8420. (a) The Legislature finds and declares that the fishery for
market squid (Loligo opalescens) is the state's largest fishery by
volume, generating millions of dollars of income to the state
annually from domestic and foreign sales. In addition to supporting
an important commercial fishery, the market squid resource is
important to the recreational fishery and is forage for other fish
taken for commercial and recreational purposes, as well as for marine
mammals, birds, and other marine life. The growing international
market for squid and declining squid production from other parts of
the world has resulted in an increased demand for California market
squid, which, in turn, has led to newer, larger, and more efficient
vessels entering the fishery and increased processing capacity.
(b) The Legislature finds that the lack of research on market
squid and the lack of annual at-sea surveys to determine the status
of the resource, combined with the increased demand for, and fishing
effort on, market squid could result in overfishing of the resource,
damaging the resource, and financially harming those persons engaged
in the taking, landing, processing, and sale of market squid.
(c) The Legislature further finds that some individuals, vessels,
and processing plants engaged in the market squid fishery have no
other viable alternative fisheries available to them and that a
decline or a loss of the market squid resource would cause economic
devastation to the individuals or corporations engaged in the market
squid fishery.
(d) The Legislature declares that to prevent excessive fishing
effort in the market squid fishery and to develop a plan for the
sustainable harvest of market squid, it is necessary to adopt and
implement a fishery management plan for the California market squid
fishery that sustains both the squid population and the marine life
that depends on squid.
(e) The Legislature finds that a sustainable California market
squid fishery can best be ensured through ongoing oversight and
management of the fishery by the commission. With regard to the
market squid fishery, the Legislature urges that any limited entry
component of a fishery management plan, if necessary, should be
adopted for the primary purpose of protecting the resource and not
simply for the purpose of diminishing or advancing the economic
interests of any particular individual or group.
8420.5. North of a line extending due west magnetic from Point
Conception, market squid may be taken for commercial purposes only
between noon on Sunday and noon on Friday of each week.
8421. (a) On or after April 1, 1998, no person shall use a vessel
to take or land market squid with dip nets (commonly referred to as
scoop nets), purse seine nets, or lampara nets for commercial
purposes unless the owner of that vessel has been issued a commercial
market squid vessel permit by the department that has not been
suspended or revoked.
(b) A commercial market squid vessel permit shall be issued only
for vessels employing dip, purse seine, or lampara nets for the
taking of market squid for commercial purposes. No permit is required
for any vessel taking or landing market squid for commercial
purposes if the amount taken by the vessel does not exceed two tons
landed in a calendar day or if the squid taken is used for live bait
only. No other nets shall be used for the taking of market squid from
a vessel for commercial purposes. Furthermore, it is unlawful to
possess in excess of two tons of incidentally taken squid per trip.
(c) A commercial market squid vessel permit shall be issued to a
person only if that person is the owner of record of the commercial
fishing vessel for which the permit is issued and the vessel is
registered with the department pursuant to Section 7881.
(d) A commercial market squid vessel permit shall be issued only
to the person who owns the vessel at the time of application for that
permit. For purposes of this subdivision, an owner includes any
person who has a lease-purchase agreement for the purchase of a
vessel.
(e) No person who is issued a commercial market squid vessel
permit shall sell, trade, or transfer the permit to another person.
(f) A commercial market squid vessel permit shall be issued
annually, commencing with the permit for the 1998-99 permit year.
(g) A violation of this section does not constitute a misdemeanor;
however, pursuant to Section 7857, the commission may revoke or
suspend the commercial market squid vessel permit or commercial
fishing license held by any person who violates this section.
(h) Squid landed in excess of the limit specified in subdivision
(b) of Section 8421 without a permit shall be forfeited to the
department by the signing of an official release of property form.
The squid shall be sold or disposed of in a manner to be determined
by the department. The proceeds from all sales shall be paid into the
Fish and Game Preservation Fund.
8421.5. If a commercial market squid vessel permit is issued for a
vessel that is owned by a bona fide partnership or corporation, that
partnership or corporation shall designate the individual who is the
operator and shall provide that information to the department
annually at the time of issuing the permit. If there is a dissolution
of the partnership or the corporation, the partnership or
corporation shall notify the department of the name of the partner or
shareholder who is the successor permitholder and the department
shall reissue the permit to that partner or shareholder.
8422. (a) The fee for a commercial market squid vessel permit shall
be four hundred dollars ($400).
(b) All applications for a commercial market squid vessel permit
for the 1998-99 permit year shall be received by the department on or
before April 30, 1998, or, if mailed, shall be postmarked by April
30, 1998. In order to renew a permit, an applicant shall have been
issued a commercial market squid vessel permit in the immediately
preceding year. Applications for renewal of the permit shall be
received by the department on or before April 30 of each year, or, if
mailed, shall be postmarked by April 30 of each year.
(c) Notwithstanding Section 7852.2, a penalty of two hundred fifty
dollars ($250) shall be paid in addition to the fee required under
subdivision (a) for applications that do not meet the deadline
specified in subdivision (b) but that are received by the department
on or before May 31 of any year.
(d) The department shall deny all applications received after May
31 of each year, and the application shall be returned to the
applicant who may appeal the denial to the commission. If the
commission issues a permit following an appeal, it shall assess the
late penalty prescribed by subdivision (c).
8423. (a) No person shall operate a squid light boat unless the
owner of the boat has been issued a commercial squid light boat owner'
s permit by the department and a permit number is affixed to the boat
in the manner prescribed by the department.
(b) The department shall issue a commercial squid light boat owner'
s permit to a person who submits an application, pays the permit fee,
and meets the other requirements of this section.
(c) The department may regulate the use of squid light boats
consistent with the regulations established for commercial squid
vessels.
(d) For the 2002-03 permit year, the fee for a commercial squid
light boat owner's permit is four hundred dollars ($400).
(e) It is unlawful for a person to engage in the following
activities, unless the vessel used for the activity has been issued a
commercial market squid vessel permit or the person holds a
commercial squid light boat owner's permit:
(1) Attracting squid by light displayed from a vessel, except from
a vessel deploying nets for the take, possession, and landing of
squid or except from the seine skiff of the vessel deploying nets for
the take, possession, and landing of squid.
(2) Attracting squid by light displayed from a vessel whose
primary purpose is other than the deployment, or assistance in the
deployment, of nets for the take, possession, and landing of squid.
(f) A commercial squid light boat owner's permit shall be issued
to a person who is the owner of record of a vessel that is registered
with the department pursuant to Section 7881. For purposes of this
subdivision, an owner includes any person who has a lease-purchase
agreement for the purchase of a vessel.
(g) No person who is issued a commercial squid light boat owner's
permit shall sell, trade, or transfer the permit to another person.
8423.5. (a) All applications for a commercial squid light boat
owner's permit for the 1998 permit year shall be received by the
department on or before April 30, 1998, or, if mailed, shall be
postmarked by April 30, 1998. In order to renew a permit, an
applicant shall have been issued a commercial squid light boat owner'
s permit in the immediately preceding year. Applications for renewal
of the permit shall be received by the department on or before April
30 of each year, or, if mailed, shall be postmarked by April 30 of
each year.
(b) Notwithstanding Section 7852.2, a penalty of two hundred fifty
dollars ($250) shall be paid in addition to the fee required under
subdivision (a) for applications that do not meet the deadline
specified in subdivision (b) but that are received by the department
on or before May 31 of any year.
(c) The department shall deny all applications received after May
31 of each year, and the application shall be returned to the
applicant who may appeal the denial to the commission. If the
commission issues a license following an appeal, it shall assess the
late penalty prescribed by subdivision (b).
8424. (a) No person shall purchase squid from a vessel or vessels
unless that person holds a license issued pursuant to Section 8032 or
8033, employs a certified weighmaster, and the facilities operated
by the person are located on a permanent, fixed location.
(b) Notwithstanding any other provision of law, this section shall
not apply to the transfer at sea of squid for live bait in an amount
less than 200 pounds in a calendar day.
8425. (a) On or before December 31, 2002, the commission, after
consideration of the report and recommendations prepared by the
department pursuant to subdivision (c) of Section 8426, and, after
public hearings, shall adopt a market squid fishery management plan
and regulations to protect the squid resource and manage the squid
fishery at a level that sustains healthy squid populations, taking
into account the level of fishing effort and ecological factors,
including, but not limited to, the species' role in the marine
ecosystem and oceanic conditions. The management plan shall be
consistent with the requirements of Part 1.7 (commencing with Section
7050). Development of the plan shall be coordinated with the federal
Coastal Pelagic Species Fishery Management Plan.
(b) On and after January 1, 2002, the commission shall manage the
squid fishery in accordance with the requirements of Part 1.7
(commencing with Section 7050).
8426. (a) The director shall be responsible for the development of
research protocols and the development of recommendations for the
management of the squid fishery as set forth in subdivision (c) and
for the conduct of public hearings to receive information on the
resource and the fishery. The director may establish a Squid Research
Scientific Committee consisting of persons with scientific knowledge
or expertise on the squid resource or fishery, who may be employed
by academic institutions, public or private research institutions, or
the private sector. The committee, if established, shall assist in
the development of research protocols and the preparation and review
of the market squid conservation and management plan as described in
subdivision (c). The department shall pay, from revenues derived
pursuant to this article, the necessary costs of the committee,
including a per diem to all members, as determined by the department.
(b) The director may establish a Squid Fishery Advisory Committee
consisting of members representing licensed squid fishermen, squid
processors, the recreational fishing industry, squid light boat
owners, marine conservation organizations, and the Sea Grant Marine
Advisory Program.
(c) The director shall hold public hearings to take testimony on
interim measures, squid research needs, and the development of the
management recommendations to be included in the report to the
Legislature. Notwithstanding Section 7550.5 of the Government Code,
on or before April 1, 2001, in consultation with the Squid Fishery
Advisory Committee, if established, and following public hearings,
the director shall submit to the Legislature a report on the status
of the market squid fishery with recommendations for a market squid
conservation and management plan, including, but not limited to, the
following information:
(1) Whether a limited access plan to manage the amount of fishing
effort in the market squid fishery is necessary and, if so, what
criteria should be used to determine who may participate in the
fishery, what the optimum number of vessels should be in the fishery,
and the overall fleet capacity.
(2) Whether it is necessary or advisable to reduce the number of
days of the week that market squid may be taken for commercial
purposes in specified areas of the state to protect the squid
resource.
(3) Whether there are areas, if any, that should be declared
harvest replenishment areas for squid where the taking of squid would
not be permitted.
(4) A research and monitoring program of the market squid resource
as may be needed to assist in the management of the market squid
fishery to assure sustainable harvests on an annual basis and funding
for that program.
(5) The regulation of squid light boats.
(6) Coordination that may be necessary with a federal coastal
pelagic species management plan, should one be adopted.
(7) Whether it is necessary or advisable to modify the method of
take or the use of fishing gear.
8427. (a) A commercial market squid vessel permit issued pursuant
to Section 8422 or a commercial squid light boat owner's permit
issued pursuant to Section 8423 may be transferred to another vessel
owned by the permitholder, if the vessel is of comparable capacity as
determined by United States Coast Guard documentation papers, and
only if the permitted vessel was lost, stolen, destroyed, or suffered
a major mechanical breakdown.
(b) The department shall not issue a permit for a replacement
vessel if the permitted vessel was reported as lost, stolen,
destroyed, or damaged for fraudulent purposes.
(c) Only the permitholder at the time of the loss, theft,
destruction, or mechanical breakdown of the vessel may apply for the
transfer of the vessel permit. Proof 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 investigating the loss.
(d) The vessel owner shall submit an application for the transfer
to the department on a form provided by the department and shall pay
a nonrefundable transfer fee of two hundred fifty dollars ($250) for
each transfer of a market squid vessel permit or a commercial squid
light boat owner's permit.
(e) The permit for the permitted vessel shall be current, and the
owner of the permitted vessel shall make assurances in the transfer
application that any renewal of the permit which becomes due during
the application processing period will be made.
(f) The owner of the permitted vessel shall submit evidence with
the transfer application sufficient to establish that he or she is
the owner of the permitted vessel and the owner of the replacement
vessel at the time of the application for transfer.
(g) The vessel owner shall sign the transfer application under
penalty of perjury and shall certify that the information included in
the application is true to the best of his or her knowledge and
belief.
8428. Commencing April 1, 2003, and annually thereafter, the fees
for a commercial market squid vessel permit and for a commercial
squid light boat owner's permit shall be established by the
commission. The total amount of fees collected pursuant to this
section, including any revenue derived from any other appropriate
source, as determined and allocated by the commission, shall not
exceed the department's and the commission's costs for managing the
market squid fishery pursuant to Section 8425. The fees collected
pursuant to this article shall be used only for the management of the
market squid fishery pursuant to Section 8425.
8429. Any statement made to the department, orally or in writing,
relating to a permit issued under this article, shall be made under
penalty of perjury. The commission shall revoke the commercial
fishing license, the commercial boat registration of any vessel, and,
if applicable, any licenses issued pursuant to Section 8032, 8033,
or 8034 that are held by any person submitting material false
statements, as determined by the commission, for the purpose of
obtaining a commercial market squid vessel permit or a commercial
light boat owner's permit.
8429.5. Notwithstanding any other provision of law, nothing in this
article shall prohibit or otherwise limit the authority of the
director or the commission under any other law.
8429.7. Sections 8420.5 to 8423.5, inclusive, and Sections 8426 and
8427 shall become inoperative upon the adoption by the commission of
a market squid fishery management plan and the adoption of
implementing regulations pursuant to Section 8425, and are repealed
six months thereafter.
8420. (a) The Legislature finds and declares that the fishery for
market squid (Loligo opalescens) is the state's largest fishery by
volume, generating millions of dollars of income to the state
annually from domestic and foreign sales. In addition to supporting
an important commercial fishery, the market squid resource is
important to the recreational fishery and is forage for other fish
taken for commercial and recreational purposes, as well as for marine
mammals, birds, and other marine life. The growing international
market for squid and declining squid production from other parts of
the world has resulted in an increased demand for California market
squid, which, in turn, has led to newer, larger, and more efficient
vessels entering the fishery and increased processing capacity.
(b) The Legislature finds that the lack of research on market
squid and the lack of annual at-sea surveys to determine the status
of the resource, combined with the increased demand for, and fishing
effort on, market squid could result in overfishing of the resource,
damaging the resource, and financially harming those persons engaged
in the taking, landing, processing, and sale of market squid.
(c) The Legislature further finds that some individuals, vessels,
and processing plants engaged in the market squid fishery have no
other viable alternative fisheries available to them and that a
decline or a loss of the market squid resource would cause economic
devastation to the individuals or corporations engaged in the market
squid fishery.
(d) The Legislature declares that to prevent excessive fishing
effort in the market squid fishery and to develop a plan for the
sustainable harvest of market squid, it is necessary to adopt and
implement a fishery management plan for the California market squid
fishery that sustains both the squid population and the marine life
that depends on squid.
(e) The Legislature finds that a sustainable California market
squid fishery can best be ensured through ongoing oversight and
management of the fishery by the commission. With regard to the
market squid fishery, the Legislature urges that any limited entry
component of a fishery management plan, if necessary, should be
adopted for the primary purpose of protecting the resource and not
simply for the purpose of diminishing or advancing the economic
interests of any particular individual or group.
8420.5. North of a line extending due west magnetic from Point
Conception, market squid may be taken for commercial purposes only
between noon on Sunday and noon on Friday of each week.
8421. (a) On or after April 1, 1998, no person shall use a vessel
to take or land market squid with dip nets (commonly referred to as
scoop nets), purse seine nets, or lampara nets for commercial
purposes unless the owner of that vessel has been issued a commercial
market squid vessel permit by the department that has not been
suspended or revoked.
(b) A commercial market squid vessel permit shall be issued only
for vessels employing dip, purse seine, or lampara nets for the
taking of market squid for commercial purposes. No permit is required
for any vessel taking or landing market squid for commercial
purposes if the amount taken by the vessel does not exceed two tons
landed in a calendar day or if the squid taken is used for live bait
only. No other nets shall be used for the taking of market squid from
a vessel for commercial purposes. Furthermore, it is unlawful to
possess in excess of two tons of incidentally taken squid per trip.
(c) A commercial market squid vessel permit shall be issued to a
person only if that person is the owner of record of the commercial
fishing vessel for which the permit is issued and the vessel is
registered with the department pursuant to Section 7881.
(d) A commercial market squid vessel permit shall be issued only
to the person who owns the vessel at the time of application for that
permit. For purposes of this subdivision, an owner includes any
person who has a lease-purchase agreement for the purchase of a
vessel.
(e) No person who is issued a commercial market squid vessel
permit shall sell, trade, or transfer the permit to another person.
(f) A commercial market squid vessel permit shall be issued
annually, commencing with the permit for the 1998-99 permit year.
(g) A violation of this section does not constitute a misdemeanor;
however, pursuant to Section 7857, the commission may revoke or
suspend the commercial market squid vessel permit or commercial
fishing license held by any person who violates this section.
(h) Squid landed in excess of the limit specified in subdivision
(b) of Section 8421 without a permit shall be forfeited to the
department by the signing of an official release of property form.
The squid shall be sold or disposed of in a manner to be determined
by the department. The proceeds from all sales shall be paid into the
Fish and Game Preservation Fund.
8421.5. If a commercial market squid vessel permit is issued for a
vessel that is owned by a bona fide partnership or corporation, that
partnership or corporation shall designate the individual who is the
operator and shall provide that information to the department
annually at the time of issuing the permit. If there is a dissolution
of the partnership or the corporation, the partnership or
corporation shall notify the department of the name of the partner or
shareholder who is the successor permitholder and the department
shall reissue the permit to that partner or shareholder.
8422. (a) The fee for a commercial market squid vessel permit shall
be four hundred dollars ($400).
(b) All applications for a commercial market squid vessel permit
for the 1998-99 permit year shall be received by the department on or
before April 30, 1998, or, if mailed, shall be postmarked by April
30, 1998. In order to renew a permit, an applicant shall have been
issued a commercial market squid vessel permit in the immediately
preceding year. Applications for renewal of the permit shall be
received by the department on or before April 30 of each year, or, if
mailed, shall be postmarked by April 30 of each year.
(c) Notwithstanding Section 7852.2, a penalty of two hundred fifty
dollars ($250) shall be paid in addition to the fee required under
subdivision (a) for applications that do not meet the deadline
specified in subdivision (b) but that are received by the department
on or before May 31 of any year.
(d) The department shall deny all applications received after May
31 of each year, and the application shall be returned to the
applicant who may appeal the denial to the commission. If the
commission issues a permit following an appeal, it shall assess the
late penalty prescribed by subdivision (c).
8423. (a) No person shall operate a squid light boat unless the
owner of the boat has been issued a commercial squid light boat owner'
s permit by the department and a permit number is affixed to the boat
in the manner prescribed by the department.
(b) The department shall issue a commercial squid light boat owner'
s permit to a person who submits an application, pays the permit fee,
and meets the other requirements of this section.
(c) The department may regulate the use of squid light boats
consistent with the regulations established for commercial squid
vessels.
(d) For the 2002-03 permit year, the fee for a commercial squid
light boat owner's permit is four hundred dollars ($400).
(e) It is unlawful for a person to engage in the following
activities, unless the vessel used for the activity has been issued a
commercial market squid vessel permit or the person holds a
commercial squid light boat owner's permit:
(1) Attracting squid by light displayed from a vessel, except from
a vessel deploying nets for the take, possession, and landing of
squid or except from the seine skiff of the vessel deploying nets for
the take, possession, and landing of squid.
(2) Attracting squid by light displayed from a vessel whose
primary purpose is other than the deployment, or assistance in the
deployment, of nets for the take, possession, and landing of squid.
(f) A commercial squid light boat owner's permit shall be issued
to a person who is the owner of record of a vessel that is registered
with the department pursuant to Section 7881. For purposes of this
subdivision, an owner includes any person who has a lease-purchase
agreement for the purchase of a vessel.
(g) No person who is issued a commercial squid light boat owner's
permit shall sell, trade, or transfer the permit to another person.
8423.5. (a) All applications for a commercial squid light boat
owner's permit for the 1998 permit year shall be received by the
department on or before April 30, 1998, or, if mailed, shall be
postmarked by April 30, 1998. In order to renew a permit, an
applicant shall have been issued a commercial squid light boat owner'
s permit in the immediately preceding year. Applications for renewal
of the permit shall be received by the department on or before April
30 of each year, or, if mailed, shall be postmarked by April 30 of
each year.
(b) Notwithstanding Section 7852.2, a penalty of two hundred fifty
dollars ($250) shall be paid in addition to the fee required under
subdivision (a) for applications that do not meet the deadline
specified in subdivision (b) but that are received by the department
on or before May 31 of any year.
(c) The department shall deny all applications received after May
31 of each year, and the application shall be returned to the
applicant who may appeal the denial to the commission. If the
commission issues a license following an appeal, it shall assess the
late penalty prescribed by subdivision (b).
8424. (a) No person shall purchase squid from a vessel or vessels
unless that person holds a license issued pursuant to Section 8032 or
8033, employs a certified weighmaster, and the facilities operated
by the person are located on a permanent, fixed location.
(b) Notwithstanding any other provision of law, this section shall
not apply to the transfer at sea of squid for live bait in an amount
less than 200 pounds in a calendar day.
8425. (a) On or before December 31, 2002, the commission, after
consideration of the report and recommendations prepared by the
department pursuant to subdivision (c) of Section 8426, and, after
public hearings, shall adopt a market squid fishery management plan
and regulations to protect the squid resource and manage the squid
fishery at a level that sustains healthy squid populations, taking
into account the level of fishing effort and ecological factors,
including, but not limited to, the species' role in the marine
ecosystem and oceanic conditions. The management plan shall be
consistent with the requirements of Part 1.7 (commencing with Section
7050). Development of the plan shall be coordinated with the federal
Coastal Pelagic Species Fishery Management Plan.
(b) On and after January 1, 2002, the commission shall manage the
squid fishery in accordance with the requirements of Part 1.7
(commencing with Section 7050).
8426. (a) The director shall be responsible for the development of
research protocols and the development of recommendations for the
management of the squid fishery as set forth in subdivision (c) and
for the conduct of public hearings to receive information on the
resource and the fishery. The director may establish a Squid Research
Scientific Committee consisting of persons with scientific knowledge
or expertise on the squid resource or fishery, who may be employed
by academic institutions, public or private research institutions, or
the private sector. The committee, if established, shall assist in
the development of research protocols and the preparation and review
of the market squid conservation and management plan as described in
subdivision (c). The department shall pay, from revenues derived
pursuant to this article, the necessary costs of the committee,
including a per diem to all members, as determined by the department.
(b) The director may establish a Squid Fishery Advisory Committee
consisting of members representing licensed squid fishermen, squid
processors, the recreational fishing industry, squid light boat
owners, marine conservation organizations, and the Sea Grant Marine
Advisory Program.
(c) The director shall hold public hearings to take testimony on
interim measures, squid research needs, and the development of the
management recommendations to be included in the report to the
Legislature. Notwithstanding Section 7550.5 of the Government Code,
on or before April 1, 2001, in consultation with the Squid Fishery
Advisory Committee, if established, and following public hearings,
the director shall submit to the Legislature a report on the status
of the market squid fishery with recommendations for a market squid
conservation and management plan, including, but not limited to, the
following information:
(1) Whether a limited access plan to manage the amount of fishing
effort in the market squid fishery is necessary and, if so, what
criteria should be used to determine who may participate in the
fishery, what the optimum number of vessels should be in the fishery,
and the overall fleet capacity.
(2) Whether it is necessary or advisable to reduce the number of
days of the week that market squid may be taken for commercial
purposes in specified areas of the state to protect the squid
resource.
(3) Whether there are areas, if any, that should be declared
harvest replenishment areas for squid where the taking of squid would
not be permitted.
(4) A research and monitoring program of the market squid resource
as may be needed to assist in the management of the market squid
fishery to assure sustainable harvests on an annual basis and funding
for that program.
(5) The regulation of squid light boats.
(6) Coordination that may be necessary with a federal coastal
pelagic species management plan, should one be adopted.
(7) Whether it is necessary or advisable to modify the method of
take or the use of fishing gear.
8427. (a) A commercial market squid vessel permit issued pursuant
to Section 8422 or a commercial squid light boat owner's permit
issued pursuant to Section 8423 may be transferred to another vessel
owned by the permitholder, if the vessel is of comparable capacity as
determined by United States Coast Guard documentation papers, and
only if the permitted vessel was lost, stolen, destroyed, or suffered
a major mechanical breakdown.
(b) The department shall not issue a permit for a replacement
vessel if the permitted vessel was reported as lost, stolen,
destroyed, or damaged for fraudulent purposes.
(c) Only the permitholder at the time of the loss, theft,
destruction, or mechanical breakdown of the vessel may apply for the
transfer of the vessel permit. Proof 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 investigating the loss.
(d) The vessel owner shall submit an application for the transfer
to the department on a form provided by the department and shall pay
a nonrefundable transfer fee of two hundred fifty dollars ($250) for
each transfer of a market squid vessel permit or a commercial squid
light boat owner's permit.
(e) The permit for the permitted vessel shall be current, and the
owner of the permitted vessel shall make assurances in the transfer
application that any renewal of the permit which becomes due during
the application processing period will be made.
(f) The owner of the permitted vessel shall submit evidence with
the transfer application sufficient to establish that he or she is
the owner of the permitted vessel and the owner of the replacement
vessel at the time of the application for transfer.
(g) The vessel owner shall sign the transfer application under
penalty of perjury and shall certify that the information included in
the application is true to the best of his or her knowledge and
belief.
8428. Commencing April 1, 2003, and annually thereafter, the fees
for a commercial market squid vessel permit and for a commercial
squid light boat owner's permit shall be established by the
commission. The total amount of fees collected pursuant to this
section, including any revenue derived from any other appropriate
source, as determined and allocated by the commission, shall not
exceed the department's and the commission's costs for managing the
market squid fishery pursuant to Section 8425. The fees collected
pursuant to this article shall be used only for the management of the
market squid fishery pursuant to Section 8425.
8429. Any statement made to the department, orally or in writing,
relating to a permit issued under this article, shall be made under
penalty of perjury. The commission shall revoke the commercial
fishing license, the commercial boat registration of any vessel, and,
if applicable, any licenses issued pursuant to Section 8032, 8033,
or 8034 that are held by any person submitting material false
statements, as determined by the commission, for the purpose of
obtaining a commercial market squid vessel permit or a commercial
light boat owner's permit.
8429.5. Notwithstanding any other provision of law, nothing in this
article shall prohibit or otherwise limit the authority of the
director or the commission under any other law.
8429.7. Sections 8420.5 to 8423.5, inclusive, and Sections 8426 and
8427 shall become inoperative upon the adoption by the commission of
a market squid fishery management plan and the adoption of
implementing regulations pursuant to Section 8425, and are repealed
six months thereafter.
8420. (a) The Legislature finds and declares that the fishery for
market squid (Loligo opalescens) is the state's largest fishery by
volume, generating millions of dollars of income to the state
annually from domestic and foreign sales. In addition to supporting
an important commercial fishery, the market squid resource is
important to the recreational fishery and is forage for other fish
taken for commercial and recreational purposes, as well as for marine
mammals, birds, and other marine life. The growing international
market for squid and declining squid production from other parts of
the world has resulted in an increased demand for California market
squid, which, in turn, has led to newer, larger, and more efficient
vessels entering the fishery and increased processing capacity.
(b) The Legislature finds that the lack of research on market
squid and the lack of annual at-sea surveys to determine the status
of the resource, combined with the increased demand for, and fishing
effort on, market squid could result in overfishing of the resource,
damaging the resource, and financially harming those persons engaged
in the taking, landing, processing, and sale of market squid.
(c) The Legislature further finds that some individuals, vessels,
and processing plants engaged in the market squid fishery have no
other viable alternative fisheries available to them and that a
decline or a loss of the market squid resource would cause economic
devastation to the individuals or corporations engaged in the market
squid fishery.
(d) The Legislature declares that to prevent excessive fishing
effort in the market squid fishery and to develop a plan for the
sustainable harvest of market squid, it is necessary to adopt and
implement a fishery management plan for the California market squid
fishery that sustains both the squid population and the marine life
that depends on squid.
(e) The Legislature finds that a sustainable California market
squid fishery can best be ensured through ongoing oversight and
management of the fishery by the commission. With regard to the
market squid fishery, the Legislature urges that any limited entry
component of a fishery management plan, if necessary, should be
adopted for the primary purpose of protecting the resource and not
simply for the purpose of diminishing or advancing the economic
interests of any particular individual or group.
8420.5. North of a line extending due west magnetic from Point
Conception, market squid may be taken for commercial purposes only
between noon on Sunday and noon on Friday of each week.
8421. (a) On or after April 1, 1998, no person shall use a vessel
to take or land market squid with dip nets (commonly referred to as
scoop nets), purse seine nets, or lampara nets for commercial
purposes unless the owner of that vessel has been issued a commercial
market squid vessel permit by the department that has not been
suspended or revoked.
(b) A commercial market squid vessel permit shall be issued only
for vessels employing dip, purse seine, or lampara nets for the
taking of market squid for commercial purposes. No permit is required
for any vessel taking or landing market squid for commercial
purposes if the amount taken by the vessel does not exceed two tons
landed in a calendar day or if the squid taken is used for live bait
only. No other nets shall be used for the taking of market squid from
a vessel for commercial purposes. Furthermore, it is unlawful to
possess in excess of two tons of incidentally taken squid per trip.
(c) A commercial market squid vessel permit shall be issued to a
person only if that person is the owner of record of the commercial
fishing vessel for which the permit is issued and the vessel is
registered with the department pursuant to Section 7881.
(d) A commercial market squid vessel permit shall be issued only
to the person who owns the vessel at the time of application for that
permit. For purposes of this subdivision, an owner includes any
person who has a lease-purchase agreement for the purchase of a
vessel.
(e) No person who is issued a commercial market squid vessel
permit shall sell, trade, or transfer the permit to another person.
(f) A commercial market squid vessel permit shall be issued
annually, commencing with the permit for the 1998-99 permit year.
(g) A violation of this section does not constitute a misdemeanor;
however, pursuant to Section 7857, the commission may revoke or
suspend the commercial market squid vessel permit or commercial
fishing license held by any person who violates this section.
(h) Squid landed in excess of the limit specified in subdivision
(b) of Section 8421 without a permit shall be forfeited to the
department by the signing of an official release of property form.
The squid shall be sold or disposed of in a manner to be determined
by the department. The proceeds from all sales shall be paid into the
Fish and Game Preservation Fund.
8421.5. If a commercial market squid vessel permit is issued for a
vessel that is owned by a bona fide partnership or corporation, that
partnership or corporation shall designate the individual who is the
operator and shall provide that information to the department
annually at the time of issuing the permit. If there is a dissolution
of the partnership or the corporation, the partnership or
corporation shall notify the department of the name of the partner or
shareholder who is the successor permitholder and the department
shall reissue the permit to that partner or shareholder.
8422. (a) The fee for a commercial market squid vessel permit shall
be four hundred dollars ($400).
(b) All applications for a commercial market squid vessel permit
for the 1998-99 permit year shall be received by the department on or
before April 30, 1998, or, if mailed, shall be postmarked by April
30, 1998. In order to renew a permit, an applicant shall have been
issued a commercial market squid vessel permit in the immediately
preceding year. Applications for renewal of the permit shall be
received by the department on or before April 30 of each year, or, if
mailed, shall be postmarked by April 30 of each year.
(c) Notwithstanding Section 7852.2, a penalty of two hundred fifty
dollars ($250) shall be paid in addition to the fee required under
subdivision (a) for applications that do not meet the deadline
specified in subdivision (b) but that are received by the department
on or before May 31 of any year.
(d) The department shall deny all applications received after May
31 of each year, and the application shall be returned to the
applicant who may appeal the denial to the commission. If the
commission issues a permit following an appeal, it shall assess the
late penalty prescribed by subdivision (c).
8423. (a) No person shall operate a squid light boat unless the
owner of the boat has been issued a commercial squid light boat owner'
s permit by the department and a permit number is affixed to the boat
in the manner prescribed by the department.
(b) The department shall issue a commercial squid light boat owner'
s permit to a person who submits an application, pays the permit fee,
and meets the other requirements of this section.
(c) The department may regulate the use of squid light boats
consistent with the regulations established for commercial squid
vessels.
(d) For the 2002-03 permit year, the fee for a commercial squid
light boat owner's permit is four hundred dollars ($400).
(e) It is unlawful for a person to engage in the following
activities, unless the vessel used for the activity has been issued a
commercial market squid vessel permit or the person holds a
commercial squid light boat owner's permit:
(1) Attracting squid by light displayed from a vessel, except from
a vessel deploying nets for the take, possession, and landing of
squid or except from the seine skiff of the vessel deploying nets for
the take, possession, and landing of squid.
(2) Attracting squid by light displayed from a vessel whose
primary purpose is other than the deployment, or assistance in the
deployment, of nets for the take, possession, and landing of squid.
(f) A commercial squid light boat owner's permit shall be issued
to a person who is the owner of record of a vessel that is registered
with the department pursuant to Section 7881. For purposes of this
subdivision, an owner includes any person who has a lease-purchase
agreement for the purchase of a vessel.
(g) No person who is issued a commercial squid light boat owner's
permit shall sell, trade, or transfer the permit to another person.
8423.5. (a) All applications for a commercial squid light boat
owner's permit for the 1998 permit year shall be received by the
department on or before April 30, 1998, or, if mailed, shall be
postmarked by April 30, 1998. In order to renew a permit, an
applicant shall have been issued a commercial squid light boat owner'
s permit in the immediately preceding year. Applications for renewal
of the permit shall be received by the department on or before April
30 of each year, or, if mailed, shall be postmarked by April 30 of
each year.
(b) Notwithstanding Section 7852.2, a penalty of two hundred fifty
dollars ($250) shall be paid in addition to the fee required under
subdivision (a) for applications that do not meet the deadline
specified in subdivision (b) but that are received by the department
on or before May 31 of any year.
(c) The department shall deny all applications received after May
31 of each year, and the application shall be returned to the
applicant who may appeal the denial to the commission. If the
commission issues a license following an appeal, it shall assess the
late penalty prescribed by subdivision (b).
8424. (a) No person shall purchase squid from a vessel or vessels
unless that person holds a license issued pursuant to Section 8032 or
8033, employs a certified weighmaster, and the facilities operated
by the person are located on a permanent, fixed location.
(b) Notwithstanding any other provision of law, this section shall
not apply to the transfer at sea of squid for live bait in an amount
less than 200 pounds in a calendar day.
8425. (a) On or before December 31, 2002, the commission, after
consideration of the report and recommendations prepared by the
department pursuant to subdivision (c) of Section 8426, and, after
public hearings, shall adopt a market squid fishery management plan
and regulations to protect the squid resource and manage the squid
fishery at a level that sustains healthy squid populations, taking
into account the level of fishing effort and ecological factors,
including, but not limited to, the species' role in the marine
ecosystem and oceanic conditions. The management plan shall be
consistent with the requirements of Part 1.7 (commencing with Section
7050). Development of the plan shall be coordinated with the federal
Coastal Pelagic Species Fishery Management Plan.
(b) On and after January 1, 2002, the commission shall manage the
squid fishery in accordance with the requirements of Part 1.7
(commencing with Section 7050).
8426. (a) The director shall be responsible for the development of
research protocols and the development of recommendations for the
management of the squid fishery as set forth in subdivision (c) and
for the conduct of public hearings to receive information on the
resource and the fishery. The director may establish a Squid Research
Scientific Committee consisting of persons with scientific knowledge
or expertise on the squid resource or fishery, who may be employed
by academic institutions, public or private research institutions, or
the private sector. The committee, if established, shall assist in
the development of research protocols and the preparation and review
of the market squid conservation and management plan as described in
subdivision (c). The department shall pay, from revenues derived
pursuant to this article, the necessary costs of the committee,
including a per diem to all members, as determined by the department.
(b) The director may establish a Squid Fishery Advisory Committee
consisting of members representing licensed squid fishermen, squid
processors, the recreational fishing industry, squid light boat
owners, marine conservation organizations, and the Sea Grant Marine
Advisory Program.
(c) The director shall hold public hearings to take testimony on
interim measures, squid research needs, and the development of the
management recommendations to be included in the report to the
Legislature. Notwithstanding Section 7550.5 of the Government Code,
on or before April 1, 2001, in consultation with the Squid Fishery
Advisory Committee, if established, and following public hearings,
the director shall submit to the Legislature a report on the status
of the market squid fishery with recommendations for a market squid
conservation and management plan, including, but not limited to, the
following information:
(1) Whether a limited access plan to manage the amount of fishing
effort in the market squid fishery is necessary and, if so, what
criteria should be used to determine who may participate in the
fishery, what the optimum number of vessels should be in the fishery,
and the overall fleet capacity.
(2) Whether it is necessary or advisable to reduce the number of
days of the week that market squid may be taken for commercial
purposes in specified areas of the state to protect the squid
resource.
(3) Whether there are areas, if any, that should be declared
harvest replenishment areas for squid where the taking of squid would
not be permitted.
(4) A research and monitoring program of the market squid resource
as may be needed to assist in the management of the market squid
fishery to assure sustainable harvests on an annual basis and funding
for that program.
(5) The regulation of squid light boats.
(6) Coordination that may be necessary with a federal coastal
pelagic species management plan, should one be adopted.
(7) Whether it is necessary or advisable to modify the method of
take or the use of fishing gear.
8427. (a) A commercial market squid vessel permit issued pursuant
to Section 8422 or a commercial squid light boat owner's permit
issued pursuant to Section 8423 may be transferred to another vessel
owned by the permitholder, if the vessel is of comparable capacity as
determined by United States Coast Guard documentation papers, and
only if the permitted vessel was lost, stolen, destroyed, or suffered
a major mechanical breakdown.
(b) The department shall not issue a permit for a replacement
vessel if the permitted vessel was reported as lost, stolen,
destroyed, or damaged for fraudulent purposes.
(c) Only the permitholder at the time of the loss, theft,
destruction, or mechanical breakdown of the vessel may apply for the
transfer of the vessel permit. Proof 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 investigating the loss.
(d) The vessel owner shall submit an application for the transfer
to the department on a form provided by the department and shall pay
a nonrefundable transfer fee of two hundred fifty dollars ($250) for
each transfer of a market squid vessel permit or a commercial squid
light boat owner's permit.
(e) The permit for the permitted vessel shall be current, and the
owner of the permitted vessel shall make assurances in the transfer
application that any renewal of the permit which becomes due during
the application processing period will be made.
(f) The owner of the permitted vessel shall submit evidence with
the transfer application sufficient to establish that he or she is
the owner of the permitted vessel and the owner of the replacement
vessel at the time of the application for transfer.
(g) The vessel owner shall sign the transfer application under
penalty of perjury and shall certify that the information included in
the application is true to the best of his or her knowledge and
belief.
8428. Commencing April 1, 2003, and annually thereafter, the fees
for a commercial market squid vessel permit and for a commercial
squid light boat owner's permit shall be established by the
commission. The total amount of fees collected pursuant to this
section, including any revenue derived from any other appropriate
source, as determined and allocated by the commission, shall not
exceed the department's and the commission's costs for managing the
market squid fishery pursuant to Section 8425. The fees collected
pursuant to this article shall be used only for the management of the
market squid fishery pursuant to Section 8425.
8429. Any statement made to the department, orally or in writing,
relating to a permit issued under this article, shall be made under
penalty of perjury. The commission shall revoke the commercial
fishing license, the commercial boat registration of any vessel, and,
if applicable, any licenses issued pursuant to Section 8032, 8033,
or 8034 that are held by any person submitting material false
statements, as determined by the commission, for the purpose of
obtaining a commercial market squid vessel permit or a commercial
light boat owner's permit.
8429.5. Notwithstanding any other provision of law, nothing in this
article shall prohibit or otherwise limit the authority of the
director or the commission under any other law.
8429.7. Sections 8420.5 to 8423.5, inclusive, and Sections 8426 and
8427 shall become inoperative upon the adoption by the commission of
a market squid fishery management plan and the adoption of
implementing regulations pursuant to Section 8425, and are repealed
six months thereafter.
