Testing Sub Sea Sonics Pop-Up Gear in the California Dungeness Crab Fishery

2023020440

California Fish and Game Commission (CDFGC)

NOE - Notice of Exemption

2/17/2023

2/17/2023

Melissa Miller-Henson

California Fish and Game Commission

Executive Director

Lead/Public Agency

P.O. Box 944209
Sacramento, CA 94244-2090

(916) 653-4899

Melissa.Miller-Henson@fgc.ca.gov

Specific: Waters off the coast of California between the California/Oregon border (42° N. latitude) and Point Conception (37° 11’ N. latitude)

Categorical Exemption

Class 6 California Code of Regulations, Title 14 Section 15306

Section 15306 of the CEQA guidelines (Class 6 exemptions) provides a categorical exemption for information collection projects that consists of basic data collection, research, experimental management, and resource evaluation activities which do not result in a serious or major disturbance to an environmental resource. The section goes on to note that these information collection projects may be strictly for information gathering purposes, or as part of a study leading to an action which a public agency has not yet approved, adopted, or funded. The project would test the commercial use of Sub Sea Sonics timed- and acoustic-release pop-up gear systems in conjunction with Longsoaker Fishing System’s Guardian line management system in the Dungeness crab fishery to collect information to inform future alternative gear certification under the California Dungeness Crab Fishing Gear Working Group Risk Assessment Mitigation Program (RAMP). The intent of pop-up gear is to reduce the number of vertical lines and avoid potential risk of marine life entanglement in Dungeness crab fishing fear. The project will occur in waters off the coast of California between the California/Oregon border (42° N. latitude) and Point Conception (37° 11’ N. latitude). The project will include between 3 to 10 participating fishers (authorized agents pursuant to subsection (b) of Section 91, Title 14, CCR). Each fisher will test up to 50 units of the proposed systems. Authorized agents will have the option to fish single traps or string up to 5 traps per line. The pop-up gear systems will be tracked and monitoring using a virtual gear marking application (e.g., Trap Timer) and a Pelagic Data System solar logger. The project is anticipated to span a total of 4 years. Testing will occur year-round; however, Dungeness crab (target species) will be retained/sold during the open season only. Rock crab is proposed to be taken incidentally pursuant to current fishing regulations. The EFP will exempt the project from multiple provisions in code and regulation: • Section 8276, Fish and Game Code and subsection(d) of Section 132.6, Title 14, CCR (requirement for removal of gear at close of season) • Subdivision (d) of Section 8276.1, Fish and Game Code and Section 132.8, Title 14, CCR (RAMP prohibitions) • Section 8276.5, Fish and Game Code and subsection (b) of Section 132.1, Title 14, CCR (requirement for buoy tags) • Section 9005, Fish and Game Code (surface buoy marking requirement) • Subdivision (b) of Section 9012, Fish and Game Code (single trap per line requirement) The purpose of the EFP is to gather information for improving fisheries management or expanding fishing opportunities in the state by allowing researchers and fishers to engage in commercial or recreational marine fishing activities that are otherwise prohibited. All activities conducted under the EFP must comply with the terms and conditions placed on the permit for research purposes and the conservation and management of marine resources and the environment. As such, the project is the proper subject of CEQA’s Class 6 categorical exemption. The Commission does not believe reliance on the Class 6 categorical exemption to approve the permit under CEQA is precluded by the exceptions set forth in CEQA guidelines Section 15300.2. Commission review was guided by the California Supreme Court’s recent decision in Berkeley Hillside Preservation v. City of Berkeley. Given all of the available information in its possession relevant to the issue, the Commission does not believe authorizing the permit poses any unusual circumstances that would constitute an exception to the cited categorical exemption. Even if there were unusual circumstances, which the Commission does not believe is the case, no potentially significant effects on either a project-specific or cumulative basis are expected from this project. Furthermore, all activities authorized under the EFP Program are specifically prohibited from adversely impacting any established fisheries, marine living resources, or other natural resources under the provisions of Fish and Game Code Section 1022. Therefore, the exceptions set forth in the CEQA guidelines in Section 15300.2, Title 14, that would preclude the use of the categorical exemption do not apply and no further review is required.