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 180 - Traps

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Revocable, nontransferable permits to use traps for
					 commercial purposes may be issued by the department to take fish, mollusks and
					 crustaceans except market crabs (
Cancer magister
) and lobster
					 under the following conditions:
(a)
				  Permits will include conditions under which traps shall be used to take fish,
				  mollusks or crustaceans. No person shall use any trap except as authorized in a
				  permit. The taking of spot prawns shall be subject to the conditions of this
				  section and section
				  180.1.
(b) Every person who takes or assists in
				  taking fish, mollusks, or crustaceans with any trap or who possesses or
				  transports fish, mollusks, or crustaceans on any boat, barge, or vessel when
				  any trap is aboard, shall have in his possession a valid permit issued to him
				  pursuant to this section while engaged in any such activity.
(c) The department may inspect the traps at
				  any time.
(d) Records. Pursuant to
				  section 190 of these regulations, each
				  permittee may be required by the department to complete and submit an accurate
				  log of the fishing operations on a form (Daily Trap Log, DFG 180A (10/89) or
				  Daily Sablefish Trap Log, DFG 180B (10/89), see Appendix A) provided by the
				  department.
(e) Traps must be
				  marked by buoys as specified by the department.
(f) All traps must have at least one destruct
				  device of a type authorized by the department.
(g) The permit may be suspended temporarily
				  by the Director for a breach or violation of the terms of the permit by the
				  holder thereof, or any member of his crew on the designated vessel. In
				  addition, the permit may be temporarily suspended or denied by the Director if
				  he determines that the trap or its operation is detrimental to any of the
				  ocean's living marine resources. The commission shall be notified of any such
				  suspension, and subsequently may revoke or reinstate the permit or fix the
				  period of its suspension after written notice to the permittee and after he has
				  been afforded an opportunity to be heard. In the event a permit is denied by
				  the Director the applicant may apply for an experimental fishing permit under
				  Section 91 of these regulations.
(h) The permit number of the boat operator
				  shall be displayed on both sides of the boat in ten-inch black numbers on a
				  white background. All permittees aboard the boat shall be mutually responsible
				  for the proper display of the numbers.
(i) Cost of Permit. The fee for this permit
				  shall be the amount specified in Section
				  9001,
				  Fish and Game Code.
(j) Exemption
				  from Tidal Invertebrate Permit. A commercial fisherman operating under the
				  provisions of a commercial trap permit and lobster operator permit is not
				  required to possess a Tidal Invertebrate Permit, but is subject to the
				  provisions of Section
				  123.
1. New
					 section filed 1-24-75 as an emergency; effective upon filing. Certificate of
					 Compliance included (Register 75, No. 4).
2. Amendment filed 3-17-76
					 as an emergency; effective upon filing (Register 76, No. 12).
3.
					 Certificate of Compliance filed 5-4-76 (Register 76, No. 19).
4.
					 Amendment of subsections (b) and (f) and new subsection (k) filed 4-11-78;
					 effective thirtieth day thereafter (Register 78, No. 15).
5.
					 Amendment filed 4-11-80; effective thirtieth day thereafter (Register 80, No.
					 15).
6. Amendment of NOTE filed 10-19-81; effective thirtieth day
					 thereafter (Register 81, No. 43).
7. Amendment of subsection (f)
					 filed 12-8-89; operative 1-1-90 (Register 89, No. 50).
8. New
					 subsection (l) filed 4-18-91; operative 5-18-91 (Register 91, No.
					 21).
9. Amendment of subsections (a), (e)(2), (f) and NOTE filed
					 11-14-95; operative 11-14-95 pursuant to Fish and Game Code sections
					 202 and
					 215
					 (Register 95, No. 46).
10. Repealer of subsections (c), (e)-(e)(6),
					 and (j), subsection relettering, amendment of newly designated subsection (i)
					 and amendment of NOTE filed 9-19-97; operative 10-19-97 (Register 97, No.
					 38).
11. New subsection (j) filed 3-8-2005; operative 4-7-2005
					 (Register 2005, No. 10).
12. Amendment of subsection (g) and
					 amendment of NOTE filed 3-2-2022; operative 4-1-2022 pursuant to Government
					 Code section
					 11343.4(b)(3)
					 (Register 2022, No. 9).
Note: Authority cited: Sections
						1022,
						7701,
						7708,
						8491
						and
						8500,
						Fish and Game Code. Reference: Sections
						1022,
						7700,
						7701,
						7702,
						7702.1,
						7703,
						7704,
						7705,
						7706,
						7707,
						7708,
						7709,
						7710.1,
						7710.5,
						8490,
						8491,
						8500,
						9000,
						9000.5,
						9001,
						9001.6,
						9001.7,
						9001.8,
						9002,
						9002.5,
						9003,
						9004,
						9005,
						9006,
						9007,
						9008,
						9010,
						9011
						and
						9015,
						Fish and Game Code.