California Spiny Lobster Proposed Regulatory Changes Fish and Game Commission Meeting February 10-11, 2016 Carlos Mireles Environmental Scientist, Marine Region D. Stein- CDFW

Presentation Outline Background Overview of Proposed Regulatory Changes Details of Key Proposed Regulatory Changes Next Steps and Timeline D. Stein- CDFW

Lobster Advisory Committee (LAC) ( ) - Defined concerns and objectives for fishery - Developed 14 consensus management recommendations Background June FGC directed Department to develop a regulatory package based on recommendations Department - Added 6 management recommendations D. Stein- CDFW

Overview of Proposed Changes Amend 6 existing sections (§):Recreational: § 29.80: Gear Restriction for take of all crustaceans § 29.90: Take, Season, and PossessionCommercial: 121 § 121: Lobster Season and Possession § 121.5: Lobster Minimum Size 122 § 122: Lobster Permits and Restricted Areas 705 § 705: Applications, Permits, Tags, and Fees Add 3 new sections (§): 54 § 54: Lobster Fishery Management Plan (new) § 122.1: Trap Limit Provisions (new) § 122.2: Pulling of Lobster Traps (new)

FMP Regulations Section New Article 5 in Chapter 5.5, Title 14, CCR § Purpose and Scope § Definitions § Management Process and Timing § Harvest Control Rule

Allow for lobster to be measured aboard a vessel (Added per Commission request 12/9/15) Require marking of all hoop net buoys with GO ID# Proposed Recreational Changes Sections and CDFW

Proposed Recreational Changes Sections and Require hole-punching or fin-clipping of retained lobster Delay the season opener to start at 6:00 a.m. (currently 12:01 a.m.) Clarify existing language on the possession of a hooked device while lobster diving CDFW

Proposed Commercial Changes Sections and 705 New trap limit program (effective 2017/18 season): 300 traps per lobster operator permit Allow permittees to hold two lobster permits Establish lobster trap and buoy tag requirements Lost trap tag replacement measures D. Stein- CDFW

Amend existing trap regulations: Trap servicing requirement (4 to 7 days) Waiver to pull another permit holders traps Define abandoned traps End of season trap loss reporting Proposed Commercial Changes Sections and 705 D. Stein- CDFW

Logbooks: Modify existing logbook to improve data collection Permit renewal and transfer: Update procedures Sale of lobster: Prohibit hole punched or tail clipped lobsters in markets (per Commission 12/9/15) Existing regulations: Clean up and improve -converting current restricting fishing areas Proposed Commercial Changes Sections and 705 D. Stein- CDFW

Next steps Request authorization to notice the proposed regulatory changes Discussion hearing April 13-14, 2016 Possible adoption June 22-23, 2016 D. Stein- CDFW

Thank You/Questions Photo Steve Barsky

LAC Consensus and Department Recommended Lobster Regulatory Changes 1FMP regulationsPurpose and scope, harvest control rules, and definitions. Recreational Recommendations Change SummaryPurpose 2 Hole-punch or fin-clip of retained lobsters To reduce illegal commercialization of sport caught lobsters. 3 Change season opener from 12:01 am to 6 am To increase safety during the season opener. 4 Marking of hoop net floats with ID numbers Allows enforcement to easily identify the owner of a hoop net. 5 Clarify methods of take for crustaceans Divers can possess spear gear but gear cannot be used to take crustaceans. 13

Commercial Recommendations Change SummaryPurpose 6 Trap limit: 300 per permit can purchase a 2nd permit To improve the commercial fishery and create a more orderly fishery. 7 Add fees and forms for the trap tag program Required to administer the trap tag program. 8 Catastrophic trap tag loss provision (75 or more tags) To allow for the replacement of lost tags. 9 Clarify use of SCUBA gear on commercial vessels Amended for clarification purposes. 10 More than 1 permittee may operate from a vessel Added for clarification purposes. Both permittees are responsible for violations. 14

Commercial Recommendations Change SummaryPurpose 11 Traps serviced every 7 days Proposed as part of the trap limit proposal. 12 Waiver requirement for servicing another’s traps To meet enforcement needs. 13 Allow fishermen to recover up to 6 lost traps. To allow for the retrieval of lost gear. 14 Allow 9 days for deploying and retrieving traps before & after season Proposed as part of the trap limit proposal. 15 Branding of buoysCovered by existing regulations and will be clarified. 15

Additional Department Recommendations Not Addressed by the LAC Change SummaryPurpose 16 Traps considered abandoned14 days after the season ends. To define when a trap is considered abandoned. 17 Improving fishery dependent data modify lobster logbooks and landing receipts to gather essential fishery information. 18 Prohibit permit transfers when violation are pending Added as an enforcement need. 16

Additional Department Recommendations Not Addressed by the LAC Change SummaryPurpose 19 Extend permit death provision transfer period from 1 to 2 years. Added at the request of the Licenses and Revenue Branch to allow more time to transfer a permit. 20 Application for the transfer of lobster operator permits. Add appeal requirements for transfer denial. Add criteria for transfer under a tag system. 21 Reporting of commercial trap lossTo aid in the recovery of lost traps 17