(a)
Permit Required for Take and Possession Using Trap Gear. Any vessel using traps
to take, possess aboard a vessel, or land Tanner crab (
Chionoecetes
spp.) for commercial purposes shall have a valid Tanner Crab Trap
Vessel Permit. Tanner crab taken incidentally in other trap fisheries may not
be possessed and must be immediately returned to the water unless the vessel is
issued a Tanner Crab Trap Vessel Permit. A Tanner Crab Trap Vessel Permit is
not required to incidentally take, possess or land Tanner crab with gear other
than trap gear. For purposes of this Section, the term "Tanner crab" includes
all species of the genus
Chionoecetes.
(1) Permit Issuance Provisions.
(A) An applicant is eligible to purchase a
Tanner Crab Trap Vessel Permit for placement on a vessel if the following
conditions are met:
1. The vessel must be
issued a valid commercial boat registration pursuant to Fish and Game Code
Section
7881.
2. The applicant must hold a valid commercial
fishing license issued pursuant to Fish and Game Code Section
7850.
3. The applicant must submit an application
and permit fee as specified in Section
705.
(B) There are no deadlines or late fees for
purchase of a Tanner Crab Trap Vessel Permit. The sale of Tanner Crab Trap
Vessel Permits is not restricted and therefore permits are not subject to
renewal requirements.
(2)
Permit Fee. The Department shall charge a fee as specified in Section
705 for a Tanner Crab Trap Vessel
Permit.
(3) Other Permits Required,
(A) Any person who operates or assists on any
vessel for purposes of taking, transporting or landing Tanner crab under
authority of a Tanner Crab Trap Vessel Permit shall possess a valid commercial
fishing license issued pursuant to Fish and Game Code Section
7850,
unless expressly exempted by that Section.
(B) Any person operating under authority of
Fish and Game Code Section
7850
who operates or assists on any vessel when trap gear is aboard for purposes of
taking, transporting or landing Tanner crab under authority of a Tanner Crab
Trap Vessel Permit shall also possess a valid General Trap Permit issued
pursuant to Fish and Game Code Section
9001.
(4) Tanner Crab Trap Construction
Requirements, Specifications, and Limits.
(A)
State Trapping Requirements. As a condition of this permit, Tanner crab traps
and commercial Tanner crab trap fishing activities are subject to statutes and
regulations that define and specify the following general trap requirements:
trap logbooks and submission requirements, trap destruction devices, disturbing
traps of another, trap servicing intervals not to exceed 96 hours, trap marker
buoys, and other trap and buoy identification requirements. These statutes and
regulations are defined in Fish and Game Code sections
9001,
9002,
9003,
9004,
9005,
9006,
9007,
and
9008,
and sections
180,
180.2,
180.5, and
190, Title 14, CCR.
(B) Trap Construction and Dimensional
Requirements.
1. Escape Ports. Every Tanner
crab trap shall have at least three openings of at least 4.5 inches in diameter
in the side or upper panels of the trap to allow for escapement of undersized
crab. The 4.5-inch measurement of the opening shall be taken at its smallest
inside diameter. The openings may be constructed with a rigid opening such as a
ring or as part of a mesh panel. At the time of measurement, the trap shall be
set upright as if it were in use. If the opening is non-rigid or contained
within pliable mesh, the smallest inside diameter measurement shall be taken so
that a rigid cylindrical measuring device 4.5 inches in its outside diameter
and at least three inches in length shall be able to pass easily through the
opening.
2. Trap Dimensional
Requirements. Tanner crab traps must not be more than 10 feet long and not more
than 10 feet wide and not more than 42 inches high, as measured by the greatest
distance in each dimension.
(C) Trap Destruction Devices. Traps utilized
under authority of a Tanner Crab Trap Vessel Permit must contain a trap
destruction device meeting the requirements for Tanner crab traps specified in
Section
180.2, Title 14, CCR.
(D) Prohibition on Pop-Ups. Timed buoy
release mechanisms capable of submerging a buoy attached to a trap, commonly
known as "pop-ups," shall not be used on buoy lines attached to Tanner crab
traps, and shall not be possessed by any commercial vessel while taking,
attempting to take, or possessing Tanner crabs.
(E) Depth Requirement. Tanner crab traps
shall only be placed or otherwise used in water depths greater than 300
fathoms.
(F) Each string of traps
shall be marked with a buoy on each end of the string that is marked with the
vessel's commercial boat registration number issued by the department pursuant
to Fish and Game Code Section
7881.
Each buoy marking any tanner crab trap shall comply with marking requirements
set forth in Section
180.5 of these regulations. A
vessel fishing under authority of a Tanner Crab Trap Vessel Permit may only
take, possess aboard a vessel, transport, deliver, or land Tanner crab from
traps marked with the vessel's own registration number.
(G) Disturbing Traps Prohibited. It is
unlawful to willfully or recklessly disturb, move or damage any trap or
attachment thereof that belongs to another owner and that is marked with a
vessel registration number and the letters "TC." However, a person aboard a
permitted vessel may pull or raise a trap marked with a buoy bearing a vessel
registration number and the letters "TC" other than his own, but must have
written permission in his or her immediate possession from the permittee whose
vessel registration number is marked on the buoy. This subsection does not
apply to employees of the department while engaged in the performance of
official duties. Employees of the department may disclose the name, address,
and registration number of Tanner Crab Trap Vessel permittees to
representatives of public safety agencies to assist in the return of traps and
attachments to their proper owners. This subsection does not create any duty on
any state or local agency to remove or move a trap, line, or buoy that may
endanger the public safety and does not create any liability to Part 2
(commencing with Section
814) of Division 3.6 of Title 1 of
the Government Code.
(H) Trap and
String Limits. No more than 480 traps may be submerged or otherwise used per
permitted vessel. Not more than six strings with not more than 80 traps per
string shall be submerged or otherwise used. All traps must be fished on a
string of traps. For purposes of this Section, "string" means individual traps
that are connected by line or other means.
(5) Processing at Sea. Vessels may process
crabs at sea and land them in a condition other than whole pursuant to the
requirements of this Section.
(A) For
purposes of this Section, the term "processing" shall not be equated to the
term or activity of "Process fish" as defined in Fish and Game Code Section
8031.
(B) If Tanner crab is not landed in the
round, the whole-weight conversion factor that shall be applied is 1.61. At the
time the landing receipt is completed pursuant to Fish and Game Code Section
8043,
the processed weight shall be recorded in the "Pounds" section and the
converted whole weight, in pounds, shall be recorded in the space marked "Note
Pad" on the landing receipt.
(C)
For purposes of landing tax payments as required and specified by Fish and Game
Code sections
8041
and
8051,
for Tanner crab landed in processed condition, tax payments shall be computed
and paid based on the converted whole weight.
(6) Cumulative Vessel Trip Limits.
(A) A cumulative trip limit is the total
number of pounds of Tanner crab that may be taken and retained, possessed, or
landed by a vessel in a two-month period without a limit on the number of
landings or trips. The cumulative trip limit per vessel per designated
two-month limit period is 250,000 pounds of whole crab. For purposes of
calculating catch against a cumulative vessel trip limit, all landings of
processed crab shall be converted to the whole-weight equivalent as described
in subsection (a)(5)(B).
(B)
Cumulative trip limit periods start at 0001 hours local time, end at 2400 hours
local time, and are in two month periods as follows:
1. January 1 through the last day of
February,
2. March 1-April
30,
3. May 1-June 30,
4. July 1-August 31,
5. September 1-October 31,
6. November 1-December
31.
(C) All landings made
in a vessel's registration number listed on landing receipts submitted to the
department pursuant to Fish and Game Code Section
8043
count toward the cumulative trip limit for the two month period that
corresponds to the date on the receipt. Such receipts must accurately record
the weight of Tanner crab landed.
(D) Copies of all landing receipts which
document the catch of Tanner crab shall be kept onboard the fishing vessel
throughout, and for 15 days following, each period for which cumulative
landings by individual vessels are limited.
(E) When the seasonal catch limit defined in
subsection (b) is reached and action to close the fishery is taken, cumulative
trip limits defined in this subsection become inoperative.
(7) Incidental Landings and Allowances.
(A) No more than five percent of the total
possessed or landed catch by weight may be comprised of invertebrates other
than Tanner crab. All crab and other invertebrates taken in Tanner crab traps,
except for crab of the genus Cancer (including but not limited to Dungeness
crab and rock crab) may be landed and sold incidentally under authority of a
Tanner Crab Trap Vessel Permit.
(B)
All finfish taken in Tanner crab traps, with the exception of sablefish, shall
immediately be returned to the water. Sablefish may be landed if authorized
pursuant to Federal groundfish regulations.
(C) No invertebrates or finfish taken in
Tanner crab traps may be used as bait.
(8) Observer Requirements and Cooperation
with Observer Programs.
(A) Each permittee is
required to carry an observer onboard to gather biological, fishery and bycatch
information during Tanner crab fishery operations according to the
specifications defined in this subsection. The permittee shall contract with
either a National Marine Fisheries Service (NMFS)-certified observer provider
firm, or a private individual who is certified either as a NMFS observer or as
a crab observer by the Alaska Department of Fish and Game. The Tanner Crab Trap
Vessel permittee shall be liable for a violation of any terms or conditions of
this subsection.
1. Prior to contracting, the
permittee is required to acquire department approval of the selected provider
firm or private individual. The department shall review the qualifications of
the observer with whom the vessel wishes to contract with, and may reject the
individual or firm. Request for department approval shall be directed to the
department's Marine Region Regional Manager or his or her designee, and must be
sought by phone at (562) 342-7108, and in writing to the department's office at
3030 Old Ranch Parkway, Suite 400, Seal Beach, CA 90740. Requests for approval
must be made at least 60 days prior to the planned commencement of fishing
activity. At the time the request is made, the permittee must also notify the
department of the anticipated start date of fishing activity.
2. As a condition of the contract, the
observer shall collect biological and fishery data as requested by the
department. Data to be collected by the observer shall include vessel
identification, date and time, information on catch, incidental take, sex
ratio, size, maturity, condition and quality factors, weight, discards, gear
specifications, vessel position and depth, trap soak time, number of traps set
and pulled, and a summary of the vessel's daily activities and interactions
with other vessels or fisheries compiled in a daily observation report. As
needed, the department may request the observer to provide additional
information that is similar in scope and nature to the aforementioned items.
The permittee is required to ensure that while aboard, the observer is
gathering data at all times when the vessel is engaged in fishing
activity.
3. The department will
provide all necessary sampling materials, equipment and a computer to the
selected provider firm or individual for the observer's use aboard the vessel.
The permittee shall ensure that the sampling materials, equipment and computer
are returned to the department following completion of the observer's duties.
Observer safety equipment needs and safety specifications shall be arranged by
the permittee with the selected provider firm or private individual, and shall
not be the responsibility of the department.
4. The contract between the permittee and the
selected provider firm or private individual shall specify that data collected
aboard the vessel shall be the property of the department.
5. The permittee shall ensure that all data
collected or reported by the observer shall be delivered to the department
office at 3030 Old Ranch Parkway, Suite 400, Seal Beach, CA 90740 on or before
the 10th day of each month following the month to which the observer's records
pertain. Observer records that are mailed shall be postmarked on or before the
10th day of each month following the month to which the records
pertain.
6. The permittee shall
ensure that the data and all reports and documentation are collected by the
observer on paper data sheets, entered into a computer provided by the
department, and provided to the department in electronic format according to
the submission procedures described in this subsection. Paper data sheets used
onboard the vessel shall be included with the electronic data submitted to the
department.
(B) As a
condition of a Tanner Crab Trap Vessel Permit, the permittee is required to
have an observer onboard at the time the vessel's fishing activity commences
each fishing season, and during all fishing operations that occur over the
sixty consecutive days that follow. A vessel's fishing activity commences at
the time that a trap is deployed for purposes of commercially harvesting Tanner
crab.
(C) All vessels and persons
operating under authority of a Tanner Crab Trap Vessel Permit are subject to
provisions of Section
105.5, Title 14, CCR. The crew
must allow personnel designated by the department to board any commercial
fishing vessel, conveyance, or other mechanical device used under authority of
a Tanner Crab Trap Vessel Permit, to observe or inspect equipment, procedures,
crabs, other invertebrates or fish.
(9) Permit Revocation and Violations.
(A) Pursuant to Fish and Game Code subsection
1052(b), a Tanner
Crab Trap Vessel Permit shall be revoked if the applicant or permittee submits
false information for the purposes of obtaining a permit.
(B) Any Tanner Crab Trap Vessel Permit may be
suspended, revoked or cancelled by the commission upon notice by the department
of a violation by a permit holder, or any person acting under authority of his
or her permit, of Fish and Game Code sections
9001,
9002,
9003,
9004,
9005,
9006,
9007,
and
9008,
sections
105.5,
180,
180.2,
180.5, and
190, Title 14, CCR, the
regulations of this Section, or other provisions of the Fish and Game Code or
regulations of the Fish and Game Commission relating to crabs, traps, and times
or areas closed to fishing.
(C) The
Tanner Crab Trap Vessel Permit holder shall be liable for any violations
committed by him or her of Fish and Game Code sections
9001,
9002,
9003,
9004,
9005,
9006,
9007,
and
9008,
sections
105.5,
180,
180.2,
180.5, and
190, Title 14, CCR, the
regulations of this Section, or other provisions of the Fish and Game Code or
regulations of the Fish and Game Commission relating to crabs, traps, and times
or areas closed to fishing. The Tanner Crab Trap Vessel Permit holder shall
also be liable for violations committed by any other person operating under the
authority of his or her permit. Additionally, any such other person is liable
for his or her own violations.
(b) Seasonal Catch Limit. For the period from
April 1 through March 31 of the following year, a total of not more than two
million pounds of Tanner crab may be landed in California. For purposes of this
catch limit, all landings of processed crab shall be converted to the
whole-weight equivalent as described in subsection (a)(5)(B). The directed trap
fishery closure shall be implemented as follows:
(1) Mechanism for Fishery Closure. The
department will estimate from the current trends in catch and using available
scientific information the time at which the catch limit will be reached. The
department will close the directed trap fishery at the time the catch limit is
reached or is projected to be reached prior to the end of the fishing
year.
(2) The department shall give
holders of Tanner Crab Trap Vessel Permits described in subsection (a) no less
than 10 days notice of the closure via a notification letter sent to the
permittee's address on file with the department. The department shall give the
public and the commission no less than 10 days notice of the closure via a
department news release.
(3) When
the Tanner crab catch limit has been reached, Tanner crab may continue to be
taken incidentally in other fisheries where a Tanner Crab Trap Vessel Permit is
not required.