Current through Register 2024 Notice Reg. No. 38, September 20, 2024
(a) Permit Required.
(1) Any person taking or assisting in the
taking of sea urchins for commercial purposes shall have obtained a valid sea
urchin permit and shall be in possession of said permit when engaged in such
activities. A sea urchin diving permit is not required to operate or assist in
operating a vessel used to take sea urchins, however, no person without a valid
sea urchin diving permit shall engage in diving from a vessel from which sea
urchins are being taken or possessed for commercial purposes, unless authorized
by the department's marine region regional manager or his or her designee for
the purposes of sea urchin management or research.
(2) To provide an economic incentive for
cooperative sea urchin management and research activity, and notwithstanding
any other portion of this section, the department may authorize the holder of a
valid sea urchin diving permit to harvest (take, possess, land and/or sell) red
sea urchins during a closed season or in a closed area, subject to such
restrictions regarding date(s), location(s), time(s), size, poundage or other
matters as specified by the department. Any data collected during such harvest
activity shall be made available to the department. The form of this
authorization shall be a letter from the department's marine region regional
manager or his or her designee issued to the permittee and containing all
conditions of use.
(b)
Classes of Permits.
(1) Sea Urchin Diving
Permit. Sea urchin diving permits will be issued to licensed commercial
fishermen 16 years of age or older who have qualified for permits pursuant to
subsection (c).
(2) Sea Urchin
Crewmember Permit. Sea urchin crewmember permits will be issued to licensed
commercial fishermen 16 years of age or older who do not qualify for sea urchin
diving permits.
(c)
Permit Renewal.
(1) Applicants for renewal of
sea urchin diving permits must have held a valid, unrevoked sea urchin diving
permit in the immediately preceding permit year (April 1-March 31).
(2) Applications for renewal of sea urchin
diving permits shall be received by the department or, if mailed, postmarked no
later than April 30. Late fees, late fee deadlines, and late renewal appeal
provisions are specified in Fish and Game Code Section
7852.2.
(d) Number of Permits.
(1) All qualified prior sea urchin diving
permittees shall be eligible to receive diving permits regardless of the number
issued.
(2) If the number of diving
permits issued to prior permittees is less than 150, the number of new sea
urchin diving permits to be issued shall only be the difference between the
number of diving permits issued to prior permittees in the immediately
preceding permit year (ending March 31) and 150.
(3) While the number of diving permits issued
to prior permittees is greater than 150, only one new sea urchin diving permit
shall be available for every 11 permits that are retired pursuant to Fish and
Game Code subsection 7852.2(c).
(e) Applications for New Permits:
(1) A drawing shall be held annually for any
new sea urchin diving permits that become available for issuance.
(2) Applications for new sea urchin diving
permits shall be made available each year through the department's Automated
License Data System, at department license sales offices, the department's
Internet Sales site, and at department's license agents authorized to sell
commercial fishing licenses.
(3)
Applicants shall apply by March 31 of each year.
(4) Applicants shall possess a valid
Commercial Fishing License and a valid sea urchin crewmember permit for each of
the two permit years immediately preceding the permit year when the drawing is
done.
(5) Applicants shall pay the
nonrefundable processing fee as specified in Section
705 for each drawing
application.
(6) Each applicant
shall receive a drawing receipt printed from the terminal or downloaded from
the Internet. The receipt shall contain the applicant's name and permanent
identification number, proof of entry into drawing, and their current
preference points for the drawing.
(7) Applicants shall not submit more than one
drawing application for the same license year.
(f) Drawings for New Permits
(1) The department shall award any new
permits using a Modified-Preference Point drawing system.
(2) The Modified-Preference Point drawing
system shall award proportions of permit quota using the following drawing
methods:
(A) Preference Point Drawing:
Permits in the preference quota are awarded based on the following order of
priority: accumulated preference point totals (highest to lowest), and
computer-generated random number (lowest to highest).
(B) Random Drawing: Permits in the random
quota are awarded according to computer-generated random number (lowest to
highest), without consideration of accumulated preference
points.
(3) The available
new permit quantity shall be split into separate quotas. Every fifth permit
that becomes available shall belong to the random quota while all other permits
shall belong to the preference quota. This four-to-one ratio for sorting will
continue indefinitely.
(4)
Successful applicants and a list of alternates shall be determined by drawing
within 20 business days following the application deadline date. If the drawing
is delayed due to circumstances beyond the department's control, the department
shall conduct the drawing at the earliest date possible.
(5) Alternates shall be selected using a
Preference Point Drawing.
(6)
Successful applicants will be notified as soon as practical. Successful
applicants shall submit the fee for a Sea Urchin Diving Permit, as specified in
Fish and Game Code Section
9055 to
the department's License and Revenue Branch by 5:00 p.m. on or before or, if
mailed, postmarked no later than May 15 each year. If the deadline to submit
the fee falls on a weekend or holiday payment will be accepted until the close
of business on the first state business day following the deadline to submit
payment.
(7) Should the available
permit quota remain unfilled after that date, the alternate list shall be used
to award any available permits.
(8)
An applicant shall earn one (1) preference point each time the applicant
participates in a drawing for sea urchin diving permit.
(9) Successful applicants or alternates that
are issued a sea urchin diving permit shall lose all accumulated preference
points for the drawing.
(10)
Preference points shall not be transferred to another person.
(11) The department shall maintain records of
preference points earned by each applicant based on the identification number
assigned to each customer by the department's Automated License Data System.
The customer's identification number, Get Outdoors ID (GO ID) will be printed
on each drawing receipt issued by the Automated License Data System. Applicants
shall notify the department's License and Revenue Branch in Sacramento in
writing of any changes or corrections regarding name, mailing address, or date
of birth.
(12) Persons not applying
in the sea urchin diving permit drawing for five (5) consecutive years starting
in 2018 shall have their preference points for the sea urchin drawing reduced
to zero (0). For the purposes of this subsection, persons whose applications
are disqualified from drawing shall be considered the same as persons not
applying.
(13) Eligible commercial
fisherman that applied in the sea urchin diving permit drawing from 2006-2017
and were not awarded a sea urchin diving permit in any of these years shall be
assigned one preference point for each year they applied in these
drawings.
(g) Fee. The
applicant for a sea urchin crewmember permit shall submit the fees and the
completed application, as specified in Section
705, to the address listed on the
application.
(h) Renewal Appeals.
Late renewal appeal provisions are specified in Fish and Game Code Section
7852.2.
(i) Vessel Identification. When sea urchins
are taken under these regulations, the vessel's commercial registration number
shall be displayed on both sides of the boat. The number shall be black, at
least 10 inches high, and on a white background. All permittees aboard the boat
shall be mutually responsible for the proper display of the vessel's commercial
registration number.
(j) Conditions
of the Permit:
(1) No person shall take or
possess lobsters or abalone aboard any boat used to take sea urchins under
these regulations on any day that sea urchins have been taken or are to be
taken.
(2) Hydraulic lifts and air
lifts shall be used only in such a manner that no rocks or other mineral
matter, aquatic plants, fish or other aquatic life except sea urchins, shall be
removed from the bottom or otherwise disturbed.
(k) Revocation of Permits. Any permit may be
suspended, revoked, or canceled by the commission upon breach or violation of
any fish and game regulation pertaining to the take of sea urchins or abalone;
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.
(l) Exemption from Tidal
Invertebrate Permit. A sea urchin diver or sea urchin crewmember operating
under the provisions of this section is not required to possess a Tidal
Invertebrate Permit, but is subject to the provisions of Section
123.
(m) Logbooks. Pursuant to Section
190 of these regulations, each
permittee shall complete and submit an accurate record of all sea urchin
fishing activities on a form Commercial Dive Fishing Log (DFW 120.7 (REV.
12/08/17)), incorporated herein by reference, provided by the department. The
completed daily records shall be sent to the department address specified on
the logbook on or before the tenth day of each month following the month to
which the records pertain.
(n)
Fishing Season.
(1) Red sea urchin shall not
be taken for commercial purposes on Friday, Saturday, and Sunday north of the
Monterey-San Luis Obispo county line from June 1 through October 31.
(2) Red sea urchin shall not be taken for
commercial purposes on Saturday and Sunday south of the Monterey-San Luis
Obispo county line from June 1 through October 31.
(3) During any closed period, no red sea
urchins may be possessed on any commercially registered vessel, except that any
commercially registered vessel may transport red sea urchins after any closure
goes into effect, provided that the vessel is in port no later than 0800 hours
on the first day of the closed period.
(o) Closed Areas.
(1) Sea urchins shall not be taken for
commercial purposes in state marine reserves or state marine parks. Specific
regulations in state marine conservation areas may prohibit the commercial take
of sea urchins as per subsection
632(b).
(2) The South Caspar Point area in Mendocino
County is closed to all commercial fishing for sea urchins. This area is
bounded on the north by a line extending 90° magnetic from sea to the mouth
of Caspar Creek (north bank) in Caspar Cove, on the south by the northern
boundary of the Point Cabrillo State Marine Conservation Area and its westward
extension to the 120-foot depth contour, on the west by 120-foot depth contour
line connecting the north and south boundary lines, and on the East by the
mainland shore. The Point Cabrillo State Marine Conservation Area remains
closed to the take of all forms of marine life except as permitted in
subsection
632(b).
(p) Size Limit.
(1) In southern California (south of the
Monterey-San Luis Obispo county line) no more than thirty (30) red sea urchins
between one and one-half (1 1/2) and three and one-quarter (3 1/4) inches in
shell diameter, not including the spines or any portion of their
ball-and-socket attachment to the shell, per permittee per load, may be taken,
possessed, sold or purchased.
(2)
In northern California (north of the Monterey-San Luis Obispo county line) no
more than thirty (30) red sea urchins between one and one-half (1 1/2) and
three and one-half (3 1/2) inches in shell diameter, not including the spines
or any portion of their ball-and-socket attachment to the shell, per permittee
per load, may be taken, possessed, sold or purchased.
(3) Every sea urchin permittee shall carry
and use an accurate measuring device, to determine the size of red sea urchins
being taken as specified herein, while diving for sea urchins for commercial
purposes.
(q)
Authorization of an Assistant for a Sea Urchin Diver Permittee.
(1) The holder of a sea urchin diving permit
may designate a licensed commercial fisherman as a sea urchin diver assistant
upon written approval from the department, provided that:
(A) The sea urchin diving permit has not been
suspended or revoked;
(B) The
permittee has become physically unable to dive due to a severe unforeseen or
catastrophic long-term (expected to be for one year or longer) or permanent
injury or disease; and,
(C) The
injury or disease occurred after entering the sea urchin
fishery.
(2) The
department may authorize, in writing, the particular licensed commercial
fisherman to be designated by the permittee as a sea urchin diver assistant,
providing the following conditions have been met:
(A) The permittee provides documentation
within 90 days of the request to the department from a qualified physician that
the permittee suffers from a disease or injury and it will prevent the
permittee from diving. Such conditions shall not include short or long-term
common illnesses, conditions caused or primarily exacerbated by aging, or any
other condition which appears to be marginal or common, such as routine back or
neck problems;
(B) The permittee
has no violations or pending violations for which his or her permit could be
revoked; and,
(C) The proposed sea
urchin diver assistant has a valid California commercial fishing license and
has not had any California commercial fishing license or permit suspended or
revoked; has never been convicted, and no charges are pending for a violation
of any provision of the Fish and Game Code or Title 14, California Code of
Regulations.
(3) Special
Provisions:
(A) The authorized sea urchin
diver assistant may take or assist in the taking of sea urchin only when in the
company of the permittee and only for the duration of the permit year in which
the authorization is issued.
(B)
The permittee shall have no authority to, and shall not dive for sea urchin
while a valid letter authorizing the permittee to designate an assistant
exists, regardless of whether or not the assistant is actively
diving.
(C) The authorized sea
urchin diver assistant shall have no right to ownership or transfer of the
permit beyond that which is otherwise provided by law.
(D) The sea urchin diving permit, in addition
to the sea urchin diver assistant authority shall be subject to revocation,
suspension or other actions provided in law or regulation, upon violations
committed by the sea urchin diver assistant, when acting under the authority of
a sea urchin diver assistant. The assistant shall take no actions authorized
pursuant to a sea urchin diver permit without the consent of the
permittee.
(E) The department shall
review the authority authorized pursuant to this section at least once every
year and may withdraw the authority if any of the conditions are not
met.
(4) Fee Requirement.
Any person authorized as a sea urchin diver assistant pursuant to this
subsection shall annually pay a fee to the department equal to the amount
required of permittees pursuant to Fish and Game Code Section
9055.
(5) Required Possession of Department
Authorization. The sea urchin diver assistant shall carry the department's
letter of authority whenever conducting activities authorized pursuant to the
subsection.
1. New
section filed 1-16-74 as an emergency; effective upon filing (Register 74, No.
3).
2. Certificate of Compliance filed 3-12-74 (Register 74, No.
11).
3. Amendment of subsection (c) filed 10-7-74; effective
thirtieth day thereafter (Register 74, No. 41).
4. New subsection
(f) filed 3-15-77 as an emergency; effective upon filing (Register 77, No.
12).
5. Certificate of Compliance filed 6-9-77 (Register 77, No.
24).
6. Editorial correction of subsection (f) filed 12-29-82
(Register 83, No. 1).
7. Repealer of subsection (f) filed 9-15-83;
effective thirtieth day thereafter (Register 83, No. 38).
8.
Repealer and new section filed 7-8-85; effective thirtieth day thereafter
(Register 85, No. 28).
9. New subsection (a)(4) filed 7-27-87 as an
emergency; operative 7-27-87 (Register 87, No. 31). A Certificate of Compliance
must be transmitted to OAL within 120 days or emergency language will be
repealed on 11-24-87.
10. Certificate of Compliance filed 10-22-87
(Register 87, No. 43).
11. Amendment of subsection (d) and new
subsections (i)-(k) filed 10-22-87; operative 11-21-87 (Register 87, No.
43).
12. Amendment filed 2-6-89; operative 3-8-89 (Register 89, No.
8).
13. Amendment of subsection (n) filed 12-8-89; operative 1-1-90
(Register 89, No. 50).
14. Amendment of subsections (b), (c), (d),
(e), (g), (m), (o) and (p) filed 5-8-90; operative 6-7-90 (Register 90, No.
24).
15. Amendment of subsections (m)(1)-(3) and renumbering,
(p)(1)-(2) and new subsection (p)(4) filed 7-7-92; operative 8-6-92 (Register
92, No. 28).
16. New subsections (q)-(q)(6) filed 7-8-93; operative
7-8-93 pursuant to Government Code section
11346.2(d)
(Register 93, No. 28).
17. Amendment of section and NOTE filed
3-30-94; operative 3-30-94 (Register 94, No. 13).
18. Amendment of
section and NOTE filed 8-6-98; operative 8-6-98 pursuant to Government Code
section
11343.4(d)
(Register 98, No. 32).
19. Amendment filed 9-2-2003; operative
10-2-2003 (Register 2003, No. 36).
20. Redesignation and amendment
of portion of subsection (a) as new subsection (a)(1) and new subsection (a)(2)
filed 10-6-2003; operative 11-5-2003 (Register 2003, No. 41).
21.
New subsection (n)(1), subsection renumbering, amendment of newly designated
subsections (n)(2)-(3) and amendment of subsection (o)(4) filed 3-8-2005;
operative 4-7-2005 (Register 2005, No. 10).
22. Amendment of
subsections (c)-(c)(2) and (e)(1)-(2), repealer and new subsection (g),
amendment of subsections (l)(1)-(2), repealer of subsections (l)(3)-(4),
subsection renumbering and amendment of subsection (m) filed 6-30-2008;
operative 6-30-2008 pursuant to Government Code section
11343.4
(Register 2008, No. 27).
23. Amendment of subsections (e)(1) and (f)
and amendment of NOTE filed 10-5-2010; operative 11-4-2010 (Register 2010, No.
41).
24. Amendment of subsections (d)(2) and (m) filed 6-16-2016;
operative 6-16-2016 pursuant to Government Code section
11343.4(b)(3)
(Register 2016, No. 25).
25. Editorial correction of HISTORY 24
indicating that amendments are effective upon filing (Register 2016, No.
26).
26. Amendment filed 3-2-2018; operative 3-2-2018 pursuant to
Government Code section
11343.4(b)(3)
(Register 2018, No. 9).
27. Change without regulatory effect
amending subsection (m) filed 11-15-2018 pursuant to section
100, title 1, California Code of
Regulations (Register 2018, No. 46).
Note: Authority cited: Sections
713,
1050,
9054
and
9055,
Fish and Game Code. Reference: Sections
713,
1050,
7850,
7852.2,
7857,
9054
and
9055,
Fish and Game Code.
