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(continued)
(2) Food. Food shall be wholesome, palatable and free from contamination and shall be supplied in sufficient quantity and nutritive value to maintain the animal in good health.
(3) Water. Potable water must be accessible to the animals at all times or provided as often as necessary for the health and comfort of the animal. All water receptacles shall be clean and sanitary.
(4) Cleaning of enclosures. Excrement shall be removed from enclosures as often as necessary to maintain animals in a healthy condition.
(5) Disinfection of enclosures. After an animal with an infectious or transmissible disease is removed from an enclosure, that enclosure shall be disinfected.
(6) Pest control. Programs of disease prevention and parasite control, euthanasia and adequate veterinary care shall be established and maintained by the permittee.
(7) Observation. Animals shall be observed at least twice a week by the permittee or once a week if the animals are in hibernation. Sick, diseased, stressed, or injured animals shall be provided with care consistent with standards and procedures used by veterinarians or humanely destroyed.
(8) Handling. Animals shall be handled carefully so as not to cause unnecessary discomfort, behavioral stress, or physical harm to the animal.
(h) Records. Every permittee shall keep accurate accounting records for three years in which all of the following shall be recorded:
(1) The complete scientific name and number of all native reptiles purchased, received, sold, delivered, taken and possessed.
(2) The person from whom the native reptiles were purchased or received.
(3) The person to whom the native reptiles were sold or delivered.
(4) The date the native reptiles were purchased, received, sold, delivered or taken.
(5) The price paid or received.
(6) The dates and numbers of eggs laid.
(7) The dates and numbers of births or hatchings.
(i) Annual Report Requirement. A copy of the records required in subsection 43(h) shall be submitted to the department by December 31 of each year. No permit shall be renewed unless the records or a signed statement that no species and/or subspecies of native reptiles were purchased, received, sold, delivered, taken or possessed during the year is submitted.
(j) Confidentiality of Records. The information required in subsections 43(h)(2), (3), and (5) contained in the records and reports filed with the department pursuant to subsection 43(i) shall be confidential and shall not be disclosed to the public.
(k) Inspection. The department may enter the premises of any permittee where reptiles are maintained, or reasonably may be maintained, at any reasonable hour to inspect reptiles, and enclosures and to inspect, audit or copy records and receipts required by this section. Refusal to allow an inspection may be grounds for revocation of the permit by the Commission.


Note: Authority cited: Sections 200, 202, 205, 220, 5061 and 6896, Fish and Game Code. Reference: Sections 200, 202, 205, 220, 5061 and 6896, Fish and Game Code.

s 50.00. Application and Location of Fishery Management Plan Regulations, and Designation of Weight in Pounds.
(a) Unless specified otherwise in a fishery management plan, or regulations adopted to implement a fishery management plan, the provisions of Article 1, Chapter 5.5, of Subdivision 1 apply to a fishery management plan (FMP) adopted by the Fish and Game Commission under authority of the Marine Life Management Act (MLMA) and other applicable state and federal laws and regulations.
(b) A regulation implementing a fishery management plan that is applicable to both sport and commercial fisheries is found in this Chapter. A fishery management plan regulation that is specific to ocean sport fishing is found with ocean sportfishing regulations in Chapter 4 of Subdivision 1, beginning with Section 27.00. A fishery management plan regulation specific to commercial fishing is found with commercial fishing regulations in Chapter 6 of Subdivision 1 beginning with Section 100.
(c) The presentation of fisheries and population data will be made using weight in pounds as the standard, unless designated otherwise in regulations adopted specific to a fishery management plan.


Note: Authority cited: Section 7071, Fish and Game Code. Reference: Sections 7071 and 7075, Fish and Game Code.

s 50.01. Definitions.
Definitions contained in Chapter 1 of Subdivision 1, Division 1, Title 14, CCR, and Chapters 1 and 2 of Division 0.5 of the Fish and Game Code, apply to fishery management plans adopted under this Chapter in addition to, and where not in conflict with, the definitions of this section or definitions specific to an FMP.
(a)Allowable Biological Catch (ABC) means the allowable catch, or the range of allowable catch for a species or species group, which is set each year by the Commission based on recommendations by the Department or other scientific advisors.
(b)Allocation means apportioning a harvest guideline, quota, or optimum yield between or among segments of the fishery.
(c)Bait net means a lampara or roundhaul type net, the mesh of which is constructed of twine not exceeding Standard No. 9 medium cotton seine twine or synthetic twine of equivalent size or strength. Except for drum seines and other round haul nets authorized under a permit issued by the department pursuant to Fish and Game Code Section 8780, the nets may not have rings along the lead line or any method of pursing the bottom of the net.
(d)Commission means the California Fish and Game Commission.
(e)Department means the California Department of Fish and Game.
(f)Director means the Director of the Department of Fish and Game.
(g)Executive Director means the Executive Director of the Fish and Game Commission.
(h)FMP means Fishery Management Plan.
(i)FMP Framework/Framework structure means the structure and process described in the FMP that provides for the application and adjustment of management measures pursuant to section 50.03 within the scope and criteria of the FMP and implementing regulations, without the need to annually amend the FMP.
(j)Harvest Control Rules means options for management that describe the amount and type of harvesting that may be applied to a stock or stocks.
(k)Harvest guideline means a specified numerical harvest objective that, when attained or expected to be attained, does not require closure of a fishery.
(l)Management action means an action taken by the commission or department to implement management measures.
(m)Management measure means a specification or measure used to manage and regulate fishing for a stock under an FMP and may include, but is not limited to, resource allocation, harvest control rules, quotas, licenses and permits, season, size, gear, bag, and landing limitations, fishery monitoring and reporting requirements, regulation of bycatch, and enforcement measures.
(n)Maximum sustainable yield or MSY means maximum sustainable yield as defined in Fish and Game Code Section 96.5 or a substitute for MSY (MSY proxy).
(o)Optimum yield or OY means optimum yield as defined in Fish and Game Code Section 97 or a substitute for OY.(OY proxy).
(p)Permit year means the period from April 1 through March 31.
(q)Quota means a specified numerical harvest objective for the attainment (or expected attainment) of which may cause closure of the fishery.
(r)Round weight means the weight of fish in a whole condition at the time it is caught prior to being cleaned or dressed.
(s)Round-weight equivalent means the weight of fish in a cleaned or dressed condition adjusted by a factor to approximate round weight.
(t)Routine management measure means a management measure that is likely to be adjusted on a biennial, annual or more frequent basis and is categorized as routine in the plan following an analysis of the need for the measure, its impacts, and the rationale for its use.
(u)Socioeconomic process means a process authorizing the commission to apply or adjust management measures pursuant to section 50.03 for a species annually or in season based on social or economic factors following preparation of a report including proposed management measures, a description of alternatives considered, and an analysis that addresses five criteria including how the action will accomplish at least one of 15 listed benefits to the fishery.
(v)Specification means a numerical or descriptive designation of a management objective, including but not limited to: Allowable Biological Catch (ABC); harvest guideline; quota; allocation; or an allocation for a segment of the fishery or area, gear, season, fishery, or other subdivision.
(w)Stock means any species, species complex, population, or subpopulation that is actively managed within a geographic area.
(x)Weight means the weight is in pounds and round weight or round-weight equivalent, unless designated otherwise in regulations adopted specific to a fishery management plan. Where round weight is converted to number of fish, a conversion factor shall be based on the most current information readily available to the department.


Note: Authority cited: Section 7071, Fish and Game Code. Reference: Section 7071, 7075 and 7083, Fish and Game Code.

s 50.02. Plan Amendment.
(a) The following actions shall first require amendment of a Fishery Management Plan (FMP):
(1) change to a management objective;
(2) change of species in the management plan;
(3) change in the definition of an overfished stock as defined in the FMP;
(4) amendment to any procedure required by the FMP; and
(5) revision to any management measure which is fixed in the FMP.


Note: Authority cited: Sections 7071 and 7075, Fish and Game Code. Reference: Sections 7071, 7075, 7078, 7086 and 7087, Fish and Game Code.

s 50.03. Framework Review Processes.
(a) Two processes for taking management action are available to implement routine annual changes in management of fish stocks and fisheries within the Framework Review Process.
(1)Rulemaking Action: The commission may conduct a rulemaking action pursuant to the Administrative Procedure Act including holding at least two or more commission meetings to hear, consider and approve measures affecting any aspect of management and fisheries, including direct allocation of a catch quota or an optimum yield, with adoption of regulations reflecting the commission's action.
(2)Prescribed action: A prescribed action is ministerial and may include a fishing season or gear closure when a harvest quota has been achieved or include other actions to meet sustainable management goals when the prescribed action is nondiscretionary and specifically provided for in existing regulation such that no further rulemaking under Subsection (a)(1) is required.
(b) Nothing in this section precludes the Director from exercising authority to take emergency action pursuant to Fish and Game Code Section 7710, or of the commission to take emergency regulatory action under Section 11346.1 of the Government Code, or under Section 240 of the Fish and Game Code.


Note: Authority cited: Section 7071, Fish and Game Code. Reference: Sections 7071, 7075, 7082 and 7083, Fish and Game Code.

s 51.00. Purpose and Scope.
(a) This Article implements the White Seabass Fishery Management Plan (WSFMP or plan), as adopted and amended by the California Fish and Game Commission consistent with the goals, objectives and procedures of the WSFMP and the Marine Life Management Act of 1998. These regulations, in combination with other applicable provisions of the Fish and Game Code and Title 14, CCR, govern management and regulation of white seabass stocks and fisheries.
(b) A regulation implementing this fishery management plan that is applicable to both sport and commercial fisheries is found in this Chapter. A fishery management plan regulation that is specific to ocean sport fishing is found with ocean sportfishing regulations in Chapter 4 of Subdivision 1, beginning with Section 27.00. A fishery management plan regulation specific to commercial fishing is found with commercial fishing regulations in Chapter 6 of Subdivision 1 beginning with Section 155.


Note: Authority cited: Section 7071, Fish and Game Code. Reference: Sections 7070, 7071 and 7075, Fish and Game Code.

s 52.00. Purpose and Scope.
(a) This Article implements the Nearshore Fishery Management Plan (Nearshore FMP or plan), as adopted by the California Fish and Game Commission (Commission) consistent with the goals, objectives and procedures of the Nearshore FMP and the Marine Life Management Act of 1998, and applicable federal groundfish regulations. These regulations, in combination with other applicable provisions of the Fish and Game Code, Title 14, California Code of Regulations (CCR), and federal groundfish regulations, govern management and regulation of nearshore fish stocks and fisheries.
(b) Regulations adopted by the commission specific to sport fishing for nearshore fish stocks are included with ocean sport fishing regulations in Chapter 4, beginning with Section 27.00, Title 14, CCR. A regulation specific to commercial fishing for nearshore fish stocks is included with commercial fishing regulations in Chapter 6, beginning with Section 150, Title 14, CCR.


Note: Authority cited: Sections 7071 and 8587.1, Fish and Game Code. Reference: Sections 7070, 7071, 7075, 7078, 7083 and 8587.1, Fish and Game Code.

s 52.01. Definitions.
(a) Definitions fornearshore fish stocks, nearshore fisheries, andnearshore waters are included in Section 1.90, Title 14, CCR.
(b)Allocation means assignment of an amount of catch to different sectors of a fishery.
(c)Cape Mendocino for purposes of describing the boundary of fishery management areas means a point on the mainland shore at 40 degrees 10 minutes north latitude.
(d)Council means Pacific Fishery Management Council [see subdivision (k) below].
(e)Fishery Control Rule means specified approaches to determining the amount and type of catch allowed in a fishery.
(f)National Marine Fisheries Service or NMFS means the National Marine Fisheries Service in the United States Department of Commerce.
(g)Nearshore Fishery Management Plan (Nearshore FMP) means sections 1 and 2 of the Nearshore Fishery Management Plan approved by the Commission on August 29, 2002, hereby incorporated by reference except for the "notice actions" process described in section 1, page 1-14.
(h)Nearshore Rockfish means black rockfish (Sebastes melanops), black-and-yellow rockfish (Sebastes chrysomelas), blue rockfish (Sebastes mystinus), brown rockfish (Sebastes auriculatus), calico rockfish (Sebastes dallii), California scorpionfish (Scorpaena guttata), China rockfish (Sebastes nebulosus), copper rockfish (Sebastes caurinus), gopher rockfish (Sebastes carnatus), grass rockfish (Sebastes rastrelliger), kelp rockfish (Sebastes atrovirens), olive rockfish (Sebastes serranoides), quillback rockfish (Sebastes maliger), treefish (Sebastes serriceps).
(i)Overfishedis defined at Section 97.5 of the Fish and Game Code, and in the Nearshore FMP also means a population that falls below the threshold of 30% of the estimated unfished biomass.
(j)Overfishing is defined at Section 98 of the Fish and Game Code, and in the Nearshore FMP also means that the total catch of a nearshore fish population exceeds the Total Allowable Catch in any year or season.
(k)PFMC or Council means the Pacific Fishery Management Council established pursuant to the Magnuson-Stevens Fishery Conservation and Management Act.
(l)Quota means a specified numerical amount of landings (excluding discard mortality), the attainment (or expected attainment) of which may cause closure of the fishery.
(m)Total Allowable Catch or TAC means a specified numerical amount of catch (including discard mortality), the attainment (or expected attainment) of which may cause closure of the fishery. In Stage I of the Nearshore FMP Fishery Control Rule, TAC is equivalent to a proxy for Optimum Yield as adopted in state or federal regulations; In Stages II and III, TAC is equivalent to Optimum Yield as adopted in state or federal regulations.
(n)Unfished Biomass or Bunfished means an estimate of the biomass or population size that would exist if there had been no fishing in recent history (within several generations) of a fish population.
(o)Definitions contained in Chapter 1, and Article 1 of Chapter 5.5, of Subdivision 1, Division 1, Title 14, CCR, and Chapters 1 and 2 of Division 0.5 of the Fish and Game Code, apply to the nearshore fishery in addition to definitions of this section.


Note: Authority cited: Section 7071, Fish and Game Code. Reference: Sections 7071, 7075, 7078, 7083 and 7086, Fish and Game Code.

s 52.02. Process and Timing.
(a) Management of nearshore fish stocks will conform with the goals, objectives, criteria, procedures, and Fishery Control Rule guidelines of the Nearshore Fishery Management Plan, and other applicable state and federal laws and regulations.
(b) Monitoring and assessment of nearshore fisheries will be conducted annually, and, at a minimum, will include the collection and review of reported catches. The department will provide management recommendations to the commission annually, and in-season if a need is identified.
(c) The director may establish and appoint members to advisory committees, including regional advisory committees (RACs), to assist the department with development and review of fishery assessments, management options and proposals, and plan amendments.
(d) Management measures and actions may be developed, considered, adopted in compliance with the Administrative Procedure Act, and implemented at any time of year to achieve management plan goals and objectives, and may apply to any or all management areas, or portions of management areas at the discretion of the commission.


Note: Authority cited: Section 7071 and 7652, Fish and Game Code. Reference: Sections 7071, 7075, 7083 and 7652, Fish and Game Code.

s 52.03. Nearshore Fishery Management Plan (Nearshore FMP) Project.
(a) The Department's Recommended Proposed Project in the Nearshore FMP (Plan) involving a combination of Fishery Control Rules, Allocation, Regional Management, Marine Protected Areas (MPAs), Restricted Access, and other management measures described in the Nearshore FMP will be utilized in managing nearshore fisheries toward meeting goals and objectives of the Plan.
(b) A fishery management measure may be selected and inserted instead of, or in addition to, measures included in the adopted Nearshore FMP Project where specified in statute or regulation.


Note: Authority cited: Section 7071, Fish and Game Code. Reference: Sections 7071, 7075, 7082 and 7083, Fish and Game Code.

s 52.04. Regional Management.
Four regional management areas (consistent with the Nearshore FMP's Alternative 5 for Recommended Regional Management) exist off California as follows:
(1) North Coast Region: Nearshore waters between the California-Oregon border and a line extending due west true from a point on the mainland shore at 40 degrees 10 minutes north latitude near Cape Mendocino, Humboldt County,
(2) North-Central Coast Region: Nearshore waters between a line extending due west true from a point on the mainland shore at 40 degrees 10 minutes north latitude near Cape Mendocino, Humboldt County, and a line extending due west true from Point Ano Nuevo, San Mateo County,
(3) South-Central Coast Region: Nearshore waters between a line extending due west true from Ano Nuevo, San Mateo County, and a line extending due west true from Point Conception, Santa Barbara County,
(4) South Coast Region: Nearshore waters between a line extending due west true from Point Conception, Santa Barbara County, and the U.S.-Mexico border.


Note: Authority cited: Section 7071, Fish and Game Code. Reference: Sections 7071, 7075, 7082 and 7083, Fish and Game Code.

s 52.05. Allocation.
(a) Allocation of a Total Allowable Catch (TAC) of nearshore fish populations between recreational and commercial sectors will be consistent with the recommended Nearshore FMP allocation approach approved by the commission, and, with regulations of the Department of Commerce for nearshore groundfish (50 CFR, Part 660) until transfer of fishery management authority, or other Federal authorization for allocation by the state, is attained for these species.
(b) The commission will consider the following factors during a change in allocation:
(1) present versus historical participation in the fishery
(2) the economics of the fisheries
(3) local community impacts
(4) product quality and flow to the consumer
(5) gear conflicts
(6) non-consumptive uses
(7) fishing efficiency, and
(8) recreational versus commercial fishery factors.
(c) Allocation by the state of a commission authorized TAC for nearshore fish stock will be based on the use of historical fishery information applied regionally, with constituent involvement, and based on a careful review of recreational and commercial landings information, and adopted in compliance with the Administrative Procedure Act.
(d) Until regional management is phased-in, and regional fishery information required to implement the allocation methodology under subdivision (c) is available, allocation of state managed nearshore fish stocks will be based on the currently used ratio of recreational to commercial take for a species during the periods 1983 through 1989, and 1993 through 1999.


Note: Authority cited: Section 7071, Fish and Game Code. Reference: Sections 7071, 7075, 7082 and 7083, Fish and Game Code.

s 52.09. Take of Nearshore Rockfish, Fishery Closure.
(a) Total Allowable Catch (TAC). Until the state has management authority for a species or species group included in the Nearshore FMP, the TAC of a species or species group will not exceed the amount specified in the Federal Register for that species or species group.
(b) Mechanism for Fishery Closures. When the TAC for a species or species group included in the Nearshore FMP is exceeded or expected to be exceeded, the department may close the fishery at the time the TAC is reached or expected to be reached.
(c) The department shall give the public and the commission no less than 10 days notice of any recreational fishery closure pursuant to this Section via a department news release.
(d) The department shall give Nearshore Fishery Permit holders no less than 10 days notice of any commercial fishery closure pursuant to this Section via a notification letter sent to each permittee's address on file with the department. The department shall give the public and the commission no less than 10 days notice of any commercial fishery closure pursuant to this Section via a department news release.


Note: Authority cited: Section 200, 202, 205, 7071 and 8587.1, Fish and Game Code. Reference: Sections 97, 7056, 7071, 7075, 7082 and 7083, Fish and Game Code.

s 52.10. Take of Sheephead, Cabezon and Greenling.
(a) Total Allowable Catches (TACs) and Allocations. Based on total allowable catches specified for each calendar year, catch may not exceed the following amounts:
(1) California sheephead. The statewide allowable catch of sheephead is 205,500 pounds, allocated as follows:
(A) The commercial fishery is allocated 75,200 pounds.
(B) The recreational fishery is allocated 130,300 pounds.
(2) Cabezon. The total statewide allowable catch of cabezon is 152,100 pounds, allocated as follows:
(A) The commercial fishery is allocated 59,300 pounds.
(B) The recreational fishery is allocated 92,800 pounds.
(3) Greenlings of the genus Hexagrammos. The total statewide allowable catch of greenlings is 37,600 pounds, allocated as follows:
(A) The commercial fishery is allocated 3,400 pounds.
(B) The recreational fishery is allocated 34,200 pounds.
(b) Mechanism for Fishery Closures. The department will estimate from the current trends in catch and using the best available scientific information the time at which any commercial or recreational fishery allocation or total allowable catch for sheephead, cabezon, or greenlings specified in subsection (a) will be reached. The department will close the fishery at the time the allocation or total allowable catch is reached or is projected to be reached prior to the end of the calendar year.
(c) The department shall give the public and the commission no less than 10 days notice of any recreational fishery closure pursuant to this Section via a department news release.
(d) The department shall give holders of nearshore fishery permits no less than 10 days notice of any commercial fishery closure pursuant to this Section via a notification letter sent to the permittee's address on file with the department. The department shall give the public and the commission no less than 10 days notice of any commercial fishery closure pursuant to this Section via a department news release.


Note: Authority cited: Sections 200, 202, 205, 7071 and 8587.1, Fish and Game Code. Reference: Sections 97, 7056, 7071, 8585.5, 8587 and 8587.1, Fish and Game Code.

s 53.00. Purpose and Scope.
(a) This article implements the Market Squid Fishery Management Plan (Market Squid FMP) as adopted and amended by the California Fish and Game Commission (commission), consistent with the requirements of Part 1.7, commencing with Section 7050, and Article 9.7 of Chapter 2 of Part 3 of Division 6 of the Fish and Game Code (commencing with Section 8420). Regulations contained in Section 53.00 et seq. are consistent with the goals, objectives and procedures of the Market Squid FMP and applicable federal regulations for coastal pelagic species and the federal Coastal Pelagic Species Fishery Management Plan. These regulations, in combination with other applicable provisions of the Fish and Game Code, Title 14 of the California Code of Regulations, and federal regulations for coastal pelagic species, govern management and regulation of market squid stocks and fisheries.
(b) A regulation implementing this fishery management plan that is applicable to both sport and commercial fisheries is found in this Article. Regulations adopted by the commission specific to recreational take and use of market squid are included with ocean sport fishing regulations in Chapter 4, beginning with Section 27.00, Title 14, CCR. Regulations specific to commercial fishing for market squid are included in Chapter 6, beginning with Section 149, Title 14, CCR.
(c) Pursuant to Fish and Game Code Section 8429.7, Fish and Game Code sections 8420.5 to 8423.5, inclusive, and sections 8426 and 8427 are made inoperative.
(d) Pursuant to Fish and Game Code Section 7071, Fish and Game Code Section 7852.2 is made inoperative as it applies to squid fishery permits.


Note: Authority cited: Sections 7071, 7078, 8425 and 8429.7, Fish and Game Code. Reference: Sections 7070, 7071, 7075, 7078, 7083, 8420, 8425 and 8429.7, Fish and Game Code.

s 53.01. Definitions.
(a) Brail gear, dip nets or scoopnets means any net attached to a rigid frame operated by hand or mechanical device deployed from the vessel to scoop fish or invertebrates.
(b) Daily trip limitmeans a routine management measure which may be used to limit take of squid on a per-vessel basis within a calendar day.
(c) Drum seinemeans a purse seine net which is stored, deployed and retrieved with the aid of a mechanized drum (reel) mounted on the stern of the vessel.
(d) Egg escapementmeans the number or proportion of a female squid's lifetime supply of eggs that she is able to deposit, on average, before being taken in the fishery.
(e) Egg escapement methodmeans a management tool which may be used to determine whether the fleet is fishing above or below a predetermined sustainable level of exploitation. The method requires establishing a threshold value to ensure that an adequate number of eggs are deposited prior to harvest.
(f) Fishing year or fishing seasonunder the Market Squid FMP means the period April 1 though March 31.
(g) Fishery Control Rulesmeans specific management strategies such as seasonal catch limits, daily trip limits, area closures, time closures, and sustainable levels of egg escapement which provide for a sustainable market squid fishery.
(h) Fleet capacity goalmeans an optimal number of vessels where the number of vessels matches the available squid resource.
(i) Foragemeans the role of market squid in the food chain as a critical source of food for higher predators, including birds, fish and marine mammals.
(j) Lamparameans a rectangular net constructed with graduated mesh sizes, a definite bunt (bag), and fitted with floats. It is laid out by the fishing vessel in a circle and closed at least partially on the bottom by pulling the leadline in advance of the float line.
(k) Light boatmeans a vessel engaged in the commercial taking or attempting to take market squid which uses bright lights to aggregate squid for commercial purposes including live bait.
(l) Market squidmeans Loligo opalescens.
(m) Market Squid Fishery Management Plan (Market Squid FMP)means Chapters 1 through 5 of the Market Squid Fishery Management Plan approved by the Commission on August 27, 2004, hereby incorporated by reference.
(n) National Marine Fisheries Service, NMFS or NOAA Fisheriesmeans the federal fisheries management agency which is contained in the United States Department of Commerce.
(o) Overfishedis defined at Fish and Game Code Section 97.5, and in the Market Squid FMP also means a condition that may exist when either the egg escapement threshold is not met, or catches of squid exceed any specified allowable level.
(p) Overfishingis defined at Fish and Game Code Section 98, and in the Market Squid FMP also may mean that harvests of squid are occurring at times when either the egg escapement threshold is not being met, or catches are exceeding specified allowable levels. These catches may not be sustainable.
(q) PFMC or Councilmeans the Pacific Fishery Management Council established pursuant to the Magnuson-Stevens Fishery Conservation and Management Act.
(r) Point of concernmeans one or more of the following conditions affecting market squid that, if found or are expected to exist, may trigger the application or adjustment of one or more management measures by the commission:
(1) Catch is projected to significantly exceed the current seasonal catch limitation.
(2) Any adverse or significant change in the biological characteristics of the market squid (age composition, size composition, age at maturity, or recruitment) is discovered.
(3) An overfished condition exists or is imminent (defined as when the egg-escapement method threshold is not realized in two consecutive years).
(4) Any adverse or significant change in the availability of market squid as forage or in the status of a dependent species is discovered.
(5) An error in data or a change to an indicator of stock status is detected that requires adjustment to fishery control rules to ensure sustainable resource management.
(s) Points of concern processmeans a process authorizing the commission to apply or adjust fishery management measures at any time during the year based on the confirmation of the existence of one or more resource-based points of concern identified in a fishery management plan pursuant subsection 50.03(a), Title 14, CCR.
(t) Purse seinemeans a rectangular net constructed with uniform mesh sizes, without a prominent bunt (bag), and fitted with floats. It is laid out with the end attached to a skiff while the deploying vessel encircles the squid. The end of the net is then brought up to the deploying vessel and is closed on the bottom by pulling a purse line (draw string) threaded through rings along the leadline, preventing the catch from escaping.
(u) Round haul vesselsmean those that employ the use of lampara, purse seine, and drum seine net gear to commercially harvest squid.
(v) Seasonal catch limitationmeans an amount of allowable catch which may be taken within a designated geographic area in a fishing season, specified in short tons and excluding discard mortality. The attainment (or expected attainment) of this limit will cause closure of the directed commercial fishery as specified in regulation.
(w) Tonsmeans short tons, and is the standard unit of weight for purposes of describing catches and limits for the market squid fishery, notwithstanding subsection 50.00(c), Title 14, CCR.
(x) Vessel capacitymeans the gross registered tonnage, as listed on a federal Coastal Pelagic Species permit or calculated from length, breadth and depth measurements provided on United States Coast Guard documentation papers.
(y) Weekend closuresmean a routine management measure which may be used to prohibit take of market squid during certain days of a week.
(z) Definitions contained in Chapter 1, and Article 1 of Chapter 5.5, of Subdivision 1, Division 1, Title 14, CCR, and Chapters 1 and 2 of Division 0.5 of the Fish and Game Code apply to the market squid fishery in addition to definitions of this Section.


Note: Authority cited: Section 7071, 7078 and 8425, Fish and Game Code. Reference: Sections 7071, 7075, 7078, 7083, 7086, 8420 and 8425, Fish and Game Code.

s 53.02. Process and Timing.
(a) Management of market squid stocks will conform to the goals, objectives, criteria, procedures, and Fishery Control Rule guidelines of the Market Squid FMP, and other applicable state and federal laws and regulations.
(b) Periodic monitoring and assessment of squid fisheries will be conducted, and, at a minimum, will include the collection and review of reported catches. The department will provide management recommendations to the commission as needed, and in-season if a need is identified.
(c) The director may establish and appoint members to an advisory committee to assist the department with development and review of fishery assessments, management options and proposals, and plan amendments.
(d) Management measures and actions may be developed, considered, and adopted in compliance with the Administrative Procedure Act and implemented at any time of year to achieve management plan goals and objectives, and may apply to any or all management areas, or portions of management areas at the discretion of the commission.


Note: Authority cited: Section 7071, 7078 and 8425, Fish and Game Code. Reference: Sections 7071, 7075, 7083, 7652, 8420 and 8425, Fish and Game Code.

s 53.03. Market Squid Fishery Management Plan (Market Squid FMP) Project.
(a) The Department's Recommended Proposed Project in the Market Squid FMP involves a combination of limitations on total harvest, regulation on the use of squid fishing gear (including lights), use of time closures to allow for periods of uninterrupted spawning, restricted access and other limits on the commercial fleet capacity, mechanisms to allow for adequate squid escapement, and area closures designed to minimize impact to sensitive non-target species and habitat. These management measures described in the Market Squid FMP will be utilized in managing the squid fishery toward meeting goals and objectives of the Market Squid FMP.
(b) Other management measures as described in the Market Squid FMP, including but not limited to vessel trip limits, squid replenishment areas, seasonal closures, and marine protected areas may be used as needed to achieve the goals and objectives of the Market Squid FMP.
(c) A fishery management measure may be adopted by the commission instead of, or in addition to, measures included in the adopted Market Squid FMP Project where specified in statute or state or federal regulation.


Note: Authority cited: Section 7071, 7078 and 8425, Fish and Game Code. Reference: Sections 7071, 7075, 7082, 7083, 8420 and 8425, Fish and Game Code.

s 100. Abalone.
Abalone may not be taken for commercial purposes.


Note: Authority cited: Sections 5521 and 5521.5, Fish and Game Code. Reference: Sections 5520, 5521, 5521.5 and 5522, Fish and Game Code.

s 101. Possession of Sliced Abalone During Closed Season.


s 102. Abalone Processors Permit.


Note: Authority cited: Sections 7701, 7708, 8040, 8305.9, 8306.3, and 8306.8, Fish and Game Code. Reference: Sections 7700-7710.5 and 8300-8309, Fish and Game Code.

s 103. Common Names for Market Fish.
(a) The following common names may be used as alternates for designated names:
(1) Pacific red snapper:
Sebastes entomelas (widow rockfish)
Sebastes flavidus (yellowtail rockfish)
Sebastes goodei (chilipepper)
Sebastes jordani (shorbelly rockfish)
Sebastes levis (cowcod)
Sebastes melanops (black rockfish)
Sebastes miniatus (vermillion rockfish)
Sebastes ovalis (speckled rockfish)
Sebastes paucispinnis (bocaccio)
Sebastes pinniger (canary rockfish)
Sebastes ruberrimus (yelloweye rockfish)
Sebastes rufus (bank rockfish)
Sebastes serranoides (olive rockfish)
(2) Butterfish:
Anoplopoma fimbria (sablefish)
(b) The following common names may be used in lieu of the scientific name:
(1) Pacific ocean shrimp:
Pandalus jordani (shrimp)
(2) Dungeness crab:
Cancer Magister (crab)
(3) Pacific whiting:
Merluccius productus (Pacific hake)


Note: Authority cite: Section 8023, Fish and Game Code. Reference: Section 8023, Fish and Game Code.

s 104. White Croaker Closure.
It is unlawful to take white croaker under a commercial fishing license issued pursuant to section 7850 of the Fish and Game Code, in waters from 0 to 3 nautical miles from shore extending oceanward between a line extending 312 degrees magnetic from Point Vicente in Los Angeles County, and a line extending 166 degrees magnetic from Point Fermin in Los Angeles County. Pursuant to section 7715 of the Fish and Game Code, the provisions of this section shall become inoperative when the Director of the Department of Health Services determines that a health risk no longer exists and the Director of the Department of Fish and Game has been so notified. The Department shall fully notify the public of the reopening of these waters.


Note: Authority cited: Section 7715, Fish and Game Code. Reference: Section 7715, Fish and Game Code.

s 104.1. Central California Gillnet Fishery Closure.
Except as provided in Fish and Game Code Section 8664.5(f), at no time may gill or trammel nets be used in ocean waters which are 60 fathoms or less in depth at mean lower low water, in the area between a line extending 261 << degrees>true (245 <> magnetic) from the most westerly point of the west point of the Point Reyes headlands in Marin County to a line extending due west (270 <> true; 245 <> magnetic) from Point Arguello, Santa Barbara County.


Note: Authority cited: Section 702, Fish and Game Code. Reference: Sections 8664.5 and 8664.7, Fish and Game Code.

s 105. Importation and Sale of Kelp Bass, Sand Bass, and Spotted Bass.
Dead kelp bass, sand bass, and spotted bass, all of the genus Paralabrax, may be imported into this State for sale under the following regulations:
(a) If imported overland, all of the species mentioned above shall be tagged with metallic tags inscribed "California Department of Fish and Game" before entering this State.
(b) If imported by sea, all of the species mentioned above shall be tagged with metallic tags inscribed "California Department of Fish and Game" at the first point of landing in this State. Tags will not be furnished unless the request for tags is accompanied by a copy of the ship's entry papers and a certified copy of the fishing permit of the country of origin. The department reserves the right to refuse the issuance of tags if sufficient proof is not given to show that said species of fish were taken south of the international boundary between the United States and Mexico.
(c) All tags shall be furnished by the Department of Fish and Game at cost; however, a $10 administrative fee shall be charged for each order.


Note: Authority cited: Section 8372, Fish and Game Code. Reference: Sections 2345 and 8372, Fish and Game Code.

s 105.1. Permits to Land California Caught Fish at Points Outside of California.
The department may issue revocable permits to land fish caught from the waters of the Pacific Ocean within California at a point or place other than within this state under the following conditions:
(a) Applications and a $15.00 application fee shall be submitted to the department. The applicant shall provide the following information.
(1) Name and address of operator of boat.
(2) Name and address of owner of boat.
(3) Name of boat.
(4) Fish and Game boat registration number.
(5) Custom house or CF number.
(6) Commercial fishing license number.
(7) Species of fish to be taken.
(8) Type of gear to be used.
(b) All permits shall be for the period April 1 through March 31, except that when applications are received after April 1, they will run from date of application through March 31.
(c) This permit may be suspended temporarily by the Director for a breach or violation of the terms of the permit by the holders thereof, their agents, servants, employees or any person acting under their direction and control. 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.
Any person who has had his permit revoked or suspended by the commission may be required, upon application for a new or subsequent permit, to appear before the commission and demonstrate to its satisfaction that his use of such permit will be in the public interest.
(d) The permit shall contain a statement signed by the applicant that he has read, understands and agrees to be bound by all the terms of the permit.


Note: Authority cited: Section 7891, Fish and Game Code. Reference: Section 7891, Fish and Game Code.

s 105.5. Cooperation with State and Federal Fishery Observers.
(a) Owners or operators of commercial fishing vessels permitted under regulations of the Commission, and commercial passenger fishing vessels licensed pursuant to Fish and Game Code Section 7920, will, as a condition of permit or license issuance, cooperate with Department or Federal fishery observers, or observers collecting data for the Department, when asked to carry and accommodate an observer on fishing trips at no charge to the sponsoring agency.
(b) If observer coverage of a trip is denied by the owner or operator of a vessel, the Department may require an explanation in writing from the owner or operator. This explanation shall be received by the Department within 15 days of written request by the Department for an explanation.
(c) The Department may request revocation of fishing permits or licenses to the Commission for denials that it deems to be uncooperative in nature, after first allowing the owner or operator to meet with the Manager of Marine Region, or his representative, to provide an explanation for the denial.
(d) The Department or Federal agency requesting cooperation under subsection (a) shall not require the vessel operator or owner to provide an observer with meals or a subsistence allowance on observed fishing trips, but shall accommodate the observer with regard to reasonable eating and working conditions and access to pertinent fishing information and fishery data while aboard the vessel.
(e) Failure to provide reasonable eating and working conditions or access to pertinent fishing information or fishery data to observers, or actions taken by a vessel owner or operator against an observer that is prohibited pursuant to subsection (f), on observed fishing trips may lead to revocation of the vessel's fishing permits or licenses issued under regulations of the Commission following the procedure outlined in subsections (b) and (c) above.
(f) To ensure that observer objectives may be reasonably and safely achieved, consistent with federal groundfish observer rules, it is unlawful for any person to do any of the following:
(1) forcibly assault, resist, oppose, impede, intimidate, sexually harass, bribe, or interfere with an observer,
(2) interfere with or bias the sampling procedure employed by an observer, including physical, mechanical, or other sorting or discarding of any catch before sampling,
(3) tamper with, destroy or discard an observer's collected samples, equipment, or personal gear, without the express consent of the observer,
(4) prohibit or bar by command, impediment, threat, coercion, or refusal of reasonable assistance, an observer collecting samples, making observations, or otherwise performing the observers duties,
(5) harass an observer by conduct that has sexual connotations, has the purpose or effect of interfering with the observer's work performance, or otherwise creates an intimidating, hostile or offensive environment,
(6) require, pressure, coerce, or threaten an observer to perform duties normally performed by crew members.


Note: Authority cited: Sections 1006, 7071, 7652, 7923, 8405.3 and 8591, Fish and Game Code. Reference: Sections 7055, 7056, 7058, 7071, 7923 and 8587, Fish and Game Code.

s 106. Permits to Commercially Take Shark and Swordfish Using Drift Gill Nets.
(a) Permit Required.
(1) The owner or operator of a vessel using drift gill nets to take shark and swordfish pursuant to sections 8561-8570 of the Fish and Game Code shall have obtained a valid drift gill net shark and swordfish permit and shall be in possession of said permit when engaged in such activities.
(2) To Whom Issued. The department shall issue permits to the owner or operator of a currently registered vessel who has qualified for said permit pursuant to sections 8561-8570 of the Fish and Game Code. The applicant, if the holder of an expired drift gill net shark and swordfish permit, shall have complied with subsection (e) dealing with records during the preceding year.
(3) Where Issued. Permits will be issued at department offices in Long Beach and San Diego.
(4) Permit Review.
(A) The department shall inform the applicant, in writing, that the application is complete and accepted for filing, or that the application is deficient and what specific information is required within 10 business days of receipt of a permit application.
(B) The department shall inform the applicant, in writing, of a permit decision within 15 business days of receipt of a completed permit application.
(b) Limitations of Permit. Permits are nontransferable. Not more than one permit shall be issued to any person. Except as provided in section 8564 of the Fish and Game Code, no permit shall be valid for more than one vessel at one time.
(c) Duration of Permit. Except as otherwise provided, permits issued pursuant to these regulations shall be in force from the date of issuance through March 31, 1984. Permits issued on an annual basis after March 31, 1984 shall be in force from April 1 to March 31 of the following year or, if issued after the beginning of that term, for the remainder thereof.
(d) Cost of Permit. See section 8567 of the Fish and Game Code.
(e) Records. Pursuant to section 190 of these regulations, each permittee shall complete and submit an accurate record of all gill net fishing activities on a form (Gill and Trammel Net Log, DFG 174 (10/89), see Appendix A) provided by the department.
(f) Notification Procedure. The department shall notify permittees if the director, pursuant to section 8577 of the Fish and Game Code, closes the drift gill net shark and swordfish fishery or any area where the fishery is conducted. The department shall notify a permittee if his permit is suspended pursuant to section 8576 of Fish and Game Code. In either case, the department shall notify permittees by certified mail and by public announcement on VHF/Channel 16 between 0800 hours and 1000 hours during normal business days. Radio transmissions shall commence 48 hours prior to the effective date of a closure or permit suspension and shall continue for 24 hours after the effective date of such action. It shall be the responsibility of the permittee to daily monitor the named radio channel during the specified hours.
(g) A permittee may have any person serve in his place on the permittee's vessel and engage in fishing under his drift gill net shark and swordfish permit for not more than 15 calendar days in any one year, except as otherwise provided in section 8563(b) of the Fish and Game Code. A permittee shall notify the department's Long Beach office of such a substitution by certified letter or telegram to be received at the Long Beach office during normal business hours at least 24 hours prior to the commencement of the trip. Any notice sent in this regard shall include, but is not limited to:
(1) Name of the vessel;
(2) Name and commercial fishing license number of the substitute;
(3) Departure date and port for the trip;
(4) Termination date and port for the trip.
Conviction of a substitute permittee for a willful violation of any provision of Article 16 (commencing with section 8560) of chapter 2 or article 1 (commencing with section 8601), or article 5 (commencing with section 8680) of chapter 3, part 3, division 6 of the Fish and Game Code or any regulation adopted pursuant thereto, while operating under the substitute permit, shall be cause to revoke or suspend the permit issued pursuant to sections 8560-8583 of the Fish and Game Code.
(h) Conditions of Permit. Permit holders, their agents, servants, employees or those acting under their direction or control, shall comply with all applicable provisions of the Fish and Game Code relating to commercial fish and any regulations adopted pursuant thereto.
(i) Revocation of Permits. Any permit may be revoked or suspended by the commission, when requested by the department, upon a conviction for a willful violation of any provision of article 16 (commencing with section 8560) of chapter 2 or article 1 (commencing with section 8601) or article 5 (commencing with section 8680) of chapter 3, part 3, division 6 of the Fish and Game Code, or violation of any condition of the permit by the permittee or the permittee's agent, servant, employee or person acting under the permittee's direction or control. (continued)