1. (a) In-Season Replacement Buoy Tags

   1. (1) Starting 30 days after the season opener in the California management area where the Dungeness crab permitholder began the Dungeness crab season, a maximum number of replacement buoy tags may be issued as follows:

      Tier

      Buoy Tag Allocation

      Maximum Replacement Buoy Tags

      1

      500

      50

      2

      450

      45

      3

      400

      40

      4

      350

      35

      5

      300

      30

      6

      250

      25

      7

      175

      18

   2. (2) The permitholder shall submit an In-Season Replacement Dungeness Crab Buoy Tag Affidavit (FG1303, rev. 1/13), signed under penalty of perjury by the Dungeness crab permitholder, to the department's License and Revenue Branch. The affidavit shall include:

      1. (A) The number of replacement buoy tags requested; and
      2. (B) Payment of the nonrefundable replacement tag fee for each in-season replacement buoy tag. The fee for each tag shall be $1.00.

2. (b) Between-Season Replacement Buoy Tags

   1. (1) Before the start of the next season all in-season replacement buoy tags shall be returned to the department's License and Revenue Branch. All lost buoy tags may be replaced with new buoy tags. The permitholder shall submit a Between-season Replacement Dungeness Crab Buoy Tag Affidavit (FG1302, rev. 1/13), signed under penalty of perjury by the Dungeness crab permitholder, to the department's License and Revenue Branch on or before August 15th each year. Replacement tags shall not be issued unless the in-season replacement tags have been returned to the department. The affidavit shall include:

      1. (A) A statement confirming that the originally-issued buoy tags cannot be recovered;
      2. (B) A statement describing the factual circumstances surrounding the loss of the buoy tags;
      3. (C) The location and date where lost buoy tags were last observed;
      4. (D) The quantity of buoy tags to be replaced;
      5. (E) The tag number of each lost buoy tag to be replaced; and
      6. (F) Payment of the nonrefundable fee for each buoy tag. The fee for each tag shall be $1.00.
      7. (G) Any lost buoy tags that are recovered shall be invalid and not used for the remainder of the season.
   2. (2) Based on the information provided in the written affidavit, the department shall only issue the number of replacement buoy tags that were reported as lost.

3. (c) Catastrophic Loss

   1. (1) The department may waive the replacement fee and the limit on the maximum allocation of in-season replacement buoy tags when the buoy tags are lost or destroyed due to circumstances beyond the control of the permitholder.

   2. (2) The permitholder shall submit a written request, signed under penalty of perjury by the permitholder, to the department's License and Revenue Branch. The statement shall include the following information:

      1. (A) A description of the factual circumstances surrounding the loss of the buoy tags.
      2. (B) A statement confirming that the originally-issued buoy tags cannot be recovered.
      3. (C) The location and date where lost buoy tags were last observed.
      4. (D) Documentation including, but not limited to, a report filed by the US Coast Guard, a law enforcement agency, an insurance company, or other written documentation to substantiate the loss or destruction of the buoy tags.

Dungeness crab buoy tags shall be replaced under the following conditions:

Note: Authority cited: Section 8276.5, Fish and Game Code. Reference: Section 8276.5, 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).