(a) Permit Required. On and after April 1,
2005, no person shall take, land, or attract squid by light for commercial
purposes, except as provided in subsections
149 (
l) and
149(m), unless the owner of that vessel has a valid market squid permit for use
on that vessel that has not been suspended or revoked.
(b) Classification of Permits and Permit
Authorization.
(1) A Market Squid Vessel
Permit authorizes the use of round haul gear, including purse seine, drum seine
and lampara nets for commercial harvest. Use of brail gear, including dip and
scoop nets, is also authorized. Lights may also be used as specified in
regulation to aggregate squid for purposes of commercial harvest. No other gear
is authorized under this permit to take or assist in the taking of market squid
for commercial purposes. Market Squid Vessel Permits are designated as either
transferable or non-transferable as described in subsection (o)
below.
(2) A Market Squid Brail
Permit authorizes the use of brail gear including dip and scoop nets to take
market squid for commercial purposes. Lights may also be used as specified in
regulation to aggregate squid for purposes of commercial harvest. No other gear
is authorized under this permit to take or assist in the taking of market squid
for commercial purposes. Market Squid Brail Permits are designated as either
transferable or non-transferable as described in subsection (o)
below.
(3) A Market Squid Light
Boat Permit authorizes only the use of lights as specified in regulation to
aggregate squid for purposes of commercial harvest. No other gear is authorized
under this permit to take or assist in the taking of market squid for
commercial purposes. Market Squid Light Boat Permits are designated as either
transferable or non-transferable as described in subsection (o)
below.
(4) Only one market squid
permit, regardless of the class of permit as described in subsections (b)(1),
(2), and (3) above, may be issued per owner per vessel.
(c) Initial Issuance Criteria. Any person who
is the registered owner of the vessel must provide current proof of vessel
ownership at the time of application. Permits as described in subsection (b)
shall be issued only to the following persons, partnerships or corporations
based on qualifying criteria described in this subsection. Transferable permits
shall be issued to owners where the vessel meets the specified initial issuance
criteria for the class of permit. Non-transferable permits shall be issued only
to individuals that meet the specified initial issuance criteria for the class
of permit. During initial permit issuance, a permit must be placed only on a
vessel that was licensed with a valid Market Squid Vessel Permit or a Market
Squid Light Boat Owner's Permit in the 2004-05 permit year, and which must also
be the vessel upon which the qualifying catches were made.
(1) Market Squid Vessel Permit --
Transferable.
(A) A Transferable Market Squid
Vessel Permit may be issued to an individual, partnership or corporation that
is the owner of a commercial fishing vessel with a Market Squid Vessel Permit
for the 2004-05 permit year that has been registered with the department
pursuant to Fish and Game Code Section
7881 at
the time of application, and
(B)
the Market Squid Vessel Permit has not been suspended or revoked, and
(C) the vessel must have made at least 50
landings of market squid from January 1, 2000 through March 31, 2003 as
documented by fish landing receipts submitted to the department in the vessel's
name and identification number pursuant to Fish and Game Code Section
8046.
(D) Upon issuance of a transferable Market
Squid Vessel Permit, additional squid fishery catch history associated with the
vessel may not be used by any individual, partnership or corporation toward
qualification for additional permits of any class.
(2) Market Squid Vessel Permit --
Non-Transferable.
(A) A Non-Transferable
Market Squid Vessel Permit may be issued to an individual that is the owner of
a commercial fishing vessel with a Market Squid Vessel Permit for the 2004-05
permit year that has been registered with the department pursuant to Fish and
Game Code Section
7881 at
the time of application, and
(B)
the Market Squid Vessel Permit has not been suspended or revoked, and
(C) pursuant to Fish and Game Code Section
8101,
the individual must have been licensed as a California commercial fisherman for
at least 20 years at the time of application, and
(D) the individual has made at least 33
landings of market squid from the vessel licensed with a Market Squid Vessel
Permit for the 2004-05 permit year as documented by fish landing receipts
submitted to the department in the person's name and commercial fishing license
identification number pursuant to Fish and Game Code Section
8046,
prior to August 27, 2004. Only receipts that demonstrate catch aboard a vessel
with a Market Squid Vessel Permit for the 2004-05 permit year that does not
already qualify for issuance of a transferable Market Squid Vessel Permit under
subsection (c)(1) of this section or a transferable Market Squid Brail Permit
under subsection (c)(3) of this section or a transferable Market Squid Light
Boat Permit under subsection (c)(5) of this section are valid for
consideration.
(E) The department
shall separately identify Non-Transferable Market Squid Vessel Permits issued
under this section and those permits shall become null and void upon the death
of the permit holder.
(3)
Market Squid Brail Permit -- Transferable.
(A)
A Transferable Market Squid Brail Permit may be issued to an individual,
partnership, or corporation that is the owner of a commercial fishing vessel
that has been registered with the department pursuant to Fish and Game Code
Section
7881 at
the time of application, and
(B)
have been issued a Market Squid Vessel Permit for the 2004-05 permit year for
that vessel that has not been suspended or revoked, and
(C) the vessel must have made at least 10
landings of market squid with brail gear from January 1, 2000 through March 31,
2003 as documented by fish landing receipts submitted to the department in the
vessel's name and identification number pursuant to Fish and Game Code Section
8046.
(D) Upon issuance of a transferable Market
Squid Brail Permit, additional squid fishery catch history associated with the
vessel may not be used by any individual, partnership or corporation toward
qualification for additional permits of any class.
(4) Market Squid Brail Permit --
Non-Transferable.
(A) A Non-Transferable
Market Squid Brail Permit may be issued to an individual that is the owner of a
commercial fishing vessel with a Market Squid Vessel Permit for the 2004-05
permit year that has been registered with the department pursuant to Fish and
Game Code Section
7881 at
the time of application, and
(B)
the Market Squid Vessel Permit has not been suspended or revoked, and
(C) pursuant to Fish and Game Code Section
8101,
the individual must have been licensed as a California commercial fisherman for
at least 20 years at the time of application, and
(D) the individual has made at least 10
landings of market squid with brail gear from the vessel with a Market Squid
Vessel Permit for the 2004-05 permit year as documented by fish landing
receipts submitted to the department in the person's name and commercial
fishing license identification number pursuant to Fish and Game Code Section
8046,
during any one permit year (April 1 through March 31 of the following year)
from January 1, 2000 through March 31, 2003. Only receipts that demonstrate
catch from a vessel with a Market Squid Vessel Permit for the 2004-05 permit
year that does not already qualify for issuance of a transferable Market Squid
Vessel Permit under subsection (c)(1) of this section or a transferable Market
Squid Brail Permit under subsection (c)(3) of this section or a transferable
Market Squid Light Boat Permit under subsection (c)(5) of this section are
valid for consideration.
(E) The
department shall separately identify Non-Transferable Market Squid Brail
Permits issued under this section and those permits shall become null and void
upon the death of the permit holder.
(5) Market Squid Light Boat Permit --
Transferable.
(A) A Transferable Market Squid
Light Boat Permit may be issued to an individual, partnership or corporation
that is the owner of a commercial fishing vessel that has been registered with
the department pursuant to Fish and Game Code Section
7881 at
the time of application, and
(B)
the individual, partnership or corporation must have been issued a Market Squid
Vessel Permit or a Squid Light Boat Owner's Permit for the 2004-05 permit year
for use on that vessel that has not been suspended or revoked, and
(C) the individual, partnership or
corporation must have submitted to the department, pursuant to subsection
149(b) and
Section
190, Title 14, CCR, at least one
market squid light boat logbook form (DFG 149b) with fishing activity dated on
or prior to December 31, 2000 for that vessel.
(D) Upon issuance of a transferable Market
Squid Light Boat Permit, additional squid fishery light boat activity
associated with the vessel may not be used by any individual, partnership or
corporation toward qualification for additional permits of any
class.
(6) Market Squid
Light Boat Permit -- Non-Transferable.
(A) A
Non-Transferable Market Squid Light Boat Permit may be issued to an individual
that is the owner of a commercial fishing vessel that has been registered with
the department pursuant to Fish and Game Code Section
7881 at
the time of application, and
(B)
the individual must have been issued a Market Squid Vessel Permit or a Squid
Light Boat Owners Permit for the 2004-05 permit year for use on that vessel
that has not been suspended or revoked, and
(C) pursuant to Fish and Game Code Section
8101,
the individual must have been licensed as a California commercial fisherman for
at least 20 years at the time of application, and
(D) the individual must have submitted to the
department, pursuant to subsection
149(b) and
Section
190, Title 14, CCR, at least one
market squid light boat logbook form (DFG 149b) with fishing activity dated
from January 1, 2001 through August 27, 2004 for that vessel. Only logbook
forms from a vessel with a Market Squid Vessel Permit or a Squid Light Boat
Owners Permit for the 2004-05 permit year that has not already qualified for
issuance of a transferable Market Squid Vessel Permit under subsection (c)(1)
of this section or a transferable Market Squid Brail Permit under subsection
(c)(3) of this section or a transferable Market Squid Light Boat Permit under
subsection (c)(5) of this section are valid for consideration.
(E) The department shall separately identify
Non-Transferable Market Squid Light Boat Permits issued under this section and
those permits shall become null and void upon the death of the permit
holder.
(7)
Non-Transferable Market Squid Vessel Permits, Non-Transferable Market Squid
Brail Permits, and Non-Transferable Market Squid Light Boat Permits may only be
issued to individuals, and shall not be issued to partnerships or corporations,
although the permit may be placed on a vessel which is owned by a partnership
or corporation.
(d)
Application Deadlines for Initial Permit Issuance.
(1) All applications [FG 1315 (8/04),
incorporated by reference herein] and permit fees for initial issuance of
Market Squid Vessel Permits, Market Squid Brail Permits, and Transferable
Market Squid Light Boat Permits must be received by the department, or, if
mailed, postmarked on or before June 30, 2005. Applications and permit fees for
initial issuance of Market Squid Vessel Permits, Market Squid Brail Permits,
and Transferable Market Squid Light Boat Permits received by the department,
or, if mailed, postmarked from July 1 through July 31, 2005 will be assessed a
$250 late fee, notwithstanding Fish and Game Code Section
7852.2.
Applications and permit fees for initial issuance of Market Squid Vessel
Permits, Market Squid Brail Permits, and Transferable Market Squid Light Boat
Permits received by the department or postmarked after July 31, 2005 will be
denied by the department and returned to the applicant.
(2) All applications [FG 1319 (New 12/06),
incorporated by reference herein] and permit fees for initial issuance of
Non-Transferable Market Squid Light Boat Permits must be received by the
department at the address specified on the application, or, if mailed,
postmarked on or before June 30, 2007. Applications and permit fees for initial
issuance of Non-Transferable Market Squid Light Boat Permits received by the
department, or, if mailed, postmarked from July 1 through July 31, 2007 will be
assessed a $250 late fee, notwithstanding Fish and Game Code Section
7852.2.
Applications and permit fees for initial issuance of Non-Transferable Market
Squid Light Boat Permits received by the department or postmarked after July
31, 2007 will be denied by the department and returned to the
applicant.
(e) Initial
Issuance Appeals. Any applicant who is denied initial issuance of a Market
Squid Vessel Permit, Market Squid Brail Permit, or a Market Squid Light Boat
Permit by the department pursuant to subsection (c) may appeal that denial to
the commission in writing, describing the basis for the appeal. The appeal
shall be received by the commission or, if mailed, postmarked within 60 days of
the department's denial.
(f) Annual
Permit Renewal.
(1) On and after April 1,
2006, Market Squid Vessel Permits, Market Squid Brail Permits and Transferable
Market Squid Light Boat Permits will be issued annually by the department only
to those persons who have held the same class of permit in the immediately
preceding permit year.
(2) On and
after April 1, 2008, Non-Transferable Market Squid Light Boat Permits will be
issued annually by the department only to those persons who held such permits
in the immediately preceding permit year.
(3) Upon the death of the individual to whom
a Non-Transferable Market Squid Vessel Permit, Non-Transferable Market Squid
Brail Permit, or Non-Transferable Market Squid Light Boat Permit is issued, the
permit shall be considered null and void and permit renewal criteria specified
in this subsection shall not apply.
(g) Application Deadlines for Annual Permit
Renewal.
All applications as specified in Section
705 and permit fees for renewal of
Market Squid Vessel Permits, Market Squid Brail Permits, and Market Squid Light
Boat Permits must be received by the department at the address specified on the
application, or, if mailed, postmarked on or before April 30 of each permit
year. Late fees, late fee deadlines, and late renewal appeal provisions are
specified in Fish and Game Code Section
7852.2.
(h) Renewal Appeals. Late renewal appeal
provisions are specified in Fish and Game Code Section
7852.2.
(i) Permit, Transfer and Upgrade Fees.
(1) The department shall charge an annual fee
as specified in Section
705 for a permit of each permit
class as follows:
(A) Market Squid Vessel
Permit -- Transferable
(B) Market
Squid Vessel Permit -- Non-Transferable
(C) Market Squid Brail Permit --
Transferable
(D) Market Squid Brail
Permit -- Non-Transferable
(E)
Market Squid Light Boat Permit -- Transferable
(F) Market Squid Light Boat Permit --
Non-Transferable
(2) The
department shall charge a non-refundable fee as specified in Section
705, for each permit transfer. If
more than one permit is involved in the transfer based on provisions defined in
subsection (o), a non-refundable fee as specified in Section
705, shall be charged for the
transaction.
(3) The department
shall charge a non-refundable fee as specified in Section
705, for each Market Squid Brail
Permit Upgrade based on provisions defined in subsection
(q).
(j) Permit
Revocation, Suspension or Cancellation.
(1)
Pursuant to Fish and Game Code Section
1052(b),
a Market Squid Vessel Permit, Market Squid Brail Permit, or a Market Squid
Light Boat Permit shall be revoked if false information is provided by the
permittee to obtain or maintain the permit.
(2) A Market Squid Vessel Permit, Market
Squid Brail Permit, or a Market Squid Light Boat Permit may be suspended,
revoked, or cancelled by the commission upon conviction of a violation of
regulations contained in Section
149, Title 14, CCR, or violation
of the terms and conditions of the permit.
(k) Dissolution of Partnership or
Corporation. If a transferable Market Squid Vessel Permit, Market Squid Brail
Permit, or Market Squid Light Boat Permit is issued for a vessel that is owned
by a bona fide partnership or corporation which becomes dissolved, the
partnership or corporation shall notify the department of the name of the
partner or shareholder who is the successor permitholder and the department
shall reissue the permit to that partner or shareholder. Change of vessel
ownership provisions defined in subsection (l) and transfer
fees in subsection (i)(2) apply.
(l) Change of Vessel Ownership.
(1) If a transferable Market Squid Vessel
Permit, Market Squid Brail Permit, or Market Squid Light Boat Permit is issued
for a vessel that is owned by an individual or by a bona fide partnership or
corporation, and the individual, bona fide partnership, or corporation
transfers the title of ownership of the vessel to another entity, the original
entity to which the permit is issued must notify the department of the change
in ownership, and submit a non-refundable transfer fee as specified in Section
705.
(2) Upon payment of fees, and surrender to
the department of the original permit or permits, the department shall issue
the applicable permit to the new owner of the vessel that is valid for the
remainder of the fishing season. Gross tonnage endorsement provisions defined
in subsection (n) below shall apply.
(3) Non-Transferable Market Squid Vessel
Permits, Non-Transferable Market Squid Brail Permits and Non-Transferable
Market Squid Light Boat Permits which are issued to individuals shall not be
transferred to a new owner. Sale or transfer of ownership of a vessel that is
authorized to fish under a non-transferable market squid permit shall render
the permit null and void.
(m) Capacity Goals.
(1) The capacity goal for transferable and
non-transferable Market Squid Vessel Permits is 55.
(2) The capacity goal for transferable and
non-transferable Market Squid Brail Permits is 18.
(3) The capacity goal for transferable and
non-transferable Market Squid Light Boat Permits is 34.
(4) Should the number of Market Squid Vessel
Permits, Market Squid Brail Permits, or Market Squid Light Boat Permits issued
by the department fall below the capacity goal for that permit class, the
commission may prescribe criteria for issuance of additional permits of that
class, which may include but is not limited to previous issuance of market
squid vessel, brail or light boat permits, market squid catch or market squid
logbook histories.
(n)
Gross Tonnage Endorsement. Each Market Squid Vessel Permit or Market Squid
Brail Permit shall be endorsed with the gross tonnage at the time of initial
issuance. Any vessel owner transferring a Market Squid Vessel Permit or Market
Squid Brail Permit shall also provide gross tonnage information for the
replacement vessel as described below.
(1)
The gross tonnage shall be determined as follows:
(A) If the owner of the vessel holds a
Federal Coastal Pelagic Species Permit issued by the National Marine Fisheries
Service for that vessel, the owner of the vessel shall submit a copy of the
vessel owner's current valid Federal Coastal Pelagic Species Permit with the
vessel's endorsed gross tonnage.
(B) If the owner of the vessel does not hold
a Federal Coastal Pelagic Species Permit for the vessel, the gross tonnage will
be determined by multiplying the length (L), breadth (B), and depth (D) of the
vessel by 0.0067. Records of length, breadth, and depth used for determining
gross tonnage will be those recorded on the vessel's United States Coast Guard
documentation paper.
(2)
The gross tonnage endorsement will remain in effect for the lifetime of each
permit, regardless of the gross tonnage of a vessel to which it was
transferred.
(3) In cases where a
permit is transferred to a vessel with a smaller gross tonnage, the original
gross tonnage endorsement will remain, and excess gross tonnage cannot be split
out from the original permit endorsement for any purpose.
(4) In cases where two or more permits are
transferred to a replacement vessel pursuant to guidelines in subsection (o),
the replacement vessel shall be issued a transferable permit which reflects a
gross tonnage endorsement which is recorded as either the sum of the gross
tonnage endorsements from the original vessels, or the gross tonnage of the
replacement vessel, whichever of the two values is less.
(o) Transfer of Permits to Replacement
Vessels.
(1) Conditions for permit
transferability as defined in this subsection shall provide the mechanism for
achieving the capacity goals defined in subsection (m) of this Section over
time.
(2) Definitions of Comparable
Capacity.
(A) For purposes of permit
transferability described in this subsection, two vessels are of comparable
capacity if the gross tonnage, as defined in subsection (n) of this Section, of
the replacement vessel is not in excess of ten percent greater than the gross
tonnage of the originally permitted vessel [the replacement vessel's gross
tonnage must be less than (the gross tonnage of the original vessel) plus (0.1
multiplied by the gross tonnage of the original vessel)].
(B) A replacement vessel shall be considered
of comparable capacity in cases of permit transfers where the gross tonnage of
the original vessel exceeds the gross tonnage of the replacement vessel by any
amount. Gross tonnage endorsement provisions for the replacement vessel defined
in subsection (n) shall apply.
(3) After August 31, 2005 the following
conditions for transferability of permits to replacement vessels will be in
effect for permits in each class as described:
(A) The owner of a vessel with a valid
Transferable Market Squid Vessel Permit may transfer the permit to another
person who is the owner of a replacement commercial fishing vessel of
comparable capacity as defined in this subsection.
(B) If transfer is sought of a Transferable
Market Squid Vessel Permit for a replacement commercial fishing vessel which is
not of comparable capacity as defined in this subsection, one additional valid
Transferable Market Squid Vessel Permit shall be transferred and surrendered to
the department at the time of the transfer. Market Squid Vessel Permit
transfers are not authorized in cases where the gross tonnage of the
replacement vessel is not of comparable capacity to the sum of the gross
tonnages of the two original vessels as defined above.
(C) A Transferable Market Squid Brail Permit
issued to an individual, partnership or corporation may be transferred to
another entity who is the owner of a replacement commercial fishing vessel of
comparable capacity as defined in this subsection.
(D) A Transferable Market Squid Light Boat
Permit issued to an individual, partnership or corporation may be transferred
to another entity who is the owner of a replacement commercial fishing
vessel.
(E) In the event of death
of the holder of a Transferable Market Squid Vessel Permit, Transferable Market
Squid Brail Permit, or a Transferable Market Squid Light Boat Permit, the
estate must apply for transfer of the permit to another entity within one year
of the permitholder's death.
(F) A
Non-Transferable Market Squid Vessel Permit or a Non-Transferable Market Squid
Brail Permit issued to an individual may not be transferred to another entity,
but in the event the permitted vessel is lost, stolen or destroyed, or has
suffered a major mechanical breakdown, the permit may be placed on a
replacement vessel of comparable capacity as defined in subsection (m). A
Non-Transferable Market Squid Light Boat Permit issued to an individual may not
be transferred to another entity, but in the event the permitted vessel is
lost, stolen or destroyed, or has suffered a major mechanical breakdown, the
permit may be placed on a replacement vessel. A notarized, written request for
transfer must be submitted, along with proof that the permitted vessel is lost,
stolen, or destroyed in the form of a copy of the report filed with the United
States Coast Guard or any other law enforcement agency or fire department
investigating the loss. In the case of mechanical breakdown, the request shall
include an estimate of the costs to repair the vessel from a marine surveyor or
boat repair yard. The department shall not issue a permit for a replacement
vessel pursuant to this subsection if the permitted vessel was reported lost,
stolen, destroyed, or damaged for fraudulent purposes.
(4) The applicant for transfer must be the
owner of a replacement commercial fishing vessel that has been registered with
the department pursuant to Fish and Game Code Section
7881 at
the time of application.
(5) A
written request for transfer of a market squid permit of any class shall be
submitted to the department by the owner of the replacement vessel in the form
of a notarized letter, accompanied by the nonrefundable transfer fee and shall
include a copy of the permit or permits which are being considered for
transfer, current proof of vessel ownership, and gross tonnage information as
described in subsection (n), if applicable.
(6) Any market squid permit holder intending
to transfer a permit shall submit a notarized letter to the department setting
forth the conditions of the sale, and shall specify that the terms of the
transfer as documented by the replacement vessel owner are valid and
true.
(7) Upon determining that the
applicant is qualified to transfer the permit to a replacement vessel, payment
of all fees, and surrender to the department of the original permit or permits,
the department shall issue the applicable permit to the owner of the
replacement vessel that is valid for the remainder of the fishing season. Gross
tonnage endorsement provisions defined in subsection (n) above shall
apply.
(8) At the time the permit
transfer is complete, vessels previously authorized to fish under conditions of
a surrendered permit shall not take or attract squid for commercial purposes
unless otherwise authorized in regulation or statute.
(p) Transfer Appeals. Any applicant who is
denied transfer of a Market Squid Vessel Permit, Market Squid Brail Permit, or
a Market Squid Light Boat Permit may appeal the denial to the department in
writing describing the basis for the appeal. The appeal shall be received or,
if mailed, postmarked within 60 days of the date of the department's denial.
The appeal shall be reviewed and decided by the department. The decision of the
department may be appealed in writing to the commission within 60 days of the
date of the department's written decision.
(q) Market Squid Brail Permit Upgrade.
Purchase of a Transferable Market Squid Brail Permit by a permittee who holds a
Transferable Market Squid Light Boat Permit may occur with surrender of a
Transferable Market Squid Light Boat Permit. Non-Transferable Light Boat
Permits are not eligible for upgrade.
(1) An
application for upgrade to a Market Squid Brail Permit shall be submitted to
the department by a Transferable Market Squid Light Boat permittee in the form
of a notarized letter, and shall include a copy of the permit which is being
sought for surrender, current proof of vessel ownership, and gross tonnage
information as described in subsection (n).
(2) Upon determining that the applicant is
qualified to upgrade the permit, payment of all permit and upgrade fees, and
surrender to the department of the original permit, the department shall issue
the replacement permit that is valid for the remainder of the fishing season.
Gross tonnage endorsement provisions defined in subsection (n) above shall
apply.
(r) Market Squid
Brail Permit Upgrade Appeals. Any applicant who is denied upgrade of a
Transferable Market Squid Light Boat Permit to a Transferable Market Squid
Brail Permit may appeal the denial to the department in writing describing the
basis for the appeal. The appeal shall be received or, if mailed, postmarked
within 60 days of the date of the department's denial. The appeal shall be
reviewed and decided by the department. The decision of the department may be
appealed in writing to the commission within 60 days of the date of the
department's written decision.