Current through Register 2024 Notice Reg. No. 52, December 27, 2024
(a) Pacific Herring Buyer's Permit. A holder
of a current fish receiver's license must obtain a separate permit to buy
Pacific Herring or Herring Eggs on Kelp (HEOK) for commercial purposes. After
approval of form Herring Buyer's Permit Application DFW 327 and payment of the
Permit Fee specified in Section
705(a), a
revocable, nontransferable permit to buy Herring or HEOK for commercial
purposes may be issued subject to the following regulations:
(1) The permittee shall permanently mark all
vehicles, containers or pallets with individualized serial numbers and
predetermined tare weights. The serial number and predetermined tare weight
shall be permanently marked in letters and numerals at least 3 inches high on
each side of vehicle container or pallet.
(2) Pursuant to Section
197 of these regulations, an
electronic fish ticket (EFT) or dock ticket must be completed immediately upon
completion of weighing of any single boatload (hereinafter "load") of herring
or HEOK. If a dock ticket is used, the information recorded therein must be
used to complete and submit an EFT within three (3) business days.
(A) The EFT or dock ticket for each vessel's
load must be completed and signed by both the herring permittee and a certified
weighmaster or his/her deputy prior to commencing unloading operations of
another herring permittee's load.
(B) The weighmaster or deputy submitting the
EFT must include all information required by Section
197 of these regulations and shall
sign the EFT and/or dock ticket with his/her complete signature. For herring,
the weighmaster shall list the number of fish in, and the weight of, each roe
test for the landing reported.
(C)
Any completed dock ticket must be retained with the EFT by the weighmaster or
deputy and be immediately available to the department at the weigh station, as
per Section
197 of these
regulations.
(D) Up to ten (10)
pounds of herring from each load will be made available by the herring Buyer to
the department, at no cost, for management purposes. No herring shall be taken
for roe percentage testing purposes from a load that has not first been weighed
and recorded.
(3) Prior
to weighing HEOK, each permittee shall have each weighing device currently
certified and sealed by the County Division of Weights and Measures.
(4) Weight tally sheets shall be used when
any load of fish is divided and placed into more than one container prior to
the completion of the landing receipt. Weight tally sheets shall include the
time unloading operations begin.
(A) The tally
sheets shall comprise of four columns:
1. The
serial or I.D. number of all containers in which the load is initially placed
and all subsequent containers, if any, in which the load is placed until, and
including for, shipment from the buyer's premises.
3. The tare weight of the bin or containers;
and
4. The net weight excluding the
gross weight of each bin or container. For whole fish, this includes the weight
of the herring taken for testing purposes. For HEOK, this excludes the salt and
brine.
(B) The weight
tally sheets shall be retained by the permittee for one (1) year and must be
available at all times for inspection by the department.
(C) When requested by the department, the
Buyer shall submit to the department a California Highway Patrol weighing
certificate for any truck load designated by the department. Such certificate
shall be submitted to the department following the instructions on the Herring
Buyers Permit within twenty-four (24) hours of the truck's departure from the
buyer's premises.
(5) The
permittee is responsible to ensure that all provisions of the herring buyer's
permit are complied with, even though the tasks may be delegated to
others.
(6) The permit may be
revoked by the department upon violation of any provisions contained herein by
the holder of the permit, his/her agents, employees, or those acting under
his/her direction or control and shall not be renewed for a period of one (1)
year from the date of revocation.
1. New
section filed 1-3-89; operative 2-2-89 (Register 89, No. 1). For history of
former section, see Register 76, No. 35.
2. Amendment of subsections
(a), (f)(1), (f)(2)(A)4., (f)(2)(A)6., and (f)(2)(B)3. and repealer of
subsection (f)(4) filed 1-15-92 as an emergency; operative 2-14-92 (Register
92, No. 12).
3. Amendment of subsections (a), (f)(2)(B)3.,
(f)(2)(B)5. and (f)(2)(B)7. filed 11-12-96; operative 11-12-96 pursuant to Fish
and Game Code sections
202 and
215
(Register 96, No. 46).
4. Repealer of subsection (f)(2)(A)3.,
subsection renumbering and amendment of subsection (f)(2)(B)6. filed 10-30-98;
operative 10-30-98 pursuant to Fish and Game Code sections
202 and
215
(Register 98, No. 44).
5. Amendment of subsection (a) filed
10-27-2000; operative 10-27-2000 pursuant to Government Code section
11343.4(d)
(Register 2000, No. 43).
6. Repealer of subsection (f)(1)(B)1. and
subsection renumbering filed 10-31-2001; operative 11-1-2001 pursuant to Fish
and Game Code section
215
(Register 2001, No. 44).
7. Amendment of subsection (f)(2)(B)7.
filed 10-21-2002; operative 10-21-2002 pursuant to Government Code section
11343.4
(Register 2002, No. 43).
8. Repealer of subsection (f)(2)(A)3.,
subsection renumbering 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 section heading, repealer
and new section and amendment of NOTE filed 2-27-2020; operative 3-1-2020
pursuant to Government Code section
11343.4(b)(4)(A)
and Fish and Game Code section
265
(Register 2020, No. 9).
Note: Authority cited: Sections
7071,
8032.5
and
8389,
Fish and Game Code. Reference: Sections
7071,
8032,
8032.5,
8033
and
8389,
Fish and Game Code.
