Section 120.7 - Taking of Sea Urchins for Commercial Purposes(a) Permit Required. (1) Any person taking or assisting in the taking of sea urchins for commercial purposes shall have obtained a valid sea urchin permit and shall be in possession of said permit when engaged in such activities. A sea urchin diving permit is not required to operate or assist in operating a vessel used to take sea urchins, however, no person without a valid sea urchin diving permit shall engage in diving from a vessel from which sea urchins are being taken or possessed for commercial purposes, unless authorized by the department's marine region regional manager or his or her designee for the purposes of sea urchin management or research.(2) To provide an economic incentive for cooperative sea urchin management and research activity, and notwithstanding any other portion of this section, the department may authorize the holder of a valid sea urchin diving permit to harvest (take, possess, land and/or sell) red sea urchins during a closed season or in a closed area, subject to such restrictions regarding date(s), location(s), time(s), size, poundage or other matters as specified by the department. Any data collected during such harvest activity shall be made available to the department. The form of this authorization shall be a letter from the department's marine region regional manager or his or her designee issued to the permittee and containing all conditions of use.(b) Classes of Permits. (1) Sea Urchin Diving Permit. Sea urchin diving permits will be issued to licensed commercial fishermen 16 years of age or older who have qualified for permits pursuant to subsection (c).(2) Sea Urchin Crewmember Permit. Sea urchin crewmember permits will be issued to licensed commercial fishermen 16 years of age or older who do not qualify for sea urchin diving permits.(c) Permit Renewal. (1) Applicants for renewal of sea urchin diving permits must have held a valid, unrevoked sea urchin diving permit in the immediately preceding permit year (April 1-March 31).(2) Applications for renewal of sea urchin diving permits shall be received by the department or, if mailed, postmarked no later than April 30. Late fees, late fee deadlines, and late renewal appeal provisions are specified in Fish and Game Code Section 7852.2.(d) Number of Permits. (1) All qualified prior sea urchin diving permittees shall be eligible to receive diving permits regardless of the number issued.(2) If the number of diving permits issued to prior permittees is less than 150, the number of new sea urchin diving permits to be issued shall only be the difference between the number of diving permits issued to prior permittees in the immediately preceding permit year (ending March 31) and 150.(3) While the number of diving permits issued to prior permittees is greater than 150, only one new sea urchin diving permit shall be available for every 11 permits that are retired pursuant to Fish and Game Code subsection 7852.2(c).(e) Applications for New Permits: (1) A drawing shall be held annually for any new sea urchin diving permits that become available for issuance.(2) Applications for new sea urchin diving permits shall be made available each year through the department's Automated License Data System, at department license sales offices, the department's Internet Sales site, and at department's license agents authorized to sell commercial fishing licenses.(3) Applicants shall apply by March 31 of each year.(4) Applicants shall possess a valid Commercial Fishing License and a valid sea urchin crewmember permit for each of the two permit years immediately preceding the permit year when the drawing is done.(5) Applicants shall pay the nonrefundable processing fee as specified in Section 705 for each drawing application.(6) Each applicant shall receive a drawing receipt printed from the terminal or downloaded from the Internet. The receipt shall contain the applicant's name and permanent identification number, proof of entry into drawing, and their current preference points for the drawing.(7) Applicants shall not submit more than one drawing application for the same license year.(f) Drawings for New Permits (1) The department shall award any new permits using a Modified-Preference Point drawing system.(2) The Modified-Preference Point drawing system shall award proportions of permit quota using the following drawing methods: (A) Preference Point Drawing: Permits in the preference quota are awarded based on the following order of priority: accumulated preference point totals (highest to lowest), and computer-generated random number (lowest to highest).(B) Random Drawing: Permits in the random quota are awarded according to computer-generated random number (lowest to highest), without consideration of accumulated preference points.(3) The available new permit quantity shall be split into separate quotas. Every fifth permit that becomes available shall belong to the random quota while all other permits shall belong to the preference quota. This four-to-one ratio for sorting will continue indefinitely.(4) Successful applicants and a list of alternates shall be determined by drawing within 20 business days following the application deadline date. If the drawing is delayed due to circumstances beyond the department's control, the department shall conduct the drawing at the earliest date possible.(5) Alternates shall be selected using a Preference Point Drawing.(6) Successful applicants will be notified as soon as practical. Successful applicants shall submit the fee for a Sea Urchin Diving Permit, as specified in Fish and Game Code Section 9055 to the department's License and Revenue Branch by 5:00 p.m. on or before or, if mailed, postmarked no later than May 15 each year. If the deadline to submit the fee falls on a weekend or holiday payment will be accepted until the close of business on the first state business day following the deadline to submit payment.(7) Should the available permit quota remain unfilled after that date, the alternate list shall be used to award any available permits.(8) An applicant shall earn one (1) preference point each time the applicant participates in a drawing for sea urchin diving permit.(9) Successful applicants or alternates that are issued a sea urchin diving permit shall lose all accumulated preference points for the drawing.(10) Preference points shall not be transferred to another person.(11) The department shall maintain records of preference points earned by each applicant based on the identification number assigned to each customer by the department's Automated License Data System. The customer's identification number, Get Outdoors ID (GO ID) will be printed on each drawing receipt issued by the Automated License Data System. Applicants shall notify the department's License and Revenue Branch in Sacramento in writing of any changes or corrections regarding name, mailing address, or date of birth.(12) Persons not applying in the sea urchin diving permit drawing for five (5) consecutive years starting in 2018 shall have their preference points for the sea urchin drawing reduced to zero (0). For the purposes of this subsection, persons whose applications are disqualified from drawing shall be considered the same as persons not applying.(13) Eligible commercial fisherman that applied in the sea urchin diving permit drawing from 2006-2017 and were not awarded a sea urchin diving permit in any of these years shall be assigned one preference point for each year they applied in these drawings.(g) Fee. The applicant for a sea urchin crewmember permit shall submit the fees and the completed application, as specified in Section 705, to the address listed on the application.(h) Renewal Appeals. Late renewal appeal provisions are specified in Fish and Game Code Section 7852.2.(i) Vessel Identification. When sea urchins are taken under these regulations, the vessel's commercial registration number shall be displayed on both sides of the boat. The number shall be black, at least 10 inches high, and on a white background. All permittees aboard the boat shall be mutually responsible for the proper display of the vessel's commercial registration number.(j) Conditions of the Permit: (1) No person shall take or possess lobsters or abalone aboard any boat used to take sea urchins under these regulations on any day that sea urchins have been taken or are to be taken.(2) Hydraulic lifts and air lifts shall be used only in such a manner that no rocks or other mineral matter, aquatic plants, fish or other aquatic life except sea urchins, shall be removed from the bottom or otherwise disturbed.(k) Revocation of Permits. Any permit may be suspended, revoked, or canceled by the commission upon breach or violation of any fish and game regulation pertaining to the take of sea urchins or abalone; or violation of the terms or conditions of the permit by the holders thereof, their agents, servants, employees or those acting under their direction and control.(l) Exemption from Tidal Invertebrate Permit. A sea urchin diver or sea urchin crewmember operating under the provisions of this section is not required to possess a Tidal Invertebrate Permit, but is subject to the provisions of Section 123.(m) Logbooks. Pursuant to Section 190 of these regulations, each permittee shall complete and submit an accurate record of all sea urchin fishing activities on a form Commercial Dive Fishing Log (DFW 120.7 (REV. 12/08/17)), incorporated herein by reference, provided by the department. The completed daily records shall be sent to the department address specified on the logbook on or before the tenth day of each month following the month to which the records pertain.(n) Fishing Season. (1) Red sea urchin shall not be taken for commercial purposes on Friday, Saturday, and Sunday north of the Monterey-San Luis Obispo county line from June 1 through October 31.(2) Red sea urchin shall not be taken for commercial purposes on Saturday and Sunday south of the Monterey-San Luis Obispo county line from June 1 through October 31.(3) During any closed period, no red sea urchins may be possessed on any commercially registered vessel, except that any commercially registered vessel may transport red sea urchins after any closure goes into effect, provided that the vessel is in port no later than 0800 hours on the first day of the closed period.(o) Closed Areas. (1) Sea urchins shall not be taken for commercial purposes in state marine reserves or state marine parks. Specific regulations in state marine conservation areas may prohibit the commercial take of sea urchins as per subsection 632(b).(2) The South Caspar Point area in Mendocino County is closed to all commercial fishing for sea urchins. This area is bounded on the north by a line extending 90° magnetic from sea to the mouth of Caspar Creek (north bank) in Caspar Cove, on the south by the northern boundary of the Point Cabrillo State Marine Conservation Area and its westward extension to the 120-foot depth contour, on the west by 120-foot depth contour line connecting the north and south boundary lines, and on the East by the mainland shore. The Point Cabrillo State Marine Conservation Area remains closed to the take of all forms of marine life except as permitted in subsection 632(b).(p) Size Limit. (1) In southern California (south of the Monterey-San Luis Obispo county line) no more than thirty (30) red sea urchins between one and one-half (1 1/2) and three and one-quarter (3 1/4) inches in shell diameter, not including the spines or any portion of their ball-and-socket attachment to the shell, per permittee per load, may be taken, possessed, sold or purchased.(2) In northern California (north of the Monterey-San Luis Obispo county line) no more than thirty (30) red sea urchins between one and one-half (1 1/2) and three and one-half (3 1/2) inches in shell diameter, not including the spines or any portion of their ball-and-socket attachment to the shell, per permittee per load, may be taken, possessed, sold or purchased.(3) Every sea urchin permittee shall carry and use an accurate measuring device, to determine the size of red sea urchins being taken as specified herein, while diving for sea urchins for commercial purposes.(q) Authorization of an Assistant for a Sea Urchin Diver Permittee. (1) The holder of a sea urchin diving permit may designate a licensed commercial fisherman as a sea urchin diver assistant upon written approval from the department, provided that: (A) The sea urchin diving permit has not been suspended or revoked;(B) The permittee has become physically unable to dive due to a severe unforeseen or catastrophic long-term (expected to be for one year or longer) or permanent injury or disease; and,(C) The injury or disease occurred after entering the sea urchin fishery.(2) The department may authorize, in writing, the particular licensed commercial fisherman to be designated by the permittee as a sea urchin diver assistant, providing the following conditions have been met: (A) The permittee provides documentation within 90 days of the request to the department from a qualified physician that the permittee suffers from a disease or injury and it will prevent the permittee from diving. Such conditions shall not include short or long-term common illnesses, conditions caused or primarily exacerbated by aging, or any other condition which appears to be marginal or common, such as routine back or neck problems;(B) The permittee has no violations or pending violations for which his or her permit could be revoked; and,(C) The proposed sea urchin diver assistant has a valid California commercial fishing license and has not had any California commercial fishing license or permit suspended or revoked; has never been convicted, and no charges are pending for a violation of any provision of the Fish and Game Code or Title 14, California Code of Regulations.(3) Special Provisions: (A) The authorized sea urchin diver assistant may take or assist in the taking of sea urchin only when in the company of the permittee and only for the duration of the permit year in which the authorization is issued.(B) The permittee shall have no authority to, and shall not dive for sea urchin while a valid letter authorizing the permittee to designate an assistant exists, regardless of whether or not the assistant is actively diving.(C) The authorized sea urchin diver assistant shall have no right to ownership or transfer of the permit beyond that which is otherwise provided by law.(D) The sea urchin diving permit, in addition to the sea urchin diver assistant authority shall be subject to revocation, suspension or other actions provided in law or regulation, upon violations committed by the sea urchin diver assistant, when acting under the authority of a sea urchin diver assistant. The assistant shall take no actions authorized pursuant to a sea urchin diver permit without the consent of the permittee.(E) The department shall review the authority authorized pursuant to this section at least once every year and may withdraw the authority if any of the conditions are not met.(4) Fee Requirement. Any person authorized as a sea urchin diver assistant pursuant to this subsection shall annually pay a fee to the department equal to the amount required of permittees pursuant to Fish and Game Code Section 9055.(5) Required Possession of Department Authorization. The sea urchin diver assistant shall carry the department's letter of authority whenever conducting activities authorized pursuant to the subsection.Cal. Code Regs. Tit. 14, § 120.7
1. New section filed 1-16-74 as an emergency; effective upon filing (Register 74, No. 3).
2. Certificate of Compliance filed 3-12-74 (Register 74, No. 11).
3. Amendment of subsection (c) filed 10-7-74; effective thirtieth day thereafter (Register 74, No. 41).
4. New subsection (f) filed 3-15-77 as an emergency; effective upon filing (Register 77, No. 12).
5. Certificate of Compliance filed 6-9-77 (Register 77, No. 24).
6. Editorial correction of subsection (f) filed 12-29-82 (Register 83, No. 1).
7. Repealer of subsection (f) filed 9-15-83; effective thirtieth day thereafter (Register 83, No. 38).
8. Repealer and new section filed 7-8-85; effective thirtieth day thereafter (Register 85, No. 28).
9. New subsection (a)(4) filed 7-27-87 as an emergency; operative 7-27-87 (Register 87, No. 31). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 11-24-87.
10. Certificate of Compliance filed 10-22-87 (Register 87, No. 43).
11. Amendment of subsection (d) and new subsections (i)-(k) filed 10-22-87; operative 11-21-87 (Register 87, No. 43).
12. Amendment filed 2-6-89; operative 3-8-89 (Register 89, No. 8).
13. Amendment of subsection (n) filed 12-8-89; operative 1-1-90 (Register 89, No. 50).
14. Amendment of subsections (b), (c), (d), (e), (g), (m), (o) and (p) filed 5-8-90; operative 6-7-90 (Register 90, No. 24).
15. Amendment of subsections (m)(1)-(3) and renumbering, (p)(1)-(2) and new subsection (p)(4) filed 7-7-92; operative 8-6-92 (Register 92, No. 28).
16. New subsections (q)-(q)(6) filed 7-8-93; operative 7-8-93 pursuant to Government Code section 11346.2(d) (Register 93, No. 28).
17. Amendment of section and NOTE filed 3-30-94; operative 3-30-94 (Register 94, No. 13).
18. Amendment of section and NOTE filed 8-6-98; operative 8-6-98 pursuant to Government Code section 11343.4(d) (Register 98, No. 32).
19. Amendment filed 9-2-2003; operative 10-2-2003 (Register 2003, No. 36).
20. Redesignation and amendment of portion of subsection (a) as new subsection (a)(1) and new subsection (a)(2) filed 10-6-2003; operative 11-5-2003 (Register 2003, No. 41).
21. New subsection (n)(1), subsection renumbering, amendment of newly designated subsections (n)(2)-(3) and amendment of subsection (o)(4) filed 3-8-2005; operative 4-7-2005 (Register 2005, No. 10).
22. Amendment of subsections (c)-(c)(2) and (e)(1)-(2), repealer and new subsection (g), amendment of subsections (l)(1)-(2), repealer of subsections (l)(3)-(4), subsection renumbering and amendment of subsection (m) filed 6-30-2008; operative 6-30-2008 pursuant to Government Code section 11343.4 (Register 2008, No. 27).
23. Amendment of subsections (e)(1) and (f) and amendment of NOTE filed 10-5-2010; operative 11-4-2010 (Register 2010, No. 41).
24. Amendment of subsections (d)(2) and (m) filed 6-16-2016; operative 6-16-2016 pursuant to Government Code section 11343.4(b)(3) (Register 2016, No. 25).
25. Editorial correction of HISTORY 24 indicating that amendments are effective upon filing (Register 2016, No. 26).
26. Amendment filed 3-2-2018; operative 3-2-2018 pursuant to Government Code section 11343.4(b)(3) (Register 2018, No. 9).
27. Change without regulatory effect amending subsection (m) filed 11-15-2018 pursuant to section 100, title 1, California Code of Regulations (Register 2018, No. 46). Note: Authority cited: Sections 713, 1050, 9054 and 9055, Fish and Game Code. Reference: Sections 713, 1050, 7850, 7852.2, 7857, 9054 and 9055, Fish and Game Code.
1. New section filed 1-16-74 as an emergency; effective upon filing (Register 74, No. 3).
2. Certificate of Compliance filed 3-12-74 (Register 74, No. 11).
3. Amendment of subsection (c) filed 10-7-74; effective thirtieth day thereafter (Register 74, No. 41).
4. New subsection (f) filed 3-15-77 as an emergency; effective upon filing (Register 77, No. 12).
5. Certificate of Compliance filed 6-9-77 (Register 77, No. 24).
6. Editorial correction of subsection (f) filed 12-29-82 (Register 83, No. 1).
7. Repealer of subsection (f) filed 9-15-83; effective thirtieth day thereafter (Register 83, No. 38).
8. Repealer and new section filed 7-8-85; effective thirtieth day thereafter (Register 85, No. 28).
9. New subsection (a)(4) filed 7-27-87 as an emergency; operative 7-27-87 (Register 87, No. 31). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 11-24-87.
10. Certificate of Compliance filed 10-22-87 (Register 87, No. 43).
11. Amendment of subsection (d) and new subsections (i)-(k) filed 10-22-87; operative 11-21-87 (Register 87, No. 43).
12. Amendment filed 2-6-89; operative 3-8-89 (Register 89, No. 8).
13. Amendment of subsection (n) filed 12-8-89; operative 1-1-90 (Register 89, No. 50).
14. Amendment of subsections (b), (c), (d), (e), (g), (m), (o) and (p) filed 5-8-90; operative 6-7-90 (Register 90, No. 24).
15. Amendment of subsections (m)(1)-(3) and renumbering, (p)(1)-(2) and new subsection (p)(4) filed 7-7-92; operative 8-6-92 (Register 92, No. 28).
16. New subsections (q)-(q)(6) filed 7-8-93; operative 7-8-93 pursuant to Government Code section 11346.2(d) (Register 93, No. 28).
17. Amendment of section and Note filed 3-30-94; operative 3-30-94 (Register 94, No. 13).
18. Amendment of section and Note filed 8-6-98; operative 8-6-98 pursuant to Government Code section 11343.4(d) (Register 98, No. 32).
19. Amendment filed 9-2-2003; operative 10-2-2003 (Register 2003, No. 36).
20. Redesignation and amendment of portion of subsection (a) as new subsection (a)(1) and new subsection (a)(2) filed 10-6-2003; operative 11-5-2003 (Register 2003, No. 41).
21. New subsection (n)(1), subsection renumbering, amendment of newly designated subsections (n)(2)-(3) and amendment of subsection (o)(4) filed 3-8-2005; operative 4-7-2005 (Register 2005, No. 10).
22. Amendment of subsections (c)-(c)(2) and (e)(1)-(2), repealer and new subsection (g), amendment of subsections (l)(1)-(2), repealer of subsections (l)(3)-(4), subsection renumbering and amendment of subsection (m) filed 6-30-2008; operative 6-30-2008 pursuant to Government Code section 11343.4 (Register 2008, No. 27).
23. Amendment of subsections (e)(1) and (f) and amendment of Note filed 10-5-2010; operative 11-4-2010 (Register 2010, No. 41).
24. Amendment of subsections (d)(2) and (m) filed 6-16-2016; operative 6-16-2016 pursuant to Government Code section 11343.4(b)(3) (Register 2016, No. 25).
25. Editorial correction of History 24 indicating that amendments are effective upon filing (Register 2016, No. 26).
26. Amendment filed 3-2-2018; operative 3/2/2018 pursuant to Government Code section 11343.4(b)(3) (Register 2018, No. 9).
27. Change without regulatory effect amending subsection (m) filed 11-15-2018 pursuant to section 100, title 1, California Code of Regulations (Register 2018, No. 46).