California Code of Regulations › Title 14 - Natural Resources › Division 5.6 - State Coastal Conservancy › Chapter 7 - Experimental Fishing Gear Loan Program › Article 2 - Loan Program Establishment and Operation › Section 13865 - Terminations and Buyback

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  Revocation of permits. If a Permit is revoked by the Department and the
				  Permittee has an outstanding loan with the Conservancy, the unpaid balance of
				  the loan shall be excused from the date of revocation if the Permittee returns
				  the experimental fishing gear financed in whole or in part with the loan to the
				  Department, in which case the Department shall take possession of the
				  experimental fishing gear for the Conservancy.
Notwithstanding the above, if at the time of revocation the
					 Legislature has approved the permanent use of the type of gear, the Permittee
					 shall be responsible for any remaining balance on any outstanding loan with the
					 Conservancy.
(b) Voluntary
				  Termination Within Six Months. Pursuant to Section
				  3.5 of the Act (Fish and Game Code
				  Section
				  8615(a)),
				  within the first six months of operation pursuant to a Permit and after a
				  reasonable and concerted effort to utilize a new type of commercial fishing
				  gear, the Permittee may request that the Permit be terminated if it is
				  economically infeasible to harvest the target species or if the experimental
				  gear is impractical, inefficient, or ineffective within the fishery or regional
				  area selected.
If the Department terminates the Permit and submits its
					 findings to the Conservancy, the Conservancy may terminate the Permittee's
					 loan. If the Department terminates the Permit under Fish and Game Code Section
					 8615(a)(2),
					 and if the Permittee returns the experimental fishing gear financed in whole or
					 in part with the loan to the Department, the Conservancy shall reimburse the
					 Permittee from the loan fund for the principal amount of the loan payments made
					 by the Permittee. If the Department terminates the Permit under Fish and Game
					 Code Section
					 8615(a)(3),
					 and if the Permittee returns the experimental fishing gear financed in whole or
					 in part with the loan to the Department, Conservancy may reimburse the
					 Permittee for any loan payments made.
(c) Voluntary Termination After Six Months.
				  If the Department terminates the experimental gear permit after six (6) months
				  or more of operation, the Conservancy may terminate the remaining balance on
				  the loan if the Permittee returns the experimental fishing gear to the
				  Department, but it shall not reimburse the Permittee for any loan payments
				  made.
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. 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) and
						8615,
						Fish and Game Code; Section
						15335.1(b),
						Government Code; and Sections
						31125,
						31125.5,
						31125.6,
						31126
						and
						31127,
						Public Resources Code.