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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 5 - Native Reptiles and Amphibians › Section 40.00 - Protected Amphibians. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1.
					 Renumbering of chapter 5 to chapter 7 and new chapter 5 (sections
					 40.00 through
					 40.15, not consecutive) filed
					 1-16-74; designated effective 3-1-74 (Register 74, No. 3).
2.
					 Amendment of NOTE filed 12-31-80; effective thirtieth day thereafter (Register
					 81, No. 1).
3. Repealer of chapter 5 (sections
					 40.00-40.15, not consecutive) and
					 new chapter 5 (sections
					 40.00-40.15, not consecutive)
					 filed 2-17-82; designated effective 3-1-82 (Register 82, No. 8). For prior
					 history, see Register 79, No. 1.
4. Amendment of chapter 5 heading
					 and repealer and new section
					 40.00 filed 1-20-83; designated
					 effective tenth day thereafter (Register 83, No. 4).
5. Amendment of
					 undesignated introductory paragraph and NOTE filed 4-18-91; operative 5-18-91
					 (Register 91, No. 21).
6. Editorial correction of printing error in
					 first paragraph (Register 91, No. 31).
7. Amendment of section and
					 NOTE filed 3-7-94; operative 3-7-94 pursuant to Fish and Game Code sections
					 202 and
					 215
					 (Register 94, No. 10).
8. Repealer filed 9-10-96; operative 9-10-96
					 pursuant to Fish and Game Code sections
					 202 and
					 215
					 (Register 96, No. 37).
Note: Authority cited: Sections
						200,
						202,
						205,
						210,
						219 and
						220,
						Fish and Game Code. Reference: Sections
						200-
						202,
						205-
						210 and
						220,
						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 5 - Native Reptiles and Amphibians › Section 40.05 - Amphibians Except Protected Amphibians. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Amendment
					 of subsections (a), (c) and (e) filed 1-20-83; designated effective tenth day
					 thereafter (Register 83, No. 4).
2. New subsection (f) filed
					 2-21-84; designated effective 3-1-84 (Register 84, No. 8).
3. New
					 subsection (e)(3) and amendment of subsection (e)(1) and NOTE filed 3-7-94;
					 operative 3-7-94 pursuant to Fish and Game Code sections
					 202 and
					 215
					 (Register 94, No. 10).
4. Repealer filed 9-10-96; operative 9-10-96
					 pursuant to Fish and Game Code sections
					 202 and
					 215
					 (Register 96, No. 37).
Note: Authority cited: Sections
						200,
						202,
						205,
						210,
						219 and
						220,
						Fish and Game Code. Reference: Sections
						200-
						202,
						205-
						210,
						215 and
						218-
						221 and
						2050-
						2055,
						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 5 - Native Reptiles and Amphibians › Section 40.10 - Protected Reptiles. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Repealer
					 and new section filed 1-20-83; designated effective tenth day thereafter
					 (Register 83, No. 4).
2. Editorial correction of subsection (r)
					 filed 3-15-83 (Register 83, No. 12).
3. Amendment of subsection (b)
					 filed 3-12-92; operative 3-12-92 (Register 92, No. 20).
4. Amendment
					 of section and NOTE filed 3-7-94; operative 3-7-94 pursuant to Fish and Game
					 Code sections
					 202 and
					 215
					 (Register 94, No. 10).
5. Repealer filed 9-10-96; operative 9-10-96
					 pursuant to Fish and Game Code sections
					 202 and
					 215
					 (Register 96, No. 37).
Note: Authority cited: Sections
						200,
						202,
						205,
						210,
						219 and
						220,
						Fish and Game Code. Reference: Sections
						200-
						202,
						205-
						210,
						215 and
						218-
						221,
						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 5 - Native Reptiles and Amphibians › Section 40.15 - Reptiles Except Protected Reptiles. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Repealer
					 and new section filed 1-20-83; designated effective tenth day thereafter
					 (Register 83, No. 4).
2. Editorial correction of subsection (e)(2)
					 filed 3-15-83 (Register 83, No. 12).
3. Amendment of subsection
					 (e)(2) filed 7-1-83; effective thirtieth day thereafter (Register 83, No.
					 27).
4. Amendment of subsections (a)(1) and (e)(2) filed 2-28-85 as
					 an emergency; designated effective 3-1-85. Certificate of Compliance included
					 (Register 85, No. 11).
5. Amendment of subsection (e)(2) filed
					 1-22-86; designated effective 3-1-86 (Register 86, No. 6).
6.
					 Amendment of subsection (c)(9) filed 3-12-92; operative 3-12-92 (Register 92,
					 No. 20).
7. Amendment of section and NOTE filed 3-7-94; operative
					 3-7-94 pursuant to Fish and Game Code sections
					 202 and
					 215
					 (Register 94, No. 10).
8. Repealer filed 9-10-96; operative 9-10-96
					 pursuant to Fish and Game Code sections
					 202 and
					 215
					 (Register 96, No. 37).
Note: Authority cited: Sections
						200,
						202,
						205,
						210,
						219 and
						220,
						Fish and Game Code. Reference: Sections
						200-
						202,
						205-
						210,
						215 and
						218-
						221,
						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 5 - Native Reptiles and Amphibians › Section 41 - Protected Amphibians. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
					 section filed 7-1-83; effective thirtieth day thereafter (Register 83, No.
					 27).
2. Amendment of subsection (b) and NOTE filed 4-18-91;
					 operative 5-18-91 (Register 91, No. 21).
3. Repealer and new section
					 filed 9-10-96; operative 9-10-96 pursuant to Fish and Game Code sections
					 202 and
					 215
					 (Register 96, No. 37).
4. Repealer filed 1-10-2002; operative
					 1-1-2002 pursuant to Fish and Game Code sections
					 202 and
					 215
					 (Register
					 2002,
					 No. 2).
Note: Authority cited: Sections
						200,
						202,
						205,
						210,
						219 and
						220,
						Fish and Game Code. Reference: Sections
						200-
						202,
						205,
						206,
						209,
						210 and
						220,
						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 5 - Native Reptiles and Amphibians › Section 41.5 - Amphibians Except Protected Amphibians. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
					 section filed 9-10-96; operative 9-10-96 pursuant to Fish and Game Code
					 sections
					 202 and
					 215
					 (Register 96, No. 37).
2. Repealer filed 1-10-2002; operative
					 1-1-2002 pursuant to Fish and Game Code sections
					 202 and
					 215
					 (Register
					 2002,
					 No. 2).
Note: Authority cited: Sections
						200,
						202,
						205 and
						220,
						Fish and Game Code. Reference: Sections
						200,
						202,
						205 and
						220,
						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 5 - Native Reptiles and Amphibians › Section 41.7 - Commercial Take and Use of Frogs for Human Consumption

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
No person shall for commercial purposes take, possess,
					 sell, transport or export frogs for human consumption. This section shall not
					 apply to frogs raised by registered aquaculturists or frogs imported into this
					 state. Any person possessing frogs for human consumption, whether imported or
					 purchased from a registered aquaculturist, shall maintain and keep receipts,
					 waybills, or bills of lading dealing with the importation, purchase, or sale of
					 frogs for a period of one year from the date of receipt of the frogs, and shall
					 exhibit these on demand to any official of the department.
1. New
					 section filed 9-10-96; operative 9-10-96 pursuant to Fish and Game Code
					 sections
					 202 and
					 215
					 (Register 96, No. 37).
Note: Authority cited: Sections
						6851
						and
						15005,
						Fish and Game Code. Reference: Sections
						6850,
						6851,
						6852,
						6854,
						6855
						and
						15005,
						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 5 - Native Reptiles and Amphibians › Section 42 - Commercial Use and Possession of Native Rattlesnakes for Biomedical and Therapeutic Purposes

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  Except as otherwise provided in these regulations, it shall be unlawful for
				  persons without a valid Commercial Native Rattlesnake Permit issued by the
				  department to:
(1) possess, propagate,
				  exchange, or transport native rattlesnakes for commercialized venom
				  extraction;
(2) sell, import, or
				  export native rattlesnake venom or products derived from native rattlesnake
				  venom for commercial purposes; or
(3) purchase native rattlesnakes from a
				  biological supply house, permitted through Section
				  651, for the purpose of developing
				  and selling biomedical and therapeutic products.
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 5 - Native Reptiles and Amphibians › Section 42.5 - Reptiles Except Protected Reptiles. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
					 section filed 9-10-96; operative 9-10-96 pursuant to Fish and Game Code
					 sections
					 202 and
					 215
					 (Register 96, No. 37).
2. Repealer filed 1-10-2002; operative
					 1-1-2002 pursuant to Fish and Game Code sections
					 202 and
					 215
					 (Register
					 2002,
					 No. 2).
Note: Authority cited: Sections
						200,
						202,
						205 and
						220,
						Fish and Game Code. Reference: Sections
						200,
						202,
						205 and
						220,
						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 5.5 - Fishery Management Plans › Article 1 - Fishery Management Plans Generally › Section 50.00 - Application and Location of Fishery Management Plan Regulations, and Designation of Weight in Pounds

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
					 Unless specified otherwise in a fishery management plan, or regulations adopted
					 to implement a fishery management plan, the provisions of Article 1, Chapter
					 5.5, of Subdivision
					 1 apply to a fishery management
					 plan (FMP) adopted by the Fish and Game Commission under authority of the
					 Marine Life Management Act (MLMA) and other applicable state and federal laws
					 and regulations.
(b) A regulation
					 implementing a fishery management plan that is applicable to both sport and
					 commercial fisheries is found in this Chapter. A fishery management plan
					 regulation that is specific to ocean sport fishing is found with ocean
					 sportfishing regulations in Chapter 4 of Subdivision
					 1, beginning with Section
					 27.00. A fishery management plan
					 regulation specific to commercial fishing is found with commercial fishing
					 regulations in Chapter 6 of Subdivision
					 1 beginning with Section
					 100.
(c) The presentation of fisheries and
					 population data will be made using weight in pounds as the standard, unless
					 designated otherwise in regulations adopted specific to a fishery management
					 plan.
1. New
						article 1 (sections
						50.00-50.03) and section filed
						7-31-2002; operative 8-30-2002 (Register 2002, No.
						31).
Note: Authority cited: Section
						  7071,
						  Fish and Game Code. Reference: Sections
						  7071
						  and
						  7075,
						  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 5.5 - Fishery Management Plans › Article 1 - Fishery Management Plans Generally › Section 50.02 - Plan Amendment

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
					 The following actions shall first require amendment of a Fishery Management
					 Plan (FMP):
(1) change to a management
					 objective;
(2) change of species in
					 the management plan;
(3) change in
					 the definition of an overfished stock as defined in the FMP;
(4) amendment to any procedure required by
					 the FMP; and
(5) revision to any
					 management measure which is fixed in the FMP.
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 5.5 - Fishery Management Plans › Article 1 - Fishery Management Plans Generally › Section 50.03 - Framework Review Processes

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
					 Two processes for taking management action are available to implement routine
					 annual changes in management of fish stocks and fisheries within the Framework
					 Review Process.
(1)
Rulemaking
					 Action:
The commission may conduct a rulemaking action pursuant to the
					 Administrative Procedure Act including holding at least two or more commission
					 meetings to hear, consider and approve measures affecting any aspect of
					 management and fisheries, including direct allocation of a catch quota or an
					 optimum yield, with adoption of regulations reflecting the commission's
					 action.
(2)
Prescribed
					 action:
A prescribed action is ministerial and may include a fishing
					 season or gear closure when a harvest quota has been achieved or include other
					 actions to meet sustainable management goals when the prescribed action is
					 nondiscretionary and specifically provided for in existing regulation such that
					 no further rulemaking under Subsection (a)(1) is required.
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 5.5 - Fishery Management Plans › Article 2 - White Seabass Fishery Management Plan › Section 51.00 - Purpose and Scope

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
					 This Article implements the White Seabass Fishery Management Plan (WSFMP or
					 plan), as adopted and amended by the California Fish and Game Commission
					 consistent with the goals, objectives and procedures of the WSFMP and the
					 Marine Life Management Act of 1998. These regulations, in combination with
					 other applicable provisions of the Fish and Game Code and Title 14, CCR, govern
					 management and regulation of white seabass stocks and fisheries.
(b) A regulation implementing this fishery
					 management plan that is applicable to both sport and commercial fisheries is
					 found in this Chapter. A fishery management plan regulation that is specific to
					 ocean sport fishing is found with ocean sportfishing regulations in Chapter 4
					 of Subdivision
					 1, beginning with Section
					 27.00. A fishery management plan
					 regulation specific to commercial fishing is found with commercial fishing
					 regulations in Chapter 6 of Subdivision
					 1 beginning with Section
					 155.
1. New
						article 2 (sections
						51.00-51.05) and section filed
						7-31-2002; operative 8-30-2002 (Register 2002, No.
						31).
Note: Authority cited: Section
						  7071,
						  Fish and Game Code. Reference: Sections
						  7070,
						  7071
						  and
						  7075,
						  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 5.5 - Fishery Management Plans › Article 2 - White Seabass Fishery Management Plan › Section 51.01 - Definitions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
These definitions are in addition to those definitions
						specified in Section
						50.01.
(a)
Fishing year
under the
					 White Seabass Management Plan means the period from September 1 through August
					 31.
(b)
Overfished
					 stock
means that the total annual commercial catch of white seabass in
					 pounds reported landed on fish receipts provided to the department for the past
					 two consecutive years declined each year by 20 percent or greater from the
					 prior five-year average of landings, a 20 percent decline occurs in the number
					 of fish and average size of fish (round weight) for the same two consecutive
					 years for white seabass caught in the sport fishery as determined based on best
					 available data, and recruitment indices for juvenile white seabass decline each
					 year by 30 percent or greater from the prior 5-year average of recruitment.
					 This definition will remain in use until the White Seabass Scientific and
					 Constituent Advisory Panel (WSSCAP) develops, and the commission adopts by
					 regulation, a different definition [required by Fish and Game Code Subsection
					 7086(a)]
					 .
(c)
Point of
					 concern
means one or more of the following conditions affecting white
					 seabass that, if found or expected to exist, may trigger the application or
					 adjustment of one or more management measures by the commission.
(1) catch is expected to exceed the current
					 harvest guideline or quota;
(2) any
					 adverse or significant change in the biological characteristics of white
					 seabass (age composition, size composition, age at maturity, or recruitment) is
					 discovered;
(3) an overfishing
					 condition exists or is imminent;
(4) any adverse or significant change in the
					 availability of a managed species' forage for dependent species or in the
					 status of a dependent species is discovered;
(5) new information on the status of white
					 seabass;
(6) an error in data or a
					 stock assessment is detected that significantly changes estimates of impacts
					 due to current management.
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 5.5 - Fishery Management Plans › Article 2 - White Seabass Fishery Management Plan › Section 51.02 - Process and Timing

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
					 White seabass management will conform with the goals, objectives, criteria, and
					 procedures of the White Seabass Fishery Management Plan and other applicable
					 laws and regulations, including the points of concern, socioeconomic, and
					 framework review processes.
(b) The
					 director may appoint a White Seabass Scientific and Constituent Advisory Panel
					 (WSSCAP) to assist the department and commission with review of white seabass
					 fishery assessments, management proposals, and plan amendments. Membership on
					 the WSSCAP should be reserved for those knowledgeable in the principals of
					 fisheries science, including stock assessment, and/or those interested in, and
					 involved with, white seabass resource and fisheries. The director may by
					 regulation determine the terms and conditions of membership on the
					 WSSCAP.
(c) Monitoring and
					 assessment of white seabass fisheries shall be conducted annually utilizing
					 best available data, but at a minimum, the collection and review of reported
					 catches. The department will provide management recommendations to the
					 commission annually, and in-season if needed, based on criteria to be developed
					 by the department's White Seabass Management Team in cooperation with the White
					 Seabass Scientific and Constituent Advisory Panel, for approval by the
					 commission by regulation.
(d) When
					 acting to adjust management of a species within a fishery management unit based
					 on non-biological and socioeconomic issues, the commission will follow the
					 process specified in the fishery management plan and Section
					 50.03.
(e) Annual specifications and management
					 measures are generally developed in the fall and considered and adopted at two
					 commission meetings held during the period from November through April
					 depending on the timing and complexity of the issues. However, management
					 measures and actions may be developed, considered, adopted, and implemented at
					 any time of year according to the criteria and procedures of the points of
					 concern process.
1. New
						section filed 7-31-2002; operative 8-30-2002 (Register 2002, No.
						31).
Note: Authority cited: Section
						  7071,
						  Fish and Game Code. Reference: Sections
						  7071,
						  7075,
						  7082
						  and
						  7083,
						  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 5.5 - Fishery Management Plans › Article 2 - White Seabass Fishery Management Plan › Section 51.04 - Allocation

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Allocation of
					 an annual white seabass harvest between recreational and commercial fisheries
					 will be determined consistent with options specified in the White Seabass
					 Fishery Management Plan.
(b) The
					 commission shall consider at least the following factors in the allocation of
					 white seabass:
(1) present participation in
					 and dependence on the fisheries, including alternative fisheries;
(2) historical fishing practices in, and
					 historical dependence on, the fisheries;
(3) the economics of the fisheries;
(4) any agreement between the affected
					 participants in the fisheries;
(5)
					 potential biological impacts on white seabass, associated species or their
					 habitats affected by the allocation; and
(6) consistency with the goals and objectives
					 of this WSFMP and the MLMA.
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 5.5 - Fishery Management Plans › Article 2 - White Seabass Fishery Management Plan › Section 51.05 - Harvest Control Rules

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
					 Harvest control rules adopted pursuant to Section
					 50.03 that specify either status
					 quo management or the pounds of white seabass that may be taken annually shall
					 be selected by the commission from options provided in the White Seabass
					 Fishery Management Plan (WSFMP) as follows:
Option B2: The MSY proxy is computed as approximately 40
						percent of the estimated pristine stock size (40 million pounds) modified by
						natural mortality (0.1). The MSY proxy is then adjusted downward by multiplying
						by 0.75 to obtain the OY of 1.2 million pounds.
(b) The commission may use any combination of
					 management measures to meet an annual OY for white seabass.
1. New
						section filed 7-31-2002; operative 8-30-2002 (Register 2002, No.
						31).
Note: Authority cited: Section
						  7071,
						  Fish and Game Code. Reference: Sections
						  7071,
						  7075,
						  7082
						  and
						  7083,
						  Fish and Game Code; Section
						  5.6, White Seabass Fishery
						  Management Plan.
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 5.5 - Fishery Management Plans › Article 3 - Nearshore Fishery Management Plan › Section 52.00 - Purpose and Scope

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
					 This Article implements the Nearshore Fishery Management Plan (Nearshore FMP or
					 plan), as adopted by the California Fish and Game Commission (Commission)
					 consistent with the goals, objectives and procedures of the Nearshore FMP and
					 the Marine Life Management Act of 1998, and applicable federal groundfish
					 regulations. These regulations, in combination with other applicable provisions
					 of the Fish and Game Code, Title 14, California Code of Regulations (CCR), and
					 federal groundfish regulations, govern management and regulation of nearshore
					 fish stocks and fisheries.
(b)
					 Regulations adopted by the commission specific to sport fishing for nearshore
					 fish stocks are included with ocean sport fishing regulations in Chapter 4,
					 beginning with Section
					 27.00, Title 14, CCR. A regulation
					 specific to commercial fishing for nearshore fish stocks is included with
					 commercial fishing regulations in Chapter 6, beginning with Section
					 150, Title 14, CCR.
1.
						Amendment of article heading and new section filed 1-9-2003; operative 2-8-2003
						(Register 2003, No. 2).
Note: Authority cited: Sections
						  7071
						  and
						  8587.1,
						  Fish and Game Code. Reference: Sections
						  7070,
						  7071,
						  7075,
						  7078,
						  7083
						  and
						  8587.1,
						  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 5.5 - Fishery Management Plans › Article 3 - Nearshore Fishery Management Plan › Section 52.02 - Process and Timing

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
					 Management of nearshore fish stocks will conform with the goals, objectives,
					 criteria, procedures, and Fishery Control Rule guidelines of the Nearshore
					 Fishery Management Plan, and other applicable state and federal laws and
					 regulations.
(b) Monitoring and
					 assessment of nearshore fisheries will be conducted annually, and, at a
					 minimum, will include the collection and review of reported catches. The
					 department will provide management recommendations to the commission annually,
					 and in-season if a need is identified.
(c) The director may establish and appoint
					 members to advisory committees, including regional advisory committees (RACs),
					 to assist the department with development and review of fishery assessments,
					 management options and proposals, and plan amendments.
(d) Management measures and actions may be
					 developed, considered, adopted in compliance with the Administrative Procedure
					 Act, and implemented at any time of year to achieve management plan goals and
					 objectives, and may apply to any or all management areas, or portions of
					 management areas at the discretion of the commission.
1. New
						section filed 1-9-2003; operative 2-8-2003 (Register 2003, No.
						2).
Note: Authority cited: Section
						  7071
						  and
						  7652,
						  Fish and Game Code. Reference: Sections
						  7071,
						  7075,
						  7083
						  and
						  7652,
						  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 5.5 - Fishery Management Plans › Article 3 - Nearshore Fishery Management Plan › Section 52.03 - Nearshore Fishery Management Plan (Nearshore Fmp) Project

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
					 Department's Recommended Proposed Project in the Nearshore FMP (Plan) involving
					 a combination of Fishery Control Rules, Allocation, Regional Management, Marine
					 Protected Areas (MPAs), Restricted Access, and other management measures
					 described in the Nearshore FMP will be utilized in managing nearshore fisheries
					 toward meeting goals and objectives of the Plan.
(b) A fishery management measure may be
					 selected and inserted instead of, or in addition to, measures included in the
					 adopted Nearshore FMP Project where specified in statute or
					 regulation.
1. New
						section filed 1-9-2003; operative 2-8-2003 (Register 2003, No.
						2).
Note: Authority cited: Section
						  7071,
						  Fish and Game Code. Reference: Sections
						  7071,
						  7075,
						  7082
						  and
						  7083,
						  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 5.5 - Fishery Management Plans › Article 3 - Nearshore Fishery Management Plan › Section 52.04 - Regional Management

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Four regional management areas (consistent with the
						Nearshore FMP's Alternative 5 for Recommended Regional Management) exist off
						California as follows:
(1) North Coast
					 Region: Nearshore waters between the California-Oregon border and a line
					 extending due west true from a point on the mainland shore at 40 degrees 10
					 minutes north latitude near Cape Mendocino, Humboldt County,
(2) North-Central Coast Region: Nearshore
					 waters between a line extending due west true from a point on the mainland
					 shore at 40 degrees 10 minutes north latitude near Cape Mendocino, Humboldt
					 County, and a line extending due west true from Point Ano Nuevo, San Mateo
					 County,
(3) South-Central Coast
					 Region: Nearshore waters between a line extending due west true from Ano Nuevo,
					 San Mateo County, and a line extending due west true from Point Conception,
					 Santa Barbara County,
(4) South
					 Coast Region: Nearshore waters between a line extending due west true from
					 Point Conception, Santa Barbara County, and the U.S.-Mexico border.
1. New
						section filed 1-9-2003; operative 2-8-2003 (Register 2003, No.
						2).
Note: Authority cited: Section
						  7071,
						  Fish and Game Code. Reference: Sections
						  7071,
						  7075,
						  7082
						  and
						  7083,
						  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 5.5 - Fishery Management Plans › Article 3 - Nearshore Fishery Management Plan › Section 52.05 - Allocation

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Allocation of a
					 Total Allowable Catch (TAC) of nearshore fish populations between recreational
					 and commercial sectors will be consistent with the recommended Nearshore FMP
					 allocation approach approved by the commission, and, with regulations of the
					 Department of Commerce for nearshore groundfish ( 50 CFR, Part 660 ) until
					 transfer of fishery management authority, or other Federal authorization for
					 allocation by the state, is attained for these species.
(b) The commission will consider the
					 following factors during a change in allocation:
(1) present versus historical participation
					 in the fishery
(2) the economics of
					 the fisheries
(3) local community
					 impacts
(4) product quality and
					 flow to the consumer
(5) gear
					 conflicts
(6) non-consumptive
					 uses
(7) fishing efficiency,
					 and
(8) recreational versus
					 commercial fishery factors.
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 5.5 - Fishery Management Plans › Article 3 - Nearshore Fishery Management Plan › Section 52.09 - Take of Nearshore Rockfish, Fishery Closure

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Total Allowable Catch (TAC). Until the
					 state has management authority for a species or species group included in the
					 Nearshore FMP, the TAC of a species or species group will not exceed the amount
					 specified in the Federal Register for that species or species group.
(b) Mechanism for Fishery Closures. When the
					 TAC for a species or species group included in the Nearshore FMP is exceeded or
					 expected to be exceeded, the department may close the fishery at the time the
					 TAC is reached or expected to be reached.
(c) The department shall give the public and
					 the commission no less than 10 days notice of any recreational fishery closure
					 pursuant to this Section via a department news release.
(d) The department shall give Nearshore
					 Fishery Permit holders no less than 10 days notice of any commercial fishery
					 closure pursuant to this Section via a notification letter sent to each
					 permittee's address on file with the department. The department shall give the
					 public and the commission no less than 10 days notice of any commercial fishery
					 closure pursuant to this Section via a department news release.
1. New
						section filed 1-9-2003; operative 2-8-2003 (Register
						2003,
						No. 2).
Note: Authority cited: Section
						  200,
						  202,
						  205,
						  7071
						  and
						  8587.1,
						  Fish and Game Code. Reference: Sections
						  97,
						  7056,
						  7071,
						  7075,
						  7082
						  and
						  7083,
						  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 5.5 - Fishery Management Plans › Article 3 - Nearshore Fishery Management Plan › Section 52.10 - Take of Sheephead, Cabezon and Greenling

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Total Allowable Catches (TACs) and
					 Allocations. Based on total allowable catches specified for each calendar year,
					 catch may not exceed the following amounts:
(1) California sheephead. The statewide
					 allowable catch of sheephead is 205,500 pounds, allocated as follows:
(A) The commercial fishery is allocated
					 75,200 pounds.
(B) The recreational
					 fishery is allocated 130,300 pounds.
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 5.5 - Fishery Management Plans › Article 4 - Market Squid Fishery Management Plan › Section 53.00 - Purpose and Scope

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
					 This article implements the Market Squid Fishery Management Plan (Market Squid
					 FMP) as adopted and amended by the California Fish and Game Commission
					 (commission), consistent with the requirements of Part 1.7, commencing with
					 Section 7050, and Article 9.7 of Chapter 2
					 of Part 3 of Division 6 of the Fish and Game Code (commencing with Section
					 8420). Regulations contained in
					 Section 53.00 et seq. are consistent with
					 the goals, objectives and procedures of the Market Squid FMP and applicable
					 federal regulations for coastal pelagic species and the federal Coastal Pelagic
					 Species Fishery Management Plan. These regulations, in combination with other
					 applicable provisions of the Fish and Game Code, Title 14 of the California
					 Code of Regulations, and federal regulations for coastal pelagic species,
					 govern management and regulation of market squid stocks and
					 fisheries.
(b) A regulation
					 implementing this fishery management plan that is applicable to both sport and
					 commercial fisheries is found in this Article. Regulations adopted by the
					 commission specific to recreational take and use of market squid are included
					 with ocean sport fishing regulations in Chapter 4, beginning with Section
					 27.00, Title 14, CCR. Regulations
					 specific to commercial fishing for market squid are included in Chapter 6,
					 beginning with Section
					 149, Title 14, CCR.
(c) Pursuant to Fish and Game Code Section
					 8429.7,
					 Fish and Game Code sections
					 8420.5
					 to
					 8423.5,
					 inclusive, and sections
					 8426 and
					 8427 are made
					 inoperative.
(d) Pursuant to Fish
					 and Game Code Section
					 7071,
					 Fish and Game Code Section
					 7852.2
					 is made inoperative as it applies to squid fishery permits.
1. New
						article 4 (sections
						53.00-53.03) and section filed
						3-28-2005; operative 3-28-2005 pursuant to Government Code section
						11343.4
						(Register 2005, No. 13).
Note: Authority cited: Sections
						  7071,
						  7078,
						  8425
						  and
						  8429.7,
						  Fish and Game Code. Reference: Sections
						  7070,
						  7071,
						  7075,
						  7078,
						  7083,
						  8420,
						  8425
						  and
						  8429.7,
						  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 5.5 - Fishery Management Plans › Article 4 - Market Squid Fishery Management Plan › Section 53.02 - Process and Timing

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
					 Management of market squid stocks will conform to the goals, objectives,
					 criteria, procedures, and Fishery Control Rule guidelines of the Market Squid
					 FMP, and other applicable state and federal laws and regulations.
(b) Periodic monitoring and assessment of
					 squid fisheries will be conducted, and, at a minimum, will include the
					 collection and review of reported catches. The department will provide
					 management recommendations to the commission as needed, and in-season if a need
					 is identified.
(c) The director may
					 establish and appoint members to an advisory committee to assist the department
					 with development and review of fishery assessments, management options and
					 proposals, and plan amendments.
(d)
					 Management measures and actions may be developed, considered, and adopted in
					 compliance with the Administrative Procedure Act and implemented at any time of
					 year to achieve management plan goals and objectives, and may apply to any or
					 all management areas, or portions of management areas at the discretion of the
					 commission.
1. New
						section filed 3-28-2005; operative 3-28-2005 pursuant to Government Code
						section
						11343.4
						(Register 2005, No. 13).
Note: Authority cited: Section
						  7071,
						  7078
						  and
						  8425,
						  Fish and Game Code. Reference: Sections
						  7071,
						  7075,
						  7083,
						  7652,
						  8420
						  and
						  8425,
						  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 5.5 - Fishery Management Plans › Article 4 - Market Squid Fishery Management Plan › Section 53.03 - Market Squid Fishery Management Plan (Market Squid Fmp) Project

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
					 Department's Recommended Proposed Project in the Market Squid FMP involves a
					 combination of limitations on total harvest, regulation on the use of squid
					 fishing gear (including lights), use of time closures to allow for periods of
					 uninterrupted spawning, restricted access and other limits on the commercial
					 fleet capacity, mechanisms to allow for adequate squid escapement, and area
					 closures designed to minimize impact to sensitive non-target species and
					 habitat. These management measures described in the Market Squid FMP will be
					 utilized in managing the squid fishery toward meeting goals and objectives of
					 the Market Squid FMP.
(b) Other
					 management measures as described in the Market Squid FMP, including but not
					 limited to vessel trip limits, squid replenishment areas, seasonal closures,
					 and marine protected areas may be used as needed to achieve the goals and
					 objectives of the Market Squid FMP.
(c) A fishery management measure may be
					 adopted by the commission instead of, or in addition to, measures included in
					 the adopted Market Squid FMP Project where specified in statute or state or
					 federal regulation.
(d) Consistent
					 with the goals of the Restricted Access program, the Commission established a
					 sixth permit class for Non-Transferable Market Squid Light Boat Permits in
					 addition to the original five permit classes and an experimental permit class
					 identified in the discussion of the program in the Market Squid Fishery
					 Plan.
1. New
						section filed 3-28-2005; operative 3-28-2005 pursuant to Government Code
						section
						11343.4
						(Register 2005, No. 13).
2. New subsection (d) filed 2-13-2007;
						operative 2-13-2007 pursuant to Government Code section
						11343.4
						(Register 2007, No. 7).
Note: Authority cited: Section
						  7071,
						  7078
						  and
						  8425,
						  Fish and Game Code. Reference: Sections
						  7071,
						  7075,
						  7082,
						  7083,
						  8420
						  and
						  8425,
						  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 5.5 - Fishery Management Plans › Article 5 - California Spiny Lobster Fishery Management Plan › Section 54.00 - Purpose and Scope

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
					 This Article implements the Spiny Lobster Fishery Management Plan (Spiny
					 Lobster FMP) as adopted and amended by the commission consistent with the
					 goals, objectives and procedures of the Marine Life Management Act of 1999.
					 This Article, in combination with other applicable provisions of the Fish and
					 Game Code and Title 14, CCR, govern management and regulation of the spiny
					 lobster resources and fisheries.
(b) Regulations implementing the Spiny
					 Lobster FMP are found in this Chapter. Regulations specific to recreational
					 take of spiny lobster are found in Chapter 1, Section
					 1.74 and Chapter 4, beginning with
					 Section 27.00, of these regulations.
					 Regulations specific to the commercial take of spiny lobster are included in
					 Chapter 6, beginning with Section
					 121 of these
					 regulations.
(c) Pursuant to Fish
					 and Game Code Section
					 7071(b),
					 Fish and Game Code sections
					 8251,
					 8252,
					 8254(c),
					 and
					 8258
					 are made inoperative.
(d) Pursuant
					 to Fish and Game Code Section
					 7071(b),
					 Fish and Game Code sections, 7857(e), 7857(j), 8102, 8103, and 9004 are made
					 inoperative as applied to the commercial spiny lobster fishery.
1. New
						article 5 (sections
						54.00-54.03) and section filed
						3-2-2017; operative 4-1-2017 pursuant to Government Code section
						11343.4(b)(3)
						(Register 2017, No. 9).
Note: Authority cited: Sections
						  7071,
						  7075
						  and
						  7078,
						  Fish and Game Code. Reference: Sections
						  7050,
						  7055,
						  7056,
						  7070,
						  7071,
						  7075
						  and
						  7078,
						  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 5.5 - Fishery Management Plans › Article 5 - California Spiny Lobster Fishery Management Plan › Section 54.02 - Management Process and Timing

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Spiny lobster management will conform to
					 the goals, objectives, criteria, procedures, and harvest control rule
					 guidelines in the Spiny Lobster FMP, and other applicable state and federal
					 laws and regulations.
(b)
					 Monitoring and assessment of the spiny lobster fisheries will be conducted
					 annually, including the collection and review of catch reports and fishing
					 logbook information. The department will provide management recommendations to
					 the commission as needed.
(c)
					 Conservation and management measures may be developed, considered, and adopted
					 in compliance the Administrative Procedures Act and implemented at any time of
					 year to achieve management plan goals and objectives, and may apply to any or
					 all management areas, or portions of management areas at the discretion of the
					 commission.
1. New
						section filed 3-2-2017; operative 4-1-2017 pursuant to Government Code section
						11343.4(b)(3)
						(Register 2017, No. 9).
Note: Authority cited: Sections
						  7075
						  and
						  7078,
						  Fish and Game Code. Reference: Sections
						  7050,
						  7055,
						  7056,
						  7070,
						  7071,
						  7075
						  and
						  7078,
						  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 5.5 - Fishery Management Plans › Article 5 - California Spiny Lobster Fishery Management Plan › Section 54.03 - Harvest Control Rule

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
					 harvest control rule adopted and described in the Spiny Lobster FMP shall form
					 the management basis for the spiny lobster commercial and recreational
					 fisheries. The harvest control rule is comprised of three components.
(1) Three threshold reference points as
					 defined in the Spiny Lobster FMP based on commercial catch, catch per unit
					 effort, and spawning potential ratio that serve as metrics to gauge the status
					 of the spiny lobster fishery and resource.
(2) A harvest control rule matrix that guides
					 the appropriate management responses based on the status and trends of each
					 threshold reference point scenario.
(3) A suite of conservation and management
					 measures in the harvest control rule "toolbox" giving the department and
					 commission flexibility in addressing emerging and ongoing concerns within the
					 spiny lobster fishery and resource.