Fish and Game Code — Part 9 | FGC — United States — California law | Esheria

Fish and Game Code

Part 9 of 12 · provisions 1,601–1,800

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. 6902.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 1. GENERALLY [5500 - 6951] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 8. Salmon, Steelhead Trout, and Anadromous Fisheries Program Act [6900 - 6930] ( Chapter 8 added by Stats. 1988, Ch. 1545, Sec. 2. ) ## ARTICLE 1. Citation and Legislative Findings [6900 - 6903.5] ( Article 1 added by Stats. 1988, Ch. 1545, Sec. 2. )

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    The department must develop a plan and program aimed at increasing salmon and steelhead trout production.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 1. GENERALLY [5500 - 6951] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 8. Salmon, Steelhead Trout, and Anadromous Fisheries Program Act [6900 - 6930] ( Chapter 8 added by Stats. 1988, Ch. 1545, Sec. 2. ) ## ARTICLE 1. Citation and Legislative Findings [6900 - 6903.5] ( Article 1 added by Stats. 1988, Ch. 1545, Sec. 2. ) ## 6902. The Legislature, for purposes of this chapter, declares as follows: (a) It is the policy of the state to significantly increase the natural production of salmon and steelhead trout by the end of this century. The department shall develop a plan and a program that strives to double the current natural production of salmon and steelhead trout resources. (b) It is the policy of the state to recognize and encourage the participation of the public in privately and publicly funded mitigation, restoration, and enhancement programs in order to protect and increase naturally spawning salmon and steelhead trout resources. (c) It is the policy of the state that existing natural salmon and steelhead trout habitat shall not be diminished further without offsetting the impacts of the lost habitat. (Added by Stats. 1988, Ch. 1545, Sec. 2. Effective September 30, 1988.)
  2. 6903.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 1. GENERALLY [5500 - 6951] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 8. Salmon, Steelhead Trout, and Anadromous Fisheries Program Act [6900 - 6930] ( Chapter 8 added by Stats. 1988, Ch. 1545, Sec. 2. ) ## ARTICLE 1. Citation and Legislative Findings [6900 - 6903.5] ( Article 1 added by Stats. 1988, Ch. 1545, Sec. 2. )

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    The department must cooperate with fishing organizations, if funds and personnel are available, to site and establish nonprofit salmon release and return operations. Those organizations may receive salmon eggs and juvenile salmon, and may have priority to receive them when appropriate after habitat mitigation efforts and state hatchery needs are met.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 1. GENERALLY [5500 - 6951] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 8. Salmon, Steelhead Trout, and Anadromous Fisheries Program Act [6900 - 6930] ( Chapter 8 added by Stats. 1988, Ch. 1545, Sec. 2. ) ## ARTICLE 1. Citation and Legislative Findings [6900 - 6903.5] ( Article 1 added by Stats. 1988, Ch. 1545, Sec. 2. ) ## 6903. It is the policy of the state and the department to encourage nonprofit salmon release and return operations subject to this code operated by, or on behalf of, licensed commercial salmon fishermen for the purpose of enhancing California’s salmon populations and increasing the salmon harvest by commercial and recreational fishermen. The department shall, to the extent that funds and personnel are available, cooperate with fishing organizations in the siting and establishment of those operations to ensure the protection of natural spawning stocks of native salmon. The organizations conducting the operations may receive salmon eggs and juvenile salmon for the purposes of the operation, and, where appropriate, shall have priority to receive salmon eggs and juvenile salmon for those purposes after the needs of habitat mitigation efforts, and state hatcheries are met. (Added by Stats. 1992, Ch. 984, Sec. 1. Effective January 1, 1993.)
  3. 6903.5.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 1. GENERALLY [5500 - 6951] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 8. Salmon, Steelhead Trout, and Anadromous Fisheries Program Act [6900 - 6930] ( Chapter 8 added by Stats. 1988, Ch. 1545, Sec. 2. ) ## ARTICLE 1. Citation and Legislative Findings [6900 - 6903.5] ( Article 1 added by Stats. 1988, Ch. 1545, Sec. 2. )

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    The department must encourage nonprofit hatcheries and nonprofit artificial propagation operations and, when funds and personnel are available, cooperate with them on feasibility, siting, establishment, and technical information sharing.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 1. GENERALLY [5500 - 6951] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 8. Salmon, Steelhead Trout, and Anadromous Fisheries Program Act [6900 - 6930] ( Chapter 8 added by Stats. 1988, Ch. 1545, Sec. 2. ) ## ARTICLE 1. Citation and Legislative Findings [6900 - 6903.5] ( Article 1 added by Stats. 1988, Ch. 1545, Sec. 2. ) ## 6903.5. The department shall encourage other nonprofit hatcheries and nonprofit artificial propagation operations, operated by, or on behalf of, licensed fishermen, for the purpose of rebuilding or enhancing marine fish populations, including, but not limited to, those for Dungeness crab, sea urchin, and California halibut, consistent with the protection of these species in the wild, in order to provide sustainable marine fish populations for harvest by commercial and recreational fishermen. The department shall, to the extent funds and personnel are available, cooperate with these nonprofit hatcheries and nonprofit artificial propagation operations in determining the feasibility, siting, and establishment of those activities and sharing technical information to ensure the protection of the marine environment. (Added by Stats. 1992, Ch. 984, Sec. 2. Effective January 1, 1993.)
  4. 6910.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 1. GENERALLY [5500 - 6951] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 8. Salmon, Steelhead Trout, and Anadromous Fisheries Program Act [6900 - 6930] ( Chapter 8 added by Stats. 1988, Ch. 1545, Sec. 2. ) ## ARTICLE 2. Definitions [6910 - 6912] ( Article 2 added by Stats. 1988, Ch. 1545, Sec. 2. )

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    This article’s definitions control how this chapter is read, unless the context clearly requires a different meaning.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 1. GENERALLY [5500 - 6951] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 8. Salmon, Steelhead Trout, and Anadromous Fisheries Program Act [6900 - 6930] ( Chapter 8 added by Stats. 1988, Ch. 1545, Sec. 2. ) ## ARTICLE 2. Definitions [6910 - 6912] ( Article 2 added by Stats. 1988, Ch. 1545, Sec. 2. ) ## 6910. Unless the context clearly requires a different meaning, the definitions in this article govern the construction of this chapter. (Added by Stats. 1988, Ch. 1545, Sec. 2. Effective September 30, 1988.)
  5. 6911.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 1. GENERALLY [5500 - 6951] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 8. Salmon, Steelhead Trout, and Anadromous Fisheries Program Act [6900 - 6930] ( Chapter 8 added by Stats. 1988, Ch. 1545, Sec. 2. ) ## ARTICLE 2. Definitions [6910 - 6912] ( Article 2 added by Stats. 1988, Ch. 1545, Sec. 2. )

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    This section defines “production” for fish as survival to adulthood, measured by recreational and commercial catch and by fish returning to spawning streams.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 1. GENERALLY [5500 - 6951] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 8. Salmon, Steelhead Trout, and Anadromous Fisheries Program Act [6900 - 6930] ( Chapter 8 added by Stats. 1988, Ch. 1545, Sec. 2. ) ## ARTICLE 2. Definitions [6910 - 6912] ( Article 2 added by Stats. 1988, Ch. 1545, Sec. 2. ) ## 6911. “Production” means the survival of fish to adulthood as measured by the abundance of the recreational and commercial catch together with the return of fish to the state’s spawning streams. (Added by Stats. 1988, Ch. 1545, Sec. 2. Effective September 30, 1988.)
  6. 6912.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 1. GENERALLY [5500 - 6951] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 8. Salmon, Steelhead Trout, and Anadromous Fisheries Program Act [6900 - 6930] ( Chapter 8 added by Stats. 1988, Ch. 1545, Sec. 2. ) ## ARTICLE 2. Definitions [6910 - 6912] ( Article 2 added by Stats. 1988, Ch. 1545, Sec. 2. )

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    “Program” means the program for protecting and increasing the naturally spawning salmon and steelhead trout of the state under Article 3.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 1. GENERALLY [5500 - 6951] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 8. Salmon, Steelhead Trout, and Anadromous Fisheries Program Act [6900 - 6930] ( Chapter 8 added by Stats. 1988, Ch. 1545, Sec. 2. ) ## ARTICLE 2. Definitions [6910 - 6912] ( Article 2 added by Stats. 1988, Ch. 1545, Sec. 2. ) ## 6912. “Program” means the program for protecting and increasing the naturally spawning salmon and steelhead trout of the state provided for in Article 3 (commencing with Section 6920). (Added by Stats. 1988, Ch. 1545, Sec. 2. Effective September 30, 1988.)
  7. 6920.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 1. GENERALLY [5500 - 6951] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 8. Salmon, Steelhead Trout, and Anadromous Fisheries Program Act [6900 - 6930] ( Chapter 8 added by Stats. 1988, Ch. 1545, Sec. 2. ) ## ARTICLE 3. Salmon, Steelhead Trout, and Anadromous Fisheries Program [6920 - 6923] ( Article 3 added by Stats. 1988, Ch. 1545, Sec. 2. )

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    The department must prepare and maintain a detailed program to protect and increase salmon, steelhead trout, and anadromous fisheries, and must consult public agencies that may affect the program’s goals.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 1. GENERALLY [5500 - 6951] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 8. Salmon, Steelhead Trout, and Anadromous Fisheries Program Act [6900 - 6930] ( Chapter 8 added by Stats. 1988, Ch. 1545, Sec. 2. ) ## ARTICLE 3. Salmon, Steelhead Trout, and Anadromous Fisheries Program [6920 - 6923] ( Article 3 added by Stats. 1988, Ch. 1545, Sec. 2. ) ## 6920. (a) The department shall, with the advice of the Advisory Committee on Salmon and Steelhead Trout and the Commercial Salmon Trollers Advisory Committee, prepare and maintain a detailed and comprehensive program for the protection and increase of salmon, steelhead trout, and anadromous fisheries. (b) The department shall consult with every public agency whose policies or decisions may affect the goals of this program to determine if there are feasible means for those public agencies to help the department achieve the goals of this program. (Added by Stats. 1988, Ch. 1545, Sec. 2. Effective September 30, 1988.)
  8. 6921.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 1. GENERALLY [5500 - 6951] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 8. Salmon, Steelhead Trout, and Anadromous Fisheries Program Act [6900 - 6930] ( Chapter 8 added by Stats. 1988, Ch. 1545, Sec. 2. ) ## ARTICLE 3. Salmon, Steelhead Trout, and Anadromous Fisheries Program [6920 - 6923] ( Article 3 added by Stats. 1988, Ch. 1545, Sec. 2. )

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    The program must identify the measures the department will carry out to achieve the policies in Section 6902.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 1. GENERALLY [5500 - 6951] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 8. Salmon, Steelhead Trout, and Anadromous Fisheries Program Act [6900 - 6930] ( Chapter 8 added by Stats. 1988, Ch. 1545, Sec. 2. ) ## ARTICLE 3. Salmon, Steelhead Trout, and Anadromous Fisheries Program [6920 - 6923] ( Article 3 added by Stats. 1988, Ch. 1545, Sec. 2. ) ## 6921. The program shall identify the measures the department will carry out to achieve the policies set forth in Section 6902. (Added by Stats. 1988, Ch. 1545, Sec. 2. Effective September 30, 1988.)
  9. 6922.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 1. GENERALLY [5500 - 6951] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 8. Salmon, Steelhead Trout, and Anadromous Fisheries Program Act [6900 - 6930] ( Chapter 8 added by Stats. 1988, Ch. 1545, Sec. 2. ) ## ARTICLE 3. Salmon, Steelhead Trout, and Anadromous Fisheries Program [6920 - 6923] ( Article 3 added by Stats. 1988, Ch. 1545, Sec. 2. )

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    The program must include specified elements for identifying and improving salmon, steelhead trout, and other anadromous fisheries resources.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 1. GENERALLY [5500 - 6951] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 8. Salmon, Steelhead Trout, and Anadromous Fisheries Program Act [6900 - 6930] ( Chapter 8 added by Stats. 1988, Ch. 1545, Sec. 2. ) ## ARTICLE 3. Salmon, Steelhead Trout, and Anadromous Fisheries Program [6920 - 6923] ( Article 3 added by Stats. 1988, Ch. 1545, Sec. 2. ) ## 6922. The program shall include, but is not limited to, all of the following elements: (a) Identification of streams where the natural production of salmon and steelhead trout can be increased primarily through the improvement of stream and streambank conditions without effect on land ownership, land use practices, or changes in streamflow operations. (b) Identification of streams where the natural production of salmon and steelhead trout can be increased only through the improvement of land use practices or changes in streamflow operations. (c) Identification of streams where the protection of, and increase in, salmon and steelhead trout resources require, as a result of significant prior loss of stream habitat, the construction of artificial propagation facilities. (d) A program element for evaluating the effectiveness of the program. (e) Recommendations for an organizational structure, staffing, budgeting, long-term sources of funding, changes in state statutes and regulations and federal and local government policy and such other administrative and legislative actions as the department finds to be necessary to accomplish the purposes of this chapter. (f) Identification of measures to protect and increase the production of other anadromous fisheries consistent with policies set forth in Section 6902. (g) Identification of alternatives to, or mitigation of, manmade factors which cause the loss of juvenile and adult fish in California’s stream system. (Added by Stats. 1988, Ch. 1545, Sec. 2. Effective September 30, 1988.)
  10. 6923.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 1. GENERALLY [5500 - 6951] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 8. Salmon, Steelhead Trout, and Anadromous Fisheries Program Act [6900 - 6930] ( Chapter 8 added by Stats. 1988, Ch. 1545, Sec. 2. ) ## ARTICLE 3. Salmon, Steelhead Trout, and Anadromous Fisheries Program [6920 - 6923] ( Article 3 added by Stats. 1988, Ch. 1545, Sec. 2. )

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    Measures that are the responsibility of other agencies or persons are not eligible for funding under the program.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 1. GENERALLY [5500 - 6951] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 8. Salmon, Steelhead Trout, and Anadromous Fisheries Program Act [6900 - 6930] ( Chapter 8 added by Stats. 1988, Ch. 1545, Sec. 2. ) ## ARTICLE 3. Salmon, Steelhead Trout, and Anadromous Fisheries Program [6920 - 6923] ( Article 3 added by Stats. 1988, Ch. 1545, Sec. 2. ) ## 6923. Measures which are the responsibility of other agencies or persons, such as the repair or replacement of dysfunctional fish screens, are not eligible for funding under the program. (Added by Stats. 1988, Ch. 1545, Sec. 2. Effective September 30, 1988.)
  11. 6930.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 1. GENERALLY [5500 - 6951] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 8. Salmon, Steelhead Trout, and Anadromous Fisheries Program Act [6900 - 6930] ( Chapter 8 added by Stats. 1988, Ch. 1545, Sec. 2. ) ## ARTICLE 4. Effect of Reduced Water Flows [6930- 6930.] ( Article 4 added by Stats. 2002, Ch. 985, Sec. 1. )

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    The department must fund and run a study with the University of California on reduced waterflows and their effects on salmon and steelhead, and the Water Board cannot approve certain related water applications until the study is done.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 1. GENERALLY [5500 - 6951] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 8. Salmon, Steelhead Trout, and Anadromous Fisheries Program Act [6900 - 6930] ( Chapter 8 added by Stats. 1988, Ch. 1545, Sec. 2. ) ## ARTICLE 4. Effect of Reduced Water Flows [6930- 6930.] ( Article 4 added by Stats. 2002, Ch. 985, Sec. 1. ) ## 6930. (a) Subject to the availability of funds for the purposes of this section, the department shall contract with the University of California to conduct a study of the effects that reduced waterflows at the mouths and upstream estuaries of rivers selected under subdivision (b) would have on existing salmon and steelhead populations and on existing or prospective salmon and steelhead population restoration or reintroduction programs. (b) The department shall select the rivers to be included in the study and shall limit its selection to rivers that are within the combined river systems described in paragraph (7) of subdivision (a) of Section 1215.5 of the Water Code, and that are the subject of an application that has been filed with the State Water Resources Control Board to appropriate water in an amount equal to more than three cubic feet per second or more than 500 acre feet per annum of storage, involving the delivery of water by means other than a pipeline, natural watercourse, well, or aqueduct to any place of use that is outside of the protected area described in paragraph (7) of subdivision (a) of Section 1215.5 of the Water Code. (c) The findings of the study conducted under this section shall be a factor in any decision of the State Water Resources Control Board to approve or deny an application to appropriate water from any river selected under this section. If the application involves the delivery of water, by means other than a pipeline, natural watercourse, well, or aqueduct, to any place of use that is outside of the protected area described in paragraph (7) of subdivision (a) of Section 1215.5 of the Water Code, the board may not approve that application until after the study has been completed. (d) Any study conducted pursuant to this section shall conclude within five years of the start of that study. (e) This section applies to the University of California only if the Regents of the University of California, by resolution, make it applicable to the university. (Amended by Stats. 2003, Ch. 681, Sec. 1. Effective January 1, 2004.)
  12. 6950.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 1. GENERALLY [5500 - 6951] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 9. California Monitoring Program [6950 - 6951] ( Chapter 9 added by Stats. 2023, Ch. 455, Sec. 2. )

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    This section defines several terms used in the chapter.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 1. GENERALLY [5500 - 6951] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 9. California Monitoring Program [6950 - 6951] ( Chapter 9 added by Stats. 2023, Ch. 455, Sec. 2. ) ## 6950. For purposes of this chapter, the following definitions apply: (a) “Local agencies” means local agencies that have a role in the conservation, restoration, and management of salmonid species. (b) “Program” means the California Monitoring Program established pursuant to this chapter. (c) “Relevant agencies” means state and federal agencies that have a role in the conservation, restoration, and management of salmonid species. (d) “Tribe” has the same meaning as defined in Section 1452. (Added by Stats. 2023, Ch. 455, Sec. 2. (AB 809) Effective January 1, 2024.)
  13. 6951.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 1. GENERALLY [5500 - 6951] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 9. California Monitoring Program [6950 - 6951] ( Chapter 9 added by Stats. 2023, Ch. 455, Sec. 2. )

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    The department must establish the California Monitoring Program and may consult outside agencies and organizations to support monitoring work.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 1. GENERALLY [5500 - 6951] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 9. California Monitoring Program [6950 - 6951] ( Chapter 9 added by Stats. 2023, Ch. 455, Sec. 2. ) ## 6951. The department shall establish the California Monitoring Program to collect comprehensive data on anadromous salmonid populations, in coordination with relevant agencies, to inform salmon and steelhead recovery, conservation, and management activities. The department may consult with local agencies, tribes, conservation organizations, and academic institutions to carry out monitoring efforts under the program. (Added by Stats. 2023, Ch. 455, Sec. 2. (AB 809) Effective January 1, 2024.)
  14. 7.

    ## 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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    If a statement or report must be made, it must be in English.

    ## 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. ) ## 7. Whenever a statement or report is required to be made, it shall be made in the English language. Nothing in this section shall prohibit the department from providing an unofficial translation of a statement or report in a language other than English. (Amended by Stats. 2015, Ch. 154, Sec. 1. (AB 1527) Effective January 1, 2016.)
  15. 70.

    ## 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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    This section defines “resident” for this code section.

    ## 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. ) ## 70. “Resident” means any person who has resided continuously in the State of California for six months or more immediately prior to the date of application for a license or permit, any person on active military duty with the Armed Forces of the United States or auxiliary branch thereof, or any person enrolled in the Job Corps established pursuant to former Section 2883 of Title 29 of the United States Code. (Amended by Stats. 2023, Ch. 132, Sec. 1. (AB 1760) Effective January 1, 2024.)
  16. 700.

    ## Fish and Game Code - FGC ## DIVISION 2. DEPARTMENT OF FISH AND WILDLIFE [700 - 1958] ( Heading of Division 2 amended by Stats. 2015, Ch. 154, Sec. 21. ) ## CHAPTER 1. Organization and General Functions [700 - 715] ( Chapter 1 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 1. Generally [700 - 715] ( Article 1 enacted by Stats. 1957, Ch. 456. )

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    Section 700 creates the Department of Fish and Wildlife in the Natural Resources Agency and places it under the director.

    ## Fish and Game Code - FGC ## DIVISION 2. DEPARTMENT OF FISH AND WILDLIFE [700 - 1958] ( Heading of Division 2 amended by Stats. 2015, Ch. 154, Sec. 21. ) ## CHAPTER 1. Organization and General Functions [700 - 715] ( Chapter 1 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 1. Generally [700 - 715] ( Article 1 enacted by Stats. 1957, Ch. 456. ) ## 700. (a) There is in the Natural Resources Agency a Department of Fish and Wildlife administered through the director. (b) The Department of Fish and Wildlife shall succeed to, and is vested with, all the duties, powers, purposes, responsibilities, property, and jurisdiction previously vested in the Department of Fish and Game. (c) Whenever the term “Department of Fish and Game” appears in a law, the term means the “Department of Fish and Wildlife.” (d) No existing supplies, forms, insignias, signs, logos, uniforms, or emblems shall be destroyed or changed as a result of changing the name of the Department of Fish and Game to the Department of Fish and Wildlife, and those materials shall continue to be used until exhausted or unserviceable. (Amended by Stats. 2012, Ch. 559, Sec. 8. (AB 2402) Effective January 1, 2013.)
  17. 701.

    ## Fish and Game Code - FGC ## DIVISION 2. DEPARTMENT OF FISH AND WILDLIFE [700 - 1958] ( Heading of Division 2 amended by Stats. 2015, Ch. 154, Sec. 21. ) ## CHAPTER 1. Organization and General Functions [700 - 715] ( Chapter 1 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 1. Generally [700 - 715] ( Article 1 enacted by Stats. 1957, Ch. 456. )

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    The Governor must appoint the director, and the director is to receive the annual salary provided by the referenced Government Code chapter.

    ## Fish and Game Code - FGC ## DIVISION 2. DEPARTMENT OF FISH AND WILDLIFE [700 - 1958] ( Heading of Division 2 amended by Stats. 2015, Ch. 154, Sec. 21. ) ## CHAPTER 1. Organization and General Functions [700 - 715] ( Chapter 1 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 1. Generally [700 - 715] ( Article 1 enacted by Stats. 1957, Ch. 456. ) ## 701. The director shall be appointed by the Governor, and receive the annual salary provided for by Chapter 6 (commencing at Section 11550) of Part 1 of Division 3 of Title 2 of the Government Code. (Enacted by Stats. 1957, Ch. 456.)
  18. 701.3.

    ## Fish and Game Code - FGC ## DIVISION 2. DEPARTMENT OF FISH AND WILDLIFE [700 - 1958] ( Heading of Division 2 amended by Stats. 2015, Ch. 154, Sec. 21. ) ## CHAPTER 1. Organization and General Functions [700 - 715] ( Chapter 1 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 1. Generally [700 - 715] ( Article 1 enacted by Stats. 1957, Ch. 456. )

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    The Governor appoints one deputy director of the department, who serves at the Governor’s pleasure.

    ## Fish and Game Code - FGC ## DIVISION 2. DEPARTMENT OF FISH AND WILDLIFE [700 - 1958] ( Heading of Division 2 amended by Stats. 2015, Ch. 154, Sec. 21. ) ## CHAPTER 1. Organization and General Functions [700 - 715] ( Chapter 1 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 1. Generally [700 - 715] ( Article 1 enacted by Stats. 1957, Ch. 456. ) ## 701.3. There shall be one deputy director of the department who shall be a civil executive officer and shall be appointed by the Governor and serve at the pleasure of the Governor. The compensation of the deputy director shall be fixed by the director pursuant to law. The deputy director shall have such duties as shall be assigned, from time to time, by the director, and shall be responsible to the director for the performance thereof. (Added by Stats. 1980, Ch. 931, Sec. 1.)
  19. 701.5.

    ## Fish and Game Code - FGC ## DIVISION 2. DEPARTMENT OF FISH AND WILDLIFE [700 - 1958] ( Heading of Division 2 amended by Stats. 2015, Ch. 154, Sec. 21. ) ## CHAPTER 1. Organization and General Functions [700 - 715] ( Chapter 1 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 1. Generally [700 - 715] ( Article 1 enacted by Stats. 1957, Ch. 456. )

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    The director or designees may accept the office of director or alternate director of a qualifying joint powers entity.

    ## Fish and Game Code - FGC ## DIVISION 2. DEPARTMENT OF FISH AND WILDLIFE [700 - 1958] ( Heading of Division 2 amended by Stats. 2015, Ch. 154, Sec. 21. ) ## CHAPTER 1. Organization and General Functions [700 - 715] ( Chapter 1 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 1. Generally [700 - 715] ( Article 1 enacted by Stats. 1957, Ch. 456. ) ## 701.5. The director or one or more of his designees may accept the office of director or alternate director of an entity established by a joint powers agreement providing for the establishment and conduct of an areawide waste management planning process in accordance with the provisions of Section 208 of the Federal Water Pollution Control Act. Such office of director or alternate director of a joint powers entity is deemed compatible with the office of director and the office or employment of such persons as the director may so designate to serve such an entity established by a joint powers agreement. (Added by Stats. 1975, Ch. 868.)
  20. 702.

    ## Fish and Game Code - FGC ## DIVISION 2. DEPARTMENT OF FISH AND WILDLIFE [700 - 1958] ( Heading of Division 2 amended by Stats. 2015, Ch. 154, Sec. 21. ) ## CHAPTER 1. Organization and General Functions [700 - 715] ( Chapter 1 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 1. Generally [700 - 715] ( Article 1 enacted by Stats. 1957, Ch. 456. )

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    The code is to be administered and enforced through regulations adopted by the department, unless the code specifically says otherwise or requires the commission to adopt the regulations.

    ## Fish and Game Code - FGC ## DIVISION 2. DEPARTMENT OF FISH AND WILDLIFE [700 - 1958] ( Heading of Division 2 amended by Stats. 2015, Ch. 154, Sec. 21. ) ## CHAPTER 1. Organization and General Functions [700 - 715] ( Chapter 1 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 1. Generally [700 - 715] ( Article 1 enacted by Stats. 1957, Ch. 456. ) ## 702. This code shall be administered and enforced through regulations adopted only by the department, except as otherwise specifically provided by this code or where this code requires the commission to adopt regulations. (Amended by Stats. 1996, Ch. 870, Sec. 4.5. Effective January 1, 1997.)
  21. 702.1.

    ## Fish and Game Code - FGC ## DIVISION 2. DEPARTMENT OF FISH AND WILDLIFE [700 - 1958] ( Heading of Division 2 amended by Stats. 2015, Ch. 154, Sec. 21. ) ## CHAPTER 1. Organization and General Functions [700 - 715] ( Chapter 1 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 1. Generally [700 - 715] ( Article 1 enacted by Stats. 1957, Ch. 456. )

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    The department must prepare and submit a feasibility study report to specified legislative committees by January 1, 2016.

    ## Fish and Game Code - FGC ## DIVISION 2. DEPARTMENT OF FISH AND WILDLIFE [700 - 1958] ( Heading of Division 2 amended by Stats. 2015, Ch. 154, Sec. 21. ) ## CHAPTER 1. Organization and General Functions [700 - 715] ( Chapter 1 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 1. Generally [700 - 715] ( Article 1 enacted by Stats. 1957, Ch. 456. ) ## 702.1. (a) The department, on or before January 1, 2016, shall prepare and submit to the relevant policy and fiscal committees of the Legislature a feasibility study report on an electronic system to manage citations issued by fish and game wardens, exchange information on citations with the courts, and transfer data on court dispositions to the Automated License Data System. (b) (1) Pursuant to Section 10231.5 of the Government Code, the requirement for submitting a report pursuant to subdivision (a) shall become inoperative on January 1, 2017. (2) A report to be submitted pursuant to subdivision (a) shall be submitted in compliance with Section 9795 of the Government Code. (Added by Stats. 2012, Ch. 559, Sec. 9. (AB 2402) Effective January 1, 2013.)
  22. 703.

    ## Fish and Game Code - FGC ## DIVISION 2. DEPARTMENT OF FISH AND WILDLIFE [700 - 1958] ( Heading of Division 2 amended by Stats. 2015, Ch. 154, Sec. 21. ) ## CHAPTER 1. Organization and General Functions [700 - 715] ( Chapter 1 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 1. Generally [700 - 715] ( Article 1 enacted by Stats. 1957, Ch. 456. )

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    The commission sets general department policy, and the director must follow that policy and answer to the commission. The department must respond to timber-harvesting-plan review requests on time, include comments or recommendations on significant environmental issues, identify the legal authority for mitigation requests, and may skip a response if it has no comment.

    ## Fish and Game Code - FGC ## DIVISION 2. DEPARTMENT OF FISH AND WILDLIFE [700 - 1958] ( Heading of Division 2 amended by Stats. 2015, Ch. 154, Sec. 21. ) ## CHAPTER 1. Organization and General Functions [700 - 715] ( Chapter 1 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 1. Generally [700 - 715] ( Article 1 enacted by Stats. 1957, Ch. 456. ) ## 703. (a) General policies for the conduct of the department shall be formulated by the commission. The director shall be guided by those policies and shall be responsible to the commission for the administration of the department in accordance with those policies. (b) The department shall respond to requests from the Department of Forestry and Fire Protection, acting as the lead agency for the review of timber harvesting plans, within the time period required under Section 4582.6 of the Public Resources Code, unless additional time is granted by the Department of Forestry and Fire Protection. The department shall include specific comments or recommendations, or both, on any significant environmental issues raised by the proposed timber harvesting plan in its area of jurisdiction, including any proposed mitigation measures. The department shall also identify its statutory authority for any requests or recommendations for mitigation that it may determine to be necessary. If the department has no comment to make on the proposed timber harvesting plan, it is not required to submit a response. (Amended by Stats. 1995, Ch. 612, Sec. 1. Effective January 1, 1996.)
  23. 703.3.

    ## Fish and Game Code - FGC ## DIVISION 2. DEPARTMENT OF FISH AND WILDLIFE [700 - 1958] ( Heading of Division 2 amended by Stats. 2015, Ch. 154, Sec. 21. ) ## CHAPTER 1. Organization and General Functions [700 - 715] ( Chapter 1 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 1. Generally [700 - 715] ( Article 1 enacted by Stats. 1957, Ch. 456. )

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    The department and commission are to use ecosystem-based management informed by credible science, and their scientific work and resource decisions should follow scientific quality assurance, integrity, standard scientific protocols, and adaptive management where possible.

    ## Fish and Game Code - FGC ## DIVISION 2. DEPARTMENT OF FISH AND WILDLIFE [700 - 1958] ( Heading of Division 2 amended by Stats. 2015, Ch. 154, Sec. 21. ) ## CHAPTER 1. Organization and General Functions [700 - 715] ( Chapter 1 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 1. Generally [700 - 715] ( Article 1 enacted by Stats. 1957, Ch. 456. ) ## 703.3. It is the policy of the state that the department and commission use ecosystem-based management informed by credible science in all resource management decisions to the extent feasible. It is further the policy of the state that scientific professionals at the department and commission, and all resource management decisions of the department and commission, be governed by a scientific quality assurance and integrity policy, and follow well-established standard protocols of the scientific profession, including, but not limited to, the use of peer review, publication, and science review panels where appropriate. Resource management decisions of the department and commission should also incorporate adaptive management to the extent possible. (Added by Stats. 2012, Ch. 559, Sec. 10. (AB 2402) Effective January 1, 2013.)
  24. 703.5.

    ## Fish and Game Code - FGC ## DIVISION 2. DEPARTMENT OF FISH AND WILDLIFE [700 - 1958] ( Heading of Division 2 amended by Stats. 2015, Ch. 154, Sec. 21. ) ## CHAPTER 1. Organization and General Functions [700 - 715] ( Chapter 1 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 1. Generally [700 - 715] ( Article 1 enacted by Stats. 1957, Ch. 456. )

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    The department and commission are to work with other agencies and stakeholders, including through interagency coordination on permits and information sharing.

    ## Fish and Game Code - FGC ## DIVISION 2. DEPARTMENT OF FISH AND WILDLIFE [700 - 1958] ( Heading of Division 2 amended by Stats. 2015, Ch. 154, Sec. 21. ) ## CHAPTER 1. Organization and General Functions [700 - 715] ( Chapter 1 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 1. Generally [700 - 715] ( Article 1 enacted by Stats. 1957, Ch. 456. ) ## 703.5. It is the policy of the state as follows: (a) That the department and the commission seek to create, foster, and actively participate in effective partnerships and collaborations with other agencies and stakeholders to achieve shared goals and to better integrate fish and wildlife resource conservation and management with the natural resource management responsibilities of other agencies. (b) That the department and commission participate in interagency coordination processes that facilitate consistency and efficiency in review of projects requiring multiple permits, including, but not necessarily limited to, joint state, federal, and local permit review teams that enable early consultation with project applicants, and provide improved sharing of data, information, tools, and science to achieve better alignment of planning, policies, and regulations across agencies. (Added by Stats. 2012, Ch. 559, Sec. 11. (AB 2402) Effective January 1, 2013.)
  25. 704.

    ## Fish and Game Code - FGC ## DIVISION 2. DEPARTMENT OF FISH AND WILDLIFE [700 - 1958] ( Heading of Division 2 amended by Stats. 2015, Ch. 154, Sec. 21. ) ## CHAPTER 1. Organization and General Functions [700 - 715] ( Chapter 1 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 1. Generally [700 - 715] ( Article 1 enacted by Stats. 1957, Ch. 456. )

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    The director has appointing power over all department employees, and those employees are responsible to the director for properly carrying out their job duties.

    ## Fish and Game Code - FGC ## DIVISION 2. DEPARTMENT OF FISH AND WILDLIFE [700 - 1958] ( Heading of Division 2 amended by Stats. 2015, Ch. 154, Sec. 21. ) ## CHAPTER 1. Organization and General Functions [700 - 715] ( Chapter 1 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 1. Generally [700 - 715] ( Article 1 enacted by Stats. 1957, Ch. 456. ) ## 704. (a) Notwithstanding any other provision of law, the director is the appointing power of all employees within the department, and all employees in the department are responsible to the director for the proper carrying out of the duties and responsibilities of their respective positions. (b) The changes made to subdivision (a) during the 2001–02 Regular Session of the Legislature are declaratory of existing law. (Amended by Stats. 2001, Ch. 398, Sec. 1.5. Effective January 1, 2002.)
  26. 705.

    ## Fish and Game Code - FGC ## DIVISION 2. DEPARTMENT OF FISH AND WILDLIFE [700 - 1958] ( Heading of Division 2 amended by Stats. 2015, Ch. 154, Sec. 21. ) ## CHAPTER 1. Organization and General Functions [700 - 715] ( Chapter 1 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 1. Generally [700 - 715] ( Article 1 enacted by Stats. 1957, Ch. 456. )

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    The department must create an internal division to do planning and environmental compliance work, with priority for projects involving eligible renewable energy resources, and the division must help ensure plans are completed on time under the Natural Community Conservation Planning Act.

    ## Fish and Game Code - FGC ## DIVISION 2. DEPARTMENT OF FISH AND WILDLIFE [700 - 1958] ( Heading of Division 2 amended by Stats. 2015, Ch. 154, Sec. 21. ) ## CHAPTER 1. Organization and General Functions [700 - 715] ( Chapter 1 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 1. Generally [700 - 715] ( Article 1 enacted by Stats. 1957, Ch. 456. ) ## 705. (a) For purposes of this section, “eligible renewable energy resources” has the same meaning as in the California Renewables Portfolio Standard Program (Article 16 (commencing with Section 399.11) of Chapter 2.3 of Part 1 of Division 1 of the Public Utilities Code). (b) The department shall establish an internal division with the primary purpose of performing comprehensive planning and environmental compliance services with priority given to projects involving the building of eligible renewable energy resources. (c) The internal division shall ensure the timely completion of plans pursuant to the Natural Community Conservation Planning Act (Chapter 10 (commencing with Section 2800) of Division 3). (Added by Stats. 2011, 1st Ex. Sess., Ch. 1, Sec. 2. (SB 2 1x) Effective December 10, 2011.)
  27. 7050.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 1.7. CONSERVATION AND MANAGEMENT OF MARINE LIVING RESOURCES [7050 - 7090] ( Part 1.7 added by Stats. 1998, Ch. 1052, Sec. 8. ) ## CHAPTER 1. General Policies [7050 - 7051] ( Chapter 1 added by Stats. 1998, Ch. 1052, Sec. 8. )

    Verify source ↗

    California policy favors conserving, sustainably using, and where feasible restoring marine living resources.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 1.7. CONSERVATION AND MANAGEMENT OF MARINE LIVING RESOURCES [7050 - 7090] ( Part 1.7 added by Stats. 1998, Ch. 1052, Sec. 8. ) ## CHAPTER 1. General Policies [7050 - 7051] ( Chapter 1 added by Stats. 1998, Ch. 1052, Sec. 8. ) ## 7050. (a) The Legislature finds and declares that the Pacific Ocean and its rich marine living resources are of great environmental, economic, aesthetic, recreational, educational, scientific, nutritional, social, and historic importance to the people of California. (b) It is the policy of the state to ensure the conservation, sustainable use, and, where feasible, restoration of California’s marine living resources for the benefit of all the citizens of the state. The objective of this policy shall be to accomplish all of the following: (1) Conserve the health and diversity of marine ecosystems and marine living resources. (2) Allow and encourage only those activities and uses of marine living resources that are sustainable. (3) Recognize the importance of the aesthetic, educational, scientific, and recreational uses that do not involve the taking of California’s marine living resources. (4) Recognize the importance to the economy and the culture of California of sustainable sport and commercial fisheries and the development of commercial aquaculture consistent with the marine living resource conservation policies of this part. (5) Support and promote scientific research on marine ecosystems and their components to develop better information on which to base marine living resource management decisions. (6) Manage marine living resources on the basis of the best available scientific information and other relevant information that the commission or department possesses or receives. (7) Involve all interested parties, including, but not limited to, individuals from the sport and commercial fishing industries, aquaculture industries, coastal and ocean tourism and recreation industries, marine conservation organizations, local governments, marine scientists, and the public in marine living resource management decisions. (8) Promote the dissemination of accurate information concerning the condition of, or management of, marine resources and fisheries by seeking out the best available information and making it available to the public through the marine resources management process. (9) Coordinate and cooperate with adjacent states, as well as with Mexico and Canada, and encourage regional approaches to management of activities and uses that affect marine living resources. Particular attention shall be paid to coordinated approaches to the management of shared fisheries. (Added by Stats. 1998, Ch. 1052, Sec. 8. Effective January 1, 1999.)
  28. 7051.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 1.7. CONSERVATION AND MANAGEMENT OF MARINE LIVING RESOURCES [7050 - 7090] ( Part 1.7 added by Stats. 1998, Ch. 1052, Sec. 8. ) ## CHAPTER 1. General Policies [7050 - 7051] ( Chapter 1 added by Stats. 1998, Ch. 1052, Sec. 8. )

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    This section limits when regulations and policies under the part can apply, and it limits any delegated power to regulate fisheries.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 1.7. CONSERVATION AND MANAGEMENT OF MARINE LIVING RESOURCES [7050 - 7090] ( Part 1.7 added by Stats. 1998, Ch. 1052, Sec. 8. ) ## CHAPTER 1. General Policies [7050 - 7051] ( Chapter 1 added by Stats. 1998, Ch. 1052, Sec. 8. ) ## 7051. (a) A regulation adopted pursuant to this part shall apply only to ocean waters and bays. Notwithstanding any other provision of this part, nothing contained in this part grants the department or any other agency of the state any regulatory authority not in existence on January 1, 1999, in any river upstream of the mouth of such river, in the Sacramento-San Joaquin Delta or in any other estuary. (b) The policies in this part shall apply only to fishery management plans and regulations adopted by the commission on or after January 1, 1999. No power is delegated to the commission or the department by this part to regulate fisheries other than the nearshore fishery, the white sea bass fishery, emerging fisheries, and fisheries for which the commission or department had regulatory authority prior to January 1, 1999. (Added by Stats. 1998, Ch. 1052, Sec. 8. Effective January 1, 1999.)
  29. 7055.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 1.7. CONSERVATION AND MANAGEMENT OF MARINE LIVING RESOURCES [7050 - 7090] ( Part 1.7 added by Stats. 1998, Ch. 1052, Sec. 8. ) ## CHAPTER 2. Marine Fisheries Generally [7055 - 7059] ( Chapter 2 added by Stats. 1998, Ch. 1052, Sec. 8. )

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    The provision states California’s policy for managing marine fisheries to support long-term benefits, prevent overfishing, rebuild depressed stocks, conserve resources, protect habitats, maintain enough sportfishing resources, and encourage commercial fishery growth.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 1.7. CONSERVATION AND MANAGEMENT OF MARINE LIVING RESOURCES [7050 - 7090] ( Part 1.7 added by Stats. 1998, Ch. 1052, Sec. 8. ) ## CHAPTER 2. Marine Fisheries Generally [7055 - 7059] ( Chapter 2 added by Stats. 1998, Ch. 1052, Sec. 8. ) ## 7055. The Legislature finds and declares that it is the policy of the state that: (a) California’s marine sport and commercial fisheries, and the resources upon which they depend, are important to the people of the state and, to the extent practicable, shall be managed in accordance with the policies and other requirements of this part in order to assure the long-term economic, recreational, ecological, cultural, and social benefits of those fisheries and the marine habitats on which they depend. (b) Programs for the conservation and management of the marine fishery resources of California shall be established and administered to prevent overfishing, to rebuild depressed stocks, to ensure conservation, to facilitate long-term protection and, where feasible, restoration of marine fishery habitats, and to achieve the sustainable use of the state’s fishery resources. (c) Where a species is the object of sportfishing, a sufficient resource shall be maintained to support a reasonable sport use, taking into consideration the necessity of regulating individual sport fishery bag limits to the quantity that is sufficient to provide a satisfying sport. (d) The growth of commercial fisheries, including distant-water fisheries, shall be encouraged. (Added by Stats. 1998, Ch. 1052, Sec. 8. Effective January 1, 1999.)
  30. 7056.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 1.7. CONSERVATION AND MANAGEMENT OF MARINE LIVING RESOURCES [7050 - 7090] ( Part 1.7 added by Stats. 1998, Ch. 1052, Sec. 8. ) ## CHAPTER 2. Marine Fisheries Generally [7055 - 7059] ( Chapter 2 added by Stats. 1998, Ch. 1052, Sec. 8. )

    Verify source ↗

    Sport and commercial marine fisheries under state jurisdiction must be managed under a system aimed at sustainability and related conservation objectives.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 1.7. CONSERVATION AND MANAGEMENT OF MARINE LIVING RESOURCES [7050 - 7090] ( Part 1.7 added by Stats. 1998, Ch. 1052, Sec. 8. ) ## CHAPTER 2. Marine Fisheries Generally [7055 - 7059] ( Chapter 2 added by Stats. 1998, Ch. 1052, Sec. 8. ) ## 7056. In order to achieve the primary fishery management goal of sustainability, every sport and commercial marine fishery under the jurisdiction of the state shall be managed under a system whose objectives include all of the following: (a) The fishery is conducted sustainably so that long-term health of the resource is not sacrificed in favor of short-term benefits. In the case of a fishery managed on the basis of maximum sustainable yield, management shall have optimum yield as its objective. (b) The health of marine fishery habitat is maintained and, to the extent feasible, habitat is restored, and where appropriate, habitat is enhanced. (c) Depressed fisheries are rebuilt to the highest sustainable yields consistent with environmental and habitat conditions. (d) The fishery limits bycatch to acceptable types and amounts, as determined for each fishery. (e) The fishery management system allows fishery participants to propose methods to prevent or reduce excess effort in marine fisheries. (f) Management of a species that is the target of both sport and commercial fisheries or of a fishery that employs different gears is closely coordinated. (g) Fishery management decisions are adaptive and are based on the best available scientific information and other relevant information that the commission or department possesses or receives, and the commission and department have available to them essential fishery information on which to base their decisions. (h) The management decisionmaking process is open and seeks the advice and assistance of interested parties so as to consider relevant information, including local knowledge. (i) The fishery management system observes the long-term interests of people dependent on fishing for food, livelihood, or recreation. (j) The adverse impacts of fishery management on small-scale fisheries, coastal communities, and local economies are minimized. (k) Collaborative and cooperative approaches to management, involving fishery participants, marine scientists, and other interested parties are strongly encouraged, and appropriate mechanisms are in place to resolve disputes such as access, allocation, and gear conflicts. (l) The management system is proactive and responds quickly to changing environmental conditions and market or other socioeconomic factors and to the concerns of fishery participants. (m) The management system is periodically reviewed for effectiveness in achieving sustainability goals and for fairness and reasonableness in its interaction with people affected by management. (Added by Stats. 1998, Ch. 1052, Sec. 8. Effective January 1, 1999.)
  31. 7058.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 1.7. CONSERVATION AND MANAGEMENT OF MARINE LIVING RESOURCES [7050 - 7090] ( Part 1.7 added by Stats. 1998, Ch. 1052, Sec. 8. ) ## CHAPTER 2. Marine Fisheries Generally [7055 - 7059] ( Chapter 2 added by Stats. 1998, Ch. 1052, Sec. 8. )

    Verify source ↗

    Fishery management regulations adopted by the commission should, as far as practicable, conform to the policies in Sections 7055 and 7056.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 1.7. CONSERVATION AND MANAGEMENT OF MARINE LIVING RESOURCES [7050 - 7090] ( Part 1.7 added by Stats. 1998, Ch. 1052, Sec. 8. ) ## CHAPTER 2. Marine Fisheries Generally [7055 - 7059] ( Chapter 2 added by Stats. 1998, Ch. 1052, Sec. 8. ) ## 7058. Any fishery management regulation adopted by the commission shall, to the extent practicable, conform to the policies of Sections 7055 and 7056. (Amended by Stats. 2002, Ch. 559, Sec. 4. Effective January 1, 2003.)
  32. 7059.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 1.7. CONSERVATION AND MANAGEMENT OF MARINE LIVING RESOURCES [7050 - 7090] ( Part 1.7 added by Stats. 1998, Ch. 1052, Sec. 8. ) ## CHAPTER 2. Marine Fisheries Generally [7055 - 7059] ( Chapter 2 added by Stats. 1998, Ch. 1052, Sec. 8. )

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    The commission and the department must consult with interested parties and improve collaboration in marine life and fishery management.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 1.7. CONSERVATION AND MANAGEMENT OF MARINE LIVING RESOURCES [7050 - 7090] ( Part 1.7 added by Stats. 1998, Ch. 1052, Sec. 8. ) ## CHAPTER 2. Marine Fisheries Generally [7055 - 7059] ( Chapter 2 added by Stats. 1998, Ch. 1052, Sec. 8. ) ## 7059. (a) The Legislature finds and declares all of the following: (1) Successful marine life and fishery management is a collaborative process that requires a high degree of ongoing communication and participation of all those involved in the management process, particularly the commission, the department, and those who represent the people and resources that will be most affected by fishery management decisions, especially fishery participants and other interested parties. (2) In order to maximize the marine science expertise applied to the complex issues of marine life and fishery management, the commission and the department are encouraged to continue to, and to find creative new ways to, contract with or otherwise effectively involve Sea Grant staff, marine scientists, economists, collaborative factfinding process and dispute resolution specialists, and others with the necessary expertise at colleges, universities, private institutions, and other agencies. (3) The benefits of the collaborative process required by this section apply to most marine life and fishery management activities including, but not limited to, the development and implementation of research plans, marine managed area plans, fishery management plans, and plan amendments, and the preparation of fishery status reports such as those required by Section 7065. (4) Because California is a large state with a long coast, and because travel is time consuming and costly, the involvement of interested parties shall be facilitated, to the extent practicable, by conducting meetings and discussions in the areas of the coast and in ports where those most affected are concentrated. (b) In order to fulfill the intent of subdivision (a), the commission and the department shall do all of the following: (1) Periodically review marine life and fishery management operations with a view to improving communication, collaboration, and dispute resolution, seeking advice from interested parties as part of the review. (2) Develop a process for the involvement of interested parties and for factfinding and dispute resolution processes appropriate to each element in the marine life and fishery management process. Models to consider include, but are not limited to, the take reduction teams authorized under the Marine Mammal Protection Act (16 U.S.C. Sec. 1361 et seq.) and the processes that led to improved management in the California herring, sea urchin, prawn, angel shark, and white seabass fisheries. (3) Consider the appropriateness of various forms of fisheries comanagement, which involves close cooperation between the department and fishery participants, when developing and implementing fishery management plans. (4) When involving fishery participants in the management process, give particular consideration to the gear used, involvement of sport or commercial sectors or both sectors, and the areas of the coast where the fishery is conducted in order to ensure adequate involvement. (Amended by Stats. 1999, Ch. 483, Sec. 9. Effective January 1, 2000.)
  33. 706.

    ## Fish and Game Code - FGC ## DIVISION 2. DEPARTMENT OF FISH AND WILDLIFE [700 - 1958] ( Heading of Division 2 amended by Stats. 2015, Ch. 154, Sec. 21. ) ## CHAPTER 1. Organization and General Functions [700 - 715] ( Chapter 1 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 1. Generally [700 - 715] ( Article 1 enacted by Stats. 1957, Ch. 456. )

    Verify source ↗

    The department must conduct itself under Chapter 2 of the Government Code, and references to the “head of the department” in that chapter mean the director.

    ## Fish and Game Code - FGC ## DIVISION 2. DEPARTMENT OF FISH AND WILDLIFE [700 - 1958] ( Heading of Division 2 amended by Stats. 2015, Ch. 154, Sec. 21. ) ## CHAPTER 1. Organization and General Functions [700 - 715] ( Chapter 1 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 1. Generally [700 - 715] ( Article 1 enacted by Stats. 1957, Ch. 456. ) ## 706. The provisions of Chapter 2 (commencing at Section 11150) of Part 1 of Division 3 of Title 2 of the Government Code shall govern and apply to the conduct of the department in every respect. Whenever in that chapter the term “head of the department” or similar designation occurs, for the purposes of this section it shall mean the director. (Amended by Stats. 2015, Ch. 154, Sec. 22. (AB 1527) Effective January 1, 2016.)
  34. 7060.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 1.7. CONSERVATION AND MANAGEMENT OF MARINE LIVING RESOURCES [7050 - 7090] ( Part 1.7 added by Stats. 1998, Ch. 1052, Sec. 8. ) ## CHAPTER 3. Fisheries Science [7060 - 7062] ( Chapter 3 added by Stats. 1998, Ch. 1052, Sec. 8. )

    Verify source ↗

    The department must research and support the collection of essential fishery information, and it may seek grants, contracts, or competitive grants for that research.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 1.7. CONSERVATION AND MANAGEMENT OF MARINE LIVING RESOURCES [7050 - 7090] ( Part 1.7 added by Stats. 1998, Ch. 1052, Sec. 8. ) ## CHAPTER 3. Fisheries Science [7060 - 7062] ( Chapter 3 added by Stats. 1998, Ch. 1052, Sec. 8. ) ## 7060. (a) The Legislature finds and declares that for the purposes of sustainable fishery management and this part, essential fishery information is necessary for federally and state-managed marine fisheries important to the people of this state to provide sustainable economic and recreational benefits to the people of California. The Legislature further finds and declares that acquiring essential fishery information can best be accomplished through the ongoing cooperation and collaboration of participants in fisheries. (b) The department, to the extent feasible, shall conduct and support research to obtain essential fishery information for all marine fisheries managed by the state. (c) The department, to the maximum extent practicable and consistent with Section 7059, shall encourage the participation of fishermen in fisheries research within a framework that ensures the objective collection and analysis of data, the collaboration of fishermen in research design, and the cooperation of fishermen in carrying out research. (d) The department may apply for grants to conduct research and may enter into contracts or issue competitive grants to public or private research institutions to conduct research. (Added by Stats. 1998, Ch. 1052, Sec. 8. Effective January 1, 1999.)
  35. 7062.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 1.7. CONSERVATION AND MANAGEMENT OF MARINE LIVING RESOURCES [7050 - 7090] ( Part 1.7 added by Stats. 1998, Ch. 1052, Sec. 8. ) ## CHAPTER 3. Fisheries Science [7060 - 7062] ( Chapter 3 added by Stats. 1998, Ch. 1052, Sec. 8. )

    Verify source ↗

    The department must create an external peer review program for the scientific basis of marine living resources management documents.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 1.7. CONSERVATION AND MANAGEMENT OF MARINE LIVING RESOURCES [7050 - 7090] ( Part 1.7 added by Stats. 1998, Ch. 1052, Sec. 8. ) ## CHAPTER 3. Fisheries Science [7060 - 7062] ( Chapter 3 added by Stats. 1998, Ch. 1052, Sec. 8. ) ## 7062. (a) The department shall establish a program for external peer review of the scientific basis of marine living resources management documents. The department, in its discretion and unless otherwise required by this part, may submit to peer review, documents that include, but are not limited to, fishery management plans and plan amendments, marine resource and fishery research plans. (b) The department may enter into an agreement with one or more outside entities that are significantly involved with researching and understanding marine fisheries and are not advocacy organizations. These entities may include, but not be limited to, the Sea Grant program of any state, the University of California, the California State University, the Pacific States Marine Fisheries Commission, or any other entity approved by the commission to select and administer peer review panels, as needed. The peer review panels shall be composed of individuals with technical expertise specific to the document to be reviewed. The entity with which the department enters into an agreement for a peer review shall be responsible for the scientific integrity of the peer review process. Each peer reviewer may be compensated as needed to ensure competent peer review. Peer reviewers shall not be employees or officers of the department or the commission and shall not have participated in the development of the document to be reviewed. (c) The external peer review entity, within the timeframe and budget agreed upon by the department and the external scientific peer review entity, shall provide the department with the written report of the peer review panel that contains an evaluation of the scientific basis of the document. If the report finds that the department has failed to demonstrate that a scientific portion of the document is based on sound scientific knowledge, methods, and practices, the report shall state that finding, and the reasons for the finding. The department may accept the finding, in whole or in part, and may revise the scientific portions of the document accordingly. If the department disagrees with any aspect of the finding of the external scientific peer review, it shall explain, and include as part of the record, its basis for arriving at such a determination in the analysis prepared for the adoption of the final document, including the reasons why it has determined that the scientific portions of the document are based on sound scientific knowledge, methods, or practice. The department shall submit the external scientific peer review report to the commission with any peer reviewed document that is to be adopted or approved by the commission. (d) The requirements of this section do not apply to any emergency regulation adopted pursuant to subdivision (b) of Section 11346.1 of the Government Code. (e) Nothing is this section shall be interpreted, in any way, to limit the authority of the commission or department to adopt a plan or regulation. (Added by Stats. 1998, Ch. 1052, Sec. 8. Effective January 1, 1999.)
  36. 7065.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 1.7. CONSERVATION AND MANAGEMENT OF MARINE LIVING RESOURCES [7050 - 7090] ( Part 1.7 added by Stats. 1998, Ch. 1052, Sec. 8. ) ## CHAPTER 4. Commission and Department [7065 - 7066] ( Chapter 4 added by Stats. 1998, Ch. 1052, Sec. 8. )

    Verify source ↗

    The director must file an annual written report to the commission on state-managed sport and commercial marine fisheries, and the department must help compile it with outside expertise.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 1.7. CONSERVATION AND MANAGEMENT OF MARINE LIVING RESOURCES [7050 - 7090] ( Part 1.7 added by Stats. 1998, Ch. 1052, Sec. 8. ) ## CHAPTER 4. Commission and Department [7065 - 7066] ( Chapter 4 added by Stats. 1998, Ch. 1052, Sec. 8. ) ## 7065. (a) The director shall report annually in writing to the commission on the status of sport and commercial marine fisheries managed by the state. The date of the report shall be chosen by the commission with the advice of the department. Each annual report shall cover at least one-fourth of the marine fisheries managed by the state so that every fishery will be reported on at least once every four years. The department shall, consistent with Section 7059, involve expertise from outside the department in compiling information for the report, which may include, but need not be limited to, Sea Grant staff, other marine scientists, fishery participants, and other interested parties. (b) For each fishery reported on in an annual report, the report shall include information on landings, fishing effort, areas where the fishery occurs, and other factors affecting the fishery as determined by the department and the commission. Each restricted access program shall be reviewed at least every five years for consistency with the policies of the commission on restricted access fisheries. (c) Notwithstanding subdivision (a), the first annual report shall be presented to the commission on or before September 1, 2001, and shall cover all the marine fisheries managed by the state. To the extent that the requirements of this section and Section 7073 are duplicative, the first annual report may be combined with the plan required pursuant to Section 7073. (Amended by Stats. 1999, Ch. 483, Sec. 10. Effective January 1, 2000.)
  37. 7066.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 1.7. CONSERVATION AND MANAGEMENT OF MARINE LIVING RESOURCES [7050 - 7090] ( Part 1.7 added by Stats. 1998, Ch. 1052, Sec. 8. ) ## CHAPTER 4. Commission and Department [7065 - 7066] ( Chapter 4 added by Stats. 1998, Ch. 1052, Sec. 8. )

    Verify source ↗

    The director’s report to the commission must identify marine fisheries that do not meet sustainability policies, and for depressed fisheries must explain the causes, rebuild steps, and possible additional steps. The report must also evaluate the management system, and may recommend modifications.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 1.7. CONSERVATION AND MANAGEMENT OF MARINE LIVING RESOURCES [7050 - 7090] ( Part 1.7 added by Stats. 1998, Ch. 1052, Sec. 8. ) ## CHAPTER 4. Commission and Department [7065 - 7066] ( Chapter 4 added by Stats. 1998, Ch. 1052, Sec. 8. ) ## 7066. (a) The Legislature finds and declares that a number of human-caused and natural factors can affect the health of marine fishery resources and result in marine fisheries that do not meet the policies and other requirements of this part. (b) To the extent feasible, the director’s report to the commission pursuant to Section 7065 shall identify any marine fishery that does not meet the sustainability policies of this part. In the case of a fishery identified as being depressed, the report shall indicate the causes of the depressed condition of the fishery, describe steps being taken to rebuild the fishery, and, to the extent practicable, recommend additional steps to rebuild the fishery. (c) The director’s report to the commission pursuant to Section 7065, consistent with subdivision (m) of Section 7056, shall evaluate the management system and may recommend modifications of that system to the commission. (Amended by Stats. 1999, Ch. 483, Sec. 11. Effective January 1, 2000.)
  38. 707.

    ## Fish and Game Code - FGC ## DIVISION 2. DEPARTMENT OF FISH AND WILDLIFE [700 - 1958] ( Heading of Division 2 amended by Stats. 2015, Ch. 154, Sec. 21. ) ## CHAPTER 1. Organization and General Functions [700 - 715] ( Chapter 1 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 1. Generally [700 - 715] ( Article 1 enacted by Stats. 1957, Ch. 456. )

    Verify source ↗

    The department’s attorney must defend department officers or deputies in damages suits based on alleged injuries caused by their negligence or misconduct while doing official duties.

    ## Fish and Game Code - FGC ## DIVISION 2. DEPARTMENT OF FISH AND WILDLIFE [700 - 1958] ( Heading of Division 2 amended by Stats. 2015, Ch. 154, Sec. 21. ) ## CHAPTER 1. Organization and General Functions [700 - 715] ( Chapter 1 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 1. Generally [700 - 715] ( Article 1 enacted by Stats. 1957, Ch. 456. ) ## 707. It is the duty of the attorney for the department to act as counsel in defense of any officer or deputy of the department in any suit for damages brought against the officer or deputy on account of injuries to persons or property alleged to have been received as a result of the negligence or misconduct of the officer or deputy occurring while the officer or deputy was performing his official duties. (Enacted by Stats. 1957, Ch. 456.)
  39. 7070.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 1.7. CONSERVATION AND MANAGEMENT OF MARINE LIVING RESOURCES [7050 - 7090] ( Part 1.7 added by Stats. 1998, Ch. 1052, Sec. 8. ) ## CHAPTER 5. Fishery Management Plans—General Policies [7070 - 7074] ( Chapter 5 added by Stats. 1998, Ch. 1052, Sec. 8. )

    Verify source ↗

    The Legislature states that California’s marine fish resources must be conserved, used, and managed through fishery management plans.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 1.7. CONSERVATION AND MANAGEMENT OF MARINE LIVING RESOURCES [7050 - 7090] ( Part 1.7 added by Stats. 1998, Ch. 1052, Sec. 8. ) ## CHAPTER 5. Fishery Management Plans—General Policies [7070 - 7074] ( Chapter 5 added by Stats. 1998, Ch. 1052, Sec. 8. ) ## 7070. The Legislature finds and declares that the critical need to conserve, utilize, and manage the state’s marine fish resources and to meet the policies and other requirements stated in this part require that the state’s fisheries be managed by means of fishery management plans. (Added by Stats. 1998, Ch. 1052, Sec. 8. Effective January 1, 1999.)
  40. 7071.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 1.7. CONSERVATION AND MANAGEMENT OF MARINE LIVING RESOURCES [7050 - 7090] ( Part 1.7 added by Stats. 1998, Ch. 1052, Sec. 8. ) ## CHAPTER 5. Fishery Management Plans—General Policies [7070 - 7074] ( Chapter 5 added by Stats. 1998, Ch. 1052, Sec. 8. )

    Verify source ↗

    The commission must update certain white seabass plans by January 1, 2002, and may adopt regulations for managed fisheries starting January 1, 2000.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 1.7. CONSERVATION AND MANAGEMENT OF MARINE LIVING RESOURCES [7050 - 7090] ( Part 1.7 added by Stats. 1998, Ch. 1052, Sec. 8. ) ## CHAPTER 5. Fishery Management Plans—General Policies [7070 - 7074] ( Chapter 5 added by Stats. 1998, Ch. 1052, Sec. 8. ) ## 7071. (a) Any white seabass fishery management plan adopted by the commission on or before January 1, 1999, shall remain in effect until amended pursuant to this part. Notwithstanding paragraph (2) of subdivision (b) of Section 7073, any white seabass fishery management plan adopted by the commission and in existence on January 1, 1999, shall be amended to comply with this part on or before January 1, 2002. (b) In the case of any fishery for which the commission has management authority, including white seabass, regulations that the commission adopts to implement a fishery management plan or plan amendment for that fishery may make inoperative, in regard to that fishery, any fishery management statute that applies to that fishery, including, but not limited to, statutes that govern allowable catch, restricted access programs, permit fees, and time, area, and methods of taking. (c) On and after January 1, 2000, the commission may adopt regulations as it determines necessary, based on the advice and recommendations of the department, and in a process consistent with Section 7059, to regulate all emerging fisheries, consistent with Section 7090, all fisheries for nearshore fish stocks, and all fisheries for white seabass. Regulations adopted by the commission may include, but need not be limited to, establishing time and area closures, requiring submittal of landing and permit information, regulating fishing gear, permit fees, and establishing restricted access fisheries. (Amended by Stats. 2002, Ch. 559, Sec. 5. Effective January 1, 2003.)
  41. 7072.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 1.7. CONSERVATION AND MANAGEMENT OF MARINE LIVING RESOURCES [7050 - 7090] ( Part 1.7 added by Stats. 1998, Ch. 1052, Sec. 8. ) ## CHAPTER 5. Fishery Management Plans—General Policies [7070 - 7074] ( Chapter 5 added by Stats. 1998, Ch. 1052, Sec. 8. )

    Verify source ↗

    Fishery management plans must be the main basis for managing California sport and commercial marine fisheries, use the best available scientific and relevant information, and allocate harvest changes fairly. The commission must adopt a nearshore fishery plan by January 1, 2002 if funding is appropriated.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 1.7. CONSERVATION AND MANAGEMENT OF MARINE LIVING RESOURCES [7050 - 7090] ( Part 1.7 added by Stats. 1998, Ch. 1052, Sec. 8. ) ## CHAPTER 5. Fishery Management Plans—General Policies [7070 - 7074] ( Chapter 5 added by Stats. 1998, Ch. 1052, Sec. 8. ) ## 7072. (a) Fishery management plans shall form the primary basis for managing California’s sport and commercial marine fisheries. (b) Fishery management plans shall be based on the best scientific information that is available, on other relevant information that the department possesses, or on the scientific information or other relevant information that can be obtained without substantially delaying the preparation of the plan. (c) To the extent that conservation and management measures in a fishery management plan either increase or restrict the overall harvest or catch in a fishery, fishery management plans shall allocate those increases or restrictions fairly among recreational and commercial sectors participating in the fishery. (d) Consistent with Article 17 (commencing with Section 8585), the commission shall adopt a fishery management plan for the nearshore fishery on or before January 1, 2002, if funds are appropriated for that purpose in the annual Budget Act or pursuant to any other law. (Amended by Stats. 2002, Ch. 559, Sec. 6. Effective January 1, 2003.)
  42. 7073.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 1.7. CONSERVATION AND MANAGEMENT OF MARINE LIVING RESOURCES [7050 - 7090] ( Part 1.7 added by Stats. 1998, Ch. 1052, Sec. 8. ) ## CHAPTER 5. Fishery Management Plans—General Policies [7070 - 7074] ( Chapter 5 added by Stats. 1998, Ch. 1052, Sec. 8. )

    Verify source ↗

    The department must submit a master plan to the commission by September 1, 2001, and the commission must decide whether to adopt or reject it after a public hearing.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 1.7. CONSERVATION AND MANAGEMENT OF MARINE LIVING RESOURCES [7050 - 7090] ( Part 1.7 added by Stats. 1998, Ch. 1052, Sec. 8. ) ## CHAPTER 5. Fishery Management Plans—General Policies [7070 - 7074] ( Chapter 5 added by Stats. 1998, Ch. 1052, Sec. 8. ) ## 7073. (a) On or before September 1, 2001, the department shall submit to the commission for its approval a master plan that specifies the process and the resources needed to prepare, adopt, and implement fishery management plans for sport and commercial marine fisheries managed by the state. Consistent with Section 7059, the master plan shall be prepared with the advice, assistance, and involvement of participants in the various fisheries and their representatives, marine conservationists, marine scientists, and other interested persons. (b) The master plan shall include all of the following: (1) A list identifying the fisheries managed by the state, with individual fisheries assigned to fishery management plans as determined by the department according to conservation and management needs and consistent with subdivision (f) of Section 7056. (2) A priority list for preparation of fishery management plans. Highest priority shall be given to fisheries that the department determines have the greatest need for changes in conservation and management measures in order to comply with the policies and requirements set forth in this part. Fisheries for which the department determines that current management complies with the policies and requirements of this part shall be given the lowest priority. (3) A description of the research, monitoring, and data collection activities that the department conducts for marine fisheries and of any additional activities that might be needed for the department to acquire essential fishery information, with emphasis on the higher priority fisheries identified pursuant to paragraph (2). (4) A process consistent with Section 7059 that ensures the opportunity for meaningful involvement in the development of fishery management plans and research plans by fishery participants and their representatives, marine scientists, and other interested parties. (5) A process for periodic review and amendment of the master plan. (c) The commission shall adopt or reject the master plan or master plan amendment, in whole or in part, after a public hearing. If the commission rejects a part of the master plan or master plan amendment, the commission shall return that part to the department for revision and resubmission pursuant to the revision and resubmission procedures for fishery management plans as described in subdivision (a) of Section 7075. (Amended by Stats. 1999, Ch. 483, Sec. 13. Effective January 1, 2000.)
  43. 7074.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 1.7. CONSERVATION AND MANAGEMENT OF MARINE LIVING RESOURCES [7050 - 7090] ( Part 1.7 added by Stats. 1998, Ch. 1052, Sec. 8. ) ## CHAPTER 5. Fishery Management Plans—General Policies [7070 - 7074] ( Chapter 5 added by Stats. 1998, Ch. 1052, Sec. 8. )

    Verify source ↗

    The department must prepare interim fishery research protocols for at least three top-priority fisheries, use them until a management plan is in place, involve affected participants and experts, and submit them to peer review unless the department finds peer review unjustified.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 1.7. CONSERVATION AND MANAGEMENT OF MARINE LIVING RESOURCES [7050 - 7090] ( Part 1.7 added by Stats. 1998, Ch. 1052, Sec. 8. ) ## CHAPTER 5. Fishery Management Plans—General Policies [7070 - 7074] ( Chapter 5 added by Stats. 1998, Ch. 1052, Sec. 8. ) ## 7074. (a) The department shall prepare interim fishery research protocols for at least the three highest priority fisheries identified pursuant to paragraph (2) of subdivision (b) of Section 7073. An interim fishery protocol shall be used by the department until a fishery management plan is implemented for that fishery. (b) Consistent with Section 7059, each protocol shall be prepared with the advice, assistance, and involvement of participants in the various fisheries and their representatives, marine conservationists, marine scientists, and other interested persons. (c) Interim protocols shall be submitted to peer review as described in Section 7062 unless the department, pursuant to subdivision (d), determines that peer review of the interim protocol is not justified. For the purpose of peer review, interim protocols may be combined in the following circumstances: (1) For related fisheries. (2) For two or more interim protocols that the commission determines will require the same peer review expertise. (d) The commission, with the advice of the department, shall adopt criteria to be applied in determining whether an interim protocol may be exempted from peer review. (Amended by Stats. 1999, Ch. 483, Sec. 14. Effective January 1, 2000.)
  44. 7075.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 1.7. CONSERVATION AND MANAGEMENT OF MARINE LIVING RESOURCES [7050 - 7090] ( Part 1.7 added by Stats. 1998, Ch. 1052, Sec. 8. ) ## CHAPTER 6. Fishery Management Plan Preparation, Approval, and Regulations [7075 - 7078] ( Chapter 6 added by Stats. 1998, Ch. 1052, Sec. 8. )

    Verify source ↗

    The department must prepare fishery management plans and amendments, submit them to the commission, and usually send them for peer review first unless exempted.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 1.7. CONSERVATION AND MANAGEMENT OF MARINE LIVING RESOURCES [7050 - 7090] ( Part 1.7 added by Stats. 1998, Ch. 1052, Sec. 8. ) ## CHAPTER 6. Fishery Management Plan Preparation, Approval, and Regulations [7075 - 7078] ( Chapter 6 added by Stats. 1998, Ch. 1052, Sec. 8. ) ## 7075. (a) The department shall prepare fishery management plans and plan amendments, including any proposed regulations necessary to implement plans or plan amendments, to be submitted to the commission for adoption or rejection. Prior to submitting a plan or plan amendment, including any proposed regulations necessary for implementation, to the commission, the department shall submit the plan to peer review pursuant to Section 7062, unless the department determines that peer review of the plan or plan amendment may be exempted pursuant to subdivision (c). If the department makes that determination, it shall submit its reasons for that determination to the commission with the plan. If the commission rejects a plan or plan amendment, including proposed regulations necessary for implementation, the commission shall return the plan or plan amendment to the department for revision and resubmission together with a written statement of reasons for the rejection. The department shall revise and resubmit the plan or plan amendment to the commission within 90 days of the rejection. The revised plan or plan amendment shall be subject to the review and adoption requirements of this chapter. (b) The department may contract with qualified individuals or organizations to assist in the preparation of fishery management plans or plan amendments. (c) The commission, with the advice of the department and consistent with Section 7059, shall adopt criteria to be applied in determining whether a plan or plan amendment may be exempted from peer review. (d) Fishery participants and their representatives, fishery scientists, or other interested parties may propose plan provisions or plan amendments to the department or commission. The commission shall review any proposal submitted to the commission and may recommend to the department that the department develop a fishery management plan or plan amendment to incorporate the proposal. (Added by Stats. 1998, Ch. 1052, Sec. 8. Effective January 1, 1999.)
  45. 7076.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 1.7. CONSERVATION AND MANAGEMENT OF MARINE LIVING RESOURCES [7050 - 7090] ( Part 1.7 added by Stats. 1998, Ch. 1052, Sec. 8. ) ## CHAPTER 6. Fishery Management Plan Preparation, Approval, and Regulations [7075 - 7078] ( Chapter 6 added by Stats. 1998, Ch. 1052, Sec. 8. )

    Verify source ↗

    The department must seek advice and assistance when developing a fishery management plan, and must give the peer review panel any written comments it received if the plan or amendment goes to peer review.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 1.7. CONSERVATION AND MANAGEMENT OF MARINE LIVING RESOURCES [7050 - 7090] ( Part 1.7 added by Stats. 1998, Ch. 1052, Sec. 8. ) ## CHAPTER 6. Fishery Management Plan Preparation, Approval, and Regulations [7075 - 7078] ( Chapter 6 added by Stats. 1998, Ch. 1052, Sec. 8. ) ## 7076. (a) To the extent practicable, and consistent with Section 7059, the department shall seek advice and assistance in developing a fishery management plan from participants in the affected fishery, marine scientists, and other interested parties. The department shall also seek the advice and assistance of other persons or entities that it deems appropriate, which may include, but is not limited to, Sea Grant, the National Marine Fisheries Service, the Pacific States Marine Fisheries Commission, the Pacific Fishery Management Council, and any advisory committee of the department. (b) In the case of a fishery management plan or a plan amendment that is submitted to peer review, the department shall provide the peer review panel with any written comments on the plan or plan amendment that the department has received from fishery participants and other interested parties. (Added by Stats. 1998, Ch. 1052, Sec. 8. Effective January 1, 1999.)
  46. 7077.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 1.7. CONSERVATION AND MANAGEMENT OF MARINE LIVING RESOURCES [7050 - 7090] ( Part 1.7 added by Stats. 1998, Ch. 1052, Sec. 8. ) ## CHAPTER 6. Fishery Management Plan Preparation, Approval, and Regulations [7075 - 7078] ( Chapter 6 added by Stats. 1998, Ch. 1052, Sec. 8. )

    Verify source ↗

    The department must make certain fishery plans and related proposed regulations available for public review before a commission hearing, notify people who ask to be notified, and post specified materials on its website.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 1.7. CONSERVATION AND MANAGEMENT OF MARINE LIVING RESOURCES [7050 - 7090] ( Part 1.7 added by Stats. 1998, Ch. 1052, Sec. 8. ) ## CHAPTER 6. Fishery Management Plan Preparation, Approval, and Regulations [7075 - 7078] ( Chapter 6 added by Stats. 1998, Ch. 1052, Sec. 8. ) ## 7077. A fishery management plan or plan amendment, or proposed regulations necessary for implementation of a plan or plan amendment, developed by the department shall be available to the public for review at least 30 days prior to a hearing on the management plan or plan amendment by the commission. Persons requesting to be notified of the availability of the plan shall be notified in sufficient time to allow them to review and submit comments at or prior to a hearing. Proposed plans and plan amendments and hearing schedules and agendas shall be posted on the department’s Internet website. (Added by Stats. 1998, Ch. 1052, Sec. 8. Effective January 1, 1999.)
  47. 7078.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 1.7. CONSERVATION AND MANAGEMENT OF MARINE LIVING RESOURCES [7050 - 7090] ( Part 1.7 added by Stats. 1998, Ch. 1052, Sec. 8. ) ## CHAPTER 6. Fishery Management Plan Preparation, Approval, and Regulations [7075 - 7078] ( Chapter 6 added by Stats. 1998, Ch. 1052, Sec. 8. )

    Verify source ↗

    The commission must hold at least two public hearings on a fishery management plan or plan amendment before adopting or rejecting it, and it must hear the plan within 60 days after receipt.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 1.7. CONSERVATION AND MANAGEMENT OF MARINE LIVING RESOURCES [7050 - 7090] ( Part 1.7 added by Stats. 1998, Ch. 1052, Sec. 8. ) ## CHAPTER 6. Fishery Management Plan Preparation, Approval, and Regulations [7075 - 7078] ( Chapter 6 added by Stats. 1998, Ch. 1052, Sec. 8. ) ## 7078. (a) The commission shall hold at least two public hearings on a fishery management plan or plan amendment prior to the commission’s adoption or rejection of the plan. (b) The plan or plan amendment shall be heard not later than 60 days following receipt of the plan or plan amendment by the commission. The commission may adopt the plan or plan amendment at the second public hearing, at the commission’s meeting following the second public hearing, or at any duly noticed subsequent meeting, subject to subdivision (c). (c) When scheduling the location of a hearing or meeting relating to a fishery management plan or plan amendment, the commission shall consider factors, including, among other factors, the area of the state, if any, where participants in the fishery are concentrated. (d) Notwithstanding Section 7550.5 of the Government Code, prior to the adoption of a fishery management plan or plan amendment that would make inoperative a statute, the commission shall provide a copy of the plan or plan amendment to the Legislature for review by the Joint Committee on Fisheries and Aquaculture or, if there is no such committee, to the appropriate policy committee in each house of the Legislature. (e) The commission shall adopt any regulations necessary to implement a fishery plan or plan amendment no more than 60 days following adoption of the plan or plan amendment. All implementing regulations adopted under this subdivision shall be adopted as a regulation pursuant to the rulemaking provisions of the Administrative Procedure Act, Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code. The commission’s adoption of regulations to implement a fishery management plan or plan amendment shall not trigger an additional review process under the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code). (f) Regulations adopted by the commission to implement a plan or plan amendment shall specify any statute or regulation of the commission that is to become inoperative as to the particular fishery. The list shall designate each statute or regulation by individual section number, rather than by reference to articles or chapters. (Added by Stats. 1998, Ch. 1052, Sec. 8. Effective January 1, 1999.)
  48. 7080.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 1.7. CONSERVATION AND MANAGEMENT OF MARINE LIVING RESOURCES [7050 - 7090] ( Part 1.7 added by Stats. 1998, Ch. 1052, Sec. 8. ) ## CHAPTER 7. Contents of Fishery Management Plans [7080 - 7088] ( Chapter 7 added by Stats. 1998, Ch. 1052, Sec. 8. )

    Verify source ↗

    The department must make each fishery management plan include a summary of readily available information about the fishery.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 1.7. CONSERVATION AND MANAGEMENT OF MARINE LIVING RESOURCES [7050 - 7090] ( Part 1.7 added by Stats. 1998, Ch. 1052, Sec. 8. ) ## CHAPTER 7. Contents of Fishery Management Plans [7080 - 7088] ( Chapter 7 added by Stats. 1998, Ch. 1052, Sec. 8. ) ## 7080. Consistent with subdivision (b) of Section 7072, each fishery management plan prepared by the department shall summarize readily available information about the fishery including, but not limited to, all of the following: (a) The species of fish and their location, number of vessels and participants involved, fishing effort, historical landings in the sport and commercial sectors, and a history of conservation and management measures affecting the fishery. (b) The natural history and population dynamics of the target species and the effects of changing oceanic conditions on the target species. (c)The habitat for the fishery and known threats to the habitat. (d) The ecosystem role of the target species and the relationship of the fishery to the ecosystem role of the target species. (e) Economic and social factors related to the fishery. (Added by Stats. 1998, Ch. 1052, Sec. 8. Effective January 1, 1999.)
  49. 7081.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 1.7. CONSERVATION AND MANAGEMENT OF MARINE LIVING RESOURCES [7050 - 7090] ( Part 1.7 added by Stats. 1998, Ch. 1052, Sec. 8. ) ## CHAPTER 7. Contents of Fishery Management Plans [7080 - 7088] ( Chapter 7 added by Stats. 1998, Ch. 1052, Sec. 8. )

    Verify source ↗

    The department must include a fishery research protocol in each fishery management plan or plan amendment, and the protocol must cover monitoring, essential fishery information, and ongoing data collection/research steps.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 1.7. CONSERVATION AND MANAGEMENT OF MARINE LIVING RESOURCES [7050 - 7090] ( Part 1.7 added by Stats. 1998, Ch. 1052, Sec. 8. ) ## CHAPTER 7. Contents of Fishery Management Plans [7080 - 7088] ( Chapter 7 added by Stats. 1998, Ch. 1052, Sec. 8. ) ## 7081. Consistent with subdivision (b) of Section 7072, each fishery management plan or plan amendment prepared by the department shall include a fishery research protocol that does all of the following: (a) Describe past and ongoing monitoring of the fishery. (b) Identify essential fishery information for the fishery, including, but not limited to, age and growth, minimum size at maturity, spawning season, age structure of the population, and, if essential fishery information is lacking, identify the additional information needed and the resources and time necessary to acquire the information. (c) Indicate the steps the department shall take to monitor the fishery and to obtain essential fishery information, including the data collection and research methodologies, on an ongoing basis. (Added by Stats. 1998, Ch. 1052, Sec. 8. Effective January 1, 1999.)
  50. 7082.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 1.7. CONSERVATION AND MANAGEMENT OF MARINE LIVING RESOURCES [7050 - 7090] ( Part 1.7 added by Stats. 1998, Ch. 1052, Sec. 8. ) ## CHAPTER 7. Contents of Fishery Management Plans [7080 - 7088] ( Chapter 7 added by Stats. 1998, Ch. 1052, Sec. 8. )

    Verify source ↗

    The department must include necessary and appropriate conservation and management measures in each fishery management plan or plan amendment.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 1.7. CONSERVATION AND MANAGEMENT OF MARINE LIVING RESOURCES [7050 - 7090] ( Part 1.7 added by Stats. 1998, Ch. 1052, Sec. 8. ) ## CHAPTER 7. Contents of Fishery Management Plans [7080 - 7088] ( Chapter 7 added by Stats. 1998, Ch. 1052, Sec. 8. ) ## 7082. Each fishery management plan or plan amendment prepared by the department shall contain the measures necessary and appropriate for the conservation and management of the fishery according to the policies and other requirements in this part. The measures may include, but are not limited to, all of the following: (a) Limitations on the fishery based on area, time, amount of catch, species, size, sex, type or amount of gear, or other factors. (b) Creation or modification of a restricted access fishery that contributes to a more orderly and sustainable fishery. (c) A procedure to establish and to periodically review and revise a catch quota in any fishery for which there is a catch quota. (d) Requirement for a personal, gear, or vessel permit and reasonable fees. (Added by Stats. 1998, Ch. 1052, Sec. 8. Effective January 1, 1999.)
  51. 7083.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 1.7. CONSERVATION AND MANAGEMENT OF MARINE LIVING RESOURCES [7050 - 7090] ( Part 1.7 added by Stats. 1998, Ch. 1052, Sec. 8. ) ## CHAPTER 7. Contents of Fishery Management Plans [7080 - 7088] ( Chapter 7 added by Stats. 1998, Ch. 1052, Sec. 8. )

    Verify source ↗

    The department must include qualifying conservation and management measures in each fishery management plan, and if it adds extra measures, it must summarize their expected effects.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 1.7. CONSERVATION AND MANAGEMENT OF MARINE LIVING RESOURCES [7050 - 7090] ( Part 1.7 added by Stats. 1998, Ch. 1052, Sec. 8. ) ## CHAPTER 7. Contents of Fishery Management Plans [7080 - 7088] ( Chapter 7 added by Stats. 1998, Ch. 1052, Sec. 8. ) ## 7083. (a) Each fishery management plan prepared by the department shall incorporate the existing conservation and management measures provided in this code that are determined by the department to result in a sustainable fishery. (b) If additional conservation and management measures are included in the plan, the department shall, consistent with subdivision (b) of Section 7072, summarize anticipated effects of those measures on relevant fish populations and habitats, on fishery participants, and on coastal communities and businesses that rely on the fishery. (Added by Stats. 1998, Ch. 1052, Sec. 8. Effective January 1, 1999.)
  52. 7084.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 1.7. CONSERVATION AND MANAGEMENT OF MARINE LIVING RESOURCES [7050 - 7090] ( Part 1.7 added by Stats. 1998, Ch. 1052, Sec. 8. ) ## CHAPTER 7. Contents of Fishery Management Plans [7080 - 7088] ( Chapter 7 added by Stats. 1998, Ch. 1052, Sec. 8. )

    Verify source ↗

    Fishery management plans and amendments for certain fisheries must include practicable measures to minimize fishing-related habitat harm.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 1.7. CONSERVATION AND MANAGEMENT OF MARINE LIVING RESOURCES [7050 - 7090] ( Part 1.7 added by Stats. 1998, Ch. 1052, Sec. 8. ) ## CHAPTER 7. Contents of Fishery Management Plans [7080 - 7088] ( Chapter 7 added by Stats. 1998, Ch. 1052, Sec. 8. ) ## 7084. (a) Consistent with subdivision (b) of Section 7072, each fishery management plan or plan amendment prepared by the department for a fishery that the department has determined has adverse effects on marine fishery habitat shall include measures that, to the extent practicable, minimize adverse effects on habitat caused by fishing. (b) Subdivision (a) does not apply to activities regulated by Chapter 6 (commencing with Section 6650) of Part 1. (Added by Stats. 1998, Ch. 1052, Sec. 8. Effective January 1, 1999.)
  53. 7085.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 1.7. CONSERVATION AND MANAGEMENT OF MARINE LIVING RESOURCES [7050 - 7090] ( Part 1.7 added by Stats. 1998, Ch. 1052, Sec. 8. ) ## CHAPTER 7. Contents of Fishery Management Plans [7080 - 7088] ( Chapter 7 added by Stats. 1998, Ch. 1052, Sec. 8. )

    Verify source ↗

    Fishery management plans and plan amendments prepared by the department for fisheries with bycatch must include bycatch information, an analysis of bycatch, and, when bycatch amounts or types are unacceptable, conservation and management measures.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 1.7. CONSERVATION AND MANAGEMENT OF MARINE LIVING RESOURCES [7050 - 7090] ( Part 1.7 added by Stats. 1998, Ch. 1052, Sec. 8. ) ## CHAPTER 7. Contents of Fishery Management Plans [7080 - 7088] ( Chapter 7 added by Stats. 1998, Ch. 1052, Sec. 8. ) ## 7085. Consistent with subdivision (b) of Section 7072, each fishery management plan or plan amendment prepared by the department, in fisheries in which bycatch occurs, shall include all of the following: (a) Information on the amount and type of bycatch. (b) Analysis of the amount and type of bycatch based on the following criteria: (1) Legality of the bycatch under any relevant law. (2) Degree of threat to the sustainability of the bycatch species. (3) Impacts on fisheries that target the bycatch species. (4) Ecosystem impacts. (c) In the case of unacceptable amounts or types of bycatch, conservation and management measures that, in the following priority, do the following: (1) Minimize bycatch. (2) Minimize mortality of discards that cannot be avoided. (Added by Stats. 1998, Ch. 1052, Sec. 8. Effective January 1, 1999.)
  54. 7086.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 1.7. CONSERVATION AND MANAGEMENT OF MARINE LIVING RESOURCES [7050 - 7090] ( Part 1.7 added by Stats. 1998, Ch. 1052, Sec. 8. ) ## CHAPTER 7. Contents of Fishery Management Plans [7080 - 7088] ( Chapter 7 added by Stats. 1998, Ch. 1052, Sec. 8. )

    Verify source ↗

    Fishery management plans and amendments must set criteria for identifying overfished fisheries, include measures to stop and rebuild overfishing cases, and set a time period and allocation rules.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 1.7. CONSERVATION AND MANAGEMENT OF MARINE LIVING RESOURCES [7050 - 7090] ( Part 1.7 added by Stats. 1998, Ch. 1052, Sec. 8. ) ## CHAPTER 7. Contents of Fishery Management Plans [7080 - 7088] ( Chapter 7 added by Stats. 1998, Ch. 1052, Sec. 8. ) ## 7086. (a) Consistent with subdivision (b) of Section 7072, each fishery management plan or plan amendment prepared by the department shall specify criteria for identifying when the fishery is overfished. (b) In the case of a fishery management plan for a fishery that has been determined to be overfished or in which overfishing is occurring, the fishery management plan shall contain measures to prevent, end, or otherwise appropriately address overfishing and to rebuild the fishery. (c) Any fishery management plan, plan amendment, or regulation prepared pursuant to subdivision (b), shall do both of the following: (1) Specify a time period for preventing or ending or otherwise appropriately addressing overfishing and rebuilding the fishery that shall be as short as possible, and shall not exceed 10 years except in cases where the biology of the population of fish or other environmental conditions dictate otherwise. (2) Allocate both overfishing restrictions and recovery benefits fairly and equitably among sectors of the fishery. (Added by Stats. 1998, Ch. 1052, Sec. 8. Effective January 1, 1999.)
  55. 7087.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 1.7. CONSERVATION AND MANAGEMENT OF MARINE LIVING RESOURCES [7050 - 7090] ( Part 1.7 added by Stats. 1998, Ch. 1052, Sec. 8. ) ## CHAPTER 7. Contents of Fishery Management Plans [7080 - 7088] ( Chapter 7 added by Stats. 1998, Ch. 1052, Sec. 8. )

    Verify source ↗

    Fishery management plans must include a review-and-amendment procedure, and plans or amendments must specify which regulations the department may adopt without another plan amendment.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 1.7. CONSERVATION AND MANAGEMENT OF MARINE LIVING RESOURCES [7050 - 7090] ( Part 1.7 added by Stats. 1998, Ch. 1052, Sec. 8. ) ## CHAPTER 7. Contents of Fishery Management Plans [7080 - 7088] ( Chapter 7 added by Stats. 1998, Ch. 1052, Sec. 8. ) ## 7087. (a) Each fishery management plan prepared by the department shall include a procedure for review and amendment of the plan, as necessary. (b) Each fishery management plan or plan amendment prepared by the department shall specify the types of regulations that the department may adopt without a plan amendment. (Added by Stats. 1998, Ch. 1052, Sec. 8. Effective January 1, 1999.)
  56. 7088.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 1.7. CONSERVATION AND MANAGEMENT OF MARINE LIVING RESOURCES [7050 - 7090] ( Part 1.7 added by Stats. 1998, Ch. 1052, Sec. 8. ) ## CHAPTER 7. Contents of Fishery Management Plans [7080 - 7088] ( Chapter 7 added by Stats. 1998, Ch. 1052, Sec. 8. )

    Verify source ↗

    Fishery management plans and plan amendments must list any statutes and regulations that will become inoperative for the covered fishery when the commission adopts implementing regulations.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 1.7. CONSERVATION AND MANAGEMENT OF MARINE LIVING RESOURCES [7050 - 7090] ( Part 1.7 added by Stats. 1998, Ch. 1052, Sec. 8. ) ## CHAPTER 7. Contents of Fishery Management Plans [7080 - 7088] ( Chapter 7 added by Stats. 1998, Ch. 1052, Sec. 8. ) ## 7088. Each fishery management plan and plan amendment shall include a list of any statutes and regulations that shall become inoperative, as to the particular fishery covered by the fishery management plan or plan amendment, upon the commission’s adoption of implementing regulations for that fishery management plan or plan amendment. (Added by Stats. 1998, Ch. 1052, Sec. 8. Effective January 1, 1999.)
  57. 709.

    ## Fish and Game Code - FGC ## DIVISION 2. DEPARTMENT OF FISH AND WILDLIFE [700 - 1958] ( Heading of Division 2 amended by Stats. 2015, Ch. 154, Sec. 21. ) ## CHAPTER 1. Organization and General Functions [700 - 715] ( Chapter 1 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 1. Generally [700 - 715] ( Article 1 enacted by Stats. 1957, Ch. 456. )

    Verify source ↗

    A department-designated nonprofit helping sell certain fundraising tags may keep 5% of the tag sale price as a vendor fee.

    ## Fish and Game Code - FGC ## DIVISION 2. DEPARTMENT OF FISH AND WILDLIFE [700 - 1958] ( Heading of Division 2 amended by Stats. 2015, Ch. 154, Sec. 21. ) ## CHAPTER 1. Organization and General Functions [700 - 715] ( Chapter 1 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 1. Generally [700 - 715] ( Article 1 enacted by Stats. 1957, Ch. 456. ) ## 709. A nonprofit organization designated by the department to assist in the sale of deer, elk, antelope, or bighorn sheep fundraising tags that are sold on behalf of the department for the purpose of raising funds for specified programs and projects, pursuant to subdivision (c) of Section 331, subdivision (d) of Section 332, subdivision (a) of Section 4334, or subdivision (d) of Section 4902, is authorized to retain 5 percent of the amount of the sale price of the tag as a reasonable vendor fee. (Added by Stats. 2014, Ch. 467, Sec. 2. (AB 2105) Effective January 1, 2015.)
  58. 7090.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 1.7. CONSERVATION AND MANAGEMENT OF MARINE LIVING RESOURCES [7050 - 7090] ( Part 1.7 added by Stats. 1998, Ch. 1052, Sec. 8. ) ## CHAPTER 8. Emerging Fisheries [7090- 7090.] ( Heading of Chapter 8 amended by Stats. 1999, Ch. 483, Sec. 15. )

    Verify source ↗

    The commission must manage emerging fisheries, the department must monitor and report them, and fishery plans for emerging fisheries must include an evaluation period and research plan.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 1.7. CONSERVATION AND MANAGEMENT OF MARINE LIVING RESOURCES [7050 - 7090] ( Part 1.7 added by Stats. 1998, Ch. 1052, Sec. 8. ) ## CHAPTER 8. Emerging Fisheries [7090- 7090.] ( Heading of Chapter 8 amended by Stats. 1999, Ch. 483, Sec. 15. ) ## 7090. (a) The Legislature finds and declares that a proactive approach to management of emerging fisheries will foster a healthy marine environment and will benefit both commercial and sport fisheries and other marine-dependent activities. Therefore, the commission, based upon the advice and recommendations of the department, shall encourage, manage, and regulate emerging fisheries consistent with the policies of this part. (b) For purposes of this section, “emerging fishery,” in regard to a marine fishery, means both of the following: (1) A fishery that the director has determined is an emerging fishery, based on criteria that are approved by the commission and are related to a trend of increased landings or participants in the fishery and the degree of existing regulation of the fishery. (2) A fishery that is not an established fishery. “Established fishery,” in regard to a marine fishery, means, prior to January 1, 1999, one or more of the following: (A) A restricted access fishery has been established in this code or in regulations adopted by the commission. (B) A fishery, for which a federal fishery management plan exists, and in which the catch is limited within a designated time period. (C) A fishery for which a population estimate and catch quota is established annually. (D) A fishery for which regulations for the fishery are considered at least biennially by the commission. (E) A fishery for which this code or regulations adopted by the commission prescribes at least two management measures developed for the purpose of sustaining the fishery. Management measures include minimum or maximum size limits, seasons, time, gear, area restriction, and prohibition on sale or possession of fish. (c) The department shall closely monitor landings and other factors it deems relevant in each emerging fishery and shall notify the commission of the existence of an emerging fishery. (d) The commission, upon the recommendation of the department, may do either, or both, of the following: (1) Adopt regulations that limit taking in the fishery by means that may include, but not be limited to, restricting landings, time, area, gear, or access. These regulations may remain in effect until a fishery management plan is adopted. (2) Direct the department to prepare a fishery management plan for the fishery and regulations necessary to implement the plan. (e) A fishery management plan for an emerging fishery shall comply with the requirements for preparing and adopting fishery management plans contained in this part. In addition to those requirements, to allow for adequate evaluation of the fishery and the acquisition of essential fishery information, the fishery management plan shall provide an evaluation period, which shall not exceed three years unless extended by the commission. During the evaluation period, the plan shall do both of the following: (1) In order to prevent excess fishing effort during the evaluation period, limit taking in the fishery by means that may include, but need not be limited to, restricting landings, time, area, gear, or access to a level that the department determines is necessary for evaluation of the fishery. (2) Contain a research plan that includes objectives for evaluating the fishery, a description of the methods and data collection techniques for evaluating the fishery, and a timetable for completing the evaluation. (f) The commission is authorized to impose a fee on an emerging fishery in order to pay the costs of implementing this chapter. The fees may include, but need not be limited to, ocean fishing stamps and permit fees. The fees may not be levied in excess of the necessary costs to implement and administer this chapter. The commission may reduce fees annually if it determines that sufficient revenues exist to cover costs incurred by the department in administering this chapter. The commission and the department, with the advice of fishery participants and other interested parties, shall consider alternative ways to fund the evaluation of emerging fisheries. (g) An emerging fishery is subject to this section unless the department incorporates the fishery into a fishery management plan developed under Sections 7070 to 7088, inclusive. (h) In the event that this section is found to conflict with Section 1022, this section shall prevail. (Amended by Stats. 2023, Ch. 132, Sec. 127. (AB 1760) Effective January 1, 2024.)
  59. 710.

    ## Fish and Game Code - FGC ## DIVISION 2. DEPARTMENT OF FISH AND WILDLIFE [700 - 1958] ( Heading of Division 2 amended by Stats. 2015, Ch. 154, Sec. 21. ) ## CHAPTER 1. Organization and General Functions [700 - 715] ( Chapter 1 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 1. Generally [700 - 715] ( Article 1 enacted by Stats. 1957, Ch. 456. )

    Verify source ↗

    The Legislature states that the department has been underfunded and that this has affected its ability to carry out its mandates, enforcement, land management, and conservation work.

    ## Fish and Game Code - FGC ## DIVISION 2. DEPARTMENT OF FISH AND WILDLIFE [700 - 1958] ( Heading of Division 2 amended by Stats. 2015, Ch. 154, Sec. 21. ) ## CHAPTER 1. Organization and General Functions [700 - 715] ( Chapter 1 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 1. Generally [700 - 715] ( Article 1 enacted by Stats. 1957, Ch. 456. ) ## 710. The Legislature finds and declares that the department has in the past not been adequately funded to meet its mandates. The principal causes have been the fixed nature of the department’s revenues in contrast with the rising costs resulting from inflation, the increased burden on the department to carry out its public trust responsibilities, and additional responsibilities placed on the department by the Legislature. This lack of funding has prevented proper planning and manpower allocation. The lack of funding has required the department to restrict warden enforcement and to defer essential management of lands acquired for wildlife conservation. The lack of funding for fish and wildlife conservation activities other than sport and commercial fishing and hunting activities has resulted in inadequate wildlife and habitat conservation and wildlife protection programs. (Amended by Stats. 2006, Ch. 667, Sec. 9. Effective January 1, 2007.)
  60. 710.5.

    ## Fish and Game Code - FGC ## DIVISION 2. DEPARTMENT OF FISH AND WILDLIFE [700 - 1958] ( Heading of Division 2 amended by Stats. 2015, Ch. 154, Sec. 21. ) ## CHAPTER 1. Organization and General Functions [700 - 715] ( Chapter 1 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 1. Generally [700 - 715] ( Article 1 enacted by Stats. 1957, Ch. 456. )

    Verify source ↗

    The department should continue to be funded by user fees, and it must secure a significant increase in reliable funding beyond user fees to fulfill its mandates.

    ## Fish and Game Code - FGC ## DIVISION 2. DEPARTMENT OF FISH AND WILDLIFE [700 - 1958] ( Heading of Division 2 amended by Stats. 2015, Ch. 154, Sec. 21. ) ## CHAPTER 1. Organization and General Functions [700 - 715] ( Chapter 1 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 1. Generally [700 - 715] ( Article 1 enacted by Stats. 1957, Ch. 456. ) ## 710.5. (a) The Legislature finds and declares that the department continues to be inadequately funded to meet its mandates. While revenues have been declining, the department’s responsibilities have increased in order to protect public trust resources in the face of increasing population and resource management demands. The department’s revenues have been limited due to a failure to maximize user fees and inadequate non-fee-related funding. The limited department revenues have resulted in the inability of the department to effectively provide all of the programs and activities required under this code and to manage the wildlife resources held in trust by the department for the people of the state. (b) The Legislature further finds and declares that the department has been largely supported by fees paid by those who utilize the resources held in trust by the department. It is the intent of the Legislature that, to the extent feasible, the department should continue to be funded by user fees. All fees collected by the department, including, but not limited to, recreational hunting and fishing licenses, landing fees, commercial licenses, permits and entitlements, and other fees for use of the resources regulated or managed by the department, are user fees. To the extent that these fees are appropriated through the Budget Act for the purposes for which they are collected to provide services to the people of the State of California, these user fees are not subject to Article XIII B of the California Constitution. (c) The Legislature further finds and declares that user fees are not sufficient to fund all of the department’s mandates. To fulfill its mandates, the department must secure a significant increase in reliable funding, in addition to user fees. (Amended by Stats. 2017, Ch. 26, Sec. 2. (SB 92) Effective June 27, 2017.)
  61. 710.7.

    ## Fish and Game Code - FGC ## DIVISION 2. DEPARTMENT OF FISH AND WILDLIFE [700 - 1958] ( Heading of Division 2 amended by Stats. 2015, Ch. 154, Sec. 21. ) ## CHAPTER 1. Organization and General Functions [700 - 715] ( Chapter 1 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 1. Generally [700 - 715] ( Article 1 enacted by Stats. 1957, Ch. 456. )

    Verify source ↗

    The Legislature states that the department should work with specified groups to identify and propose new revenue sources for marine conservation and related department responsibilities.

    ## Fish and Game Code - FGC ## DIVISION 2. DEPARTMENT OF FISH AND WILDLIFE [700 - 1958] ( Heading of Division 2 amended by Stats. 2015, Ch. 154, Sec. 21. ) ## CHAPTER 1. Organization and General Functions [700 - 715] ( Chapter 1 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 1. Generally [700 - 715] ( Article 1 enacted by Stats. 1957, Ch. 456. ) ## 710.7. (a) The Legislature finds and declares all of the following: (1) The department continues to face serious funding instability due to revenue declines from traditional user fees and taxes and the addition of new and expanded program responsibilities. (2) Historically, the recreational and commercial fishing industry has funded much of the department’s marine fisheries activities. (3) As the state’s population grows and development changes historic land uses, fish and wildlife continue to be depleted, necessitating a significant portion of the department’s activities to be directed toward protecting fish and wildlife for the benefit of the people of the state. (b) It is the intent of the Legislature to extend the current user-based funding system by allocating a portion of the marine resource protection costs to those who use and benefit from recreational and commercial use of the marine resources. (c) It is the Legislature’s intent that, notwithstanding Section 711, the department shall cooperate with the Legislature, recreational users, conservation organizations, the commercial fishing industry, and other interested parties to identify and propose new alternative sources of revenue to fund the department’s necessary marine conservation, restoration, and resources management, and protection responsibilities. (d) It is further the intent of the Legislature to identify new funding sources and to secure those sources to adequately fund the department’s activities directed at protecting and managing wildlife for the people of the state. (Amended by Stats. 2006, Ch. 667, Sec. 11. Effective January 1, 2007.)
  62. 7100.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 2. SPORT FISHING [7100 - 7400] ( Part 2 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1. Generally [7100 - 7232] ( Chapter 1 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 1. Application of Part [7100- 7100.] ( Article 1 enacted by Stats. 1957, Ch. 456. )

    Verify source ↗

    This part applies to taking and possessing fish only when the purpose is not commercial.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 2. SPORT FISHING [7100 - 7400] ( Part 2 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1. Generally [7100 - 7232] ( Chapter 1 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 1. Application of Part [7100- 7100.] ( Article 1 enacted by Stats. 1957, Ch. 456. ) ## 7100. The provisions of this part apply to the taking and possession of fish for any purpose other than commercial. (Enacted by Stats. 1957, Ch. 456.)
  63. 711.

    ## Fish and Game Code - FGC ## DIVISION 2. DEPARTMENT OF FISH AND WILDLIFE [700 - 1958] ( Heading of Division 2 amended by Stats. 2015, Ch. 154, Sec. 21. ) ## CHAPTER 1. Organization and General Functions [700 - 715] ( Chapter 1 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 1. Generally [700 - 715] ( Article 1 enacted by Stats. 1957, Ch. 456. )

    Verify source ↗

    The Legislature directs funding rules for several fish and wildlife programs, bars certain funds from being used for other programs, and requires a budget report and cost allocation update.

    ## Fish and Game Code - FGC ## DIVISION 2. DEPARTMENT OF FISH AND WILDLIFE [700 - 1958] ( Heading of Division 2 amended by Stats. 2015, Ch. 154, Sec. 21. ) ## CHAPTER 1. Organization and General Functions [700 - 715] ( Chapter 1 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 1. Generally [700 - 715] ( Article 1 enacted by Stats. 1957, Ch. 456. ) ## 711. (a) It is the intent of the Legislature to ensure adequate funding from appropriate sources for the department. To this end, the Legislature finds and declares that: (1) The costs of nongame fish and wildlife programs shall be provided annually in the Budget Act by appropriating money from the General Fund, through nongame user fees, and sources other than the Fish and Game Preservation Fund to the department for these purposes. (2) The costs of commercial fishing programs shall be provided out of revenues from commercial fishing landing fees, license fees, and other revenues, from reimbursements and federal funds received for commercial fishing programs, and other funds appropriated by the Legislature for this purpose. (3) The costs of hunting and sportfishing programs shall be provided out of hunting and sportfishing revenues and reimbursements and federal funds received for hunting and sportfishing programs, and other funds appropriated by the Legislature for this purpose. These revenues, reimbursements, and federal funds shall not be used to support commercial fishing programs, free hunting and fishing license programs, or nongame fish and wildlife programs. (4) The costs of managing lands managed by the department and the costs of wildlife management programs shall be supplemented out of revenues in the Native Species Conservation and Enhancement Account in the Fish and Game Preservation Fund. (5) Hunting, sportfishing, and sport ocean fishing license fees shall be adjusted annually to an amount equal to that computed pursuant to Section 713. However, a substantial increase in the aggregate of hunting and sportfishing programs shall be reflected by appropriate amendments to the sections of this code that establish the base sport license fee levels. The inflationary index provided in Section 713 shall not be used to accommodate a substantial increase in the aggregate of hunting and sportfishing programs. (6) The costs of a conservation and mitigation banking program, including, but not limited to, costs incurred by the department during its adoption of guidelines for, and the review, approval, establishment, monitoring, and oversight of, banks, shall be reimbursed from revenues of conservation and mitigation bank application fees imposed pursuant to Sections 1798.5, 1798.6, and 1799. (b) The director and the Secretary of the Natural Resources Agency, with the department’s annual budget submittal to the Legislature, shall submit a report on the fund condition, including the expenditures and revenue, for all accounts and subaccounts within the Fish and Game Preservation Fund. The department shall also update its cost allocation plan to reflect the costs of program activities. (c) For purposes of this section, “substantial increase” means an increase in excess of 5 percent of the Fish and Game Preservation Fund portion of the department’s current year support budget, excluding cost-of-living increases provided for salaries, staff benefits, and operating expenses. (Amended by Stats. 2023, Ch. 132, Sec. 12. (AB 1760) Effective January 1, 2024.)
  64. 711.1.

    ## Fish and Game Code - FGC ## DIVISION 2. DEPARTMENT OF FISH AND WILDLIFE [700 - 1958] ( Heading of Division 2 amended by Stats. 2015, Ch. 154, Sec. 21. ) ## CHAPTER 1. Organization and General Functions [700 - 715] ( Chapter 1 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 1. Generally [700 - 715] ( Article 1 enacted by Stats. 1957, Ch. 456. )

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    The department must use and administer certain federal wildlife restoration grant money consistently with the federal act, prioritize qualifying projects when applying for those grants, post project or program summaries and budgets on its website, and consult relevant advisory committees on funded projects.

    ## Fish and Game Code - FGC ## DIVISION 2. DEPARTMENT OF FISH AND WILDLIFE [700 - 1958] ( Heading of Division 2 amended by Stats. 2015, Ch. 154, Sec. 21. ) ## CHAPTER 1. Organization and General Functions [700 - 715] ( Chapter 1 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 1. Generally [700 - 715] ( Article 1 enacted by Stats. 1957, Ch. 456. ) ## 711.1. (a) The expenditure of all federal grant moneys made available to the state pursuant to the Federal Aid in Wildlife Restoration Act (16 U.S.C. Sec. 669 et seq.) shall be consistent with that act. (b) In applying for federal grant moneys available pursuant to the Federal Aid in Wildlife Restoration Act, the department shall give priority to projects that fulfill one or more of the following purposes: (1) Management of the department’s wildlife areas or other lands open to the public for hunting and other public priority uses listed in paragraph (1) of subdivision (d) of Section 1745. (2) Conservation of, or scientific research concerning, wildlife or wildlife habitat. (3) Support of the department’s hunting-related programs, including hunter education, public access, and target shooting. (c) The department shall post a brief description of projects or programs funded by moneys received pursuant to the Federal Aid in Wildlife Restoration Act on its Internet Web site. The description shall include information about the budget of each project or program. (d) The department shall consult with any of the advisory committees established pursuant to Sections 3684, 3702.1, and 3953 regarding all projects funded by the Federal Aid in Wildlife Restoration Act that are relevant to the committee or committees. (Added by Stats. 2014, Ch. 259, Sec. 1. (SB 1434) Effective January 1, 2015.)
  65. 711.2.

    ## Fish and Game Code - FGC ## DIVISION 2. DEPARTMENT OF FISH AND WILDLIFE [700 - 1958] ( Heading of Division 2 amended by Stats. 2015, Ch. 154, Sec. 21. ) ## CHAPTER 1. Organization and General Functions [700 - 715] ( Chapter 1 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 1. Generally [700 - 715] ( Article 1 enacted by Stats. 1957, Ch. 456. )

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    This section defines “project” and broadens the meaning of “person” for this article.

    ## Fish and Game Code - FGC ## DIVISION 2. DEPARTMENT OF FISH AND WILDLIFE [700 - 1958] ( Heading of Division 2 amended by Stats. 2015, Ch. 154, Sec. 21. ) ## CHAPTER 1. Organization and General Functions [700 - 715] ( Chapter 1 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 1. Generally [700 - 715] ( Article 1 enacted by Stats. 1957, Ch. 456. ) ## 711.2. (a) For purposes of this code, unless the context otherwise requires, “project” has the same meaning as defined in Section 21065 of the Public Resources Code. (b) For purposes of this article, “person” includes any individual, firm, association, organization, partnership, business, trust, corporation, limited liability company, company, district, city, county, city and county, town, the state, and any of the agencies of those entities. (Amended by Stats. 2015, Ch. 154, Sec. 23. (AB 1527) Effective January 1, 2016.)
  66. 711.4.

    ## Fish and Game Code - FGC ## DIVISION 2. DEPARTMENT OF FISH AND WILDLIFE [700 - 1958] ( Heading of Division 2 amended by Stats. 2015, Ch. 154, Sec. 21. ) ## CHAPTER 1. Organization and General Functions [700 - 715] ( Chapter 1 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 1. Generally [700 - 715] ( Article 1 enacted by Stats. 1957, Ch. 456. )

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    The department must collect filing fees for CEQA projects, and project applicants and public agencies subject to CEQA must pay them unless a stated exception applies.

    ## Fish and Game Code - FGC ## DIVISION 2. DEPARTMENT OF FISH AND WILDLIFE [700 - 1958] ( Heading of Division 2 amended by Stats. 2015, Ch. 154, Sec. 21. ) ## CHAPTER 1. Organization and General Functions [700 - 715] ( Chapter 1 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 1. Generally [700 - 715] ( Article 1 enacted by Stats. 1957, Ch. 456. ) ## 711.4. (a) The department shall impose and collect a filing fee in the amount prescribed in subdivision (d) to defray the costs of managing and protecting fish and wildlife trust resources, including, but not limited to, consulting with other public agencies, reviewing environmental documents, recommending mitigation measures, developing monitoring requirements for purposes of the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code), consulting pursuant to Section 21104.2 of the Public Resources Code, and other activities protecting those trust resources identified in the review pursuant to the California Environmental Quality Act. (b) The filing fees shall be proportional to the cost incurred by the department and shall be annually reviewed and adjustments recommended to the Legislature in an amount necessary to pay the full costs of department programs as specified. The department shall annually adjust the fees pursuant to Section 713. (c) (1) All project applicants and public agencies subject to the California Environmental Quality Act shall pay a filing fee for each proposed project, as specified in subdivision (d). (2) Notwithstanding paragraph (1), a filing fee shall not be paid pursuant to this section if any of the following conditions exist: (A) The project has no effect on fish and wildlife. (B) The project is being undertaken by the department. (C) The project costs are payable by the department from any of the following sources that are held by the department: (i) The Public Resources Account in the Cigarette and Tobacco Products Surtax Fund. (ii) The California Wildlife, Coastal, and Park Land Conservation Fund of 1988. (iii) The Habitat Conservation Fund. (iv) The Fisheries Restoration Account in the Fish and Game Preservation Fund. (v) The Commercial Salmon Stamp Dedicated Subaccount in the Fish and Game Preservation Fund. (vi) The California Ocean Resource Enhancement Account. (D) The project is implemented by the department through a contract with either a nonprofit entity or a local government agency. (3) Filing fees shall be paid at the time and in the amount specified in subdivision (d). Notwithstanding Sections 21080.5 and 21081 of the Public Resources Code, a project shall not be operative, vested, or final, and local government permits for the project shall not be valid, until the filing fees required pursuant to this section are paid. (d) The fees shall be in the following amounts: (1) For a project that is statutorily or categorically exempt from the California Environmental Quality Act, including those certified regulatory programs that incorporate statutory and categorical exemptions, a filing fee shall not be paid. (2) For a project for which a negative declaration is prepared pursuant to subdivision (c) of Section 21080 of the Public Resources Code, the filing fee is one thousand eight hundred dollars ($1,800). A local agency collecting the filing fee shall remit the fee to the county clerk at the time of filing a notice of determination pursuant to Section 21152 of the Public Resources Code. A state agency collecting the filing fee shall remit the fee to the Office of Planning and Research at the time of filing a notice of determination pursuant to Section 21108 of the Public Resources Code. (3) For a project with an environmental impact report prepared pursuant to the California Environmental Quality Act, the filing fee is two thousand five hundred dollars ($2,500). A local agency collecting the filing fee shall remit the fee to the county clerk at the time of filing a notice of determination pursuant to Section 21152 of the Public Resources Code. A state agency collecting the filing fee shall remit the fee to the Office of Planning and Research at the time of filing a notice of determination pursuant to Section 21108 of the Public Resources Code. (4) For a project that is subject to a certified regulatory program pursuant to Section 21080.5 of the Public Resources Code, the filing fee is eight hundred fifty dollars ($850). The filing fee shall be paid to the department before the filing of the notice of determination pursuant to Section 21080.5 of the Public Resources Code. (e) The county clerk may charge a documentary handling fee of fifty dollars ($50) per filing in addition to the filing fee specified in subdivision (d). (1) The county clerk of each county and the Office of Planning and Research shall maintain a record electronically, and may maintain the record on paper, of all environmental documents received. The record shall include, for each environmental document received, the name of each applicant or lead agency, the document filing number, the project name as approved by the lead agency, and the filing date. The record shall be made available for examination or audit by authorized personnel of the department during normal business hours. (2) The filing fee imposed and collected pursuant to subdivision (d) shall be remitted monthly to the department within 30 days after the end of each month. The remittance shall be accompanied with the information required pursuant to paragraph (1). The amount of fees due shall be reported on forms prescribed and provided by the department. (3) The department shall assess a penalty of 10 percent of the amount of fees due for a failure to remit the amount payable when due. The department may pursue collection of delinquent fees through the Controller’s office pursuant to Section 12419.5 of the Government Code. (f) Notwithstanding subdivision (a) of Section 12000, failure to pay the fee under subdivision (d) is not a misdemeanor. All unpaid fees are a statutory assessment subject to collection under procedures as provided in the Revenue and Taxation Code. (g) Only one filing fee shall be paid for each project unless the project is tiered or phased, or separate environmental documents are required. (h) This section does not preclude or modify the duty of the department to recommend, require, permit, or engage in mitigation activities pursuant to the California Environmental Quality Act. (i) The permit process of the California Coastal Commission, as certified by the Secretary of the Natural Resources Agency, is exempt from the payment of the filing fees prescribed by paragraph (4) of subdivision (d) insofar as the permits are issued under any of the following regulations: (1) Subchapter 4 (commencing with Section 13136) of Chapter 5 of Division 5.5 of Title 14 of the California Code of Regulations. (2) Subchapter 1 (commencing with Section 13200), Subchapter 3 (commencing with Section 13213), Subchapter 4 (commencing with Section 13215), Subchapter 4.5 (commencing with Section 13238), Subchapter 5 (commencing with Section 13240), Subchapter 6 (commencing with Section 13250), and Subchapter 8 (commencing with Section 13255.0) of Chapter 6 of Division 5.5 of Title 14 of the California Code of Regulations. (Amended by Stats. 2024, Ch. 583, Sec. 1. (AB 3007) Effective January 1, 2025.)
  67. 711.7.

    ## Fish and Game Code - FGC ## DIVISION 2. DEPARTMENT OF FISH AND WILDLIFE [700 - 1958] ( Heading of Division 2 amended by Stats. 2015, Ch. 154, Sec. 21. ) ## CHAPTER 1. Organization and General Functions [700 - 715] ( Chapter 1 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 1. Generally [700 - 715] ( Article 1 enacted by Stats. 1957, Ch. 456. )

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    The department holds fish and wildlife resources in trust, and certain people and federal agencies must pay filing or permit fees unless federal preemption applies.

    ## Fish and Game Code - FGC ## DIVISION 2. DEPARTMENT OF FISH AND WILDLIFE [700 - 1958] ( Heading of Division 2 amended by Stats. 2015, Ch. 154, Sec. 21. ) ## CHAPTER 1. Organization and General Functions [700 - 715] ( Chapter 1 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 1. Generally [700 - 715] ( Article 1 enacted by Stats. 1957, Ch. 456. ) ## 711.7. (a) The fish and wildlife resources are held in trust for the people of the state by and through the department. (1) Insofar as state wildlife trust resources exist and depend upon federal proprietary lands or federal land and water adjacent to or affecting state trust resources, all persons engaging in projects or activities under federal license, contract, or permit, to the extent permitted by federal law, shall be governed by this article and shall pay project filing fees unless the payment of state filing and permit fees is explicitly preempted by the authority of the federal agency permitting the use or modification of state trust resources. (2) Insofar as state wildlife trust resources exist and depend upon federal proprietary lands or federal lands and waters adjacent to or affecting state trust resources, all federal agencies acting in their proprietary capacity, to the extent permitted by federal law, shall be governed by this article and Sections 10005 and 21089 of the Public Resources Code, unless the payment of state filing and permit fees is explicitly preempted by the authority of a particular federal agency. (b) If a court of competent jurisdiction finds that any provision of this section or the application thereof to any federal agency, person, or circumstances is held invalid, that invalidity shall not affect other provisions or applications of the section which can be given effect without the invalid provision or application, and to this end the provisions of this section are severable. (Added by Stats. 1990, Ch. 1706, Sec. 5.)
  68. 7110.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 2. SPORT FISHING [7100 - 7400] ( Part 2 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1. Generally [7100 - 7232] ( Chapter 1 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 1.5. Sport Fishing Regulations [7110 - 7115] ( Article 1.5 added by Stats. 2016, Ch. 546, Sec. 24. )

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    The commission may create a regulation-based automatic process to align sport fishing regulations with federal regulations, and the department must give public notice of any conforming action taken under this section.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 2. SPORT FISHING [7100 - 7400] ( Part 2 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1. Generally [7100 - 7232] ( Chapter 1 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 1.5. Sport Fishing Regulations [7110 - 7115] ( Article 1.5 added by Stats. 2016, Ch. 546, Sec. 24. ) ## 7110. (a) The commission may establish by regulation an automatic process to conform its sport fishing regulations to federal regulations. (b) Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code does not apply to conforming actions implemented pursuant to the automatic process specified in subdivision (a). (c) The department shall provide public notice of a conforming action implemented pursuant to this section. (Added by Stats. 2016, Ch. 546, Sec. 24. (SB 1473) Effective January 1, 2017.)
  69. 7115.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 2. SPORT FISHING [7100 - 7400] ( Part 2 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1. Generally [7100 - 7232] ( Chapter 1 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 1.5. Sport Fishing Regulations [7110 - 7115] ( Article 1.5 added by Stats. 2016, Ch. 546, Sec. 24. )

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    The department must identify sport-fishing property it owns or manages that is accessible to persons with disabilities, and the sport-fishing regulations booklet must note those areas and later include certain public health advisories.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 2. SPORT FISHING [7100 - 7400] ( Part 2 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1. Generally [7100 - 7232] ( Chapter 1 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 1.5. Sport Fishing Regulations [7110 - 7115] ( Article 1.5 added by Stats. 2016, Ch. 546, Sec. 24. ) ## 7115. (a) The department shall identify property it owns or manages that includes areas for sport fishing accessible to persons with disabilities. (b) Commencing with the booklet of sport fishing regulations published by the commission in 1986, the availability of sport fishing areas, identified by the department as accessible to persons with disabilities under subdivision (a), shall be noted in the booklet of regulations, together with telephone numbers and instructions for obtaining a list of those areas from regional department offices. (c) Commencing with the booklet of sport fishing regulations published in 1987, the booklet shall also contain any human health advisories relating to fish that are formally issued by the State Department of Public Health, or summaries of those human health advisories. The summaries shall be prepared in consultation with the State Department of Public Health. (Added by Stats. 2016, Ch. 546, Sec. 24. (SB 1473) Effective January 1, 2017.)
  70. 712.

    ## Fish and Game Code - FGC ## DIVISION 2. DEPARTMENT OF FISH AND WILDLIFE [700 - 1958] ( Heading of Division 2 amended by Stats. 2015, Ch. 154, Sec. 21. ) ## CHAPTER 1. Organization and General Functions [700 - 715] ( Chapter 1 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 1. Generally [700 - 715] ( Article 1 enacted by Stats. 1957, Ch. 456. )

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    The provision says the Department of Finance should budget enough money for nongame programs and should not use the Fish and Game Preservation Fund for unrelated programs, except for certain deposited moneys.

    ## Fish and Game Code - FGC ## DIVISION 2. DEPARTMENT OF FISH AND WILDLIFE [700 - 1958] ( Heading of Division 2 amended by Stats. 2015, Ch. 154, Sec. 21. ) ## CHAPTER 1. Organization and General Functions [700 - 715] ( Chapter 1 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 1. Generally [700 - 715] ( Article 1 enacted by Stats. 1957, Ch. 456. ) ## 712. It is the intent of the Legislature that the Department of Finance shall include in the Governor’s Budget sufficient moneys from the General Fund and sources other than the Fish and Game Preservation Fund to pay the costs of the department’s nongame programs, including those necessary for the protection and enhancement of California’s nongame fish and wildlife and their habitat, the free hunting and fishing license programs, and special repairs and capital outlay. It is the intent of the Legislature that the Department of Finance shall not include in the Governor’s Budget any appropriation from the Fish and Game Preservation Fund for any program or project which is not expressly found to be an activity relating to the protection or propagation of fish and game, except to the extent that moneys have been deposited in that fund from collections under a law which is not related to the protection or propagation of fish and game. Any study relating to funding of programs administered or conducted by the department shall include express findings of whether the program is related to the protection or propagation of fish and game and shall describe the relationship. (Amended by Stats. 1990, Ch. 1706, Sec. 6.)
  71. 712.1.

    ## Fish and Game Code - FGC ## DIVISION 2. DEPARTMENT OF FISH AND WILDLIFE [700 - 1958] ( Heading of Division 2 amended by Stats. 2015, Ch. 154, Sec. 21. ) ## CHAPTER 1. Organization and General Functions [700 - 715] ( Chapter 1 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 1. Generally [700 - 715] ( Article 1 enacted by Stats. 1957, Ch. 456. )

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    The department must run a service-based budget review, create a tracking system, meet several reporting deadlines, and may accept outside funds for this work.

    ## Fish and Game Code - FGC ## DIVISION 2. DEPARTMENT OF FISH AND WILDLIFE [700 - 1958] ( Heading of Division 2 amended by Stats. 2015, Ch. 154, Sec. 21. ) ## CHAPTER 1. Organization and General Functions [700 - 715] ( Chapter 1 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 1. Generally [700 - 715] ( Article 1 enacted by Stats. 1957, Ch. 456. ) ## 712.1. (a) (1) The department’s mission is to manage California’s diverse fish, wildlife, and plant resources, and the habitats upon which they depend, for their ecological values and for their use and enjoyment of the public. (2) The department’s core programs are the following: (A) Management of departmental lands and facilities. (B) Biodiversity conservation. (C) Hunting, fishing, and public use. (D) Enforcement. (E) Spill prevention and response. (F) Communication, education, and outreach. (3) The department, as a part of a service-based budget review, shall identify strategic goals that reflect the core programs identified in paragraph (2) and support the department’s mission and statutory requirements. (b) (1) The department shall contract with an independent entity to conduct a comprehensive service-based budget review and to consult on the development of a service-based budget tracking system. The selected contractor shall have experience conducting similar reviews and consulting on similar systems for a comparably sized state agency or department. (2) The service-based budget review shall study and report on all of the following topics: (A) For each strategic goal identified pursuant to paragraph (3) of subdivision (a), a definition of the service standards and essential activities required for the department to meet its mission and statutory requirements. (B) Detailed cost estimates and staffing requirements for meeting the service standards and requirements identified pursuant to subparagraph (A), including applicable administrative costs. (C) An analysis of how current service levels, activities, expenditures, and staffing levels compare with the service standards and costs identified pursuant to subparagraphs (A) and (B), respectively. The analysis shall explicitly identify instances and associated costs where the department is not currently meeting its mission or statutory requirements, as well as where it may be conducting activities outside its mission and statutory requirements. (D) An analysis of the department’s existing revenue structure and program activities supported by those fund sources. The analysis shall identify any instances where the nature of the activity suggests a different funding source, such as user fees or the General Fund, or a different revenue structure that could be allowable or more appropriate to support the activity, or both allowable and more appropriate to support the activity. (E) The service-based budget review conducted pursuant to this section shall build upon the California Fish and Wildlife Strategic Vision: Recommendations for Enhancing the State’s Fish and Wildlife Management Agencies, issued in April 2012, and the Supporting Healthy Fish and Wildlife Populations in California and Getting People Outdoors: An Expenditure Concept to Invest in Our Natural Heritage for All Californians, issued on November 2, 2017. (3) (A) The service-based budget tracking system shall incorporate data collected for the review pursuant to paragraph (2), including the costs and staffing levels associated with both existing service levels and the service level standards developed pursuant to subparagraph (A) of paragraph (2). (B) The service-based budget tracking system shall allow the department to continuously analyze service levels across its programs and the degree to which service standards are being met. (C) The service-based budget tracking system shall be developed as a tool to inform ongoing and future fiscal decisionmaking processes. (D) The service-based budget tracking system shall be the property of the state even if it is developed using nonstate funding provided pursuant to subdivision (d). (4) To meet the goals of this subdivision, the department shall collect information necessary to inform service-based budgeting. (c) In conducting the service-based budget review and developing the service-based budget tracking system pursuant to subdivision (b), the department shall meet all of the following deadlines: (1) By December 15, 2018, the department shall do all of the following: (A) Enter into a contract with the independent entity to complete the service-based budget review. (B) Form an internal leadership team within the department to oversee and manage the service-based budget review. (C) Form an external advisory committee to advise the department and independent entity on conducting the service-based budget review. (D) Submit a report to the relevant budget and policy committees of the Legislature and the Legislative Analyst’s Office summarizing the status of these activities. (2) By April 15, 2020, the department shall report in its legislative oversight hearings regarding the status of the service-based budget review. (3) By January 15, 2021, the department shall submit the final service-based budget review report to the relevant budget and policy committees of the Legislature and the Legislative Analyst’s Office. (4) By April 15, 2021, the department shall report in its legislative oversight hearings how the findings of the service-based budget review have been incorporated into the department’s operations and budget and any changes the department proposed to its operations or budget resulting from the service-based budget review. (d) (1) The department may enter into one or more agreements to accept funds from any person, nonprofit organization, or other public or private entity for purposes of this section. (2) Funding provided pursuant to this subdivision may be used by the department for department staff, development of information technology systems, or other costs associated with the service-based budget review and the service-based budget tracking system. (3) The Department of Finance may authorize expenditure of the funds provided pursuant to this subdivision no sooner than 30 days after providing notification of the expenditure to the chairperson of the Joint Legislative Budget Committee. (Added by Stats. 2018, Ch. 51, Sec. 1. (SB 854) Effective June 27, 2018.)
  72. 7120.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 2. SPORT FISHING [7100 - 7400] ( Part 2 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1. Generally [7100 - 7232] ( Chapter 1 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 2. General Provisions [7120 - 7123] ( Article 2 enacted by Stats. 1957, Ch. 456. )

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    A person may not possess more than one daily bag limit of fish, amphibians, or reptiles taken under the specified license, unless commission regulations authorize it.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 2. SPORT FISHING [7100 - 7400] ( Part 2 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1. Generally [7100 - 7232] ( Chapter 1 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 2. General Provisions [7120 - 7123] ( Article 2 enacted by Stats. 1957, Ch. 456. ) ## 7120. It is unlawful for any person to possess more than one daily bag limit of any fish, amphibian, or reptile taken under a license issued pursuant to Article 3 (commencing with Section 7145) unless authorized by regulations adopted by the commission. (Amended by Stats. 2023, Ch. 132, Sec. 128. (AB 1760) Effective January 1, 2024.)
  73. 7121.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 2. SPORT FISHING [7100 - 7400] ( Part 2 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1. Generally [7100 - 7232] ( Chapter 1 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 2. General Provisions [7120 - 7123] ( Article 2 enacted by Stats. 1957, Ch. 456. )

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    It is unlawful to sell, buy, or possess certain fish or amphibia, with a narrow exception for possession for canning or smoking under commission regulations.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 2. SPORT FISHING [7100 - 7400] ( Part 2 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1. Generally [7100 - 7232] ( Chapter 1 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 2. General Provisions [7120 - 7123] ( Article 2 enacted by Stats. 1957, Ch. 456. ) ## 7121. Except as otherwise provided by this code or by regulation, it is unlawful to sell or purchase any fish or amphibia taken in, or brought into, the waters of the state, or brought ashore at any point in the state. It is unlawful to buy, sell, or possess in any place of business where fish are bought, sold, or processed, any fish or amphibia taken on any boat, barge, or vessel which carries sport fishermen, except those fish may be possessed in such a place only for the purposes of canning or smoking under regulations adopted by the commission. (Amended by Stats. 1990, Ch. 747, Sec. 2.)
  74. 7123.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 2. SPORT FISHING [7100 - 7400] ( Part 2 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1. Generally [7100 - 7232] ( Chapter 1 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 2. General Provisions [7120 - 7123] ( Article 2 enacted by Stats. 1957, Ch. 456. )

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    The department must create a voluntary observer program for sportfishing vessels and buy insurance for liability related to boarded vessels, subject to Section 1012.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 2. SPORT FISHING [7100 - 7400] ( Part 2 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1. Generally [7100 - 7232] ( Chapter 1 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 2. General Provisions [7120 - 7123] ( Article 2 enacted by Stats. 1957, Ch. 456. ) ## 7123. The department shall develop a voluntary participation program for the use of departmental observers on board vessels to monitor the taking of marlin by sportfishermen. The department shall, in accordance with Section 1012, procure insurance against the liability of the owners or operators of vessels boarded by observers in the event of injury to or death of any such observer in the course and scope of employment as an observer. (Added by Stats. 1980, Ch. 886, Sec. 3. Effective September 14, 1980.)
  75. 713.

    ## Fish and Game Code - FGC ## DIVISION 2. DEPARTMENT OF FISH AND WILDLIFE [700 - 1958] ( Heading of Division 2 amended by Stats. 2015, Ch. 154, Sec. 21. ) ## CHAPTER 1. Organization and General Functions [700 - 715] ( Chapter 1 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 1. Generally [700 - 715] ( Article 1 enacted by Stats. 1957, Ch. 456. )

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    The department must calculate and apply annual fee adjustments for certain licenses and similar entitlements using a published price deflator index, and it may recalculate current fees to ensure indexing is included.

    ## Fish and Game Code - FGC ## DIVISION 2. DEPARTMENT OF FISH AND WILDLIFE [700 - 1958] ( Heading of Division 2 amended by Stats. 2015, Ch. 154, Sec. 21. ) ## CHAPTER 1. Organization and General Functions [700 - 715] ( Chapter 1 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 1. Generally [700 - 715] ( Article 1 enacted by Stats. 1957, Ch. 456. ) ## 713. (a) 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 fees for licenses, stamps, permits, tags, or other entitlements issued by the department. (b) (1) 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 for each license, stamp, permit, tag, or other entitlement issued by the department. (2) The product shall be rounded to the nearest twenty-five cents ($0.25), and the resulting amount shall be added to the fee for the current year. The resulting amount shall be the fee for the license year beginning on or after January 1 of the next succeeding calendar year for the license, stamp, permit, tag, or other entitlement that is adjusted under this section. (c) Notwithstanding any other provision of law, the department may recalculate the current fees charged for each license, stamp, permit, tag, or other entitlement issued by the department, to determine that all appropriate indexing has been included in the current fees. This section shall apply to all licenses, stamps, permits, tags, or other entitlements, that have not been increased each year since the base year of the 1985–86 fiscal year. (d) The commission, with respect to any license, stamp, permit, tag, or other entitlement issued by the commission shall comply with subdivisions (a) to (c), inclusive. (e) The calculations provided for in this section shall be reported to the Legislature with the Governor’s Budget Bill. (f) The Legislature finds that all revenues generated by fees for licenses, stamps, permits, tags, and other entitlements, 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. (g) The department and the commission, at least every five years, shall analyze all fees for licenses, stamps, permits, tags, and other entitlements issued by it to ensure the appropriate fee amount is charged. Where appropriate, the department shall recommend to the Legislature or the commission that fees established by the commission or the Legislature be adjusted to ensure that those fees are appropriate. (Amended by Stats. 2012, Ch. 565, Sec. 3. (SB 1148) Effective January 1, 2013.)
  76. 7145.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 2. SPORT FISHING [7100 - 7400] ( Part 2 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1. Generally [7100 - 7232] ( Chapter 1 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 3. Sport Fishing Licenses [7145 - 7155] ( Article 3 enacted by Stats. 1957, Ch. 456. )

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    People 16 or older who take fish, reptiles, or amphibians for non-profit purposes must first get the required license and keep it with them or in the allowed location while acting under it.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 2. SPORT FISHING [7100 - 7400] ( Part 2 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1. Generally [7100 - 7232] ( Chapter 1 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 3. Sport Fishing Licenses [7145 - 7155] ( Article 3 enacted by Stats. 1957, Ch. 456. ) ## 7145. (a) Except as otherwise provided in this article, every person 16 years of age or older who takes any fish, reptile, or amphibian for any purpose other than profit shall first obtain a valid license for that purpose and shall have that license on his or her person or in his or her immediate possession or where otherwise specifically required by law or regulation to be kept when engaged in carrying out any activity authorized by the license. In the case of a person diving from a boat, the license may be kept in the boat, or in the case of a person diving from the shore, the license may be kept within 500 yards of the shore. (b) (1) This section does not apply to an owner of privately owned real property, or the owner’s invitee, who, without providing compensation, takes fish for purposes other than profit from a lake or pond that is wholly enclosed by that owner’s real property and that is located offstream and does not at any time derive water from, or supply water to, any permanent or intermittent artificial or natural lake, pond, stream, wash, canal, river, creek, waterway, aqueduct, or similar water conveyance system of the state. Access and control of the real property shall be under the direct authority of the owner and not that of another person or entity. (2) This subdivision does not, and shall not be construed to, authorize the introduction, migration, stocking, or transfer of aquatic species, prohibited species, or any other nonnative or exotic species into state waters or waterways. This subdivision does not supersede or otherwise affect any provision of law that governs aquaculture, including, but not limited to, the operation of trout farms, or any activity that is an adjunct to or a feature of, or that is operated in conjunction with, any other enterprise operated for a fee, including, but not limited to, private parks or private recreation areas. (Amended by Stats. 2007, Ch. 285, Sec. 109. Effective January 1, 2008.)
  77. 7147.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 2. SPORT FISHING [7100 - 7400] ( Part 2 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1. Generally [7100 - 7232] ( Chapter 1 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 3. Sport Fishing Licenses [7145 - 7155] ( Article 3 enacted by Stats. 1957, Ch. 456. )

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    Boat or vessel owners/operators covered by this section must not let anyone fish from the boat unless the person has a valid California sport fishing license and any required stamp, report card, or validation.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 2. SPORT FISHING [7100 - 7400] ( Part 2 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1. Generally [7100 - 7232] ( Chapter 1 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 3. Sport Fishing Licenses [7145 - 7155] ( Article 3 enacted by Stats. 1957, Ch. 456. ) ## 7147. The owner or operator of a boat or vessel licensed pursuant to Section 7920 shall not permit any person to fish from that boat or vessel unless that person has, in his or her possession, a valid California sport fishing license and any required stamp, report card, or validation issued pursuant to this code. (Amended by Stats. 2007, Ch. 285, Sec. 110. Effective January 1, 2008.)
  78. 7149.2.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 2. SPORT FISHING [7100 - 7400] ( Part 2 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1. Generally [7100 - 7232] ( Chapter 1 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 3. Sport Fishing Licenses [7145 - 7155] ( Article 3 enacted by Stats. 1957, Ch. 456. )

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    The department must issue lifetime sport fishing licenses. The license lets the holder take fish, amphibians, or reptiles for non-profit purposes, can be renewed annually, costs vary by age, and the license is not transferable.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 2. SPORT FISHING [7100 - 7400] ( Part 2 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1. Generally [7100 - 7232] ( Chapter 1 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 3. Sport Fishing Licenses [7145 - 7155] ( Article 3 enacted by Stats. 1957, Ch. 456. ) ## 7149.2. (a) In addition to Section 7149.05, the department shall issue a lifetime sport fishing license under this section. A lifetime sport fishing license authorizes the taking of fish, amphibians, or reptiles anywhere in this state in accordance with the law for purposes other than profit for the life of the person to whom issued unless revoked for a violation of this code or regulations adopted under this code. A lifetime sport fishing license is valid for a one-year period from January 1 through December 31 and may be renewed annually, regardless of any lapse of the license, at no additional cost to the licensee. A lifetime sport fishing license is not transferable. A lifetime sport fishing license does not include any special tags, stamps, or fees. (b) A lifetime sport fishing license may be issued to residents of this state, as follows: (1) To a person 62 years of age or over, upon payment of a base fee of three hundred sixty-five dollars ($365). (2) To a person 40 years of age or over and less than 62 years of age, upon payment of a base fee of five hundred forty dollars ($540). (3) To a person 10 years of age or over and less than 40 years of age upon payment of a base fee of six hundred dollars ($600). (4) To a person less than 10 years of age upon payment of a base fee of three hundred sixty-five dollars ($365). (c) Nothing in this section requires a person less than 16 years of age to obtain a license to take fish, amphibians, or reptiles for purposes other than profit. (d) Nothing in this section exempts a license applicant from meeting other qualifications or requirements otherwise established by law for the privilege of sport fishing. (e) Upon payment of a base fee of two hundred forty-five dollars ($245), a person holding a lifetime sport fishing license shall be entitled annually to the privileges afforded to a person holding a second-rod validation issued pursuant to Section 7149.45, a sport fishing ocean enhancement validation issued pursuant to subdivision (a) of Section 6596.1, one steelhead trout report restoration card issued pursuant to Section 7380, and one salmon report card issued pursuant to regulations adopted by the commission. Lifetime privileges issued pursuant to this subdivision are not transferable. (f) The base fees specified in this section are applicable commencing January 1, 2004, and shall be adjusted annually thereafter pursuant to Section 713. (Amended by Stats. 2023, Ch. 132, Sec. 131. (AB 1760) Effective January 1, 2024.)
  79. 7149.3.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 2. SPORT FISHING [7100 - 7400] ( Part 2 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1. Generally [7100 - 7232] ( Chapter 1 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 3. Sport Fishing Licenses [7145 - 7155] ( Article 3 enacted by Stats. 1957, Ch. 456. )

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    A resident does not need a sport fishing license to take a rattlesnake of the genera Crotalus or Sistrurus.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 2. SPORT FISHING [7100 - 7400] ( Part 2 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1. Generally [7100 - 7232] ( Chapter 1 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 3. Sport Fishing Licenses [7145 - 7155] ( Article 3 enacted by Stats. 1957, Ch. 456. ) ## 7149.3. Notwithstanding Section 7149.05, a sport fishing license is not required for a resident to take a rattlesnake (genus Crotalus or Sistrurus). (Amended by Stats. 2015, Ch. 683, Sec. 22. (SB 798) Effective January 1, 2016.)
  80. 7149.45.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 2. SPORT FISHING [7100 - 7400] ( Part 2 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1. Generally [7100 - 7232] ( Chapter 1 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 3. Sport Fishing Licenses [7145 - 7155] ( Article 3 enacted by Stats. 1957, Ch. 456. )

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    A person may not fish with two rods unless they first get a second-rod sport fishing validation and attach it to a valid sport fishing license. The department or an authorized license agent must issue the validation when the base fee is paid.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 2. SPORT FISHING [7100 - 7400] ( Part 2 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1. Generally [7100 - 7232] ( Chapter 1 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 3. Sport Fishing Licenses [7145 - 7155] ( Article 3 enacted by Stats. 1957, Ch. 456. ) ## 7149.45. (a) It is unlawful for any person to fish with two rods without first obtaining a second-rod sport fishing validation, in addition to a valid California sport fishing license validation, and having that validation affixed to his or her valid sport fishing license. Any person who has a valid second-rod sport fishing validation affixed to his or her valid sport fishing license may fish with two rods in inland waters in any sport fishery in which the regulations of the commission provide for the taking of fish by angling, except those waters in which only artificial lures or barbless hooks may be used and the waters of the Smith River in Del Norte County. (b) The department or an authorized license agent shall issue a second-rod sport fishing validation upon payment of a base fee of seven dollars and fifty cents ($7.50) during the 1995 calendar year and subsequent years, as adjusted under Section 713. (c) This section applies only to licenses, permits, reservations, tags, and other entitlements issued through the Automated License Data System. (Amended by Stats. 2009, Ch. 294, Sec. 14. (AB 1442) Effective January 1, 2010.)
  81. 7149.5.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 2. SPORT FISHING [7100 - 7400] ( Part 2 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1. Generally [7100 - 7232] ( Chapter 1 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 3. Sport Fishing Licenses [7145 - 7155] ( Article 3 enacted by Stats. 1957, Ch. 456. )

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    Job Corps enrollees are treated as California residents when obtaining a sport fishing license.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 2. SPORT FISHING [7100 - 7400] ( Part 2 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1. Generally [7100 - 7232] ( Chapter 1 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 3. Sport Fishing Licenses [7145 - 7155] ( Article 3 enacted by Stats. 1957, Ch. 456. ) ## 7149.5. For the purpose of obtaining a sport fishing license, enrollees in the Job Corps, created by the Economic Opportunity Act of 1964 (Public Law 88-452), shall be deemed to be residents of California. (Added by Stats. 1965, Ch. 1086.)
  82. 7149.7.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 2. SPORT FISHING [7100 - 7400] ( Part 2 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1. Generally [7100 - 7232] ( Chapter 1 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 3. Sport Fishing Licenses [7145 - 7155] ( Article 3 enacted by Stats. 1957, Ch. 456. )

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    The director may designate up to two free sportfishing days each year, and residents and nonresidents may fish on those days without a sportfishing license or fee, subject to all applicable limits and rules.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 2. SPORT FISHING [7100 - 7400] ( Part 2 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1. Generally [7100 - 7232] ( Chapter 1 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 3. Sport Fishing Licenses [7145 - 7155] ( Article 3 enacted by Stats. 1957, Ch. 456. ) ## 7149.7. Notwithstanding Section 7145, the director may designate not more than two days, which may or may not be consecutive, in each year as free sportfishing days during which residents and nonresidents may, without having a sportfishing license and without the payment of any fee, exercise the privileges of a holder of a sportfishing license, subject to all of the limitations, restrictions, conditions, laws, rules, and regulations applicable to the holder of a sportfishing license. (Added by Stats. 1991, Ch. 47, Sec. 1. Effective June 6, 1991.)
  83. 7149.8.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 2. SPORT FISHING [7100 - 7400] ( Part 2 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1. Generally [7100 - 7232] ( Chapter 1 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 3. Sport Fishing Licenses [7145 - 7155] ( Article 3 enacted by Stats. 1957, Ch. 456. )

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    A person may not take abalone from ocean waters unless they first get an abalone report card and carry it while taking abalone.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 2. SPORT FISHING [7100 - 7400] ( Part 2 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1. Generally [7100 - 7232] ( Chapter 1 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 3. Sport Fishing Licenses [7145 - 7155] ( Article 3 enacted by Stats. 1957, Ch. 456. ) ## 7149.8. (a) A person shall not take abalone from ocean waters unless he or she first obtains, in addition to a valid California sport fishing license and any applicable license validation or stamp issued pursuant to this code, an abalone report card, and maintains that report card in his or her possession while taking abalone. (b) The department or an authorized license agent shall issue an abalone report card upon payment of a fee of fifteen dollars ($15) in the 2004 license year, which shall be adjusted annually thereafter pursuant to Section 713. (c) The commission shall adjust the amount of the fees specified in subdivision (b) 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. 2012, Ch. 559, Sec. 23. (AB 2402) Effective January 1, 2013.)
  84. 7149.9.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 2. SPORT FISHING [7100 - 7400] ( Part 2 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1. Generally [7100 - 7232] ( Chapter 1 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 3. Sport Fishing Licenses [7145 - 7155] ( Article 3 enacted by Stats. 1957, Ch. 456. )

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    Fees received by the department under Section 7149.8 must be deposited in a dedicated account and used only for the Recreational Abalone Management Program, with limits on administration and south-of-San-Francisco spending.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 2. SPORT FISHING [7100 - 7400] ( Part 2 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1. Generally [7100 - 7232] ( Chapter 1 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 3. Sport Fishing Licenses [7145 - 7155] ( Article 3 enacted by Stats. 1957, Ch. 456. ) ## 7149.9. (a) Fees received by the department pursuant to Section 7149.8 shall be deposited in the Abalone Restoration and Preservation Account within the Fish and Game Preservation Fund, which is hereby created. Notwithstanding Section 13340 of the Government Code, the moneys in the account are continuously appropriated, without regard to fiscal year, to the department to be used only for the Recreational Abalone Management Program. For the purposes of this article, “program” means the Recreational Abalone Management Program. The program shall include the following: (1) Research and management of abalone and abalone habitat. For the purposes of this section, “research” includes, but is not limited to, investigation, experimentation, monitoring, and analysis; and “management” means establishing and maintaining an optimal sustainable utilization. (2) Supplementary funding of allocations for the enforcement of statutes and regulations applicable to abalone, including, but not limited to, the acquisition of special equipment and the production and dissemination of printed materials, such as pamphlets, booklets, and posters, aimed at compliance with recreational abalone regulations. (3) Direction for volunteer groups relating to abalone and abalone habitat management, presentations of abalone related matters at scientific conferences and educational institutions, and publication of abalone related material. (b) At least 15 percent of the funds deposited in the account shall be used for program activities south of San Francisco. To the extent possible, participants in the management activities of the program in that area shall be former commercial abalone divers. (c) The department shall maintain internal accounts that ensure that the fees received pursuant to Section 7149.8 are disbursed for the purposes of subdivision (a). Not more than 20 percent of the fees received pursuant to Section 7149.8 shall be used for administration by the department. (d) Unencumbered fees collected pursuant to Section 7149.8 during any previous calendar year may be expended for the purposes of subdivisions (a) and (b). All interest and other earnings on the fees received pursuant to Section 7149.8 shall be deposited in the account and shall be used for the purposes of subdivisions (a) and (b). (Added by Stats. 1997, Ch. 787, Sec. 6. Effective January 1, 1998.)
  85. 715.

    ## Fish and Game Code - FGC ## DIVISION 2. DEPARTMENT OF FISH AND WILDLIFE [700 - 1958] ( Heading of Division 2 amended by Stats. 2015, Ch. 154, Sec. 21. ) ## CHAPTER 1. Organization and General Functions [700 - 715] ( Chapter 1 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 1. Generally [700 - 715] ( Article 1 enacted by Stats. 1957, Ch. 456. )

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    The director must set up a formal science review program, in consultation with the Natural Resources Agency.

    ## Fish and Game Code - FGC ## DIVISION 2. DEPARTMENT OF FISH AND WILDLIFE [700 - 1958] ( Heading of Division 2 amended by Stats. 2015, Ch. 154, Sec. 21. ) ## CHAPTER 1. Organization and General Functions [700 - 715] ( Chapter 1 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 1. Generally [700 - 715] ( Article 1 enacted by Stats. 1957, Ch. 456. ) ## 715. (a) The director, in consultation with the Natural Resources Agency, shall establish a formal program, which may be called the Science Institute, to assist the department and commission in obtaining independent scientific review, and recommendations to help inform the scientific work of the department and the commission. The program shall include one or more ad hoc independent scientific committees consisting of independent scientists who are scientific experts in their fields with expertise in biological sciences and with a range of multidisciplinary expertise pertinent to the work of the department and the commission, and which may be convened pursuant to this section. The purpose of the program shall be to assist the department and the commission in obtaining and establishing an independent and objective view of the scientific issues underlying important policy decisions. (b) The objectives of the program shall include, but not necessarily be limited to, the following: (1) Providing independent scientific guidance of the scientific research, monitoring, and assessment programs that support the department’s and the commission’s work with fish and wildlife species and their habitats. (2) Providing the best available independent scientific information and advice to guide and inform department and commission decisions. (3) Promoting and facilitating independent scientific peer review. (4) Promoting science-based adaptive management. (5) Ensuring scientific integrity and transparency in decisionmaking. (c) The department may consult with members of the ad hoc scientific committees to assist the department in identifying other independent scientific experts with specialized expertise as needed for independent peer review of department reports, including, but not limited to, status review reports prepared for purposes of informing decisions on petitions for listing of species under the California Endangered Species Act (Chapter 1.5 (commencing with Section 2050) of Division 3). (d) The department shall consult with independent scientific advisors to develop and revise as necessary a scientific integrity policy to guide the work of the department and the commission. The scientific integrity policy may include, but is not necessarily limited to, an ethical code of conduct for department scientists, standards for independent peer review, and other best practices for ensuring scientific integrity and public confidence in department and commission work products and decisions. (e) For marine fisheries and other marine resources, the department may utilize the California Ocean Science Trust for the purposes of this section. (Added by Stats. 2012, Ch. 559, Sec. 12. (AB 2402) Effective January 1, 2013.)
  86. 7150.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 2. SPORT FISHING [7100 - 7400] ( Part 2 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1. Generally [7100 - 7232] ( Chapter 1 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 3. Sport Fishing Licenses [7145 - 7155] ( Article 3 enacted by Stats. 1957, Ch. 456. )

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    Certain eligible people can get a reduced-fee sport fishing license if they apply, pay the base fee, and provide required proof.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 2. SPORT FISHING [7100 - 7400] ( Part 2 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1. Generally [7100 - 7232] ( Chapter 1 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 3. Sport Fishing Licenses [7145 - 7155] ( Article 3 enacted by Stats. 1957, Ch. 456. ) ## 7150. (a) Upon application to the department’s headquarters office in Sacramento and payment of a base fee of four dollars ($4), as adjusted pursuant to Section 713, the following persons, who have not been convicted of any violation of this code, shall be issued a reduced fee sport fishing license that is valid for one year as specified in paragraphs (1) and (2) of subdivision (a) of Section 7149.05 and that authorizes the licensee to take any fish, reptile, or amphibian anywhere in this state as otherwise authorized pursuant to this code and regulations adopted pursuant to this code for purposes other than profit: (1) A disabled veteran having a 50 percent or greater service-connected disability upon presentation of proof of an honorable discharge from military service and proof of the disability. Proof of the disability shall be by certification from the United States Veterans Administration or by presentation of a license issued pursuant to this paragraph in the preceding license year. (2) A member of the military who is a “recovering service member” pursuant to paragraph (7) of Section 1602 of the federal National Defense Authorization Act for Fiscal Year 2008 (10 U.S.C. Sec. 1071 note). A person shall be eligible for a reduced fee sport fishing license pursuant to this paragraph upon the submission of a letter, online or in hardcopy, to the department from that person’s commanding officer or from a military medical doctor stating that the person is a recovering service member. (3) A person over 65 years of age who is a resident of this state and who receives benefits pursuant to one of the following: (A) Section 12200 of the Welfare and Institutions Code. (B) The Cash Assistance Program for Aged, Blind, and Disabled Legal Immigrants (Chapter 10.3 (commencing with Section 18937) of Part 6 of Division 9 of the Welfare and Institutions Code). (b) A person applying for a reduced fee sport fishing license shall submit adequate documentation for the department to determine whether the applicant is, in fact, eligible for a reduced fee sport fishing license. The documentation shall be in the form of a letter or other document, as specified by the department, from a public agency, except as provided in paragraphs (1) and (2) of subdivision (a). The department shall not issue a reduced fee sport fishing license to any person unless it is satisfied that the applicant has provided adequate documentation of eligibility for that license. (c) The adjustment of the base fee pursuant to Section 713 specified in subdivision (a) shall be applicable to the fishing license years beginning on or after January 1, 1996. (Amended by Stats. 2021, Ch. 607, Sec. 4. (AB 817) Effective January 1, 2022.)
  87. 7151.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 2. SPORT FISHING [7100 - 7400] ( Part 2 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1. Generally [7100 - 7232] ( Chapter 1 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 3. Sport Fishing Licenses [7145 - 7155] ( Article 3 enacted by Stats. 1957, Ch. 456. )

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    This section requires the department to issue free sport fishing licenses to certain eligible people and groups, and sets related proof, possession, notice, and reporting rules.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 2. SPORT FISHING [7100 - 7400] ( Part 2 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1. Generally [7100 - 7232] ( Chapter 1 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 3. Sport Fishing Licenses [7145 - 7155] ( Article 3 enacted by Stats. 1957, Ch. 456. ) ## 7151. (a) Upon application to the department, the following persons, if they have not been convicted of any violation of this code, shall be issued, free of any charge or fee, a sport fishing license, that authorizes the licensee to take any fish, reptile, or amphibian anywhere in this state for purposes other than profit: (1) Any blind person upon presentation of proof of blindness. “Blind person” means a person with central visual acuity of 20/200 or less in the better eye, with the aid of the best possible correcting glasses, or central visual acuity better than 20/200 if the widest diameter of the remaining visual field is no greater than 20 degrees. Proof of blindness shall be by certification from a qualified licensed optometrist or ophthalmologist or by presentation of a license issued pursuant to this paragraph in any previous license year. (2) Every resident Native American who, in the discretion of the department, is financially unable to pay the fee required for the license. (3) Any person with a developmental disability, upon presentation of certification of that disability from a qualified licensed physician, or the director of a state regional center for persons with developmental disabilities. (4) Any person who is a resident of the state and who is so severely physically disabled as to be permanently unable to move from place to place without the aid of a wheelchair, walker, forearm crutches, or a comparable mobility-related device. Proof of the disability shall be by certification from a licensed physician or surgeon or, by presentation of a license issued pursuant to this paragraph in any previous license year after 1996. (b) Sport fishing licenses issued pursuant to paragraph (2) of subdivision (a) are valid for the calendar year of issue or, if issued after the beginning of the year, for the remainder thereof. (c) Sport fishing licenses issued pursuant to paragraphs (1), (3), and (4) of subdivision (a) are valid for five calendar years, or if issued after the beginning of the first year, for the remainder thereof. (d) Upon application to the department, the department may issue a group sport fishing license, free of any charge or fee, to a group of persons with mental or physical disabilities who are under the care of any of the following entities: (1) A certified federal, state, county, city, or private licensed care center that is a community care facility as defined in subdivision (a) of Section 1502 of the Health and Safety Code. (2) An organization exempt from taxation under Section 501(c)(3) of the federal Internal Revenue Code. (3) A school or school district. (e) The organization listed in subdivision (d) shall provide evidence that it is a legitimate private licensed care center, tax-exempt organization, school, or school district. (f) The license shall be issued to the person in charge of the group and shall be in that person’s possession when the group is fishing. (g) The license shall identify the location and the date or dates for which fishing is authorized, and the maximum number of people that may be included in the group that will be fishing. The licenseholder shall notify the local department office before sport fishing and indicate where, when, and how long the group will be sport fishing. (h) Employees of the organization listed in subdivision (d) are exempt from Section 7145 while assisting the group that is sport fishing pursuant to the license. (i) Upon application to the department, the department may issue, free of any charge or fee, a sport fishing license to a nonprofit organization for day-fishing trips that provide recreational rehabilitation therapy for active duty members of the United States military who are currently receiving inpatient care in a military or Veterans Administration hospital and veterans with service-connected disabilities. The license shall be valid for the calendar year of issue or, if issued after the beginning of the year, for the remainder of that year. The license shall be issued to the person in charge of the group, and shall be in the licenseholder’s possession when the group is fishing. The organization shall notify the local department office before fishing and indicate where, when, and how long the group will fish. To be eligible for a license under this subdivision, an organization shall be registered to do business in this state or exempt from taxation under Section 501(c) of the federal Internal Revenue Code. (j) On January 15 of each year, the department shall determine the number of free sport fishing licenses in effect during the preceding year under subdivisions (a), (d), and (i). (k) There shall be appropriated from the General Fund a sum equal to two dollars ($2) per free sport fishing license in effect during the preceding license year under subdivisions (a) and (d), as determined by the department pursuant to subdivision (j). That sum may be appropriated annually in the Budget Act for transfer to the Fish and Game Preservation Fund and appropriated in the Budget Act from the Fish and Game Preservation Fund to the department for the purposes of this part. (Amended by Stats. 2023, Ch. 132, Sec. 132. (AB 1760) Effective January 1, 2024.)
  88. 7153.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 2. SPORT FISHING [7100 - 7400] ( Part 2 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1. Generally [7100 - 7232] ( Chapter 1 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 3. Sport Fishing Licenses [7145 - 7155] ( Article 3 enacted by Stats. 1957, Ch. 456. )

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    A sport fishing license is not required for certain non-profit fish-taking activities from a public pier, in ocean waters, or while angling at a registered aquaculture facility site.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 2. SPORT FISHING [7100 - 7400] ( Part 2 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1. Generally [7100 - 7232] ( Chapter 1 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 3. Sport Fishing Licenses [7145 - 7155] ( Article 3 enacted by Stats. 1957, Ch. 456. ) ## 7153. (a) A sport fishing license is not required to take fish by any legal means, for any purpose other than profit, from a public pier, as defined by the commission, in the ocean waters of the state, or while angling at an aquaculture facility site that is registered pursuant to Section 235 of Title 14 of the California Code of Regulations. (b) For purposes of this section, “ocean waters” include, but are not limited to, the open waters adjacent to the ocean and any island; the waters of any open or enclosed bay contiguous to the ocean; the San Francisco and San Pablo Bays, with any tidal bay belonging thereto; and any slough or estuary, if found between the Golden Gate Bridge and the Benicia-Martinez Bridge. (Amended by Stats. 2007, Ch. 285, Sec. 114. Effective January 1, 2008.)
  89. 7155.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 2. SPORT FISHING [7100 - 7400] ( Part 2 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1. Generally [7100 - 7232] ( Chapter 1 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 3. Sport Fishing Licenses [7145 - 7155] ( Article 3 enacted by Stats. 1957, Ch. 456. )

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    Certain Yurok Indian tribal members may fish for subsistence on part of the Klamath River, but they must follow permit, gear, catch-limit, and companion rules.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 2. SPORT FISHING [7100 - 7400] ( Part 2 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1. Generally [7100 - 7232] ( Chapter 1 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 3. Sport Fishing Licenses [7145 - 7155] ( Article 3 enacted by Stats. 1957, Ch. 456. ) ## 7155. Notwithstanding any other provision of this code, California Indians who are bona fide registered members of the Yurok Indian Tribe may take fish, for subsistence purposes only, from the Klamath River between the mouth of that river and the junction of Tectah Creek with it, exclusive of tributaries, without regard to seasons, under the following conditions: (a) Upon application therefor, the department shall issue to any Yurok Indian who is listed on the register of the Yurok Tribal Organization, as furnished to the department, a renewable, nontransferable permit to take fish pursuant to this section for a period of one calendar year. Any Indian of the Yurok tribe while taking fish pursuant to this section shall have upon his person such valid permit, and shall display it upon the request of any duly authorized officer. (b) Hand dip nets, and hook and line only may be used for taking fish pursuant to this section. (c) Pursuant to this section not more than three trout or salmon or combination thereof, or more than one sturgeon, may be taken in any one day. There is no bag limit on any other fish. (d) No Yurok Indian while fishing pursuant to this section may be accompanied by any person who does not possess a valid permit as prescribed by this section. It is unlawful for any person who does not hold such permit to accompany any Yurok Indian who is taking fish pursuant to this section. (e) The sale of any fish taken under the provisions of this section shall constitute cause for permanent revocation by the commission of the permit held by the person making the sale. (Enacted by Stats. 1957, Ch. 456.)
  90. 716.

    ## Fish and Game Code - FGC ## DIVISION 2. DEPARTMENT OF FISH AND WILDLIFE [700 - 1958] ( Heading of Division 2 amended by Stats. 2015, Ch. 154, Sec. 21. ) ## CHAPTER 1.5. Wildlife Violator Compact [716 - 717.2] ( Chapter 1.5 added by Stats. 2001, Ch. 398, Sec. 3. ) ## ARTICLE 1. General Provisions [716 - 716.2] ( Article 1 added by Stats. 2001, Ch. 398, Sec. 3. )

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    This section enacts the Wildlife Violator Compact into law and enters it with all other participating states.

    ## Fish and Game Code - FGC ## DIVISION 2. DEPARTMENT OF FISH AND WILDLIFE [700 - 1958] ( Heading of Division 2 amended by Stats. 2015, Ch. 154, Sec. 21. ) ## CHAPTER 1.5. Wildlife Violator Compact [716 - 717.2] ( Chapter 1.5 added by Stats. 2001, Ch. 398, Sec. 3. ) ## ARTICLE 1. General Provisions [716 - 716.2] ( Article 1 added by Stats. 2001, Ch. 398, Sec. 3. ) ## 716. The Wildlife Violator Compact is hereby enacted into law and entered into with all other participating states. (Added by Stats. 2001, Ch. 398, Sec. 3. Effective January 1, 2002. Compact effective as prescribed in Section 716.9.)
  91. 716.1.

    ## Fish and Game Code - FGC ## DIVISION 2. DEPARTMENT OF FISH AND WILDLIFE [700 - 1958] ( Heading of Division 2 amended by Stats. 2015, Ch. 154, Sec. 21. ) ## CHAPTER 1.5. Wildlife Violator Compact [716 - 717.2] ( Chapter 1.5 added by Stats. 2001, Ch. 398, Sec. 3. ) ## ARTICLE 1. General Provisions [716 - 716.2] ( Article 1 added by Stats. 2001, Ch. 398, Sec. 3. )

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    This section states California’s policy objectives for joining the Wildlife Violator Compact.

    ## Fish and Game Code - FGC ## DIVISION 2. DEPARTMENT OF FISH AND WILDLIFE [700 - 1958] ( Heading of Division 2 amended by Stats. 2015, Ch. 154, Sec. 21. ) ## CHAPTER 1.5. Wildlife Violator Compact [716 - 717.2] ( Chapter 1.5 added by Stats. 2001, Ch. 398, Sec. 3. ) ## ARTICLE 1. General Provisions [716 - 716.2] ( Article 1 added by Stats. 2001, Ch. 398, Sec. 3. ) ## 716.1. It is the policy of this state in entering into the compact to do all of the following: (a) Promote compliance with the statutes, ordinances, and administrative rules and regulations relating to the management of wildlife resources in this state. (b) Recognize the suspension of wildlife license privileges of any person whose license privileges have been suspended by a participating state and treat that suspension as if it had occurred in the licensee’s home state if the violation that resulted in the suspension could have been the basis for suspension in the home state. (c) Allow a violator, except as provided in subdivision (b) of Section 716.4, to accept a wildlife citation and, without delay or detention, proceed on his or her way whether or not the violator is a resident of the state in which the citation was issued, if the violator’s home state is a party to this compact. (d) Report to the appropriate participating states, as provided in the compact manual, any conviction recorded against any person whose home state was not the issuing state. (e) Allow the home state to recognize and treat convictions recorded against its residents, if those convictions occurred in a participating state, as though they had occurred in the home state. (f) Extend cooperation to its fullest extent among the participating states for enforcing compliance with the terms of a wildlife citation issued in one participating state to a resident of another participating state. (g) Maximize effective use of law enforcement personnel and information. (h) Assist court systems in the efficient disposition of wildlife violations. (Added by Stats. 2001, Ch. 398, Sec. 3. Effective January 1, 2002. Compact effective as prescribed in Section 716.9.)
  92. 716.2.

    ## Fish and Game Code - FGC ## DIVISION 2. DEPARTMENT OF FISH AND WILDLIFE [700 - 1958] ( Heading of Division 2 amended by Stats. 2015, Ch. 154, Sec. 21. ) ## CHAPTER 1.5. Wildlife Violator Compact [716 - 717.2] ( Chapter 1.5 added by Stats. 2001, Ch. 398, Sec. 3. ) ## ARTICLE 1. General Provisions [716 - 716.2] ( Article 1 added by Stats. 2001, Ch. 398, Sec. 3. )

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    This section states the purposes of the chapter: participating states may join a reciprocal program, and wildlife violators in participating states should be treated fairly and impartially.

    ## Fish and Game Code - FGC ## DIVISION 2. DEPARTMENT OF FISH AND WILDLIFE [700 - 1958] ( Heading of Division 2 amended by Stats. 2015, Ch. 154, Sec. 21. ) ## CHAPTER 1.5. Wildlife Violator Compact [716 - 717.2] ( Chapter 1.5 added by Stats. 2001, Ch. 398, Sec. 3. ) ## ARTICLE 1. General Provisions [716 - 716.2] ( Article 1 added by Stats. 2001, Ch. 398, Sec. 3. ) ## 716.2. The purposes of this chapter include both of the following: (a) To provide a means by which participating states may join in a reciprocal program to effectuate the policies enumerated in Section 716.1 in a uniform and orderly manner. (b) To provide for the fair and impartial treatment of wildlife violators operating within participating states in recognition of the violator’s right to due process and the sovereign status of the participating states. (Added by Stats. 2001, Ch. 398, Sec. 3. Effective January 1, 2002. Compact effective as prescribed in Section 716.9.)
  93. 716.3.

    ## Fish and Game Code - FGC ## DIVISION 2. DEPARTMENT OF FISH AND WILDLIFE [700 - 1958] ( Heading of Division 2 amended by Stats. 2015, Ch. 154, Sec. 21. ) ## CHAPTER 1.5. Wildlife Violator Compact [716 - 717.2] ( Chapter 1.5 added by Stats. 2001, Ch. 398, Sec. 3. ) ## ARTICLE 2. Definitions [716.3- 716.3.] ( Article 2 added by Stats. 2001, Ch. 398, Sec. 3. )

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    This section defines key terms used in the Wildlife Violator Compact chapter.

    ## Fish and Game Code - FGC ## DIVISION 2. DEPARTMENT OF FISH AND WILDLIFE [700 - 1958] ( Heading of Division 2 amended by Stats. 2015, Ch. 154, Sec. 21. ) ## CHAPTER 1.5. Wildlife Violator Compact [716 - 717.2] ( Chapter 1.5 added by Stats. 2001, Ch. 398, Sec. 3. ) ## ARTICLE 2. Definitions [716.3- 716.3.] ( Article 2 added by Stats. 2001, Ch. 398, Sec. 3. ) ## 716.3. For purposes of this chapter, the following terms have the following meanings: (a) “Board” means the board of compact administrators established pursuant to Section 716.8. (b) “Citation” means any summons, complaint, ticket, penalty assessment, or other official document issued to a person by a wildlife officer or other peace officer for a wildlife violation pertaining to sport fishing, hunting, or trapping, which contains an order requiring the person to respond. (c) “Collateral” means any cash or other security deposited to secure an appearance for trial in connection with the issuance by a wildlife officer or other peace officer of a citation for a wildlife violation. (d) “Compact manual” is a manual used and adopted by the participating states that prescribes the procedures to be followed in administering the wildlife violator compact in participating states. (e) “Compliance,” with respect to a citation, means the act of answering a citation through an appearance in a court or tribunal, or through the payment of fines, penalties, costs, and surcharges, if any. (f) “Conviction” means a conviction, including, but not limited to, any court conviction for an offense related to sport fishing, hunting, or trapping, that is prohibited by statute, ordinance, or administrative rule or regulation, that involves the forfeiture of any bail, bond, or other security deposited to secure appearance by a person charged with having committed any such offense, the payment of a penalty assessment, a plea of nolo contendere, and the imposition of a deferred or suspended sentence by the court. (g) “Court” means a court of law, including magistrate’s court and the justice of the peace court. (h) “Home state” means the state of primary residence of a person. (i) “Issuing state” means the participating state that issues a wildlife citation to the violator. (j) “License” means any license, permit, entitlement to use, or other public document that conveys to the person to whom it is issued the privilege of sport fishing, hunting, or trapping, that is regulated by statute, ordinance, or administrative rule or regulation of a participating state. (k) “Licensing authority,” with reference to this state, means the department, which is the state agency authorized by law to issue or approve licenses or permits to sport fish, hunt, or trap. (l) “Participating state” means any state that enacts legislation to become a member of the wildlife compact. (m) “Personal recognizance” means an agreement by a person made at the time of issuance of the wildlife citation that the person will comply with the terms of the citation. (n) “State” means any state, territory, or possession of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Provinces of Canada, and other countries. (o) “Suspension” means any revocation, denial, or withdrawal of any or all license privileges, including the privilege to apply for, purchase, or exercise the benefits conferred by any license for sport fishing, hunting, or trapping. (p) “Terms of the citation” means those conditions and options expressly stated upon a citation. (q) “Wildlife” means all species of animals including, but not limited to, mammals, birds, fish, reptiles, amphibians, mollusks, and crustaceans, which are defined as “wildlife” and are protected or otherwise regulated by statute, ordinance, or administrative rule or regulation in a participating state. The species included in the definition of “wildlife” vary from state to state and the determination of whether a species is “wildlife” for the purposes of this compact shall be based on the law of the participating state. (r) “Wildlife law” means any statute, regulation, ordinance, or administrative rule or regulation developed and enacted for the management of wildlife resources and the uses thereof. (s) “Wildlife officer” means any individual authorized in this state to issue a citation for a wildlife violation. (t) “Wildlife violation” means the violation of a statute, ordinance, or administrative rule or regulation developed and enacted for the management of wildlife resources and the uses thereof pertaining to sport fishing, hunting, and trapping and for which a prosecution is initiated. (Amended by Stats. 2015, Ch. 154, Sec. 24. (AB 1527) Effective January 1, 2016. Compact effective as prescribed in Section 716.9.)
  94. 716.4.

    ## Fish and Game Code - FGC ## DIVISION 2. DEPARTMENT OF FISH AND WILDLIFE [700 - 1958] ( Heading of Division 2 amended by Stats. 2015, Ch. 154, Sec. 21. ) ## CHAPTER 1.5. Wildlife Violator Compact [716 - 717.2] ( Chapter 1.5 added by Stats. 2001, Ch. 398, Sec. 3. ) ## ARTICLE 3. Issuing State Violation Procedures [716.4- 716.4.] ( Article 3 added by Stats. 2001, Ch. 398, Sec. 3. )

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    Wildlife officers may issue citations to certain out-of-state residents, and they generally may not require collateral if personal recognizance is accepted.

    ## Fish and Game Code - FGC ## DIVISION 2. DEPARTMENT OF FISH AND WILDLIFE [700 - 1958] ( Heading of Division 2 amended by Stats. 2015, Ch. 154, Sec. 21. ) ## CHAPTER 1.5. Wildlife Violator Compact [716 - 717.2] ( Chapter 1.5 added by Stats. 2001, Ch. 398, Sec. 3. ) ## ARTICLE 3. Issuing State Violation Procedures [716.4- 716.4.] ( Article 3 added by Stats. 2001, Ch. 398, Sec. 3. ) ## 716.4. (a) Notwithstanding any other provision of law, when issuing a citation for a wildlife violation for purposes of this chapter, a wildlife officer of the issuing state may issue a citation to any person whose primary residence is in a participating state in the same manner as though the person were a resident of the issuing state, and shall not require that person to post collateral to secure appearance, except as provided in subdivision (b), if the officer receives the personal recognizance of the person that he or she will comply with the terms of the citation. (b) Personal recognizance is acceptable unless prohibited by ordinance of a city or county, the policy of the issuing agency, a procedure or regulation, or by the compact manual, and only if the violator provides adequate proof of identification to the wildlife officer. (c) Upon conviction or failure of a person to comply with the terms of a wildlife citation, the appropriate wildlife officer shall report the conviction or failure to comply to the licensing authority of the participating state in which the wildlife citation was issued. The report shall be made in accordance with procedures specified by the issuing state, and shall contain information as prescribed in the compact manual. (d) Upon receipt of the report of conviction or noncompliance pursuant to subdivision (c), the licensing authority of the issuing state shall transmit to the licensing authority of the home state of the violator the information in the form and content prescribed in the compact manual. (Added by Stats. 2001, Ch. 398, Sec. 3. Effective January 1, 2002. Compact effective as prescribed in Section 716.9.)
  95. 716.5.

    ## Fish and Game Code - FGC ## DIVISION 2. DEPARTMENT OF FISH AND WILDLIFE [700 - 1958] ( Heading of Division 2 amended by Stats. 2015, Ch. 154, Sec. 21. ) ## CHAPTER 1.5. Wildlife Violator Compact [716 - 717.2] ( Chapter 1.5 added by Stats. 2001, Ch. 398, Sec. 3. ) ## ARTICLE 4. Home State Procedures [716.5- 716.5.] ( Article 4 added by Stats. 2001, Ch. 398, Sec. 3. )

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    The licensing authority must notify the violator, start a suspension action, and suspend license privileges after a failure to comply with a citation; the home state licensing authority may also record a conviction and treat it as a home-state conviction if the conduct would be a wildlife violation there.

    ## Fish and Game Code - FGC ## DIVISION 2. DEPARTMENT OF FISH AND WILDLIFE [700 - 1958] ( Heading of Division 2 amended by Stats. 2015, Ch. 154, Sec. 21. ) ## CHAPTER 1.5. Wildlife Violator Compact [716 - 717.2] ( Chapter 1.5 added by Stats. 2001, Ch. 398, Sec. 3. ) ## ARTICLE 4. Home State Procedures [716.5- 716.5.] ( Article 4 added by Stats. 2001, Ch. 398, Sec. 3. ) ## 716.5. (a) Upon receipt of a report from the licensing authority of the issuing state reporting the failure of a violator to comply with the terms of a citation, the licensing authority shall notify the violator and shall initiate a suspension action. The licensing authority shall suspend the violator’s license privileges, in accordance with the requirements of due process, until satisfactory evidence of compliance with the terms of the wildlife citation has been furnished to the licensing authority. (b) Upon receipt of a report of conviction from the licensing authority of the issuing state, the licensing authority of the home state may enter that conviction in its records and may treat the conviction as though it occurred in the home state for the purposes of the suspension of license privileges, if the violation that resulted in the conviction would constitute a wildlife violation in the home state. (c) The licensing authority of the home state shall maintain a record of actions taken and shall make reports to issuing states as provided in the compact manual. (Added by Stats. 2001, Ch. 398, Sec. 3. Effective January 1, 2002. Compact effective as prescribed in Section 716.9.)
  96. 716.6.

    ## Fish and Game Code - FGC ## DIVISION 2. DEPARTMENT OF FISH AND WILDLIFE [700 - 1958] ( Heading of Division 2 amended by Stats. 2015, Ch. 154, Sec. 21. ) ## CHAPTER 1.5. Wildlife Violator Compact [716 - 717.2] ( Chapter 1.5 added by Stats. 2001, Ch. 398, Sec. 3. ) ## ARTICLE 5. Reciprocal Recognition of Suspension [716.6- 716.6.] ( Article 5 added by Stats. 2001, Ch. 398, Sec. 3. )

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    The state licensing authority may recognize license suspensions from participating states if the underlying conduct would be a wildlife violation here and could also support suspension under state law. It must also share suspension information with other participating states as required by the compact manual.

    ## Fish and Game Code - FGC ## DIVISION 2. DEPARTMENT OF FISH AND WILDLIFE [700 - 1958] ( Heading of Division 2 amended by Stats. 2015, Ch. 154, Sec. 21. ) ## CHAPTER 1.5. Wildlife Violator Compact [716 - 717.2] ( Chapter 1.5 added by Stats. 2001, Ch. 398, Sec. 3. ) ## ARTICLE 5. Reciprocal Recognition of Suspension [716.6- 716.6.] ( Article 5 added by Stats. 2001, Ch. 398, Sec. 3. ) ## 716.6. (a) As a participating member of the wildlife violator compact, the licensing authority of this state may recognize the suspension of license privileges of any person by any participating state if both of the following occur: (1) The violation that resulted in the conviction would constitute a wildlife violation in this state. (2) The conviction that resulted in the suspension could have been the basis for suspension under the statutes, ordinances, or administrative rules or regulations of this state. (b) The licensing authority shall communicate suspension information to other participating states in the form and content prescribed by the compact manual. (Added by Stats. 2001, Ch. 398, Sec. 3. Effective January 1, 2002. Compact effective as prescribed in Section 716.9.)
  97. 716.7.

    ## Fish and Game Code - FGC ## DIVISION 2. DEPARTMENT OF FISH AND WILDLIFE [700 - 1958] ( Heading of Division 2 amended by Stats. 2015, Ch. 154, Sec. 21. ) ## CHAPTER 1.5. Wildlife Violator Compact [716 - 717.2] ( Chapter 1.5 added by Stats. 2001, Ch. 398, Sec. 3. ) ## ARTICLE 6. Applicability of Other Laws [716.7- 716.7.] ( Article 6 added by Stats. 2001, Ch. 398, Sec. 3. )

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    This provision says the chapter does not limit a participating state’s right to apply its own license-privilege laws, or to make wildlife-law-enforcement agreements with a nonparticipating state, unless the chapter expressly requires otherwise.

    ## Fish and Game Code - FGC ## DIVISION 2. DEPARTMENT OF FISH AND WILDLIFE [700 - 1958] ( Heading of Division 2 amended by Stats. 2015, Ch. 154, Sec. 21. ) ## CHAPTER 1.5. Wildlife Violator Compact [716 - 717.2] ( Chapter 1.5 added by Stats. 2001, Ch. 398, Sec. 3. ) ## ARTICLE 6. Applicability of Other Laws [716.7- 716.7.] ( Article 6 added by Stats. 2001, Ch. 398, Sec. 3. ) ## 716.7. Except as expressly required by this chapter, this chapter shall not be construed to affect the right of any participating state to apply any of its statutes, ordinances, or administrative rules or regulations relating to license privileges to any person or circumstance, or to invalidate or prevent any agreement or other cooperative arrangement between a participating state and a nonparticipating state, concerning wildlife law enforcement. (Added by Stats. 2001, Ch. 398, Sec. 3. Effective January 1, 2002. Compact effective as prescribed in Section 716.9.)
  98. 716.8.

    ## Fish and Game Code - FGC ## DIVISION 2. DEPARTMENT OF FISH AND WILDLIFE [700 - 1958] ( Heading of Division 2 amended by Stats. 2015, Ch. 154, Sec. 21. ) ## CHAPTER 1.5. Wildlife Violator Compact [716 - 717.2] ( Chapter 1.5 added by Stats. 2001, Ch. 398, Sec. 3. ) ## ARTICLE 7. Compact Administrator Procedures [716.8- 716.8.] ( Article 7 added by Stats. 2001, Ch. 398, Sec. 3. )

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    This section sets up a board of compact administrators and gives it procedures, voting rules, and powers to manage the compact.

    ## Fish and Game Code - FGC ## DIVISION 2. DEPARTMENT OF FISH AND WILDLIFE [700 - 1958] ( Heading of Division 2 amended by Stats. 2015, Ch. 154, Sec. 21. ) ## CHAPTER 1.5. Wildlife Violator Compact [716 - 717.2] ( Chapter 1.5 added by Stats. 2001, Ch. 398, Sec. 3. ) ## ARTICLE 7. Compact Administrator Procedures [716.8- 716.8.] ( Article 7 added by Stats. 2001, Ch. 398, Sec. 3. ) ## 716.8. (a) (1) A board of compact administrators is hereby established to serve as a governing body for the resolution of all matters relating to the operation of this compact. The board shall be composed of one member from each of the participating states to be known as the compact administrator. (2) A compact administrator of any participating state may provide for the discharge of his or her duties and the performance of his or her functions as a board member by an alternate, designated by that member. An alternate is not entitled to serve unless written notification of his or her identity is provided to the board. (3) The compact administrator for this state shall be appointed by the director and shall serve, and be subject to removal, in accordance with the laws of this state. (b) Each member of the board is entitled to one vote. No action of the board shall be binding unless taken at a meeting at which a majority of the membership of the board vote in favor thereof. Action by the board may only be taken at a meeting at which a majority of the membership of the board is present. (c) The board shall elect annually from its membership a chairperson and vice chairperson. (d) The board shall adopt bylaws, not inconsistent with this compact, and may amend and rescind the bylaws. (e) The board may accept for any of its purposes and functions under this compact any donation and grant of money, equipment, supplies, materials, and services, conditional or otherwise, from any state, the United States, or any governmental agency, and may receive, utilize, and dispose thereof. (f) The board may contract with, or accept services or personnel from, any governmental or intergovernmental agency, individual, firm, or corporation, including any private nonprofit organization or institution. (g) The board shall formulate all necessary procedures and develop uniform forms and documents for administering this compact. All procedures and forms adopted pursuant to board action shall be contained in a compact manual. (Added by Stats. 2001, Ch. 398, Sec. 3. Effective January 1, 2002. Compact effective as prescribed in Section 716.9.)
  99. 716.9.

    ## Fish and Game Code - FGC ## DIVISION 2. DEPARTMENT OF FISH AND WILDLIFE [700 - 1958] ( Heading of Division 2 amended by Stats. 2015, Ch. 154, Sec. 21. ) ## CHAPTER 1.5. Wildlife Violator Compact [716 - 717.2] ( Chapter 1.5 added by Stats. 2001, Ch. 398, Sec. 3. ) ## ARTICLE 8. Entry Into Compact and Withdrawal [716.9- 716.9.] ( Article 8 added by Stats. 2001, Ch. 398, Sec. 3. )

    Verify source ↗

    This section sets the process for a state to join the compact and for a participating state to withdraw from it.

    ## Fish and Game Code - FGC ## DIVISION 2. DEPARTMENT OF FISH AND WILDLIFE [700 - 1958] ( Heading of Division 2 amended by Stats. 2015, Ch. 154, Sec. 21. ) ## CHAPTER 1.5. Wildlife Violator Compact [716 - 717.2] ( Chapter 1.5 added by Stats. 2001, Ch. 398, Sec. 3. ) ## ARTICLE 8. Entry Into Compact and Withdrawal [716.9- 716.9.] ( Article 8 added by Stats. 2001, Ch. 398, Sec. 3. ) ## 716.9. (a) This chapter shall become effective at such time as it is adopted in substantially similar form by this state and one or more other states, subject to the following conditions: (1) The entry into the compact shall be made by resolution executed and ratified by authorized officials of the applying state and submitted to the chairperson of the board of contract administrators. (2) The resolution shall substantially be in the form and content as provided in the compact manual, and shall include all of the following: (A) A citation of the authority authorizing the state to become a party to this compact. (B) An agreement to comply with the terms and provisions of this compact. (C) An agreement that the state entering into the compact agrees to participate with all participating states in the compact. (b) The effective date of entry into the compact shall be specified by the applying state but shall not be less than 60 days after notice has been given by either the chairperson or secretary of the board to each participating state that the resolution from the applying state has been received. (c) A participating state may withdraw from participation in this compact by giving written notice to the compact administrator of each participating state. The withdrawal shall not become effective until 90 days from the date on which the written notice of withdrawal is sent to each participating state. The withdrawal of any state shall not affect the validity of this compact as to the remaining participating states. (Added by Stats. 2001, Ch. 398, Sec. 3. Effective January 1, 2002. The Wildlife Violator Compact (as set out in Chapter 1.5, Sections 716 to 717.2) becomes effective as provided in this section.)
  100. 717.

    ## Fish and Game Code - FGC ## DIVISION 2. DEPARTMENT OF FISH AND WILDLIFE [700 - 1958] ( Heading of Division 2 amended by Stats. 2015, Ch. 154, Sec. 21. ) ## CHAPTER 1.5. Wildlife Violator Compact [716 - 717.2] ( Chapter 1.5 added by Stats. 2001, Ch. 398, Sec. 3. ) ## ARTICLE 9. Amendments to the Compact [717- 717.] ( Article 9 added by Stats. 2001, Ch. 398, Sec. 3. )

    Verify source ↗

    The compact may be amended, but amendments must be initiated by participating states, presented in resolution form to the board chairperson, and endorsed by all participating states before taking effect.

    ## Fish and Game Code - FGC ## DIVISION 2. DEPARTMENT OF FISH AND WILDLIFE [700 - 1958] ( Heading of Division 2 amended by Stats. 2015, Ch. 154, Sec. 21. ) ## CHAPTER 1.5. Wildlife Violator Compact [716 - 717.2] ( Chapter 1.5 added by Stats. 2001, Ch. 398, Sec. 3. ) ## ARTICLE 9. Amendments to the Compact [717- 717.] ( Article 9 added by Stats. 2001, Ch. 398, Sec. 3. ) ## 717. (a) This compact may be amended periodically. Amendments shall be presented in resolution form to the chairperson of the board, and shall be initiated by one or more participating states. (b) The adoption of an amendment requires endorsement by all participating states and becomes effective 30 days after the date of the last endorsement. (c) The failure of any participating state to respond to the appropriate authority within 60 days after receipt of a proposed amendment constitutes endorsement thereof. (Added by Stats. 2001, Ch. 398, Sec. 3. Effective January 1, 2002. Compact effective as prescribed in Section 716.9.)
  101. 717.1.

    ## Fish and Game Code - FGC ## DIVISION 2. DEPARTMENT OF FISH AND WILDLIFE [700 - 1958] ( Heading of Division 2 amended by Stats. 2015, Ch. 154, Sec. 21. ) ## CHAPTER 1.5. Wildlife Violator Compact [716 - 717.2] ( Chapter 1.5 added by Stats. 2001, Ch. 398, Sec. 3. ) ## ARTICLE 10. Construction and Severability [717.1 - 717.2] ( Article 10 added by Stats. 2001, Ch. 398, Sec. 3. )

    Verify source ↗

    This compact must be interpreted liberally to carry out its purposes.

    ## Fish and Game Code - FGC ## DIVISION 2. DEPARTMENT OF FISH AND WILDLIFE [700 - 1958] ( Heading of Division 2 amended by Stats. 2015, Ch. 154, Sec. 21. ) ## CHAPTER 1.5. Wildlife Violator Compact [716 - 717.2] ( Chapter 1.5 added by Stats. 2001, Ch. 398, Sec. 3. ) ## ARTICLE 10. Construction and Severability [717.1 - 717.2] ( Article 10 added by Stats. 2001, Ch. 398, Sec. 3. ) ## 717.1. This compact shall be liberally construed to effectuate its purposes. (Added by Stats. 2001, Ch. 398, Sec. 3. Effective January 1, 2002. Compact effective as prescribed in Section 716.9.)
  102. 717.2.

    ## Fish and Game Code - FGC ## DIVISION 2. DEPARTMENT OF FISH AND WILDLIFE [700 - 1958] ( Heading of Division 2 amended by Stats. 2015, Ch. 154, Sec. 21. ) ## CHAPTER 1.5. Wildlife Violator Compact [716 - 717.2] ( Chapter 1.5 added by Stats. 2001, Ch. 398, Sec. 3. ) ## ARTICLE 10. Construction and Severability [717.1 - 717.2] ( Article 10 added by Stats. 2001, Ch. 398, Sec. 3. )

    Verify source ↗

    This chapter’s provisions are severable.

    ## Fish and Game Code - FGC ## DIVISION 2. DEPARTMENT OF FISH AND WILDLIFE [700 - 1958] ( Heading of Division 2 amended by Stats. 2015, Ch. 154, Sec. 21. ) ## CHAPTER 1.5. Wildlife Violator Compact [716 - 717.2] ( Chapter 1.5 added by Stats. 2001, Ch. 398, Sec. 3. ) ## ARTICLE 10. Construction and Severability [717.1 - 717.2] ( Article 10 added by Stats. 2001, Ch. 398, Sec. 3. ) ## 717.2. The provisions of this chapter are severable. If any provision of this chapter or its application is held invalid or contrary to the constitution of any participating state or of the United States, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application. (Added by Stats. 2001, Ch. 398, Sec. 3. Effective January 1, 2002. Compact effective as prescribed in Section 716.9.)
  103. 7180.1.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 2. SPORT FISHING [7100 - 7400] ( Part 2 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1. Generally [7100 - 7232] ( Chapter 1 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 4. Reciprocal Sport Fishing Licenses [7180.1 - 7186.1] ( Article 4 enacted by Stats. 1957, Ch. 456. )

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    Some people fishing or taking amphibia for non-profit use in specified Colorado River waters must carry a valid sportfishing license from Arizona or California.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 2. SPORT FISHING [7100 - 7400] ( Part 2 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1. Generally [7100 - 7232] ( Chapter 1 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 4. Reciprocal Sport Fishing Licenses [7180.1 - 7186.1] ( Article 4 enacted by Stats. 1957, Ch. 456. ) ## 7180.1. (a) Any person taking fish or amphibia for purposes other than profit from or on a boat or other floating device on the waters of the Colorado River or on adjacent waters, except canals, drains, or ditches used to transport water used for irrigation or domestic purposes, shall have in their possession a valid sportfishing license issued by either the State of Arizona or State of California. (b) This section applies only to licenses, permits, reservations, tags, and other entitlements issued through the Automated License Data System. (Amended by Stats. 2023, Ch. 132, Sec. 133. (AB 1760) Effective January 1, 2024.)
  104. 7181.1.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 2. SPORT FISHING [7100 - 7400] ( Part 2 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1. Generally [7100 - 7232] ( Chapter 1 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 4. Reciprocal Sport Fishing Licenses [7180.1 - 7186.1] ( Article 4 enacted by Stats. 1957, Ch. 456. )

    Verify source ↗

    A person shore-fishing in the Colorado River waters of Arizona or California must carry a valid sportfishing license from the state with jurisdiction over that shore.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 2. SPORT FISHING [7100 - 7400] ( Part 2 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1. Generally [7100 - 7232] ( Chapter 1 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 4. Reciprocal Sport Fishing Licenses [7180.1 - 7186.1] ( Article 4 enacted by Stats. 1957, Ch. 456. ) ## 7181.1. (a) A person fishing from the shore in the waters of the Colorado River located in Arizona or California shall have in their possession a valid sportfishing license issued by the state that has jurisdiction over that shore. (b) This section applies only to licenses, permits, reservations, tags, and other entitlements issued through the Automated License Data System. (Amended by Stats. 2023, Ch. 132, Sec. 134. (AB 1760) Effective January 1, 2024.)
  105. 7183.1.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 2. SPORT FISHING [7100 - 7400] ( Part 2 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1. Generally [7100 - 7232] ( Chapter 1 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 4. Reciprocal Sport Fishing Licenses [7180.1 - 7186.1] ( Article 4 enacted by Stats. 1957, Ch. 456. )

    Verify source ↗

    Arizona and California wildlife authorities must process certain reciprocal fishing-related licenses and validations through designated license dealers, and each must file an annual audit report and remittance by August 31.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 2. SPORT FISHING [7100 - 7400] ( Part 2 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1. Generally [7100 - 7232] ( Chapter 1 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 4. Reciprocal Sport Fishing Licenses [7180.1 - 7186.1] ( Article 4 enacted by Stats. 1957, Ch. 456. ) ## 7183.1. (a) The Arizona Game and Fish Commission shall handle California sportfishing licenses and California special use validations and issue them through Arizona license dealers. Prior to August 31 of each year, that commission shall make an audit report and send a remittance for those issued to the department. (b) The department shall handle Arizona special use validations and issue them through California license dealers. Prior to August 31 of each year that department shall make an audit report and send a remittance for those issued to the Arizona Game and Fish Commission. (c) This section applies only to licenses, permits, reservations, tags, and other entitlements issued through the Automated License Data System. (Amended by Stats. 2015, Ch. 154, Sec. 84. (AB 1527) Effective January 1, 2016.)
  106. 7184.1.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 2. SPORT FISHING [7100 - 7400] ( Part 2 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1. Generally [7100 - 7232] ( Chapter 1 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 4. Reciprocal Sport Fishing Licenses [7180.1 - 7186.1] ( Article 4 enacted by Stats. 1957, Ch. 456. )

    Verify source ↗

    Arizona and California special use validations are valid for the stated time periods, and the section applies only to certain entitlements issued through the Automated License Data System.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 2. SPORT FISHING [7100 - 7400] ( Part 2 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1. Generally [7100 - 7232] ( Chapter 1 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 4. Reciprocal Sport Fishing Licenses [7180.1 - 7186.1] ( Article 4 enacted by Stats. 1957, Ch. 456. ) ## 7184.1. (a) An Arizona special use validation is valid from January 1 to December 31, inclusive, of each year, to coincide with the period for which a California sportfishing license is issued. (b) A California special use validation is valid for one year to coincide with the period for which an Arizona fishing license is issued. (c) This section applies only to licenses, permits, reservations, tags, and other entitlements issued through the Automated License Data System. (Added by Stats. 2001, Ch. 112, Sec. 56. Effective January 1, 2002.)
  107. 7185.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 2. SPORT FISHING [7100 - 7400] ( Part 2 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1. Generally [7100 - 7232] ( Chapter 1 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 4. Reciprocal Sport Fishing Licenses [7180.1 - 7186.1] ( Article 4 enacted by Stats. 1957, Ch. 456. )

    Verify source ↗

    This article stays in effect only while the commission finds Arizona offers substantially similar reciprocal licenses on substantially the same terms.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 2. SPORT FISHING [7100 - 7400] ( Part 2 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1. Generally [7100 - 7232] ( Chapter 1 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 4. Reciprocal Sport Fishing Licenses [7180.1 - 7186.1] ( Article 4 enacted by Stats. 1957, Ch. 456. ) ## 7185. This article shall become operative and remain effective so long as the commission finds and determines that under the laws of the State of Arizona substantially similar Arizona licenses are authorized to be issued to licensees of the State of California upon substantially the same terms and conditions as are provided for in this article as to the issuance of California licenses to licensees of the State of Arizona. (Enacted by Stats. 1957, Ch. 456.)
  108. 7186.1.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 2. SPORT FISHING [7100 - 7400] ( Part 2 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1. Generally [7100 - 7232] ( Chapter 1 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 4. Reciprocal Sport Fishing Licenses [7180.1 - 7186.1] ( Article 4 enacted by Stats. 1957, Ch. 456. )

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    If the director determines the needed Arizona law has been received, a California special use validation for the same period as the Arizona resident sportfishing license may be issued for $1.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 2. SPORT FISHING [7100 - 7400] ( Part 2 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1. Generally [7100 - 7232] ( Chapter 1 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 4. Reciprocal Sport Fishing Licenses [7180.1 - 7186.1] ( Article 4 enacted by Stats. 1957, Ch. 456. ) ## 7186.1. (a) When the director determines from the Secretary of State that copies of the law of the State of Arizona have been received by the Secretary of State that provides for an Arizona resident sportfishing license valid for a period of less than one year, a California special use validation valid for the same period as the Arizona resident sportfishing license may be issued for a fee of one dollar ($1). (b) If Arizona issues a resident sportfishing license for a term less than one year for the purpose of changing to a calendar year license from a fiscal year license, that license shall be deemed to be a license upon substantially the same terms and conditions as are provided for the issuance of California licenses to licensees of the State of Arizona for the purposes of Section 7185. (c) This section applies only to licenses, permits, reservations, tags, and other entitlements issued through the Automated License Data System. (Added by Stats. 2001, Ch. 112, Sec. 58. Effective January 1, 2002.)
  109. 7230.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 2. SPORT FISHING [7100 - 7400] ( Part 2 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1. Generally [7100 - 7232] ( Chapter 1 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 5. Processing and Preserving of Fish Taken Under Sport Fishing License [7230 - 7232] ( Article 5 enacted by Stats. 1957, Ch. 456. )

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    Fish taken under a sport fishing license may be canned or smoked by a cannery or processor, but the packages must be marked “not to be sold,” and the fish may not be sold, purchased, or offered for sale.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 2. SPORT FISHING [7100 - 7400] ( Part 2 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1. Generally [7100 - 7232] ( Chapter 1 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 5. Processing and Preserving of Fish Taken Under Sport Fishing License [7230 - 7232] ( Article 5 enacted by Stats. 1957, Ch. 456. ) ## 7230. (a) Subject to Section 7121, fish lawfully taken under a sport fishing license may be canned or smoked by a fish cannery or processor as a service for a licensed sport fisherman. (b) Any cannery or packing plant in which fish that have been taken under a sport fishing license are canned, shall emboss or imprint on the top of each can the words “not to be sold” in letters of such size as to be clearly legible, and the embossment or imprint shall remain affixed to the can. (c) Any cannery or packing plant in which fish that have been taken under a sport fishing license are smoked shall permanently imprint on each package the words “not to be sold” in letters of such size as to be clearly legible, and the imprint shall remain visible on the package. (d) Fish canned or smoked under this section shall not be sold, purchased, or offered for sale. (Amended by Stats. 1985, Ch. 1403, Sec. 3.)
  110. 7232.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 2. SPORT FISHING [7100 - 7400] ( Part 2 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1. Generally [7100 - 7232] ( Chapter 1 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 5. Processing and Preserving of Fish Taken Under Sport Fishing License [7230 - 7232] ( Article 5 enacted by Stats. 1957, Ch. 456. )

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    A fish canner or fish processor may process, use, or sell offal from a sport-caught fish if the license holder delivers it to them, but neither the license holder may sell the fish nor the canner/processor buy it.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 2. SPORT FISHING [7100 - 7400] ( Part 2 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1. Generally [7100 - 7232] ( Chapter 1 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 5. Processing and Preserving of Fish Taken Under Sport Fishing License [7230 - 7232] ( Article 5 enacted by Stats. 1957, Ch. 456. ) ## 7232. (a) Notwithstanding Section 7121 any offal from a fish taken under a sport fishing license which is delivered by the license holder to a fish canner or fish processor may be processed, used, or sold by that fish canner or fish processor. (b) Nothing in this section authorizes a holder of a sport fishing license to sell, or a fish canner or fish processor to purchase from a holder of a sport fishing license, any fish taken under a sport fishing license. (Amended by Stats. 2023, Ch. 132, Sec. 136. (AB 1760) Effective January 1, 2024.)
  111. 7256.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 2. SPORT FISHING [7100 - 7400] ( Part 2 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Particular Varieties of Fish [7256 - 7400] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 1. Spiny Lobster [7256- 7256.] ( Heading of Article 1 added by Stats. 1979, Ch. 373. )

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    Spiny lobster cannot be taken under a sport fishing license unless a hoop net or hand is used.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 2. SPORT FISHING [7100 - 7400] ( Part 2 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Particular Varieties of Fish [7256 - 7400] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 1. Spiny Lobster [7256- 7256.] ( Heading of Article 1 added by Stats. 1979, Ch. 373. ) ## 7256. Spiny lobster may not be taken under a sport fishing license except by use of a hoop net or by hand. (Added by Stats. 1961, Ch. 1315.)
  112. 7260.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 2. SPORT FISHING [7100 - 7400] ( Part 2 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Particular Varieties of Fish [7256 - 7400] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 1.3. Native California Trout [7260 - 7261] ( Article 1.3 added by Stats. 2002, Ch. 645, Sec. 1. )

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    The commission may designate “Heritage Trout Waters” for California native trout recognition, if the designation meets the stated criteria.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 2. SPORT FISHING [7100 - 7400] ( Part 2 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Particular Varieties of Fish [7256 - 7400] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 1.3. Native California Trout [7260 - 7261] ( Article 1.3 added by Stats. 2002, Ch. 645, Sec. 1. ) ## 7260. (a) The Legislature finds and declares all of the following: (1) California has the greatest biodiversity of native trout species of any state in the nation. Trout can be found in more than 18,000 miles of California’s cooler streams. California’s trout are the principal sport fish in 3,581 cold-water lakes and reservoirs. (2) Self-sustaining native trout populations in “Heritage Trout Waters” that retain and promote genetic trout diversity and overall sustainable watershed and ecosystem environmental health are state policy. (b) Funding for “Heritage Trout Waters” is a priority for the Hatchery and Inland Fisheries Fund. (c) The commission may designate “Heritage Trout Waters” to recognize the beauty, diversity, historical significance, and special values of California’s native trout. The commission’s designation shall meet both of the following criteria: (1) Only waters supporting populations that best exemplify indigenous strains of native trout within their historic drainages may qualify for designation. (2) Only waters providing anglers with an opportunity to catch native trout consistent with the conservation of the native trout may qualify for designation. (3) Any stocking of heritage trout waters shall meet the criteria established by Chapter 7.2 (commencing with Section 1725) of Division 2. (Amended by Stats. 2012, Ch. 565, Sec. 22. (SB 1148) Effective January 1, 2013.)
  113. 7261.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 2. SPORT FISHING [7100 - 7400] ( Part 2 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Particular Varieties of Fish [7256 - 7400] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 1.3. Native California Trout [7260 - 7261] ( Article 1.3 added by Stats. 2002, Ch. 645, Sec. 1. )

    Verify source ↗

    This section lists the fish classified as native California trout.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 2. SPORT FISHING [7100 - 7400] ( Part 2 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Particular Varieties of Fish [7256 - 7400] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 1.3. Native California Trout [7260 - 7261] ( Article 1.3 added by Stats. 2002, Ch. 645, Sec. 1. ) ## 7261. The following are native California trout: (a) Coastal cutthroat trout. (b) Lahontan cutthroat trout. (c) Paiute cutthroat trout. (d) Coastal rainbow trout/steelhead. (e) Eagle Lake rainbow trout. (f) Kern River rainbow trout. (g) Goose Lake redband trout. (h) McCloud River redband trout. (i) Warner Valley redband trout. (j) Little Kern golden trout. (k) California golden trout. (Added by Stats. 2002, Ch. 645, Sec. 1. Effective January 1, 2003.)
  114. 7290.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 2. SPORT FISHING [7100 - 7400] ( Part 2 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Particular Varieties of Fish [7256 - 7400] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 1.5. Pismo Clams [7290- 7290.] ( Heading of Article 1.5 renumbered from Article 1 by Stats. 1979, Ch. 373. )

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    A person may not possess a pismo clam that is not in its shell, unless it is being prepared for immediate consumption.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 2. SPORT FISHING [7100 - 7400] ( Part 2 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Particular Varieties of Fish [7256 - 7400] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 1.5. Pismo Clams [7290- 7290.] ( Heading of Article 1.5 renumbered from Article 1 by Stats. 1979, Ch. 373. ) ## 7290. No pismo clam not in the shell may be possessed, except when it is being prepared for immediate consumption. (Enacted by Stats. 1957, Ch. 456.)
  115. 73.

    ## 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 “Section” and “Subdivision” for the code, with limited exceptions when another statute or section is specifically mentioned.

    ## 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. ) ## 73. “Section” means a section of this code unless some other statute is specifically mentioned. “Subdivision” means a subdivision of the section in which that term occurs unless some other section is expressly mentioned. (Enacted by Stats. 1957, Ch. 456.)
  116. 7332.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 2. SPORT FISHING [7100 - 7400] ( Part 2 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Particular Varieties of Fish [7256 - 7400] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 2. Clams Generally, Mollusks, and Crustaceans [7332- 7332.] ( Heading of Article 2 renumbered from Article 3 by Stats. 1961, Ch. 164. )

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    A person may not possess any instrument that can be used to dig clams on any beach in this State from one-half hour after sunset to one-half hour before sunrise, unless the item is a tool or implement used to clean, repair, or maintain the beach and is possessed by an authorized person.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 2. SPORT FISHING [7100 - 7400] ( Part 2 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Particular Varieties of Fish [7256 - 7400] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 2. Clams Generally, Mollusks, and Crustaceans [7332- 7332.] ( Heading of Article 2 renumbered from Article 3 by Stats. 1961, Ch. 164. ) ## 7332. No instrument capable of being used to dig clams may be possessed between one-half hour after sunset and one-half hour before sunrise, on any beach of this State, except tools and implements used in the work of cleaning, repairing, or maintaining such beach when possessed by a person authorized by appropriate authority to perform such work. (Enacted by Stats. 1957, Ch. 456.)
  117. 7350.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 2. SPORT FISHING [7100 - 7400] ( Part 2 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Particular Varieties of Fish [7256 - 7400] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 3. Giant Seabass [7350- 7350.] ( Article 3 added by Stats. 1981, Ch. 654, Sec. 1. )

    Verify source ↗

    Giant seabass may not be taken under a sport fishing license, except by hook and line when taking other fish.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 2. SPORT FISHING [7100 - 7400] ( Part 2 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Particular Varieties of Fish [7256 - 7400] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 3. Giant Seabass [7350- 7350.] ( Article 3 added by Stats. 1981, Ch. 654, Sec. 1. ) ## 7350. Giant seabass (Stereolepis gigas) may not be taken under a sport fishing license except by hook and line when engaged in the taking of other fish. This section, and any regulations of the commission relating thereto, shall supersede Section 2353. (Added by Stats. 1981, Ch. 654, Sec. 1.)
  118. 7361.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 2. SPORT FISHING [7100 - 7400] ( Part 2 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Particular Varieties of Fish [7256 - 7400] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 4. Bay-Delta Sport Fishing [7361 - 7364] ( Heading of Article 4 amended by Stats. 2003, Ch. 741, Sec. 20. )

    Verify source ↗

    Fees from Bay-Delta Sport Fishing Enhancement Stamp sales must be placed in a separate Fish and Game Preservation Fund account, and the department must spend those funds for Bay-Delta sport fishery benefits. As of January 1, 2010, the stamp or validation is not required and no fee may be collected.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 2. SPORT FISHING [7100 - 7400] ( Part 2 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Particular Varieties of Fish [7256 - 7400] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 4. Bay-Delta Sport Fishing [7361 - 7364] ( Heading of Article 4 amended by Stats. 2003, Ch. 741, Sec. 20. ) ## 7361. (a) Fees received by the department from the sale of the Bay-Delta Sport Fishing Enhancement Stamp or validation shall be deposited in a separate account in the Fish and Game Preservation Fund. The Bay-Delta Sport Fishing Enhancement Stamp or validation shall not be required, and no fee shall be collected, as of January 1, 2010. (b) The department shall expend the funds in that account for the long-term, sustainable benefit of the primary Bay-Delta sport fisheries, including, but not limited to, striped bass, sturgeon, black bass, halibut, salmon, surf perch, steelhead trout, and American shad. Funds shall be expended to benefit sport fish populations, sport fishing opportunities, and anglers within the tidal waters of the San Francisco Bay Delta and the main stem of the Sacramento and San Joaquin Rivers, including major tributaries, below the most downstream dam, and consistent with the requirements of the federal Endangered Species Act of 1973 (16 U.S.C. Sec. 1531 et seq.) and the California Endangered Species Act (Chapter 1.5 (commencing with Section 2050) of Division 3), the ecosystem restoration component of the CALFED Programmatic Record of Decision dated August 28, 2000, and applicable commission policies. (c) It is the intent of the Legislature that these funds be used to augment, not replace, funding that would otherwise be allocated to Bay-Delta sport fisheries from the sale of fishing licenses, the California Bay-Delta Authority, or other federal, state, or local funding sources. (Amended by Stats. 2009, Ch. 381, Sec. 2. (AB 1052) Effective January 1, 2010.)
  119. 7362.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 2. SPORT FISHING [7100 - 7400] ( Part 2 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Particular Varieties of Fish [7256 - 7400] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 4. Bay-Delta Sport Fishing [7361 - 7364] ( Heading of Article 4 amended by Stats. 2003, Ch. 741, Sec. 20. )

    Verify source ↗

    The department must create and manage a grant program, with help from the advisory committee, and the committee gets review time and grant materials.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 2. SPORT FISHING [7100 - 7400] ( Part 2 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Particular Varieties of Fish [7256 - 7400] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 4. Bay-Delta Sport Fishing [7361 - 7364] ( Heading of Article 4 amended by Stats. 2003, Ch. 741, Sec. 20. ) ## 7362. (a) The department, in consultation with the advisory committee created pursuant to Section 7363, shall develop a grant program to support activities consistent with Section 7361. (b) The department, in consultation with the advisory committee, shall develop priority areas for funding under the grant program. The department shall give the advisory committee an opportunity to review any draft public solicitation notice before that notice is finalized and released to the public. (c) The advisory committee shall assist the department in providing outreach to encourage wide participation in the grant program. (d) The department shall provide the advisory committee a copy of all grant applications. The advisory committee shall have a minimum of 30 days to review projects and provide recommendations to the department. (Added by Stats. 2009, Ch. 381, Sec. 4. (AB 1052) Effective January 1, 2010.)
  120. 7363.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 2. SPORT FISHING [7100 - 7400] ( Part 2 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Particular Varieties of Fish [7256 - 7400] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 4. Bay-Delta Sport Fishing [7361 - 7364] ( Heading of Article 4 amended by Stats. 2003, Ch. 741, Sec. 20. )

    Verify source ↗

    The director must appoint a nine-member advisory committee for Bay-Delta sport fishing stamp funds, and the department must report, account for, and post project information annually.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 2. SPORT FISHING [7100 - 7400] ( Part 2 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Particular Varieties of Fish [7256 - 7400] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 4. Bay-Delta Sport Fishing [7361 - 7364] ( Heading of Article 4 amended by Stats. 2003, Ch. 741, Sec. 20. ) ## 7363. (a) The director shall appoint a Bay-Delta Sport Fishing Enhancement Stamp Fund Advisory Committee, consisting of nine members. The committee members shall be selected from names of persons submitted by anglers and associations representing Bay-Delta anglers of this state and shall serve at the discretion of the director for terms of not more than four years. The director shall appoint persons to the committee who possess experience in subjects with specific value to the committee and shall attempt to balance the perspective of different anglers. (b) The advisory committee shall recommend to the department projects and budgets for the expenditure of the funds from the account established in Section 7361. The department shall give full consideration to the committee’s recommendations. (c) The department shall submit to the advisory committee and the Chief Clerk of the Assembly and the Secretary of the Senate for distribution to the appropriate fiscal and policy committees of the Legislature, at least annually, on or before January 10 of each year, an accounting of funds derived from the Bay-Delta Sport Fishing Enhancement Stamps and validations, including the funds generated and expended and administrative expenditures, and the status of programs funded pursuant to this article. In addition, the department shall report, at least annually, to the committee on the status of projects undertaken with funds from that stamp or validation, including reporting the department’s reasoning in cases where committee recommendations are not followed. (d) The department shall post on its Internet Web site projects undertaken with funds from the account established in Section 7361. At a minimum, the Internet Web site shall list the project title, applicant, a brief description of the project, the amount approved, and the project’s status. (Added by renumbering Section 7362 by Stats. 2009, Ch. 381, Sec. 3. (AB 1052) Effective January 1, 2010.)
  121. 7364.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 2. SPORT FISHING [7100 - 7400] ( Part 2 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Particular Varieties of Fish [7256 - 7400] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 4. Bay-Delta Sport Fishing [7361 - 7364] ( Heading of Article 4 amended by Stats. 2003, Ch. 741, Sec. 20. )

    Verify source ↗

    The department must create and submit a spending plan, track and report project costs, reimburse certain lease payments, set guidelines for employee time charging, and not charge unrelated payroll costs to the Section 7361 account.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 2. SPORT FISHING [7100 - 7400] ( Part 2 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Particular Varieties of Fish [7256 - 7400] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 4. Bay-Delta Sport Fishing [7361 - 7364] ( Heading of Article 4 amended by Stats. 2003, Ch. 741, Sec. 20. ) ## 7364. (a) The department shall do all of the following: (1) In consultation with the advisory committee, develop a spending plan that focuses on identifying and funding viable projects and monitoring revenues to assist the department in effectively expending available stamp revenues in a manner consistent with the purposes described in Section 7361. The spending plan shall be completed by January 31, 2010. Upon completion, a copy of the spending plan shall be provided to the Legislature. (2) Track and report the costs of projects funded pursuant to this article by doing both of the following: (A) Improve the tracking of individual project expenditures by assigning a separate account to each project within the department’s accounting system. (B) Require a project manager to approve all expenditures directly related to the manager’s projects, periodically reconcile records for each project with accounting records, and report expenditures to staff responsible for preparing advisory committee reports. (3) Reimburse the department’s general fund appropriation for any lease payment charged to the department’s general fund appropriation on or before January 1, 2010, that was eligible to be paid from the account established in Section 7361. (4) Ensure that employees of the department appropriately charge their time to projects funded pursuant to this article by providing guidelines to employees concerning when to charge activities to the account established in Section 7361. (b) The department shall not charge payroll costs to the account established in Section 7361 for employee activities that are not related to the implementation of this article. The department shall determine whether any other expenditure has been inappropriately charged to the account established in Section 7361 and shall make all necessary accounting adjustments. (Added by Stats. 2009, Ch. 381, Sec. 6. (AB 1052) Effective January 1, 2010.)
  122. 7370.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 2. SPORT FISHING [7100 - 7400] ( Part 2 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Particular Varieties of Fish [7256 - 7400] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 5. Sturgeon [7370- 7370.] ( Article 5 added by Stats. 1983, Ch. 310, Sec. 1. )

    Verify source ↗

    Commercial taking, possession, buying, selling, or offers to trade whole sturgeon or sturgeon parts and eggs are unlawful, with listed exceptions.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 2. SPORT FISHING [7100 - 7400] ( Part 2 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Particular Varieties of Fish [7256 - 7400] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 5. Sturgeon [7370- 7370.] ( Article 5 added by Stats. 1983, Ch. 310, Sec. 1. ) ## 7370. (a) It is unlawful to take or possess for commercial purposes, buy or sell, or offer to buy or sell, a whole sturgeon, or part of a sturgeon, including, but not limited to, its eggs, except as follows: (1) A sturgeon, part of a sturgeon, or sturgeon eggs, taken or possessed by, and the cultured progeny of, an aquaculturist who is registered under Section 15101, may be bought or sold subject to regulations of the commission. (2) A sturgeon, part of a sturgeon, or sturgeon eggs, taken commercially in another state that permits the sale of sturgeon, and lawfully imported under Section 2363, may be possessed, bought, or sold. (3) Sturgeon, or part of a sturgeon, taken pursuant to a sport fishing license, that is processed in accordance with Section 7230. (b) For purposes of this section, it is prima facie evidence that a sturgeon or part of a sturgeon is possessed for commercial purposes, if the possession is more than two times the sport bag limit. (Amended by Stats. 2015, Ch. 154, Sec. 85. (AB 1527) Effective January 1, 2016.)
  123. 7380.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 2. SPORT FISHING [7100 - 7400] ( Part 2 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Particular Varieties of Fish [7256 - 7400] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 6. Steelhead Trout [7380 - 7382] ( Article 6 added by Stats. 1991, Ch. 1037, Sec. 2. )

    Verify source ↗

    People taking steelhead trout in inland waters must carry a valid report-restoration card, record required fishing details, and return the card as directed by the department.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 2. SPORT FISHING [7100 - 7400] ( Part 2 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Particular Varieties of Fish [7256 - 7400] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 6. Steelhead Trout [7380 - 7382] ( Article 6 added by Stats. 1991, Ch. 1037, Sec. 2. ) ## 7380. (a) In addition to a valid California sport fishing license and any applicable sport license stamp issued pursuant to this code, after January 1, 1993, a person taking steelhead trout in inland waters shall have in his or her possession a valid nontransferable steelhead trout fishing report-restoration card issued by the department. The cardholder shall record certain fishing information on the card as designated by the department. The month, day, and location fished shall be recorded before the cardholder begins fishing for the day and when the cardholder moves to another location listed on the back of the report-restoration card. The cardholder shall immediately record catch information upon keeping a steelhead trout and immediately record catch information regarding released steelhead trout whenever the cardholder finishes fishing for the day, or moves to another location listed on the back of the report-restoration card. The cardholder shall return the card to the department on a schedule or date established by the department. (b) The base fee for the card shall be five dollars ($5) for the 2004 license year, which may be adjusted annually thereafter pursuant to Section 713. The funds received by the department from the sale of the card shall be deposited in the Fish and Game Preservation Fund and shall be available for expenditure upon appropriation by the Legislature. The department shall maintain the internal accountability necessary to ensure that all restrictions and requirements pertaining to the expenditure of these funds are met. (c) The commission shall adopt regulations necessary to implement this section. These regulations shall include, but not be limited to, procedures necessary to obtain appropriate steelhead trout resources management information, a requirement that the card contain a statement explaining potential uses of the funds received as authorized by Section 7381, and a requirement that the cards be returned to the department. (Amended by Stats. 2006, Ch. 297, Sec. 1. Effective January 1, 2007. Repealed as of January 1, 2027, pursuant to Section 7382.)
  124. 7381.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 2. SPORT FISHING [7100 - 7400] ( Part 2 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Particular Varieties of Fish [7256 - 7400] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 6. Steelhead Trout [7380 - 7382] ( Article 6 added by Stats. 1991, Ch. 1037, Sec. 2. )

    Verify source ↗

    Revenue from Section 7380 may be spent only for steelhead trout resource work and the report-restoration card program, and the department must seek committee review of proposed expenditures and file a report by July 1, 2025.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 2. SPORT FISHING [7100 - 7400] ( Part 2 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Particular Varieties of Fish [7256 - 7400] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 6. Steelhead Trout [7380 - 7382] ( Article 6 added by Stats. 1991, Ch. 1037, Sec. 2. ) ## 7381. (a) Revenue received pursuant to Section 7380 may be expended, upon appropriation by the Legislature, only to monitor, restore, or enhance steelhead trout resources consistent with Sections 6901 and 6902, and to administer the fishing report-restoration card program. The department shall submit all proposed expenditures, including proposed expenditures for administrative purposes, to the Advisory Committee on Salmon and Steelhead Trout for review and comment before submitting a request for inclusion of the appropriation in the annual Budget Act. The committee may recommend revisions in any proposed expenditure to the Legislature and the commission. (b) The department shall report to the Legislature on or before July 1, 2025, regarding the steelhead trout fishing report-restoration card program’s projects undertaken using revenues derived pursuant to that program, the benefits derived, and its recommendations for revising the fishing report-restoration card requirement, if any. The report submitted pursuant to this subdivision shall be submitted in compliance with Section 9795 of the Government Code. (Amended by Stats. 2024, Ch. 72, Sec. 4. (SB 156) Effective July 2, 2024. Repealed as of January 1, 2027, pursuant to Section 7382.)
  125. 7382.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 2. SPORT FISHING [7100 - 7400] ( Part 2 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Particular Varieties of Fish [7256 - 7400] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 6. Steelhead Trout [7380 - 7382] ( Article 6 added by Stats. 1991, Ch. 1037, Sec. 2. )

    Verify source ↗

    This article ends on January 1, 2027, when it is repealed.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 2. SPORT FISHING [7100 - 7400] ( Part 2 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Particular Varieties of Fish [7256 - 7400] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 6. Steelhead Trout [7380 - 7382] ( Article 6 added by Stats. 1991, Ch. 1037, Sec. 2. ) ## 7382. This article shall remain in effect only until January 1, 2027, and as of that date is repealed. (Amended by Stats. 2024, Ch. 72, Sec. 5. (SB 156) Effective July 2, 2024. Repealed as of January 1, 2027, by its own provisions. Note: Repeal affects Article 6, commencing with Section 7380.)
  126. 7400.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 2. SPORT FISHING [7100 - 7400] ( Part 2 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Particular Varieties of Fish [7256 - 7400] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 7. Recreational Abalone Advisory Committee [7400- 7400.] ( Article 7 added by Stats. 1997, Ch. 787, Sec. 7. )

    Verify source ↗

    The director must appoint a nine-member Recreational Abalone Advisory Committee, and members may not be involved in or profit from commercial abalone aquaculture.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 2. SPORT FISHING [7100 - 7400] ( Part 2 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Particular Varieties of Fish [7256 - 7400] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 7. Recreational Abalone Advisory Committee [7400- 7400.] ( Article 7 added by Stats. 1997, Ch. 787, Sec. 7. ) ## 7400. (a) The director shall appoint a Recreational Abalone Advisory Committee consisting of nine members who shall serve without compensation. The members of the advisory committee shall be selected as follows: (1) Six members who are not officers or employees of the department. The six members shall be residents of California and meet the following requirements: (A) Two members shall reside north of the southern boundary line of Marin County and a line extending due east from the easternmost point of Marin County located in San Pablo Bay. The two members shall be selected from nominations submitted by the Northern California Shellfish Assessment Program or by individuals or organizations that actively participate in the recreational abalone fishery, except that not more than one of the members selected shall be an active or former commercial abalone diver or involved in commercial seafood processing or marketing. (B) Two members shall reside south of the southern boundary line of Marin County and a line extending due east from the easternmost point of Marin County located in San Pablo Bay and north of the boundary between Santa Barbara and San Luis Obispo Counties and a line extending due east from the easternmost point in that boundary line. The two members shall be selected from nominations submitted by the Central California Council of Divers, the Southern California Shellfish Assessment Program, the Northern California Shellfish Assessment Program, or by individuals or organizations that actively participate in the recreational abalone fishery, except that not more than one of the members selected shall be an active or former commercial abalone diver or involved in commercial seafood processing or marketing. (C) Two members shall reside south of the boundary between Santa Barbara and San Luis Obispo Counties and a line extending due east from the easternmost point in that boundary line. The two members shall be selected from nominations submitted by the Greater Los Angeles Council of Divers, the San Diego Council of Divers, the Channel Islands Council of Divers, the Southern California Shellfish Assessment Program, or by individuals or organizations that actively participate in the recreational abalone fishery, except that not more than one of the members selected shall be an active or former commercial abalone diver or involved in commercial seafood processing or marketing. (2) One member shall represent the department in enforcement activities and shall be selected from personnel in the Wildlife Protection Division. (3) Two members shall be marine scientists who are or have been involved in abalone research at universities, state universities, or in state or federal programs. Not more than one of the persons shall be an officer or employee of the department. (b) No member shall be involved in or profit from the culture for sale (commercial aquaculture) of abalone. (c) The advisory committee shall meet at least once each calendar year to review proposals and recommend to the director projects and budgets for the expenditure of fees received pursuant to Section 7149.8. The committee may review progress reports and the results of projects funded under this article and make recommendations to the director regarding abalone resource management. (Added by Stats. 1997, Ch. 787, Sec. 7. Effective January 1, 1998.)
  127. 75.

    ## 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 ↗

    “Sell” is defined to include offering or possessing for sale, barter, exchange, or trade.

    ## 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. ) ## 75. “Sell” includes offer or possess for sale, barter, exchange, or trade. (Enacted by Stats. 1957, Ch. 456.)
  128. 7600.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 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 1. Application of Part [7600 - 7601] ( Article 1 enacted by Stats. 1957, Ch. 456. )

    Verify source ↗

    This section says Part 3 applies to taking and possessing fish for any commercial purpose, except activities governed by Division 12.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 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 1. Application of Part [7600 - 7601] ( Article 1 enacted by Stats. 1957, Ch. 456. ) ## 7600. The provisions of this part apply to the taking and possession of fish for any commercial purpose. This part does not apply to activities governed under Division 12 (commencing with Section 15000). (Amended by Stats. 1983, Ch. 131, Sec. 2. Effective June 27, 1983.)
  129. 7601.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 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 1. Application of Part [7600 - 7601] ( Article 1 enacted by Stats. 1957, Ch. 456. )

    Verify source ↗

    This section defines “owner” or “vessel owner” as the registered owner named on certain vessel registration documents.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 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 1. Application of Part [7600 - 7601] ( Article 1 enacted by Stats. 1957, Ch. 456. ) ## 7601. “Owner” or “vessel owner” means the person or persons designated as the registered owner of a vessel on a certificate of documentation issued by the United States Coast Guard or on a copy of the vessel registration issued by the vessel registration agency of the state where the owner is a resident. For purposes of this section, the vessel registration agency in California is the Department of Motor Vehicles. (Added by Stats. 1996, Ch. 870, Sec. 8. Effective January 1, 1997.)
  130. 7630.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 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 1.3. Commercial Fisheries Capacity Reduction Program [7630- 7630.] ( Article 1.3 added by Stats. 2002, Ch. 962, Sec. 1. )

    Verify source ↗

    The Legislature states its intent to enact legislation creating a comprehensive program so California groundfish fishermen can participate in federally established Pacific groundfish buy-back programs.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 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 1.3. Commercial Fisheries Capacity Reduction Program [7630- 7630.] ( Article 1.3 added by Stats. 2002, Ch. 962, Sec. 1. ) ## 7630. It is the intent of the Legislature to enact legislation establishing a comprehensive program to allow California groundfish fishermen to participate in any federally established buy-back program for the Pacific groundfish fishery. (Added by Stats. 2002, Ch. 962, Sec. 1. Effective September 27, 2002.)
  131. 7650.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 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 1.5. Federal Regulation [7650 - 7655] ( Article 1.5 added by Stats. 1976, Ch. 1160. )

    Verify source ↗

    This section defines several 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 1. Generally [7600 - 8126] ( Chapter 1 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 1.5. Federal Regulation [7650 - 7655] ( Article 1.5 added by Stats. 1976, Ch. 1160. ) ## 7650. As used in this article: (a) “Act” means the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. Sec. 1801 et seq.). (b) “Council” means the Pacific Fishery Management Council established pursuant to the act, or its successor agency. (c) “Fishery” has the same meaning as defined in Section 1802(13) of Title 16 of the United States Code. (d) “Joint committee” means the Joint Committee on Fisheries and Aquaculture created pursuant to Resolution Chapter 88 of the Statutes of 1981. (e) “Optimum,” with respect to the yield from a fishery, has the same meaning as defined in Section 1802(28) of Title 16 of the United States Code. (f) “Secretary” means the federal Secretary of Commerce. (Amended by Stats. 2002, Ch. 559, Sec. 8. Effective January 1, 2003.)
  132. 7652.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 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 1.5. Federal Regulation [7650 - 7655] ( Article 1.5 added by Stats. 1976, Ch. 1160. )

    Verify source ↗

    The director may adopt regulations to align state law or commission regulations with a fishery management plan, if specific findings about California yield and jurisdiction impact are made.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 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 1.5. Federal Regulation [7650 - 7655] ( Article 1.5 added by Stats. 1976, Ch. 1160. ) ## 7652. Upon the preparation by the council, and the recommendation by the council to the secretary, of a fishery management plan or amendment thereto pursuant to the act, or upon the approval by the secretary of a fishery management plan, or amendment thereto, pursuant to the act, the director may do the following to conform state law or regulations of the commission to the fishery management plan, or amendment thereto, if the director finds that the action is necessary to achieve optimum yield in California and that it is necessary to avoid a substantial and adverse effect on the plan by that state law or the regulations in order to continue state jurisdiction pursuant to Section 1856 of the act: (a) Adopt regulations that would make inoperative any statute or regulation of the commission, including, but not limited to, statutes or regulations regulating bag limits, methods of taking, and seasons for taking of fish for commercial purposes. Any regulation adopted by the director pursuant to this subdivision shall specify the particular statute or regulation of the commission to be inoperative. (b) Adopt regulations governing phases of the taking of fish for commercial purposes that are not presently regulated by statute or regulation of the commission. (c) Adopt regulations governing phases of the taking of fish for commercial purposes that are presently regulated by statute or regulation of the commission, but only if the statutes or regulations are first made inoperative pursuant to subdivision (a) for the effective period of the regulations adopted by the director pursuant to this subdivision. (d) Chapter 3.5 (commencing with Section 11340) of Division 3 of Title 2 of the Government Code does not apply to this article. (Amended by Stats. 1996, Ch. 870, Sec. 9. Effective January 1, 1997.)
  133. 7652.1.

    ## 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 1.5. Federal Regulation [7650 - 7655] ( Article 1.5 added by Stats. 1976, Ch. 1160. )

    Verify source ↗

    The director must hold a public hearing, give notice, take evidence at the hearing, and later send a written report to the Legislature, subject to a limited exception for a second 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 1. Generally [7600 - 8126] ( Chapter 1 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 1.5. Federal Regulation [7650 - 7655] ( Article 1.5 added by Stats. 1976, Ch. 1160. ) ## 7652.1. (a) Notwithstanding any other section of this article or any other provisions of law, the director shall hold a public hearing or hearings in the area of the fishery under consideration after a recommendation by the council to the secretary of a fishery management plan or amendment thereto pursuant to the act, or after approval by the secretary of a fishery management plan or amendment thereto pursuant to the act. If the secretary approves a fishery management plan or amendment thereto which is substantially identical to the fishery management plan or amendment thereto which has been recommended by the council and the director has held a public hearing on the council’s recommended fishery management plan or amendment thereto, the director is not required to hold a second public hearing under this section after the approval by the secretary. (b) The hearing shall be held not less than four days after the recommendation by the council to the secretary of a fishery management plan or amendment thereto or after the approval by the secretary of a fishery management plan or amendment thereto. The director shall arrange the time and place of the hearing, shall provide adequate public notice and adequate notice to the appropriate standing policy committee of each house of the Legislature and to the joint committee, and shall convene the hearing at the time and place arranged. (c) At the hearing or hearings, the director shall take evidence of the effects any proposed regulation would have on the state’s fishery resources, the commercial or recreational fishing industry, and the state’s ability to manage fishery resources in state waters. (d) After the hearings, the director shall submit a written report to the Legislature which summarizes the reasons for the proposed regulation. (Amended by Stats. 1984, Ch. 1301, Sec. 3. Effective September 20, 1984.)
  134. 7652.2.

    ## 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 1.5. Federal Regulation [7650 - 7655] ( Article 1.5 added by Stats. 1976, Ch. 1160. )

    Verify source ↗

    The director may repeal or amend certain fishing regulations to match federal rules if needed for optimum yield in California, but must first hold public hearings and then report the reasons to the Legislature.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 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 1.5. Federal Regulation [7650 - 7655] ( Article 1.5 added by Stats. 1976, Ch. 1160. ) ## 7652.2. (a) The director may repeal or amend any regulation adopted pursuant to Section 7652 or any other regulation to conform the regulation to federal regulations pursuant to the act, if the director finds that this action is necessary to achieve optimum yield in California. (b) Notwithstanding any other section of this article or any other provision of law, the director shall hold a public hearing or hearings in the area of the fishery under consideration before the director repeals or amends any regulation pursuant to this section. The director shall arrange the time and place of the hearing, shall provide adequate public notice and adequate notice to the appropriate standing policy committee of each house of the Legislature and to the joint committee, and shall convene the hearing at the time and place arranged. (c) At the hearing or hearings, the director shall take evidence of the effects the proposed repeal or amendment would have on the state’s fishery resources, the commercial or recreational fishing industry, and the state’s ability to manage fishery resources in state waters. (d) After the hearings, the director shall submit a written report to the Legislature which summarizes the reasons for the proposed repeal or amendment. (Repealed and added by Stats. 1984, Ch. 1301, Sec. 5. Effective September 20, 1984.)
  135. 7652.3.

    ## 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 1. Generally [7600 - 8126] ( Chapter 1 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 1.5. Federal Regulation [7650 - 7655] ( Article 1.5 added by Stats. 1976, Ch. 1160. )

    Verify source ↗

    The director cannot adopt, amend, or repeal regulations under this article until hearings are held and a report is submitted to the Legislature.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 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 1.5. Federal Regulation [7650 - 7655] ( Article 1.5 added by Stats. 1976, Ch. 1160. ) ## 7652.3. (a) The director shall not adopt, amend, or repeal any regulation pursuant to this article until the director has held one or more hearings and submitted a report to the Legislature pursuant to Section 7652.1 or 7652.2, whichever is applicable. (b) The report to the Legislature shall be delivered or placed in the United States Postal Service addressed to the Chairperson of the Joint Committee on Fisheries and Aquaculture and to the chairperson of the appropriate policy committee of each house of the Legislature. (Added by Stats. 1984, Ch. 1301, Sec. 6. Effective September 20, 1984.)
  136. 7653.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 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 1.5. Federal Regulation [7650 - 7655] ( Article 1.5 added by Stats. 1976, Ch. 1160. )

    Verify source ↗

    After regulations are adopted under Section 7652, the director must report to the Legislature on what commission statutes or regulations should be amended or repealed, and what director-adopted regulations should be enacted as statutes.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 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 1.5. Federal Regulation [7650 - 7655] ( Article 1.5 added by Stats. 1976, Ch. 1160. ) ## 7653. Upon the adoption of any regulations pursuant to Section 7652, the director shall report to the Legislature which statutes or regulations of the commission need to be amended or repealed, and any regulations adopted by the director that need to be enacted as statutes, to conform state law to any fishery management plan, or amendment thereto, that has been approved by the secretary to avoid any substantial and adverse effect on such plan, or its amendments, by such state law. (Added by Stats. 1976, Ch. 1160.)
  137. 7654.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 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 1.5. Federal Regulation [7650 - 7655] ( Article 1.5 added by Stats. 1976, Ch. 1160. )

    Verify source ↗

    The Legislature states findings about federal fishery management actions causing economic losses, fish waste, and inadequate conservation.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 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 1.5. Federal Regulation [7650 - 7655] ( Article 1.5 added by Stats. 1976, Ch. 1160. ) ## 7654. The Legislature finds and declares: (a) That the actions taken by the federal Pacific Fishery Management Council have resulted in significant economic losses to California’s salmon and groundfish fisheries, have caused significant waste of fish, and have failed to manage and conserve fisheries for their optimum yield. (b) That the California Salmon Fishery has been severely affected by regulations imposed by the Pacific Fishery Management Council and the federal Department of Commerce. (c) That the membership of the Pacific Fishery Management Council has never included a commercial salmon troll fisherman and has at times lacked balance and representation from major fisheries subject to the fishery management plans of the council. (Added by renumbering Section 7660 (as added by Stats. 1984, Ch. 1323) by Stats. 1985, Ch. 106, Sec. 35.)
  138. 7655.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 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 1.5. Federal Regulation [7650 - 7655] ( Article 1.5 added by Stats. 1976, Ch. 1160. )

    Verify source ↗

    California policy requires Council nominations and appointments to be balanced, and Governor nominees must know California’s fishery resources and fishing industry.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 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 1.5. Federal Regulation [7650 - 7655] ( Article 1.5 added by Stats. 1976, Ch. 1160. ) ## 7655. (a) It is the policy of the State of California that the state be represented on the Pacific Fishery Management Council by people who are knowledgeable about fisheries directly subject to the fishery management plans of the council. Nominations and appointments to the Pacific Fishery Management Council shall be a balanced representation of interested parties, including, but not limited to, representatives from the commercial salmon troll fishery, the groundfish fishery, the coastal pelagic species fishery, the seafood processing industry, the commercial passenger carrying fishing industry, nongovernmental environmental organizations, and marine scientists. (b) When the Governor nominates persons for any seat on the Pacific Fishery Management Council, those individuals shall be knowledgeable of California’s fishery resources and its fishing industry. Further, the nominations may be made after consultation with fishery organizations and other interested parties, including parties representing the public’s interest in the fishery resources and marine environment. (Amended by Stats. 2004, Ch. 854, Sec. 1. Effective January 1, 2005.)
  139. 7660.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 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 1.6. Salmon Management [7660 - 7662] ( Article 1.6 added by Stats. 1984, Ch. 1686, Sec. 7. )

    Verify source ↗

    This section defines “advisory committee” for this article as the Advisory Committee on Salmon and Steelhead Trout, with two extra members appointed by the Joint Committee on Fisheries and Aquaculture after consultation with specified officials.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 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 1.6. Salmon Management [7660 - 7662] ( Article 1.6 added by Stats. 1984, Ch. 1686, Sec. 7. ) ## 7660. As used in this article: (a) “Advisory committee” means the Advisory Committee on Salmon and Steelhead Trout, established pursuant to Resolution Chapter 141 of the Statutes of 1983, except that there shall be two additional members appointed by the Joint Committee on Fisheries and Aquaculture after consultation with the Director of Fish and Game and the Fish and Game Commission. (Added by Stats. 1984, Ch. 1686, Sec. 7. Effective September 30, 1984.)
  140. 7662.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 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 1.6. Salmon Management [7660 - 7662] ( Article 1.6 added by Stats. 1984, Ch. 1686, Sec. 7. )

    Verify source ↗

    The department must consult the advisory committee and known user-group representatives about progress on annual and long-term salmon management plans.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 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 1.6. Salmon Management [7660 - 7662] ( Article 1.6 added by Stats. 1984, Ch. 1686, Sec. 7. ) ## 7662. The department shall consult with the advisory committee and representatives of every user group known to the department on the progress being made in the development of the annual and long-term salmon management plans. (Added by Stats. 1984, Ch. 1686, Sec. 7. Effective September 30, 1984.)
  141. 7690.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 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 1.7. Vessel, Hull, and Machinery Loss Pooling [7690- 7690.] ( Article 1.7 added by Stats. 1988, Ch. 930, Sec. 2. )

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    Commercial fishing businesses may form a pooled fund arrangement for vessel or machinery losses, but the pool must start with at least $250,000 and follow generally acceptable accounting principles.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 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 1.7. Vessel, Hull, and Machinery Loss Pooling [7690- 7690.] ( Article 1.7 added by Stats. 1988, Ch. 930, Sec. 2. ) ## 7690. (a) Any person engaged in the business of licensed commercial fishing may enter into an arrangement with other authorized persons for the pooling of funds to pay claims or losses arising out of loss or damage to a vessel or machinery used in the business of commercial fishing and owned by a member of the pool. A pool established pursuant to this section is not, and shall not be, subject to the Insurance Code and is not a member of the California Insurance Guarantee Association under Article 14.2 (commencing with Section 1063) of Chapter 1 of Part 2 of Division 1 of the Insurance Code. (b) The pool established pursuant to this section shall have initial pooled resources of not less than two hundred fifty thousand dollars ($250,000) and the pool shall operate under generally acceptable accounting principles. (c) All participating persons in any pool established pursuant to this section shall agree to pay premiums or make other mandatory financial contributions or commitments necessary to ensure a financially sound risk pool. (d) For the purpose of this section, “person engaged in the business of licensed commercial fishing” and “authorized person” mean any natural person, partnership, corporation, limited liability company, or other person or entity engaged in the business of fishing for commercial purposes for which that person or its agents or employees are required to be licensed. (Amended by Stats. 1994, Ch. 1010, Sec. 123. Effective January 1, 1995.)
  142. 7700.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 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 2. General Provisions [7700 - 7712] ( Article 2 enacted by Stats. 1957, Ch. 456. )

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    This section defines key terms used in the chapter, including “reduction plant,” “packer,” “fish offal,” and “stamp.”

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 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 2. General Provisions [7700 - 7712] ( Article 2 enacted by Stats. 1957, Ch. 456. ) ## 7700. As used in this chapter: (a) “Reduction plant” means any plant used in the reduction or conversion of fish into fish flour, fishmeal, fish scrap, fertilizer, fish oil, or other fishery products or byproducts. (b) “Packer” means any person canning fish or preserving fish by the common methods of drying, salting, pickling, smoking, cold packing, or vacuum packing. (c) “Fish offal” means the heads, viscera, and other parts of fish taken off in preparing for canning, preserving, packing, and preparing for consumption in a fresh state. (d) “Stamp,” except where otherwise specified, includes an electronic validation of privileges issued to the licensee. (Amended by Stats. 2001, Ch. 112, Sec. 62. Effective January 1, 2002.)
  143. 7701.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 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 2. General Provisions [7700 - 7712] ( Article 2 enacted by Stats. 1957, Ch. 456. )

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    The commission may regulate and control certain fishing-related people, vehicles, and facilities to keep fish and fish products wholesome and sanitary and to prevent waste.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 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 2. General Provisions [7700 - 7712] ( Article 2 enacted by Stats. 1957, Ch. 456. ) ## 7701. The commission may regulate and control fishing boats, barges, lighters or tenders, receptacles or vehicles containing fish, commercial fishermen, packers, reduction plants, plants where fish products are manufactured, and dealers in fish, or fishery products, insofar as necessary to insure the taking and delivery of fish and fishery products in a wholesome and sanitary condition to canning, packing or preserving plants, or to any plant where fishery products are manufactured, or to any fresh fish dealer, and to prevent deterioration and waste of fish. (Enacted by Stats. 1957, Ch. 456.)
  144. 7702.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 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 2. General Provisions [7700 - 7712] ( Article 2 enacted by Stats. 1957, Ch. 456. )

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    The department may enter and inspect fish-related plants, business premises, vessels, vehicles, receptacles, books, and records, and may check fish and fishery product quantities.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 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 2. General Provisions [7700 - 7712] ( Article 2 enacted by Stats. 1957, Ch. 456. ) ## 7702. The department may enter and examine any canning, packing, preserving, or reduction plant, or place of business where fish or other fishery products are packed, preserved, manufactured, bought or sold, or board any fishing boat, barge, lighter, tender, or vehicle or receptacle containing fish, and ascertain the amount of fish received, or kind and amount of fishery products packed or manufactured and the number and size of containers or cans for fishery products purchased, received, used, or on hand and may examine any books and records containing any account of fish caught, bought, canned, packed, stored or sold. (Enacted by Stats. 1957, Ch. 456.)
  145. 7702.1.

    ## 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 2. General Provisions [7700 - 7712] ( Article 2 enacted by Stats. 1957, Ch. 456. )

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    Cannery sardines, anchovies, mackerel, or squid may not be unloaded from a vessel unless unloading occurs at an approved weighing or measuring device, and a licensed public weighmaster must weigh the products and immediately issue a receipt to the fisherman.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 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 2. General Provisions [7700 - 7712] ( Article 2 enacted by Stats. 1957, Ch. 456. ) ## 7702.1. No sardines, anchovies, mackerel, or squid intended for or used in any cannery shall be unloaded from any vessel except at a weighing or measuring device approved by the Bureau of Weights and Measures. Such products shall be weighed by a public weighmaster licensed as an individual under the laws of this state and a receipt as to such weight shall be immediately issued by the weighmaster to the fisherman at the time of receipt of such products. Copies of such receipt shall be handled in the manner provided in Sections 8043 to 8047, inclusive. (Amended by Stats. 1988, Ch. 246, Sec. 1.)
  146. 7703.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 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 2. General Provisions [7700 - 7712] ( Article 2 enacted by Stats. 1957, Ch. 456. )

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    The commission may set grades for fish or fishery products, and certain people and businesses must follow those grades.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 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 2. General Provisions [7700 - 7712] ( Article 2 enacted by Stats. 1957, Ch. 456. ) ## 7703. The commission may establish grades for different varieties of fish or fishery products, which grades shall be conformed to by persons who take or use sardines for bait or who deliver fish or other fishery products to packers or to fresh fish dealers. Every packer of fish, fish dealer, or manufacturer of fish products shall conform to the grades established by the commission. (Enacted by Stats. 1957, Ch. 456.)
  147. 7704.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 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 2. General Provisions [7700 - 7712] ( Article 2 enacted by Stats. 1957, Ch. 456. )

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    This section makes it unlawful to let fish deteriorate or go to waste, to handle more fish than can be used without spoilage, to use fish (other than fish offal) in reduction plants or reduction processes except as allowed, and to sell, buy, deliver, or possess certain detached shark fins or tails on a registered commercial fishing vessel except as allowed.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 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 2. General Provisions [7700 - 7712] ( Article 2 enacted by Stats. 1957, Ch. 456. ) ## 7704. (a) It is unlawful to cause or permit deterioration or waste of a fish taken in the waters of this state, or brought into this state, or to take, receive, or agree to receive more fish than can be used without deterioration, waste, or spoilage. (b) Except as permitted by this code, it is unlawful to use a fish, except fish offal, in a reduction plant or by a reduction process. (c) Except as permitted by this code or by regulation of the commission, it is unlawful to sell, purchase, deliver for a commercial purpose, or possess on a commercial fishing vessel registered pursuant to Section 7881, a shark fin or tail or part of a shark fin or tail that has been removed from the carcass. However, a thresher shark fin or tail that has been removed from the carcass and whose original shape remains unaltered may be possessed on a registered commercial fishing vessel if the carcass corresponding to the fin or tail is also possessed. (Amended by Stats. 2016, Ch. 86, Sec. 137. (SB 1171) Effective January 1, 2017.)
  148. 7705.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 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 2. General Provisions [7700 - 7712] ( Article 2 enacted by Stats. 1957, Ch. 456. )

    Verify source ↗

    Chutes, conveyors, and certain receptacles used for fish or fish offal must be built and kept so the contents are always visible for viewing and 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 2. General Provisions [7700 - 7712] ( Article 2 enacted by Stats. 1957, Ch. 456. ) ## 7705. All chutes or conveyors used to convey fish or fish offal to any receptacle, and all receptacles containing fish or fish offal to be used for reduction purposes, shall be so constructed and maintained that the fish or fish offal thereon or therein is at all times open to view and inspection. (Enacted by Stats. 1957, Ch. 456.)
  149. 7706.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 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 2. General Provisions [7700 - 7712] ( Article 2 enacted by Stats. 1957, Ch. 456. )

    Verify source ↗

    A person with information about certain fish and game violations may file a written complaint with the commission. If the charged person is found guilty, the commission may suspend certain licenses for up to 90 days, and no other license may be issued during 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 1. Generally [7600 - 8126] ( Chapter 1 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 2. General Provisions [7700 - 7712] ( Article 2 enacted by Stats. 1957, Ch. 456. ) ## 7706. (a) A written complaint may be made to the commission against any person who violates Section 7700 to 7705, inclusive, 7707, 7708, or 8075 to 8080, inclusive, or any regulation adopted thereunder, by any person having information or knowledge of the violation. If the person charged in the complaint is found guilty of the offense charged, the commission may suspend, for a period not to exceed 90 days, any license issued by any state board or officer to that person to take, buy, sell, can, or preserve fish or fishery products. No other license shall be issued to that person during the period of suspension. (b) The proceedings on a complaint shall be conducted at one of the commission’s regularly scheduled meetings. (Amended by Stats. 2023, Ch. 132, Sec. 137. (AB 1760) Effective January 1, 2024.)
  150. 7707.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 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 2. General Provisions [7700 - 7712] ( Article 2 enacted by Stats. 1957, Ch. 456. )

    Verify source ↗

    A reduction plant that uses fish in violation of specified code sections or commission regulations is a nuisance, and the court may shut it down temporarily through injunction and abatement.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 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 2. General Provisions [7700 - 7712] ( Article 2 enacted by Stats. 1957, Ch. 456. ) ## 7707. Any reduction plant in which any fish or any part thereof is used in violation of the provisions of Sections 7700 to 7706, inclusive, 7708, 8151, 8153 to 8157, inclusive, and 8075 to 8080, inclusive, of this code, or in violation of any regulation of the commission, is a nuisance. Whenever the existence of such nuisance is shown to the satisfaction of the superior court of the county in which the reduction plant is situated, by complaint filed in the name of the people of the State of California, the court may issue a temporary injunction to abate and prevent the continuance or recurrence of such nuisance. If the existence of a nuisance is established in such action, an order of abatement shall be entered as part of the judgment in the case, which order shall direct the closing, for 12 months, of the building or place where such nuisance was maintained, and, during such time, the building or place shall be and remain in the custody of the court. (Enacted by Stats. 1957, Ch. 456.)
  151. 7708.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 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 2. General Provisions [7700 - 7712] ( Article 2 enacted by Stats. 1957, Ch. 456. )

    Verify source ↗

    The commission may make and enforce regulations that are necessary or convenient to carry out powers, authority, or jurisdiction given 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 2. General Provisions [7700 - 7712] ( Article 2 enacted by Stats. 1957, Ch. 456. ) ## 7708. The commission may make and enforce such regulations as may be necessary or convenient for carrying out any power, authority, or jurisdiction conferred under this article. (Enacted by Stats. 1957, Ch. 456.)
  152. 7709.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 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 2. General Provisions [7700 - 7712] ( Article 2 enacted by Stats. 1957, Ch. 456. )

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    The commission may make rules and regulations for commercial taking of fish for educational and scientific 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 1. Generally [7600 - 8126] ( Chapter 1 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 2. General Provisions [7700 - 7712] ( Article 2 enacted by Stats. 1957, Ch. 456. ) ## 7709. The commission may establish rules and regulations for the commercial taking of fish for educational and scientific purposes. (Added by Stats. 1969, Ch. 689.)
  153. 7710.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 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 2. General Provisions [7700 - 7712] ( Article 2 enacted by Stats. 1957, Ch. 456. )

    Verify source ↗

    The director may order a fishery closure or restrict taking in state waters if the fishery is unsustainable and the required hearing and information 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 1. Generally [7600 - 8126] ( Chapter 1 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 2. General Provisions [7700 - 7712] ( Article 2 enacted by Stats. 1957, Ch. 456. ) ## 7710. (a) If the director determines, based on the best available scientific information, or other relevant information that the director possesses or receives, and on at least one public hearing in the area of the fishery, that taking in a fishery is being conducted in a manner that is not sustainable, the director may order the closure of any waters or otherwise restrict the taking under a fishing license in state waters of that species. Any closure or restriction order shall be adopted by emergency regulation in accordance with Chapter 3.5 (commencing with Section 11340) of Division 3 of Title 2 of the Government Code. (b) The director shall bring to the attention of the commission within seven working days any regulations adopted pursuant to this section. Any regulations shall be effective for only 30 days unless the commission extends the closure or restriction under any authority it may have, or unless the director orders another closure or restriction, consistent with the requirements of subdivision (a). (c) The department shall give notice of any hearing to be held pursuant to this section to the commission and its marine resources committee as far in advance of the hearing date as possible. Nothing in this section or Section 7710.5 restricts any existing jurisdiction of the department with regard to the regulation of fisheries on the high seas. (Amended by Stats. 1999, Ch. 483, Sec. 18. Effective January 1, 2000.)
  154. 7710.1.

    ## 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 2. General Provisions [7700 - 7712] ( Article 2 enacted by Stats. 1957, Ch. 456. )

    Verify source ↗

    A closure or restriction under Section 7710, or removal of a closure or restriction under Section 7710.5, may be appealed to the commission.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 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 2. General Provisions [7700 - 7712] ( Article 2 enacted by Stats. 1957, Ch. 456. ) ## 7710.1. A closure or restriction under Section 7710, or the removal of a closure or restriction under Section 7710.5, may be appealed to the commission. The commission shall hear and decide the appeal within a time that is meaningful, taking into account the duration of the fishery and the economics of the fishery. (Repealed and added by Stats. 1998, Ch. 1052, Sec. 11. Effective January 1, 1999.)
  155. 7710.5.

    ## 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 2. General Provisions [7700 - 7712] ( Article 2 enacted by Stats. 1957, Ch. 456. )

    Verify source ↗

    The director may remove a fishing restriction if the specified scientific and hearing conditions are met, and must report any regulations adopted under this section to the Legislature within seven calendar 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 2. General Provisions [7700 - 7712] ( Article 2 enacted by Stats. 1957, Ch. 456. ) ## 7710.5. If, during the period that regulations adopted pursuant to Section 7710 are effective, the director determines, based on thorough and adequate scientific evidence and at least one public hearing in the area of the fishery, that any species or subspecies the taking of which was previously restricted, has recovered or additional evidence indicates that the resource is not in danger of irreparable injury, the director may remove the restriction on taking. Action to remove the restriction shall be by adoption of an emergency regulation in accordance with Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code. The director shall bring to the attention of the Legislature, within seven calendar days, any regulations adopted pursuant to this section. (Amended by Stats. 1984, Ch. 193, Sec. 20.)
  156. 7711.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 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 2. General Provisions [7700 - 7712] ( Article 2 enacted by Stats. 1957, Ch. 456. )

    Verify source ↗

    A licensed person must immediately give fish or fish parts caught or landed in California to the department, at no charge, when requested by an authorized department agent or employee for a biological sample.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 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 2. General Provisions [7700 - 7712] ( Article 2 enacted by Stats. 1957, Ch. 456. ) ## 7711. (a) A person shall, upon request by an authorized agent or employee of the department, immediately relinquish, at no charge, fish or parts of fish caught or landed in California to the department for the purpose of collecting a biological sample. (b) For purposes of this section, “person” means a person licensed pursuant to Section 7850 or a person licensed pursuant to Article 7 (commencing with Section 8030). (Added by Stats. 2021, Ch. 757, Sec. 3. (SB 80) Effective October 9, 2021.)
  157. 7712.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 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 2. General Provisions [7700 - 7712] ( Article 2 enacted by Stats. 1957, Ch. 456. )

    Verify source ↗

    When a fishery is closed or restricted for conservation or marine-environment reasons, the department and commission should help develop alternative fisheries or gear for affected commercial fishermen, within budget and staffing 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 1. Generally [7600 - 8126] ( Chapter 1 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 2. General Provisions [7700 - 7712] ( Article 2 enacted by Stats. 1957, Ch. 456. ) ## 7712. Where a fishery is closed or restricted due to the need to protect a fishery resource, marine mammals, or sea birds, or due to a conflict with other fisheries or uses of the marine environment, it shall be the policy of the department and the commission, consistent with budgetary and personnel considerations, to assist and foster the development of alternative fisheries or alternative fishing gear for those commercial fishermen affected by the restrictions, closures, or resource losses, including, but not limited to, the issuing of experimental fishing permits pursuant to Section 1022. (Amended by Stats. 2018, Ch. 477, Sec. 6. (AB 1573) Effective January 1, 2019.)
  158. 7850.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 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 3. Commercial Fishing Licenses [7850 - 7858] ( Article 3 enacted by Stats. 1957, Ch. 456. )

    Verify source ↗

    A person generally needs a commercial fishing license to use or operate equipment to take fish or amphibia for commercial purposes, to bring them ashore for fresh sale, or to materially assist commercial fishing vessel activities, unless exempt. People not required to hold the license must register their presence in the vessel log.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 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 3. Commercial Fishing Licenses [7850 - 7858] ( Article 3 enacted by Stats. 1957, Ch. 456. ) ## 7850. (a) Excepting persons expressly exempted under this code, no person shall use or operate, or assist in using or operating, any boat, aircraft, net, trap, line, or other appliance to take fish or amphibia for commercial purposes, and no person shall cause to be brought ashore, any fish or amphibia at any point in the state for the purpose of selling them in a fresh state or shall contribute materially to the activities on board the commercial fishing vessel, unless the person holds a commercial fishing license issued by the department. (b) Any person not required under subdivision (a) to hold a commercial fishing license shall register their presence on board the commercial fishing vessel in a log maintained by the owner or operator of the vessel according to the requirements of the department. (c) As used in this section, “person” means a natural person 16 years of age or greater. Any person, partnership, corporation, limited liability company, or association may pay the fees for a license issued to any person. (d) This article does not apply to the taking, transporting, or selling of live freshwater fish for bait by the holder of a live freshwater bait fish license issued pursuant to Section 8460. (Amended by Stats. 2023, Ch. 132, Sec. 138. (AB 1760) Effective January 1, 2024.)
  159. 7850.5.

    ## 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 3. Commercial Fishing Licenses [7850 - 7858] ( Article 3 enacted by Stats. 1957, Ch. 456. )

    Verify source ↗

    Section 7850 does not apply to a person employed by the fish receiver when that person unloads fish or fish products, or loads or unloads food and supplies, on or from a commercial fishing boat at a dock.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 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 3. Commercial Fishing Licenses [7850 - 7858] ( Article 3 enacted by Stats. 1957, Ch. 456. ) ## 7850.5. Section 7850 does not apply to any person who is employed by the fish receiver to unload fish or fish products, or to load or unload food and supplies, on or from a commercial fishing boat at a dock. (Added by Stats. 1991, Ch. 80, Sec. 1. Effective June 30, 1991.)
  160. 7851.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 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 3. Commercial Fishing Licenses [7850 - 7858] ( Article 3 enacted by Stats. 1957, Ch. 456. )

    Verify source ↗

    An applicant for a commercial fishing license must include certain personal information in the application.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 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 3. Commercial Fishing Licenses [7850 - 7858] ( Article 3 enacted by Stats. 1957, Ch. 456. ) ## 7851. The application for a commercial fishing license shall contain a statement of the applicant’s sex, age, height, weight, the color of eyes and hair, and a statement as to whether or not the applicant is a citizen of the United States. (Amended by Stats. 1992, Ch. 936, Sec. 1. Effective September 28, 1992.)
  161. 7852.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 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 3. Commercial Fishing Licenses [7850 - 7858] ( Article 3 enacted by Stats. 1957, Ch. 456. )

    Verify source ↗

    The department must issue commercial fishing licenses to qualifying residents and nonresidents age 16 or older when the required base fee is paid, and the commission must adjust the listed fees to recover administrative and implementation costs without exceeding 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 1. Generally [7600 - 8126] ( Chapter 1 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 3. Commercial Fishing Licenses [7850 - 7858] ( Article 3 enacted by Stats. 1957, Ch. 456. ) ## 7852. (a) The department shall issue a commercial fishing license to any resident who is 16 years of age or older, upon payment of a base fee of ninety-five dollars ($95) for each resident vessel crewmember or resident vessel operator. (b) The department shall issue a commercial fishing license to any nonresident who is 16 years of age or older, upon payment of a base fee of two hundred eighty-five dollars ($285) for a nonresident vessel crewmember or nonresident vessel operator. (c) The base fees specified in this section are applicable to the 2004 license year, and shall be adjusted annually thereafter pursuant to Section 713. (d) The commission shall adjust the amount of the fees specified in subdivision (c), as necessary, to fully recover, but not exceed, all reasonable administrative and implementation costs of the department and the commission relating to those licenses. (e) Nothing in this section affects any other provision of law relating to the employment of minors. (Amended by Stats. 2012, Ch. 565, Sec. 23. (SB 1148) Effective January 1, 2013.)
  162. 7852.1.

    ## 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 3. Commercial Fishing Licenses [7850 - 7858] ( Article 3 enacted by Stats. 1957, Ch. 456. )

    Verify source ↗

    The department may refund certain commercial fishing fees to the deceased holder’s estate if the estate proves the holder died before the season opened.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 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 3. Commercial Fishing Licenses [7850 - 7858] ( Article 3 enacted by Stats. 1957, Ch. 456. ) ## 7852.1. The department may refund the fees paid for a commercial fishing license or stamp, a commercial boat registration, or a commercial fishing permit to the estate of the deceased holder of the license, stamp, registration, or permit, if proof is provided by the estate that the death of the holder occurred prior to the opening of the season for which the license, stamp, registration, or permit was valid. The department may deduct from the refund an amount equal to the cost of issuing the refund, but not to exceed twenty-five dollars ($25). (Added by Stats. 1989, Ch. 673, Sec. 2.)
  163. 7852.2.

    ## 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 3. Commercial Fishing Licenses [7850 - 7858] ( Article 3 enacted by Stats. 1957, Ch. 456. )

    Verify source ↗

    Late renewal of a commercial fishing license, stamp, permit, or other entitlement is barred after the deadline, with set late fees and a possible appeal 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 1. Generally [7600 - 8126] ( Chapter 1 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 3. Commercial Fishing Licenses [7850 - 7858] ( Article 3 enacted by Stats. 1957, Ch. 456. ) ## 7852.2. Notwithstanding any other provision of law, a commercial fishing license, stamp, permit, or other entitlement for which there is a renewal deadline shall not be renewed after that deadline, except as follows: (a) In addition to the base fee for the license, stamp, permit, or other entitlement, the department shall assess a late fee for any renewal the application for which is received after the deadline, according to the following schedule: (1) One to 30 days after the deadline, a fee of one hundred twenty-five dollars ($125). (2) Thirty-one to 60 days after the deadline, a fee of two hundred fifty dollars ($250). (3) Sixty-one days or more after the deadline, a fee of five hundred dollars ($500). (b) The department shall not waive the applicable late fee. The late fees specified in this section are applicable beginning in the 2008 license year, and shall be adjusted annually thereafter pursuant to Section 713. (c) The department shall deny any application for renewal received after March 31 of the permit year following the year in which the applicant last held a valid permit for that fishery. (d) An applicant who is denied renewal of a late application may submit a written appeal for renewal to the commission within 60 days of the date of the department’s denial. The commission, upon consideration of the appeal, may grant renewal. If the commission grants renewal, it shall assess the applicable late fee pursuant to subdivision (a). (Repealed and added by Stats. 2007, Ch. 279, Sec. 3. Effective January 1, 2008.)
  164. 7852.25.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 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 3. Commercial Fishing Licenses [7850 - 7858] ( Article 3 enacted by Stats. 1957, Ch. 456. )

    Verify source ↗

    The department may refuse to issue or renew certain commercial fishing-related licenses or authorizations if the applicant recently gave it a dishonored check and has not repaid the amount owed, plus a $30 fee and any related charges.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 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 3. Commercial Fishing Licenses [7850 - 7858] ( Article 3 enacted by Stats. 1957, Ch. 456. ) ## 7852.25. Notwithstanding any other provision of law, the department may deny the issuance or renewal of any licenses, permits, or other authorizations to take or possess fish for commercial purposes, or to conduct business involving fish, that are issued pursuant to this part or Division 12 (commencing with Section 15000), or the renewal thereof, if the applicant for that authorization or renewal has, within the preceding year, issued to the department a check that was dishonored by the bank upon which the check was drawn and the person has failed to reimburse the department for the amount due plus a fee of thirty dollars ($30) and any dishonored check charges incurred by the department. (Added by Stats. 1992, Ch. 936, Sec. 3. Effective September 28, 1992.)
  165. 7852.27.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 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 3. Commercial Fishing Licenses [7850 - 7858] ( Article 3 enacted by Stats. 1957, Ch. 456. )

    Verify source ↗

    While doing covered commercial fishing work, the licensee must carry valid ID or a driver’s license, or keep it immediately available, and must show it when asked by an authorized enforcement person.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 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 3. Commercial Fishing Licenses [7850 - 7858] ( Article 3 enacted by Stats. 1957, Ch. 456. ) ## 7852.27. At all times when engaged in any activity described in Section 7850 or Article 7 (commencing with Section 8030) for which a commercial fishing license is required, the licensee shall have in his or her possession, or immediately available to the licensee, a valid driver’s license or identification card issued to him or her by the Department of Motor Vehicles or by the entity issuing driver’s licenses from the licensee’s state of domicile. A current passport may be used in lieu of a valid driver’s license or identification card by a holder of a valid nonresident commercial fishing license issued pursuant to subdivision (b) of Section 7852. The licensee’s driver’s license, identification card or, if applicable, passport, shall be exhibited upon demand to any person authorized by the department to enforce this code or regulations adopted pursuant thereto. (Amended by Stats. 2007, Ch. 285, Sec. 116. Effective January 1, 2008.)
  166. 7852.4.

    ## 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 3. Commercial Fishing Licenses [7850 - 7858] ( Article 3 enacted by Stats. 1957, Ch. 456. )

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    The vessel owner must keep insurance in force for certain 16- to 17-year-old workers licensed under Section 7852.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 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 3. Commercial Fishing Licenses [7850 - 7858] ( Article 3 enacted by Stats. 1957, Ch. 456. ) ## 7852.4. The owner of a vessel upon which a person who is at least 16, but less than 18, years of age, and who is licensed under Section 7852 is working shall obtain, and maintain in full force and effect at all times that a person is working on or about the vessel, a policy of insurance that provides indemnification to the person licensed under Section 7852 in case of accident or injury while working on or about the vessel. (Amended by Stats. 2004, Ch. 431, Sec. 11. Effective January 1, 2005.)
  167. 7853.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 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 3. Commercial Fishing Licenses [7850 - 7858] ( Article 3 enacted by Stats. 1957, Ch. 456. )

    Verify source ↗

    The commission may suspend or revoke a commercial fishing license if a licensee operates a vessel in state waters and comes too close to certain U.S. government or military vessels, except when needed to follow navigation laws.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 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 3. Commercial Fishing Licenses [7850 - 7858] ( Article 3 enacted by Stats. 1957, Ch. 456. ) ## 7853. The commission may suspend or revoke the commercial fishing license of any licensee who operates a vessel in waters within the territorial jurisdiction of the State and approaches: (a) Within 500 yards of any vessel owned or operated by the United States Government or any department or agency thereof, except when necessary to comply with the laws or rules of navigation governing the safe movement of vessels; or (b) So close to any vessel owned or operated by the United States or any department or agency thereof and engaged in transporting naval or military equipment or personnel as to interfere with such transportation or to enable the observation thereof, except when necessary to comply with the laws or rules of navigation governing the safe movement of vessels. (Enacted by Stats. 1957, Ch. 456.)
  168. 7854.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 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 3. Commercial Fishing Licenses [7850 - 7858] ( Article 3 enacted by Stats. 1957, Ch. 456. )

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    A license may not be suspended or revoked under Section 7853 until a complaint is filed with the commission by one of the listed officers.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 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 3. Commercial Fishing Licenses [7850 - 7858] ( Article 3 enacted by Stats. 1957, Ch. 456. ) ## 7854. No license shall be suspended or revoked pursuant to Section 7853 until the filing of a complaint with the commission by any of the following: (a) The commanding officer of a vessel owned or operated by the United States or any department or agency thereof. (b) Any other officer of any such vessel who is authorized by his commanding officer to file such complaint. (c) Any commanding officer of any military or naval activity affected by the licensee’s operation of a vessel, or any other officer of such activity authorized by such commanding officer to file a complaint. (Enacted by Stats. 1957, Ch. 456.)
  169. 7855.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 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 3. Commercial Fishing Licenses [7850 - 7858] ( Article 3 enacted by Stats. 1957, Ch. 456. )

    Verify source ↗

    Proceedings to revoke or suspend a commercial fishing license must be held at one of the commission’s regularly scheduled meetings.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 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 3. Commercial Fishing Licenses [7850 - 7858] ( Article 3 enacted by Stats. 1957, Ch. 456. ) ## 7855. The proceedings to revoke or suspend a commercial fishing license shall be conducted at one of the commission’s regularly scheduled meetings. (Amended by Stats. 1986, Ch. 1244, Sec. 8.)
  170. 7856.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 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 3. Commercial Fishing Licenses [7850 - 7858] ( Article 3 enacted by Stats. 1957, Ch. 456. )

    Verify source ↗

    This section limits when fish may be prepared for human consumption aboard a commercial fishing vessel and bars certain possession, handling, and use of listed fish species on commercial fishing trips.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 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 3. Commercial Fishing Licenses [7850 - 7858] ( Article 3 enacted by Stats. 1957, Ch. 456. ) ## 7856. Notwithstanding any other provision of this division, except as provided in subdivision (f) and except when prohibited by federal law, fish may be prepared for human consumption aboard a commercial fishing vessel only under the following conditions: (a) The fish are taken under all existing commercial fishing laws and regulations and, except as provided in subdivision (f), the fish is of a species and size that can be lawfully taken under sportfishing regulations in the area where taken and are taken incidental to normal commercial fishing operations. (b) The fish is separated from other fish and stored with other foodstuff for consumption by the crew and passengers aboard the vessel. (c) The fish shall not be bought, sold, offered for sale, transferred to another person, landed, brought ashore, or used for a purpose other than consumption by the crew and passengers. (d) (1) All fish shall be maintained in a condition that the species can be determined, and the size or weight can be determined if a size or weight limit applies, until the fish is prepared for immediate consumption. (2) If the fish is filleted, a patch of skin shall be retained on each fillet as prescribed by the commission in the sportfishing regulations until the fish is prepared for immediate consumption. (3) Fillets from fish possessed under sportfishing regulations shall be of the minimum length prescribed by commission regulations. (e) The quantity of fish prepared shall not exceed the aggregate sportfishing bag limit for that fish applicable to the total number of crew members and passengers on board the vessel. (f) Notwithstanding other provisions of this section, kelp bass, sand bass, spotted bass, yellowfin croaker, spotfin croaker, California corbina, and marlin, shall not be possessed aboard a commercial fishing vessel while that vessel is on a commercial fishing trip. Lobster, salmon, or abalone shall not be possessed aboard a commercial fishing vessel while that vessel is on a commercial fishing trip for preparation for human consumption pursuant to this section unless that lobster, salmon, or abalone is taken and possessed in compliance with all applicable laws pertaining to commercial fishing methods of take, licenses, permits, and size limits. Sturgeon or striped bass shall not be possessed aboard a commercial fishing vessel. A person shall not take or possess a fish on a commercial fishing vessel under a sportfishing license while that vessel is engaged in a commercial fishing activity, including going to or from an area where fish are taken for commercial purposes. (Amended by Stats. 2023, Ch. 132, Sec. 139. (AB 1760) Effective January 1, 2024.)
  171. 7857.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 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 3. Commercial Fishing Licenses [7850 - 7858] ( Article 3 enacted by Stats. 1957, Ch. 456. )

    Verify source ↗

    This section sets conditions for commercial fishing licenses, permits, entitlements, and related vessel registration.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 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 3. Commercial Fishing Licenses [7850 - 7858] ( Article 3 enacted by Stats. 1957, Ch. 456. ) ## 7857. Unless otherwise specified, the following conditions apply to each commercial fishing license, permit, or other entitlement issued to take, possess aboard a boat, or land fish for commercial purposes and to each commercial boat registration issued by the department, except licenses issued pursuant to Article 7 (commencing with Section 8030): (a) The person to whom a commercial fishing permit or other entitlement is issued shall have a valid commercial fishing license issued pursuant to Section 7852 that is not revoked or suspended. (b) The commission, after notice and opportunity for hearing, may suspend, revoke, or cancel commercial fishing privileges for a period of time to be determined by the commission for the following reasons: (1) The person was not lawfully entitled to be issued the license, permit, or other entitlement. (2) A violation of this code, the terms of the permit or other entitlement, or the regulations adopted pursuant thereto, 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) A 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. (c) The person to whom the commercial fishing license, permit, or other entitlement is issued shall be present when fish are being taken, possessed aboard a boat, or landed for commercial purposes. This subdivision does not apply to commercial fishing vessel permits or licenses. (d) The commercial fishing license, permit, or other entitlement shall be in the licensee’s, permittee’s, or entitled person’s possession, or immediately available to the licensee, permittee, or entitled person at all times when engaged in any activity for which the commercial fishing license, permit, or entitlement is required. (e) Not more than one individual commercial fishing license, permit, or other entitlement of a single type shall be issued to an individual person and not more than one commercial vessel fishing license, permit, or other entitlement of a single type shall be issued for each vessel. (f) Any landing of fish used to qualify for, or renew, a commercial fishing license, permit, or other entitlement shall be reported on electronic fish tickets delivered to the department pursuant to Section 8046. (g) In addition to any other requirements in Article 7.5 (commencing with Section 8040), the name of the person issued the commercial fishing license, permit, or other entitlement authorizing the taking of the fish shall be included on the electronic fish ticket for that landing. (h) An application for a commercial fishing license, permit, or other entitlement shall be made on a form containing the information the department may require. The commercial fishing license, permit, or other entitlement shall be signed by the holder prior to use. (i) Any person who has had a commercial fishing license, permit, or other entitlement suspended or revoked shall not engage in that fishery, and shall not obtain any other commercial fishing license, permit, or other entitlement that authorizes engaging in that fishery, while the suspension or revocation is in effect. (j) A commercial fishing license, permit, or other entitlement is not transferable unless otherwise expressly specified in this code. (k) Every commercial fishing license, permit, stamp, commercial boat registration, or other entitlement issued pursuant to this part, except commercial fish business licenses issued pursuant to Article 7 (commencing with Section 8030), is valid from April 1 to March 31 of the next following calendar year or, if issued after the beginning of that term, for the remainder of that term. (l) A person who holds a commercial fishing vessel permit or other entitlement authorizing the use of a vessel for commercial fishing shall also hold a valid commercial boat registration for that vessel, issued pursuant to Section 7881, that has not been suspended or revoked. (m) A person who holds a commercial fishing license, permit, registration, or other entitlement, who moves or acquires a new address shall notify the department of the old and new addresses within three months of acquiring the new address. (n) An application to transfer any permit or other entitlement to take fish for commercial purposes shall be deferred if the current holder of the permit or other entitlement is awaiting final resolution of any pending criminal, civil, or administrative action that could affect the status of the permit or other entitlement. (Amended by Stats. 2023, Ch. 876, Sec. 1. (SB 500) Effective January 1, 2024.)
  172. 7858.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 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 3. Commercial Fishing Licenses [7850 - 7858] ( Article 3 enacted by Stats. 1957, Ch. 456. )

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    Commercial fishing permits in a limited entry fishery must be renewed every year, appeals must be filed by the March 31 deadline, and the department reviews those appeals.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 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 3. Commercial Fishing Licenses [7850 - 7858] ( Article 3 enacted by Stats. 1957, Ch. 456. ) ## 7858. In addition to the conditions specified in Section 7857, the following conditions apply to a commercial permit to take, possess aboard a boat, or land fish for commercial purposes in a limited entry fishery, as defined in Section 8100: (a) The permit shall be renewed annually. (b) Except as otherwise provided by law, an appeal for the denial of a renewal application or for a waiver of any landing requirements shall be reviewed and decided by the department. The appeal shall be received by the department or, if mailed, postmarked on or before March 31 following the permit year in which the applicant last held a valid permit for that fishery. The decision of the department may be appealed to the commission. This section does not apply to permits issued pursuant to Section 8550. (Amended by Stats. 1998, Ch. 525, Sec. 4. Effective January 1, 1999.)
  173. 7860.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 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 3.5. Commercial Salmon Trollers Enhancement and Restoration Program [7860 - 7863] ( Article 3.5 added by Stats. 1982, Ch. 184, Sec. 3. )

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    Most people age 18 through 69 must have a commercial fishing salmon stamp to take salmon commercially or be on a vessel while salmon are being taken or transported, unless an exemption 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 1. Generally [7600 - 8126] ( Chapter 1 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 3.5. Commercial Salmon Trollers Enhancement and Restoration Program [7860 - 7863] ( Article 3.5 added by Stats. 1982, Ch. 184, Sec. 3. ) ## 7860. (a) Except as provided in subdivision (f) or (g), no person who is 18 years of age or more and less than 70 years of age, on or before April 1 of the current license year, shall take salmon for commercial purposes or be on board a vessel on which salmon are taken for commercial purposes while salmon are being taken or transported unless that person has a commercial fishing salmon stamp issued pursuant to this section affixed to his or her commercial fishing license. (b) Except as provided in subdivision (f) or (g), the operator of a vessel on which salmon are taken for commercial purposes shall not permit a person on board that vessel while salmon are being taken or transported unless that person was less than 18 years of age or 70 years of age or more on April 1 of the current license year or that person has a commercial fishing salmon stamp affixed to the person’s commercial fishing license. (c) Except as provided in this subdivision, the department shall issue a commercial fishing salmon stamp upon application therefor and payment of the fee of eighty-five dollars ($85). For any commercial salmon season preceded by a commercial salmon season in which the commercial troll salmon landings in this state equal or exceed 3,000,000 pounds dressed weight, as determined by the department, the fee shall be increased by twelve dollars and fifty cents ($12.50) for every 250,000 pounds over 3,000,000 pounds of dressed weight landings, except that the total fees as adjusted shall not exceed two hundred sixty dollars ($260). (d) A commercial fishing salmon stamp is valid during the commercial salmon season of the year in which it was issued. (e) Upon application and payment of an additional fee equal to that prescribed in subdivision (c), the department may issue an additional commercial fishing salmon stamp for a crewmember to the owner or operator of a vessel who holds a commercial fishing salmon stamp. (f) Notwithstanding subdivision (a), one crewmember of a vessel for which a commercial fishing salmon stamp is issued pursuant to subdivision (e) may be aboard that vessel and take salmon for commercial purposes as a crewmember on that vessel without obtaining a commercial fishing salmon stamp under the following conditions: (1) The crewmember is designated by name and commercial fishing license number on a form furnished by the department before salmon are taken on the vessel when that crewmember is aboard. (2) The crewmember has a valid commercial fishing license issued under Section 7850. (3) The commercial fishing salmon stamp for the crewmember is affixed to the form prescribed in paragraph (1) on which the vessel registration number of the vessel is entered and on which the crewmember who is exempted by this subdivision is designated by the last entered name and commercial fishing license number. (g) Persons who are exempt from the license requirements, or who are not required to be licensed, pursuant to Section 7850, are exempt from the requirements of this section. (Amended by Stats. 2015, Ch. 683, Sec. 31. (SB 798) Effective January 1, 2016. Repealed as of January 1, 2029, pursuant to Section 7863.)
  174. 7861.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 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 3.5. Commercial Salmon Trollers Enhancement and Restoration Program [7860 - 7863] ( Article 3.5 added by Stats. 1982, Ch. 184, Sec. 3. )

    Verify source ↗

    The department must deposit commercial salmon stamp fees into a dedicated subaccount, use listed amounts for salmon restoration work, and post an online accounting of projects and 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 3.5. Commercial Salmon Trollers Enhancement and Restoration Program [7860 - 7863] ( Article 3.5 added by Stats. 1982, Ch. 184, Sec. 3. ) ## 7861. (a) After deducting the administrative costs for issuing the commercial fishing salmon stamps, the department shall deposit the fees received pursuant to Section 7860 in the Commercial Salmon Stamp Dedicated Subaccount, which is hereby established in the Fish and Game Preservation Fund. The money in the subaccount shall be available to the department, upon appropriation by the Legislature, for new or expanded salmon restoration and enhancement programs in the state that will serve to increase ocean salmon landings. No money in this subaccount shall be used in lieu of other funds appropriated for salmon restoration and enhancement programs authorized by law on or before January 1, 1988. (b) (1) Thirty dollars ($30) of the fees collected for each commercial fishing salmon stamp issued shall be allocated by the department to be used for raising chinook salmon to a yearling size, at which size they shall be released into state waters. The amount of salmon stamp revenues expended for this purpose in any fiscal year shall not exceed the amount expended by the department for the same purpose during the same period from other funds. The calculation of the amount expended by the department for this purpose shall not include expenditures made by the department for which reimbursements are received from state or federal agencies, public utilities, or private entities for raising chinook salmon to yearling size as part of a fish mitigation program instituted to compensate for the adverse effect of a dam on natural salmon production. If the department expends no funds other than moneys collected from the sale of commercial fishing salmon stamps or moneys for which reimbursements are received as part of an anadromous fish mitigation program for the raising of chinook salmon to yearling size within the period of a fiscal year, the fees prescribed in Section 7860 shall be reduced by an amount equivalent to that portion of the commercial fishing salmon stamp program, as specified in this subdivision. (2) If the salmon stamps issued pursuant to Section 7860 raise more money for the purpose of this subdivision than is necessary to match the funds expended by the department during any fiscal year from other funds, then the excess salmon stamp revenue allocated pursuant to this subdivision shall be carried over into the following fiscal year. (c) The department shall post on its Internet Web site an accounting of the projects undertaken with funds from the Commercial Salmon Stamp Dedicated Subaccount and the costs incurred to administer the program. At a minimum, the Internet Web site shall list the project title, the applicant, a brief description of the project, the amount approved, and the status of the project. (d) Any moneys that were in the Commercial Salmon Stamp Account as of March 14, 2013, and that were retained in the Fish and Game Preservation Fund shall be transferred to the Commercial Salmon Stamp Dedicated Subaccount. (Amended by Stats. 2013, Ch. 368, Sec. 3. (SB 197) Effective January 1, 2014. Repealed as of January 1, 2029, pursuant to Section 7863.)
  175. 7861.1.

    ## 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 3.5. Commercial Salmon Trollers Enhancement and Restoration Program [7860 - 7863] ( Article 3.5 added by Stats. 1982, Ch. 184, Sec. 3. )

    Verify source ↗

    No more than 15% of funds spent under Section 7861 may be used for administration 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 3.5. Commercial Salmon Trollers Enhancement and Restoration Program [7860 - 7863] ( Article 3.5 added by Stats. 1982, Ch. 184, Sec. 3. ) ## 7861.1. Not more than 15 percent of the funds expended pursuant to Section 7861 may be used to pay the costs incurred in the administration of the program. (Amended by Stats. 2013, Ch. 368, Sec. 4. (SB 197) Effective January 1, 2014. Repealed as of January 1, 2029, pursuant to Section 7863.)
  176. 7861.2.

    ## 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 3.5. Commercial Salmon Trollers Enhancement and Restoration Program [7860 - 7863] ( Article 3.5 added by Stats. 1982, Ch. 184, Sec. 3. )

    Verify source ↗

    The department may receive certain extra funds for the program, but nonfederal funds go to the special subaccount only if the sender designates that in writing on 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 1. Generally [7600 - 8126] ( Chapter 1 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 3.5. Commercial Salmon Trollers Enhancement and Restoration Program [7860 - 7863] ( Article 3.5 added by Stats. 1982, Ch. 184, Sec. 3. ) ## 7861.2. Notwithstanding any other law, the department may receive on behalf of the Commercial Salmon Trollers Enhancement and Restoration Program, for deposit in the Commercial Salmon Stamp Dedicated Subaccount in the Fish and Game Preservation Fund established pursuant to Section 7861, funds from sources in addition to funds derived from the sale of commercial fishing salmon stamps, including, but not limited to, grants from the federal government, grants from private foundations, money disbursed from court settlements, and donations and bequeaths from individuals. The additional nonfederal funds shall not be deposited in the Commercial Salmon Stamp Dedicated Subaccount unless the person or entity providing the funds specifically designates in writing, prior to or at the time of transmittal of the funds to the department, that the funds are intended solely for deposit to that subaccount. Funds received by the department that are not designated at the time of receipt as being intended solely for deposit to the Commercial Salmon Stamp Dedicated Subaccount shall be deposited in the Fish and Game Preservation Fund. (Amended by Stats. 2013, Ch. 368, Sec. 5. (SB 197) Effective January 1, 2014. Repealed as of January 1, 2029, pursuant to Section 7863.)
  177. 7861.3.

    ## 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 1. Generally [7600 - 8126] ( Chapter 1 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 3.5. Commercial Salmon Trollers Enhancement and Restoration Program [7860 - 7863] ( Article 3.5 added by Stats. 1982, Ch. 184, Sec. 3. )

    Verify source ↗

    The department is intended to use salmon stamp revenues and its matching funds to raise about two million chinook salmon each year to yearling size, and General Fund money may not be used to match those revenues.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 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 3.5. Commercial Salmon Trollers Enhancement and Restoration Program [7860 - 7863] ( Article 3.5 added by Stats. 1982, Ch. 184, Sec. 3. ) ## 7861.3. It is the intent of the Legislature that the department use the moneys from the sale of commercial fishing salmon stamps allocated pursuant to subdivision (b) of Section 7861 and the matching share contributed by the department to raise approximately two million chinook salmon annually to yearling size to contribute to the replenishing of California’s salmon resource. In no case shall moneys from the General Fund be used to match the salmon stamp revenues expended for this program. It is the further intent of the Legislature that the salmon stamp fee authorized in subdivision (b) of Section 7861 shall generate revenues equal to one-half the amount necessary to raise this number of salmon to yearling size. (Added by Stats. 1986, Ch. 862, Sec. 4. Repealed as of January 1, 2029, pursuant to Section 7863.)
  178. 7861.4.

    ## 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 3.5. Commercial Salmon Trollers Enhancement and Restoration Program [7860 - 7863] ( Article 3.5 added by Stats. 1982, Ch. 184, Sec. 3. )

    Verify source ↗

    Funding priority must be given to programs and projects that restore, enhance, and protect salmon streams if they use certain funds and employ fishermen affected by commercial fishing restrictions in and near the Klamath Management 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 3.5. Commercial Salmon Trollers Enhancement and Restoration Program [7860 - 7863] ( Article 3.5 added by Stats. 1982, Ch. 184, Sec. 3. ) ## 7861.4. A priority for funding shall be given to programs and projects restoring, enhancing, and protecting salmon streams with funds appropriated pursuant to subparagraph (A) of paragraph (1) of subdivision (e) of Section 5907 of the Public Resources Code, that employ fishermen who are unemployed or underemployed as a result of commercial fishing restrictions within and immediately adjacent to the Klamath Management Zone imposed by federal laws or regulations. (Added by Stats. 1989, Ch. 1237, Sec. 1. Repealed as of January 1, 2029, pursuant to Section 7863.)
  179. 7861.5.

    ## 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 3.5. Commercial Salmon Trollers Enhancement and Restoration Program [7860 - 7863] ( Article 3.5 added by Stats. 1982, Ch. 184, Sec. 3. )

    Verify source ↗

    The department may allocate funds from a dedicated salmon stamp subaccount, if it consults the Commercial Salmon Trollers Advisory Committee.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 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 3.5. Commercial Salmon Trollers Enhancement and Restoration Program [7860 - 7863] ( Article 3.5 added by Stats. 1982, Ch. 184, Sec. 3. ) ## 7861.5. In consultation with the Commercial Salmon Trollers Advisory Committee, the department may allocate funds from the Commercial Salmon Stamp Dedicated Subaccount in the Fish and Game Preservation Fund for the following purposes: (a) For restoration projects to assist in the recovery of salmon stocks listed as threatened or endangered under Chapter 1.5 (commencing with Section 2050) of Division 3, or the federal Endangered Species Act (16 U.S.C. Sec. 1531 et seq.). (b) As matching funds for federal salmon restoration moneys. (Amended by Stats. 2013, Ch. 368, Sec. 6. (SB 197) Effective January 1, 2014. Repealed as of January 1, 2029, pursuant to Section 7863.)
  180. 7862.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 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 3.5. Commercial Salmon Trollers Enhancement and Restoration Program [7860 - 7863] ( Article 3.5 added by Stats. 1982, Ch. 184, Sec. 3. )

    Verify source ↗

    This section creates a Commercial Salmon Trollers Advisory Committee, describes how its members are chosen, sets a two-year term, and requires the committee to recommend programs and a budget 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 3.5. Commercial Salmon Trollers Enhancement and Restoration Program [7860 - 7863] ( Article 3.5 added by Stats. 1982, Ch. 184, Sec. 3. ) ## 7862. A Commercial Salmon Trollers Advisory Committee shall be established consisting of six members selected by the director. One member shall be chosen from the personnel of the department. Four persons shall be selected, with alternates, from a list submitted by a fishermen’s organization deemed to represent the commercial salmon fishermen of California. One member shall be selected, with an alternate, from lists submitted by individual commercial passenger fishing boat operators or by organizations deemed to represent the commercial passenger fishing boat operators of California. The term of appointment to the committee shall be for two years. Necessary and proper expenses, if any, and per diem shall be paid committee members from the special account created pursuant to subdivision (a) of Section 7861. The rate of per diem shall be the same as the rate established pursuant to Section 8902 of the Government Code. The committee shall recommend programs and a budget from the special account to the department. (Amended by Stats. 2012, Ch. 728, Sec. 50. (SB 71) Effective January 1, 2013. Repealed as of January 1, 2029, pursuant to Section 7863.)
  181. 7862.5.

    ## 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 3.5. Commercial Salmon Trollers Enhancement and Restoration Program [7860 - 7863] ( Article 3.5 added by Stats. 1982, Ch. 184, Sec. 3. )

    Verify source ↗

    The committee may recommend, and the director may authorize, certain salmon artwork and stamp sales, but only if stated 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 1. Generally [7600 - 8126] ( Chapter 1 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 3.5. Commercial Salmon Trollers Enhancement and Restoration Program [7860 - 7863] ( Article 3.5 added by Stats. 1982, Ch. 184, Sec. 3. ) ## 7862.5. (a) The Commercial Salmon Trollers Advisory Committee established under Section 7862 may recommend to the director that a nonprofit organization or the California Salmon Council be authorized to create or contract to create salmon or salmon fishing artwork and other materials based on that artwork, including, but not limited to, a stamp, and offer those items for sale to the public during 2003 and thereafter, for the purpose of augmenting funding for the Commercial Salmon Trollers Enhancement and Restoration Program established under this article. (b) The committee may not recommend a nonprofit organization or the California Salmon Council as authorized under subdivision (a), unless all of the following conditions are met: (1) The proposed creation and sale of the artwork is pursuant to a written business plan presented to the committee. (2) The committee determines that a reasonable share of the sales of any stamp will be remitted to the department for deposit into the Commercial Salmon Stamp Dedicated Subaccount established in the Fish and Game Preservation Fund under Section 7861. (3) The committee determines that the creation and sale of the artwork will act to increase public awareness and support for the salmon stamp program and the restoration of salmon and their habitats in the state. (4) Any other conditions deemed necessary by the committee for determining whether to recommend approval to the director have been met. (c) The director, upon receiving the recommendation of the committee, and upon finding that there will be no new costs to the department, may authorize the recommended entity to create or contract to create salmon or salmon fishing artwork and other materials based on that artwork, including, but not limited to, a stamp, and offer those items for sale to the public, for the purpose described in subdivision (a). (d) No person or entity, including, but not limited to, any nonprofit organization, may use the name of the Commercial Salmon Stamp, the Commercial Salmon Trollers Advisory Committee, or the Commercial Salmon Trollers Enhancement and Restoration Program for the sale of artwork and other materials, unless that person or entity has been approved by the director under this section for that purpose. The approval of the director under this section shall be for one year, after which the approval may be renewed for an additional year, upon recommendation of the committee. (e) No artwork sold in the form of a stamp under this section conveys to the purchaser any entitlement to engage in the commercial salmon fishery. (f) Proceeds from the sales of artwork and other materials sold under this section, after deduction of all reasonable costs borne by the nonprofit organization or California Salmon Council for creation of the artwork and conducting the sales, shall be deposited in the Commercial Salmon Stamp Dedicated Subaccount. (Amended by Stats. 2013, Ch. 368, Sec. 7. (SB 197) Effective January 1, 2014. Repealed as of January 1, 2029, pursuant to Section 7863.)
  182. 7863.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 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 3.5. Commercial Salmon Trollers Enhancement and Restoration Program [7860 - 7863] ( Article 3.5 added by Stats. 1982, Ch. 184, Sec. 3. )

    Verify source ↗

    This article sunsets on January 1, 2029, unless a later statute enacted before that date deletes or extends the sunset.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 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 3.5. Commercial Salmon Trollers Enhancement and Restoration Program [7860 - 7863] ( Article 3.5 added by Stats. 1982, Ch. 184, Sec. 3. ) ## 7863. This article shall remain in effect only until January 1, 2029, and as of that date is repealed, unless a later enacted statute that is enacted before January 1, 2029, deletes or extends that date. (Amended by Stats. 2018, Ch. 985, Sec. 4. (SB 1309) Effective January 1, 2019. Repealed as of January 1, 2029, by its own provisions. Note: Repeal affects Article 3.5, commencing with Section 7860.)
  183. 7880.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 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 4. Vessel Registration [7880 - 7892] ( Article 4 enacted by Stats. 1957, Ch. 456. )

    Verify source ↗

    If you own or operate a profit fishing vessel with a commercial boat registration, you must display the department registration number on the vessel as the department directs.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 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 4. Vessel Registration [7880 - 7892] ( Article 4 enacted by Stats. 1957, Ch. 456. ) ## 7880. (a) A person owning or operating a vessel used in connection with fishing operations for profit who has been issued a commercial boat registration pursuant to Section 7881 shall display, for the purpose of identification, a department registration number on the vessel in a manner designated by the department. (b) The method of displaying the registration number on the vessel shall be determined by the department after consultation with the Division of Boating and Waterways, taking into consideration the responsibilities and duties of the Division of Boating and Waterways as prescribed in the Harbors and Navigation Code. (c) The registration number is not transferable, and it is a permanent fixture upon the vessel for which it is originally issued. (Amended by Stats. 2015, Ch. 154, Sec. 88. (AB 1527) Effective January 1, 2016.)
  184. 7881.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 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 4. Vessel Registration [7880 - 7892] ( Article 4 enacted by Stats. 1957, Ch. 456. )

    Verify source ↗

    Certain vessel owners or operators connected to fishing for profit must apply for commercial boat registration; registered-vessel owners must report loss, destruction, or sale immediately; resident and nonresident applicants face different base 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 4. Vessel Registration [7880 - 7892] ( Article 4 enacted by Stats. 1957, Ch. 456. ) ## 7881. (a) Every person who owns or operates a vessel in public waters in connection with fishing operations for profit in this state, or who brings fish into this state, or who, for profit, permits persons to fish therefrom, shall submit an application for commercial boat registration on forms provided by the department and shall be issued a registration number. (b) A commercial boat registration may be issued to any resident owner or operator of a vessel upon payment of a base fee of two hundred fifty dollars ($250). The commercial boat registration shall be carried aboard the vessel at all times, and shall be posted in a conspicuous place. (c) A commercial boat registration may be issued to any nonresident owner or operator of a vessel upon payment of a base fee of seven hundred fifty dollars ($750). The commercial boat registration shall be carried aboard the vessel at all times and shall be posted in a conspicuous place. (d) If a registered vessel is lost, destroyed, or sold, the owner of the vessel shall immediately report the loss, destruction, or sale to the department. (e) This section does not apply to any person required to be licensed as a guide pursuant to Section 2536. (f) The base fees specified in this section are applicable to the 2004 license year, and shall be adjusted annually thereafter pursuant to Section 713. (g) The commission shall adjust the amount of the fees specified in subdivision (f), 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. 2012, Ch. 565, Sec. 24. (SB 1148) Effective January 1, 2013.)
  185. 7891.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 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 4. Vessel Registration [7880 - 7892] ( Article 4 enacted by Stats. 1957, Ch. 456. )

    Verify source ↗

    Vessels used for fishing may not deliver fish, mollusks, or crustaceans outside California waters unless the Fish and Game Commission has issued a 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 1. Generally [7600 - 8126] ( Chapter 1 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 4. Vessel Registration [7880 - 7892] ( Article 4 enacted by Stats. 1957, Ch. 456. ) ## 7891. The law relating to the subject of control of fishing in state waters when delivery is to points beyond state waters was adopted as an initiative measure at the General Election of November 8, 1938. The reference to Section 845 in the last sentence is to Sections 8630 to 8632, inclusive, of this code. It reads as follows: 1110—No person shall use or operate or assist in using or operating in this State or the waters thereof, any boat or vessel used in connection with fishing operations irrespective of its home port or port of registration, which fishing boat or vessel delivers or by which there is delivered to any point or place other than within this State any fish, mollusks or crustaceans which are caught in, or taken aboard said boat or vessel from, the waters of the Pacific Ocean within this State or on the high seas or elsewhere, unless a permit authorizing the same shall have been issued by the Fish and Game Commission. Where it appears to the commission that such permit will not tend to prevent, impede or obstruct the operation, enforcement or administration of this code or any provision thereof, and will not tend to result in fish, mollusks or crustaceans in the waters of this State being taken or used otherwise than is authorized by this code, the commission may issue revocable permits under such rules and regulations and upon such terms and conditions as it may prescribe to deliver fish, mollusks or crustaceans by the use of such boat or vessel outside of this State, provided that nothing herein shall authorize the transportation or carrying out of this State or any district thereof, of any fish, mollusks or crustaceans where the same is prohibited by law, and no permit shall be issued which may tend to deplete any species of fish, mollusk or crustacean, or result in waste thereof. Any person who uses or operates or assists in using or operating any boat or vessel in violation of the provisions of this section is guilty of a misdemeanor and such boat or vessel and the net, gear or other equipment of said boat or vessel is a public nuisance and shall be forfeited. It is the duty of every person authorized to make an arrest for the violation of any of the provisions of this code, to seize and keep such boat, vessel, net, gear or other equipment and to report such seizure to the commission. The commission shall thereupon commence, in the superior court of the county or city and county in which or nearest to which the seizure is made, proceedings for forfeiture of the seized property for its use in violation of this section, and such proceeding shall be had in the manner and according to the procedure provided by Section 845 of this code for the forfeiture of nets. (Enacted by Stats. 1957, Ch. 456. Note: This section sets out the text of Section 1110 (from the code prior to its 1957 reenactment) as added on November 8, 1938, by initiative Proposition 5. Because of its different subject matter, this section probably is not intended to be part of Article 4, which includes Sections 7880, 7881, and 7892.)
  186. 7892.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 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 4. Vessel Registration [7880 - 7892] ( Article 4 enacted by Stats. 1957, Ch. 456. )

    Verify source ↗

    The department must issue aircraft registrations to people who own or operate aircraft used for commercial fishing in the state, and the registration must be carried on the aircraft whenever it is used 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 1. Generally [7600 - 8126] ( Chapter 1 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 4. Vessel Registration [7880 - 7892] ( Article 4 enacted by Stats. 1957, Ch. 456. ) ## 7892. The department shall issue to any person owning or operating an aircraft used in connection with commercial fishing operations in this state an aircraft registration for that aircraft. The registration shall be carried aboard the aircraft at all times when the aircraft is used in connection with commercial fishing operations. The fee for a commercial aircraft registration shall be two hundred dollars ($200). (Added by Stats. 1996, Ch. 870, Sec. 15. Effective January 1, 1997.)
  187. 79.

    ## 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 legal wording: “shall” means mandatory, and “may” means permissive.

    ## 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. ) ## 79. “Shall” is mandatory and “may” is permissive. (Enacted by Stats. 1957, Ch. 456.)
  188. 7920.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 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 5. Commercial Passenger Fishing Boat Licenses [7920 - 7925] ( Heading of Article 5 amended by Stats. 1978, Ch. 443. )

    Verify source ↗

    Owners who profit from allowing fishing must get a commercial passenger fishing boat license, unless the boat is a guide boat covered by Section 46.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 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 5. Commercial Passenger Fishing Boat Licenses [7920 - 7925] ( Heading of Article 5 amended by Stats. 1978, Ch. 443. ) ## 7920. The owner of any boat or vessel who, for profit, permits any person to take fish, shall procure a commercial passenger fishing boat license. This article applies only to a boat or vessel whose owner or his or her employee or other representative is with it when it is used for fishing. A person operating a guide boat, as defined in Section 46, is not required to obtain a commercial passenger fishing boat license. (Amended by Stats. 2004, Ch. 431, Sec. 12. Effective January 1, 2005.)
  189. 7921.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 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 5. Commercial Passenger Fishing Boat Licenses [7920 - 7925] ( Heading of Article 5 amended by Stats. 1978, Ch. 443. )

    Verify source ↗

    The base fee for a commercial passenger fishing vessel license is $250 for the 2004 license year, and it must be adjusted annually 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 5. Commercial Passenger Fishing Boat Licenses [7920 - 7925] ( Heading of Article 5 amended by Stats. 1978, Ch. 443. ) ## 7921. The base fee for a commercial passenger fishing vessel license is two hundred fifty dollars ($250) in the 2004 license year, which shall be adjusted annually thereafter pursuant to Section 713. The commercial passenger fishing vessel license shall be issued to the holder of a commercial boat registration issued pursuant to Section 7881. (Amended by Stats. 2023, Ch. 132, Sec. 140. (AB 1760) Effective January 1, 2024.)
  190. 7923.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 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 5. Commercial Passenger Fishing Boat Licenses [7920 - 7925] ( Heading of Article 5 amended by Stats. 1978, Ch. 443. )

    Verify source ↗

    A license holder must keep a true English-language record of all fish taken and follow 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 1. Generally [7600 - 8126] ( Chapter 1 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 5. Commercial Passenger Fishing Boat Licenses [7920 - 7925] ( Heading of Article 5 amended by Stats. 1978, Ch. 443. ) ## 7923. The holder of a license shall keep a true record in the English language of all fish taken, and shall comply with such regulations as the commission may prescribe. Such a record and the information contained in it shall be confidential, and the record shall not be a public record. (Enacted by Stats. 1957, Ch. 456.)
  191. 7924.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 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 5. Commercial Passenger Fishing Boat Licenses [7920 - 7925] ( Heading of Article 5 amended by Stats. 1978, Ch. 443. )

    Verify source ↗

    Licenses under this article can be forfeited, suspended, or revoked for violating Section 7121 or for other offenses that already allow discipline of a commercial fishing 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 5. Commercial Passenger Fishing Boat Licenses [7920 - 7925] ( Heading of Article 5 amended by Stats. 1978, Ch. 443. ) ## 7924. Licenses issued under this article are subject to forfeiture, suspension, or revocation for a violation of Section 7121 and for any offense for which a commercial fishing license may be forfeited, suspended, or revoked. (Amended by Stats. 1980, Ch. 1052, Sec. 2.)
  192. 7925.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 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 5. Commercial Passenger Fishing Boat Licenses [7920 - 7925] ( Heading of Article 5 amended by Stats. 1978, Ch. 443. )

    Verify source ↗

    Certain commercial passenger fishing boats must carry enough salmon stamps when taking salmon or carrying salmon north of Point Arguello, and no one may operate such a boat in violation of that rule.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 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 5. Commercial Passenger Fishing Boat Licenses [7920 - 7925] ( Heading of Article 5 amended by Stats. 1978, Ch. 443. ) ## 7925. (a) If a commercial passenger fishing boat is used to take salmon or has salmon aboard in ocean waters north of Point Arguello, there shall be on board that vessel a total number of commercial fishing salmon stamps sufficient to have at least one for the operator and one for each crewmember required by United States Coast Guard regulations, excepting an operator or a crewmember who is exempt from the commercial fishing salmon stamp requirement of Section 7860. The commercial fishing salmon stamps shall be affixed to either the commercial fishing licenses of the operator and the crewmembers or, pursuant to subdivision (b), to the vessel’s commercial passenger fishing boat license. No person shall operate, or cause to be operated, a commercial passenger fishing boat in violation of this subdivision. Vessels permitted as commercial salmon fishing vessels pursuant to Article 4.5 (commencing with Section 8230) of Chapter 2 are exempt from the requirements of this subdivision. (b) Notwithstanding Section 1053.1, the department may issue to the owner or operator of a vessel licensed pursuant to this article, upon application and payment of the fees prescribed in subdivision (c) of Section 7860, one commercial fishing salmon stamp for the operator and not more than one additional commercial salmon stamp for each crewmember required by the United States Coast Guard regulations. The commercial fishing salmon stamps issued under this subdivision shall be affixed to the vessel’s commercial passenger fishing boat license issued pursuant to this article. (Amended by Stats. 2023, Ch. 132, Sec. 141. (AB 1760) Effective January 1, 2024.)
  193. 8.

    ## 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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    This section says that the present tense also covers the past and future tenses, and that the future tense covers the present.

    ## 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. ) ## 8. The present tense includes the past and future tenses, and the future, the present. (Enacted by Stats. 1957, Ch. 456.)
  194. 80.

    ## 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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    A code provision that applies to a whole animal also applies to a part of the animal, unless the provision or context requires otherwise.

    ## 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. ) ## 80. Unless the provision or context otherwise requires, a provision of this code that applies to a whole animal also applies to a part of the animal. (Added by Stats. 2015, Ch. 154, Sec. 8. (AB 1527) Effective January 1, 2016.)
  195. 8010.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 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 6. Commercial Fishing Reports [8010 - 8026] ( Article 6 enacted by Stats. 1957, Ch. 456. )

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    The department must gather commercial fisheries data and conduct related investigations on marine resources, including sustainable yield and conservation measures.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 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 6. Commercial Fishing Reports [8010 - 8026] ( Article 6 enacted by Stats. 1957, Ch. 456. ) ## 8010. The department shall: (a) Gather and prepare data of the commercial fisheries, showing particularly the extent of the fisheries and the extent to which the various species abound. (b) Make such investigations of the biology and the environment of the living marine resources as will aid in the collection and preparation of the statistical information necessary to determine the population dynamics of the species relative to their scientific management. (c) Make such investigations as will disclose the optimum sustainable yield of the various marine resources. (d) Determine what measures may be advisable to conserve any fishery, or to enlarge and assist any fishery where that may be done without danger to the supply. (Amended by Stats. 1970, Ch. 798.)
  196. 8022.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 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 6. Commercial Fishing Reports [8010 - 8026] ( Article 6 enacted by Stats. 1957, Ch. 456. )

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    Certain fishing records and catch data are confidential, but the department may release them only in listed circumstances.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 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 6. Commercial Fishing Reports [8010 - 8026] ( Article 6 enacted by Stats. 1957, Ch. 456. ) ## 8022. (a) (1) The landing receipts, reports, or other records filed with the department pursuant to Article 2 (commencing with Section 7700) to Article 7.5 (commencing with Section 8040), inclusive, the records filed with the commission pursuant to Section 8026, and the information they contain, shall, except as otherwise provided in this section, be confidential, and the records shall not be public records. Insofar as possible, the information contained in the records shall be compiled or published as summaries, so as not to disclose the individual record or business of any person. (2) Notwithstanding paragraph (2) of subdivision (b), the information and data relating to catch contained in the landing receipts and records of fishing activities described in paragraph (1) shall be confidential and shall not be public information. (b) (1) Notwithstanding any other law, the department may release the confidential information described in subdivision (a) only in the following circumstances: (A) To a federal agency responsible for fishery management activities, provided the information is used solely for the purposes of enforcing fishery management provisions and provided the information will otherwise remain confidential. (B) In accordance with Section 391 or pursuant to a court order. (C) To a public or private postsecondary institution engaged in research under the terms of a legally binding confidentiality agreement. (D) Or under other conditions as the commission by regulation may provide. (2) Notwithstanding paragraph (1) of subdivision (a), fish business identification numbers, fish business names, commercial fishing license numbers, commercial fisher names, vessel registration identification numbers, and vessel names, exclusively, shall be deemed public information and may be provided upon request. (c) All forms, logs, books, covers, documents, electronic data, software, and other records of any kind issued or otherwise supplied, directly or indirectly, by the department, the purpose of which is to provide a means for reports, records, or other information to be filed with the department pursuant to Article 2 (commencing with Section 7700) to Article 7.5 (commencing with Section 8040), inclusive, continue to be the property of the department. Those forms, logs, books, covers, documents, electronic data, software, other records, or portions thereof remain the property of the department whether used, unused, attached, or detached from their original binding, packaging, or other medium and shall be immediately surrendered upon demand to a peace officer of the department acting in their official capacity, without being altered in any manner. (Amended by Stats. 2025, Ch. 227, Sec. 1. (SB 609) Effective January 1, 2026.)
  197. 8025.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 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 6. Commercial Fishing Reports [8010 - 8026] ( Article 6 enacted by Stats. 1957, Ch. 456. )

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    The commission may suspend or revoke certain commercial fishing privileges or licenses if there is a conviction for violating this article or Article 7.5, and the department recommends action.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 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 6. Commercial Fishing Reports [8010 - 8026] ( Article 6 enacted by Stats. 1957, Ch. 456. ) ## 8025. (a) The commission, upon recommendation of the department, may suspend or revoke the commercial fishing privileges of any fisherman or the license of any person required to be licensed under Article 7 (commencing with Section 8030) who is convicted of a violation of this article or Article 7.5 (commencing with Section 8040). (b) This section shall become operative on January 1, 1992. (Repealed (in Sec. 15) and added by Stats. 1990, Ch. 1703, Sec. 16. Section operative January 1, 1992, by its own provisions.)
  198. 8026.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 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 6. Commercial Fishing Reports [8010 - 8026] ( Article 6 enacted by Stats. 1957, Ch. 456. )

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    The commission may require certain commercial fishing vessel, license, and passenger boat holders to keep and submit accurate fishing activity records in a department-prescribed 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 1. Generally [7600 - 8126] ( Chapter 1 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 6. Commercial Fishing Reports [8010 - 8026] ( Article 6 enacted by Stats. 1957, Ch. 456. ) ## 8026. (a) The commission may require the owner and operator of a commercial fishing vessel, the holder of a commercial fishing license or permit, and the owner and licenseholder of a commercial passenger fishing boat to keep and submit a complete and accurate record of fishing activities in a form prescribed by the department. (b) In addition to the penalty specified in subdivision (b) of Section 12000 or subdivision (a) of Section 12002, failure to keep and submit records pursuant to subdivision (a) may result in the revocation or suspension of a license or permit by the department or the commission, when recommended by the department, for a period not to exceed one year. (Amended by Stats. 2023, Ch. 129, Sec. 1. (AB 1611) Effective January 1, 2024.)
  199. 8030.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 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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    Most people who run a business for profit involving fish must be licensed under this article, unless they fit one of 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 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. ) ## 8030. Any person who engages in any business for profit involving fish shall be licensed pursuant to this article, except as follows: (a) A commercial fisherman who sells fish only to persons licensed under this article to purchase or receive fish from commercial fishermen and who does not engage in any activity described in Section 8034, 8035, or 8036 unless licensed to engage in both activities. (b) A person licensed pursuant to Section 8460 who only takes, transports, or sells live freshwater fish for bait. (c) A person who sells fish or aquaculture products only at retail to the ultimate consumer if that person does not conduct any activities described in Section 8033, 8035, or 8036. (d) Pursuant to Division 12 (commencing with Section 15000), a person who deals only in products of aquaculture. (e) A person who deals only with nonnative live products that are not utilized for human consumption but that are utilized solely for pet industry or hobby purposes and who does not engage in the activities described in Section 8033.1. (f) A person who is employed by the fish receiver to unload fish or fish products from a commercial fishing boat at a dock. (g) A person who purchases, sells, takes, or receives live marine fish for use exclusively as live bait, that are not brought ashore, and who has registered as a live bait dealer with the department. (h) A person who does not purchase or obtain fish, but who acts as an agent for others while negotiating purchases, or sales of fish in return for a fee, commission, or other compensation. (Amended by Stats. 2023, Ch. 876, Sec. 2. (SB 500) Effective January 1, 2024.)
  200. 8031.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 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 defines key terms used in the article, including “process fish,” “wholesale,” “import,” and “commercial fisherman.”

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 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. ) ## 8031. (a) The following definitions govern the construction of this article: (1) “Process fish” means any activity for profit of preserving or preparing fish for sale or delivery to other than the ultimate consumer, including, but not limited to, cleaning, cutting, gutting, scaling, shucking, peeling, cooking, curing, salting, canning, breading, packaging, or packing fish. “Process fish” also means the activity for profit of manufacturing fish scraps, fish meal, fish oil, or fertilizer made from fish. “Process fish” does not include the cleaning, beheading, gutting, or chilling of fish by a licensed commercial fisherman which is required to preserve the fish while aboard a fishing vessel and which is to prevent deterioration, spoilage, or waste of the fish before they are landed and delivered to a person licensed to purchase or receive fish from a commercial fisherman. (2) “Wholesale” means the purchase of fish from persons licensed to purchase or receive fish from a commercial fisherman, processors, importers, or any other wholesaler for the purpose of resale to other than the ultimate consumer. (3) “Import” means receiving or purchasing fish taken outside of this state which are not landed in this state by a licensed commercial fisherman. (4) “Commercial fisherman” means a person who has a valid, unrevoked commercial fishing license issued pursuant to Section 7850. (b) This section shall become operative on January 1, 1993. (Amended (as added by Stats. 1990, Ch. 1703, Sec. 20) by Stats. 1991, Ch. 80, Sec. 3.2. Effective June 30, 1991. Section operative January 1, 1993, by its own provisions.)

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