§ 164. Harvest of Herring Eggs on Kelp.
14 CA ADC § 164Barclays Official California Code of RegulationsEffective: January 1, 2024
Effective: January 1, 2024
14 CCR § 164
§ 164. Harvest of Herring Eggs on Kelp.
(a) Definitions. Herring Eggs on Kelp (HEOK) may only be taken by harvesting giant kelp (Macrocystis spp.), with spawn (i.e., eggs) attached, which has been artificially suspended using the following two (2) methods: rafts and/or lines, a technique commonly known as the “open pound” method. For the purposes of the HEOK fishery only, the following definitions shall apply:
(D) If kelp lines are suspended under a permanent structure (e.g., pier or dock), or if a raft is tied up to a permanent structure (e.g., pier, dock or rock wall, natural stationary shoreline structures), the permittee shall obtain prior written approval from the appropriate owners or controlling agency (e.g., wharfinger, Coast Guard, Navy or private owner). Buoys are not permanent structures.
(1) For the purposes of this section, all portions of the kelp blade, including all trimmed-off portions (trim), shall be considered part of the harvested product and included in the total weight of HEOK. The stipe and pneumatocyst shall not be considered a part of the harvested product; therefore, the weight of the stipe and pneumatocyst shall not be considered in determining the total weight of HEOK.
(2) All bins or totes shall be permanently marked with individualized serial numbers, beginning with the prefix CA, and predetermined tare weights (including lids). The serial number and predetermined tare weight shall be permanently marked in letters and numerals at least 3 inches high on each side of the bin or tote.
(6) All HEOK landed in excess of any quota established in accordance with Section 55.02(d) of these regulations shall be forfeited to the department by the signing of a Release of Property form DFW 1108, as specified in subsection 705.1(c). Such excess of HEOK shall be sold or disposed of, and the proceeds from all such sales shall be paid into the Fish and Game Preservation Fund.
(1) Any person engaged in, or employed for the specific purpose of, processing HEOK shall fall under the category of non-applicability in regard to possession of a commercial fishing license pursuant to Section 7850.5 of the Fish and Game Code. Pursuant to Section 7850.5 of the Fish and Game Code, a person engaged in processing (permittees and authorized agents excepted) may stand aboard a HEOK vessel while at a dock or landing, but may not be transported aboard the vessel. A person engaged in processing (permittees and authorized agents excepted) may not stand on the HEOK raft, nor physically participate in the removal of HEOK from the water.
Credits
Note: Authority cited: Sections 7071 and 7078, Fish and Game Code. Reference: Section 7071, Fish and Game Code.
History
1. New section filed 10-8-69 as an emergency; designated effective 11-10-69 (Register 69, No. 41). For history of prior section, see Register 63, No. 1.
2. Certificate of Compliance--section 11422.1, Government Code, filed 12-17-69 (Register 69, No. 51).
3. Amendment filed 6-30-78; effective thirtieth day thereafter (Register 78, No. 26).
4. Amendment of Note filed 10-19-81; effective thirtieth day thereafter (Register 81, No. 43).
5. Amendment filed 3-29-90; operative 3-29-90 (Register 90, No. 19).
6. Amendment of subsections (i) and (j) filed 10-23-91; operative 11-22-91 (Register 92, No. 5).
7. Amendment of subsections (f)(2), (i) and (i)(2) filed 11-10-92; operative 12-10-92 (Register 92, No. 46).
8. Amendment of subsections (i)(2) and (j)(2), new subsection (j)(2)(D) and amendment of Note filed 10-28-93; operative 11-28-93 (Register 94, No. 45).
9. Amendment of subsections (i)(2), (i)(4), (j)(2), (j)(3), (j)(5) and (j)(6) filed 11-30-94; operative 11-3-94 pursuant to Government Code section 11346.2(d) (Register 94, No. 45).
10. Amendment filed 11-7-95; operative 11-7-95 pursuant to Fish and Game Code section 202 and 215 (Register 95, No. 45).
11. Amendment of subsections (j)(3)(D)-(j)(4) and Note filed 11-15-95; operative 11-15-95 pursuant to Fish and Game Code sections 202 and 215 (Register 95, No. 46).
12. Amendment of subsections (c), (i)(4)(A), (i)(5), (j)(7) and (j)(7)(B) filed 11-12-96; operative 11-12-96 pursuant to Fish and Game Code sections 202 and 215 (Register 96, No. 46).
13. Amendment of section and Note filed 10-17-97; operative 10-17-97 pursuant to Government Code section 11343.4(d) (Register 97, No. 42).
14. Amendment of subsection (i)(4), repealer of subsection (j)(3)(A)-(C) designators and amendment of newly reorganized subsection (j)(3) filed 10-30-98; operative 10-30-98 pursuant to Fish and Game Code sections 202 and 215 (Register 98, No. 44).
15. Amendment of subsections (a), (f)(2), (g)(1), (i)-(i)(5), (j)(5) and (m) and new subsections (f)(3) and (i)(6) filed 11-1-99; operative 11-1-99 pursuant to Fish and Game Code section 202 (Register 99, No. 45).
16. Amendment filed 10-27-2000; operative 10-27-2000 pursuant to Government Code section 11343.4(d) (Register 2000, No. 43).
17. Amendment of section and Note filed 10-31-2001; operative 11-1-2001 pursuant to Fish and Game Code section 215 (Register 2001, No. 44).
18. Amendment of subsections (h)(1), (j), (j)(4) and (k)(8)(B) filed 10-21-2002; operative 10-21-2002 pursuant to Government Code section 11343.4 (Register 2002, No. 43).
19. Amendment of subsections (h)(1), (i) and (j)(4) filed 11-13-2003; operative 11-15-2003 pursuant to Government Code section 11343.4 (Register 2003, No. 46).
20. Amendment of subsections (e) and (f)(1)(B), new subsection (f)(1)(C) and amendment of subsections (h)(1), (i)-(j), (j)(4), (k)(5) and (k)(9) filed 11-3-2004; operative 11-3-2004 pursuant to Government Code section 11343.4 (Register 2004, No. 45).
21. Amendment of subsections (h)(1) and (j)(4) filed 12-19-2005; operative 12-19-2005 pursuant to Government Code section 11343.4 (Register 2005, No. 51).
22. Amendment of subsections (h)(1), (j)(6) and (n) filed 12-1-2006; operative 12-1-2006 pursuant to Government Code section 11343.4 (Register 2006, No. 48).
23. Amendment of subsections (h)(1) and (j)(4) filed 11-28-2007; operative 11-28-2007 pursuant to Government Code section 11343.4 (Register 2007, No. 48).
24. Amendment of subsection (h)(1), repealer and new subsection (h)(2) and amendment of Note filed 7-8-2008; operative 7-8-2008 pursuant to Government Code section 11343.4 (Register 2008, No. 28).
25. Amendment of subsections (h)(1) and (j)(4) filed 10-23-2008; operative 11-22-2008 (Register 2008, No. 43).
26. Amendment of subsections (e)(3), (h)(1) and (j)(4) and amendment of Note filed 11-18-2009; operative 12-18-2009 (Register 2009, No. 47).
27. Amendment of subsections (h)(1) and (j)(4) filed 11-9-2010; operative 12-9-2010 (Register 2010, No. 46).
28. Amendment of subsections (h)(1), (j)(4) and (j)(6) and amendment of Note filed 11-17-2011; operative 12-17-2011 (Register 2011, No. 46).
29. Amendment of subsection (j)(4) filed 11-2-2012; operative 11-2-2012 pursuant to Government Code section 11343.4 (Register 2012, No. 44).
30. Amendment of subsections (c), (g)(3), (j), (j)(2), (j)(4)-(5), (j)(7), (k)(2), (k)(8)(B) and (m) and amendment of Note 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)(3) filed 10-13-2014; operative 10-13-2014 pursuant to Government Code section 11343.4(b)(3) (Register 2014, No. 42).
32. Amendment of subsections (g)(3), (h)(2) and (j)(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 (a)-(a)(1), new subsections (a)(1)(A)-(C), amendment of subsections (a)(3), (d)(1)(E)-(F), (f)-(g) and (h)(4) 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 subsection (h)(6) 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, § 164, 14 CA ADC § 164
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