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 163.5 - Herring Buyer's Permit

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  Pacific Herring Buyer's Permit. A holder of a current fish receiver's license
				  must obtain a separate permit to buy Pacific Herring or Herring Eggs on Kelp
				  (HEOK) for commercial purposes. After approval of form Herring Buyer's Permit
				  Application DFW 327 and payment of the Permit Fee specified in Section
				  705(a), a
				  revocable, nontransferable permit to buy Herring or HEOK for commercial
				  purposes may be issued subject to the following regulations:
(1) The permittee shall permanently mark all
				  vehicles, containers or pallets with individualized serial numbers and
				  predetermined tare weights. The serial number and predetermined tare weight
				  shall be permanently marked in letters and numerals at least 3 inches high on
				  each side of vehicle container or pallet.
(2) Pursuant to Section
				  197 of these regulations, an
				  electronic fish ticket (EFT) or dock ticket must be completed immediately upon
				  completion of weighing of any single boatload (hereinafter "load") of herring
				  or HEOK. If a dock ticket is used, the information recorded therein must be
				  used to complete and submit an EFT within three (3) business days.
(A) The EFT or dock ticket for each vessel's
				  load must be completed and signed by both the herring permittee and a certified
				  weighmaster or his/her deputy prior to commencing unloading operations of
				  another herring permittee's load.
(B) The weighmaster or deputy submitting the
				  EFT must include all information required by Section
				  197 of these regulations and shall
				  sign the EFT and/or dock ticket with his/her complete signature. For herring,
				  the weighmaster shall list the number of fish in, and the weight of, each roe
				  test for the landing reported.
(C)
				  Any completed dock ticket must be retained with the EFT by the weighmaster or
				  deputy and be immediately available to the department at the weigh station, as
				  per Section
				  197 of these
				  regulations.
(D) Up to ten (10)
				  pounds of herring from each load will be made available by the herring Buyer to
				  the department, at no cost, for management purposes. No herring shall be taken
				  for roe percentage testing purposes from a load that has not first been weighed
				  and recorded.
(3) Prior
				  to weighing HEOK, each permittee shall have each weighing device currently
				  certified and sealed by the County Division of Weights and Measures.
(4) Weight tally sheets shall be used when
				  any load of fish is divided and placed into more than one container prior to
				  the completion of the landing receipt. Weight tally sheets shall include the
				  time unloading operations begin.
(A) The tally
				  sheets shall comprise of four columns:
1. The
				  serial or I.D. number of all containers in which the load is initially placed
				  and all subsequent containers, if any, in which the load is placed until, and
				  including for, shipment from the buyer's premises.
2. The gross weight;
3. The tare weight of the bin or containers;
				  and
4. The net weight excluding the
				  gross weight of each bin or container. For whole fish, this includes the weight
				  of the herring taken for testing purposes. For HEOK, this excludes the salt and
				  brine.
(B) The weight
				  tally sheets shall be retained by the permittee for one (1) year and must be
				  available at all times for inspection by the department.
(C) When requested by the department, the
				  Buyer shall submit to the department a California Highway Patrol weighing
				  certificate for any truck load designated by the department. Such certificate
				  shall be submitted to the department following the instructions on the Herring
				  Buyers Permit within twenty-four (24) hours of the truck's departure from the
				  buyer's premises.
(5) The
				  permittee is responsible to ensure that all provisions of the herring buyer's
				  permit are complied with, even though the tasks may be delegated to
				  others.
(6) The permit may be
				  revoked by the department upon violation of any provisions contained herein by
				  the holder of the permit, his/her agents, employees, or those acting under
				  his/her direction or control and shall not be renewed for a period of one (1)
				  year from the date of revocation.