Fish and Game Code — Part 10 | FGC — United States — California law | Esheria

Fish and Game Code

Part 10 of 12 · provisions 1,801–2,000

This section says the code is known as the Fish and Game Code.

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The department must assess salmon escapement on the Eel, Smith, and Klamath River systems, use sonar fish-counting devices on the Klamath River as a three-year test, and report to the Legislature by January 1, 1990. People who process or wholesale sturgeon eggs for human consumption must get a sturgeon egg processing license from the department. The department must issue and deliver a sturgeon egg processing license when an application is made and the base fee is paid. Licensed persons must keep a true, legible record of each sturgeon egg transaction and include specified details about the eggs and related parties. The license holder must keep the documentation required by Section 10002 for two years after receiving the eggs and make it available to the department for inspection during normal business hours.

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Provisions of Fish and Game Code

Showing 200 of 2,275

  1. 8032.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1. Generally [7600 - 8126] ( Chapter 1 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 7. Commercial Fish Business Licenses [8030 - 8039] ( Article 7 added by Stats. 1986, Ch. 1049, Sec. 21. )

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    This section sets the annual fee for a multifunction commercial fish business license at $1,373 and lists five specialty commercial fishing business licenses that may be issued to qualifying persons. It also lets the commission adjust the fee to recover administrative and implementation costs, but not more than those costs.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1. Generally [7600 - 8126] ( Chapter 1 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 7. Commercial Fish Business Licenses [8030 - 8039] ( Article 7 added by Stats. 1986, Ch. 1049, Sec. 21. ) ## 8032. (a) A multifunction commercial fish business license shall be issued that authorizes any or all activities described in Section 8033, 8034, 8035, or 8036. The annual fee for this license is one thousand three hundred seventy-three dollars ($1,373). (b) Specialty licenses for part of, but not all, activities described in subdivision (a) shall be issued in five classes, as follows: (1) Fish receiver’s license, issued to any person engaged in the business of receiving fish as provided in Section 8033. (2) Marine aquaria receiver’s license, issued to any person engaged in the business of receiving live marine species indigenous to California waters from a person required to be a licensed commercial fisherman for the purpose of wholesaling or retailing those species for pet industry or hobby purposes as provided in Section 8033.1. (3) Fish processor’s license, issued to any person engaged in the business of processing fish as provided in Section 8034. (4) Fish wholesaler’s license, issued to any person who is engaged in the business of wholesaling fish as provided in Section 8035. (5) Fish importer’s license, issued to any person who is engaged in the business of importing fish as provided in Section 8036. (c) The commission shall adjust the amount of the fee specified in subdivision (a), as necessary, to fully recover, but not exceed, all reasonable administrative and implementation costs of the department and the commission relating to those licenses. (Amended by Stats. 2023, Ch. 132, Sec. 142. (AB 1760) Effective January 1, 2024.)
  2. 8032.5.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1. Generally [7600 - 8126] ( Chapter 1 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 7. Commercial Fish Business Licenses [8030 - 8039] ( Article 7 added by Stats. 1986, Ch. 1049, Sec. 21. )

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    This section sets conditions for commercial fish business licenses, permits, and other entitlements, including application requirements, notice duties, inspection/display rules, transfer limits, and consequences for suspension, revocation, or unpaid fees.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1. Generally [7600 - 8126] ( Chapter 1 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 7. Commercial Fish Business Licenses [8030 - 8039] ( Article 7 added by Stats. 1986, Ch. 1049, Sec. 21. ) ## 8032.5. Unless otherwise specified, all of the following conditions apply to each commercial fish business license, permit, or other entitlement pursuant to this article: (a) An application for a commercial fish business license, permit, or other entitlement shall be made on a form containing information as required by the department. The commercial fish business license shall be signed by the holder before use. (b) Any person who has had a commercial fish business license suspended or revoked shall not engage in that business activity, and shall not receive any other commercial fish business license, permit, or other entitlement that authorizes engaging in that business activity, while the suspension or revocation is in effect. (c) The commission, after notice and opportunity for hearing, may suspend, revoke, or cancel commercial fish business privileges for a period of time to be determined by the commission for any of the following reasons: (1) The person was not lawfully entitled to be issued the license, permit, or other entitlement. (2) Any violation of this code, the regulations adopted pursuant to this code, or the terms of the permit or other entitlement by the licensee, permittee, person holding the entitlement, or their agent, servant, employee, or person acting under the licensee’s, permittee’s, or entitled person’s direction or control. (3) Any violation of any federal law relating to the fishery for which the license, permit, or other entitlement was issued by the licensee, permittee, person holding the entitlement, or their agent, servant, employee, or person acting under the licensee’s, permittee’s, or entitled person’s direction or control. (d) A commercial fish business license, permit, or other entitlement is not transferable unless otherwise expressly specified in this code. (e) Any person who holds a commercial fish business license, permit, or other entitlement, who moves or acquires a new or additional plant, facility, or other place of business for profit involving fish, shall notify the department of the address within three months of commencing business activities at the address. (f) Each plant, facility, or other place of business in which an activity occurs that is required to be licensed under this article shall have a copy of each required license on display and available for inspection at any time by the department. (g) Any person licensed pursuant to this article shall provide the department, at the time of application, with the business name, business address, and business telephone number for all locations doing business under the authority of the person’s commercial fish business license, permit, or entitlement. (h) Any person licensed pursuant to this article who is subject to landing fees, as defined in Section 8041, and who has failed to pay all landing fees and penalties pursuant to Section 8053, shall not be allowed to renew their commercial fish business license, permit, or entitlement until payment is made in full to the department. (i) Any person licensed pursuant to this article who is subject to landing fees, as defined in Section 8041, who fails to submit electronic fish tickets pursuant to Section 8046, may be subject to suspension or revocation of their commercial fish business license, permit, or entitlement. (Amended by Stats. 2023, Ch. 876, Sec. 3. (SB 500) Effective January 1, 2024.)
  3. 8033.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1. Generally [7600 - 8126] ( Chapter 1 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 7. Commercial Fish Business Licenses [8030 - 8039] ( Article 7 added by Stats. 1986, Ch. 1049, Sec. 21. )

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    Certain people who buy, receive, or remove fish for commercial purposes must get a fish receiver’s license; a cooperative association of fishermen may also be licensed, and the annual fee is $549.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1. Generally [7600 - 8126] ( Chapter 1 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 7. Commercial Fish Business Licenses [8030 - 8039] ( Article 7 added by Stats. 1986, Ch. 1049, Sec. 21. ) ## 8033. (a) Except as provided in Section 8033.1 or 8033.5, or subdivision (b) of Section 8047, any person who purchases or receives fish for commercial purposes from a fisherman who is required to be licensed under Section 7850, or any person who removes fish from the point of the first landing that the person has caught for their own processing or sale, shall obtain a fish receiver’s license. (b) The annual fee for a fish receiver’s license is five hundred forty-nine dollars ($549). (c) A cooperative association of fishermen may be licensed as fish receivers. (Amended by Stats. 2024, Ch. 80, Sec. 48. (SB 1525) Effective January 1, 2025.)
  4. 8033.1.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1. Generally [7600 - 8126] ( Chapter 1 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 7. Commercial Fish Business Licenses [8030 - 8039] ( Article 7 added by Stats. 1986, Ch. 1049, Sec. 21. )

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    Some people involved with certain California marine species activities must get a nontransferable marine aquaria receiver’s license.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1. Generally [7600 - 8126] ( Chapter 1 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 7. Commercial Fish Business Licenses [8030 - 8039] ( Article 7 added by Stats. 1986, Ch. 1049, Sec. 21. ) ## 8033.1. (a) Any person engaged in any of the following activities involving species identified in subdivision (b) of Section 8597 shall obtain a nontransferable marine aquaria receiver’s license: (1) A person who is required to have a marine aquaria collector’s permit pursuant to Section 8597 who sells live marine organisms indigenous to California, that the person has taken, to the ultimate consumer. (2) A person who purchases or receives live marine species indigenous to California for commercial purposes from any of the following: (A) A fisherman who is required to have a marine aquaria collector’s permit pursuant to subdivision (a) of Section 8597. (B) A person who imports from neighboring states species that are also indigenous to California waters. (b) A person required to be licensed as a marine aquaria receiver shall obtain all live marine organisms indigenous to California waters only from fishermen, aquaculturists, or importers holding current and appropriate licenses or permits. (Amended by Stats. 1993, Ch. 617, Sec. 4. Effective October 1, 1993.)
  5. 8033.2.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1. Generally [7600 - 8126] ( Chapter 1 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 7. Commercial Fish Business Licenses [8030 - 8039] ( Article 7 added by Stats. 1986, Ch. 1049, Sec. 21. )

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    The annual fee for a marine aquaria receiver’s license is $1,373.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1. Generally [7600 - 8126] ( Chapter 1 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 7. Commercial Fish Business Licenses [8030 - 8039] ( Article 7 added by Stats. 1986, Ch. 1049, Sec. 21. ) ## 8033.2. The annual fee for the marine aquaria receiver’s license is one thousand three hundred seventy-three dollars ($1,373). (Amended by Stats. 2003, Ch. 741, Sec. 35. Effective January 1, 2004.)
  6. 8033.5.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1. Generally [7600 - 8126] ( Chapter 1 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 7. Commercial Fish Business Licenses [8030 - 8039] ( Article 7 added by Stats. 1986, Ch. 1049, Sec. 21. )

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    Some commercial fishermen must get a fisherman’s retail license, and the annual fee is $69.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1. Generally [7600 - 8126] ( Chapter 1 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 7. Commercial Fish Business Licenses [8030 - 8039] ( Article 7 added by Stats. 1986, Ch. 1049, Sec. 21. ) ## 8033.5. (a) Any commercial fisherman who sells fish for other than marine aquaria pet trade or research purposes that he or she has taken to the ultimate consumer of that fish shall obtain a fisherman’s retail license. The annual fee for a fisherman’s retail license is sixty-nine dollars ($69). (b) Any person required to obtain a license under this section who engages in any activity described in Section 8033, 8034, 8035, or 8036 shall also obtain an appropriate license to engage in those activities. (Amended by Stats. 2003, Ch. 741, Sec. 36. Effective January 1, 2004.)
  7. 8034.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1. Generally [7600 - 8126] ( Chapter 1 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 7. Commercial Fish Business Licenses [8030 - 8039] ( Article 7 added by Stats. 1986, Ch. 1049, Sec. 21. )

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    People who process fish for profit must get a fish processor’s license, and the annual fee is $549.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1. Generally [7600 - 8126] ( Chapter 1 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 7. Commercial Fish Business Licenses [8030 - 8039] ( Article 7 added by Stats. 1986, Ch. 1049, Sec. 21. ) ## 8034. (a) Any person who processes fish for profit shall obtain a fish processor’s license. The annual fee for a fish processor’s license is five hundred forty-nine dollars ($549). (b) Any person required to obtain a license under this section who takes his or her own fish shall also obtain a fish receiver’s license or a commercial fish business license. (Amended by Stats. 2003, Ch. 741, Sec. 37. Effective January 1, 2004.)
  8. 8035.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1. Generally [7600 - 8126] ( Chapter 1 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 7. Commercial Fish Business Licenses [8030 - 8039] ( Article 7 added by Stats. 1986, Ch. 1049, Sec. 21. )

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    Some fish buyers/resellers must get a fish wholesaler’s license, and the annual fee is $371.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1. Generally [7600 - 8126] ( Chapter 1 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 7. Commercial Fish Business Licenses [8030 - 8039] ( Article 7 added by Stats. 1986, Ch. 1049, Sec. 21. ) ## 8035. (a) Except for a person exempt under Section 8030, any person who, for the purpose of resale to other than the ultimate consumer, purchases or obtains fish from another person, who is required to be licensed as a fish receiver, fish processor, fish importer, or fish wholesaler under this article, shall obtain a fish wholesaler’s license. (b) The annual fee for a fish wholesaler’s license is three hundred seventy-one dollars ($371). (c) This section does not apply to either of the following: (1) Persons required to have a marine aquaria receiver’s license pursuant to Section 8033.1. (2) Persons licensed pursuant to Section 8036 who only purchase or obtain fish from outside this state. (Amended by Stats. 2009, Ch. 294, Sec. 15. (AB 1442) Effective January 1, 2010.)
  9. 8036.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1. Generally [7600 - 8126] ( Chapter 1 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 7. Commercial Fish Business Licenses [8030 - 8039] ( Article 7 added by Stats. 1986, Ch. 1049, Sec. 21. )

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    Certain fish buyers/resellers must get a fish importer’s license, and some must also get a wholesaler’s license; the annual importer license fee is $549.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1. Generally [7600 - 8126] ( Chapter 1 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 7. Commercial Fish Business Licenses [8030 - 8039] ( Article 7 added by Stats. 1986, Ch. 1049, Sec. 21. ) ## 8036. (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. (Amended by Stats. 2009, Ch. 294, Sec. 16. (AB 1442) Effective January 1, 2010.)
  10. 8037.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1. Generally [7600 - 8126] ( Chapter 1 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 7. Commercial Fish Business Licenses [8030 - 8039] ( Article 7 added by Stats. 1986, Ch. 1049, Sec. 21. )

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    People running a fish business that needs more than one license class must get the needed license(s), and licensed activity sites must keep a copy of the license on the premises.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1. Generally [7600 - 8126] ( Chapter 1 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 7. Commercial Fish Business Licenses [8030 - 8039] ( Article 7 added by Stats. 1986, Ch. 1049, Sec. 21. ) ## 8037. (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. (Amended by Stats. 2023, Ch. 132, Sec. 143. (AB 1760) Effective January 1, 2024.)
  11. 8038.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1. Generally [7600 - 8126] ( Chapter 1 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 7. Commercial Fish Business Licenses [8030 - 8039] ( Article 7 added by Stats. 1986, Ch. 1049, Sec. 21. )

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    A license issued under this article is valid from January 1 through December 31, or for the rest of that term if issued later.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1. Generally [7600 - 8126] ( Chapter 1 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 7. Commercial Fish Business Licenses [8030 - 8039] ( Article 7 added by Stats. 1986, Ch. 1049, Sec. 21. ) ## 8038. 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. (Added by Stats. 1993, Ch. 1117, Sec. 1. Effective January 1, 1994.)
  12. 8039.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1. Generally [7600 - 8126] ( Chapter 1 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 7. Commercial Fish Business Licenses [8030 - 8039] ( Article 7 added by Stats. 1986, Ch. 1049, Sec. 21. )

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    The fees in this article apply to the 2004 license year and must be adjusted every year after that under Section 713.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1. Generally [7600 - 8126] ( Chapter 1 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 7. Commercial Fish Business Licenses [8030 - 8039] ( Article 7 added by Stats. 1986, Ch. 1049, Sec. 21. ) ## 8039. The fees specified in this article are applicable to the 2004 license year and shall be adjusted annually thereafter pursuant to Section 713. (Added by Stats. 2003, Ch. 741, Sec. 40. Effective January 1, 2004.)
  13. 8040.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1. Generally [7600 - 8126] ( Chapter 1 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 7.5. Landing Fees [8040 - 8070] ( Heading of Article 7.5 amended by Stats. 2017, Ch. 26, Sec. 11. )

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    This section defines “commercial fisherman” and “landing fee” for this article.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1. Generally [7600 - 8126] ( Chapter 1 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 7.5. Landing Fees [8040 - 8070] ( Heading of Article 7.5 amended by Stats. 2017, Ch. 26, Sec. 11. ) ## 8040. 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. (Amended by Stats. 2023, Ch. 132, Sec. 144. (AB 1760) Effective January 1, 2024.)
  14. 8041.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1. Generally [7600 - 8126] ( Chapter 1 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 7.5. Landing Fees [8040 - 8070] ( Heading of Article 7.5 amended by Stats. 2017, Ch. 26, Sec. 11. )

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    This section requires certain fish receivers and some commercial fishermen to pay a landing fee, and it exempts several live bait and live aquaria fish activities from that fee.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1. Generally [7600 - 8126] ( Chapter 1 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 7.5. Landing Fees [8040 - 8070] ( Heading of Article 7.5 amended by Stats. 2017, Ch. 26, Sec. 11. ) ## 8041. (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. (Amended by Stats. 2023, Ch. 876, Sec. 5. (SB 500) Effective January 1, 2024.)
  15. 8042.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1. Generally [7600 - 8126] ( Chapter 1 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 7.5. Landing Fees [8040 - 8070] ( Heading of Article 7.5 amended by Stats. 2017, Ch. 26, Sec. 11. )

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    The landing fee is calculated by multiplying the fish fee rate by the pounds delivered, and the department may regulate a conversion factor for fish not delivered in the round.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1. Generally [7600 - 8126] ( Chapter 1 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 7.5. Landing Fees [8040 - 8070] ( Heading of Article 7.5 amended by Stats. 2017, Ch. 26, Sec. 11. ) ## 8042. 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. (Amended by Stats. 2017, Ch. 26, Sec. 14. (SB 92) Effective June 27, 2017.)
  16. 8043.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1. Generally [7600 - 8126] ( Chapter 1 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 7.5. Landing Fees [8040 - 8070] ( Heading of Article 7.5 amended by Stats. 2017, Ch. 26, Sec. 11. )

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    Certain fish sellers and handlers must report fish transactions with an electronic fish ticket, include specified details on the ticket, complete it on set timing rules, and sign the paper hard copy.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1. Generally [7600 - 8126] ( Chapter 1 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 7.5. Landing Fees [8040 - 8070] ( Heading of Article 7.5 amended by Stats. 2017, Ch. 26, Sec. 11. ) ## 8043. (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. (Amended by Stats. 2025, Ch. 227, Sec. 2. (SB 609) Effective January 1, 2026.)
  17. 8043.1.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1. Generally [7600 - 8126] ( Chapter 1 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 7.5. Landing Fees [8040 - 8070] ( Heading of Article 7.5 amended by Stats. 2017, Ch. 26, Sec. 11. )

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    Marine aquaria receivers must keep complete landing receipt records, complete the receipt form when fish or organisms are received or brought ashore, and provide receipt copies to the department.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1. Generally [7600 - 8126] ( Chapter 1 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 7.5. Landing Fees [8040 - 8070] ( Heading of Article 7.5 amended by Stats. 2017, Ch. 26, Sec. 11. ) ## 8043.1. (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. (Amended by Stats. 2018, Ch. 601, Sec. 1. (SB 269) Effective January 1, 2019.)
  18. 8043.2.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1. Generally [7600 - 8126] ( Chapter 1 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 7.5. Landing Fees [8040 - 8070] ( Heading of Article 7.5 amended by Stats. 2017, Ch. 26, Sec. 11. )

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    Some commercial fishermen must create electronic fish tickets, keep tally sheets for daily sales, and provide fish for inspection on request.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1. Generally [7600 - 8126] ( Chapter 1 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 7.5. Landing Fees [8040 - 8070] ( Heading of Article 7.5 amended by Stats. 2017, Ch. 26, Sec. 11. ) ## 8043.2. (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. (Amended by Stats. 2023, Ch. 876, Sec. 7. (SB 500) Effective January 1, 2024.)
  19. 8046.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1. Generally [7600 - 8126] ( Chapter 1 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 7.5. Landing Fees [8040 - 8070] ( Heading of Article 7.5 amended by Stats. 2017, Ch. 26, Sec. 11. )

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    Certain fish-ticket and landing-receipt copies must be filed, delivered, kept for four years, and made available for inspection, with extra notice and access rules for specified fish deliveries.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1. Generally [7600 - 8126] ( Chapter 1 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 7.5. Landing Fees [8040 - 8070] ( Heading of Article 7.5 amended by Stats. 2017, Ch. 26, Sec. 11. ) ## 8046. (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. (Amended by Stats. 2023, Ch. 876, Sec. 9. (SB 500) Effective January 1, 2024.)
  20. 8046.1.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1. Generally [7600 - 8126] ( Chapter 1 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 7.5. Landing Fees [8040 - 8070] ( Heading of Article 7.5 amended by Stats. 2017, Ch. 26, Sec. 11. )

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    People landing certain groundfish must keep a copy of the electronic fish ticket on the fishing vessel during the landings period and for 15 days afterward.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1. Generally [7600 - 8126] ( Chapter 1 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 7.5. Landing Fees [8040 - 8070] ( Heading of Article 7.5 amended by Stats. 2017, Ch. 26, Sec. 11. ) ## 8046.1. 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. (Amended by Stats. 2023, Ch. 876, Sec. 10. (SB 500) Effective January 1, 2024.)
  21. 8047.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1. Generally [7600 - 8126] ( Chapter 1 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 7.5. Landing Fees [8040 - 8070] ( Heading of Article 7.5 amended by Stats. 2017, Ch. 26, Sec. 11. )

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    This section requires specific fish transport and landing records to be completed, delivered to the department, kept for four years, and available for inspection.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1. Generally [7600 - 8126] ( Chapter 1 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 7.5. Landing Fees [8040 - 8070] ( Heading of Article 7.5 amended by Stats. 2017, Ch. 26, Sec. 11. ) ## 8047. (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. (Amended by Stats. 2023, Ch. 876, Sec. 11. (SB 500) Effective January 1, 2024.)
  22. 8050.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1. Generally [7600 - 8126] ( Chapter 1 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 7.5. Landing Fees [8040 - 8070] ( Heading of Article 7.5 amended by Stats. 2017, Ch. 26, Sec. 11. )

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    Certain fish sellers and commercial fishermen must keep detailed accounting records, keep them in English when transmitted, retain them for three years, keep them in California, and make them available to the department on request.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1. Generally [7600 - 8126] ( Chapter 1 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 7.5. Landing Fees [8040 - 8070] ( Heading of Article 7.5 amended by Stats. 2017, Ch. 26, Sec. 11. ) ## 8050. (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. (Amended by Stats. 2023, Ch. 132, Sec. 149. (AB 1760) Effective January 1, 2024.)
  23. 8051.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1. Generally [7600 - 8126] ( Chapter 1 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 7.5. Landing Fees [8040 - 8070] ( Heading of Article 7.5 amended by Stats. 2017, Ch. 26, Sec. 11. )

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    This section sets landing fee rates for different fish and seafood species and requires the department to adjust them annually using a price-deflator index.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1. Generally [7600 - 8126] ( Chapter 1 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 7.5. Landing Fees [8040 - 8070] ( Heading of Article 7.5 amended by Stats. 2017, Ch. 26, Sec. 11. ) ## 8051. (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 $ 0.1333 Spot prawn and abalone $ 0.1000 Salmon and swordfish, based only on the weight in the round $ 0.0333 Halibut, sea cucumber, white seabass, sheephead, and Dungeness crab $ 0.0333 Shortspine thornyhead, sablefish, lingcod, and prawns and shrimp (except spot prawn and pink shrimp) $ 0.0133 Angel, thresher, and bonito sharks, based only on the weight in the round $ 0.0097 All fish and invertebrates unless otherwise specified $ 0.0067 Sea urchin, pink shrimp, smelts, soles, turbot, longspine thornyhead, night smelt, and sanddabs $ 0.0047 Bonito, flounder, grenadiers, herring, and skates $ 0.0027 Market squid $ 0.0023 Anchovy, 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 XIII B of the California Constitution. (Amended by Stats. 2019, Ch. 472, Sec. 1. (SB 262) Effective January 1, 2020.)
  24. 8051.4.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1. Generally [7600 - 8126] ( Chapter 1 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 7.5. Landing Fees [8040 - 8070] ( Heading of Article 7.5 amended by Stats. 2017, Ch. 26, Sec. 11. )

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    Money collected as a landing fee must go into the Fish and Game Preservation Fund and be used only for the Abalone Resources Restoration and Enhancement Program.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1. Generally [7600 - 8126] ( Chapter 1 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 7.5. Landing Fees [8040 - 8070] ( Heading of Article 7.5 amended by Stats. 2017, Ch. 26, Sec. 11. ) ## 8051.4. (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. (Amended by Stats. 2017, Ch. 26, Sec. 17. (SB 92) Effective June 27, 2017.)
  25. 8052.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1. Generally [7600 - 8126] ( Chapter 1 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 7.5. Landing Fees [8040 - 8070] ( Heading of Article 7.5 amended by Stats. 2017, Ch. 26, Sec. 11. )

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    Landing fees may be used only for administering commercial fishing laws, with specific 90% minimum spending rules for certain species fees.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1. Generally [7600 - 8126] ( Chapter 1 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 7.5. Landing Fees [8040 - 8070] ( Heading of Article 7.5 amended by Stats. 2017, Ch. 26, Sec. 11. ) ## 8052. 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. (Amended by Stats. 2017, Ch. 26, Sec. 18. (SB 92) Effective June 27, 2017.)
  26. 8053.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1. Generally [7600 - 8126] ( Chapter 1 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 7.5. Landing Fees [8040 - 8070] ( Heading of Article 7.5 amended by Stats. 2017, Ch. 26, Sec. 11. )

    Verify source ↗

    Landing fees under this article must be paid to the department quarterly, within 30 days after the end of each quarter.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1. Generally [7600 - 8126] ( Chapter 1 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 7.5. Landing Fees [8040 - 8070] ( Heading of Article 7.5 amended by Stats. 2017, Ch. 26, Sec. 11. ) ## 8053. (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. (Amended by Stats. 2017, Ch. 26, Sec. 19. (SB 92) Effective June 27, 2017.)
  27. 8056.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1. Generally [7600 - 8126] ( Chapter 1 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 7.5. Landing Fees [8040 - 8070] ( Heading of Article 7.5 amended by Stats. 2017, Ch. 26, Sec. 11. )

    Verify source ↗

    Money collected under this article must be paid to the department, which must spend it on patrol, inspection, regulation of the fishing industry, and related conservation work.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1. Generally [7600 - 8126] ( Chapter 1 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 7.5. Landing Fees [8040 - 8070] ( Heading of Article 7.5 amended by Stats. 2017, Ch. 26, Sec. 11. ) ## 8056. 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. (Enacted by Stats. 1957, Ch. 456.)
  28. 8057.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1. Generally [7600 - 8126] ( Chapter 1 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 7.5. Landing Fees [8040 - 8070] ( Heading of Article 7.5 amended by Stats. 2017, Ch. 26, Sec. 11. )

    Verify source ↗

    If the department finds a fee or penalty was paid twice, or was collected or computed by error or unlawfully, it must record that fact and the excess must be credited against amounts due; any remaining balance must be refunded.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1. Generally [7600 - 8126] ( Chapter 1 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 7.5. Landing Fees [8040 - 8070] ( Heading of Article 7.5 amended by Stats. 2017, Ch. 26, Sec. 11. ) ## 8057. 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. (Amended by Stats. 2017, Ch. 26, Sec. 21. (SB 92) Effective June 27, 2017.)
  29. 8058.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1. Generally [7600 - 8126] ( Chapter 1 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 7.5. Landing Fees [8040 - 8070] ( Heading of Article 7.5 amended by Stats. 2017, Ch. 26, Sec. 11. )

    Verify source ↗

    If a fee has been overpaid, the feepayer may ask the department for a refund or credit, but the claim must be filed within six months after the end of the calendar year of the overpayment.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1. Generally [7600 - 8126] ( Chapter 1 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 7.5. Landing Fees [8040 - 8070] ( Heading of Article 7.5 amended by Stats. 2017, Ch. 26, Sec. 11. ) ## 8058. 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. (Amended by Stats. 2017, Ch. 26, Sec. 22. (SB 92) Effective June 27, 2017.)
  30. 8059.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1. Generally [7600 - 8126] ( Chapter 1 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 7.5. Landing Fees [8040 - 8070] ( Heading of Article 7.5 amended by Stats. 2017, Ch. 26, Sec. 11. )

    Verify source ↗

    Refund or credit claims for overpayment of a landing fee must be in writing and must state the specific grounds for the claim.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1. Generally [7600 - 8126] ( Chapter 1 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 7.5. Landing Fees [8040 - 8070] ( Heading of Article 7.5 amended by Stats. 2017, Ch. 26, Sec. 11. ) ## 8059. 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. (Amended by Stats. 2017, Ch. 26, Sec. 23. (SB 92) Effective June 27, 2017.)
  31. 8060.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1. Generally [7600 - 8126] ( Chapter 1 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 7.5. Landing Fees [8040 - 8070] ( Heading of Article 7.5 amended by Stats. 2017, Ch. 26, Sec. 11. )

    Verify source ↗

    If a claim for refund or credit is not filed on time, the claimant waives any demand against the state for an overpayment of a landing fee.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1. Generally [7600 - 8126] ( Chapter 1 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 7.5. Landing Fees [8040 - 8070] ( Heading of Article 7.5 amended by Stats. 2017, Ch. 26, Sec. 11. ) ## 8060. 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. (Amended by Stats. 2017, Ch. 26, Sec. 24. (SB 92) Effective June 27, 2017.)
  32. 8061.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1. Generally [7600 - 8126] ( Chapter 1 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 7.5. Landing Fees [8040 - 8070] ( Heading of Article 7.5 amended by Stats. 2017, Ch. 26, Sec. 11. )

    Verify source ↗

    After disallowing a claim for refund or credit for an overpayment of a landing fee, the department must notify the claimant within 30 days.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1. Generally [7600 - 8126] ( Chapter 1 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 7.5. Landing Fees [8040 - 8070] ( Heading of Article 7.5 amended by Stats. 2017, Ch. 26, Sec. 11. ) ## 8061. 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. (Amended by Stats. 2017, Ch. 26, Sec. 25. (SB 92) Effective June 27, 2017.)
  33. 8062.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1. Generally [7600 - 8126] ( Chapter 1 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 7.5. Landing Fees [8040 - 8070] ( Heading of Article 7.5 amended by Stats. 2017, Ch. 26, Sec. 11. )

    Verify source ↗

    Interest must be paid on any overpayment of a landing fee at 0.5% per month.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1. Generally [7600 - 8126] ( Chapter 1 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 7.5. Landing Fees [8040 - 8070] ( Heading of Article 7.5 amended by Stats. 2017, Ch. 26, Sec. 11. ) ## 8062. 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. (Amended by Stats. 2017, Ch. 26, Sec. 26. (SB 92) Effective June 27, 2017.)
  34. 8063.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1. Generally [7600 - 8126] ( Chapter 1 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 7.5. Landing Fees [8040 - 8070] ( Heading of Article 7.5 amended by Stats. 2017, Ch. 26, Sec. 11. )

    Verify source ↗

    If the department finds a landing fee overpayment was intentional or caused by carelessness, it must not allow interest on that overpayment.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1. Generally [7600 - 8126] ( Chapter 1 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 7.5. Landing Fees [8040 - 8070] ( Heading of Article 7.5 amended by Stats. 2017, Ch. 26, Sec. 11. ) ## 8063. 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. (Amended by Stats. 2017, Ch. 26, Sec. 27. (SB 92) Effective June 27, 2017.)
  35. 8064.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1. Generally [7600 - 8126] ( Chapter 1 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 7.5. Landing Fees [8040 - 8070] ( Heading of Article 7.5 amended by Stats. 2017, Ch. 26, Sec. 11. )

    Verify source ↗

    Courts may not issue injunctions, writs of mandate, or similar legal or equitable orders to stop the state or a state officer from collecting landing fees under this article.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1. Generally [7600 - 8126] ( Chapter 1 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 7.5. Landing Fees [8040 - 8070] ( Heading of Article 7.5 amended by Stats. 2017, Ch. 26, Sec. 11. ) ## 8064. 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. (Amended by Stats. 2017, Ch. 26, Sec. 28. (SB 92) Effective June 27, 2017.)
  36. 8065.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1. Generally [7600 - 8126] ( Chapter 1 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 7.5. Landing Fees [8040 - 8070] ( Heading of Article 7.5 amended by Stats. 2017, Ch. 26, Sec. 11. )

    Verify source ↗

    A court suit to recover a landing fee cannot be maintained unless a refund or credit claim has been filed under Sections 8058 and 8059.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1. Generally [7600 - 8126] ( Chapter 1 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 7.5. Landing Fees [8040 - 8070] ( Heading of Article 7.5 amended by Stats. 2017, Ch. 26, Sec. 11. ) ## 8065. 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. (Amended by Stats. 2017, Ch. 26, Sec. 29. (SB 92) Effective June 27, 2017.)
  37. 8066.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1. Generally [7600 - 8126] ( Chapter 1 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 7.5. Landing Fees [8040 - 8070] ( Heading of Article 7.5 amended by Stats. 2017, Ch. 26, Sec. 11. )

    Verify source ↗

    A claimant may sue the department within 90 days after notice of the department’s action on the claim.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1. Generally [7600 - 8126] ( Chapter 1 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 7.5. Landing Fees [8040 - 8070] ( Heading of Article 7.5 amended by Stats. 2017, Ch. 26, Sec. 11. ) ## 8066. 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. (Added by Stats. 1959, Ch. 1988.)
  38. 8067.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1. Generally [7600 - 8126] ( Chapter 1 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 7.5. Landing Fees [8040 - 8070] ( Heading of Article 7.5 amended by Stats. 2017, Ch. 26, Sec. 11. )

    Verify source ↗

    If the department does not mail notice within six months after a landing-fee overpayment claim is filed, the claimant may treat the claim as disallowed and sue the department.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1. Generally [7600 - 8126] ( Chapter 1 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 7.5. Landing Fees [8040 - 8070] ( Heading of Article 7.5 amended by Stats. 2017, Ch. 26, Sec. 11. ) ## 8067. 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. (Amended by Stats. 2017, Ch. 26, Sec. 30. (SB 92) Effective June 27, 2017.)
  39. 8068.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1. Generally [7600 - 8126] ( Chapter 1 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 7.5. Landing Fees [8040 - 8070] ( Heading of Article 7.5 amended by Stats. 2017, Ch. 26, Sec. 11. )

    Verify source ↗

    If a plaintiff wins judgment, the judgment amount is applied first to any landing fee owed to the state, and any remaining balance is refunded to the plaintiff.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1. Generally [7600 - 8126] ( Chapter 1 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 7.5. Landing Fees [8040 - 8070] ( Heading of Article 7.5 amended by Stats. 2017, Ch. 26, Sec. 11. ) ## 8068. 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. (Amended by Stats. 2017, Ch. 26, Sec. 31. (SB 92) Effective June 27, 2017.)
  40. 8069.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1. Generally [7600 - 8126] ( Chapter 1 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 7.5. Landing Fees [8040 - 8070] ( Heading of Article 7.5 amended by Stats. 2017, Ch. 26, Sec. 11. )

    Verify source ↗

    Interest must be allowed at the legal rate on amounts illegally collected, starting from payment and ending when credit is allowed or up to 30 days before the refund warrant date.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1. Generally [7600 - 8126] ( Chapter 1 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 7.5. Landing Fees [8040 - 8070] ( Heading of Article 7.5 amended by Stats. 2017, Ch. 26, Sec. 11. ) ## 8069. 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. (Amended by Stats. 1986, Ch. 1049, Sec. 48. Effective September 24, 1986.)
  41. 8070.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1. Generally [7600 - 8126] ( Chapter 1 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 7.5. Landing Fees [8040 - 8070] ( Heading of Article 7.5 amended by Stats. 2017, Ch. 26, Sec. 11. )

    Verify source ↗

    A court may not enter judgment for the plaintiff in a suit against the department to recover money paid if the suit is brought by an assignee or by anyone other than the person who made the payment.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1. Generally [7600 - 8126] ( Chapter 1 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 7.5. Landing Fees [8040 - 8070] ( Heading of Article 7.5 amended by Stats. 2017, Ch. 26, Sec. 11. ) ## 8070. 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. (Added by Stats. 1959, Ch. 1988.)
  42. 8075.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1. Generally [7600 - 8126] ( Chapter 1 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 8. Reduction Permits [8075 - 8080] ( Article 8 enacted by Stats. 1957, Ch. 456. )

    Verify source ↗

    The commission may issue permits for taking and using fish by a reduction or extraction process, and it may attach regulations to those permits.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1. Generally [7600 - 8126] ( Chapter 1 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 8. Reduction Permits [8075 - 8080] ( Article 8 enacted by Stats. 1957, Ch. 456. ) ## 8075. 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. (Enacted by Stats. 1957, Ch. 456.)
  43. 8076.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1. Generally [7600 - 8126] ( Chapter 1 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 8. Reduction Permits [8075 - 8080] ( Article 8 enacted by Stats. 1957, Ch. 456. )

    Verify source ↗

    A fish reduction permit is not allowed if the reduction may deplete the species or cause waste or deterioration of fish.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1. Generally [7600 - 8126] ( Chapter 1 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 8. Reduction Permits [8075 - 8080] ( Article 8 enacted by Stats. 1957, Ch. 456. ) ## 8076. No reduction of fish shall be permitted which may tend to deplete the species, or result in waste or deterioration of fish. (Enacted by Stats. 1957, Ch. 456.)
  44. 8077.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1. Generally [7600 - 8126] ( Chapter 1 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 8. Reduction Permits [8075 - 8080] ( Article 8 enacted by Stats. 1957, Ch. 456. )

    Verify source ↗

    A reduction permit may be issued only after a public hearing and a commission finding that it would promote the economic use of the state's fish resources in the public interest.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1. Generally [7600 - 8126] ( Chapter 1 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 8. Reduction Permits [8075 - 8080] ( Article 8 enacted by Stats. 1957, Ch. 456. ) ## 8077. 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. (Enacted by Stats. 1957, Ch. 456.)
  45. 8078.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1. Generally [7600 - 8126] ( Chapter 1 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 8. Reduction Permits [8075 - 8080] ( Article 8 enacted by Stats. 1957, Ch. 456. )

    Verify source ↗

    A hearing on a permit application must be held within 30 days, using notice procedures set by the commission. The commission may extend the hearing, but only up to a total of 30 additional days.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1. Generally [7600 - 8126] ( Chapter 1 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 8. Reduction Permits [8075 - 8080] ( Article 8 enacted by Stats. 1957, Ch. 456. ) ## 8078. 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. (Enacted by Stats. 1957, Ch. 456.)
  46. 8079.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1. Generally [7600 - 8126] ( Chapter 1 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 8. Reduction Permits [8075 - 8080] ( Article 8 enacted by Stats. 1957, Ch. 456. )

    Verify source ↗

    The commission must limit the total number of permits granted when needed to prevent overexpansion, ensure efficient and economical operation of reduction plants, or otherwise carry out this article.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1. Generally [7600 - 8126] ( Chapter 1 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 8. Reduction Permits [8075 - 8080] ( Article 8 enacted by Stats. 1957, Ch. 456. ) ## 8079. 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. (Enacted by Stats. 1957, Ch. 456.)
  47. 8079.1.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1. Generally [7600 - 8126] ( Chapter 1 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 8. Reduction Permits [8075 - 8080] ( Article 8 enacted by Stats. 1957, Ch. 456. )

    Verify source ↗

    The director or a director’s representative may grant a license to a fish reduction plant to dispose of dead or dying fish, and the license must state the estimated tonnage limit.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1. Generally [7600 - 8126] ( Chapter 1 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 8. Reduction Permits [8075 - 8080] ( Article 8 enacted by Stats. 1957, Ch. 456. ) ## 8079.1. 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. (Amended by Stats. 2015, Ch. 154, Sec. 89. (AB 1527) Effective January 1, 2016.)
  48. 8080.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1. Generally [7600 - 8126] ( Chapter 1 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 8. Reduction Permits [8075 - 8080] ( Article 8 enacted by Stats. 1957, Ch. 456. )

    Verify source ↗

    This section says the article does not limit any court’s power in proceedings about matters arising under the article.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1. Generally [7600 - 8126] ( Chapter 1 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 8. Reduction Permits [8075 - 8080] ( Article 8 enacted by Stats. 1957, Ch. 456. ) ## 8080. 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. (Enacted by Stats. 1957, Ch. 456.)
  49. 81.

    ## Fish and Game Code - FGC ## DIVISION 0.5. GENERAL PROVISIONS AND DEFINITIONS [1 - 99.5] ( Division 0.5 heading added by Stats. 1998, Ch. 1052, Sec. 2. ) ## CHAPTER 1 General Definitions [1. - 89.5] ( Chapter 1 heading added by Stats. 1998, Ch. 1052, Sec. 2.5. )

    Verify source ↗

    A mark can count as a signature or subscription if the signer cannot write and a witness writes the signer’s name near the mark.

    ## Fish and Game Code - FGC ## DIVISION 0.5. GENERAL PROVISIONS AND DEFINITIONS [1 - 99.5] ( Division 0.5 heading added by Stats. 1998, Ch. 1052, Sec. 2. ) ## CHAPTER 1 General Definitions [1. - 89.5] ( Chapter 1 heading added by Stats. 1998, Ch. 1052, Sec. 2.5. ) ## 81. “Signature” or “subscription” includes mark when the signer or subscriber cannot write, such signer’s or subscriber’s name being written near the mark by a witness who writes his own name near the signer’s or subscriber’s name; but a signature or subscription by mark can be acknowledged or can serve as a signature or subscription to a sworn statement only when two witnesses also sign their own names. (Enacted by Stats. 1957, Ch. 456.)
  50. 8100.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1. Generally [7600 - 8126] ( Chapter 1 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 9. Limited Entry Fisheries [8100 - 8103] ( Article 9 added by Stats. 1982, Ch. 877, Sec. 1. )

    Verify source ↗

    A “limited entry fishery” is a fishery where the number of participating people or the number of vessels used to take a specified species of fish is limited by statute or regulation.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1. Generally [7600 - 8126] ( Chapter 1 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 9. Limited Entry Fisheries [8100 - 8103] ( Article 9 added by Stats. 1982, Ch. 877, Sec. 1. ) ## 8100. “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. (Amended by Stats. 1999, Ch. 483, Sec. 20. Effective January 1, 2000.)
  51. 8101.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1. Generally [7600 - 8126] ( Chapter 1 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 9. Limited Entry Fisheries [8100 - 8103] ( Article 9 added by Stats. 1982, Ch. 877, Sec. 1. )

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    Certain licensed fishermen may be included in the initial year of a limited entry fishery if they show 20 years of California commercial fishing license history and at least one year of participation, and eligible fishermen must keep meeting continuing eligibility conditions to keep that status.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1. Generally [7600 - 8126] ( Chapter 1 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 9. Limited Entry Fisheries [8100 - 8103] ( Article 9 added by Stats. 1982, Ch. 877, Sec. 1. ) ## 8101. (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. (Amended by Stats. 2000, Ch. 388, Sec. 4.5. Effective January 1, 2001.)
  52. 8102.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1. Generally [7600 - 8126] ( Chapter 1 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 9. Limited Entry Fisheries [8100 - 8103] ( Article 9 added by Stats. 1982, Ch. 877, Sec. 1. )

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    This section lets a permit be issued to one remaining partner in certain limited entry fisheries when a permittee dies, becomes incapacitated, or retires and the partner would otherwise lose the ability to keep working. It also sets rules for who counts as a working partner and what proof must be provided.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1. Generally [7600 - 8126] ( Chapter 1 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 9. Limited Entry Fisheries [8100 - 8103] ( Article 9 added by Stats. 1982, Ch. 877, Sec. 1. ) ## 8102. (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. (Amended by Stats. 1988, Ch. 1505, Sec. 2.)
  53. 8103.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1. Generally [7600 - 8126] ( Chapter 1 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 9. Limited Entry Fisheries [8100 - 8103] ( Article 9 added by Stats. 1982, Ch. 877, Sec. 1. )

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    The department must transfer a limited entry fishery permit to certain family members after an accidental death, if application requirements are met.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1. Generally [7600 - 8126] ( Chapter 1 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 9. Limited Entry Fisheries [8100 - 8103] ( Article 9 added by Stats. 1982, Ch. 877, Sec. 1. ) ## 8103. (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. (Amended by Stats. 1988, Ch. 120, Sec. 1.)
  54. 8110.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1. Generally [7600 - 8126] ( Chapter 1 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 10. Far Offshore Fishing [8110 - 8114] ( Article 10 added by Stats. 1983, Ch. 675, Sec. 1. )

    Verify source ↗

    The Legislature states that California-based commercial fishing methods and fishing areas have recently changed, and that some existing rules are now too restrictive for far offshore fisheries.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1. Generally [7600 - 8126] ( Chapter 1 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 10. Far Offshore Fishing [8110 - 8114] ( Article 10 added by Stats. 1983, Ch. 675, Sec. 1. ) ## 8110. (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. (Added by Stats. 1983, Ch. 675, Sec. 1.)
  55. 8111.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1. Generally [7600 - 8126] ( Chapter 1 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 10. Far Offshore Fishing [8110 - 8114] ( Article 10 added by Stats. 1983, Ch. 675, Sec. 1. )

    Verify source ↗

    “Far offshore fishery” means a fishery outside the United States 200-mile exclusive economic zone.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1. Generally [7600 - 8126] ( Chapter 1 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 10. Far Offshore Fishing [8110 - 8114] ( Article 10 added by Stats. 1983, Ch. 675, Sec. 1. ) ## 8111. “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. (Amended by Stats. 1995, Ch. 619, Sec. 1. Effective January 1, 1996.)
  56. 8112.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1. Generally [7600 - 8126] ( Chapter 1 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 10. Far Offshore Fishing [8110 - 8114] ( Article 10 added by Stats. 1983, Ch. 675, Sec. 1. )

    Verify source ↗

    Certain fish taken in a far offshore fishery may be landed in this state by qualifying commercial fishing vessel operators.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1. Generally [7600 - 8126] ( Chapter 1 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 10. Far Offshore Fishing [8110 - 8114] ( Article 10 added by Stats. 1983, Ch. 675, Sec. 1. ) ## 8112. 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. (Amended by Stats. 1995, Ch. 619, Sec. 2. Effective January 1, 1996.)
  57. 8113.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1. Generally [7600 - 8126] ( Chapter 1 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 10. Far Offshore Fishing [8110 - 8114] ( Article 10 added by Stats. 1983, Ch. 675, Sec. 1. )

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    Before leaving port, vessel operators covered by this section must file a declaration with the department, and after the trip they must submit the return portion within 12 hours of arriving at a port in this state.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1. Generally [7600 - 8126] ( Chapter 1 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 10. Far Offshore Fishing [8110 - 8114] ( Article 10 added by Stats. 1983, Ch. 675, Sec. 1. ) ## 8113. (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. (Amended by Stats. 2002, Ch. 573, Sec. 2. Effective January 1, 2003.)
  58. 8114.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1. Generally [7600 - 8126] ( Chapter 1 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 10. Far Offshore Fishing [8110 - 8114] ( Article 10 added by Stats. 1983, Ch. 675, Sec. 1. )

    Verify source ↗

    An operator of a vessel covered by this article must not fish in or land fish from U.S. waters in the 200-mile exclusive economic zone during a trip for which a declaration was filed to fish in the far offshore fishery.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1. Generally [7600 - 8126] ( Chapter 1 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 10. Far Offshore Fishing [8110 - 8114] ( Article 10 added by Stats. 1983, Ch. 675, Sec. 1. ) ## 8114. 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. (Amended by Stats. 1995, Ch. 619, Sec. 5. Effective January 1, 1996.)
  59. 8120.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1. Generally [7600 - 8126] ( Chapter 1 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 11. High Seas Interception of Salmon [8120 - 8123] ( Article 11 added by Stats. 1990, Ch. 745, Sec. 2. )

    Verify source ↗

    This section defines terms used in Article 11 on high seas interception of salmon.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1. Generally [7600 - 8126] ( Chapter 1 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 11. High Seas Interception of Salmon [8120 - 8123] ( Article 11 added by Stats. 1990, Ch. 745, Sec. 2. ) ## 8120. 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. (Added by Stats. 1990, Ch. 745, Sec. 2.)
  60. 8121.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1. Generally [7600 - 8126] ( Chapter 1 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 11. High Seas Interception of Salmon [8120 - 8123] ( Article 11 added by Stats. 1990, Ch. 745, Sec. 2. )

    Verify source ↗

    It is unlawful for any person to buy, sell, trade, process, or possess salmon obtained by high seas interception, to help finance or supply those activities, or to broker or negotiate them with that knowledge.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1. Generally [7600 - 8126] ( Chapter 1 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 11. High Seas Interception of Salmon [8120 - 8123] ( Article 11 added by Stats. 1990, Ch. 745, Sec. 2. ) ## 8121. 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. (Added by Stats. 1990, Ch. 745, Sec. 2.)
  61. 8122.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1. Generally [7600 - 8126] ( Chapter 1 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 11. High Seas Interception of Salmon [8120 - 8123] ( Article 11 added by Stats. 1990, Ch. 745, Sec. 2. )

    Verify source ↗

    A person may not create, circulate, or possess a salmon-related written instrument if they know it contains misleading or untrue information.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1. Generally [7600 - 8126] ( Chapter 1 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 11. High Seas Interception of Salmon [8120 - 8123] ( Article 11 added by Stats. 1990, Ch. 745, Sec. 2. ) ## 8122. 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. (Added by Stats. 1990, Ch. 745, Sec. 2.)
  62. 8123.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1. Generally [7600 - 8126] ( Chapter 1 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 11. High Seas Interception of Salmon [8120 - 8123] ( Article 11 added by Stats. 1990, Ch. 745, Sec. 2. )

    Verify source ↗

    A person who knows a vessel is involved in high-seas salmon interception must not help the vessel in specified ways.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1. Generally [7600 - 8126] ( Chapter 1 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 11. High Seas Interception of Salmon [8120 - 8123] ( Article 11 added by Stats. 1990, Ch. 745, Sec. 2. ) ## 8123. (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. (Added by Stats. 1990, Ch. 745, Sec. 2.)
  63. 8125.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1. Generally [7600 - 8126] ( Chapter 1 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 12. Commercial Fisheries Capacity Reduction Program [8125 - 8126] ( Article 12 added by Stats. 2003, Ch. 514, Sec. 1. )

    Verify source ↗

    This section creates the Commercial Fisheries Capacity Reduction Account and directs certain fees into it, with the money used to repay specified federal loan costs.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1. Generally [7600 - 8126] ( Chapter 1 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 12. Commercial Fisheries Capacity Reduction Program [8125 - 8126] ( Article 12 added by Stats. 2003, Ch. 514, Sec. 1. ) ## 8125. 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. (Added by Stats. 2003, Ch. 514, Sec. 1. Effective January 1, 2004.)
  64. 8126.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1. Generally [7600 - 8126] ( Chapter 1 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 12. Commercial Fisheries Capacity Reduction Program [8125 - 8126] ( Article 12 added by Stats. 2003, Ch. 514, Sec. 1. )

    Verify source ↗

    The commission must establish a capacity reduction fee for taking certain fish and shellfish.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1. Generally [7600 - 8126] ( Chapter 1 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 12. Commercial Fisheries Capacity Reduction Program [8125 - 8126] ( Article 12 added by Stats. 2003, Ch. 514, Sec. 1. ) ## 8126. 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. (Added by Stats. 2003, Ch. 514, Sec. 1. Effective January 1, 2004.)
  65. 8140.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Particular Varieties of Fish [8140 - 8599.4] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 1. General Season [8140- 8140.] ( Article 1 enacted by Stats. 1957, Ch. 456. )

    Verify source ↗

    Fish that are not otherwise restricted by state or federal law or regulations may be taken at any time for commercial purposes.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Particular Varieties of Fish [8140 - 8599.4] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 1. General Season [8140- 8140.] ( Article 1 enacted by Stats. 1957, Ch. 456. ) ## 8140. 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. (Amended by Stats. 1998, Ch. 1052, Sec. 13. Effective January 1, 1999.)
  66. 8150.5.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Particular Varieties of Fish [8140 - 8599.4] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 2. Sardines [8150.5 - 8154] ( Article 2 enacted by Stats. 1957, Ch. 456. )

    Verify source ↗

    Sardines generally may not be taken or possessed on any boat, barge, or vessel, except as allowed by Section 8150.7 and two stated exceptions for imported sardines.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Particular Varieties of Fish [8140 - 8599.4] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 2. Sardines [8150.5 - 8154] ( Article 2 enacted by Stats. 1957, Ch. 456. ) ## 8150.5. (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. (Amended by Stats. 2000, Ch. 388, Sec. 5. Effective January 1, 2001.)
  67. 8150.7.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Particular Varieties of Fish [8140 - 8599.4] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 2. Sardines [8150.5 - 8154] ( Article 2 enacted by Stats. 1957, Ch. 456. )

    Verify source ↗

    The department must manage the sardine resource consistently with specified federal fishery regulations, with the stated goal of maximizing sustained harvest.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Particular Varieties of Fish [8140 - 8599.4] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 2. Sardines [8150.5 - 8154] ( Article 2 enacted by Stats. 1957, Ch. 456. ) ## 8150.7. 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. (Amended by Stats. 2000, Ch. 388, Sec. 6. Effective January 1, 2001.)
  68. 8154.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Particular Varieties of Fish [8140 - 8599.4] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 2. Sardines [8150.5 - 8154] ( Article 2 enacted by Stats. 1957, Ch. 456. )

    Verify source ↗

    No person may receive, possess, or sell sardines except for the purpose stated on the fish receipt completed when the sardines were landed under Section 8043.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Particular Varieties of Fish [8140 - 8599.4] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 2. Sardines [8150.5 - 8154] ( Article 2 enacted by Stats. 1957, Ch. 456. ) ## 8154. 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. (Added by Stats. 1989, Ch. 858, Sec. 4.)
  69. 8180.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Particular Varieties of Fish [8140 - 8599.4] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 3. Anchovies [8180 - 8190] ( Article 3 enacted by Stats. 1957, Ch. 456. )

    Verify source ↗

    Anchovies may be taken south of a line through Point Mugu for bait, fresh human consumption, or hatchery food under contract with the department, subject to a 500-ton-per-year limit for hatchery food.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Particular Varieties of Fish [8140 - 8599.4] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 3. Anchovies [8180 - 8190] ( Article 3 enacted by Stats. 1957, Ch. 456. ) ## 8180. 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. (Enacted by Stats. 1957, Ch. 456.)
  70. 8181.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Particular Varieties of Fish [8140 - 8599.4] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 3. Anchovies [8180 - 8190] ( Article 3 enacted by Stats. 1957, Ch. 456. )

    Verify source ↗

    Anchovies taken south of the line, and anchovies taken north of the line in any waters, may be possessed, transported, sold, or otherwise dealt with in districts south of the line.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Particular Varieties of Fish [8140 - 8599.4] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 3. Anchovies [8180 - 8190] ( Article 3 enacted by Stats. 1957, Ch. 456. ) ## 8181. 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. (Enacted by Stats. 1957, Ch. 456.)
  71. 8182.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Particular Varieties of Fish [8140 - 8599.4] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 3. Anchovies [8180 - 8190] ( Article 3 enacted by Stats. 1957, Ch. 456. )

    Verify source ↗

    A boat operator taking anchovies south of the Section 8180 line must display the boat’s department registration number in the required places and format while operating.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Particular Varieties of Fish [8140 - 8599.4] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 3. Anchovies [8180 - 8190] ( Article 3 enacted by Stats. 1957, Ch. 456. ) ## 8182. 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. (Amended by Stats. 2015, Ch. 154, Sec. 90. (AB 1527) Effective January 1, 2016.)
  72. 8183.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Particular Varieties of Fish [8140 - 8599.4] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 3. Anchovies [8180 - 8190] ( Article 3 enacted by Stats. 1957, Ch. 456. )

    Verify source ↗

    Anchovies may not be taken in Humboldt Bay except under stated conditions, including a seasonal window, a 60-ton annual limit, use of bait nets, and release of incidental game fish; fishing records must be kept and may be inspected.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Particular Varieties of Fish [8140 - 8599.4] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 3. Anchovies [8180 - 8190] ( Article 3 enacted by Stats. 1957, Ch. 456. ) ## 8183. (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). (Amended by Stats. 2018, Ch. 985, Sec. 5. (SB 1309) Effective January 1, 2019.)
  73. 8190.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Particular Varieties of Fish [8140 - 8599.4] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 3. Anchovies [8180 - 8190] ( Article 3 enacted by Stats. 1957, Ch. 456. )

    Verify source ↗

    The department must conduct annual anchovy surveys, research, or analyses needed to make an accurate biomass estimate, but only when federal funding is available.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Particular Varieties of Fish [8140 - 8599.4] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 3. Anchovies [8180 - 8190] ( Article 3 enacted by Stats. 1957, Ch. 456. ) ## 8190. (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. (Added by Stats. 1978, Ch. 897.)
  74. 82.

    ## Fish and Game Code - FGC ## DIVISION 0.5. GENERAL PROVISIONS AND DEFINITIONS [1 - 99.5] ( Division 0.5 heading added by Stats. 1998, Ch. 1052, Sec. 2. ) ## CHAPTER 1 General Definitions [1. - 89.5] ( Chapter 1 heading added by Stats. 1998, Ch. 1052, Sec. 2.5. )

    Verify source ↗

    This section defines “slurp gun” as a self-contained, hand-held device used to capture fish by rapidly drawing water and fish into a closed chamber.

    ## Fish and Game Code - FGC ## DIVISION 0.5. GENERAL PROVISIONS AND DEFINITIONS [1 - 99.5] ( Division 0.5 heading added by Stats. 1998, Ch. 1052, Sec. 2. ) ## CHAPTER 1 General Definitions [1. - 89.5] ( Chapter 1 heading added by Stats. 1998, Ch. 1052, Sec. 2.5. ) ## 82. “Slurp gun” means a self-contained, hand-held device used to capture fish by rapidly drawing water containing fish into a closed chamber. (Added by Stats. 1992, Ch. 742, Sec. 1. Effective January 1, 1993.)
  75. 8210.2.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Particular Varieties of Fish [8140 - 8599.4] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 4. Salmon [8210.2 - 8226] ( Article 4 enacted by Stats. 1957, Ch. 456. )

    Verify source ↗

    Commercial salmon fishing is allowed only in specified districts and subject to season, gear, and size limits.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Particular Varieties of Fish [8140 - 8599.4] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 4. Salmon [8210.2 - 8226] ( Article 4 enacted by Stats. 1957, Ch. 456. ) ## 8210.2. 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. (Amended by Stats. 1988, Ch. 1009, Sec. 1.5.)
  76. 8213.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Particular Varieties of Fish [8140 - 8599.4] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 4. Salmon [8210.2 - 8226] ( Article 4 enacted by Stats. 1957, Ch. 456. )

    Verify source ↗

    Salmon may be sold in a district only under the commission’s regulations during periods when salmon may not be taken for commercial purposes there.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Particular Varieties of Fish [8140 - 8599.4] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 4. Salmon [8210.2 - 8226] ( Article 4 enacted by Stats. 1957, Ch. 456. ) ## 8213. 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. (Enacted by Stats. 1957, Ch. 456.)
  77. 8214.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Particular Varieties of Fish [8140 - 8599.4] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 4. Salmon [8210.2 - 8226] ( Article 4 enacted by Stats. 1957, Ch. 456. )

    Verify source ↗

    Taking salmon for commercial purposes is unlawful in the specified Humboldt Bay area.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Particular Varieties of Fish [8140 - 8599.4] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 4. Salmon [8210.2 - 8226] ( Article 4 enacted by Stats. 1957, Ch. 456. ) ## 8214. 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. (Enacted by Stats. 1957, Ch. 456.)
  78. 8215.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Particular Varieties of Fish [8140 - 8599.4] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 4. Salmon [8210.2 - 8226] ( Article 4 enacted by Stats. 1957, Ch. 456. )

    Verify source ↗

    Silver salmon may not be sold, possessed, or transported through certain districts during the period when commercial taking of silver salmon is unlawful there.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Particular Varieties of Fish [8140 - 8599.4] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 4. Salmon [8210.2 - 8226] ( Article 4 enacted by Stats. 1957, Ch. 456. ) ## 8215. 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. (Amended by Stats. 1988, Ch. 1009, Sec. 2.)
  79. 8217.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Particular Varieties of Fish [8140 - 8599.4] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 4. Salmon [8210.2 - 8226] ( Article 4 enacted by Stats. 1957, Ch. 456. )

    Verify source ↗

    Salmon may be sold, but only subject to the exceptions and restrictions in this article.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Particular Varieties of Fish [8140 - 8599.4] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 4. Salmon [8210.2 - 8226] ( Article 4 enacted by Stats. 1957, Ch. 456. ) ## 8217. Salmon may be sold subject to the exceptions and restrictions contained in this article. (Enacted by Stats. 1957, Ch. 456.)
  80. 8218.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Particular Varieties of Fish [8140 - 8599.4] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 4. Salmon [8210.2 - 8226] ( Article 4 enacted by Stats. 1957, Ch. 456. )

    Verify source ↗

    It is unlawful to gaff, club, injure, or possess king or silver salmon that are under the legal size.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Particular Varieties of Fish [8140 - 8599.4] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 4. Salmon [8210.2 - 8226] ( Article 4 enacted by Stats. 1957, Ch. 456. ) ## 8218. It is unlawful to gaff, club, otherwise injure, or possess any king or silver salmon under the legal size. (Amended by Stats. 1965, Ch. 189.)
  81. 8219.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Particular Varieties of Fish [8140 - 8599.4] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 4. Salmon [8210.2 - 8226] ( Article 4 enacted by Stats. 1957, Ch. 456. )

    Verify source ↗

    Salmon may not be taken for commercial purposes in specified areas of District 6 and District 7 during specified times.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Particular Varieties of Fish [8140 - 8599.4] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 4. Salmon [8210.2 - 8226] ( Article 4 enacted by Stats. 1957, Ch. 456. ) ## 8219. 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. (Enacted by Stats. 1957, Ch. 456.)
  82. 8226.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Particular Varieties of Fish [8140 - 8599.4] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 4. Salmon [8210.2 - 8226] ( Article 4 enacted by Stats. 1957, Ch. 456. )

    Verify source ↗

    A person holding a salmon with a missing adipose fin must give the salmon’s head to the state immediately if a department agent or employee asks, and may not intentionally conceal, cull, or release that salmon into the waters.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Particular Varieties of Fish [8140 - 8599.4] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 4. Salmon [8210.2 - 8226] ( Article 4 enacted by Stats. 1957, Ch. 456. ) ## 8226. (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. (Amended by Stats. 1999, Ch. 502, Sec. 2. Effective September 27, 1999.)
  83. 8230.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Particular Varieties of Fish [8140 - 8599.4] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 4.5. Commercial Salmon Vessel Permits [8230 - 8248] ( Article 4.5 repealed and added by Stats. 1988, Ch. 1164, Sec. 2. )

    Verify source ↗

    This section says commercial salmon fishing is important to the public and explains why the state limits who may fish for salmon commercially and how many vessels may do so.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Particular Varieties of Fish [8140 - 8599.4] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 4.5. Commercial Salmon Vessel Permits [8230 - 8248] ( Article 4.5 repealed and added by Stats. 1988, Ch. 1164, Sec. 2. ) ## 8230. (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. (Repealed and added by Stats. 1988, Ch. 1164, Sec. 2.)
  84. 8231.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Particular Varieties of Fish [8140 - 8599.4] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 4.5. Commercial Salmon Vessel Permits [8230 - 8248] ( Article 4.5 repealed and added by Stats. 1988, Ch. 1164, Sec. 2. )

    Verify source ↗

    This section defines terms used in the commercial salmon vessel permit article.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Particular Varieties of Fish [8140 - 8599.4] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 4.5. Commercial Salmon Vessel Permits [8230 - 8248] ( Article 4.5 repealed and added by Stats. 1988, Ch. 1164, Sec. 2. ) ## 8231. 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. (Amended by Stats. 2019, Ch. 472, Sec. 2. (SB 262) Effective January 1, 2020.)
  85. 8232.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Particular Varieties of Fish [8140 - 8599.4] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 4.5. Commercial Salmon Vessel Permits [8230 - 8248] ( Article 4.5 repealed and added by Stats. 1988, Ch. 1164, Sec. 2. )

    Verify source ↗

    Commercially taking or possessing salmon on a vessel is unlawful unless the vessel is registered, the owner has a valid commercial salmon vessel permit, the permit is affixed next to the registration number (unless the department authorizes אחרת), and the permit remains visible.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Particular Varieties of Fish [8140 - 8599.4] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 4.5. Commercial Salmon Vessel Permits [8230 - 8248] ( Article 4.5 repealed and added by Stats. 1988, Ch. 1164, Sec. 2. ) ## 8232. 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. (Amended by Stats. 1994, Ch. 849, Sec. 35. Effective January 1, 1995.)
  86. 8232.5.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Particular Varieties of Fish [8140 - 8599.4] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 4.5. Commercial Salmon Vessel Permits [8230 - 8248] ( Article 4.5 repealed and added by Stats. 1988, Ch. 1164, Sec. 2. )

    Verify source ↗

    This section makes it unlawful to take salmon for sport purposes on a permitted vessel, subject to stated exceptions.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Particular Varieties of Fish [8140 - 8599.4] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 4.5. Commercial Salmon Vessel Permits [8230 - 8248] ( Article 4.5 repealed and added by Stats. 1988, Ch. 1164, Sec. 2. ) ## 8232.5. (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. (Amended by Stats. 1990, Ch. 1633, Sec. 2.)
  87. 8233.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Particular Varieties of Fish [8140 - 8599.4] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 4.5. Commercial Salmon Vessel Permits [8230 - 8248] ( Article 4.5 repealed and added by Stats. 1988, Ch. 1164, Sec. 2. )

    Verify source ↗

    Permits must be renewed before they expire, unless another part of the article says otherwise.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Particular Varieties of Fish [8140 - 8599.4] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 4.5. Commercial Salmon Vessel Permits [8230 - 8248] ( Article 4.5 repealed and added by Stats. 1988, Ch. 1164, Sec. 2. ) ## 8233. 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. (Amended by Stats. 1996, Ch. 870, Sec. 20. Effective January 1, 1997.)
  88. 8233.3.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Particular Varieties of Fish [8140 - 8599.4] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 4.5. Commercial Salmon Vessel Permits [8230 - 8248] ( Article 4.5 repealed and added by Stats. 1988, Ch. 1164, Sec. 2. )

    Verify source ↗

    The department must issue a permit to an eligible vessel owner when an application is made and the renewal fee is paid, unless this article says otherwise.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Particular Varieties of Fish [8140 - 8599.4] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 4.5. Commercial Salmon Vessel Permits [8230 - 8248] ( Article 4.5 repealed and added by Stats. 1988, Ch. 1164, Sec. 2. ) ## 8233.3. 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. (Amended by Stats. 1994, Ch. 849, Sec. 36. Effective January 1, 1995.)
  89. 8233.4.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Particular Varieties of Fish [8140 - 8599.4] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 4.5. Commercial Salmon Vessel Permits [8230 - 8248] ( Article 4.5 repealed and added by Stats. 1988, Ch. 1164, Sec. 2. )

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    The department must issue a permit to the owner of a registered replacement vessel if the transfer has been approved and the required fees are paid and the prior permit is surrendered.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Particular Varieties of Fish [8140 - 8599.4] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 4.5. Commercial Salmon Vessel Permits [8230 - 8248] ( Article 4.5 repealed and added by Stats. 1988, Ch. 1164, Sec. 2. ) ## 8233.4. 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. (Amended by Stats. 1994, Ch. 849, Sec. 37. Effective January 1, 1995.)
  90. 8233.5.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Particular Varieties of Fish [8140 - 8599.4] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 4.5. Commercial Salmon Vessel Permits [8230 - 8248] ( Article 4.5 repealed and added by Stats. 1988, Ch. 1164, Sec. 2. )

    Verify source ↗

    The department must update a permit holder to the new owner when a permitted vessel changes ownership, and the permit cannot be moved to another vessel except through the replacement-vessel process.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Particular Varieties of Fish [8140 - 8599.4] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 4.5. Commercial Salmon Vessel Permits [8230 - 8248] ( Article 4.5 repealed and added by Stats. 1988, Ch. 1164, Sec. 2. ) ## 8233.5. (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. (Amended by Stats. 2023, Ch. 132, Sec. 151. (AB 1760) Effective January 1, 2024.)
  91. 8233.8.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Particular Varieties of Fish [8140 - 8599.4] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 4.5. Commercial Salmon Vessel Permits [8230 - 8248] ( Article 4.5 repealed and added by Stats. 1988, Ch. 1164, Sec. 2. )

    Verify source ↗

    The department must issue a permit for a qualifying commercial salmon fishing vessel’s new entry into the fishery, unless another rule in the article says otherwise.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Particular Varieties of Fish [8140 - 8599.4] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 4.5. Commercial Salmon Vessel Permits [8230 - 8248] ( Article 4.5 repealed and added by Stats. 1988, Ch. 1164, Sec. 2. ) ## 8233.8. 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. (Amended by Stats. 1994, Ch. 849, Sec. 38. Effective January 1, 1995.)
  92. 8233.9.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Particular Varieties of Fish [8140 - 8599.4] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 4.5. Commercial Salmon Vessel Permits [8230 - 8248] ( Article 4.5 repealed and added by Stats. 1988, Ch. 1164, Sec. 2. )

    Verify source ↗

    Section 8101 does not apply to this article.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Particular Varieties of Fish [8140 - 8599.4] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 4.5. Commercial Salmon Vessel Permits [8230 - 8248] ( Article 4.5 repealed and added by Stats. 1988, Ch. 1164, Sec. 2. ) ## 8233.9. Section 8101 does not apply to this article. (Added by Stats. 1988, Ch. 1164, Sec. 2.)
  93. 8234.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Particular Varieties of Fish [8140 - 8599.4] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 4.5. Commercial Salmon Vessel Permits [8230 - 8248] ( Article 4.5 repealed and added by Stats. 1988, Ch. 1164, Sec. 2. )

    Verify source ↗

    The department may issue a commercial salmon vessel permit only after one of the listed stamp/age conditions is met.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Particular Varieties of Fish [8140 - 8599.4] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 4.5. Commercial Salmon Vessel Permits [8230 - 8248] ( Article 4.5 repealed and added by Stats. 1988, Ch. 1164, Sec. 2. ) ## 8234. (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. (Amended by Stats. 1994, Ch. 849, Sec. 39. Effective January 1, 1995.)
  94. 8235.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Particular Varieties of Fish [8140 - 8599.4] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 4.5. Commercial Salmon Vessel Permits [8230 - 8248] ( Article 4.5 repealed and added by Stats. 1988, Ch. 1164, Sec. 2. )

    Verify source ↗

    Permit renewal for a commercial salmon vessel can be requested annually by the owner or the owner’s agent, with fees paid by April 30 to avoid a penalty.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Particular Varieties of Fish [8140 - 8599.4] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 4.5. Commercial Salmon Vessel Permits [8230 - 8248] ( Article 4.5 repealed and added by Stats. 1988, Ch. 1164, Sec. 2. ) ## 8235. (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. (Amended by Stats. 2008, Ch. 179, Sec. 77. Effective January 1, 2009.)
  95. 8236.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Particular Varieties of Fish [8140 - 8599.4] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 4.5. Commercial Salmon Vessel Permits [8230 - 8248] ( Article 4.5 repealed and added by Stats. 1988, Ch. 1164, Sec. 2. )

    Verify source ↗

    The department must mail renewal notices and applications to currently permitted vessel owners, send copies to relevant associations, provide blank applications at department offices, and include renewal instructions and related Section 8235 information in the notice.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Particular Varieties of Fish [8140 - 8599.4] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 4.5. Commercial Salmon Vessel Permits [8230 - 8248] ( Article 4.5 repealed and added by Stats. 1988, Ch. 1164, Sec. 2. ) ## 8236. (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. (Repealed and added by Stats. 1988, Ch. 1164, Sec. 2.)
  96. 8238.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Particular Varieties of Fish [8140 - 8599.4] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 4.5. Commercial Salmon Vessel Permits [8230 - 8248] ( Article 4.5 repealed and added by Stats. 1988, Ch. 1164, Sec. 2. )

    Verify source ↗

    The department must create a vessel classification system for new original commercial salmon permits and, for permit transfers to a replacement vessel, calculate fishing potential using vessel dimensions and approved survey or Coast Guard documentation.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Particular Varieties of Fish [8140 - 8599.4] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 4.5. Commercial Salmon Vessel Permits [8230 - 8248] ( Article 4.5 repealed and added by Stats. 1988, Ch. 1164, Sec. 2. ) ## 8238. (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. (Amended by Stats. 2019, Ch. 472, Sec. 4. (SB 262) Effective January 1, 2020.)
  97. 8238.1.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Particular Varieties of Fish [8140 - 8599.4] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 4.5. Commercial Salmon Vessel Permits [8230 - 8248] ( Article 4.5 repealed and added by Stats. 1988, Ch. 1164, Sec. 2. )

    Verify source ↗

    The department must use the vessel classification system when issuing new original vessel permits under Section 8243.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Particular Varieties of Fish [8140 - 8599.4] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 4.5. Commercial Salmon Vessel Permits [8230 - 8248] ( Article 4.5 repealed and added by Stats. 1988, Ch. 1164, Sec. 2. ) ## 8238.1. The vessel classification system shall be used by the department for issuance of new original vessel permits pursuant to Section 8243. (Amended by Stats. 2019, Ch. 472, Sec. 5. (SB 262) Effective January 1, 2020.)
  98. 8239.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Particular Varieties of Fish [8140 - 8599.4] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 4.5. Commercial Salmon Vessel Permits [8230 - 8248] ( Article 4.5 repealed and added by Stats. 1988, Ch. 1164, Sec. 2. )

    Verify source ↗

    A transfer and replacement-vessel permit may be approved only if the vessel owner meets the listed application, fee, proof, survey, certification, timing, and authority requirements.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Particular Varieties of Fish [8140 - 8599.4] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 4.5. Commercial Salmon Vessel Permits [8230 - 8248] ( Article 4.5 repealed and added by Stats. 1988, Ch. 1164, Sec. 2. ) ## 8239. 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. (Amended by Stats. 2019, Ch. 472, Sec. 6. (SB 262) Effective January 1, 2020.)
  99. 8239.1.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Particular Varieties of Fish [8140 - 8599.4] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 4.5. Commercial Salmon Vessel Permits [8230 - 8248] ( Article 4.5 repealed and added by Stats. 1988, Ch. 1164, Sec. 2. )

    Verify source ↗

    The department must accept certain vessel-permit transfer applications within two years after a permitted vessel is lost, stolen, or destroyed, and only the original permittee may apply.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Particular Varieties of Fish [8140 - 8599.4] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 4.5. Commercial Salmon Vessel Permits [8230 - 8248] ( Article 4.5 repealed and added by Stats. 1988, Ch. 1164, Sec. 2. ) ## 8239.1. 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. (Amended by Stats. 2019, Ch. 472, Sec. 7. (SB 262) Effective January 1, 2020.)
  100. 8239.6.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Particular Varieties of Fish [8140 - 8599.4] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 4.5. Commercial Salmon Vessel Permits [8230 - 8248] ( Article 4.5 repealed and added by Stats. 1988, Ch. 1164, Sec. 2. )

    Verify source ↗

    A replacement-vessel permit is valid for the rest of the permit year, and it only authorizes use of the replacement vessel during that period.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Particular Varieties of Fish [8140 - 8599.4] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 4.5. Commercial Salmon Vessel Permits [8230 - 8248] ( Article 4.5 repealed and added by Stats. 1988, Ch. 1164, Sec. 2. ) ## 8239.6. 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. (Added by Stats. 1988, Ch. 1164, Sec. 2.)
  101. 8240.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Particular Varieties of Fish [8140 - 8599.4] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 4.5. Commercial Salmon Vessel Permits [8230 - 8248] ( Article 4.5 repealed and added by Stats. 1988, Ch. 1164, Sec. 2. )

    Verify source ↗

    The department cannot issue certain replacement-vessel permits in specified fraud or nonrenewal situations, and vessel owners must renew permits before expiration even if a transfer is pending.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Particular Varieties of Fish [8140 - 8599.4] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 4.5. Commercial Salmon Vessel Permits [8230 - 8248] ( Article 4.5 repealed and added by Stats. 1988, Ch. 1164, Sec. 2. ) ## 8240. (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. (Repealed and added by Stats. 1988, Ch. 1164, Sec. 2.)
  102. 8241.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Particular Varieties of Fish [8140 - 8599.4] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 4.5. Commercial Salmon Vessel Permits [8230 - 8248] ( Article 4.5 repealed and added by Stats. 1988, Ch. 1164, Sec. 2. )

    Verify source ↗

    The department must issue a replacement-vessel permit if the Section 8239 conditions are met and the replacement vessel has the same or less fishing potential than the permitted vessel.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Particular Varieties of Fish [8140 - 8599.4] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 4.5. Commercial Salmon Vessel Permits [8230 - 8248] ( Article 4.5 repealed and added by Stats. 1988, Ch. 1164, Sec. 2. ) ## 8241. 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. (Amended by Stats. 2019, Ch. 472, Sec. 10. (SB 262) Effective January 1, 2020.)
  103. 8242.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Particular Varieties of Fish [8140 - 8599.4] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 4.5. Commercial Salmon Vessel Permits [8230 - 8248] ( Article 4.5 repealed and added by Stats. 1988, Ch. 1164, Sec. 2. )

    Verify source ↗

    A person trying to enter the commercial salmon fishery may get a permit either by buying a permitted vessel and notifying the department, or by applying for a new original permit from the department.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Particular Varieties of Fish [8140 - 8599.4] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 4.5. Commercial Salmon Vessel Permits [8230 - 8248] ( Article 4.5 repealed and added by Stats. 1988, Ch. 1164, Sec. 2. ) ## 8242. 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. (Added by Stats. 1988, Ch. 1164, Sec. 2.)
  104. 8243.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Particular Varieties of Fish [8140 - 8599.4] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 4.5. Commercial Salmon Vessel Permits [8230 - 8248] ( Article 4.5 repealed and added by Stats. 1988, Ch. 1164, Sec. 2. )

    Verify source ↗

    If permitted vessels drop below 2,500, the department must decide how many new original permits may be issued and for which vessel classifications.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Particular Varieties of Fish [8140 - 8599.4] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 4.5. Commercial Salmon Vessel Permits [8230 - 8248] ( Article 4.5 repealed and added by Stats. 1988, Ch. 1164, Sec. 2. ) ## 8243. (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. (Amended by Stats. 2019, Ch. 472, Sec. 11. (SB 262) Effective January 1, 2020.)
  105. 8244.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Particular Varieties of Fish [8140 - 8599.4] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 4.5. Commercial Salmon Vessel Permits [8230 - 8248] ( Article 4.5 repealed and added by Stats. 1988, Ch. 1164, Sec. 2. )

    Verify source ↗

    Applicants may seek a new commercial salmon vessel permit, but they are limited to one application per year and must file a completed application and fee by February 1 on a department form.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Particular Varieties of Fish [8140 - 8599.4] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 4.5. Commercial Salmon Vessel Permits [8230 - 8248] ( Article 4.5 repealed and added by Stats. 1988, Ch. 1164, Sec. 2. ) ## 8244. (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. (Amended by Stats. 2019, Ch. 472, Sec. 12. (SB 262) Effective January 1, 2020.)
  106. 8245.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Particular Varieties of Fish [8140 - 8599.4] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 4.5. Commercial Salmon Vessel Permits [8230 - 8248] ( Article 4.5 repealed and added by Stats. 1988, Ch. 1164, Sec. 2. )

    Verify source ↗

    The department must hold a drawing for eligible applicants and issue permits to those drawn if they pay the fees and provide required ownership information.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Particular Varieties of Fish [8140 - 8599.4] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 4.5. Commercial Salmon Vessel Permits [8230 - 8248] ( Article 4.5 repealed and added by Stats. 1988, Ch. 1164, Sec. 2. ) ## 8245. (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. (Amended by Stats. 2019, Ch. 472, Sec. 13. (SB 262) Effective January 1, 2020.)
  107. 8246.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Particular Varieties of Fish [8140 - 8599.4] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 4.5. Commercial Salmon Vessel Permits [8230 - 8248] ( Article 4.5 repealed and added by Stats. 1988, Ch. 1164, Sec. 2. )

    Verify source ↗

    The commission may settle or dismiss a suspension/revocation action for a commercial salmon fishing privilege, and may later suspend or revoke the privilege for violating a compromise agreement. If the commission orders suspension or revocation, the related permit is renewed at the next renewal date or expires under Section 8233.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Particular Varieties of Fish [8140 - 8599.4] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 4.5. Commercial Salmon Vessel Permits [8230 - 8248] ( Article 4.5 repealed and added by Stats. 1988, Ch. 1164, Sec. 2. ) ## 8246. (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. (Amended by Stats. 2023, Ch. 132, Sec. 153. (AB 1760) Effective January 1, 2024.)
  108. 8246.2.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Particular Varieties of Fish [8140 - 8599.4] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 4.5. Commercial Salmon Vessel Permits [8230 - 8248] ( Article 4.5 repealed and added by Stats. 1988, Ch. 1164, Sec. 2. )

    Verify source ↗

    The commission must adopt regulations for determining civil damages, after consulting the department. Those regulations must consider specified factors. Civil damages under Section 8246 are due within 30 days after the compromise is entered into.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Particular Varieties of Fish [8140 - 8599.4] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 4.5. Commercial Salmon Vessel Permits [8230 - 8248] ( Article 4.5 repealed and added by Stats. 1988, Ch. 1164, Sec. 2. ) ## 8246.2. (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. (Amended by Stats. 2023, Ch. 132, Sec. 154. (AB 1760) Effective January 1, 2024.)
  109. 8246.4.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Particular Varieties of Fish [8140 - 8599.4] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 4.5. Commercial Salmon Vessel Permits [8230 - 8248] ( Article 4.5 repealed and added by Stats. 1988, Ch. 1164, Sec. 2. )

    Verify source ↗

    The commission must revoke a commercial salmon vessel permit if it was obtained by fraudulent means, after notice and an opportunity for hearing.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Particular Varieties of Fish [8140 - 8599.4] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 4.5. Commercial Salmon Vessel Permits [8230 - 8248] ( Article 4.5 repealed and added by Stats. 1988, Ch. 1164, Sec. 2. ) ## 8246.4. 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. (Amended by Stats. 2019, Ch. 472, Sec. 17. (SB 262) Effective January 1, 2020.)
  110. 8246.6.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Particular Varieties of Fish [8140 - 8599.4] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 4.5. Commercial Salmon Vessel Permits [8230 - 8248] ( Article 4.5 repealed and added by Stats. 1988, Ch. 1164, Sec. 2. )

    Verify source ↗

    A person may appeal a commercial salmon fishing vessel permit revocation or permit-transfer denial to the commission by filing a written appeal within 60 days of the decision.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Particular Varieties of Fish [8140 - 8599.4] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 4.5. Commercial Salmon Vessel Permits [8230 - 8248] ( Article 4.5 repealed and added by Stats. 1988, Ch. 1164, Sec. 2. ) ## 8246.6. 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. (Amended by Stats. 1998, Ch. 525, Sec. 6. Effective January 1, 1999.)
  111. 8246.7.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Particular Varieties of Fish [8140 - 8599.4] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 4.5. Commercial Salmon Vessel Permits [8230 - 8248] ( Article 4.5 repealed and added by Stats. 1988, Ch. 1164, Sec. 2. )

    Verify source ↗

    The commission may reverse a permit revocation, renew a permit, or approve a permit transfer only if it finds one of the listed grounds.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Particular Varieties of Fish [8140 - 8599.4] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 4.5. Commercial Salmon Vessel Permits [8230 - 8248] ( Article 4.5 repealed and added by Stats. 1988, Ch. 1164, Sec. 2. ) ## 8246.7. (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. (Amended by Stats. 2019, Ch. 472, Sec. 18. (SB 262) Effective January 1, 2020.)
  112. 8246.8.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Particular Varieties of Fish [8140 - 8599.4] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 4.5. Commercial Salmon Vessel Permits [8230 - 8248] ( Article 4.5 repealed and added by Stats. 1988, Ch. 1164, Sec. 2. )

    Verify source ↗

    The commission and the department may make and enforce regulations needed or convenient to carry out powers, authority, or jurisdiction delegated under this article.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Particular Varieties of Fish [8140 - 8599.4] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 4.5. Commercial Salmon Vessel Permits [8230 - 8248] ( Article 4.5 repealed and added by Stats. 1988, Ch. 1164, Sec. 2. ) ## 8246.8. 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. (Added by Stats. 1988, Ch. 1164, Sec. 2.)
  113. 8248.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Particular Varieties of Fish [8140 - 8599.4] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 4.5. Commercial Salmon Vessel Permits [8230 - 8248] ( Article 4.5 repealed and added by Stats. 1988, Ch. 1164, Sec. 2. )

    Verify source ↗

    If part of this article is held invalid, the rest of the article still applies if it can work without the invalid part.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Particular Varieties of Fish [8140 - 8599.4] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 4.5. Commercial Salmon Vessel Permits [8230 - 8248] ( Article 4.5 repealed and added by Stats. 1988, Ch. 1164, Sec. 2. ) ## 8248. 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. (Repealed and added by Stats. 1988, Ch. 1164, Sec. 2.)
  114. 8250.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Particular Varieties of Fish [8140 - 8599.4] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 5. Lobster [8250 - 8259] ( Article 5 enacted by Stats. 1957, Ch. 456. )

    Verify source ↗

    This section defines “spiny lobster” as the species Panulirus interruptus.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Particular Varieties of Fish [8140 - 8599.4] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 5. Lobster [8250 - 8259] ( Article 5 enacted by Stats. 1957, Ch. 456. ) ## 8250. As used in this code, “spiny lobster” refers to the species Panulirus interruptus. (Enacted by Stats. 1957, Ch. 456.)
  115. 8250.5.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Particular Varieties of Fish [8140 - 8599.4] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 5. Lobster [8250 - 8259] ( Article 5 enacted by Stats. 1957, Ch. 456. )

    Verify source ↗

    A person with a lobster permit may use a lobster trap to take lobster commercially, but incidental catches must be handled as specified and spiny lobsters taken by skindiving or scuba may not be sold.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Particular Varieties of Fish [8140 - 8599.4] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 5. Lobster [8250 - 8259] ( Article 5 enacted by Stats. 1957, Ch. 456. ) ## 8250.5. (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. (Amended by Stats. 2007, Ch. 285, Sec. 119. Effective January 1, 2008.)
  116. 8251.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Particular Varieties of Fish [8140 - 8599.4] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 5. Lobster [8250 - 8259] ( Article 5 enacted by Stats. 1957, Ch. 456. )

    Verify source ↗

    Spiny lobsters may be taken only during the stated season, and lobster traps may be set and baited up to 24 hours before the season opens if there is no other attempt to take or possess lobsters.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Particular Varieties of Fish [8140 - 8599.4] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 5. Lobster [8250 - 8259] ( Article 5 enacted by Stats. 1957, Ch. 456. ) ## 8251. 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. (Amended by Stats. 1961, Ch. 1315.)
  117. 8252.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Particular Varieties of Fish [8140 - 8599.4] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 5. Lobster [8250 - 8259] ( Article 5 enacted by Stats. 1957, Ch. 456. )

    Verify source ↗

    Spiny lobster under 3.25 inches may not be taken, possessed, purchased, or sold.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Particular Varieties of Fish [8140 - 8599.4] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 5. Lobster [8250 - 8259] ( Article 5 enacted by Stats. 1957, Ch. 456. ) ## 8252. 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. (Amended by Stats. 1961, Ch. 1315.)
  118. 8253.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Particular Varieties of Fish [8140 - 8599.4] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 5. Lobster [8250 - 8259] ( Article 5 enacted by Stats. 1957, Ch. 456. )

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    Spiny lobster must not be pickled, canned, or otherwise preserved, except that it may be frozen or cooked for fresh consumption.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Particular Varieties of Fish [8140 - 8599.4] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 5. Lobster [8250 - 8259] ( Article 5 enacted by Stats. 1957, Ch. 456. ) ## 8253. 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. (Enacted by Stats. 1957, Ch. 456.)
  119. 8254.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Particular Varieties of Fish [8140 - 8599.4] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 5. Lobster [8250 - 8259] ( Article 5 enacted by Stats. 1957, Ch. 456. )

    Verify source ↗

    Commercial lobster taking is allowed only with a valid, unsuspended lobster permit, and certain commercial users must also hold one.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Particular Varieties of Fish [8140 - 8599.4] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 5. Lobster [8250 - 8259] ( Article 5 enacted by Stats. 1957, Ch. 456. ) ## 8254. (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. (Amended by Stats. 2007, Ch. 328, Sec. 3. Effective January 1, 2008.)
  120. 8254.7.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Particular Varieties of Fish [8140 - 8599.4] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 5. Lobster [8250 - 8259] ( Article 5 enacted by Stats. 1957, Ch. 456. )

    Verify source ↗

    This section lets the department suspend a commercial lobster permit after certain complaints are pending, and it sets hearing and review rules for the suspension.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Particular Varieties of Fish [8140 - 8599.4] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 5. Lobster [8250 - 8259] ( Article 5 enacted by Stats. 1957, Ch. 456. ) ## 8254.7. 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. (Amended by Stats. 1986, Ch. 1244, Sec. 9.)
  121. 8257.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Particular Varieties of Fish [8140 - 8599.4] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 5. Lobster [8250 - 8259] ( Article 5 enacted by Stats. 1957, Ch. 456. )

    Verify source ↗

    The person owning or in command of a lobster boat must visibly display the permit number on both sides of the boat in specified black-on-white lettering.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Particular Varieties of Fish [8140 - 8599.4] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 5. Lobster [8250 - 8259] ( Article 5 enacted by Stats. 1957, Ch. 456. ) ## 8257. 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. (Amended by Stats. 1965, Ch. 195.)
  122. 8258.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Particular Varieties of Fish [8140 - 8599.4] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 5. Lobster [8250 - 8259] ( Article 5 enacted by Stats. 1957, Ch. 456. )

    Verify source ↗

    Lobster traps may be used to take spiny lobster in specified California fishing districts.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Particular Varieties of Fish [8140 - 8599.4] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 5. Lobster [8250 - 8259] ( Article 5 enacted by Stats. 1957, Ch. 456. ) ## 8258. 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. (Added by Stats. 1984, Ch. 1271, Sec. 3.)
  123. 8259.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Particular Varieties of Fish [8140 - 8599.4] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 5. Lobster [8250 - 8259] ( Article 5 enacted by Stats. 1957, Ch. 456. )

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    The commission may limit how many permits can be issued under this article when needed to prevent overuse or to protect the fishery.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Particular Varieties of Fish [8140 - 8599.4] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 5. Lobster [8250 - 8259] ( Article 5 enacted by Stats. 1957, Ch. 456. ) ## 8259. 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. (Added by Stats. 1986, Ch. 934, Sec. 2.)
  124. 8275.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Particular Varieties of Fish [8140 - 8599.4] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 6. Crab [8275 - 8285] ( Article 6 enacted by Stats. 1957, Ch. 456. )

    Verify source ↗

    This section defines several crab-related terms used in the article.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Particular Varieties of Fish [8140 - 8599.4] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 6. Crab [8275 - 8285] ( Article 6 enacted by Stats. 1957, Ch. 456. ) ## 8275. 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. (Amended by Stats. 1996, Ch. 870, Sec. 25. Effective January 1, 1997.)
  125. 8276.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Particular Varieties of Fish [8140 - 8599.4] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 6. Crab [8275 - 8285] ( Article 6 enacted by Stats. 1957, Ch. 456. )

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    Dungeness crab may be taken commercially only during the stated seasonal windows, and traps must be removed from state waters by the end of the season, subject to the listed exceptions.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Particular Varieties of Fish [8140 - 8599.4] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 6. Crab [8275 - 8285] ( Article 6 enacted by Stats. 1957, Ch. 456. ) ## 8276. 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. (Amended by Stats. 2018, Ch. 663, Sec. 2. (SB 1310) Effective September 21, 2018.)
  126. 8276.1.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Particular Varieties of Fish [8140 - 8599.4] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 6. Crab [8275 - 8285] ( Article 6 enacted by Stats. 1957, Ch. 456. )

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    The department must adopt regulations on marine life entanglement risk, and people generally may not take or possess Dungeness crab from closed waters or otherwise violate take restrictions.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Particular Varieties of Fish [8140 - 8599.4] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 6. Crab [8275 - 8285] ( Article 6 enacted by Stats. 1957, Ch. 456. ) ## 8276.1. (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. (Amended by Stats. 2023, Ch. 876, Sec. 12. (SB 500) Effective January 1, 2024. Repealed as of January 1, 2030, by its own provisions.)
  127. 8276.2.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Particular Varieties of Fish [8140 - 8599.4] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 6. Crab [8275 - 8285] ( Article 6 enacted by Stats. 1957, Ch. 456. )

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    This section lets the director delay or open the Dungeness crab season in Districts 6, 7, 8, and 9 based on testing results, and sets limits on how late the opening may be delayed.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Particular Varieties of Fish [8140 - 8599.4] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 6. Crab [8275 - 8285] ( Article 6 enacted by Stats. 1957, Ch. 456. ) ## 8276.2. (a) The director may order a delay in the opening of the Dungeness crab fishery after December 1 in Districts 6, 7, 8, and 9 in any year. The delay in the opening shall not be later than January 15 of any year. (b) (1) On or about November 1 of each year, the director may authorize one or more operators of commercial fishing vessels to take and land a limited number of Dungeness crab for the purpose of quality testing according to a testing program conducted by, or on behalf of, the Pacific States Marine Fisheries Commission or an entity approved by the department. (2) (A) The meat extracted from Dungeness crab tested pursuant to paragraph (1) may be sold by the entity approved by the department and revenues from that sale may be used for purposes of managing the testing program. Revenues shall be deposited in an account managed and overseen by the Pacific States Marine Fisheries Commission. (B) For purposes of the testing program, the department shall develop guidelines after consulting with representatives of the California Dungeness crab industry, which shall include California delegates to the Tri-State Dungeness Crab Commission or members of the California Dungeness Crab Task Force, or both. The guidelines shall include the following: (i) Suggested guidelines for the management of the funds received from, but not limited to, the sale of the crab meat pursuant to subparagraph (A), including the suggested guideline that funds in excess of the program costs may be donated for charitable purposes. (ii) Guidelines for the testing program. (iii) Guidelines that establish measures to track crab caught for purposes of the testing program, including, but not limited to, the guideline that all crab caught and sold for the testing program shall be canned. (c) The director shall order the opening of the Dungeness crab season in Districts 6, 7, 8, and 9 on December 1 if the quality tests authorized in subdivision (b) indicate the Dungeness crabs are not soft-shelled or low quality. The entity authorized to conduct the approved testing program may test, or cause to be tested, crabs taken for quality and soft shells pursuant to the approved testing program. If the tests are conducted on or about November 1 and result in a finding that Dungeness crabs are soft-shelled or low quality, the director shall authorize a second test to be conducted on or about November 15 pursuant to the approved testing program. If the second test results in a finding that Dungeness crabs are soft-shelled or low quality, the director may order the season opening delayed for a period of 15 days and may authorize a third test to be conducted on or about December 1. If the third test results in a finding that Dungeness crabs remain soft-shelled or of low quality, the director may order the season opening delayed for a period of an additional 15 days and authorize a fourth test to be conducted. This procedure may continue to be followed, except that tests shall not be conducted after January 15 for that season, and the season opening shall not be delayed by the director later than January 15. (d) This section shall become inoperative on April 1, 2029, and, as of January 1, 2030, is repealed, unless a later enacted statute, that becomes operative on or before January 1, 2030, deletes or extends the dates on which it becomes inoperative and is repealed. (Amended by Stats. 2018, Ch. 663, Sec. 3. (SB 1310) Effective September 21, 2018. Inoperative April 1, 2029. Repealed as of January 1, 2030, by its own provisions.)
  128. 8276.3.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Particular Varieties of Fish [8140 - 8599.4] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 6. Crab [8275 - 8285] ( Article 6 enacted by Stats. 1957, Ch. 456. )

    Verify source ↗

    If the director delays opening the Dungeness crab fishery, vessels may not take or land crab in Districts 6, 7, 8, and 9 during closures, and the opening must be preceded by a 64-hour gear setting period.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Particular Varieties of Fish [8140 - 8599.4] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 6. Crab [8275 - 8285] ( Article 6 enacted by Stats. 1957, Ch. 456. ) ## 8276.3. (a) If there is any delay ordered by the director pursuant to Section 8276.2 in the opening of the Dungeness crab fishery in Districts 6, 7, 8, and 9, a vessel shall not take or land crab within Districts 6, 7, 8, and 9 during any closure. (b) If there is any delay in the opening of the Dungeness crab season pursuant to Section 8276.2, the opening date in Districts 6, 7, 8, and 9 shall be preceded by a 64-hour gear setting period, as ordered by the director. (c) This section shall become inoperative on April 1, 2029, and, as of January 1, 2030, is repealed, unless a later enacted statute, that becomes operative on or before January 1, 2030, deletes or extends the dates on which it becomes inoperative and is repealed. (Amended by Stats. 2018, Ch. 663, Sec. 4. (SB 1310) Effective September 21, 2018. Inoperative April 1, 2029. Repealed as of January 1, 2030, by its own provisions.)
  129. 8276.4.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Particular Varieties of Fish [8140 - 8599.4] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 6. Crab [8275 - 8285] ( Article 6 enacted by Stats. 1957, Ch. 456. )

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    This section requires the Ocean Protection Council to fund a Dungeness crab task force if money is appropriated, and sets out how the task force is formed, works, and reports.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Particular Varieties of Fish [8140 - 8599.4] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 6. Crab [8275 - 8285] ( Article 6 enacted by Stats. 1957, Ch. 456. ) ## 8276.4. (a) The Ocean Protection Council shall make a grant, upon appropriation of funding by the Legislature, for the development and administration of a Dungeness crab task force. The membership of the Dungeness crab task force shall be comprised of all of the following: (1) Two nonvoting members representing the department, appointed by the department. (2) One nonvoting representative of the University of California Sea Grant, appointed by the University of California Sea Grant. (3) Seven members appointed by the Chair of the Ocean Protection Council following a public solicitation for nominations, as follows: (A) One voting and one nonvoting member representing sport fishing interests. (B) Two voting members representing crab processing interests. (C) One voting member representing commercial passenger fishing vessel interests. (D) Two nonvoting members representing nongovernmental organization interests. (4) Seventeen voting members representing commercial fishery interests, elected by licensed persons possessing valid Dungeness crab permits in their respective ports and production levels, as follows: (A) Three members from Crescent City. (B) One member from Trinidad. (C) Two members from Eureka. (D) Two members from Fort Bragg. (E) Two members from Bodega Bay. (F) Two members from San Francisco. (G) Two members from Half Moon Bay. (H) Two members from ports south of Half Moon Bay. (I) One member who has a valid California nonresident crab permit. (b) (1) Elected members in each port shall represent the following production levels: (A) For ports with one elected member, the member shall represent both the upper and lower production levels. (B) For ports with two elected members, one member shall represent the upper production level and one member shall represent the lower production level. (C) For ports with three elected members, one member shall represent the upper production level, one member shall represent the lower production level, and one member shall represent both the upper and lower production levels. (2) Upper and lower production levels shall be determined in relation to the average landing, during the five-year period before the beginning of an election cycle, of valid crab permitholders who landed a minimum of 25,000 pounds of crab during that period. (c) Elections shall be held every three years in each port, on a staggered basis across ports, in coordination with the department or the Ocean Protection Council and with support from an administrative team of the Dungeness crab task force. In an election year, all elected members in a port shall be subject to reelection. There is no limit on the number of terms that may be served by any person. (d) (1) Each member appointed pursuant to paragraph (1), (2), or (3) of subdivision (a) shall select an alternate to serve and, if applicable, vote in the member’s place in case of the member’s absence from, or disqualification from participating in, a meeting of the task force. If the position of a member appointed pursuant to one of those paragraphs becomes vacant, the alternate member shall serve until the position is filled as required pursuant to that paragraph. (2) Each elected member shall select an alternate in the same port and production level to serve and vote in the member’s place in case of the member’s absence from, or disqualification from participating in, a meeting of the task force. If the position of the member becomes vacant, the alternate shall serve and vote in the member’s place until the next election is held in the port pursuant to subdivision (c). (e) The Dungeness crab task force shall do all of the following: (1) Review and evaluate the commercial Dungeness crab management measures described in Section 8276.5, and make recommendations to the Joint Committee on Fisheries and Aquaculture, the department, and the commission, no later than January 15, 2022, and by January 15 of every third year thereafter through 2028. (2) Make recommendations by the dates specified in paragraph (1) on all of the following: the need for a permanent Dungeness crab advisory committee, the economic impact of the program described in Section 8276.5 on permitholders of different tiers and the economies of different ports, the cost of the program to the department, including enforcement costs, the viability of a buyout program for the permitholders described in subparagraph (G) of paragraph (1) of subdivision (a) of Section 8276.5, refining commercial Dungeness crab management, and the need for statutory changes to accomplish task force objectives. (3) In considering commercial Dungeness crab management options, prioritize the review of pot limit restriction options, current and future commercial fishery effort, season modifications, essential fishery information needs, and short- and long-term objectives for improved management. (f) The task force may establish subcommittees of specific user groups from the task force membership to focus on issues specific to commercial harvest or crab processing. The subcommittees shall report their recommendations, if any, to the task force. (g) The Ocean Protection Council may include in a grant funding to cover department staffing costs, as well as travel costs for task force participants as specified in paragraph (1) of subdivision (a). (h) Except as otherwise provided in Section 8276.5, a recommendation shall be forwarded to the Joint Committee on Fisheries and Aquaculture, the department, and the commission upon an affirmative vote of at least two-thirds of the voting members of the task force. (i) Eligibility to take crab in state waters and offshore for commercial purposes may be subject to restrictions, including, but not limited to, restrictions on the number of traps utilized by that person, if either of the following occurs: (1) A person holds a California Dungeness crab permit with California landings of less than 5,000 pounds between November 15, 2003, and July 15, 2008, inclusive, as reported in California landings receipts. (2) A person has purchased a Dungeness crab permit on or after July 15, 2008, from a permitholder whose California landings were less than 5,000 pounds between November 15, 2003, and July 15, 2008, inclusive, as reported in California landings receipts. (j) This section shall become inoperative on April 1, 2029, and, as of January 1, 2030, is repealed, unless a later enacted statute, that becomes operative on or before January 1, 2030, deletes or extends the dates on which it becomes inoperative and is repealed. (Amended by Stats. 2021, Ch. 757, Sec. 4. (SB 80) Effective October 9, 2021. Inoperative April 1, 2029. Repealed as of January 1, 2030, by its own provisions.)
  130. 8276.5.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Particular Varieties of Fish [8140 - 8599.4] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 6. Crab [8275 - 8285] ( Article 6 enacted by Stats. 1957, Ch. 456. )

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    The director must adopt a Dungeness crab trap-limit program for California permits, and participants must follow permit, fee, tagging, transfer, and replacement rules.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Particular Varieties of Fish [8140 - 8599.4] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 6. Crab [8275 - 8285] ( Article 6 enacted by Stats. 1957, Ch. 456. ) ## 8276.5. (a) In consultation with the Dungeness crab task force, or its appointed representatives, the director shall adopt a program, by March 31, 2013, for Dungeness crab trap limits for all California permits. Unless the director finds that there is consensus in the Dungeness crab industry that modifications to the following requirements are more desirable, with evidence of consensus, including, but not limited to, the record of the Dungeness crab task force, the program shall include all of the following requirements: (1) The program shall contain seven tiers of Dungeness crab trap limits based on California landings receipts under California permits between November 15, 2003, and July 15, 2008, as follows: (A) The 55 California permits with the highest California landings shall receive a maximum allocation of 500 trap tags. (B) The 55 California permits with the next highest California landings to those in subparagraph (A) shall receive a maximum allocation of 450 trap tags. (C) The 55 California permits with the next highest California landings to those in subparagraph (B) shall receive a maximum allocation of 400 trap tags. (D) The 55 California permits with the next highest California landings to those in subparagraph (C) shall receive a maximum allocation of 350 trap tags. (E) The 55 California permits with the next highest California landings to those in subparagraph (D) shall receive a maximum allocation of 300 trap tags. (F) The remaining California permits with the next highest California landings to those in subparagraph (E), which are not described in paragraph (1) or (2) of subdivision (i) of Section 8276.4, shall receive a maximum allocation of 250 trap tags. (G) The California permits described in paragraphs (1) and (2) of subdivision (i) of Section 8276.4 shall receive a maximum allocation of 175 trap tags. (2) Participants in the program shall meet all of the following requirements: (A) Unless a participant receives a waiver pursuant to paragraph (3), pay a biennial fee for each trap tag issued pursuant to this section to pay the pro rata share of costs of the program, including, but not limited to, informing permitholders of the program, collecting fees, acquiring and sending trap tags to permitholders, paying for a portion of enforcement costs, and monitoring the results of the program. The fee shall not exceed five dollars ($5) per trap, per two-year period. All of the trap tags allocated to each permit pursuant to subdivision (a) shall be purchased by the permitholder or the permit shall be void. (B) Purchase a biennial crab trap limit permit of not more than one thousand dollars ($1,000) per two-year period to pay for the department’s reasonable regulatory costs. (C) Not lease a crab trap tag, and transfer a tag only as part of a transaction to purchase a California permitted crab vessel. (D) A Dungeness crab trap that is fished shall contain a trap tag that is fastened to the main buoy, and an additional tag provided by the permitholder attached to the trap. The department shall mandate the information that is required to appear on both buoy and trap tags. (3) The department shall issue a participant a waiver from the biennial fee for each trap tag described in subparagraph (A) of paragraph (2) if the participant is unable to fish due to mandatory military service and the participant submits a request for a waiver to the department at the same time that the participant renews the permit issued pursuant to subparagraph (B) of paragraph (2). A participant who receives a waiver pursuant to this paragraph shall not apply to the department to fish for Dungeness crab during the first year of the waiver, but may apply to fish for Dungeness crab during the second year of the waiver if the participant pays the full cost of the biennial fee for each trap tag. The department shall not limit the number of times a participant may request a waiver. (4) Notwithstanding subparagraph (D) of paragraph (2), a vessel may transit state waters with Dungeness crab traps that are not tagged pursuant to subparagraph (D) of paragraph (2) if the traps contain either a valid Oregon or Washington trap tag, no crab species are onboard the vessel, and the traps are not deployed in state waters. (5) The department shall annually provide an accounting of all costs associated with the crab trap limit program. The department shall use excess funds collected to reduce the cost of the crab trap limit permit fee or tag fee in subsequent years of the program. (6) Permitholders may replace lost tags by application to the department and payment of a fee not to exceed the reasonable costs incurred by the department. The department may waive or reduce a fee in the case of catastrophic loss of tags. (b) (1) In addition to criminal penalties authorized by law, a violation of the requirements of the program created pursuant to this section shall be subject to the following civil penalties: (A) Conviction of a first offense shall result in a fine of not less than two hundred fifty dollars ($250) and not more than one thousand dollars ($1,000) per illegal trap or fraudulent tag. (B) Conviction of a second offense shall result in a fine of not less than five hundred dollars ($500) and not more than two thousand five hundred dollars ($2,500) per illegal trap or fraudulent tag, and the permit may be suspended for one year. (C) Conviction of a third offense shall result in a fine of not less than one thousand dollars ($1,000) and not more than five thousand dollars ($5,000) per illegal trap or fraudulent tag, and the permit may be permanently revoked. (2) The severity of a penalty within the ranges described in this subdivision shall be based on a determination whether the violation was willful or negligent and other factors. (3) The portion of monetary judgments for noncompliance that are paid to the department shall be deposited in the Dungeness Crab Account created pursuant to subdivision (e). (c) For the purposes of this section, a proposed recommendation that receives an affirmative vote of at least two-thirds of the voting members of the Dungeness crab task force may be transmitted to the director or the Legislature as a recommendation, shall be considered to be the consensus of the task force, and shall be considered to be evidence of consensus in the Dungeness crab industry. Any proposed recommendation that does not receive a vote sufficient to authorize transmittal to the director or Legislature as a recommendation shall be evidence of a lack of consensus by the Dungeness crab task force, and shall be considered to be evidence of a lack of consensus in the crab industry. (d) The director may modify the program adopted pursuant to subdivision (a), if consistent with the requirements of this section, after consultation with the Dungeness crab task force or its representatives and after the task force has had 60 days or more to review the proposed modifications and recommend any proposed changes. The director may implement the modifications earlier than 60 days after it is sent to the Dungeness crab task force for review, if recommended by the task force. (e) The Dungeness Crab Account is hereby established in the Fish and Game Preservation Fund and the fees collected pursuant to this section shall be deposited in that account. The money in the account shall be used as follows: (1) By the department, upon appropriation by the Legislature, for administering and enforcing the program. (2) In each fiscal year through the 2029 fiscal year, upon appropriation by the Legislature, of the amount remaining in the account after an allocation pursuant to paragraph (1), the sum of one hundred fifty thousand dollars ($150,000), if available, shall be allocated to the council to support the administration and facilitation of the Dungeness crab task force. (f) For purposes of meeting the necessary expenses of initial organization and operation of the program until fees may be collected, or other funding sources may be received, the department may borrow money as needed for these expenses from the council. The borrowed money shall be repaid within one year from the fees collected or other funding sources received. The council shall give high priority to providing funds or services to the department, in addition to loans, to assist in the development of the program, including, but not limited to, the costs of convening the Dungeness crab task force, environmental review, and the department’s costs of attending meetings with task force members. (g) (1) It is the intent of the Legislature that the department, the council, and the Dungeness crab task force work with the Pacific States Marine Fisheries Commission and the Tri-State Dungeness Crab Commission to resolve any issues pertaining to moving the fair start line south to the border of California and Mexico. (2) For purposes of this subdivision, the resolution of issues pertaining to the fair start line shall be limited to assessing the positive and negative implications of including District 10 in the tri-state agreement, including working with the Tri-State Dungeness Crab Commission to amend Oregon and Washington laws to include District 10 in the regular season fair start clause, and discussion of providing different rules for District 10 with regard to preseason quality testing. (h) For purposes of this section, “council” means the Ocean Protection Council established pursuant to Section 35600 of the Public Resources Code. (i) This section shall become inoperative on April 1, 2029, and, as of January 1, 2030, is repealed, unless a later enacted statute, that becomes operative on or before January 1, 2030, deletes or extends the dates on which it becomes inoperative and is repealed. (Amended by Stats. 2023, Ch. 132, Sec. 155. (AB 1760) Effective January 1, 2024. Inoperative April 1, 2029. Repealed as of January 1, 2030, by its own provisions.)
  131. 8277.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Particular Varieties of Fish [8140 - 8599.4] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 6. Crab [8275 - 8285] ( Article 6 enacted by Stats. 1957, Ch. 456. )

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    The director may extend the Dungeness crab season, but only under the stated conditions and date limits.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Particular Varieties of Fish [8140 - 8599.4] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 6. Crab [8275 - 8285] ( Article 6 enacted by Stats. 1957, Ch. 456. ) ## 8277. (a) The director may extend the Dungeness crab season in any district or part thereof. (b) Before extending the Dungeness crab season, the director shall consider written findings of the department regarding the state of the Dungeness crab resource in the district, or part thereof, which consider, but are not limited to, population and maturity. The director may extend the season only if the written findings do not conclude that the extension will damage the Dungeness crab resource. (c) The director shall not extend the Dungeness crab season past August 31 in a district, or part thereof, north of the southern boundary of Mendocino County or past July 31 in a district, or part thereof, south of Mendocino County. The director shall order closure of the season at any time during the extension period if the director determines that further fishing will damage the Dungeness crab resource. (Amended by Stats. 2006, Ch. 538, Sec. 186. Effective January 1, 2007.)
  132. 8278.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Particular Varieties of Fish [8140 - 8599.4] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 6. Crab [8275 - 8285] ( Article 6 enacted by Stats. 1957, Ch. 456. )

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    Dungeness crab under 6.25 inches broad, and female Dungeness crab, may not be taken, possessed, bought, or sold, except for a limited 1% allowance in a load or lot of crabs.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Particular Varieties of Fish [8140 - 8599.4] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 6. Crab [8275 - 8285] ( Article 6 enacted by Stats. 1957, Ch. 456. ) ## 8278. (a) Except as otherwise provided, no Dungeness crab less than six and one-quarter (61/4) inches in breadth, and no female Dungeness crab, may be taken, possessed, bought, or sold, except that not more than 1 percent in number of any load or lot of Dungeness crabs may be less than six and one-quarter (61/4) inches in breadth but not less than five and three-quarters (53/4) inches in breadth. (b) Dungeness crab shall be measured by the shortest distance through the body from edge of shell to edge of shell directly from front of points (lateral spines). (Amended by Stats. 2006, Ch. 538, Sec. 187. Effective January 1, 2007.)
  133. 8279.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Particular Varieties of Fish [8140 - 8599.4] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 6. Crab [8275 - 8285] ( Article 6 enacted by Stats. 1957, Ch. 456. )

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    Selling Dungeness crab taken from specified waters is unlawful.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Particular Varieties of Fish [8140 - 8599.4] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 6. Crab [8275 - 8285] ( Article 6 enacted by Stats. 1957, Ch. 456. ) ## 8279. It is unlawful to sell any Dungeness crab taken in any of the following waters: (a) The Eel River and its tributaries between the Pacific Ocean and the west line of Sec. 35, T. 3 N., R. 1 W., H. B. & M. (b) The Pacific Ocean within a radius of one mile from the mouth of the Eel River. (c) Humboldt Bay, including the entrance of that bay, and the Pacific Ocean within a radius of one mile from the extreme western point of the north jetty at the entrance of the bay and for a radius of one mile from the extreme western point of the south jetty at the entrance of the bay. (d) Trinidad Bay, that bay being the body of water within the area inclosed by a line running southeasterly from the westernmost point of Trinidad Head to the mouth of Luftenholtz Creek. (e) Bodega Lagoon. (Amended by Stats. 1992, Ch. 874, Sec. 2. Effective September 23, 1992.)
  134. 8279.1.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Particular Varieties of Fish [8140 - 8599.4] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 6. Crab [8275 - 8285] ( Article 6 enacted by Stats. 1957, Ch. 456. )

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    A person may not take, keep onboard, or land Dungeness crab for commercial purposes from a vessel in ocean waters for 30 days after season opening if the season was delayed there and the same vessel was used in the delayed waters before opening.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Particular Varieties of Fish [8140 - 8599.4] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 6. Crab [8275 - 8285] ( Article 6 enacted by Stats. 1957, Ch. 456. ) ## 8279.1. (a) A person shall not take, possess onboard, or land Dungeness crab for commercial purposes from a vessel in ocean waters for 30 days after the opening of those waters for the commercial Dungeness crab fishing season, if both of the following events have occurred: (1) The opening of the season has been delayed in those waters. (2) The same vessel was used to take, possess onboard, or land Dungeness crab for commercial purposes, from ocean waters outside of the delayed waters, before the opening of the delayed waters for the season. (b) For purposes of this section, a delay in the opening of ocean waters for the commercial Dungeness crab fishing season has occurred in either of the following circumstances: (1) The opening of those waters for the season has been delayed pursuant to Section 5523 or 8276.2 or the regulations adopted pursuant to Section 8276.1. (2) The opening of those waters for the season has been delayed in Oregon or Washington due to the tri-state quality testing program or by a closure to prevent a risk to human health or a risk of marine life entanglement. (c) A violation of this section does not constitute a misdemeanor. Pursuant to Section 7857, the commission shall revoke the Dungeness crab vessel permit that was issued for use on the vessel that was used in violation of this section. (d) This section shall become inoperative on April 1, 2029, and, as of January 1, 2030, is repealed, unless a later enacted statute, that becomes operative on or before January 1, 2030, deletes or extends the dates on which it becomes inoperative and is repealed. (Amended by Stats. 2021, Ch. 757, Sec. 6. (SB 80) Effective October 9, 2021. Inoperative April 1, 2029. Repealed as of January 1, 2030, by its own provisions.)
  135. 8280.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Particular Varieties of Fish [8140 - 8599.4] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 6. Crab [8275 - 8285] ( Article 6 enacted by Stats. 1957, Ch. 456. )

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    Owners of vessels in the Dungeness crab fishery must obtain and possess a permit for each vessel.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Particular Varieties of Fish [8140 - 8599.4] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 6. Crab [8275 - 8285] ( Article 6 enacted by Stats. 1957, Ch. 456. ) ## 8280. (a) The Legislature finds and declares that the Dungeness crab fishery is important to the state because it provides a valuable food product, employment for those persons engaged in the fishery, and economic benefits to the coastal communities of the state. (b) The Legislature further finds that, in order to protect the Dungeness crab fishery, it is necessary to limit the number of vessels participating in that fishery to take Dungeness crab and it may be necessary to limit the quantity and capacity of the fishing gear used on each vessel to take Dungeness crab. (c) The Legislature further finds and declares that to limit the number of vessels in the Dungeness crab fishery, it is necessary to require that the owner of each vessel participating in the fishery obtain and possess a permit for that vessel and that the initial issuance of permits shall be limited to those persons owning vessels qualifying under Section 8280.1, as that section read on August 1, 2018, or any prior version of that section. (Amended by Stats. 2018, Ch. 663, Sec. 8. (SB 1310) Effective September 21, 2018.)
  136. 8280.1.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Particular Varieties of Fish [8140 - 8599.4] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 6. Crab [8275 - 8285] ( Article 6 enacted by Stats. 1957, Ch. 456. )

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    This section limits commercial Dungeness crab fishing with traps to vessels covered by a valid Dungeness crab vessel permit, bars new original permits, and sets penalties for illegal fishing.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Particular Varieties of Fish [8140 - 8599.4] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 6. Crab [8275 - 8285] ( Article 6 enacted by Stats. 1957, Ch. 456. ) ## 8280.1. (a) A person shall not use a vessel to take, possess, or land Dungeness crab for commercial purposes using Dungeness crab traps authorized pursuant to Section 9011, unless the owner of that vessel has a Dungeness crab vessel permit for that vessel that has not been suspended or revoked. (b) A person shall not be issued a new, original Dungeness crab vessel permit. A Dungeness crab vessel permit may be issued only pursuant to a renewal or transfer of an existing permit as provided in Section 8280.2 or 8280.3. (c) A permit issued pursuant to paragraph (3) of subdivision (b) of this section, as this section read on August 1, 2018, or any prior version of that paragraph, shall become immediately null and void upon the death of the permittee. (d) In addition to criminal penalties authorized by law, a person who fishes without a Dungeness crab vessel permit, or who uses a Dungeness crab vessel permit to fish illegally on another vessel other than the permitted one, shall be subject to a fine not more than twenty thousand dollars ($20,000) and, at the discretion of the department, revocation of the person’s fishing license for a period not to exceed five years and revocation of the commercial boat registration license for a period not to exceed five years. (e) This section shall become inoperative on April 1, 2029, and, as of January 1, 2030, is repealed, unless a later enacted statute, that becomes operative on or before January 1, 2030, deletes or extends the dates on which it becomes inoperative and is repealed. (Amended by Stats. 2018, Ch. 663, Sec. 9. (SB 1310) Effective September 21, 2018. Inoperative April 1, 2029. Repealed as of January 1, 2030, by its own provisions.)
  137. 8280.2.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Particular Varieties of Fish [8140 - 8599.4] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 6. Crab [8275 - 8285] ( Article 6 enacted by Stats. 1957, Ch. 456. )

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    This section sets who can get a Dungeness crab vessel permit, limits each owner to one permit per vessel, requires annual renewal by April 30, and allows the section to end in 2029/2030 unless extended.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Particular Varieties of Fish [8140 - 8599.4] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 6. Crab [8275 - 8285] ( Article 6 enacted by Stats. 1957, Ch. 456. ) ## 8280.2. (a) The owner of a Dungeness crab vessel, for purposes of this section, may include a person with a bona fide contract for the purchase of a vessel who otherwise meets all other qualifications for a Dungeness crab vessel permit. If a contract is found to be fraudulent or written or entered into for the purposes of circumventing qualification criteria for the issuance of a permit, the applicant shall be permanently ineligible for a Dungeness crab vessel permit. (b) A Dungeness crab vessel permit shall be issued only to the person owning the vessel at the time of application for that permit. A person shall not be issued more than one permit for each vessel owned by that person and qualifying for a permit pursuant to this article. (c) A Dungeness crab vessel permit shall be issued only to the owner of a vessel taking crab by traps. A permit shall not be issued to the owner of a vessel using trawl or other nets unless the owner of that vessel qualifies for a permit pursuant to paragraph (1) of subdivision (b) of Section 8280.1, as that section read on August 1, 2018, or any prior version of that paragraph. A trawl or other net vessel authorized under this code to take Dungeness crab incidental to the taking of fish in trawl or other nets shall not be required to possess a Dungeness crab vessel permit. (d) Dungeness crab vessel permits shall not be combined or otherwise aggregated for the purpose of replacing smaller vessels in the fishery with a larger vessel, and a permit shall not be divided or otherwise separated for the purpose of replacing a vessel in the fishery with two or more smaller vessels. (e) Applications for renewal of all Dungeness crab vessel permits shall be received by the department, or, if mailed, postmarked, by April 30 of each year. In order for a vessel to retain eligibility, a permit shall be obtained each year subsequent to the initial permit year and the vessel shall be registered pursuant to Section 7881. The vessel owner shall have a valid commercial fishing license issued to that person pursuant to Section 7852 that has not been suspended or revoked. Minimum landings of Dungeness crab shall not be required annually to be eligible for a Dungeness crab vessel permit. (f) This section shall become inoperative on April 1, 2029, and, as of January 1, 2030, is repealed, unless a later enacted statute, that becomes operative on or before January 1, 2030, deletes or extends the dates on which it becomes inoperative and is repealed. (Amended by Stats. 2018, Ch. 663, Sec. 10. (SB 1310) Effective September 21, 2018. Inoperative April 1, 2029. Repealed as of January 1, 2030, by its own provisions.)
  138. 8280.3.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Particular Varieties of Fish [8140 - 8599.4] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 6. Crab [8275 - 8285] ( Article 6 enacted by Stats. 1957, Ch. 456. )

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    This section generally prohibits transferring a Dungeness crab vessel permit, but allows specified transfers between vessels if the statutory conditions are met.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Particular Varieties of Fish [8140 - 8599.4] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 6. Crab [8275 - 8285] ( Article 6 enacted by Stats. 1957, Ch. 456. ) ## 8280.3. (a) For purposes of this section, the term “length overall” means the horizontal distance between the forward-most and after-most points on the hull of a vessel. The length overall of a vessel does not include attachments fixed to the stern and bow. (b) Notwithstanding Article 9 (commencing with Section 8100) of Chapter 1 and except as provided in this section, a Dungeness crab vessel permit shall not be transferred. (c) (1) The owner of a vessel to whom a Dungeness crab vessel permit has been issued shall transfer the permit for the use of that vessel upon the sale of the vessel by the permitholder to the person purchasing the vessel, except that the permit shall not be transferred if the vessel is more than five feet longer in length overall, as determined by a licensed marine surveyor, than the baseline length on the permit. Thereafter, upon notice to the department, the person purchasing the vessel may use the vessel for the taking and landing of Dungeness crab for any and all of the unexpired portion of the permit year, and that person is eligible for a permit pursuant to this article for the use of that vessel in subsequent years. The person purchasing the vessel shall not transfer the permit for use of that vessel in the Dungeness crab fishery to another replacement vessel during the same permit year. (2) A permit described in subdivision (c) of Section 8280.1 shall not be transferred pursuant to this subdivision. (d) The owner of a vessel to whom the Dungeness crab vessel permit has been issued may transfer the permit to a replacement vessel of equivalent capacity, except as specified in this section. Thereafter, upon notice to the department and payment of the transfer fee specified in Section 8280.6, the replacement vessel may be used for the taking and landing of Dungeness crab for any and all of the unexpired portion of the permit year and that person is eligible for a permit pursuant to this article for the use of that replacement vessel in subsequent years. (e) (1) The owner of a permitted vessel may transfer the permit to a vessel of greater capacity as follows: (A) If the person the permit is to be transferred to purchased the vessel of greater capacity on or before November 15, 1995, the vessel of greater capacity may not be more than 10 feet longer in length overall than the baseline length on the permit. (B) If the person the permit is to be transferred to purchased the vessel of greater capacity after November 15, 1995, the vessel of greater capacity may not be more than five feet longer in length overall than the baseline length on the permit. (2) A permit described in subdivision (c) of Section 8280.1 shall not be transferred pursuant to this subdivision. (f) (1) The department may authorize the owner of a permitted vessel to transfer the permit to a replacement vessel that was owned by the person the permit is to be transferred to on or before April 1, 1996, that does not fish with trawl nets that is greater than five feet longer in length overall than the baseline length on the permit, if all of the following conditions are satisfied: (A) A vessel of a larger size is essential to the proposed permitholder for participation in another fishery other than a trawl net fishery. (B) The owner of the permitted vessel held a permit on or before January 1, 1995, for the fishery for which a larger vessel is needed and has participated in that fishery. (C) The permit for the vessel from which the permit is to be transferred qualified pursuant to paragraph (1) of subdivision (b) of Section 8280.1, as that section read on August 1, 2018, or any prior version of that paragraph. (D) The vessel to which the permit is to be transferred does not exceed 20 feet longer in length overall than the baseline length on the permit and the vessel to which the permit is to be transferred does not exceed 60 feet in length overall. (E) A permit was not previously transferred to the same replacement vessel. (2) A permit described in subdivision (c) of Section 8280.1 shall not be transferred pursuant to this subdivision. (g) A transfer of a permit to a larger vessel shall not be allowed more than one time. If a permit is transferred to a larger vessel, any Dungeness crab vessel permit for that permit year or any subsequent permit years for that larger vessel shall not be transferred to another larger vessel. The department shall not thereafter issue a Dungeness crab vessel permit for the use of the original vessel from which the permit was transferred, except that the original vessel may be used to take or land Dungeness crab after that transfer if its use is authorized pursuant to another Dungeness crab vessel permit subsequently transferred to that vessel pursuant to subdivision (d), (e), or (f). (h) (1) Upon the written approval of the department, the owner of a vessel to whom the Dungeness crab vessel permit has been issued, which has California Dungeness crab landings made with trap gear documented on department electronic fish tickets and which has had California Dungeness crab landings amounting to not less than 5,000 pounds cumulative for the past two Dungeness crab seasons, may temporarily transfer the permit to a replacement vessel for which use in the Dungeness crab fishery is not permitted pursuant to this article that is of equivalent size and capacity of the originally permitted vessel, no greater than 10 feet longer in length overall than the vessel from which the permit is transferred, for a period of not more than six months during the current permit year if the vessel for which the permit was issued is seriously damaged, suffers major mechanical breakdown, or is lost or destroyed, as determined by the department, upon approval of the director. The owner of the vessel shall submit proof that the department may reasonably require to establish the existence of the conditions of this paragraph. Only the permittee at the time of the loss, theft, damage, breakdown, or destruction of the vessel may apply for the transfer of the vessel permit. Proof of loss or destruction shall be documented by submission of a copy of the report filed with the United States Coast Guard or any other law enforcement or fire agency that investigated the loss. In the case of mechanical breakdown, the request shall include an estimate of the costs to repair the vessel from a marine surveyor or boat repair yard. The department shall not issue a permit for a replacement vessel pursuant to this subdivision if the permitted vessel was reported lost, stolen, mechanically broken down, destroyed, or damaged for fraudulent purposes. Upon approval by the director, the owner of a vessel granted a six-month temporary transfer under this section may be granted an additional six-month extension of the temporary transfer. (2) Notwithstanding subdivision (e) of Section 8280.2, in the event of loss or destruction of a vessel for which a Dungeness crab vessel permit was issued, or serious damage that renders the vessel inoperable, and upon written approval of the department, the owner of the vessel to whom the permit was issued may retain the permit and may transfer the permit to another vessel of equivalent size and capacity of the vessel that was lost or damaged during the period of two years after the loss or damage of the vessel for which the permit was originally issued. The owner of the lost or damaged vessel shall submit proof that the department may reasonably require to establish the loss or damage of the vessel. Only the permittee at the time of the loss, theft, damage, or destruction of the vessel may apply for the transfer of the vessel permit. Proof of loss or destruction shall be documented by submission of a copy of the report filed with the United States Coast Guard or any other law enforcement or fire agency that investigated the loss. In the case of mechanical breakdown, the request shall include an estimate of the costs to repair the vessel from a marine surveyor or boat repair yard. The department shall not issue a permit for a replacement vessel pursuant to this paragraph if the lost or damaged vessel was reported lost, stolen, destroyed, mechanically broken down, or damaged for fraudulent purposes. The department shall only transfer a permit pursuant to this paragraph if the lost or damaged vessel has a current permit and the owner of the lost or damaged vessel makes assurances in the application that any renewal of the permit that becomes due during the application processing period will be made. If the permit is not permanently transferred to another vessel within two years of the loss or damage, the permit shall become void by operation of law. (i) Upon written approval of the department, the owner of a vessel to whom the Dungeness crab vessel permit has been issued may retain that permit upon the sale of that permitted vessel for the purpose of transferring the permit to another vessel if the requirements of this section are satisfied, including the payment of transfer fees. If the permit is not transferred to a new vessel within one year of the sale of the permitted vessel, the permit shall become void by operation of law. (j) Except as provided in subdivision (c) of Section 8280.1, in the event of the death or incapacity of a permitholder, the permit shall be transferred, upon application, to the heirs or assigns, or to the working partner, of the permitholder, together with the transfer of the vessel for which the permit was issued, and the new owner may continue to operate the vessel under the permit, renew the permit, or transfer the permit upon sale of the vessel pursuant to subdivision (b). The estate of the holder of a transferable Dungeness crab vessel permit may renew that permit as provided for in statute if needed to keep it valid. The estate of the decedent may transfer that permit pursuant to these regulations no later than two years from the date of death of the permitholder as listed on the death certificate. (k) (1) For purposes of this section, the baseline length on a Dungeness crab vessel permit shall be equal to the length overall of the vessel for which the permit was originally issued, as originally documented on the permit, unless updated pursuant to paragraph (2). (2) (A) If, on or before March 31, 2020, the owner of a vessel to whom a Dungeness crab vessel permit has been issued submits to the department a survey reflecting a current length overall of the vessel that is greater than the length overall described in paragraph (1), the baseline length on the permit shall be equal to that current length overall. (B) A survey submitted pursuant to subparagraph (A) shall be conducted by a licensed marine surveyor. (l) This section shall become inoperative on April 1, 2029, and, as of January 1, 2030, is repealed, unless a later enacted statute, that becomes operative on or before January 1, 2030, deletes or extends the dates on which it becomes inoperative and is repealed. (Amended by Stats. 2023, Ch. 876, Sec. 13. (SB 500) Effective January 1, 2024. Inoperative April 1, 2029. Repealed as of January 1, 2030, by its own provisions.)
  139. 8280.4.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Particular Varieties of Fish [8140 - 8599.4] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 6. Crab [8275 - 8285] ( Article 6 enacted by Stats. 1957, Ch. 456. )

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    The commission may revoke certain commercial fishing licenses and vessel registrations if a vessel is taking or landing Dungeness crab by traps without the required Dungeness crab vessel permit.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Particular Varieties of Fish [8140 - 8599.4] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 6. Crab [8275 - 8285] ( Article 6 enacted by Stats. 1957, Ch. 456. ) ## 8280.4. (a) The commission may revoke the commercial fishing license issued pursuant to Section 7852 of any person owning a fishing vessel engaging in the taking or landing of Dungeness crab by traps for which that person has not obtained a Dungeness crab vessel permit, and the commission may revoke the registration, issued pursuant to Section 7881, for that vessel. (b) This section shall become inoperative on April 1, 2029, and, as of January 1, 2030, is repealed, unless a later enacted statute, that becomes operative on or before January 1, 2030, deletes or extends the dates on which it becomes inoperative and is repealed. (Amended by Stats. 2018, Ch. 663, Sec. 12. (SB 1310) Effective September 21, 2018. Inoperative April 1, 2029. Repealed as of January 1, 2030, by its own provisions.)
  140. 8280.6.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Particular Varieties of Fish [8140 - 8599.4] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 6. Crab [8275 - 8285] ( Article 6 enacted by Stats. 1957, Ch. 456. )

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    The department must charge specified fees for Dungeness crab vessel permits and permit transfers, and vessel owners must sign and certify transfer applications.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Particular Varieties of Fish [8140 - 8599.4] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 6. Crab [8275 - 8285] ( Article 6 enacted by Stats. 1957, Ch. 456. ) ## 8280.6. (a) The department shall charge a fee for each Dungeness crab vessel permit of two hundred dollars ($200) for a resident of California and four hundred dollars ($400) for a nonresident of California, for the reasonable regulatory costs of the department. (b) The department shall charge a nonrefundable fee of two hundred dollars ($200) for each transfer of a permit authorized pursuant to Section 8280.3, for the reasonable regulatory costs of the department. (c) A vessel owner shall sign an application for transfer and certify that the information included in the application is true to the best of his or her information and belief. (d) This section shall become inoperative on April 1, 2029, and, as of January 1, 2030, is repealed, unless a later enacted statute, that becomes operative on or before January 1, 2030, deletes or extends the dates on which it becomes inoperative and is repealed. (Amended by Stats. 2018, Ch. 663, Sec. 14. (SB 1310) Effective September 21, 2018. Inoperative April 1, 2029. Repealed as of January 1, 2030, by its own provisions.)
  141. 8280.7.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Particular Varieties of Fish [8140 - 8599.4] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 6. Crab [8275 - 8285] ( Article 6 enacted by Stats. 1957, Ch. 456. )

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    A permitted Dungeness crab vessel owner may hire an unpermitted registered vessel to help deploy crab traps, but that unpermitted vessel cannot carry trap-retrieval gear or any Dungeness crab.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Particular Varieties of Fish [8140 - 8599.4] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 6. Crab [8275 - 8285] ( Article 6 enacted by Stats. 1957, Ch. 456. ) ## 8280.7. Notwithstanding Section 8280.1, the owner of a vessel, who has a Dungeness crab vessel permit for that vessel that has not been suspended or revoked, may contract for the use of a vessel that is registered pursuant to Section 7881 and for which a Dungeness crab vessel permit has not been issued for the purpose of assisting the crew of the permitted vessel in the deployment of Dungeness crab traps. An unpermitted vessel used for the purpose of assisting in the deployment of Dungeness crab traps pursuant to this section shall not have on board any equipment for the retrieval of Dungeness crab traps and shall not have on board at any time any Dungeness crab. (Added by Stats. 1997, Ch. 186, Sec. 6. Effective January 1, 1998.)
  142. 8280.9.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Particular Varieties of Fish [8140 - 8599.4] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 6. Crab [8275 - 8285] ( Article 6 enacted by Stats. 1957, Ch. 456. )

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    Dungeness crab vessel permits are valid only in state waters and in Pacific Ocean federal waters south of the Oregon border.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Particular Varieties of Fish [8140 - 8599.4] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 6. Crab [8275 - 8285] ( Article 6 enacted by Stats. 1957, Ch. 456. ) ## 8280.9. Dungeness crab vessel permits are valid only in state waters and in the Pacific Ocean in federal waters south of the border with Oregon. (Added by Stats. 2006, Ch. 297, Sec. 4. Effective January 1, 2007.)
  143. 8281.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Particular Varieties of Fish [8140 - 8599.4] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 6. Crab [8275 - 8285] ( Article 6 enacted by Stats. 1957, Ch. 456. )

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    Crab meat and frozen crab taken during the open season may be possessed, transported, and sold at any time if commission regulations are followed, and the owner or seller must pay inspection and marking costs.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Particular Varieties of Fish [8140 - 8599.4] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 6. Crab [8275 - 8285] ( Article 6 enacted by Stats. 1957, Ch. 456. ) ## 8281. Crab meat and frozen crab taken during the open season may be possessed, transported, and sold at any time, subject to the regulations of the commission. The cost of inspection and marking, under the regulations of the commission, shall be paid by the owner or seller of the crab or crab meat. (Amended by Stats. 2015, Ch. 154, Sec. 91. (AB 1527) Effective January 1, 2016.)
  144. 8282.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Particular Varieties of Fish [8140 - 8599.4] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 6. Crab [8275 - 8285] ( Article 6 enacted by Stats. 1957, Ch. 456. )

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    Rock crab may be taken in traps statewide, except in listed districts and areas, but undersize crab cannot be taken, possessed, bought, or sold.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Particular Varieties of Fish [8140 - 8599.4] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 6. Crab [8275 - 8285] ( Article 6 enacted by Stats. 1957, Ch. 456. ) ## 8282. (a) Subject to this article and Article 1 (commencing with Section 9000) of Chapter 4, and subject to the regulation of the commission authorized under subdivision (c), rock crab may be taken in traps in any waters of the state at any time, except in Districts 9, 19A, 19B, and 21 and those portions of District 20 lying on the north and east sides of Santa Catalina Island north of Southeast Rock. Rock crab (Cancer antennarius), red crab (Cancer productus), or yellow crab (Cancer anthonyi), which is less than 41/4 inches, measured in a straight line through the body, from edge of shell to edge of shell at the widest part, shall not be taken, possessed, bought, or sold. (b) Any person taking rock crab shall carry a measuring device and shall measure any rock crab immediately upon removal from the trap. If the person determines that the rock crab is undersize, the person shall return it to the water immediately. (c) Upon the recommendation of the director regarding rock crab fishery management measures, and following a public hearing on the matter, the commission may adopt regulations to manage the rock crab resource consistent with Part 1.7 (commencing with Section 7050). (Amended by Stats. 2003, Ch. 610, Sec. 13. Effective January 1, 2004.)
  145. 8283.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Particular Varieties of Fish [8140 - 8599.4] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 6. Crab [8275 - 8285] ( Article 6 enacted by Stats. 1957, Ch. 456. )

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    Crab traps may be set and baited up to 64 hours before the Dungeness crab season opens, but only if there is no other attempt to take or possess Dungeness crab.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Particular Varieties of Fish [8140 - 8599.4] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 6. Crab [8275 - 8285] ( Article 6 enacted by Stats. 1957, Ch. 456. ) ## 8283. Crab traps may be set and baited 64 hours before the opening date of the Dungeness crab season. Crab traps may be set and baited in advance of that opening date if no other attempt is made to take or possess Dungeness crab. (Amended by Stats. 2021, Ch. 757, Sec. 8. (SB 80) Effective October 9, 2021.)
  146. 8284.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Particular Varieties of Fish [8140 - 8599.4] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 6. Crab [8275 - 8285] ( Article 6 enacted by Stats. 1957, Ch. 456. )

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    Crab traps may be used to take Dungeness crab commercially, and incidental fish catch is allowed in those traps. For rock crab traps, other incidental species generally must be released, unless Section 9011 or subdivision (c) applies.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Particular Varieties of Fish [8140 - 8599.4] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 6. Crab [8275 - 8285] ( Article 6 enacted by Stats. 1957, Ch. 456. ) ## 8284. (a) Subject to this article and Article 1 (commencing with Section 9000) of Chapter 4, crab traps, as described in Section 9011, may be used to take Dungeness crab for commercial purposes. Any fish may be taken incidentally in crab traps being used to take Dungeness crab. (b) Except as provided in Section 9011 or subdivision (c), any other species taken incidentally in a crab trap being used to take rock crab, shall be immediately released back to the water. (c) The following species may be taken incidentally in crab traps being used to take rock crab under a permit issued pursuant to Section 9001 in Districts 19 and 118.5: (1) Kellet’s whelk. (2) Octopus. (3) Crabs other than of the genus Cancer, except as provided in Section 9011. (Amended by Stats. 2009, Ch. 478, Sec. 1. (AB 825) Effective January 1, 2010.)
  147. 8285.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Particular Varieties of Fish [8140 - 8599.4] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 6. Crab [8275 - 8285] ( Article 6 enacted by Stats. 1957, Ch. 456. )

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    The director may temporarily open otherwise restricted waters for commercial Dungeness or rock crab take, but permit holders, fishers, and processors must follow monitoring, trip-separation, sale, and fish-ticket rules.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Particular Varieties of Fish [8140 - 8599.4] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 6. Crab [8275 - 8285] ( Article 6 enacted by Stats. 1957, Ch. 456. ) ## 8285. (a) The director may open waters that are otherwise restricted for the commercial take of Dungeness crab or rock crab pursuant to Section 5523 during a time period when the State Department of Public Health authorizes the manufacture, sale, delivery, holding, or offering for sale of eviscerated Dungeness crab or rock crab pursuant to Article 15 (commencing with Section 111224) of Chapter 5 of Part 5 of Division 104 of the Health and Safety Code, in accordance with the following requirements: (1) The holder of a Dungeness crab vessel permit or rock crab permit shall submit to electronic monitoring of the vessel as specified in paragraph (3) of subdivision (a) of Section 5523 while engaging in the take of Dungeness crab or rock crab to verify the locations where the Dungeness crab or rock crab is taken. (2) A person shall not take, possess onboard, or land Dungeness crab or rock crab under an evisceration order on the same trip in which crab are taken, possessed onboard, or landed from waters outside those covered by the evisceration order. (3) A person who takes Dungeness crab or rock crab is authorized to sell or provide the Dungeness crab or rock crab only to a processor licensed under Article 7 (commencing with Section 8030) of Chapter 1 and approved by the State Department of Public Health pursuant to Article 15 (commencing with Section 111224) of Chapter 5 of Part 5 of Division 104 of the Health and Safety Code. (4) When furnishing an electronic fish ticket pursuant to Section 8043, the processor shall identify on the electronic fish ticket that the Dungeness crab or rock crab received were taken from an area under an evisceration order. (b) When evisceration procedures established pursuant to Article 15 (commencing with Section 111224) of Chapter 5 of Part 5 of Division 104 of the Health and Safety Code are no longer in effect, the director shall lift any restrictions imposed pursuant to subdivision (a) in a manner that promotes a fair and orderly fishery. (c) Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code does not apply to actions taken pursuant to this section. (Amended by Stats. 2023, Ch. 876, Sec. 14. (SB 500) Effective January 1, 2024.)
  148. 83.

    ## Fish and Game Code - FGC ## DIVISION 0.5. GENERAL PROVISIONS AND DEFINITIONS [1 - 99.5] ( Division 0.5 heading added by Stats. 1998, Ch. 1052, Sec. 2. ) ## CHAPTER 1 General Definitions [1. - 89.5] ( Chapter 1 heading added by Stats. 1998, Ch. 1052, Sec. 2.5. )

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    “State” means California, except when the term is applied to other parts of the United States; in that case it also includes the District of Columbia and the territories.

    ## Fish and Game Code - FGC ## DIVISION 0.5. GENERAL PROVISIONS AND DEFINITIONS [1 - 99.5] ( Division 0.5 heading added by Stats. 1998, Ch. 1052, Sec. 2. ) ## CHAPTER 1 General Definitions [1. - 89.5] ( Chapter 1 heading added by Stats. 1998, Ch. 1052, Sec. 2.5. ) ## 83. “State” means the State of California, unless applied to the different parts of the United States. In the latter case, it includes the District of Columbia and the territories. (Enacted by Stats. 1957, Ch. 456.)
  149. 8340.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Particular Varieties of Fish [8140 - 8599.4] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 8. Clams and Other Mollusks [8340 - 8346] ( Article 8 enacted by Stats. 1957, Ch. 456. )

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    Clams may be taken only in Districts 8, 9, and 17 from September 1 to April 30; in other districts, clams may be taken at any time, subject to any other rules in this article.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Particular Varieties of Fish [8140 - 8599.4] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 8. Clams and Other Mollusks [8340 - 8346] ( Article 8 enacted by Stats. 1957, Ch. 456. ) ## 8340. Except as otherwise provided in this article, in Districts 8, 9, and 17, clams may be taken between September 1st and April 30th, and in other districts clams may be taken at any time. (Enacted by Stats. 1957, Ch. 456.)
  150. 8341.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Particular Varieties of Fish [8140 - 8599.4] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 8. Clams and Other Mollusks [8340 - 8346] ( Article 8 enacted by Stats. 1957, Ch. 456. )

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    This section sets when certain clams may be taken, limits their size and daily possession, and requires shipping documents for clams brought into the state.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Particular Varieties of Fish [8140 - 8599.4] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 8. Clams and Other Mollusks [8340 - 8346] ( Article 8 enacted by Stats. 1957, Ch. 456. ) ## 8341. All of the species of clams commonly known as littlenecks, chiones and hard-shell cockles, including thin-shelled littleneck, common littleneck, Japanese littleneck, rough-sided littleneck, smooth chione, wavy chione, and banded chione, may be taken at any time, except in the waters of Marin County, where they may be taken only between September 1st and March 31st. No such clams measuring less than one and one-half inches in greatest diameter may be taken, possessed, transported, or sold. The bag limit on such clams is 50 per day, in the aggregate. Not more than one daily bag limit of such clams may be possessed by any person during one day. Clams of the species herein designated, when legally taken outside the State and brought within the State pursuant to this code, may be possessed, transported, and sold without restrictions, except that all shipments of such clams into this State shall be accompanied by a bill of lading, or invoice, showing the species, total number or weight, and the origin of the clams. (Amended by Stats. 1963, Ch. 55.)
  151. 8342.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Particular Varieties of Fish [8140 - 8599.4] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 8. Clams and Other Mollusks [8340 - 8346] ( Article 8 enacted by Stats. 1957, Ch. 456. )

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    This section sets daily bag limits for Washington clams and gapers, and limits how many may be possessed in a day.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Particular Varieties of Fish [8140 - 8599.4] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 8. Clams and Other Mollusks [8340 - 8346] ( Article 8 enacted by Stats. 1957, Ch. 456. ) ## 8342. In Districts 11/2, 8, and 9 the bag limit on Washington clams and gapers, sometimes known as bigneck clams, is 25 in the aggregate. In all other districts the bag limit is 10 Washington clams and 10 gapers. Not more than the prescribed daily bag limit may be possessed by any person during one day, except that a market or restaurant, where clams are sold to the public, may possess any number of Washington clams and gapers legally taken. In Districts 8 and 9 the holder of a commercial fishing license who has in his possession a current daily written order for clams issued by a fish dealer or restaurant may possess any number of Washington clams and gapers legally taken up to but not exceeding the number specified in the order. (Enacted by Stats. 1957, Ch. 456.)
  152. 8343.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Particular Varieties of Fish [8140 - 8599.4] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 8. Clams and Other Mollusks [8340 - 8346] ( Article 8 enacted by Stats. 1957, Ch. 456. )

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    Northern razor clams may not be sold, except that those taken outside the state and brought into the state may be possessed, transported, and sold without restriction.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Particular Varieties of Fish [8140 - 8599.4] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 8. Clams and Other Mollusks [8340 - 8346] ( Article 8 enacted by Stats. 1957, Ch. 456. ) ## 8343. No northern razor clams (Siliqua patula) may be sold; but if taken outside the State and brought within the State, they may be possessed, transported, and sold without restriction. (Enacted by Stats. 1957, Ch. 456.)
  153. 8344.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Particular Varieties of Fish [8140 - 8599.4] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 8. Clams and Other Mollusks [8340 - 8346] ( Article 8 enacted by Stats. 1957, Ch. 456. )

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    Mussels (Mytilus californianus) may be taken only under regulations the commission prescribes.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Particular Varieties of Fish [8140 - 8599.4] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 8. Clams and Other Mollusks [8340 - 8346] ( Article 8 enacted by Stats. 1957, Ch. 456. ) ## 8344. Mussels (Mytilus californianus) may be taken only in accordance with such regulations as the commission may prescribe. (Amended by Stats. 1970, Ch. 795.)
  154. 8345.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Particular Varieties of Fish [8140 - 8599.4] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 8. Clams and Other Mollusks [8340 - 8346] ( Article 8 enacted by Stats. 1957, Ch. 456. )

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    Most people may not sell or buy rock scallops or scallops, except cultivated scallops covered by Division 12, which may be sold or bought under commission regulations.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Particular Varieties of Fish [8140 - 8599.4] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 8. Clams and Other Mollusks [8340 - 8346] ( Article 8 enacted by Stats. 1957, Ch. 456. ) ## 8345. It is unlawful for any person to sell or purchase any rock scallops (Hinnites multirugosus) or scallops (Pecten circularis), except that scallops cultivated pursuant to Division 12 (commencing with Section 15000) which may be sold or purchased subject to regulations of the commission. (Amended by Stats. 1983, Ch. 1300, Sec. 9.)
  155. 8346.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Particular Varieties of Fish [8140 - 8599.4] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 8. Clams and Other Mollusks [8340 - 8346] ( Article 8 enacted by Stats. 1957, Ch. 456. )

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    A person may not sell or buy pismo clams taken in this State.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Particular Varieties of Fish [8140 - 8599.4] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 8. Clams and Other Mollusks [8340 - 8346] ( Article 8 enacted by Stats. 1957, Ch. 456. ) ## 8346. It is unlawful for any person to sell or purchase any pismo clams taken in this State. (Enacted by Stats. 1957, Ch. 456.)
  156. 8370.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Particular Varieties of Fish [8140 - 8599.4] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 9. Salt-water and Anadromous Fish Generally [8370 - 8403] ( Article 9 enacted by Stats. 1957, Ch. 456. )

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    Certain striped bass, salmon, and sturgeon caught in nets must be immediately released and returned to the water, and license holders may not possess them during netting operations except when releasing them.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Particular Varieties of Fish [8140 - 8599.4] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 9. Salt-water and Anadromous Fish Generally [8370 - 8403] ( Article 9 enacted by Stats. 1957, Ch. 456. ) ## 8370. (a) Any striped bass, salmon, or sturgeon, if alive, that is taken in any type of net in any district shall be immediately liberated from the net by the fishermen and immediately returned to the water without further harm. (b) Any striped bass, salmon, or sturgeon that is taken in any type of nets in any district shall be removed from the net by the fisherman and immediately returned to the water, regardless of the condition of the fish. (c) The holder of a commercial fishing license shall not have in his or her possession, except when releasing fish from the net, any striped bass, salmon, or sturgeon, whether dead or alive, at any time when conducting netting operations or when going to or from those operations. (d) Fish returned to the water in accordance with this section is not deterioration, waste, or spoilage of fish for purposes of Section 7704. (Amended by Stats. 1995, Ch. 677, Sec. 3. Effective January 1, 1996.)
  157. 8371.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Particular Varieties of Fish [8140 - 8599.4] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 9. Salt-water and Anadromous Fish Generally [8370 - 8403] ( Article 9 enacted by Stats. 1957, Ch. 456. )

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    Striped bass and salmon may be sold or offered for sale only when the listed conditions are met.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Particular Varieties of Fish [8140 - 8599.4] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 9. Salt-water and Anadromous Fish Generally [8370 - 8403] ( Article 9 enacted by Stats. 1957, Ch. 456. ) ## 8371. Striped bass and salmon may be sold or offered for sale only under the following conditions: (a) If the striped bass is taken or possessed by, and is the cultured progeny of, an aquaculturist who is registered under Section 15101, that striped bass may be sold or purchased subject to regulations of the commission. (b) If the striped bass is taken legally in another state that permits the sale of that fish and if the fish is lawfully imported under Section 2363, the striped bass may be possessed, sold, or purchased. (c) If the salmon is taken legally in another state that permits the sale of salmon, and is lawfully imported consistent with Section 2361, the salmon may be possessed, sold, or purchased. (d) If the salmon is taken in accordance with Article 4 (commencing with Section 8210.2), the salmon may be possessed, sold, or purchased. (Amended by Stats. 2015, Ch. 154, Sec. 92. (AB 1527) Effective January 1, 2016.)
  158. 8372.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Particular Varieties of Fish [8140 - 8599.4] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 9. Salt-water and Anadromous Fish Generally [8370 - 8403] ( Article 9 enacted by Stats. 1957, Ch. 456. )

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    This section bans selling, buying, or keeping certain bass in specified places, with limited import and commission-regulated sale exceptions. It also makes it unlawful to take, possess, or sell the listed fish if they are under 10.5 inches long.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Particular Varieties of Fish [8140 - 8599.4] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 9. Salt-water and Anadromous Fish Generally [8370 - 8403] ( Article 9 enacted by Stats. 1957, Ch. 456. ) ## 8372. Kelp bass, sand bass, or spotted bass, all of the genus Paralabrax, shall not be sold or purchased, or possessed in any place where fish are purchased, possessed for sale, or sold, or where food is offered or processed for sale, or in any truck, vessel, or other conveyance operated by or for a place so selling or possessing fish; except that those fish may be imported into this state pursuant to Article 1 (commencing with Section 2345) of Chapter 4 of Division 3, and may be sold under regulations as the commission may adopt. It is unlawful to take, possess, or sell any fish less than 101/2 inches in length of the species specified in this section. (Amended by Stats. 2007, Ch. 285, Sec. 121. Effective January 1, 2008.)
  159. 8373.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Particular Varieties of Fish [8140 - 8599.4] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 9. Salt-water and Anadromous Fish Generally [8370 - 8403] ( Article 9 enacted by Stats. 1957, Ch. 456. )

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    Yellowfin croaker, spotfin croaker, and California corbina may not be sold, purchased, or possessed in specified fish-sale or food-sale locations or related vehicles.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Particular Varieties of Fish [8140 - 8599.4] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 9. Salt-water and Anadromous Fish Generally [8370 - 8403] ( Article 9 enacted by Stats. 1957, Ch. 456. ) ## 8373. No yellowfin croaker, spotfin croaker, or California corbina may be sold or purchased, or possessed in any place where fish are purchased, possessed for sale, or sold, or where food is offered for sale, or in any truck or other conveyance operated by or for a place so selling or possessing fish. (Amended by Stats. 1985, Ch. 1403, Sec. 9.)
  160. 8374.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Particular Varieties of Fish [8140 - 8599.4] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 9. Salt-water and Anadromous Fish Generally [8370 - 8403] ( Article 9 enacted by Stats. 1957, Ch. 456. )

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    Yellowfin tuna and bluefin tuna may be taken at any time.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Particular Varieties of Fish [8140 - 8599.4] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 9. Salt-water and Anadromous Fish Generally [8370 - 8403] ( Article 9 enacted by Stats. 1957, Ch. 456. ) ## 8374. Yellowfin tuna and bluefin tuna may be taken at any time. (Enacted by Stats. 1957, Ch. 456.)
  161. 8375.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Particular Varieties of Fish [8140 - 8599.4] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 9. Salt-water and Anadromous Fish Generally [8370 - 8403] ( Article 9 enacted by Stats. 1957, Ch. 456. )

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    Bluefin tuna under 7.5 pounds may not be sold, purchased, or processed.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Particular Varieties of Fish [8140 - 8599.4] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 9. Salt-water and Anadromous Fish Generally [8370 - 8403] ( Article 9 enacted by Stats. 1957, Ch. 456. ) ## 8375. No bluefin tuna weighing less than 71/2 pounds may be sold, purchased, or processed. (Amended by Stats. 1976, Ch. 850.)
  162. 8376.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Particular Varieties of Fish [8140 - 8599.4] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 9. Salt-water and Anadromous Fish Generally [8370 - 8403] ( Article 9 enacted by Stats. 1957, Ch. 456. )

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    Albacore may be taken at any time.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Particular Varieties of Fish [8140 - 8599.4] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 9. Salt-water and Anadromous Fish Generally [8370 - 8403] ( Article 9 enacted by Stats. 1957, Ch. 456. ) ## 8376. Albacore may be taken at any time. (Enacted by Stats. 1957, Ch. 456.)
  163. 8377.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Particular Varieties of Fish [8140 - 8599.4] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 9. Salt-water and Anadromous Fish Generally [8370 - 8403] ( Article 9 enacted by Stats. 1957, Ch. 456. )

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    Pacific bonito under the minimum size may not be taken or possessed on a vessel for commercial purposes, except for limited net-based exceptions; incidentally taken undersized fish may be used for any purpose.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Particular Varieties of Fish [8140 - 8599.4] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 9. Salt-water and Anadromous Fish Generally [8370 - 8403] ( Article 9 enacted by Stats. 1957, Ch. 456. ) ## 8377. (a) Pacific bonito less than 24 inches fork length or five pounds in weight shall not be taken or possessed on any vessel at any time for any commercial purpose, except as follows: (1) A load of bonito taken on a vessel by the use of round haul nets may contain 18 percent or less by number of bonito smaller than the minimum size. (2) A load of fish taken on a vessel by the use of gill nets or trammel nets may contain 1,000 pounds or less of bonito smaller than the minimum size per trip. (b) Pacific bonito smaller than the minimum size, incidentally taken, may be used for any purpose. (Amended by Stats. 1987, Ch. 269, Sec. 4.)
  164. 8377.5.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Particular Varieties of Fish [8140 - 8599.4] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 9. Salt-water and Anadromous Fish Generally [8370 - 8403] ( Article 9 enacted by Stats. 1957, Ch. 456. )

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    Pacific bonito must be measured from the tip of the lower jaw to the center of the fork of the tail fin.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Particular Varieties of Fish [8140 - 8599.4] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 9. Salt-water and Anadromous Fish Generally [8370 - 8403] ( Article 9 enacted by Stats. 1957, Ch. 456. ) ## 8377.5. Pacific bonito shall be measured from the tip of the lower jaw to the center of the fork of the tail fin. (Amended by Stats. 1987, Ch. 269, Sec. 5.)
  165. 8378.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Particular Varieties of Fish [8140 - 8599.4] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 9. Salt-water and Anadromous Fish Generally [8370 - 8403] ( Article 9 enacted by Stats. 1957, Ch. 456. )

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    Skipjack may be taken at any time.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Particular Varieties of Fish [8140 - 8599.4] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 9. Salt-water and Anadromous Fish Generally [8370 - 8403] ( Article 9 enacted by Stats. 1957, Ch. 456. ) ## 8378. Skipjack may be taken at any time. (Enacted by Stats. 1957, Ch. 456.)
  166. 8380.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Particular Varieties of Fish [8140 - 8599.4] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 9. Salt-water and Anadromous Fish Generally [8370 - 8403] ( Article 9 enacted by Stats. 1957, Ch. 456. )

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    Giant seabass may not be taken, except for a narrow incidental-catch allowance and a southern-water trip limit.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Particular Varieties of Fish [8140 - 8599.4] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 9. Salt-water and Anadromous Fish Generally [8370 - 8403] ( Article 9 enacted by Stats. 1957, Ch. 456. ) ## 8380. (a) Giant seabass (Stereolepis gigas) may not be taken for any purpose, except that not more than one fish per vessel may be possessed or sold if taken incidentally in commercial fishing operations by gill or trammel net. Any fish so taken shall not be transferred to any other vessel. (b) The restrictions specified in this section shall not apply to 1,000 pounds of giant seabass per trip taken in waters lying south of the International Boundary Line between the United States and Mexico extended westerly into the Pacific Ocean. Fish taken under this provision, however, shall be limited to a maximum aggregate of 3,000 pounds per vessel in any calendar year. A current fishing permit issued by the Mexican government constitutes valid evidence that the giant seabass were taken south of the international boundary. (Amended by Stats. 1988, Ch. 308, Sec. 1.)
  167. 8381.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Particular Varieties of Fish [8140 - 8599.4] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 9. Salt-water and Anadromous Fish Generally [8370 - 8403] ( Article 9 enacted by Stats. 1957, Ch. 456. )

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    Taking grunion is unlawful except from June 1 through March 31.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Particular Varieties of Fish [8140 - 8599.4] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 9. Salt-water and Anadromous Fish Generally [8370 - 8403] ( Article 9 enacted by Stats. 1957, Ch. 456. ) ## 8381. It is unlawful to take grunion (Leuresthes tenuis) except between June 1st and March 31st. (Enacted by Stats. 1957, Ch. 456.)
  168. 8382.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Particular Varieties of Fish [8140 - 8599.4] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 9. Salt-water and Anadromous Fish Generally [8370 - 8403] ( Article 9 enacted by Stats. 1957, Ch. 456. )

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    Barracuda and yellowtail that are at least 28 inches long may be taken with hook and line at any time.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Particular Varieties of Fish [8140 - 8599.4] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 9. Salt-water and Anadromous Fish Generally [8370 - 8403] ( Article 9 enacted by Stats. 1957, Ch. 456. ) ## 8382. Barracuda and yellowtail not less than 28 inches in length may be taken with hook and line at any time. (Amended by Stats. 1992, Ch. 1370, Sec. 22. Effective October 27, 1992.)
  169. 8383.5.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Particular Varieties of Fish [8140 - 8599.4] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 9. Salt-water and Anadromous Fish Generally [8370 - 8403] ( Article 9 enacted by Stats. 1957, Ch. 456. )

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    It is unlawful to take, possess, sell, or purchase a white sea bass under 28 inches long.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Particular Varieties of Fish [8140 - 8599.4] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 9. Salt-water and Anadromous Fish Generally [8370 - 8403] ( Article 9 enacted by Stats. 1957, Ch. 456. ) ## 8383.5. It is unlawful to take, possess, sell, or purchase any white sea bass less than 28 inches in length, measured from the tip of the lower jaw to the end of the longer lobe of the tail. (Amended by Stats. 1992, Ch. 1370, Sec. 24. Effective October 27, 1992.)
  170. 8384.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Particular Varieties of Fish [8140 - 8599.4] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 9. Salt-water and Anadromous Fish Generally [8370 - 8403] ( Article 9 enacted by Stats. 1957, Ch. 456. )

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    Barracuda or yellowtail under 28 inches may not be sold or purchased. A commercial fishing license holder may possess up to five barracuda and five yellowtail per day for noncommercial use if they were taken incidentally in commercial fishing.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Particular Varieties of Fish [8140 - 8599.4] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 9. Salt-water and Anadromous Fish Generally [8370 - 8403] ( Article 9 enacted by Stats. 1957, Ch. 456. ) ## 8384. No barracuda or yellowtail less than 28 inches in length may be sold or purchased, except that not more than five barracuda and five yellowtail per day may be possessed by the holder of a commercial fishing license for noncommercial use if taken incidentally in commercial fishing. (Amended by Stats. 1992, Ch. 1370, Sec. 25. Effective October 27, 1992.)
  171. 8385.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Particular Varieties of Fish [8140 - 8599.4] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 9. Salt-water and Anadromous Fish Generally [8370 - 8403] ( Article 9 enacted by Stats. 1957, Ch. 456. )

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    A commercial fishing license holder on a hire boat carrying sport fishermen may not take or possess more than the daily sport-fishing aggregate limit for the listed fish species.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Particular Varieties of Fish [8140 - 8599.4] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 9. Salt-water and Anadromous Fish Generally [8370 - 8403] ( Article 9 enacted by Stats. 1957, Ch. 456. ) ## 8385. No person holding a commercial fishing license while on any barge or boat which for hire carries any sport fisherman may take or have in his possession in any one day more than the aggregate number of the following kinds of fish permitted in the case of sport fishing: bluefin tuna, yellowfin tuna, skipjack, yellowtail, marlin, broadbill swordfish, black seabass, albacore, barracuda, white seabass, bonito, rock bass, kelp bass, California halibut, California corbina, yellowfin croaker, and spotfin croaker. (Enacted by Stats. 1957, Ch. 456.)
  172. 8386.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Particular Varieties of Fish [8140 - 8599.4] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 9. Salt-water and Anadromous Fish Generally [8370 - 8403] ( Article 9 enacted by Stats. 1957, Ch. 456. )

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    Barracuda and yellowtail must be measured from the tip of the lower jaw to the end of the longer lobe of the tail.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Particular Varieties of Fish [8140 - 8599.4] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 9. Salt-water and Anadromous Fish Generally [8370 - 8403] ( Article 9 enacted by Stats. 1957, Ch. 456. ) ## 8386. Barracuda and yellowtail shall be measured from the tip of the lower jaw to the end of the longer lobe of the tail. (Amended by Stats. 1992, Ch. 1370, Sec. 26. Effective October 27, 1992.)
  173. 8387.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Particular Varieties of Fish [8140 - 8599.4] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 9. Salt-water and Anadromous Fish Generally [8370 - 8403] ( Article 9 enacted by Stats. 1957, Ch. 456. )

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    During May 1 to August 31, it is unlawful to possess more than the stated amounts of yellowtail on a boat, barge, or other vessel.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Particular Varieties of Fish [8140 - 8599.4] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 9. Salt-water and Anadromous Fish Generally [8370 - 8403] ( Article 9 enacted by Stats. 1957, Ch. 456. ) ## 8387. From May 1st to August 31st, inclusive, all of the following are unlawful: (a) For any one person to have in his or her possession on any boat, barge, or other vessel more than 500 pounds of yellowtail. (b) For any two or more persons to have in their possession on any boat, barge, or other vessel a combined weight of more than 500 pounds of yellowtail per person. (c) For any five or more persons to have in their possession on any boat, barge, or other vessel a combined weight of more than 2,500 pounds of yellowtail. (Amended by Stats. 2002, Ch. 573, Sec. 5. Effective January 1, 2003.)
  174. 8388.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Particular Varieties of Fish [8140 - 8599.4] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 9. Salt-water and Anadromous Fish Generally [8370 - 8403] ( Article 9 enacted by Stats. 1957, Ch. 456. )

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    Angel sharks below specified minimum sizes may not be possessed, sold, or purchased, and angel sharks taken in gill or trammel nets must be landed with fins attached and generally cannot be transferred between vessels.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Particular Varieties of Fish [8140 - 8599.4] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 9. Salt-water and Anadromous Fish Generally [8370 - 8403] ( Article 9 enacted by Stats. 1957, Ch. 456. ) ## 8388. (a) No female angel shark measuring less than 42 inches in total length or 151/4 inches in alternate length and no male angel shark measuring less than 40 inches in total length or 141/2 inches in alternate length may be possessed, sold, or purchased, except that 10 percent of the angel sharks in any load may measure not more than 1/2 inch less than the minimum sizes specified herein. (b) Angel shark total length shall be measured from the anterior end of the head to the tip of the tail while the fish is lying in a position of natural repose. When measuring total length or alternate length, the tip of the tail may be laid flat against the surface of the measuring device. Angel shark alternate length shall be measured from the point where the leading edge of the first dorsal fin meets the back to the tip of the tail. Angel sharks may be constrained from lateral movement during measurement by restraining devices approved by the department. (c) Angel sharks taken in gill or trammel nets shall be landed (brought ashore) with at least one intact pelvic fin and the tail fin attached. (d) Angel sharks taken in gill or trammel nets shall not be transferred to or from another vessel, except that angel sharks may be transferred to or from vessels with a department observer on board. An observer shall observe and make a written record of that transfer. (Amended by Stats. 1991, Ch. 873, Sec. 6. Effective October 14, 1991.)
  175. 8388.5.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Particular Varieties of Fish [8140 - 8599.4] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 9. Salt-water and Anadromous Fish Generally [8370 - 8403] ( Article 9 enacted by Stats. 1957, Ch. 456. )

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    A person may not take, possess, sell, or buy leopard sharks under 36 inches for commercial purposes.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Particular Varieties of Fish [8140 - 8599.4] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 9. Salt-water and Anadromous Fish Generally [8370 - 8403] ( Article 9 enacted by Stats. 1957, Ch. 456. ) ## 8388.5. (a) A person shall not take, possess, sell, or purchase for commercial purposes any leopard shark less than 36 inches in total length. (b) Notwithstanding subdivision (a), leopard sharks less than 36 inches in total length possessed by a person for aquarium display on or before January 1, 1994, may be retained by that person if a letter declaring that the shark was legally obtained prior to January 1, 1994, is provided to the Sacramento office of the department on or before January 1, 1995. (Added by Stats. 1993, Ch. 1100, Sec. 8. Effective January 1, 1994.)
  176. 8389.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Particular Varieties of Fish [8140 - 8599.4] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 9. Salt-water and Anadromous Fish Generally [8370 - 8403] ( Article 9 enacted by Stats. 1957, Ch. 456. )

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    Herring eggs for commercial purposes may be taken only under a revocable, nontransferable permit, and permit holders must pay a royalty of at least $50 per ton.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Particular Varieties of Fish [8140 - 8599.4] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 9. Salt-water and Anadromous Fish Generally [8370 - 8403] ( Article 9 enacted by Stats. 1957, Ch. 456. ) ## 8389. (a) Herring eggs may only be taken for commercial purposes under a revocable, nontransferable permit subject to such regulations as the commission shall prescribe. In addition to the license fees provided for in this code, every person taking herring eggs under this section shall pay a royalty, as the commission may prescribe, of not less than fifty dollars ($50) per ton of herring eggs taken. (b) Whenever necessary to prevent overutilization, to ensure efficient and economic operation of the fishery, or to otherwise carry out this article, the commission may limit the number of permits which are issued and the amount of herring eggs taken under those permits. (c) In limiting the number of permits, the commission shall take into consideration any restriction of the fishing area and the safety of others who, for purposes other than fishing, use the waters from which herring eggs are taken. (d) Every person operating under a permit issued pursuant to this section is excepted from the provisions of Chapter 6 (commencing with Section 6650) of Part 1 of Division 6 for aquatic plants taken incidental to the harvest of herring eggs. (Amended by Stats. 1988, Ch. 1009, Sec. 5.)
  177. 8391.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Particular Varieties of Fish [8140 - 8599.4] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 9. Salt-water and Anadromous Fish Generally [8370 - 8403] ( Article 9 enacted by Stats. 1957, Ch. 456. )

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    California halibut may be taken at any time.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Particular Varieties of Fish [8140 - 8599.4] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 9. Salt-water and Anadromous Fish Generally [8370 - 8403] ( Article 9 enacted by Stats. 1957, Ch. 456. ) ## 8391. California halibut (Paralichthys californicus) may be taken at any time. (Enacted by Stats. 1957, Ch. 456.)
  178. 8392.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Particular Varieties of Fish [8140 - 8599.4] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 9. Salt-water and Anadromous Fish Generally [8370 - 8403] ( Article 9 enacted by Stats. 1957, Ch. 456. )

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    California halibut under 22 inches total length may not be taken, possessed, or sold.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Particular Varieties of Fish [8140 - 8599.4] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 9. Salt-water and Anadromous Fish Generally [8370 - 8403] ( Article 9 enacted by Stats. 1957, Ch. 456. ) ## 8392. No California halibut may be taken, possessed, or sold that measures less than 22 inches in total length. Total length means the shortest distance between the tip of the jaw or snout, whichever extends farthest while the mouth is closed, and the tip of the longest lobe of the tail, measured while the halibut is lying flat in natural repose, without resort to any force other than the swinging or fanning of the tail. (Amended by Stats. 2004, Ch. 431, Sec. 14. Effective January 1, 2005.)
  179. 8393.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Particular Varieties of Fish [8140 - 8599.4] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 9. Salt-water and Anadromous Fish Generally [8370 - 8403] ( Article 9 enacted by Stats. 1957, Ch. 456. )

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    Marlin meat generally cannot be bought, sold, possessed, or transported for sale, except as allowed for certain black marlin imports processed into fish cakes.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Particular Varieties of Fish [8140 - 8599.4] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 9. Salt-water and Anadromous Fish Generally [8370 - 8403] ( Article 9 enacted by Stats. 1957, Ch. 456. ) ## 8393. (a) Except where subdivision (b) has been complied with, marlin meat, whether fresh, smoked, canned, or preserved by any means, shall not be bought or sold, or possessed or transported for the purpose of sale. (b) Notwithstanding the provisions of subdivision (a) of this section, black marlin (Makaira Indica) may be imported into this state for the purpose of processing (manufacturing) a product commonly known as fish cakes for human consumption. All black marlin (Makaira Indica) imported into this state must be in an identifiable condition and accompanied by a bill of lading, showing the name of the consignor, the consignee, and the weight or number of fish shipped. A copy of the bill of lading must be delivered to the nearest office of the department either prior to or no later than two days after receipt of the fish. No black marlin (Makaira Indica) imported into California may leave the premises of the original consignee unless written permission is received from the department, or unless processed into the form of the product commonly known as fish cakes. (Amended by Stats. 2015, Ch. 154, Sec. 93. (AB 1527) Effective January 1, 2016.)
  180. 8394.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Particular Varieties of Fish [8140 - 8599.4] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 9. Salt-water and Anadromous Fish Generally [8370 - 8403] ( Article 9 enacted by Stats. 1957, Ch. 456. )

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    Swordfish may not be taken, kept aboard a boat, or landed for commercial purposes unless there is a valid swordfish permit.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Particular Varieties of Fish [8140 - 8599.4] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 9. Salt-water and Anadromous Fish Generally [8370 - 8403] ( Article 9 enacted by Stats. 1957, Ch. 456. ) ## 8394. Swordfish shall not be taken, possessed aboard a boat, or landed by a person for commercial purposes except under a valid swordfish permit. At least one person aboard the boat shall have a swordfish permit issued to that person that has not been revoked or suspended, subject to regulations adopted by the commission. (Amended by Stats. 1996, Ch. 870, Sec. 35. Effective January 1, 1997.)
  181. 8394.5.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Particular Varieties of Fish [8140 - 8599.4] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 9. Salt-water and Anadromous Fish Generally [8370 - 8403] ( Article 9 enacted by Stats. 1957, Ch. 456. )

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    The permit fee under Section 8394 is $330, but it does not apply to certain permit holders and participants in a transition program.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Particular Varieties of Fish [8140 - 8599.4] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 9. Salt-water and Anadromous Fish Generally [8370 - 8403] ( Article 9 enacted by Stats. 1957, Ch. 456. ) ## 8394.5. The fee for the permit issued pursuant to Section 8394 is three hundred thirty dollars ($330). This permit fee does not apply to the holder of a valid drift gill net shark and swordfish permit required under Article 16 (commencing with Section 8561) or to any person who participates in the permit transition program established by the department pursuant to Section 8583. (Amended by Stats. 2018, Ch. 844, Sec. 2. (SB 1017) Effective January 1, 2019.)
  182. 8395.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Particular Varieties of Fish [8140 - 8599.4] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 9. Salt-water and Anadromous Fish Generally [8370 - 8403] ( Article 9 enacted by Stats. 1957, Ch. 456. )

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    The commission may make regulations for commercial surfperch management when recommended by the director. Surfperch take, sale, and purchase are limited by season, with special rules for shiner surfperch and for certain species south of Point Arguello.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Particular Varieties of Fish [8140 - 8599.4] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 9. Salt-water and Anadromous Fish Generally [8370 - 8403] ( Article 9 enacted by Stats. 1957, Ch. 456. ) ## 8395. (a) Upon the recommendation of the director regarding management measures for surfperch of the family Embiotocidae, the commission may adopt regulations to manage the commercial surfperch resource and fisheries consistent with Part 1.7 (commencing with Section 7050), including, but not limited to, adoption of changes to the prohibitions imposed under subdivision (b). (b) Except as may be authorized under subdivision (a), surfperch of the family Embiotocidae may be taken only between July 16th and April 30th, except shiner surfperch (Cymatogaster aggregata), which may be taken, sold, or purchased at any time. Surfperch may be sold or purchased only between July 16th and May 10th, except as may be authorized under subdivision (a). South of a line drawn east and west through Point Arguello, barred surfperch, redtail surfperch, and calico surfperch may not be taken for commercial purposes, except as may be authorized under subdivision (a). Surfperch of these three species that have been taken north of the line during the open season and shipped south of the line may be sold or purchased under those regulations that the commission may prescribe. (Amended by Stats. 2002, Ch. 573, Sec. 6. Effective January 1, 2003.)
  183. 8398.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Particular Varieties of Fish [8140 - 8599.4] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 9. Salt-water and Anadromous Fish Generally [8370 - 8403] ( Article 9 enacted by Stats. 1957, Ch. 456. )

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    It is unlawful to take fish for commercial purposes in a specified part of Tomales Bay, except for oyster taking by a person with a qualifying state water bottom lease in the lease site.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Particular Varieties of Fish [8140 - 8599.4] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 9. Salt-water and Anadromous Fish Generally [8370 - 8403] ( Article 9 enacted by Stats. 1957, Ch. 456. ) ## 8398. (a) It is unlawful to take fish for commercial purposes in that portion of Tomales Bay in District 10 between a line drawn from the most northern tip of Tomales Point northeast, 47° magnetic, to the opposite shore in the vicinity of Dillon Beach, and a line drawn west from the western tip of Tom’s Point, 252° magnetic, to the opposite eastern shore of Tomales Point. (b) This section does not apply to the taking of oysters by a person who has obtained a state water bottom lease pursuant to Chapter 5 (commencing with Section 15400) of Division 12 for the cultivation of oysters, in their lease site. (Amended by Stats. 2023, Ch. 132, Sec. 156. (AB 1760) Effective January 1, 2024.)
  184. 8399.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Particular Varieties of Fish [8140 - 8599.4] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 9. Salt-water and Anadromous Fish Generally [8370 - 8403] ( Article 9 enacted by Stats. 1957, Ch. 456. )

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    North of Point Conception, squid may be taken year-round, and the commission may set regulations on which days and times squid may be taken.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Particular Varieties of Fish [8140 - 8599.4] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 9. Salt-water and Anadromous Fish Generally [8370 - 8403] ( Article 9 enacted by Stats. 1957, Ch. 456. ) ## 8399. North of Point Conception, squid may be taken the year around; however, the commission may adopt regulations specifying the days of the week and the times of the day when squid may be taken. (Added by Stats. 1983, Ch. 131, Sec. 16.5. Effective June 27, 1983.)
  185. 8399.1.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Particular Varieties of Fish [8140 - 8599.4] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 9. Salt-water and Anadromous Fish Generally [8370 - 8403] ( Article 9 enacted by Stats. 1957, Ch. 456. )

    Verify source ↗

    In District 10, it is unlawful to attract squid with lights from a vessel or to encircle any vessel, subject to listed exceptions.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Particular Varieties of Fish [8140 - 8599.4] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 9. Salt-water and Anadromous Fish Generally [8370 - 8403] ( Article 9 enacted by Stats. 1957, Ch. 456. ) ## 8399.1. (a) In District 10, it is unlawful to engage in the following activities: (1) Attract squid by a light displayed from any vessel, except a vessel deploying nets for the take, possession, and landing of squid or from the seine skiff of the vessel deploying nets for the take, possession, and landing of squid. (2) Attract squid by a light displayed from any vessel whose primary purpose is not the deployment, or assisting in the deployment, of nets for the take, possession, and landing of squid. (3) Encircle any vessel. This paragraph does not apply to a seine skiff of a vessel that is deploying nets for the take, possession, and landing of squid, while that vessel is engaged in the taking of squid. (b) For purposes of this section, “seine skiff” means a vessel that meets all the following requirements: (1) It is not licensed by the federal government or registered by the Department of Motor Vehicles. (2) It is used to assist a larger federally-licensed or state-registered fishing vessel by assisting in the deployment and retrieval of nets and the landing of fish. (3) It travels with that larger fishing vessel at all times. (4) It is used solely at the direction of the operator of the larger fishing vessel. (5) It is owned by the owner of the larger fishing vessel. (Amended by Stats. 2023, Ch. 132, Sec. 157. (AB 1760) Effective January 1, 2024.)
  186. 8400.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Particular Varieties of Fish [8140 - 8599.4] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 9. Salt-water and Anadromous Fish Generally [8370 - 8403] ( Article 9 enacted by Stats. 1957, Ch. 456. )

    Verify source ↗

    This section limits when certain fish may be taken for commercial purposes with baitfish traps in specified districts and waters, and requires unauthorized species caught incidentally to be released immediately.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Particular Varieties of Fish [8140 - 8599.4] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 9. Salt-water and Anadromous Fish Generally [8370 - 8403] ( Article 9 enacted by Stats. 1957, Ch. 456. ) ## 8400. (a) California killifish (Fundulus parvipinnis), mudsuckers (Gillichthys mirabilis), and yellowfin gobies (Acanthogobius flavimanus) may only be taken for commercial purposes with baitfish traps in the tidewaters of Districts 31/2, 4, 41/8, 43/4, 16, 17, and 21, in the tidewaters of District 10 south of the City and County of San Francisco, in the Salton Sea, and in Imperial and Riverside Counties. (b) Shiner perch (Cymatogaster aggregata), staghorn sculpin (Leptocottus armatus), mudsuckers (Gillichthys mirabilis), and yellowfin gobies (Acanthogobius flavimanus) may only be taken for commercial purposes with baitfish traps in Districts 11, 12, and 13 and in the tidewaters of Districts 2 and 21/2. (c) Any unauthorized species taken incidentally in baitfish traps in the districts specified in subdivisions (a) and (b) shall be immediately released. (d) Baitfish traps, as described in Section 9020, may be used subject to Article 1 (commencing with Section 9000) of Chapter 4. (Amended by Stats. 1988, Ch. 1009, Sec. 7.)
  187. 8403.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Particular Varieties of Fish [8140 - 8599.4] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 9. Salt-water and Anadromous Fish Generally [8370 - 8403] ( Article 9 enacted by Stats. 1957, Ch. 456. )

    Verify source ↗

    This section allows certain fish to be taken under commission regulations and lets fin fish traps be used subject to those regulations and other listed limits.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Particular Varieties of Fish [8140 - 8599.4] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 9. Salt-water and Anadromous Fish Generally [8370 - 8403] ( Article 9 enacted by Stats. 1957, Ch. 456. ) ## 8403. (a) To the extent not in conflict with Section 8607, marine species of fin fish that are classified as groundfish may be taken under the regulations of the commission. (b) Marine species of fin fish, including, but not limited to, fin fish that are classified as groundfish, may be taken with fin fish traps, subject to Article 1 (commencing with Section 9000) of Chapter 4, under regulations of the commission. The regulations may limit the number of fin fish traps that any vessel may use, designate the areas in which the traps may be used, and prescribe other limitations on the use of fin fish traps. (c) Except as otherwise prohibited, any species may be taken in a fin fish trap. (Amended by Stats. 2023, Ch. 132, Sec. 158. (AB 1760) Effective January 1, 2024.)
  188. 8405.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Particular Varieties of Fish [8140 - 8599.4] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 9.1. Sea Cucumbers [8405 - 8405.4] ( Article 9.1 added by Stats. 1996, Ch. 585, Sec. 2. )

    Verify source ↗

    Commercial sea cucumbers generally cannot be taken, kept aboard a boat, or landed unless the person has a valid, unsuspended sea cucumber permit.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Particular Varieties of Fish [8140 - 8599.4] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 9.1. Sea Cucumbers [8405 - 8405.4] ( Article 9.1 added by Stats. 1996, Ch. 585, Sec. 2. ) ## 8405. (a) Sea cucumbers shall not be taken, possessed aboard a boat, or landed by a person for commercial purposes except under a valid sea cucumber permit issued to that person, which has not been suspended or revoked. (b) When taking sea cucumbers by diving, every diver shall have a sea cucumber diving permit issued to that person, which has not been suspended or revoked. When taken by means other than diving, at least one person aboard the boat shall have a valid sea cucumber trawl permit issued to that person, which has not been suspended or revoked. (Added by Stats. 1996, Ch. 585, Sec. 2. Effective January 1, 1997. Inoperative April 1, 2030. Repealed as of January 1, 2031, pursuant to Section 8405.4.)
  189. 8405.1.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Particular Varieties of Fish [8140 - 8599.4] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 9.1. Sea Cucumbers [8405 - 8405.4] ( Article 9.1 added by Stats. 1996, Ch. 585, Sec. 2. )

    Verify source ↗

    Sea cucumber permit applicants must choose a gear type, pay $250, and follow renewal and recordkeeping rules.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Particular Varieties of Fish [8140 - 8599.4] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 9.1. Sea Cucumbers [8405 - 8405.4] ( Article 9.1 added by Stats. 1996, Ch. 585, Sec. 2. ) ## 8405.1. (a) Applicants for a sea cucumber permit shall specify by gear type, either trawl or dive, the method in which the applicant intends to take sea cucumbers. The gear type of a sea cucumber permit, either trawl or dive, shall not be transferable. (b) The fee for a sea cucumber permit shall be two hundred fifty dollars ($250). (c) Each permittee shall complete and submit an accurate record of all sea cucumber fishing activities on forms provided by the department. (d) In order to renew a sea cucumber permit for any permit year, an applicant shall have been issued a sea cucumber permit in the immediately preceding permit year. Applications for renewal of a sea cucumber permit shall be received by the department or, if mailed, postmarked, by April 30 of the permit year. (Amended by Stats. 2004, Ch. 431, Sec. 15. Effective January 1, 2005. Inoperative April 1, 2030. Repealed as of January 1, 2031, pursuant to Section 8405.4.)
  190. 8405.2.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Particular Varieties of Fish [8140 - 8599.4] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 9.1. Sea Cucumbers [8405 - 8405.4] ( Article 9.1 added by Stats. 1996, Ch. 585, Sec. 2. )

    Verify source ↗

    Sea cucumber permits may be transferred only if the permittee and transferee meet specified eligibility rules, an application and $200 fee are submitted, and the gear type remains either trawl or dive as applicable.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Particular Varieties of Fish [8140 - 8599.4] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 9.1. Sea Cucumbers [8405 - 8405.4] ( Article 9.1 added by Stats. 1996, Ch. 585, Sec. 2. ) ## 8405.2. (a) A valid sea cucumber permit may be transferred by the permittee if the permittee has previously held a valid sea cucumber permit for any four permit years and landed at least 100 pounds of sea cucumbers in each of those permit years, as documented by electronic fish tickets with the name of the permittee shown on the receipts. (b) A valid sea cucumber permit that has not been suspended or revoked may be transferred only to a person who has a valid commercial fishing license issued pursuant to Section 7852, that has not been suspended or revoked. A sea cucumber permit shall not be transferred to a person who has had a sea cucumber permit suspended or revoked while the suspension or revocation is in effect. (c) An application for transfer of a permit shall be in the form of a notarized letter and shall be submitted to the department, with reasonable proof as the department may require to establish the qualifications of the permitholder and the person the permit is to be transferred to, accompanied by payment to the department of a nonrefundable transfer fee of two hundred dollars ($200). The transfer shall take effect on the date notice of approval of the application is given to the transferee by the department. The sea cucumber permit shall be valid for the remainder of the permit year and may be renewed in subsequent years. (d) A sea cucumber trawl permit may be transferred to a qualified person as provided in subdivisions (b) and (c) to take sea cucumbers by diving or by use of trawl nets. A sea cucumber dive permit may be transferred to a qualified person as provided in subdivisions (b) and (c) only to take sea cucumbers by diving. The transferee shall specify the gear type, either trawl or dive, that the transferee intends to use to take sea cucumbers. The gear type of the sea cucumber permit, either trawl or dive, shall not be transferable. (e) (1) Upon the death of a sea cucumber permitholder, the deceased person’s sea cucumber dive or trawl permit may be transferred by their heirs, assignees, or estate to a qualified person as provided in subdivision (b), upon payment of the fee described in subdivision (c), and in accordance with subdivisions (a) and (d). The estate of the decedent may transfer the permit pursuant to this chapter no later than two years from the date of death of the permitholder, as listed on the death certificate. (2) For purposes of a transfer under this subdivision, the heirs, assignees, or estate shall renew the permit as specified in Section 8405.1 to keep the permit valid until transferred. (Amended by Stats. 2023, Ch. 876, Sec. 15. (SB 500) Effective January 1, 2024. Inoperative April 1, 2030. Repealed as of January 1, 2031, pursuant to Section 8405.4.)
  191. 8405.3.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Particular Varieties of Fish [8140 - 8599.4] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 9.1. Sea Cucumbers [8405 - 8405.4] ( Article 9.1 added by Stats. 1996, Ch. 585, Sec. 2. )

    Verify source ↗

    The commission and department may regulate sea cucumber fishing, issue and reissue permits, revoke permits for certain convictions, and adjust permit fees up to $350.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Particular Varieties of Fish [8140 - 8599.4] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 9.1. Sea Cucumbers [8405 - 8405.4] ( Article 9.1 added by Stats. 1996, Ch. 585, Sec. 2. ) ## 8405.3. (a) The commission, upon recommendation of the department or upon its own motion and in consultation with the sea cucumber fishing industry, may adopt regulations, including provisions governing seasons, gear restrictions, hours of operation, and any other measures that it determines may reasonably be necessary to protect the sea cucumber resource and to assure a sustainable sea cucumber fishery or to enhance enforcement activities. (b) The number of sea cucumber permits issued for the April 1, 1997, to March 31, 1998, inclusive, permit year shall constitute the maximum number of permits available for all subsequent permit years for the sea cucumber fishery. The department may establish by regulation a method, if necessary, to reissue any sea cucumber permit not renewed or transferred. The permit type of a sea cucumber permit, either trawl or dive, that is reissued shall not be transferable. (c) The commission may permanently revoke the sea cucumber permit of any person convicted of the unlawful taking of any California halibut while operating pursuant to a sea cucumber permit. The commission may revoke the sea cucumber permit of any person convicted of any other violation of this code or regulation adopted pursuant thereto while operating pursuant to a sea cucumber permit. Any revocation of a permit pursuant to this subdivision shall be in addition to any action the department may take pursuant to Section 12000. (d) Subsequent to the 1997–98 permit year, the department, using existing funds, may determine the actual costs to the department of enforcing this article. The commission, upon recommendation of the department, may adjust the fee for the issuance or transfer of a permit to an amount not to exceed three hundred fifty dollars ($350), to reflect the actual cost of enforcing this article. (Added by Stats. 1996, Ch. 585, Sec. 2. Effective January 1, 1997. Inoperative April 1, 2030. Repealed as of January 1, 2031, pursuant to Section 8405.4.)
  192. 8405.4.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Particular Varieties of Fish [8140 - 8599.4] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 9.1. Sea Cucumbers [8405 - 8405.4] ( Article 9.1 added by Stats. 1996, Ch. 585, Sec. 2. )

    Verify source ↗

    This article stops being operative on April 1, 2030, and is repealed as of January 1, 2031.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Particular Varieties of Fish [8140 - 8599.4] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 9.1. Sea Cucumbers [8405 - 8405.4] ( Article 9.1 added by Stats. 1996, Ch. 585, Sec. 2. ) ## 8405.4. This article shall become inoperative on April 1, 2030, and as of January 1, 2031, is repealed. (Amended by Stats. 2019, Ch. 472, Sec. 29. (SB 262) Effective January 1, 2020. Inoperative April 1, 2030. Repealed as of January 1, 2031, by its own provisions. Note: Termination clause affects Article 9.1, commencing with Section 8405.)
  193. 8411.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Particular Varieties of Fish [8140 - 8599.4] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 9.5. Pacific Mackerel [8411 - 8412] ( Article 9.5 added by Stats. 1980, Ch. 121, Sec. 7. )

    Verify source ↗

    The department must manage the Pacific mackerel resource in line with federal fishery regulations.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Particular Varieties of Fish [8140 - 8599.4] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 9.5. Pacific Mackerel [8411 - 8412] ( Article 9.5 added by Stats. 1980, Ch. 121, Sec. 7. ) ## 8411. The department shall manage the Pacific mackerel resource in conformance with the federal fishery regulations as recommended by the Pacific Fishery Management Council and as adopted by the Secretary of Commerce. (Amended by Stats. 2000, Ch. 388, Sec. 12. Effective January 1, 2001.)
  194. 8412.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Particular Varieties of Fish [8140 - 8599.4] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 9.5. Pacific Mackerel [8411 - 8412] ( Article 9.5 added by Stats. 1980, Ch. 121, Sec. 7. )

    Verify source ↗

    Pacific mackerel may be taken only under a revocable, nontransferable permit issued by the department to boat owners or operators, and subject to department-prescribed conditions.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Particular Varieties of Fish [8140 - 8599.4] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 9.5. Pacific Mackerel [8411 - 8412] ( Article 9.5 added by Stats. 1980, Ch. 121, Sec. 7. ) ## 8412. Pacific mackerel may be taken under a revocable nontransferable permit issued by the department to boat owners or operators under conditions prescribed by the department. (Amended by Stats. 2000, Ch. 388, Sec. 13. Effective January 1, 2001.)
  195. 8420.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Particular Varieties of Fish [8140 - 8599.4] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 9.7. Market Squid [8420 - 8429.7] ( Article 9.7 added by Stats. 1997, Ch. 785, Sec. 1. )

    Verify source ↗

    The Legislature states that market squid should be managed sustainably through a fishery management plan and ongoing commission oversight.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Particular Varieties of Fish [8140 - 8599.4] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 9.7. Market Squid [8420 - 8429.7] ( Article 9.7 added by Stats. 1997, Ch. 785, Sec. 1. ) ## 8420. (a) The Legislature finds and declares that the fishery for market squid (Loligo opalescens) is the state’s largest fishery by volume, generating millions of dollars of income to the state annually from domestic and foreign sales. In addition to supporting an important commercial fishery, the market squid resource is important to the recreational fishery and is forage for other fish taken for commercial and recreational purposes, as well as for marine mammals, birds, and other marine life. The growing international market for squid and declining squid production from other parts of the world has resulted in an increased demand for California market squid, which, in turn, has led to newer, larger, and more efficient vessels entering the fishery and increased processing capacity. (b) The Legislature finds that the lack of research on market squid and the lack of annual at-sea surveys to determine the status of the resource, combined with the increased demand for, and fishing effort on, market squid could result in overfishing of the resource, damaging the resource, and financially harming those persons engaged in the taking, landing, processing, and sale of market squid. (c) The Legislature further finds that some individuals, vessels, and processing plants engaged in the market squid fishery have no other viable alternative fisheries available to them and that a decline or a loss of the market squid resource would cause economic devastation to the individuals or corporations engaged in the market squid fishery. (d) The Legislature declares that to prevent excessive fishing effort in the market squid fishery and to develop a plan for the sustainable harvest of market squid, it is necessary to adopt and implement a fishery management plan for the California market squid fishery that sustains both the squid population and the marine life that depends on squid. (e) The Legislature finds that a sustainable California market squid fishery can best be ensured through ongoing oversight and management of the fishery by the commission. With regard to the market squid fishery, the Legislature urges that any limited entry component of a fishery management plan, if necessary, should be adopted for the primary purpose of protecting the resource and not simply for the purpose of diminishing or advancing the economic interests of any particular individual or group. (Amended by Stats. 2001, Ch. 318, Sec. 1. Effective January 1, 2002.)
  196. 8424.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Particular Varieties of Fish [8140 - 8599.4] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 9.7. Market Squid [8420 - 8429.7] ( Article 9.7 added by Stats. 1997, Ch. 785, Sec. 1. )

    Verify source ↗

    A person may not buy squid from a vessel unless the buyer has the required license, uses a certified weighmaster, and operates from a permanent fixed location.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Particular Varieties of Fish [8140 - 8599.4] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 9.7. Market Squid [8420 - 8429.7] ( Article 9.7 added by Stats. 1997, Ch. 785, Sec. 1. ) ## 8424. (a) No person shall purchase squid from a vessel or vessels unless that person holds a license issued pursuant to Section 8032 or 8033, employs a certified weighmaster, and the facilities operated by the person are located on a permanent, fixed location. (b) Notwithstanding any other provision of law, this section shall not apply to the transfer at sea of squid for live bait in an amount less than 200 pounds in a calendar day. (Added by Stats. 1997, Ch. 785, Sec. 1. Effective January 1, 1998.)
  197. 8425.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Particular Varieties of Fish [8140 - 8599.4] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 9.7. Market Squid [8420 - 8429.7] ( Article 9.7 added by Stats. 1997, Ch. 785, Sec. 1. )

    Verify source ↗

    The commission must adopt a market squid fishery management plan and regulations by December 31, 2002, and manage the squid fishery under Part 1.7 starting January 1, 2002.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Particular Varieties of Fish [8140 - 8599.4] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 9.7. Market Squid [8420 - 8429.7] ( Article 9.7 added by Stats. 1997, Ch. 785, Sec. 1. ) ## 8425. (a) On or before December 31, 2002, the commission, after consideration of the report and recommendations prepared by the department pursuant to subdivision (c) of Section 8426, and, after public hearings, shall adopt a market squid fishery management plan and regulations to protect the squid resource and manage the squid fishery at a level that sustains healthy squid populations, taking into account the level of fishing effort and ecological factors, including, but not limited to, the species’ role in the marine ecosystem and oceanic conditions. The management plan shall be consistent with the requirements of Part 1.7 (commencing with Section 7050). Development of the plan shall be coordinated with the federal Coastal Pelagic Species Fishery Management Plan. (b) On and after January 1, 2002, the commission shall manage the squid fishery in accordance with the requirements of Part 1.7 (commencing with Section 7050). (Repealed and added by Stats. 2001, Ch. 318, Sec. 4. Effective January 1, 2002.)
  198. 8428.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Particular Varieties of Fish [8140 - 8599.4] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 9.7. Market Squid [8420 - 8429.7] ( Article 9.7 added by Stats. 1997, Ch. 785, Sec. 1. )

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    The commission must set certain market squid permit fees starting April 1, 2003, and then every year. The total fees collected cannot exceed the department’s and commission’s costs for managing the market squid fishery, and the money may be used only for that purpose.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Particular Varieties of Fish [8140 - 8599.4] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 9.7. Market Squid [8420 - 8429.7] ( Article 9.7 added by Stats. 1997, Ch. 785, Sec. 1. ) ## 8428. Commencing April 1, 2003, and annually thereafter, the fees for a commercial market squid vessel permit and for a commercial squid light boat owner’s permit shall be established by the commission. The total amount of fees collected pursuant to this section, including any revenue derived from any other appropriate source, as determined and allocated by the commission, shall not exceed the department’s and the commission’s costs for managing the market squid fishery pursuant to Section 8425. The fees collected pursuant to this article shall be used only for the management of the market squid fishery pursuant to Section 8425. (Repealed and added by Stats. 2001, Ch. 318, Sec. 6. Effective January 1, 2002.)
  199. 8429.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Particular Varieties of Fish [8140 - 8599.4] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 9.7. Market Squid [8420 - 8429.7] ( Article 9.7 added by Stats. 1997, Ch. 785, Sec. 1. )

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    Statements made to the department about permits under this article must be made under penalty of perjury, and the commission must revoke specified licenses if a person submits material false statements to get certain market squid permits.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Particular Varieties of Fish [8140 - 8599.4] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 9.7. Market Squid [8420 - 8429.7] ( Article 9.7 added by Stats. 1997, Ch. 785, Sec. 1. ) ## 8429. (a) Any statement made to the department, orally or in writing, relating to a permit issued under this article, shall be made under penalty of perjury. (b) The commission shall revoke the commercial fishing license, the commercial boat registration of any vessel, and, if applicable, any licenses issued pursuant to Section 8032, 8033, or 8034 that are held by any person submitting material false statements, as determined by the commission, for the purpose of obtaining a commercial market squid vessel permit or a commercial squid light boat owner’s permit. (Amended by Stats. 2023, Ch. 132, Sec. 159. (AB 1760) Effective January 1, 2024.)
  200. 8429.5.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Particular Varieties of Fish [8140 - 8599.4] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 9.7. Market Squid [8420 - 8429.7] ( Article 9.7 added by Stats. 1997, Ch. 785, Sec. 1. )

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    This section says the article does not restrict the director’s or commission’s authority under other law.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Particular Varieties of Fish [8140 - 8599.4] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 9.7. Market Squid [8420 - 8429.7] ( Article 9.7 added by Stats. 1997, Ch. 785, Sec. 1. ) ## 8429.5. Notwithstanding any other provision of law, nothing in this article shall prohibit or otherwise limit the authority of the director or the commission under any other law. (Added by Stats. 1997, Ch. 785, Sec. 1. Effective January 1, 1998.)

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