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Note: Authority cited: Sections 1050, 8394, 8561, 8577 and 8578, Fish and Game Code. Reference: Sections 8561-8570, Fish and Game Code.

s 107. Broadbill Swordfish.
(a) Permit Required.
(1) The owner or operator of a vessel taking broadbill swordfish for commercial purposes shall have obtained a valid swordfish permit and shall be in possession of said permit when engaged in such activities.
(2) To Whom Issued. The department shall issue a permit to the owner or operator of a currently registered vessel. The applicant, if the holder of an expired swordfish permit, shall have complied with subsection 107(e) dealing with records during the preceding year, or during the last year such applicant held a permit, in order to be eligible for a permit.
(b) Limitations of Permit. Not more than one permit shall be issued to any operator. Permits shall not be assigned or transferred from person to person unless so authorized by the department.
(c) 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.
(d) Vessel Identification. Permittees vessel shall display its assigned permit number in 10 " high x 2 ". wide black Roman alphabet letters and Arabic numerals. Figures shall be black on a white background on both sides of the superstructure of the vessel. Numbers shall be displayed at all times while operating under a swordfish permit.
(e) Records. Pursuant to Section 190 of these regulations, each permittee shall complete and submit an accurate record of all swordfishing activities on a form (Swordfish Harpoon Log, DFG 107 (10/89) see Appendix A) provided by the department.
(f) 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.
(g) Cost of Permit. See section 8394.5 of the Fish and Game Code.
(h) Methods of Take.
(1) Swordfish may be taken only with hand-held hook and line or handthrusted harpoon.
(2) Aircraft may be used to directly assist a permittee or any person in the taking of any species of fish while operating under a swordfish permit.
Only aircraft with current FAA registration which are registered with the department pursuant to Section 7881, Fish and Game Code, and aircraft pilots licensed pursuant to Section 7850, Fish and Game Code, may conduct flights for permittees. Such aircraft shall display the letters "SW" on the underside of each wing in block Roman alphabet at least 24 inches high x 3 inches wide, black in color and on a white background.
(i) Notification Procedure. The department shall notify permittees if the director, pursuant to section 8577 of the Fish and Game Code, closes the swordfish harpoon fishery or any area where the fishery is conducted. 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 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.
(j) Revocation of Permits. Any permit may be revoked and canceled by the commission upon breach or violation of any fish and game law or regulation or violation of the terms or conditions of the permit by the holders thereof, their agents, servants, employees or those acting under their direction and control.


Note: Authority cited: Sections 1050, 7881 and 8394, Fish and Game Code. Reference: Sections 1050, 7881, 8394.5 and 8577, Fish and Game Code.

s 107.1. Possession of Gill Nets by Swordfish Permittees.
(a) Except as provided in subsection (b), any person operating under the authority of a swordfish permit as specified in Section 107 of these regulations may not possess a gill net aboard a swordfish permit vessel, except that set gill nets may be possessed, provided that the intent to use such gear has been declared on the application for a swordfish permit.
(b) Drift gill nets may be possessed onboard a swordfish permit vessel and used by a swordfish permittee who also possesses a valid permit which authorizes the use of a drift gill net to take swordfish.


Note: Authority cited: Section 8394, Fish and Game Code. Reference: Section 894, Fish and Game Code.

s 107.5. Incidental Take of Swordfish by Gill Nets.


Note: Authority cited: Section 8394, Fish and Game Code. Reference: Section 8394 and 8566, Fish and Game Code.

s 108. Yellowfin Tuna.


Note: Authority cited: Section 313, Fish and Game Code. Reference: Section 313, Fish and Game Code.

s 109. Importation of Yellowtail and Barracuda from Mexico.
No person, firm, or corporation shall deliver, accept, or unload any yellowtail or, barracuda, from any vessel carrying a purse seine or round haul net until the Department of Fish and Game Patrol office nearest the point of delivery shall have issued a written inspection clearance to the master or operator of such vessel, or his agent, permitting said delivery. Such clearances shall be on such forms as the Department of Fish and Game shall prescribe. Such clearances shall be issued upon presentation of evidence satisfactory to the Department of Fish and Game of the fact that such fish was taken south of the International Boundary Line between the United States and Mexico.


Note: Authority cited: Section 2362, Fish and Game Code. Reference: Section 2362, Fish and Game Code.

s 110. Pismo Clams Imported into California.
Persons bringing pismo clams into the State at any time that such clams are legal to import under the provisions of section 2369 of the Fish and Game Code shall comply with the following regulations:
(a) Pismo clams taken outside of this State must not be brought into, nor possessed within, any district during the closed season for pismo clams in said district.
(b) The commission shall require the following information on each importation of pismo clams:
State of California

Department of Fish and Game

RECORD OF ENTRY OF PISMO CLAMS INTO THE

STATE OF CALIFORNIA

(Section 2369, Fish and Game Code)

Three copies made at point of entry, before a justice of the peace, notary public, or a fish and game warden or representative or federal custom immigration agent at border. One copy to remain with the shipment while it is in transit, one copy left on file with the person before whom the record is made, and one copy sent immediately to the nearest Department of Fish and Game office along with a $10 processing fee.
(c) Pismo clams imported from south of the international boundary between the United States and Mexico to be used for any purpose after delivery to the point of destination in this State shall be distributed for consumer use in containers holding not more than five pounds of pismo clam meat.
If pismo clams for consumer use are to be delivered in the shell, such container shall hold not more than 24 clams in shell.
All containers shall be marked to indicate country of origin.
The cost of such marking and certification shall be paid by the importer.


Note: Authority cited: Section 2369, Fish and Game Code. Reference: Section 2369, Fish and Game Code.

s 112. Surfperch.
Surfperch of the family Embiotocidae may be taken, transported, possessed and sold for commercial purposes pursuant to the following conditions:
(a) Notwithstanding the surfperch fishing season as specified in Fish and Game Code subsection 8395(b), surfperch of the family Embiotocidae may only be taken between August 1st and April 30th, except shiner surfperch (Cymatogaster aggregata), which may be taken, sold, or purchased at any time. Notwithstanding the authorized sale and purchase dates specified in 8395(b), surfperch may be sold or purchased only between August 1st and May 10th.
(b) Surfperch of the familyEmbiotocidaeof the following species: barred surfperch; redtailed surfperch; and calico surfperch, taken during the open season north of a line drawn east and west through Point Arguello may be shipped south of said line and sold or purchased subject to the following regulations:
(1) All such fish shall be individually tagged by the permanent attachment of tags inscribed "California Department of Fish and Game-Surfperch" before shipment south of said line. Possession of such fish south of said line without attached prescribed tags is unlawful for commercial purposes.
(2) Tagging shall be conducted only by licensed wholesale fish dealers, their agents, or employees designated by the department. Said designated dealers are defined as those signing receipts for tags delivered to their place of business by department employees at cost. Designated dealers shall be required to produce official receipts for all said species of surfperch in quantities consistent with and corresponding to the number of tags requested.
(3) It shall be unlawful to transfer, transport or possess unused tags at any location other than the designated dealer's licensed place of business.
(4) The possession of unused surfperch tags, or any surfperch tags not attached to surfperch is unlawful in any place where fish are sold south of said line.
(5) A fee of $10 for each tag order shall be paid to the department to cover administrative costs.


Note: Authority cited: Section 8395, Fish and Game Code. Reference: Section 8395, Fish and Game Code.

s 115. Mussels.
California sea mussels ( Mytilus californianus) may only be taken in adherence with the provisions of Section 123 and under the following conditions:
(a) The harvester must be a licensed commercial fisherman.
(b) Limits:
(1) In Districts 19, 19A, 19B, and 21, the daily bag limit is 250 pounds in the shell where:
1 pound shucked meat is equivalent to 3.8 pounds in shell; and
1 gallon shucked meat is equivalent to 30 pounds in the shell.
(2) In the remainder of the state there is no bag limit.


Note: Authority cited: Section 8344, Fish and Game Code. Reference: Section 8344, Fish and Game Code.

s 116. Crayfish.
Freshwater crayfish may not be taken for commercial purposes except in accordance with the following regulations:
(a) Licenses and Permits Required.
(1) Crayfish may not be taken for commercial purposes except under a revocable, nontransferable, numbered permit issued by the department. See subsection 699(b) of these regulations for the fee for this permit. (NOTE: This fee shall be charged effective April 1, 1992.) Persons taking crayfish for a fee under the authority of a scientific collector's permit do not need to have this permit.
(2) Except for those taking crayfish for a fee under the authority of a scientific collector's permit, every person who takes, assists in taking, possesses or transports crayfish while on any boat or vessel, or who uses or operates or assists in using or operating any boat, trap, or other appliance to take crayfish, must have a valid crayfish permit issued to him and must be in possession of said permit while engaged in any of such activities.
(3) Crayfish may not be taken for commercial purposes for human consumption except under the authority of a commercial fishing license. Commercial fishermen taking crayfish shall also comply with requirements of the Fish and Game Code relating to commercial fishing vessel registration and other applicable commercial laws.
(4) Crayfish may not be taken as live bait for commercial purposes except under the authority of a live freshwater bait fish license.
(5) Crayfish permits shall contain all applicable regulations and shall be conditioned on compliance with such regulations and the applicable provisions of law.
(6) The application for such a permit shall contain the statement, signed by the applicant, that he has read, understands, and agrees to be bound by all the terms of the permit.
(7) Such permits shall be issued annually by the department for the period from April 1 to March 31 of the following year, or, if issued after the beginning of such term, for the remainder thereof. A crayfish permit may be revoked or suspended, for a period not to exceed one year, by the commission for violation of any of the terms of the permit or provisions of law relating to the taking of crayfish by the permittee or his agent, servant, employee, or person acting under his direction and control. However, any person who has had such a permit revoked may be required by the commission to appear before it and no new permit may be issued to such person unless the commission finds that such issuance will be in the best interests of the crayfish resource.
(8) The permit number of the person owning or in command of any boat used to take crayfish shall be visibly displayed on both sides of the boat in 10-inch black numbers, one-inch wide, on a white background.
(b) Records. The department may require persons taking crayfish for commercial purposes to keep an accurate, complete record of daily fishing operations on forms provided by the department. If so required, the original copy of the completed forms, recording one month's fishing activity, shall be mailed to the department by the fifth day of the following month.
(c) Fishing Area and Season.
(1) Area: Crayfish may be taken for commercial purposes only in the following counties or portions thereof except that no crayfish shall be taken in any lake or reservoir within the county:
(A) Tehama, Glenn, Butte, Colusa, Sutter, Yuba, Yolo, Sacramento, Solano, Contra Costa, San Joaquin, Stanislaus, Merced, Kings, Santa Barbara, Ventura, Los Angeles, Orange, San Bernardino, Riverside, San Diego and Imperial counties.
(B) Nevada, Placer, El Dorado, Amador, Calaveras, Tuolumne and Mariposa counties west of Highway 49.
(C) Madera, Fresno, Tulare and Kern counties west of the westerly boundaries of the National Park or National Forest lands.
(2) Open Season: All year.
(d) Restricted Sale.
(1) Crayfish taken under the authority of a commercial license and a crayfish permit may be used only for human consumption and may not be sold, purchased or traded for any other use, except that they may be sold to a registered aquaculturist.
(2) Crayfish taken under the authority of a live bait fish license shall be used only for bait purposes and shall not be sold, purchased or used for any other purpose.
(e) Size Limit.
(1) No live crayfish of the genus Pacifastacus less than three and five-eights inches (92mm) in length from tip of nose (acumen) to tip of tail (telson), measured in a straight line ventral side up, may be taken commercially, except an allowable percentage of unacceptable (dead or undersized) Pacifastacus in any load or lot shall not be more than 10% by number.
(2) With the exception of the 10% allowable unacceptable crayfish, all other undersized Pacifastacus shall be returned unharmed to the waters from which taken. Such crayfish shall be sorted and returned immediately following processing of any trap or trap line before pulling additional traps or before returning to any dock or landing.
(3) The processing plants may not possess any cooked crayfish of the genus Pacifastacus which are less than three and one-half inches (89 mm) in length from the tip of nose (acumen) to tip of tail (telson), measured in a straight line ventral side up, except an allowable percentage of undersized Pacifastacus shall not be more than 5% by number of the total crayfish received at the processing plant during the day or processing.
(4) Any undersized Pacifastacus taken to the processing plant shall be returned to the water from which they were taken within twenty-four hours from the time of arrival at the processing plant. Either the processor or a commercial fisherman shall return the crayfish. Such crayfish shall be maintained alive and in good condition until they are released.
(5) There is no minimum size limit on crayfish of the genus Procambarus or the genus Orconectes.
(6) To determine the percentage of unacceptable crayfish of the genus Pacifastacus which are either dead and/or less than the minimum size limit fixed by this section, samples shall be taken from various portions of the load or lot and shall be measured and counted. The mean of the combined counts of all samples taken shall be used to determine the percentage of unacceptable Pacifastacus in the load or lot. Samples shall be taken in containers of not less than one gallon size approximately full of Pacifastacus. At least three such samples shall be taken from any load or lot.
(f) Female Crayfish. Any female crayfish carrying eggs (berried crayfish) or young shall be returned unharmed to the water at the time the crayfish are sorted.
(g) Methods of Take. Crayfish may be taken only by hand, hook and line, dip net not over six feet in greatest diameter or with a trap not over three feet in greatest dimension.
(h) Trap Identification. All crayfish traps shall be permanently tagged with a visible, metal tag bearing the crayfish permit number of the fisherman. Any person pulling or raising crayfish traps bearing a permit number other than his own must have in his possession written permission to pull the traps from the person who holds the crayfish permit number identifying such traps.
(i) Buoys. Each person taking crayfish for commercial purposes shall designate a trapping area with at least two buoys, one at either end of a trap line; however, the buoys do not have to be attached to the trap line. Such buoys shall be spaced not less than 200 feet, nor more than 1,200 feet apart. The upstream buoy shall be painted red and the downstream buoy white. When single traps are employed such traps shall be individually buoyed with a minimum spacing of 200 feet between traps. Buoys for single traps shall be painted yellow. Each buoy shall bear the permit number of the fisherman in a color that contrasts with that of the buoy. The permit number on the buoy shall be at least 1 1/2 inches in height and all markings shall be at least one-quarter inch in width.
(j) Containers. Any container used to hold or transport live crayfish shall be vented at the bottom. The depth of crayfish in such container shall not exceed 13 inches.
(k) All crayfish traps must be raised and processed at least once every 72 hours. Traps not processed within this time limit shall be considered abandoned and shall be subject to seizure by department personnel.
( l) Scientific and Educational Use.
(1) Each person who collects crayfish for a fee for scientific and educational purposes shall have a commercial fishing license, and each boat used for this purpose shall be registered as a commercial fishing vessel. However, if a fisherman is collecting crayfish of the genus Pacifastacus he must also have a scientific collecting permit (see section 650, title 14, CAC, for the requirements).
(2) A qualified scientific supply house shall issue a market order to each fisherman before the fisherman collects crayfish. Each market order shall specify the collecting locality, and the duration of that market order. Each fisherman shall have a market order in his possession when collecting crayfish.
(3) The fishing area and season fixed in subsection (c) and the minimum size limit fixed in subsection (e) of this section shall also apply to the fishermen collecting crayfish for a fee for scientific and educational purposes.


Note: Authority cited: Section 8491, Fish and Game Code. Reference: Sections 8491 and 15101, Fish and Game Code.

s 119. Trawl Nets Inside of the Golden Gate Bridge.
Bay shrimp, Oriental gobies, longjaw mudsuckers, staghorn sculpin, and plainfin midshipman inside of the Golden Gate Bridge may be taken for commercial purposes by the use of trawl nets only under a revocable, nontransferable permit issued by the department. All other species taken shall be immediately returned to the water.
(a) Qualifications of Permits. The applicant must be a licensed commercial fisherman and operator of a currently registered commercial fishing vessel.
(b) Limitation of Permit. A permit shall be issued to an individual owning or operating a vessel engaged in the fishery. Permits shall not be assigned or transferred from person to person. See subsection 699(b) of these regulations for the fee for this permit.
(c) Permit Areas.
(1) Trawl nets may be used in Districts 2, 12, 13, and that portion of District 3 upstream of the Carquinez Bridge, except as noted in subsections (c)(2) and (c)(3).
(2) The southern boundary of Fish and Game District 13 is the Southern Pacific Railroad crossing at Coyote Creek.
(3) Trawl nets may be used only in the portions of Districts 2 and 3 lying westerly of a projected straight line beginning at Point Edith on the south and extending through Buoy "6" to the shoreline on the north.
(d) Season. All year.
(e) Limitation of Gear.
(1) When any nets possessed under the terms of these regulations are in possession on any permittee's vessel, no other fishing nets may be possessed on that vessel.
(2) All fishing gear used under the provisions of this permit is subject to inspection and approval by the department.
(3) On request, any authorized representative of the department shall be permitted to travel on the permittee's boat to observe fishing operations.
(f) Identification of Vessel. Each vessel operating under the provisions of these regulations shall display on both sides of the vessel the number of the owner's permit in 14 inch black numbers on a white background.
(g) Records. Pursuant to section 190, of these regulations, each permittee shall complete and submit an accurate record of his fishing activities on a Bay Shrimp Log form, (FG 2025 (new 11/2005), see Appendix A.
(h) Conditions of Permit. The provisions of the Fish and Game Code relating to commercial fishing except as modified by the provisions of this permit shall be a condition of all permits to be fully performed by the holders thereof, their agents, servants, employees, or those acting under their direction and control.
(i) A permittee prohibited from obtaining a permit may request a hearing before the commission to show cause why his trawl fishing privileges should be restored.
(j) Revocation of Permits. Permits may be revoked and cancelled by the commission without notice, upon the breach or violation of any fish and game law or regulation or any violation of the terms or conditions of this permit by the holders thereof, their agents, servants, employees or those acting under their direction and control. Permits so revoked and cancelled may not be renewed for a period of one year from the date of revocation.


Note: Authority cited: Section 8832, Fish and Game Code. Reference: Sections 7857 and 8832, Fish and Game Code.Authority cited: Section 8832, Fish and Game Code. Reference: Sections 7857 and 8832, Fish and Game Code.

s 120. Prawn or Shrimp Trawling.
The following are the regulations under which permits to use or possess trawls for the taking of shrimp or prawns in ocean waters pursuant to section 8842 are to be granted:
(a) Qualifications of Permittee. The applicant must be the operator of a currently registered commercial fishing vessel.
(b) Southern Pink Shrimp Trawl Permit. On and after April 1, 2001, any person using a trawl net to take, possess aboard a boat, or land pink shrimp for commercial purposes in ocean waters south of a line drawn due west of Point Conception shall have a southern pink shrimp trawl permit that has not been suspended or revoked.
(c) Cost of Permit. See subsection 699(b) of these regulations for the fee for this permit. (NOTE: This fee shall be charged effective April 1, 1992.)
(d) Permit Areas. The taking of pink shrimp north of a line drawn due west of Point Conception shall be subject to this section and Section 120.01, Title 14, CCR. Trawling for shrimp or prawns shall be permitted only in those waters of Fish and Game Districts 6, 7, 10, 17, 18, and 19, lying not less than three (3) nautical miles from the nearest point of land on the mainland shore, all offshore islands and the boundary line of District 19A, except that in waters lying between a line extending due west from False Cape and a line extending due west from Pigeon Point, trawling is allowed not less than two (2) nautical miles from the nearest point of land on the mainland shore. However, no trawling shall be conducted in the cowcod closure areas defined in Section 150.06, Title 14, CCR.
(e) Season. Pink shrimp may be taken April 1 through October 31. The taking of golden, spot and ridgeback prawns is provided for in Section 120.3, Title 14, CCR.
(f) Gear Specifications.
(1) The net to be used for the capture of shrimp or prawns shall be an otter trawl or a beam trawl net.
(2) The mesh of any webbing used on or with the beam or otter trawl shall not be less than 1 3/8 inches measured inside the knots.
(3) An approved Bycatch Reduction Device (BRD) shall be used on all trawl nets used in the commercial pink shrimp trawl fishery and is described as one of the following:
(A) The Nordmore Grate. The grate consists of a series of rigid or semi-rigid vertical bars that form a panel which guides finfish out of an escape hole located in the top of the net. The device may include a funnel used to concentrate catch near the bottom of the panel to facilitate sorting but is not a required component. An approved Nordmore Grate must meet the following criteria:
1. The rigid or semi-rigid panel must completely cover some portion of the net in diagonal cross-section.
2. None of the openings between the vertical bars of the panel may exceed 2 inches.
3. The escape hole, when spread open, must expose a hole at least 100 square inches in surface area, which is the equivalent to removing 10-12 meshes in a straight line.
4. The escape hole must be forward of the panel and the farthest back point must end within four meshes of the point at which the rigid or semi-rigid panel connects to the main net at its farthest back point.
(B) The Soft-Panel Excluder. This device uses a mesh panel to guide fish out of an escape hole located in the top of the net. An approved soft-panel BRD must satisfy the following criteria:
1. The panel meshes must be constructed of net material with individual meshes no larger than 6 inches (stretch measure).
2. The panel must completely cover some portion of the net in diagonal cross-section and partial panels are not allowed.
3. The escape hole must, when spread open, expose a hole at least 100 square inches in surface area, which is equivalent to cutting 10-12 meshes in a straight line.
4. The escape hole must be positioned forward of the panel and end within four meshes of the point at which the panel connects to the main net at its farthest back point.
(C) The Fisheye Excluder. This device functions as a simple forward facing escape hatch that is maintained by a rigid frame. An approved fisheye BRD must meet the following criteria:
1. The escape hole must be forward facing so that finfish can swim towards the mouth of the net to exit through the fisheye.
2. The device must be placed on the top of the codend, no further forward than 84 codend meshes, counted from the pursing rings.
3. The escape hole must be no less than 6 inches in height and no less than 10 inches in width.
(4) A revocable experimental BRD permit may be issued by the Department's Marine Region Manager and used in lieu of an approved BRD under the following terms and conditions:
(A) The experimental BRD meets minimum design criteria for approved BRDs as determined by the Marine Region Manager.
(B) The permitted vessel carries a Department-approved observer coverage during all times that the experimental BRD is used in lieu of an approved BRD to harvest pink shrimp.
(C) The experimental BRD permit is valid for the duration of the impending or current pink shrimp season unless revoked.
(5) Bycatch reduction devices shall not be modified in any way that interferes with their ability to allow fish to escape from the trawl, except for the purpose of testing the BRD to measure shrimp loss. Authorized testing of BRDs may be conducted as follows:
(A) All testing must occur between 3:00 p.m. and 6:00 p.m. Pacific Time.
(B) For vessels fishing two nets simultaneously (double-rigged boats), only one net may contain a disabled BRD (approved or experimental).
(C) For vessels fishing only one net, the BRD may be disabled only between 3:00 p.m. and 6:00 p.m. Pacific Time.
(g) Limitations of Gear.
(1) Nets used for the taking of shrimp or prawns under this regulation may be possessed on a boat in a permit area only when the shrimp or prawn trawling season is open in that area, except as provided in (6) below and except that for a period of seven (7) days following the close of the season, shrimp or prawn nets may be possessed on a boat for the purpose of cleaning, drying, or maintaining such nets, provided that the boat remains in port during the time the net(s) is aboard. No shrimp trawl net may be possessed on board a vessel in the commercial pink shrimp fishery that does not include an excluder device. All bycatch reduction devices and codends used for trawl fishing for pink shrimp must be readily accessible and made available for inspection at the request of a department official.
(2) When any nets possessed under the terms of these regulations are in possession on any permittee's vessel, no other fishing nets may be possessed on that vessel.
(3) No web, the meshes of which are less than that prescribed in these regulations, may be possessed on any vessel which is operating under the provisions of a shrimp or prawn permit.
(4) All fishing gear used under the provisions of this permit is subject to inspection and approval by the Department of Fish and Game at any time.
(5) On request, any authorized representative of the Department of Fish and Game shall be permitted to travel on the permittee's boat to observe shrimp or prawn trawling operations.
(6) The department may issue revocable nontransferable permits to shrimp permittees for purpose of transporting shrimp or prawn nets in closed permit areas. The permit must include such information as the name of the vessel that will transport the net and a termination date that does not extend beyond the end of the season in progress. The permit shall be carried aboard the vessel upon which the net is being transported.
(7) No shrimp trawl nets may be removed from the vessel participating in the pink shrimp trawl fishery prior to the offloading of pink shrimp.
(h) Incidentally Caught Fish. Not more than 1,500 pounds, multiplied by the number of days of the fishing trip, of fish other than Pacific whiting, shortbelly rockfish, or arrowtooth flounder caught incidentally with shrimp or prawns may be possessed on any boat operating under a permit as provided in these regulations, except salmon may be taken and possessed subject to sections 8210.2 to 8226, and 8230 to 8237, inclusive, of the Fish and Game Code. Spot prawns shall not be possessed or landed as incidental catch in the pink shrimp fishery.
(i) Maximum Count per Pound. It is illegal for any vessel operating under a southern pink shrimp permit or a permit as provided in Section 120.01, Title 14, CCR, to land pink shrimp having a count greater than 160 shrimp per pound.
(j) Records. Pursuant to section 190 of these regulations, each permittee shall complete and submit an accurate record of his fishing activities on a form (Shrimp/Prawn Trawl Log, DFG 120 (10/ 89), see Appendix A) provided by the department.
(k) Conditions of Permit. The provisions of the Fish and Game Code of California relating to commercial fishing except as modified by the provisions of this permit shall be a condition of all permits to be fully performed by the holders thereof, their agents, servants, employees, or those acting under their direction and control.
(l) Revocation of Permits. All permits may be revoked and canceled by the Fish and Game Commission without notice, upon the breach or violation of any fish and game law or regulation or any violation of the terms or conditions of this permit by the holders thereof, their agents, servants, employees or those acting under their direction and control. Permits so revoked and canceled may not be renewed for a period of one year from the date of revocation.


Note: Authority cited: Sections 8591 and 8842, Fish and Game Code. Reference: Sections 1700 and 8590-8595, Fish and Game Code.

s 120.01. Pink Shrimp Trawling.
(a) Permit Required. On and after April 1, 2001, any person using a trawl net to take, possess aboard a vessel, or land pink shrimp for commercial purposes in ocean waters north of a line drawn due west of Point Conception shall have a northern pink shrimp trawl permit or a northern pink shrimp trawl individual permit that has not been suspended or revoked. All pink shrimp taken in ocean waters north of the aforementioned line incidental to other fishing activities shall be immediately returned to the water. Pink shrimp taken south of the aforementioned line shall be subject to the provisions of Section 120, Title 14, CCR. For the purposes of this section, vessel owner includes any person who has a lease-purchase agreement for the purchase of a vessel.
(b) Initial Permit Issuance.
(1) A northern pink shrimp trawl individual permit may be issued to the holder of a valid 2000-01 pink shrimp trawl individual permit who landed a minimum of 5,000 pounds of pink shrimp north of Point Conception in each of three of the fishing seasons from April 1, 1994 to October 31, 1999 as documented by department landing receipts submitted in their name and commercial fishing license identification number.
(2) A northern pink shrimp trawl vessel permit may be issued to the current owner of a vessel with a valid 2000-01 pink shrimp trawl vessel permit who landed a minimum of 5,000 pounds of pink shrimp north of Point Conception in each of three of the fishing seasons from April 1, 1994 to October 31, 1999, as documented by department landing receipts.
(3) A northern pink shrimp trawl vessel permit may be issued to an individual who does not qualify for a permit in (b)(1) or (2), above, and is the current owner of a commercial fishing vessel and who has been licensed as a California commercial fisherman for at least 20 years at the time of application and has participated in the pink shrimp trawl fishery for at least one of those years in this state as documented by department landing receipts that cumulatively total 5,000 pounds of pink shrimp landed by trawl nets in their name and commercial fishing license number. Any permit issued under this provision shall be nontransferable.
(4) Initial applications for all northern pink shrimp trawl permits shall be received by the department or, if mailed, postmarked no later than May 31, 2001. Initial late applications shall be received by the department or, if mailed, postmarked not later than June 30, 2001 and shall be accompanied by a $50 late fee. Initial late applications not received by the department or, if mailed, postmarked after June 30, 2001, will not be considered. A permit shall not be issued until the $50 late fee is paid.
(5) No individual or corporation that qualifies for a northern pink shrimp trawl vessel permit shall be issued a northern pink shrimp trawl individual permit.
(c) Vessel Length Endorsement.
(1) Each northern pink shrimp trawl vessel permit shall be endorsed with the overall length at the time of initial issuance. Vessel overall length is measured between the perpendiculars at the foremost portion of the hull at the stem, excluding any extensions commonly known as bowsprits, and the aftermost portion of the hull at the sternpost, excluding any extensions thereof. One of the following forms of documentation shall be submitted as proof of the vessel's overall length.
(2) Marine Survey Report. Before any northern pink shrimp trawl vessel permit is issued or transferred to another vessel, the owner of the vessel who will receive the permit may submit a marine survey completed by a certified marine surveyor on or after April 1, 1999 that clearly shows the vessel overall length.
(3) Federal Groundfish Permit. Before any northern pink shrimp trawl vessel permit is issued or transferred to another vessel, the owner of the vessel who will receive the permit may submit their current valid Federal Groundfish Permit with its endorsed length as documentation of the vessel's overall length.
(4) When a vessel is no longer available for an overall length measurement, as determined by the department, and does not have a current valid Federal Groundfish Permit, the department may consider: a Marine Survey dated prior to April 1, 1999, U.S. Coast Guard Documentation, or Department of Motor Vehicles registration records.
(d) Permit Renewal.
(1) Applicants for northern pink shrimp trawl permits must have held a valid northern pink shrimp trawl permit in the immediately preceding permit year. All applications for northern pink shrimp trawl permit renewal shall be received by the department or, if mailed, postmarked not later than April 30 each year. Late applications for northern pink shrimp trawl permit renewal shall be received by the department or, if mailed, postmarked not later than May 31 of each year and shall be accompanied by a $50 late fee. Late applications for northern pink shrimp trawl permit renewal not received, or if mailed, postmarked after May 31 will not be considered. A permit shall not be issued until the $50 late fee is paid.
(2) A northern pink shrimp trawl individual permit shall be upgraded to a northern pink shrimp trawl vessel permit before April 1, 2003. The vessel that the northern pink shrimp trawl vessel permit is assigned to may be not more than five feet greater in overall length than the longest vessel on which the permittee made qualifying landings. The individual permittee is subject to the terms of permit renewal in Section 120.01(d)(1). Any northern pink shrimp trawl individual permit not upgraded to a northern pink shrimp trawl vessel permit before April 1, 2003 shall be deemed forfeit to the department.
(e) Permit Transfers.
(1) A northern pink shrimp trawl vessel permit may be transferred to a replacement vessel owned by the permittee within two years of the permitted vessel being lost, stolen, or destroyed. The replacement vessel may be up to but not more than five feet greater in overall length than the original permitted vessel. The original length endorsement will remain on the permit.
(2) A northern pink shrimp trawl vessel permit is otherwise transferable to another owner only if the vessel qualifying for the initial permit landed 90,000 pounds of pink shrimp by trawl north of Point Conception from April 1, 1994 to October 31, 1999. An individual permit, when upgraded to a vessel permit pursuant to Section 120.01(d)(2), shall be otherwise transferable to another owner only if the fishermen qualifying for the initial permit landed 90,000 pounds of pink shrimp by trawl north of Point Conception from April 1, 1994 to October 31, 1999.
(A) The transferable permit may not be transferred more than once every twelve months.
(B) The transferable permit may be transferred any number of times to a different vessel up to five feet greater in overall length than the original endorsement, or of equal or less overall length. The original length endorsement will remain on the permit.
(C) A transferable permit may be permanently changed to a nontransferable permit on written request of the vessel owner. The permit shall not be restored to a transferable permit under any circumstances.
(3) On the death of a transferable northern pink shrimp trawl vessel permittee an heir may apply to the department to transfer that permit to him or her. The application for transfer shall be received by the department within two years of the death of the permittee.
(4) Any northern pink shrimp trawl vessel permit may be temporarily transferred, for up to one year, to a different vessel, if the permitted vessel is seriously damaged, has suffered a major mechanical breakdown, or is lost or destroyed. The request for temporary transfer shall include documentation of the damage, breakdown, loss or destruction.
(5) Any northern pink shrimp trawl vessel may be permanently retired from the fishery for any reason, and the permit transferred to a different vessel, up to but not more than five feet greater in overall length than the original length endorsement, which is owned by the same permittee.
(f) Appeal.
(1) Any applicant who is denied initial issuance of a northern pink shrimp trawl vessel permit or a northern pink shrimp trawl individual permit by the department for any reason may appeal that denial to the commission in writing, describing the basis for the appeal. The appeal shall be received by the commission or, if mailed, postmarked not later than March 31, 2002.
(2) Appeals for initial permit issuance may be based on medical conditions, vessel condition, purchase of a vessel during the moratorium period which had a pink shrimp vessel permit, economic conditions in the fishery, historic participation levels in the California pink shrimp fishery, oceanographic conditions and associated low availability of shrimp in the California area of the fishermen's residence, and incapacity of the vessel to participate in the fishery.
(3) Any applicant who is denied renewal of a northern pink shrimp trawl 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 northern pink shrimp trawl 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.
(4) Any applicant who is denied transfer of a northern pink shrimp trawl vessel permit may appeal the denial to the department in writing not more than 90 days from the date of denial 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.
(g) Fees.
(1) The annual fee for a transferable northern pink shrimp trawl vessel permit is $1,015.
(2) The fee to transfer a permit to a new owner is $1,000. No northern pink shrimp trawl vessel permit shall be transferred without a completed application and payment of fees.
(3) The fee to transfer a permit to another vessel owned by the same permittee is $200.
(4) The fee for a temporary permit transfer of up to one year is $100.
(5) The annual fee for a nontransferable northern pink shrimp trawl vessel permit is $507.50.
(6) The annual fee for a northern pink shrimp trawl individual permit is $500.
(7) The fee to upgrade a northern pink shrimp trawl individual permit to a northern pink shrimp trawl permit is $200.
(h) Conditions for Continued Eligibility. Any northern pink shrimp trawl vessel or northern pink shrimp trawl individual permit not renewed on or before May 31 of each permit year shall be considered forfeit to the department.
(i) Capacity Goal.
(1) The department shall evaluate the capacity goal every three years and report to the commission, with a recommendation regarding issuance of new permits.
(2) The capacity goal for transferable permits shall be a range from 75 up to the number of permits initially issued, and for nontransferable permits a range of 0 up to the number of permits initially issued.
(j) Permit Revocation.
(1) A northern pink shrimp trawl vessel or individual permit shall be revoked if false information is provided by the permittee to obtain the permit.


Note: Authority cited: Sections 713, 1050, 8591 and 8842, Fish and Game Code. Reference: Sections 1050, 7057, 7852.2, 7858, 8101, 8591 and 8842, Fish and Game Code.

s 120.3. Golden Prawn (Penaeus Californiensis), Spot Prawn (Pandalus Platyceros)and Ridgeback Prawn (Eusicyonia Ingentis) Trawling.
Prawns may only be taken by trawl nets for commercial purposes pursuant to sections 120 and 120.3 of these regulations, or by traps, pursuant to sections 180, 180.2, 180.5 and this section. Spot prawns may not be taken or possessed using trawl nets.
Permits to use or possess trawl nets for the taking of golden prawns and ridgeback prawns in ocean waters may be granted only under the following conditions:
(a) Qualifications of Permittee. The applicant must be a licensed commercial fisherman and operator of a currently registered commercial fishing vessel.
(b) Cost of Permit. See subsection 699(b) of these regulations for the fee for this permit. (NOTE: this fee shall be charged effective April 1, 1992.)
(c) Permit Area. Trawling for golden and ridgeback prawns shall be permitted in waters not less than 25 fathoms in depth and lying not nearer than three nautical miles distance from the nearest point of land on the mainland shore, and from all offshore islands. No trawling shall be conducted in the cowcod closure areas defined in Section 150.06, Title 14, CCR. Also, trawling shall not be conducted within District 19A which shall include a line from Malibu Point (34 <> 01.8'N., 118 <> 40.8'W) to Rocky Point (Palos Verdes Point) (33 <> 46.5'N., 118 <> 25.7'W.).
(1) Trawling Zones.
(A) Trawling Zone 1: Includes waters between the California-Oregon border and a line extending due west from False Cape (Lat. 40 <> 31'N).
(B) Trawling Zone 2: Includes those waters between a line extending due west from False Cape and a line extending due west from Lopez Point (Lat. 36 << degrees>>N).
(C) Trawling Zone 3: Includes those waters between a line extending due west from Lopez Point and a line extending due west from Point Arguello (Lat. 34 << degrees>> 35'N).
(D) Trawling Zone 4: Includes those waters between a line extending due west from Point Arguello and a line extending due west from Point Dume (Lat. 34 << degrees>> 0'N).
(E) Trawling Zone 5: Includes those waters lying between a line extending due west from Point Dume and the California-Mexico boundary, excluding Fish and Game Districts 19A, 19B, 20, 20A and 21.
(d) Restricted Catch Period:
Trawling for ridgeback prawns in all zones shall be subject to the incidental catch restrictions pursuant to subsection (g) from June 1 through September 30.
(e) Gear Specifications.
(1) Trawl nets with single-walled bag or cod-end: The mesh of any webbing shall not be less than 1 1/2 inches in length.
(2) Trawl nets with double-walled bag or cod-end: The mesh of any webbing or liner shall not be less than 3 inches in length. The lines and cod-end shall be tied together along the rib lines.
(3) Mesh measurement. Minimum trawl mesh size requirements are met if a standard stainless steel wedge of appropriate gauge can be passed with thumb pressure only through 16 of 20 sets of two meshes each of wet mesh in the cod-end.
(f) Limitation of Gear.
(1) No net, the meshes of which are less than prescribed in these regulations, may be possessed on any vessel which is operating under the provisions of a golden prawn or ridgeback prawn permit.
(2) All fishing gear used under the provisions of these regulations is subject to inspection and approval by the department at any time.
(3) On request, any authorized representative of the department shall be permitted to travel on the permittee's boat to observe golden prawn or ridgeback prawn trawling operations.
(g) Incidental Catch Restrictions.
(1) Not more than 1,000 pounds of any fish caught incidentally with pink shrimp, golden or ridgeback prawns may be possessed on any boat operating under a permit as provided in these regulations. Fisherman should refer to subsection 189(a), Title 14, CCR, for bycatch limits of federally-managed groundfish species. Any amount of sea cucumbers taken incidentally may be possessed if the owner or operator of the vessel possesses a permit to take sea cucumbers pursuant to Section 8405 of the Fish and Game Code.
(2) During the restricted catch period for ridgeback prawns, loads of fish shall not contain more than 50 pounds without restriction or 15%, by weight, of ridgeback prawns. For the purpose of this regulation, species of fish other than spot prawns shall not be included in the determination of the percentage of ridgeback prawns taken or possessed in any load of fish containing mixed species.
(3) Trawl loads of fish shall not contain more than 50 pounds without restriction or 15%, by weight, of spot prawns. For the purpose of this regulation, species of fish other than ridgeback prawns shall not be included in the determination of the percentage of spot prawns taken or possessed in any load of fish containing mixed species.
(h) Records. Pursuant to Section 190 of these regulations, each permittee shall complete and submit an accurate record of his fishing activities on a form (Shrimp/Prawn Trawl Log, DFG 120 (10/89), seeAppendix A) provided by the department. (continued)