§ 163. Pacific Herring Permits.
14 CA ADC § 163Barclays Official California Code of RegulationsEffective: January 1, 2024
Effective: January 1, 2024
14 CCR § 163
§ 163. Pacific Herring Permits.
(1) San Francisco Bay. As of April 1, 2020, all Odd, Even, and December, referred to as ‘DH’, gill net permits not designated as HEOK in the 2019 permit year were converted to Temporary permits and all converted roundhaul, referred to as ‘CH’, gill net permits not designated as HEOK in the 2019 permit year were converted to San Francisco Bay herring permits. Herring permits issued to partnerships were converted to individual permits on April 1, 2020.
(A) Temporary Permit. Each Temporary permit allows the permittee to fish one gill net of 65 fathoms or less in San Francisco Bay (defined in subsection 163.1(a)(1)). Permittees may hold a maximum of two Temporary permits. If a permittee holds two Temporary permits these will be automatically converted to a San Francisco Bay herring permit. Conversion to a San Francisco Bay herring permit is permanent. Subject to the terms and conditions in subsection (h), Temporary permits are transferrable prior to April 1, 2025. At that time, they become non-transferrable and non-renewable. No new Temporary permits will be issued.
(B) San Francisco Bay Herring Permit. Each San Francisco Bay herring permit allows the permittee to fish two gill nets of 65 fathoms or less each in San Francisco Bay. Permittees may hold a maximum of one San Francisco Bay herring permit. San Francisco Bay herring permits are renewable and transferrable subject to the terms and conditions in subsections (c) and (h). No San Francisco Bay herring permits will be issued to new applicants until after March 31, 2025.
(2) Tomales Bay Herring Permit. Each Tomales Bay herring permit allows the permittee to fish two gill nets of 65 fathoms or less each in Tomales Bay (defined in subsection 163.1(a)(2)). Tomales Bay herring permits are renewable and transferrable subject to the terms and conditions in subsections (c) and (h).
(3) Humboldt Bay Herring Permit. Each Humboldt Bay herring permit allows the permittee to fish in combination no more than 150 fathoms of gill net, or a single small-scale lampara net (defined in subsection 163.1(c)(5)) in Humboldt Bay (defined in subsection 163.1(a)(3)). Humboldt Bay herring permits are renewable and subject to the terms and conditions in subsections (c) and (h).
(4) Crescent City Herring Permit. Each Crescent City herring permit allows the permittee to fish in combination no more than 150 fathoms of gill net in Crescent City Harbor (defined in subsection 163.1(a)(4)). Crescent City herring permits are renewable and transferrable subject to the terms and conditions in subsections (c) and (h).
(5) Herring Eggs on Kelp (HEOK) Permit. As of April 1, 2020, all Odd, Even, and DH HEOK permits will be converted to HEOK permits, and all CH HEOK permits will be converted to one HEOK permit and one Temporary permit each. A HEOK permit allows the permittee to take HEOK subject to the terms and conditions in Section 164. Odd, Even, and December permittees with permits designated as HEOK in 2019 have until March 31, 2021 to elect to convert their HEOK permit to a Temporary gill net permit. HEOK permits are renewable and transferrable subject to the terms and conditions in subsections (c) and (h). New applicants may apply for any available HEOK permits after March 31, 2021.
(B) Permittees must designate a currently registered vessel on the form DFW 1377. Up to two Temporary permits or one permit of any other classification of herring permit may be assigned to a single vessel. Two Temporary permits held by different permittees may be jointly fished on a single vessel upon submission of the completed form Season Request for Changes to Herring Permits DFW 1322-2, as specified in subsection 705(b) to the department. No permit shall be valid for more than one vessel at a time.
(C) A change in a permit's vessel designation may be authorized by the department upon application by the permittee using form DFW 1322-2, and payment of the fee, as specified in subsection 705(b). The fee for any approved boat transfer pursuant to this paragraph must be submitted with the form DFW 1322-2 to the department's License and Revenue Branch, Sacramento. Any permittee denied a boat transfer pursuant to this paragraph may submit an appeal in writing to the commission within 60 days of such denial to show cause why their request should not be denied. The written appeal shall specifically identify the legal and factual grounds for challenging the department's action. The commission shall forward to the department a copy of all materials received from the applicant. The department shall respond in writing within 60 days of receipt of materials.
(B) The permittee shall receive written approval from the department before using a vessel for harvesting, processing or transporting HEOK. The permittee shall list the name and department registration number issued pursuant to Section 7881 of the Fish and Game Code of any vessel that will be used for harvesting, processing or transporting HEOK under the authority of the permit on the form DFW 1406.
(C) Each HEOK permittee may designate two authorized agents to operate under their permit on the application form DFW 1406. A copy of the current California commercial fishing license for each authorized agent shall be submitted with form DFW 1406. Any person designated as an authorized agent shall act as an authorized agent only after the permittee has received written approval from the department.
(9) Any person denied a permit under this section may submit an appeal in writing to the commission to show cause why their permit request should not be denied. The written appeal shall specifically identify the legal and factual grounds for challenging the department's action. Such request must be received by the commission within 60 days of the department's denial. The commission shall forward to the department a copy of all materials received from the applicant. The department shall respond in writing within 60 days of receipt of materials and shall further process all appeals pursuant to the procedure outlined in subsection 671.1(c)(7).
(3) Applications for new herring and HEOK permits shall be made available each year on April 15 through the department's Automated License Data System at department license sales offices, the department's Internet Sales site and at retail License Agents authorized to sell commercial fishing licenses.
(A) Random selection using computer generated random numbers will be used to determine which applicants will be awarded permits and which applicants will be alternates. Successful applicants and a list of alternates shall be determined within 20 business days following the application deadline date. If the drawing is delayed due to circumstances beyond the department's control, the department shall conduct the drawing at the earliest date possible.
(B) The permittee or their authorized agent shall be immediately present during harvesting, processing, and transporting herring eggs under the authority of the permit. The permit shall list the names of all authorized agents and all vessels used for harvesting, processing or transporting herring eggs under the authority of the permit. (This includes the attachment of any changes approved by the department after the permit is issued).
(1) When herring or HEOK 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 ten 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.
(2) Any permit may be suspended, revoked, or canceled by the department upon breach or violation of any regulation pertaining to the take of herring; or violation of the terms or conditions of the permit by the holders thereof, their agents, employees, or those acting under their direction and control. A permittee whose permit has been suspended or revoked for conviction of a violation of Fish and Game Code statutes or Division 1, Title 14, CCR, while fishing as a participant in the herring fishery may request a hearing before the commission to show cause why their herring fishing or buying privileges should be restored.
(4) If a herring permit is suspended or revoked due to the actions of a vessel operator or authorized agent who also holds a herring permit, the person who was acting as the vessel operator or authorized agent will receive the same penalty against their own permit as received by the permittee, pursuant to Section 163.1 and Section 164.
(5) A person whose herring permit has been revoked by the department shall not participate in any herring fishery during the season in which it was revoked and the following season. A person whose herring permit has been suspended for the entire season by the department shall not participate in any herring fishery during the season in which the permit is suspended. A person whose herring permit has been suspended for a period less than the entire season by the department shall not participate in any herring fishery sector during the period that the permit is suspended.
(6) A permittee whose permit has been suspended or revoked for conviction of a violation of Fish and Game Code statutes or Division 1, Title 14, CCR, while fishing as a participant in the herring fishery may submit an appeal in writing to the commission within 60 days of such suspension or revocation to show cause why their herring fishing privileges should be restored. The written appeal shall specifically identify the legal and factual grounds for challenging the department's action. The commission shall forward to the department a copy of all materials received from the applicant. The department shall respond in writing within 60 days of receipt of materials, and shall further process all appeals pursuant to the procedure outlined in subsection 671.1(c)(7).
(1) Except as provided in this section, a permit shall not be assigned or transferred. The department may deny any transfer request submitted in accordance with this section, or may revoke an approved transfer, for violation of any relevant permit condition, section of these regulations, or Fish and Game Code.
(2) A person with a valid transferable permit that has not been suspended or revoked may transfer their permit to another person licensed as a California commercial fisherman. The permit holder or the estate of the deceased permit holder shall submit form DFW 1322-2, specified in subsection 705(b), and the nonrefundable permit transfer fee specified, for each permit transfer. The transfer shall take effect on the date written notice of approval of the application is given to the transferee by the department. The permit shall be valid for the remainder of the permit year and may be renewed in subsequent years pursuant to this section.
(4) Upon the death of a person with a valid permit, that person's estate shall immediately, temporarily relinquish the permit to the department's License and Revenue Branch, Sacramento. The estate may renew the permit as provided for in this section if needed to keep the permit valid. The estate may transfer the permit pursuant to this section no later than two years from the date of death of the permit holder as listed on the death certificate.
(5) Any applicant who is denied transfer of a permit may submit an appeal in writing to the commission to show cause why their permit transfer request should not be denied. The written appeal shall specifically identify the legal and factual grounds for challenging the department's actions. Such request must be received by the commission within 60 days of the date of the department's denial. The commission shall forward to the department a copy of all materials received from the applicant. The department shall respond in writing within 60 days of receipt of materials.
(1) Notwithstanding any other portion of this section, the department may authorize the holder of a valid herring permit to collect herring during a closed season or in a closed area for research, subject to such restrictions regarding gear(s), date(s), location(s), time(s), size, poundage or other matters as specified by the department. Any fish and/or data collected during such activity shall be made available to the department.
Credits
Note: Authority cited: Sections 7071 and 7078, Fish and Game Code. Reference: Sections 7056, 7071, 7078, 7087, 7857, 7858 and 7881, Fish and Game Code.
History
1. Amendment of subsections (a), (e)-(h) and (j) filed 9-15-88; operative 10-15-88 (Register 88, No. 39). For prior history, see Register 87, No. 47.
2. Amendment of subsection (h) filed 12-21-88 as an emergency; operative 12-21-88 (Register 89, No. 1). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 4-20-89.
3. Amendment filed 11-27-89 as an emergency; operative 11-27-89 (Register 90, No. 2). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 3-27-90.
4. Certificate of Compliance as to 11-27-89 order transmitted to OAL 3-26-90 and filed 4-24-90 (Register 90, No. 19).
5. Amendment of subsection (c) filed 4-18-91; operative 5-18-91 (Register 91, No. 21).
6. Amendment of first paragraph, subsections (a)(4)-(5), (b)(2), (c)(1), (c)(1)(C), (c)(1)(D)2, (c)(2), (e)(2), (e)(4), (f)(2), (f)(2)(C)-(E), (g)(3)(A)-(B), (g)(4), (h) and (j) and adoption of subsection (e)(7) filed 12-13-91; operative 12-13-91 pursuant to Government Code section 11346.2 (d) (Register 92, No. 13).
7. Amendment of subsections (b)(2), (c)(1), (c)(3), (e)(3), (e)(7), (e)(7)(B)(4), (f)(2)(B)-(C), (g)(3)(A)-(B), (g)(4)-(g)(4)(B), and (h)(1)-(7) filed 11-10-92; operative 12-10-92 (Register 92, No. 46).
8. Amendment of section text and Note filed 10-28-93; operative 11-28-93 (Register 94, No. 45).
9. Amendment of section text and Note filed 11-3-94; operative 11-3-94 pursuant to Government Code section 11346.2(d) (Register 94, No. 45).
10. Amendment of section and Note filed 11-7-95; operative 11-7-95 pursuant to Fish and Game Code sections 202 and 215 (Register 95, No. 45).
11. Amendment filed 11-12-96; operative 11-12-96 pursuant to Fish and Game Code sections 202 and 215 (Register 96, No. 46).
12. Amendment of section and Note filed 10-8-97; operative 10-8-97 pursuant to Government Code section 11343.4(d) (Register 97, No. 41).
13. Amendment filed 10-30-98; operative 10-30-98 pursuant to Fish and Game Code sections 202 and 215 (Register 98, No. 44).
14. Amendment of subsections (a)(1), (c)(1)(B), (c)(1)(C), (c)(2), (f)(2)(B), (f)(2)(D), (g)(3)(A), (g)(4), (g)(4)(A), (h)(3)-(h)(3)(D), (h)(4), (i) and (j)(2)(B) and repealer of subsections (g)(3)(A)1.-4. filed 11-1-99; operative 11-1-99 pursuant to Fish and Game Code section 202 (Register 99, No. 45).
15. Amendment filed 10-27-2000; operative 10-27-2000 pursuant to Government Code section 11343.4(d) (Register 2000, No. 43).
16. Amendment of first paragraph and amendment of subsections (a)(6), (b)(2), (e)(3), (e)(4), (e)(6), (f)(2)(B) and (f)(2)(F), new subsections (f)(2)(G)-(H) and amendment of subsections (g)(3)(A), (g)(4)-(g)(4)(B), (h)(3)-(h)(3)(D), (h)(4), (i), (j)(2) and (j)(8) filed 10-31-2001; operative 11-1-2001 pursuant to Fish and Game Code section 215 (Register 2001, No. 44).
17. Amendment of first paragraph and subsections (a)(4), (b)(2), (c)(1)(D)2., (e)(5), (f)(1), (f)(2)(B), (f)(2)(D), (g)(3)(A), (g)(4)-(g)(4)(B) and (h)(3)-(h)(4) filed 10-21-2002; operative 10-21-2002 pursuant to Government Code section 11343.4 (Register 2002, No. 43).
18. Amendment of subsections (f)(2)(B), (f)(2)(D), (g)(3)(A), (g)(4)-(g)(4)(B) and (h)(3)-(h)(4) and amendment of Note filed 11-13-2003; operative 11-15-2003 pursuant to Government Code section 11343.4 (Register 2003, No. 46).
19. Amendment of subsections (f)(2)(B), (g)(3)(A), (g)(4), (h)(3)-(4) and (h)(7) filed 11-3-2004; operative 11-3-2004 pursuant to Government Code section 11343.4 (Register 2004, No. 45).
20. Amendment of subsections (f)(2)(A)-(B), (g)(3)(A), (g)(4)-(g)(4)(A) and (h)(3)-(h)(5) filed 12-19-2005; operative 12-19-2005 pursuant to Government Code section 11343.4 (Register 2005, No. 51).
21. Amendment filed 12-1-2006; operative 12-1-2006 pursuant to Government Code section 11343.4 (Register 2006, No. 48).
22. Amendment of first paragraph and subsections (b)(1), (b)(3), (f)(2)(A), (g)(4)-(g)(4)(A) and (h)(3)-(4) filed 11-28-2007; operative 11-28-2007 pursuant to Government Code section 11343.4 (Register 2007, No. 48).
23. Repealer and new subsection (b)(3) and amendment of Note filed 7-8-2008; operative 7-8-2008 pursuant to Government Code section 11343.4 (Register 2008, No. 28).
24. Amendment of subsections (b)(1), (g)(4)-(g)(4)(A) and (h)(3)-(4) filed 10-23-2008; operative 11-22-2008 (Register 2008, No. 43).
25. Amendment of subsection (h)(6) filed 7-13-2009 as an emergency; operative 7-13-2009 (Register 2009, No. 29). A Certificate of Compliance must be transmitted to OAL by 1-11-2010 or emergency language will be repealed by operation of law on the following day.
26. Amendment of first paragraph and subsections (b)(1), (c)(3), (e)(4), (f)(2)(A), (g)(4)-(g)(4)(B) and (h)(3), repealer of subsections (h)(3)(A)-(D), amendment of subsections (h)(4) and (h)(6), repealer of subsection (h)(7) and amendment of Note filed 11-18-2009; operative 12-18-2009 (Register 2009, No. 47).
27. Amendment of introductory paragraph and subsections (b), (c)(2)-(3), (e)(4), (f)(2)(A), (g)(4)-(g)(4)(B) and (h)(3), new subsections (h)(3)(A)-(C) and (h)(7) and amendment of subsections (h)(4) and (h)(6) filed 11-9-2010; operative 12-9-2010 (Register 2010, No. 46).
28. Amendment of first paragraph and subsections (b)(1), (c)(2), (e)(4), (f)(1), (f)(2)(D), (g)(4), (h)(3)-(4), (j) and (j)(8) filed 11-17-2011; operative 12-17-2011 (Register 2011, No. 46).
29. Amendment of subsections (g)(4)-(g)(4)(A) and (h)(3)-(4) filed 11-2-2012; operative 11-2-2012 pursuant to Government Code section 11343.4 (Register 2012, No. 44).
30. Amendment filed 10-30-2013; operative 10-30-2013 pursuant to Government Code section 11343.4(b)(3) (Register 2013, No. 44).
31. Amendment of subsection (g)(4) filed 10-13-2014; operative 10-13-2014 pursuant to Government Code section 11343.4(b)(3) (Register 2014, No. 42).
32. Amendment of subsection (g)(4) filed 11-30-2015; operative 12-1-2015 pursuant to Government Code section 11343.4(b)(3) (Register 2015, No. 49).
33. Amendment of section heading, repealer and new section and amendment of Note filed 2-27-2020; operative 3-1-2020 pursuant to Government Code section 11343.4(b)(4)(A) and Fish and Game Code section 265 (Register 2020, No. 9).
34. Amendment of subsections (c)(5)(B)-(C), (c)(6)(A)-(C), (c)(6)(E), (d)(5)(C)-(D) and (e)(3)(B) and amendment of Note filed 9-2-2020; operative 11-30-2020 pursuant to Government Code section 11343.4(b)(3) (Register 2020, No. 36).
35. Amendment of section and Note filed 11-21-2023; operative 1-1-2024 (Register 2023, No. 47).
This database is current through 5/10/24 Register 2024, No. 19.
Cal. Admin. Code tit. 14, § 163, 14 CA ADC § 163
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