Cal. Code Regs. Tit. 14, § 106.5 - Drift Gill Net Shark and Swordfish Permit Transition Program
(a) Drift gill net
shark and swordfish permittees with valid permits issued pursuant to Section
106 of these regulations who
choose to participate in the transition program shall submit a completed and
notarized department form, Declaration of Intent to Participate in Drift Gill
Net Transition Program (DFW 1083, NEW 08/31/19), herein incorporated by
reference. All Declarations of Intent to Participate in Drift Gill Net
Transition Program must be postmarked on or before January 1, 2020.
(b) When funds are available, the department
shall notify in writing a permittee who submits form DFW 1083 in the order
received whether the permittee meets the requirements of Section
8583 of
the Fish and Game Code.
(c) Any
permittee who meets the requirements of Section
8583 of
the Fish and Game Code and voluntarily participates in the transition program
shall indicate on form DFW 1083 agreement to:
(1) Upon notification of eligibility in the
program pursuant to subsection (b) above, surrender their permit to the
department within one year of notification pursuant to subsection (b) or
January 31, 2024, whichever comes first. For the purposes of the program, the
most recent valid drift gill net shark and swordfish permit possessed for the
2019/2020 through 2023/2024 permit year will be accepted.
(2) Upon notification of eligibility in the
program pursuant to subsection (b) above, surrender all large mesh (greater
than or equal to 14 inch) drift gill nets to an entity approved by the
department for the purpose of destroying the nets as defined in subsection (f)
of this Section, and provide the department valid receipt of net
relinquishment, within one year of notification pursuant to subsection (b) or
January 31, 2024, whichever comes first.
(3) Be prohibited from obtaining a new
California drift gill net shark and swordfish permit.
(4) Upon receipt of payment, not fish under,
transfer, or renew a federal drift gill net permit.
(d) A permittee who the department has
determined meets the requirements of Section
8583 of
the Fish and Game Code, who complies with subsection (c) of this Section within
one year of notification pursuant to subsection (b) or January 31, 2024,
whichever comes first, and who submits a completed state form STD 204, Payee
Data Record (Rev. 5/2018, incorporated by reference herein) shall be
compensated pursuant to subdivision (a) of Section
8583 of
the Fish and Game Code.
(e) Any
permittee who has completed the steps outlined in subsections (a) or (b) of
this Section may withdraw their intent to participate in the Transition Program
prior to receipt of compensation outlined in subsection (d) of this Section by
submitting written notice to the department's License and Revenue
Branch.
(f) The department shall
approve entities upon written request for the purpose of destroying large mesh
drift gill nets pursuant to the transition program. Destroy means modification
of the nets to the point they may no longer be used for the purpose of drift
gill net fishing, and may include recycling net components for non-drift gill
net purposes.
(1) Written requests shall be
submitted to the department at CPSHMS @wildlife.ca.gov.
(2) Written requests shall document how the
entity meets the following criteria:
(A) Be a
legal entity, with experience in receiving and destroying commercial fishing
gear.
(B) Be able to receive drift
gill nets, including attached floats, buoys, and lead lines, from transition
program participants, and able to properly deconstruct the nets to prepare all
components for destruction.
(C) Be
able to provide transition program participants with evidence of receipt of
surrendered nets identifying the transition program participant and number of
nets surrendered.
(D) Be able to
provide a physical location or locations in the ports of San Diego, Los
Angeles, Ventura, or Santa Barbara between January 1, 2020 and January 31, 2024
to receive drift gill nets from transition program participants.
(E) Be able to transport surrendered drift
gill nets designated for destruction.
(F) Be able to trace surrendered drift gill
nets from collection to destruction and provide the department with evidence of
net destruction upon request.
Notes
2. Amendment of subsections (c)(1)-(2), (d)-(e) and (f)(2)(D) filed 7-16-2021; operative 7-16-2021 pursuant to Government Code section 11343.4(b)(3) (Register 2021, No. 29).
Note: Authority cited: Section 8583, Fish and Game Code. Reference: Sections 8573 and 8579, Fish and Game Code.
2. Amendment of subsections (c)(1)-(2), (d)-(e) and (f)(2)(D) filed 7-16-2021; operative
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