SECTIONS 8614-8615 - California Statutes

FISH AND GAME CODE

SECTION 8614-8615

8614. (a) If an experimental permit is revoked or not renewed,
pursuant to a judgment, a decision of the commission, or a
legislative enactment, and the permittee has an outstanding loan with
the State Coastal Conservancy under Section 31125 of the Public
Resources Code, as added by Chapter 910 of the Statutes of 1986, for
the purchase of alternative fishing gear, the unpaid balance of the
loan shall be excused from the date of revocation or nonrenewal of
the permit, or from the date of any judgment, decision, or enactment
which terminates the permit, if the permittee relinquishes the permit
and returns the collateral fishing gear to the department, in which
case the department shall take possession of the alternative fishing
gear for the State Coastal Conservancy. Any alternative gear received
by the department due to a revocation, nonrenewal, or termination of
an experimental permit may be resold by the State Coastal
Conservancy at fair market value to other experimental permit
applicants or holders under this article. If the permittee chooses to
keep the alternative gear and repay the loan, the rate of interest
shall be reduced to 3 percent for the remaining balance of the loan.
(b) If the Legislature approves the permanent use or type of gear
and the commercial fishing permit or the license for the permanent
use or type of gear is revoked for a violation of the terms and
conditions under which the fishery is conducted, the permittee shall
be responsible for any remaining balance on any outstanding loan with
the State Coastal Conservancy for the purchase of alternative
fishing gear.

8615. (a) (1) Within the first six months of operation pursuant to
an experimental permit and after a reasonable and concerted effort to
utilize a new type of commercial fishing gear, the permittee may
request that the experimental permit be terminated if it is
economically infeasible to harvest the target species or if the
alternative gear is impractical, inefficient, or ineffective within
the fishery or regional area selected. The permittee shall submit
copies of all landing receipts, a financial statement setting forth
the expenses and any revenue generated by the operation of the
alternative fishing gear, and a brief summary from any observers,
monitors, and employees regarding the operation of the alternative
fishing gear to the department. The department shall review the
permittee's submitted material.
(2) If the submitted material supports the claim that the new type
of commercial fishing gear utilized by the permittee was either
inefficient, impractical, or ineffective, or that it was not
economically feasible for the permittee to harvest the target
species, the department shall terminate the experimental permit and
submit its findings to the State Coastal Conservancy. Upon receiving
the department's report, the State Coastal Conservancy may terminate
the permittee's loan. If the permittee returns the collateral fishing
gear to the department, the State Coastal Conservancy shall
reimburse the permittee from the loan fund for the principal amount
of the loan repaid by the permittee. The department shall take
possession of the fishing gear for the State Coastal Conservancy,
which may resell the gear as set forth in subdivision (a) of Section
8614.
(3) If the information does not support the claim made by the
permittee, the department may still terminate the experimental
permit. The State Coastal Conservancy may terminate the remaining
balance on the loan if the permittee returns the collateral fishing
gear to the department, but the State Coastal Conservancy shall not
reimburse the permittee for previous loan payments.
(b) After six months of operation pursuant to an experimental
permit, any request to terminate the permit for the reasons set forth
in subdivision (a) shall include, in addition to the information
required by paragraph (1) of subdivision (a), an explanation of the
changed circumstances or reasons that cause the new type of gear to
become inefficient, impractical, or ineffective or economically
infeasible to harvest the target species after the initial six-month
operating period. The department shall review the request and make
its recommendation to the State Coastal Conservancy following the
procedures set forth in subdivision (a). If the department terminates
the experimental gear permit, the State Coastal Conservancy may
terminate the remaining balance on the loan if the permittee returns
the collateral fishing gear to the department, but it shall not
reimburse the permittee for any loan payments received. The
department shall take possession of the alternative fishing gear for
the State Coastal Conservancy, which may resell the gear as set forth
in subdivision (a) of Section 8614.