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§ 147. Granting and Issuance of Permits to Take and Use Anchovies by a Reduction Process.

14 CA ADC § 147BARCLAYS 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 § 147
§ 147. Granting and Issuance of Permits to Take and Use Anchovies by a Reduction Process.
Anchovies shall not be taken, possessed, landed, or processed for reduction purposes except under revocable permits issued pursuant to this section. Anchovies may be taken for reduction purposes in the Northern Permit Area from August 1 to June 30. Anchovies may be taken for reduction purposes in the Southern Permit Area from September 15 to June 30.
(a) Permits to Take, Possess, Land or Transport Anchovies.
(1) To Whom Issued. Revocable permits shall be issued to the owner or operator of a currently registered California commercial fishing vessel. Permits may not be transferred from one boat to another without authorization from the department. The individual to whom the permit is issued must be aboard when fishing for anchovies for reduction purposes. Any permittee whose permit has been revoked may not take or assist in taking anchovies for reduction purposes for the remainder of the season.
(2) 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.
(3) Conditions of Permits.
(A) Suspension of Permits. When the harvest quotas established by the commission in subsection (a)(3)(F) are close to being reached, the department will notify all permit holders of the closing date 48 hours prior thereto.
(B) Gear Specifications:
1. It is unlawful for any permittee to use a roundhaul net, with a wet-stretch mesh size less than 10/16 of an inch, except that the bag portion of a purse seine net may have a wet-stretch mesh size of not less than 8/16 of an inch, to take anchovies for reduction purposes. The bag portion of a purse seine net shall be constructed as a single unit and shall not exceed 12.5 percent of the total area of the net.
2. It is unlawful for any permittee to possess aboard his fishing vessel any fishing gear contrary to the above specifications when anchovies taken for reduction purposes are possessed aboard the vessel.
3. Minimum 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.
4. Notwithstanding these gear specifications, a permittee may, until April 1, 1986, possess and use a roundhaul net of smaller mesh size if, prior to use, the permittee has notified the department and has demonstrated to the department that the net was used in the California anchovy reduction fishery prior to May 24, 1983.
(C) Gear Inspection. Fishing gear possessed aboard a permittee's vessel shall be subject to inspection by the department at all times to determine compliance with gear specification requirements specified in subsection (a)(3)(B).
(D) Vessel Identification. The operator of any boat engaged in taking anchovies under these regulations shall at all times while operating such boat identify it by displaying on an exposed part of the superstructure, amidship on each side and on top of the house visible from the air, the department's registration number of the boat in 14-inch black numerals on white background.
(E) Declaration of Intent to Take, Possess, Land or Transport Anchovies for Reduction Purposes.
1. The provisions of subsection (a)(3)(E) shall apply only to vessels taking anchovies for reduction purposes as described in subsection (a)(3)(F)1. and 2.
2. No vessel shall be operated to take, carry or deliver anchovies for reduction purposes unless a declaration of intent has been filed regarding said vessel in accordance with these regulations.
3. Before a vessel operator can file a declaration of intent as required by subsection (a)(3)(E) he must be the operator of a vessel duly registered as provided by section 7881 of the Fish and Game Code, and must possess a valid commercial fishing license.
4. No vessel operating under the authority of a declaration of intent filed pursuant to these regulations shall take, carry or deliver anchovies for any purpose other than reduction except when taking anchovies for canning or live bait purposes as provided in subsection (a)(3)(E)12 of these regulations, or when operating pursuant to an exception filed in accordance with subsection (a)(3)(E)5 of these regulations. When operating under the authority of an exception, no anchovies may be taken for reduction purposes.
5. During the period for which the declaration is in force and effect, a named vessel may be used to take, carry and deliver anchovies for other than reduction purposes if, and only if, operator files an exception in accordance with the following provisions:
a. When the operator intends to use said vessel to take anchovies for purposes other than reduction, he shall so notify the Los Alamitos or Yountville offices of the department, either by letter or telegram, prior to the commencement of fishing. This notice shall be posted or sent prior to the commencement of fishing and shall be effective only on the vessel named.
b. The notice shall contain the following information: the calendar days for which the exception is to be effective; the purpose for which the anchovies are to be taken; and the name and registration number of the vessel.
6. Declaration of intent shall be filed with the department during normal working hours at the Yountville, San Diego or Los Alamitos office of the department. The declaration of intent shall be filed on forms furnished by the department.
7. Each declaration of intent shall specify the vessel to which it applies. Only one vessel may be specified on any one declaration, but a qualified applicant may file separate declarations for more than one vessel.
8. Except as otherwise provided, any declaration of intent filed pursuant to these regulations shall be in force only during the open season, or if filed after the beginning of such term, for the remainder thereof.
9. A copy of each declaration filed under subsection (a)(3)(E) to take anchovies shall be carried aboard the vessel to which it relates and shall be exhibited upon demand to the authorized representative of any reduction plant to which said vessel is delivering anchovies and upon demand to any officer of the department.
10. No vessel which has filed a declaration of intent to take, carry and deliver anchovies for purposes of reduction and has filed no exception thereto shall place any net in the water for the purpose of taking anchovies in any unauthorized area. In the event of any violation of this section, the operator of said vessel shall be deemed in violation thereof.
11. Whenever anchovies are possessed aboard a vessel for which declaration of intent to take, carry and deliver anchovies for reduction purposes has been filed and such declaration is in full force and effect, and not then subject to any notice of exception pursuant to subsection (a)(3)(E)5, it shall be conclusively presumed that said anchovies were taken and were being carried for reduction purposes.
12. Notwithstanding the other provisions of subsection (a)(3)(E), vessels operating under a declaration of intent to take anchovies for reduction purposes may also take anchovies for canning purposes, pursuant to the appropriate sections of the Fish and Game Code and of this section, and may also take anchovies for live bait purposes, providing that all conditions, laws, and regulations pertaining to the reduction fishery are adhered to while so engaged in live bait fishing.
(F) Permit Areas and Quotas.
1. Northern Permit Area. The area shall include the waters of the Pacific Ocean between the California-Oregon border and a line extending due west (true) from Point Buchon. Anchovies taken under the provisions of these regulations may be taken in all waters of the northern permit area described above, with the following exceptions: within Districts 2, 8, 9, 11, 12, 13, 15; the waters of Bodega and Tomales Bay; that portion of District 10 lying inshore of a line beginning at Pigeon Point (San Mateo County) northwesterly in a straight line to the U.S. Navigation Light on S.E. Farallon Island, northerly in a straight line to the U.S. Navigation Light on Pt. Reyes (Marin County); that portion of District 16 lying southerly of the Monterey Breakwater magnetic east to shoreline; that portion of District 18 within three miles of shore in the area lying between a line drawn magnetic west of Point Estero and a line drawn magnetic west of Point Buchon; and that portion of District 18 within three miles of shore in that area lying between a line drawn magnetic west of Point San Luis and a line drawn magnetic west of Arroyo Grande Creek.
2. Southern Permit Area. The area shall include the waters of the Pacific Ocean between the United States-Mexico International Boundary and a line extending due west (true) from Point Buchon. Anchovies taken under the provisions of these regulations may be taken in all waters of the southern permit area described above, with the following exceptions: within three miles of the mainland shore south of Point Buchon and in all districts or portions of districts where and at such times as the use of round-haul nets is prohibited; within four miles of the mainland shore between lines running 235o magnetic from the steam plant stack at Mandalay Beach and 205o magnetic from the steam plant stack at Ormond Beach; within the area encompassed by a line extending six miles 165o magnetic from Point Fermin, thence to a point located three miles offshore on a line 210o magnetic from Huntington Beach pier; within six miles of the mainland shore south of a line running 210o magnetic from the tip of the outer breakwater of Oceanside Harbor.
3. Quotas. If the department or department's designee does not produce a northern anchovy biomass estimate, total tonnage reserved for a harvest quota is 5,000 tons and is established on August 1 of each year. This quota is allocated evenly between northern and southern permit areas.
4. Adjustments to Quotas. If during the season the maximum quota set by the commission for the northern or southern permit areas should be approached, the commission will consider an increase in the quota for the area approaching its quota. After May 15, any tonnage remaining in the quota for the northern permit area will be made available to southern area permittees.
(b) Permits to Reduce Anchovies.
(1) Qualification of Permittee. To be eligible for a reduction permit under these regulations each applicant must have the license provided in section 8042(a) of the Fish and Game Code, and supply proof to the satisfaction of the department that the applicant can properly unload, weigh, and utilize anchovies for reduction before any permit is issued.
(2) Applications. All applications for permits to reduce whole anchovies for a given season must be received by the Fish and Game Commission, 1416 Ninth Street, Room 1320, Sacramento, CA 95814, (or by postal delivery to P.O. Box 944209, Sacramento, CA 94244-2090) on or before the close of business on the preceding July 15.
(3) Limitation of Permit. Not more than one permit shall be issued for each plant. Permits shall not be transferred without prior authorization from the commission.
(4) Duration of Permit. Except as otherwise provided, any permit issued pursuant to these regulations shall be in force only for the time as specified on such permit.
(5) Records. The permittee shall submit daily to the nearest office of the department receipts required under the provisions of section 8011 of the Fish and Game Code for all anchovies purchased or received that day for reduction.
(6) Plant Delivery. No reduction plant shall take delivery of anchovies from any vessel whose operator has not filed a declaration of intent required under subsection (a)(3)(E) to take, carry and deliver anchovies for reduction purposes.
(7) Weighing of Fish Landed. No anchovies intended for use or used in any reduction plant shall be unloaded from any vessel except at a weighing or measuring device approved by the Bureau of Weights and Measures. Such anchovies shall be weighed by a public weighmaster licensed as an individual under the laws of this state and a receipt as to such weight shall be immediately issued by him to the fisherman at the time of receipt of such anchovies. Copies of such receipt shall be handled in the manner provided in sections 8011 to 8014 of the Fish and Game Code.
(8) Fish from South of the International Boundary. Anchovies taken south of the United States-Mexico International Boundary and landed in California for reduction processes shall be included in the total quota set by these regulations for the southern permit area.
(c) These regulations shall be set forth in or attached to all permits. Permits shall be issued only upon conditions contained in the application and signed by the applicant that he has read, understands and agrees to be bound by all the terms of the permit. A copy of these regulations shall be given to every person who files a declaration of intent pursuant to these regulations.
(d) Revocation of Permits. Any permit may be revoked 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 holders thereof, their agents, servants, employees, or those acting under their direction and control.
Note: Authority cited: Sections 713, 1050, 7708 and 7881, Fish and Game Code. Reference: Sections 8076 and 8190, Fish and Game Code.
HISTORY
1. Amendment of subsections (a) and (a)(3)(E) filed 8-18-82; effective upon filing pursuant to Government Code section 11346.2(d) (Register 82, No. 34). For prior history, see Register 81, No. 42.
2. Amendment of subsections (a)(3)(B) and (a)(3)(C) filed 5-26-83 as an emergency; effective upon filing (Register 83, No. 22). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 9-23-83.
3. Certificate of Compliance including amendment of NOTE filed 9-16-83 (Register 83, No. 38).
4. Amendment filed 9-19-83; effective thirtieth day thereafter (Register 83, No. 38).
5. Editorial correction of NOTE filed 10-13-83 (Register 83, No. 42).
6. Amendment of subsection (a)(3)(F) filed 10-18-84; effective upon filing pursuant to Government Code section 11346.2(d) (Register 84, No. 42).
7. Amendment of subsection (a)(3)(F) filed 9-23-85; effective thirtieth day thereafter (Register 85, No. 38).
8. Amendment of subsection (a)(3)(f)3 filed 10-3-88; operative 11-2-88 (Register 88, No. 41).
9. Amendment of subsection (a) filed 4-18-91; operative 5-18-91 (Register 91, No. 21).
10. Amendment of subsections (a)(3)(E)1., (a)(3)(E)5., (a)(3)(E)5.a. and (a)(3)(E)6., repealer and new subsection (a)(3)(F)3. and amendment of Note filed 11-12-96; operative 11-12-96 pursuant to Fish and Game Code sections 202 and 215 (Register 96, No. 46).
11. Amendment of subsections (a)(2), (a)(3)(E)3., (a)(3)(E)5.a. and (a)(3)(E)6. and amendment of Note filed 10-5-2010; operative 11-4-2010 (Register 2010, No. 41).
12. Change without regulatory effect amending subsection (b)(2) 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 § 147, 14 CA ADC § 147
End of Document