§ 91. Marine Fisheries: Experimental Fishing Permit Program.
14 CA ADC § 91Barclays Official California Code of RegulationsEffective: April 1, 2022
Effective: April 1, 2022
14 CCR § 91
§ 91. Marine Fisheries: Experimental Fishing Permit Program.
(a) Purpose and scope. This section implements the Experimental Fishing Permit (EFP) Program pursuant to Section 1022 of the Fish and Game Code. The commission may authorize the department to issue an EFP for commercial or recreational marine fishing activities otherwise prohibited by the Fish and Game Code or any regulation adopted pursuant thereto for authorized activities.
(4) Authorized agent: An individual who may conduct authorized activities and serve in place of the EFP holder for all activities requiring the presence or action of the EFP holder and who is named on form DFW 1103, Marine Fisheries: Experimental Fishing Permit Terms and Conditions (see subsection 704(b)(2) of these regulations), if applicable.
(7) Entity administrator: An individual designated by an entity who shall oversee all activities conducted under the permit on the entity's behalf and serve as the primary point of contact for department inquires for the EFP. Both the entity and entity administrator shall be liable for any violations of this section or any authorizations, terms, or conditions of the EFP.
(1) Pre-application consultation. Prior to applying for the EFP, a prospective applicant must consult with the department's marine region for consideration of any request for assistance from the department pursuant to subsection (c)(2)(C) or a permit fee reduction option pursuant to subsection (m)(3). Pre-application consultation is encouraged but not required for all other EFP proposals. Requests for consultation must be submitted in writing to the appropriate point of contact listed on the department's EFP web page: https://wildlife.ca.gov/Conservation/Marine/EFP.
(2) An application packet. An applicant shall submit a written application packet, either electronically to the email address, or by delivery to the mailing address listed on the department's EFP web page (https://wildlife.ca.gov/Conservation/Marine/EFP) and pay the non-refundable application fee as specified in subsection 704(b)(1) of these regulations. To be complete, the application packet must contain the following elements:
1. If any key participant does not have a GO ID or CFL number, they must provide the following information: their true name, residence address, date of birth, height, color of eyes, color of hair, weight, gender, telephone number, email address, and a form of identification as listed in subsection 700.4(c) of these regulations.
(C) A statement of qualifications demonstrating the ability of the key participants to perform the duties and responsibilities listed in this subsection. If the applicant does not have the capability to directly perform or oversee the performance of the following duties and responsibilities, the applicant may request assistance from the department pursuant to subsection (c)(1).
(D) The specific permit tier (see subsection (m)(2)) for which the applicant is applying and what consultation, if any, has occurred with the department regarding the proposed project, including the name and contact information of the department staff with whom the applicant has consulted in accordance with subsection (c)(1).
1. A description of the experimental design and research plan, including the methodology of the project with specific procedures for data collection, storage, processing, and analysis; and a timeline for implementing the project, including, if applicable, the time period during which compensation fishing is expected to occur.
3. A list of species expected to be taken incidental to fishing conducted under the EFP, including anticipated amounts (weight or number), disposition of incidental species taken (retained, sold, discarded, or other (e.g., tagged and released)), and a description of any measures that will be used to reduce incidental catch mortality.
4. A description of the mechanisms to ensure that the proposed catch limit (weight or number) for target and incidental species are not exceeded and are accurately tracked or monitored (e.g., at sea fisheries observers, electronic monitoring, or other reporting method), if any; and, if applicable, a description of the vessel's capacity to accommodate an onboard observer.
6. The type and amount of gear to be used, including gear specifications and design, and, if applicable, a description of any bycatch reduction devices that will be used. If the project involves gear modifications or other gear innovations, the description must include the means by which department staff can locate, retrieve, and inspect the proposed gear.
7. The location and timing of the project. The description must include trip specifications, such as fishing depth, anticipated number of trips, expected trip duration, and estimated number of hauls and average soak time (for fixed gear) or estimated number of tows/sets to be made per day, and estimated duration and speed per tow (for mobile gear). For vessels listed under subsection (c)(2)(F), the description must also identify any fishing activity that is expected to occur on the same trip as the project for purposes other than those provided by the EFP.
4. For any vessel that will not be used in commercial fishing activity related to the permit, the commercial boat registration number issued pursuant to Section 7881 of the Fish and Game Code or a copy of the United States Coast Guard Certificate of Documentation. If there is no commercial boat registration number or Certificate of Documentation for the vessel, a copy of the vessel's state registration is required.
2. The department may reject an application if any key participant has failed to comply with the terms or conditions of a state or federal fishing license or permit, has violated any provision of the Fish and Game Code or regulations adopted thereto or any applicable federal or state law regulating fishing activities, has had a fishing license or permit suspended or revoked, or has been convicted of a crime of moral turpitude.
(2) Department technical review and recommendation. Within 60 days after an accepted application is transmitted to the commission, the department shall develop and transmit to the commission a recommendation, including any permit special conditions. In developing its recommendation, the department shall consider the information provided pursuant to subsection (c)(2) and may request of the applicant any additional information it deems necessary to evaluate the project for purposes of developing permit special conditions and shall report any failure to comply with such requests to the commission.
(3) Time extension for department review. During its review of an EFP application, the department may extend any of the time limits specified in subsection (d). The department shall provide written notification of the time extension under subsection (d)(1) to the applicant, and under subsection (d)(2) to the commission and the applicant. The written notification shall include an explanation of the reason additional time is required.
(1) Notice of receipt of an accepted EFP application. Within 5 working days of receipt of an accepted application, the commission shall send notice to interested persons pursuant to subsection (e)(3), including a summary of the proposed project, species involved, and opportunities for public comment.
2. Based on the best scientific information available, alone or in combination with other approved EFPs, the project would have a detrimental effect on any fish stock, marine mammal, or species designated as threatened, endangered, or fully protected; or have an adverse impact on any resource or resource allocation, established fisheries, or marine habitat.
(B) Upon amending the special conditions of the EFP, the department shall provide written notification to the commission and EFP holder, including the reasons for the amendments, and the EFP holder's right to request that the department review and reconsider the department's amended conditions pursuant to subsection (p).
(2) EFP holder requested amendments. At any time during the term of the permit, EFP holders may request amendments to their EFP by submitting a written request, either electronically or by delivery to the mailing address listed on the department's EFP web page (https://wildlife.ca.gov/Conservation/Marine/EFP) and paying the applicable non-refundable amendment fee as specified in subsection 704(c) of these regulations. The written request must include a description of the proposed changes and the reasons for the changes.
(1) The EFP holder shall submit an annual report to the department by the date specified in the permit special conditions summarizing the authorized activities carried out during the reporting period. The annual report must describe the activities conducted and results, including a summary of any impediments encountered or deviations that occurred.
(3) Permit fee reduction option. A 50 percent reduction in the initial permit issuance fee listed in subsection 704(b)(3) and annual permit fee listed in subsection 704(b)(4) of these regulations may be considered and approved as a special condition by the commission at the time of approval of the EFP on a case-by-case basis, as recommended by the department.
(B) Failure to comply with any provision of the Fish and Game Code or regulations adopted pursuant thereto that are not otherwise exempted by the permit; violation of any federal statute, regulation, or rule that is related to a regulated fishing activity; or conviction of a crime of moral turpitude.
(3) The department shall provide written notification to the EFP holder of any action to revoke, suspend, cancel, or deny renewal of an EFP. The notice must include: the name of the EFP holder, the EFP identification number, the reason for the revocation, suspension, cancellation, or renewal denial, a description of any actions necessary for the EFP holder to correct any deficiencies (if applicable), and the EFP holder's right to request reconsideration by the department.
(4) An EFP holder whose permit has been suspended or revoked shall turn over all records produced under the terms and conditions of the EFP pursuant to department's direction. If applicable, an EFP holder whose permit has been revoked, suspended, or cancelled or whose permit renewal has been denied shall turn over all department owned equipment including, but not limited to, fishing gear, electronic monitoring equipment, storage devices, trap tags, etc. Failure to return department owned equipment by a permittee as described in this subsection shall be unlawful.
(p) Reconsideration. A person or entity who receives a notice of revocation, suspension, cancellation, or modification of their permit from the department, or a notice that their permit renewal has been denied or permit amendment has been rejected by the department, may submit a written request for reconsideration to the department no later than 30 days following the date of the notification, and shall state the reasons for the requested reconsideration. The department shall consider any information submitted with the request, and it may reverse or amend its decision.
Note: Authority cited: Sections 200, 205 and 1022, Fish and Game Code. Reference: Sections 200, 205 and 1022, Fish and Game Code.
1. New section filed 3-2-2022; operative 4-1-2022 pursuant to Government Code section 11343.4(b)(3) (Register 2022, No. 9).
This database is current through 11/24/23 Register 2023, No. 47.
Cal. Admin. Code tit. 14, § 91, 14 CA ADC § 91
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