Pursuant to the provisions of Section
9003 of
the Fish and Game Code, every trap used to take fin fish, mollusks or
crustaceans shall contain at least one destruction device that complies with
the specifications described in this Section. The use of any structures or
materials that defeat or interfere with the purpose of the destruct device is
prohibited.
(a) Escape openings.
(1) Each trap destruct device shall create an
unobstructed escape opening in the top or upper half of the trap of at least 5
inches in diameter when the destruct attachment material corrodes or fails,
except for traps used under authority of a Tanner Crab Trap Vessel
Permit.
(2) Traps used under
authority of a Tanner Crab Trap Vessel Permit shall have an unobstructed escape
opening in any sidewall or on the top of the trap; the escape opening shall not
be on the floor of the trap. The opening shall measure not less than 11 inches
taken at its smallest inside diameter. 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 11 inches in its outside diameter and
at least 6.5 inches in length shall be able to pass easily through the
opening.
(b) The escape
opening on each trap must be closed with one of the following destruct
attachment materials:
(1) 14 gauge (.080 + or
- .003 inch) or smaller metal hog rings excluding stainless steel or other
non-corrodible materials;
(2)
untreated cotton twine size No. 21-thread or less, except that traps used to
take Dungeness, Tanner or rock crabs are limited to a single strand of
untreated cotton twine size No. 120 or less;
(3) 24 gauge (.028 + or - .003 inch) or
smaller uncoated bare metal crimps excluding stainless steel or other
non-corrodible materials;
(4)
magnesium pins not larger than one-quarter (.25) inch in diameter which may be
used to hold together each half of plastic or fiberglass traps or may be used
to attach the lid or door; or
(5)
The use of rubber straps attached to metal or plastic hooks with a single loop
of untreated cotton twine size No. 120 or less may be used to close the trap
provided they are attached in such a manner as to aid the destruct process. The
use of any rubber strap or non-corrosive material that defeats or interferes
with the purpose of the destruct panel is prohibited.
(c) [Operative until July 16, 2006]
Notwithstanding subsection (a) above, traps used to take Dungeness crabs, which
are constructed of wire mesh, may have up to three meshes (described as "V"s or
a "W" and a "V") that protrude into the destruct device opening provided that
the points of each of these meshes are separated by at least one side (bar) of
an adjoining mesh that has been removed and each of the meshes extend into the
opening a distance of not more than 2 ½ inches, as measured from the
perimeter of the opening along either edge of the protruding wire mesh, to
serve as an anchor for the destruct attachment material. On Dungeness crab
traps constructed of wire mesh, the panel containing the destruct device and
the wire mesh acting as an anchor for the destruct material must be constructed
of a single wire no greater than .050 inches in diameter. This subsection shall
become inoperative on July 16, 2006 and is repealed effective that
date.
(c) [Operative July 16, 2006]
Notwithstanding subsection (a) above, traps used to take Dungeness crabs, which
are constructed of wire mesh, may have not more than a single wire mesh
(described as a "V") that protrudes into the destruct device opening provided
that mesh extends into the opening a distance of not more than 2 ½
inches, as measured from the perimeter of the opening along either edge of the
protruding wire mesh, to serve as an anchor for the destruct attachment
material. On Dungeness crab traps constructed of wire mesh, the panel
containing the destruct device and the wire mesh acting as an anchor for the
destruct material must be constructed of a single wire no greater than .050
inches in diameter. This subsection shall become operative on July 16,
2006.
Notes
Cal. Code
Regs. Tit. 14, §
180.2
1. New
section filed 9-19-85, operative 10-19-85; Register 85, No. 40)
2.
Amendment to add subsections (d) and (e) filed 9-23-86, operative 10-23-86;
Register 86, No. 39.
3. Amendment filed 3-2-94; operative 4-1-94
(Register 94, No. 9).
4. Amendment of subsection (a)(2) and NOTE
filed 11-13-95 as an emergency; operative 11-13-95 (Register 95, No. 46). A
Certificate of Compliance must be transmitted to OAL by 3-12-96 or emergency
language will be repealed by operation of law on the following
day.
5. Reinstatement of subsection (a)(2) and NOTE as they existed
prior to emergency amendment that was filed 11-3-95 by operation of Government
Code section
11346.1(f).
Operative 3-13-96 (Register 96, No. 23).
6. Amendment of subsection
(a)(2) and NOTE filed 6-7-96; operative 7-7-96 (Register 96, No.
23).
7. Amendment of section and NOTE filed 3-4-2003; operative
4-3-2003 (Register 2003, No. 10).
8. Amendment of subsection (b)(3)
and both versions of subsection (c) filed 9-18-2003; operative 10-18-2003
(Register 2003, No. 38).
9. Amendment of introductory paragraph and
subsections (a)-(a)(1), new subsection (a)(2), amendment of subsections (b),
(b)(2) and (b)(5) and amendment of NOTE filed 3-14-2006; operative 3-14-2006
pursuant to Government Code section
11343.4
(Register 2006, No. 11).
Note: Authority cited: Sections
7090,
7708,
8500
and
9003,
Fish and Game Code. Reference: Sections
7090,
8500,
9003
and
9008,
Fish and Game Code.
1. New section filed
9-19-85, operative 10-19-85; Register 85, No. 40)
2. Amendment to
add subsections (d) and (e) filed 9-23-86, operative 10-23-86; Register 86, No.
39.
3. Amendment filed 3-2-94; operative 4-1-94 (Register 94, No.
9).
4. Amendment of subsection (a)(2) and Note filed 11-13-95 as an
emergency; operative 11-13-95 (Register 95, No. 46). A Certificate of
Compliance must be transmitted to OAL by 3-12-96 or emergency language will be
repealed by operation of law on the following day.
5. Reinstatement
of subsection (a)(2) and Noteas they existed prior to emergency amendment that
was filed 11-3-95 by operation of Government Code section
11346.1(f).
Operative 3-13-96 (Register 96, No. 23).
6. Amendment of subsection
(a)(2) and Note filed 6-7-96; operative 7-7-96 (Register 96, No.
23).
7. Amendment of section and Note filed 3-4-2003; operative
4-3-2003 (Register 2003, No. 10).
8. Amendment of subsection (b)(3)
and both versions of subsection (c) filed 9-18-2003; operative 10-18-2003
(Register 2003, No. 38).
9. Amendment of introductory paragraph and
subsections (a)-(a)(1), new subsection (a)(2), amendment of subsections (b),
(b)(2) and (b)(5) and amendment of Note filed 3-14-2006; operative 3-14-2006
pursuant to Government Code section
11343.4
(Register 2006, No. 11).