Cal. Code Regs. Tit. 14, § 132.1 - Dungeness Crab Trap Tags, Biennial Buoy Tags, and Trap and Buoy Tag Allocations
(a) Dungeness Crab Trap Tags. Every Dungeness
crab trap aboard a permitted Dungeness crab vessel and fished in California
waters shall have a valid tag attached to the Dungeness crab trap.
(1) Dungeness crab trap tags shall be
supplied by the owner of the Dungeness crab trap and shall contain the trap
owner's telephone number.
(2) A
Dungeness crab trap tag is required on Dungeness crab traps onboard a permitted
Dungeness crab vessel.
(3) If the
information on the tag is illegible or incorrect, or if the tag is missing from
the Dungeness crab trap for any reason, the trap shall be considered not in
compliance, and shall not be used to take Dungeness crab for commercial
purposes.
(b) Dungeness
Crab Biennial Buoy Tags. As required by Section
9005 of
the Fish and Game Code, every Dungeness crab trap placed in waters of the state
to take Dungeness crab for commercial purposes shall be marked with a buoy.
Each Dungeness crab trap on board or fished from a permitted Dungeness crab
vessel is required to have a biennial buoy tag affixed to the main buoy, known
hereafter as buoy tag, pursuant to the provisions of Section
8276.5(a)(1)(D)
of the Fish and Game Code. The buoy tag shall contain the department-assigned
Dungeness crab vessel permit number and trap tier number. All of the buoy tags
allocated to each Dungeness crab vessel permit as described in this Section and
Section 8276.5(a)(1) of the Fish and Game Code shall be purchased by the
permitholder biennially at the same time a Dungeness crab vessel permit is
purchased or the permit shall be void pursuant to Section 8276.5(a)(3)(A) of
the Fish and Game Code. The nonrefundable fee for each buoy tag is $5.00.
(1) Buoy tags shall not be leased and shall
be transferred to another person only as part of a transaction authorized under
Section
8280.3
of the Fish and Game Code.
(2) A
Dungeness crab trap used in compliance with this section shall only be used for
the commercial take of Dungeness crab.
(A)
Any person with a valid northern or southern rock crab permit aboard a
permitted Dungeness crab vessel shall not fish with rock crab traps 30 days
prior to the pre-soak period prescribed in Section
8283 of
the Fish and Game Code or commercial Dungeness crab season opener, whichever
comes first.
(B) Notwithstanding
Section
9012 of
the Fish and Game Code, vessels with both a valid commercial passenger fishing
vessel license and a valid Dungeness crab vessel permit may only fish for
Dungeness crab during the commercial Dungeness crab season. In Districts 6 and
7, after the close of the commercial Dungeness crab season, vessels with both a
valid commercial passenger fishing vessel license and a valid Dungeness crab
vessel permit may fish only under the provisions of their commercial passenger
fishing vessel license until the close of the recreational
season.
(c)
Dungeness Crab Trap Buoy Tag Allocations.
(1)
Pursuant to Section
8276.5(a)(1)
of the Fish and Game Code, the Dungeness crab trap limit program shall contain
seven tiers of Dungeness crab trap limits based on California landings.
Landings shall be documented by fish landing receipts submitted to the
department in the vessel's name and identification number pursuant to Section
8046 of
the Fish and Game Code under valid California Dungeness crab vessel permits
between November 15, 2003, and July 15, 2008, inclusive, as follows:
(A) Tier 1 shall be the 55 California permits
with the highest California landings of Dungeness crab made with trap gear, and
each permitholder shall receive a maximum allocation of 500 buoy
tags.
(B) Tier 2 shall be the 55
California permits with the next highest California landings of Dungeness crab
made with trap gear to those in subdivision (A), and each permitholder shall
receive a maximum allocation of 450 buoy tags.
(C) Tier 3 shall be the 55 California permits
with the next highest California landings of Dungeness crab made with trap gear
to those in subdivision (B), and each permitholder shall receive a maximum
allocation of 400 buoy tags.
(D)
Tier 4 shall be the 55 California permits with the next highest California
landings of Dungeness crab made with trap gear to those in subdivision (C), and
each permitholder shall receive a maximum allocation of 350 buoy
tags.
(E) Tier 5 shall be the 55
California permits with the next highest California landings of Dungeness crab
made with trap gear to those in subdivision (D), and each permitholder shall
receive a maximum allocation of 300 buoy tags.
(F) Tier 6 shall be the remaining California
permits with the next highest California landings of Dungeness crab made with
trap gear to those in subdivision (E), which are not described in paragraph (1)
or (2) of subdivision (g) of Section
8276.4
of the Fish and Game Code, and each permitholder shall receive a maximum
allocation of 250 buoy tags.
(G)
Tier 7 shall be the California permits described in paragraphs (1) and (2) of
subdivision (g) of Section
8276.4
of the Fish and Game Code, and each permitholder shall receive a maximum
allocation of 175 buoy tags. Tags in this tier shall not be transferable for
the first two years of the program pursuant to Section
8276.5(a)(1)(G)
of the Fish and Game Code.
(2) The original trap and buoy tag allocation
and any modification to this allocation as a result of the appeal process shall
remain in effect for the duration of the Dungeness crab trap limit
program.
(3) A permitted Dungeness
crab vessel shall not fish more Dungeness crab traps than the number of traps
and buoy tags allocated to the Dungeness crab vessel permit pursuant to
subdivisions (A)-(G) above and Section 8276.5(a)(1) of the Fish and Game
Code.
Notes
2. Repealer of first paragraph, amendment of subsection (a) and new subsections (a)(1)-(3) filed 10-30-2018; operative 10-30-2018 pursuant to Government Code section 11343.4(b)(3) (Register 2018, No. 44).
Note: Authority cited: Section 8276.5, Fish and Game Code. Reference: Section 8276.5, Fish and Game Code.
2. Repealer of first paragraph, amendment of subsection (a) and new subsections (a)(1)-(3) filed 10-30-2018; operative
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