Section 150.02 - Deeper Nearshore Fish Species Fishery Permits; Control Date for Other Nearshore Species(a) Permit Required. Effective April 1, 2003, any person taking, possessing aboard a boat, or landing any species of deeper nearshore fish listed in subsection (b) below for commercial purposes shall possess a valid deeper nearshore species fishery permit issued to that person that has not been suspended or revoked, except that when using a boat to take deeper nearshore species at least one person aboard the boat shall have a valid deeper nearshore species fishery permit.(b) Permit Authorization. Notwithstanding Section 8587 of the Fish and Game Code, a deeper nearshore species fishery permit is required only for the commercial take of the following species of nearshore fish stocks: black rockfish, blue rockfish, brown rockfish, calico rockfish, copper rockfish, olive rockfish, quillback rockfish and treefish.(c) Permit Revocation. Deeper nearshore species fishery permits are revocable.(d) Fees. (A) The fee for a deeper nearshore species fishery permit is specified in Section 705.(B) The nonrefundable fee to transfer a deeper nearshore species fishery permit is specified in Section 705.(e) Initial Issuance Criteria. Notwithstanding Section 8587 of the Fish and Game Code, a deeper nearshore species fishery permit shall be issued only to persons who have made landings that cumulatively total 200 pounds of any of the eight species for which a deeper nearshore species fishery permit is required pursuant to subsection (b). Landings must have been made in an individual's name and commercial fishing license identification number and submitted on fish landing receipts to the department pursuant to Section 8043, Fish and Game Code, and must have been made from January 1, 1994 through December 31, 1999. Applications (FG 1329(2/03), incorporated herein by reference) for initial issuance must be received by the department, or, if mailed, postmarked on or before September 30, 2003. Applications received by the department or postmarked from October 1, 2003 through October 31, 2003 must be accompanied by a $50 late fee. Applications received by the department or postmarked after October 31, 2003 will be returned to the applicant unissued.(f) Appeal. Any applicant who is denied issuance of a deeper nearshore species fishery permit may appeal the denial to the department in writing describing the basis for the appeal. The appeal shall be received by the department, or, if mailed, postmarked on or before March 31, 2004. The appeal shall be reviewed and decided by the department. The decision of the department may be appealed in writing to the commission within 60 days of the date of the department's decision.(g) Renewal. (1) Applicants seeking renewal of a deeper nearshore species fishery permit must have held a deeper nearshore species fishery permit in the immediately preceding permit year.(2) Applications as specified in Section 705 and permit fees for renewal of a deeper nearshore species fishery permit must be received by the department, or, if mailed, postmarked on or before April 30 of each permit year. Late fees, late fee deadlines, and late renewal appeal provisions are specified in Fish and Game Code Section 7852.2.(3) Applications for renewal must be accompanied by evidence that the qualification requirements specified in subsection (g)(1) have been met.(h) A control date of December 31, 1999 is established for the purpose of developing a restricted access commercial nearshore fishery for those persons taking nearshore fish stocks not covered under other nearshore control dates or nearshore restricted access programs established in Section 150, Title 14, CCR. Species subject to this control date include only black rockfish, blue rockfish, brown rockfish, calico rockfish, copper rockfish, monkeyface eel, olive rockfish, quillback rockfish and treefish. Landings of these species made after this date may not apply toward qualifying for participation in a future restricted access program for this component of the nearshore fishery.(i) This section does not apply to those nearshore species for which a Nearshore Fishery Permit is required pursuant to Section 150.01.(j) Permit Transfers, Procedures, and Timelines. (1) Pursuant to Fish and Game Code Section 8587.1(b), Fish and Game Code Section 7857(j) is made inoperative as applied to the commercial deeper nearshore fishery.(2) Upon the effective date of these regulations, each person possessing a valid deeper nearshore species fishery permit that has not been suspended or revoked shall have his or her permit designated by the department as a transferable deeper nearshore species fishery permit.(3) A person with a valid transferable deeper nearshore species fishery permit that has not been suspended or revoked may transfer his/her permit to a licensed California commercial fisherman.(4) Upon the death of a person with a valid transferable deeper nearshore species fishery permit, the estate of a person with a valid transferable deeper nearshore species fishery permit shall immediately temporarily relinquish the permit to the department's License and Revenue Branch. The estate may renew the permit as provided for in this section if needed to keep the permit valid. The estate of the decedent may transfer the permit pursuant to this section no later than two (2) years from the date of death of the permit holder as listed on the death certificate.(5) The permit holder or the estate of the deceased permit holder shall submit the notarized transfer application and the nonrefundable permit transfer fee specified in Section 705 for each permit transfer. The transfer shall take effect on the date of the written notice of approval of the application given to the transferee by the department. The deeper nearshore species fishery permit shall be valid for the remainder of the permit year and may be renewed in subsequent years pursuant to this section.(6) An application for a transfer of a deeper nearshore species fishery permit shall be deferred when the current permit holder is awaiting final resolution of any pending criminal, civil and/or administrative action that could affect the status of the permit.(7) Any applicant who is denied transfer of a deeper nearshore species fishery permit may submit a written request for an appeal to the commission within 60 calendar days of the date of the department's denial.Cal. Code Regs. Tit. 14, § 150.02
1. New section filed 8-12-2002; operative 9-11-2002 (Register 2002, No. 33).
2. Amendment of section heading, section and NOTE filed 3-26-2003; operative 3-26-2003 pursuant to Government Code section 11343.4 (Register 2003, No. 13).
3. Amendment of subsections (e) and (g)(2) filed 3-29-2004; operative 3-29-2004 pursuant to Government Code section 11343.4 (Register 2004, No. 14).
4. Change without regulatory effect amending subsections (d) and (g)(2) and amending NOTE filed 5-10-2005 pursuant to section 100, title 1, California Code of Regulations (Register 2005, No. 19).
5. Change without regulatory effect amending subsections (d) and (g)(2) filed 12-19-2006 pursuant to section 100, title 1, California Code of Regulations (Register 2006, No. 51).
6. Amendment of subsection (g)(2) and NOTE filed 7-8-2008; operative 7-8-2008 pursuant to Government Code section 11343.4 (Register 2008, No. 28).
7. Amendment of subsections (d) and (g)(2) filed 10-5-2010; operative 11-4-2010 (Register 2010, No. 41).
8. Amendment of section heading and subsection (d) and new subsections (d)(A)-(B) and (j)-(j)(7) filed 2-27-2018; operative 4-1-2018 (Register 2018, No. 9). Note: Authority cited: Sections 713, 1050, 7071 and 8587.1, Fish and Game Code. Reference: Sections 1050, 7071, 7852.2, 7857, 7858, 8585.5 and 8587.1, Fish and Game Code.
1. New section filed 8-12-2002; operative 9-11-2002 (Register 2002, No. 33).
2. Amendment of section heading, section and Note filed 3-26-2003; operative 3-26-2003 pursuant to Government Code section 11343.4 (Register 2003, No. 13).
3. Amendment of subsections (e) and (g)(2) filed 3-29-2004; operative 3-29-2004 pursuant to Government Code section 11343.4 (Register 2004, No. 14).
4. Change without regulatory effect amending subsections (d) and (g)(2) and amending Note filed 5-10-2005 pursuant to section 100, title 1, California Code of Regulations (Register 2005, No. 19).
5. Change without regulatory effect amending subsections (d) and (g)(2) filed 12-19-2006 pursuant to section 100, title 1, California Code of Regulations (Register 2006, No. 51).
6. Amendment of subsection (g)(2) and Note filed 7-8-2008; operative 7-8-2008 pursuant to Government Code section 11343.4 (Register 2008, No. 28).
7. Amendment of subsections (d) and (g)(2) filed 10-5-2010; operative 11-4-2010 (Register 2010, No. 41).
8. Amendment of section heading and subsection (d) and new subsections (d)(A)-(B) and (j)-(j)(7) filed 2-27-2018; operative 4/1/2018 (Register 2018, No. 9).