Cal. Code Regs. Tit. 14, § 174 - Permit to Use Gill Nets or Trammel Nets for Commercial Purposes

(a) Permit Required.

(1) The owner or operator of a vessel using a gill net or trammel nets shall have obtained a valid gill net/trammel net permit and shall be in possession of said permit when engaged in gill netting or trammel netting activities except as provided under subsection (i). Pursuant to Fish and Game Code Section 7857(c), the permittee shall be present when fish are being taken, possessed aboard a boat, or landed for commercial purposes.

(2) To Whom Issued. The department shall issue permits to the owner or operator of a currently registered commercial fishing vessel who has qualified pursuant to subsection (b).

(b) Qualifications for the Permit. To qualify for a permit, an applicant shall:

(1) Have worked as a crewmember for at least 12 months on vessels using gill nets or trammel nets and shall have worked at least 180 days at sea on such vessels; or

(2) Pass a proficiency examination administered by the department. The proficiency examination shall include written and performance tests which demonstrate knowledge of the proper use of gill nets or trammel nets.

(3) Prove to the director's satisfaction that as the owner or operator of a legally registered commercial fishing vessel, he has landed at least 10,000 pounds of fish during a 12-month period, or has landed fish during a 12-month period for which he was paid at least $10,000. Only landings of fish caught by the use of gill nets or trammel nets shall be used to satisfy the catch requirements of this subsection; or

(4) Prove to the director's satisfaction that as the owner or operator of a legally registered commercial fishing vessel, he has landed at least 1,000 pounds of fish taken in gill nets or trammel nets in 4 of the 5 license years prior to the date of application; or

(5) Have possessed a permit issued pursuant to this section during the previous season and shall have complied with subsection (f) of these regulations.

(6) Only landings and crewmember experience occurring during the five year period prior to the date of application shall be used to meet the requirements of subsection (b). The applicant shall supply documentation that he was a legally licensed commercial fisherman when he made the required landings or met the crewmember experience requirements. Crewmember experience shall be documented by fishing records submitted to the department as required by subsection (f), or by a notarized document signed by the owner or operator of vessels on which the applicant has completed the required experience. Landings of fish shall be verified by the submission of copies of landing receipts.

(c) Limitations of Permit. Permits must be renewed annually.

(d) Permit Renewal. Beginning April 1, 2009, and thereafter, applications for renewal of gill net/trammel net permits shall 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.

(e) Cost of Permit. See section 8683 of the Fish and Game Code.

(f) Records. Pursuant to Section 190 of these regulations, each permittee shall complete and submit a fishing activity record of all gill net and trammel net fishing activities on a logbook Gill and Trammel Net Log (DFG 174 (10/89), see Appendix A) provided by the department.

(1) Any permittee targeting highly migratory species, as described in Section 1.49, and using drift gill net gear with a minimum 14-inch or greater mesh size, as described in Fish and Game Code Section 8573, is exempt from the logbook requirement.

(g) Conditions of Permit. Provisions of the Fish and Game Code relating to commercial fish except as modified by the provisions of these regulations, shall be a condition of all permits to be fully performed by the holders thereof, their agents, servants, employees or those acting, under their direction or control.

(h) Revocation. As specified in Fish and Game Code Section 8681, the commission may suspend, revoke, or cancel a permit, license, and commercial fishing privileges pursuant to Fish and Game Code Section 7857.

(i) Exemptions from Permit. The owner or operator of a vessel operating under a permit issued pursuant to section 163 of these regulations is not required to possess the permit authorized by this section.

Notes

Cal. Code Regs. Tit. 14, § 174

1. New section filed 3-25-81; effective thirtieth day thereafter (Register 81, No. 13).
2. Amendment of section heading and subsections (a)(1), (b)(2)-(4.) and (f) filed 3-17-82; effective thirtieth day thereafter (Register 82, No. 12).
3. New subsections (j)-(l) filed 7-8-82 as an emergency; effective upon filing (Register 82, No. 28). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 11-5-82.
4. Amendment of subsections (j) and (1) filed 8-13-82 as an emergency; effective upon filing (Register 82, No. 33). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 12-11-82.
5. Reinstatement of section as it existed prior to emergency adoption of subsections (j)-(l) filed 7-8-82 and the amendment of subsections (j) and (l) filed 8-13-82 by operation of Government Code section 11346.1(f) (Register 83, No. 34).
6. New subsections (j) and (k) filed 8-12-83 as an emergency; effective upon filing (Register 83, No. 34). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 12-10-83.
7. Amendment of subsection (i) filed 5-9-84; effective thirtieth day thereafter (Register 84, No. 19).
8. Amendment of subsection (b)(5) and repealer of subsections (j) and (k) filed 5-19-86; effective thirtieth day thereafter (Register 86, No. 21).
9. Amendment of subsection (f) filed 12-8-89; operative 1-1-90 (Register 89, No. 50).
10. Amendment of subsection (e) filed 4-18-91; operative 5-18-91 (Register 91, No. 21).
11. Amendment of subsection (a)(1), repealer of subsection (a)(3), amendment of subsections (b)(6) and (c), repealer and new subsections (d) and (h) and amendment of subsection (i) and NOTE filed 7-8-2008; operative 7-8-2008 pursuant to Government Code section 11343.4 (Register 2008, No. 28).
12. Amendment of subsection (f), new subsection (f)(1) and amendment of NOTE filed 2-26-2019; operative 4-1-2019 (Register 2019, No. 9).

Note: Authority cited: Sections 1050, 8026, 8681 and 8682, Fish and Game Code. Reference: Sections 1050, 1700, 7852.2, 8026, 8568, 8573, 8680, 8681, 8682 and 8683, Fish and Game Code.

1. New section filed 3-25-81; effective thirtieth day thereafter (Register 81, No. 13).
2. Amendment of section heading and subsections (a)(1), (b)(2)-(4.) and (f) filed 3-17-82; effective thirtieth day thereafter (Register 82, No. 12).
3. New subsections (j)-(l) filed 7-8-82 as an emergency; effective upon filing (Register 82, No. 28). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 11-5-82.
4. Amendment of subsections (j) and (1) filed 8-13-82 as an emergency; effective upon filing (Register 82, No. 33). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 12-11-82.
5. Reinstatement of section as it existed prior to emergency adoption of subsections (j)-(l) filed 7-8-82 and the amendment of subsections (j) and (l) filed 8-13-82 by operation of Government Code section 11346.1(f) (Register 83, No. 34).
6. New subsections (j) and (k) filed 8-12-83 as an emergency; effective upon filing (Register 83, No. 34). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 12-10-83.
7. Amendment of subsection (i) filed 5-9-84; effective thirtieth day thereafter (Register 84, No. 19).
8. Amendment of subsection (b)(5) and repealer of subsections (j) and (k) filed 5-19-86; effective thirtieth day thereafter (Register 86, No. 21).
9. Amendment of subsection (f) filed 12-8-89; operative 1-1-90 (Register 89, No. 50).
10. Amendment of subsection (e) filed 4-18-91; operative 5-18-91 (Register 91, No. 21).
11. Amendment of subsection (a)(1), repealer of subsection (a)(3), amendment of subsections (b)(6) and (c), repealer and new subsections (d) and (h) and amendment of subsection (i) and Note filed 7-8-2008; operative 7-8-2008 pursuant to Government Code section 11343.4 (Register 2008, No. 28).