Current through Register 2024 Notice Reg. No. 38, September 20, 2024
(a) Control Date. A control date of January
1, 1999, is established for the purpose of developing a restricted access spot
prawn trap fishery. Only those vessels which have made at least one spot prawn
landing with trap gear before this date may be considered for inclusion in the
restricted access trap fishery. Additional vessels which have made landings of
spot prawns with trawl gear between 1994 and 2001 also may be considered for
inclusion in the restricted access spot prawn trap fishery (trawl conversion
program).
(b) Permit Requirement,
Classification of Permits and Permit Conditions. Effective April 1, 2002, no
person shall use a vessel to land spot prawns for commercial purposes using
traps authorized pursuant to Sections
8591
and
9001 of
the Fish and Game Code, unless the owner of that vessel has a general trap
permit, issued pursuant to Section
9001 of
the Fish and Game Code, and a spot prawn trap vessel permit for that vessel
that has not been suspended or revoked.
(1)
Tier 1 Permits. Spot prawn trap vessel permits issued pursuant to subsection
(c)(1) shall be considered as Tier 1 permits, and permitted vessels are
authorized to use the number of traps specified for Tier 1 permits pursuant to
Section 180.1(c), Title
14.
(2) Tier 2 Permits. Spot prawn
trap vessel permits issued pursuant to subsection (c)(2) shall be considered as
Tier 2 permits, and permitted vessels are authorized to use the number of traps
specified for Tier 2 permits pursuant to Section
180.1(c), Title
14. Permitted vessels with Tier 2 permits may not exceed a maximum of 5000
pounds of spot prawns landed in any permit year. The revenue from any landings
in excess of 5000 pounds in any permit year shall be forfeited to the
department.
(3) Tier 3 Permits.
Spot prawn trap vessel permits issued pursuant to subsection (c)(3) shall be
considered as Tier 3 permits, and permitted vessels are authorized to use the
number of traps specified for Tier 3 permits pursuant to Section
180.1(c), Title
14. Tier 3 permits shall also be known as trawl conversion
permits.
(c) Initial
Issuance Criteria. A spot prawn trap vessel permit for a specific tier shall be
issued only to the following persons for use on qualifying vessels:
(1) Tier 1 Permits. A person who is the owner
of a commercial fishing vessel that has been registered with the department
pursuant to Section
7881 of
the Fish and Game Code in each of the 1997-98, 1998-99, and 1999-2000 permit
years, and has made landings of spot prawns utilizing traps on or before
January 1, 1999, as documented by landing receipts that were delivered to the
department pursuant to Section
8046 of
the Fish and Game Code, and who has satisfied at least one of the following
minimum vessel-based landing requirements:
(A)
at least 20 landings of spot prawns, utilizing traps, in each of the calendar
years 1997, 1998, and 1999;
(B) at
least 2,000 pounds of spot prawns landed, utilizing traps, in each of the
calendar years 1997, 1998, and 1999;
(C) at least 10,000 pounds of spot prawns
landed, utilizing traps, in each of the calendar years 1998 and
1999.
(2) Tier 2 Permits.
(A) A person who is the owner of a commercial
fishing vessel that has been registered with the department pursuant to Section
7881 of
the Fish and Game Code in each of the 1997-98, 1998-99, and 1999-2000 permit
years, and has made landings of spot prawns utilizing traps on or before
January 1, 1999, as documented by landing receipts that were delivered to the
department pursuant to Section
8046 of
the Fish and Game Code, and who does not satisfy any of the minimum landing
requirements in subsection (c)(1) and has satisfied at least one of the
following minimum vessel-based landing requirements:
1. at least 10 landings of spot prawns,
utilizing traps, in calendar year 1998;
2. at least 1,000 pounds of spot prawns
landed, utilizing traps, in calendar year 1998.
(B) Any individual, who has been licensed as
a California commercial fisherman for at least 20 years, and who has
participated in the commercial spot prawn trap fishery for at least one of
those years, and who has made at least 20 landings of spot prawns, using traps,
totaling at least 10,000 pounds in one of those years, shall be issued a Tier 2
permit.
(3) Tier 3
Permits. Prawn points will be used to determine eligibility for initial
issuance of Tier 3 permits. Any person who is the owner of a commercial fishing
vessel that has been registered with the department pursuant to Section
7881 of
the Fish and Game Code between 1994 and 2001 will receive points based on spot
prawn landings made utilizing trawl gear.
(A)
Points will be awarded to a vessel based on landing history between January 1,
1994 through December 31, 2001 as documented by fish landing receipts that were
submitted to the department pursuant to Section
8046 of
the Fish and Game Code in the vessel's name and commercial boat registration
number as follows:
1. One hundred prawn
points will be earned for each calendar year in which the vessel made a landing
of spot prawn with trawl gear between 1994 and 2001.
2. One prawn point will be earned for every
500 pounds of spot prawn the vessel landed with trawl gear between 1994 and
2001; and
3. One prawn point will
be earned for each landing of spot prawn a vessel made with trawl gear between
1994 and 2001;
(B) A
vessel must have in excess of 1,000 prawn points to qualify for initial
issuance of a Tier 3 permit.
(d) Capacity Goal. The commission has
determined that the spot prawn trap fishery capacity goal for Tier 1 and Tier 3
permits combined shall be 17. The commission has determined that the spot prawn
trap fishery capacity goal for Tier 2 permits shall be 0.
(e) Application Deadline for Initial Issuance
of Spot Prawn Trap Vessel Permits.
(1) Tier 1
and Tier 2 Permits. All applications and permit fees for initial issuance of
Tier 1 and Tier 2 spot prawn trap vessel permits must be received by the
department or, if mailed, must be postmarked no later than June 30, 2002.
Applications for initial issuance of a spot prawn trap vessel permit received
from July 1 through July 31, 2002 shall be considered late and will be assessed
a late fee. Applications and monies due for the initial issuance of Tier 1 and
Tier 2 spot prawn trap vessel permits not received or, if mailed, not
postmarked, by July 31, 2002 shall be returned to the applicant
unissued.
(2) Tier 3 Permits. All
applications (FG 1424 (new, 8/04) incorporated by reference herein) and permit
fees for initial issuance of Tier 3 spot prawn trap vessel permits must be
received by the department or, if mailed, must be postmarked no later than
February 28, 2005. Applications for initial issuance of Tier 3 spot prawn trap
vessel permits received from March 1 through March 31, 2005 shall be considered
late and will be assessed a late fee pursuant to subsection (n). Applications
and monies due for initial issuance of Tier 3 spot prawn trap vessel permits
not received or, if mailed, not postmarked, by March 31, 2005 shall be returned
to the applicant unissued.
(f) Minimum Landing Requirements for Spot
Prawn Trap Vessel Permit Renewal. No minimum landings of prawns shall be
required to be eligible for renewal of a spot prawn trap vessel
permit.
(g) Annual Spot Prawn Trap
Vessel Permit Renewal. Applications as specified in Section
705 for renewal of a spot prawn
trap vessel permit shall be received by the department, or, if mailed,
postmarked, by April 30 of each year. Late fees, late fee deadlines, and late
renewal appeal provisions are specified in Fish and Game Code Section
7852.2.
(h) Presence of Owner on Vessel. An owner of
the vessel to which the spot prawn trap vessel permit has been issued must be
on the vessel when spot prawns are being taken or landed, except that one
additional operator may be designated during a license year by informing the
department in writing with a letter sent to the department's office in
Monterey.
(i) Revocation of Permit.
A spot prawn trap vessel permit shall be revoked if the permittee submits false
information for the purposes of obtaining a spot prawn trap vessel
permit.
(j) Transfer of a Spot
Prawn Trap Vessel Permit to Another Vessel. A transfer of a spot prawn trap
vessel permit to another vessel may be approved for use on a replacement vessel
only if all of the following criteria are met:
(1) In the form of a notarized letter, the
owner of the vessel which has a valid Spot Prawn Trap Vessel Permit shall
submit a request for transfer of a Spot Prawn Trap Vessel Permit to the
department.
(2) The vessel owner
pays the non-refundable transfer fee specified in subsection (m) to the
department.
(3) Unless the vessel
was lost, stolen, or destroyed, a permit may not be transferred more than once
during any permit year.
(4) The
spot prawn trap vessel permit for the permitted vessel is valid, and has not
been suspended or revoked.
(5) The
owner of a vessel with a valid Spot Prawn Trap Vessel Permit has written
authority from the legal owner and/or partners, or mortgager, of the
replacement vessel, to which the permit shall be transferred, to transfer the
Spot Prawn Trap Vessel Permit from the permitted vessel to the replacement
vessel.
(k) Change of
Ownership of a Spot Prawn Trap Vessel Permit.
(1) All Tier 1 spot prawn trap vessel permits
shall be transferable to another person, but not more than once within any
3-year period. Upon the death of the permittee, transfer of a Tier 1 spot prawn
vessel permit may be considered if the estate submits a notarized letter for
the change of ownership to the department, within one year of the death of the
permittee as listed on the death certificate.
(2) A change of ownership of a Tier 1 spot
prawn trap vessel permit to another person may be approved only if the vessel
owner submits a notarized statement for change of ownership to the department.
Thereafter, upon notice to the department, the person purchasing the spot prawn
trap vessel permit may use that permit for the taking and landing of spot
prawns for any and all of the unexpired portion of the permit year, provided
the following requirements are met:
(A) the
person purchasing the permit shall have a valid commercial fishing license
issued pursuant to Section
7852 of
the Fish and Game Code that has not been suspended or revoked, and a general
trap permit issued pursuant to Section
9001 of
the Fish and Game Code that has not been suspended or revoked.
(B) the person is the owner of a commercial
fishing vessel that has been registered with the department pursuant to Section
7881 of
the Fish and Game Code that has not been suspended or revoked. The person
receiving the permit shall be eligible for a permit, pursuant to the provisions
of this section, for the use of that vessel in subsequent
years.
(3)
Notwithstanding the transfer of ownership provisions in subsection (k) for Tier
1, upon the death of a spot prawn trap vessel Tier 1 permittee the estate may
apply to the department to transfer that permit to the estate. The request for
transfer shall be received by the department within one year of the death of
the permittee.
(4) The vessel owner
pays the non-refundable transfer fee specified in subsection (m) to the
department.
(5) Tier 2 spot prawn
trap vessel permits shall not be transferred to another person. Tier 2 permits
shall become null and void upon death of the permit holder.
(6) Tier 3 spot prawn trap vessel permits
shall not be transferred to another person. Tier 3 permits shall become null
and void upon death of the permit holder.
(l) Appeals.
(1) Any applicant who is denied initial
issuance of a spot prawn trap vessel Tier 1 or Tier 2 permit for any reason may
appeal that denial 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, 2003. Any applicant who is denied initial issuance of a Tier 3 spot
prawn trap vessel permit for any reason may appeal that denial to the
department in writing describing the basis for the appeal. The appeal shall be
received or, if mailed, postmarked no later than September 30, 2005. 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 decision
(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
spot prawn trap vessel permit may appeal the denial to the department in
writing describing the basis for the appeal. 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
decision.
(m) Fees.
(1) Tier 3 Initial Issuance Fee. The
department shall charge a fee for each Tier 3 spot prawn trap vessel permit of
$1,015.
(2) Annual Renewal Fee. The
department shall charge an annual fee for each Tier 1 and Tier 2 spot prawn
trap vessel permit as specified in Section
705. The department shall charge
an annual renewal fee for each Tier 3 spot prawn trap vessel permit as
specified in Section
705. Late fees, late fee
deadlines, and late renewal appeal provisions are specified in Fish and Game
Code Section
7852.2.
(3) Vessel Transfer Fee. The department shall
charge a non-refundable fee as specified in Section
705 for each vessel
transfer.
(4) Change of Ownership
Fee. The department shall charge a non-refundable fee as specified in Section
705 for each change of ownership
of the spot prawn trap vessel permit.
(5) Initial Issuance Late Fees. The
department shall charge a non-refundable late fee of $50 if an application for
initial issuance of a Tier 1 or Tier 2 spot prawn trap vessel permit is
received from July 1 to July 31, 2002. The department shall charge a
non-refundable late fee of $50 if an application for initial issuance of a Tier
3 spot prawn trap vessel permit is received from March 1 to March 31,
2005.
1. New
section filed 5-3-2000; operative 5-3-2000 pursuant to Fish and Game Code
section
215
(Register 2000, No. 18).
2. Amendment of section and NOTE filed
3-14-2002; operative 3-15-2002 pursuant to Government Code section
11343.4
(Register 2002, No. 11).
3. Amendment of subsections (b)(2)(C),
(j)(2) and (k)(1)-(2) filed 7-12-2004; operative 8-11-2004 (Register 2004, No.
29).
4. Amendment of section heading, section and NOTE filed
12-13-2004; operative 12-13-2004 pursuant to Government Code section
11343.4
(Register 2004, No. 51).
5. Change without regulatory effect
amending subsections (n)(1)-(n)(6) and amending NOTE filed 5-12-2005 pursuant
to section 100, title 1, California Code of
Regulations (Register 2005, No. 19).
6. Change without regulatory
effect amending subsections (g) and (n)(2) filed 12-19-2006 pursuant to section
100, title 1, California Code of
Regulations (Register 2006, No. 51).
7. Amendment of section and
NOTE filed 7-8-2008; operative 7-8-2008 pursuant to Government Code section
11343.4
(Register 2008, No. 28).
8. Amendment of subsections (g) and
(m)(2)-(4) filed 10-5-2010; operative 11-4-2010 (Register 2010, No.
41).
Note: Authority cited: Sections
713,
1050
and
8591,
Fish and Game Code. Reference: Sections
1050,
7852.2,
8101,
8591,
8593,
8594,
8595,
9000,
9001
and
9015,
Fish and Game Code.
