Approval of Proposed Emergency Rulemaking: Expand Retrieval of Lost or Abandoned Commercial Dungeness Crab Traps (Amend Section (§) 132.2, Title 14, California Code of Regulations (CCR))
March 8, 2024
In accordance with the Administrative Procedure Act, the Office of Administrative Law (OAL) approved(opens in new tab), on March 8, 2024, the regulatory action to amend Section 132.2, Title 14, California Code of Regulations (CCR). The OAL regulatory file number for this OAL action is 2024-0301-01E. In its review, OAL only made non-substantive edits, such as punctuation or spacing, or adjusted some references. The new regulations are effective as of March 8, 2024, and are in effect for at least 180 days pursuant to Government Code Section 11346.1 and 11349.6. The final approval to the rulemaking file consists of the following documents:
Notice of Proposed Emergency Rulemaking: Expand Retrieval of Lost or Abandoned Commercial Dungeness Crab Traps (Amend Section (§) 132.2, Title 14, California Code of Regulations (CCR))
February 22, 2024
The California Department of Fish and Wildlife (CDFW) is providing Notice of Proposed Emergency Action to amend Section 132.2, Title 14, California Code of Regulations (CCR).
This is an emergency action to improve and expand opportunities for retrieval of lost, damaged, abandoned, or otherwise derelict commercial Dungeness crab traps (hereafter “lost or abandoned traps”). CDFW’s proposed action would allow permitted Dungeness crab vessels to retrieve an unlimited number of lost or abandoned traps as authorized by the CDFW Director pursuant to §132.8(f), Title 14, CCR and clarify activities under the amended subsection are notwithstanding the general prohibitions established by Fish and Game Code §9002.
Up to 4,000 commercial Dungeness crab traps are lost during each fishing season and pose a risk of entangling marine life, including endangered species such as humpback whales, blue whales, and leatherback sea turtles. In their current form, the two regulatory provisions allowing for retrieval of lost or abandoned commercial Dungeness crab traps (§§ 132.2 and 132.7, Title 14, CCR) do not provide sufficient opportunity for trap retrieval. CDFW and the California Dungeness Crab Fishing Gear Working Group have identified a need to improve and expand retrieval of lost or abandoned traps to avoid entanglements of endangered species following the close of the 2023-24 fishing season.
Written Comment Period
Any interested person may present statements, arguments, or contentions, in writing, submitted via U.S. mail or e-mail, relevant to the proposed emergency regulatory action. Written comments submitted via U.S. mail or email must be received at the Office of Administrative Law (OAL) within five days after CDFW submits the emergency regulations to OAL for review. The Department anticipates it will submit the rulemaking to OAL on or after February 29, 2024. For the status of CDFW’s submittal to OAL for review, and the end of the five-day written submittal period, consult the OAL website > Emergency Regulations Under Review(opens in new tab).
Reference submitted comments as regarding “CDFW Emergency Regulations: Dungeness Crab Trap Retrieval” and address to:
Reference Attorney
Office of Administrative Law
300 Capitol Mall, Suite 1250
Sacramento, CA 95814
Email: staff@oal.ca.gov
Department of Fish and Wildlife
Attn: Chelle Temple-King
P.O. Box 944209
Sacramento,
CA 94244-2090
Email: regulations@wildlife.ca.gov
Documents
The current rulemaking file for this proposal consists of the following documents: