Section 106 - Permits to Commercially Take Shark and Swordfish Using Drift Gill Nets(a) Permit Required. (1) The owner or operator of a vessel using drift gill nets to take shark and swordfish pursuant to sections 8561- 8569 of the Fish and Game Code shall have obtained a valid drift gill net shark and swordfish permit and shall be a permittee in possession of said permit when engaged in such activities.(2) To Whom Issued. The department shall issue permits to the owner or operator of a currently registered vessel who has qualified for said permit pursuant to sections 8561- 8569 of the Fish and Game Code.(b) Limitations of Permit. Except as provided in Section 8564 of the Fish and Game Code, no permit shall be valid for more than one vessel at one time.(c) Cost of Permit. See Section 8567 of the Fish and Game Code.(d) Notification Procedure. The department shall notify permittees if the director, pursuant to Section 8577 of the Fish and Game Code, closes the drift gill net shark and swordfish fishery or any area where the fishery is conducted. The department shall notify a permittee if his permit is suspended pursuant to Section 8576 of Fish and Game Code. In either case, the department shall notify permittees by certified mail and by public announcement on VHF/Channel 16 between 0800 hours and 1000 hours during normal business days. Radio transmissions shall commence 48 hours prior to the effective date of a closure or permit suspension and shall continue for 24 hours after the effective date of such action. It shall be the responsibility of the permittee to daily monitor the named radio channel during the specified hours.(e) A permittee may have any person serve in his place on the permittee's vessel and engage in fishing under his drift gill net shark and swordfish permit for not more than 15 calendar days in any one year, except as otherwise provided in subdivision (b) of Section 8563 of the Fish and Game Code. A permittee shall notify the department's Seal Beach office of such a substitution by certified letter to be received at the Seal Beach office, 3030 Old Ranch Parkway, Suite 400, Seal Beach, CA 90740, during normal business hours at least 24 hours prior to the commencement of the trip. Any notice sent in this regard shall include, but is not limited to: (2) Name and commercial fishing license number of the substitute;(3) Departure date and port for the trip;(4) Termination date and port for the trip. Conviction of a substitute permittee for a willful violation of any provision of Article 16 (commencing with Section 8560) of chapter 2 or article 1 (commencing with Section 8601), or article 5 (commencing with Section 8680) of chapter 3, part 3, division 6 of the Fish and Game Code or any regulation adopted pursuant thereto, while operating under the substitute permit, shall be cause to revoke or suspend the permit issued pursuant to sections 8560- 8583 of the Fish and Game Code.
(f) Conditions of Permit. Permittees, their agents, servants, employees or those acting under their direction or control, shall comply with all applicable provisions of the Fish and Game Code relating to commercial fish and any regulations adopted pursuant thereto.(g) Revocation of Permits. Any permit may be revoked or suspended by the commission, when requested by the department, upon a conviction for a willful violation of any provision of article 16 (commencing with Section 8560) of chapter 2 or article 1 (commencing with Section 8601) or article 5 (commencing with Section 8680) of chapter 3, part 3, division 6 of the Fish and Game Code, or violation of any condition of the permit by the permittee or the permittee's agent, servant, employee or person acting under the permittee's direction or control.(h) All permits issued pursuant to this Section shall be surrendered or revoked and this Section shall be repealed as of January 31 of the fourth year following the department's notification to the Legislature pursuant to paragraph (2) of subdivision (b) of Section 8583 of the Fish and Game Code.Cal. Code Regs. Tit. 14, § 106
Note: Authority cited: Sections 1050, 7857, 8394, 8561, 8577 and 8583, Fish and Game Code. Reference: Sections 8394.5 and 8561- 8569, Fish and Game Code.
Note: Authority cited: Sections 1050, 7857, 8394, 8561, 8577 and 8583, Fish and Game Code. Reference: Sections 8394.5 and 8561- 8569, Fish and Game Code.
1. New section filed 3-25-81; effective thirtieth day thereafter (Register 81, No. 13).
2. New subsections (k) and (l) filed 10-9-81 as an emergency; effective upon filing (Register 81, No. 42).
3. Amendment of subsections (k) and (l) filed 10-28-81 as an emergency; effective upon filing (Register 81, No. 45). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 2-25-82.
4. Repealer of subsections (k) and (l) filed 1-27-82 as an emergency; effective upon filing (Register 82, No. 5). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 5-27-82.
5. New subsections (k), (l) and (m) filed 9-1-82 as an emergency; effective upon filing (Register 82, No. 36). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 12-30-82.
6. Editorial correction of subsection (f) filed 12-29-82 (Register 83, No. 1).
7. Repealer and new section filed 5-17-83; effective thirtieth day thereafter (Register 83, No. 21).
8. Amendment of subsection (e) filed 12-8-89; operative 1-1-90 (Register 89, No. 50).
9. Amendment of subsection (d) filed 4-18-91; operative 5-18-91 (Register 91, No. 21).
10. Amendment of subsection (a)(2), repealer of subsections (a)(3)-(a)(4)(B), amendment of subsection (b), repealer of subsection (c), subsection relettering, amendment of newly designated subsection (f) and amendment of Note filed 10-5-2010; operative 11-4-2010 (Register 2010, No. 41).
11. Amendment of section and Note filed 8-29-2019; operative 9/15/2019 pursuant to Government Code section 11343.4(b)(3) (Register 2019, No. 35).
12. Change without regulatory effect amending subsections (d)-(e) filed 10-19-2023 pursuant to section 100, title 1, California Code of Regulations (Register 2023, No. 42).