§ 120.7. Taking of Sea Urchins for Commercial Purposes.
14 CA ADC § 120.7Barclays Official California Code of Regulations
14 CCR § 120.7
§ 120.7. Taking of Sea Urchins for Commercial Purposes.
(1) Any person taking or assisting in the taking of sea urchins for commercial purposes shall have obtained a valid sea urchin permit and shall be in possession of said permit when engaged in such activities. A sea urchin diving permit is not required to operate or assist in operating a vessel used to take sea urchins, however, no person without a valid sea urchin diving permit shall engage in diving from a vessel from which sea urchins are being taken or possessed for commercial purposes, unless authorized by the department's marine region regional manager or his or her designee for the purposes of sea urchin management or research.
(2) To provide an economic incentive for cooperative sea urchin management and research activity, and notwithstanding any other portion of this section, the department may authorize the holder of a valid sea urchin diving permit to harvest (take, possess, land and/or sell) red sea urchins during a closed season or in a closed area, subject to such restrictions regarding date(s), location(s), time(s), size, poundage or other matters as specified by the department. Any data collected during such harvest activity shall be made available to the department. The form of this authorization shall be a letter from the department's marine region regional manager or his or her designee issued to the permittee and containing all conditions of use.
(6) Successful applicants will be notified as soon as practical. Successful applicants shall submit the fee for a Sea Urchin Diving Permit, as specified in Fish and Game Code Section 9055 to the department's License and Revenue Branch by 5:00 p.m. on or before or, if mailed, postmarked no later than May 15 each year. If the deadline to submit the fee falls on a weekend or holiday payment will be accepted until the close of business on the first state business day following the deadline to submit payment.
(11) The department shall maintain records of preference points earned by each applicant based on the identification number assigned to each customer by the department's Automated License Data System. The customer's identification number, Get Outdoors ID (GO ID) will be printed on each drawing receipt issued by the Automated License Data System. Applicants shall notify the department's License and Revenue Branch in Sacramento in writing of any changes or corrections regarding name, mailing address, or date of birth.
(12) Persons not applying in the sea urchin diving permit drawing for five (5) consecutive years starting in 2018 shall have their preference points for the sea urchin drawing reduced to zero (0). For the purposes of this subsection, persons whose applications are disqualified from drawing shall be considered the same as persons not applying.
(i) Vessel Identification. When sea urchins are taken under these regulations, the vessel's commercial registration number shall be displayed on both sides of the boat. The number shall be black, at least 10 inches high, and on a white background. All permittees aboard the boat shall be mutually responsible for the proper display of the vessel's commercial registration number.
(k) Revocation of Permits. Any permit may be suspended, revoked, or canceled by the commission upon breach or violation of any fish and game regulation pertaining to the take of sea urchins or abalone; 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.
(m) Logbooks. Pursuant to Section 190 of these regulations, each permittee shall complete and submit an accurate record of all sea urchin fishing activities on a form Commercial Dive Fishing Log (DFW 120.7 (REV. 12/08/17)), incorporated herein by reference, provided by the department. The completed daily records shall be sent to the department address specified on the logbook on or before the tenth day of each month following the month to which the records pertain.
(3) During any closed period, no red sea urchins may be possessed on any commercially registered vessel, except that any commercially registered vessel may transport red sea urchins after any closure goes into effect, provided that the vessel is in port no later than 0800 hours on the first day of the closed period.
(2) The South Caspar Point area in Mendocino County is closed to all commercial fishing for sea urchins. This area is bounded on the north by a line extending 90° magnetic from sea to the mouth of Caspar Creek (north bank) in Caspar Cove, on the south by the northern boundary of the Point Cabrillo State Marine Conservation Area and its westward extension to the 120-foot depth contour, on the west by 120-foot depth contour line connecting the north and south boundary lines, and on the East by the mainland shore. The Point Cabrillo State Marine Conservation Area remains closed to the take of all forms of marine life except as permitted in subsection 632(b).
(1) In southern California (south of the Monterey-San Luis Obispo county line) no more than thirty (30) red sea urchins between one and one-half (1 ½ ) and three and one-quarter (3 ¼ ) inches in shell diameter, not including the spines or any portion of their ball-and-socket attachment to the shell, per permittee per load, may be taken, possessed, sold or purchased.
(2) In northern California (north of the Monterey-San Luis Obispo county line) no more than thirty (30) red sea urchins between one and one-half (1 ½ ) and three and one-half (3 ½ ) inches in shell diameter, not including the spines or any portion of their ball-and-socket attachment to the shell, per permittee per load, may be taken, possessed, sold or purchased.
(A) The permittee provides documentation within 90 days of the request to the department from a qualified physician that the permittee suffers from a disease or injury and it will prevent the permittee from diving. Such conditions shall not include short or long-term common illnesses, conditions caused or primarily exacerbated by aging, or any other condition which appears to be marginal or common, such as routine back or neck problems;
(C) The proposed sea urchin diver assistant has a valid California commercial fishing license and has not had any California commercial fishing license or permit suspended or revoked; has never been convicted, and no charges are pending for a violation of any provision of the Fish and Game Code or Title 14, California Code of Regulations.
(D) The sea urchin diving permit, in addition to the sea urchin diver assistant authority shall be subject to revocation, suspension or other actions provided in law or regulation, upon violations committed by the sea urchin diver assistant, when acting under the authority of a sea urchin diver assistant. The assistant shall take no actions authorized pursuant to a sea urchin diver permit without the consent of the permittee.
Credits
Note: Authority cited: Sections 713, 1050, 9054 and 9055, Fish and Game Code. Reference: Sections 713, 1050, 7850, 7852.2, 7857, 9054 and 9055, Fish and Game Code.
History
1. New section filed 1-16-74 as an emergency; effective upon filing (Register 74, No. 3).
2. Certificate of Compliance filed 3-12-74 (Register 74, No. 11).
3. Amendment of subsection (c) filed 10-7-74; effective thirtieth day thereafter (Register 74, No. 41).
4. New subsection (f) filed 3-15-77 as an emergency; effective upon filing (Register 77, No. 12).
5. Certificate of Compliance filed 6-9-77 (Register 77, No. 24).
6. Editorial correction of subsection (f) filed 12-29-82 (Register 83, No. 1).
7. Repealer of subsection (f) filed 9-15-83; effective thirtieth day thereafter (Register 83, No. 38).
8. Repealer and new section filed 7-8-85; effective thirtieth day thereafter (Register 85, No. 28).
9. New subsection (a)(4) filed 7-27-87 as an emergency; operative 7-27-87 (Register 87, No. 31). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 11-24-87.
10. Certificate of Compliance filed 10-22-87 (Register 87, No. 43).
11. Amendment of subsection (d) and new subsections (i)-(k) filed 10-22-87; operative 11-21-87 (Register 87, No. 43).
12. Amendment filed 2-6-89; operative 3-8-89 (Register 89, No. 8).
13. Amendment of subsection (n) filed 12-8-89; operative 1-1-90 (Register 89, No. 50).
14. Amendment of subsections (b), (c), (d), (e), (g), (m), (o) and (p) filed 5-8-90; operative 6-7-90 (Register 90, No. 24).
15. Amendment of subsections (m)(1)-(3) and renumbering, (p)(1)-(2) and new subsection (p)(4) filed 7-7-92; operative 8-6-92 (Register 92, No. 28).
16. New subsections (q)-(q)(6) filed 7-8-93; operative 7-8-93 pursuant to Government Code section 11346.2(d) (Register 93, No. 28).
17. Amendment of section and Note filed 3-30-94; operative 3-30-94 (Register 94, No. 13).
18. Amendment of section and Note filed 8-6-98; operative 8-6-98 pursuant to Government Code section 11343.4(d) (Register 98, No. 32).
19. Amendment filed 9-2-2003; operative 10-2-2003 (Register 2003, No. 36).
20. Redesignation and amendment of portion of subsection (a) as new subsection (a)(1) and new subsection (a)(2) filed 10-6-2003; operative 11-5-2003 (Register 2003, No. 41).
21. New subsection (n)(1), subsection renumbering, amendment of newly designated subsections (n)(2)-(3) and amendment of subsection (o)(4) filed 3-8-2005; operative 4-7-2005 (Register 2005, No. 10).
22. Amendment of subsections (c)-(c)(2) and (e)(1)-(2), repealer and new subsection (g), amendment of subsections (l)(1)-(2), repealer of subsections (l)(3)-(4), subsection renumbering and amendment of subsection (m) filed 6-30-2008; operative 6-30-2008 pursuant to Government Code section 11343.4 (Register 2008, No. 27).
23. Amendment of subsections (e)(1) and (f) and amendment of Note filed 10-5-2010; operative 11-4-2010 (Register 2010, No. 41).
24. Amendment of subsections (d)(2) and (m) filed 6-16-2016; operative 6-16-2016 pursuant to Government Code section 11343.4(b)(3) (Register 2016, No. 25).
25. Editorial correction of History 24 indicating that amendments are effective upon filing (Register 2016, No. 26).
26. Amendment filed 3-2-2018; operative 3-2-2018 pursuant to Government Code section 11343.4(b)(3) (Register 2018, No. 9).
27. Change without regulatory effect amending subsection (m) filed 11-15-2018 pursuant to section 100, title 1, California Code of Regulations (Register 2018, No. 46).
This database is current through 5/10/24 Register 2024, No. 19.
Cal. Admin. Code tit. 14, § 120.7, 14 CA ADC § 120.7
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