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 5.6 - Experimental Fishing Permit Program
Section 91 - Marine Fisheries: Experimental Fishing Permit Program
Universal Citation: 14 CA Code of Regs 91
Current through Register 2024 Notice Reg. No. 38, September 20, 2024
(a) Purpose and scope. This section implements the Experimental Fishing Permit (EFP) Program pursuant to Section 1022 of the Fish and Game Code. The commission may authorize the department to issue an EFP for commercial or recreational marine fishing activities otherwise prohibited by the Fish and Game Code or any regulation adopted pursuant thereto for authorized activities.
(b) Definitions. Definitions contained in subdivision (h) of Section 1022 of the Fish and Game Code for "compensation fishing," "conservation engineering," and "exploratory fishing" apply. In addition, for purposes of this section, the following definitions apply:
(1) Accepted
application: An EFP application packet accepted by the department as complete
and eligible for further consideration by the commission.
(2) Applicant: The individual or entity
applying for the EFP who, upon approval by the commission, becomes the EFP
holder.
(3) Authorized activities:
Activities approved under the EFP for one or any combination of the following
purposes: research, education, limited testing, data collection, compensation
fishing, conservation engineering, or exploratory fishing.
(4) Authorized agent: An individual who may
conduct authorized activities and serve in place of the EFP holder for all
activities requiring the presence or action of the EFP holder and who is named
on form DFW 1103, Marine Fisheries: Experimental Fishing Permit Terms and
Conditions (see subsection
704(b)(2) of
these regulations), if applicable.
(5) EFP holder: The individual or entity to
whom an EFP is issued.
(6) Entity:
A corporation, firm, partnership, association, institution or affiliation,
Native American tribe, or a local, state, or federal agency.
(7) Entity administrator: An individual
designated by an entity who shall oversee all activities conducted under the
permit on the entity's behalf and serve as the primary point of contact for
department inquires for the EFP. Both the entity and entity administrator shall
be liable for any violations of this section or any authorizations, terms, or
conditions of the EFP.
(8)
Interested persons: Every person who has informed the commission in writing of
their interest and has provided their mailing address or email address to be
notified of any accepted applications.
(9) Key participants: Project participants
including the applicant, and if applicable, the entity administrator and any
authorized agents.
(10) Project:
The experimental fishing project for which an EFP is
needed.
(c) Application procedures and application fee. Each EFP application must be submitted to the department pursuant to the provisions in this subsection.
(1) Pre-application consultation. Prior to
applying for the EFP, a prospective applicant must consult with the
department's marine region for consideration of any request for assistance from
the department pursuant to subsection (c)(2)(C) or a permit fee reduction
option pursuant to subsection (m)(3). Pre-application consultation is
encouraged but not required for all other EFP proposals. Requests for
consultation must be submitted in writing to the appropriate point of contact
listed on the department's EFP web page:
https://wildlife.ca.gov/Conservation/Marine/EFP.
(2) An application packet. An applicant shall
submit a written application packet, either electronically to the email
address, or by delivery to the mailing address listed on the department's EFP
web page (https://wildlife.ca.gov/Conservation/Marine/EFP)
and pay the non-refundable application fee as specified in subsection
704(b)(1) of
these regulations. To be complete, the application packet must contain the
following elements:
(A) Contact information
for key participants. Contact information must include the name, title,
affiliation, mailing address, email address, telephone number, and the
Automated License Data System Get Outdoors ID (GO ID) or commercial fishing
license (CFL) number for all key participants.
1. If any key participant does not have a GO
ID or CFL number, they must provide the following information: their true name,
residence address, date of birth, height, color of eyes, color of hair, weight,
gender, telephone number, email address, and a form of identification as listed
in subsection
700.4(c) of these
regulations.
2. If the applicant is
an entity, the contact information should be that of the entity
administrator.
(B) A
statement of purpose, including:
1. A
description of the purpose and goals of the proposed project, including how the
project meets or is consistent with the policies in Section
7050 of
the Fish and Game Code.
2. A list
of project activities that are prohibited under current Fish and Game Code or
state fishing regulations, and the reasons to justify the authorization of
those activities.
(C) A
statement of qualifications demonstrating the ability of the key participants
to perform the duties and responsibilities listed in this subsection. If the
applicant does not have the capability to directly perform or oversee the
performance of the following duties and responsibilities, the applicant may
request assistance from the department pursuant to subsection (c)(1).
1. Lead and provide supervisory oversight for
all activities of the permit under the authorizations, standard terms pursuant
to subsection (h), and special conditions pursuant to subsection (i).
2. Experience in identification, methods, and
protocols specific to the requested taxa under subsection (c)(2)(E).
3. Obtain all appropriate authorizations and
oversee quality control measures to assure conformance to the specified
standards or requirements.
4. Train
all persons operating under the permit.
5. Coordinate field activities and
communicate field findings with the department's marine region.
6. Collect, analyze, and transmit data
gathered under the EFP to the department's marine region.
(D) The specific permit tier (see subsection
(m)(2)) for which the applicant is applying and what consultation, if any, has
occurred with the department regarding the proposed project, including the name
and contact information of the department staff with whom the applicant has
consulted in accordance with subsection (c)(1).
(E) The project description, including:
1. A description of the experimental design
and research plan, including the methodology of the project with specific
procedures for data collection, storage, processing, and analysis; and a
timeline for implementing the project, including, if applicable, the time
period during which compensation fishing is expected to occur.
2. A list of target species expected to be
harvested as samples or for compensation under the EFP, including anticipated
amounts (weight or number) and disposition of target species taken (retained,
sold, or other (e.g., tagged and released)).
3. A list of species expected to be taken
incidental to fishing conducted under the EFP, including anticipated amounts
(weight or number), disposition of incidental species taken (retained, sold,
discarded, or other (e.g., tagged and released)), and a description of any
measures that will be used to reduce incidental catch mortality.
4. A description of the mechanisms to ensure
that the proposed catch limit (weight or number) for target and incidental
species are not exceeded and are accurately tracked or monitored (e.g., at sea
fisheries observers, electronic monitoring, or other reporting method), if any;
and, if applicable, a description of the vessel's capacity to accommodate an
onboard observer.
5. A description
of any potential impacts on existing fisheries, habitat, or possible incidental
interactions with threatened, endangered, or protected species (e.g., sea
turtles, marine mammals, and birds) that could occur as a result of the
project.
6. The type and amount of
gear to be used, including gear specifications and design, and, if applicable,
a description of any bycatch reduction devices that will be used. If the
project involves gear modifications or other gear innovations, the description
must include the means by which department staff can locate, retrieve, and
inspect the proposed gear.
7. The
location and timing of the project. The description must include trip
specifications, such as fishing depth, anticipated number of trips, expected
trip duration, and estimated number of hauls and average soak time (for fixed
gear) or estimated number of tows/sets to be made per day, and estimated
duration and speed per tow (for mobile gear). For vessels listed under
subsection (c)(2)(F), the description must also identify any fishing activity
that is expected to occur on the same trip as the project for purposes other
than those provided by the EFP.
(F) Project vessels to be authorized by the
EFP (if applicable), including:
1. Vessel
name.
2. Names, addresses, and
telephone numbers of vessel owners, and any vessel operators.
3. For any vessel that will be used in
commercial fishing activity related to the permit, the commercial boat
registration number issued pursuant to Section
7881 of
the Fish and Game Code.
4. For any
vessel that will not be used in commercial fishing activity related to the
permit, the commercial boat registration number issued pursuant to Section
7881 of
the Fish and Game Code or a copy of the United States Coast Guard Certificate
of Documentation. If there is no commercial boat registration number or
Certificate of Documentation for the vessel, a copy of the vessel's state
registration is required.
(G) Signature: The date of the application
and the signature of the applicant.
(d) Department review of an EFP application.
(1) Following the receipt of an application,
the department shall accept or reject an application and provide notification
of such determination within 30 days from the date the application fee payment
clears.
(A) Rejection of an application by the
department.
1. The department shall reject the
application as incomplete if it fails to contain the information required under
subsection (c)(2).
2. The
department may reject an application if any key participant has failed to
comply with the terms or conditions of a state or federal fishing license or
permit, has violated any provision of the Fish and Game Code or regulations
adopted thereto or any applicable federal or state law regulating fishing
activities, has had a fishing license or permit suspended or revoked, or has
been convicted of a crime of moral turpitude.
3. If an application is rejected, the
department shall provide written notification to the applicant with an
explanation for the rejection.
4.
Amended application. Within 10 working days of department notification of an
application rejection, the applicant may submit an amended application packet
that corrects deficiencies outlined in the notice of rejection under the
original application fee.
5. Within
30 days of receiving an amended application, the department shall notify the
applicant of its final determination in accordance with the provisions of
subsections (d)(1)(A)3. or (d)(1)(B).
(B) Acceptance of an application by the
department. The department shall accept an application if it is not rejected
under subsection (d)(1)(A). The department shall notify the applicant that the
application has been accepted and transmit the accepted application to the
commission.
(2)
Department technical review and recommendation. Within 60 days after an
accepted application is transmitted to the commission, the department shall
develop and transmit to the commission a recommendation, including any permit
special conditions. In developing its recommendation, the department shall
consider the information provided pursuant to subsection (c)(2) and may request
of the applicant any additional information it deems necessary to evaluate the
project for purposes of developing permit special conditions and shall report
any failure to comply with such requests to the commission.
(3) Time extension for department review.
During its review of an EFP application, the department may extend any of the
time limits specified in subsection (d). The department shall provide written
notification of the time extension under subsection (d)(1) to the applicant,
and under subsection (d)(2) to the commission and the applicant. The written
notification shall include an explanation of the reason additional time is
required.
(e) Public notice of and comment on an EFP application.
(1) Notice of receipt of an accepted EFP
application. Within 5 working days of receipt of an accepted application, the
commission shall send notice to interested persons pursuant to subsection
(e)(3), including a summary of the proposed project, species involved, and
opportunities for public comment.
(2) Notice of receipt of department
recommendation. At least 30 days prior to taking action on an accepted
application, the commission shall send notice to interested persons pursuant to
subsection (e)(3), and post on its website information concerning accepted EFP
applications that include:
(A) Public notices
related to the EFP application and the department recommendation.
(B) The application.
(C) Department recommendation, including any
permit special conditions.
(3) Direct notification to interested
persons.
(A) The commission shall mail or
email the notice to interested persons.
(B) The commission may mail or email the
notice to any person or group of persons whom the commission believes to be
interested.
(f) Commission action on an EFP application.
(1)
At its next available meeting, but not sooner than 30 days after public notice
is given pursuant to subsection (e)(2), the commission shall schedule the
application and any proposed permit special conditions for
consideration.
(2) The commission
may approve or deny the application and/or any permit special conditions.
(A) If the commission approves the
application, the department shall issue the permit pursuant to subsection
(g).
(B) The commission shall deny
an application if it determines any of the following applies:
1. Key participants failed to disclose
material information or provided false, misleading, or inaccurate statements as
to any material fact in connection with the application.
2. Based on the best scientific information
available, alone or in combination with other approved EFPs, the project would
have a detrimental effect on any fish stock, marine mammal, or species
designated as threatened, endangered, or fully protected; or have an adverse
impact on any resource or resource allocation, established fisheries, or marine
habitat.
3. The project is
inconsistent with this section, Section
1022 or Section
7050 of
the Fish and Game Code, any applicable fishery management plan, or other
applicable law for which an exemption is not sought.
(C) If an application is denied, the
commission shall notify the applicant in writing of the reasons for denial and
the decision thereon within 60 days of the
denial.
(g) Department issuance of an EFP.
(1) Upon
approval of an application by the commission, the department shall send to the
applicant for signature a completed form DFW 1103, including any
commission-approved special conditions placed on the permit pursuant to
subsection (f)(2).
(2) The EFP
shall be issued upon department receipt of payment of the applicable EFP fees
and a copy of form DFW 1103 signed and dated by the
applicant.
(h) Permit standard terms. Standard terms of the EFP are set forth on form DFW 1103.
(i) Permit special conditions.
(1) Special conditions of the EFP
are specified on form DFW 1103.
(2)
Special conditions placed on a permit as necessary for research purposes or the
conservation and management of marine resources and the environment may
include:
(A) The maximum amount and size of
each species that can be caught, harvested and/or landed during the term of the
project, including bag/trip limit, annual harvest limit, or other restrictions
placed on take.
(B) The timing of
the authorized activities, and the geographic location where such activity may
occur.
(C) A citation of current
fishing laws and regulations from which the authorized activities are
exempted.
(D) The type, size, and
amount of gear that can be used by each person or vessel operating under the
EFP, and any other restrictions placed on the gear.
(E) The number, size, name, and
identification number of the vessels and/or names and addresses of authorized
agents covered under the EFP, and identification of any additional fishing
permits or licenses that are required to conduct the authorized
activities.
(F) The method for
marking or identifying gear or vessels operating under the EFP.
(G) The procedures and/or type of equipment
to be used to monitor and track the authorized activities, collect data, or
provide for personnel safety.
(H)
Data reporting requirements for the authorized activities, including the
method, format, content, and timeframe for submittal of the required
information to the department.
(I)
Other conditions necessary to ensure compliance with Section
1022 of
the Fish and Game Code and the regulations provided in this
section.
(j) It is unlawful to operate under an EFP in violation of the permit standard terms and special conditions as set forth on form DFW 1103.
(k) Permit updates and amendments.
(1) Department authorized amendments. At any
time during the term of the permit, the department may amend the special
conditions set forth on form DFW 1103 as it deems necessary for research
purposes or the conservation and management of marine resources and the
environment.
(A) Amendments to the special
conditions shall not exceed the allowances placed on the permit by the
commission pursuant to subsection (i) concerning:
1. the amount and type of species that may be
taken,
2. the geographic location
where fishing may occur,
3. the
amount or type of gear that can be used, and
4. the number of vessels or persons that may
conduct the authorized activities.
(B) Upon amending the special conditions of
the EFP, the department shall provide written notification to the commission
and EFP holder, including the reasons for the amendments, and the EFP holder's
right to request that the department review and reconsider the department's
amended conditions pursuant to subsection (p).
(C) The department may suspend the EFP if the
EFP holder fails to return a signed and dated copy of an amended form DFW 1103
within 10 days following date of the written notice.
(2) EFP holder requested amendments. At any
time during the term of the permit, EFP holders may request amendments to their
EFP by submitting a written request, either electronically or by delivery to
the mailing address listed on the department's EFP web page (https://wildlife.ca.gov/Conservation/Marine/EFP)
and paying the applicable non-refundable amendment fee as specified in
subsection
704(c) of these
regulations. The written request must include a description of the proposed
changes and the reasons for the changes.
(A)
Types of EFP holder requested amendments.
1.
Administrative updates. Updates to contact, affiliation, or vessel information
are administrative changes that may be approved and made by the department and
do not require payment of a fee.
2.
Minor amendments. Amendments to the EFP that are subject to the limitations
described in subsection (k)(1)(A) which may be approved and made by the
department.
3. Major amendments.
Amendments to the EFP that exceed the allowances placed on the permit
concerning subsection (k)(1)(A), and are subject to the same department review,
public notice, and commission action, and department issuance procedures
specified in subsections (d)(2) through (g).
(B) If a request for administrative update or
minor amendment is rejected, the department shall provide written notification
to the EFP holder with an explanation for the rejection and the EFP holder's
right to file a request for reconsideration pursuant to subsection
(p).
(3) Approved
amendments do not change or extend the expiration date of the original
permit.
(l) Reports.
(1) The EFP holder shall submit an annual
report to the department by the date specified in the permit special conditions
summarizing the authorized activities carried out during the reporting period.
The annual report must describe the activities conducted and results, including
a summary of any impediments encountered or deviations that occurred.
(2) Within 60 days after the permit
expiration date, the EFP holder shall submit to the department a final report
and any scientific reports or other documents created as a result of the
authorized activities. The final report must provide:
(A) A summary describing the original purpose
and activities completed under the EFP.
(B) A discussion of results and findings of
the EFP project, including any conclusions on the effectiveness of the
authorized activities in achieving the goals of the project, and
recommendations for improving fisheries management or expanding commercial or
recreational opportunities.
(C) Any
additional information as required by the special conditions of the
EFP.
(D) A list of all key
participants who participated, in whole or in part, including a description of
their contribution to the project.
(m) Permit tier structure and fees.
(1) Initial permit issuance fee. Except as
provided for in subsection (m)(3), the department shall charge a non-refundable
fee for the initial issuance of an EFP, as specified in subsection
704(b)(3) of
these regulations.
(2) Annual
permit fee. Except as provided in subsection (m)(3), the EFP holder shall pay a
non-refundable annual permit fee as specified in subsection
704(b)(4) of
these regulations for the EFP based on the designated permit tier.
(A) Tier 1. EFP for the purpose identified
under subsection (b)(3) except for exploratory fishing.
(B) Tier 2. EFP for the purpose identified
under subsection (b)(3) except for exploratory fishing and facilitated by the
department pursuant to subsection (c)(2)(C).
(C) Tier 3. EFP for the purpose of
exploratory fishing.
(D) Tier 4.
EFP for the purpose of exploratory fishing and facilitated by the department
pursuant to subsection (c)(2)(C).
(3) Permit fee reduction option. A 50 percent
reduction in the initial permit issuance fee listed in subsection
704(b)(3) and
annual permit fee listed in subsection
704(b)(4) of
these regulations may be considered and approved as a special condition by the
commission at the time of approval of the EFP on a case-by-case basis, as
recommended by the department.
(A) The
department may identify projects for the permit fee reduction as it deems
necessary to address a specific fishery management need or priority in any of
the following categories:
1. Innovative
fishing gear and techniques to reduce incidental capture of non-target species,
habitat impacts, and/or interactions with protected species.
2. Data collection to fill essential fishery
information gaps or monitoring needs for fisheries and associated
habitat.
3. New data or methods to
quantify catch and effort and/or standardize data reporting for recreational or
commercial fisheries.
4. Other
areas of research that may be necessary for the purpose of fishery management
pursuant to Section
7050 of
the Fish and Game Code.
(B) Pre-application consultation is required
pursuant to subsection (c)(1).
(n) Term of permit and renewal. Permits are valid for one year and may be renewed annually by the department up to three times provided all of the following requirements are met:
(1) The EFP holder shall submit a written
request to the email or mailing address listed on the department's EFP web page
(https://wildlife.ca.gov/Conservation/Marine/EFP)
to renew the EFP at least 60 days prior to the expiration date of the current
permit.
(2) Upon review and
determination by the department that all key participants have complied with
the requirements, terms, and conditions of this section and form DFW 1103 to be
eligible for a permit renewal.
(3)
Payment of the designated annual permit fee pursuant to subsection (m)(2) must
be received by the department's license and revenue branch on or before the
annual expiration date of the EFP.
(o) Permit revocation, suspension, cancellation, or non-renewal.
(1) An EFP
holder may submit a written request for cancellation to the department's
license and revenue branch.
(2) The
EFP shall be subject to revocation, suspension, cancellation, or non-renewal by
the department for any of the following reasons:
(A) Failure to comply with the
authorizations, conditions, or terms of the permit.
(B) Failure to comply with any provision of
the Fish and Game Code or regulations adopted pursuant thereto that are not
otherwise exempted by the permit; violation of any federal statute, regulation,
or rule that is related to a regulated fishing activity; or conviction of a
crime of moral turpitude.
(C)
Reasons listed subdivision
1022(a)(2) of the
Fish and Game Code.
(D) A change in
the Fish and Game Code or regulations adopted pursuant thereto, or to any
federal statute, regulation, or rule that prohibits the continuation of the
authorized activities.
(E)
Submittal of false information for the purposes of obtaining or renewing a
permit.
(F) The purpose of the
project has been achieved or the EFP produces information at a level deemed by
the department sufficient to support a management action.
(G) Failure to pay the designated annual
permit fee pursuant to subsection (n)(3).
(3) The department shall provide written
notification to the EFP holder of any action to revoke, suspend, cancel, or
deny renewal of an EFP. The notice must include: the name of the EFP holder,
the EFP identification number, the reason for the revocation, suspension,
cancellation, or renewal denial, a description of any actions necessary for the
EFP holder to correct any deficiencies (if applicable), and the EFP holder's
right to request reconsideration by the department.
(4) An EFP holder whose permit has been
suspended or revoked shall turn over all records produced under the terms and
conditions of the EFP pursuant to department's direction. If applicable, an EFP
holder whose permit has been revoked, suspended, or cancelled or whose permit
renewal has been denied shall turn over all department owned equipment
including, but not limited to, fishing gear, electronic monitoring equipment,
storage devices, trap tags, etc. Failure to return department owned equipment
by a permittee as described in this subsection shall be
unlawful.
(p) Reconsideration. A person or entity who receives a notice of revocation, suspension, cancellation, or modification of their permit from the department, or a notice that their permit renewal has been denied or permit amendment has been rejected by the department, may submit a written request for reconsideration to the department no later than 30 days following the date of the notification, and shall state the reasons for the requested reconsideration. The department shall consider any information submitted with the request, and it may reverse or amend its decision.
1. New section filed 3-2-2022; operative 4-1-2022 pursuant to Government Code section 11343.4(b)(3) (Register 2022, No. 9).
Note: Authority cited: Sections 200, 205 and 1022, Fish and Game Code. Reference: Sections 200, 205 and 1022, Fish and Game Code.
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