Proposed Action: Expanded Retrieval of Lost or Abandoned Commercial Dungeness Crab Traps (Certificate of Compliance)
Notice of Proposed Rulemaking: Expanded Retrieval of Lost or Abandoned Commercial Dungeness Crab Traps (Amend Section (§) 132.2, Title 14, California Code of Regulations (CCR))
September 27, 2024
The California Department of Fish and Wildlife (Department) has proposed amendments to Section (§) 132.2, Title 14, California Code of Regulations (CCR). The purpose of this proposed regulatory change is to continue existing regulations put in place by emergency action (OAL # 2024-0301-01E and 2024-0826-02EE) by way of a “Certificate of Compliance” regular rulemaking. The purpose of this proposed regulatory change is to continue the existing regulations put in place by emergency action (OAL #2024-0301-01E and 2024-0826-02EE) by way of a certificate of compliance regular rulemaking.
The Department’s proposed action would add a new requirement that retrieving vessel operators document why they believe traps are derelict and subject to retrieval, establish an enhanced reporting requirement to track locations and amount of derelict gear for management and law enforcement purposes, specify that vessel operators retrieving traps may not possess more than six retrieved traps on board when transiting open Fishing Zones, and specify that the Director can authorize the retrieval of an unlimited number of derelict traps during a fishery closure or season delay.
After consideration of all public comments, objections, and recommendations regarding the proposed action, the Department may adopt the proposed regulations.
Public Hearing
A virtual public hearing is scheduled by as follows:
Date: Tuesday, November 12, 2024
Time: 10 a.m. to 12 p.m. (meeting details also available at the Whale Safe Fisheries web page)
Location: Teleconference and Webinar
Microsoft Teams Meeting
Meeting ID: 257 059 785 632
Passcode: ubr9iE
Dial in by phone
+1 916-535-0984,,852409348# United States, Fair Oaks
Find a local number
Phone conference ID: 852 409 348#
At the public hearing, any person may present statements or arguments orally or in writing relevant to the proposed action described in the Informative Digest. The Department requests, but does not require, that the persons who make oral comments at the hearing also submit a written copy of their testimony at the hearing.
Written Comment Period
Any interested person, or his or her authorized representative, may submit written comments on the proposed action to the department. all written comments must be received by the department via mail, or e-mail, no later than Tuesday, November 12, 2024, to the contact as follows:
California Department of Fish and Wildlife
ATTN: Chelle Temple-King, Sr. Environmental Scientist
P.O. Box 944209
Sacramento, CA 94244-2090
Email: regulations@Wildlife.ca.gov
The current rulemaking file for this proposal consists of the following documents:
OAL approval of 90-day Extension of Emergency Regulations: Expand Retrieval of Lost or Abandoned Commercial Dungeness Crab Traps (Amend Section (§) 132.2, Title 14, California Code of Regulations (CCR))
September 5, 2024
OAL approved the 90-day extension of the emergency regulations, effective September 5, 2024 through December 5, 2024. CDFW plans to request a second 90-day re-adoption to extend the regulation into early 2025.
Notice of Proposed 90-day Extension of Emergency Regulations: Expand Retrieval of Lost or Abandoned Commercial Dungeness Crab Traps (Amend Section (§) 132.2, Title 14, California Code of Regulations (CCR))
August 19, 2024
The California Department of Fish and Wildlife (Department) proposes to re-adopt amendments to Section 132.2, Title 14, California Code of Regulations (CCR) to improve and expand opportunities for retrieval of lost, damaged, abandoned, or otherwise derelict commercial Dungeness crab traps (hereafter “lost or abandoned traps”). The Department's readoption of the emergency 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.
The Department's proposed action would readopt and extend the emergency regulations implemented March 8, 2024. 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. The Department 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.
From 2020 to 2024, at least 12 humpback whales and one leatherback sea turtle have been entangled with California commercial Dungeness crab traps, with an additional 18 humpback whales reported as entangled in unidentified gear which could have originated from the California commercial Dungeness crab fishery. This is despite the Department’s management under the Risk Assessment and Mitigation Program (RAMP; §132.8, Title 14, CCR), through which the department has imposed season delays, early closures, depth constraints, and reductions in allowable traps to limit entanglements of endangered species. The high number of recent entanglements also hinders progress towards California's goal of zero entanglement mortality and could jeopardize future issuance of an incidental take permit under the Federal Endangered Species Act for the commercial Dungeness crab fishery, which would further reduce fishing opportunities for coastal communities.
Written Comment Period for 90-Day Extension
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 the Department submits the emergency regulations to OAL for review. The Department anticipates it will submit the rulemaking to OAL on or after August 26, 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.
Reference submitted comments as regarding “CDFW Emergency Regulation Re-Adoption: Dungeness Crab Trap Retrieval” addressed to:
Reference Attorney
Office of Administrative Law
300 Capitol Mall, Suite 1250
Sacramento, CA95814
staff@oal.ca.gov
California Department of Fish and Wildlife
ATTN: Chelle Temple-King
P.O. Box 944209
Sacramento, CA 94244-2090
regulations@wildlife.ca.gov
Rulemaking Documents for 90-Day Extension
The current rulemaking file for this proposal consists of the following documents:
OAL 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 Procedures Act, the Office of Administrative Law (OAL) approved, 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 through September 5, 2024 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.
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
staff@oal.ca.gov
California Department of Fish and Wildlife
ATTN: Chelle Temple-King
P.O Box 944209
Sacramento, CA 94244-2090
regulations@wildlife.ca.gov
Rulemaking Documents
the current rulemaking file for this proposal consists of the following documents: