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 132.5 - Appeal of Dungeness Crab Trap and Buoy Tag Allocations and Deadlines

(A) An appeal to revise upward a Dungeness crab trap and buoy tag allocation shall be submitted to the department in the form of a notarized letter, and shall include the nonrefundable filing fee of $3,044.00. The appeal shall include a statement from the permitholder that identifies the tier to which the permitholder wants to be transferred and that the permitholder's decision is permanent and shall not be revoked or canceled. The appeal shall include evidence to document the circumstances for appeal, including evidence that a permit's California landings during the period between November 15, 2003, and July 15, 2008, inclusive, were reduced as a result of unusual circumstances and that these circumstances constitute an unfair hardship, taking into account the overall California landings history as indicated by landing receipts associated with the permit. Within 12 months of the postmarked date on a request for an appeal the department shall submit a written request to the Office of Administrative Hearings (OAH) to set a hearing. A party may request judicial review by filing a petition for writ of mandate in accordance with Section 1094.5 of the Code of Civil Procedure within 30 days from the date of service (postmark) of the decision.

(B) An appeal to revise downward a Dungeness crab trap and buoy tag allocation shall be submitted to the department in the form of a notarized letter and shall include the nonrefundable filing fee of $250.00. The appeal shall include a statement from the permitholder that identifies the tier to which the permitholder wants to be transferred and that the permitholder's decision is permanent and shall not be revoked or canceled. An appeal to revise downward shall be decided by the department within 12 months of the postmarked date on a request for an appeal to revise downward.

(C) Any Dungeness crab permitholder requesting an appeal may apply to the administrative law judge for a waiver of the appeal fees. In making the determination, the administrative law judge may only consider medical hardship or military service occurring during the tier qualifying window period of November 15, 2003, through July 15, 2008.