reglab/statecodes huggingface dataset:
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 120.1 - Pink Shrimp Trawling

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  Permit Required. Any person using a trawl net to take, possess aboard a vessel,
				  or land pink shrimp for commercial purposes shall have a pink shrimp trawl
				  permit issued pursuant to Section
				  120.2 that has not been suspended
				  or revoked.
(b) Season and Harvest
				  Control Rule. Unless otherwise prescribed under this subsection, pink shrimp
				  may be taken April 1 through October 31.
(1)
				  Target reference point. The current fishing season shall close on October 15
				  and the next season shall be delayed until April 15 if the average landing of
				  pink shrimp falls below 12,500 pounds during the month of June.
(2) Limit reference point. The current
				  fishing season shall close 10 days following public notice and the start of the
				  next season shall be delayed until April 15 if:
(A) The mean sea level height exceeds 7.5
				  feet above the station datum as calculated using sea level height measurements
				  from the National Oceanic and Atmospheric Administration tide gauge at Crescent
				  City, California between April 1 of the previous year through January 31 of the
				  current year; and
(B) the average
				  landing of pink shrimp falls below 10,000 pounds during the month of
				  June.
(3) In determining
				  the average landing in June, the department shall:
(A) Use landings data collected in June
				  pursuant to Section
				  197.
(B) For vessels towing one trawl net, the
				  landing shall be multiplied by a factor of 1.6.
(C) The average landing shall be the sum of
				  all landings from vessels towing one net as modified by subsection (b)(3)(B)
				  and all landings from vessels towing two trawl nets divided by the total number
				  of landings.
(4) Public
				  notice of early closure and season delay. By July 15 of each year,
				  notifications of any early closure and subsequent season delay along with the
				  accompanying landings and sea level height data shall be posted on the
				  department website at
https://wildlife.ca.gov/Conservation/Marine/Invertebrates/Shrimp-Prawn
.
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 120.2 - Pink Shrimp Trawl Permits

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Permit Required.
(1) Northern Pink Shrimp Trawl Permit. On and
				  after April 1, 2001, any person using a trawl net to take, possess aboard a
				  vessel, or land pink shrimp for commercial purposes in ocean waters north of a
				  line drawn due west of Point Conception shall have a northern pink shrimp trawl
				  permit or a northern pink shrimp trawl individual permit that has not been
				  suspended or revoked. All pink shrimp taken in ocean waters north of the
				  aforementioned line incidental to other fishing activities shall be immediately
				  returned to the water. For the purposes of this Section, vessel owner includes
				  any person who has a lease-purchase agreement for the purchase of a
				  vessel.
(2) Southern Pink Shrimp
				  Trawl Permit. On and after April 1, 2001, any person using a trawl net to take,
				  possess aboard a boat, or land pink shrimp for commercial purposes in ocean
				  waters south of a line drawn due west of Point Conception shall have a southern
				  pink shrimp trawl permit that has not been suspended or revoked. The applicant
				  must be the operator of a currently registered commercial fishing vessel. The
				  applicant for a permit shall submit the fees and the completed application, as
				  specified in Section
				  705, to the address listed on the
				  application.
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 120.3 - Golden Prawn (Penaeus Californiensis), Spot Prawn (Pandalus Platyceros) and Ridgeback Prawn (Sicyonia Ingentis) Trawling

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Permits to use or possess trawl nets for the taking of
					 golden prawns and ridgeback prawns in ocean waters may be granted only under
					 the conditions described below. Take of spot prawn under authority of this
					 permit is prohibited, except as provided in subsection
					 120(e), Title 14,
					 CCR:
(a) Qualifications of Permittee.
				  The applicant must be a licensed commercial fisherman and operator of a
				  currently registered commercial fishing vessel.
(b) Cost of Permit. The applicant for a
				  permit shall submit the fees and the completed application, as specified in
				  Section 705, to the address listed on the
				  application.
(c) Seasonal Closure.
				  Trawling for ridgeback prawns is prohibited from June 1 through September
				  30.
(d) Trawl Gear Specifications.
(1) Trawl nets with single-walled bag or
				  codend: The mesh of any webbing shall not be less than 1 ½ inches in
				  length.
(2) Trawl nets with
				  double-walled bag or codend: The mesh of any webbing or liner shall not be less
				  than 3 inches in length. The lines and codend shall be tied together along the
				  rib lines.
(3) Mesh Measurement.
				  Minimum trawl mesh size requirements are met if a standard stainless steel
				  wedge of appropriate gauge can be passed with thumb pressure only through 16 of
				  20 sets of two meshes each of wet mesh in the codend.
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 120.4 - Restricted Access Fishery

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
A control date of January 1, 1999, is established for the
					 purpose of developing a restricted access spot, ridgeback, and golden prawn
					 trawl fishery. Only those vessels which have made at least one spot, ridgeback,
					 or golden prawn landing with trawl gear before this date may be considered for
					 inclusion in the restricted access trawl fishery.
1. New
					 section filed 5-3-2000; operative 5-3-2000 pursuant to Fish and Game Code
					 section
					 215
					 (Register 2000, No. 18).
Note: Authority cited: Sections
						8591
						and
						8842,
						Fish and Game Code. Reference: Sections
						8590,
						8591,
						8593
						and
						8595,
						Fish and Game Code.
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 120.5 - Brine Shrimp Trawling-Mono Lake, Mono County

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Permits to use or possess trawl nets for the taking of
					 brine shrimp in Mono Lake, Mono County, pursuant to section
					 8842 of
					 the Fish and Game Code may be granted only under the following terms and
					 conditions:
(a) Qualifications of
				  Permittee. The applicant must be a licensed commercial fisherman and operator
				  of a currently registered commercial fishing vessel.
(b) Limitation of Permit. Not more than one
				  permit shall be issued to any one person. No permit shall be valid for more
				  than one vessel. Permits shall not be assigned or transferred from person to
				  person nor from vessel to vessel.
(c) Duration of Permit. Except as otherwise
				  provided, any permit issued pursuant to these regulations shall be in force
				  from January 1st to December 31st, or, if issued after the beginning of such
				  term, for the remainder thereof.
(d) Permit Area. Mono Lake, Mono
				  County.
(e) Season. All
				  year.
(f) Gear Specifications. Any
				  trawl net.
(g) Limitation of Gear.
(1) Nets used for the taking of brine shrimp
				  under this regulation may not be possessed in any area except Mono Lake, Mono
				  County, and on shore within one mile from the edge of the lake.
(2) The holder of a permit to take brine
				  shrimp in Mono Lake, Mono County, may transport any trawl net across any
				  district closed to the possession of said nets for the purpose of using same in
				  Mono Lake.
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 120.7 - Taking of Sea Urchins for Commercial Purposes

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Permit Required.
(1) Any person taking or assisting in the
				  taking of sea urchins for commercial purposes shall have obtained a valid sea
				  urchin permit and shall be in possession of said permit when engaged in such
				  activities. A sea urchin diving permit is not required to operate or assist in
				  operating a vessel used to take sea urchins, however, no person without a valid
				  sea urchin diving permit shall engage in diving from a vessel from which sea
				  urchins are being taken or possessed for commercial purposes, unless authorized
				  by the department's marine region regional manager or his or her designee for
				  the purposes of sea urchin management or research.
(2) To provide an economic incentive for
				  cooperative sea urchin management and research activity, and notwithstanding
				  any other portion of this section, the department may authorize the holder of a
				  valid sea urchin diving permit to harvest (take, possess, land and/or sell) red
				  sea urchins during a closed season or in a closed area, subject to such
				  restrictions regarding date(s), location(s), time(s), size, poundage or other
				  matters as specified by the department. Any data collected during such harvest
				  activity shall be made available to the department. The form of this
				  authorization shall be a letter from the department's marine region regional
				  manager or his or her designee issued to the permittee and containing all
				  conditions of use.
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 121 - Spiny Lobster. Open Season and Possession During Closed Season

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Spiny lobsters
				  (
Panulirus interruptus
) may be taken only between the first
				  Wednesday in October and the first Wednesday after the 15th of March.
(b) No spiny lobsters may be sold or
				  possessed during the closed season except as follows: Spiny lobsters taken or
				  imported during the open season which were cooked and frozen or frozen prior to
				  the close of the open season, and spiny lobsters imported into California
				  during the twenty-six (26) days following the close of the open season,
				  provided such spiny lobsters were cooked and frozen or frozen prior to
				  importation. During the closed season, after the twenty-six (26) day
				  importation period, no spiny lobsters may be possessed on any boat, barge, or
				  vessel.
1. Amendment
					 filed 7-31-68; effective thirtieth day thereafter (Register 68, No. 29). For
					 prior history, see Register 58, No. 1.
2. Amendment filed 3-12-74 as
					 an emergency; effective upon filing (Register 74, No. 11).
3.
					 Certificate of Compliance filed 6-5-74 (Register 74, No. 23).
4.
					 Amendment of NOTE filed 10-19-81; effective thirtieth day thereafter (Register
					 81, No. 43).
5. Amendment of section heading filed 3-21-90;
					 operative 3-21-90 (Register 91, No. 41).
6. Editorial correction of
					 HISTORY 5. (Register 91, No. 41).
7. Amendment of section heading,
					 designation of section as subsection (b) and new subsection (a) filed 3-2-2017;
					 operative 4-1-2017 pursuant to Government Code section
					 11343.4(b)(3)
					 (Register 2017, No. 9).
8. Amendment of section heading, section and
					 NOTE filed 7-24-2023; operative 9-1-2023 pursuant to Government Code section
					 11343.4(b)(3)
					 (Register 2023, No. 30).
Note: Authority cited: Sections
						2365,
						7075
						and
						7078,
						Fish and Game Code. Reference: Sections
						2365,
						7050,
						7075,
						7078
						and
						8254,
						Fish and Game Code.
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 121.5 - Spiny Lobster. Minimum Size and Verification

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) No spiny lobster less than 3 and ¼
				  inches in length measured in a straight line from the rear edge of the eye
				  socket to the rear edge of the body shell, both points to be on the midline of
				  the back, may be taken, possessed, purchased, or sold.
(b) Every person taking spiny lobster shall
				  carry a fixed caliper measuring device and shall measure any spiny lobster
				  immediately on removal from the trap and if it is found to be undersize the
				  spiny lobster shall be returned to the water immediately. When a trap is pulled
				  to the surface, any spiny lobster within shall be measured immediately and
				  prior to any additional traps being pulled to the surface.
(c) All spiny lobsters taken, possessed,
				  transported or sold must be maintained in such a condition that their size can
				  be determined as described in subsection
				  121.5(a) of these
				  regulations until prepared for immediate consumption or sold to the ultimate
				  consumer except as provided for in subsection (d) below.
(d) Spiny lobsters may be split along the
				  midline of the carapace by persons licensed pursuant to Fish and Game Code
				  Section
				  8034
				  (Fish Processors License) or Section
				  8037 (Commercial Fish Business
				  License) provided both halves of each spiny lobster are kept together by
				  banding or packaging until either displayed for purchase by the ultimate
				  consumer or prepared for immediate consumption.
1. New
					 section filed 3-21-90 as an emergency; operative 3-21-90 (Register 90, No. 13).
					 A Certificate of Compliance must be transmitted to OAL within 120 days or
					 emergency language will be repealed on 7-19-90.
2. Repealed by
					 operation of Government Code section
					 11346.1(g)
					 120 days from effective date (Register 91, No. 41).
3. New section
					 filed 3-10-93 as an emergency; operative 3-10-93 (Register 93, No. 11). A
					 Certificate of Compliance must be transmitted to OAL 6-8-93 or emergency
					 language will be repealed by operation of law on the following
					 day.
4. New section refiled 9-27-93 with amendment of subsection
					 (b); operative 10-27-93 (Register 93, No. 40).
5. Amendment of
					 section heading and section filed 3-2-2017; operative 4-1-2017 pursuant to
					 Government Code section
					 11343.4(b)(3)
					 (Register 2017, No. 9).
6. Amendment of section heading, subsections
					 (b)-(d) and NOTE filed 7-24-2023; operative 9-1-2023 pursuant to Government
					 Code section
					 11343.4(b)(3)
					 (Register 2023, No. 30).
Note: Authority cited: Sections
						2365,
						7075,
						7078
						and
						8254,
						Fish and Game Code. Reference: Sections
						2365,
						7050,
						7075,
						7078
						and
						8254,
						Fish and Game Code.
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 122 - Spiny Lobster Permits and Restricted Areas

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Classes of Spiny Lobster Permits.
(1) There is a transferable lobster operator
				  permit, a non-transferable lobster operator permit and a lobster crewmember
				  permit.
(2) Under operator permits
				  issued by the department, licensed commercial fishermen may take spiny lobsters
				  for commercial purposes, but only with traps used pursuant to Fish and Game
				  Code Section
				  9010,
				  except that such traps shall only be used in Districts 18, 19, 20A, and that
				  part of District 20 southerly of Santa Catalina Island between Church Rock and
				  China Point. No other method of take is authorized for the commercial harvest
				  of spiny lobsters.
(3) Any licensed
				  commercial fisherman who does not possess a valid transferable or
				  non-transferable lobster operator permit may purchase a lobster crewmember
				  permit, authorizing him/her to accompany a lobster operator permit holder and
				  to assist the lobster operator permit holder in the commercial take of spiny
				  lobster.
(4) Exemption from Tidal
				  Invertebrate Permit. A lobster operator permit holder or a lobster crewmember
				  permit holder operating under the provisions of a lobster operator permit is
				  not required to possess a Tidal Invertebrate Permit, but is subject to Section
				  123 of these
				  regulations.
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 122.2 - Pulling Spiny Lobster Traps

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) No lobster trap shall be pulled or raised
				  or placed in the water between one hour after sunset to one hour before
				  sunrise.
(b) During the closed
				  season for the taking of spiny lobster, no buoy attached to any trap may be
				  marked in such manner as to identify the trap as a lobster trap, except that
				  legally marked lobster traps may be placed in the water not more than 9 days
				  before the opening of the season and may remain in the water for not more than
				  9 days after the close of the season, if the doors to such traps are wired
				  open, the trap is unbaited, the buoy remains at the surface of the ocean, and
				  no attempt is made to take lobsters.
(c) Lobster traps may be set and baited 24
				  hours in advance of the opening date of the lobster season if no other attempt
				  is made to take or possess the lobsters.
(d) Trap Service Interval Requirement. A
				  deployed lobster trap shall be raised, cleaned of debris, serviced to ensure
				  mechanisms are properly functioning, and emptied at intervals not to exceed 168
				  hours except that lobster traps are not required to be serviced during the
				  9-day pre- and post- season period as described in subsection (b).
(e) No trap shall be abandoned in the waters
				  of this state. Lobster traps not retrieved 14 days after the close of the
				  commercial lobster season shall be considered "abandoned."
(f) By April 30 of each year, every lobster
				  operator permit holder shall submit an End of Season Spiny Lobster Trap Loss
				  Reporting Affidavit, DFW 1020 (Rev. 10/10/22), incorporated by reference
				  herein, for each permit they hold to the address listed on the affidavit.
(1) If a permit is transferred during the
				  season, only the lobster operator permit holder who is in possession of that
				  permit at the end of the season is required to submit the affidavit.
(2) All trap tags shall be retained by each
				  lobster operator permit holder until the beginning of the next lobster
				  season.
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 123 - Tidal Invertebrates

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Marine invertebrates shall not be taken for commercial
					 purposes in any tide pool or tidal area, including tide flats or other areas
					 between the high tide mark and 1,000 feet beyond the low tide mark of any
					 natural or constructed shoreline, except as otherwise provided in this section.
					 Revocable Tidal Invertebrate Permits may be issued by the department in
					 accordance with the following regulations:
(a) Qualifications of Permittee.
The applicant must be a licensed commercial fisherman. If a
					 vessel is used in taking or transporting tidal invertebrates for commercial
					 purposes, the vessel must be currently registered and all fishermen on the
					 vessel must possess a valid Tidal Invertebrate Permit.
(b) Application and fees.
The applicant for a permit shall submit the fees and the
					 completed application, as specified in Section
					 705, to the address listed on the
					 application.
(c) Permit
				  Exemption.
Commercial fishermen taking only lobster, sea cucumber,
					 squid, crab or sea urchin need not possess the permit as required in this
					 section but are subject to the provisions of this section and must have the
					 appropriate permits to take such species as required by Fish and Game Code
					 sections
					 8254,
					 8405,
					 8421,
					 9001
					 and
					 9054,
					 and regulations adopted pursuant thereto.
(d) Provisions of this section do not apply
				  to commercial fishermen taking freshwater clams or crayfish in inland
				  waters.
(e) Permit Conditions.
(1) Under the terms of a Tidal Invertebrate
				  Permit issued pursuant to this section only the following invertebrates may be
				  take for commercial purposes: barnacles, chiones, clams, cockles, sand crabs,
				  limpets, mussels, sand dollars, octopuses, shrimp, sea hares, starfish, worms
				  and native oysters subject to the following restrictions:
(A) Marine worms shall not be taken in any
				  mussel bed, nor shall any person pick up, remove, detach from the substrate any
				  other organisms, or breakup, remove, alter or destroy any rock or other
				  substrate or surfaces to which organisms are attached to obtain marine
				  worms.
(B) Clams may only be taken
				  in accordance with restrictions listed pursuant to Fish and Game Code sections
				  8340-
				  8343,
				  and
				  8346.
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 124 - Halibut Trawling

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  Areas. Section
				  8495 of
				  the Fish and Game Code designates the California Halibut Trawl Grounds as
				  certain state waters along the mainland shore between Point Arguello and Point
				  Mugu and specifies that this area is open to trawling when the season is open.
				  Subdivision
				  8495(c) specifies
				  four sub-areas within the California Halibut Trawl Grounds that will close to
				  trawling commencing April 1, 2008, unless the commission makes findings as
				  defined in that subdivision.
(1) Open Areas.
				  Because the commission has made the requisite findings for three of the
				  aforementioned four sub-areas within the California Halibut Trawl Grounds, the
				  commission authorizes the following waters to remain open to trawling
				  commencing June 16, 2008, and thereafter when the season is open,
				  notwithstanding subdivision
				  8495(c) of the
				  Fish and Game Code:
(A) Rocky Point (near
				  Point Arguello) to Point Conception: From a line extending from Rocky Point
				  true south (180°) and out three miles, the ocean waters extending south and
				  east lying between one and three nautical miles from the mainland shore to a
				  line extending true west (270°) from a point on land approximately one-half
				  mile north of Point Conception at latitude 34° 27.5'.
(B) Santa Barbara Point to Pitas Point: The
				  ocean waters lying between one and two nautical miles from the mainland shore
				  lying east of a line extending true south (180°) from Santa Barbara Point
				  and west of a line extending true south (180°) from Pitas Point.
(C) Hueneme Canyon to Laguna Point: From the
				  eastern border of the IMO Vessel Traffic safety zone on NOAA/NOS Chart 18725 in
				  Hueneme Canyon, the ocean waters extending south and east lying between one and
				  three nautical miles from the mainland shore to a line extending true south
				  (180°) from Laguna Point.
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 124.1 - California Halibut Bottom Trawl Vessel Permits

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) California Halibut Bottom Trawl Vessel
				  Permits shall be issued pursuant to Section
				  8494 of
				  the Fish and Game Code.
(b)
				  Renewal. Beginning April 1, 2009, and thereafter, applications and fees
				  specified in Section
				  705 for renewal of California
				  Halibut Bottom Trawl Vessel 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.
1. New
					 section filed 7-8-2008; operative 7-8-2008 pursuant to Government Code section
					 11343.4
					 (Register 2008, No. 28).
2. Amendment of subsection (b) filed
					 10-5-2010; operative 11-4-2010 (Register 2010, No.
					 41).
Note: Authority cited: Sections
						1050
						and
						8494(h),
						Fish and Game Code. Reference: Sections
						1050,
						7852.2
						and
						8494,
						Fish and Game Code.
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 125 - Commercial Rock Crab Permits

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  Permit Required for Take Using Trap Gear.
Effective April 1, 2005, any person using traps to take,
					 possess aboard a vessel, use as bait, or land rock crab, as defined in Fish and
					 Game Code section
					 8275(c),
					 for commercial purposes shall have a valid general trap permit issued pursuant
					 to Fish and Game Code Section
					 9001
					 and either a northern or southern rock crab trap permit as described in this
					 Section that has not been suspended or revoked.
(1) Presence of Permit Holder Aboard a
				  Vessel. At least one rock crab trap permit holder shall be on board at all
				  times when taking, possessing aboard a vessel, using as bait, or landing rock
				  crab using trap gear. If a support vessel is used, a rock crab trap permit
				  holder shall be on each vessel when taking rock crab.
(A) Any person pulling or raising rock crab
				  traps or receivers bearing a commercial fishing license number other than
				  his/her own shall have in his/her possession from the permit holder assigned to
				  said gear written permission to pull the traps and shall possess a valid
				  northern rock crab trap permit or a southern rock crab trap permit depending on
				  which area the traps are set as defined in Sections
				  125(c)(1) and
				  (2).
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 125.1 - Commercial Take of Rock Crab; Size Limit; Use of Rock Crab as Bait; Incidental Take Provisions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  Rock crab, as defined in Fish and Game Code section
				  8275(c),
				  less than 4 ¼ inches, measured across the carapace in a straight line
				  through the body, from edge of shell to edge of shell at the widest part, shall
				  not be taken, possessed, bought, sold, or used as bait.
(b) Measuring requirements. Any person taking
				  rock crab for any commercial purpose or for use as bait shall carry a measuring
				  device and shall measure any rock crab immediately. Undersized rock crab shall
				  be immediately returned to the water.
(c) Incidental take. Only the following
				  species may be taken incidentally in rock crab traps being used to take rock
				  crab under authority of a permit issued pursuant to Section
				  125. All other invertebrates and
				  finfish shall be immediately released to the water.
(1) Kellet's whelk.
(2) Octopus.
(3) Crabs, other than the genus Cancer,
				  subject to limits provided in subsection
				  126
				  (b).
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 126 - Commercial Take of Crabs Not in the Genus Cancer in Trap Gear

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) For the purpose of this section, crabs in
				  the genus Cancer include Dungeness and rock crab as defined in Fish and Game
				  Code subdivisions
				  8275(a) and
				  (c).
(b) Incidental take of crabs not listed in
				  subsection (a) is allowed in rock crab, Dungeness crab, and California spiny
				  lobster trap fisheries as follows:
(1) No more
				  than 25 pounds of each crab species in the Lithodidae family (box crab and king
				  crab) may be possessed onboard a vessel, retained or landed at any time. The
				  amount of Lithodidae species possessed onboard a vessel, retained or landed
				  shall not exceed the amount of rock crab, spiny lobster, or Dungeness crab that
				  are legally possessed onboard the vessel, retained or landed at any
				  time.
(2) Crabs in the genus
Chionecetes
(Tanner crab) may not be taken except under the
				  authority of a Tanner Crab Trap Vessel Permit.
(3) The total allowable catch of sheep crab
				  (spider crab,
Loxorhynchus grandis
) is 95,000 pounds landed
				  during a calendar year. The department will close the fishery at the time that
				  the catch limit is reached, or is projected to be reached, prior to the end of
				  the calendar year. The department shall give no less than 10 days notice to any
				  individual who has landed sheep crab within the previous five years and post
				  notice of closure on the department's website. The department shall give the
				  public and the commission no less than 10 days notice of the closure via a
				  department news release.
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 126.1 - Commercial Take of Tanner Crab

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  Permit Required for Take and Possession Using Trap Gear. Any vessel using traps
				  to take, possess aboard a vessel, or land Tanner crab (
Chionoecetes
				  spp.
) for commercial purposes shall have a valid Tanner Crab Trap
				  Vessel Permit. Tanner crab taken incidentally in other trap fisheries may not
				  be possessed and must be immediately returned to the water unless the vessel is
				  issued a Tanner Crab Trap Vessel Permit. A Tanner Crab Trap Vessel Permit is
				  not required to incidentally take, possess or land Tanner crab with gear other
				  than trap gear. For purposes of this Section, the term "Tanner crab" includes
				  all species of the genus
Chionoecetes
.
(1) Permit Issuance Provisions.
(A) An applicant is eligible to purchase a
				  Tanner Crab Trap Vessel Permit for placement on a vessel if the following
				  conditions are met:
1. The vessel must be
				  issued a valid commercial boat registration pursuant to Fish and Game Code
				  Section
				  7881.
2. The applicant must hold a valid commercial
				  fishing license issued pursuant to Fish and Game Code Section
				  7850.
3. The applicant must submit an application
				  and permit fee as specified in Section
				  705.
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 127 - Commercial Take of Kellet's Whelk

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Method of Take.
(1) Kellet's whelk may be taken incidentally
				  in lobster traps, as defined in Fish and Game Code Section
				  9010,
				  being fished under the authority of a valid lobster permit and in rock crab
				  traps, as defined in Fish and Game Code Section
				  9011(b)(2),
				  being used to take rock crab under a valid southern rock crab trap permit in
				  Districts 19 and 118.5.
(2)
				  Kellet's whelk may be taken by hand by a licensed commercial
				  fisherman.
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 128 - Commercial Taking of Sea Cucumber

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Closed Season. Warty sea cucumber may not
				  be taken for commercial purpose from March 1 through June 14.
(b) All warty sea cucumber taken during the
				  closed season shall be immediately returned to the water. Warty sea cucumber
				  may not be possessed aboard or landed from any commercial fishing vessel during
				  the closed season.
(c) Pursuant to
				  Section 190 of these regulations, each sea
				  cucumber dive permit holder shall complete and submit an accurate record of
				  his/her sea cucumber fishing activities on the logbook form incorporated by
				  reference under Section
				  120.7, of these regulations. The
				  completed daily records shall be sent to the department address specified on
				  the logbook.
1. New
					 section filed 12-21-2017; operative 12-21-2017 pursuant to Government Code
					 section
					 11343.4(b)(3)
					 (Register 2017, No. 51).
Note: Authority cited: Section
						8405.3,
						Fish and Game Code. Reference: Sections
						8026,
						8405.1,
						8405.3
						and
						8500,
						Fish and Game Code.
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 130 - Importation and Inspection of Live Shellfish. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Amendment
					 of subsection (a) filed 1-23-78; effective thirtieth day thereafter (Register
					 78, No. 4). For prior history, see Register 71, No. 5.
2. Amendment
					 of NOTE filed 10-19-81; effective thirtieth day thereafter (Register 81, No.
					 43).
3. Repealer filed 4-1-83; effective upon filing pursuant to
					 Government Code Section
					 11346.2(d)
					 (Register 83, No. 14).
Note: Authority cited: Section
						15600,
						Fish and Game Code. Reference: Section
						15600,
						Fish and Game Code.
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 131 - Fishery Closures Due to Human Health Risk

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The following areas and fisheries are
				  closed pursuant to Fish and Game Code section
				  5523:
(1) The commercial rock crab fishery is
				  closed in all state waters north of 40°.00.00' N. latitude near the
				  Mendocino/Humboldt County line to 40° 30.00' near Cape Mendocino, Humboldt
				  County and from north of 40° 46.15' N. latitude at the north jetty of the
				  Humboldt Bay entrance to the California/Oregon border. State waters extend
				  three nautical miles beyond outermost islands, reefs and
				  rocks.
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 132 - Importation of Crab

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
This section applies only to crab of the species
Cancer magister
. Except as otherwise provided herein, live
					 crab, cooked crabmeat or whole or cracked crab in the shell may be imported
					 into California under the following regulations and conditions:
(a) During the closed season cooked picked
				  crabmeat imported into California must be in containers and each container must
				  bear the name and address of the out-of-state processor.
(b) During the closed season all shipments of
				  cooked crabmeat, or cooked crab in the shells, imported into the State of
				  California shall be accompanied by a manifest, bill of lading, or invoice
				  showing the name and address of the shipper and the name and address of the
				  importer or consignee and the quantity of cooked crabmeat or cooked crab
				  contained in said shipment. Immediately after the receipt of each shipment of
				  cooked crabmeat, or cooked crab, the importer thereof shall furnish the nearest
				  office of the Department of Fish and Game with a copy of the manifest, bill of
				  lading, waybill, or invoice covering each shipment received by said
				  importer.
(c) No cooked crabmeat,
				  cooked whole or cracked crab, or cooked picked crabmeat shall be imported into
				  California by boat or by sea during the closed season for crabs in California.
				  All such importation of crabmeat must be by land or air carrier.
(d) No female crab may be imported into
				  California at any time.
(e) All
				  crabs imported into California at any time must meet the requirements of size
				  as specified in Section
				  8278 of
				  the California Fish and Game Code.
(f) No cooked crabmeat or cooked whole or
				  cracked crab in the shell may be imported at any time into California unless
				  legally taken and possessed in the state or country of origin of such shipment
				  of crab.
(g) Persons importing live
				  crabs into California during the closed season shall comply with the following
				  requirements:
(1) All live crabs imported into
				  California must be accompanied by an invoice, bill of lading or manifest
				  showing the name and address of the shipper, the name and address of the
				  importer or consignee and the quantity of live crabs contained in the
				  shipment.
(2) All containers of
				  live crab shipped into California must bear, on the outside of the container,
				  the name and address of the shipper, the name and address of the importer or
				  consignee, the wording "LIVE DUNGENESS CRAB" in addition to the documentation
				  required by subsection
				  132(g)(1).
(3) All crab distributed by the importer or
				  consignee must be accompanied by documentation indicating "live imported
				  Dungeness crab" in addition to the documentation required by subsection
				  132(g)(1).
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 132.1 - Dungeness Crab Trap Tags, Biennial Buoy Tags, and Trap and Buoy Tag Allocations

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  Dungeness Crab Trap Tags. Every Dungeness crab trap aboard a permitted
				  Dungeness crab vessel and fished in California waters shall have a valid tag
				  attached to the Dungeness crab trap.
(1)
				  Dungeness crab trap tags shall be supplied by the owner of the Dungeness crab
				  trap and shall contain the trap owner's telephone number.
(2) A Dungeness crab trap tag is required on
				  Dungeness crab traps onboard a permitted Dungeness crab vessel.
(3) If the information on the tag is
				  illegible or incorrect, or if the tag is missing from the Dungeness crab trap
				  for any reason, the trap shall be considered not in compliance, and shall not
				  be used to take Dungeness crab for commercial purposes.
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 132.2 - Retrieval of Commercial Dungeness Crab Traps

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  Permitted Dungeness crab vessels shall not possess, use, control, or operate
				  any commercial Dungeness crab trap without a buoy tag assigned to that vessel
				  except:
(1) To set gear as allowed under
				  Section
				  8280.7
				  of the Fish and Game Code; or
(2)
				  Notwithstanding Fish and Game Code Section
				  9002,
				  to retrieve from the ocean and transport to shore another permitted Dungeness
				  crab vessel's commercial Dungeness crab trap that is lost, damaged, abandoned,
				  or otherwise derelict, provided that:
(A) No
				  more than six (6) derelict commercial Dungeness crab traps may be retrieved per
				  fishing trip.
(B) The retrieving
				  vessel shall return to the ocean waters immediately any crab found in a
				  retrieved commercial Dungeness crab trap.
(C) Immediately upon retrieval of a
				  commercial Dungeness crab trap the retrieving vessel operator shall document in
				  the retrieving vessel's log the date and time of the trap retrieval, number of
				  retrieved Dungeness crab traps, the location of the retrieval, and any tag
				  information or buoy markings present on the retrieved trap.
(D) Any retrieved commercial Dungeness crab
				  trap shall be transported to shore during the same fishing trip that retrieval
				  took place.
(E) Notwithstanding
				  subsection (a)(2)(A), from July 16 through October 31 or as authorized by the
				  Director during a fishery closure pursuant to Section
				  132.8, an unlimited number of
				  commercial Dungeness crab traps may be retrieved per fishing trip and
				  transported to shore during the same fishing
				  trip.
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 132.3 - Biennial Dungeness Crab Trap Limit Permit

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A person who purchases a valid Dungeness
				  crab vessel permit shall also purchase a valid biennial Dungeness Crab Trap
				  Limit Permit along with all of the buoy tags for that permitholder's tier to
				  take Dungeness crab for commercial purposes using trap gear; otherwise, the
				  Dungeness crab vessel permit shall be void.
(b) Fee. A biennial Dungeness Crab Trap Limit
				  Permit may be issued to any person who has a valid Dungeness crab vessel permit
				  that has not been suspended or revoked. The fee for a Dungeness Crab Trap Limit
				  Permit shall be $1,000.00.
1. New
					 section filed 3-27-2013; operative 3-27-2013 pursuant to Government Code
					 section
					 11343.4(b)(3)
					 (Register 2013, No. 13).
2. Amendment of subsection (a) filed
					 10-30-2018; operative 10-30-2018 pursuant to Government Code section
					 11343.4(b)(3)
					 (Register 2018, No. 44).
Note: Authority cited: Section
						8276.5,
						Fish and Game Code. Reference: Section
						8276.5,
						Fish and Game Code.
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 132.4 - Replacement Procedures for Lost Dungeness Crab Buoy Tags

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Dungeness crab buoy tags shall be replaced under the
					 following conditions:
(a) In-Season
				  Replacement Buoy Tags
(1) Starting 30 days
				  after the season opener in the California management area where the Dungeness
				  crab permitholder began the Dungeness crab season, a maximum number of
				  replacement buoy tags may be issued as follows:
Tier
Buoy
							 Tag Allocation
Maximum Replacement Buoy
							 Tags
1
500
50
2
450
45
3
400
40
4
350
35
5
300
30
6
250
25
7
175
18
(2)
				  The permitholder shall submit an In-Season Replacement Dungeness Crab Buoy Tag
				  Affidavit (FG1303, rev. 1/13), signed under penalty of perjury by the Dungeness
				  crab permitholder, to the department's License and Revenue Branch. The
				  affidavit shall include:
(A) The number of
				  replacement buoy tags requested; and
(B) Payment of the nonrefundable replacement
				  tag fee for each in-season replacement buoy tag. The fee for each tag shall be
				  $1.00.
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 132.5 - Appeal of Dungeness Crab Trap and Buoy Tag Allocations and Deadlines

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Appeal.
(1) A permitholder may request an appeal of
				  their Dungeness crab trap and buoy tag allocation by submitting the request to
				  the department's License and Revenue Branch, 1740 N. Market Blvd., Sacramento,
				  CA 95834. The request for an appeal shall be postmarked no later than March 31,
				  2014. The department shall not accept a request for an appeal that is
				  postmarked after this date.
(A) An appeal to
				  revise upward a Dungeness crab trap and buoy tag allocation shall be submitted
				  to the department in the form of a notarized letter, and shall include the
				  nonrefundable filing fee of $3,044.00. The appeal shall include a statement
				  from the permitholder that identifies the tier to which the permitholder wants
				  to be transferred and that the permitholder's decision is permanent and shall
				  not be revoked or canceled. The appeal shall include evidence to document the
				  circumstances for appeal, including evidence that a permit's California
				  landings during the period between November 15, 2003, and July 15, 2008,
				  inclusive, were reduced as a result of unusual circumstances and that these
				  circumstances constitute an unfair hardship, taking into account the overall
				  California landings history as indicated by landing receipts associated with
				  the permit. Within 12 months of the postmarked date on a request for an appeal
				  the department shall submit a written request to the Office of Administrative
				  Hearings (OAH) to set a hearing. A party may request judicial review by filing
				  a petition for writ of mandate in accordance with Section
				  1094.5
				  of the Code of Civil Procedure within 30 days from the date of service
				  (postmark) of the decision.
(B) An
				  appeal to revise downward a Dungeness crab trap and buoy tag allocation shall
				  be submitted to the department in the form of a notarized letter and shall
				  include the nonrefundable filing fee of $250.00. The appeal shall include a
				  statement from the permitholder that identifies the tier to which the
				  permitholder wants to be transferred and that the permitholder's decision is
				  permanent and shall not be revoked or canceled. An appeal to revise downward
				  shall be decided by the department within 12 months of the postmarked date on a
				  request for an appeal to revise downward.
(C) Any Dungeness crab permitholder
				  requesting an appeal may apply to the administrative law judge for a waiver of
				  the appeal fees. In making the determination, the administrative law judge may
				  only consider medical hardship or military service occurring during the tier
				  qualifying window period of November 15, 2003, through July 15,
				  2008.