§ 120. Prawn or Shrimp Trawling--General Provisions.
14 CA ADC § 120Barclays Official California Code of RegulationsEffective: November 1, 2022
Effective: November 1, 2022
14 CCR § 120
§ 120. Prawn or Shrimp Trawling--General Provisions.
Prawns and shrimp may only be taken by trawl nets for commercial purposes in ocean waters pursuant to Fish and Game Code statutes and under authority of fishery permits established in sections 120 through 120.3. Spot prawns may not be taken or possessed using trawl nets except as incidental to other trawl fishing activity as specified in subsection (e) below.
Regulations of this Section define the conditions 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. “Permits” as used in this Section refer only to Northern Pink Shrimp Trawl Permits defined in Section 120.2, Southern Pink Shrimp Trawl Permits defined in Section 120.2, and Golden and Ridgeback Prawn Trawl Permits defined in Section 120.3.
(3) Nets used for the taking of shrimp or prawns under these regulations may be possessed on a boat only when the shrimp or prawn trawling season is open in that area, 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.
(1) Finfish. Limits on the incidental take of west coast groundfish species are specified in federal regulations of Title 50 CFR Part 660, and apply to state-managed trawl fisheries, including prawn or shrimp trawl fisheries, pursuant to Section 189, Title 14, CCR. Salmon may be taken and possessed incidentally to prawn or shrimp trawl fishing activities subject to sections 8210.2 to 8226, and 8230 to 8237, inclusive, of the Fish and Game Code.
(3) Spot prawns. Spot prawns shall not be possessed or landed as incidental catch in the pink shrimp fishery. Trawl loads of ridgeback and golden prawns shall not contain more than 50 pounds without restriction or 15%, by weight, of spot prawns. Trawl loads of finfish shall not contain more than 50 pounds without restriction or 15%, by weight, of spot prawns.
Pursuant to Section 190 of these regulations, each prawn or shrimp trawl permittee or operator of a permitted vessel 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.
(2) Any prawn or shrimp trawl permit may be suspended, revoked or cancelled by the commission pursuant to the process defined in subdivision 7857(b) of the Fish and Game Code, upon notification by the department of a violation by a permit holder, or any person acting under authority of his or her permit, of provisions of the Fish and Game Code or regulations of the Fish and Game Commission relating to shrimp, prawns, trawl gear, and times or areas closed to fishing.
(3) Any prawn or shrimp trawl permittee shall be liable for any violations committed by him or her of provisions of the Fish and Game Code or regulations of the Fish and Game Commission relating to shrimp, prawns, trawl gear, and times or areas closed to fishing. The permit holder shall also be liable for violations committed by any other person operating under the authority of his or her permit. Additionally, any such other person is liable for his or her own violations.
Credits
Note: Authority cited: Sections 7071, 7078, 8591, 8841 and 8842, Fish and Game Code. Reference: Sections 1700, 7071, 7078, 8590, 8591, 8593, 8595, 8841 and 8842, Fish and Game Code.
History
1. Amendment of subsection (e) filed 4-7-76; effective thirtieth day thereafter (Register 76, No. 3.)
2. Amendment of subsection (i) filed 6-4-76; effective thirtieth day thereafter (Register 76, No. 23).
3. Amendment of subsection (e) filed 11-5-79 as an emergency; effective upon filing (Register 79, No. 45). A Certificate of Compliance must be filed within 120 days or emergency language will be repealed on 3-5-80.
4. Certificate of Non-Compliance filed 1-25-80 (Register 80, No. 4).
5. Editorial correction of subsection (e) (Register 80, No. 47).
6. Amendment of subsection (e) filed 2-19-81 as an emergency; effective upon filing (Register 81, No. 8). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 6-18-81.
7. Reinstatement of subsection (e) as it existed prior to emergency amendment filed 2-19-81 by operation of section 11346.1(b). Government Code (Register 81, No. 43).
8. Amendment filed 10-19-81; effective thirtieth day thereafter (Register 81, No. 43).
9. Editorial correction of History Notes No. 7 and No. 8 (Register 81, No. 47).
10. Amendment of subsection (b), new subsection (d), repealer of subsection (h) and relettering of former subsections (d)-(h) filed 3-18-83; effective thirtieth day thereafter (Register 83, No. 12).
11. Editorial correction of subsection (h)(1) filed 4-12-84; effective thirtieth day thereafter (Register 84, No. 15).
12. Amendment of subsections (c), (f) and (k)(2) filed 9-23-86; operative 10-23-86 (Register 86, No. 40).
13. Amendment of subsection (k) filed 12-8-89; operative 1-1-90 (Register 89, No. 50).
14. Amendment of subsection (d) filed 4-18-91; operative 5-19-91 (Register 91, No. 21)
15. Amendment of subsection (e) filed 3-5-2001; operative 3-5-2001 pursuant to Fish and Game Code sections 202 and 215 (Register 2001, No. 10).
16. Repealer of subsections (b) and (c), new subsection (b), subsection relettering, and amendment of newly designated subsections (d), (e), (h) and (i) filed 3-28-2001; operative 3-28-2001 pursuant to Government Code section 11343.4 (Register 2001, No. 13).
17. New subsections (f)(3)-(f)(5)(C), amendment of subsection (g)(1), new subsection (g)(7) and amendment of Note filed 12-17-2001; operative 1-16-2002 (Register 2001, No. 51).
18. Amendment of subsection (h) filed 3-26-2003; operative 3-26-2003 pursuant to Government Code section 11343.4 (Register 2003, No. 13).
19. Amendment of section heading, repealer and new section and amendment of Note filed 12-10-2008; operative 1-9-2009 (Register 2008, No. 50).
20. Amendment of first paragraph and subsection (b), new subsections (b)(1)-(2) and amendment of Note filed 10-26-2022; operative 11-1-2022 pursuant to Government Code section 11343.4(b)(3) (Register 2022, No. 43).
This database is current through 5/10/24 Register 2024, No. 19.
Cal. Admin. Code tit. 14, § 120, 14 CA ADC § 120
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