Section 163.5 - Herring Buyer's Permit(a) Pacific Herring Buyer's Permit. A holder of a current fish receiver's license must obtain a separate permit to buy Pacific Herring or Herring Eggs on Kelp (HEOK) for commercial purposes. After approval of form Herring Buyer's Permit Application DFW 327 and payment of the Permit Fee specified in Section 705(a), a revocable, nontransferable permit to buy Herring or HEOK for commercial purposes may be issued subject to the following regulations: (1) The permittee shall permanently mark all vehicles, containers or pallets with individualized serial numbers and predetermined tare weights. The serial number and predetermined tare weight shall be permanently marked in letters and numerals at least 3 inches high on each side of vehicle container or pallet.(2) Pursuant to Section 197 of these regulations, an electronic fish ticket (EFT) or dock ticket must be completed immediately upon completion of weighing of any single boatload (hereinafter "load") of herring or HEOK. If a dock ticket is used, the information recorded therein must be used to complete and submit an EFT within three (3) business days. (A) The EFT or dock ticket for each vessel's load must be completed and signed by both the herring permittee and a certified weighmaster or his/her deputy prior to commencing unloading operations of another herring permittee's load.(B) The weighmaster or deputy submitting the EFT must include all information required by Section 197 of these regulations and shall sign the EFT and/or dock ticket with his/her complete signature. For herring, the weighmaster shall list the number of fish in, and the weight of, each roe test for the landing reported.(C) Any completed dock ticket must be retained with the EFT by the weighmaster or deputy and be immediately available to the department at the weigh station, as per Section 197 of these regulations.(D) Up to ten (10) pounds of herring from each load will be made available by the herring Buyer to the department, at no cost, for management purposes. No herring shall be taken for roe percentage testing purposes from a load that has not first been weighed and recorded.(3) Prior to weighing HEOK, each permittee shall have each weighing device currently certified and sealed by the County Division of Weights and Measures.(4) Weight tally sheets shall be used when any load of fish is divided and placed into more than one container prior to the completion of the landing receipt. Weight tally sheets shall include the time unloading operations begin.(A) The tally sheets shall comprise of four columns:1. The serial or I.D. number of all containers in which the load is initially placed and all subsequent containers, if any, in which the load is placed until, and including for, shipment from the buyer's premises.3. The tare weight of the bin or containers; and4. The net weight excluding the gross weight of each bin or container. For whole fish, this includes the weight of the herring taken for testing purposes. For HEOK, this excludes the salt and brine.(B) The weight tally sheets shall be retained by the permittee for one (1) year and must be available at all times for inspection by the department.(C) When requested by the department, the Buyer shall submit to the department a California Highway Patrol weighing certificate for any truck load designated by the department. Such certificate shall be submitted to the department following the instructions on the Herring Buyers Permit within twenty-four (24) hours of the truck's departure from the buyer's premises.(5) The permittee is responsible to ensure that all provisions of the herring buyer's permit are complied with, even though the tasks may be delegated to others.(6) The permit may be revoked by the department upon violation of any provisions contained herein by the holder of the permit, his/her agents, employees, or those acting under his/her direction or control and shall not be renewed for a period of one (1) year from the date of revocation.Cal. Code Regs. Tit. 14, § 163.5
1. New section filed 1-3-89; operative 2-2-89 (Register 89, No. 1). For history of former section, see Register 76, No. 35.
2. Amendment of subsections (a), (f)(1), (f)(2)(A)4., (f)(2)(A)6., and (f)(2)(B)3. and repealer of subsection (f)(4) filed 1-15-92 as an emergency; operative 2-14-92 (Register 92, No. 12).
3. Amendment of subsections (a), (f)(2)(B)3., (f)(2)(B)5. and (f)(2)(B)7. filed 11-12-96; operative 11-12-96 pursuant to Fish and Game Code sections 202 and 215 (Register 96, No. 46).
4. Repealer of subsection (f)(2)(A)3., subsection renumbering and amendment of subsection (f)(2)(B)6. filed 10-30-98; operative 10-30-98 pursuant to Fish and Game Code sections 202 and 215 (Register 98, No. 44).
5. Amendment of subsection (a) filed 10-27-2000; operative 10-27-2000 pursuant to Government Code section 11343.4(d) (Register 2000, No. 43).
6. Repealer of subsection (f)(1)(B)1. and subsection renumbering filed 10-31-2001; operative 11-1-2001 pursuant to Fish and Game Code section 215 (Register 2001, No. 44).
7. Amendment of subsection (f)(2)(B)7. filed 10-21-2002; operative 10-21-2002 pursuant to Government Code section 11343.4 (Register 2002, No. 43).
8. Repealer of subsection (f)(2)(A)3., subsection renumbering and amendment of NOTE filed 7-8-2008; operative 7-8-2008 pursuant to Government Code section 11343.4 (Register 2008, No. 28).
9. Amendment of section heading, repealer and new section and amendment of NOTE filed 2-27-2020; operative 3-1-2020 pursuant to Government Code section 11343.4(b)(4)(A) and Fish and Game Code section 265 (Register 2020, No. 9). Note: Authority cited: Sections 7071, 8032.5 and 8389, Fish and Game Code. Reference: Sections 7071, 8032, 8032.5, 8033 and 8389, Fish and Game Code.
1. New section filed 1-3-89; operative 2-2-89 (Register 89, No. 1). For history of former section, see Register 76, No. 35.
2. Amendment of subsections (a), (f)(1), (f)(2)(A)4., (f)(2)(A)6., and (f)(2)(B)3. and repealer of subsection (f)(4) filed 1-15-92 as an emergency; operative 2-14-92 (Register 92, No. 12).
3. Amendment of subsections (a), (f)(2)(B)3., (f)(2)(B)5. and (f)(2)(B)7. filed 11-12-96; operative 11-12-96 pursuant to Fish and Game Code sections 202 and 215 (Register 96, No. 46).
4. Repealer of subsection (f)(2)(A)3., subsection renumbering and amendment of subsection (f)(2)(B)6. filed 10-30-98; operative 10-30-98 pursuant to Fish and Game Code sections 202 and 215 (Register 98, No. 44).
5. Amendment of subsection (a) filed 10-27-2000; operative 10-27-2000 pursuant to Government Code section 11343.4(d) (Register 2000, No. 43).
6. Repealer of subsection (f)(1)(B)1. and subsection renumbering filed 10-31-2001; operative 11-1-2001 pursuant to Fish and Game Code section 215 (Register 2001, No. 44).
7. Amendment of subsection (f)(2)(B)7. filed 10-21-2002; operative 10-21-2002 pursuant to Government Code section 11343.4 (Register 2002, No. 43).
8. Repealer of subsection (f)(2)(A)3., subsection renumbering and amendment of Note filed 7-8-2008; operative 7-8-2008 pursuant to Government Code section 11343.4(Register 2008, No. 28).
9. Amendment of section heading, repealer and new section and amendment of Note filed 2-27-2020; operative 3/1/2020 pursuant to Government Code section 11343.4(b)(4)(A) and Fish and Game Code section 265 (Register 2020, No. 9).