California Code of Regulations
Title 14 - Natural Resources
Division 5.6 - State Coastal Conservancy
Chapter 7 - Experimental Fishing Gear Loan Program
Article 1 - Authority and Purpose
Section 13851 - Purpose
Through the Act, and further through Section 3 of Chapter 1298 of the Statutes of 1987, the Legislature placed severe restrictions on the use of gill and trammel nets in nearshore waters of the Coastal Zone north of Point Conception in order to provide protections for marine bird and mammal populations. These restrictions will have an adverse economic impact on commercial fishing operators which previously utilized gill and trammel nets in the affected areas. In order to provide for commercial fishing in the restricted areas, the Act establishes a program for the development of alternative fishing gear, including an experimental gear permitting program and a monitoring and study program to be carried out by the California Department of Fish and Game. Additionally, the Act directs the State Coastal Conservancy to develop and implement a low-interest loan program to enable commercial fishing operators to acquire experimental equipment which will reduce impacts on non-target species when used in the restricted areas.
The restrictions on the use of gill and trammel nets became effective immediately under the Act. The additional restrictions of Section 3 of Chapter 1298, Statutes of 1987 also became effective immediately. In order to reduce the adverse economic impacts to commercial fishing operators financing the acquisition of alternative fishing gear before the 1988 fishing season, it is necessary that this chapter, as amended, take effect immediately. Section 8 of the Act (Public Resources Code Section 31125.6(c)) directs the Conservancy to adopt emergency regulations for the loan program and provides that the regulations become effective upon adoption.
The purpose of this chapter is to ensure the consistent and fair processing and approvals of loans made by the Conservancy, with appropriate input from other state agencies, affected parties and interested members of the public. These regulations delegate to the Executive Officer approval of loans, and specify parameters, criteria and procedures to be followed by the Conservancy in evaluating, approving, rejecting, and terminating loans. The Conservancy will be assisted in establishing and operating the loan program by the Department of Fish and Game, the Department of Commerce, active commercial fishing operators and representatives of the commercial fishing industry.
1. New section filed 6-12-87 as an emergency; operative 6-12-87 (Register 87, No. 25). A Certificate of Compliance must be transmitted to OAL by 11-9-87. Pursuant to Section 8 of the Act (Public Resources Code Section 31125.6(c)) and in accordance with Government Code Section 11346.2(a), these regulations shall be effective upon adoption by the Conservancy.
2. Certificate of Compliance filed 10-6-87 (Register 87, No. 42).
3. Amendment filed 4-4-88 as an emergency; operative 4-4-88 (Register 88, No. 17). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 8-2-88.
4. Certificate of Compliance transmitted to OAL 7-11-88 and filed 7-25-88 (Register 88, No. 32).
Note: Authority cited: Sections 31102 and 31125.6(c), Public Resources Code. Reference: Sections 8612(b), 8613(d), 8614(b) and (c), 8615 and 8664.12(a) and (b), Fish and Game Code; Section 15335.1(b), Government Code; and Sections 31125, 31125.5, 31125.6, 31126 and 31127, Public Resources Code; Ch. 910, Stats. 1986, Section 2; and Ch. 1298, Stats. of 1987, Section 11.
