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(continued)
If the licensee fails to perform all of the terms and conditions of the compromise settlement agreement, such agreement is thereby declared void and the Commission, notwithstanding the compromise settlement agreement, may take any action authorized by Section 8237 of the Fish and Game Code against the licensee.
(a) Procedures for determining monetary penalties:
(1) Monetary penalties (score range multiplied by the monetary range) for compromise settlement agreements shall be based on the following point system:
SCORE RANGE MONETARY RANGE
(Total Points)
1-20 $200 per point as provided in subsection (a)(2) below.
21+ $400 per point as provided in subsection (a)(2) below.

(2) The score range shall be based on a cumulative total of the points assigned in this subsection:
(A) GRAVITY OF THE VIOLATION.
1. Take of undersize salmon, when such fish comprise (Note: the following points assigned shall be doubled if any part of the load or lot was intentionally hidden by the licensee):
a. 1-25 percent of the total load or lot of salmon.
(i) When there are 3 or less undersized salmon 1 point, plus 1/2 point for
in the total load or lot. each undersized fish
(ii) When there are more than 3 undersized 3 points, plus 1/2 point for
salmon in the total load or lot. each undersized fish
b. 26-50 percent of the total load or lot of salmon.
(i) When there are 3 or less undersized salmon 2 points, plus 1/2 point for
in the total load or lot. each undersized fish
(ii) When there are more than 3 undersized 4 points, plus 1/2 point for
salmon in the total load or lot. each undersized fish
c. 51-100 percent of the total load or lot of salmon.
(i) When there are 3 or less undersized salmon 3 points, plus 1/2 point for
in the total load or lot. each undersized fish
(ii) When there are more than 3 undersized 1 point, plus 1 point for each
salmon in the total load or lot. fish

2. Take of silver salmon which are unlawfully retained during the closed season for silver salmon but during the open season for king salmon, when such fish comprise (Note: The following points assigned shall be doubled if any part of the load or lot was intentionally hidden by the licensee):
a. 1-25 percent of the total load or lot of silver salmon.
(i) When there are 3 or less silver salmon in the for each silver salmon
total load or lot . 1 point, plus 1/2
point
(ii) When there are more than 3 silver salmon in the 3 points, plus 1/2
total load or lot. point for each silver
salmon
b. 26-50 percent of the total load or lot of silver salmon.
(i) When there are 3 or less silver salmon in the 2 points, plus 1/2
total load or lot. point for each silver
salmon
(ii) When there are more than 3 silver salmon in the 4 points, plus 1/2
total load or lot. point for each silver
salmon
c. 51-100 percent of the total load or lot of silver salmon.
(i) When there are 3 or less silver salmon in the 3 points, plus 1/2
total load or lot. point for each silver
salmon
(ii) When there are more than 3 silver salmon in the 1 point, plus 1 point
total load or lot. for each silver
salmon
3. Take of salmon during closed salmon season. 5 points
4. Take of salmon within a closed area.
a. When the vessel is found fishing within one mile 2 points
inside the closure boundary.
b. When the vessel is found fishing within more than 5 points
one mile inside the closure boundary.
5. Transfer of salmon from nonpermitted vessel to a 10 points
permitted vessel.
6. Use of more than six wires or lines. 10 points
7. Use of barbed hooks: for each 5 hooks or portion 1 point
thereof.
8. Take of salmon; no valid commercial license in 2 points, plus purchase
possession. of required license
9. Take of salmon; no valid commercial salmon vessel 10 points
permit in possession.
10. Take of salmon; no valid commercial fishing salmon 2 points, plus purchase
stamp in possession. of required stamps
11. Failure to document landing. 2 points
12. Any other commercial salmon fishing violation. 1 point

(B) PRIOR VIOLATIONS.
1. For each prior conviction of the licensee within the past three years for violations of the laws or regulations pertaining to the commercial take of salmon, the following additional points shall be assessed:
a. For one prior conviction for a violation of the commercial salmon fishing laws or regulations within the past three years, the accumulative point score shall be doubled to determine the total point score.
b. For two prior convictions for violations of the commercial salmon fishing laws or regulations within the past three years, the accumulative point score shall be tripled to determine the total point score.
c. The provisions of this section regarding compromise settlement agreements shall not apply to any person who has been convicted of three or more convictions, as defined in this section, of the commercial salmon laws or regulations within the past three years or if action is brought to recover civil damages under Section 2014 of the Fish and Game Code from the person subject to action under this section.
(2) All monetary penalties for compromise agreements for points assigned under subsection (a)(2)(A)1. through (a)(2)(A)7. are resource oriented and, therefore, all monetary penalties assessed under these subsections shall be deposited by the Department into the special account established by Section 7861 of the Fish and Game Code. All other monetary penalties assessed under this section shall be deposited by the Department to the Fish and Game Preservation Fund.


Note: Authority cited: Sections 8246 and 8246.2, Fish and Game Code. Reference: Sections 8246 and 8246.2, Fish and Game Code.

s 167.2. Domestically Reared Striped Bass.


Note: Authority cited: Sections 2361, 2363, 2430, 2431, 7701, 7708, 8213 and 8431, Fish and Game Code. Reference: Sections 2353, 2361, 2430-2433, 7700-7710.5, 8213 an 8431, Fish and Game Code.

s 167.3. Sale of Marine Life Produced Under Mariculture License.


Note: Authority cited: Sections 7708, 15005, 15200, 15202 and 15402, Fish and Game Code. Reference: Sections 7708, 15005, 15200, 15202 and 15402, Fish and Game Code.

s 168. Fish, Packaged or Tagged.


Note: Authority cited: Sections 1038, 2430-2433, 8435 and 8436, Fish and Game Code. Reference: Sections 2430-2433, 8435 and 8436, Fish and Game Code.

s 169. Permit to Operate Domesticated Anadromous Fishery on Davenport Landing Creek (Santa Cruz County).


Note: Authority cited: Sections 1050, 6570, 15005, 15101 and 15200, Fish and Game Code. Reference: Sections 1050, 6570-6578, 15101 and 15200-15202, Fish and Game Code.

s 169.1. Permits to Operate Domesticated Anadromous Fishery in Elk Creek (Mendocino County).


Note: Authority cited: Sections 6550 and 6555, Fish and Game Code. Reference: Sections 6550 and 6555, Fish and Game Code.

s 170. Commercial Packaging of Dead, Domestically-Reared Fish.


Note: Authority cited: Sections 1050, 15005 and 15101, Fish and Game Code. Reference: Sections 1050, 15000-15005 and 15101, Fish and Game Code.

s 170.5. Domesticated Fish Breeders' Signs.


Note: Authority cited: Section 15400, Fish and Game Code. Reference: Section 15400, Fish and Game Code.

s 171. Importation of Live Catfish.
No live catfish of the following species: channel catfish ( Ictalurus Punctatus), blue catfish ( Ictalurus furcatus), white catfish ( Ictalurus catus), flathead catfish ( Pylodictis olivaris), brown bullhead ( Ictalurus nebulosus), black bullhead ( Ictalurus melas) or yellow bullhead ( Ictalurus natalis) may be imported into California.


Note: Authority cited: Section 6401, Fish and Game Code. Reference: Sections 2270-2272, 6300-6306, and 6400-6401, Fish and Game Code.

s 171.1. Importation of Live Striped Bass.


Note: Authority cited: Sections 2118 and 6401, Fish and Game Code. Reference: Sections 2116-2191, 2270-2272 and 2301-2304, Fish and Game Code.

s 171.5. Importation of Eggs of Fishes of the Family Salmonidae (Trout, Char, and Salmon).


Note: Authority cited: Sections 2118, 6401 and 15600, Fish and Game Code. Reference: Sections 2116-2191, 6401 and 15600, Fish and Game Code.

s 172. Possession of Trawl or Drag Nets in Districts 4, 19, 19A, 19B, and 21.
Trawl or drag nets may be possessed for the purpose of transportation in Fish and Game Districts 4, 19, 19A, 19B, and 21.


Note: Authority cited: Section 8833, Fish and Game Code. Reference: Sections 8830-8843, Fish and Game Code.

s 173. Midwater Trawls.


Note: Authority cited: Section 8830.5, Fish and Game Code. Reference: Sections 8830-8843, Fish and Game Code.

s 174. Permit to Use Gill Nets or Trammel Nets for Commercial Purposes.
(a) Permit Required.
(1) The owner or operator of a vessel using a gill net or trammel nets shall have obtained a valid gill net/trammel net permit and shall be in possession of said permit when engaged in gill netting or trammel netting activities except as provided under subsection (i). Except as otherwise provided, it is unlawful to fish with a gill net or trammel net unless a permittee is aboard the vessel.
(2) To Whom Issued. The department shall issue permits to the owner or operator of a currently registered commercial fishing vessel who has qualified pursuant to subsection (b).
(3) Where Issued. Permits shall be issued at department offices in Eureka, Menlo Park, Monterey, Long Beach and San Diego.
(b) Qualifications for the Permit. To qualify for a permit, an applicant shall:
(1) Have worked as a crewmember for at least 12 months on vessels using gill nets or trammel nets and shall have worked at least 180 days at sea on such vessels; or
(2) Pass a proficiency examination administered by the department. The proficiency examination shall include written and performance tests which demonstrate knowledge of the proper use of gill nets or trammel nets.
(3) Prove to the director's satisfaction that as the owner or operator of a legally registered commercial fishing vessel, he has landed at least 10,000 pounds of fish during a 12-month period, or has landed fish during a 12-month period for which he was paid at least $10,000. Only landings of fish caught by the use of gill nets or trammel nets shall be used to satisfy the catch requirements of this subsection; or
(4) Prove to the director's satisfaction that as the owner or operator of a legally registered commercial fishing vessel, he has landed at least 1,000 pounds of fish taken in gill nets or trammel nets in 4 of the 5 license years prior to the date of application; or
(5) Have possessed a permit issued pursuant to this section during the previous season and shall have complied with subsection (f) of these regulations.
(6) Only landings and crewmember experience occurring during the five year period prior to the date of application shall be used to meet the requirements of subsection (b). The applicant shall supply documentation that he was a legally licensed commercial fisherman when he made the required landings or met the crewmember experience requirements. Crewmember experience shall be documented by fishing records submitted to the department as required by subsection (j), or by a notarized document signed by the owner or operator of vessels oil which the applicant has completed the required experience. Landings of fish shall be verified by the submission of copies of landing receipts.
(c) Limitations of Permit. Permits are nontransferable. Not more than one permit shall be issued to any person.
(d) Duration of Permit. Except as otherwise provided, permits issued pursuant to these regulations, shall be in force from April 1 through March 31 of the following year, or if issued after the beginning of such term, for the remainder thereof.
(e) Cost of Permit. See section 8683 of the Fish and Game Code.
(f) Records. Pursuant to section 190 of these regulations, each permittee shall complete and submit an accurate record of all gill net and trammel net fishing activities on a form (Gill and Trammel Net Log, DFG 174 (10/89), see Appendix A) provided by the department.
(g) Conditions of Permit. Provisions of the Fish and Game Code relating to commercial fish 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 or control.
(h) Revocation of Permits. A permit may be revoked or canceled by the commission for a period not to exceed one year from the date of revocation upon a conviction for a violation of a provision of article 5, chapter 3, part 3, division 6 of the Fish and Game Code, or any regulation authorized by this article, or the terms or conditions of this section by the holders thereof, their agents, servants, employees, or those acting under their direction and control.
(i) Exemptions from Permit. The owner or operator of a vessel operating under a permit issued pursuant to section 163, title 14, CAC, is not required to possess the permit authorized by this section.


Note: Authority cited: Section 8682, Fish and Game Code. Reference: Sections 1050, 1700, 8568, 8680, 8681, 8682 and 8683, Fish and Game Code.

s 174.5. Gill Nets and Trammel Nets -Areas with Restricted Fishing.


Note: Authority cited: Section 8664.5, Fish and Game Code. Reference: Sections 1700, 3515 and 4500, Fish and Game Code.

s 174.7. Gill Nets and Trammel Nets -District 18.


Note: Authority cited: Section 8664.5(b), Fish and Game Code. Reference: Sections 1700, 4500, 4700 and 8664.5, Fish and Game Code.

s 175. Trawl Nets.


Note: Authority and reference cited: Section 7652, Fish and Game Code.

s 176. Trawl Fishing Activity Records.
Pursuant to Section 190 of these regulations, the master or his designee of any vessel operating any trawl net in the public waters under the jurisdiction of the state, or taking fish by such net without the state and bringing them into the state, shall complete and submit an accurate record of fishing activities on a form (Trawl Trip Log, DFG 176 (10/89), see Appendix A) provided by the department.


Note: Authority cited: Section 8026, Fish and Game Code. Reference: Section 8026, Fish and Game Code.

s 180. Traps.
Revocable, nontransferable permits to use traps for commercial purposes may be issued by the department to take fish, mollusks and crustaceans except market crabs (Cancer magister) and lobster under the following conditions:
(a) Permits will include conditions under which traps shall be used to take fish, mollusks or crustaceans. No person shall use any trap except as authorized in a permit. The taking of spot prawns shall be subject to the conditions of this section and section 180.1.
(b) Every person who takes or assists in taking fish, mollusks, or crustaceans with any trap or who possesses or transports fish, mollusks, or crustaceans on any boat, barge, or vessel when any trap is aboard, shall have in his possession a valid permit issued to him pursuant to this section while engaged in any such activity.
(c) The department may inspect the traps at any time.
(d) Records. Pursuant to section 190 of these regulations, each permittee may be required by the department to complete and submit an accurate log of the fishing operations on a form (Daily Trap Log, DFG 180A (10/89) or Daily Sablefish Trap Log, DFG 180B (10/89), see Appendix A) provided by the department.
(e) Traps must be marked by buoys as specified by the department.
(f) All traps must have at least one destruct device of a type authorized by the department.
(g) The permit may be suspended temporarily by the Director for a breach or violation of the terms of the permit by the holder thereof, or any member of his crew on the designated vessel. In addition, the permit may be temporarily suspended or denied by the Director if he determines that the trap or its operation is detrimental to any of the ocean's living marine resources. The commission shall be notified of any such suspension, and subsequently may revoke or reinstate the permit or fix the period of its suspension after written notice to the permittee and after he has been afforded an opportunity to be heard. In the event a permit is denied by the Director the applicant may apply to the commission for an experimental gear permit under Section 8606 of the Fish and Game Code.
(h) The permit number of the boat operator shall be displayed on both sides of the boat in ten-inch black numbers on a white background. All permittees aboard the boat shall be mutually responsible for the proper display of the numbers.
(i) Cost of Permit. The fee for this permit shall be the amount specified in Section 9001, Fish and Game Code.
(j) Exemption from Tidal Invertebrate Permit. A commercial fisherman operating under the provisions of a commercial trap permit and lobster operator permit is not required to possess a Tidal Invertebrate Permit, but is subject to the provisions of Section 123.


Note: Authority cited: Sections 7701, 7708, 8491 and 8500, Fish and Game Code. Reference: Sections 7700-7710.5, 8490, 8491, 8500, 9000-9011 and 9015, Fish and Game Code.

s 180.1. Spot Prawn (Pandalus platyceros) Fishing.
Spot prawns may only be taken by trawl nets for commercial purposes pursuant to subsection 120.3(g) of these regulations, or by traps, pursuant to sections 180, 180.2, 180.5 and this section.
(a) No trap may be used to take spot prawns from November 1 through January 31, between a line drawn due west from Point Arguello, Santa Barbara County and the United States - Mexico boundary. No trap may be used to take spot prawns from May 1 through July 31 between a line drawn due west from Point Arguello, Santa Barbara County, and the California-Oregon boundary.
(1) Spot prawn traps may be set and baited no earlier than 0600 hours (6:00 a.m.) on January 31 in waters south of a line drawn due west from Point Arguello, and no earlier than 0600 hours (6:00 a.m.) on July 31 in waters north of a line drawn due west from Point Arguello.
(2) In areas in which the season closure begins November 1, all traps must be removed from the water prior to November 1, weather and sea conditions permitting. In areas in which the season closure begins May 1, all traps must be removed from the water prior to May 1, weather and sea conditions permitting. In the event that a permittee is unable to comply with this subdivision, then that person must notify the nearest department office via telephone or FAX and certified mail not later than 1600 hours (4:00 p.m.) on November 1 or May 1, whichever is applicable, stating the reason for the delay and the anticipated date of trap removal. Notification does not relieve the permittee of responsibility for complying with this subdivision unless approved by the department.
(3) All spot prawns taken in any trap during the closed season shall be immediately returned to the water and no spot prawn may be possessed aboard, or landed from, any vessel operating under authority of a spot prawn trap permit in any area during the closed season in that area.
(b) All spot prawn traps shall be made of mesh with a minimum inside measurement of 7/8 inch by 7/8 inch, such that a 7/8 inch square peg passes through the mesh without stretching the mesh. (Note: Fathom Plus Traps may be used to take spot prawns.)
(c) Trap Limits.
(1) Tier 1 and Tier 3 trap limits. Not more than 500 traps may be used from any Tier 1 or Tier 3 vessel to take spot prawns except that not more than 300 traps may be used from any Tier 1 or Tier 3 vessel to take spot prawns within three miles of the mainland shore between a line drawn due west from Point Arguello, Santa Barbara County, and the California-Oregon boundary.
(2) Tier 2 trap limits. Not more than 150 traps may be used from any Tier 2 vessel.
(d) Each string of spot prawn traps shall be marked with a buoy bearing the commercial fishing license identification number issued to the owner or operator of the vessel.


Note: Authority cited: Sections 711 and 8591, Fish and Game Code. Reference: Sections 710.7, 711, 8140, 8590, 8591, 8593, 8594, 8595, 8842, 9000, 9001, 9004-9008 and 9015, Fish and Game Code.

s 180.2. Trap Destruction Devices.
Pursuant to the provisions of Section 9003 of the Fish and Game Code, every trap used to take fin fish, mollusks or crustaceans shall contain at least one destruction device that complies with the specifications described in this Section. The use of any structures or materials that defeat or interfere with the purpose of the destruct device is prohibited.
(a) Escape openings.
(1) Each trap destruct device shall create an unobstructed escape opening in the top or upper half of the trap of at least 5 inches in diameter when the destruct attachment material corrodes or fails, except for traps used under authority of a Tanner Crab Trap Vessel Permit.
(2) Traps used under authority of a Tanner Crab Trap Vessel Permit shall have an unobstructed escape opening in any sidewall or on the top of the trap; the escape opening shall not be on the floor of the trap. The opening shall measure not less than 11 inches taken at its smallest inside diameter. If the opening is non-rigid or contained within pliable mesh, the smallest inside diameter measurement shall be taken so that a rigid cylindrical measuring device 11 inches in its outside diameter and at least 6.5 inches in length shall be able to pass easily through the opening.
(b) The escape opening on each trap must be closed with one of the following destruct attachment materials:
(1) 14 gauge (.080 + or - .003 inch) or smaller metal hog rings excluding stainless steel or other non-corrodible materials;
(2) untreated cotton twine size No. 21-thread or less, except that traps used to take Dungeness, Tanner or rock crabs are limited to a single strand of untreated cotton twine size No. 120 or less;
(3) 24 gauge (.028 + or - .003 inch) or smaller uncoated bare metal crimps excluding stainless steel or other non-corrodible materials;
(4) magnesium pins not larger than one-quarter (.25) inch in diameter which may be used to hold together each half of plastic or fiberglass traps or may be used to attach the lid or door; or
(5) The use of rubber straps attached to metal or plastic hooks with a single loop of untreated cotton twine size No. 120 or less may be used to close the trap provided they are attached in such a manner as to aid the destruct process. The use of any rubber strap or non-corrosive material that defeats or interferes with the purpose of the destruct panel is prohibited.
(c) [Operative until July 16, 2006] Notwithstanding subsection (a) above, traps used to take Dungeness crabs, which are constructed of wire mesh, may have up to three meshes (described as "V"s or a "W" and a "V") that protrude into the destruct device opening provided that the points of each of these meshes are separated by at least one side (bar) of an adjoining mesh that has been removed and each of the meshes extend into the opening a distance of not more than 2 1/2 inches, as measured from the perimeter of the opening along either edge of the protruding wire mesh, to serve as an anchor for the destruct attachment material. On Dungeness crab traps constructed of wire mesh, the panel containing the destruct device and the wire mesh acting as an anchor for the destruct material must be constructed of a single wire no greater than .050 inches in diameter. This subsection shall become inoperative on July 16, 2006 and is repealed effective that date.
(c) [Operative July 16, 2006] Notwithstanding subsection (a) above, traps used to take Dungeness crabs, which are constructed of wire mesh, may have not more than a single wire mesh (described as a "V") that protrudes into the destruct device opening provided that mesh extends into the opening a distance of not more than 2 1/2 inches, as measured from the perimeter of the opening along either edge of the protruding wire mesh, to serve as an anchor for the destruct attachment material. On Dungeness crab traps constructed of wire mesh, the panel containing the destruct device and the wire mesh acting as an anchor for the destruct material must be constructed of a single wire no greater than .050 inches in diameter. This subsection shall become operative on July 16, 2006.


Note: Authority cited: Sections 7090, 7708, 8500 and 9003, Fish and Game Code. Reference: Sections 7090, 8500, 9003 and 9008, Fish and Game Code.

s 180.3. Restricted Access Spot Prawn Trap Fishery.
(a) Control Date. A control date of January 1, 1999, is established for the purpose of developing a restricted access spot prawn trap fishery. Only those vessels which have made at least one spot prawn landing with trap gear before this date may be considered for inclusion in the restricted access trap fishery. Additional vessels which have made landings of spot prawns with trawl gear between 1994 and 2001 also may be considered for inclusion in the restricted access spot prawn trap fishery (trawl conversion program).
(b) Permit Requirement, Classification of Permits and Permit Conditions. Effective April 1, 2002, no person shall use a vessel to land spot prawns for commercial purposes using traps authorized pursuant to Sections 8591 and 9001 of the Fish and Game Code, unless the owner of that vessel has a general trap permit, issued pursuant to Section 9001 of the Fish and Game Code, and a spot prawn trap vessel permit for that vessel that has not been suspended or revoked.
(1) Tier 1 Permits. Spot prawn trap vessel permits issued pursuant to subsection (c)(1) shall be considered as Tier 1 permits, and permitted vessels are authorized to use the number of traps specified for Tier 1 permits pursuant to Section 180.1(c), Title 14.
(2) Tier 2 Permits. Spot prawn trap vessel permits issued pursuant to subsection (c)(2) shall be considered as Tier 2 permits, and permitted vessels are authorized to use the number of traps specified for Tier 2 permits pursuant to Section 180.1(c), Title 14. Permitted vessels with Tier 2 permits may not exceed a maximum of 5000 pounds of spot prawns landed in any permit year. The revenue from any landings in excess of 5000 pounds in any permit year shall be forfeited to the department.
(3) Tier 3 Permits. Spot prawn trap vessel permits issued pursuant to subsection (c)(3) shall be considered as Tier 3 permits, and permitted vessels are authorized to use the number of traps specified for Tier 3 permits pursuant to Section 180.1(c), Title 14. Tier 3 permits shall also be known as trawl conversion permits.
(c) Initial Issuance Criteria. A spot prawn trap vessel permit for a specific tier shall be issued only to the following persons for use on qualifying vessels:
(1) Tier 1 Permits. A person who is the owner of a commercial fishing vessel that has been registered with the department pursuant to Section 7881 of the Fish and Game Code in each of the 1997-98, 1998-99, and 1999-2000 permit years, and has made landings of spot prawns utilizing traps on or before January 1, 1999, as documented by landing receipts that were delivered to the department pursuant to Section 8046 of the Fish and Game Code, and who has satisfied at least one of the following minimum vessel-based landing requirements:
(A) at least 20 landings of spot prawns, utilizing traps, in each of the calendar years 1997, 1998, and 1999;
(B) at least 2,000 pounds of spot prawns landed, utilizing traps, in each of the calendar years 1997, 1998, and 1999;
(C) at least 10,000 pounds of spot prawns landed, utilizing traps, in each of the calendar years 1998 and 1999.
(2) Tier 2 Permits.
(A) A person who is the owner of a commercial fishing vessel that has been registered with the department pursuant to Section 7881 of the Fish and Game Code in each of the 1997-98, 1998-99, and 1999-2000 permit years, and has made landings of spot prawns utilizing traps on or before January 1, 1999, as documented by landing receipts that were delivered to the department pursuant to Section 8046 of the Fish and Game Code, and who does not satisfy any of the minimum landing requirements in subsection (c)(1) and has satisfied at least one of the following minimum vessel-based landing requirements:
1. at least 10 landings of spot prawns, utilizing traps, in calendar year 1998;
2. at least 1,000 pounds of spot prawns landed, utilizing traps, in calendar year 1998.
(B) Any individual, who has been licensed as a California commercial fisherman for at least 20 years, and who has participated in the commercial spot prawn trap fishery for at least one of those years, and who has made at least 20 landings of spot prawns, using traps, totaling at least 10,000 pounds in one of those years, shall be issued a Tier 2 permit.
(3) Tier 3 Permits. Prawn points will be used to determine eligibility for initial issuance of Tier 3 permits. Any person who is the owner of a commercial fishing vessel that has been registered with the department pursuant to Section 7881 of the Fish and Game Code between 1994 and 2001 will receive points based on spot prawn landings made utilizing trawl gear.
(A) Points will be awarded to a vessel based on landing history between January 1, 1994 through December 31, 2001 as documented by fish landing receipts that were submitted to the department pursuant to Section 8046 of the Fish and Game Code in the vessel's name and commercial boat registration number as follows:
1. One hundred prawn points will be earned for each calendar year in which the vessel made a landing of spot prawn with trawl gear between 1994 and 2001.
2. One prawn point will be earned for every 500 pounds of spot prawn the vessel landed with trawl gear between 1994 and 2001; and
3. One prawn point will be earned for each landing of spot prawn a vessel made with trawl gear between 1994 and 2001;
(B) A vessel must have in excess of 1,000 prawn points to qualify for initial issuance of a Tier 3 permit.
(d) Capacity Goal. The commission has determined that the spot prawn trap fishery capacity goal for Tier 1 and Tier 3 permits combined shall be 17. The commission has determined that the spot prawn trap fishery capacity goal for Tier 2 permits shall be 0.
(e) Application Deadline for Initial Issuance of Spot Prawn Trap Vessel Permits.
(1) Tier 1 and Tier 2 Permits. All applications and permit fees for initial issuance of Tier 1 and Tier 2 spot prawn trap vessel permits must be received by the department or, if mailed, must be postmarked no later than June 30, 2002. Applications for initial issuance of a spot prawn trap vessel permit received from July 1 through July 31, 2002 shall be considered late and will be assessed a late fee. Applications and monies due for the initial issuance of Tier 1 and Tier 2 spot prawn trap vessel permits not received or, if mailed, not postmarked, by July 31, 2002 shall be returned to the applicant unissued.
(2) Tier 3 Permits. All applications (FG 1424 (new, 8/04) incorporated by reference herein) and permit fees for initial issuance of Tier 3 spot prawn trap vessel permits must be received by the department or, if mailed, must be postmarked no later than February 28, 2005. Applications for initial issuance of Tier 3 spot prawn trap vessel permits received from March 1 through March 31, 2005 shall be considered late and will be assessed a late fee pursuant to subsection (n). Applications and monies due for initial issuance of Tier 3 spot prawn trap vessel permits not received or, if mailed, not postmarked, by March 31, 2005 shall be returned to the applicant unissued.
(f) Minimum Landing Requirements for Spot Prawn Trap Vessel Permit Renewal. No minimum landings of prawns shall be required to be eligible for renewal of a spot prawn trap vessel permit.
(g) Annual Spot Prawn Trap Vessel Permit Renewal. Applications (FG 1422 (8/03) or FG 1424 (new, 8/04) incorporated by reference herein) for renewal of a spot prawn trap vessel permit shall be received by the department, or, if mailed, postmarked, by April 30 of each year. Applications for a spot prawn trap vessel permit received from May 1 to May 31 will be assessed a late fee pursuant to subsection (n). Spot prawn trap vessel permit renewals received after May 31, or if mailed, postmarked after May 31, shall become expired, shall be returned unissued to the applicant, and shall no longer be eligible for renewal in subsequent years.
(h) Presence of Owner on Vessel. An owner of the vessel to which the spot prawn trap vessel permit has been issued must be on the vessel when spot prawns are being taken or landed, except that one additional operator may be designated during a license year by informing the department in writing with a letter sent to Department of Fish and Game, Marine Region, 20 Lower Ragsdale Drive, Suite 100, Monterey, California 93940.
(i) Appeal for Reinstatement of an Expired Spot Prawn Trap Vessel Permit. Any applicant who is denied issuance of a spot prawn trap vessel permit for failure to submit an application prior to the application deadline may appeal to the department in writing. The appeal for reinstatement of an expired spot prawn trap vessel permit shall be received by the department or, if mailed, postmarked on or before March 31 following the permit year in which the applicant last held a valid spot prawn trap vessel permit.
(j) Revocation of Permit. A spot prawn trap vessel permit shall be revoked if the permittee fails to:
(1) renew the permit or annually renew his or her commercial fishing license issued pursuant to Section 7852 of the Fish and Game Code; or
(2) submits false information for the purposes of obtaining a spot prawn trap vessel permit.
(k) Transfer of a Spot Prawn Trap Vessel Permit to Another Vessel. A transfer of a spot prawn trap vessel permit may be approved for use on a replacement vessel only if all of the following criteria are met:
(1) In the form of a notarized letter, the owner of the vessel which is issued a permit shall submit an application for transfer of a Spot Prawn Trap Vessel Permit to the department.
(2) The vessel owner pays the non-refundable transfer fee specified in subsection (n).
(3) Unless the vessel was lost, stolen, or destroyed, a permit may not be transferred more than once during any 12-month period.
(4) The spot prawn trap vessel permit for the permitted vessel is current.
(5) The permitted vessel owner has written authority from the legal owner and/or partners, or mortgager, of the vessel, to which the permit shall be transferred, to transfer the spot prawn trap vessel permit from the permitted vessel.
(l) Change of Ownership of a Spot Prawn Trap Vessel Permit.
(1) Tier 2 spot prawn trap vessel permits shall not be transferred to another person. Tier 2 permits shall become null and void upon death of the permit holder.
(2) All Tier 1 spot prawn trap vessel permits shall be transferable to another person, but not more than once within any 3-year period, and not before April 1, 2005. Upon the death of the permittee, transfer of a Tier 1 spot prawn vessel permit may be considered if the estate makes application, in the form of a notarized letter, for the transfer within one year of the date of death as listed on the death certificate.
(3) Tier 3 spot prawn trap vessel permits shall not be transferred to another person. Tier 3 permits shall become null and void upon death of the permit holder.
(4) A change of ownership of a Tier 1 spot prawn trap vessel permit to another person may be approved only if the vessel owner submits a written request for change of ownership to the department and pays a non-refundable change of ownership fee. Thereafter, upon notice to the department, the person purchasing the spot prawn trap vessel permit may use that permit for the taking and landing of spot prawns for any and all of the unexpired portion of the permit year, provided the following requirements are met:
(A) the person purchasing the permit shall have a valid commercial fishing license issued pursuant to Section 7852 of the Fish and Game Code that has not been suspended or revoked, and a general trap permit issued pursuant to Section 9001 of the Fish and Game Code,
(B) the person is the owner of a commercial fishing vessel that has been registered with the department pursuant to Section 7881 of the Fish and Game Code. The person receiving the permit shall be eligible for a permit, pursuant to the provisions of this section, for the use of that vessel in subsequent years.
(5) Notwithstanding the transfer of ownership provisions in subsection (l) for Tier 1, upon the death of a spot prawn trap vessel Tier 1 permittee the estate may apply to the department to transfer that permit to the estate. The application for transfer shall be received by the department within one year of the death of the permittee.
(m) Appeals.
(1) Any applicant who is denied initial issuance of a spot prawn trap vessel Tier 1 or Tier 2 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, 2003. Any applicant who is denied initial issuance of a Tier 3 spot prawn trap vessel 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 September 30, 2005. 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
(2) Any applicant who is denied renewal of a spot prawn trap vessel permit may appeal the 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 spot prawn trap vessel 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.
(3) Any applicant who is denied transfer of a spot prawn trap vessel permit may appeal the denial to the department in writing describing the basis for the appeal. 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.
(n) Fees.
(1) Tier 3 Initial Issuance Fee. The department shall charge a fee for each Tier 3 spot prawn trap vessel permit of $1,015.
(2) Annual Renewal Fee. The department shall charge an annual fee for each Tier 1 and Tier 2 spot prawn trap vessel permit of $253.75. The department shall charge an annual renewal fee for each Tier 3 spot prawn trap vessel permit of $1,015.
(3) Vessel Transfer Fee. The department shall charge a non-refundable fee of $200 for each vessel transfer.
(4) Change of Ownership Fee. The department shall charge a non-refundable fee of $50 for each change of ownership of the spot prawn trap vessel permit.
(5) Initial Issuance Late Fees. The department shall charge a non-refundable late fee of $50 if an application for initial issuance of a Tier 1 or Tier 2 spot prawn trap vessel permit is received from July 1 to July 31, 2002. The department shall charge a non-refundable late fee of $50 if an application for initial issuance of a Tier 3 spot prawn trap vessel permit is received from March 1 to March 31, 2005.
(6) Renewal Late Fee. The department shall charge a non-refundable late fee of $50 if an application for renewal of a spot prawn trap vessel permit is received from May 1 to May 31.


Note: Authority cited: Sections 713 and 8591, Fish and Game Code. Reference: Sections 8101, 8591, 8593, 8594, 8595, 9000, 9001 and 9015, Fish and Game Code.

s 180.4. Finfish Trap Construction.
The entrance funnels of finfish traps used in waters between Point Arguello, Santa Barbara County and Point Montara, San Mateo County, shall have a rigid inside entrance diameter of not greater than 5.00 inches. Funnels constructed of a readily deformable material such as "chicken wire" and commonly referred to as "pulled" shall have a rigid metal ring of not greater than 5.00 inches in diameter permanently affixed in each entrance funnel.


Note: Authority cited: Section 8587.1, Fish and Game Code. Reference: Section 8587.1, Fish and Game Code.

s 180.5. Trap Buoy Identification.
Pursuant to the provisions of Section 9005 of the Fish and Game Code, every trap or string of traps placed in waters of the state to take fin fish, mollusks or crustaceans for commercial purposes shall be marked with a buoy. Buoys used to mark any trap or string of traps shall be clearly and distinctly marked with a buoy identification number as required by Section 9006 of the Fish and Game Code. The specified identification number shall be at least one and one-half inches in height and one-quarter inch in width. Each trap marker buoy shall bear the specified number in a color which contrasts with that of the buoy and the number shall be applied so that it is visible and legible.


Note: Authority cited: Sections 9003, 9005 and 9006, Fish and Game Code. Reference: Sections 9002, 9003, 9005, 9006, 9007 and 9008, Fish and Game Code.

s 180.15. Coonstripe Shrimp(Pandalus danae)Fishing.
(a) No person shall use a vessel to take, possess or land coonstripe shrimp for commercial purposes unless the owner of that vessel has been issued a coonstripe shrimp vessel trap permit for that vessel that has not been suspended or revoked.
(b) The fee for a coonstripe shrimp vessel trap permit is $76.25.
(c) Coonstripe shrimp may only be taken for commercial purposes by traps pursuant to this section and sections 180, 180.2, and 180.5, Title 14, CCR.
(1) Coonstripe shrimp may not be taken from November 1 through April 30.
(2) All coonstripe shrimp taken during the closed season shall immediately be returned to the water. No coonstripe shrimp shall be possessed or landed aboard any commercial fishing vessel during the closed season.
(3) Coonstripe shrimp traps may be set and baited no earlier than noon on April 30.
(4) All traps must be removed from the water prior to November 1, weather and sea conditions permitting. In the event that a permittee is unable to comply with this subsection, then the permittee must notify an officer from the department's Enforcement Branch in the nearest department office via telephone or fax not later than noon on October 31. The permittee must state the reason for the delay and the anticipated date of removal. Notification does not relieve the permittee of the responsibility for complying with this subsection unless approved by the department.
(d) A control date of November 1, 2001, is established for the purpose of considering a future restricted access coonstripe shrimp trap fishery. Landings on or after this date may not apply toward a permit in a future restricted access program for the coonstripe shrimp trap fishery if one is developed.


Note: Authority cited: Sections 713, 1050, 8591 and 8842, Fish and Game Code. Reference: Sections 1050, 8590, 8591, 8595, 8842, 9001 and 9015, Fish and Game Code.

s 181. Commercial Salmon Fishing.


Note: Authority cited: Section 7710, Fish and Game Code. Reference: Section 7710, Fish and Game Code.

s 182. Commercial Salmon Fishing.
(a) General Provisions. No person shall engage in commercial salmon fishing except as provided by the Fish and Game Code and regulations provided herein. Applicable regulations adopted by the U.S. Secretary of Commerce pursuant to the Magnuson Fishery Conservation and Management Act and published in Title 50, Code of Federal Regulations (CFR), Parts 600 and 660 are hereby incorporated and made a part of these regulations. Federal regulations shall be made available upon request from the Department of Fish and Game, Marine Region, 1416 Ninth Street, BOX 944209, Sacramento, CA 94244-2090, phone number 916-651-7670.
(b) Reporting Requirements
(1) Any person required to complete a landing receipt pursuant to FGC Section 8043 for the landing of salmon shall on the same landing receipt accurately record the total number of salmon landed in the "Note Pad" field of the landing receipt (F&G 625-D rev. 10/00), which may be found in Appendix A of these regulations.
(2) Any person who lands salmon shall keep a copy of all landing receipts documenting salmon landings on board the fishing vessel that caught the salmon until 15 days after the last salmon season closure for the calendar year.
(c) General Definitions. For purposes of these regulations, the following definitions shall apply:
(1) Closures. Taking or taking and retaining any species of salmon is prohibited. Legally caught salmon may be landed on closed areas if they meet the minimum size limit or other special requirements for the area in which they were caught and are not otherwise prohibited by these regulations.
(2) Transit Through Closed Areas. Vessels with an ocean salmon permit from any state with salmon on board shall not have fishing gear in the water while transiting any area closed to commercial salmon fishing.
(3) Size Limits and Length Measurement. All salmon on board must meet the minimum size or other special requirements for the area being fished and the area in which they are landed if that area is open. Total length is measured from the tip of the snout to the extreme tip of the tail without resorting to any force other than swinging or fanning the tail.
(4) Gear Definitions. Troll fishing gear is defined as no more than six lines that drag hooks with bait or lures behind a moving fishing vessel. Salmon may be taken only by hook and line using barbless hooks. Barbless circle hooks are required when fishing with bait by any means other than trolling.
(5) Barbless Hook Definition. A hook with a single shank and point, with no secondary point or barb curving or projecting in any other direction. Hooks manufactured with barbs can be made "barbless" by removing or completely closing the barb.
(6) Circle Hook Definition. A hook with a generally circular shape, and a point which turns inwards, pointing directly to the shank at a 90 degree angle.
(7) Trolling Definition. Angling from a boat or floating device that is making way by means of a source of power, other than drifting by means of the prevailing water current or weather conditions.
(8) Freezer Trolling Vessel. Frozen salmon may be possessed in a dressed, head-off condition, subject to the following minimum size limit: king salmon, 19- 1/2" in dressed, head-off length when salmon no less than 26 inches total length may be possessed; king salmon, 20-1/4" in dressed, head-off length when salmon no less than 27 inches total length may be possessed. Dressed, head-off length is the distance measured along the lateral line between the mid-point of the clavicle and the fork of the tail.
(9) Federal Designated Routine Management Measures. Routine Management Measures, identified as catch restrictions intended to keep landings within the harvest levels announced by the Secretary of Commerce and noticed in the Federal Register by the National Marine Fisheries Service, are hereby incorporated and made a part of these regulations. Should any federal management measures conflict with existing statutes, including Fish and Game Code Sections 8210.2 and 8215, the provisions in the statutes which conflict with the federal management measures are made inoperative.


Note: Authority cited: Sections 7652 and 8043, Fish and Game Code. Reference: Sections 1700, 7600, 7650, 7652, 7652.1, 7652.2, 7652.3, 8046, 8210.2 and 8215, Fish and Game Code; and Title 50, Code of Federal Regulations, Part 660.Authority cited: Sections 7652 and 8043, Fish and Game Code. Reference: Sections 1700, 7600, 7650, 7652, 7652.1, 7652.2, 7652.3, 8046, 8210.2 and 8215, Fish and Game Code; and Title 50, Code of Federal Regulations, Part 660.

s 182.1. Commercial Salmon Fishing.
Under the authority of Sections 7652 and 7652.2 of the Fish and Game Code, Section 8210.2 of said Code and Section 182, Title 14, California Code of Regulations are made temporarily inoperative for the period May 1, 1988 through April 30, 1989 and the following provisions are adopted, such provisions to be effective My 1, 1988 through April 30, 1989 and on April 30, 1989 are repealed. Upon expiration of these provisions in any district or portion thereof, Section 8210.2 of the Fish and Game Code shall become effective in such districts or portions or districts.
(a) In Districts 6, 7, 10, 11, 15, 16, 17, 18, and 19, no king (chinook) salmon may be possessed that is less than 26 inches in length and no silver (coho) salmon less than 22 inches, such lengths to be measured from the tip of the snout to the extreme tip of the tail without resorting to any force other than swinging or fanning the tail. Salmon may be taken only by hook and line and there is no bag limit except as modified in subsections (g), (h), (i) and (n) of these regulations. (continued)