Cal. Code Regs. tit. 14 § 120

Current through Register 2024 Notice Reg. No. 44, November 1, 2024

Section 120 - Prawn or Shrimp Trawling-General Provisions

Prawns and shrimp may only be taken by trawl nets for commercial purposes in ocean waters pursuant to Fish and Game Code statutes and under authority of fishery permits established in sections 120 through 120.3. Spot prawns may not be taken or possessed using trawl nets except as incidental to other trawl fishing activity as specified in subsection (e) below.

(a) Permits and Conditions.

Regulations of this Section define the conditions under which permits to use or possess trawls for the taking of shrimp or prawns in ocean waters pursuant to Section 8842 are to be granted. "Permits" as used in this Section refer only to Northern Pink Shrimp Trawl Permits defined in Section 120.2, Southern Pink Shrimp Trawl Permits defined in Section 120.2, and Golden and Ridgeback Prawn Trawl Permits defined in Section 120.3.

(b) Fishing Areas.

(1) Trawling for pink shrimp is prohibited in all ocean waters and tidelands of the state, except as permitted by the commission pursuant to subdivision (d) of Section 8842 of the Fish and Game Code and not otherwise prohibited by other state or federal statutes or regulations.

(2) Trawling for all other shrimp or prawns shall be permitted only in those waters authorized by Section 8842 of the Fish and Game Code and not otherwise prohibited by other state or federal statutes or regulations.

(c) Net Specifications.

(1) The net to be used for the capture of shrimp or prawns shall be an otter trawl.

(2) The mesh of any webbing used on the otter trawl shall not be less than 1 3/8 inches measured inside the knots.

(3) Nets used for the taking of shrimp or prawns under these regulations may be possessed on a boat only when the shrimp or prawn trawling season is open in that area, except that for a period of seven (7) days following the close of the season, shrimp or prawn nets may be possessed on a boat for the purpose of cleaning, drying, or maintaining such nets, provided that the boat remains in port during the time the net(s) is aboard.

(4) No other fishing net or web, the meshes of which are less than that prescribed in these regulations, may be possessed on any vessel which is operating under the provisions of a shrimp or prawn permit.

(d) Observers and Inspections.

(1) All fishing gear used under the provisions of these permits and regulations are subject to inspection by the department at any time.

(2) Pursuant to Section 105.5, Title 14, CCR, any authorized representative of the department shall be permitted to travel on the permittee's boat to observe shrimp or prawn trawling operations.

(3) Pursuant to Fish and Game Code subdivision 8841(d), any vessel fishing for prawns or shrimp permitted by California is subject to the requirements and policies of the federal groundfish observer program.

(e) Incidental Catch Provisions.

(1) Finfish. Limits on the incidental take of west coast groundfish species are specified in federal regulations of Title 50 CFR Part 660, and apply to state-managed trawl fisheries, including prawn or shrimp trawl fisheries, pursuant to Section 189, Title 14, CCR. Salmon may be taken and possessed incidentally to prawn or shrimp trawl fishing activities subject to sections 8210.2 to 8226, and 8230 to 8237, inclusive, of the Fish and Game Code.

(2) Sea Cucumbers. Any amount of sea cucumbers taken incidentally while prawn or shrimp trawling may be possessed if the owner or operator of the vessel possesses a permit to take sea cucumbers pursuant to Section 8405 of the Fish and Game Code.

(3) Spot prawns. Spot prawns shall not be possessed or landed as incidental catch in the pink shrimp fishery. Trawl loads of ridgeback and golden prawns shall not contain more than 50 pounds without restriction or 15%, by weight, of spot prawns. Trawl loads of finfish shall not contain more than 50 pounds without restriction or 15%, by weight, of spot prawns.

(f) Records.

Pursuant to Section 190 of these regulations, each prawn or shrimp trawl permittee or operator of a permitted vessel shall complete and submit an accurate record of his fishing activities on a form (Shrimp/Prawn Trawl Log, DFG 120 (10/89), see Appendix A) provided by the department.

(g) Permit Revocation and Violations.

(1) Pursuant to Fish and Game Code subdivision 1052(b), any prawn or shrimp trawl permit shall be revoked if the applicant or permittee submits false information for the purposes of obtaining or renewing a permit.

(2) Any prawn or shrimp trawl permit may be suspended, revoked or cancelled by the commission pursuant to the process defined in subdivision 7857(b) of the Fish and Game Code, upon notification by the department of a violation by a permit holder, or any person acting under authority of his or her permit, of provisions of the Fish and Game Code or regulations of the Fish and Game Commission relating to shrimp, prawns, trawl gear, and times or areas closed to fishing.

(3) Any prawn or shrimp trawl permittee shall be liable for any violations committed by him or her of provisions of the Fish and Game Code or regulations of the Fish and Game Commission relating to shrimp, prawns, trawl gear, and times or areas closed to fishing. The permit holder shall also be liable for violations committed by any other person operating under the authority of his or her permit. Additionally, any such other person is liable for his or her own violations.

Cal. Code Regs. Tit. 14, § 120

1. Amendment of subsection (e) filed 4-7-76; effective thirtieth day thereafter (Register 76, No. 3.)
2. Amendment of subsection (i) filed 6-4-76; effective thirtieth day thereafter (Register 76, No. 23).
3. Amendment of subsection (e) filed 11-5-79 as an emergency; effective upon filing (Register 79, No. 45). A Certificate of Compliance must be filed within 120 days or emergency language will be repealed on 3-5-80.
4. Certificate of Non-Compliance filed 1-25-80 (Register 80, No. 4).
5. Editorial correction of subsection (e) (Register 80, No. 47).
6. Amendment of subsection (e) filed 2-19-81 as an emergency; effective upon filing (Register 81, No. 8). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 6-18-81.
7. Reinstatement of subsection (e) as it existed prior to emergency amendment filed 2-19-81 by operation of section 11346.1(b). Government Code (Register 81, No. 43).
8. Amendment filed 10-19-81; effective thirtieth day thereafter (Register 81, No. 43).
9. Editorial correction of History Notes No. 7 and No. 8 (Register 81, No. 47).
10. Amendment of subsection (b), new subsection (d), repealer of subsection (h) and relettering of former subsections (d)-(h) filed 3-18-83; effective thirtieth day thereafter (Register 83, No. 12).
11. Editorial correction of subsection (h)(1) filed 4-12-84; effective thirtieth day thereafter (Register 84, No. 15).
12. Amendment of subsections (c), (f) and (k)(2) filed 9-23-86; operative 10-23-86 (Register 86, No. 40).
13. Amendment of subsection (k) filed 12-8-89; operative 1-1-90 (Register 89, No. 50).
14. Amendment of subsection (d) filed 4-18-91; operative 5-19-91 (Register 91, No. 21)
15. Amendment of subsection (e) filed 3-5-2001; operative 3-5-2001 pursuant to Fish and Game Code sections 202 and 215 (Register 2001, No. 10).
16. Repealer of subsections (b) and (c), new subsection (b), subsection relettering, and amendment of newly designated subsections (d), (e), (h) and (i) filed 3-28-2001; operative 3-28-2001 pursuant to Government Code section 11343.4 (Register 2001, No. 13).
17. New subsections (f)(3)-(f)(5)(C), amendment of subsection (g)(1), new subsection (g)(7) and amendment of NOTE filed 12-17-2001; operative 1-16-2002 (Register 2001, No. 51).
18. Amendment of subsection (h) filed 3-26-2003; operative 3-26-2003 pursuant to Government Code section 11343.4 (Register 2003, No. 13).
19. Amendment of section heading, repealer and new section and amendment of NOTE filed 12-10-2008; operative 1-9-2009 (Register 2008, No. 50).
20. Amendment of first paragraph and subsection (b), new subsections (b)(1)-(2) and amendment of NOTE filed 10-26-2022; operative 11-1-2022 pursuant to Government Code section 11343.4(b)(3) (Register 2022, No. 43).

Note: Authority cited: Sections 7071, 7078, 8591, 8841 and 8842, Fish and Game Code. Reference: Sections 1700, 7071, 7078, 8590, 8591, 8593, 8595, 8841 and 8842, Fish and Game Code.

1. Amendment of subsection (e) filed 4-7-76; effective thirtieth day thereafter (Register 76, No. 3.)
2. Amendment of subsection (i) filed 6-4-76; effective thirtieth day thereafter (Register 76, No. 23).
3. Amendment of subsection (e) filed 11-5-79 as an emergency; effective upon filing (Register 79, No. 45). A Certificate of Compliance must be filed within 120 days or emergency language will be repealed on 3-5-80.
4. Certificate of Non-Compliance filed 1-25-80 (Register 80, No. 4).
5. Editorial correction of subsection (e) (Register 80, No. 47).
6. Amendment of subsection (e) filed 2-19-81 as an emergency; effective upon filing (Register 81, No. 8). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 6-18-81.
7. Reinstatement of subsection (e) as it existed prior to emergency amendment filed 2-19-81 by operation of section 11346.1(b). Government Code (Register 81, No. 43).
8. Amendment filed 10-19-81; effective thirtieth day thereafter (Register 81, No. 43).
9. Editorial correction of History Notes No. 7 and No. 8 (Register 81, No. 47).
10. Amendment of subsection (b), new subsection (d), repealer of subsection (h) and relettering of former subsections (d)-(h) filed 3-18-83; effective thirtieth day thereafter (Register 83, No. 12).
11. Editorial correction of subsection (h)(1) filed 4-12-84; effective thirtieth day thereafter (Register 84, No. 15).
12. Amendment of subsections (c), (f) and (k)(2) filed 9-23-86; operative 10-23-86 (Register 86, No. 40).
13. Amendment of subsection (k) filed 12-8-89; operative 1-1-90 (Register 89, No. 50).
14. Amendment of subsection (d) filed 4-18-91; operative 5-19-91 (Register 91, No. 21)
15. Amendment of subsection (e)filed 3-5-2001; operative 3-5-2001 pursuant to Fish and Game Code sections 202 and 215 (Register 2001, No. 10).
16. Repealer of subsections (b) and (c), new subsection (b), subsection relettering, and amendment of newly designated subsections (d), (e), (h) and (i) filed 3-28-2001; operative 3-28-2001 pursuant to Government Code section 11343.4 (Register 2001, No. 13).
17. New subsections (f)(3)-(f)(5)(C), amendment of subsection (g)(1), new subsection (g)(7) and amendment of Note filed 12-17-2001; operative 1-16-2002 (Register 2001, No. 51).
18. Amendment of subsection (h) filed 3-26-2003; operative 3-26-2003 pursuant to Government Code section 11343.4 (Register 2003, No. 13).
19. Amendment of section heading, repealer and new section and amendment of Note filed 12-10-2008; operative 1-9-2009 (Register 2008, No. 50).
20. Amendment of first paragraph and subsection (b), new subsections (b)(1)-(2) and amendment of Note filed 10-26-2022; operative 11/1/2022 pursuant to Government Code section 11343.4(b)(3) (Register 2022, No. 43).