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Notice of Proposed Rulemaking: Risk Assessment Mitigation Program: Commercial Dungeness Crab Fishery

Final Statement of Reasons - Risk Assessment Mitigation Program - Dungeness Crab Commercial Fishery

October 26, 2020

In accordance with the Administrative Procedure Act, the Office of Administrative Law (OAL) approved, on October 19, 2020, the regulatory action to add Section 132.8 to Title 14, California Code of Regulations (CCR) for the Risk Assessment Mitigation Program (RAMP). The OAL regulatory file number for this OAL action is 2020-0902-02S.

Feedback from OAL included adding a non-substantive edit to the regulatory text, subsection 132.8(b)(4): “…in a manner that promotes fair and orderly fisheries” add “…as determined on a case by case basis,” and including this update in the Final Statement of Reasons (FSOR) and Informative Digest’s list of changes.

The new regulations (including new form) are effective as of November 1, 2020. More information is available at the Marine Region Whale Safe Fisheries web page.

The final approval to the rulemaking file consists of the following documents:

  • OAL Approval of Rulemaking File and Final Approved Regulatory Text (PDF)
  • Final Regulatory Text Section 132.8, CCR, Title 14 PRINTABLE (PDF)
  • Section 660.71, CFR - Latitude/longitude coordinates defining the 10-fm (18-m) through 40-fm (73-m) depth contours (PDF) Rev. Dec 12, 2018
  • Section 660.72, CFR - Latitude/longitude coordinates defining the 50 fm (91 m) through 75 fm (137 m) depth contours (PDF) Rev. Dec 12, 2018
  • Section 660.73, CFR - Latitude/longitude coordinates defining the 100 fm (183 m) through 150 fm (274 m) depth contours (PDF) Rev. Dec 12, 2018
  • NMFS Instruction (02-038-01), Process for Distinguishing Serious from Non-Serious Injury of Marine Mammals: Process for Injury Determinations, effective January 27, 2012
  • Final Statement of Reasons (PDF)
  • Appendix 1 to FSOR - General Responses to Public Comments Received (PDF)
  • Appendix 2 to FSOR - Specific Responses to Comments Received During Original 45-day Notice Period (PDF)
  • Appendix 3 to FSOR - Responses to Comments Received for the June 29, 2020 Public Hearing (PDF)
  • Appendix 4 to FSOR - Responses to Comments Received During 15-day Renotice Period (PDF)
  • Appendix 5 to FSOR - Responses to Comments Received During the August 3, 2020 Public Hearing (PDF)
  • Final Economic and Fiscal Impact Statement (Form 399) (The Department of Finance-approved STD399 is available by request at regulations@wildlife.ca.gov)

    • 15 Day Continuation Notice to California Notice Register No. Z-2020-0505-11 Re: Risk Assessment Mitigation Program - Dungeness Crab Commercial Fishery

    July 17, 2020

    The California Department of Fish and Wildlife (Department) published the Notice of Proposed Action to add Section 132.8 to Title 14, California Code of Regulations (CCR). The Office of Administrative Law (OAL) published the draft proposed regulations in the California Regulatory Notice Register on May 15, 2020, OAL Notice File No. z2020-0505-11, and were available for a 45-day public comment period through June 29, 2020 (the “Original Proposed Package”). A public hearing was held on June 29, 2020. This letter provides notice of a 15-day comment period on changes to the Original Proposed Package.

    This 15-day comment period allows for public comments only on the Amended Initial Statement of Reasons (ISOR), as indicated by bolded double strikeout and bolded double underline to the Original Proposed Package, not on the aspects of the package that were already noticed during the initial 45-day period. The comments and respective responses from the 45-day period, and comments with responses from the 15-day period, will be published with the Final Statement of Reasons (FSOR), around the time the Department would adopt the revised regulations, and before the planned effective date of November 1, 2020.

    The changes to the Original Proposed Package address public comments and concern related to how the RAMP would be implemented. The changes are described in the 15-day Re-Notice below and viewed in the amended regulatory text and ISOR.

    Any interested person, or his or her authorized representative, may submit written comments on the amended regulations and ISOR (i.e., changes to the Original Proposed Package) to the Department. All written comments must be received by the Department via mail, or e-mail, no later than 11:59 p.m. Monday, August 3, 2020, to the contact as follows:

    California Department of Fish and Wildlife, Marine Region
    Attn: Ryan Bartling, Sr. Environmental Scientist
    3637 Westwind Blvd, Santa Rosa, CA
    Email: WhaleSafeFisheries@wildlife.ca.gov

    PUBLIC DISCUSSION AND HEARING

    A virtual public hearing for just the proposed amendments is scheduled by as follows:
    Date: Monday, August 3, 2020
    Time: 10:00 a.m.
    Meeting details will be made available on the Whale Safe Fisheries
    Page: Whale Safe Fisheries
    Location: Teleconference and Webinar

    Please direct all questions on the substance of the proposed changes to the Original Proposed Package to the contact person listed above.

    The proposed revisions to the rulemaking file consist of the following documents:


    Notice of Department Rulemaking: Risk Assessment Mitigation Program: Dungeness Crab Commercial Fishery (add Section 132.8, Title 14, CCR)

    May 15, 2020

    The California Department of Fish and Wildlife (Department) has published the Notice of Proposed Action to add Section 132.8 to Title 14, California Code of Regulations (CCR). Section 8276.1 of the Fish and Game Code (FGC) requires the Department, in consultation with the California Dungeness Crab Fishing Gear Working Group (Working Group) and other stakeholders, to adopt regulations establishing criteria and protocols to assess and manage risk of marine life entanglement with fishing gear associated with the commercial Dungeness crab fishery.

    The Working Group has developed the Risk Assessment Mitigation Program (RAMP) to assess circumstances where entanglement risk may be elevated and provide recommendations on appropriate management responses to the Director of the Department (Director) to take action. The pilot RAMP program developed by the Working Group is the basis for the proposed regulations.

    The proposed RAMP regulations implement the program as required under FGC Section 8276.1(b). The RAMP, as listed by subsection, consists of the following:

    1. definitions;
    2. a risk assessment schedule;
    3. triggers for management actions;
    4. management considerations;
    5. management actions;
    6. notification process;
    7. mandatory reporting requirements; and
    8. alternative gear authorization.

    In accordance with the Administrative Procedure Act, the Department provided notice of the proposed regulatory action to the Office of Administrative Law for publication in the link opens in new windowCalifornia Regulatory Notice Register (PDF) on May 15, 2020.

    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 11:59 p.m. on June 29, 2020, to the contact as follows:

    California Department of Fish and Wildlife, Marine Region
    Attn: Ryan Bartling, Sr. Environmental Scientist
    3637 Westwind Blvd, Santa Rosa, CA
    Email: WhaleSafeFisheries@wildlife.ca.gov

    PUBLIC HEARING

    A virtual public hearing is scheduled by as follows:
    Date: Monday, June 29, 2020
    Time: 10:00 a.m. to 12:00 p.m.
    Meeting details will be made available on the Whale Safe Fisheries
    Page: Whale Safe Fisheries
    Location: Teleconference and Webinar

    The current rulemaking file for this proposal consists of the following documents:

    1. Notice of Proposed Action (PDF)
    2. Initial Statement of Reasons (ISOR) (PDF)
    3. Proposed regulation text to add Section 132.8 (Title 14, CCR; shown by underline) (PDF)
    4. Economic and Fiscal Impact Statement (Form 399) (PDF)
    5. Form 399 Addendum (PDF)
    6. Standardized Regulatory Impact Assessment (SRIA): Proposed Addition of Section 132.8, Title 14, California Code of Regulations for the RAMP: Commercial Dungeness Crab Fishery(February 2020) (Appendix A to ISOR) (PDF)
    7. Comments from the Dept. of Finance, and SRIA Supplement (Proposed Addition of Section 132.8, Title 14, CCR for the Risk Assessment Mitigation Program: Commercial Dungeness Crab Fishery, April 2020)(Appendix B to ISOR) (PDF)
    8. Documents Incorporated by Reference: Title 50, Code of Federal Regulations (CFR) Part 660, sections 660.71 through 660.74, as revised December 12, 2018:
      1. Section 660.71, CFR - Latitude/longitude coordinates defining the 10-fm (18-m) through 40-fm (73-m) depth contours
      2. Section 660.72, CFR - Latitude/longitude coordinates defining the 50 fm (91 m) through 75 fm (137 m) depth contours
      3. Section 660.73, CFR - Latitude/longitude coordinates defining the 100 fm (183 m) through 150 fm (274 m) depth contours
      4. Section 660.74, CFR - Latitude/longitude coordinates defining the 180 fm (329 m) through 250 fm (457 m) depth contours
    9. Documents supporting the proposed regulation change
      1. Senate Bill 1309, 2018, McGuire
      2. Benson, S.R., K.A. Forney, J.T. Harvey, J.V. Carretta, and P.H. Dutton (2007). Abundance, distribution, and habitat of leatherback turtles (Dermochelys coriacea) off California, 1990-2003. Fishery Bulletin, 105(3): 337–347
      3. Calambokidis, J., G.H. Steiger, C. Curtice, J. Harrison, M.C. Ferguson, E. Becker, M. DeAngelis, and S.M. Van Parijs. 2015. Biologically Important Areas for Selected Cetaceans Within U.S. Waters – West Coast Region.  Aquatic Mammals, 41(1): 39-53
      4. Carretta, J. V., K.A. Forney, E.M. Oleson, D.W. Weller, A.R. Lang, J. Baker, M.M. Muto, B. Hanson, A.J. Orr, H. Huber, M.S. Lowry, J. Barlow, J.E. Moore, D. Lynch, L. Carswell, and R.L. Brownell Jr. 2019. Humpback Whale ( Megaptera novaengliae): California/ Oregon/ Washington Stock (pp. 173-182), and Blue Whale ( Balaenoptera musculus musculus ): Eastern North Pacific Stock (pp. 183-190), In Assessment U.S. Pacific Marine Mammal Stock Assessments: 2018. U.S. Department of Commerce, NOAA Technical Memorandum NMFSSWFSC-617 .
      5. California Dungeness Crab Fishing Gear Working Group, Guidelines for Research and Development Projects, Focus on Ropeless Gear Innovations, February 2019 (PDF)
      6. California Dungeness Crab Fishing Gear Working Group, Recommendations Memo, November 12, 2019 (PDF)
      7. California Dungeness Crab Fishing Gear Working Group, Recommendations Memo, October 15, 2018 (PDF)
      8. California Dungeness Crab Fishing Gear Working Group, Call Summary, September 26, 2019 (PDF)
      9. California Dungeness Crab Fishing Gear Working Group, Summary of Key Themes, September 4-5, 2019 (PDF)
      10. California Dungeness Crab Fishing Gear Working Group, Summary of Key Themes, March 26, 2019 (PDF)
      11. California Dungeness Crab Fishing Gear Working Group Risk Assessment and Recommendation
      12. NMFS Policy Directive (PD-02-038), Process for Distinguishing Serious from Non-Serious Injury of Marine Mammals, effective January 27, 2012 (PDF)
      13. NMFS Instruction (02-038-01), Process for Distinguishing Serious from Non-Serious Injury of Marine Mammals: Process for Injury Determinations, effective January 27, 2012
      14. Saez, L., D. Lawson, and M. DeAngelis. 2020. Large whale entanglements off the U.S. West Coast, from 1982-2017. NOAA Tech. Memo. NMFS-OPR-63, 48 p.
      15. 64 Federal Register 102, May 27, 1999. North Pacific Fishery Management Council; Public Meetings, pages 28800-28802 (PDF).
      16. 77 Federal Register 4169, January 26, 2012. NOAA Endangered and Threatened Species: Final rule to revise the critical habitat designation for the endangered Leatherback Sea Turtle, pages 4170-4201 (PDF).