§ 122. Spiny Lobster Permits and Restricted Areas.
14 CA ADC § 122Barclays Official California Code of RegulationsEffective: September 1, 2023
Effective: September 1, 2023
14 CCR § 122
§ 122. Spiny Lobster Permits and Restricted Areas.
(2) Under operator permits issued by the department, licensed commercial fishermen may take spiny lobsters for commercial purposes, but only with traps used pursuant to Fish and Game Code Section 9010, except that such traps shall only be used in Districts 18, 19, 20A, and that part of District 20 southerly of Santa Catalina Island between Church Rock and China Point. No other method of take is authorized for the commercial harvest of spiny lobsters.
(3) Any licensed commercial fisherman who does not possess a valid transferable or non-transferable lobster operator permit may purchase a lobster crewmember permit, authorizing him/her to accompany a lobster operator permit holder and to assist the lobster operator permit holder in the commercial take of spiny lobster.
(4) Procedures and Deadline for Permit Renewal. Applications for renewal of transferable and non-transferable lobster operator permits must be received by the department or, if mailed, postmarked no later than April 30 of each year. Late fees, late fee deadlines, and late renewal appeal provisions are specified in Fish and Game Code Section 7852.2. Any person denied a permit under this Section may submit a written request for an appeal to the commission to show cause why his/her permit request should not be denied. Such request must be received by the commission within 60 days of the department's denial.
(2) A person with a valid transferable lobster operator permit that has not been suspended or revoked may transfer his/her permit to another person licensed as a California commercial fisherman. The permit holder or the estate of the deceased permit holder shall submit the notarized transfer application and the nonrefundable permit-transfer fee specified in Section 705 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 holder shall transfer all department-issued trap tags to the transferee after the permit transfer has been approved by the department. The lobster operator permit shall be valid for the remainder of the permit year and may be renewed in subsequent years pursuant to this Section.
(A) If a transferable lobster operator permit is transferred to a person with a valid transferable lobster operator permit and non-transferable lobster operator permit, the non-transferable lobster operator permit shall become null and void and the permit and trap tags shall be immediately surrendered to the department's License and Revenue Branch.
(4) Upon the death of a person with a valid transferable lobster operator permit, that person's estate shall immediately, temporarily relinquish the permit to the department's License and Revenue Branch. Trap tags shall also be temporarily relinquished to the department's License and Revenue Branch. 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 2 years from the date of death of the permit holder as listed on the death certificate.
33° 35.316′ N. lat. 117° 52.744′ W. long.;
33° 34.365′ N. lat. 117° 52.374′ W. long.;
33° 34.412′ N. lat. 117° 52.294′ W. long.;
33° 35.368′ N. lat. 117° 52.658′ W. long.; and
33° 35.316′ N. lat. 117° 52.744′ W. long.
33° 27.262′ N. lat. 117° 41.492′ W. long.;
33° 26.511′ N. lat. 117° 42.061′ W. long.;
33° 26.477′ N. lat. 117° 41.850′ W. long.;
33° 27.201′ N. lat. 117° 41.286′ W. long.;
33° 27.409′ N. lat. 117° 41.522′ W. long.; and
33° 27.262′ N. lat. 117° 41.492′ W. long.
33° 12.344′ N. lat. 117° 24.166′ W. long.;
33° 12.332′ N. lat. 117° 24.164′ W. long.;
33° 11.775′ N. lat. 117° 25.155′ W. long.;
33° 11.659′ N. lat. 117° 24.928′ W. long.;
33° 12.233′ N. lat. 117° 24.047′ W. long.;
33° 12.362′ N. lat. 117° 23.975′ W. long.; and
33° 12.344′ N. lat. 117° 24.166′ W. long.
(e) Records. Pursuant to Section 190 of these regulations, any person who owns and/or operates any vessel used to take lobsters for commercial purposes shall complete and submit an accurate record of his/her lobster fishing activities on a form (Daily Lobster Log, DFW 122 (REV. 03/04/16), incorporated herein by reference) provided by the department.
(h) No SCUBA or other underwater breathing apparatus equipment shall be used to take lobster, except that this equipment may be used to locate and secure traps for retrieval. Lobsters contained in a trap that has been secured using SCUBA, or any other underwater breathing apparatus equipment, may be possessed after the trap has been serviced aboard the vessel only if the secured trap(s) has not exceeded the trap service interval requirement as specified in subsection 122.2(d) of these regulations.
Credits
Note: Authority cited: Sections 1050, 7075, 7078, 8254 and 8259, Fish and Game Code. Reference: Sections 1050, 2365, 7050, 7055, 7056, 7071, 7852.2, 8026, 8043, 8046, 8250, 8250.5, 8254, 9002, 9005, 9006 and 9010, Fish and Game Code.
History
1. Amendment of subsection (k) filed 10-12-77 as an emergency; effective upon filing (Register 77, No. 42). For prior history, see Register 73, No. 50.
2. Certificate of Compliance filed 12-16-77 (Register 77, No. 51).
3. Amendment of subsections (g) and (i) and new subsections (m) and (n) filed 5-15-80; effective thirtieth day thereafter (Register 80, No. 20).
4. Editorial correction of subsection (m) (Register 81, No. 19)
5. Amendment of Note filed 10-19-81; effective thirtieth day thereafter (Register 81, No. 43).
6. New subsection (j) and relettering of subsections (j)-(n) to subsections (k)-(o) filed 10-5-82; effective thirtieth day thereafter (Register 82, No. 41).
7. Amendment of subsection (g) filed 11-17-83; effective thirtieth day thereafter (Register 83, No. 47).
8. Amendment of subsection (l) filed 1-17-85; effective thirtieth day thereafter (Register 85, No. 3).
9. Amendment of subsections (h) and (k) filed 1-15-86; effective thirtieth day thereafter (Register 86, No. 3).
10. Amendment of subsection (m) filed 12-8-89; operative 1-1-90 (Register 89, No. 50).
11. Amendment of subsection (h) filed 9-4-90; operative 9-4-90 (Register 90, No. 42).
12. Amendment of subsection (a) and Note filed 11-1-94; operative 11-1-94 pursuant to Government Code section 11346.2(d) (Register 94, No. 44).
13. Amendment of subsections (a)-(b) filed 9-6-95; operative 9-6-95 pursuant to Government Code section 11343.4(d) (Register 95, No. 36).
14. Amendment of section and Note filed 9-10-96; operative 10-10-96 (Register 96, No. 37).
15. Editorial correction of subsections (g) and (n) and Note (Register 98, No. 37).
16. Repealer of subsections (d)(1)-(d)(1)(B), amendment of subsection (f)(1) and new subsection (o)(2)(C) filed 9-9-98; operative 9-9-98 pursuant to Government Code section 11343.4(d) (Register 98, No. 37).
17. Amendment redesignating former subsection (e)(1) as subsection (e), redesignating and amending former subsection (f)(1) as subsection (f) and repealing subsections (e)(2) and (f)(2)-(f)(3) filed 6-16-2003; operative 7-16-2003 (Register 2003, No. 25).
18. New subsection (i) and subsection relettering filed 3-8-2005; operative 4-7-2005 (Register 2005, No. 10).
19. Amendment of section and Note filed 7-13-2005; operative 7-13-2005 pursuant to Government Code section 11343.4 (Register 2005, No. 28).
20. Amendment of subsection (f) and Note filed 7-8-2008; operative 7-8-2008 pursuant to Government Code section 11343.4 (Register 2008, No. 28).
21. Amendment filed 10-7-2009; operative 11-6-2009 (Register 2009, No. 41).
22. Amendment of subsection (r)(1) filed 10-5-2010; operative 11-4-2010 (Register 2010, No. 41).
23. Amendment of section heading and section filed 3-2-2017; operative 4-1-2017 pursuant to Government Code section 11343.4(b)(3) (Register 2017, No. 9).
24. Amendment of subsection (d)(2)(B) filed 9-29-2017; operative 9-29-2017 pursuant to Government Code section 11343.4(b)(3) (Register 2017, No. 39).
25. Amendment of subsections (a) and (a)(2) and amendment of Note filed 7-24-2023; operative 9-1-2023 pursuant to Government Code section 11343.4(b)(3) (Register 2023, No. 30).
This database is current through 5/10/24 Register 2024, No. 19.
Cal. Admin. Code tit. 14, § 122, 14 CA ADC § 122
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