Current through Register 2024 Notice Reg. No. 52, December 27, 2024
(a) Classes of Spiny Lobster Permits.
(1) There is a transferable lobster operator
permit, a non-transferable lobster operator permit and a lobster crewmember
permit.
(2) Under operator permits
issued by the department, licensed commercial fishermen may take spiny lobsters
for commercial purposes, but only with traps used pursuant to Fish and Game
Code Section
9010,
except that such traps shall only be used in Districts 18, 19, 20A, and that
part of District 20 southerly of Santa Catalina Island between Church Rock and
China Point. No other method of take is authorized for the commercial harvest
of spiny lobsters.
(3) Any licensed
commercial fisherman who does not possess a valid transferable or
non-transferable lobster operator permit may purchase a lobster crewmember
permit, authorizing him/her to accompany a lobster operator permit holder and
to assist the lobster operator permit holder in the commercial take of spiny
lobster.
(4) Exemption from Tidal
Invertebrate Permit. A lobster operator permit holder or a lobster crewmember
permit holder operating under the provisions of a lobster operator permit is
not required to possess a Tidal Invertebrate Permit, but is subject to Section
123 of these
regulations.
(b) Permit
Renewal.
(1) Each lobster operator permit
shall be issued annually and shall be valid for the commercial lobster season.
Each operator and crewmember permittee shall have his/her permit in possession
when taking lobsters.
(2)
Applicants for renewal of a lobster operator permit shall be eligible to renew
a lobster operator permit of the same classification, if they have held a valid
lobster operator permit that has not been suspended or revoked, in the
immediately preceding permit year.
(3) No more than 2 lobster operator permits
shall be issued to a licensed commercial fisherman.
(4) Procedures and Deadline for Permit
Renewal. Applications for renewal of transferable and non-transferable lobster
operator permits must be received by the department or, if mailed, postmarked
no later than April 30 of each year. Late fees, late fee deadlines, and late
renewal appeal provisions are specified in Fish and Game Code Section
7852.2.
Any person denied a permit under this Section may submit a written request for
an appeal to the commission to show cause why his/her permit request should not
be denied. Such request must be received by the commission within 60 days of
the department's denial.
(c) Permit Transfers, Procedures, and
Timelines.
(1) Except as provided in this
Section, a permit shall not be assigned or transferred, and any right or
privilege granted thereunder is subject to revocation, without notice, by the
commission, at any time.
(2) A
person with a valid transferable lobster operator permit that has not been
suspended or revoked may transfer his/her permit to another person licensed as
a California commercial fisherman. The permit holder or the estate of the
deceased permit holder shall submit the notarized transfer application and the
nonrefundable permit-transfer fee specified in Section
705 for each permit transfer. The
transfer shall take effect on the date written notice of approval of the
application is given to the transferee by the department. The permit holder
shall transfer all department-issued trap tags to the transferee after the
permit transfer has been approved by the department. The lobster operator
permit shall be valid for the remainder of the permit year and may be renewed
in subsequent years pursuant to this Section.
(A) If a transferable lobster operator permit
is transferred to a person with a valid transferable lobster operator permit
and non-transferable lobster operator permit, the non-transferable lobster
operator permit shall become null and void and the permit and trap tags shall
be immediately surrendered to the department's License and Revenue
Branch.
(3) An
application for a transfer of a lobster operator permit shall be deferred when
the current permit holder is awaiting final resolution of any pending criminal,
civil and/or administrative action that could affect the status of the
permit.
(4) Upon the death of a
person with a valid transferable lobster operator permit, that person's estate
shall immediately, temporarily relinquish the permit to the department's
License and Revenue Branch. Trap tags shall also be temporarily relinquished to
the department's License and Revenue Branch. The estate may renew the permit as
provided for in this Section if needed to keep the permit valid. The estate may
transfer the permit pursuant to this Section no later than 2 years from the
date of death of the permit holder as listed on the death
certificate.
(5) Upon the death of
a person with a valid non-transferable lobster operator permit, the permit
shall be null and void and the estate shall immediately surrender the permit
and trap tags to the department's License and Revenue Branch.
(6) Any applicant who is denied transfer of a
transferable lobster operator permit may submit a written request for an appeal
to the commission within 60 days of the date of the department's
denial.
(d) Restricted
Fishing Areas.
(1) No lobster trap used under
the authority of this permit shall be used within 750 feet of any
publicly-owned pier, wharf, jetty or breakwater; however, such traps may be
used to within 75 feet of any privately-owned pier, wharf, jetty or
breakwater.
(2) No lobster traps
shall be set or operated within 250 feet of the following specified navigation
channels.
(A) Newport Bay Harbor entrance:
This area is bounded by straight lines connecting the following points in the
order listed:
33° 35.316' N. lat. 117° 52.744' W. long.;
33° 34.365' N. lat. 117° 52.374' W. long.;
33° 34.412' N. lat. 117° 52.294' W. long.;
33° 35.368' N. lat. 117° 52.658' W. long.;
and
33° 35.316' N. lat. 117° 52.744' W. long.
(B) Dana Point Harbor entrance:
This area is bounded by straight lines connecting the following points in the
order listed:
33° 27.262' N. lat. 117° 41.492' W. long.;
33° 26.511' N. lat. 117° 42.061' W. long.;
33° 26.477' N. lat. 117° 41.850' W. long.;
33° 27.201' N. lat. 117° 41.286' W. long.;
33° 27.409' N. lat. 117° 41.522' W. long.;
and
33° 27.262' N. lat. 117° 41.492' W. long.
(C) Oceanside Harbor entrance:
This area is bounded by straight lines connecting the following points in the
order listed:
33° 12.344' N. lat. 117° 24.166' W. long.;
33° 12.332' N. lat. 117° 24.164' W. long.;
33° 11.775' N. lat. 117° 25.155' W. long.;
33° 11.659' N. lat. 117° 24.928' W. long.;
33° 12.233' N. lat. 117° 24.047' W. long.;
33° 12.362' N. lat. 117° 23.975' W. long.;
and
33° 12.344' N. lat. 117° 24.166' W. long.
(e) Records.
Pursuant to Section
190, any person who owns and/or
operates any vessel used to take lobsters for commercial purposes shall keep
and submit a complete and accurate record of all lobster fishing activities on
a form (Daily Lobster Log, DFW 122 (REV. 03/2024), incorporated herein by
reference) provided by the department.
(f) The person required to submit logs
pursuant to Section
190 of these regulations shall
have complied with said regulations during the immediate past license year, or
during the last year such person held a permit, in order to be eligible for a
successive year annual permit.
(g)
All lobster operator permit holders fishing jointly on one vessel shall both be
liable for any violation incurred by any of the lobster operator permit holders
or crew-member permit holders fishing from that vessel.
(h) No SCUBA or other underwater breathing
apparatus equipment shall be used to take lobster, except that this equipment
may be used to locate and secure traps for retrieval. Lobsters contained in a
trap that has been secured using SCUBA, or any other underwater breathing
apparatus equipment, may be possessed after the trap has been serviced aboard
the vessel only if the secured trap(s) has not exceeded the trap service
interval requirement as specified in subsection
122.2(d) of these
regulations.
Note: Authority cited: Sections
1050, 7075, 7078, 8254 and 8259,
Fish and Game Code. Reference: Sections
1050, 2365, 7050, 7055, 7056,
7071, 7852.2, 8026, 8043, 8046, 8250, 8250.5, 8254, 9002, 9005, 9006 and 9010,
Fish and Game Code.
Note: Authority cited: Sections
1050,
7075,
7078,
8254
and
8259,
Fish and Game Code. Reference: Sections
1050,
2365,
7050,
7055,
7056,
7071,
7852.2,
8026,
8043,
8046,
8250,
8250.5,
8254,
9002,
9005,
9006
and
9010,
Fish and Game Code.
