California Code of Regulations
Title 14 - Natural Resources
Division 1 - Fish and Game Commission-Department of Fish and Game
Subdivision 1 - Fish, Amphibians and Reptiles
Chapter 5.5 - Fishery Management Plans
Article 3 - Nearshore Fishery Management Plan
Section 52.01 - Definitions

Universal Citation: 14 CA Code of Regs 52.01

Current through Register 2024 Notice Reg. No. 38, September 20, 2024

(a) Definitions for nearshore fish stocks, nearshore fisheries, and nearshore waters are included in Section 1.90, Title 14, CCR.

(b) Allocation means assignment of an amount of catch to different sectors of a fishery.

(c) Cape Mendocino for purposes of describing the boundary of fishery management areas means a point on the mainland shore at 40 degrees 10 minutes north latitude.

(d) Council means Pacific Fishery Management Council [see subdivision (k) below].

(e) Fishery Control Rule means specified approaches to determining the amount and type of catch allowed in a fishery.

(f) National Marine Fisheries Service or NMFS means the National Marine Fisheries Service in the United States Department of Commerce.

(g) Nearshore Fishery Management Plan (Nearshore FMP) means sections 1 and 2 of the Nearshore Fishery Management Plan approved by the Commission on August 29, 2002, hereby incorporated by reference except for the "notice actions" process described in section 1, page 1-14.

(h) Nearshore Rockfish means black rockfish (Sebastes melanops), black-and-yellow rockfish (Sebastes chrysomelas), blue rockfish (Sebastes mystinus), brown rockfish (Sebastes auriculatus), calico rockfish (Sebastes dallii), California scorpionfish (Scorpaena guttata), China rockfish (Sebastes nebulosus), copper rockfish (Sebastes caurinus), gopher rockfish (Sebastes carnatus), grass rockfish (Sebastes rastrelliger), kelp rockfish (Sebastes atrovirens), olive rockfish (Sebastes serranoides), quillback rockfish (Sebastes maliger), treefish (Sebastes serriceps).

(i) Overfished is defined at Section 97.5 of the Fish and Game Code, and in the Nearshore FMP also means a population that falls below the threshold of 30% of the estimated unfished biomass.

(j) Overfishing is defined at Section 98 of the Fish and Game Code, and in the Nearshore FMP also means that the total catch of a nearshore fish population exceeds the Total Allowable Catch in any year or season.

(k) PFMC or Council means the Pacific Fishery Management Council established pursuant to the Magnuson-Stevens Fishery Conservation and Management Act.

(l) Quota means a specified numerical amount of landings (excluding discard mortality), the attainment (or expected attainment) of which may cause closure of the fishery.

(m) Total Allowable Catch or TAC means a specified numerical amount of catch (including discard mortality), the attainment (or expected attainment) of which may cause closure of the fishery. In Stage I of the Nearshore FMP Fishery Control Rule, TAC is equivalent to a proxy for Optimum Yield as adopted in state or federal regulations; In Stages II and III, TAC is equivalent to Optimum Yield as adopted in state or federal regulations.

(n) Unfished Biomass or Bunfished means an estimate of the biomass or population size that would exist if there had been no fishing in recent history (within several generations) of a fish population.

(o) Definitions contained in Chapter 1, and Article 1 of Chapter 5.5, of Subdivision 1, Division 1, Title 14, CCR, and Chapters 1 and 2 of Division 0.5 of the Fish and Game Code, apply to the nearshore fishery in addition to definitions of this section.

1. New section filed 1-9-2003; operative 2-8-2003 (Register 2003, No. 2).

Note: Authority cited: Section 7071, Fish and Game Code. Reference: Sections 7071, 7075, 7078, 7083 and 7086, Fish and Game Code.

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