IFB_P2670001,_Sample_Agreement.pdf

STATE OF CALIFORNIA - DEPARTMENT OF GENERAL SERVICES

STANDARD AGREEMENT

STD 213 (Rev. 04/2020)

AGREEMENT NUMBER

P2670001 PURCHASING AUTHORITY NUMBER (If Applicable)

SCO ID: 3600-P2670001 (SAMPLE)

1. This Agreement is entered into between the Contracting Agency and the Contractor named below:

CONTRACTING AGENCY NAME

California Department of Fish andWildlife

CONTRACTOR NAME

TBD

2. The term of this Agreement is:

START DATE

July 1, 2026

THROUGH END DATE

June 30, 2029

3. The maximum amount of this Agreement is:

$450,000.00 | Four Hundred Fifty Thousand Dollars and Zero Cents

4. The parties agree to comply with the terms and conditions of the following exhibits, which are by this reference made a part of the Agreement.

Exhibits Title Pages

Exhibit A Scope of Work 8

Exhibit A, Attch I Example of Recommendation Report from CA Dungeness Crab Task Force 12

Exhibit B Budget Detail and Payment Provisions 4

Exhibit C * General Terms and Conditions (GTC 02/2025) *

Exhibit D Additional Provisions 10

Exhibit I Travel Reimbursement Information 5

Items shownwith an asterisk (*), are hereby incorporated by reference andmadepart of this agreement as if attachedhereto.

These documents can be viewed at https://www.dgs.ca.gov/OLS/Resources

INWITNESSWHEREOF, THIS AGREEMENTHASBEEN EXECUTEDBY THE PARTIES HERETO.

CONTRACTOR

CONTRACTOR NAME (if other than an individual, state whether a corporation, partnership, etc.)

TBD

CONTRACTOR BUSINESS ADDRESS

TBD

CITY

TBD

STATE

TBD

ZIP

TBD

PRINTED NAME OF PERSON SIGNING

TBD

TITLE

TBD

CONTRACTOR AUTHORIZED SIGNATURE DATE SIGNED

STATE OF CALIFORNIA - DEPARTMENT OF GENERAL SERVICES

STANDARD AGREEMENT

STD 213 (Rev. 04/2020)

AGREEMENT NUMBER

P2670001 PURCHASING AUTHORITY NUMBER (If Applicable)

SCO ID: 3600-P2670001 (SAMPLE)

STATE OF CALIFORNIA

CONTRACTING AGENCY NAME

California Department of Fish andWildlife

CONTRACTING AGENCY ADDRESS

P.O. Box 944209

CITY

Sacramento

STATE

CA

ZIP

94244

PRINTED NAME OF PERSON SIGNING

AmyMowrer

TITLE

Branch Chief, Business Management Branch

CONTRACTING AGENCY AUTHORIZED SIGNATURE DATE SIGNED

CALIFORNIA DEPARTMENT OF GENERAL SERVICES APPROVAL EXEMPTION (If Applicable)

California Department of Fish and Wildlife Agreement Number: P2670001 Exhibit A – Scope of Work Contractor: TBD

(Version 05/2024)

1. Introduction of Services

The Contractor agrees to provide to the California Department of Fish and Wildlife (CDFW) facilitation services for the Dungeness Crab Task Force in accordance with the specifications, terms, and conditions contained herein.

2. Location of Services

The services will be performed at the Contractor’s business location(s):

TBD

The services may be performed at the following location:

A meeting venue, as to be determined by the Contractor, between San Luis Obispo and Del Norte Counties.

3. Service Schedule

The services will be provided between standard business hours, except on holidays. The Contractor will be required to obtain agreement, in writing, from the CDFW Contract Manager for any changes to the service schedule.

4. Project Officials

CDFW Project Officials Contractor Project Officials

Contract Manager Project Director Name: Christy Juhasz Name: TBD Phone: 707-292-2480 Phone: TBD Email: Christy.Juhasz@wildlife.ca.gov Email: TBD Address: 3637 Westwind Blvd. Address: TBD Santa Rosa, CA 9540

Direct all inquiries to: Direct all inquiries to:

CDFW – Marine Region Name: Christy Juhasz Name: TBD Address: 3637 Westwind Blvd Address: TBD

Santa Rosa, CA 9540 Phone: 707-292-2480 Phone: TBD Email: Christy.Juhasz@wildlife.ca.gov Email: TBD

Either party may make changes to the Project Officials by giving written notice to the other party. Said changes will not require an amendment to this Agreement.

mailto:Christy.Juhasz@wildlife.ca.gov

5. Scope of Work

a) Background and Objectives

Senate Bill 1310 (McGuire, 2018) amended Fish and Game Code Section 8276.4 to re-establish the Dungeness Crab Task Force to review and evaluate dungeness crab management measures, including the crab trap limit program, and make management recommendations to regulators and decision makers. This bill requires facilitation of task force meetings and development of other communications of the task force. There is a current sunset date for this statute when it becomes inoperative April 1, 2029, and repeals effective January 1, 2030. The sunset date may be extended during the contract term.

CDFW is seeking an environmental service consulting firm that will inform, manage, and support the work of the task force. The end result of the overall project will be recommendations on dungeness crab fishery management.

The facilitation Contractor agrees to provide facilitation services to the task force, who will produce final recommendation reports immediately following each full task force meeting. Facilitation services refer to a service wherein the facilitator supports constructive and open dialogue between groups with diverse and at times diametrically opposed positions, while remaining neutral, and not expressing or advocating any one point of view; enables the group to work effectively towards achieving a common goal.

Specifically, the facilitation services for this contract include these duties:

• Interpret the legal framework in which the task force makes recommendations to the legislature, CDFW, and the Fish and Game Commission, either written or verbal, into a form that is more easily understood by the stakeholder member(s).

• Provide, as necessary, an impartial analysis of relevant issues. The analysis may include, but not necessarily be limited to, alternate positions and the implications and potential consequences for supporting or opposing any particular position. The intent is to provide the stakeholder member(s) with the knowledge necessary to make informed recommendations by effectively communicating both positions on relevant issues.

• Maintain the calendar of task force meetings.

• Prior to task force meetings, prepare agenda items by reviewing and vetting topics.

The Facilitation Contractor is responsible for obtaining clarity on complex issues that they don’t understand.

• During meetings, provide support on discussions of agenda items and interpretation of actions. As with preparing the meeting, if the facilitator does not understand an issue, they are responsible for making sure that it is clarified.

Listed below is the summary of the Scope of Work (SOW) for Facilitation services that include:

1) Prepare, plan and facilitate meetings either in-person or virtually:

a. Allow up to six (6) full task force meetings over the duration of the contract wherein any recommendations for crab management measures will be submitted in the form of a report(s) to the Joint Fisheries and Aquaculture Committee, CDFW, and the Fish and Game Commission, and

b. Allow up to 18 Executive Committee meetings over the duration of the contract where priority topics/issues will be discussed before they are taken to the full task force

2) Hold internal check-in meetings with agency staff as time allows

3) Support task force member negotiations

4) Process travel reimbursements for task force members after any in-person meetings

b) Work to be Performed

The Contractor will provide the following services:

a) Task 1: Prepare, Plan and Facilitate Task Force Meetings

i. Support the task force by providing facilitation services for meetings to encourage productive dialogue between membership on dungeness crab fishery issues and management. Administer the task force under its current charter with guidance from CDFW staff. Develop recommendations to be voted on by a quorum of task force members at full task force meetings.

ii. Develop appropriate work products (memoranda, action plans, draft and final minutes, etc.) and circulate with task force members so they may review the accuracy of content. Share appropriate work products with the public.

iii. Ensure all task force meetings comply with all state laws for notice requirements, including the Open Meetings Act (Gov. Code Section 11120 et seq.).

iv. Draft and submit final recommendations report (details under Section (e) Reports) to the Joint Committee on Fisheries and Aquaculture, CDFW, and the Fish and Game Commission.

v. Objectives and Deliverables:

• Hold either one (1) or two (2) full task force meetings on an annual basis either in-person, preferably, or virtually. Reserve meeting room facilities for in-person meetings. Utilize conference lines and virtual meeting platform programs. Ensure that all meeting materials are provided, including but not limited to, printed materials and overhead projectors, easels, flip charts, etc.

• Hold between three (3) and six (6) Executive Committee meetings on an annual basis via virtual meeting platform.

• Post meeting materials and work products online, submit electronically via email list-serv, and also supply prior to/at every in-person meeting to the task force members.

• Post meeting agenda a minimum of ten (10) days prior to each meeting, work products and meeting materials supplied via email list-serv prior to meetings and/or at each in-person meeting.

• Prepare meeting summaries following each meeting and post online. Meeting summaries will be drafted within four (4) weeks after each teleconference and 45 days after each full task force meeting.

• Prepare a Final recommendations report (see details under Section

(e) Reports) ready for submittal within three (3) months of the full task force meetings.

b) Task 2: Hold Internal Check-In Meetings with Agency Staff and Notify CDFW of Review Time Periods

i. Schedule monthly calls with agency staff to discuss task force goals and objectives and prepare any agenda topics for upcoming task force meetings.

ii. Develop agendas and take notes of meetings as well as provide follow-up emails of follow-up tasks, including but not limited to, reviewing task force email notifications, agendas, task force meeting summaries and draft recommendation reports. Topics for meetings can also include administrative items including status and development of contract deliverables.

iii. Objectives and Deliverables:

• Meeting agenda provided at least one (1) day prior to each meeting.

• Notes and action items from meeting will be provided within one (1) day of each meeting.

• Provide at least five (5) days’ review time for any email notifications.

• Provide at least one (1) week notice for review of any meeting agendas and annotated summaries.

• Provide at least two (2) weeks’ notice for review for full meeting summaries and task force recommendations report.

c) Task 3: Support Task Force Member Negotiations

i. Conduct individual communication with members on at least a quarterly basis to understand what fishery issues task force members are interested in pursuing recommendations during scheduled meetings.

ii. Contact every task force member prior to each meeting, to confirm presence or if alternate will be present at in-person meeting and in order to discuss members’ viewpoints and approach with regard to the issues that are planned to be discussed at meeting.

iii. Objectives and Deliverables:

• Include dungeness crab fishery issues brought up during these communications to be discussed as priority topics during internal check-in calls, and/or executive committee and/or full task force meetings.

d) Task 4: Process Travel Reimbursement for Dungeness Crab Task Force Members

i. Process reimbursement using contract funds for dungeness crab task force members who file travel claims while adhering to per diem rates set by the State of California.

ii. Ensure that all travel reimbursement claims submitted by task force members are consistent with CDFW policies and fiscal deadlines.

iii. Objectives and Deliverables:

• Report out all detailed travel claim information on the next monthly contracting invoice or within 4 weeks of payment(s) to task force members.

c) Reports

See Exhibit A Attachment I for an example of the following Recommendation Report:

October 2024 Recommendations from the California Dungeness Crab Task Force Report

1. The report must include the following narrative sections:

a) A brief introduction section including a statement of purpose, the scope of the project, and a description of the approach and techniques used during the project.

b) Any additional information that is deemed appropriate by the CDFW Contract Manager and Contractor’s Project Director.

2. The report must summarize the following data elements:

a) Any and all of the recommendations that received at least 2/3 vote of the membership in the affirmative

b) Breakdown of the number of votes for these recommendations

c) Provide any introductory background information for each recommendation

d) Next steps of the task force, including but not limited to, the timing of the next full task force meeting

3. The Contractor will prepare and submit the draft report to the CDFW Contract Manager and other CDFW staff by email. The CDFW Contract Manager will have at least two (2) weeks to provide comments to the draft report, after which a final report must be prepared. The CDFW Contract Manager may accept the draft report as the final report. The report will not be considered final until accepted and approved by the CDFW Contract Manager.

4. Submit final report in PDF format to the Joint Committee on Fisheries and Aquaculture, CDFW, and the FGC within three (3) months of the in-person full task force meetings as well as make available to the public by posting on the task force website.

d) Schedule of Completion Dates

Activity (these fall under Tasks 1 and 2) Anticipated Due Dates*

Up to 3 Executive Committee Meetings and up to 6 internal check-in meetings with agency staff

July 2026 – Dec 2026

Full Task Force Meeting Oct 2026

Task Force Recommendations Report Jan 2027

Optional Full Task Force Meeting Jan – September 2027

Up to 6 Executive Committee Meetings and up to 12 internal check-in meetings with agency staff

Jan - Dec 2027

Full Task Force Meeting Oct 2027

Task Force Recommendations Report Jan 2028

Optional Full Task Force Meeting Jan – September 2028

Up to 6 Executive Committee Meetings and up to 12 internal check-in meetings with agency staff

Jan – Dec 2028

Full Task Force Meeting Oct 2028

Task Force Recommendations Report Jan 2029

Optional Full Task Force Meeting Jan –June 2029**

Up to 3 Executive Committee Meetings and up to 6 internal check-in meetings

Jan – June 2029**

*Changes to due dates must be agreed upon in writing by the Contractor and CDFW Contract Manager. Due dates must fall within the term of the contract.

**Note: Authorizing statute Fish and Game Code Section 8276.4 may be inoperative after April 1, 2029, unless sunset dates are amended via legislation during contract period.

6. Contractor Minimum Qualifications/Requirements

A. The Contractor must designate a person to whom all project communications may be addressed and who has the authority to act on all aspects of the contract for services. This person will be listed in Exhibit A, Scope of Work, as the Contract Project Manager. The established person will be responsible for the overall project and will be the contact for all invoice and Contractor staffing issues.

B. The Contract Project Manager must have at least six (6) years minimum experience in coordination/facilitation of invertebrate fisheries management with stakeholders, particularly obtaining consensus recommendations from a body similar to the task force.

C. The Contractor must demonstrate a minimum of six (6) projects with experience of communication/outreach efforts, conflict resolution strategies to achieve consensus recommendations and constructively working with a diverse group of constituencies that includes commercial and recreational fishermen and fishing communities, CDFW, Fish and Game Commission (FGC), and/or other state and federal resource management agencies.

D. The Contractor must provide three (3) Professional References that can evaluate their overall experience with contracting the firm for administering stakeholder groups, the firm’s communication approach and the firm’s conflict resolution strategies used to administer these groups.

7. Insurance Requirements

The Contractor will be required to maintain the following insurance coverage throughout the duration of this agreement and must supply proof of coverage upon request by CDFW.

Insurance must be in accordance with the Exhibit D CDFW Additional Provisions.

A. Commercial General Liability (limits not less than $1,000,000 per occurrence with a $2,000,000 annual policy aggregate).

B. Automobile Liability (limits not less than $1,000,000 combined single limit per accident)

C. Professional Liability (limits not less than $1,000,000 per occurrence and $3,000,000 policy aggregate)

D. Workers Compensation and Employers Liability (limits of $1,000,000 are required.

The waiver of subrogation endorsement must also be provided).

The above policies must each be endorsed to include “the State of California, its officers, agents and employees as additional insured but only with respect to work performed under the Contract”.

REPORT

TO: Joint Committee on Fisheries and Aquaculture, Mike McGuire, Chair

Joint Committee on Fisheries and Aquaculture, Dawn Addis, Vice Chair California Fish and Game Commission, Samantha Murray, President California Department of Fish and Wildlife, Charlton Bonham, Director

CC: California Ocean Protection Council, Jenn Eckerle, Executive Director

California Fish and Game Commission, Melissa Miller-Henson, Executive Director California Fish and Game Commission, Susan Ashcraft, Marine Advisor California Department of Fish and Wildlife, Craig Shuman, Marine Region Manager Pacific States Marine Fisheries Commission, Caren Braby, Sr. Program Manager Joint Committee on Fisheries and Aquaculture, Chris Nielsen, Capitol Director

FROM: California Dungeness Crab Task Force

DATE: December 11, 2024

RE: October 2024 recommendations from the California Dungeness Crab Task Force

APPENDICES: (1) Dungeness Crab Task Force Background and Operations

(2) October 29-30, 2024 DCTF Meeting Summary

(3) DCTF Charter - Updated November 2023

(4) Trap Limit Program Department Accounting through the 2022-23 FY

(5) Trap Limit Program Department Accounting, March 13, 2014

(6) December 9, 2021 DCTF Report: October 2021 recommendations from the California Dungeness Crab Task Force

(7) December 9, 2020 DCTF Report: October 2020 recommendations from the California Dungeness Crab Task Force

(8) PCFFA Position on Triggers for Management Action in the Dungeness Crab Fishery

(9) CBD v. Bonham settlement from 2019: Case 3:17-cv-05685-MMC Document 71 Filed 03/26/19 Page 3 line3-7.

(10) November 2023 recommendations from the California Dungeness Crab Task Force

This report provides recommendations from the legislatively mandated California Dungeness Crab Task Force (DCTF) to the Joint Committee on Fisheries and Aquaculture (the Legislature), the California Department of Fish and Wildlife (CDFW), and the Fish and Game Commission (FGC).

These recommendations are presented to inform Dungeness crab fisheries management, including future and existing legislation and regulations. Specifically, this report includes recommendations related to the state’s management of the Dungeness crab account, fishing practices, reporting, lost gear retrieval, and addressing the Risk Assessment and Mitigation Program (RAMP) and marine life entanglements. Additional details on the DCTF’s recommendations are available in the full October 29-30, 2024 meeting summary, which is available on the DCTF’s website (Appendix 2).

https://opc.ca.gov/wp-content/uploads/2023/12/DCTF_BackgroundOperations_Dec2023-508.pdf https://opc.ca.gov/wp-content/uploads/2024/12/DCTF_Meeting-Summary_Oct-29-30_2024-508.pdf https://opc.ca.gov/wp-content/uploads/2023/12/DCTF_Charter_Update_Draft_Nov2023-508.pdf https://nrm.dfg.ca.gov/FileHandler.ashx?DocumentID=225718&inline&mc_cid=106f4a8fd9&mc_eid=d5fb3963e6 https://nrm.dfg.ca.gov/FileHandler.ashx?DocumentID=78938&inline https://www.opc.ca.gov/webmaster/_media_library/2009/04/DCTF_LegReport_October2021.pdf https://www.opc.ca.gov/webmaster/_media_library/2009/04/DCTF_LegReport_October2021.pdf https://opc.ca.gov/wp-content/uploads/2020/12/DCTF_LegReport2020.pdf https://opc.ca.gov/wp-content/uploads/2020/12/DCTF_LegReport2020.pdf https://opc.ca.gov/wp-content/uploads/2024/12/2024_PCFFA_PositionStatement_DCTF-508.pdf https://opc.ca.gov/wp-content/uploads/2024/12/2024_PCFFA_PositionStatement_DCTF-508.pdf https://opc.ca.gov/wp-content/uploads/2024/12/2024_PCFFA_PositionStatement_DCTF-508.pdf https://www.biologicaldiversity.org/campaigns/fisheries/pdfs/whale-entanglement-settlement-agreement.pdf https://www.biologicaldiversity.org/campaigns/fisheries/pdfs/whale-entanglement-settlement-agreement.pdf https://www.biologicaldiversity.org/campaigns/fisheries/pdfs/whale-entanglement-settlement-agreement.pdf https://www.biologicaldiversity.org/campaigns/fisheries/pdfs/whale-entanglement-settlement-agreement.pdf https://www.biologicaldiversity.org/campaigns/fisheries/pdfs/whale-entanglement-settlement-agreement.pdf https://www.biologicaldiversity.org/campaigns/fisheries/pdfs/whale-entanglement-settlement-agreement.pdf https://opc.ca.gov/wp-content/uploads/2023/12/DCTF_LegReport_November_2023_508.pdf https://opc.ca.gov/wp-content/uploads/2023/12/DCTF_LegReport_November_2023_508.pdf https://www.opc.ca.gov/2009/04/dungeness-crab-task-force/ https://opc.ca.gov/wp-content/uploads/2024/12/DCTF_Meeting-Summary_Oct-29-30_2024-508.pdf

BMCCOLGAN

Typewriter California Department of Fish and Wildlife Exhibit A, Attachment I

The DCTF appreciates the opportunity to advance and inform the management of the Dungeness crab fishery in partnership with the Legislature, CDFW, and FGC. The DCTF’s work was completed pursuant to Fish and Game Code (FGC) §8276.4 with financial support as directed by FGC §8276.5. For additional background details and DCTF operations, please see Appendix 1.

Additional information, including previous reports and meeting summaries with details on the development of the recommendations provided in this report, is available on the DCTF webpage: http://www.opc.ca.gov/2009/04/dungeness-crab-task-force/.

DCTF VOTES AND ANALYSIS

The DCTF developed the following recommendations during a two-day meeting on October 29-30, 2024. The recommendations represent the agreements of DCTF Members present at the meeting (as per voting protocols defined in the DCTF Charter, Appendix 3)1. However, in some cases, the recommendations are not the verbatim language used when the votes were taken. Because of the iterative nature of the conversations at the DCTF meetings, the language of some recommendations has been adjusted to improve clarity. The additional context and the voting record will be included in the meeting summary, which will be posted on the DCTF’s webpage when available. Explanatory notes are provided below each recommendation when necessary.

DCTF RECOMMENDATIONS — October 29-30, 2024

Summary of Recommendations

Recommendation # Legislative, Regulatory, or Administrative

Change Requested?

Audience for Recommendation

Vote Count (14 affirmatives needed to pass a recommendation)

1a: Managing the Dungeness Crab Account’s Existing Surplus

[X] Legislative [ ] Regulatory [ ] Administrative

[X] Legislature

[ ] CDFW

[ ] FGC

18 affirmative 0 opposed 3 absent

1b: Preventing a Continued Surplus in the Dungeness Crab Account

[ ] Legislative [X] Regulatory [ ] Administrative

[ ] Legislature

[X] CDFW

[ ] FGC

19 affirmative 0 opposed 2 absent

2: 96-Hour Gear Servicing Requirement

[X] Legislative [ ] Regulatory [ ] Administrative

[X] Legislature

[X] CDFW

[ ] FGC

19 affirmative 0 opposed 2 absent

3: Transiting a Closed Area [X] Legislative [ ] Regulatory [X] Administrative

[X] Legislature

[X] CDFW

[ ] FGC

19 affirmative 0 opposed 2 absent

4: Streamlined Reporting [X] Legislative [ ] Regulatory [X] Administrative

[ ] Legislature

[X] CDFW

[ ] FGC

19 affirmative 0 opposed 2 absent

1 As part of the DCTF’s voting procedures, thumbs up and thumbs sideways are both counted as affirmative votes in determining whether a recommendation has at least the ⅔ affirmative vote required to be forwarded to the Joint Committee on Fisheries and Aquaculture, CDFW, and FGC.

https://www.opc.ca.gov/webmaster/_media_library/2009/04/DCTF_Background_and_Operations_Dec_2021.pdf http://www.opc.ca.gov/2009/04/dungeness-crab-task-force/ https://opc.ca.gov/wp-content/uploads/2023/12/DCTF_Charter_Update_Draft_Nov2023-508.pdf

Recommendation # Legislative, Regulatory, or Administrative

Change Requested?

Audience for Recommendation

Vote Count (14 affirmatives needed to pass a recommendation)

5: Expansion of Lost Gear Recovery

[ ] Legislative [ ] Regulatory [X] Administrative

[ ] Legislature

[X] CDFW

[ ] FGC

19 affirmative 0 opposed 2 absent

6: PCFFA & Updating Triggers [ ] Legislative [X] Regulatory [ ] Administrative

[X] Legislature

[X] CDFW

[ ] FGC

19 affirmative 0 opposed 2 absent

7: Alignment Across State and Federal Whale Mitigation Processes n/a [X] Legislature

[X] CDFW

[ ] FGC

19 affirmative 0 opposed 2 absent

8: Funding Support for Line- Marking n/a [X] Legislature

[ ] CDFW

[ ] FGC

19 affirmative 0 opposed 2 absent

9: Funding for Industry-Led Surveys to Support RAMP n/a [X] Legislature

[ ] CDFW

[ ] FGC

19 affirmative 0 opposed 2 absent

The Dungeness Crab Account, FGC §8276.5 CDFW provides an annual accounting of the Dungeness Crab Account (FGC §8276.5). The DCTF has provided recommendations with respect to the Dungeness Crab Account in previous years and continues to track it closely.

Recommendation 1a, Managing the Dungeness Crab Account’s Existing Surplus: The DCTF recommends the surplus funds sitting in the Dungeness Crab Account (FGC §8276.5) that continue to accrue in excess of CDFW and the DCTF’s expenditures be deposited in an interest-bearing account managed and overseen by the Pacific States Marine Fisheries Commission (PSMFC). Any continued surplus in the Dungeness crab account should be deposited to PSMFC biannually. The DCTF expects PSMFC to work in partnership with the DCTF and CDFW to use these funds in a fashion that is in alignment with the DCTF’s identified priorities. The funds should not be used without approval from the DCTF and should not be utilized by the Tri-State Dungeness Crab Commission.

If there is no way to distribute the funds to PSMFC or PSMFC cannot work with the DCTF to spend these funds in alignment with the DCTF’s priorities, then the DCTF rescinds this recommendation and recommends moving forward with an alternative option outlined in Recommendation 1b.

Vote of all DCTF Members (ex officio Members abstained):

Thumbs up Thumbs Sideways

Thumbs Down Abstained Absent

16 2 0 0 3

Rationale:

Pursuant to FGC §8276.5(a)(5), CDFW provides an annual account of the costs associated with the Dungeness Crab Trap Limit Program (DCTLP). The funds collected through the DCTLP are deposited in the Dungeness Crab Account. FGC §8276.5(e) restricts the use of those funds so they may be used only to: 1) administer and enforce the DCTLP and 2) support the administration and facilitation of the DCTF. The most current accounting shows that as of the 2022-23 fiscal year, there is an end-of-year balance of $3.5M2 in the account (Appendix 4). At the October 2024 DCTF meeting, CDFW shared that the account must maintain a balance to cover the CDFW’s spending authority of $1.1M for 2023-24 FY and maintain a reserve of $1.1M for fiscal uncertainties leaving an excess of at least $1.3M in the account.

The DCTF believes the $1.3M excess funds should be used to support the Dungeness crab fleet’s priorities. The DCTF would like to work with PSMFC to help identify priorities which may include, but will not be limited to, funding research, gear retrieval efforts, vessel monitoring surveys, gear marking, etc. The DCTF is disappointed to learn that the excess funds in the Dungeness crab account have not been accruing interest through an interest-bearing account. By responsibly managing the fund, PSMFC could help ensure the $1.3M and other surplus funds shared in the future can be used to support industry priorities and needs long-term.

Recommendation 1b, Preventing a Continued Surplus in the Dungeness Crab Account: If the surplus in the Dungeness Crab Account (FGC §8276.5) cannot be managed by PSMFC, then the DCTF recommends amending §132.1 Title 14, CCR to reduce the cost of the biennial permit fees to the fleet thereby eliminating the continued accrual of a surplus in the Dungeness crab account. The DCTF estimates that by reducing the biennial permit fee down to $600 while continuing to charge $5/tag, CDFW should be able to cover the costs of the DCTLP and the DCTF while not continuing to accumulate a surplus.

Vote of all DCTF Members (ex officio Members abstained):

Thumbs up Thumbs Sideways

Thumbs Down Abstained Absent

19 0 0 0 2

Rationale:

The DCTF understands that CDFW must use the Dungeness Crab Account to cover costs to administer and enforce the DCTLP and support the administration and facilitation of the DCTF.

However, since the program's inception in 2013-2014 FY (Appendix 5), CDFW has not utilized its full spending authority and continues to accrue excess funds in the account year after year (Appendix 4). As a result, CDFW is mandated to lower the cost of the fees associated with the program trap tag fee and the biennial trap limit permit fee. As outlined in Recommendation 1a, the DCTF supports utilizing these excess funds to support DCTF priorities listed, but if it is not possible for PSMFC to manage these funds, then the DCTF recommends §132.1 Title 14, California Code of Regulations (CCR) be amended to reduce the cost of the biennial trap limit permit fee to the fleet to eliminate the surplus in the account. The revenue generated by the DCTLP should not continue to exceed the costs of the program and DCTF.

2 Following the DCTF meeting, information was shared that the fund accrued interest through the state’s PMIA:

https://www.treasurer.ca.gov/pmia-laif/pmia/index.asp https://nrm.dfg.ca.gov/FileHandler.ashx?DocumentID=225718&inline&mc_cid=106f4a8fd9&mc_eid=d5fb3963e6 https://nrm.dfg.ca.gov/FileHandler.ashx?DocumentID=78938&inline https://nrm.dfg.ca.gov/FileHandler.ashx?DocumentID=225718&inline&mc_cid=106f4a8fd9&mc_eid=d5fb3963e6 https://www.treasurer.ca.gov/pmia-laif/pmia/index.asp

General Dungeness Crab Fishery Management FGC §8276.4 mandates that the DCTF discuss refining commercial Dungeness crab fishery management and the need for statutory changes to accomplish DCTF objectives. The DCTF identified relevant regulatory and legislative needs; Recommendations 2-5 directly relate to resolving issues the industry has faced in recent years.

Recommendation 2, 96-Hour Gear Servicing Requirement: The DCTF recommends and reaffirms their 2020 & 2021 recommendations to amend the 96-hour (4 days) gear servicing requirement (FGC §9004) to allow no less than a 7-day and up to a 9-day soak time weather permitting for commercial Dungeness crab. This recommendation aligns with §29.80 Title 14, CCR for the California recreational Dungeness crab fishery.

The Dungeness crab fishery has tools in place to address potential concerns related to increased gear loss, including an electronic monitoring mandate to track fishing activity and a lost-gear recovery program that incentivizes recovery of lost gear. The DCTF will work with CDFW to explore the development of additional programs to provide incentives for reducing gear loss (e.g., rewards for fishermen who lose minimal gear each season).

Vote of all DCTF Members (ex officio Members abstained):

Thumbs up Thumbs Sideways

Thumbs Down Abstained Absent

15 4 0 0 2

Rationale:

In the 2020 and 2021 reports (Appendix 6 and 7), the DCTF expressed concerns about FGC §9004, especially later in the season when it is not economically viable or environmentally sound to service gear every 96 hours (4 days). The DCTF believes the commercial Dungeness crab fishery should be allowed a longer servicing interval. The DCTF recommends this interval be no less than seven days and up to nine days, with the latter option in alignment with the recreational Dungeness crab fishery.

Servicing commercial Dungeness crab fishing gear every 96 hours, especially later in the season when crab become sparser, is not economically viable as the cost to operate the vessel/crew far exceeds the value of the catch. Additionally, fewer trips to service gear also equate to less gas use and fewer emissions, which has positive implications for the environment. Fishermen have also shared that the urgency of complying with this law hinders the ability to find lost gear during the day since they are in a rush to service the gear they can readily find within the 96 hour window.

The DCTF hears the concerns expressed by CDFW and some groups related to this recommended change regarding entanglement risk; however, there is no evidence that an increased servicing interval equates to increases in marine life entanglement risk. The DCTF sees value in aligning the California commercial Dungeness crab servicing interval with the California recreational fishery, as well as the Dungeness crab fisheries in Oregon and Washington. Unlike California’s servicing requirement of pulling gear every 96 hours, Oregon and Washington require a landing every two weeks (OAR 635-005-0485 and WAC 220-340-480). California should not be held to a different standard than the other two states. Additionally, the National Marine Fisheries Service (NMFS) will establish a West Coast Take Reduction Team (TRT) in 2025 to address the incidental mortality and serious injury of humpback and blue whales in trap/pot fisheries along the West Coast of the U.S, including Dungeness crab fisheries in California, Oregon, and Washington.

Under the TRT process, there may be value for gear servicing/landing requirements to be https://opc.ca.gov/wp-content/uploads/2020/12/DCTF_LegReport2020.pdf https://opc.ca.gov/wp-content/uploads/2009/04/DCTF_LegReport_October2021.pdf https://oregon.public.law/rules/oar_635-005-0485 https://app.leg.wa.gov/WAC/default.aspx?cite=220-340-480 https://www.fisheries.noaa.gov/west-coast/marine-mammal-protection/west-coast-take-reduction-team consistent across the three states. The Dungeness crab fishery is strongly opposed to marine life entanglements and would not recommend an extended service interval if they believed it would result in more entanglements.

CDFW and environmental groups have also expressed concern that extending the gear servicing interval would result in increased gear loss. The DCTF would not recommend a fishing practice they believe would increase gear loss because it is an environmental and navigational hazard, as well as a financial loss to fishing businesses. Gear loss is expensive and primarily caused by rough weather and boating traffic, not because of longer servicing times. The commercial Dungeness crab fishery has multiple means of coordinating lost gear retrieval efforts, including a permitted lost fishing gear recovery program (FGC §9002.5 and §132.7 Title 14, CCR) as well as gear retrieval allowances in-season and post-season (§132.2 Title 14 CCR) as described in Recommendation 4.

The permitted program disincentivizes gear loss through potential fines or revocation of permit(s).

The DCTF continues to prioritize lost gear recovery as described in Recommendation 5.

The DCTF also pointed to existing regulations that would help address concerns about lost and displaced gear. The RAMP (§132.8 Title 14, CCR) mandates that all commercial Dungeness crab fishermen have an electronic monitoring device onboard their vessels by the 2023-24 fishing season. This device must be “capable of tracking and recording vessel location using GPS coordinates at a frequency of no less than once a minute during fishing operations.” This electronic monitoring requirement will allow fishermen and managers to better monitor gear placement and help mitigate gear loss or displacement. There are other ways the fleet will be required to report gear loss and retrieval efforts under both regulatory updates to the RAMP bi-weekly fishing activity report and the lost or abandoned gear retrieval regulation, §132.2 Title 14 CCR. These tools will also help track and mitigate lost gear.

Maintaining a 96-hour service interval for trap gear is an economic burden on the fleet with negative environmental implications and no evidence that it would result in an increase in entanglement risk or gear loss.

Recommendation 3, Transiting a Closed Area: While currently prohibited by law, the DCTF believes it is important to create a legal pathway to allow fishermen to transit a closed management zone with crab onboard. The DCTF recommends that before being allowed to transit a closed management zone while in possession of crab, vessel operators must make a declaration to CDFW’s Marine Enforcement Division. Operators must designate the port they are transiting to in their declaration with procedures to follow in case of mechanical failure and/or vessel breakdown during transit. Transiting vessels must continuously transit as defined by federal regulations3 and the California Code of Regulations.4 This includes taking a direct, expeditious route without loitering or stopping. Transiting vessels must have a CDFW-approved electronic monitoring system onboard that is fully operational during the transit.

3 Code of Federal Regulations 660.11 states “Continuous transiting or transit through means that a vessel crosses a groundfish conservation area or EFHCA on a heading as nearly as practicable to a direct route, consistent with navigational safety, while maintaining expeditious headway throughout the transit without loitering or delay.”

4 §150.06(b) Title 14, CCR states “Continuous transit is defined as on a heading as nearly as practicable to a direct route through a California Groundfish Restriction Area or closed waters, while maintaining expeditious headway throughout transit without delay and with fishing gear stowed and secured in such a manner that it is rendered unusable for fishing.”

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Rationale:

Various sections of the Fish and Game code state that it is unlawful to “take or possess” Dungeness crab while in a closed zone. Additionally, FGC §8276.4(a)(1) states that a vessel may transit a closed area with Dungeness crab traps onboard only if there is no crab onboard the vessel. These regulations make it burdensome for those fishing on the edge of an open management zone (e.g., Bodega Bay) or the state (e.g., Crescent City) and wish to land the crab in their possession. These regulations are in place to ensure that crab are not being caught in closed zones. Oregon and Washington allow vessels to transit a closed area if they declare to their respective Fish and Wildlife agencies before transiting. Federal groundfish fisheries also allow transiting if the fishing gear is properly stowed, meaning it is not deployed and is either below deck or secured in a way that renders it unusable for fishing. To be applicable to the Dungeness crab fishery, gear would need to be secured and rendered unusable (meaning the trap doors tied open, traps strapped down on the deck so they can’t deploy, etc). A transiting allowance in a closed zone can be enforced through electronic monitoring devices, while any deviations recorded as a result of vessel mechanical issues would need to be addressed. Therefore, the DCTF recommends that CDFW provide an exemption process if vessel breakdowns occur when transiting. The DCTF recommends that CDFW develop a process that reflects the process described in Recommendation 3.

Recommendation 4, Streamlined Reporting: The DCTF recommends streamlining the multiple reports — one for retrieval of lost gear efforts and another for lost trap numbers under the RAMP program — to improve efficiencies and reduce reporting burdens on fishermen.

In the short term, the DCTF recommends that CDFW update the RAMP bi-weekly report to include a link to the lost gear retrieval report. Additionally, the DCTF recommends that CDFW provide text reminders to permit holders for both reporting requirements.

The DCTF also recommends improving lost gear reporting by uploading images of lost gear fishermen find in the ocean but are unable to retrieve along with location information (e.g., latitude and longitude).

The DCTF recommends CDFW continue to explore long-term solutions to streamline data collection and management across both the RAMP program and lost gear retrieval efforts. To do this, CDFW should clarify their data needs, objectives, and constraints with the goal of streamlining reporting so there is a single location for the fleet to submit their reports.

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Rationale:

The California Department of Fish and Wildlife (CDFW) released a Notice of Proposed Rulemaking:

https://wildlife.ca.gov/Notices/Regulations/Gear-Retrieval-Expansion

Expanded Retrieval of Lost or Abandoned Commercial Dungeness Crab Traps (Amend Section (§) 132.2, Title 14, California Code of Regulations (CCR)) that would, among other things, establish an enhanced reporting requirement to track locations and amount of derelict gear for management and law enforcement purposes. Section § 132.2(a)(2)(D), Title 14, CCR states: “On or before the first day of each month, vessel operators shall report information required by subsection (a)(2)(C) for any traps retrieved during the prior month. Reporting shall be via email or text to LostGear@wildlife.ca.gov, or on an electronic form prescribed by the Department.” However, commercial Dungeness crab fishermen are also required to submit a biweekly report for the Risk Assessment and Mitigation Program (RAMP § 132.8, Title 14, CCR) regarding their fishing activities.

Requiring permit holders to submit multiple reports for the same fishery at varying frequencies and to different emails is confusing and may impact compliance rates.

The DCTF identified short-term solutions to address this issue in the recommendation above. The DCTF also requested CDFW develop a longer-term solution to make the process less cumbersome, reduce confusion within the fleet, and increase compliance. One longer-term solution identified by the DCTF is outlined in Recommendation 5.

Recommendation 5, Expansion of Lost Gear Recovery: The DCTF recommends the Pacific Coast Federation of Fishermen's Association (PCFFA) and the Nature Conservancy (TNC) work collaboratively to expand California’s voluntary lost-gear retrieval efforts. The DCTF recommends the industry work with PCFFA and TNC to coordinate the use of a user-friendly smartphone app developed by TNC. This app would allow commercial Dungeness crab fishermen and all other boaters to document the latitude and longitude from images taken of lost gear on the water and track retrieval efforts. The DCTF believes that crowdsourcing lost trap location data will better support a coastwide, voluntary lost gear recovery effort by the fleet.

The DCTF recommends CDFW, TNC, and PCFFA coordinate immediately to identify an expedited way to incorporate the data collected from the TNC app to satisfy gear retrieval reporting requirements outlined in §132.2, Title 14, CCR. The data collection from the app should eventually replace the monthly reporting outlined in §132.2 and provide more robust and real-time data of lost gear retrieval efforts, including the quantity of Dungeness crab lost gear retrieved from the water.

The DCTF requests an update on the progress of this data integration process by the summer of 2025.

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Rationale:

As illustrated by numerous DCTF recommendations over the last 16 years, the industry views the removal of all lost and derelict gear as an urgent and crucial step to ensuring a clean ocean and reducing the number of marine life entanglements. This includes reducing entanglements of unidentified origin, which negatively impact the commercial and recreational Dungeness crab fishery as part of the RAMP. The industry is eager to clean up the ocean and remove derelict gear in partnership with CDFW, TNC, PCFFA, and other ocean users (e.g., recreational fishermen, whale watch vessels, etc). Leadership and coordination support from PCFFA and TNC will be crucial in further developing this voluntary program. The DCTF hopes these efforts as an industry will be supported by fisheries managers and that CDFW will integrate this innovative data source into reporting requirements outlined in §132.2, Title 14, CCR. This recommendation is also in https://wildlife.ca.gov/Notices/Regulations/Gear-Retrieval-Expansion https://wildlife.ca.gov/Notices/Regulations/Gear-Retrieval-Expansion mailto:LostGear@wildlife.ca.gov alignment with Recommendation 4 as a means to streamline data collection while still gathering crucial information that can inform the RAMP program, CDFW’s management goals, and the industry’s commitment to a healthy and thriving ocean.

Marine Life Entanglements in Dungeness Crab Fishing Gear Fish and Game Code (FGC) §8276.4 mandates the DCTF discuss refining Dungeness crab management. A huge focus of the commercial and recreational California Dungeness crab fisheries in the last few years has been addressing and reducing the incidence of marine life entanglements. During the November 2023 meeting, the DCTF’s discussion focused primarily on the RAMP (§132.8 to Title 14, CCR) and other topics that directly inform the RAMP, including the state’s efforts to apply for an Incidental Take Permit (ITP).

Recommendation 6, PCFFA & Updating Triggers: The DCTF supports PCFFA’s position to revisit the triggers for management action in the RAMP and Conservation Plan (Appendix 8) and recommends state and federal fisheries managers reevaluate the triggers in the settlement and RAMP to reflect the most current, relevant, and available science.

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Rationale:

Marine life concentration numbers initially identified in the CBD v. Bonham5 settlement from 2019 (Appendix 9), are the basis for RAMP marine life concentration triggers that result in fishery management actions. As clearly stated in the PCFFA letter to CDFW (Appendix 8), the DCTF believes these triggers are outdated and should reflect the most current, available science to prevent unnecessary economic impacts to the Dungeness crab fishery.

Recommendation 7, Alignment Across State and Federal Whale Mitigation Processes: The DCTF recommends that the various programs to minimize entanglement risk that will soon affect the Dungeness crab fishery better align and complement one another. These programs include:

● RAMP regulatory changes in 2025,

● Implementation of the TRT in 2025, and

● Issuance of the ITP as a result of submitting the Conservation Plan.

The DCTF strongly recommends that CDFW commit to working on adaptive management components and outcomes from the TRT and other parallel processes and incorporate them into the Conservation Plan.

The DCTF recommends the most updated data, information, and stock assessments for humpback and blue whales be used to inform the TRT, RAMP, ITP, and other related fishery management decisions moving forward. The DCTF requests updated data also be made available to the industry as soon as possible.

5 Case 3:17-cv-05685-MMC Document 71 Filed 03/26/19 Page 3 line3-7.

https://opc.ca.gov/wp-content/uploads/2024/12/2024_PCFFA_PositionStatement_DCTF-508.pdf https://www.biologicaldiversity.org/campaigns/fisheries/pdfs/whale-entanglement-settlement-agreement.pdf https://www.biologicaldiversity.org/campaigns/fisheries/pdfs/whale-entanglement-settlement-agreement.pdf https://opc.ca.gov/wp-content/uploads/2024/12/2024_PCFFA_PositionStatement_DCTF-508.pdf

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Rationale:

The alignment of RAMP rulemaking changes, TRT, ITP and other fishery management and protected species processes is crucial for both conservation and fishing industry success. When properly coordinated, these processes create effective, efficient, and legally sound strategies that protect marine life while reducing burdens on the Dungeness crab fleet. If these processes are misaligned, they can create significant challenges for the industry. They can erode trust between fishermen and managers while creating regulatory uncertainty and operational inefficiencies.

Fishermen may face contradictory regulations or overlapping requirements, leading to confusion and potential non-compliance. The financial impact is particularly concerning - fishermen might invest in unnecessary equipment or lack adequate time to adapt to changing regulations. This uncertainty makes proper planning and budgeting nearly impossible, especially considering the economic effects of gear modifications, seasonal delays, and closures.

A coordinated approach ensures that management decisions are based on the best available science and can adapt to new data. For example, if TRT requirements become less restrictive than RAMP regulations, the latter should be adjusted accordingly. This flexibility, combined with clear, consistent regulations, helps achieve the ultimate goal: protecting endangered species while maintaining a viable California Dungeness crab fishing industry. Through better alignment, we can maximize conservation outcomes while ensuring regulations remain practical and feasible for the fishing community to implement.

Recommendation 8, Funding Support for Line-Marking: The DCTF recommends the state of California identify and allocate resources to cover the cost of materials and labor to support fishermen with the transition to line marking to uniquely identify California commercial Dungeness crab gear in entanglements to satisfy the requirements in the updated RAMP regulations that supports issuance of an ITP.

Vote of all DCTF Members (ex officio Members…