Current through Register 2024 Notice Reg. No. 38, September 20, 2024
(a) Nearshore Fishery Permits issued pursuant
to Fish and Game Code Section
8587,
are valid only in the regional management area specified in the
permit.
(b) The department shall
issue a Nearshore Fishery Permit for a regional management area described in
Section 52.04 to each nearshore fishery
permittee who meets the regional qualifying criteria below. A person will
receive only one Nearshore Fishery Permit for use in only one regional
management area and cannot hold a valid permit for more than one regional
management area. A person meeting the qualifications for more than one regional
management area must make a permanent, irrevocable decision prior to obtaining
a Nearshore Fishery Permit for the 2003-2004 permit year to fish in one
regional management area. The permit shall not be changed to another regional
management area under any circumstances.
(c) Nearshore Fish Stocks Used for Landings
Qualification. The following names or market categories and their associated
codes as recorded on department fish landing receipts pursuant to Fish and Game
Code Section
8043
will be used to determine eligibility: black-and-yellow rockfish (251), cabezon
(261), California scorpionfish (260), California sheephead (145), China
rockfish (258), gopher rockfish (263), grass rockfish (652), greenlings of the
genus Hexagrammos (290), kelp rockfish (659), group nearshore
rockfish (973) and group gopher rockfish (962).
(d) Initial Permit Issuance.
(1) North Coast Region. The person has a
valid 2002-2003 Nearshore Fishery Permit that has not been suspended or
revoked, and has landed nearshore fish stocks as described in Section
150.01, Title 14, CCR, from
January 1, 1994 to December 31, 1999, as documented by department fish landing
receipts submitted in his name and commercial fishing license identification
number pursuant to Fish and Game Code Section
8046,
and satisfies the landings and participation requirements below:
(A) has made at least one landing of
nearshore fish stocks as described in Section
150.01, Title 14, CCR, between
January 1, 1994 and December 31, 1999, and
(B) has made at least one landing of
nearshore fish stocks as described in Section
150.01, Title 14, CCR, in either
the 2000 or 2001 calendar year.
(C)
landings of nearshore fish stocks used to qualify must have been made at ports
located within the North Coast Region as defined in Section
52.04, Title 14, CCR.
(D) Nearshore Fishery Permits issued pursuant
to subsection (d)(1) are designated North Coast Region Nearshore Fishery
Permits, are transferable, and authorize the holder to take, possess aboard a
vessel, or land nearshore fish stocks as described in Section
150.01, Title 14, CCR, in the
North Coast Region only.
(2) North-Central Coast Region. The person
has landed nearshore fish stocks as described in Section
150.01, Title 14, CCR, from
January 1, 1994 to December 31, 1999, as documented by department fish landing
receipts submitted in his name and commercial fishing license identification
number pursuant to Fish and Game Code Section
8046,
and has a valid 2002-2003 Nearshore Fishery Permit that has not been suspended
or revoked, and satisfies the landing and participation requirements below:
(A) has landed at least 500 pounds of
nearshore fish stocks as described in Section
150.01, Title 14, CCR, in each of
3 calendar years during the period 1994 to 1999, inclusive.
(B) has made at least one landing of
nearshore fish stocks as described in Section
150.01, Title 14, CCR, in either
the 2000 or 2001 calendar year.
(C)
landings of nearshore fish stocks used to qualify must have been made at ports
located within the North-Central Coast Region as defined in Section
52.04,Title 14, CCR.
(D) Nearshore Fishery Permits issued pursuant
to subsection (d)(2) are designated North-Central Coast Region Nearshore
Fishery Permits, are transferable, and authorize the holder to take, possess
aboard a vessel, or land nearshore fish stocks as described in Section
150.01, Title 14, CCR, in the
North-Central Coast Region only.
(3) South-Central Coast Region. The person
has landed nearshore fish stocks as described in Section
150.01, Title 14, CCR, from
January 1, 1994 to December 31, 1999, as documented by department fish landing
receipts submitted in his name and commercial fishing license identification
number pursuant to Fish and Game Code Section
8046,
and has a valid 2002-03 Nearshore Fishery Permit that has not been suspended or
revoked, and satisfies the landing and participation requirements below:
(A) has landed at least 500 pounds of
nearshore fish stocks as described in Section
150.01, Title 14, CCR, in each of
3 calendar years during the period 1994 to 1999, inclusive, and which sold for
a minimum average ex-vessel price per pound of $2.00 for landings of nearshore
fish stocks landed during the most current three calendar years with landings
of nearshore fish stocks during the period 1994 to 1999, inclusive.
(B) has made at least one landing of
nearshore fish stocks as described in Section
150.01, Title 14, CCR, in either
the 2000 or 2001 calendar year.
(C)
landings of nearshore fish stocks used to qualify must have been made at ports
located within the South-Central Coast Region.
(D) Nearshore Fishery Permits issued pursuant
to subsection (d)(3) are designated South-Central Coast Region Nearshore
Fishery Permits, are transferable, and authorize the holder to take, possess
aboard a vessel, or land nearshore fish stocks as described in Section
150.01, Title 14, CCR, in the
South-Central Coast Region only.
(4) South Coast Region. The person has landed
nearshore fish stocks as described in Section
150.01, Title 14, CCR, from
January 1, 1994 to December 31, 1999, as documented by department fish landing
receipts submitted in his name and commercial fishing license identification
number pursuant to Fish and Game Code Section
8046,
and has a valid 2002-2003 Nearshore Fishery Permit that has not been suspended
or revoked, and satisfies the landing and participation requirements below:
(A) has landed at least 500 pounds of
nearshore fish stocks as described in Section
150.01, Title 14, CCR, in each of
3 calendar years during the period 1994 to 1999, inclusive, and which sold for
a minimum average ex-vessel price per pound of $2.00 for landings of nearshore
fish stocks landed during the most current three calendar years with landings
of nearshore fish stocks during the period 1994 to 1999, inclusive.
(B) has made at least one landing of
nearshore fish stocks as described in Section
150.01, Title 14, CCR, in either
the 2000 or 2001 calendar year.
(C)
landings of nearshore fish stocks used to qualify must have been made at ports
located within the South Coast Region as defined in Section
52.04, Title 14, CCR.
(D) Nearshore Fishery Permits issued pursuant
to subsection (d)(4) are designated South Coast Region Nearshore Fishery
Permits, are transferable, and authorize the holder to take, possess aboard a
vessel, or land nearshore fish stocks as described in Section
150.01, Title 14, CCR, in the
South Coast Region only.
(e) Initial Qualification for 20-year
California Commercial Fishermen. During the initial year of the nearshore
restricted access program, any person who has been licensed as a California
commercial fisherman for at least 20 years at the time of application, and who
does not qualify for a permit in (d)(1), (2), (3), or (4) above, and who has
participated in the commercial nearshore fishery for at least one of those
years as documented by department fish landing receipts submitted in his name
and commercial fishing license identification number pursuant to Fish and Game
Code Section
8046,
upon application shall be issued a Non-Transferable Nearshore Fishery Permit
for one regional management area, based on the following minimum landing
requirements in subsection (e)(1), (2), (3), or (4) below:
(1) landed at least 200 pounds of nearshore
fish stocks as described in Section
150.01 in any one calendar year
between January 1, 1994 and December 31, 1999.
(A) landings used to qualify must have been
made at ports located within the North Coast Region as defined in Section
52.04.
(B) Nearshore Fishery Permits issued pursuant
to subsection (e)(1) are designated Non-Transferable North Coast Nearshore
Fishery Permits and authorize the holder to take, possess aboard a vessel, or
land nearshore fish stocks as described in Section
150.01 in the North Coast Region
only.
(2) landed at least
650 pounds of nearshore fish stocks as described in Section
150.01 in any one calendar year
between January 1, 1994 and December 31, 1999.
(A) landings used to qualify must have been
made at ports located within the North-Central Coast Region as defined in
Section 52.04.
(B) Nearshore Fishery Permits issued pursuant
to subsection (e)(2) are designated Non-Transferable North-Central Coast
Nearshore Fishery Permits and authorize the holder to take, possess aboard a
vessel, or land nearshore fish stocks as described in Section
150.01 in the North-Central Coast
Region only.
(3) landed
at least 1,050 pounds of nearshore fish stocks as described in Section
150.01 in any one calendar year
between January 1, 1994 and December 31, 1999.
(A) landings used to qualify must have been
made at ports located within the South-Central Coast Region as defined in
Section 52.04.
(B) Nearshore Fishery Permits issued pursuant
to subsection (e)(3) are designated Non-Transferable South-Central Coast
Nearshore Fishery Permits and authorize the holder to take, possess aboard a
vessel, or land nearshore fish stocks as described in Section
150.01 in the South-Central Coast
Region only.
(4) landed
at least 800 pounds of nearshore fish stocks as described in Section
150.01 in any one calendar year
between January 1, 1994 and December 31, 1999.
(A) landings used to qualify must have been
made at ports located within the South Coast Region as defined in Section
52.04.
(B) Nearshore Fishery Permits issued pursuant
to subsection (e)(4) are designated Non-Transferable South Coast Nearshore
Fishery Permits and authorize the holder to take, possess aboard a vessel, or
land nearshore fish stocks as described in Section
150.01 in the South Coast Region
only.
(f)
Capacity Goal. The capacity goal for each nearshore regional management area is
as follows: 14 North Coast Region Nearshore Fishery Permits, 9 North-Central
Coast Region Nearshore Fishery Permits, 20 South-Central Coast Region Nearshore
Fishery Permits, and 18 South Coast Region Nearshore Fishery Permits. The
capacity goal for Non-Transferable Nearshore Fishery Permits is zero.
(g) Permit Transfers, Procedures and
Timelines.
(1) Pursuant to Fish and Game Code
Section
8587.1(b),
Fish and Game Code Section
7857(j)
is made inoperative as applied to the commercial nearshore fishery.
(2) A person with a valid transferable
nearshore fishery permit that has not been suspended or revoked may transfer
his/her permit to a licensed California commercial fisherman. The permit shall
be transferred for use in the same regional management area listed on the
permit.
(3) Upon the death of a
person with a valid transferable nearshore fishery permit, that person's estate
shall immediately, temporarily relinquish the permit 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 of the decedent may
transfer the permit pursuant to this section no later than two (2) years from
the date of death of the permit holder as listed on the death
certificate.
(4) 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 on the written notice of approval of the
application given to the transferee by the department. The nearshore fishery
permit shall be valid for the remainder of the permit year and may be renewed
in subsequent years pursuant to this section.
(5) An application for a transfer of a
nearshore fishery 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.
(6) If a transferable nearshore fishery
permit is transferred to a person with a valid non-transferable nearshore
fishery permit, the non-transferable nearshore fishery permit shall become null
and void and the permit shall be immediately surrendered to the department's
License and Revenue Branch.
(7)
Upon the death of a person with a valid non-transferable nearshore fishery
permit, the permit shall become null and void and the estate shall immediately
surrender the permit to the department's License and Revenue
Branch.
(h) Application
Deadline for Initial Issuance of Nearshore Fishery Permit. All applications (FG
1326(1/03), incorporated herein by reference) and permit fees for initial
issuance of Nearshore Fishery Permits under the restricted access program must
be received by the department, or, if mailed, be postmarked on or before June
30, 2003. Applications and permit fees for initial issuance of Nearshore
Fishery Permits under the restricted access program received by the department,
or, if mailed, postmarked from July 1 through July 31, 2003 will be assessed a
$50 late fee. Applications and permit fees for the initial issuance of
Nearshore Fishery Permits under the restricted access program postmarked or
received after July 31, 2003 shall be returned to the applicant
unissued.
(i) Nearshore Fishery
Permit Renewal Requirements. Notwithstanding Fish and Game Code Section
8587,
after April 1, 2004, Nearshore Fishery Permits for a regional management area
will be issued annually by the department only to those persons who have held a
valid Nearshore Fishery Permit for that regional management area in the
immediately preceding permit year.
(j) Application Deadline for Nearshore
Fishery Permit Renewal. All applications as specified in Section
705 and permit fees for renewal of
Nearshore Fishery Permits must be received by the department, or, if mailed,
postmarked on or before April 30 of each permit year. Late fees, late fee
deadlines, and late renewal appeal provisions are specified in Fish and Game
Code Section
7852.2.
(k) Presence of Permit Holder on Vessel. At
least one Nearshore Fishery Permit holder shall be on board at all times when
taking, possessing aboard a boat, or landing nearshore fish stocks as described
in Section
150.01, Title 14, CCR. If a
support vessel is used, a permit holder shall be on each vessel when taking
nearshore fish stocks.
(l) Gear
Authorized for Use. Only dip nets (as defined in Section
1.42, Title 14, CCR),
hook-and-line gear consistent with restrictions of Section
150.17, Title 14, CCR, and gear
authorized for use under a gear endorsement issued pursuant to Section
150.03, Title 14, CCR, shall be
used to take, possess aboard a vessel, or land nearshore fish stocks as
described in Section
150.01, Title 14, CCR.
(m) Appeals.
(1) Any applicant who is denied initial
issuance of a Nearshore Fishery Permit for any reason may appeal to the
department in writing describing the basis for the appeal. The appeal shall be
received or, if mailed, postmarked, no later than March 31, 2004. 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 denial.
(2) Renewal
Appeals. Late renewal appeal provisions are specified in Fish and Game Code
Section
7852.2.
(3) Any person who is denied transfer of a
transferable nearshore fishery permit may submit a written request for an
appeal to the commission within 60 calendar days of the date of the
department's denial.
(n)
Fees. Notwithstanding Fish and Game Code Section
8587,
the fees for a Nearshore Fishery Permit under the restricted access program
shall be as follows:
(1) The department shall
charge an annual fee for each transferable Nearshore Fishery Permit as
specified in Section
705.
(2) The department shall charge an annual fee
for each Non-Transferable Nearshore Fishery Permit as specified in Section
705.
(3) The department shall charge a
non-refundable fee for each permit transfer as specified in Section
705.
(o) Revocation of Permits. Any permit may be
suspended, revoked, or cancelled by the commission upon conviction of a
violation of any provision of these regulations or Fish and Game Code
pertaining to the commercial take of nearshore fish stocks as described in
Section 150.01, Title 14, CCR, or
violation of the terms or conditions of the permit by the holder thereof, his
agents, servants, employees or those acting under his direction and
control.
1. New
section filed 10-13-2000; operative 10-13-2000 pursuant to Fish and Game Code
section
215
(Register 2000, No. 41).
2. Amendment of subsection (a) and new
subsection (b)(1) filed 3-14-2002; operative 3-14-2002 pursuant to Government
Code section
11343.4
(Register 2002, No. 11).
3. Amendment of section heading, repealer
and new section and amendment of NOTE filed 3-10-2003; operative 3-10-2003
pursuant to Government Code Section
11343.4
(Register 2003, No. 11).
4. Amendment filed 3-29-2004; operative
3-29-2004 pursuant to Government Code section
11343.4
(Register 2004, No. 14).
5. Amendment of subsection (l) filed
3-14-2005; operative 4-13-2005 (Register 2005, No. 11).
6. Change
without regulatory effect amending subsections (j) and (n)(1)-(3) and amending
NOTE filed 5-10-2005 pursuant to section
100, title 1, California Code of
Regulations (Register 2005, No. 19).
7. Change without regulatory
effect amending subsections (j) and (n)(1)-(2) filed 12-19-2006 pursuant to
section 100, title 1, California Code of
Regulations (Register 2006, No. 51).
8. Amendment of subsection (j),
repealer and new subsection (m)(2) and amendment of NOTE filed 7-8-2008;
operative 7-8-2008 pursuant to Government Code section
11343.4
(Register 2008, No. 28).
9. Amendment of subsections (j) and
(n)(1)-(3) and amendment of NOTE filed 10-5-2010; operative 11-4-2010 (Register
2010, No. 41).
10. Amendment of subsections (b) and
(e)(1)-(e)(4)(B), repealer of subsection (e)(5), amendment of subsection (g),
repealer of subsections (g)(1)-(5), new subsections (g)(1)-(7), amendment of
subsections (m)(3) and (n)(3) and amendment of NOTE filed 2-27-2018; operative
4-1-2018 (Register 2018, No. 9).
Note: Authority cited: Sections
713,
1050,
7071
and
8587.1,
Fish and Game Code. Reference: Sections
713,
1050,
7071,
7850,
7852.2,
7857,
7858,
8043,
8046,
8102,
8587,
8587.1,
8589.5
and
8589.7,
Fish and Game Code.
