Whale Safe Fisheries

The Risk Assessment and Mitigation Program (RAMP) was piloted by the California Dungeness Crab Fishing Gear Working Group (Working Group) and codified in regulation on November 1, 2020. At least monthly, CDFW will assess marine life entanglement risk for Humpback Whales, Blue Whales, and Pacific Leatherback Sea Turtles based on the best available science related to Confirmed Entanglements and Marine Life Concentrations. Marine Life Concentrations are monitored primarily through aerial and vessel surveys, as well as satellite telemetry conducted by CDFW and other partners.

When risk is elevated, CDFW will consult with the Working Group to review other available information prior to implementing a management action. Actions may include:

• Fleet advisories
• Fishing depth constraints
• Vertical line reductions
• Fishery closures
• Use of approved Alternative Gear (for closures after April 1)

All documents related to the risk assessments, including available data under consideration by CDFW and the Working Group, will be posted on this web page. To submit additional information for consideration by CDFW or the Working Group, please email WhaleSafeFisheries@wildlife.ca.gov.

CDFW is seeking an Incidental Take Permit (ITP) for listed marine species under Section 10 of the federal Endangered Species Act for the Dungeness crab fishery. CDFW is current developing a draft Conservation Plan as part of applying for an ITP. CDFW is committed to a transparent process that incorporates input from a wide range of stakeholders as we prepare the draft Conservation Plan and complete the ITP application.

On May 15, 2020 CDFW submitted a draft Conservation Plan for California’s Commercial Dungeness Crab Fishery to the National Oceanic and Atmospheric Administration. This draft Conservation Plan describes a comprehensive strategy to monitor, minimize and mitigate accidental entanglement of federally protected humpback whales, blue whales and Pacific leatherback sea turtles in California commercial Dungeness crab fishing gear. 

• Draft Conservation Plan for California's Commercial Dungeness Crab Fishery (PDF)
  May 15, 2020
• Notice of Intent letter from CDFW to National Marine Fisheries Service (PDF)
  November 26, 2018
• Habitat Conservation Plans Under the Endangered Species Act (PDF)
  US Fish and Wildlife Service FAQ Flyer, April 2011
• US Fish and Wildlife Service HCP Handbook

Update: 2020 retrieval operations are complete. CDFW will contact Dungeness crab vessel permitholders regarding owed Department Trap Fees in December 2020. Permit applications for the 2021 program will be posted in February 2021.

The CDFW Trap Gear Retrieval Program allows for retrieval of lost or abandoned commercial Dungeness crab fishing gear following the close of the commercial season. Qualified entities (charitable organizations, sport or commercial fishing associations, local government agencies, and harbor districts) can apply for a Lost or Abandoned Commercial Dungeness Crab Trap Gear Retrieval Permit. Under the program, Retrieval Permittees are entitled to compensation from the responsible Dungeness crab vessel permitholder in exchange for return of the retrieved gear. If compensation is not provided, CDFW issues a payment to the Retrieval Permittee and assesses the Department Trap Fee on a per-trap basis. Dungeness crab vessel permitholders must pay the Department Trap Fee prior to renewing or transferring their permit.

Additional information about this program is available on CDFW's regulations page or by contacting WhaleSafeFisheries@wildlife.ca.gov.

CDFW supports development and testing of fishing gear modifications and innovations aimed at reducing the risk of entanglement with Dungeness crab fishing gear. 

CDFW is partnering with the California Ocean Protection Council and National Marine Sanctuary Foundation to test both innovative pop-up gear and "low tech" gear modifications during Spring 2021. View more details about the testing project. Interested participants should contact WhaleSafeFisheries@wildlife.ca.gov for more information.

CDFW has produced guidance (PDF) for individuals interested in testing fishing gear innovations. CDFW also recommends reviewing the Working Group ropeless gear guidelines (PDF); many of these guidelines are applicable to development and testing of other fishing gear modifications and innovations.

The Risk Assessment and Mitigation Program (Section 132.8(h), Title 14, California Code of Regulations (PDF)) establishes a process for certification of innovative gear types which reduce marine life entanglement risk as Alternative Gear. If you are interested in Alternative Gear Authorization please contact WhaleSafeFisheries@wildlife.ca.gov. Once certified, Alternative Gear can be used between April 1 and the close of the commercial Dungeness crab season in areas otherwise closed to commercial Dungeness crab fishing when authorized by the CDFW Director. Requests for authorization will be posted below as they become available.

Current rulemakings

• Recreational Crab Fishery: The Fish and Game Commission is considering new regulations to address marine life entanglement risk in the recreational crab fishery.

Recently completed rulemakings

• Risk Assessment and Mitigation Program
• Standardized Trap Gear Marking Requirements
• Trap Gear Retrieval Program

In partnership with the National Marine Fisheries Service and the California Ocean Protection Council, CDFW convened the California Dungeness Crab Fishing Gear Working Group (Working Group) in September 2015. The Working Group is comprised of commercial and recreational fishermen, environmental organization representatives, members of the disentanglement network, and state and federal agencies working to develop and implement innovative approaches to reducing marine life entanglement risk while supporting a thriving Dungeness crab fishery. More information about the Working Group, including their current Charter and membership list, is available on the Ocean Protection Council website.

Materials related to Working Group risk assessment and management consideration meetings beginning with the 2019-20 fishing season can be found on the Risk Assessment & Mitigation tab. Other Working Group meetings are listed below.