Section 8405.3 Of Article 9.1. Sea Cucumbers From California Fish And Game Code >> Division 6. >> Part 3. >> Chapter 2. >> Article 9.1.
8405.3
. (a) The commission, upon recommendation of the department
or upon its own motion and in consultation with the sea cucumber
fishing industry, may adopt regulations, including provisions
governing seasons, gear restrictions, hours of operation, and any
other measures that it determines may reasonably be necessary to
protect the sea cucumber resource and to assure a sustainable sea
cucumber fishery or to enhance enforcement activities.
(b) The number of sea cucumber permits issued for the April 1,
1997, to March 31, 1998, inclusive, permit year shall constitute the
maximum number of permits available for all subsequent permit years
for the sea cucumber fishery. The department may establish by
regulation a method, if necessary, to reissue any sea cucumber permit
not renewed or transferred. The permit type of a sea cucumber
permit, either trawl or dive, that is reissued shall not be
transferable.
(c) The commission may permanently revoke the sea cucumber permit
of any person convicted of the unlawful taking of any California
halibut while operating pursuant to a sea cucumber permit. The
commission may revoke the sea cucumber permit of any person convicted
of any other violation of this code or regulation adopted pursuant
thereto while operating pursuant to a sea cucumber permit. Any
revocation of a permit pursuant to this subdivision shall be in
addition to any action the department may take pursuant to Section
12000.
(d) Subsequent to the 1997-98 permit year, the department, using
existing funds, may determine the actual costs to the department of
enforcing this article. The commission, upon recommendation of the
department, may adjust the fee for the issuance or transfer of a
permit to an amount not to exceed three hundred fifty dollars ($350),
to reflect the actual cost of enforcing this article.