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(i) Conditions of Permit. The provisions of the California Fish and Game Code relating to commercial fishing, except as modified by the provisions of these regulations, shall be a condition of all permits to be fully performed by the holders thereof, their agents, servants, employees, or those acting under their direction and control.
(j) Revocation of Permits. All permits may be revoked and cancelled by the commission upon the breach or violation of any fish and game law or regulation or violation of the terms or conditions of this permit by the holders thereof, their agents, servants, employees or those acting under their direction and control.


Note: Authority cited: Sections 710.7, 711, 8591 and 8842, Fish and Game Code. Reference: Sections 710.7, 711, 8140 and 8842, Fish and Game Code.

s 120.4. Restricted Access Fishery.
A control date of January 1, 1999, is established for the purpose of developing a restricted access spot, ridgeback, and golden prawn trawl fishery. Only those vessels which have made at least one spot, ridgeback, or golden prawn landing with trawl gear before this date may be considered for inclusion in the restricted access trawl fishery.


Note: Authority cited: Sections 8591 and 8842, Fish and Game Code. Reference: Sections 8590, 8591, 8593 and 8595, Fish and Game Code.

s 120.5. Brine Shrimp Trawling-Mono Lake, Mono County.
Permits to use or possess trawl nets for the taking of brine shrimp in Mono Lake, Mono County, pursuant to section 8842 of the Fish and Game Code may be granted only under the following terms and conditions:
(a) Qualifications of Permittee. The applicant must be a licensed commercial fisherman and operator of a currently registered commercial fishing vessel.
(b) Limitation of Permit. Not more than one permit shall be issued to any one person. No permit shall be valid for more than one vessel. Permits shall not be assigned or transferred from person to person nor from vessel to vessel.
(c) Duration of Permit. Except as otherwise provided, any permit issued pursuant to these regulations shall be in force from January 1st to December 31st, or, if issued after the beginning of such term, for the remainder thereof.
(d) Permit Area. Mono Lake, Mono County.
(e) Season. All year.
(f) Gear Specifications. Any trawl net.
(g) Limitation of Gear.
(1) Nets used for the taking of brine shrimp under this regulation may not be possessed in any area except Mono Lake, Mono County, and on shore within one mile from the edge of the lake.
(2) The holder of a permit to take brine shrimp in Mono Lake, Mono County, may transport any trawl net across any district closed to the possession of said nets for the purpose of using same in Mono Lake.
(h) Incidentally Caught Fish. All other fish or shellfish incidentally captured in trawling for brine shrimp must be returned immediately to the lake.
(i) Conditions of Permit. The provisions of the Fish and Game Code of California relating to commercial fishing except as modified by the provisions of this permit shall be a condition of all permits to be fully performed by the holders thereof, their agents, servants, employees, or those acting under their direction or control.
(j) Revocation. All permits may be revoked or suspended by the Fish and Game Commission for a period of not to exceed one year for any violation of the terms or conditions of this permit by the holders thereof, their agents, servants, employees or those acting under their direction or control.
(k) Cost of Permit. See subsection 699(b) of these regulations for the fee for this permit.


Note: Authority cited: Section 8842, Fish and Game Code. Reference: Section 8842, Fish and Game Code.

s 120.6. Use of Powered Equipment of the Type, Size and Specifications Hereinafter Noted to Take Crustaceans.
Powered equipment may be used to take only Callianassa affinis, Callianassa californiensis, and Callianassa giga (commonly called ghost shrimp) under the following conditions:
(a) Powered equipment is a hand operated hydraulic pump or a pump driven by an engine not to exceed 5 horsepower. Intake and outlets of suction and hydraulic nozzles shall not be in excess of an inside diameter of 2 inches. The hydraulic nozzle shall not be longer nor extended into any tideland sands to a depth greater than 3 feet, and all engine-driven pumps shall have a shut-off valve at the nozzle.
(b) Each person operating or assisting in operating such equipment will be required to possess a commercial fishing license and a permit as provided by this section.
(c) Permits may be issued annually for the period of the commercial fishing license on application filed at one of the Department of Fish and Game offices. Permits may contain additional terms and conditions, including areas of use, as prescribed by the Department of Fish and Game. See subsection 699(b) of these regulations for the fee for this permit.
(d) Powered equipment may be used on intertidal areas, that is, between high water and low water marks, except powered equipment shall not be used in Tomales Bay, Bodega Harbor or Bolinas Lagoon. In Morrow Bay engine-driven hydraulic pumps may not be used south of a line running 230 magnetic from the public boat ramp at the south end of the Embarcadero.
(e) Holes created in the mudflat surface by engine-driven pumps shall not exceed 8 feet in any horizontal dimension, nor more than 12 inches in depth.
(f) Mollusks and crustaceans, other than ghost shrimp, exposed or hydraulically sluiced to the surface, shall be returned immediately to their natural habitat, and no fish, mollusks or crustaceans, other than ghost shrimp shall be possessed by the permittee at any time during pumping operations or while traveling to or from pumping operations.
(g) Each permittee shall have his permit in his possession while operating such equipment.
(h) A permit shall not be assigned or transferred, and any right or privilege granted thereunder is subject to revocation by the Fish and Game Commission at any time.
(i) All provisions of the following numbered sections of the Fish and Game Code shall be a condition of all permits to be fully performed by the holders thereof, viz: 7700-7855, 8010-8024, 8250-8283, 8603, 8630-8634, 9050-9053. All section numbers are inclusive.
(j) Permits shall only be issued upon the conditions contained in the application and signed by the applicant that he has read, understands, and agrees to be bound by all terms of the permit.
(k) Any permit may be revoked or suspended for a period fixed by the commission, upon the breach or violation of the terms of the permit, or any of the foregoing sections of the Fish and Game Code, or any of these regulations, or if, in the opinion of the department, the resource is endangered. Any person who has had his permit revoked may be required to appear before the Fish and Game Commission when applying for a new permit. For a period of not more than one year, the commission may defer action upon the application of any person who uses powered equipment to take ghost shrimp without first having secured a permit under these regulations.


Note: Authority cited: Sections 8500 and 9053, Fish and Game Code. Reference: Sections 8500 and 9053, Fish and Game Code.

s 120.7. Taking of Sea Urchins for Commercial Purposes.
(a) Permit Required.
(1) Any person taking or assisting in the taking of sea urchins for commercial purposes shall have obtained a valid sea urchin permit and shall be in possession of said permit when engaged in such activities. A sea urchin diving permit is not required to operate or assist in operating a vessel used to take sea urchins, however, no person without a valid sea urchin diving permit shall engage in diving from a vessel from which sea urchins are being taken or possessed for commercial purposes, unless authorized by the department's marine region regional manager or his or her designee for the purposes of sea urchin management or research.
(2) To provide an economic incentive for cooperative sea urchin management and research activity, and notwithstanding any other portion of this section, the department may authorize the holder of a valid sea urchin diving permit to harvest (take, possess, land and/or sell) red sea urchins during a closed season or in a closed area, subject to such restrictions regarding date(s), location(s), time(s), size, poundage or other matters as specified by the department. Any data collected during such harvest activity shall be made available to the department. The form of this authorization shall be a letter from the department's marine region regional manager or his or her designee issued to the permittee and containing all conditions of use.
(b) Classes of Permits.
(1) Sea Urchin Diving Permit. Sea urchin diving permits will be issued to licensed commercial fishermen 16 years of age or older who have qualified for permits pursuant to subsection (c).
(2) Sea Urchin Crewmember Permit. Sea urchin crewmember permits will be issued to licensed commercial fishermen 16 years of age or older who do not qualify for sea urchin diving permits.
(c) Prior Permittees:
(1) Applicants for sea urchin diving permits must have held a valid, unrevoked sea urchin diving permit in the immediately preceding permit year (April 1- March 31).
(2) Applications for renewal of sea urchin diving permits shall be received by the department or, if mailed, postmarked no later than June 30 of each permit year. Each application must be accompanied by evidence that the qualification requirements specified in this subsection have been met. Applications received by the department or, if mailed, postmarked after June 30 and before August 1 will be assessed a $50 late fee. Applications received by the department or, if mailed, postmarked after July 31 will not be considered.
(d) Number of Permits.
(1) All qualified prior sea urchin diving permittees shall be eligible to receive diving permits regardless of the number issued.
(2) If the number of diving permits issued to prior permittees is more than 300, the total number of new sea urchin diving permits available for issuance shall be one-tenth the difference between the total number of sea urchin diving permits issued prior to August 1 of the current permit year and the total number of sea urchin permits issued during the immediately preceding permit year. If the number of diving permits issued to prior permittees is less than 300, the number of new sea urchin diving permits to be issued shall be the difference between the number of diving permits issued to prior permittees and 300. If the number of permits issued to prior permittees is 300, no new sea urchin diving permits shall be available.
(e) New Permittees:
(1) Applications for the issuance of any new sea urchin diving permits that may become available each year shall be received by the department or, if mailed, postmarked no later than June 30. Applications shall be submitted to the department's License and Revenue Branch, 3211 S Street, Sacramento, CA 95816. If any new sea urchin diving permits are available for issuance, as provided in subsection (d)(2), they shall be issued to licensed commercial fishermen who held, for each of the two immediately preceding permit years, a valid sea urchin crewmember permit.
(2) If there are more applicants for sea urchin diving permits than there are permits available, a drawing will be held to determine which applicants will be eligible to purchase permits. Any person who submits more than one application for a new sea urchin diving permit in any one permit year will be excluded from the drawing. Each applicant who meets the criteria in subsection (e)(1) shall be entered into the drawing once. In addition, each applicant shall be entered into the drawing one more time for each additional year, above the minimum required two years, that the applicant possessed a valid sea urchin crewmember permit. No applicant shall be entered more than five times for each drawing. The drawing will be held on the third Wednesday in August each year. Permits will be issued to successful applicants in the order drawn. Payment of the fee for the sea urchin diving permit must be received at the department's License and Revenue Branch, 3211 S Street, Sacramento, CA 95816 on or before September 25.
(f) Fee. The fee for sea urchin crewmember permits shall be the amount authorized by Section 699 of these regulations.
(g) Appeal. Any applicant who is denied a sea urchin diving permit for any reason may appeal the denial to the department in writing, describing the basis for the appeal. The appeal must be received by the department not later than March 31 following the permit year in which the appellant last held a valid sea urchin diving permit. 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.
(h) Vessel Identification. When sea urchins are taken under these regulations, the vessel's commercial registration number shall be displayed on both sides of the boat. The number shall be black, at least 10 inches high, and on a white background. All permittees aboard the boat shall be mutually responsible for the proper display of the vessel's commercial registration number.
(i) Conditions of the Permit:
(1) No person shall take or possess lobsters or abalone aboard any boat used to take sea urchins under these regulations on any day that sea urchins have been taken or are to be taken.
(2) Hydraulic lifts and air lifts shall be used only in such a manner that no rocks or other mineral matter, aquatic plants, fish or other aquatic life except sea urchins, shall be removed from the bottom or otherwise disturbed.
(j) Revocation of Permits. Any permit may be suspended, revoked, or canceled by the commission upon breach or violation of any fish and game regulation pertaining to the take of sea urchins or abalone; or violation of the terms or conditions of the permit by the holders thereof, their agents, servants, employees or those acting under their direction and control.
(k) Exemption from Tidal Invertebrate Permit. A sea urchin diver or sea urchin crewmember operating under the provisions of this section is not required to possess a Tidal Invertebrate Permit, but is subject to the provisions of section 123, Title 14, CCR.
(l) Fishing Season.
(1) From November 1 through March 31 the open season for red sea urchins is seven days per week.
(2) In April, May, September and October the open season for red sea urchins is Monday, Tuesday, Wednesday and Thursday.
(3) In June and August the open season for red sea urchins is Monday, Tuesday, and Wednesday.
(4) In July the season for red sea urchins is Monday and Tuesday.
(5) During any closed period, no red sea urchins may be possessed on any commercially registered vessel, except that any commercially registered vessel may transport red sea urchins after any closure goes into effect, provided that the vessel is in port no later than 0800 hours on the first day of the closed period.
(m) Logbooks. Any person who operates a vessel used for the commercial harvest of sea urchins shall prepare a daily record of the vessel's sea urchin fishing activities on a form (DFG-120.7 (5/99)), incorporated herein by reference, provided by the department before the sea urchins are landed. The completed daily records shall be sent to the Fort Bragg office of the Department of Fish and Game for fishing activities north of the Monterey-San Luis Obispo county line, and to the Los Alamitos, office for fishing activities south of the Monterey-San Luis Obispo county line on or before the tenth day of each month following the month to which the records pertain.
(n) Closed Areas.
(1) Sea urchins shall not be taken for commercial purposes in state marine reserves or state marine parks. Specific regulations in state marine conservation areas may prohibit the commercial take of sea urchins as per subsection 632(b).
(2) The Gerstle Cove area in Salt Point State Marine Conservation Area (Sonoma County) is closed to all commercial fishing for sea urchins. This area is delimited as all the ocean waters east of a line extending 180 <> true from the southernmost point of Salt Point (38 <>33.92'N. lat. 123 << degrees>> 19.89' W. long.) and north of a line extending 270 <> true from the westernmost point of land of the unnamed point at the southern end> of Gerstle Cove (38 <>33.6'N. lat. 123 <> 19.37'W. long.).
(3) The South Caspar Point area in Mendocino County is closed to all commercial fishing for sea urchins. This area is bounded on the north by a line extending 90 <> magnetic from sea to the mouth of Caspar Creek (north bank) in Caspar Cove, on the south by the northern boundary of the Point Cabrillo State Marine Conservation Area and its westward extension to the 120-foot depth contour, on the west by 120-foot depth contour line connecting the north and south boundary lines, and on the East by the mainland shore. The Point Cabrillo State Marine Conservation Area remains closed to the take of all forms of marine life except as permitted in subsection 632(b).
(o) Size Limit.
(1) In southern California (south of the Monterey-San Luis Obispo county line) no red sea urchin between one and one-half (1 1/2) and three and one-quarter (3 1/4) inches in shell diameter, not including the spines or any portion of their ball-and-socket attachment to the shell, may be taken, possessed, sold, or purchased, except that not more than thirty (30) such red sea urchins per permittee per load may be taken, possessed, sold or purchased.
(2) In northern California (north of the Monterey-San Luis Obispo county line) no red sea urchin between one and one-half (1 1/2)and three and one-half (3 1/2) inches in shell diameter, not including the spines or any portion of their ball-and-socket attachment to the shell, may be taken, possessed, sold or purchased, except that not more than thirty (30) such red sea urchins per permittee per load may be taken, possessed, sold or purchased.
(3) Red sea urchins less than one and one-half (1 1/2) inches in shell diameter shall not be considered as part of the thirty (30) undersized red sea urchins per permittee per load that may be taken, possessed, sold or purchased.
(4) Every sea urchin permittee shall carry and use an accurate measuring device, to determine the size of red sea urchins being taken as specified in subsections (o)(1) and (o)(2) above, while diving for sea urchins for commercial purposes.
(p) Authorization of an Assistant for a Sea Urchin Diver Permittee.
(1) Authorization by Department. The holder of a sea urchin diving permit, who, after entering the sea urchin fishery, becomes, due to a severe unforeseen or catastrophic long-term (expected to be for one year or longer) or permanent injury or disease, physically unable to dive, may designate a specific individual as an assistant, upon written approval from the department. The department may authorize, in writing, any one specific individual to be designated by the permittee as an assistant, providing the following conditions have been met:
(A) the permittee provides documentation from a qualified physician that the permittee suffers from the disease or injury and it will prevent the permittee from diving. Such conditions shall not include short or long-term common illnesses, conditions caused or primarily exacerbated by aging, or any other condition which appears to be marginal or common, such as routine back or neck problems;
(B) the permittee has no violations or pending violations for which his or her permit could be revoked;
(C) the proposed assistant has a current California commercial fishing license and has not had any California commercial fishing license or permit suspended or revoked; has never been convicted, and no charges are pending for a violation of any provision of the Fish and Game Code or Title 14, California Code of Regulations.
(2) Special Provisions:
(A) The authorized sea urchin diver assistant may take or assist in the taking of sea urchin only when in the company of the permittee.
(B) The permittee shall have no authority to, and shall not dive for sea urchin while a valid letter authorizing the permittee to designate an assistant exists, regardless of whether or not the assistant is actively diving.
(C) The authorized sea urchin diver assistant shall have no right to ownership or transfer of the permit beyond that which is otherwise provided by law.
(D) The sea urchin diving permit, in addition to the sea urchin diver assistant authority shall be subject to revocation, suspension or other actions provided in law or regulation, upon violations committed by the assistant, when acting under the authority of a sea urchin diver assistant. The assistant shall take no actions authorized pursuant to a sea urchin diver permit without the consent of the permittee.
(E) The department shall review the authority authorized pursuant to this section at least once every year and may withdraw the authority if any of the conditions are not met.
(3) Fee Requirement. Any person authorized as an assistant pursuant to this subsection shall annually pay a fee to the department equal to the amount required of permittees pursuant to Fish and Game Code Section 9055.
(4) Required Possession of Department Authorization. The assistant shall carry the department's letter of authority whenever conducting activities authorized pursuant to the subsection.
(5) The department shall report to the commission within 18 months of the enactment of these provisions on the merits of the program. The department shall make a recommendation to the commission to either continue or discontinue the program, based on achievements and problems associated with the administration of these provisions.


Note: Authority cited: Sections 1050, 9054 and 9055, Fish and Game Code. Reference: Sections 1050, 7850, 7852.2, 7857, 9054 and 9055, Fish and Game Code.

s 121. Lobsters, Spiny. Possession During Closed Season.
No spiny lobsters may be sold or possessed during the closed season except as follows: Lobsters taken or imported during the open season which were cooked and frozen or frozen prior to the close of the open season, and lobsters imported into California during the twenty-six (26) days following the close of the open season, provided such lobsters were cooked and frozen or frozen prior to importation. During the closed season, after the twenty-six (26) day importation period, no spiny lobsters may be possessed on any boat, barge, or vessel.


Note: Authority cited: Sections 240 and 2365, Fish and Game Code. Reference: Sections 240, 2365 and 8254, Fish and Game Code.

s 121.5. Lobsters, Spiny. Verification of Size.
(a) All California spiny lobsters (Panulirus interruptus) taken, possessed, transported or sold must be maintained in such a condition that their size can be determined pursuant to Fish and Game Code Section 8252 until prepared for immediate consumption or sold to the ultimate consumer except as provided for in subsection (b) below.
(b) California spiny lobsters may be split along the midline of the carapace by persons licensed pursuant to Fish and Game Code Section 8034 (Fish Processors License) or Section 8037 (Commercial Fish Business License) provided both halves of each lobster are kept together by banding or packaging until either displayed for purchase by the ultimate consumer or prepared for immediate consumption.


Note: Authority cited: Sections 240, 2365 and 8254, Fish and Game Code. Reference: Sections 240, 2365 and 8254, Fish and Game Code.

s 122. Lobsters, Permits to Take.
(a) Classes of Lobster Permits.
(1) There is a transferable lobster operator permit, a non-transferable lobster operator permit and a lobster crewmember permit.
(2) Under operator permits issued by the department, licensed commercial fishermen may use traps to take spiny lobsters for commercial purposes in Districts 18, 19, 20A, and that part of District 20 southerly of Santa Catalina Island between Southeast Rock and China Point. No other method of take is authorized for the commercial harvest of spiny lobsters.
(3) Any licensed commercial fisherman not eligible to obtain a lobster operator permit pursuant to this section may purchase a lobster crewmember permit, authorizing him/her to accompany the holder of a lobster operator permit and to assist that person in the commercial take of spiny lobster.
(b) Each lobster permit shall be issued annually and shall be valid for the period of the commercial lobster season. Each operator and crewmember permittee shall have his/her permit in possession when taking lobsters.
(c) Except as provided in this section, a permit shall not be assigned or transferred, and any right or privilege granted thereunder is subject to revocation, without notice, by the Fish and Game Commission, at any time.
(d) Applicants for the renewal of lobster operator permits shall have held a valid lobster operator permit, that has not been suspended or revoked, in the immediately preceding permit year.
(e) Transferable Lobster Operator Permit Qualification Criteria and Procedures:
(1) To qualify for a transferable lobster operator permit, an individual shall hold a valid 2005-06 lobster operator permit that has not been suspended or revoked and have landed a minimum of 500 pounds of lobster per year during any 4 of the 5 permit years from 1996-97 through 2000-01, inclusive, or have landed a minimum of 2,000 pounds of lobster per year during any 2 of those 5 permit years as documented by fish landing receipts submitted to the department in his or her name and commercial fishing license identification number pursuant to Section 8046, Fish and Game Code.
(2) Beginning on July 1, 2005 or 30 calendar days after the effective date of these regulations, whichever date is later, the department shall make an initial determination, based on department records, of which holders of valid 2005-06 lobster operator permits, that have not been suspended or revoked, meet the qualifications for a transferable lobster operator permit specified in subsection (e)(1) above and shall mail notice of such determination, to the last address on record with the department, to all 2005-06 lobster operator permit holders. Each person who meets the qualifications will have his/her permit designated by the department as a transferable lobster operator permit.
(3) The holder of a 2005-06 lobster operator permit who is notified by the department that he/she does not meet the qualifications for a transferable lobster operator permit may submit to the department's License and Revenue Branch, 3211 "S" Street, Sacramento, CA 95816, copies of fish landing receipts that have been issued in his/her name and commercial fishing license identification number pursuant to sections 8043 and 8046, Fish and Game Code, that demonstrate he/she does meet the qualifications in subsection (e)(1) above. Such fish landing receipts and a letter requesting that his/her permit be designated as a transferable lobster operator permit shall be submitted to the department on or before March 31, 2006. Any request postmarked or presented after March 31, 2006 will not be considered.
(4) The holder of a 2005-06 lobster operator permit not able to meet these qualification criteria or meeting them and failing to submit his/her fish landing receipts on or before March 31, 2006, pursuant to subsection (e)(3) above shall have his/her permit designated a non-transferable lobster operator permit, effective with the 2006-07 license year.
(5) The holder of a valid lobster operator permit that has not been suspended or revoked, from the immediately preceding permit year shall be eligible to purchase a lobster operator permit of the same classification.
(f) Procedures and Deadline for Permit Renewal and Forfeiture of Non-renewed Permits.
Applications for renewal of transferable and non-transferable lobster operator permits must be received by the department or if mailed, postmarked not later than April 30 of each year. Applications presented or postmarked after April 30 and before June 1 will be assessed a late penalty pursuant to Section 7852.2 of the Fish and Game Code. Applications postmarked or presented after May 31 will not be considered. The holder of a transferable or non-transferable lobster operator permit who fails to renew his/her permit on or before May 31 will be considered to have forfeited that permit to the department and shall thereafter be able to commercially fish for lobster only under the authority of a lobster crewmember permit or by obtaining a transferable lobster operator permit pursuant to these regulations.
(g) Procedures, Timelines and Initial Limit on Permit Transfers.
(1) The holder of a valid transferable lobster operator permit that has not been suspended or revoked may transfer his/her permit to another person licensed as a California commercial fisherman. The application to transfer a permit shall be in the form of a notarized letter from the existing permit holder identifying the transferee and shall include the original transferable lobster operator permit, a copy of the transferee's commercial fishing license and a nonrefundable permit transfer fee of five hundred dollars ($500). The application shall be submitted to the department's License and Revenue Branch, 3211 "S" Street, Sacramento, CA 95816. The transferable lobster operator permit shall be valid for the remainder, if any, of the then current lobster season and may be renewed in subsequent years pursuant to these regulations. If the transferee holds a non-transferable lobster operator permit, that permit shall be cancelled.
(2) Not more than 10 applications to transfer a permit shall be processed by the department during each license year (April 1-March 31) until March 31, 2008, after which date there is no limit on the number of transfers that may be processed during a license year. Applications will be processed in the order received. If on any given day the number of applications received is greater than the available number of transfers, the department shall conduct a drawing to determine which application(s) shall be processed. This subsection shall not apply in the event of the death of the permit holder. The estate of the holder of a transferable lobster operator permit may renew that permit as provided for in these regulations if needed to keep it valid. The estate of the decedent may transfer that permit pursuant to subsection (g)(1) above not later than one year from the date of death of the permit holder as listed on the death certificate.
(h) No SCUBA equipment or other artificial breathing device may be used to take lobster on any boat being operated pursuant to a commercial lobster permit.
(i) All provisions of the Fish and Game Code and regulations of the Fish and Game Commission relating to lobsters shall be a condition of all permits to be fully performed by the holders thereof, their agents, servants, employees, or those acting under their direction or control.
(j) Exemption from Tidal Invertebrate Permit. A lobster operator or crewmember operating under the provisions of a lobster permit is not required to possess a Tidal Invertebrate Permit, but is subject to the provisions of Section 123.
(k) No lobster trap used under authority of this permit shall be pulled or raised or placed in the water between one hour after sunset to one hour before sunrise.
(l) All lobster traps and receivers impounding lobsters shall be individually buoyed. The buoys must be on the surface of the water, except after the first Tuesday in October when buoys may be submerged by means of metallic timing devices, commonly called "pop-ups."
(m) Each buoy identifying a lobster trap shall display the commercial fishing license identification number of the lobster operator permit holder followed by the letter P. The commercial fishing license number and the letter P shall be in a color which contrasts with that of the buoy and shall be at least one (1) inch in height and at least one-eighth (1/8) inch in width.
(n) Any person pulling or raising lobster traps and receivers bearing a commercial fishing license number other than his/her own must have in his/her possession from the party who holds the permit assigned to said gear written permission to pull the traps, or receivers.
(o) The employees of the department may disturb or move any lobster trap at any time while such employees are engaged in the performance of their official duties and shall inspect any lobster trap to determine whether it is in compliance with all provisions of the Fish and Game Code and regulations of the commission.
(p) During the closed season for the taking of spiny lobster, no buoy attached to any trap may be marked in such manner as to identify the trap as a lobster trap, except that legally marked lobster traps may be placed in the water not more than six (6) days before the opening of the season and may remain in the water for not more than six (6) days after the close of the season, if the door or doors to such traps are wired open, the trap is unbaited, the buoy remains at the surface of the ocean, and no attempt is made to take spiny lobsters.
(q) Restricted fishing areas.
(1) No lobster trap used under the authority of this permit shall be used within 750 feet of any publicly-owned pier, wharf, jetty or breakwater; however, such traps may be used to within 75 feet of any privately-owned pier, wharf, jetty or breakwater.
(2) No lobster traps shall be set or operated within 250 feet of the following specified navigation channels.
(A) Newport Bay: Starting at the demarcation line at the entrance to Newport Bay and extension of the west side channel line, proceed southeasterly on a bearing of 151 <> magnetic one nautical mile; then northeasterly 44 << degrees>> magnetic 500 feet; then northwesterly 331 <> magnetic one nautical mile to the demarcation line and an extension of the east side channel line.
(B) Dana Point Harbor: Starting from Dana Point east jetty light "6," proceed on a bearing of 120 <> magnetic 450 yards to red buoy "4"; then south 180 <> magnetic one nautical mile; then westerly 270 <>, 300 yards; then north 0 <> magnetic approximately one nautical mile to Dana Point Harbor light "5."
(C) Oceanside Harbor: Starting from Oceanside Harbor breakwater light "1," proceed on a bearing of 225 <> magnetic for one nautical mile; then southeast for 450 yards on a bearing of 110 <> magnetic; then northeast on a bearing of 35 <> magnetic for one nautical mile to Oceanside Harbor south jetty light "2"; then west-southwest on a bearing of 253 <> to the point of beginning at Oceanside Harbor breakwater light "1."
(r) Records. Pursuant to section 190 of these regulations, any person who owns and/or operates any vessel used to take lobsters shall complete and submit an accurate record of his/her lobster fishing activities on a form (Daily Lobster Log, DFG 122 (7/96), incorporated herein by reference) provided by the department.
(s) The person required to submit logs pursuant to these regulations shall have complied with said regulations during the immediate past license year, or during the last year such person held a permit, in order to be eligible for a successive year annual permit.
(t) Any person denied a permit under these regulations may request a hearing before the commission to show cause why his/her permit request should not be denied. Such request must be received by the commission within 60 days of the department's denial. Any person denied the designation of his/her lobster operator permit as a transferable lobster operator permit pursuant to subsection (e) of these regulation may appeal the denial to the commission. Such appeal must be received by the commission within 60 days of the department's denial.


Note: Authority cited: Sections 8254 and 8259, Fish and Game Code. Reference: Sections 2365, 7852.2, 8043, 8046, 8250-8259, 9002-9006 and 9010, Fish and Game Code.

s 123. Tidal Invertebrates.
Marine invertebrates shall not be taken for commercial purposes in any tide pool or tidal area, including tide flats or other areas between the high tide mark and 1,000 feet beyond the low tide mark of any natural or constructed shoreline, except as otherwise provided in this section. Revocable Tidal Invertebrate Permits may be issued by the department in accordance with the following regulations:
(a) Qualifications of Permittee.
The applicant must be a licensed commercial fisherman. If a vessel is used in taking or transporting tidal invertebrates for commercial purposes, the vessel must be currently registered and all fishermen on the vessel must possess a valid Tidal Invertebrate Permit.
(b) Limitation of Permit.
Not more than one permit shall be issued to any one person. Permits shall not be assigned or transferred from person to person.
(c) Duration of Permit and Fee for Permit: Any Tidal Invertebrate Permit issued pursuant to these regulations shall be valid from April 1 to March 31 of the following year, or, if issued after the beginning of such term for the remainder thereof. See subsection 699(b) of these regulations for the fee for this permit.
(d) Permit Exemption.
Commercial fishermen taking only lobster, sea cucumber, squid, crab or sea urchin need not possess the permit as required in this section but are subject to the provisions of this section and must have the appropriate permits to take such species as required by Fish and Game Code sections 8254, 8405, 8421, 9001 and 9054, and regulations adopted pursuant thereto.
(e) Provisions of this section do not apply to commercial fishermen taking freshwater clams or crayfish in inland waters.
(f) Permit Conditions.
(1) Under the terms of a Tidal Invertebrate Permit issued pursuant to this section only the following invertebrates may be take for commercial purposes: barnacles, chiones, clams, cockles, sand crabs, limpets, mussels, sand dollars, octopuses, shrimp, sea hares, starfish, worms and native oysters subject to the following restrictions:
(A) Marine worms shall not be taken in any mussel bed, nor shall any person pick up, remove, detach from the substrate any other organisms, or breakup, remove, alter or destroy any rock or other substrate or surfaces to which organisms are attached to obtain marine worms.
(B) Clams may only be taken in accordance with restrictions listed pursuant to Fish and Game Code sections 8340-8343, and 8346.
(2) Marine invertebrates may not be taken for commercial purposes in state marine reserves or state marine parks. Commercial take of marine invertebrates may be limited in state marine conservation areas pursuant to specific regulations in subsection 632(b).


Note: Authority cited: Section 8500, Fish and Game Code. Reference: Sections 8254, 8305.5, 8306.8, 8396, 8500, 9001 and 9054, Fish and Game Code.

s 125. Commercial Take of Rock Crab.
(a) Permit Required for Take Using Trap Gear.
Effective April 1, 2005, any person using traps to take, possess aboard a vessel, use as bait, or land rock crab (Cancer antennarius, C. anthonyi,orC. productus) for commercial purposes shall have a valid general trap permit issued pursuant to Fish and Game Code Section 9001 and either a northern or southern rock crab trap permit as described in this Section that has not been suspended or revoked.
(1) Presence of Permit Holder Aboard a Vessel. At least one rock crab trap permit holder shall be on board at all times when taking, possessing aboard a vessel, using as bait, or landing rock crab using trap gear. If a support vessel is used, a rock crab trap permit holder shall be on each vessel when taking rock crab.
(2) Crewmembers. Any licensed commercial fisherman working on a vessel utilizing commercial rock crab trap gear shall possess a valid general trap permit that has not been suspended or revoked. Crewmembers are not required to hold a rock crab trap permit.
(3) Fishermen holding lobster operator or crewmember permits issued pursuant to Fish and Game Code Section 8254 and Section 122, Title 14, CCR, taking rock crab incidentally as authorized in Fish and Game Code Section 8250.5 during the lobster fishing season specified in Fish and Game Code Section 8251 and in lobster trap gear as defined in Fish and Game Code Section 9010, are exempt from the rock crab trap permit requirements of this Section.
(b) Permit Conditions.
(1) Commercial rock crab trap permits are issued conditional upon all provisions of the Fish and Game Code and regulations of the Fish and Game Commission relating to crabs and traps.
(2) Pursuant to Fish and Game Code Section 9005, every trap or string of traps deployed for purposes of commercially harvesting rock crab shall be marked with a buoy.
(3) Timed buoy release mechanisms capable of submerging a buoy attached to a trap, commonly known as "pop-ups," shall not be used on buoy lines attached to rock crab traps, and shall not be possessed by any commercial rock crab trap permittee on any vessel while taking or attempting to take rock crab.
(c) Permit Areas.
(1) The northern rock crab trap permit is required only in ocean waters between 42 [FNo] 00' N. lat. (the Oregon/California border) and 36 [FNo] 00' N. lat. (at Lopez Point, Monterey County).
(2) The southern rock crab trap permit is required only in ocean waters south of 36 [FNo] 00' N. lat. (at Lopez Point, Monterey County).
(d) Northern Rock Crab Trap Permit Issuance.
(1) A person is eligible to purchase a northern rock crab trap permit if the individual meets all of the following criteria:
(A) the individual must be a licensed commercial fisherman;
(B) the individual must possess a valid general trap permit, issued pursuant to Fish and Game Code Section 9001, that has not been suspended or revoked; and
(C) each year the individual must submit to the department a northern rock crab trap permit application form DFG 1375 (6/04), which is incorporated by reference herein, and the annual permit fee specified in subsection (f).
(e) Southern Rock Crab Trap Permit Issuance.
(1) Initial Permit Issuance. During the 2005-2006 permit year, any person is eligible for initial issuance of a southern rock crab trap permit if the individual meets all of the following criteria:
(A) the individual must be a licensed commercial fisherman; and
(B) the individual must possess a valid general trap permit, issued pursuant to Fish and Game Code Section 9001, that has not been suspended or revoked; and
(C) the individual must have landed a minimum of 500 pounds of rock crab utilizing trap gear between January 1, 1998 and December 31, 2003 at ports located within the southern permit area as defined in subsection (c), and as documented by fish landing receipts submitted to the department in the individual's name and commercial fishing license identification number pursuant to Fish and Game Code Section 8046. Individuals who hold a Nearshore Fishery Trap Endorsement issued pursuant to Section 150.03, Title 14, CCR, are exempt from this eligibility requirement.
(D) Application Deadlines for Southern Rock Crab Trap Permit. A southern rock crab trap application form DFG 1324(6/04), which is incorporated by reference herein, and the annual permit fee specified in subsection (f) must be received by the department or, if mailed, must be postmarked on or before September 30, 2005. Applications for initial issuance of a southern rock crab trap permit received by the department, or, if mailed, postmarked from October 1 through October 31, 2005 will be assessed a $50 late fee. Applications and permit fees for initial issuance of southern rock crab trap permits received, or, if mailed, postmarked after October 31, 2005 shall be returned to the applicant unissued.
(2) Southern Rock Crab Trap Permit Renewal. Southern rock crab trap permits must be renewed annually.
(A) Beginning with the 2006-2007 permit year, only persons who held a valid southern rock crab trap permit during the immediately preceding permit year are eligible to obtain a permit for the following permit year.
(B) All applications and permit fees for renewal of a southern rock crab trap permit shall be received by the department, or, if mailed, postmarked on or before April 30 of each year. Applications for renewal of a southern rock crab trap permit received by the department, or if mailed, postmarked from May 1 through May 31 will be assessed a $50 late fee. Applications for renewal of a southern rock crab trap permit received or postmarked after May 31 shall be returned to the applicant unissued.
(f) Fees.
(1) Northern rock crab trap permit. The department shall charge an annual fee of two hundred and fifty dollars ($250.00).
(2) Southern rock crab trap permit. The department shall charge an annual fee of two hundred and fifty dollars ($250.00).
(g) Permit Revocation. Pursuant to Fish and Game Code Section 1054, a rock crab trap permit shall be revoked if the applicant or permittee submits false information for the purposes of obtaining or renewing a rock crab trap permit.
(h) Appeals.
(1) Southern Rock Crab Trap Permit Initial Issuance Appeals. Any applicant who is denied initial issuance of a southern rock crab trap permit for any reason by the department may appeal that denial to the commission in writing, describing the basis for the appeal. The appeal shall be received by the commission or, if mailed, postmarked on or before March 31, 2006.
(2) Southern Rock Crab Trap Renewal Appeals. Any applicant who is denied renewal of a southern rock crab trap permit for any reason may appeal that denial 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 following the permit year in which the applicant last held a valid southern rock crab trap permit. 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.
(i) Restricted Access.
A control date of January 1, 2003 is established for the purpose of considering a future restricted access southern rock crab trap fishery. Landings on or after this date may not apply toward a permit in a future restricted access program for the southern rock crab trap fishery if one is developed.
(j) Tidal Invertebrate permits issued pursuant to Section 123, Title 14, CCR, are not required for the commercial take of rock crab.


Note: Authority cited: Sections 1050 and 8282, Fish and Game Code. Reference: Sections 1050, 8250.5, 8282, 8284, 9000, 9001, 9002, 9005, 9006 and 9011, Fish and Game Code.

s 126. Commercial Take of Tanner Crab.
(a) Permit Required for Take and Possession Using Trap Gear. Any vessel using traps to take, possess aboard a vessel, or land Tanner crab (Chionoecetes spp.) for commercial purposes shall have a valid Tanner Crab Trap Vessel Permit. Tanner crab taken incidentally in other trap fisheries may not be possessed and must be immediately returned to the water unless the vessel is issued a Tanner Crab Trap Vessel Permit. A Tanner Crab Trap Vessel Permit is not required to incidentally take, possess or land Tanner crab with gear other than trap gear. For purposes of this Section, the term "Tanner crab" includes all species of the genusChionoecetes.
(1) Permit Issuance Provisions.
(A) An applicant is eligible to purchase a Tanner Crab Trap Vessel Permit for placement on a vessel if the following conditions are met:
1. The vessel must be issued a valid commercial boat registration pursuant to Fish and Game Code Section 7881.
2. The applicant must hold a valid commercial fishing license issued pursuant to Fish and Game Code Section 7850.
3. The applicant must submit a Tanner Crab Trap Vessel Permit application form FG 1439 (9/05), which is incorporated by reference herein, and the permit fee specified in subsection (a)(2).
(B) There are no deadlines or late fees for purchase of a Tanner Crab Trap Vessel Permit. The sale of Tanner Crab Trap Vessel Permits is not restricted and therefore permits are not subject to renewal requirements.
(2) Permit Fee. The Department shall charge a fee of $10,000 for a Tanner Crab Trap Vessel Permit that is valid from April 1 through March 31.
(3) Other Permits Required,
(A) Any person who operates or assists on any vessel for purposes of taking, transporting or landing Tanner crab under authority of a Tanner Crab Trap Vessel Permit shall possess a valid commercial fishing license issued pursuant to Fish and Game Code Section 7850, unless expressly exempted by that Section.
(B) Any person operating under authority of Fish and Game Code Section 7850 who operates or assists on any vessel when trap gear is aboard for purposes of taking, transporting or landing Tanner crab under authority of a Tanner Crab Trap Vessel Permit shall also possess a valid General Trap Permit issued pursuant to Fish and Game Code Section 9001.
(4) Tanner Crab Trap Construction Requirements, Specifications, and Limits.
(A) State Trapping Requirements. As a condition of this permit, Tanner crab traps and commercial Tanner crab trap fishing activities are subject to statutes and regulations that define and specify the following general trap requirements: trap logbooks and submission requirements, trap destruction devices, disturbing traps of another, trap servicing intervals not to exceed 96 hours, trap marker buoys, and other trap and buoy identification requirements. These statutes and regulations are defined in Fish and Game Code sections9001, 9002, 9003, 9004, 9005, 9006, 9007, and 9008, and sections 180, 180.2, 180.5, and 190, Title 14, CCR. (continued)