§ 165. Harvesting of Kelp and Other Aquatic Plants.
14 CA ADC § 165BARCLAYS OFFICIAL CALIFORNIA CODE OF REGULATIONS
Barclays Official California Code of Regulations Currentness
Title 14. Natural Resources
Division 1. Fish and Game Commission-Department of Fish and Game
Subdivision 1. Fish, Amphibians and Reptiles
Chapter 6. Fish, Commercial (Refs & Annos)
14 CCR § 165
§ 165. Harvesting of Kelp and Other Aquatic Plants.
(a) General License Provisions. Pursuant to the provisions of Section 6651 of the Fish and Game Code, no kelp or other aquatic plants may be harvested for commercial purposes except under a revocable license issued by the department.
(1) Who Shall be Licensed. Each person harvesting kelp and other aquatic plants for profit shall apply each year for a license on 2015 Kelp Harvesting License Application (DFW 658 Rev. 08/14) which is incorporated by reference herein. License applications and a list of laws and regulations governing the harvest of kelp and other aquatic plants (including maps depicting administrative kelp beds) are available on request from the department's Los Alamitos office at 4665 Lampson Avenue, Suite C, Los Alamitos, CA 90720.
(2) Cost of License. See section 6651 of the Fish and Game Code.
(3) Where to Submit Applications. Application forms, together with the fee authorized by Section 6651 of the Fish and Game Code, shall be submitted to the department's Los Alamitos office, 4665 Lampson Avenue, Suite C, Los Alamitos, CA 90720.
(4) License Limitation. All provisions of sections 6650-6680 of the Fish and Game Code, and sections 165 and 165.5 of the commission regulations shall become a condition of all licenses issued under this section to be fully performed by the holders thereof, their agents, servants, employees or those acting under their direction or control.
(b) General Harvesting Provisions.
(1) Weighing of Kelp. A kelp harvester shall determine the weight of harvested kelp or other aquatic plants upon landing or delivery to the harvester's place of business. The harvester may determine the weight of harvested kelp or other aquatic plants by either direct weighing with a state certified scale or a volume conversion that has been approved by the department. If the weight is determined by a certified or licensed weighmaster, the harvester shall obtain a receipt and maintain the receipt in the landing record required under subsection (b)(3) below.
(2) Harvesting Records.
(A) Every person harvesting kelp and other aquatic plants and licensed pursuant to Section 6650 of the Fish and Game Code shall keep a record of the following:
1. Category of plants harvested as defined in subsections 165(c), (d) and (e).
2. The wet weight of harvested kelp or other aquatic plants recorded in pounds or tons (1 ton = 2000 lb).
3. Name and address of the person or firm to whom the plants are sold, unless utilized by the harvester.
(B) The record shall be open at all times for inspection by the department.
(3) Landing Records. Records of landing shall be prepared by all harvesters licensed pursuant to Section 6650 of the Fish and Game Code. Records of landing shall be made in triplicate using Kelp Harvester's Monthly Report forms FG 113 (Rev. 1/97, see Appendix A) and FG 114 (Rev. 1/07, see Appendix A).
(A) The landing records shall show:
1. The wet weight of all aquatic plants harvested in units as defined in subsection (b)(2)(A)2. above.
2. Name and address of harvester.
3. Department of Fish and Wildlife kelp harvester number.
4. Report period, royalty rate, balance of advance deposit (applicable to leased beds), royalty rate amount due and dates of landing.
5. Administrative kelp bed number and, if applicable, marine protected area where plants were harvested.
(B) A duplicate copy of the landing record shall be retained by a kelp harvester for a period of one year and shall be available for inspection at any time within that period by the department. A kelp harvester who harvests kelp from a marine protected area established under subsection 632(b) shall maintain a copy of the landing record on board the harvest vessel for all harvesting conducted during that harvest control period. The original and one copy of the landing record shall be submitted to the department's Accounting Services Branch at 1416 Ninth Street, Room 1215, Sacramento, CA 95814 (or by postal delivery to P.O. Box 944209, Sacramento, CA 94244-2090) on or before the 10th day of each month following the month to which the landing records pertain with the specified royalty required for all kelp and other aquatic plants harvested. Landing records that are mailed shall be postmarked on or before the 10th day of each month following the month to which the landing records pertain. The landing record shall be submitted whether or not harvest occurred.
(C) Failure to submit the required landing records of harvest activity and royalty fees within the prescribed time limit and/or failure to retain the required landing records for the prescribed time period(s) may result in revocation or suspension (including non-renewal) of the harvester's license for a period not to exceed one year. Any revocation, suspension, or nonrenewal may be appealed to the commission.
(4) No eel grass (Zostera) or surf grass (Phyllospadix) may be cut or disturbed.
(5) No kelp or other aquatic plant may be harvested in a state marine reserve or state marine park as per subsection 632(a). Commercial harvest of kelp or other aquatic plants may be limited in state marine conservation areas as per subsection 632(b).
(6) It is unlawful to cause or permit waste of any kelp or other aquatic plants taken in the waters of this state or to take, receive or agree to receive more kelp or other aquatic plants than can be used without waste or spoilage.
(c) Harvesting of Macrocystis and Nereocystis (giant and bull kelp). In this subsection, kelp means both giant and bull kelp.
(1) A kelp harvester may harvest kelp by cutting and removing portions of attached kelp or by collecting unattached kelp.
(2) A kelp harvester may not cut attached kelp at a depth greater than four feet below the surface of the water at the time of cutting.
(3) No kelp received aboard a harvesting vessel shall be allowed to escape from the vessel or be deposited into the waters of this state.
(4) In beds north of Point Montara, Nereocystis (bull kelp) may only be taken by hand harvesting. No mechanical harvesters of any kind shall be allowed.
(5) Between April 1 and July 31, a kelp harvester may not harvest bull kelp from a nonleased kelp bed that lies partially or totally within the boundary of the Monterey Bay National Marine Sanctuary extending from Santa Rosa Creek, San Luis Obispo County, northward to Rocky Point, Marin County. This subsection does not preclude the removal of bull kelp from beaches within the Monterey Bay National Marine Sanctuary during the seasonal closure.
(6) Prior commission approval of a kelp harvest plan is necessary before a kelp harvester may use a mechanical harvester to harvest giant kelp.
(A) A kelp harvest plan must identify how a mechanical harvester will be used while avoiding:
1. repetitive harvest from individual giant kelp plants;
2. harvest of bull kelp from those portions of kelp beds that contain both giant kelp and bull kelp; and
3. harvest of giant kelp near sea otter rafting sites used by female sea otters with dependent pups.
(B) All kelp harvest plans shall also include the following:
1. the number of the designated bed or beds as shown in subsection 165.5(j), a description of the kelp bed or portion of the kelp bed requested and the designated number of square miles in each bed or portion thereof;
2. intended use of kelp;
3. amount of kelp proposed to harvest on a monthly and annual basis during the next five years;
4. estimated frequency of harvesting activities for each kelp bed;
5. number of harvest boats, maximum kelp holding capacity in wet tons for each boat, including the operating vessel gross tonnage and fuel tank capacity;
6. harvesting methodology (harvest operation description);
7. all locations (addresses) where kelp landing and weighing will take place;
8. specific details of wet kelp weighing equipment and methods to be used at the landing sites for accurate reporting; and
9. name, address, phone number, and license number of kelp processor and method of transporting the kelp to the processing location.
(C) Kelp harvest plans must be updated and submitted to the commission for approval every five years.
(7) In addition to the license fee, a kelp harvester shall pay a royalty of $1.71 for each ton (2,000 lb) of wet kelp harvested from a non-leased bed.
(d) Harvesting of marine plants of the genera Gelidium, Pterocladia, Gracilaria, Iridaea, Gloiopeltis or Gigartina which are classified as agar-bearing plants.
(1) General Provisions.
(A) All agar-bearing plants must be harvested by cutting, except that drift or loose plants may be picked up by the harvester. Agar-bearing plants may be cut no closer than two inches to the holdfast and no holdfast may be removed or disturbed. All agar-bearing plants which are removed from a bed must be taken from the water for weighing and processing.
(B) While harvesting agar-bearing plants, it is unlawful to harvest abalone or to have abalone harvesting equipment in possession.
(C) License numbers of the harvesters will be displayed on both sides of the boat from which they are operating in 10-inch black numbers on a white background.
(D) A harvester may use conventional underwater diving gear or SCUBA when harvesting agar-bearing plants.
(2) Kelp Drying Permits. Pursuant to section 6653.5 of the Fish and Game Code, no company or individuals shall reduce the moisture content or otherwise dry agar-bearing plants harvested from waters of the state except under the authority of a kelp drying permit issued by the department. Drying permits shall be issued under the following conditions:
(A) Where Issued. Requests for kelp drying permits shall be submitted to the Department of Fish and Game at the address listed in section 165(a)(3).
(B) Cost of Permit. See subsection 699(b) of these regulations for the fee for this permit.
(C) Permit Review. The department shall return permit application forms to the applicant within three working days of receipt.
(D) Duration of Permits. Except as otherwise provided, kelp drying permits shall be valid for a term of one year from date of issue.
(E) Weighing of Kelp. All agar-bearing marine plants shall be weighed upon landing pursuant to the provisions of subsection (b)(1) of these regulations.
(F) Plant Delivery. Every person taking delivery of agar-bearing marine plants for drying purposes from persons licensed pursuant to section 6650 of the Fish and Game Code or harvesters drying their own plants shall keep a book or books recording the following:
1. A full and correct record of all agar-bearing plants received from other licensed agar harvesters or taken by permittee.
2. Names of the different species.
3. The number of pounds received.
4. Name, address and kelp harvester number of the person from whom the agar-bearing plants were received. The book(s) shall be open at all times for inspection by the department.
(G) Landing Receipts. Receipts shall be issued by all kelp drying permittees to harvesters licensed pursuant to subsection (b)(3) of these regulations and shall show:
1. Price paid.
2. Department origin block number where the agar-bearing plants were harvested.
3. Such other statistical information the department may require.
(H) The original signed copy of receipt shall be delivered to the agar harvester at the time of purchase or receipt of the agar-bearing plants. The duplicate copy shall be kept by the kelp drying permittee for a period of one year and shall be available for inspection at any time within that period by the department, and the triplicate shall be delivered to the department at the address indicated within 10 days after the close of each month, with a royalty of $17.00 per wet ton (2,000 lbs.) for all agar-bearing seaweed received. Failure to submit the required landing receipts and royalty fees within the prescribed time limit is grounds for revocation of the permittee's drying permit.
(e) Harvesting of marine plants, including the genera Porphyra, Laminaria, Monostrema, and other aquatic plants utilized fresh or preserved as human food and classified as edible seaweed.
(1) General Provisions.
(A) Edible varieties of marine plants must be harvested by cutting or picking, except that drift or loose plants may be picked up by the harvester. All harvested plants must be processed.
(B) Edible seaweed may be harvested from state waters throughout the year, except as provided under section 164.
(C) While harvesting edible seaweed, it is unlawful to harvest abalone or to have abalone harvesting equipment in possession.
(D) A harvester may use conventional underwater diving gear or SCUBA while harvesting edible seaweed.
(2) Harvest of Bull Kelp for Human Consumption. Notwithstanding subsection 165(c) (5)(A), persons operating under the authority of an edible seaweed harvesters license may take, not to exceed, 2 tons (4,000 lbs) of bull kelp per year. The entire plant may be harvested.
(3) Weighing of Edible Marine Plants. All edible marine plants shall be weighed pursuant to the provisions of subsection (b)(1) of these regulations and landing receipts in duplicate issued as per subsection (b)(3).
(4) The original copy of the receipt shall be delivered to the department at the address indicated within 10 days after the close of each month with a royalty of $24 per wet ton (2,000 lbs.) of edible marine plants harvested from state waters other than San Francisco Bay and Tomales Bay.
(f) All Other Species of Kelp.
(1) Applicant shall apply to the commission, outlining the species to be harvested, amount and location. The commission may set conditions and amount of royalty after review of the application.
Note: Authority cited: Sections 6653 and 6653.5, Fish and Game Code. Reference: Sections 6650, 6651, 6652, 6653, 6653.5, 6654, 6656 and 6680, Fish and Game Code.
1. Amendment of subsection (a)(3) filed 10-8-69 as an emergency; designated effective 11-10-69 (Register 69, No. 41). For prior history, see Register 69, No. 15.
2. Certificate of Compliance -section 11422.1, Gov. Code, filed 12-17-69 (Register 69, No. 51).
3. Amendment of subsection (a)(1)(E) filed 6-30-77 as an emergency; effective upon filing (Register 77, No. 27).
4. Certificate of Compliance filed 8-24-77 (Register 77, No. 35).
5. Amendment filed 3-9-81; effective thirtieth day thereafter (Register 81, No. 11).
6. Amendment filed 9-6-85; effective thirtieth day thereafter (Register 85, No. 36).
7. Change without regulatory effect of subsection (e)(3) filed 5-5-86; effective thirtieth day thereafter (Register 86, No. 19).
8. Amendment of subsections (a)(2), (a)(3) and (c)(5) filed 1-27-87; effective thirtieth day thereafter (Register 87, No. 5).
9. Amendment of subsection (c) filed 12-3-90; operative 1-2-91 (Register 91, No. 4).
10. Amendment of subsections (a) and (d) filed 4-18-91; operative 5-18-91 (Register 91, No. 21).
11. Editorial correction of printing error in subsection (c)(3) (Register 91, No. 31).
12. Amendment of subsections (a)(3) and (c)(2), new subsections (c)(5)-(c)(5)(B), subsection renumbering and amendment of newly designated subsection (c)(6), and new subsection (e)(3) and subsection renumbering filed 3-26-96; operative 3-26-96 pursuant to Government Code section 11343.4(d) (Register 96, No. 13).
13. Amendment filed 10-25-2001; operative 11-24-2001 (Register 2001, No. 43).
14. Amendment of subsection (b)(5) filed 3-8-2005; operative 4-7-2005 (Register 2005, No. 10).
15. Change without regulatory effect amending subsection (a)(3) filed 5-5-2005 pursuant to section 100, title 1, California Code of Regulations (Register 2005, No. 18).
16. Amendment of subsections (b)(1), (b)(3), (b)(3)(D)-(F) and (c)(4)(D) filed 8-22-2007; operative 9-21-2007 (Register 2007, No. 34).
17. Editorial correction restoring inadvertently omitted subsection (c)(5) (Register 2011, No. 5).
18. Amendment of section and Note filed 1-14-2014; operative 4-1-2014 (Register 2014, No. 3).
19. Change without regulatory effect amending subsection (a)(1) filed 5-22-2014 pursuant to section 100, title 1, California Code of Regulations (Register 2014, No. 21).
20. Change without regulatory effect amending subsection (a)(1) filed 6-24-2015 pursuant to section 100, title 1, California Code of Regulations (Register 2015, No. 26).
21. Change without regulatory effect amending subsection (b)(3)(B) filed 8-8-2019 pursuant to section 100, title 1, California Code of Regulations (Register 2019, No. 32).
This database is current through 11/19/21 Register 2021, No. 47
14 CCR § 165, 14 CA ADC § 165
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