Current through Register 2024 Notice Reg. No. 38, September 20, 2024
(a) The following regulations govern the
qualification, issuance and appeals process of a gear endorsement program for
the commercial take of nearshore fish stocks.
(b) Nearshore fish stocks are those listed in
Section 150.01, Title 14, CCR.
(c) Qualifications for Gear Endorsement. A
transferable gear endorsement shall be issued upon application only to a person
who has a valid 2003-2004 transferable Nearshore Fishery Permit, issued
pursuant to Section
150 for a specific regional
management area as defined in Section
52.04. A non-transferable gear
endorsement shall be issued upon application only to a person who has a valid
2003-2004 non-transferable Nearshore Fishery Permit, issued pursuant to Section
150, for a specific regional
management area as defined in Section
52.04. The following qualifying
criteria shall be used to determine eligibility for either a transferable or
non-transferable trap endorsement:
(1) North
Coast Region Trap Endorsement. A trap endorsement allows the permittee to use
trap gear when taking nearshore fish stocks as described in Section
150.01 in addition to gear
authorized under Section
150 (
l). A trap
endorsement shall be attached to the North Coast Region Nearshore Fishery
Permit issued to a person who has satisfied the following requirements:
(A) has a valid 2002-2003 general trap permit
that has not been suspended or revoked, and
(B) has landed at least 1,000 pounds of
nearshore fish stocks as described in Section
150.01 between January 1, 1994 and
October 20, 2000 that were taken with trap gear.
(C) landings of nearshore fish stocks as
described in Section
150.01 used to qualify must have
been made at ports located within the North Coast Region as defined in Section
52.04 as documented by department
landing receipts submitted in his name and commercial fishing license
identification number pursuant to Fish and Game Code Section
8046.
(2) North-Central Coast Region Trap
Endorsement. A trap endorsement allows the permittee to use trap gear when
taking nearshore fish stocks as described in Section
150.01 in addition to gear
authorized under Section
150 (
l). A trap
endorsement shall be attached to the North-Central Coast Region Nearshore
Fishery Permit issued to a person who has satisfied the following requirements:
(A) has a valid 2002-2003 general trap permit
that has not been suspended or revoked, and
(B) has landed at least 1,000 pounds of
nearshore fish stocks as described in Section
150.01 between January 1, 1994 and
October 20, 2000 that were taken with trap gear.
(C) landings of nearshore fish stocks as
described in Section
150.01 used to qualify must have
been made at ports located within the North-Central Coast Region as defined in
Section 52.04 as documented by department
landing receipts submitted in his name and commercial fishing license
identification number pursuant to Fish and Game Code Section
8046.
(3) South-Central Coast Region Trap
Endorsement. A trap endorsement allows the permittee to use trap gear when
taking nearshore fish stocks as described in Section
150.01 in addition to gear
authorized under Section
150 (
l). A trap
endorsement shall be attached to the South-Central Coast Region Nearshore
Fishery Permit issued to a person who has satisfied the requirements of either
(A), or (B) and (C) below:
(A) has a valid
2002-2003 finfish trap permit that has not be suspended or revoked,
or
(B) has a valid 2002-2003
general trap permit that has not been suspended or revoked, and has landed at
least 500 pounds of nearshore fish stocks as described in Section
150.01 in each of 3 calendar years
during the period January 1, 1994 through October 20, 2000 that were taken with
trap gear.
(C) landings of
nearshore fish stocks as described in Section
150.01 used to qualify must have
been made at ports located within the South-Central Coast Region as defined in
Section 52.04 as documented by department
landing receipts submitted in his name and commercial fishing license
identification number pursuant to Fish and Game Code Section
8046.
(4) South Coast Region Trap Endorsement. A
trap endorsement allows the permittee to use trap gear when taking nearshore
fish stocks as described in Section
150.01 in addition to gear
authorized under Section
150 (l). A trap
endorsement shall be attached to the South Coast Region Nearshore Fishery
Permit issued to a person who has a valid 2002-2003 finfish trap permit that
has not been suspended or revoked.
(d) Gear Endorsement 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 gear endorsement that has not been suspended or revoked may
transfer his/her nearshore fishery gear endorsement to a licensed California
commercial fisherman with a valid Nearshore Fishery Permit for the same
regional management area. The nearshore fishery gear endorsement shall be
transferred for use in the same regional management area listed on the
nearshore fishery gear endorsement.
(3) Upon the death of a person with a valid
transferable nearshore fishery gear endorsement, the estate of a person with a
valid transferable nearshore fishery gear endorsement shall immediately,
temporarily relinquish the nearshore fishery gear endorsement to the
department's License and Revenue Branch. The estate may renew the nearshore
fishery gear endorsement as provided for in this section if needed to keep the
nearshore fishery gear endorsement valid. The estate of the decedent may
transfer the nearshore fishery gear endorsement pursuant to this section no
later than two years from the date of death of the nearshore fishery gear
endorsement holder as listed on the death certificate.
(4) The nearshore fishery gear endorsement
holder or the estate of the deceased nearshore fishery gear endorsement holder
shall submit the notarized transfer application and the nonrefundable nearshore
fishery gear endorsement transfer fee specified in Section
705 for each gear endorsement
transfer. The transfer shall take effect on the date of the written notice of
approval of the application given to the transferee by the department. The
nearshore fishery gear endorsement 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 gear endorsement shall be deferred when the
current nearshore fishery gear endorsement holder is awaiting final resolution
of any pending criminal, civil and/or administrative action that could affect
the status of the nearshore fishery gear endorsement.
(6) Upon the death of a person with a valid
non-transferable nearshore fishery gear endorsement, the nearshore fishery gear
endorsement shall become null and void and the estate shall immediately
surrender the nearshore fishery gear endorsement to the department's License
and Revenue Branch.
(e)
Application Deadline for Initial Issuance of Nearshore Fishery Permit Gear
Endorsements. All applications (FG 1327(1/03), incorporated herein by
reference) and permit fees for initial issuance of Nearshore Fishery Permit
gear endorsements 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 Permit
gear endorsements 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 Permit gear endorsements under the restricted access
program postmarked or received after July 31, 2003 shall be returned to the
applicant unissued.
(f) Nearshore
Fishery Permit Gear Endorsement Renewal Requirements. After April 1, 2004,
notwithstanding Fish and Game Code Section
8587,
Nearshore Fishery Permit gear endorsements for a regional management area will
be renewed annually by the department only to a person who has held a valid
Nearshore Fishery Permit gear endorsement for that regional management area in
the immediately preceding permit year.
(g) Application Deadline for Nearshore
Fishery Permit Gear Endorsement Renewal. All applications as specified in
Section 705 and permit fees for renewal of
Nearshore Fishery Permit gear endorsements 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.
(h) Appeals.
(1) Any applicant who is denied initial
issuance of a Nearshore Fishery Permit gear endorsement 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 applicant who is denied transfer of a
transferable nearshore fishery gear endorsement may submit a written request
for an appeal to the commission within 60 calendar days of the date of the
department's denial.
(i)
Fees. Notwithstanding Fish and Game Code Section
8587,
the fees for a Nearshore Fishery Permit gear endorsement under the restricted
access program shall be as follows:
(1) The
department shall charge an annual fee for each Nearshore Fishery Permit gear
endorsement as specified in Section
705.
(2) The department shall charge a
non-refundable fee as specified in Section
705 for each gear endorsement
transfer.
(j) Revocation
of Nearshore Fishery Permit Gear Endorsement. Any Nearshore Fishery Permit gear
endorsement 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.
(k) Notwithstanding Fish
and Game Code Section
9001.5,
a finfish trap permit is not required when taking nearshore fish stocks under
the authority of a Nearshore Fishery Permit and trap endorsement issued
pursuant to sections
150 and
150.03, Title 14, CCR. A general
trap permit, issued pursuant to Fish and Game Code Section
9001,
is required when taking nearshore fish stocks under the authority of a
Nearshore Fishery Permit and trap endorsement issued pursuant to sections
150 and
150.03, Title 14, CCR.
1. New
section filed 6-18-2001; operative 7-18-2001 (Register 2001, No.
25).
2. Amendment of section heading, section and NOTE filed
3-10-2003; operative 3-10-2003 pursuant to Government Code Section
11343.4
(Register 2003, No. 11).
3. Amendment of section and NOTE filed
3-29-2004; operative 3-29-2004 pursuant to Government Code section
11343.4
(Register 2004, No. 14).
4. Change without regulatory effect
pursuant to section
100, title 1, California Code of
Regulations, amending subsections (g), (i)(1)-(i)(2) and NOTE in accordance
with section
713 of
the Fish and Game Code, filed 5-11-2005; operative 6-10-2005 pursuant to the
Commission's instructions (Register 2005, No. 19).
5. Change without
regulatory effect amending subsections (g) and (i)(1)-(2) filed 12-19-2006
pursuant to section
100, title 1, California Code of
Regulations (Register 2006, No. 51).
6. Amendment of subsection (g),
repealer and new subsection (h)(2) and amendment of NOTE filed 7-8-2008;
operative 7-8-2008 pursuant to Government Code section
11343.4
(Register 2008, No. 28).
7. Amendment of subsections (g) and
(i)(1)-(2) filed 10-5-2010; operative 11-4-2010 (Register 2010, No.
41).
8. Amendment of subsections (c)-(c)(1), (c)(1)(B)-(c)(2),
(c)(2)(B)-(c)(3) and (c)(3)(B)-(c)(4), repealer of subsection (c)(5), repealer
and new subsection (d), new subsections (d)(1)-(6) and repealer and new
subsection (h)(3) filed 2-27-2018; operative 4-1-2018 (Register 2018, No.
9).
Note: Authority cited: Sections
713,
1050
and
8587.1,
Fish and Game Code. Reference: Sections
1050,
7852.2,
8046,
8589.5,
8589.7,
9001
and
9001.5,
Fish and Game Code.
