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 159 - Commercial Fishing for Coastal Pelagic Species

Universal Citation: 14 CA Code of Regs 159

Current through Register 2024 Notice Reg. No. 38, September 20, 2024

(a) General provisions. No person shall engage in commercial fishing for coastal pelagic species (CPS) except as provided by the Fish and Game Code and regulations provided herein. Applicable regulations adopted by the U.S. Secretary of Commerce pursuant to the Magnuson Fishery Conservation and Management Act and published in Title 50, Code of Federal Regulations (CFR), Parts 600 and 660 are hereby incorporated and made a part of these regulations. Federal regulations shall be made available upon request from the Department of Fish and Game, Marine Region, 1416 Ninth Street, Box 944209, Sacramento, CA 94244-2090, phone number 916-653-6281.

(b) General Definitions. For purposes of these regulations, the following definitions shall apply:

(1) Actively managed species (AMS). Those CPS for which the Secretary has determined that harvest guidelines or quotas are needed by Federal management according to the provision of the federal CPS Fishery Management Plan.

(2) Advisory Subpanel (AP). The Coastal Pelagic Species Advisory Subpanel that comprises members of the fishing industry and public appointed by the Council to review proposed actions for managing the coastal pelagic fisheries.

(3) Biomass. The estimated amount, by weight, of a coastal pelagic species population. The term biomass means total biomass (age 1 and above) unless stated otherwise.

(4) Closure. Taking and retaining, possessing, or landing the particular species or species group is prohibited. Unless otherwise announced in the Federal Register, offloading must begin before the time the fishery closes.

(5) Coastal pelagic species (CPS). Includes northern anchovy (Engraulis mordax), Pacific mackerel (Scomber japonicus), Pacific sardine (Sardinops sagax), jack mackerel (Trachurus symmetricus), and market squid (Doryteuthis opalescens).

(6) Coastal Pelagic Species Management Team (CPSMT). The individuals appointed by the Council to review, analyze, and develop management measures for the CPS fishery.

(7) Council. The Pacific Fishery Management Council, including its CPSMT, AP, Scientific and Statistical Committee (SSC), and any other committee established by the Council.

(8) Federally Designated Routine Management Measures. Routine Management Measures, identified as catch restrictions intended to keep landings within the harvest levels announced by the Secretary of Commerce and noticed in the Federal Register by the National Marine Fisheries Service, are hereby incorporated and made a part of these regulations. Should any federal management measures conflict with existing statutes, including Fish and Game Code Sections 8496 and 8842(b), or regulations of the commission, the provisions in the statutes or regulations which conflict with the federal management measures are made inoperative.

(9) Finfish. For the purpose of this section only, finfish includes northern anchovy, Pacific mackerel, Pacific sardine, and jack mackerel, but excludes market squid.

(10) Fishery Management Area. The EEZ off the coasts of Washington, Oregon, and California between 3 and 200 nautical miles offshore, bounded in the north by the Provisional International Boundary between the United States and Canada, and bounded in the south by the International Boundary between the United States and Mexico.

(11) Fishing trip. A period of time between landings when fishing is conducted.

(12) Harvest guideline. A specified numerical harvest objective that is not a quota. Attainment of a harvest guideline does not require complete closure of a fishery.

(13) Harvesting vessel. A vessel involved in the attempt or actual catching, taking or harvesting of fish, or any activity that can reasonably be expected to result in the catching, taking or harvesting of fish.

(14) Land or Landing. To begin transfer of fish from a fishing vessel. Once transfer begins all fish onboard the vessel are counted as part of the landing.

(15) Limited entry fishery. The commercial fishery consisting of vessels fishing for CPS in the CPS Management Zone under limited entry permits issued under § 660.512.

(16) Live bait fishery. Fishing for CPS for use as live bait in other fisheries.

(17) Monitored species (MS). Those CPS the Secretary has determined not to need management by harvest guidelines or quotas according to the provisions of the FMP.

(18) Nonreduction fishery. Fishing for CPS for use as dead bait or for processing for direct human consumption.

(19) Owner. A person who is identified as the current owner in the Certificate of Documentation (CG-1270) issued by the U.S. Coast Guard for a documented vessel, or in a registration certificate issued by a state or the U.S. Coast Guard for an undocumented vessel.

(20) Person. Any individual, corporation, partnership, association or other entity (whether or not organized or existing under the laws of any state), and any Federal, state, or local government, or any entity of any such government that is eligible to own a documented vessel under the terms of 46 U.S.C. 12102(a).

(21) Processing or to process. Preparing or packaging coastal pelagic species to render the fish suitable for human consumption, pet food, industrial uses or long-term storage, including, but not limited to, cooking, canning, smoking, salting, drying, filleting, freezing, or rendering into meal or oil, but does not mean heading and gutting unless there is additional preparation.

(22) Prohibited Species. All species of trout and salmon (Salmonidae) and Pacific Halibut (Hippoglossus stenolepis).

(23) Quota. A specified numerical harvest objective for a single species of CPS, the attainment (or expected attainment) of which causes the complete closure of the fishery for that species.

(24) Reduction fishery. Fishing for CPS for the purposes of conversion into fish flour, fish meal, fish scrap, fertilizer, fish oil, other fishery products, or byproducts for purposes other than direct human consumption.

(25) Regional Administrator. The Regional Administrator, Southwest Region, NMFS, 501 W. Ocean Boulevard, Suite 4200, Long Beach, CA 90802-4213, or a designee.

(26) Reserve. A portion of the harvest guideline or quota set aside at the beginning of the year for specific purposes, such as for individual harvesting groups to ensure equitable distribution of the resource or to allow for uncertainties in preseason estimates of DAP and JVP.

(27) Secretary. The Federal Secretary of Commerce.

(28) Sustainable Fisheries Division (SFD). The Assistant Regional Administrator for Sustainable Fisheries, Southwest Region, NMFS, or a designee.

(29) Totally lost. The vessel being replaced no longer exists in specie, or is absolutely and irretrievably sunk or otherwise beyond the possible control of the owner, or the costs of repair (including recovery) would exceed the repaired value of the vessel.

(30) Trip limit. The total allowable amount of a CPS species by weight or by percentage of weight of fish on board the vessel that may be taken and retained, possessed, or landed from a single fishing trip by a vessel that harvests CPS.

Note: Authority cited: Section 7652, Fish and Game Code. Reference: Sections 7650- 7653, 8150.7 and 8411, Fish and Game Code.

Note: Authority cited: Section 7652, Fish and Game Code. Reference: Sections 7650- 7653, 8150.7 and 8411, Fish and Game Code.

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