Current through Register 2023 Notice Reg. No. 52, December 29, 2023
(a) The department shall issue experimental
fishing permits to any applicant approved by the commission in the year 2018 to
receive an experimental gear permit pursuant to Fish and Game Code 8606
(repealed, 2018), under the following requirements and restrictions:
(1) Permits will be issued as experimental
fishing permits pursuant to Fish and Game Code 1022, and are valid for a term
of one year, from April 1, through March 31.
(2) The applicant shall submit a written
request to the department for issuance of an experimental fishing permit at
least 60 days prior to the expiration date of their current permit.
(3) Upon review and determination by the
department that the applicant can meet the standard terms and special
conditions of the experimental fishing permit, as set forth in subsection (b):
(A) Experimental fishing permits will be
first issued by the department to those applicants who received an experimental
gear permit from the department in the year 2018 and submitted a written
request for permit issuance pursuant to subsection (a)(2).
(B) Whenever there are less than eight valid
permits issued, the department may issue experimental fishing permits to
another applicant approved by the commission in 2018 for an experimental gear
permit, so long as there are no more than eight valid permits at any one
time.
(4) Each year that
the experimental fishing permit is issued, the applicant for the experimental
fishing permit shall submit the fee, as specified in Section
704, to the department's license
and revenue branch. The fee shall be received by the license and revenue branch
on or before March 1 of each year.
(A)
Exception: Prior to April 1, 2020, the fee shall be received by the
department's license and revenue branch on or before March
31.
(b) Permit
Standard Terms and Special Conditions.
(1)
The permittee shall comply with all standard terms set forth in Experimental
Fishing Permit Terms and Conditions, form DFW 1085 (subsection
704(a)(2)).
(2) The permittee shall comply with any
special conditions attached to form DFW 1085.
(A) Based upon a recommendation from the
department, the commission may approve the adoption, amendment, or repeal of
special conditions set forth in form DFW 1085 as it deems necessary for
research and the conservation and management of marine resources and the
environment.
(B) The department
shall notify a permittee at least 30 days before recommending an amendment to
the special conditions of the experimental fishing
permit.
(c) The
department shall deny issuance or renewal, suspend or revoke an experimental
fishing permit for reasons including:
(1)
Failure to comply with the authorizations, conditions, or terms of the
permit.
(2) A violation of Fish and
Game Code or regulations adopted pursuant thereto including but not limited to
those relating to protected species, minimum size limits, and seasons or areas
closed to fishing that are not otherwise exempted by the permit.
(3) Reasons listed in Fish and Game Code
section
1022(a)(2).
(4) A change in the laws or regulations that
prohibits the continuation of the permitted fishing
activity.
(d) A person
whose experimental fishing permit is suspended or revoked by the department
pursuant to this section may file a request for reinstatement, or an appeal in
the case of a denied experimental fishing permit, to the commission by
submitting a written request for a hearing within 30 days of the department's
action.
(e) Access to future
permits, if a fishery is developed, is not implied by participation in the
experimental fishing permit program.
(f) This section will sunset on April 1,
2023.
(g) This section only applies
to the Box Crab Experimental Fishing Permit, and Section
91 of these regulations does not
apply to the Box Crab Experimental Fishing Permit.
1. New
chapter 5.6 (section
90) and new section filed
3-24-2020; operative 3-24-2020 pursuant to Government Code section
11343.4(b)(3)
(Register 2020, No. 13).
2. Editorial correction restoring
inadvertently omitted subsection (b) (Register 2020, No. 22).
3.
Amendment of section heading and new subsections (f)-(g) filed 3-2-2022;
operative 4-1-2022 pursuant to Government Code section
11343.4(b)(3)
(Register 2022, No. 9).
Note: Authority cited: Section
1022,
Fish and Game Code. Reference: Section
1022,
Fish and Game Code.
