Cal. Code Regs. tit. 14 § 13862

Current through Register 2024 Notice Reg. No. 49, December 6, 2024

Section 13862 - Eligibility Criteria

(a) Loan applications submitted to the Conservancy shall be accompanied by either:

(1) Proof of a Permit approved by the Fish and Game Commission and issued to the loan applicant by CDFG pursuant to Sections 3 and 3.5 of the Act; or

(2) Proof of a Permit issued by CDFG with the advice of the Nearshore Research Advisory Committee pursuant to Section 4 of Chapter 1298 of the Statutes of 1987.

(b) Loan applications submitted to the Conservancy shall be accompanied by proof of fish landings of target species by the loan applicant from Restricted areas. Such proof shall be in the form of landing receipts issued to applicant under Section 8011 of the Fish and Game Code.

(c) For loan applications for funds allocated under Public Resources Code Section 31125(b)(2) for experimental gear used in portions of District 18 where restrictions on gill and trammel nets exist under Fish and Game Code Section 8664.5, such applications shall be accompanied by proof of issuance of a Permit for use within the area north of the line due west of Point Sal in Santa Barbara County and proof of landings of halibut taken in an area between a line due west of Point Sal in Santa Barbara County and a line due west of Point Sur in Monterey County between January 1, 1981 and June 1, 1986. Such proof shall be in the form of landing receipts issued to applicant under Section 8011 of the Fish and Game Code.

(d) All loan applications submitted with a permit issued pursuant to Section 4 of Chapter 1298 of the Statutes of 1987 must also be accompanied by the following:

(1) Proof that the Permittee possessed a special permit which was issued pursuant to Fish and Game Code Section 8610 as it read before the enactment of Chapter 1245 of the Statutes of 1986 on September 26, 1986; and

(2) Proof of either of the following:

(A) That prior to September 28, 1987 the Permittee filed an appeal of a denial of a special permit pursuant to former Section 8610 as it read prior to its repeal; or

(B) That the Permittee's special permit is impacted by the restrictions on fishing imposed by Section 3 of Chapter 1298 of the Statutes of 1987, which proof can be provided in either of the following two forms:

1. Landing receipts issued to the Permittee pursuant to Section 8011 of the Fish and Game Code which verify that the Permittee caught and landed at least 500 pounds of halibut, 1000 pounds of white croaker, 500 pounds of shark, 500 pounds of starry flounder or 2000 pounds of any combination of the above species in Districts 10 and 17 during the 1986-87 or 1987-88 permit year; or

2. Evidence that prior to September 28, 1987 the Permittee filed with the Fish and Game Commission an appeal of a denial of a special permit, pursuant to former Fish and Game Code Section 8610 as it read prior to its repeal, and that such appeal was upheld by the Commission.

(e) The credit worthiness of the applicant shall be considered in determining the eligibility of a loan applicant. The determination of credit worthiness shall be in the sole discretion of the Conservancy which shall utilize standard lending practices in investigating and in determining credit worthiness.

Cal. Code Regs. Tit. 14, § 13862

1. New section filed 6-12-87 as an emergency; operative 6-12-87 (Register 87, No. 25). A Certificate of Compliance must be transmitted to OAL by 11-9-87. Pursuant to Section 8 of the Act (Public Resources Code Section 31125.6(c)) and in accordance with Government Code Section 11346.2(a), these regulations shall be effective upon adoption by the Conservancy.
2. Certificate of Compliance filed 10-6-87 (Register 87, No. 42).
3. Amendment filed 4-4-88 as an emergency; operative 4-4-88 (Register 88, No. 17). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 8-2-88.
4. Certificate of Compliance transmitted to OAL 7-11-88 and filed 7-25-88 (Register 88, No. 32).

Note: Authority cited: Sections 31102 and 31125.6(c), Public Resources Code. Reference: Sections 8612(b), 8613(d), 8614(b) and (c), 8615 and 8664.9, Fish and Game Code; Section 15335.1(b), Government Code; and Sections 31125, 31125.5, 31125.6, 31126 and 31127, Public Resources Code.