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(continued)
(5) Each vessel operating under or assisting in fishing operations under a permit issued pursuant to these regulations shall have a current Fish and Game commercial boat registration and be further identified with the permittee's herring eggs on kelp permit number in 14-inch high, 2-inch wide black Roman alphabet letters and Arabic numerals painted on a white background permanently affixed to each side of the vessel. If a herring eggs on kelp vessel is also used as an assist vessel in another permittee's fishing operation, it must be identified with the number of the permit it is assisting.
(6) The permittee shall notify the department's San Francisco Bay Area Marine Region office in writing with the name and registration number of any vessel that will be used for harvesting, processing or transporting herring eggs under the authority of the permit. The permittee shall provide a copy of the current California certificate of boat registration with the permittee's written notification. The permittee shall receive written approval from the department before using a vessel for harvesting, processing or transporting herring eggs.
(7) Permittee shall notify the department's San Francisco Bay Area Marine Region office at the telephone number designated on the herring eggs on kelp permit within a 4-hour period prior to the suspension of kelp on a raft and/or lines and supply the following information:
(A) Where the kelp suspension will take place; and
(B) Where the permittee plans to fish the rafts and/or lines; and
(C) A local fax number or mailing address where confirmation of kelp suspension notification can be sent.
(k) Harvesting, Landing and Processing Requirements. Every person who harvests, receives, processes or wholesales herring eggs shall comply with the following requirements.
(1) Obtain all appropriate commercial fish business licenses and permits required by Fish and Game Code sections 8030-8038.
(2) Permittee shall notify the department's San Francisco Bay Area Marine Region office at the telephone number designated on the herring eggs on kelp permit a minimum of 12 hours prior to harvesting herring eggs on kelp on a weekday and supply the following information: description and point of departure of the vessel used; the exact location of each raft and/or line and estimated time of beginning of each operation; and if harvesting occurs, the point of landing and time of landing or off-loading of the herring eggs on kelp harvested. If any of this information changes after notification is given, the permittee shall again notify the department at the telephone number designated on the herring eggs on kelp permit.
(3) Herring eggs on kelp may be harvested any time on weekdays, but shall not be off-loaded between the hours of 10:00 p.m. and 6:00 a.m.
(4) Herring eggs on kelp may be harvested on Saturdays and Sundays at any time if the permittee reimburses the department for the cost of operations. The department shall submit a detailed invoice of its cost of operations within 30 days of providing the services. Permittee shall remit payment to the department within 30 days of the postmark date of the department's invoice. Permittee shall notify the department at the phone number designated on the herring eggs on kelp permit, during normal business hours (between 8:00 a.m. and 5:00 p.m., Mondays through Friday) prior to harvesting herring eggs on kelp on Saturday or Sunday, and shall supply the following information:
(A) Description and point of departure of the vessel used.
(B) The exact location of each raft and estimated time of the beginning of the harvesting operation, the estimated time of off-loading of the harvested product, and the point of off-loading.
(C) A local telephone number of the permittee for the immediate confirmation or clarification of the information required in subsection 164(k)(4).
(5) Permittee shall have a certified scale aboard the vessel at all times if any brining is conducted aboard that vessel. This scale shall be used to determine the total weight of herring eggs on kelp prior to brining. For the purposes of this section, all portions of the kelp blade, including all trimmed-off portions (trim), shall be considered part of the harvested product and included in the total weight of herring eggs on kelp. The stipe and pneumatocyst shall not be considered a part of the harvested product; therefore, the weight of the stipe and pneumatocyst shall not be considered in determining the total weight of herring eggs on kelp.
(6) All bins or totes shall be permanently marked with individualized serial numbers, beginning with the prefix CA, and predetermined tare weights (including lids). The serial number and predetermined tare weight shall be permanently marked in letters and numerals at least 3 inches high on each side of the bin or tote.
(7) Prior to weighing herring eggs on kelp, each receiver of herring eggs on kelp shall have a scale currently certified and sealed by the County Division of Weights and Measures.
(8) Weight tally sheets and a landing receipt shall be immediately completed upon the landing and weighing of any single permittee's boat load of harvested herring eggs on kelp (hereinafter "load").
(A) The landing receipt for each herring eggs on kelp permittee shall be completed and signed by the permittee prior to commencing unloading operations of another permittee's load.
(B) The landing receipt for each load shall include all information required by Fish and Game Code Section 8043. Tally sheets shall indicate the serial number, the tare weight of the bin or tote, the net weight of the product (eggs on kelp), excluding the salt and brine and the gross weight of each bin or tote. Filled bins or totes shall be weighed when landed on-shore, or before they are moved from the premises if processing takes place on-shore. The weight tally sheet shall be retained by the permittee for one year and shall be available at all times for inspection by the department. All herring eggs on kelp landed in excess of any established permit quota shall be forfeited to the department by the signing of a Release of Property form (FG-MR-674 (Rev. 5/02)), which is incorporated by reference herein). Such excess of herring eggs on kelp shall be sold or disposed of, and the proceeds from all such sales shall be paid into the Fish and Game Preservation Fund.
(9) There shall be no landing or off-loading of herring eggs on kelp from a permittee's vessel, from 10:00 p.m. Friday to 6:00 a.m. Monday, unless brining is conducted at a shore-based facility. If brining occurs on-shore, the permittee shall notify the department's designated contact 12 hours prior to the shipping or removal of the bins or totes from the premises.
(l) These regulations and all sections of the Fish and Game Code pertaining thereto shall be set forth in all permits. Permits shall 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.
(m) A permit may be suspended by the Department of Fish and Game for breach or violation of the terms of the permit by the permittee, or any other person(s) operating under the terms of the permit. Any such suspension may be appealed to the Fish and Game Commission pursuant to section 746 of these regulations.
(n) Authorized agents. Each herring eggs on kelp permittee may designate two authorized agents to operate under his or her permit. To designate an authorized agent, the permittee shall submit to the department's San Francisco Bay Area Marine Region office a completed, signed Authorized Agent Form (MRD 164 (8/97)) which is incorporated by reference herein. A permittee may replace an authorized agent by submitting a new Authorized Agent Form to the department's San Francisco Bay Area Marine Region office. A copy of the current California commercial fishing license for each authorized agent shall be submitted with each Authorized Agent Form. A person designated on the Authorized Agent Form shall act as an authorized agent only after the permittee has received written approval from the department. An authorized agent:
(1) May serve in the place of the permittee for all fishery activities requiring the presence or action of the permittee, including the signing of landing receipts;
(2) Shall possess a current California commercial fishing license;
(3) Shall not be another herring eggs on kelp permittee unless the other permittee has stopped fishing his or her permit for the season;
(4) Who does not hold a herring eggs on kelp permit, may act as an authorized agent for more than one herring eggs on kelp permittee.


Note: Authority cited: Sections 5510, 8389, 8553 and 8555, Fish and Game Code. Reference: Sections 7850, 7850.5, 8043, 8053, 8389 and 8550-8556, Fish and Game Code.

s 165. Harvesting of Kelp and Other Aquatic Plants.
(a) General License Provisions. Pursuant to the provisions of Section 6651 of the Fish and Game Code, no kelp or other aquatic plants may be harvested for commercial purposes except under a revocable license issued by the department.
(1) Who Shall be Licensed. Each company or individual harvesting kelp and other aquatic plants for industrial, human consumption or aquaculture purposes shall apply each year for a license on forms provided by the department. Application forms and a list of laws and regulations governing the harvest of kelp and other aquatic plants are available on request from the department's Marine Region, 20 Lower Ragsdale Drive, Suite 100, Monterey, CA 93940, and from the department's field offices in Eureka, Belmont, Los Alamitos and San Diego.
(2) Cost of License. See section 6651 of the Fish and Game Code.
(3) Where to Submit Applications. Application forms, together with the fee authorized by Section 6651 of the Fish and Game Code, shall be submitted to the department's Los Alamitos office, 4665 Lampson Avenue, Suite C, Los Alamitos, CA 90720.
(4) License Limitation. All provisions of sections 6650-6680 of the Fish and Game Code, and sections 165 and 165.5 of the commission regulations shall become a condition of all licenses issued under this section to be fully performed by the holders thereof, their agents, servants, employees or those acting under their direction or control.
(b) General Harvesting Provisions.
(1) Weighing of Kelp. A kelp harvester shall determine the weight of harvested kelp or other aquatic plants upon landing or delivery to the harvester's place of business. The harvester may determine the weight of harvested kelp or other aquatic plants using either direct weighing or a volume conversion that has been approved by the department. If the weight is determined by a public weighmaster, the harvester shall obtain a receipt and maintain the receipt in the landing record required under subsection (b)(3) below.
(2) Harvesting Records. Every person harvesting kelp and other aquatic plants and licensed pursuant to section 6650 of the Fish and Game Code shall keep a book or books recording the following:
(A) Category of plants harvested as defined in Section 165(c), (d) and (e).
(B) The wet weight of harvested kelp or other aquatic plants recorded in pounds or tons (1 ton = 2000 pounds).
(C) Name and address of the person or firm to whom the plants are sold, unless utilized by the harvester. The book(s) shall be open at all times for inspection by the department.
(3) Landing Records. Records of landing shall be prepared by all harvesters licensed pursuant to Section 6650 of the Fish and Game Code. Records of landing shall be made in triplicate using forms FG 113 (Rev. 1/97) and FG 114 (Rev. 1/97). The landing records shall show:
(A) The wet weight of all aquatic plants harvested in units as defined in subsection (b)(2)(B) above.
(B) Name of harvester.
(C) Department of Fish and Game kelp harvester number.
(D) Dates of landing.
(E) Kelp bed number and, if applicable, harvest control area where plants were harvested.
(F) A duplicate copy of the landing record shall be kept by a kelp harvester for a period of one year and shall be available for inspection at any time within that period by the department. A kelp harvester who harvests kelp from a harvest control area established under subsection (c)(4)(E) below shall maintain a copy of the landing record on board the harvest vessel for all harvesting conducted during that harvest control period. The original and one copy of the record shall be delivered to the department at the address indicated within 10 days after the close of each month, with the specified royalty required for all kelp and other aquatic plants harvested. Failure to submit the required landing record and royalty fees within the prescribed time limit are grounds for revocation of the harvester's license.
(4) No eel grass(Zostera)or surf grass(Phyllospadix)may be cut or disturbed.
(5) No kelp or other aquatic plant may be harvested in a state marine reserve or state marine park as per subsection 632(a). Commercial harvest of kelp or other aquatic plants may be limited in state marine conservation areas as per subsection 632(b).
(6) It is unlawful to cause or permit waste of any kelp or other aquatic plants taken in the waters of this state or to take, receive or agree to receive more kelp or other aquatic plants than can be used without waste or spoilage.
(c) Harvesting ofMacrocystisandNereocystis(giant and bull kelp). In this subsection, kelp means both giant and bull kelp.
(1) A kelp harvester may harvest kelp by cutting and removing portions of attached kelp or by collecting unattached kelp.
(2) A kelp harvester may not cut attached kelp at a depth greater than four feet below the surface of the water at the time of cutting.
(3) No kelp received aboard a harvesting vessel shall be allowed to escape from the vessel or be deposited into the waters of this state.
(4) If, at any time, the commission finds that the harvesting of kelp will tend to destroy or impair any kelp bed or beds, or parts thereof, or tend to impair or destroy the supply of food for fish or marine mammals, the commission may limit or prohibit the harvest of kelp within a bed or portion of a bed for any length of time.
(A) In beds north of Point Montara,Nereocystis(bull kelp) may only be taken by hand harvesting. No mechanical harvesters of any kind are allowed.
(B) Between April 1 and July 31, a kelp harvester may not harvest bull kelp from a nonleased kelp bed that lies partially or totally within the boundary of the Monterey Bay National Marine Sanctuary extending from Santa Rosa Creek, San Luis Obispo County, northward to Rocky Point, Marin County. This subsection does not preclude the removal of bull kelp from beaches within the Monterey Bay National Marine Sanctuary during the seasonal closure.
(C) Prior commission approval of a kelp harvest plan is necessary before a kelp harvester may use a mechanical harvester to harvest giant kelp in a nonleased kelp bed north of Santa Rosa Creek, San Luis Obispo County. For approval of a kelp harvest plan, a harvester must identify how a mechanical harvester will be used while avoiding: 1) repetitive harvest from individual giant kelp plants; 2) harvest of bull kelp from those portions of kelp beds that contain both giant kelp and bull kelp; and 3) harvest giant kelp near sea otter rafting sites used by female sea otters with dependent pups.
(D) A kelp harvester may not harvest kelp in that portion of kelp bed 220 in Monterey County that lies between the tip of the Monterey breakwater and a line created by a seaward extension running 40 <> magnetic north from the northern-most portion of the unnamed point that lies seaward of the Chart House restaurant, approximately 3000 feet northwest of the tip of the Monterey breakwater.
(E) With a finding as determined in subsection (c)(4) above, the commission may designate, through emergency regulation, a nonleased kelp bed or portion of a bed as a harvest control area for a specified period of time. The commission shall set a cumulative harvest tonnage limit for each kelp harvester that may not be exceeded while harvesting within the control area during any consecutive 7-day period. The department shall maintain a list of active harvest control areas, their effective time period, and their cumulative harvest tonnage limit on its web page (www.dfg.ca.gov). The same information may be obtained by contacting the Marine Region office at 20 Lower Ragsdale Drive, Suite 100, Monterey, CA 93940.
(5) A kelp harvester may not harvest kelp from the following kelp beds:
Bed. No. Square Miles
10 0.00
15 0.04
22 0.05
24 0.05
203 0.00
206 0.04
224 0.06
225 0.00
226 0.00
301 0.00
302 0.00
303 1.33
304 0.89
305 1.11
306 1.03
307 0.93
310 0.00
311 0.00
Total 5.53

(6) Only a lessee authorized by the commission may harvest kelp from the following beds:
Bed No. Square Miles
308 0.20
309 0.14
312 0.20
Total 0.54

(7) In addition to the license fee, a kelp harvester shall pay a royalty of $1.71 for each ton (2,000 pounds) of wet kelp harvested from a nonleased bed.
(d) Harvesting of marine plants of the generaGelidium, Pterocladia, Gracilaria, Iridaea, GloiopeltisorGigartinawhich are classified as agar-bearing plants.
(1) General Provisions.
(A) All agar-bearing plants must be harvested by cutting, except that drift or loose plants may be picked up by the harvester. Agar-bearing plants may be cut no closer than two inches to the holdfast and no holdfast may be removed or disturbed. All agar-bearing plants which are removed from a bed must be taken from the water for weighing and processing.
(B) While harvesting agar-bearing plants, it is unlawful to harvest abalone or to have abalone harvesting equipment in possession.
(C) License numbers of the harvesters will be displayed on both sides of the boat from which they are operating in 10-inch black numbers on a white background.
(D) A harvester may use conventional underwater diving gear or SCUBA when harvesting agar-bearing plants.
(2) Kelp Drying Permits. Pursuant to section 6653.5 of the Fish and Game Code, no company or individuals shall reduce the moisture content or otherwise dry agar-bearing plants harvested from waters of the state except under the authority of a kelp drying permit issued by the department. Drying permits shall be issued under the following conditions:
(A) Where Issued. Requests for kelp drying permits shall be submitted to the Department of Fish and Game at the address listed in section 165(a)(3).
(B) Cost of Permit. See subsection 699(b) of these regulations for the fee for this permit.
(C) Permit Review. The department shall return permit application forms to the applicant within three working days of receipt.
(D) Duration of Permits. Except as otherwise provided, kelp drying permits shall be valid for a term of one year from date of issue.
(E) Weighing of Kelp. All agar-bearing marine plants shall be weighed upon landing pursuant to the provisions of subsection (b)(1) of these regulations.
(F) Plant Delivery. Every person taking delivery of agar-bearing marine plants for drying purposes from persons licensed pursuant to section 6650 of the Fish and Game Code or harvesters drying their own plants shall keep a book or books recording the following:
1. A full and correct record of all agar-bearing plants received from other licensed agar harvesters or taken by permittee.
2. Names of the different species.
3. The number of pounds received.
4. Name, address and kelp harvester number of the person from whom the agar-bearing plants were received. The book(s) shall be open at all times for inspection by the department.
(G) Landing Receipts. Receipts shall be issued by all kelp drying permittees to harvesters licensed pursuant to subsection (b)(3) of these regulations and shall show:
1. Price paid.
2. Department origin block number where the agar-bearing plants were harvested.
3. Such other statistical information the department may require.
(H) The original signed copy of receipt shall be delivered to the agar harvester at the time of purchase or receipt of the agar-bearing plants. The duplicate copy shall be kept by the kelp drying permittee for a period of one year and shall be available for inspection at any time within that period by the department, and the triplicate shall be delivered to the department at the address indicated within 10 days after the close of each month, with a royalty of $17.00 per wet ton (2,000 lbs.) for all agar-bearing seaweed received. Failure to submit the required landing receipts and royalty fees within the prescribed time limit is grounds for revocation of the permittee's drying permit.
(e) Harvesting of marine plants, including the genera Porphyra, Laminaria, Monostrema, and other aquatic plants utilized fresh or preserved as human food and classified as edible seaweed.
(1) General Provisions.
(A) Edible varieties of marine plants must be harvested by cutting or picking, except that drift or loose plants may be picked up by the harvester. All harvested plants must be processed.
(B) Edible seaweed may be harvested from state waters throughout the year, except as provided under section 164.
(C) While harvesting edible seaweed, it is unlawful to harvest abalone or to have abalone harvesting equipment in possession.
(D) A harvester may use conventional underwater diving gear or SCUBA while harvesting edible seaweed.
(2) Harvest of Bull Kelp for Human Consumption. Notwithstanding subsection 165(c) (5)(A), persons operating under the authority of an edible seaweed harvesters license may take, not to exceed, 2 tons (4,000 lbs) of bull kelp per year. The entire plant may be harvested.
(3) Weighing of Edible Marine Plants. All edible marine plants shall be weighed pursuant to the provisions of subsection (b)(1) of these regulations and landing receipts in duplicate issued as per subsection (b)(3).
(4) The original copy of the receipt shall be delivered to the department at the address indicated within 10 days after the close of each month with a royalty of $24 per wet ton (2,000 lbs.) of edible marine plants harvested from state waters other than San Francisco Bay and Tomales Bay.
(f) All Other Species of Kelp.
(1) Applicant shall apply to the commission, outlining the species to be harvested, amount and location. The commission may set conditions and amount of royalty after review of the application.


Note: Authority cited: Sections 6653 and 6653.5, Fish and Game Code. Reference: Sections 6650-6680, Fish and Game Code.

s 165.5. Lease of Kelp Beds for Exclusive Harvest of Macrocystis and Nereocystis .
(a) The commission may lease to any person the exclusive privilege to harvest kelp in any designated kelp bed or beds, or part thereof described in subsection (j). In this section, kelp means giant kelp, bull kelp, or both.
(b) A current list of kelp beds considered by the commission to be available for leasing may be obtained through written request to the department's Marine Region at 20 Lower Ragsdale Drive, Suite 100, Monterey, CA 93940. Any person desiring to lease the exclusive privilege of harvesting kelp shall make a written application to the Fish and Game Commission, 1416 Ninth Street, Sacramento, CA 95814. The application for kelp bed lease shall include:
(1) The number of the designated bed or beds as shown in subsection (j), a description of the kelp bed or portion of the kelp bed requested and the designated number of square miles in each bed or portion thereof.
(2) A minimum deposit of $2,565 per square mile for kelp beds lying south of Point Arguello and $1,368 per square mile for kelp beds lying north of Point Arguello. (The deposit shall be returned to the applicant if a lease is not executed.)
(3) A detailed development plan for the proposed kelp bed lease showing the intended use, the manner of harvesting and transporting the kelp and the amount of kelp the lessee proposes to harvest during each of the next five years.
(4) The financial capabilities of the lessee to carry out the proposed plan of development. The department shall evaluate the submitted plans, and provide its evaluation to the commission.
(5) Applicants for the lease of Kelp Beds 300-312 shall, in addition to the above requirements, submit evidence of a scientifically acceptable survey of the requested kelp bed, conducted within one year of the date of the application, showing the extent of the kelp bed and the quantity (biomass) of kelp present. Evidence of such a survey must be submitted annually prior to beginning harvest. Harvest of bull kelp from leased beds shall be limited to not more than 15 percent of the bull kelp biomass revealed by the survey.
(c) Kelp leases may be awarded to applicants determined by the commission to possess the capabilities to harvest and utilize kelp in a manner beneficial to the state.
(1) In case more than one application is received for the lease of a specified kelp bed or beds, the lease shall be awarded to the highest qualified bidder.
(2) Bids tendered for the exclusive right to harvest kelp from designated kelp beds will be for the dollar amount of royalty to be paid on each wet ton of kelp harvested. The minimum acceptable bid will be for a royalty rate of no less than $1.71 per wet ton of kelp harvested.
(3) The commission may reject any or all applications for the lease of the exclusive privilege to harvest kelp, if it deems the rejection to be in the public interest.
(d) If the specified kelp harvesting area applied for is found to be available for lease, and that the lease would be in the public interest, the commission shall have legal notices published in a newspaper of general circulation in each county where the kelp bed, or any part thereof, is located. The department shall, in addition, notify by mail all current holders of kelp harvesting licenses that a kelp lease is being considered.
(e) Upon termination of a kelp bed lease for any reason, the commission shall notify all current holders of kelp licenses of the availability of such bed(s) for lease.
(f) Kelp bed leases shall be awarded for a maximum term of 20 years.
(g) The royalty rate for kelp harvested from leased kelp beds shall be no less than $1.71 per wet ton of kelp harvested from such beds. A nonrefundable advance payment computed on the basis of the harvest of 800 tons of kelp annually times the bid royalty rate per square mile for kelp beds located north of Point Arguello and the harvest of 1,500 tons of kelp annually times the bid royalty rate per square mile for beds lying south of that point is due and payable to the department on January 1 each year. Kelp harvested from each bed during the calendar year will be credited against the advance payment at the specified royalty rate until the deposit has been depleted. Kelp harvested from each bed in excess of the amount covered by the advance deposit shall be assessed at the basic royalty rate established by Section 165(c)(5).
(h) Each kelp lease shall specify a period prior to expiration when renewal of the lease may be requested by lessee. If during the notification period the lessee successfully demonstrates to the commission that all conditions of the lease have been met, the lessee shall have a prior right to renew the lease on terms agreed upon between the commission and the lessee. If terms of a lease renewal are not agreed upon prior to termination of a lease agreement, the commission shall advertise for bids on the individual kelp beds comprising the lease. If a request for renewal is not made during the specified period by the lessee, the commission shall advertise for bids on the individual kelp beds comprising the lease.
(i) Notwithstanding the provisions of subsections (f) and (h), at any time during the term of a lease, a lessee may notify the commission of its desire to enter into a new lease. If the lessee can successfully demonstrate to the commission that all conditions of its lease have been met and that a new lease would be in the best interest of the state, a new lease may be drawn on terms agreed upon between the two parties, provided a new lease is negotiated for an additional period not to exceed 20 years.
(j) There is established a "Revised Official Map and Description of Kelp Beds, Pt. Arguello to U.S.-Mexico Boundary" dated August 1, 1963 revised March 3, 1967, a new "Official Map and Description of Kelp Beds, Pt. Arguello to Pt. Montara" dated March 3, 1967, and a new map "Official Map and Description of Kelp Beds, Pt. Montara to California-Oregon Boundary" dated June 15, 1995. These maps are based upon U.S. Coast and Geodetic Survey Charts No. 5020, dated April 1961, No. 5302, dated October 12, 1964, and No. 5402, dated September 6, 1965, as filed with the Fish and Game Commission. Beds are described as follows: (all bearings are true bearings)
(1) Mainland Beds (Pt. Arguello to Mexico)
Bed 1. From a line drawn 264 <> from the U.S.A.-Mexico International Boundary to a line drawn 270 <> from the southern tip of San Diego Bay. 0.20 square miles.
Bed 2. From a line drawn 270 <> from the southern tip of San Diego Bay to a line drawn 259 <> from the southern tip of Point Loma. 0.10 square miles.
Bed 3. From a line drawn 259 <> from the southern tip of Point Loma to a line drawn 272 <> from the south jetty of Mission Bay. 2.58 square miles.
Bed 4. From a line drawn 272 <> from the south jetty of Mission Bay to a line drawn 283 <> from Scripps Pier. 2.53 square miles.
Bed 5. From a line drawn 283 <> from Scripps Pier to a line drawn 269 <> from the mouth of the San Dieguito River. 0.00 square miles.
Bed 6. From a line drawn 269 <> from the mouth of the San Dieguito River to a line drawn 236 <> from the middle of Loma Alta Lagoon (at South Oceanside). 1.52 square miles.
Bed 7. From a line drawn 236 <> from the middle of Loma Alta Lagoon to a line drawn 215 <> from the middle of the city of San Onofre. 0.66 square miles.
Bed 8. From a line drawn 215 <> from the middle of the city of San Onofre to a line drawn 219 <> from the middle of San Juan Creek. 1.53 square miles.
Bed 9. From a line drawn 219 <> from the middle of San Juan Creek to a line drawn 220 <> from Abalone Pt. 0.39 square miles.
Bed 10. From a line drawn 220 <> from Abalone Pt. to a line drawn 220 <> from the south jetty of Newport Bay. 0.00 square miles.
Bed 13. From a line drawn 156 <> from the San Pedro Breakwater Lighthouse to a line drawn 232 <> from Pt. Vicente. 0.54 square miles.
Bed 14. From a line drawn 232 <> from Pt. Vicente to a line drawn 256 <> from the southern tip of the Redondo Beach Breakwater. 0.74 square miles.
Bed 15. From a line drawn 223 <> from the Santa Monica Pier to a line drawn 156 <> from Malibu Pt. 0.04 square miles.
Bed 16. From a line drawn 156 <> from Malibu Pt. to a line drawn 185 <> from Pt. Dume. 0.21 square miles.
Bed 17. From a line drawn 185 <> from Pt. Dume to a line drawn 207 << degrees>> from Pt. Mugu. 0.62 square miles.
Bed 18. From a line drawn 217 <> from the middle of the mouth of Ventura River to a line drawn 214 <> from Pitas Pt. 0.14 square miles.
Bed 19. From a line drawn 214 <> from Pitas Pt. to a line drawn 218 << degrees>> from Rincon Pt. 0.05 square miles.
Bed 20. From a line drawn 218 <> from Rincon Pt. to a line drawn 198 <> from Loon Pt. 0.24 square miles.
Bed 21. From a line drawn 198 <> from Loon Pt. to a line drawn 184 << degrees>> from the eastern boundary of the Montecito Hotel (2.4 miles 072 << degrees>> from tip of S.B. Breakwater). 0.19 square miles.
Bed 22. From a line drawn 184 <> from the eastern boundary of the Montecito Hotel to a line drawn 166 <> from the tip of the Santa Barbara Breakwater. 0.05 square miles.
Bed 23. From a line drawn 166 <> from the tip of the Santa Barbara Breakwater to a line drawn 195 <> from the Santa Barbara Lighthouse. 0.10 square miles.
Bed 24. From a line drawn 195 <> from the Santa Barbara Lighthouse to a line drawn 197 <> from the middle of Rogue Creek (Arroyo Burro). 0.05 square miles.
Bed 25. From a line drawn 197 <> from the middle of Rogue Creek to a line drawn 185 <> from the middle of Hope Ranch Creek. 0.18 square miles.
Bed 26. From a line drawn 185 <> from the middle of Hope Ranch Creek to a line drawn 176 <> from Goleta Pt. 0.60 square miles.
Bed 27. From a line drawn 176 <> from Goleta Pt. to a line drawn 210 <> from Coal Oil Pt. 0.43 square miles.
Bed 28. From a line drawn 210 <> from Coal Oil Pt. to a line drawn 200 <> from the Middle of Gato Canyon (about 1.5 miles west of Naples). 0.60 square miles.
Bed 29. From a line drawn 200 <> from the middle of Gato Canyon to a line drawn 183 <> from the middle of Refugio Creek. 0.17 square miles.
Bed 30. From a line drawn 183 <> from the middle of Refugio Creek to a line drawn 180 <> from the middle of Canada de Molino (about 5 miles west of Refugio Creek). 0.39 square miles.
Bed 31. From a line drawn 180 <> from the middle of Canada de Molino to a line drawn 180 <> from the middle of Alegria Canyon (about 3.4 miles west of Gaviota). 0.16 square miles.
Bed 32. From a line drawn 180 <> from the middle of Alegria Canyon to a line drawn 180 <> from Pt. Conception. 2.76 square miles.
Bed 33. From a line drawn 180 <> from Pt. Conception to a line drawn 231 <> from Expada Bluff. 0.97 square miles.
Bed 34. From a line drawn 231 <> from Espada Bluff to a line drawn 270 <> from Pt. Arguello. 0.31 square miles.
Total Area Mainland Beds (Pt. Arguello to Mexico). 19.05 square miles
(2) Island Beds
Bed 101. San Clemente Island. From a line drawn 120 <> from Pyramid Head to a line drawn 210 <> from China Pt. 0.66 square miles.
Bed 102. San Clemente Island. From a line drawn 210 <> from China Pt. to a line drawn 226 <> from Seal Cove. 2.39 square miles.
Bed 103. San Clemente Island. From a line drawn 226 <> from Seal Cove to a line drawn 0 <> from Northwest Harbor. 2.89 square miles.
Bed 104. San Clemente Island. From a line drawn 0 <> from Northwest Harbor to a line drawn 120 <> from Pyramid Head. 0.22 square miles.
Bed 105. Santa Catalina Island. Entire island. 0.75 square miles.
Bed 106. Santa Barbara Island. Entire island. 0.23 square miles.
Bed 107. San Nicolas Island. South of a line drawn 75 <> from the east end to a line drawn 283 <> from the west end. 1.15 square miles.
Bed 108. San Nicolas Island. North of a line drawn 283 <> from the west end to a line drawn 75 <> from the east end. 2.85 square miles.
Bed 109. Anacapa Islands. All islands. 0.32 square miles.
Bed 110. Santa Cruz Island. From a line drawn 86 <> from San Pedro Pt. to a line drawn 170 <> from Bowen Pt. 0.64 square miles.
Bed 111. Santa Cruz Island. From a line drawn 170 <> from Bowen Pt. to a line drawn 306 <> from West Pt. 0.61 square miles.
Bed 112. Santa Cruz Island. From a line drawn 306 <> from West Pt. to a line drawn 86 <> from San Pedro Pt. 0.11 square miles.
Bed 113. Santa Rosa Island. From a line drawn 61 <> from Skunk Pt. to a line drawn 180 <> from South Pt. 0.59 square miles.
Bed 114. Santa Rosa Island. From a line drawn 180 <> from South Pt. to a line drawn 285 <> from Sandy Pt. 2.17 square miles.
Bed 115. Santa Rosa Island. From a line drawn 285 <> from Sandy Pt. to a line drawn 45 <> from Carrington Pt. 1.59 square miles.
Bed 116. Santa Rosa Island. From a line drawn 45 <> from Carrington Pt. to a line drawn 61 <> from Skunk Pt. 0.62 square miles.
Bed 117. San Miguel Island. South of a line drawn 60 <> from Cardwell Pt. to a line drawn 231 <> from Pt. Bennett. 1.35 square miles.
Bed 118. San Miguel Island. North of a line drawn 231 <> from Pt. Bennett to a line drawn 60 <> from Cardwell Pt. 1.51 square miles.
Total Island Beds 20.65 square miles
(3) Mainland Beds (Pt. Arguello to Point Montara)
Bed 202. From a line drawn 270 <> from Pt. Arguello to a line drawn 270 <> from Point Sal. 0.10 square miles.
Bed 203. From a line drawn 270 <> from Point Sal to a line drawn 270 <> from Pismo Beach Pier. 0.00 square miles.
Bed 204. From a line drawn 270 <> from Pismo Beach Pier to a line drawn 180 <> from Point San Luis. 0.72 square miles.
Bed 205. From a line drawn 180 <> from Point San Luis to a line drawn 250 <> from Point Buchon. 0.64 square miles.
Bed 206. From a line drawn 250 <> from Point Buchon to a line drawn 270 <> from Morro Rock. 0.04 square miles.
Bed 207. From a line drawn 270 <> from Morro Rock to a line drawn 190 <> from Point Estero. 1.46 square miles.
Bed 208. From a line drawn 190 <> from Point Estero to a line drawn 230 <> from Von Helm Rock. 2.61 square miles.
Bed 209. From a line drawn 230 <> from Von Helm Rock to a line drawn 200 <> from San Simeon Point. 2.20 square miles.
Bed 210. From a line drawn 200 <> from San Simeon Point to a line drawn 230 <> from Point Piedras Blancas. 2.02 square miles.
Bed 211. From a line drawn 230 <> from Point Piedras Blancas to a line drawn 240 <> from Salmon Head. 1.50 square miles.
Bed 212. From a line drawn 240 <> from Salmon Head to a line drawn 240 <> from Cape San Martin. 1.26 square miles.
Bed 213. From a line drawn 240 <> from Cape San Martin to a line drawn 240 <> from Lopez Point. 2.14 square miles.
Bed 214. From a line drawn 240 <> from Lopez Point to a line drawn 240 <> from Partington Point. 2.03 square miles.
Bed 215. From a line drawn 240 <> from Partington Point to a line drawn 200 <> from Pfeiffer Point. 0.80 square miles.
Bed 216. From a line drawn 200 <> from Pfeiffer Point to a line drawn 200 <> from Point Sur. 3.08 square miles.
Bed 217. From a line drawn 200 <> from Point Sur to a line drawn 270 <> from Yankee Point. 2.38 square miles.
Bed 218. From a line drawn 270 <> from Yankee Point to a line drawn 270 <> from Point Lobos. 0.50 square miles.
Bed 219. From a line drawn 270 <> from Point Lobos to a line drawn 270 <> from Point Cypress. 1.28 square miles.
Bed 220. From a line drawn 270 <> from Point Cypress to a line drawn 000 <> from Monterey Pier. 1.88 square miles.
Bed 221. From a line drawn 000 <> from Monterey Pier to a line drawn 180 <> from Santa Cruz Pier. 0.90 square miles.
Bed 222. From a line drawn 180 <> from Santa Cruz Pier to a line drawn 240 <> from Sand Hill Bluff. 0.81 square miles.
Bed 223. From a line drawn 240 <> from Sand Hill Bluff to a line drawn 240 <> from Point Ano Nuevo. 0.19 square miles.
Bed 224. From a line drawn 240 <> from Point Ano Nuevo to a line drawn 270 <> from Pescadero Point. 0.06 square miles.
Bed 225. From a line drawn 270 <> from Pescadero Point to a line drawn 270 <> from Point Montara. 0.00 square miles.
Total area of Mainland Beds (Pt. Arguello to Point Montara) 28.60 square miles
(4) Mainland Beds (Point Montara to Oregon).
Bed 226. From a line drawn 270 <> from Point Montara to a line drawn 270 <> from Fort Point. 0.00 square miles.
Bed 301 From a line drawn 270 <> from Fort Point to a line drawn 270 <> from Point Reyes. 0.00 square miles.
Bed 302 From a line drawn 270 <> from Point Reyes to a line drawn 240 <> from Duncan's Point. 0.00 square miles.
Bed 303. From a line drawn 240 <> from Duncan's Point to a line drawn 270 <> from Gualala Point. 1.33 square miles.
Bed 304. From a line drawn 270 <> from Gualala Point to a line drawn 240 <> from Iverson Point 0.89 square miles.
Bed 305. From a line drawn 240 <> from Iverson Point to a line drawn 330 <> from Point Arena. 1.11 square miles.
Bed 306. From a line drawn 330 <> from Point Arena to a line drawn 270 <> from Stillwell Point. 1.03 square miles.
Bed 307. From a line drawn 270 <> from Stillwell Point to a line drawn 270 <> from the middle of Ten-mile River. 0.93 square miles.
Bed 308. From a line drawn 270 <> from the middle of Ten-mile River to a line drawn 180 <> from Point Delgada. 0.20 square miles.
Bed 309. From a line drawn 180 <> from Point Delgada to a line drawn 260 <> from Point Mendocino. 0.14 square miles.
Bed 310. From a line drawn 260 <> from Cape Mendocino to a line drawn 300 <> from the South jetty of Humboldt Bay. 0.0 square miles.
Bed 311. From a line drawn 300 <> from the South jetty of Humboldt Bay to a line drawn 270 <> from the middle of the Klamath River. 0.00 square miles.
Bed 312. From a line drawn 270 <> from the middle of the Klamath River to a line drawn 250 <> from the California-Oregon Boundary
Total of mainland beds, Point Montera to Oregon Boundary 5.83 square miles
Grand Total 74.13 square miles
(k) Those beds not subject to lease are as follows:
Mainland Beds (Pt. Mainland Beds (Pt. Arguello
Arguello to
to Pt. Montara)
Mexico)
Bed No. Square Miles Bed No. Square Miles
1 0.20 205 0.64
2 0.10 213 2.14
7 0.66 215 0.80
8 1.53 217 2.38
9 0.39 218 0.49
13 0.54 219 1.28
14 0.74 220 1.88
18 0.15 221 0.90
23 0.10 2220.81
_____
25 0.18 Total 11.32
28 0.60
330.97
_____
Total 6.16

Mainland Beds (Pt. Montara to California-Oregon Border Bed No. Square Miles
303 1.33
304 0.89
305 1.11
306 1.03
307
Total 5.29
Island Beds Bed No. Square Miles
101 0.66
104 0.22
105 0.75
109 0.32
110 0.64
112 0.11
113 0.59
114 2.18
115 1.59
116 0.62
117 1.35
1181.51
_____
Total 10.54



Note: Authority cited: Sections 6653 and 6700, Fish and Game Code. Reference: Sections 6653 and 6700-6707, Fish and Game Code.
H istory
1. Amendment and renumbering from Section 165 filed 6-11-68; effective thirtieth day thereafter (Register 68, No. 22). For prior history, see Register 67, No. 50.
2. Amendment of subsection (d) filed 8-28-68; effective thirtieth day thereafter (Register 68, No. 33).
3. Amendment of subsection (f) filed 6-30-77 as an emergency; effective upon filing (Register 77, No. 27).
4. Certificate of Compliance filed 8-24-77 (Register 77, No. 35).
5. Amendment of subsection (f) filed 3-9-81; effective thirtieth day thereafter (Register 81, No. 11).
6. Amendment of NOTE filed 10-19-81; effective thirtieth day thereafter (Register 81, No. 43).
7. Amendment filed 9-6-85; effective thirtieth day thereafter (Register 85, No. 36).
8. Amendment of subsection (k) filed 9-6-85; effective thirtieth day thereafter (Register 85, No. 36).
9. Change without regulatory effect of subsections (j)(1)-(3) filed 5-5-86; effective thirtieth day thereafter (Register 86, No. 19).
10. Amendment of subsections (b)(2), (c)(2), (g), (j)(3) and (k) filed 1-27-87; effective thirtieth day thereafter (Register 87, No. 5).
11. Amendment of subsections (b)(1), (c)(1) and (j)(3) filed 7-14-88; operative 8-13-88 (Register 88, No. 30).
12. Amendment of subsections (b)(2), (c)(2), (g), and (j) filed 12-3-90; operative 1-2-91 (Register 91, No. 4).
13. Amendment filed 3-26-96; operative 3-26-96 pursuant to Government Code section 11343.4(d) (Register 96, No. 13).
14. Amendment of subsections (b), (b)(1) and (k) filed 10-25-2001; operative 11-24-2001 (Register 2001, No. 43).

s 165.7. Granting and Issuance of Permits to Control Sea Urchins in Kelp Beds.


Note: Authority cited: Section 6653, Fish and Game Code. Reference: Sections 6650-6751, Fish and Game Code.

s 166. Salmon: Importation and Sale.
Regulations prescribed for importation of salmon into the state, and for the sale of salmon during the closed season. As used herein, the word "salmon" means all such fish except those caught under authority of a sport fishing license.
(a) Importation of Salmon. All salmon, fresh or frozen, imported into this state for human consumption shall be in such condition that the size and species can be determined as set forth by Section 2361 of the Fish and Game Code. Salmon legally taken and imported into this state for sale may be transported overland provided:
(1) Such salmon are shipped under a bill of lading issued at point of origin of shipment, a copy of which is possessed by the carrier during transport, showing the point of origin of shipment, the point of delivery to consignee, and listing all fish by species and weight;
(2) Prior notice of at least 12 hours for each shipment shall be provided the department office nearest the point of entry into the state during nor mal working hours (8:00 a.m.-5:00 p.m., Monday-Friday). Notice shall include approximate time of entry into the state and the route of travel through the state;
(3) The importer shall furnish the office, notified in sub-paragraph (2), a copy of the bill of lading covering each importation received by said importer within 24 hours of the receipt of the shipment;
(4) Within 14 days after the close of the season the owner or possessor of salmon, which are being held for sale during the closed season, shall furnish the department with a written inventory of all salmon held in possession. The inventory shall declare the address of each cold storage plant where salmon are stored as well as the amount in pounds of such salmon held in each of the cold storage plants.
All withdrawals of salmon from such cold storage plants shall be accompanied by a delivery manifest, and a copy of said manifest shall be mailed to the nearest department office on the same date as the withdrawal. The cold storage delivery manifest shall declare: weight of salmon, name and address to whom delivery was made, and date and time of withdrawal.
(b) Sale of Salmon During the Closed Season. Salmon legally taken or imported may be sold during the closed season as herein provided:
(1) Salmon transported during the period when such fish may not be taken for commercial purposes shall be accompanied by sale receipt or bill of lading. Lots of salmon exceeding fifty pounds shall be transported under bill of lading. The original copy of the bill of lading shall be retained by the consignee for a period of one year and be shown upon demand of any officer authorized to enforce regulations dealing with salmon.


Note: Authority cited: Section 8213, Fish and Game Code. Reference: Section 8213, Fish and Game Code.

s 167. Penalties in Lieu of Suspension or Revocation -Salmon Permittees.
Pursuant to the provisions of Section 8237 of the Fish and Game Code, the Commission, after notice and an opportunity to be heard, may suspend or revoke the commercial salmon fishing privileges of any person licensed or required to be licensed under the authority of Sections 7852.5 and 7860 of the Fish and Game Code upon conviction of a commercial salmon fishing violation. Notwithstanding this provision, the Executive Secretary of the Commission may enter into a stipulated compromise settlement agreement with the agreement of the licensee on terms and conditions which may include, but are not limited to, the payment of monetary penalties, the reduction of a revocation to a suspension for a specified period of time, a period of probation not to exceed three years or any other terms and conditions, mutually agreed upon by the Executive Secretary acting for the Commission and the licensee, without further hearing or appeal. Conviction of multiple violations, committed at the same time shall be treated as one conviction for the purposes of implementing the provisions of this section.
A compromise settlement agreement may be entered before, during or after the Commission hearing on the matter, but is valid only if executed and signed by the Executive Secretary and the licensee prior to the adoption of the decision by the Commission. Any monetary penalty included in a compromise settlement agreement shall be within the range of monetary penalties as prescribed in subsection (a) of these regulations and shall be due and payable within 30 days after the compromise is entered into. Any and all funds submitted as payment in whole or in part by a licensee of any monetary penalties stipulated in a compromise settlement agreement shall be nonrefundable. (continued)