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 52.05 - Allocation

Universal Citation: 14 CA Code of Regs 52.05

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

(a) Allocation of a Total Allowable Catch (TAC) of nearshore fish populations between recreational and commercial sectors will be consistent with the recommended Nearshore FMP allocation approach approved by the commission, and, with regulations of the Department of Commerce for nearshore groundfish ( 50 CFR, Part 660) until transfer of fishery management authority, or other Federal authorization for allocation by the state, is attained for these species.

(b) The commission will consider the following factors during a change in allocation:

(1) present versus historical participation in the fishery

(2) the economics of the fisheries

(3) local community impacts

(4) product quality and flow to the consumer

(5) gear conflicts

(6) non-consumptive uses

(7) fishing efficiency, and

(8) recreational versus commercial fishery factors.

(c) Allocation by the state of a commission authorized TAC for nearshore fish stock will be based on the use of historical fishery information applied regionally, with constituent involvement, and based on a careful review of recreational and commercial landings information, and adopted in compliance with the Administrative Procedure Act.

(d) Until regional management is phased-in, and regional fishery information required to implement the allocation methodology under subdivision (c) is available, allocation of state managed nearshore fish stocks will be based on the currently used ratio of recreational to commercial take for a species during the periods 1983 through 1989, and 1993 through 1999.

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, 7082 and 7083, Fish and Game Code.

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