1. (a) Permitted Dungeness crab vessels shall not possess, use, control, or operate any commercial Dungeness crab trap without a buoy tag assigned to that vessel except:

   1. (1) To set gear as allowed under Section 8280.7 of the Fish and Game Code; or

   2. (2) Notwithstanding Fish and Game Code Section 9002, to retrieve from the ocean and transport to shore another permitted Dungeness crab vessel's derelict commercial Dungeness crab trap that is lost, damaged, abandoned, or otherwise derelict, provided that:

      1. (A) No more than six (6) derelict commercial Dungeness crab traps may be retrieved per fishing trip.
      2. (B) The retrieving vessel operator shall immediately return any crab found in a retrieved commercial Dungeness crab trap to the ocean waters.

      3. (C) Immediately upon retrieval of a commercial Dungeness crab trap, the retrieving vessel operator shall document in the retrieving vessel's log:

         1. 1. the date and time of the trap retrieval,
         2. 2. the number of retrieved commercial Dungeness crab traps,
         3. 3. the location [latitude and longitude in degrees decimals minutes (DDM)] of the retrieval,
         4. 4. any tag information or buoy markings present on the retrieved traps, and
         5. 5. reasons why the retrieving vessel operator believes the traps are derelict and subject to retrieval under this Section.
      4. (D) On or before the first day of each month, vessel operators shall report information required by subsection (a)(2)(C) for any traps retrieved during the prior month. Reporting shall be via email or text to [email protected], or on an electronic form prescribed by the Department.
      5. (E) Any retrieved commercial Dungeness crab traps shall be transported to shore during the same fishing trip that retrieval took place.

      6. (F) Notwithstanding subsection (a)(2)(A), an unlimited number of commercial Dungeness crab traps may be retrieved per fishing trip and transported to shore during the same fishing trip:

         1. 1. from July 16 through October 31, or
         2. 2. as authorized by the Director during a fishery closure or season delay pursuant to Section 132.8. Vessel operators may not possess more than six (6) retrieved traps on board when transiting Fishing Zones -- as that term is defined in Section 132.8(a)(7) -- which are open for commercial Dungeness crab fishing.

2. (b) Waiver

   1. (1) Any vessel may retrieve to shore commercial Dungeness crab traps without a buoy tag assigned to that vessel if;

      1. (A) The holder of the Dungeness crab vessel permit to which the traps are assigned cannot retrieve the traps because the permitted vessel is incapacitated due to a major mechanical failure or destroyed due to fire, capsizing, or sinking, or due to undue hardship resulting from circumstances beyond the control of the permit holder.
      2. (B) The permit holder makes a request for a waiver in writing to the department's License and Revenue Branch.
      3. (C) The department approves the waiver request.
   2. (2) A copy of the waiver approved by the department shall be on board the retrieving vessel.
   3. (3) The waiver may include conditions such as time restrictions, landing prohibitions, or any other conditions the department deems necessary.
3. (c) Notwithstanding this section, any vessel may retrieve lost or abandoned gear under Section 132.7 of these regulations.

Note: Authority cited: Sections 8276.5 and 9002.5, Fish and Game Code. Reference: Sections 8276.5 and 9002.5, Fish and Game Code.

History

1. New section filed 3-27-2013; operative 3-27-2013 pursuant to Government Code section 11343.4(b)(3) (Register 2013, No. 13).

2. Amendment of section heading and subsections (a), (a)(2), (a)(2)(F) and (a)(2)(F)1. filed 10-30-2018; operative 10-30-2018 pursuant to Government Code section 11343.4(b)(3) (Register 2018, No. 44).

3. Amendment of section heading and section filed 9-20-2019; operative 9-20-2019 pursuant to Government Code section 11343.4(b)(3) (Register 2019, No. 38).

4. Editorial correction of subsection (a)(2)(C) (Register 2024, No. 10).

5. Amendment of subsections (a)(2) and (a)(2)(E) filed 3-8-2024 as an emergency; operative 3-8-2024 (Register 2024, No. 10). A Certificate of Compliance must be transmitted to OAL by 9-4-2024 or emergency language will be repealed by operation of law on the following day.

6. Amendment of subsections (a)(2) and (a)(2)(E) refiled 9-4-2024 as an emergency; operative 9-5-2024 (Register 2024, No. 36). A Certificate of Compliance must be transmitted to OAL by 12-4-2024 or emergency language will be repealed by operation of law on the following day.

7. Amendment of subsections (a)(2) and (a)(2)(E) refiled 12-2-2024 as an emergency; operative 12-5-2024 (Register 2024, No. 49). A Certificate of Compliance must be transmitted to OAL by 3-5-2025 or emergency language will be repealed by operation of law on the following day.

8. Certificate of Compliance as to 12-2-2024 order, including amendment of subsections (a)(2), (a)(2)(B)-(C), new subsections (a)(2)(C)1.-(a)(2)(D), subsection relettering, amendment of newly designated subsection (a)(2)(E), repealer of former subsection (a)(2)(E) and new subsections (a)(2)(F)-(a)(2)(F)2., transmitted to OAL 2-28-2025 and filed 4-14-2025; amendments operative 4-14-2025 pursuant to Government Code section 11343.4(b)(3) (Register 2025, No. 16).