SECTIONS 8490-8494 - California Statutes

FISH AND GAME CODE

SECTION 8490-8494

8490. No crayfish taken from Lake Tahoe or the Lake Tahoe Basin may
be sold or purchased.

8491. The taking of crayfish shall be subject to such regulations
as the commission may prescribe.

8492. The department shall take the steps it determines are
necessary to prevent overfishing of crayfish in the Sacramento-San
Joaquin Delta. Those steps may include, but are not limited to,
submitting to the Legislature proposed legislation to place
limitations on the commercial crayfishing in that area.

8494. (a) Commencing April 1, 2006, any vessel using bottom trawl
gear in state-managed halibut fisheries, as described in subdivision
(a) of Section 8841, shall possess a valid California halibut bottom
trawl permit that has not been suspended or revoked and that is
issued by the department authorizing the use of trawl gear by that
vessel for the take of California halibut.
(b) A California halibut bottom trawl vessel permit shall be
issued annually, commencing with the 2006 permit year. Commencing
with the 2007-08 season, in order to be eligible for that permit, an
applicant shall have been issued a California halibut bottom trawl
vessel permit in the immediately preceding permit year.
(c) The department shall not issue a California halibut bottom
trawl vessel permit pursuant to this section for use in the
California halibut fishery unless that vessel has landed a minimum of
200 pounds of California halibut and reported that landing on fish
landing receipts as being caught with bottom trawl gear in at least
one of the following:
(1) At least two of the calendar years 1995 to 2003, inclusive.
(2) At least one of the calendar years 1995 to 2003, inclusive,
and from January 1, 2004, to February 19, 2004, inclusive.
(d) Permits issued pursuant to this section may be transferred
only if at least one of the following occur:
(1) The commission adopts a restricted access program for the
fishery that is consistent with the commission's policies regarding
restricted access to commercial fisheries.
(2) Prior to the implementation of a restricted access program,
the permit is transferred to another vessel owned by the same
permitholder of equal or less capacity, as determined by the
department, and if the originally permitted vessel was lost, stolen,
destroyed, or suffered a major irreparable mechanical breakdown. The
department may not issue a permit for a replacement vessel if the
department determines that the originally permitted vessel was
fraudulently reported as lost, stolen, destroyed, or damaged. Only
the permitholder at the time of the loss, theft, destruction, or
irreparable mechanical breakdown of a vessel may apply to transfer
the vessel permit. Evidence that a vessel is lost, stolen, or
destroyed shall be in the form of a copy of the report filed with the
United States Coast Guard, or any other law enforcement agency or
fire department that conducted an investigation of the loss.
(3) Prior to the implementation of a halibut trawl restricted
access program, the commission may consider requests from a vessel
permitholder or his or her conservator or estate representative to
transfer a permit with the vessel if both of the following conditions
are met:
(A) The permitholder has died, is permanently disabled, or the
permitholder is at least 65 years of age and has decided to retire
from commercial fishing.
(B) California halibut landings contributed significantly to the
record and economic income derived from the vessel, as determined by
regulations adopted by the commission. The commission may request
information that it determines is reasonably necessary from the
permitholder or his or her heirs or estate for the purpose of
verifying statements in the request prior to authorizing the transfer
of the permit.
(e) The commission shall establish California halibut bottom trawl
vessel permit fees based on the recommendations of the department
and utilizing the guidelines outlined in subdivision (b) of Section
711 to cover the costs of administering this section. Prior to the
adoption of a restricted access program pursuant to subdivision (d),
fees may not exceed one thousand dollars ($1,000) per permit.
(f) Individuals holding a federal groundfish trawl permit may
retain and land up to 150 pounds of California halibut per trip
without a California halibut trawl permit in accordance with federal
and state regulations, including, but not limited to, regulations
developed under a halibut fishery management plan.
(g) This section shall become inoperative upon the adoption by the
commission of a halibut fishery management plan in accordance with
the requirements of Part 1.7 (commencing with Section 7050).
(h) The commission may adopt regulations to implement this
section.