California Code of Regulations › Title 14 - Natural Resources › Division 1 - Fish and Game Commission-Department of Fish and Game › Subdivision 1 - Fish, Amphibians and Reptiles › Chapter 6 - Fish, Commercial › Section 132.8 - Risk Assessment Mitigation Program: Commercial Dungeness Crab Fishery

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The following
				  definitions apply to this Section:
(1)
				  "Actionable Species" means Blue Whales, Humpback Whales, and Pacific
				  Leatherback Sea Turtles.
(2)
				  "Alternative Gear" means gear modifications and other gear innovations,
				  including but not limited to ropeless gear, as authorized by the department
				  pursuant to subdivision (h).
(3)
				  "Close" or "closure" means the take and possession of Dungeness crab for
				  commercial purposes is prohibited by the Director, unless use of Alternative
				  Gear is authorized pursuant to subsections (e) and (h).
(4) "Confirmed Entanglements" means the
				  following:
(A) "Confirmed Entanglement with
				  California Commercial Dungeness Crab Gear" means a marine life entanglement of
				  an Actionable Species in California Commercial Dungeness Crab Gear reported to
				  the department by NOAA. The reported information may include entangled species,
				  gear marking, and a determination by NOAA regarding the severity of the
				  entanglement and any subsequent disentanglement, if available.
(B) "Confirmed Entanglement with Unknown
				  Fishing Gear" means a marine life entanglement of an Actionable Species in
				  Unknown Gear reported to the department by NOAA. The reported information may
				  include entangled species, and a determination by NOAA regarding the severity
				  of the entanglement and any subsequent disentanglement, if available.
(C) The department will provide relevant
				  fishery information to NOAA to support entanglement investigation and
				  response.
(D) An entanglement
				  determined, either at time first reported or through NOAA final determination
				  of injury or mortality (pursuant to subsection (a)(9) below), to have occurred
				  after the death of the Actionable Species will not be considered a Confirmed
				  Entanglement.
(E) In the event a
				  Confirmed Entanglement involves gear from multiple fisheries, and NOAA
				  identifies the fishing gear resulting in the initial entanglement, the
				  entanglement will be attributed to that fishery. If the fishery resulting in
				  the initial entanglement cannot be determined, the entanglement will be
				  attributed equally among the fisheries.
(5) "Fishing Grounds" means the area of the
				  Fishing Zone between shore and 100 fathoms. The 100-fathom contour is defined
				  by approximating a particular depth contour by connecting the appropriate set
				  of waypoints adopted in Federal regulations and published in Title 50, Code of
				  Federal Regulations Part 660, Section
				  660.73 (Revised December 12,
				  2018), incorporated by reference herein.
(6) "Fishing Season" means any period of time
				  in which it is lawful to deploy California Commercial Dungeness Crab gear,
				  including presoak time periods under Fish and Game Code Section
				  8283,
				  and any delays or early closures pursuant to this regulation, public health
				  concerns under Fish and Game Code Section
				  5523,
				  or quality testing under Fish and Game Code Section
				  8276.2.
(7) "Fishing Zone" means any of the following
				  areas that extend from zero to 200 nautical miles offshore (U.S. Exclusive
				  Economic Zone).
(A) Zone 1: From the
				  California/Oregon border (42° N. latitude) to Cape Mendocino (40° 10'
				  N. latitude).
(B) Zone 2: From Cape
				  Mendocino to the Sonoma/Mendocino county line (38° 46.125' N.
				  latitude).
(C) Zone 3: From
				  Sonoma/Mendocino county line to Pigeon Point (37° 11' N.
				  latitude).
(D) Zone 4: From Pigeon
				  Point to Lopez Point (36° N. latitude).
(E) Zone 5: From Lopez Point to Point
				  Conception (34° 27 N. latitude).
(F) Zone 6: From Point Conception to the
				  U.S./Mexico Border.
(G) Zone 7:
				  "Pacific Leatherback Sea Turtle Foraging Area" from Point Arena (38° 57.5'
				  N. latitude) to Point Pinos (36° 38.314' N. latitude).
(8) "Fleet" means holders of valid California
				  Dungeness Crab vessel permits.
(9)
				  "Impact Score Calculation" means the sum of Impact Scores, which are values
				  representing severity of injury caused by Confirmed Entanglements with
				  California Commercial Dungeness Crab Gear or Confirmed Entanglements with
				  Unknown Fishing Gear, as defined in subsection (a)(4) and referenced in
				  subsection (c)(1)(A). The Impact Score is determined by evaluation of evidence
				  available to the department and will be revised if NOAA provides a final
				  determination of injury or mortality pursuant to NMFS Policy Directive
				  02-238-01 Process for Injury Determinations (Issued January 27, 2012, renewed
				  July 2014), incorporated by reference herein.
(10) "Marine Life Concentrations" means
				  measures of local abundance of Actionable Species (Humpback Whales, Blue
				  Whales, and Pacific Leatherback Sea Turtles) within Fishing Grounds between
				  Point Conception and the California/Oregon Border.
(11) "NOAA" means the National Oceanic and
				  Atmospheric Administration, and its constituent agencies, including the
				  National Marine Fisheries Service ("NMFS"), employees, and staff.
(12) "Risk Assessment" means the assessment
				  of risk for potential entanglement of Actionable Species with California
				  commercial Dungeness crab gear by the Director.
(13) "Unknown Fishing Gear" means gear not
				  identifiable in origin to a specific fishery. This definition excludes gear
				  that is identifiable to non-fishery origins (e.g. mooring lines or research
				  equipment including, but not limited to, weather buoys and navigational
				  aids).
(14) "Working Group" means
				  the California Dungeness Crab Fishing Gear Working Group, established by the
				  department, in partnership with the Ocean Protection Council and NOAA, on
				  September 21, 2015, as defined by its most recent charter as it may be amended
				  from time to time (
www.opc.ca.gov/whale-entanglement-working-group/
).