(a) The department shall issue experimental fishing permits to any applicant approved by the commission in the year 2018 to receive an experimental gear permit pursuant to Fish and Game Code 8606 (repealed, 2018), under the following requirements and restrictions:
(1) Permits will be issued as experimental fishing permits pursuant to Fish and Game Code 1022, and are valid for a term of one year, from April 1, through March 31.
(2) The applicant shall submit a written request to the department for issuance of an experimental fishing permit at least 60 days prior to the expiration date of their current permit.
(3) Upon review and determination by the department that the applicant can meet the standard terms and special conditions of the experimental fishing permit, as set forth in subsection (b):
(A) Experimental fishing permits will be first issued by the department to those applicants who received an experimental gear permit from the department in the year 2018 and submitted a written request for permit issuance pursuant to subsection (a)(2).
(B) Whenever there are less than eight valid permits issued, the department may issue experimental fishing permits to another applicant approved by the commission in 2018 for an experimental gear permit, so long as there are no more than eight valid permits at any one time.
(4) Each year that the experimental fishing permit is issued, the applicant for the experimental fishing permit shall submit the fee, as specified in Section 704, to the department's license and revenue branch. The fee shall be received by the license and revenue branch on or before March 1 of each year.
(A) Exception: Prior to April 1, 2020, the fee shall be received by the department's license and revenue branch on or before March 31.
(b) Permit Standard Terms and Special Conditions.
(1) The permittee shall comply with all standard terms set forth in Experimental Fishing Permit Terms and Conditions, form DFW 1085 (subsection 704(a)(2)).
(2) The permittee shall comply with any special conditions attached to form DFW 1085.
(A) Based upon a recommendation from the department, the commission may approve the adoption, amendment, or repeal of special conditions set forth in form DFW 1085 as it deems necessary for research and the conservation and management of marine resources and the environment.
(B) The department shall notify a permittee at least 30 days before recommending an amendment to the special conditions of the experimental fishing permit.
(c) The department shall deny issuance or renewal, suspend or revoke an experimental fishing permit for reasons including:
(1) Failure to comply with the authorizations, conditions, or terms of the permit.
(2) A violation of Fish and Game Code or regulations adopted pursuant thereto including but not limited to those relating to protected species, minimum size limits, and seasons or areas closed to fishing that are not otherwise exempted by the permit.
(3) Reasons listed in Fish and Game Code section 1022(a)(2).
(4) A change in the laws or regulations that prohibits the continuation of the permitted fishing activity.
(d) A person whose experimental fishing permit is suspended or revoked by the department pursuant to this section may file a request for reinstatement, or an appeal in the case of a denied experimental fishing permit, to the commission by submitting a written request for a hearing within 30 days of the department's action.
(e) Access to future permits, if a fishery is developed, is not implied by participation in the experimental fishing permit program.
(f) This section will sunset on April 1, 2023.
(g) This section only applies to the Box Crab Experimental Fishing Permit, and Section 91 of these regulations does not apply to the Box Crab Experimental Fishing Permit.
Credits
Note: Authority cited: Section 1022, Fish and Game Code. Reference: Section 1022, Fish and Game Code.
History
1. New chapter 5.6 (section 90) and new section filed 3-24-2020; operative 3-24-2020 pursuant to Government Code section 11343.4(b)(3) (Register 2020, No. 13).
3. Amendment of section heading and new subsections (f)-(g) 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 4/26/24 Register 2024, No. 17.
