California Code of Regulations
Title 14 - Natural Resources
Division 5.6 - State Coastal Conservancy
Chapter 7 - Experimental Fishing Gear Loan Program
Article 2 - Loan Program Establishment and Operation
Section 13865 - Terminations and Buyback
Current through Register 2024 Notice Reg. No. 38, September 20, 2024
(a) Revocation of permits. If a Permit is revoked by the Department and the Permittee has an outstanding loan with the Conservancy, the unpaid balance of the loan shall be excused from the date of revocation if the Permittee returns the experimental fishing gear financed in whole or in part with the loan to the Department, in which case the Department shall take possession of the experimental fishing gear for the Conservancy.
Notwithstanding the above, if at the time of revocation the Legislature has approved the permanent use of the type of gear, the Permittee shall be responsible for any remaining balance on any outstanding loan with the Conservancy.
(b) Voluntary Termination Within Six Months. Pursuant to Section 3.5 of the Act (Fish and Game Code Section 8615(a)), within the first six months of operation pursuant to a Permit and after a reasonable and concerted effort to utilize a new type of commercial fishing gear, the Permittee may request that the Permit be terminated if it is economically infeasible to harvest the target species or if the experimental gear is impractical, inefficient, or ineffective within the fishery or regional area selected.
If the Department terminates the Permit and submits its findings to the Conservancy, the Conservancy may terminate the Permittee's loan. If the Department terminates the Permit under Fish and Game Code Section 8615(a)(2), and if the Permittee returns the experimental fishing gear financed in whole or in part with the loan to the Department, the Conservancy shall reimburse the Permittee from the loan fund for the principal amount of the loan payments made by the Permittee. If the Department terminates the Permit under Fish and Game Code Section 8615(a)(3), and if the Permittee returns the experimental fishing gear financed in whole or in part with the loan to the Department, Conservancy may reimburse the Permittee for any loan payments made.
(c) Voluntary Termination After Six Months. If the Department terminates the experimental gear permit after six (6) months or more of operation, the Conservancy may terminate the remaining balance on the loan if the Permittee returns the experimental fishing gear to the Department, but it shall not reimburse the Permittee for any loan payments made.
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. 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) and 8615, Fish and Game Code; Section 15335.1(b), Government Code; and Sections 31125, 31125.5, 31125.6, 31126 and 31127, Public Resources Code.
