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 174 - Permit to Use Gill Nets or Trammel Nets for Commercial Purposes
Current through Register 2024 Notice Reg. No. 38, September 20, 2024
(a) Permit Required.
(b) Qualifications for the Permit. To qualify for a permit, an applicant shall:
(c) Limitations of Permit. Permits must be renewed annually.
(d) Permit Renewal. Beginning April 1, 2009, and thereafter, applications for renewal of gill net/trammel net permits shall 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.
(e) Cost of Permit. See section 8683 of the Fish and Game Code.
(f) Records. Pursuant to Section 190 of these regulations, each permittee shall complete and submit a fishing activity record of all gill net and trammel net fishing activities on a logbook Gill and Trammel Net Log (DFG 174 (10/89), see Appendix A) provided by the department.
(g) Conditions of Permit. Provisions of the Fish and Game Code relating to commercial fish except as modified by the provisions of these regulations, shall be a condition of all permits to be fully performed by the holders thereof, their agents, servants, employees or those acting, under their direction or control.
(h) Revocation. As specified in Fish and Game Code Section 8681, the commission may suspend, revoke, or cancel a permit, license, and commercial fishing privileges pursuant to Fish and Game Code Section 7857.
(i) Exemptions from Permit. The owner or operator of a vessel operating under a permit issued pursuant to section 163 of these regulations is not required to possess the permit authorized by this section.
1. New
section filed 3-25-81; effective thirtieth day thereafter (Register 81, No.
13).
2. Amendment of section heading and subsections (a)(1),
(b)(2)-(4.) and (f) filed 3-17-82; effective thirtieth day thereafter (Register
82, No. 12).
3. New subsections (j)-(l) filed 7-8-82 as an
emergency; effective upon filing (Register 82, No. 28). A Certificate of
Compliance must be transmitted to OAL within 120 days or emergency language
will be repealed on 11-5-82.
4. Amendment of subsections (j) and (1)
filed 8-13-82 as an emergency; effective upon filing (Register 82, No. 33). A
Certificate of Compliance must be transmitted to OAL within 120 days or
emergency language will be repealed on 12-11-82.
5. Reinstatement of
section as it existed prior to emergency adoption of subsections (j)-(l) filed
7-8-82 and the amendment of subsections (j) and (l) filed 8-13-82 by operation
of Government Code section
11346.1(f)
(Register 83, No. 34).
6. New subsections (j) and (k) filed 8-12-83
as an emergency; effective upon filing (Register 83, No. 34). A Certificate of
Compliance must be transmitted to OAL within 120 days or emergency language
will be repealed on 12-10-83.
7. Amendment of subsection (i) filed
5-9-84; effective thirtieth day thereafter (Register 84, No. 19).
8.
Amendment of subsection (b)(5) and repealer of subsections (j) and (k) filed
5-19-86; effective thirtieth day thereafter (Register 86, No.
21).
9. Amendment of subsection (f) filed 12-8-89; operative 1-1-90
(Register 89, No. 50).
10. Amendment of subsection (e) filed
4-18-91; operative 5-18-91 (Register 91, No. 21).
11. Amendment of
subsection (a)(1), repealer of subsection (a)(3), amendment of subsections
(b)(6) and (c), repealer and new subsections (d) and (h) and amendment of
subsection (i) and NOTE filed 7-8-2008; operative 7-8-2008 pursuant to
Government Code section
11343.4
(Register 2008, No. 28).
12. Amendment of subsection (f), new
subsection (f)(1) and amendment of NOTE filed 2-26-2019; operative 4-1-2019
(Register 2019, No. 9).
Note: Authority cited: Sections 1050, 8026, 8681 and 8682, Fish and Game Code. Reference: Sections 1050, 1700, 7852.2, 8026, 8568, 8573, 8680, 8681, 8682 and 8683, Fish and Game Code.