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 6 - Fish, Commercial
Section 107 - Broadbill Swordfish

Universal Citation: 14 CA Code of Regs 107

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

(a) Permit Required.

(1) The owner or operator of a vessel taking broadbill swordfish for commercial purposes shall have obtained a valid swordfish permit and shall be in possession of said permit when engaged in such activities.

(2) To Whom Issued. The department shall issue a permit to the owner or operator of a currently registered vessel.

(b) Vessel Identification. Permittees vessel shall display its assigned permit number in 10" high x 2" wide black Roman alphabet letters and Arabic numerals. Figures shall be black on a white background on both sides of the superstructure of the vessel. Numbers shall be displayed at all times while operating under a swordfish permit.

(c) 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.

(d) Cost of Permit. See Section 8394.5 of the Fish and Game Code.

(e) Methods of Take.

(1) Swordfish may be taken only with hand-held hook and line, deep set buoy gear authorized under federal law, or handthrusted harpoon.

(2) Aircraft may be used to directly assist a permittee or any person in the taking of any species of fish while operating under a swordfish permit.

Only aircraft with current FAA registration which are registered with the department pursuant to Section 7892, Fish and Game Code, and aircraft pilots licensed pursuant to Section 7850, Fish and Game Code, may conduct flights for permittees. Such aircraft shall display the letters "SW" on the underside of each wing in block Roman alphabet at least 24 inches high x 3 inches wide, black in color and on a white background.

(f) Notification Procedure. The department shall notify permittees if the director, pursuant to Section 8577 of the Fish and Game Code, closes the swordfish harpoon fishery or any area where the fishery is conducted. The department shall notify permittees by mail and by public announcement on VHF/Channel 16 between 0800 hours and 1000 hours during normal business days. Radio transmissions shall commence 48 hours prior to the effective date of a closure and shall continue for 24 hours after the effective date of such action. It shall be the responsibility of the permittee to daily monitor the named radio channel during the specified hours.

(g) Revocation of Permits. Any permit may be revoked and canceled by the commission upon breach or violation of any fish and game law or regulation or violation of the terms or conditions of the permit by the holders thereof, their agents, servants, employees or those acting under their direction and control.

1. Amendment filed 6-9-77 as an emergency; effective upon filing (Register 77, No. 24). For prior history, see Register 76, No. 30.
2. Certificate of Compliance filed 7-28-77 (Register 77, No. 31).
3. Amendment filed 3-25-81; effective thirtieth day thereafter (Register 81, No. 13).
4. Amendment filed 10-19-81; effective thirtieth day thereafter (Register 81, No. 43).
5. Relettering of subsection (i) to subsection (j) and new subsection (i) filed 5-17-83; effective thirtieth day thereafter (Register 83, No. 21).
6. Amendment of subsection (h)(2) filed 10-19-84; effective upon filing pursuant to Government Code section 11346.2(d) (Register 84, No. 42).
7. Amendment of subsection (e) filed 12-8-89; operative 1-1-90 (Register 89, No. 50).
8. Amendment of subsection (g) filed 4-18-91; operative 5-18-91 (Register 91, No. 21).
9. Amendment of subsections (a)(2), (b), and (h)(2)(A), repealer of subsections (a)(3) and (h)(2)(B) and amendment of NOTE filed 5-9-95; operative 6-8-95 (Register 95, No. 19).
10. Repealer of subsections (b)-(c), subsection relettering, amendment of newly designated subsections (f) and (g) and amendment of NOTE filed 10-5-2010; operative 11-4-2010 (Register 2010, No. 41).
11. Repealer of subsection (c), subsection relettering, amendment of newly designated subsections (d) and (f) and amendment of NOTE filed 2-26-2019; operative 4-1-2019 (Register 2019, No. 9).
12. Amendment of subsections (a)(2), (b) and (e)(1) and NOTE filed 8-29-2019; operative 9-15-2019 pursuant to Government Code section 11343.4(b)(3) (Register 2019, No. 35).

Note: Authority cited: Sections 1050, 7857, 7892, 8026 and 8394, Fish and Game Code. Reference: Sections 1050, 7857, 7892, 8026, 8394, 8394.5, 8577 and 9028, Fish and Game Code.

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