Section 150.03 - Nearshore Fishery Gear Endorsement Program(a) The following regulations govern the qualification, issuance and appeals process of a gear endorsement program for the commercial take of nearshore fish stocks.(b) Nearshore fish stocks are those listed in Section 150.01, Title 14, CCR.(c) Qualifications for Gear Endorsement. A transferable gear endorsement shall be issued upon application only to a person who has a valid 2003-2004 transferable Nearshore Fishery Permit, issued pursuant to Section 150 for a specific regional management area as defined in Section 52.04. A non-transferable gear endorsement shall be issued upon application only to a person who has a valid 2003-2004 non-transferable Nearshore Fishery Permit, issued pursuant to Section 150, for a specific regional management area as defined in Section 52.04. The following qualifying criteria shall be used to determine eligibility for either a transferable or non-transferable trap endorsement:(1) North Coast Region Trap Endorsement. A trap endorsement allows the permittee to use trap gear when taking nearshore fish stocks as described in Section 150.01 in addition to gear authorized under Section 150 (l). A trap endorsement shall be attached to the North Coast Region Nearshore Fishery Permit issued to a person who has satisfied the following requirements: (A) has a valid 2002-2003 general trap permit that has not been suspended or revoked, and(B) has landed at least 1,000 pounds of nearshore fish stocks as described in Section 150.01 between January 1, 1994 and October 20, 2000 that were taken with trap gear.(C) landings of nearshore fish stocks as described in Section 150.01 used to qualify must have been made at ports located within the North Coast Region as defined in Section 52.04 as documented by department landing receipts submitted in his name and commercial fishing license identification number pursuant to Fish and Game Code Section 8046.(2) North-Central Coast Region Trap Endorsement. A trap endorsement allows the permittee to use trap gear when taking nearshore fish stocks as described in Section 150.01 in addition to gear authorized under Section 150 (l). A trap endorsement shall be attached to the North-Central Coast Region Nearshore Fishery Permit issued to a person who has satisfied the following requirements: (A) has a valid 2002-2003 general trap permit that has not been suspended or revoked, and(B) has landed at least 1,000 pounds of nearshore fish stocks as described in Section 150.01 between January 1, 1994 and October 20, 2000 that were taken with trap gear.(C) landings of nearshore fish stocks as described in Section 150.01 used to qualify must have been made at ports located within the North-Central Coast Region as defined in Section 52.04 as documented by department landing receipts submitted in his name and commercial fishing license identification number pursuant to Fish and Game Code Section 8046.(3) South-Central Coast Region Trap Endorsement. A trap endorsement allows the permittee to use trap gear when taking nearshore fish stocks as described in Section 150.01 in addition to gear authorized under Section 150 (l). A trap endorsement shall be attached to the South-Central Coast Region Nearshore Fishery Permit issued to a person who has satisfied the requirements of either (A), or (B) and (C) below:(A) has a valid 2002-2003 finfish trap permit that has not be suspended or revoked, or(B) has a valid 2002-2003 general trap permit that has not been suspended or revoked, and has landed at least 500 pounds of nearshore fish stocks as described in Section 150.01 in each of 3 calendar years during the period January 1, 1994 through October 20, 2000 that were taken with trap gear.(C) landings of nearshore fish stocks as described in Section 150.01 used to qualify must have been made at ports located within the South-Central Coast Region as defined in Section 52.04 as documented by department landing receipts submitted in his name and commercial fishing license identification number pursuant to Fish and Game Code Section 8046.(4) South Coast Region Trap Endorsement. A trap endorsement allows the permittee to use trap gear when taking nearshore fish stocks as described in Section 150.01 in addition to gear authorized under Section 150 (l). A trap endorsement shall be attached to the South Coast Region Nearshore Fishery Permit issued to a person who has a valid 2002-2003 finfish trap permit that has not been suspended or revoked.(d) Gear Endorsement 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 nearshore fishery.(2) A person with a valid transferable nearshore fishery gear endorsement that has not been suspended or revoked may transfer his/her nearshore fishery gear endorsement to a licensed California commercial fisherman with a valid Nearshore Fishery Permit for the same regional management area. The nearshore fishery gear endorsement shall be transferred for use in the same regional management area listed on the nearshore fishery gear endorsement.(3) Upon the death of a person with a valid transferable nearshore fishery gear endorsement, the estate of a person with a valid transferable nearshore fishery gear endorsement shall immediately, temporarily relinquish the nearshore fishery gear endorsement to the department's License and Revenue Branch. The estate may renew the nearshore fishery gear endorsement as provided for in this section if needed to keep the nearshore fishery gear endorsement valid. The estate of the decedent may transfer the nearshore fishery gear endorsement pursuant to this section no later than two years from the date of death of the nearshore fishery gear endorsement holder as listed on the death certificate.(4) The nearshore fishery gear endorsement holder or the estate of the deceased nearshore fishery gear endorsement holder shall submit the notarized transfer application and the nonrefundable nearshore fishery gear endorsement transfer fee specified in Section 705 for each gear endorsement 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 nearshore fishery gear endorsement shall be valid for the remainder of the permit year and may be renewed in subsequent years pursuant to this section.(5) An application for a transfer of a nearshore fishery gear endorsement shall be deferred when the current nearshore fishery gear endorsement holder is awaiting final resolution of any pending criminal, civil and/or administrative action that could affect the status of the nearshore fishery gear endorsement.(6) Upon the death of a person with a valid non-transferable nearshore fishery gear endorsement, the nearshore fishery gear endorsement shall become null and void and the estate shall immediately surrender the nearshore fishery gear endorsement to the department's License and Revenue Branch.(e) Application Deadline for Initial Issuance of Nearshore Fishery Permit Gear Endorsements. All applications (FG 1327(1/03), incorporated herein by reference) and permit fees for initial issuance of Nearshore Fishery Permit gear endorsements under the restricted access program must be received by the department, or, if mailed, be postmarked on or before June 30, 2003. Applications and permit fees for initial issuance of Nearshore Fishery Permit gear endorsements under the restricted access program received by the department, or, if mailed, postmarked from July 1 through July 31, 2003 will be assessed a $50 late fee. Applications and permit fees for the initial issuance of Nearshore Fishery Permit gear endorsements under the restricted access program postmarked or received after July 31, 2003 shall be returned to the applicant unissued.(f) Nearshore Fishery Permit Gear Endorsement Renewal Requirements. After April 1, 2004, notwithstanding Fish and Game Code Section 8587, Nearshore Fishery Permit gear endorsements for a regional management area will be renewed annually by the department only to a person who has held a valid Nearshore Fishery Permit gear endorsement for that regional management area in the immediately preceding permit year.(g) Application Deadline for Nearshore Fishery Permit Gear Endorsement Renewal. All applications as specified in Section 705 and permit fees for renewal of Nearshore Fishery Permit gear endorsements 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.(h) Appeals. (1) Any applicant who is denied initial issuance of a Nearshore Fishery Permit gear endorsement for any reason may appeal to the department in writing describing the basis for the appeal. The appeal shall be received or, if mailed, postmarked, no later than 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 denial.(2) Renewal Appeals. Late renewal appeal provisions are specified in Fish and Game Code Section 7852.2.(3) Any applicant who is denied transfer of a transferable nearshore fishery gear endorsement may submit a written request for an appeal to the commission within 60 calendar days of the date of the department's denial.(i) Fees. Notwithstanding Fish and Game Code Section 8587, the fees for a Nearshore Fishery Permit gear endorsement under the restricted access program shall be as follows:(1) The department shall charge an annual fee for each Nearshore Fishery Permit gear endorsement as specified in Section 705.(2) The department shall charge a non-refundable fee as specified in Section 705 for each gear endorsement transfer.(j) Revocation of Nearshore Fishery Permit Gear Endorsement. Any Nearshore Fishery Permit gear endorsement may be suspended, revoked, or cancelled by the commission upon conviction of a violation of any provision of these regulations or Fish and Game Code pertaining to the commercial take of nearshore fish stocks as described in Section 150.01, Title 14, CCR, or violation of the terms or conditions of the permit by the holder thereof, his agents, servants, employees or those acting under his direction and control.(k) Notwithstanding Fish and Game Code Section 9001.5, a finfish trap permit is not required when taking nearshore fish stocks under the authority of a Nearshore Fishery Permit and trap endorsement issued pursuant to sections 150 and 150.03, Title 14, CCR. A general trap permit, issued pursuant to Fish and Game Code Section 9001, is required when taking nearshore fish stocks under the authority of a Nearshore Fishery Permit and trap endorsement issued pursuant to sections 150 and 150.03, Title 14, CCR.Cal. Code Regs. Tit. 14, § 150.03
1. New section filed 6-18-2001; operative 7-18-2001 (Register 2001, No. 25).
2. Amendment of section heading, section and NOTE filed 3-10-2003; operative 3-10-2003 pursuant to Government Code Section 11343.4 (Register 2003, No. 11).
3. Amendment of section and NOTE filed 3-29-2004; operative 3-29-2004 pursuant to Government Code section 11343.4 (Register 2004, No. 14).
4. Change without regulatory effect pursuant to section 100, title 1, California Code of Regulations, amending subsections (g), (i)(1)-(i)(2) and NOTE in accordance with section 713 of the Fish and Game Code, filed 5-11-2005; operative 6-10-2005 pursuant to the Commission's instructions (Register 2005, No. 19).
5. Change without regulatory effect amending subsections (g) and (i)(1)-(2) filed 12-19-2006 pursuant to section 100, title 1, California Code of Regulations (Register 2006, No. 51).
6. Amendment of subsection (g), repealer and new subsection (h)(2) and amendment of NOTE filed 7-8-2008; operative 7-8-2008 pursuant to Government Code section 11343.4 (Register 2008, No. 28).
7. Amendment of subsections (g) and (i)(1)-(2) filed 10-5-2010; operative 11-4-2010 (Register 2010, No. 41).
8. Amendment of subsections (c)-(c)(1), (c)(1)(B)-(c)(2), (c)(2)(B)-(c)(3) and (c)(3)(B)-(c)(4), repealer of subsection (c)(5), repealer and new subsection (d), new subsections (d)(1)-(6) and repealer and new subsection (h)(3) filed 2-27-2018; operative 4-1-2018 (Register 2018, No. 9). Note: Authority cited: Sections 713, 1050 and 8587.1, Fish and Game Code. Reference: Sections 1050, 7852.2, 8046, 8589.5, 8589.7, 9001 and 9001.5, Fish and Game Code.
1. New section filed 6-18-2001; operative 7-18-2001 (Register 2001, No. 25).
2. Amendment of section heading, section and Note filed 3-10-2003; operative 3-10-2003 pursuant to Government Code Section 11343.4 (Register 2003, No. 11).
3. Amendment of section and Note filed 3-29-2004; operative 3-29-2004 pursuant to Government Code section 11343.4 (Register 2004, No. 14).
4. Change without regulatory effect pursuant to section 100, title 1, California Code of Regulations, amending subsections (g), (i)(1)-(i)(2) and Note in accordance with section 713 of the Fish and Game Code, filed 5-11-2005; operative 6-10-2005 pursuant to the Commission's instructions (Register 2005, No. 19).
5. Change without regulatory effect amending subsections (g) and (i)(1)-(2) filed 12-19-2006 pursuant to section 100, title 1, California Code of Regulations (Register 2006, No. 51).
6. Amendment of subsection (g), repealer and new subsection (h)(2) and amendment of Note filed 7-8-2008; operative 7-8-2008 pursuant to Government Code section 11343.4 (Register 2008, No. 28).
7. Amendment of subsections (g) and (i)(1)-(2) filed 10-5-2010; operative 11-4-2010 (Register 2010, No. 41).
8. Amendment of subsections (c)-(c)(1), (c)(1)(B)-(c)(2), (c)(2)(B)-(c)(3) and (c)(3)(B)-(c)(4), repealer of subsection (c)(5), repealer and new subsection (d), new subsections (d)(1)-(6) and repealer and new subsection (g)(3) filed 2-27-2018; operative 4/1/2018 (Register 2018, No. 9).