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 122.1 - Spiny Lobster Buoys and Trap Tags

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) All spiny lobster traps and receivers
				  impounding spiny lobsters shall be individually buoyed. The buoys must be on
				  the surface of the water, except after the first Tuesday in October when buoys
				  may be submerged by means of metallic timing devices with a timed delay
				  (commonly called "pop-ups") that does not exceed the trap service interval
				  requirement as specified in subsection
				  122.2(d) of these
				  regulations.
(b) Any buoy that
				  marks a spiny lobster trap shall comply with marking requirements set forth in
				  Section 180.5 of these regulations. Any
				  buoy that marks a receiver that contains spiny lobster shall be clearly and
				  distinctly marked with its owner's commercial fishing license identification
				  number. The numbers shall be at least one and one-half (1.5) inches in height,
				  drawn with a line no less than ¼ (0.25) inch thick, in a color that
				  contrasts with the buoy, and maintained so that they are visible and
				  legible.
(c) Deployed lobster traps
				  and those possessed by a lobster operator permit holder aboard a vessel shall
				  have a valid department-issued trap tag directly attached to the trap. If the
				  information on the trap tag is illegible or incorrect or if the trap tag is
				  missing from the trap for any reason, the trap shall be considered not in
				  compliance, and shall not be used to take spiny lobster for commercial
				  purposes.
(1) Lobster trap tags. A lobster
				  operator permit holder shall be issued 300 trap tags for use during that season
				  for each valid lobster operator permit in possession.
(2) Replacement procedures for catastrophic
				  loss of trap tags.
(A) A lobster operator
				  permit holder shall only be eligible to receive replacement trap tags for trap
				  tags lost due to catastrophic loss.
(B) Catastrophic trap tag loss is defined as
				  the cumulative loss of 75 or more trap tags for each valid lobster operator
				  permit due to events beyond the lobster operator permit holder's control, such
				  as weather, force majeure, and acts of God.
(C) The lobster operator permit holder shall
				  submit to the department's License and Revenue Branch the Lobster Operator
				  Permit Catastrophic Lost Trap Tag Affidavit, DFW 1701 (New 2/2016),
				  incorporated by reference herein, signed under penalty of perjury by the
				  lobster operator permit holder and the nonrefundable fee for each replacement
				  tag as specified in Section
				  705 of these
				  regulations.
(D) An affidavit for
				  trap tag replacement due to catastrophic loss, with a description of the
				  factual circumstances consistent with subsection (B) above, shall be approved
				  by the department prior to any replacement trap tags being issued.
(E) Any trap tag reported as lost and
				  subsequently recovered during the season is invalid and shall be immediately
				  returned to the department's License and Revenue
				  Branch.