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

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
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.