Section 120.2 - Pink Shrimp Trawl Permits(a) Permit Required. (1) Northern Pink Shrimp Trawl Permit. On and after April 1, 2001, any person using a trawl net to take, possess aboard a vessel, or land pink shrimp for commercial purposes in ocean waters north of a line drawn due west of Point Conception shall have a northern pink shrimp trawl permit or a northern pink shrimp trawl individual permit that has not been suspended or revoked. All pink shrimp taken in ocean waters north of the aforementioned line incidental to other fishing activities shall be immediately returned to the water. For the purposes of this Section, vessel owner includes any person who has a lease-purchase agreement for the purchase of a vessel.(2) Southern Pink Shrimp Trawl Permit. On and after April 1, 2001, any person using a trawl net to take, possess aboard a boat, or land pink shrimp for commercial purposes in ocean waters south of a line drawn due west of Point Conception shall have a southern pink shrimp trawl permit that has not been suspended or revoked. The applicant must be the operator of a currently registered commercial fishing vessel. The applicant for a permit shall submit the fees and the completed application, as specified in Section 705, to the address listed on the application.(b) Initial Permit Issuance.(1) A northern pink shrimp trawl individual permit may be issued to the holder of a valid 2000-01 pink shrimp trawl individual permit who landed a minimum of 5,000 pounds of pink shrimp north of Point Conception in each of three of the fishing seasons from April 1, 1994 to October 31, 1999 as documented by department landing receipts submitted in their name and commercial fishing license identification number.(2) A northern pink shrimp trawl vessel permit may be issued to the current owner of a vessel with a valid 2000-01 pink shrimp trawl vessel permit who landed a minimum of 5,000 pounds of pink shrimp north of Point Conception in each of three of the fishing seasons from April 1, 1994 to October 31, 1999, as documented by department landing receipts.(3) A northern pink shrimp trawl vessel permit may be issued to an individual who does not qualify for a permit in (b)(1) or (2), above, and is the current owner of a commercial fishing vessel and who has been licensed as a California commercial fisherman for at least 20 years at the time of application and has participated in the pink shrimp trawl fishery for at least one of those years in this state as documented by department landing receipts that cumulatively total 5,000 pounds of pink shrimp landed by trawl nets in their name and commercial fishing license number. Any permit issued under this provision shall be nontransferable.(4) Initial applications for all northern pink shrimp trawl permits shall be received by the department or, if mailed, postmarked no later than May 31, 2001. Initial late applications shall be received by the department or, if mailed, postmarked not later than June 30, 2001 and shall be accompanied by a $50 late fee. Initial late applications not received by the department or, if mailed, postmarked after June 30, 2001, will not be considered. A permit shall not be issued until the $50 late fee is paid.(5) No individual or corporation that qualifies for a northern pink shrimp trawl vessel permit shall be issued a northern pink shrimp trawl individual permit.(c) Vessel Length Endorsement. (1) Each northern pink shrimp trawl vessel permit shall be endorsed with the overall length at the time of initial issuance. Vessel overall length is measured between the perpendiculars at the foremost portion of the hull at the stem, excluding any extensions commonly known as bowsprits, and the aftermost portion of the hull at the sternpost, excluding any extensions thereof. One of the following forms of documentation shall be submitted as proof of the vessel's overall length.(2) Marine Survey Report. Before any northern pink shrimp trawl vessel permit is issued or transferred to another vessel, the owner of the vessel who will receive the permit may submit a marine survey completed by a certified marine surveyor on or after April 1, 1999 that clearly shows the vessel overall length.(3) Federal Groundfish Permit. Before any northern pink shrimp trawl vessel permit is issued or transferred to another vessel, the owner of the vessel who will receive the permit may submit their current valid Federal Groundfish Permit with its endorsed length as documentation of the vessel's overall length.(4) When a vessel is no longer available for an overall length measurement, as determined by the department, and does not have a current valid Federal Groundfish Permit, the department may consider: a Marine Survey dated prior to April 1, 1999, U.S. Coast Guard Documentation, or Department of Motor Vehicles registration records.(d) Permit Renewal. (1) Applicants for northern pink shrimp trawl permits must have held a valid northern pink shrimp trawl permit in the immediately preceding permit year. All applications for northern pink shrimp trawl permit renewal shall be received by the department or, if mailed, postmarked not later than April 30 each year. Late fees, late fee deadlines, and late renewal appeal provisions are specified in Fish and Game Code Section 7852.2.(2) A northern pink shrimp trawl individual permit shall be upgraded to a northern pink shrimp trawl vessel permit before April 1, 2003. The vessel that the northern pink shrimp trawl vessel permit is assigned to may be not more than five feet greater in overall length than the longest vessel on which the permittee made qualifying landings. The individual permittee is subject to the terms of permit renewal in Section 120.2(d)(1). Any northern pink shrimp trawl individual permit not upgraded to a northern pink shrimp trawl vessel permit before April 1, 2003 shall be deemed forfeit to the department.(e) Permit Transfers. (1) A northern pink shrimp trawl vessel permit may be transferred to a replacement vessel owned by the permittee within two years of the permitted vessel being lost, stolen, or destroyed. The replacement vessel may be up to but not more than five feet greater in overall length than the original permitted vessel. The original length endorsement will remain on the permit.(2) A northern pink shrimp trawl vessel permit is otherwise transferable to another owner only if the vessel qualifying for the initial permit landed 90,000 pounds of pink shrimp by trawl north of Point Conception from April 1, 1994 to October 31, 1999. An individual permit, when upgraded to a vessel permit pursuant to Section 120.2(d)(2), shall be otherwise transferable to another owner only if the fishermen qualifying for the initial permit landed 90,000 pounds of pink shrimp by trawl north of Point Conception from April 1, 1994 to October 31, 1999. (A) The transferable permit may not be transferred more than once every twelve months.(B) The transferable permit may be transferred any number of times to a different vessel up to five feet greater in overall length than the original endorsement, or of equal or less overall length. The original length endorsement will remain on the permit.(C) A transferable permit may be permanently changed to a nontransferable permit on written request of the vessel owner. The permit shall not be restored to a transferable permit under any circumstances.(3) On the death of a transferable northern pink shrimp trawl vessel permittee an heir may apply to the department to transfer that permit to him or her. The application for transfer shall be received by the department within two years of the death of the permittee.(4) Any northern pink shrimp trawl vessel permit may be temporarily transferred, for up to one year, to a different vessel, if the permitted vessel is seriously damaged, has suffered a major mechanical breakdown, or is lost or destroyed. The request for temporary transfer shall include documentation of the damage, breakdown, loss or destruction.(5) Any northern pink shrimp trawl vessel may be permanently retired from the fishery for any reason, and the permit transferred to a different vessel, up to but not more than five feet greater in overall length than the original length endorsement, which is owned by the same permittee.(f) Appeal. (1) Any applicant who is denied initial issuance of a northern pink shrimp trawl vessel permit or a northern pink shrimp trawl individual permit by the department for any reason may appeal that denial to the commission in writing, describing the basis for the appeal. The appeal shall be received by the commission or, if mailed, postmarked not later than March 31, 2002.(2) Appeals for initial permit issuance may be based on medical conditions, vessel condition, purchase of a vessel during the moratorium period which had a pink shrimp vessel permit, economic conditions in the fishery, historic participation levels in the California pink shrimp fishery, oceanographic conditions and associated low availability of shrimp in the California area of the fishermen's residence, and incapacity of the vessel to participate in the fishery.(3) Renewal Appeals. Late renewal appeal provisions are specified in Fish and Game Code Section 7852.2.(4) Any applicant who is denied transfer of a northern pink shrimp trawl vessel permit may appeal the denial to the department in writing not more than 90 days from the date of denial describing the basis for the appeal. The appeal shall be reviewed and decided by the department. The decision of the department may be appealed in writing to the commission within 60 days of the date of the department's decision.(g) Fees and Applications. (1) The annual fee and application for a transferable northern pink shrimp trawl vessel permit is incorporated by reference in Section 705.(2) The fee to transfer a permit to a new owner is incorporated by reference in Section 705. No northern pink shrimp trawl vessel permit shall be transferred without a completed application and payment of fees.(3) The fee to transfer a permit to another vessel owned by the same permittee is incorporated by reference in Section 705.(4) The fee for a temporary permit transfer of up to one year is incorporated by reference in Section 705.(5) The annual fee and application for a nontransferable northern pink shrimp trawl vessel permit is incorporated by reference in Section 705.(h) Capacity Goal. (1) The department shall evaluate the capacity goal every three years and report to the commission, with a recommendation regarding issuance of new permits.(2) The capacity goal for transferable permits shall be a range from 75 up to the number of permits initially issued, and for nontransferable permits a range of 0 up to the number of permits initially issued.Cal. Code Regs. Tit. 14, § 120.2
1. New section filed 12-10-2008; operative 1-9-2009 (Register 2008, No. 50).
2. Amendment of subsections (a)(2) and (g)-(g)(5), repealer of subsections (g)(6)-(7) and amendment of NOTE filed 10-5-2010; operative 11-4-2010 (Register 2010, No. 41). Note: Authority cited: Sections 713, 1050, 8591, 8841 and 8842, Fish and Game Code. Reference: Sections 1050, 7057, 7852.2, 7858, 8101, 8591, 8841 and 8842, Fish and Game Code.
1. New section filed 12-10-2008; operative 1-9-2009 (Register 2008, No. 50).
2. Amendment of subsections (a)(2) and (g)-(g)(5), repealer of subsections (g)(6)-(7) and amendment of Note filed 10-5-2010; operative 11-4-2010 (Register 2010, No. 41).