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§ 150.16. Commercial Take of Nearshore Fishes.

14 CA ADC § 150.16BARCLAYS OFFICIAL CALIFORNIA CODE OF REGULATIONS

Barclays Official California Code of Regulations Currentness
Title 14. Natural Resources
Division 1. Fish and Game Commission-Department of Fish and Game
Subdivision 1. Fish, Amphibians and Reptiles
Chapter 6. Fish, Commercial (Refs & Annos)
14 CCR § 150.16
§ 150.16. Commercial Take of Nearshore Fishes.
(a) Notwithstanding Section 8588(b) of the Fish and Game Code, minimum size limits (total length) are as follows:
(1) black-and-yellow rockfish (
Sebastes chrysomelas
)
 
10 in.
(2) cabezon (
Scorpaenichthys marmoratus
)
 
15 in.
(3) California scorpionfish or sculpin (
Scorpaena guttata
)
 
10 in.
(4) California sheephead (
Semicossyphus pulcher
)
 
13 in.
(5) China rockfish (
Sebastes nebulosus
)
 
12 in.
(6) gopher rockfish (
Sebastes carnatus
)
 
10 in.
(7) grass rockfish (
Sebastes rastrelliger
)
 
12 in.
(8) greenlings of the genus Hexagrammos (
Hexagrammos
spp.)
 
12 in.
(9) kelp rockfish (
Sebastes atrovirens
)
 
10 in.
(b) Species of nearshore fish stocks as defined in Section 1.90, Title 14, CCR, must be sorted by species prior to weighing and the weight reported separately on the Fish and Game receipt.
(c) Any nearshore fish listed under this section that are taken in a nearshore fishery shall be measured immediately upon being brought aboard the vessel and released immediately if not in compliance with the size limits specified.
(d) Regulations adopted to modify the minimum size limits or to specify maximum size limits shall be based on the best available scientific information and adopted pursuant to the Administrative Procedure Act following public notice and not less than one public hearing.
(e) Cumulative trip limits for sheephead, cabezon, greenlings of the genus Hexagrammos, California scorpionfish, and subgroups of rockfish.
(1) A cumulative trip limit is the total number of pounds of a species or a species group that may be taken and retained, possessed, or landed by an individual commercial licensee in a cumulative trip limit period without a limit on the number of landings or trips.
(2) Cumulative trip limit periods start at 0001 hours local time, end at 2400 hours local time, and are in two month periods as follows:
(A) January 1 through the last day of February,
(B) March 1-April 30,
(C) May 1-June 30,
(D) July 1-August 31,
(E) September 1-October 31,
(F) November 1-December 31.
(3) Landings toward a cumulative trip limit value for a defined cumulative trip limit period provided in this subsection are summed by an individual's California commercial license number listed on fish receipts submitted to the department pursuant to Section 8043, Fish and Game Code.
(4) Any person landing species for which there is a cumulative trip limit established pursuant to this Section shall keep in their immediate possession copies of any and all reports of landings required by state laws or regulations throughout the cumulative limit period during which a landing occurred and for 15 days thereafter.
(5) Cumulative trip limit values noticed in the Federal Register by the National Marine Fisheries Service for the cumulative trip limit periods for shallow nearshore rockfish, deeper nearshore rockfish, and California scorpionfish apply to each individual California commercial licensee in addition to the federally-defined vessel-based limits. Landings are summed by an individual's California commercial license number listed on fish receipts submitted to the department pursuant to Section 8043, Fish and Game Code.
(6) Cumulative trip limits for sheephead, cabezon and greenlings.
(A) The cumulative trip limit per individual per two-month limit period when fishing is allowed pursuant to Section 150.06, Title 14, CCR, is as follows:
Sheephead
Cabezon
Greenlings
January-February
2,000 pounds
1000 pounds
500 pounds
March-April
2,000 pounds
1000 pounds
500 pounds
May-June
2,400 pounds
1000 pounds
500 pounds
July-August
2,400 pounds
1000 pounds
500 pounds
September-October
2,400 pounds
1000 pounds
500 pounds
November-December
2,400 pounds
1000 pounds
500 pounds
(B) The department will evaluate year-to-date catch levels against total allowable catch limits defined in Section 52.10. Based on these data, when the department determines that cumulative trip limits defined in this Section need significant adjustment upward or downward (by 50 percent or more) in order to spread the allowable catches through the open season to the extent possible and prevent early attainment of the annual total allowable commercial catch, the cumulative trip limits defined in this Section may become inoperative and may be replaced with alternative limits as determined by the department. The department may perform these in-season analyses between May and September of each year; and provide notification of changes by October 15 of each year, as described in subsection (e)(6)(C).
(C) The department shall give nearshore fishery permitees no less than 10 days notice of any cumulative trip limit change pursuant to this Section via a notification letter sent to the permittee's address on file with the department.
(D) When allocations, total allowable catches or other catch limits defined in Section 52.10 are reached, and action to close the fishery is taken pursuant to Section 52.10 subsection (b), cumulative trip limits defined in this Section become inoperative.
(f) All other trip limits (including daily, weekly and cumulative trip limits) established for commercial rockfish, a subgroup of rockfish, or California scorpionfish noticed in the Federal Register by the National Marine Fisheries Service shall apply in state waters within the geographic boundary areas defined in Title 50, Code of Federal Regulations (CFR), Parts 600 and 660. See also Section 189, Title 14, California Code of Regulations for additional requirements regarding fishing for federal groundfish in state waters.
Note: Authority cited: Sections 702, 7071, 8587.1 and 8588, Fish and Game Code. Reference: Sections 1802, 8585.5, 8586, 8587, 8587.1 and 8588, Fish and Game Code.
HISTORY
1. New section filed 3-5-2001; operative 3-5-2001 pursuant to Fish and Game Code sections 202 and 215 (Register 2001, No. 10).
2. New subsection (e) filed 8-23-2001 as an emergency; operative 9-1-2001 (Register 2001, No. 34). A Certificate of Compliance must be transmitted to OAL by 12-31-2001 or emergency language will be repealed by operation of law on the following day.
3. New subsection (f) and amendment of Notefiled 9-18-2001 as an emergency; operative 9-18-2001 (Register 2001, No. 38). A Certificate of Compliance must be transmitted to OAL by 1-16-2002 or emergency language will be repealed by operation of law on the following day.
4. New subsection (g) filed 11-8-2001 as an emergency; operative 11-8-2001 (Register 2001, No. 45). A Certificate of Compliance must be transmitted to OAL by 3-8-2002 or emergency language will be repealed by operation of law on the following day.
5. Repealer of subsections (e)-(g) and new subsections (e)-(e)(6)(C) filed 12-30-2002 as an emergency; operative 1-1-2003 (Register 2003, No. 1). A Certificate of Compliance must be transmitted to OAL by 5-1-2003 or emergency language will be repealed by operation of law on the following day.
6. Repealer of subsections (a) and (b) and subsection relettering filed 12-30-2002; operative 1-1-2003 pursuant to Government Code section 11343.4 (Register 2003, No. 1).
7. Amendment of subsection (b), new subsections (c) and (d) and subsection relettering filed 1-9-2003; operative 2-8-2003 (Register 2003, No. 2).
8. Reinstatement of section as it existed prior to 12-30-2002 order by operation of Government Code section 11346.1(f) (Register 2003, No. 45).
9. Repealer of subsections (e)-(g) and new subsections (e)-(f) filed 11-7-2003; operative 12-7-2003 (Register 2003, No. 45).
10. Amendment of subsection (e)(6)(A) filed 3-1-2005; operative 3-31-2005 (Register 2005, No. 9).
11. Amendment of subsections (e)(6)(A) and (e)(6)(D) and Note filed 6-9-2011; operative 6-9-2011 pursuant to Government Code section 11343.4 (Register 2011, No. 23).
12. Amendment of subsection (e)(6)(A) filed 4-5-2012; operative 5-1-2012 pursuant to Government Code section 11343.4(c) (Register 2012, No. 14).
13. Amendment of subsections (e)(6)(A) and (e)(6)(C) filed 1-2-2019; operative 1-2-2019 pursuant to Government Code section 11343.4(b)(4)(B) (Register 2019, No. 1).
14. Amendment of subsection (e)(6)(A) and Note filed 12-28-2020; operative 1-1-2021 pursuant to Government Code section 11343.4(b)(4)(A)-(B) (Register 2021, No. 1).
This database is current through 11/19/21 Register 2021, No. 47
14 CCR § 150.16, 14 CA ADC § 150.16
End of Document