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 147 - Granting and Issuance of Permits to Take and Use Anchovies by a Reduction Process

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Anchovies shall not be taken, possessed, landed, or
					 processed for reduction purposes except under revocable permits issued pursuant
					 to this section. Anchovies may be taken for reduction purposes in the Northern
					 Permit Area from August 1 to June 30. Anchovies may be taken for reduction
					 purposes in the Southern Permit Area from September 15 to June 30.
(a) Permits to Take, Possess, Land or
				  Transport Anchovies.
(1) To Whom Issued.
				  Revocable permits shall be issued to the owner or operator of a currently
				  registered California commercial fishing vessel. Permits may not be transferred
				  from one boat to another without authorization from the department. The
				  individual to whom the permit is issued must be aboard when fishing for
				  anchovies for reduction purposes. Any permittee whose permit has been revoked
				  may not take or assist in taking anchovies for reduction purposes for the
				  remainder of the season.
(2) 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.
(3) Conditions of
				  Permits.
(A) Suspension of Permits. When the
				  harvest quotas established by the commission in subsection (a)(3)(F) are close
				  to being reached, the department will notify all permit holders of the closing
				  date 48 hours prior thereto.
(B)
				  Gear Specifications:
1. It is unlawful for
				  any permittee to use a roundhaul net, with a wet-stretch mesh size less than 
				  10/16 of an
				  inch, except that the bag portion of a purse seine net may have a wet-stretch
				  mesh size of not less than 
				  8/16 of an
				  inch, to take anchovies for reduction purposes. The bag portion of a purse
				  seine net shall be constructed as a single unit and shall not exceed 12.5
				  percent of the total area of the net.
2. It is unlawful for any permittee to
				  possess aboard his fishing vessel any fishing gear contrary to the above
				  specifications when anchovies taken for reduction purposes are possessed aboard
				  the vessel.
3. Minimum 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.
4.
				  Notwithstanding these gear specifications, a permittee may, until April 1,
				  1986, possess and use a roundhaul net of smaller mesh size if, prior to use,
				  the permittee has notified the department and has demonstrated to the
				  department that the net was used in the California anchovy reduction fishery
				  prior to May 24, 1983.
(C) Gear Inspection. Fishing gear possessed
				  aboard a permittee's vessel shall be subject to inspection by the department at
				  all times to determine compliance with gear specification requirements
				  specified in subsection (a)(3)(B).
(D) Vessel Identification. The operator of
				  any boat engaged in taking anchovies under these regulations shall at all times
				  while operating such boat identify it by displaying on an exposed part of the
				  superstructure, amidship on each side and on top of the house visible from the
				  air, the department's registration number of the boat in 14-inch black numerals
				  on white background.
(E)
				  Declaration of Intent to Take, Possess, Land or Transport Anchovies for
				  Reduction Purposes.
1. The provisions of
				  subsection (a)(3)(E) shall apply only to vessels taking anchovies for reduction
				  purposes as described in subsection (a)(3)(F)1. and 2.
2. No vessel shall be operated to take, carry
				  or deliver anchovies for reduction purposes unless a declaration of intent has
				  been filed regarding said vessel in accordance with these
				  regulations.
3. Before a vessel
				  operator can file a declaration of intent as required by subsection (a)(3)(E)
				  he must be the operator of a vessel duly registered as provided by section
				  7881 of
				  the Fish and Game Code, and must possess a valid commercial fishing
				  license.
4. No vessel operating
				  under the authority of a declaration of intent filed pursuant to these
				  regulations shall take, carry or deliver anchovies for any purpose other than
				  reduction except when taking anchovies for canning or live bait purposes as
				  provided in subsection (a)(3)(E)12 of these regulations, or when operating
				  pursuant to an exception filed in accordance with subsection (a)(3)(E)5 of
				  these regulations. When operating under the authority of an exception, no
				  anchovies may be taken for reduction purposes.
5. During the period for which the
				  declaration is in force and effect, a named vessel may be used to take, carry
				  and deliver anchovies for other than reduction purposes if, and only if,
				  operator files an exception in accordance with the following provisions:
a. When the operator intends to use said
				  vessel to take anchovies for purposes other than reduction, he shall so notify
				  the department's Seal Beach office, 3030 Old Ranch Parkway, Suite 400, Seal
				  Beach, CA 90740, either by letter or fax to (562) 596-0342, prior to the
				  commencement of fishing. This notice shall be posted or sent prior to the
				  commencement of fishing and shall be effective only on the vessel
				  named.
b. The notice shall contain
				  the following information: the calendar days for which the exception is to be
				  effective; the purpose for which the anchovies are to be taken; and the name
				  and registration number of the vessel.
6. Declaration of intent shall be filed with
				  the department during normal working hours at the San Diego, 3883 Ruffin Rd.,
				  San Diego, CA 92123, or Seal Beach, 3030 Old Ranch Parkway, Suite 400, Seal
				  Beach, CA 90740, offices of the department. The declaration of intent shall be
				  filed on forms furnished by the department.
7. Each declaration of intent shall specify
				  the vessel to which it applies. Only one vessel may be specified on any one
				  declaration, but a qualified applicant may file separate declarations for more
				  than one vessel.
8. Except as
				  otherwise provided, any declaration of intent filed pursuant to these
				  regulations shall be in force only during the open season, or if filed after
				  the beginning of such term, for the remainder thereof.
9. A copy of each declaration filed under
				  subsection (a)(3)(E) to take anchovies shall be carried aboard the vessel to
				  which it relates and shall be exhibited upon demand to the authorized
				  representative of any reduction plant to which said vessel is delivering
				  anchovies and upon demand to any officer of the department.
10. No vessel which has filed a declaration
				  of intent to take, carry and deliver anchovies for purposes of reduction and
				  has filed no exception thereto shall place any net in the water for the purpose
				  of taking anchovies in any unauthorized area. In the event of any violation of
				  this section, the operator of said vessel shall be deemed in violation
				  thereof.
11. Whenever anchovies are
				  possessed aboard a vessel for which declaration of intent to take, carry and
				  deliver anchovies for reduction purposes has been filed and such declaration is
				  in full force and effect, and not then subject to any notice of exception
				  pursuant to subsection (a)(3)(E)5, it shall be conclusively presumed that said
				  anchovies were taken and were being carried for reduction purposes.
12. Notwithstanding the other provisions of
				  subsection (a)(3)(E), vessels operating under a declaration of intent to take
				  anchovies for reduction purposes may also take anchovies for canning purposes,
				  pursuant to the appropriate sections of the Fish and Game Code and of this
				  section, and may also take anchovies for live bait purposes, providing that all
				  conditions, laws, and regulations pertaining to the reduction fishery are
				  adhered to while so engaged in live bait fishing.
(F) Permit Areas and Quotas.
1. Northern Permit Area. The area shall
				  include the waters of the Pacific Ocean between the California-Oregon border
				  and a line extending due west (true) from Point Buchon. Anchovies taken under
				  the provisions of these regulations may be taken in all waters of the northern
				  permit area described above, with the following exceptions: within Districts 2,
				  8, 9, 11, 12, 13, 15; the waters of Bodega and Tomales Bay; that portion of
				  District 10 lying inshore of a line beginning at Pigeon Point (San Mateo
				  County) northwesterly in a straight line to the U.S. Navigation Light on S.E.
				  Farallon Island, northerly in a straight line to the U.S. Navigation Light on
				  Pt. Reyes (Marin County); that portion of District 16 lying southerly of the
				  Monterey Breakwater magnetic east to shoreline; that portion of District 18
				  within three miles of shore in the area lying between a line drawn magnetic
				  west of Point Estero and a line drawn magnetic west of Point Buchon; and that
				  portion of District 18 within three miles of shore in that area lying between a
				  line drawn magnetic west of Point San Luis and a line drawn magnetic west of
				  Arroyo Grande Creek.
2. Southern
				  Permit Area. The area shall include the waters of the Pacific Ocean between the
				  United States-Mexico International Boundary and a line extending due west
				  (true) from Point Buchon. Anchovies taken under the provisions of these
				  regulations may be taken in all waters of the southern permit area described
				  above, with the following exceptions: within three miles of the mainland shore
				  south of Point Buchon and in all districts or portions of districts where and
				  at such times as the use of round-haul nets is prohibited; within four miles of
				  the mainland shore between lines running 235° magnetic from the steam plant
				  stack at Mandalay Beach and 205° magnetic from the steam plant stack at
				  Ormond Beach; within the area encompassed by a line extending six miles
				  165° magnetic from Point Fermin, thence to a point located three miles
				  offshore on a line 210° magnetic from Huntington Beach pier; within six
				  miles of the mainland shore south of a line running 210° magnetic from the
				  tip of the outer breakwater of Oceanside Harbor.
3. Quotas. If the department or department's
				  designee does not produce a northern anchovy biomass estimate, total tonnage
				  reserved for a harvest quota is 5,000 tons and is established on August 1 of
				  each year. This quota is allocated evenly between northern and southern permit
				  areas.
4. Adjustments to Quotas. If
				  during the season the maximum quota set by the commission for the northern or
				  southern permit areas should be approached, the commission will consider an
				  increase in the quota for the area approaching its quota. After May 15, any
				  tonnage remaining in the quota for the northern permit area will be made
				  available to southern area permittees.