1. (a) Permits will include conditions under which traps shall be used to take fish, mollusks or crustaceans. No person shall use any trap except as authorized in a permit. The taking of spot prawns shall be subject to the conditions of this section and section 180.1.
2. (b) Every person who takes or assists in taking fish, mollusks, or crustaceans with any trap or who possesses or transports fish, mollusks, or crustaceans on any boat, barge, or vessel when any trap is aboard, shall have in his possession a valid permit issued to him pursuant to this section while engaged in any such activity.
3. (c) The department may inspect the traps at any time.
4. (d) Records. Pursuant to section 190 of these regulations, each permittee may be required by the department to complete and submit an accurate log of the fishing operations on a form (Daily Trap Log, DFG 180A (10/89) or Daily Sablefish Trap Log, DFG 180B (10/89), see Appendix A) provided by the department.
5. (e) Traps must be marked by buoys as specified by the department.
6. (f) All traps must have at least one destruct device of a type authorized by the department.

7. (g) The permit may be suspended temporarily by the Director for a breach or violation of the terms of the permit by the holder thereof, or any member of his crew on the designated vessel. In addition, the permit may be temporarily suspended or denied by the Director if he determines that the trap or its operation is detrimental to any of the ocean's living marine resources. The commission shall be notified of any such suspension, and subsequently may revoke or reinstate the permit or fix the period of its suspension after written notice to the permittee and after he has been afforded an opportunity to be heard. In the event a permit is denied by the Director the applicant may apply for an experimental fishing permit under Section 91 of these regulations.

   1. (h) The permit number of the boat operator shall be displayed on both sides of the boat in ten-inch black numbers on a white background. All permittees aboard the boat shall be mutually responsible for the proper display of the numbers.
   2. (i) Cost of Permit. The fee for this permit shall be the amount specified in Section 9001, Fish and Game Code.
   3. (j) Exemption from Tidal Invertebrate Permit. A commercial fisherman operating under the provisions of a commercial trap permit and lobster operator permit is not required to possess a Tidal Invertebrate Permit, but is subject to the provisions of Section 123.

Revocable, nontransferable permits to use traps for commercial purposes may be issued by the department to take fish, mollusks and crustaceans except market crabs (Cancer magister) and lobster under the following conditions:

Note: Authority cited: Sections 1022, 7701, 7708, 8491 and 8500, Fish and Game Code. Reference: Sections 1022, 7700, 7701, 7702, 7702.1, 7703, 7704, 7705, 7706, 7707, 7708, 7709, 7710.1, 7710.5, 8490, 8491, 8500, 9000, 9000.5, 9001, 9001.6, 9001.7, 9001.8, 9002, 9002.5, 9003, 9004, 9005, 9006, 9007, 9008, 9010, 9011 and 9015, Fish and Game Code.

History

1. New section filed 1-24-75 as an emergency; effective upon filing. Certificate of Compliance included (Register 75, No. 4).

2. Amendment filed 3-17-76 as an emergency; effective upon filing (Register 76, No. 12).

3. Certificate of Compliance filed 5-4-76 (Register 76, No. 19).

4. Amendment of subsections (b) and (f) and new subsection (k) filed 4-11-78; effective thirtieth day thereafter (Register 78, No. 15).

5. Amendment filed 4-11-80; effective thirtieth day thereafter (Register 80, No. 15).

6. Amendment of Note filed 10-19-81; effective thirtieth day thereafter (Register 81, No. 43).

7. Amendment of subsection (f) filed 12-8-89; operative 1-1-90 (Register 89, No. 50).

8. New subsection (l) filed 4-18-91; operative 5-18-91 (Register 91, No. 21).

9. Amendment of subsections (a), (e)(2), (f) and Note filed 11-14-95; operative 11-14-95 pursuant to Fish and Game Code sections 202 and 215 (Register 95, No. 46).

10. Repealer of subsections (c), (e)-(e)(6), and (j), subsection relettering, amendment of newly designated subsection (i) and amendment of Note filed 9-19-97; operative 10-19-97 (Register 97, No. 38).

11. New subsection (j) filed 3-8-2005; operative 4-7-2005 (Register 2005, No. 10).

12. Amendment of subsection (g) and amendment of Note filed 3-2-2022; operative 4-1-2022 pursuant to Government Code section 11343.4(b)(3) (Register 2022, No. 9).