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 120.6 - Use of Powered Equipment of the Type, Size and Specifications Hereinafter Noted to Take Crustaceans

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Powered equipment may be used to take only
Callianassa affinis, Callianassa californiensis,
and
Callianassa giga
(commonly called ghost shrimp) under the
					 following conditions:
(a) Powered
				  equipment is a hand operated hydraulic pump or a pump driven by an engine not
				  to exceed 5 horsepower. Intake and outlets of suction and hydraulic nozzles
				  shall not be in excess of an inside diameter of 2 inches. The hydraulic nozzle
				  shall not be longer nor extended into any tideland sands to a depth greater
				  than 3 feet, and all engine-driven pumps shall have a shut-off valve at the
				  nozzle.
(b) Each person operating
				  or assisting in operating such equipment will be required to possess a
				  commercial fishing license and a permit as provided by this section.
(c) Permits may contain additional terms and
				  conditions, including areas of use, as prescribed by the Department of Fish and
				  Game. The applicant for a permit shall submit the fees and the completed
				  application, as specified in Section
				  705, to the address listed on the
				  application.
(d) Powered equipment
				  may be used on intertidal areas, that is, between high water and low water
				  marks, except powered equipment shall not be used in Tomales Bay, Bodega Harbor
				  or Bolinas Lagoon. In Morrow Bay engine-driven hydraulic pumps may not be used
				  south of a line running 230 magnetic from the public boat ramp at the south end
				  of the Embarcadero.
(e) Holes
				  created in the mudflat surface by engine-driven pumps shall not exceed 8 feet
				  in any horizontal dimension, nor more than 12 inches in depth.
(f) Mollusks and crustaceans, other than
				  ghost shrimp, exposed or hydraulically sluiced to the surface, shall be
				  returned immediately to their natural habitat, and no fish, mollusks or
				  crustaceans, other than ghost shrimp shall be possessed by the permittee at any
				  time during pumping operations or while traveling to or from pumping
				  operations.
(g) Any right or
				  privilege granted thereunder is subject to revocation by the Fish and Game
				  Commission at any time.
(h) All
				  provisions of the following numbered sections of the Fish and Game Code shall
				  be a condition of all permits to be fully performed by the holders thereof,
				  viz: 7700-7855, 8010-8024, 8250-8283, 8603, 8630-8634, 9050-9053. All section
				  numbers are inclusive.
(i) Permits
				  shall only be issued upon the conditions contained in the application and
				  signed by the applicant that he has read, understands, and agrees to be bound
				  by all terms of the permit.
(j) Any
				  permit may be revoked or suspended for a period fixed by the commission, upon
				  the breach or violation of the terms of the permit, or any of the foregoing
				  sections of the Fish and Game Code, or any of these regulations, or if, in the
				  opinion of the department, the resource is endangered. Any person who has had
				  his permit revoked may be required to appear before the Fish and Game
				  Commission when applying for a new permit. For a period of not more than one
				  year, the commission may defer action upon the application of any person who
				  uses powered equipment to take ghost shrimp without first having secured a
				  permit under these regulations.
1. New
					 section filed 7-3-64; effective thirtieth day thereafter (Register 64, No.
					 14).
2. Amendment of subsections (c) and (d) filed 5-29-69 as an
					 emergency; effective upon filing (Register 69, No. 22).
3.
					 Certificate of Compliance-section
					 11422.1,
					 Gov. Code, filed 7-31-69 (Register 69, No. 31).
4. Amendment of
					 subsection (d) filed 4-5-79 as an emergency; effective upon filing (Register
					 79, No. 14).
5. Certificate of Compliance filed 6-11-79 (Register
					 79, No. 24).
6. Amendment filed 10-19-81; effective thirtieth day
					 thereafter (Register 81, No. 43).
7. Amendment of subsections (a),
					 (d) and (e) filed 7-14-86; effective thirtieth day thereafter (Register 86, No.
					 29).
8. Amendment of subsection (c) filed 4-18-91; operative 5-18-91
					 (Register 91, No. 21).
9. Amendment of subsection (c), repealer of
					 subsection (g), subsection relettering, amendment of newly designated
					 subsection (g) and amendment of NOTE filed 10-5-2010; operative 11-4-2010
					 (Register 2010, No. 41).
Note: Authority cited: Sections
						713,
						1050,
						7857,
						8500
						and
						9053,
						Fish and Game Code. Reference: Sections
						8500
						and
						9053,
						Fish and Game Code.