Section 150.05 - Nearshore Fishery Bycatch Permit Program(a) A Nearshore Fishery Bycatch Permit authorizing the take, possession aboard a vessel, or landing of nearshore fish stocks as described in Section 150.01, Title 14, CCR, and in the manner and amount described in subsections (b) and (d) below may be issued to a person who meets the following conditions: (1) has a valid 2002-2003 Nearshore Fishery Permit that has not been suspended or revoked.(2) The person is not eligible for a 2003-2004 Nearshore Fishery Permit, or the person is eligible for a 2003-2004 Nearshore Fishery Permit based on landings made with gear not authorized under Section 150 or 150.03, Title 14, CCR, and chooses not to convert to the gear authorized pursuant to Section 150, 150.03 or 150.17, Title 14, CCR.(b) Gear Authorized for Use. Only trawl or entangling nets shall be used to take, possess aboard a vessel, or land nearshore fish stocks as described in Section 150.01, Title 14, CCR, under a Nearshore Fishery Bycatch Permit issued pursuant to this section.(c) Nearshore Fishery Bycatch Permits are non-transferable and the permit becomes null and void upon the death of the permit holder.(d) Trip Limits. (1) Nearshore Fishery Bycatch Permit holders are subject to all state and federal cumulative trip limits pursuant to sections 150.16 and 189, Title 14, CCR. Pursuant to sections 150.06 and 189, Title 14, CCR, no retention of nearshore fish stocks is allowed when the directed nearshore fishery is closed.(2) Notwithstanding, Section 120.3, Title 14, CCR, and Fish and Game Code Section 8496, a person holding a Nearshore Fishery Bycatch Permit may take, possess aboard a vessel, or land nearshore fish stocks as described in Section 150.01, Title 14, CCR, under the following trip limits: (A) North Coast Region. Zero (0) pounds of nearshore fish stocks may be taken per trip.(B) North-Central Coast Region. Zero (0) pounds of nearshore fish stocks may be taken per trip.(C) South-Central Coast Region. Twenty-five (25) pounds of nearshore fish stocks may be taken per trip.(D) South Coast Region. Fifty (50) pounds of nearshore fish stocks may be taken per trip.(e) Application Deadline for Initial Issuance of Nearshore Fishery Bycatch Permits. All applications (FG 1328(1/03), incorporated herein by reference) and permit fees for initial issuance of Nearshore Fishery Bycatch Permits 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 Bycatch Permits 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 Bycatch Permits under the restricted access program postmarked or received after July 31, 2003 shall be returned to the applicant unissued.(f) Nearshore Fishery Bycatch Permit Renewal Requirements. Notwithstanding Fish and Game Code Section 8587, after April 1, 2004, Nearshore Fishery Bycatch Permits will be renewed annually by the department only to a person who has held a valid Nearshore Fishery Bycatch Permit in the immediately preceding permit year.(g) Application Deadline for Nearshore Fishery Bycatch Permit Renewal. All applications as specified in Section 705 and permit fees for renewal of Nearshore Fishery Bycatch Permits 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 Bycatch Permit 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.(i) Fees. The department shall charge an annual fee for each Nearshore Fishery Bycatch Permit as specified in Section 705.(j) Revocation of Nearshore Fishery Bycatch Permit. Any permit 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.Cal. Code Regs. Tit. 14, § 150.05
1. New section filed 3-10-2003; operative 3-10-2003 pursuant to Government Code Section 11343.4 (Register 2003, No. 11).
2. Amendment filed 3-29-2004; operative 3-29-2004 pursuant to Government Code section 11343.4 (Register 2004, No. 14).
3. Change without regulatory effect pursuant to section 100, title 1, California Code of Regulations, amending subsections (g) and (i) and amending 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).
4. Change without regulatory effect amending subsections (g) and (i) filed 12-19-2006 pursuant to section 100, title 1, California Code of Regulations (Register 2006, No. 51).
5. 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).
6. Amendment of subsections (g) and (i) and amendment of NOTE filed 10-5-2010; operative 11-4-2010 (Register 2010, No. 41). Note: Authority cited: Sections 713, 1050, 5510, 8550, 8553, 8555 and 8587.1, Fish and Game Code. Reference: Sections 713, 1050, 7850, 7852.2, 8043, 8496, 8550, 8552, 8552.6, 8553, 8554, 8555, 8556, 8557, 8559, 8587 and 8587.1, Fish and Game Code.
1. New section filed 3-10-2003; operative 3-10-2003 pursuant to Government Code Section 11343.4 (Register 2003, No. 11).
2. Amendment filed 3-29-2004; operative 3-29-2004 pursuant to Government Code section 11343.4 (Register 2004, No. 14).
3. Change without regulatory effect pursuant to section 100, title 1, California Code of Regulations, amending subsections (g) and (i) and amending 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).
4. Change without regulatory effect amending subsections (g) and (i) filed 12-19-2006 pursuant to section 100, title 1, California Code of Regulations (Register 2006, No. 51).
5. 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).
6. Amendment of subsections (g) and (i) and amendment of Note filed 10-5-2010; operative 11-4-2010 (Register 2010, No. 41).