Cal. Code Regs. Tit. 14, § 150.05 - Nearshore Fishery Bycatch Permit Program
(a) A Nearshore Fishery Bycatch Permit
authorizing the take, possession aboard a vessel, or landing of nearshore fish
stocks as described in Section
150.01, Title 14, CCR, and in the
manner and amount described in subsections (b) and (d) below may be issued to a
person who meets the following conditions:
(1) has a valid 2002-2003 Nearshore Fishery
Permit that has not been suspended or revoked.
(2) The person is not eligible for a
2003-2004 Nearshore Fishery Permit, or the person is eligible for a 2003-2004
Nearshore Fishery Permit based on landings made with gear not authorized under
Section 150 or
150.03, Title 14, CCR, and chooses
not to convert to the gear authorized pursuant to Section
150,
150.03 or
150.17, Title 14,
CCR.
(b) Gear Authorized
for Use. Only trawl or entangling nets shall be used to take, possess aboard a
vessel, or land nearshore fish stocks as described in Section
150.01, Title 14, CCR, under a
Nearshore Fishery Bycatch Permit issued pursuant to this section.
(c) Nearshore Fishery Bycatch Permits are
non-transferable and the permit becomes null and void upon the death of the
permit holder.
(d) Trip Limits.
(1) Nearshore Fishery Bycatch Permit holders
are subject to all state and federal cumulative trip limits pursuant to
sections 150.16 and
189, Title 14, CCR. Pursuant to
sections 150.06 and
189, Title 14, CCR, no retention
of nearshore fish stocks is allowed when the directed nearshore fishery is
closed.
(2) Notwithstanding,
Section 120.3, Title 14, CCR, and Fish and
Game Code Section
8496, a
person holding a Nearshore Fishery Bycatch Permit may take, possess aboard a
vessel, or land nearshore fish stocks as described in Section
150.01, Title 14, CCR, under the
following trip limits:
(A) North Coast
Region. Zero (0) pounds of nearshore fish stocks may be taken per
trip.
(B) North-Central Coast
Region. Zero (0) pounds of nearshore fish stocks may be taken per
trip.
(C) South-Central Coast
Region. Twenty-five (25) pounds of nearshore fish stocks may be taken per
trip.
(D) South Coast Region. Fifty
(50) pounds of nearshore fish stocks may be taken per
trip.
(e)
Application Deadline for Initial Issuance of Nearshore Fishery Bycatch Permits.
All applications (FG 1328(1/03), incorporated herein by reference) and permit
fees for initial issuance of Nearshore Fishery Bycatch Permits must be received
by the department, or, if mailed, be postmarked on or before June 30, 2003.
Applications and permit fees for initial issuance of Nearshore Fishery Bycatch
Permits under the restricted access program received by the department, or, if
mailed, postmarked from July 1 through July 31, 2003 will be assessed a $50
late fee. Applications and permit fees for the initial issuance of Nearshore
Fishery Bycatch Permits under the restricted access program postmarked or
received after July 31, 2003 shall be returned to the applicant
unissued.
(f) Nearshore Fishery
Bycatch Permit Renewal Requirements. Notwithstanding Fish and Game Code Section
8587,
after April 1, 2004, Nearshore Fishery Bycatch Permits will be renewed annually
by the department only to a person who has held a valid Nearshore Fishery
Bycatch Permit in the immediately preceding permit year.
(g) Application Deadline for Nearshore
Fishery Bycatch Permit Renewal. All applications as specified in Section
705 and permit fees for renewal of
Nearshore Fishery Bycatch Permits must be received by the department, 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) Appeals.
(1) Any applicant who is denied initial
issuance of a Nearshore Fishery Bycatch Permit for any reason may appeal to the
department in writing describing the basis for the appeal. The appeal shall be
received or, if mailed, postmarked, no later than March 31, 2004. 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 denial.
(2) Renewal
Appeals. Late renewal appeal provisions are specified in Fish and Game Code
Section
7852.2.
(i) Fees. The department shall charge an
annual fee for each Nearshore Fishery Bycatch Permit as specified in Section
705.
(j) Revocation of Nearshore Fishery Bycatch
Permit. Any permit may be suspended, revoked, or cancelled by the commission
upon conviction of a violation of any provision of these regulations or Fish
and Game Code pertaining to the commercial take of nearshore fish stocks as
described in Section
150.01, Title 14, CCR, or
violation of the terms or conditions of the permit by the holder thereof, his
agents, servants, employees or those acting under his direction and
control.
Notes
2. Amendment filed 3-29-2004; operative 3-29-2004 pursuant to Government Code section 11343.4 (Register 2004, No. 14).
3. Change without regulatory effect pursuant to section 100, title 1, California Code of Regulations, amending subsections (g) and (i) and amending NOTE in accordance with section 713 of the Fish and Game Code, filed 5-11-2005; operative 6-10-2005 pursuant to the Commission's instructions (Register 2005, No. 19).
4. Change without regulatory effect amending subsections (g) and (i) filed 12-19-2006 pursuant to section 100, title 1, California Code of Regulations (Register 2006, No. 51).
5. Amendment of subsection (g), repealer and new subsection (h)(2) and amendment of NOTE filed 7-8-2008; operative 7-8-2008 pursuant to Government Code section 11343.4 (Register 2008, No. 28).
6. Amendment of subsections (g) and (i) and amendment of NOTE filed 10-5-2010; operative 11-4-2010 (Register 2010, No. 41).
Note: Authority cited: Sections 713, 1050, 5510, 8550, 8553, 8555 and 8587.1, Fish and Game Code. Reference: Sections 713, 1050, 7850, 7852.2, 8043, 8496, 8550, 8552, 8552.6, 8553, 8554, 8555, 8556, 8557, 8559, 8587 and 8587.1, Fish and Game Code.
2. Amendment filed 3-29-2004; operative 3-29-2004 pursuant to Government Code section 11343.4 (Register 2004, No. 14).
3. Change without regulatory effect pursuant to section 100, title 1, California Code of Regulations, amending subsections (g) and (i) and amending Note in accordance with section 713 of the Fish and Game Code, filed 5-11-2005; operative 6-10-2005 pursuant to the Commission's instructions (Register 2005, No. 19).
4. Change without regulatory effect amending subsections (g) and (i) filed 12-19-2006 pursuant to section 100, title 1, California Code of Regulations (Register 2006, No. 51).
5. Amendment of subsection (g), repealer and new subsection (h)(2) and amendment of Note filed 7-8-2008; operative 7-8-2008 pursuant to Government Code section 11343.4 (Register 2008, No. 28).
6. Amendment of subsections (g) and (i) and amendment of Note filed 10-5-2010; operative 11-4-2010 (Register 2010, No. 41).
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