After replying to many questions on here, in the email, and by text, please allow me to, again, share my understanding of the regulations. Then I'll post those so can make your own interpretation.
These are legal to use now. This is a "hoop net, Type B". You'll see it in the rules to follow. The classic ring net is also kosher. So are snares with no more than six loops. There is significant pressure on the powers that be to open traps soon, and likely, if they have a borderline report on turtles/whales they may open sport traps and commercial. Commercial in the area between Point Reyes and Gualala may have to wait a bit longer as there's some dirty crab near the Russian River. Not very many, and not very dirty, but there's just enough domoic acid to screw their season over and yet allow us to fish with a "clean before eating" advisory. No "butter" for you. Ocean conditions seem good for salmon and whales, so it remains to be seen how many whales are actually counted in their official survey. I'm seeing way too many pelicans around to feel very hopeful. Pelicans leave when the food leaves. Like Doug.
Here's the official regulations :
29.80. Gear Restrictions for Recreational Take of Saltwater Crustaceans.
(a) General Provisions:
(1) Saltwater crustaceans may be taken by hand.
(2) Nets, traps or other appliances may not be used except as provided in this Section.
(3) It is unlawful to disturb, move, or damage any trap; or remove any saltwater crustacean from a trap, that belongs to another person without written permission, including permission transmitted electronically, in possession from the operator of the trap. Any person with written permission from the operator of a crab trap will be in compliance with subsection (c)(3)(A)(1) if the written permission contains the operator’s GO ID number that matches the GO ID number on the buoy of the crab trap being fished.
(b) Hoop nets may be used to take spiny lobsters and all species of crabs. Between Point Arguello, Santa Barbara County, and the United States-Mexico border, not more than five hoop nets shall be possessed by a person when taking spiny lobster or crab, not to exceed a total of 10 hoop nets possessed when taking spiny lobster or crab per vessel. The owner of the hoop net or person who placed the hoop net into the water shall raise the hoop net to the surface and inspect the contents of the hoop net at intervals not to exceed 2 hours.
(1) Hoop Net Defined: There are two types of hoop nets allowed for use:
(A) Type A: Fishing gear that is comprised of one to three rigid ring(s), with each ring measuring no greater than 36 inches in inside diameter nor less than 10 inches in inside diameter, which is/are connected to soft mesh thereby forming a circular-shaped net with an enclosed bottom. Lift lines shall be attached only to the top ring. A second and third rigid ring(s) may be connected by soft mesh to the top ring; however, each ring must be equal in size to or smaller than the ring above it. When the net is being raised the top ring shall be above and parallel to all other rings, with the enclosed bottom portion of the soft mesh even with or hanging below all other rings. All parts of the hoop net shall collapse and lie flat when resting on the ocean floor in such a manner that the gear does not entrap or restrict the free movement of crustaceans until lifted. When suspended from lift lines, the entire hoop net shall measure no taller than 36 inches. The ring material shall not be thicker than one inch in any dimension.
(B) Type B: Fishing gear that is comprised of two to three rigid rings (not including the bait ring), with each ring measuring no greater than 36 inches in inside diameter and the top ring measuring no less than 15 inches in inside diameter. The upper ring or rings shall be connected to the bottom ring and supported by no more than six rigid support arms, and the assembled frame shall measure no more than 10 inches tall. The rings and support material shall not be thicker than one inch in any dimension. All rings shall be connected by soft mesh, thereby forming a net with an enclosed bottom, and lift lines shall be attached only to the top ring. When suspended from lift lines the enclosed bottom portion of the net shall be even with or hanging below all other rings, and the entire net shall measure no taller than 30 inches. A bait ring may be attached to the net as long as the ring is not part of the rigid frame.
(2) Any hoop net abandoned or left unchecked for more than 2 hours shall be considered abandoned and may be seized by any person authorized to enforce these regulations.
(3) Hoop nets used south of Point Arguello, Santa Barbara County, shall be marked with a surface buoy. Except as provided below, surface buoys shall be legibly marked to identify the operator’s GO ID number as stated on the operator’s sport fishing license or lobster report card. This section does not apply to hoop nets deployed by persons on shore or manmade structures connected to the shore.
(A) The surface buoy of hoop nets deployed from commercial passenger fishing vessels shall be legibly marked to identify the commercial boat registration number of the vessel.
(B) The surface buoy of hoop nets provided by a licensed guide to clients for use on guided trips shall be legibly marked to identify the guide license number of the accompanying guide.
(c) Crab traps:
(1) Crab traps shall have at least two rigid circular openings of not less than four and one-quarter inches inside diameter so constructed that the lowest portion of each opening is no lower than five inches from the top of the trap.
(2) Crab traps shall contain at least one destruct device of a single strand of untreated cotton twine size No. 120 or less that creates an unobstructed escape opening in the top or upper half of the trap of at least five inches in diameter when the destruct attachment material corrodes or fails.
(3) Trap Gear Identification: Every crab trap shall be marked with only a main buoy and a marker buoy, except as noted under subsection 29.80(c)(3)(C) below.
(A) A main buoy is a surface buoy that is at least 5 inches in diameter and 11 inches in length.
1. The main buoy for traps deployed by an individual shall be legibly marked with the operator’s assigned GO ID number.
2. The main buoy for traps deployed from a commercial passenger fishing vessel shall be legibly marked to identify the commercial boat registration number of that vessel.
(B) A marker buoy is a red buoy 3 inches in diameter and 5 inches in length attached no more than 3 feet from the main buoy.
(C) In addition to marking the buoy pursuant to subsection (c)(3)(A)2., traps deployed by commercial passenger fishing vessels shall be legibly marked to identify the commercial boat registration number of the vessel.
(4) Crab traps shall not be deployed and used in ocean waters seven days prior to the opening of the Dungeness crab season.
(5) Every crab trap shall be raised, cleaned, and emptied (serviced) at intervals not to exceed 9 days, weather conditions at sea permitting, and no crab trap shall be abandoned in the waters of this state.
(6) Trap Limits:
(A) An individual shall not operate more than 10 deployed traps, except an individual may service up to 10 additional traps if the individual has in possession written permission from the operator(s) of the additional traps whose gear are identified in accordance with subsection (c)(3)(A)1.
(B) A commercial passenger fishing vessel shall not deploy more than 60 traps per vessel.
(7) Starting at least 5 days in advance of the opening of the recreational Dungeness crab fishing season pursuant to Section 29.85, the director shall, on at least a monthly basis until the season opens statewide and March 1 through June 15, evaluate and respond to risk of humpback whales, blue whales, and/or Pacific leatherback sea turtle entanglement with recreational crab fishing gear as follows:
(A) The director shall evaluate entanglement risk based on marine life concentrations as defined in subsection 132.8(a)(10), Title 14, CCR, and consistent with the acceptable data and numerical triggers outlined in subsection 132.8(c)(2).
1. If data are available, and marine life concentrations meet the numerical triggers for any species as specified in subsection 132.8(c)(2)(A) 4. (in the fall) or 132.8(c)(2)(B) (in the spring), the director shall take action pursuant to subsection 29.80(c)(7)(B) below.
2. If data are unavailable prior to the recreational Dungeness crab season opener, the director shall take action pursuant to subsection 29.80(c)(7)(B) below until data are available, at which point subsection 29.80(c)(7)(A)1. shall apply.
(B) If required under subsection 29.80(c)(7)(A) above, the director after consulting with the president of the commission or the president’s designee, shall implement one or more of the following recreational management actions that the director demonstrates protects humpback whales, blue whales, and/or Pacific leatherback sea turtles based on best available science. Recreational management action shall be determined based on consideration of information outlined in subsection 132.8(d):
1. Advisory notice to recreational crab fishers to employ voluntary efforts and/or measures to reduce the risk of entanglements (e.g. best fishing practices).
2. Recreational Dungeness crab season delay and continuation of the crab trap prohibition specified in subsection 29.80(c)(4), whereby the director shall prohibit the deployment and use of recreational crab traps until new data indicates the numerical triggers for any species as specified in subsection 132.8(c)(2)(A) 4. (in the fall) are no longer met, at which point the director shall lift or modify the Dungeness crab season delay as appropriate.
3. Season closure, whereby the director shall prohibit the deployment and use of recreational crab traps until new data indicates the numerical triggers for any species as specified in subsection 132.8(c)(2)(B) (in the spring) are no longer met, or the normal end of the Dungeness crab season specified in subsection 29.85(b)(2), at which point the director shall lift or modify the closure as appropriate.
(C) Recreational management action may be implemented statewide or by fishing zone(s) (as defined in subsections 132.8(a)(7)(A)-(G)), if the director demonstrates less-than-statewide action protects humpback whales, blue whales, and/or Pacific leatherback sea turtles based on best available science.
(D) Notice of a delay or closure pursuant to subsection 29.80(c)(7)(B) 2. or 3. shall be transmitted via a director’s declaration. The declaration will describe the following:
1. Data supporting the entanglement risk evaluation pursuant to subsection 29.80(c)(7)(A).
2. Relevant information informing management considerations from subsection 132.8(d).
3. Rationale for nexus between management considerations in subsection 132.8(d) and chosen recreational management action under subsection 29.80(c)(7)(B).
4. Duration of management action.
(E) The director’s declaration pursuant to subsection 29.80(c)(7)(D) shall provide a minimum of 5 days’ notice before the delay or closure becomes effective.
(F) The director’s declaration and/or any advisory notice shall be communicated via the department’s “Whale Safe Fisheries” web page located at https://wildlife.ca.gov/Conservation/Marine/Whale-Safe-Fisheries. At its discretion, the department may communicate declarations and/or advisory notices via additional formats.
(G) After the director implements a management action pursuant to subsection (c)(7)(B), he or she shall notify the commission and request that the commission schedule a public discussion of the management action at its next regularly-scheduled commission meeting.
(d) Crab loop traps may have up to six loops.
(e) Crab trap areas: Crab traps, including crab loop traps, may be used north of Point Arguello, Santa Barbara County to take all species of crabs.
(f) Shrimp and prawn traps may be used to take shrimp and prawns only. Trap openings may not exceed ½ inch in any dimension on traps used south of Point Conception nor five inches in any dimension on traps used north of Point Conception.
(g) Diving for crustaceans: In all ocean waters, except as provided in Section 29.05, skin and SCUBA divers may take crustaceans by the use of the hands only. Divers may not possess any hooked device while diving or attempting to dive. Divers may be in possession of spearfishing equipment so long as possession of such equipment is otherwise lawful and is not being used to aid in the take of crustaceans.
(h) Gear Restrictions. It shall be unlawful to use anything other than the following hand-operated devices to take sand crabs or shrimp: spades, shovels, hoes, forks, rakes, devices that use suction commonly known as slurp guns or clam guns, or rigid pipes used to prevent the collapse of holes when digging for sand crabs or shrimp. It shall be unlawful to use any other devices to take crabs or shrimp, including any hydraulic devices.
(i) Dip nets and Hawaiian-type throw nets: Shrimp may be taken with dip nets and Hawaiian-type throw nets north of Point Conception.
(j) Shrimp trawls: Shrimp beam trawls may be used to take shrimp only in San Francisco Bay waters east of the Golden Gate Bridge, and in San Pablo Bay. The beam trawl frame from which the net is hung may not exceed 24 inches by 18 inches. The trawl may be towed by motorized vessels but may not be retrieved by mechanical devices. Any fish, other than shrimp, caught in the trawl must be returned immediately to the water.
29.85. Recreational Take of Crabs.
(a) Any individual who fishes for crabs using crab trap(s) pursuant to subsection 29.80(c), shall have in possession a valid Recreational Crab Trap Validation for the current license year (Section 701, Title 14, CCR).
(b) Dungeness crabs (Cancer magister):
(1) Dungeness crab may not be taken from or possessed if taken from San Francisco Bay and San Pablo Bay, plus all their tidal bays, sloughs and estuaries between the Golden Gate Bridge and Carquinez Bridge.
(2) Open season: Fishing rules for Dungeness crab may be changed during the year or in-season by the director under the authority of subsection 29.80(c)(7). See subsection 29.80(c)(7) for additional information.
(A) Del Norte, Humboldt and Mendocino counties: From the first Saturday in November through July 30.
(B) All other counties: From the first Saturday in November through June 30.
(3) Limit: Ten.
(4) No vessel that takes Dungeness crabs under authority of this section, or Section 29.80, shall be used to take Dungeness crabs for commercial purposes.
(5) Minimum size: Five and three-quarter inches measured by the shortest distance through the body from edge of shell to edge of shell directly in front of and excluding the points (lateral spines).
(c) All crabs of the Cancer genus except Dungeness crabs, but including: yellow crabs, rock crabs, red crabs and slender crabs:
(1) Open season: All year. Fishing rules for crabs of the Cancer genus may be changed during the year or in-season by the director under the authority of subsection 29.80(c)(7). See subsection 29.80(c)(7) for additional information.
(2) Limit: Thirty-five.
(3) Minimum size: Four inches measured by the shortest distance through the body, from edge of shell to edge of shell at the widest part, except there is no minimum size in Fish and Game Districts 8 and 9.
(d) All crabs of the genus Cancer, including Dungeness crabs, yellow crabs, rock crabs, red crabs and slender crabs, may be brought to the surface of the water for measuring, but no undersize crabs may be placed in any type of receiver, kept on the person or retained in any person’s possession or under his direct control; all crabs shall be measured immediately and any undersize crabs shall be released immediately into the water.
These are the standard rules. Now we are operating under the "no traps" provision. Yes, it's complicated. If it were easy everybody would do it. It already seems like everybody does do it, so imagine if it were simple? CDFW is concerned because less people are buying fishing licenses. They think that making a 12 month license will bring more people back to fishing. I think that it will make those that fish happier but a lot of people are turned off of fishing by the complicated rules. Longer licenses won't make the rules less complicated. So, rejoice! Those that can figure it will have less competition. Blessed are those that read.
Thanks Willy
ReplyDeleteWas the opener slammed at your place or did a lot of folks sit it out?
Willy thanks for all your help and clarification. See you next week.
ReplyDeleteOutlaw
Thank you Willy
ReplyDelete