(a) Powered equipment is a hand operated hydraulic pump or a pump driven by an engine not to exceed 5 horsepower. Intake and outlets of suction and hydraulic nozzles shall not be in excess of an inside diameter of 2 inches. The hydraulic nozzle shall not be longer nor extended into any tideland sands to a depth greater than 3 feet, and all engine-driven pumps shall have a shut-off valve at the nozzle.

(b) Each person operating or assisting in operating such equipment will be required to possess a commercial fishing license and a permit as provided by this section.

(c) Permits may contain additional terms and conditions, including areas of use, as prescribed by the Department of Fish and Game. The applicant for a permit shall submit the fees and the completed application, as specified in Section 705, to the address listed on the application.

(d) Powered equipment may be used on intertidal areas, that is, between high water and low water marks, except powered equipment shall not be used in Tomales Bay, Bodega Harbor or Bolinas Lagoon. In Morrow Bay engine-driven hydraulic pumps may not be used south of a line running 230 magnetic from the public boat ramp at the south end of the Embarcadero.

(e) Holes created in the mudflat surface by engine-driven pumps shall not exceed 8 feet in any horizontal dimension, nor more than 12 inches in depth.

(f) Mollusks and crustaceans, other than ghost shrimp, exposed or hydraulically sluiced to the surface, shall be returned immediately to their natural habitat, and no fish, mollusks or crustaceans, other than ghost shrimp shall be possessed by the permittee at any time during pumping operations or while traveling to or from pumping operations.

(g) Any right or privilege granted thereunder is subject to revocation by the Fish and Game Commission at any time.

(h) All provisions of the following numbered sections of the Fish and Game Code shall be a condition of all permits to be fully performed by the holders thereof, viz: 7700-7855, 8010-8024, 8250-8283, 8603, 8630-8634, 9050-9053. All section numbers are inclusive.

(i) Permits shall only be issued upon the conditions contained in the application and signed by the applicant that he has read, understands, and agrees to be bound by all terms of the permit.

(j) Any permit may be revoked or suspended for a period fixed by the commission, upon the breach or violation of the terms of the permit, or any of the foregoing sections of the Fish and Game Code, or any of these regulations, or if, in the opinion of the department, the resource is endangered. Any person who has had his permit revoked may be required to appear before the Fish and Game Commission when applying for a new permit. For a period of not more than one year, the commission may defer action upon the application of any person who uses powered equipment to take ghost shrimp without first having secured a permit under these regulations.