Requirements of this Section apply both to vessels taking
squid and to vessels attracting squid with lights for the purpose of commercial
take. Incidental commercial take of market squid that meets the criteria
specified in subsection (l) below, and commercial take of
market squid for live bait as described in subsection (m) below are not subject
to the requirements of this Section, unless expressly specified.
(a) Permit Required. No person shall take,
land, or attract squid by light for commercial purposes, except as provided in
subsections (
l) and (m) below, unless the owner of that vessel
has a valid market squid permit issued pursuant to Section
149.1 of these regulations for use
on that vessel that has not been suspended or revoked.
(b) Seasonal Catch Limitation.
(1) For the period from April 1 through March
31 of the following year, a total of not more than 118,000 short tons of market
squid may be taken statewide for commercial purposes.
(2) Closure Process
(A) The department shall estimate, from the
current trend in landings, when the Seasonal Catch Limit will be reached, and
will publicly announce the effective date of closure of the directed commercial
fishery on VHF/channel 16 between the hours of 10:00 p.m. and 12:00 a.m.
(midnight).
(B) It shall be the
responsibility of all operators of permitted market squid vessels to monitor
VHF/channel 16 to determine when the Seasonal Catch Limit is expected to be
reached and the fishery closed. Any announcement issued or made by the
department on VHF/channel 16 shall constitute official
notice.
(c)
Time Closures. North of a westerly extension of the United States -- Republic
of Mexico boundary line:
(1) Fishing Days:
Market squid may not be taken for commercial purposes between 1200 hours (noon)
on Friday and 1200 hours (noon) on Sunday of each week.
(2) Seasonal Closure: When the Seasonal Catch
Limit defined in subsection (b) has been reached and the commercial fishery is
closed, squid may be taken for commercial purposes only incidentally to the
take of other target species and subject to the limitations defined in
subsection
149 (
l) or for
live bait as defined in subsection
149(m) through
March 31.
(d) Closed
Areas for Seabirds. Market squid may not be taken for commercial purposes
utilizing attracting lights in all waters of the Gulf of the Farallones
National Marine Sanctuary. Boundaries of the Sanctuary are defined as those in
effect on August 27, 2004, pursuant to Title 15, Code of Federal Regulations
(CFR), Part 922, Subpart H. This regulation also applies to vessels pursuing
squid for live bait purposes.
(e)
Records. Pursuant to Section
190 of these regulations, any
operator of a commercial market squid vessel, or person who possesses a valid
Market Squid Vessel Permit, Market Squid Brail Permit, or Market Squid Light
Boat Permit shall complete and submit an accurate record of his/her squid
fishing, lighting, or brailing activities on a form (Market Squid Vessel
Logbook -- DFW 149a (Rev. 05/01/15), or Market Squid Light/Brail Boat Logbook
-- DFW 149b (Rev. 05/01/15), which are located in Appendix A of Subdivision
1 of Division 1 of Title 14, CCR)
provided by the department, as appropriate to the type of fishing activity.
Logbook records shall be transmitted to the department on or before the 10th
day of each month following the month that fishing activity occurred.
(f) Use of Lights to Aggregate Squid. It is
unlawful to attract squid by light except as authorized under permits described
in subsection
149.1(b) of these
regulations. This regulation does not apply to seine skiffs of a permitted
vessel, or to vessels pursuing squid for live bait purposes only.
(g) Maximum Wattage. Each vessel fishing for
squid or lighting for squid shall utilize a total of no more than 30,000 watts
of lights to attract squid at any time.
(h) Light Shields. Each vessel fishing for
squid or lighting for squid will reduce the light scatter of its fishing
operations by shielding the entire filament of each light used to attract squid
and orienting the illumination directly downward, or providing for the
illumination to be completely below the surface of the water. The lower edges
of the shields shall be parallel to the deck of the vessel.
(i) Forfeiture. Squid landed or possessed in
violation of this Section or any other provision of the Fish and Game Code or
these regulations shall be forfeited to the department. The squid shall be sold
or disposed of in a manner to be determined by the department. The proceeds
from all sales shall be paid into the Fish and Game Preservation
Fund.
(j) Citations for violations
of this Section may be issued to the vessel operator, crewmembers, and/or the
holder of a market squid permit issued pursuant to Section
149.1 of these
regulations.
(k) Exemption from
Tidal Invertebrate Permit. Operators and crewmembers of a commercial market
squid vessel or light boat operating under the provisions of a commercial
market squid permit are not required to possess a Tidal Invertebrate Permit,
but are subject to the provisions of Section
123 of these
regulations.
(l) Incidental Take
Allowance. Pursuant to this subsection, market squid may be taken for
commercial purposes incidentally when engaged in fishing activities for other
target species. Other requirements of this Section do not apply to incidental
take. Incidentally-taken squid shall meet all of the following criteria:
(1) The volume of squid landed or possessed
on a vessel shall not exceed 2 tons per trip.
(2) Market squid taken incidentally to other
fisheries shall not exceed 10 percent of the total volume by weight of all fish
landed or possessed on a vessel.
(m) Exemption for Live Bait. Squid taken for
live bait purposes shall only be possessed for use as live bait or sold as live
bait. Other requirements of this Section do not apply to take of live squid for
bait, unless expressly specified.
Notes
Cal. Code
Regs. Tit. 14, §
149
1. New
section filed 9-2-83 as an emergency; effective upon filing (Register 83, No.
38).
2. Order of Repeal filed 9-12-83 by OAL pursuant to Government
Code Section
11349.6
(Register 83, No. 38).
3. New section filed 1-11-84; effective
thirtieth day thereafter (Register 84, No. 2).
4. Amendment of
subsection (a) and new subsection (b) filed 4-24-90; operative 4-24-90 pursuant
to Government Code section
11346.2(d)
(Register 90, No. 19).
5. Repealer and new section and amendment of
NOTE filed 6-4-98; operative 7-4-98 (Register 98, No. 23).
6.
Repealer and new section filed 2-23-2000; operative 2-23-2000 pursuant to
Government Code section
11343.4(d)
(Register 2000, No. 8).
7. New subsections (c) and (d) filed
5-31-2000; operative 5-31-2000 pursuant to Fish and Game Code section
215
(Register 2000, No. 22).
8. New subsections (e)-(e)(2) and amendment
of NOTE filed 5-20-2002; operative 6-19-2002 (Register 2002, No.
21).
9. New subsections (f)-(j) [reserved] and new subsection (k)
filed 3-8-2005; operative 4-7-2005 (Register 2005, No. 10).
10.
Amendment of section and NOTE filed 3-28-2005; operative 3-28-2005 pursuant to
Government Code section
11343.4
(Register 2005, No. 13).
11. Amendment of subsection (b) filed
2-13-2007; operative 2-13-2007 pursuant to Government Code section
11343.4
(Register 2007, No. 7).
12. Amendment filed 5-19-2014; operative
7-1-2014 (Register 2014, No. 21).
13. Amendment of subsections (a),
(e)-(f) and (i)-(k) and amendment of NOTE filed 1-13-2016; operative 4-1-2016
(Register 2016, No. 3).
14. Amendment of subsections (a), (f) and
(j) filed 3-2-2022; operative 4-1-2022 pursuant to Government Code section
11343.4(b)(3)
(Register 2022, No. 9).
Note: Authority cited: Sections
7078,
7701,
7708,
8026,
8425
and
8429.5,
Fish and Game Code. Reference: Sections
7701,
7708,
8026,
8425,
8429.5,
8429.7,
12159
and
12160,
Fish and Game Code.
1. New section filed
9-2-83 as an emergency; effective upon filing (Register 83, No.
38).
2. Order of Repeal filed 9-12-83 by OAL pursuant to Government
Code Section
11349.6
(Register 83, No. 38).
3. New section filed 1-11-84; effective
thirtieth day thereafter (Register 84, No. 2).
4. Amendment of
subsection (a) and new subsection (b) filed 4-24-90; operative 4-24-90 pursuant
to Government Code section
11346.2(d)
(Register 90, No. 19).
5. Repealer and new section and amendment of
Note filed 6-4-98; operative 7-4-98 (Register 98, No. 23).
6.
Repealer and new section filed 2-23-2000; operative 2-23-2000 pursuant to
Government Code section
11343.4(d)
(Register 2000, No. 8).
7. New subsections (c) and (d) filed
5-31-2000; operative 5-31-2000 pursuant to Fish and Game Code section
215
(Register 2000, No. 22).
8. New subsections (e)-(e)(2) and amendment
of Note filed 5-20-2002; operative 6-19-2002 (Register 2002, No.
21).
9. New subsections (f)-(j) [reserved] and new subsection (k)
filed 3-8-2005; operative 4-7-2005 (Register 2005, No. 10).
10.
Amendment of section and Note filed 3-28-2005; operative 3-28-2005 pursuant to
Government Code section
11343.4
(Register 2005, No. 13).
11. Amendment of subsection (b) filed
2-13-2007; operative 2-13-2007 pursuant to Government Code section
11343.4
(Register 2007, No. 7).
12. Amendment filed 5-19-2014; operative
7/1/2014 (Register
2014, No. 21).
13. Amendment of subsections (a),
(e)-(f) and (i)-(k) and amendment of Note filed 1-13-2016; operative
4/1/2016
(Register
2016, No. 3).
14. Amendment of subsections (a), (f)
and (j) filed 3-2-2022; operative 4/1/2022 pursuant to Government Code section
11343.4(b)(3)
(Register
2022, No. 9).