Final Approval of Standardized Commercial Trap Marking Program (Sections 122.1, 125, 126.1, 180.1, and 180.5, Title 14, CCR)
In accordance with the Administrative Procedure Act, the Office of Administrative Law (OAL) approved, on October 28, 2019, the regulatory action to amend sections 122.1, 125, 126.1, 180.1, and 180.5, Title 14, California Code of Regulations, relating to the Standardized Commercial Trap Marking Program The OAL regulatory file number for this OAL action is 2019-1016-01S.
The new commercial trap marking regulations are listed in Section 180.5, but include refinements to the other regulatory sections as well. They are effective as of October 28, 2019.
The final approval to the rulemaking file consists of the following documents:
The files for the 45-day continuation notice (August 2019) and initial 45-day notice (June 2019) can be found below.
45 Day Continuation Notice to California Notice Register 2019, No. Z-2019-0611-06 Re: Standardized Commercial Trap Marking Program (Sections 122.1, 125, 126.1, 180.1, and 180.5, Title 14, CCR)
August 20, 2019
In accordance with Government Code Section 11346.4(a) of Administrative Procedure Act, the California Department of Fish and Wildlife (Department) is posting notice of a 45-day continuation comment period of the proposed action to amend sections 122.1, 125, 126.1, 180.1, and 180.5, Title 14, California Code of Regulations (CCR) RE: Standardized Commercial Trap Marking Program. The proposed regulations and associated documents were published in the California Regulatory Notice Register on June 21, 2019, No. 25-Z: File Z-2019-0611-06, and were available for a 45-day public comment period through August 6, 2019 (the “Original Proposed Package”). A public hearing was held on August 6, 2019 in Monterey.
There are no proposed changes to the Original Proposed Package with this 45-day comment period continuation.
However, this 45-day comment period extension serves to correct an oversight for certain interested parties who did not receive electronic or hard copy notice of availability of the Original Proposed Package during the June 2019 mailing, consistent with Government Code Section 11346.4(a) and Section 86, Title 1, CCR. In the interest of transparency, the Department is notifying the full list of interested parties (consisting of primarily commercial fishermen of the affected trap fisheries – lobster, rock crab, tanner crab, spot prawn, coonstripe shrimp and nearshore finfish), including those who received the notice in June 2019.
Any interested person, or his or her authorized representative, may submit written comments on the Original Proposed Package. All written comments must be received by the Department via mail, or e-mail, no later than midnight on Friday, October 4, 2019, to the contact as follows:
California Department of Fish and Wildlife
Regulations Unit – Standardized Commercial Trap Marking Program
Attn: Ona Alminas, Sr. Environmental Scientist
1416 Ninth Street, Room 1342-A
Sacramento, CA 95814
Email: Regulations@wildlife.ca.gov
The Department will also receive written and oral comments during a public hearing scheduled at the following wheelchair accessible location:
Monday, October 7, 2019
10:00 a.m. to 12:00 p.m.
Department Monterey Office, Large Conference Room,
20 Lower Ragsdale Drive, Suite 100, Monterey, CA, 93940
The rulemaking file consists of the following documents:
Notice of Proposed Rulemaking: Standardized Commercial Trap Marking Program (amend sections 122.1, 125, 126.1, 180.1, & 180.5, Title 14, CCR)
June 21, 2019
The California Department of Fish and Wildlife (Department) has published the Notice of Proposed Action to amend sections 122.1, 125, 126.1, 180.1, & 180.5 to Title 14, California Code of Regulations (CCR), implementing a standardized system of marking commercial trap gear required by Senate Bill 1309 (SB 1309; Fisheries Omnibus Bill of 2018, McGuire) and changes to Section 9005 of the Fish and Game Code (FGC).
The goal of the proposed “Standardized Commercial Trap Marking Program” (Marking Program) is to establish a standardized framework for marking commercial fishing gear to better identify the commercial trap fisheries involved in marine life entanglement events. Identifying the trap fishery gear involved in marine life entanglements would allow the State to direct resources to those fisheries with the greatest contribution to entanglement. The proposed Marking Program would improve and expand upon existing buoy markings required by regulation and statute, affecting six commercial trap fisheries: Spiny Lobster, Rock Crab, Tanner Crab, Spot Prawn, Coonstripe Shrimp, and Nearshore Finfish (e.g., California Sheephead, Cabezon).
In accordance with the Administrative Procedure Act, the proposed rulemaking was noticed in the California Regulatory Notice Register, and the 45-day public comment period begins June 21, 2019. The Department will receive written and oral comments at a public hearing scheduled at the following wheelchair accessible location:
Tuesday, August 6, 2019
10:00 a.m. to 12:00 p.m.
Department Monterey Office, Large Conference Room,
20 Lower Ragsdale Drive, Suite 100, Monterey, CA, 93940
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 5:00 p.m. on Tuesday, August 6, 2019, to the contact as follows:
California Department of Fish and Wildlife, Regulations Unit
Attn: Ona Alminas, Sr. Environmental Scientist
1416 9th Street, Room 1342-A
Sacramento, CA 95814
Email: Regulations@wildlife.ca.gov
Notice of Proposed Action (PDF)- California Regulatory Notice Register, June 25-z (PDF)
- Initial Statement of Reasons (ISOR) (PDF)
- Proposed amendments to sections 122.1, 122.1, 125, 126.1, 180.1, & 180.5 regulatory text (PDF) (Title 14, CCR; shown by strikeout/ underline)
- Economic and Fiscal Impact Statement (Form 399) and addendum (PDF)
- Pacific States Marine Fisheries Commission and National Oceanic Atmospheric Administration (2018). Forensic Review Workshop Report- Reviewing Gear Involved in West Cost Whale Entanglement (PDF) -document relied upon