Cal. Code Regs. Tit. 14, § 149 - Commercial Taking of Market Squid

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).