33° 35.316' N. lat. 117° 52.744' W. long. (B) Dana Point Harbor entrance: This area is bounded by straight lines connectin_ tc7he following points in the order listed: 330 27.262' N. lat. 117° 41.492' W. long.; 33° 26.289' N. lat. 117° 41.721' W. long.; 33° 26.254' N. lat. 1170 41.509' W. long.; 330 27.201' N. lat. 1170 41.286' W. long.; 33° 27.409' N. lat. 1170 41.522' W. long.; and 33° 27.262' N. lat. 117° 41.492' W. long. 9 (C) Oceanside Harbor entrance: This area is bounded by straight lines connecting the following points in the order listed: _ 33° 12.344' N. lat. 117° 24.166W. long.; 33° 12.332' N. lat. 117" 24.164' W. long.; 330 11.775' N. lat. 117° 25.155' W. long.; 33° 11.659' N. lat. 117° 24.928' W. long.; 330 12.233' N. lat. 117° 24.047' W. lona.; 33° 12.362' N. lat. 117° 23.975' W. long.; and 330 12.344' N. lat. 117° 24.166' W. long. {OLej Records. Pursuant to Section 190 of these regulations, any person who owns and/or operates any vessel used to take lobsters for commercial purposes shall complete and submit an accurate record of his/her lobster fishing activities on a form (Daily Lobster Log, DF-GDFW 122 (7&6REV. 03/04/16), incorporated herein by reference) provided by the department. kq)M The person required to submit logs pursuant to Section 190 of these regulations shall have complied with said regulations during the immediate past license year, or during the last year such person held a permit, in order to be eligible for a successive year annual permit. (g) All lobster operator permit holders fishing jointly on one vessel shall both be liable for any violation incurred by any of the lobster operator permit holders or crew-member permit holders fishing from that vessel. h No SCUBA or other underwater breathing apparatus equipment shall be used to take lobster, except that this equipment shall onIV be used to locate and secure traps for retrieval. Lobsters contained in a trap that has been secured using SCUBA, or any other underwater breathing apparatus equipment, may be possessed after the trap has been serviced aboard the vessel only if the secured trap(s) has not exceeded the trap service interval requirement as specified in subsection 122.2(4) of these regulations. /rl�ve Fere`, Tim©dinns_en Permit Transfers (1) The held-er of�a valid transferable lObSteF OpeFatoF peFFnit that has not be e f SeGtien 705. The appliGation shall be submitted to the depaFtMeRVS LiGenseand Revenue Branch, 1740F"F:-fiV1CtFket Blvd., SaGFamente, GA O5834. The-tFaRsfor�blee (2) The estate of the holder Gf a tranSfeFable lobsteF opeFateF permit may renew that permit as provided fer in these rzegulatiGRS if Reeded to keep it valid. The estate of th fFGFn the date of death of the permit helder. as IFSIAd-04 thR 499th-GeFtifiGate. 12erm4 is issued, the peFmit shall beGerne null and void. - 10 Note: Authority cited: Sections 1050, 7075, 7078, 8254 and 8259, Fish and Game Code. Reference: Sections 1050, 2365, 7050, 7055, 7056, 7071, 7852.2, 8026, 8043, 8046, 9250 8259, 9002 90068250, 8250.5 8254 9002 9002.5 9005 9006 and 9010, Fish and Game Code. Section 122.1 Title 14, CCR, is added to read: § 122.1 Lobster Buoys and Trap Tags (a) All lobster traps and receivers impounding lobsters shall be individually buoyed. The buoys must be on the surface of the water, except after the first Tuesday in October when buoys may be submerged by means of metallic timing devices with a timed delay (commonly called "pop-ups")--that does not exceed the trap service.interval requirement as specified in subsection 122.2(d) of these regulations. (b) Each buoy identifying a lobster trap shall display the commercial fishing license identification number of the lobster operator permit holder followed by the letter P. The commercial fishing license identification number and the letter P��shall be in a color which contrasts with that of the buoy and shall be at least AN�..� .�1 inch in height and-at least1.8,118inch in width. All lobster operatQr permit holders shall maintain lobster trap buoys in such a condition that buoy identifying numbers are clear) readable. c Dmpigyed bobster traps andthoSe possessedby a lobster operati holder a oard a vessel shall have_a--valid department issued trapdirect) attached to the trap. If the information on the trap tag.is illegible or incorrect or if the trap tag is missing from the trap for any reason, the trap shall be considered not in compliance, and shall not be used to take spiny lobster for commercial purposes. 1 Lobster trap tags. A lobster operator permit holder shall be issued 300 trap tags for use during that season for each valid lobster operator permit in possession. M(2) Replacement procedures for catastrophic loss of trap.tags. (A) A lobster operator permit holder shall only be eligible to receive replacement trap tags for trap tags lost due to catastrophic loss. (B?Catastrophic trap tag loss is defined as the cumulative loss of 75 or more trap tags for each valid lobster operator permit due to events beyond the lobster operator permit holder's control such as weather, force maieure and acts of God. (C) The lobster operator permit holder shall submit to the dep-artment's.License and Revenue Branch the affidavit sicned under penalty of permury by the lobster operator permit holder and nonrefundable fee for each replacement tag as specified in Section 705 of these regulation r 11 D An affidavit for trap tag replacement due to catastrophic loss, with a descriptionf the factual circumstances n isten with subsection B above, shall be approved by the department prior-to any replacement trap tads being issued is) above (E)_Any trap to reported as I ost � p and subsequently recovered during the season shall be invalid and immediately returned to the department's License and Revenue Branch. Note: Authority cited: Sections 7075 and 7078, Fish and Game Code. Reference: Sections 7050,_7055, 7056, 8250.5, 9002 and 9010, Fish and Game Code. Section 122.2, Title 14, CCR, is added to read: 4 922.2 Pulling Lobster Traps. fa)_No lobster trap,shallII be pulled or raised or placed in the water between one hour after sunset to one hour before sunrise. (b) During the closed season for the taking of spiny Iobster4 season,*.I*— wiefti-P Ina! nn* mnr- ftm—n cow (91 rlwgc —ft—r-*I*— ofmc— nf*I*— C no buoy attached to any trap may be marked in such manner as to identify the trap as a lobster trap, except that legally marked lobster traps may be placed in the water not more than ' 9 days before the opening of the season and may remain in the water for not more than �9 days after the close of the season, if the doors to such traps are wired open, the trap is unbaited the buoy remains at the surface of the ocean and no aftem t is made to take shiny lobsters. (c) Lobster traps may be set and baited 24 hours in advance of the opening date of the lobster season if no other attempt_is made to take or possess the lobsters. (d) Trap Service Interval Requirement: OcandWinns at sea popytRfiflor, 01 R-monndnes aws-dth G., deployed lobster trap shall be raised cleaned Qf debris serviced to ensurgr functionina.Tand_emptied..at.intervals..not..to..exceed...1.6.8._hours.._excep.t..that_.lobster..traps are_not_reguired to be serviced during the 9-day ore-and post- season period as described in Section 122.2 b of these regulations. e No trap shall be abandoned in the waters of this state. Lobster traps not retrieved 14 days after the close of the commercial lobster season shall be considered abandoned. 12 every lobster operator permit holder shall submit a trap loss affidavit, as specified in Section 705 for each permit 1 h hold to the address listed on the affidavit. (1) If a permit is transferred during the season, only the lobster operator permit holder who is in possession of that permit at the end of the season is required to submit the affidavit. (2) All trap tags shall be retained by each lobster operator permit holder until the beginning of the next lobster season_. The employees of the department may disturb or move any lobster trap at any time while such employees are engaged in the performanceof their official duties and may inspect any lobster trap to determine whether it is in compliance with a#a lic ble provisions of the Fish and Game Code and his Ch ter. h , who holds the permit 2(117 2012 Inhaf-i! No lobster operator permit holder shall possess, use, control, or operate any lobster trap _ap tan ass with a trap tag bearing a permit number othg_rjh__an his/her own nor any receiver$ bearing a commercial fishing license identification number other than hislher_own except: 1 To retrieve from the ocean and transport to shore lobster trap(s) of another lobster operator permit holder that were lost, damaged, abandoned_or otherwise derelict, provided that: A No more than . 6 dere ' lobster traps may be retrieved per fishing trip--, emeept as.B„Loi,,._..., ster from the retrieved lobster tra s shall not be retained and shall be returned to the ocean waters immediately. (C) Immediately upon retrieval of lobster trap(s), the lobster operator permit holder retrieving the traps shall document in the retrieving vessel's log the date and time of tri retrieval number of retrieved lobster traps, location of retrieval and retrieved trap to information. (D) Any retrieved lobster trap(s) shall be transported to_shore_during the same fishing trip that retrieval took place. 2 Under a waiver granted by the department, pulling, servicing, o r transporting receivers or more than 4%6 lobster traps Eby another lobster operator permit holder is allowed if: (A) The lobster operator permit holder is unable tosepomqpqqm-___ _'_pull, service or transport his/her traps or receivers due to circumstances beyond_the control of the permit holder. B A reguest for the waiver has been submitted in writing to the department's License and Revenue Branch. The waiver shall include: 13 r 1. Name and permit number of the es .lobster operator permit holder requesting the waiver; 2. Name and permit number of the lobster operator permit holder =+r;-%ws.;nqpulling, servicincl or transportiggthe traps and r c iv rs- 3. Proposed time period and location to conduct tEWoperationsw and 4. Lobster trap_tagnumbers or number of traps and receivers to be pulled serviced or transported. by th- C Th m m re ue h r related inf rm i n prior to granting-9-r denying the waiver. JqJUD The waiver may include conditions such as time period to conduct Via# activities, landing prohibitions or any other criteria the department deems necessary. M(E)A copy of the waiver approved by the department shall be in the possession of the _wlobster operator permit holder when _ pulling, servicing, Qr transporting the traps and receivers. The lobster operator permit holder F94meymnaigulling, servicin or transporting the traps and receivers may retain lobsters caught in the traps contained in the receivers unlies§ Qtherwjse s ecified as a condition of he wivr. 3) From 15 days afterthe close of the commercial lobster season through September 15, an.LanLimited number of lobster traps may be retrieved by a lobster operator_permit holder or a department designee and transported to shore. Note: Authority cited: Sections 1050 and 7078 Fish and Game Code. Reference: Sections 7050 7055 7056 8250.5 8251 9002 and 9010 Fish and Game Code. Section 705, Title 14, CCR, is amended to read: 705. Commercial_Fishing Applications, Permits, Tags and Fees. ( ) '°pa Application Permit Processing Fees (US$) Fees (US$) _... _ INo..changes.to,subsection..(a)(1.)-(a)(8)(S)l. &9-*$4Dft 765.255 fi4 T1 Lobster Operator Permit and Trap Tags bear—'-A . .wth Inhafef season. 14 r (b) Transfer, Upgrade, or Change of Ownership Fees (US$) (1)(A} Lobster Operator Permit Transfer 500.00 Application, DFW 1702 (New 212016, incorporated by reference herein. [No changes to subsection (b)(2)-(b)(1 1)(c)] (c) Tags and Miscellaneous Fees (US$) [No changes to subsection (c)(1)-(c)(4)] (5) Lobster Operator Permit Catastrophic Lost Trap Tag Affidavit, DFW 1701 (New 212016), incorporated by reference herein, 2017 2042 (6) Lobster Operator Permit Catastrophic 1.25 Lost Trap Tag Fee per tag- �7) End of Season Spiny Lobster Trap Loss Reporting Affidavit DFW 1020 (New 02118116), incorporated by reference herein [No changes to subsection (d)] Note: Authority cited: Sections 713 and 1050, Fish and Game Code. Reference: Sections 713 and 1050, Fish and Game Code. 15