citation: FGC § 8036

text:
(a) Any person who purchases or receives fish that are taken outside of this state and brought into this state by a person who is not a licensed commercial fisherman, for the purpose of resale to other than the ultimate consumer, shall obtain a fish importer’s license. The annual fee for a fish importer’s license is five hundred forty-nine dollars ($549).

(b) Any person who, for the purpose of resale to other than the ultimate consumer, purchases or obtains fish within California in addition to fish that are purchased, obtained, or taken outside of the state, shall obtain both a wholesaler’s license pursuant to Section 8035 and an importer’s license pursuant to this section.

history: (History: Amended by Stats. 2009, Ch. 294, Sec. 16. (AB 1442) Effective January 1, 2010.)

article: 7. Commercial Fish Business Licenses


kind: section

code: FGC

citation: FGC § 8037

text:
(a) A person who engages in business involving fish which business activity would require more than one class of license under this article shall obtain either a commercial fish business license issued under subdivision (a) of Section 8032 or each of the specialty licenses which are required for the classes of activities engaged in. Each plant, facility, or other place of business in which an activity occurs that is required to be licensed shall have a copy of the required license on the premises.

(b) This section shall become operative on January 1, 1993.

history: (History: Amended by Stats. 2023, Ch. 132, Sec. 143. (AB 1760) Effective January 1, 2024.)

division: 6. FISH

chapter: 1. Generally

article: 7. Commercial Fish Business Licenses

path: 6. FISH > 1. Generally > 7. Commercial Fish Business Licenses


citation: FGC § 8038

text: A license issued under this article is valid from January 1 to December 31, inclusive, or, if issued after the beginning of that term, for the remainder thereof.

history: (History: Added by Stats. 1993, Ch. 1117, Sec. 1. Effective January 1, 1994.)

article: 7. Commercial Fish Business Licenses


citation: FGC § 8039

text: The fees specified in this article are applicable to the 2004 license year and shall be adjusted annually thereafter pursuant to Section 713.

history: (History: Added by Stats. 2003, Ch. 741, Sec. 40. Effective January 1, 2004.)

article: 7. Commercial Fish Business Licenses


citation: FGC § 8040

text:
The following definitions govern the construction of this article.

(a) “Commercial fisherman” means a person who has a valid, unrevoked commercial fishing license issued pursuant to Section 7850.

(b) “Landing fee” means the fee imposed pursuant to Section 8041.

history: (History: Amended by Stats. 2023, Ch. 132, Sec. 144. (AB 1760) Effective January 1, 2024.)

article: 7.5. Landing Fees

path: 6. FISH > 1. Generally > 7.5. Landing Fees


citation: FGC § 8041

text:
(a) The following persons shall pay the landing fee determined pursuant to Section 8042:

(1) Any person who is required to be licensed as a fish receiver, and any person who is licensed before January 1, 1987, as a wholesaler or a processor pursuant to former Section 8040 and who receives fish from commercial fishermen.

(2) Any commercial fisherman who sells fish to any person who is not a fish receiver licensed under Article 7 (commencing with Section 8030).

(b) The following persons are exempt from the landing fee imposed under this article:

(1) A person licensed pursuant to Section 8460 who only takes, transports, or sells live freshwater fish for bait.

(2) A commercial fisherman who sells live freshwater fish for bait to a person described in paragraph (1).

(3) A commercial fisherman who sells live aquaria fish.

(4) A person as described in subdivision (g) of Section 8030 who purchases, sells, takes, or receives live marine fish for use exclusively as live bait that are not brought ashore.

(5) A person licensed pursuant to Section 8033.1 who takes, transports, or sells live aquaria fish as described in Section 8597. It is the intent of the Legislature that the license fee for live aquaria fish described in Section 8033.1 shall be in lieu of a landing fee imposed under this article.

history: (History: Amended by Stats. 2023, Ch. 876, Sec. 5. (SB 500) Effective January 1, 2024.)

article: 7.5. Landing Fees


citation: FGC § 8042

text: The amount of the landing fee under this article shall be determined by multiplying the fee rate for the type of fish delivered by a commercial fisherman in this state in accordance with the schedule in Section 8051 by the number of pounds, or fraction thereof, delivered. If the fee is imposed based upon weight in the round, and the fish is cleaned, gutted, beheaded, or otherwise not in the round at the time of delivery, the fees shall be adjusted by a conversion factor as determined by the department by regulation.

history: (History: Amended by Stats. 2017, Ch. 26, Sec. 14. (SB 92) Effective June 27, 2017.)

article: 7.5. Landing Fees


citation: FGC § 8043

text:
(a) The following persons shall report all fish sales, deliveries, transfers, and landings using an electronic fish ticket as prescribed pursuant to regulations adopted by the commission:

(1) A person who is required to be licensed under Article 7 (commencing with Section 8030) to conduct the activities of a fish receiver, as described in Section 8033.

(2) A commercial fisher who sells, delivers, or transfers fish to a person who is not a fish receiver licensed under Article 7 (commencing with Section 8030).

(3) A commercial fisher who sells, delivers, or transfers live marine fish for use exclusively as live bait that are not brought ashore to a person who is not a fish receiver licensed under Article 7 (commencing with Section 8030).

(4) A person licensed under Article 7 (commencing with Section 8030) who brings ashore their own fish as described in Section 8033 or 8033.5.

(5) A commercial fisher licensed pursuant to Section 8033.5 who sells fish to persons not licensed to receive fish for commercial purposes pursuant to Article 7 (commencing with Section 8030).

(b) The electronic fish ticket shall show all of the following:

(1) The name of the species of landed fish as designated by the department, or if not designated, the commonly used name of the species.

(2) (A) The accurate weight of the species of fish received. Sablefish may be reported in dressed weight, and if so reported, shall have the round weights computed, for purposes of management quotas, by multiplying 1.6 times the reported dressed weight.

(B) For purposes of this paragraph, “accurate weight” means a weight that is determined by a scale that conforms to the standard within the applicable tolerances and other performance requirements as required by the California Code of Regulations or the Business and Professions Code, but for marine fish used as live bait that are not brought ashore, the department may adopt rules and regulations necessary to establish other methods to determine accurate weight.

(3) The commercial fisher’s name and the commercial fishing license identification number.

(4) The department registration number of the boat.

(5) The name of the recipient of the fish, and that person’s identification number, if applicable.

(6) The date of receipt.

(7) The price paid for the fish, except for live marine fish for use exclusively as live bait that are not brought ashore.

(8) The department origin block number where the fish were caught.

(9) The type of gear used.

(10) Any other information the department may require.

(c) A person identified in paragraph (1), (2), or (3) of subdivision (a) shall complete the electronic fish ticket as prescribed by regulation at the time of receipt, purchase, or transfer of fish, whichever occurs first. A person identified in paragraph (4) of subdivision (a) shall complete the electronic fish ticket as prescribed by regulation at the time the fish are brought ashore. A person identified in paragraph (5) of subdivision (a) shall complete the electronic fish ticket either at the time of individual sale or at the completion of sales for the calendar day of sales pursuant to Section 8043.2.

(d) With the exception of live marine fish for use exclusively as bait that is not subsequently brought ashore or as otherwise prescribed by regulation, the receipt, purchase, or transfer of fish shall not occur at sea or from vessel to vessel.

(e) A person taking, purchasing, or receiving fish, whether or not licensed under Article 7 (commencing with Section 8030), shall sign the original paper hard copy of the electronic fish ticket as prescribed by regulation.

history: (History: Amended by Stats. 2025, Ch. 227, Sec. 2. (SB 609) Effective January 1, 2026.)

article: 7.5. Landing Fees


text:
(a) A person required to be licensed as a marine aquaria receiver shall make a legible, true, and complete record of the landing receipts on a form and in a manner prescribed by the department.

(b) The department may require any information from a person required to be licensed as a marine aquaria receiver it deems necessary to carry out this article.

(c) The landing receipt form shall be completed at the time the organisms are received from the commercial fisherman. A person required to be licensed as a marine aquaria receiver who takes his or her own organisms shall complete a marine aquaria landing receipt form at the time the organisms are brought ashore.

(d) The copies of the aquaria landing receipts shall be delivered to the department, as provided in Section 8046.

history: (History: Amended by Stats. 2018, Ch. 601, Sec. 1. (SB 269) Effective January 1, 2019.)

article: 7.5. Landing Fees


text:
(a) A commercial fisherman licensed pursuant to Section 8033.5 who sells fish from a vessel directly to the ultimate consumer and who is required pursuant to Section 8043 to make an electronic fish ticket shall make an electronic fish ticket in either of the following ways:

(1) For each individual sale by that fisherman at the time of the sale.

(2) For each day that the fisherman is engaged in one or more sales to the ultimate consumers, the fisherman shall maintain an accurate tally sheet of sales, which shall include complete header and signature box information filled out prior to any sales, and the number of pounds by species of fish sold. The total of the daily sales shall be recorded at the completion of sales for that day on an electronic fish ticket. A copy of the completed tally sheet shall be attached to the corresponding electronic fish ticket. The original completed tally sheet shall be attached to the fisherman’s copy of the corresponding electronic fish ticket and maintained for a period of four years.

(b) A commercial fisherman licensed pursuant to Section 8033.5 who sells directly to the ultimate consumer, or a commercial fisherman who sells or delivers fish that the fisherman has taken to any person who is not licensed under Article 7 (commencing with Section 8030) to conduct the activities of a fish receiver, shall not be considered a weighmaster for purposes of Chapter 7 (commencing with Section 12700) of Division 5 of the Business and Professions Code.

(c) A commercial fisherman selling their own catch to the ultimate customer, upon request by an authorized agent or employee of the department, shall immediately make available all fish in possession of the fisherman for inspection and sampling by the agent or employee. Pursuant to Section 8226, the fisherman shall relinquish the head from any sampled salmon with a missing adipose fin.

history: (History: Amended by Stats. 2023, Ch. 876, Sec. 7. (SB 500) Effective January 1, 2024.)

article: 7.5. Landing Fees


citation: FGC § 8046

text:
(a) The electronic fish ticket made under Section 8043 shall be submitted to the department within three business days of the landing unless otherwise specified in regulations. The original signed copy of the paper landing receipt made under Section 8043.1 shall be delivered to the department on or before the 16th or last day of the month in which the fish were landed, whichever date occurs first after the landing. A copy of the electronic fish ticket or landing receipt shall be delivered to the commercial fisherman at the time of the purchase or receipt of the fish. That copy of the electronic fish ticket or landing receipt shall be retained by the commercial fisherman for a period of four years and shall be available for inspection at any time during that period by the department. A copy of the electronic fish ticket or landing receipt shall be kept by the person licensed pursuant to Article 7 (commencing with Section 8030), or live bait dealer registered with the department, who filled out the electronic fish ticket or landing receipt for a period of four years and shall be available for inspection at any time within that period by the department.

(b) On delivery of sardines, anchovies, mackerel, squid, tuna, or bonito intended to be processed or sold as fresh fish, the person licensed pursuant to Article 7 (commencing with Section 8030) who filled out the electronic fish ticket or landing receipt, upon request of the authorized agent described in subdivision (c), shall notify the authorized agent of the unloading and weighing of the fish and shall permit the authorized agent to be present at all times during the weighing of the fish.

(c) A copy of the electronic fish ticket or landing receipt shall be delivered to an agent authorized in writing by the majority of the persons who participated in the taking of the fish, excluding the commercial fisherman receiving the original copy.

(d) For purposes of this section, “business day” means Monday to Friday, inclusive, excluding days designated as state or federal holidays.

history: (History: Amended by Stats. 2023, Ch. 876, Sec. 9. (SB 500) Effective January 1, 2024.)

article: 7.5. Landing Fees


text: In addition to the requirements of Section 8046, any person landing groundfish subject to federal groundfish regulations adopted pursuant to the Magnuson Fishery Conservation and Management Act (16 U.S.C. Sec. 1801 et seq.) shall keep a copy of the electronic fish ticket on board the fishing vessel throughout, and for 15 days following, each period for which cumulative landings by individual vessels are limited.

history: (History: Amended by Stats. 2023, Ch. 876, Sec. 10. (SB 500) Effective January 1, 2024.)

article: 7.5. Landing Fees


citation: FGC § 8047

text:
(a) (1) An original printed signed hard copy of the electronic fish ticket as required by Section 8043 or landing receipt as required by Section 8043.1 shall be retained by the licensee for a period of four years and shall be available for inspection at any time within that period by the department. A copy shall be delivered to an agent authorized in writing by the majority of the persons who participated in the taking of the fish, excluding the commercial fisherman receiving the original copy.

(2) A person licensed under Section 8033.5 who sells their fish to a licensed receiver may use a transportation receipt pursuant to subdivision (b) to transport those fish only to that licensed receiver. The receiver shall complete an electronic fish ticket for those fish. Transportation receipts shall be completed at the time the fish are transferred from the fishing vessel.

(b) (1) Every commercial fisherman or their designee, who transports, causes to be transported, or delivers to another person for transportation, any fish, except herring, taken from the waters of this state or brought into this state in fresh condition, shall fill out a transportation receipt according to the instructions and on forms provided by the department at the time the fish are brought ashore. Unless otherwise prescribed by regulation, the receipt or transfer of fish shall not occur at sea or from vessel to vessel.

(2) The original signed copy of the transportation receipt shall be delivered by the commercial fisherman to the department on or before the 16th day or the last day of the month in which the fish were landed, whichever date occurs first after landing. A copy of the transportation receipt shall be retained by the commercial fisherman who filled it out for a period of four years and shall be available for inspection at any time within that period by the department. A copy of the transportation receipt shall be given to and retained by the person transporting the fish until the fish are sold fresh, processed, or otherwise disposed of.

(3) The transportation receipt is required only for transit purposes.

(4) A person transporting fish from the point of first landing under a transportation receipt is not required to be licensed to conduct the activities of a fish receiver as described in Section 8033.

(5) The transportation book receipt shall be issued to an individual fisherman and is not transferable.

(c) The transportation receipt shall contain all of the following information:

(1) The name of each species of transported fish, as designated by the department, or if not designated, the commonly used name of the species.

(2) The date and time of the receipt.

(3) The accurate weight of the species of fish being transported. Sablefish may be reported in dressed weight, and if so reported, shall have the round weights computed, for purposes of management quotas, by multiplying 1.6 times the reported dressed weight.

(4) The name and identification number of the fisherman. The signature of the fisherman authorizing transportation.

(5) The name of the person transporting the fish.

(6) The name of the fish business, the fish business identification number, and the corresponding electronic fish ticket or landing receipt number issued by the fish business to the commercial fisherman.

(7) The department registration number of the vessel and the name of the vessel.

(8) The department origin block number where the fish were caught.

(9) The port of first landing.

(10) Any other information the department may prescribe.

(d) The numbered transportation receipt forms in each individual transportation receipt book shall be completed sequentially. A voided fish transportation receipt shall have the word “VOID” plainly and noticeably written on the face of the receipt. A voided fish transportation receipt shall be submitted to the department in the same manner as a completed fish transportation receipt is submitted to the department. A commercial fisherman who is no longer conducting business as a licensed fisherman shall forward all unused transportation receipts and transportation receipt books to the department immediately upon terminating their business activity.

history: (History: Amended by Stats. 2023, Ch. 876, Sec. 11. (SB 500) Effective January 1, 2024.)

article: 7.5. Landing Fees


citation: FGC § 8050

text:
(a) In addition to the receipt required by Section 8043, every person licensed under Article 7 (commencing with Section 8030), and any commercial fisherman who sells fish to persons who are not licensed under Article 7 (commencing with Section 8030), and any person who deals in fresh or frozen fish for profit, shall keep accounting records in which all of the following shall be recorded:

(1) The name as designated by the department of each different species of fish sold, distributed, or taken, or if not designated, the commonly used name of each species.

(2) The number of pounds sold, distributed, or taken of each different species.

(3) The name of the person to whom the fish were sold or distributed.

(4) The name, address, and phone number of the seller or distributor.

(5) The date of sale.

(6) The price paid.

(7) The intended use.

(b) Accounting record information required by this section that is transmitted from any person identified in subdivision (a) to any business that deals in fish for profit shall be in the English language.

(c) The accounting records shall be maintained by both buyer and seller for a period of three years and upon request, shall be open for inspection during normal business hours by the department. The accounting records shall be maintained within the State of California.

history: (History: Amended by Stats. 2023, Ch. 132, Sec. 149. (AB 1760) Effective January 1, 2024.)

article: 7.5. Landing Fees


citation: FGC § 8051

text:
(a) The landing fee imposed pursuant to Section 8041 shall be determined pursuant to Section 8042 by using the fee rates in the following schedule, as adjusted pursuant to subdivision (b):Rate per pound Lobster$ 0.1333Spot prawn and abalone$ 0.1000Salmon and swordfish, based only on the weight in the round$ 0.0333Halibut, sea cucumber, white seabass, sheephead, and Dungeness crab$ 0.0333Shortspine thornyhead, sablefish, lingcod, and prawns and shrimp (except spot prawn and pink shrimp)$ 0.0133Angel, thresher, and bonito sharks, based only on the weight in the round$ 0.0097All fish and invertebrates unless otherwise specified$ 0.0067Sea urchin, pink shrimp, smelts, soles, turbot, longspine thornyhead, night smelt, and sanddabs$ 0.0047Bonito, flounder, grenadiers, herring, and skates$ 0.0027Market squid$ 0.0023Anchovy, mackerel, sardines, and Pacific whiting$ 0.0010(b) (1) The fee rates specified in subdivision (a) are applicable to the 2020 calendar year, and shall be adjusted annually thereafter pursuant to this subdivision.

(2) The changes in the Implicit Price Deflator for State and Local Government Purchases of Goods and Services, as published by the United States Department of Commerce, shall be used as the index to determine an annual rate of increase or decrease in the fee rates specified in subdivision (a).

(3) The department shall determine the change in the Implicit Price Deflator for State and Local Government Purchases of Goods and Services, as published by the United States Department of Commerce, for the quarter ending March 31 of the current year compared to the quarter ending March 31 of the previous year. The relative amount of the change shall be multiplied by the current fee rates.

(4) The product of the calculation made pursuant to paragraph (3) shall be added to the applicable fee rate for the current year. The resulting amounts shall be the fee rates for the calendar year beginning on or after January 1 of the next succeeding calendar year.

(c) The calculations provided for in this section shall be reported by the department to the Legislature with the Governor’s Budget Bill.

(d) The Legislature finds that all revenue generated by fee rates computed under this section, and used for the purposes for which they were imposed, are not subject to Article XIIIB of the California Constitution.

history: (History: Amended by Stats. 2019, Ch. 472, Sec. 1. (SB 262) Effective January 1, 2020.)

article: 7.5. Landing Fees


text:
(a) The landing fee collected pursuant to former Section 8051.3 shall be deposited in the Fish and Game Preservation Fund and shall be used only for the Abalone Resources Restoration and Enhancement Program. The department shall maintain internal accounts necessary to ensure that the funds are disbursed for the purposes in this section. The department may use for administration no more of the landing fee collected pursuant to former Section 8051.3 than an amount equal to the regularly approved department indirect overhead rate. Any interest on the revenues from the landing fee collected pursuant to former Section 8051.3 shall be deposited in the fund and used for the purposes in this subdivision.

(b) This section shall become operative on January 1, 2012.

history: (History: Amended by Stats. 2017, Ch. 26, Sec. 17. (SB 92) Effective June 27, 2017.)

article: 7.5. Landing Fees


citation: FGC § 8052

text:
Landing fees shall be used only for the administration of laws relating to the commercial fishing industry, except as follows:

(a) Not less than 90 percent of the landing fee on herring taken for roe shall be expended for research and management activities to maintain and enhance the herring resources within the waters of this state.

(b) Not less than 90 percent of the landing fee on thresher shark or bonito (mako) shark shall be expended for the study required by, and for the costs of administering, Article 16 (commencing with Section 8561) of Chapter 2.

history: (History: Amended by Stats. 2017, Ch. 26, Sec. 18. (SB 92) Effective June 27, 2017.)

article: 7.5. Landing Fees


citation: FGC § 8053

text:
(a) Landing fees imposed by this article shall be paid quarterly to the department within 30 days after the close of each quarter.

(b) The department may adopt regulations specifying the procedures for collecting landing fees not paid within 30 days after the close of the quarter for which they are due. These procedures may include, but are not limited to, the procedures prescribed for sales and use taxes provided in Chapter 5 (commencing with Section 6451) and Chapter 6 (commencing with Section 6701) of Part 1 of Division 2 of the Revenue and Taxation Code.

history: (History: Amended by Stats. 2017, Ch. 26, Sec. 19. (SB 92) Effective June 27, 2017.)

article: 7.5. Landing Fees


citation: FGC § 8056

text: Except as otherwise provided in this article, all moneys collected pursuant to this article shall be paid to the department, and shall be expended for the patrol of packing plants, inspection and regulation of the fishing industry, and conservation work for the benefit of the commercial fishing industries.

history: (History: Enacted by Stats. 1957, Ch. 456.)

article: 7.5. Landing Fees


citation: FGC § 8057

text: If the department determines that any fee or penalty has been paid more than once or has been erroneously or illegally collected or computed, the department shall set forth that fact in the records of the department. The excess amount collected or paid shall be credited on any amounts then due and payable from the person under this part, and the balance shall be refunded to the person, or his or her successors, administrators, or executors.

history: (History: Amended by Stats. 2017, Ch. 26, Sec. 21. (SB 92) Effective June 27, 2017.)

article: 7.5. Landing Fees


citation: FGC § 8058

text: In the event of overpayment of any of the fees imposed by this article, the feepayer may file a claim for refund or a claim for credit with the department. No refund or credit shall be approved by the department unless the claim is filed with the department within six months after the close of the calendar year in which the overpayment was made.

history: (History: Amended by Stats. 2017, Ch. 26, Sec. 22. (SB 92) Effective June 27, 2017.)

article: 7.5. Landing Fees


citation: FGC § 8059

text: Every claim for refund or credit for overpayment of a landing fee shall be in writing and shall state the specific grounds upon which the claim is founded.

history: (History: Amended by Stats. 2017, Ch. 26, Sec. 23. (SB 92) Effective June 27, 2017.)

article: 7.5. Landing Fees


citation: FGC § 8060

text: Failure to file a claim for refund or credit within the time prescribed in this article constitutes a waiver of any demand against the state on account of overpayment of a landing fee.

history: (History: Amended by Stats. 2017, Ch. 26, Sec. 24. (SB 92) Effective June 27, 2017.)

article: 7.5. Landing Fees


citation: FGC § 8061

text: Within 30 days after disallowing any claim for refund or credit for overpayment of a landing fee in whole or in part, the department shall serve notice of its action on the claimant, either personally or by mail. If served by mail, service shall be made pursuant to Section 1013 of the Code of Civil Procedure and shall be addressed to the licensee at his or her address as it appears in the records of the department, but the service shall be deemed complete at the time of the deposit of the notice in the mail without extension of time for any reason.

history: (History: Amended by Stats. 2017, Ch. 26, Sec. 25. (SB 92) Effective June 27, 2017.)

article: 7.5. Landing Fees


citation: FGC § 8062

text: Interest shall be paid upon any overpayment of a landing fee at the rate of one-half of 1 percent per month from the date of overpayment. The interest shall be paid to the date the claim for refund or credit is approved by the department.

history: (History: Amended by Stats. 2017, Ch. 26, Sec. 26. (SB 92) Effective June 27, 2017.)

article: 7.5. Landing Fees


citation: FGC § 8063

text: If the department determines that any overpayment of a landing fee has been made intentionally or by reason of carelessness, it shall not allow any interest thereon.

history: (History: Amended by Stats. 2017, Ch. 26, Sec. 27. (SB 92) Effective June 27, 2017.)

article: 7.5. Landing Fees


citation: FGC § 8064

text: No injunction or writ of mandate or other legal or equitable process shall issue in any suit, action, or proceeding in any court against this state or against any officer of the state to prevent or enjoin the collection under this article of any landing fee.

history: (History: Amended by Stats. 2017, Ch. 26, Sec. 28. (SB 92) Effective June 27, 2017.)

article: 7.5. Landing Fees


citation: FGC § 8065

text: No suit or proceeding shall be maintained in any court for the recovery of any amount of landing fee alleged to have been erroneously paid or erroneously or illegally determined or collected unless a claim for refund or credit has been duly filed pursuant to Sections 8058 and 8059.

history: (History: Amended by Stats. 2017, Ch. 26, Sec. 29. (SB 92) Effective June 27, 2017.)

article: 7.5. Landing Fees


citation: FGC § 8066

text:
Within 90 days after the mailing of the notice of the department’s action upon a claim filed pursuant to Sections 8058 and 8059, the claimant may bring an action against the department on the grounds set forth in the claim in a court of competent jurisdiction in any city or city and county of this State in which the Attorney General has an office for the recovery of the whole or any part of the amount with respect to which the claim has been disallowed.

Failure to bring action within the time specified constitutes a waiver of any demand against the State on account of alleged overpayments.

history: (History: Added by Stats. 1959, Ch. 1988.)

article: 7.5. Landing Fees


citation: FGC § 8067

text: If the department fails to mail notice of action on a claim for refund or credit for overpayment of a landing fee within six months after the claim is filed, the claimant may, before the mailing of notice by the department of its action on the claim, consider the claim disallowed and bring an action against the department on the grounds set forth in the claim for the recovery of the whole or any part of the amount claimed as an overpayment.

history: (History: Amended by Stats. 2017, Ch. 26, Sec. 30. (SB 92) Effective June 27, 2017.)

article: 7.5. Landing Fees


citation: FGC § 8068

text: If judgment is rendered for the plaintiff, the amount of the judgment shall first be credited on any landing fee due and payable from the plaintiff to the state under this article. The balance of the judgment shall be refunded to the plaintiff.

history: (History: Amended by Stats. 2017, Ch. 26, Sec. 31. (SB 92) Effective June 27, 2017.)

article: 7.5. Landing Fees


citation: FGC § 8069

text: In any judgment, interest shall be allowed at the legal rate of interest on unsatisfied judgments, as provided in Section 685.010 of the Code of Civil Procedure, upon the amount found to have been illegally collected from the date of payment of the amount to the date of allowance of credit on account of the judgment or to a date preceding the date of the refund warrant by not more than 30 days, the date to be determined by the department.

history: (History: Amended by Stats. 1986, Ch. 1049, Sec. 48. Effective September 24, 1986.)

article: 7.5. Landing Fees


citation: FGC § 8070

text: A judgment shall not be rendered in favor of the plaintiff in any action brought against the department to recover any amount paid when the action is brought by or in the name of an assignee of the person paying the amount or by any person other than the person who paid the amount.

article: 7.5. Landing Fees


citation: FGC § 8075

text: The commission may grant a permit, subject to such regulations as it may prescribe, to take and use fish by a reduction or extraction process.

article: 8. Reduction Permits

path: 6. FISH > 1. Generally > 8. Reduction Permits


citation: FGC § 8076

text: No reduction of fish shall be permitted which may tend to deplete the species, or result in waste or deterioration of fish.

article: 8. Reduction Permits


citation: FGC § 8077

text: No permit shall be issued except after a public hearing and a finding by the commission that the granting thereof would promote the economic utilization of the fish resources of the State in the public interest. In making such finding the commission shall take into consideration the interest of the people of the State in the utilization and conservation of the fish supply and all economic and other factors relating thereto, including the efficient and economical operation of reduction plants.

article: 8. Reduction Permits


citation: FGC § 8078

text: A hearing pursuant to this article shall be held within 30 days after application for a permit, upon such notice as the commission shall prescribe. The commission may extend such a hearing from time to time for a total period of not more than 30 days.

article: 8. Reduction Permits


citation: FGC § 8079

text: The commission shall, whenever necessary to prevent overexpansion, to insure the efficient and economical operation of reduction plants, or to otherwise carry out the provisions of this article, limit the total number of permits which are granted.

article: 8. Reduction Permits


text: Notwithstanding any other provision of this code or regulation adopted pursuant to this code, the director or a representative appointed by the director, may, without notice or a hearing, grant a license to a fish reduction plant to dispose of dead or dying fish. The license may be immediately issued by the director or the director’s representative whenever that person determines, in that person’s discretion, that an emergency situation exists. The estimated tonnage to be reduced shall be specified as a limit in the license.

history: (History: Amended by Stats. 2015, Ch. 154, Sec. 89. (AB 1527) Effective January 1, 2016.)

article: 8. Reduction Permits


citation: FGC § 8080

text: Nothing in this article restricts the power of any court in any proceeding relating to any matter arising out of the provisions of this article.

article: 8. Reduction Permits


citation: FGC § 8100

text: “Limited entry fishery” means a fishery in which the number of persons who may participate or the number of vessels that may be used in taking a specified species of fish is limited by statute or regulation.

history: (History: Amended by Stats. 1999, Ch. 483, Sec. 20. Effective January 1, 2000.)

article: 9. Limited Entry Fisheries

path: 6. FISH > 1. Generally > 9. Limited Entry Fisheries


citation: FGC § 8101

text:
(a) Any licensed fisherman shall be eligible for inclusion during the initial year of a limited entry fishery which is established by statute that becomes operative after January 1, 1982, or by regulation that becomes operative after January 1, 1999, regardless of the prescribed conditions for entry into the fishery, if the fisherman presents to the department satisfactory evidence that he or she has been licensed as a California commercial fisherman for at least 20 years and has participated in the fishery for at least one of those 20 years, with qualifying participation in the fishery to be determined by the commission based on landings or other appropriate criteria.

(b) Fishermen who have established eligibility to participate in a limited entry fishery under this section are subject to conditions of continuing eligibility established by statute or regulation if those fishermen desire to maintain their eligibility.

history: (History: Amended by Stats. 2000, Ch. 388, Sec. 4.5. Effective January 1, 2001.)

article: 9. Limited Entry Fisheries


citation: FGC § 8102

text:
(a) The Legislature finds and declares that, in some limited entry fisheries, two or more partners may be operating with one of the partners holding the permit to participate in the fishery. The Legislature further finds and declares that undocumented, de facto, family partnerships are a longstanding custom in these fisheries. The Legislature further finds and declares that great hardship results when the permittee partner is no longer able to continue working and leaves the other partner without a permit to continue participating in the fishery.

(b) In any limited entry fishery in which permits are allocated to participants in the fishery, and where the death, incapacity, or retirement of a permittee from that fishery would deprive a working partner of the permittee of the ability to continue to derive a livelihood from that fishery, a permit shall be issued, upon application, to one remaining partner.

(c) A working partner for the purposes of this section shall be a spouse, child (including an adopted child), or sibling of the permittee, whose investment or equity need not be proven by documentation, or a person who can prove an investment or equity in the vessel or gear used in the fishery, and who would otherwise have been eligible for a permit and did not obtain one because he or she was working with or was a partner with the permittee.

(d) The working partner shall also provide substantial evidence of an actual physical working participation aboard the vessel supported by the submission of documents filed with the Franchise Tax Board and supported by trip settlement sheets or similar documents that demonstrate earnings from that participation. “Trip settlement sheet” means a document prepared after a vessel has completed a fishing trip which displays the costs incurred, revenues received, and profits paid out. Investment or equity alone does not establish that the person is a working partner.

(e) Those existing working partners other than the family relationships specified in subdivision (c) may, not later than February 1, 1984, declare and prove the working partnership in a manner satisfactory to the department and request that the department state the fact of the working partnership upon the permit. Thereafter, a nonfamily working partnership shall be declared, proved, and noted upon any limited entry permit at the first issuance of the permit.

(f) This article does not apply to permits to take herring for roe in California.

history: (History: Amended by Stats. 1988, Ch. 1505, Sec. 2.)

article: 9. Limited Entry Fisheries


citation: FGC § 8103

text:
(a) The Legislature finds and declares as follows:

(1) The accidental death of a limited entry permittee results in great hardships on the permittee’s family.

(2) Under the law as it existed immediately prior to January 1, 1987, if a member of the permittee’s family has not been actively working in the fishery, the limited entry permit could not be transferred to a member of the family, an action which deprives the family of the opportunity to continue to derive a livelihood from the fishery and which imposes greater hardships.

(3) When there is an accidental death of a limited entry permittee, a transition period is necessary to allow a family member to join the fishery and to become acclimated, knowledgeable, and experienced in the fishery.

(b) Notwithstanding Section 8102, the department shall transfer a permit for a limited entry fishery, upon application, to a parent, spouse, child, or sibling of a permittee whose death was the result of an accident which occurred after January 1, 1986.

(c) Application for the transfer of a permit pursuant to subdivision (b) shall be made on or before January 1, 1987, or not more than one year after the death of the permittee, whichever is later.

(d) The director may authorize another person, when requested by the new permittee, to serve in the place of the new permittee and to engage in fishing activities under the authority of the limited entry permit for not more than two years from the date of the permit transfer.

(e) “Accidental death” means death resulting directly and solely from any of the following:

(1) An accidental injury visible on the surface of the body or disclosed by an autopsy, sustained solely by external, violent, and accidental means.

(2) A disease or infection resulting directly from an accidental injury and beginning within 30 days after the date of the injury.

(3) An accidental drowning.

history: (History: Amended by Stats. 1988, Ch. 120, Sec. 1.)

article: 9. Limited Entry Fisheries


citation: FGC § 8110

text:
(a) The Legislature finds and declares that dramatic changes have very recently taken place in the methods and geographic areas of effort by California-based commercial fishermen.

(b) The Legislature further finds and declares that because the conditions which now exist could not be seen at the time of their inception, some existing regulations are now unreasonably restrictive. In some cases, existing statutes and regulations prohibit California fishermen from participating in or landing in California the primary product, or the incidental product, of their effort in the newly developed far offshore fisheries. This situation is detrimental to the interests of the fishermen, the fish processors, and the consumers of California.

history: (History: Added by Stats. 1983, Ch. 675, Sec. 1.)

article: 10. Far Offshore Fishing

path: 6. FISH > 1. Generally > 10. Far Offshore Fishing


citation: FGC § 8111

text: “Far offshore fishery” means a fishery that lies outside the United States 200-mile exclusive economic zone, as defined by paragraph (6) of Section 1802 of Title 16 of the United States Code.

history: (History: Amended by Stats. 1995, Ch. 619, Sec. 1. Effective January 1, 1996.)

article: 10. Far Offshore Fishing


citation: FGC § 8112

text: Notwithstanding any other section of this code, fish taken in a far offshore fishery, which may be lawfully imported, may be landed in this state by persons operating a commercial fishing vessel registered pursuant to Article 4 (commencing with Section 7880) who took the fish in the far offshore fishery.

history: (History: Amended by Stats. 1995, Ch. 619, Sec. 2. Effective January 1, 1996.)

article: 10. Far Offshore Fishing


citation: FGC § 8113

text:
(a) Prior to departure from any port in the United States for the purpose of taking fish in the far offshore fishery, the operator of any vessel landing fish in California that will be taken in the far offshore fishery shall file a declaration with the department on forms prescribed by the department.

(b) The declaration shall be valid when signed by the vessel operator and completed with information prescribed by the department.

(c) Upon completion of the trip and within 12 hours of arrival at a port in this state, the operator of the vessel shall complete and submit the return portion of the declaration to the department.

(d) This section does not apply to any commercial fisherman using or possessing only troll lines, as defined in subdivision (b) of Section 9025.5, or gear for angling, as defined in Section 15, for the taking or possession of albacore only.

history: (History: Amended by Stats. 2002, Ch. 573, Sec. 2. Effective January 1, 2003.)

article: 10. Far Offshore Fishing


citation: FGC § 8114

text: It is unlawful for the operator of any vessel operating under authority of this article to fish in, or land fish from, any waters within the United States 200-mile exclusive economic zone during any trip for which the operator filed a declaration with the department to fish in the far offshore fishery.

history: (History: Amended by Stats. 1995, Ch. 619, Sec. 5. Effective January 1, 1996.)

article: 10. Far Offshore Fishing


citation: FGC § 8120

text:
The definitions in this section govern the construction of this article:

(a) “Environmental purpose” means the intent to prevent or minimize adverse ecological effects to water quality.

(b) “High seas interception” means the unauthorized taking of salmon for commercial purposes outside the United States 200-mile fishery conservation zone. “Unauthorized” means contrary to a statute or regulation of the United States or this state or to a treaty or international fishery agreement, or in violation of a foreign law.

(c) “Humanitarian purpose” means the intent to provide medical services for a sick or injured person, or to prevent the loss of human life.

(d) “Process” means affecting the condition or location of salmon, including preparation, packaging, storage, refrigeration, or transportation.

(e) “Written instrument” means hand written or printed matter, including vessels’ logs and papers, bills of lading and sale, documents relating to processing, shipping, and customs, and information stamped on or affixed to cans, crates, containers, freight, or other means of storage or packaging.

history: (History: Added by Stats. 1990, Ch. 745, Sec. 2.)

article: 11. High Seas Interception of Salmon

path: 6. FISH > 1. Generally > 11. High Seas Interception of Salmon


citation: FGC § 8121

text:
It is unlawful for any person to do any of the following:

(a) To buy, sell, trade, process, or possess salmon, or attempt to buy, sell, trade, process, or possess salmon, with the knowledge that the salmon has been, or will be, obtained by high seas interception.

(b) To knowingly provide financing, premises, equipment, supplies, services, power, or fuel used to buy, sell, trade, process, or possess salmon that has been, or will be, obtained by high seas interception.

(c) Act as a broker or middleman, or otherwise act on behalf of another person, to arrange for or negotiate, or attempt to arrange for or negotiate, the purchase, sale, trade, processing, or possession of salmon, with the knowledge that the salmon has been, or will be, obtained by high seas interception.

article: 11. High Seas Interception of Salmon


citation: FGC § 8122

text: It is unlawful for any person to create, circulate, or possess any written instrument related to salmon with the knowledge that the written instrument conveys misleading or untrue information about the ownership, possession, processing, origin, destination, route of shipping, type, or condition of salmon, or the time, place, and manner of the taking of the salmon.

article: 11. High Seas Interception of Salmon


citation: FGC § 8123

text:
(a) If any person knows that a vessel contains salmon obtained by high seas interception or that the owner or operator of the vessel intends to engage in the high seas interception of salmon, it is unlawful for that person to do any of the following:

(1) Move persons, cargo, or other property to or from the vessel.

(2) Service or repair the vessel or its equipment.

(3) Provide the vessel with power, supplies, equipment, or fuel.

(4) Provide the vessel with information, other than weather reports, capable of aiding the high seas interception of salmon or frustrating or avoiding detection, including communicating the movements, intentions, or activities of state or federal law enforcement officials or other fishing vessels.

(5) Permit the vessel to dock or anchor, or to remain docked or anchored, if that person is responsible for the operation of the facility, harbor, or anchorage.

(b) This section does not prohibit any person from performing any act or acts set forth in subdivision (a), if that person reasonably believes that the act or acts were necessary for humanitarian or environmental purposes or to prevent a significant loss of property, if that person provides immediate notice, by the quickest available means, to the United States Coast Guard, the department, or any law enforcement agency as to the type of assistance provided and the circumstances involved.

article: 11. High Seas Interception of Salmon


citation: FGC § 8125

text: There is hereby established the Commercial Fisheries Capacity Reduction Account in the Fish and Game Preservation Fund. Fees collected pursuant to Section 8126 shall be deposited into the account. Money in the account shall be used to repay the California fishermen’s share of any federal loans used in the federal West Coast Groundfish Fishery Capacity Reduction Program (Sec. 212, P.L. 107-206). The commission may establish, by regulation, any additional program elements necessary to conform state law to federal law, in order to allow California groundfish fishermen to fully participate in the federally established buy-back program for the Pacific groundfish fishery.

history: (History: Added by Stats. 2003, Ch. 514, Sec. 1. Effective January 1, 2004.)

path: 6. FISH > 1. Generally > 12. Commercial Fisheries Capacity Reduction Program


citation: FGC § 8126

text: The commission shall establish a capacity reduction fee on the taking of certain species of fish and shellfish, consistent with the West Coast Groundfish Fishery Capacity Reduction Program. In establishing the fee, the commission shall also consider the administrative cost associated with collecting these fees.

article: 12. Commercial Fisheries Capacity Reduction Program


citation: FGC § 8140

text: All fish, the taking of which is not otherwise restricted for commercial purposes, by state or federal law or any regulations adopted pursuant to those laws, may be taken at any time for commercial purposes.

history: (History: Amended by Stats. 1998, Ch. 1052, Sec. 13. Effective January 1, 1999.)

chapter: 2. Particular Varieties of Fish

article: 1. General Season

path: 6. FISH > 2. Particular Varieties of Fish > 1. General Season


text:
(a) Sardines may not be taken or possessed on any boat, barge, or vessel except pursuant to Section 8150.7.

(b) This section does not prohibit the possession or use of sardines imported into this state under a bill of lading identifying the country of origin.

(c) Imported sardines may be used for dead bait under regulations adopted by the commission.

history: (History: Amended by Stats. 2000, Ch. 388, Sec. 5. Effective January 1, 2001.)

article: 2. Sardines

path: 6. FISH > 2. Particular Varieties of Fish > 2. Sardines


text: It is the intent of the Legislature that the sardine resource be managed with the objective of maximizing the sustained harvest. The department shall manage the sardine resource in conformance with the federal fishery regulations as recommended by the Pacific Fishery Management Council and as adopted by the Secretary of Commerce.

history: (History: Amended by Stats. 2000, Ch. 388, Sec. 6. Effective January 1, 2001.)

article: 2. Sardines


citation: FGC § 8154

text: No person shall receive, possess, or sell sardines for any purpose except for that purpose specified on the fish receipt completed at the time of landing of those sardines pursuant to Section 8043.

history: (History: Added by Stats. 1989, Ch. 858, Sec. 4.)

article: 2. Sardines


citation: FGC § 8180

text: In any district or part of a district lying south of a line drawn east and west through Point Mugu, anchovies may be taken in any quantity for bait or for human consumption in a fresh state, or, by contract with the department, for hatchery food, not to exceed 500 tons per year.

history: (History: Enacted by Stats. 1957, Ch. 456.)

article: 3. Anchovies

path: 6. FISH > 2. Particular Varieties of Fish > 3. Anchovies


citation: FGC § 8181

text: Anchovies taken south of that line in waters not less than three nautical miles from the nearest point of land on the mainland shore, and anchovies taken north of that line in any waters, may be possessed, transported, sold, or otherwise dealt with in any district or part of a district south of that line.

article: 3. Anchovies


citation: FGC § 8182

text: The operator of a boat engaged in taking anchovies in waters south of the line described in Section 8180 shall at all times while operating the boat identify it by displaying on an exposed part of the superstructure, amidships on each side and on top of the house visible from the air, the department registration number of the boat, in 14-inch black numerals on white background.

history: (History: Amended by Stats. 2015, Ch. 154, Sec. 90. (AB 1527) Effective January 1, 2016.)

article: 3. Anchovies


citation: FGC § 8183

text:
(a) No anchovies may be taken for any purpose in Humboldt Bay, except under the following conditions:

(1) Anchovies may be taken between May 1 and December 1.

(2) Not more than 60 tons of anchovies may be taken between May 1 and December 1 of each year.

(3) Only bait nets, as defined in Section 8780, shall be used to take anchovy.

(4) Any game fish caught incidentally in bait nets shall be released by use of a hand scoop net or by dipping the cork line.

(b) An accurate record of all fishing operations shall be kept and is subject to inspection by the department.

(c) The commission may adopt regulations it determines are necessary to protect anchovy in Humboldt Bay, including, if applicable and based on credible science, a regulation that changes the permitted take amount established pursuant to paragraph (2) of subdivision (a).

history: (History: Amended by Stats. 2018, Ch. 985, Sec. 5. (SB 1309) Effective January 1, 2019.)

article: 3. Anchovies


citation: FGC § 8190

text:
(a) It is the policy of the State of California that the anchovy resource shall be managed in a manner which insures the continued abundance of the species. To that end, the department shall conduct, or have others conduct, annual anchovy egg-larvae surveys or any other annual surveys, research, and analyses necessary to insure that an accurate biomass estimate is made.

(b) This section shall become operative, and activities shall be carried out pursuant to this section only in the event, and to the extent, that funding is made available for such activities by the federal government.

history: (History: Added by Stats. 1978, Ch. 897.)

article: 3. Anchovies


text: Except as modified by the director pursuant to Section 7652, salmon may be taken under authority of a commercial fishing license and a commercial fishing salmon stamp only in Districts 6, 7, 10, 11, 16, 17, 18, and 19. All species of salmon, except silver salmon, may be taken only between April 15 and September 30. Silver salmon may be taken only between May 15 and September 30. No king salmon may be possessed that is less than 26 inches in length and no silver salmon may be possessed that is less than 22 inches. The length of salmon is to be measured from the tip of the snout to the extreme tip of the tail without resorting to any force other than swinging or fanning the tail. Salmon may be taken for commercial purposes only by hook and line and there is no bag limit.

history: (History: Amended by Stats. 1988, Ch. 1009, Sec. 1.5.)

article: 4. Salmon

path: 6. FISH > 2. Particular Varieties of Fish > 4. Salmon


citation: FGC § 8213

text: During the period when salmon may not be taken for commercial purposes in any district, salmon may be sold in that district only under the regulations of the commission.

article: 4. Salmon


citation: FGC § 8214

text: It is unlawful to take salmon for commercial purposes at the mouth of Humboldt Bay in those portions of Districts 6 and 7 within three nautical miles north and south of a line drawn due west for three nautical miles from the center of the mouth of that bay.

article: 4. Salmon


citation: FGC § 8215

text: Silver salmon may not be sold or possessed in, or transported through, District 6, 7, 10, 11, 16, 17, or 18, during the time when the taking of silver salmon for commercial purposes is unlawful in those districts.

history: (History: Amended by Stats. 1988, Ch. 1009, Sec. 2.)

article: 4. Salmon


citation: FGC § 8217

text: Salmon may be sold subject to the exceptions and restrictions contained in this article.

article: 4. Salmon


citation: FGC § 8218

text: It is unlawful to gaff, club, otherwise injure, or possess any king or silver salmon under the legal size.

history: (History: Amended by Stats. 1965, Ch. 189.)

article: 4. Salmon


citation: FGC § 8219

text: Salmon may not be taken for commercial purposes in District 6 at the mouths of the Smith and Klamath Rivers within three nautical miles north and south of a line drawn due west for three nautical miles from the center of the mouth of each of those streams, or during the months of August and September in District 7 at the mouth of the Eel River within two nautical miles north and south of a line drawn due west for two nautical miles from the center of the mouth of that stream.

article: 4. Salmon


citation: FGC § 8226

text:
(a) Notwithstanding any measurement requirements under this code, and to implement the department’s salmon tagging program, any person in possession of a salmon with a missing adipose fin, the small, fleshy fin on the back of the fish between the back fin and the tail, upon request by an authorized agent or employee of the department, shall immediately relinquish the head of the salmon to the state, at no charge, for recovery of any coded-wire tag. The head may be removed by the fish owner or, if removed by the official department representative, the head shall be removed in a manner to minimize loss of salmon flesh and the salmon shall immediately be returned to the rightful owner.

(b) It is unlawful to intentionally conceal, cull, or release into the waters, a salmon with a missing adipose fin that it is otherwise legal to possess.

history: (History: Amended by Stats. 1999, Ch. 502, Sec. 2. Effective September 27, 1999.)

article: 4. Salmon


citation: FGC § 8230

text:
(a) The Legislature finds and declares that commercial salmon fishing is in the public interest and that the preservation of commercial salmon fishing directly affects the health and welfare of the public. The Legislature further finds and declares that, due to past declines in salmon stocks, the increase in the quality and value of salmon on the market, the number and types of vessels being used, the commensurate salmon fishing potential of the commercial salmon fishing fleet, and the demand for entry into the commercial salmon fishery, it is necessary and proper to limit the persons who are eligible to take salmon for commercial purposes and to regulate the amount of salmon that may be taken by restricting the number and salmon fishing potential of the vessels in the commercial salmon fishing fleet in order to preserve and rebuild the salmon resource, to protect commercial salmon fishing, and thereby to protect the health and welfare of the public.

(b) The Legislature further finds and declares the following:

(1) The salmon resource declined in 1983 and 1984 as a result of the most severe warm water El Nino current of this century, which caused major disruptions and hardship in the commercial salmon fishery. Habitat destruction in the rivers of California has also depleted the salmon stocks which are bred and reared in those rivers.

(2) The Pacific Fishery Management Council has imposed season closures on the taking of salmon since 1982, including a total prohibition on commercial taking of salmon in 1985 along portions of the northern California coast to protect the king salmon stock from the Klamath River. In 1987, a five-year agreement was signed which allocates the king salmon stock from the Klamath River between ocean commercial and recreational users and in-river Indian and recreational users. This agreement may result in further closures.

(3) Nearly 30 percent of the commercial salmon fishing vessels which were permitted to take salmon for commercial purposes in California did not record landings of salmon in the 1986 and 1987 commercial salmon seasons.

(4) There are more than enough commercial salmon fishing vessels for which commercial salmon fishing permits have been issued to harvest the less than 10 million pounds of salmon that are currently available annually. With the present fleet makeup between large vessels and small vessels and between full-time and part-time fishermen, it is estimated that the present resource capacity may accommodate a fleet of not more than 2,500 permitted vessels. Therefore, no new permits should be issued until the time that the fleet size falls below 2,500 permitted vessels. Adequate provision for entry of new persons or vessels to the commercial salmon fishery is afforded by transfers of vessels for which permits have been issued and renewed and by transfers of those existing permits to vessels of the same or less salmon fishing potential.

history: (History: Repealed and added by Stats. 1988, Ch. 1164, Sec. 2.)

article: 4.5. Commercial Salmon Vessel Permits

path: 6. FISH > 2. Particular Varieties of Fish > 4.5. Commercial Salmon Vessel Permits


citation: FGC § 8231

text:
The following definitions govern the construction of this article:

(a) “Agent” means the person designated in writing by the owner as the owner’s representative.

(b) “Change of ownership” means the transfer of ownership of a permitted vessel to a new owner.

(c) “Commercial salmon vessel permit” means an annual permit issued by the department to an owner of a commercial fishing vessel for use of that vessel to take salmon for commercial purposes and shall not be considered personal property.

(d) “Fishing potential” means the capability and capacity for harvesting salmon of a particular commercial fishing vessel.

(e) “Permit” means a commercial salmon vessel permit as defined in subdivision (c).

(f) “Permitted vessel” means a commercial fishing vessel for which a permit is currently valid.

(g) “Replacement vessel” means a commercial fishing vessel for the use of which a permit is proposed to be transferred pursuant to this article.

(h) “Transfer” means the issuance of a permit for use of a replacement vessel.

history: (History: Amended by Stats. 2019, Ch. 472, Sec. 2. (SB 262) Effective January 1, 2020.)

article: 4.5. Commercial Salmon Vessel Permits


citation: FGC § 8232

text:
It is unlawful to take or possess salmon for commercial purposes on a vessel unless all of the following conditions are met:

(a) The vessel is registered with the department pursuant to Section 7881, and the owner of the vessel has a valid commercial salmon vessel permit for the use of that vessel.

(b) The permit for the use of the vessel is affixed to the vessel adjacent to the department registration number unless otherwise authorized by the department.

(c) The permit affixed to the vessel is visible at all times.

history: (History: Amended by Stats. 1994, Ch. 849, Sec. 35. Effective January 1, 1995.)

article: 4.5. Commercial Salmon Vessel Permits


text:
(a) Except as provided in this section, it is unlawful to take salmon for sport purposes on a permitted vessel.

(b) Subdivision (a) does not prohibit taking salmon for sport purposes under a sportfishing or a sport ocean fishing license, which is issued pursuant to Article 3 (commencing with Section 7145) of Chapter 1, on a vessel licensed as a commercial passenger fishing boat pursuant to Section 7920 and engaged in that business on any day when salmon are not being taken for commercial purposes on that vessel.

(c) Subdivision (a) does not prohibit taking salmon for sport purposes under a sportfishing or a sport ocean fishing license, which is issued pursuant to Article 3 (commencing with Section 7145) of Chapter 1, on a permitted vessel in the Klamath Management Zone, as designated by the federal Pacific Fisheries Management Council, when the commercial salmon season is closed and after 24 hours after the time when salmon taken during the commercial salmon season are required to be landed.

(d) The use of a vessel pursuant to subdivision (c) shall be considered as being engaged or employed exclusively in the taking and possession of fish or other living resource of the sea for commercial purposes for purposes of subdivision (a) of Section 227 of the Revenue and Taxation Code.

history: (History: Amended by Stats. 1990, Ch. 1633, Sec. 2.)

article: 4.5. Commercial Salmon Vessel Permits


citation: FGC § 8233

text: Except as otherwise provided in this article, a permit shall be renewed prior to expiration. Each permit issued by the department shall display the expiration date on the face of the permit.

history: (History: Amended by Stats. 1996, Ch. 870, Sec. 20. Effective January 1, 1997.)

article: 4.5. Commercial Salmon Vessel Permits


text: Except as otherwise provided in this article, the department shall issue a permit, upon application and payment of the renewal fees pursuant to Section 8235, that is valid for the subsequent permit year, to the owner of a permitted vessel that is registered with the department pursuant to Section 7881.

history: (History: Amended by Stats. 1994, Ch. 849, Sec. 36. Effective January 1, 1995.)

article: 4.5. Commercial Salmon Vessel Permits


text: Except as otherwise provided in this article, the department shall issue a permit, upon payment of the transfer fees pursuant to subdivision (a) of Section 8239 and surrender to the department of the permit for the use of the permitted vessel, to the owner of a replacement vessel that is registered with the department pursuant to Section 7881, if the transfer has been approved pursuant to Section 8241.

history: (History: Amended by Stats. 1994, Ch. 849, Sec. 37. Effective January 1, 1995.)

article: 4.5. Commercial Salmon Vessel Permits


text:
(a) Except as otherwise provided in this article, the department shall change the designation of the holder of a permit to the new owner of a permitted vessel upon receipt of a notice of change of ownership of the permitted vessel, whether the change of ownership is by contract, by operation of law, or otherwise.

(b) The permit shall not be transferred to any other vessel, except by the issuance of a permit for use of the replacement vessel pursuant to subdivision (c) and Sections 8239 to 8241, inclusive.

(c) The owner of the permitted vessel may seek to retire the permitted vessel from the commercial salmon fishery and apply for transfer of the permit, to be issued pursuant to Section 8241, for use of a replacement vessel.

(d) A permit changed pursuant to this section is valid for the permit year during which it is issued.

(e) Upon change of the designation of the holder of the permit, all rights, privileges, and obligations of a permit holder, including rights of renewal, are transferred to the new owner of a permitted vessel.

history: (History: Amended by Stats. 2023, Ch. 132, Sec. 151. (AB 1760) Effective January 1, 2024.)

article: 4.5. Commercial Salmon Vessel Permits


text: Except as otherwise provided in this article, the department shall issue a permit to the owner of a commercial salmon fishing vessel that is registered with the department pursuant to Section 7881 for the new entry of that vessel into the commercial salmon fishery if that owner is authorized to be issued a permit for the use of that new entry vessel pursuant to subdivision (b) of Section 8245.

history: (History: Amended by Stats. 1994, Ch. 849, Sec. 38. Effective January 1, 1995.)

article: 4.5. Commercial Salmon Vessel Permits


text: Section 8101 does not apply to this article.

history: (History: Added by Stats. 1988, Ch. 1164, Sec. 2.)

article: 4.5. Commercial Salmon Vessel Permits


citation: FGC § 8234

text:
(a) The department shall not issue a permit under this article unless one of the following first occurs:

(1) The applicant presents to the department a commercial fishing salmon stamp issued to the owner or an agent of the owner. No commercial fishing salmon stamp shall be presented or accepted by the department to authorize issuance of a permit under this section for more than one vessel.

(2) The applicant obtains a commercial fishing salmon stamp and pays the fees for the stamp.

(3) On or before April 1 of the current license year, the owner is 70 years of age.

(b) The first commercial fishing salmon stamp issued to an owner, or to that owner’s agent, shall be affixed to the commercial fishing license of that owner or agent. Any additional commercial fishing salmon stamps issued to the owner or the owner’s agent pursuant to paragraph (1) of subdivision (a) for purposes of obtaining permits for use of additional commercial salmon fishing vessels shall be affixed to each additional vessel’s registration issued pursuant to Section 7881.

history: (History: Amended by Stats. 1994, Ch. 849, Sec. 39. Effective January 1, 1995.)

article: 4.5. Commercial Salmon Vessel Permits


citation: FGC § 8235

text:
(a) The owner of a permitted vessel, or that owner’s agent, may apply for renewal of the permit annually on or before April 30, upon payment of the fees established under subdivision (b), without penalty. Upon receipt of the application and fees, the department shall issue the permit for use of the permitted vessel in the subsequent permit year only to the owner of the permitted vessel.

(b) The department shall fix the annual fee for the renewal of the permit in an amount it determines to be necessary to pay the reasonable costs of implementing and administering this article.

(c) If an owner to whom a permit has been issued, or that owner’s agent, applies for renewal of the permit, the application for renewal shall be received or, if mailed, postmarked, on or before April 30. An application received or, if mailed, postmarked, after April 30 shall be assessed a late fee subject to Section 7852.2. The department shall issue the permit for use of the permitted vessel in the subsequent permit year.

(d) The department shall suspend a late fee otherwise due under subdivision (c) and shall issue a permit for use of the permitted vessel in the subsequent permit year if the department is unable to accept applications for renewal of permits by March 1.

(e) Except as provided in subdivision (c), the department shall not renew a permit for which the application for renewal is not received, or, if mailed, is received or postmarked after expiration of the permit.

history: (History: Amended by Stats. 2008, Ch. 179, Sec. 77. Effective January 1, 2009.)

article: 4.5. Commercial Salmon Vessel Permits


citation: FGC § 8236

text:
(a) The department shall send a written notice of renewal and a permit renewal application to the owner of each currently permitted vessel at the most recent address of that owner in the records of the department. The notice shall be sent by first-class mail before March 1. The department shall mail a copy of the notice for renewal to all associations and groups known to the department to be representing commercial salmon fishermen. The department shall also provide blank permit renewal applications at appropriate offices of the department.

(b) The notice shall include all of the following:

(1) Instructions on how to apply for renewal of a permit.

(2) Information on the provisions of subdivisions (c) and (e) of Section 8235.

(c) Failure to receive the notice under this section does not exempt or excuse the owner from the requirement of annual renewal of the permit on or before the permit expiration date.

article: 4.5. Commercial Salmon Vessel Permits


citation: FGC § 8238

text:
(a) On or before January 1, 1991, the department, in consultation with the commercial salmon fishing review board, created pursuant to former Section 8247, shall establish and adopt, in the manner prescribed in former Section 8238.3, as that section read on January 1, 1991, a vessel classification system to determine the fishing potential of prospective vessels for applications for new, original permits.

(b) Commencing January 1, 2020, for applications to transfer a permit to a replacement vessel, the department shall determine the fishing potential of the permitted vessel and the replacement vessel by multiplying the length of the vessel by the breadth of the vessel by the depth of the vessel based on figures provided to the department in a vessel marine survey conducted by a licensed marine surveyor or on a current certificate of documentation issued by the United States Coast Guard.

history: (History: Amended by Stats. 2019, Ch. 472, Sec. 4. (SB 262) Effective January 1, 2020.)

article: 4.5. Commercial Salmon Vessel Permits


text: The vessel classification system shall be used by the department for issuance of new original vessel permits pursuant to Section 8243.

history: (History: Amended by Stats. 2019, Ch. 472, Sec. 5. (SB 262) Effective January 1, 2020.)

article: 4.5. Commercial Salmon Vessel Permits


citation: FGC § 8239

text:
A transfer may be approved and a permit issued for use of a replacement vessel pursuant to Section 8241 under all of the following conditions:

(a) The vessel owner submits a written request for the transfer to the department on a form provided by the department and pays a nonrefundable transfer fee of two hundred dollars ($200).

(b) The permit for the permitted vessel is current, and the owner of the permitted vessel makes assurances in the application that any renewal of the permit that becomes due during the application processing period will be made.

(c) Proof of ownership is submitted to the department for the permitted vessel and replacement vessel.

(d) The vessel owner submits a vessel marine survey conducted by a licensed marine surveyor or a current certificate of documentation issued by the United States Coast Guard that contains the necessary information for the department to establish that the replacement vessel has the same fishing potential as, or less fishing potential than, the permitted vessel.

(e) Under penalty of perjury, the vessel owner signs the application for transfer and certifies that the included information is true to the best of their information and belief.

(f) The same transfer has not been requested within the previous 12 months or the same transfer has not previously been denied and that denial is final, unless the application or supporting information are different than that contained in the previous application, as determined by the department.

(g) Except as provided in Section 8239.1, the permit has not been transferred to a replacement vessel during the same permit year.

(h) The permittee has written authority from the legal owner, if other than the permittee or mortgager, if any, to transfer the vessel permit from the permitted vessel.

history: (History: Amended by Stats. 2019, Ch. 472, Sec. 6. (SB 262) Effective January 1, 2020.)

article: 4.5. Commercial Salmon Vessel Permits


text: Unless otherwise prohibited, the department shall accept a transfer application within two years after the date that a permitted vessel was lost, stolen, or destroyed, notwithstanding any inability to physically examine the permitted vessel to determine its salmon fishing potential. Only the permittee at the time of the loss, theft, or destruction 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. The department shall only transfer a permit pursuant to this section if the permit remains valid during the entire period following the loss, theft, or destruction, and while the transfer application is pending. If the permittee does not submit a transfer application within two years after the permitted vessel was lost, stolen, or destroyed, or if the department denies the transfer application later than two years after a permitted vessel was lost, stolen, or destroyed, the permit is null and void.

history: (History: Amended by Stats. 2019, Ch. 472, Sec. 7. (SB 262) Effective January 1, 2020.)

article: 4.5. Commercial Salmon Vessel Permits


text: A permit issued for the use of a replacement vessel under Section 8241 is valid for the balance of the permit year for which the permit for the use of the permitted vessel was originally issued or last renewed, and the permit issued under this section authorizes the use of the replacement vessel only for that period.

article: 4.5. Commercial Salmon Vessel Permits


citation: FGC § 8240

text:
(a) The department shall not issue a permit for use of a replacement vessel if the permitted vessel was reported as lost, stolen, or destroyed by fraudulent means or for fraudulent purposes.

(b) The department shall not issue a permit for use of a replacement vessel if the application contains or is accompanied with fraudulent or willfully misleading information.

(c) The department shall not issue a permit for use of a replacement vessel or to a new owner of a permitted vessel if the permit for the permitted vessel expires and is not renewed. Except as provided in Section 8235, an owner of a permitted vessel shall renew the permit before the expiration date even if that owner has a transfer application pending.

(d) The department may refuse to issue a permit for use of a replacement vessel or to issue a permit to a new owner of a permitted vessel on any grounds for which a permit may be suspended or revoked.

article: 4.5. Commercial Salmon Vessel Permits


citation: FGC § 8241

text: The department shall issue the permit for use of a replacement vessel if it determines that the conditions specified in Section 8239 have been satisfied and the replacement vessel has the same fishing potential as, or less fishing potential than, the permitted vessel.

history: (History: Amended by Stats. 2019, Ch. 472, Sec. 10. (SB 262) Effective January 1, 2020.)

article: 4.5. Commercial Salmon Vessel Permits


citation: FGC § 8242

text:
A person seeking to gain entry into the commercial salmon fishery may obtain a permit under either of the following conditions:

(a) By legally obtaining the ownership of a permitted vessel and notifying the department of the change of ownership of the permitted vessel.

(b) By applying to obtain a new, original permit issued by the department pursuant to Sections 8244 and 8245.

article: 4.5. Commercial Salmon Vessel Permits


citation: FGC § 8243

text:
(a) If the department determines that the number of permitted vessels is less than 2,500, the department shall determine the number and vessel classification for which any new, original permits may be issued to bring the total number of permitted vessels to no more than 2,500.

(b) New, original permits to be issued shall be authorized by vessel classifications established under Section 8238.

history: (History: Amended by Stats. 2019, Ch. 472, Sec. 11. (SB 262) Effective January 1, 2020.)

article: 4.5. Commercial Salmon Vessel Permits


citation: FGC § 8244

text:
(a) An applicant may apply for a new, original permit as an individual, a joint venture, or a corporation. The applicant may submit only one application annually. The application shall be made on a form provided by the department.

(b) An applicant for a new, original permit under this section shall submit a completed application as directed by the department. The completed application, and the application fees prescribed in subdivision (c), shall be delivered or postmarked on or before February 1 in order to be considered for permits for the subsequent permit year.

(c) The applicant shall submit with the application a nonrefundable application fee determined by the department in an amount sufficient to pay the costs of administering the issuance of new, original permits by the department, which shall be not less than thirty-five dollars ($35).

(d) The department shall determine the fishing potential of the vessel for use of which the new, original permit is to be issued and otherwise determine if the applicant is eligible to be issued a permit under this article.

history: (History: Amended by Stats. 2019, Ch. 472, Sec. 12. (SB 262) Effective January 1, 2020.)

article: 4.5. Commercial Salmon Vessel Permits


citation: FGC § 8245

text:
(a) The department shall conduct a drawing from the applicants determined to be eligible for new, original permits pursuant to Section 8244 on the first Friday in March of each year that new, original permits are authorized to be issued pursuant to Section 8243.

(b) (1) The department shall issue a permit to each of those applicants who are drawn upon payment of the fees prescribed in paragraph (2) for the permit and, except as provided in subdivision (d), submittal of sufficient information to establish that the applicant is the owner of a vessel within the vessel classification designated in the application.

(2) The amount of the fees for a permit issued under this section are the same as the amount of the fees for renewal of a permit for the subsequent license year beginning on April 1 that are established pursuant to subdivision (b) of Section 8235. A successful applicant shall pay the fees for the permit on or before March 31. The department shall deposit the fees to the fund pursuant to Section 13001.

(c) Except as provided in subdivision (d), a successful applicant shall submit proof of ownership of the vessel to be used under the permit within 90 days of the drawing.

(d) (1) A successful applicant may request one extension of no more than 90 days to obtain a vessel as designated in the application. The department may grant that extension.

(2) If any successful applicant does not establish that the applicant is the owner of a vessel as designated in the application and affix the new permit on that vessel or on another vessel with the same or less fishing potential, as determined by the department, within 90 days or by the end of a 90 day extension granted by the department, the new permit is null and void.

(3) The department is not liable for any risk of failure by the applicant to obtain a vessel that is designated in an application or to complete the process for determination of the fishing potential of another vessel, or for failure by the applicant to obtain that other vessel, in the time prescribed in this section.

history: (History: Amended by Stats. 2019, Ch. 472, Sec. 13. (SB 262) Effective January 1, 2020.)

article: 4.5. Commercial Salmon Vessel Permits


citation: FGC § 8246

text:
(a) At any time after notice of an order suspending or revoking of a person’s commercial salmon fishing privilege is issued by the commission, and before the order of suspension or revocation is final, the commission may, with the agreement of the person subject to the action, compromise or dismiss the action to suspend or revoke the commercial salmon fishing privilege in the best interests of the state, or the commission may compromise or dismiss the action with the agreement of the person subject to the action on terms and conditions, which may include, but are not limited to, the payment of civil damages, the reduction of a revocation to a suspension for a specified period of time, or any other terms and conditions.

(b) The commission, after notice and opportunity for hearing, may suspend or revoke the commercial fishing privilege, authorized under a license issued for the purposes of Section 7850, for any violation of a term or condition of an agreement to compromise or dismiss a separate suspension or revocation action that was made pursuant to subdivision (a).

(c) If the commission orders a suspension or revocation of a person’s commercial salmon fishing privilege, any permit issued pursuant to this article shall be renewed when the next renewal is due or the permit shall expire as provided in Section 8233.

(d) Subdivision (a) does not apply if an action is brought to recover civil damages under Section 2014 from the person subject to action under this section.

history: (History: Amended by Stats. 2023, Ch. 132, Sec. 153. (AB 1760) Effective January 1, 2024.)

article: 4.5. Commercial Salmon Vessel Permits


text:
(a) The commission, in consultation with the department, shall adopt regulations for the determination of civil damages provided for in subdivision (a) of Section 8246 that give due consideration to the appropriateness of the civil damages with respect to all of the following factors:

(1) The gravity of the violation.

(2) The good faith of the convicted licensee.

(3) The history of previous violations.

(4) The damage to the fishery.

(5) The cost of restoration of the fishery.

(b) Civil damages imposed under subdivision (a) of Section 8246 shall be due and payable on or before a date that is 30 days after the compromise is entered into.

history: (History: Amended by Stats. 2023, Ch. 132, Sec. 154. (AB 1760) Effective January 1, 2024.)

article: 4.5. Commercial Salmon Vessel Permits


text: The commission, after notice and opportunity for hearing, shall revoke a commercial salmon vessel permit issued pursuant to this article if the vessel permit was obtained by fraudulent means.

history: (History: Amended by Stats. 2019, Ch. 472, Sec. 17. (SB 262) Effective January 1, 2020.)

article: 4.5. Commercial Salmon Vessel Permits


text: A person whose commercial salmon fishing vessel permit is revoked by the commission or who has been denied a permit transfer may appeal the revocation or denial to the commission by submitting the appeal in writing to the commission within 60 days of the decision.

history: (History: Amended by Stats. 1998, Ch. 525, Sec. 6. Effective January 1, 1999.)

article: 4.5. Commercial Salmon Vessel Permits


text:
(a) The commission shall reverse an order of revocation, order the permit renewed, or order the approval of a permit transfer only if it finds one of the following grounds:

(1) The permittee failed to submit an application and pay the fees for renewal on or before April 30 pursuant to Section 8235 and the failure to renew a permit until after the expiration date was due to death, physical illness, mental incapacity, or being called to active military duty, and the person was not reasonably able to have an agent renew the permit.

(2) A lienholder of a permitted vessel, if the vessel is the property of the lienholder as a result of foreclosure, surrender, or litigation, can show loss due to the nonrenewal of a permit by the permittee, and the nonrenewal occurred without the knowledge of the lienholder.

(3) If, in the case of permit revocation because of fraud, evidence is provided to the commission disputing the charges of fraud. If the commission finds there was no fraud after consideration of all of the evidence, the commission may order the revocation annulled, and, if the permit expiration date has passed during the pendency of the hearing on the appeal, the commission may order the department to renew the permit upon payment of the fees.

(4) The denial of the permit transfer was arbitrary or capricious.

(b) Each appeal shall be heard and considered separately on its own merits.

history: (History: Amended by Stats. 2019, Ch. 472, Sec. 18. (SB 262) Effective January 1, 2020.)

article: 4.5. Commercial Salmon Vessel Permits


text: The commission and the department may make and enforce regulations that may be necessary or convenient for carrying out any power, authority, or jurisdiction delegated to it under this article.

article: 4.5. Commercial Salmon Vessel Permits


citation: FGC § 8248

text: If any provision of this article or the application thereof to any person or circumstances is held invalid, that invalidity shall not affect other provisions or applications of the article which can be given effect without the invalid provision or application, and to this end the provisions of this article are severable.

history: (History: Repealed and added by Stats. 1988, Ch. 1164, Sec. 2.)

article: 4.5. Commercial Salmon Vessel Permits


citation: FGC § 8250

text: As used in this code, “spiny lobster” refers to the species Panulirus interruptus.

history: (History: Enacted by Stats. 1957, Ch. 456.)

article: 5. Lobster

path: 6. FISH > 2. Particular Varieties of Fish > 5. Lobster


text:
(a) Subject to this article and Article 1 (commencing with Section 9000) of Chapter 4, a lobster trap, as described in Section 9010, may be used to take lobster for commercial purposes under a lobster permit issued pursuant to Section 8254.

(b) The following species may be taken incidentally in lobster traps being fished under the authority of a lobster permit issued pursuant to Section 8254, and any other species taken incidentally shall be immediately released back to the water:

(1) Crab, other than Dungeness crab.

(2) Kellet’s whelk.

(3) Octopus.

(c) Spiny lobsters taken in the manner commonly known as skindiving or by a person using self-contained underwater breathing apparatus shall not be sold.

history: (History: Amended by Stats. 2007, Ch. 285, Sec. 119. Effective January 1, 2008.)

article: 5. Lobster


citation: FGC § 8251

text: Spiny lobsters may be taken only between the first Wednesday in October and the first Wednesday after the 15th of March. Lobster traps may be set and baited 24 hours in advance of the opening date of the lobster season if no other attempt is made to take or possess the lobsters.

history: (History: Amended by Stats. 1961, Ch. 1315.)

article: 5. Lobster


citation: FGC § 8252

text:
No spiny lobster less than three and one-quarter inches in length measured in a straight line from the rear edge of the eye socket to the rear edge of the body shell, both points to be on the midline of the back, may be taken, possessed, purchased, or sold.

Every person taking spiny lobster shall carry a measuring device and shall measure any lobster immediately on removal from his trap and if it is found to be undersize the lobster shall be returned to the water immediately.

article: 5. Lobster


citation: FGC § 8253

text: It is unlawful to pickle, can, or otherwise preserve any spiny lobster, but spiny lobsters may be preserved by freezing and may be cooked for consumption in the fresh state.

article: 5. Lobster


citation: FGC § 8254

text:
(a) Lobsters shall not be taken for commercial purposes except under a valid lobster permit issued to that person that has not been suspended or revoked, subject to regulations adopted by the commission.

(b) Every person who takes, assists in taking, possesses, or transports lobsters for commercial purposes while on any boat, barge, or vessel, or who uses or operates or assists in using or operating any boat, net, trap, line, or other appliance to take lobsters for commercial purposes, shall have a valid lobster permit.

(c) The permit fee for a lobster permit is two hundred sixty-five dollars ($265).

(d) The fee for a lobster crewmember permit is one hundred twenty-five dollars ($125).

(e) For the purposes of this section, it is prima facie evidence that lobster is taken for commercial purposes if the possession of lobster is more than three times the sport bag limit.

history: (History: Amended by Stats. 2007, Ch. 328, Sec. 3. Effective January 1, 2008.)

article: 5. Lobster


text: When a complaint has been filed in a court of competent jurisdiction charging a holder of a commercial lobster permit with a violation of Section 8251 or 8252, and no disposition of the complaint has occurred within 90 days after it has been filed in the court, the department may suspend the commercial lobster permit of the person. The permitholder whose permit was suspended under this section may, within 10 days after the receipt of the suspension notice from the department, request a hearing, and, within 20 days after the request has been made, a hearing shall be held by the commission. A decision shall be made within a reasonable time on whether the suspension of the permit shall be terminated or continued until the disposition of the complaint by the court. In determining whether to terminate or continue the suspension of the permit, the commission shall consider whether or not the violation could have a detrimental effect on the resources and whether or not a continued suspension of the permit is in the best public interest, and shall find whether there is sufficient evidence that a violation has occurred. A failure to make a finding that there is sufficient evidence that a violation has occurred or a finding that there is insufficient evidence shall terminate the suspension of the permit under this section. If the permitholder is acquitted of the charges or the charges against him or her have been dismissed, any suspension of the permit is thereby terminated. No complaint shall be filed in a court charging a commercial lobster permitholder with a violation of Section 8251 or 8252 unless evidence supporting the charge has been reviewed by the appropriate county or city prosecuting agency and a criminal complaint has been issued by that agency.

history: (History: Amended by Stats. 1986, Ch. 1244, Sec. 9.)

article: 5. Lobster


citation: FGC § 8257

text: The permit number of the person owning or in command of any boat used to take lobster shall be visibly displayed on both sides of the boat in 10-inch black numbers, one inch wide, on a white background.

history: (History: Amended by Stats. 1965, Ch. 195.)

article: 5. Lobster


citation: FGC § 8258

text: Lobster traps may be used to take spiny lobster in Districts 18, 19, 20A, and those portions of District 20 lying on the southerly side of Santa Catalina Island between Southeast Rock and China Point.

history: (History: Added by Stats. 1984, Ch. 1271, Sec. 3.)

article: 5. Lobster


citation: FGC § 8259

text: Whenever it is necessary to prevent overutilization or to ensure efficient and economic operation of the fishery, the commission may limit the number of permits that may be issued pursuant to this article. As it determines appropriate to protect the resource, the commission may limit the number of permits on a statewide basis or within selected geographical areas.

history: (History: Added by Stats. 1986, Ch. 934, Sec. 2.)

article: 5. Lobster


citation: FGC § 8275

text:
Unless the provision or context otherwise requires, the definitions in this section govern the construction of this article.

(a) “Dungeness crab” or “market crab” means crab of the species Cancer magister.

(b) “Reconstruction” means major work on the hull of a vessel to make that vessel operable in the California crab fishery if that work may reasonably be expected to be of a duration that will preclude operation of that vessel in the crab fishery for the length of the crab season or longer.

(c) “Rock crab” means any crab of the genus Cancer other than Dungeness crab and includes rock crab (Cancer antennarius), red crab (Cancer productus), and yellow crab (Cancer anthonyi).

(d) “Under construction” means having plans and materials and proceeding with work toward the completion of an operational Dungeness crab fishing vessel.

history: (History: Amended by Stats. 1996, Ch. 870, Sec. 25. Effective January 1, 1997.)

article: 6. Crab

path: 6. FISH > 2. Particular Varieties of Fish > 6. Crab


citation: FGC § 8276

text:
Except as provided in Section 8276.2 or 8277:

(a) Dungeness crab may be taken for commercial purposes in Districts 6, 7, 8, and 9 only between December 1 and July 15.

(b) Dungeness crab may be taken for commercial purposes in all other districts only between November 15 and June 30.

(c) Dungeness crab may not be taken for commercial purposes in any district, or part of a district, lying within the portions of Crescent City Harbor between the south sand barrier and the breakwater.

(d) All Dungeness crab traps shall be removed from state waters by 11:59 p.m. on the last day of the applicable Dungeness crab season.

history: (History: Amended by Stats. 2018, Ch. 663, Sec. 2. (SB 1310) Effective September 21, 2018.)

article: 6. Crab


text:
(a) For purposes of this section, the following definitions apply:

(1) “California Dungeness Crab Fishing Gear Working Group” means the California Dungeness Crab Fishing Gear Working Group established by the department, in partnership with the Ocean Protection Council and the National Marine Fisheries Service, on September 21, 2015, and as defined by its most recent charter as it may be amended from time to time.

(2) “Risk assessment and mitigation program” means the program developed by the California Dungeness Crab Fishing Gear Working Group, as that program may be amended from time to time until the regulations are adopted pursuant to subdivision (b), to identify and assess elevated levels of entanglement risk and determine the need for management options to reduce the risk of entanglement.

(b) The department, in consultation with the California Dungeness Crab Fishing Gear Working Group and other stakeholders, shall adopt regulations establishing criteria and protocols to evaluate and respond to the potential risk of marine life entanglement. The regulations shall include, but are not limited to, the risk assessment and mitigation program, and the use of alternative gear only after the season is open pursuant to the risk assessment and mitigation program that may otherwise be prohibited as prescribed by the department. Upon the effective date of the regulations, the director may restrict the take of Dungeness crab pursuant to the protocols and criteria.

(c) Unless otherwise prescribed by regulation, it is unlawful to take or possess Dungeness crab from any waters closed, or otherwise violate any restriction on take imposed, pursuant to this section.

(d) This section shall remain in effect only until January 1, 2030, and as of that date is repealed.

history: (History: Amended by Stats. 2023, Ch. 876, Sec. 12. (SB 500) Effective January 1, 2024. Repealed as of January 1, 2030, by its own provisions.)

article: 6. Crab