Current through Register 2024 Notice Reg. No. 38, September 20, 2024
(a) Permit Required.
(1) Northern Pink Shrimp Trawl Permit. On and
after April 1, 2001, any person using a trawl net to take, possess aboard a
vessel, or land pink shrimp for commercial purposes in ocean waters north of a
line drawn due west of Point Conception shall have a northern pink shrimp trawl
permit or a northern pink shrimp trawl individual permit that has not been
suspended or revoked. All pink shrimp taken in ocean waters north of the
aforementioned line incidental to other fishing activities shall be immediately
returned to the water. For the purposes of this Section, vessel owner includes
any person who has a lease-purchase agreement for the purchase of a
vessel.
(2) Southern Pink Shrimp
Trawl Permit. On and after April 1, 2001, any person using a trawl net to take,
possess aboard a boat, or land pink shrimp for commercial purposes in ocean
waters south of a line drawn due west of Point Conception shall have a southern
pink shrimp trawl permit that has not been suspended or revoked. The applicant
must be the operator of a currently registered commercial fishing vessel. The
applicant for a permit shall submit the fees and the completed application, as
specified in Section
705, to the address listed on the
application.
(b) Initial
Permit Issuance.
(1) A northern pink shrimp
trawl individual permit may be issued to the holder of a valid 2000-01 pink
shrimp trawl individual permit who landed a minimum of 5,000 pounds of pink
shrimp north of Point Conception in each of three of the fishing seasons from
April 1, 1994 to October 31, 1999 as documented by department landing receipts
submitted in their name and commercial fishing license identification
number.
(2) A northern pink shrimp
trawl vessel permit may be issued to the current owner of a vessel with a valid
2000-01 pink shrimp trawl vessel permit who landed a minimum of 5,000 pounds of
pink shrimp north of Point Conception in each of three of the fishing seasons
from April 1, 1994 to October 31, 1999, as documented by department landing
receipts.
(3) A northern pink
shrimp trawl vessel permit may be issued to an individual who does not qualify
for a permit in (b)(1) or (2), above, and is the current owner of a commercial
fishing vessel and who has been licensed as a California commercial fisherman
for at least 20 years at the time of application and has participated in the
pink shrimp trawl fishery for at least one of those years in this state as
documented by department landing receipts that cumulatively total 5,000 pounds
of pink shrimp landed by trawl nets in their name and commercial fishing
license number. Any permit issued under this provision shall be
nontransferable.
(4) Initial
applications for all northern pink shrimp trawl permits shall be received by
the department or, if mailed, postmarked no later than May 31, 2001. Initial
late applications shall be received by the department or, if mailed, postmarked
not later than June 30, 2001 and shall be accompanied by a $50 late fee.
Initial late applications not received by the department or, if mailed,
postmarked after June 30, 2001, will not be considered. A permit shall not be
issued until the $50 late fee is paid.
(5) No individual or corporation that
qualifies for a northern pink shrimp trawl vessel permit shall be issued a
northern pink shrimp trawl individual permit.
(c) Vessel Length Endorsement.
(1) Each northern pink shrimp trawl vessel
permit shall be endorsed with the overall length at the time of initial
issuance. Vessel overall length is measured between the perpendiculars at the
foremost portion of the hull at the stem, excluding any extensions commonly
known as bowsprits, and the aftermost portion of the hull at the sternpost,
excluding any extensions thereof. One of the following forms of documentation
shall be submitted as proof of the vessel's overall length.
(2) Marine Survey Report. Before any northern
pink shrimp trawl vessel permit is issued or transferred to another vessel, the
owner of the vessel who will receive the permit may submit a marine survey
completed by a certified marine surveyor on or after April 1, 1999 that clearly
shows the vessel overall length.
(3) Federal Groundfish Permit. Before any
northern pink shrimp trawl vessel permit is issued or transferred to another
vessel, the owner of the vessel who will receive the permit may submit their
current valid Federal Groundfish Permit with its endorsed length as
documentation of the vessel's overall length.
(4) When a vessel is no longer available for
an overall length measurement, as determined by the department, and does not
have a current valid Federal Groundfish Permit, the department may consider: a
Marine Survey dated prior to April 1, 1999, U.S. Coast Guard Documentation, or
Department of Motor Vehicles registration records.
(d) Permit Renewal.
(1) Applicants for northern pink shrimp trawl
permits must have held a valid northern pink shrimp trawl permit in the
immediately preceding permit year. All applications for northern pink shrimp
trawl permit renewal shall be received by the department or, if mailed,
postmarked not later than April 30 each year. Late fees, late fee deadlines,
and late renewal appeal provisions are specified in Fish and Game Code Section
7852.2.
(2) A northern pink shrimp trawl individual
permit shall be upgraded to a northern pink shrimp trawl vessel permit before
April 1, 2003. The vessel that the northern pink shrimp trawl vessel permit is
assigned to may be not more than five feet greater in overall length than the
longest vessel on which the permittee made qualifying landings. The individual
permittee is subject to the terms of permit renewal in Section
120.2(d)(1). Any
northern pink shrimp trawl individual permit not upgraded to a northern pink
shrimp trawl vessel permit before April 1, 2003 shall be deemed forfeit to the
department.
(e) Permit
Transfers.
(1) A northern pink shrimp trawl
vessel permit may be transferred to a replacement vessel owned by the permittee
within two years of the permitted vessel being lost, stolen, or destroyed. The
replacement vessel may be up to but not more than five feet greater in overall
length than the original permitted vessel. The original length endorsement will
remain on the permit.
(2) A
northern pink shrimp trawl vessel permit is otherwise transferable to another
owner only if the vessel qualifying for the initial permit landed 90,000 pounds
of pink shrimp by trawl north of Point Conception from April 1, 1994 to October
31, 1999. An individual permit, when upgraded to a vessel permit pursuant to
Section 120.2(d)(2),
shall be otherwise transferable to another owner only if the fishermen
qualifying for the initial permit landed 90,000 pounds of pink shrimp by trawl
north of Point Conception from April 1, 1994 to October 31, 1999.
(A) The transferable permit may not be
transferred more than once every twelve months.
(B) The transferable permit may be
transferred any number of times to a different vessel up to five feet greater
in overall length than the original endorsement, or of equal or less overall
length. The original length endorsement will remain on the permit.
(C) A transferable permit may be permanently
changed to a nontransferable permit on written request of the vessel owner. The
permit shall not be restored to a transferable permit under any
circumstances.
(3) On the
death of a transferable northern pink shrimp trawl vessel permittee an heir may
apply to the department to transfer that permit to him or her. The application
for transfer shall be received by the department within two years of the death
of the permittee.
(4) Any northern
pink shrimp trawl vessel permit may be temporarily transferred, for up to one
year, to a different vessel, if the permitted vessel is seriously damaged, has
suffered a major mechanical breakdown, or is lost or destroyed. The request for
temporary transfer shall include documentation of the damage, breakdown, loss
or destruction.
(5) Any northern
pink shrimp trawl vessel may be permanently retired from the fishery for any
reason, and the permit transferred to a different vessel, up to but not more
than five feet greater in overall length than the original length endorsement,
which is owned by the same permittee.
(f) Appeal.
(1) Any applicant who is denied initial
issuance of a northern pink shrimp trawl vessel permit or a northern pink
shrimp trawl individual permit by the department for any reason may appeal that
denial to the commission in writing, describing the basis for the appeal. The
appeal shall be received by the commission or, if mailed, postmarked not later
than March 31, 2002.
(2) Appeals
for initial permit issuance may be based on medical conditions, vessel
condition, purchase of a vessel during the moratorium period which had a pink
shrimp vessel permit, economic conditions in the fishery, historic
participation levels in the California pink shrimp fishery, oceanographic
conditions and associated low availability of shrimp in the California area of
the fishermen's residence, and incapacity of the vessel to participate in the
fishery.
(3) Renewal Appeals. Late
renewal appeal provisions are specified in Fish and Game Code Section
7852.2.
(4) Any applicant who is denied transfer of a
northern pink shrimp trawl vessel permit may appeal the denial to the
department in writing not more than 90 days from the date of denial describing
the basis for the appeal. The appeal shall be reviewed and decided by the
department. The decision of the department may be appealed in writing to the
commission within 60 days of the date of the department's
decision.
(g) Fees and
Applications.
(1) The annual fee and
application for a transferable northern pink shrimp trawl vessel permit is
incorporated by reference in Section
705.
(2) The fee to transfer a permit to a new
owner is incorporated by reference in Section
705. No northern pink shrimp trawl
vessel permit shall be transferred without a completed application and payment
of fees.
(3) The fee to transfer a
permit to another vessel owned by the same permittee is incorporated by
reference in Section
705.
(4) The fee for a temporary permit transfer
of up to one year is incorporated by reference in Section
705.
(5) The annual fee and application for a
nontransferable northern pink shrimp trawl vessel permit is incorporated by
reference in Section
705.
(h) Capacity Goal.
(1) The department shall evaluate the
capacity goal every three years and report to the commission, with a
recommendation regarding issuance of new permits.
(2) The capacity goal for transferable
permits shall be a range from 75 up to the number of permits initially issued,
and for nontransferable permits a range of 0 up to the number of permits
initially issued.
1. New
section filed 12-10-2008; operative 1-9-2009 (Register 2008, No.
50).
2. Amendment of subsections (a)(2) and (g)-(g)(5), repealer of
subsections (g)(6)-(7) and amendment of NOTE filed 10-5-2010; operative
11-4-2010 (Register 2010, No. 41).
Note: Authority cited: Sections
713,
1050,
8591,
8841
and
8842,
Fish and Game Code. Reference: Sections
1050,
7057,
7852.2,
7858,
8101,
8591,
8841
and
8842,
Fish and Game Code.