PART 3. COMMERCIAL FISHING [7600. - 9101.]
Part 3 enacted by Stats. 1957, Ch. 456.
§§ 7600–9101 · 500 sections
CHAPTER 1. Generally §§ 7600–8126 · 133 sections
ARTICLE 1. Application of Part §§ 7600–7601 · 2 sections
- § 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…
- § 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…
ARTICLE 1.3. Commercial Fisheries Capacity Reduction Program § 7630 · 1 section
- § 7630 It is the intent of the Legislature to enact legislation establishing a comprehensive program to allow California groundfish fishermen to participate in any…
ARTICLE 1.5. Federal Regulation §§ 7650–7655 · 8 sections
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 7654 The Legislature finds and declares: (a) That the actions taken by the federal Pacific Fishery Management Council have resulted in significant economic losses…
- § 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…
ARTICLE 1.6. Salmon Management §§ 7660–7662 · 2 sections
- § 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…
- § 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…
ARTICLE 1.7. Vessel, Hull, and Machinery Loss Pooling § 7690 · 1 section
- § 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…
ARTICLE 2. General Provisions §§ 7700–7712 · 16 sections
- § 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,…
- § 7701 The commission may regulate and control fishing boats, barges, lighters or tenders, receptacles or vehicles containing fish, commercial fishermen, packers,…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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,…
- § 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,…
- § 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…
- § 7709 The commission may establish rules and regulations for the commercial taking of fish for educational and scientific purposes.
- § 7710 (a) If the director determines, based on the best available scientific information, or other relevant information that the director possesses or receives, and…
- § 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…
- § 7710.5 If, during the period that regulations adopted pursuant to Section 7710 are effective, the director determines, based on thorough and adequate scientific…
- § 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…
- § 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…
ARTICLE 3. Commercial Fishing Licenses §§ 7850–7858 · 15 sections
- § 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,…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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,…
- § 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…
- § 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…
- § 7855 The proceedings to revoke or suspend a commercial fishing license shall be conducted at one of the commission’s regularly scheduled meetings.
- § 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…
- § 7857 Unless otherwise specified, the following conditions apply to each commercial fishing license, permit, or other entitlement issued to take, possess aboard a…
- § 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…
ARTICLE 3.5. Commercial Salmon Trollers Enhancement and Restoration Program §§ 7860–7863 · 10 sections
- § 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…
- § 7861 (a) After deducting the administrative costs for issuing the commercial fishing salmon stamps, the department shall deposit the fees received pursuant to…
- § 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.
- § 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…
- § 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)…
- § 7861.4 A priority for funding shall be given to programs and projects restoring, enhancing, and protecting salmon streams with funds appropriated pursuant to…
- § 7861.5 In consultation with the Commercial Salmon Trollers Advisory Committee, the department may allocate funds from the Commercial Salmon Stamp Dedicated Subaccount…
- § 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…
- § 7862.5 (a) The Commercial Salmon Trollers Advisory Committee established under Section 7862 may recommend to the director that a nonprofit organization or the…
- § 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…
ARTICLE 4. Vessel Registration §§ 7880–7892 · 4 sections
- § 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…
- § 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…
- § 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…
- § 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…
ARTICLE 5. Commercial Passenger Fishing Boat Licenses §§ 7920–7925 · 5 sections
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
ARTICLE 6. Commercial Fishing Reports §§ 8010–8026 · 4 sections
- § 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…
- § 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…
- § 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…
- § 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…
ARTICLE 7. Commercial Fish Business Licenses §§ 8030–8039 · 14 sections
- § 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…
- § 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…
- § 8032 (a) A multifunction commercial fish business license shall be issued that authorizes any or all activities described in Section 8033, 8034, 8035, or 8036. The…
- § 8032.5 Unless otherwise specified, all of the following conditions apply to each commercial fish business license, permit, or other entitlement pursuant to this…
- § 8033 (a) Except as provided in Section 8033.1 or 8033.5, or subdivision (b) of Section 8047, any person who purchases or receives fish for commercial purposes from…
- § 8033.1 (a) Any person engaged in any of the following activities involving species identified in subdivision (b) of Section 8597 shall obtain a nontransferable marine…
- § 8033.2 The annual fee for the marine aquaria receiver’s license is one thousand three hundred seventy-three dollars ($1,373).
- § 8033.5 (a) Any commercial fisherman who sells fish for other than marine aquaria pet trade or research purposes that he or she has taken to the ultimate consumer of…
- § 8034 (a) Any person who processes fish for profit shall obtain a fish processor’s license. The annual fee for a fish processor’s license is five hundred forty-nine…
- § 8035 (a) Except for a person exempt under Section 8030, any person who, for the purpose of resale to other than the ultimate consumer, purchases or obtains fish…
- § 8036 (a) Any person who purchases or receives fish that are taken outside of this state and brought into this state by a person who is not a licensed commercial…
- § 8037 (a) A person who engages in business involving fish which business activity would require more than one class of license under this article shall obtain either…
- § 8038 A license issued under this article is valid from January 1 to December 31, inclusive, or, if issued after the beginning of that term, for the remainder…
- § 8039 The fees specified in this article are applicable to the 2004 license year and shall be adjusted annually thereafter pursuant to Section 713.
ARTICLE 7.5. Landing Fees §§ 8040–8070 · 29 sections
- § 8040 The following definitions govern the construction of this article. (a) “Commercial fisherman” means a person who has a valid, unrevoked commercial fishing…
- § 8041 (a) The following persons shall pay the landing fee determined pursuant to Section 8042: (1) Any person who is required to be licensed as a fish receiver, and…
- § 8042 The amount of the landing fee under this article shall be determined by multiplying the fee rate for the type of fish delivered by a commercial fisherman in…
- § 8043 (a) The following persons shall report all fish sales, deliveries, transfers, and landings using an electronic fish ticket as prescribed pursuant to…
- § 8043.1 (a) A person required to be licensed as a marine aquaria receiver shall make a legible, true, and complete record of the landing receipts on a form and in a…
- § 8043.2 (a) A commercial fisherman licensed pursuant to Section 8033.5 who sells fish from a vessel directly to the ultimate consumer and who is required pursuant to…
- § 8046 (a) The electronic fish ticket made under Section 8043 shall be submitted to the department within three business days of the landing unless otherwise…
- § 8046.1 In addition to the requirements of Section 8046, any person landing groundfish subject to federal groundfish regulations adopted pursuant to the Magnuson…
- § 8047 (a) (1) An original printed signed hard copy of the electronic fish ticket as required by Section 8043 or landing receipt as required by Section 8043.1 shall…
- § 8050 (a) In addition to the receipt required by Section 8043, every person licensed under Article 7 (commencing with Section 8030), and any commercial fisherman who…
- § 8051 (a) The landing fee imposed pursuant to Section 8041 shall be determined pursuant to Section 8042 by using the fee rates in the following schedule, as adjusted…
- § 8051.4 (a) The landing fee collected pursuant to former Section 8051.3 shall be deposited in the Fish and Game Preservation Fund and shall be used only for the…
- § 8052 Landing fees shall be used only for the administration of laws relating to the commercial fishing industry, except as follows: (a) Not less than 90 percent of…
- § 8053 (a) Landing fees imposed by this article shall be paid quarterly to the department within 30 days after the close of each quarter. (b) The department may adopt…
- § 8056 Except as otherwise provided in this article, all moneys collected pursuant to this article shall be paid to the department, and shall be expended for the…
- § 8057 If the department determines that any fee or penalty has been paid more than once or has been erroneously or illegally collected or computed, the department…
- § 8058 In the event of overpayment of any of the fees imposed by this article, the feepayer may file a claim for refund or a claim for credit with the department. No…
- § 8059 Every claim for refund or credit for overpayment of a landing fee shall be in writing and shall state the specific grounds upon which the claim is founded.
- § 8060 Failure to file a claim for refund or credit within the time prescribed in this article constitutes a waiver of any demand against the state on account of…
- § 8061 Within 30 days after disallowing any claim for refund or credit for overpayment of a landing fee in whole or in part, the department shall serve notice of its…
- § 8062 Interest shall be paid upon any overpayment of a landing fee at the rate of one-half of 1 percent per month from the date of overpayment. The interest shall be…
- § 8063 If the department determines that any overpayment of a landing fee has been made intentionally or by reason of carelessness, it shall not allow any interest…
- § 8064 No injunction or writ of mandate or other legal or equitable process shall issue in any suit, action, or proceeding in any court against this state or against…
- § 8065 No suit or proceeding shall be maintained in any court for the recovery of any amount of landing fee alleged to have been erroneously paid or erroneously or…
- § 8066 Within 90 days after the mailing of the notice of the department’s action upon a claim filed pursuant to Sections 8058 and 8059, the claimant may bring an…
- § 8067 If the department fails to mail notice of action on a claim for refund or credit for overpayment of a landing fee within six months after the claim is filed,…
- § 8068 If judgment is rendered for the plaintiff, the amount of the judgment shall first be credited on any landing fee due and payable from the plaintiff to the…
- § 8069 In any judgment, interest shall be allowed at the legal rate of interest on unsatisfied judgments, as provided in Section 685.010 of the Code of Civil…
- § 8070 A judgment shall not be rendered in favor of the plaintiff in any action brought against the department to recover any amount paid when the action is brought…
ARTICLE 8. Reduction Permits §§ 8075–8080 · 7 sections
- § 8075 The commission may grant a permit, subject to such regulations as it may prescribe, to take and use fish by a reduction or extraction process.
- § 8076 No reduction of fish shall be permitted which may tend to deplete the species, or result in waste or deterioration of fish.
- § 8077 No permit shall be issued except after a public hearing and a finding by the commission that the granting thereof would promote the economic utilization of the…
- § 8078 A hearing pursuant to this article shall be held within 30 days after application for a permit, upon such notice as the commission shall prescribe. The…
- § 8079 The commission shall, whenever necessary to prevent overexpansion, to insure the efficient and economical operation of reduction plants, or to otherwise carry…
- § 8079.1 Notwithstanding any other provision of this code or regulation adopted pursuant to this code, the director or a representative appointed by the director, may,…
- § 8080 Nothing in this article restricts the power of any court in any proceeding relating to any matter arising out of the provisions of this article.
ARTICLE 9. Limited Entry Fisheries §§ 8100–8103 · 4 sections
- § 8100 “Limited entry fishery” means a fishery in which the number of persons who may participate or the number of vessels that may be used in taking a specified…
- § 8101 (a) Any licensed fisherman shall be eligible for inclusion during the initial year of a limited entry fishery which is established by statute that becomes…
- § 8102 (a) The Legislature finds and declares that, in some limited entry fisheries, two or more partners may be operating with one of the partners holding the permit…
- § 8103 (a) The Legislature finds and declares as follows: (1) The accidental death of a limited entry permittee results in great hardships on the permittee’s family.…
ARTICLE 10. Far Offshore Fishing §§ 8110–8114 · 5 sections
- § 8110 (a) The Legislature finds and declares that dramatic changes have very recently taken place in the methods and geographic areas of effort by California-based…
- § 8111 “Far offshore fishery” means a fishery that lies outside the United States 200-mile exclusive economic zone, as defined by paragraph (6) of Section 1802 of…
- § 8112 Notwithstanding any other section of this code, fish taken in a far offshore fishery, which may be lawfully imported, may be landed in this state by persons…
- § 8113 (a) Prior to departure from any port in the United States for the purpose of taking fish in the far offshore fishery, the operator of any vessel landing fish…
- § 8114 It is unlawful for the operator of any vessel operating under authority of this article to fish in, or land fish from, any waters within the United States…
ARTICLE 11. High Seas Interception of Salmon §§ 8120–8123 · 4 sections
- § 8120 The definitions in this section govern the construction of this article: (a) “Environmental purpose” means the intent to prevent or minimize adverse ecological…
- § 8121 It is unlawful for any person to do any of the following: (a) To buy, sell, trade, process, or possess salmon, or attempt to buy, sell, trade, process, or…
- § 8122 It is unlawful for any person to create, circulate, or possess any written instrument related to salmon with the knowledge that the written instrument conveys…
- § 8123 (a) If any person knows that a vessel contains salmon obtained by high seas interception or that the owner or operator of the vessel intends to engage in the…
ARTICLE 12. Commercial Fisheries Capacity Reduction Program §§ 8125–8126 · 2 sections
- § 8125 There is hereby established the Commercial Fisheries Capacity Reduction Account in the Fish and Game Preservation Fund. Fees collected pursuant to Section 8126…
- § 8126 The commission shall establish a capacity reduction fee on the taking of certain species of fish and shellfish, consistent with the West Coast Groundfish…
CHAPTER 2. Particular Varieties of Fish §§ 8140–8599.4 · 223 sections
ARTICLE 1. General Season § 8140 · 1 section
- § 8140 All fish, the taking of which is not otherwise restricted for commercial purposes, by state or federal law or any regulations adopted pursuant to those laws,…
ARTICLE 2. Sardines §§ 8150.5–8154 · 3 sections
- § 8150.5 (a) Sardines may not be taken or possessed on any boat, barge, or vessel except pursuant to Section 8150.7. (b) This section does not prohibit the possession…
- § 8150.7 It is the intent of the Legislature that the sardine resource be managed with the objective of maximizing the sustained harvest. The department shall manage…
- § 8154 No person shall receive, possess, or sell sardines for any purpose except for that purpose specified on the fish receipt completed at the time of landing of…
ARTICLE 3. Anchovies §§ 8180–8190 · 5 sections
- § 8180 In any district or part of a district lying south of a line drawn east and west through Point Mugu, anchovies may be taken in any quantity for bait or for…
- § 8181 Anchovies taken south of that line in waters not less than three nautical miles from the nearest point of land on the mainland shore, and anchovies taken north…
- § 8182 The operator of a boat engaged in taking anchovies in waters south of the line described in Section 8180 shall at all times while operating the boat identify…
- § 8183 (a) No anchovies may be taken for any purpose in Humboldt Bay, except under the following conditions: (1) Anchovies may be taken between May 1 and December 1.…
- § 8190 (a) It is the policy of the State of California that the anchovy resource shall be managed in a manner which insures the continued abundance of the species. To…
ARTICLE 4. Salmon §§ 8210.2–8226 · 8 sections
- § 8210.2 Except as modified by the director pursuant to Section 7652, salmon may be taken under authority of a commercial fishing license and a commercial fishing…
- § 8213 During the period when salmon may not be taken for commercial purposes in any district, salmon may be sold in that district only under the regulations of the…
- § 8214 It is unlawful to take salmon for commercial purposes at the mouth of Humboldt Bay in those portions of Districts 6 and 7 within three nautical miles north and…
- § 8215 Silver salmon may not be sold or possessed in, or transported through, District 6, 7, 10, 11, 16, 17, or 18, during the time when the taking of silver salmon…
- § 8217 Salmon may be sold subject to the exceptions and restrictions contained in this article.
- § 8218 It is unlawful to gaff, club, otherwise injure, or possess any king or silver salmon under the legal size.
- § 8219 Salmon may not be taken for commercial purposes in District 6 at the mouths of the Smith and Klamath Rivers within three nautical miles north and south of a…
- § 8226 (a) Notwithstanding any measurement requirements under this code, and to implement the department’s salmon tagging program, any person in possession of a…
ARTICLE 4.5. Commercial Salmon Vessel Permits §§ 8230–8248 · 31 sections
- § 8230 (a) The Legislature finds and declares that commercial salmon fishing is in the public interest and that the preservation of commercial salmon fishing directly…
- § 8231 The following definitions govern the construction of this article: (a) “Agent” means the person designated in writing by the owner as the owner’s…
- § 8232 It is unlawful to take or possess salmon for commercial purposes on a vessel unless all of the following conditions are met: (a) The vessel is registered with…
- § 8232.5 (a) Except as provided in this section, it is unlawful to take salmon for sport purposes on a permitted vessel. (b) Subdivision (a) does not prohibit taking…
- § 8233 Except as otherwise provided in this article, a permit shall be renewed prior to expiration. Each permit issued by the department shall display the expiration…
- § 8233.3 Except as otherwise provided in this article, the department shall issue a permit, upon application and payment of the renewal fees pursuant to Section 8235,…
- § 8233.4 Except as otherwise provided in this article, the department shall issue a permit, upon payment of the transfer fees pursuant to subdivision (a) of Section…
- § 8233.5 (a) Except as otherwise provided in this article, the department shall change the designation of the holder of a permit to the new owner of a permitted vessel…
- § 8233.8 Except as otherwise provided in this article, the department shall issue a permit to the owner of a commercial salmon fishing vessel that is registered with…
- § 8233.9 Section 8101 does not apply to this article.
- § 8234 (a) The department shall not issue a permit under this article unless one of the following first occurs: (1) The applicant presents to the department a…
- § 8235 (a) The owner of a permitted vessel, or that owner’s agent, may apply for renewal of the permit annually on or before April 30, upon payment of the fees…
- § 8236 (a) The department shall send a written notice of renewal and a permit renewal application to the owner of each currently permitted vessel at the most recent…
- § 8238 (a) On or before January 1, 1991, the department, in consultation with the commercial salmon fishing review board, created pursuant to former Section 8247,…
- § 8238.1 The vessel classification system shall be used by the department for issuance of new original vessel permits pursuant to Section 8243.
- § 8239 A transfer may be approved and a permit issued for use of a replacement vessel pursuant to Section 8241 under all of the following conditions: (a) The vessel…
- § 8239.1 Unless otherwise prohibited, the department shall accept a transfer application within two years after the date that a permitted vessel was lost, stolen, or…
- § 8239.6 A permit issued for the use of a replacement vessel under Section 8241 is valid for the balance of the permit year for which the permit for the use of the…
- § 8240 (a) The department shall not issue a permit for use of a replacement vessel if the permitted vessel was reported as lost, stolen, or destroyed by fraudulent…
- § 8241 The department shall issue the permit for use of a replacement vessel if it determines that the conditions specified in Section 8239 have been satisfied and…
- § 8242 A person seeking to gain entry into the commercial salmon fishery may obtain a permit under either of the following conditions: (a) By legally obtaining the…
- § 8243 (a) If the department determines that the number of permitted vessels is less than 2,500, the department shall determine the number and vessel classification…
- § 8244 (a) An applicant may apply for a new, original permit as an individual, a joint venture, or a corporation. The applicant may submit only one application…
- § 8245 (a) The department shall conduct a drawing from the applicants determined to be eligible for new, original permits pursuant to Section 8244 on the first Friday…
- § 8246 (a) At any time after notice of an order suspending or revoking of a person’s commercial salmon fishing privilege is issued by the commission, and before the…
- § 8246.2 (a) The commission, in consultation with the department, shall adopt regulations for the determination of civil damages provided for in subdivision (a) of…
- § 8246.4 The commission, after notice and opportunity for hearing, shall revoke a commercial salmon vessel permit issued pursuant to this article if the vessel permit…
- § 8246.6 A person whose commercial salmon fishing vessel permit is revoked by the commission or who has been denied a permit transfer may appeal the revocation or…
- § 8246.7 (a) The commission shall reverse an order of revocation, order the permit renewed, or order the approval of a permit transfer only if it finds one of the…
- § 8246.8 The commission and the department may make and enforce regulations that may be necessary or convenient for carrying out any power, authority, or jurisdiction…
- § 8248 If any provision of this article or the application thereof to any person or circumstances is held invalid, that invalidity shall not affect other provisions…
ARTICLE 5. Lobster §§ 8250–8259 · 10 sections
- § 8250 As used in this code, “spiny lobster” refers to the species Panulirus interruptus.
- § 8250.5 (a) Subject to this article and Article 1 (commencing with Section 9000) of Chapter 4, a lobster trap, as described in Section 9010, may be used to take…
- § 8251 Spiny lobsters may be taken only between the first Wednesday in October and the first Wednesday after the 15th of March. Lobster traps may be set and baited 24…
- § 8252 No spiny lobster less than three and one-quarter inches in length measured in a straight line from the rear edge of the eye socket to the rear edge of the body…
- § 8253 It is unlawful to pickle, can, or otherwise preserve any spiny lobster, but spiny lobsters may be preserved by freezing and may be cooked for consumption in…
- § 8254 (a) Lobsters shall not be taken for commercial purposes except under a valid lobster permit issued to that person that has not been suspended or revoked,…
- § 8254.7 When a complaint has been filed in a court of competent jurisdiction charging a holder of a commercial lobster permit with a violation of Section 8251 or 8252,…
- § 8257 The permit number of the person owning or in command of any boat used to take lobster shall be visibly displayed on both sides of the boat in 10-inch black…
- § 8258 Lobster traps may be used to take spiny lobster in Districts 18, 19, 20A, and those portions of District 20 lying on the southerly side of Santa Catalina…
- § 8259 Whenever it is necessary to prevent overutilization or to ensure efficient and economic operation of the fishery, the commission may limit the number of…
ARTICLE 6. Crab §§ 8275–8285 · 24 sections
- § 8275 Unless the provision or context otherwise requires, the definitions in this section govern the construction of this article. (a) “Dungeness crab” or “market…
- § 8276 Except as provided in Section 8276.2 or 8277: (a) Dungeness crab may be taken for commercial purposes in Districts 6, 7, 8, and 9 only between December 1 and…
- § 8276.1 (a) For purposes of this section, the following definitions apply: (1) “California Dungeness Crab Fishing Gear Working Group” means the California Dungeness…
- § 8276.2 (a) The director may order a delay in the opening of the Dungeness crab fishery after December 1 in Districts 6, 7, 8, and 9 in any year. The delay in the…
- § 8276.3 (a) If there is any delay ordered by the director pursuant to Section 8276.2 in the opening of the Dungeness crab fishery in Districts 6, 7, 8, and 9, a vessel…
- § 8276.4 (a) The Ocean Protection Council shall make a grant, upon appropriation of funding by the Legislature, for the development and administration of a Dungeness…
- § 8276.5 (a) In consultation with the Dungeness crab task force, or its appointed representatives, the director shall adopt a program, by March 31, 2013, for Dungeness…
- § 8277 (a) The director may extend the Dungeness crab season in any district or part thereof. (b) Before extending the Dungeness crab season, the director shall…
- § 8278 (a) Except as otherwise provided, no Dungeness crab less than six and one-quarter (61/4) inches in breadth, and no female Dungeness crab, may be taken,…
- § 8279 It is unlawful to sell any Dungeness crab taken in any of the following waters: (a) The Eel River and its tributaries between the Pacific Ocean and the west…
- § 8279.1 (a) A person shall not take, possess onboard, or land Dungeness crab for commercial purposes from a vessel in ocean waters for 30 days after the opening of…
- § 8280 (a) The Legislature finds and declares that the Dungeness crab fishery is important to the state because it provides a valuable food product, employment for…
- § 8280.1 (a) A person shall not use a vessel to take, possess, or land Dungeness crab for commercial purposes using Dungeness crab traps authorized pursuant to Section…
- § 8280.2 (a) The owner of a Dungeness crab vessel, for purposes of this section, may include a person with a bona fide contract for the purchase of a vessel who…
- § 8280.3 (a) For purposes of this section, the term “length overall” means the horizontal distance between the forward-most and after-most points on the hull of a…
- § 8280.4 (a) The commission may revoke the commercial fishing license issued pursuant to Section 7852 of any person owning a fishing vessel engaging in the taking or…
- § 8280.6 (a) The department shall charge a fee for each Dungeness crab vessel permit of two hundred dollars ($200) for a resident of California and four hundred dollars…
- § 8280.7 Notwithstanding Section 8280.1, the owner of a vessel, who has a Dungeness crab vessel permit for that vessel that has not been suspended or revoked, may…
- § 8280.9 Dungeness crab vessel permits are valid only in state waters and in the Pacific Ocean in federal waters south of the border with Oregon.
- § 8281 Crab meat and frozen crab taken during the open season may be possessed, transported, and sold at any time, subject to the regulations of the commission. The…
- § 8282 (a) Subject to this article and Article 1 (commencing with Section 9000) of Chapter 4, and subject to the regulation of the commission authorized under…
- § 8283 Crab traps may be set and baited 64 hours before the opening date of the Dungeness crab season. Crab traps may be set and baited in advance of that opening…
- § 8284 (a) Subject to this article and Article 1 (commencing with Section 9000) of Chapter 4, crab traps, as described in Section 9011, may be used to take Dungeness…
- § 8285 (a) The director may open waters that are otherwise restricted for the commercial take of Dungeness crab or rock crab pursuant to Section 5523 during a time…
ARTICLE 8. Clams and Other Mollusks §§ 8340–8346 · 7 sections
- § 8340 Except as otherwise provided in this article, in Districts 8, 9, and 17, clams may be taken between September 1st and April 30th, and in other districts clams…
- § 8341 All of the species of clams commonly known as littlenecks, chiones and hard-shell cockles, including thin-shelled littleneck, common littleneck, Japanese…
- § 8342 In Districts 11/2, 8, and 9 the bag limit on Washington clams and gapers, sometimes known as bigneck clams, is 25 in the aggregate. In all other districts the…
- § 8343 No northern razor clams (Siliqua patula) may be sold; but if taken outside the State and brought within the State, they may be possessed, transported, and sold…
- § 8344 Mussels (Mytilus californianus) may be taken only in accordance with such regulations as the commission may prescribe.
- § 8345 It is unlawful for any person to sell or purchase any rock scallops (Hinnites multirugosus) or scallops (Pecten circularis), except that scallops cultivated…
- § 8346 It is unlawful for any person to sell or purchase any pismo clams taken in this State.
ARTICLE 9. Salt-water and Anadromous Fish Generally §§ 8370–8403 · 32 sections
- § 8370 (a) Any striped bass, salmon, or sturgeon, if alive, that is taken in any type of net in any district shall be immediately liberated from the net by the…
- § 8371 Striped bass and salmon may be sold or offered for sale only under the following conditions: (a) If the striped bass is taken or possessed by, and is the…
- § 8372 Kelp bass, sand bass, or spotted bass, all of the genus Paralabrax, shall not be sold or purchased, or possessed in any place where fish are purchased,…
- § 8373 No yellowfin croaker, spotfin croaker, or California corbina may be sold or purchased, or possessed in any place where fish are purchased, possessed for sale,…
- § 8374 Yellowfin tuna and bluefin tuna may be taken at any time.
- § 8375 No bluefin tuna weighing less than 71/2 pounds may be sold, purchased, or processed.
- § 8376 Albacore may be taken at any time.
- § 8377 (a) Pacific bonito less than 24 inches fork length or five pounds in weight shall not be taken or possessed on any vessel at any time for any commercial…
- § 8377.5 Pacific bonito shall be measured from the tip of the lower jaw to the center of the fork of the tail fin.
- § 8378 Skipjack may be taken at any time.
- § 8380 (a) Giant seabass (Stereolepis gigas) may not be taken for any purpose, except that not more than one fish per vessel may be possessed or sold if taken…
- § 8381 It is unlawful to take grunion (Leuresthes tenuis) except between June 1st and March 31st.
- § 8382 Barracuda and yellowtail not less than 28 inches in length may be taken with hook and line at any time.
- § 8383.5 It is unlawful to take, possess, sell, or purchase any white sea bass less than 28 inches in length, measured from the tip of the lower jaw to the end of the…
- § 8384 No barracuda or yellowtail less than 28 inches in length may be sold or purchased, except that not more than five barracuda and five yellowtail per day may be…
- § 8385 No person holding a commercial fishing license while on any barge or boat which for hire carries any sport fisherman may take or have in his possession in any…
- § 8386 Barracuda and yellowtail shall be measured from the tip of the lower jaw to the end of the longer lobe of the tail.
- § 8387 From May 1st to August 31st, inclusive, all of the following are unlawful: (a) For any one person to have in his or her possession on any boat, barge, or other…
- § 8388 (a) No female angel shark measuring less than 42 inches in total length or 151/4 inches in alternate length and no male angel shark measuring less than 40…
- § 8388.5 (a) A person shall not take, possess, sell, or purchase for commercial purposes any leopard shark less than 36 inches in total length. (b) Notwithstanding…
- § 8389 (a) Herring eggs may only be taken for commercial purposes under a revocable, nontransferable permit subject to such regulations as the commission shall…
- § 8391 California halibut (Paralichthys californicus) may be taken at any time.
- § 8392 No California halibut may be taken, possessed, or sold that measures less than 22 inches in total length. Total length means the shortest distance between the…
- § 8393 (a) Except where subdivision (b) has been complied with, marlin meat, whether fresh, smoked, canned, or preserved by any means, shall not be bought or sold, or…
- § 8394 Swordfish shall not be taken, possessed aboard a boat, or landed by a person for commercial purposes except under a valid swordfish permit. At least one person…
- § 8394.5 The fee for the permit issued pursuant to Section 8394 is three hundred thirty dollars ($330). This permit fee does not apply to the holder of a valid drift…
- § 8395 (a) Upon the recommendation of the director regarding management measures for surfperch of the family Embiotocidae, the commission may adopt regulations to…
- § 8398 (a) It is unlawful to take fish for commercial purposes in that portion of Tomales Bay in District 10 between a line drawn from the most northern tip of…
- § 8399 North of Point Conception, squid may be taken the year around; however, the commission may adopt regulations specifying the days of the week and the times of…
- § 8399.1 (a) In District 10, it is unlawful to engage in the following activities: (1) Attract squid by a light displayed from any vessel, except a vessel deploying…
- § 8400 (a) California killifish (Fundulus parvipinnis), mudsuckers (Gillichthys mirabilis), and yellowfin gobies (Acanthogobius flavimanus) may only be taken for…
- § 8403 (a) To the extent not in conflict with Section 8607, marine species of fin fish that are classified as groundfish may be taken under the regulations of the…
ARTICLE 9.1. Sea Cucumbers §§ 8405–8405.4 · 5 sections
- § 8405 (a) Sea cucumbers shall not be taken, possessed aboard a boat, or landed by a person for commercial purposes except under a valid sea cucumber permit issued to…
- § 8405.1 (a) Applicants for a sea cucumber permit shall specify by gear type, either trawl or dive, the method in which the applicant intends to take sea cucumbers. The…
- § 8405.2 (a) A valid sea cucumber permit may be transferred by the permittee if the permittee has previously held a valid sea cucumber permit for any four permit years…
- § 8405.3 (a) The commission, upon recommendation of the department or upon its own motion and in consultation with the sea cucumber fishing industry, may adopt…
- § 8405.4 This article shall become inoperative on April 1, 2030, and as of January 1, 2031, is repealed.
ARTICLE 9.5. Pacific Mackerel §§ 8411–8412 · 2 sections
- § 8411 The department shall manage the Pacific mackerel resource in conformance with the federal fishery regulations as recommended by the Pacific Fishery Management…
- § 8412 Pacific mackerel may be taken under a revocable nontransferable permit issued by the department to boat owners or operators under conditions prescribed by the…
ARTICLE 9.7. Market Squid §§ 8420–8429.7 · 7 sections
- § 8420 (a) The Legislature finds and declares that the fishery for market squid (Loligo opalescens) is the state’s largest fishery by volume, generating millions of…
- § 8424 (a) No person shall purchase squid from a vessel or vessels unless that person holds a license issued pursuant to Section 8032 or 8033, employs a certified…
- § 8425 (a) On or before December 31, 2002, the commission, after consideration of the report and recommendations prepared by the department pursuant to subdivision…
- § 8428 Commencing April 1, 2003, and annually thereafter, the fees for a commercial market squid vessel permit and for a commercial squid light boat owner’s permit…
- § 8429 (a) Any statement made to the department, orally or in writing, relating to a permit issued under this article, shall be made under penalty of perjury. (b) The…
- § 8429.5 Notwithstanding any other provision of law, nothing in this article shall prohibit or otherwise limit the authority of the director or the commission under any…
- § 8429.7 Sections 8420.5 to 8423.5, inclusive, and Sections 8426 and 8427 shall become inoperative upon the adoption by the commission of a market squid fishery…
ARTICLE 10. Fresh-water Fish Generally §§ 8430–8438 · 11 sections
- § 8430 Except as otherwise provided in this article, it is unlawful to sell or purchase any species of trout.
- § 8431 Dolly Varden or steelhead trout from without the State may be possessed and sold within the State when they are inspected and tagged in accordance with…
- § 8432 Steelhead trout from without the State may not be sold or possessed in District 11/2 in excess of the daily bag limit on steelhead trout for that district.
- § 8433 Nothing in this article applies to trout grown pursuant to Division 12 (commencing with Section 15000).
- § 8434 It is unlawful to sell or purchase any fresh, canned, or cured fish taken in the Klamath River District or in the waters of the Smith River.
- § 8435 No catfish may be sold, except catfish imported from without the state or catfish grown pursuant to Division 12 (commencing with Section 15000).
- § 8436 Except as provided in Section 8436.5, fish of the family Centrarchidae (Sacramento perch, crappie, black bass, and sunfish) shall not be taken or possessed for…
- § 8436.5 Notwithstanding Section 8436, the commission shall adopt regulations which authorize the importation and sale of dead fish of the family Centrarchidae if the…
- § 8437 The following freshwater fish may be taken for commercial purposes pursuant to regulations adopted by the commission: (a) Threadfin shad (Dorosoma petenense).…
- § 8437.1 The commission may authorize the use of commercial fishing gear and fishing methods to take any fish listed in Section 8437 in those areas of the state…
- § 8438 Notwithstanding Section 200, the commission shall regulate the taking of freshwater clams for commercial purposes.
ARTICLE 11. Fresh-water Fish for Bait §§ 8460–8463 · 4 sections
- § 8460 Any person engaged for profit in the taking, transporting, or selling of live fresh-water fish for bait shall first obtain from the department a live…
- § 8461 The annual license fee for a live freshwater bait fish license is fifty-five dollars ($55) for each person.
- § 8462 A license issued under Section 8460 shall authorize the taking of only golden shiners, fathead minnows and such other species as the department may designate,…
- § 8463 Traps not over 24 inches in greatest length nor more than 12 inches in greatest depth or width, or seines of not over 1/2-inch mesh stretched measure and not…
ARTICLE 12. Crayfish §§ 8490–8492 · 3 sections
- § 8490 The taking of crayfish shall be subject to regulations as prescribed by the commission.
- § 8491 (a) Any allowance for the commercial taking of crayfish in Lake Tahoe or in the Lake Tahoe Basin shall be for the primary purpose of population reduction and…
- § 8492 The department shall take the steps it determines are necessary to prevent overfishing of crayfish in the Sacramento-San Joaquin Delta. Those steps may…
ARTICLE 13. Halibut Trawl Grounds §§ 8494–8497 · 4 sections
- § 8494 (a) Any vessel using bottom trawl gear in state-managed halibut fisheries, as described in subdivision (a) of Section 8841, shall possess a valid California…
- § 8495 (a) The following areas are designated as the California halibut trawl grounds: (1) The ocean waters lying between one and three nautical miles from the…
- § 8496 (a) Unless otherwise specified by the commission pursuant subdivision (b), within the California halibut trawl grounds the following requirements shall apply…
- § 8497 If the director determines that the California halibut resource, or existing fishing operations, within the designated California halibut trawl grounds are in…
ARTICLE 14. Tidal Invertebrates § 8500 · 1 section
- § 8500 Except as otherwise expressly permitted in this chapter, no mollusks, crustaceans, or other invertebrates may be taken, possessed aboard a boat, or landed for…
ARTICLE 14.5. Krill § 8510 · 1 section
- § 8510 It is unlawful to take or land krill of any species of euphausiid for any purpose except scientific research pursuant to regulations adopted by the commission.…
ARTICLE 15. Herring §§ 8550–8559 · 18 sections
- § 8550 Herring may be taken for commercial purposes only under a permit, subject to regulations adopted by the commission. The commission may, whenever necessary to…
- § 8550.5 (a) A herring net permit granting the privilege to take herring with nets for commercial purposes shall be issued to licensed commercial fishermen, subject to…
- § 8552 (a) It is unlawful to take herring for roe on a vessel unless the operator holds a herring permit issued by the department pursuant to commission regulations.…
- § 8552.1 The commission, in consultation with the department and representatives of the commercial roe herring fishery, and after holding at least one public hearing,…
- § 8552.2 Notwithstanding Section 1052, a herring permit may be transferred from a herring permitholder to a nonpermitholder having a minimum of 20 or more herring…
- § 8552.3 The commission may, in consultation with representatives of the commercial herring roe fishery, and after holding at least one public hearing, adopt…
- § 8552.4 Herring permits that are revoked or not renewed may be offered by the department for a drawing to persons having 20 or more experience points in the fishery on…
- § 8552.5 The commission shall revoke any herring permit if the holder of the herring permit was convicted of failing to report herring landings or underreported herring…
- § 8552.6 (a) Notwithstanding Section 8552, a herring permit may be issued to two individuals if one of the following criteria is met: (1) The individuals are married to…
- § 8552.65 (a) Upon the death of a herring permittee, the permit shall vest in the permittee’s estate or in the surviving community estate, and may be transferred by the…
- § 8552.7 The department shall reissue a herring permit which has been transferred pursuant to Section 8552.2 or 8552.6 upon payment of a transfer fee by the transferee…
- § 8552.8 (a) For purposes of this article, the experience points for a person engaged in the herring roe fishery shall be based on the number of years holding a…
- § 8553 The commission may make and enforce such regulations as may be necessary or convenient for carrying out any power, authority, or jurisdiction conferred under…
- § 8554 The commission, in adopting regulations for the commercial herring fishery, shall provide for the temporary substitution of a permittee to take herring, if the…
- § 8555 The director shall periodically meet and confer with representatives of the commercial herring roe fishery to review regulations and policies of the commission…
- § 8556 Notwithstanding any other provision of law, the commission shall determine, by regulation, if drift or set gill nets may be used to take herring for commercial…
- § 8557 Notwithstanding any other provision of law, the commission shall determine if round haul nets may be used to take herring in Districts 12 and 13 and the…
- § 8559 The commission, in determining experience requirements for new entrants into the herring fishery after January 1, 1987, shall require that any person seeking a…
ARTICLE 16. Drift Gill Net Shark and Swordfish Fishery §§ 8561–8583.5 · 22 sections
- § 8561 (a) Notwithstanding Section 8394, shark and swordfish shall not be taken for commercial purposes with drift gill nets except under a valid drift gill net shark…
- § 8561.5 (a) Notwithstanding Section 8102 or any other law, a permit issued pursuant to Section 8561 may not be transferred. (b) This section shall become operative on…
- § 8562 Applications delivered to a department office after April 30, or if mailed, postmarked after April 30, shall not be accepted unless approved by the commission…
- § 8563 (a) Except as provided in subdivision (b), the permittee shall be aboard the vessel and shall be in possession of a valid drift gill net shark and swordfish…
- § 8564 When the permittee applies for a drift gill net shark and swordfish permit, the permittee shall specify the vessel he or she will use in operations authorized…
- § 8567 The fee for a drift gill net shark and swordfish permit shall be three hundred thirty dollars ($330).
- § 8568 Drift gill net shark and swordfish permits shall be issued to any prior permittee who possesses a valid drift gill net shark and swordfish permit issued…
- § 8568.5 Any person holding a valid drift gill net shark and swordfish permit on or after January 1, 2000, who did not make, on or after January 1, 2000, the minimum…
- § 8569 The commission may establish conditions for the issuance of a permit if the person’s drift gill net shark and swordfish permit was revoked during a preceding…
- § 8573 Drift gill nets may be used to take shark and swordfish under the permit provided in this article, subject to Section 8610.3 and all of the following…
- § 8574 (a) Drift gill nets with mesh size less than 14 inches in stretched mesh shall not be used to take shark and swordfish by permittees operating under a drift…
- § 8575 Drift gill nets used to take shark and swordfish under the permit provided in this article shall not be used under the following circumstances: (a) From May 1…
- § 8575.5 Drift gill nets used to take shark and swordfish under the permit provided in this article shall not be used in the following areas: (a) Within 12 nautical…
- § 8576 (a) Drift gill nets shall not be used to take shark or swordfish from February 1 to April 30, inclusive. (b) Drift gill nets shall not be used to take shark or…
- § 8576.5 Thresher shark taken with drift gill nets shall not have the pelvic fin severed from the carcass until after the shark is brought ashore.
- § 8577 Notwithstanding Section 8394, the director may close the drift gill net shark and swordfish fishery, the swordfish harpoon fishery, or any area where either or…
- § 8579 (a) A permittee shall be subject to the provisions of this article whenever the permittee is using a drift gill net, unless the permittee has surrendered his…
- § 8580 It is unlawful for any permittee to sell swordfish taken by him or her to other than the persons described in Section 8032 or 8033.
- § 8581 Any license issued pursuant to Sections 8032 to 8036, inclusive, may be revoked or suspended by the commission, when requested by the department, upon a…
- § 8582 (a) The Legislature finds and declares that the intent of this article is not to permit or encourage the taking of marlin for commercial purposes. (b) It shall…
- § 8583 (a) By March 31, 2020, the department shall establish a program to transition the holders of drift gill net permits issued pursuant to Section 8561 out of the…
- § 8583.5 This article does not create or recognize a property right in fish expected to be caught using a permit issued pursuant to Section 8561.
ARTICLE 17. Nearshore Fisheries Management Act §§ 8585–8589.7 · 9 sections
- § 8585 This article shall be known and may be cited as the Nearshore Fisheries Management Act.
- § 8585.5 The Legislature finds and declares that important commercial and recreational fisheries exist on numerous stocks of rockfish (genus Sebastes), California…
- § 8586 The following definitions govern the construction of this article: (a) “Nearshore fish stocks” means any of the following: rockfish (genus Sebastes) for which…
- § 8586.1 Funding to pay the costs of this article shall be made available from the revenues deposited in the Fish and Game Preservation Fund pursuant to Sections 8587,…
- § 8587 Any person taking, possessing aboard a boat, or landing any species of nearshore fish stock for commercial purposes shall possess a valid nearshore fishery…
- § 8587.1 (a) The commission may adopt regulations as it determines necessary, based on the advice and recommendations of the department, to regulate nearshore fish…
- § 8589 Funding to prepare the plan pursuant to subdivision (d) of Section 7072 and any planning and scoping meetings shall be derived from moneys deposited in the…
- § 8589.5 The commission shall temporarily suspend and may permanently revoke the nearshore fishing permit of any person convicted of a violation of this article. In…
- § 8589.7 (a) Fees received by the department pursuant to Section 8587 shall be deposited in the Fish and Game Preservation Fund to be used by the department to prepare,…
ARTICLE 18. Prawns and Shrimp §§ 8590–8595 · 5 sections
- § 8590 For the purposes of this article, “prawns” or “shrimp”, or both, include all of the following species: (a) Spot prawn (Pandalus platyceros). (b) Ridgeback…
- § 8591 Prawns or shrimp may be taken for commercial purposes under the regulations of the commission.
- § 8593 Except as provided in this article, prawns or shrimp may be taken in any waters of the state.
- § 8594 From Point Conception south to the Mexican border, prawns or shrimp may be taken with prawn or shrimp traps only in waters 50 fathoms or greater in depth.
- § 8595 (a) Prawns or shrimp may be taken for commercial purposes with a trawl net, subject to Article 10 (commencing with Section 8830) of Chapter 3, or in either a…
ARTICLE 19. Marine Aquaria Pets §§ 8596–8598.6 · 7 sections
- § 8596 The following definitions govern the construction of this article: (a) “Marine aquaria pet trade” means any activities connected with collecting, holding,…
- § 8597 (a) It is unlawful for any person to take, possess aboard a boat, or land for marine aquaria pet trade purposes any live organisms identified in subdivision…
- § 8598 (a) Notwithstanding Section 8140 or subdivision (b) of Section 8597, specimens of the following groups or species shall not be taken, possessed aboard a boat,…
- § 8598.2 (a) Marine organisms identified in subdivision (a) of Section 8597 shall not be taken except by the following methods: (1) Hook and line. (2) Drop net. (3) Dip…
- § 8598.3 (a) The fee for a marine aquaria collector’s permit shall be three hundred thirty dollars ($330). (b) A person engaged in taking, possessing, or landing marine…
- § 8598.4 Notwithstanding any other provision of this code, the director may close any portion of the fishery established under this article or any area in which this…
- § 8598.6 Notwithstanding Section 12000, a violation of this article or any regulation adopted thereunder is punishable by a fine of not less than two thousand dollars…
ARTICLE 20. White Sharks and Basking Sharks §§ 8599–8599.4 · 3 sections
- § 8599 (a) It is unlawful to take any white shark (Carcharodon carcharias) for commercial purposes, except under permits issued pursuant to Section 1002 for…
- § 8599.3 The department shall cooperate, to the extent that it determines feasible, with appropriate scientific institutions to facilitate data collection on white…
- § 8599.4 The commission may adopt regulations to manage basking sharks. A basking shark may not be taken commercially unless the commission adopts regulations for that…
CHAPTER 3. Nets §§ 8601–8890 · 104 sections
ARTICLE 1. Generally §§ 8601–8609 · 10 sections
- § 8601 Any net or line used to take fish that is anchored to the bottom on each end and is not free to drift with the tide or current is a set net or set line. Any…
- § 8601.5 (a) Set nets and set lines shall be marked at both ends with buoys displaying above their waterlines, in numerals at least 2 inches high, the fisherman’s…
- § 8601.6 (a) The footrope (leadline) of any set net shall have a breaking strength of at least 50 pounds less than the combined breaking strength of the headrope and…
- § 8602 The length of the meshes of any net shall be determined by taking at least four meshes and measuring them inside the knots or, in the case of knotless nets,…
- § 8603 It is unlawful to use or operate or assist in using or operating any net, trap, line, spear, or appliance, other than in connection with angling, in taking…
- § 8604 It is unlawful willfully to disturb or injure any net, trap, or other apparatus to take fish which is being legally used in the waters of this state. This…
- § 8605 The department or any person authorized by it may use any net or other appliance in any district for the purpose of recovering fish from overflowed areas or…
- § 8607 It is unlawful for any person possessing or operating any type of net, trap, or line that is subject to federal groundfish regulations adopted pursuant to the…
- § 8608 Notwithstanding Sections 8660, 8665, 8724, and 8780, the commission may, after a public hearing, when it determines that it is in the best interests of the…
- § 8609 The Legislature finds and declares that: (a) The central California nearshore gill and trammel net fisheries for California halibut (Paralichthys californicus)…
ARTICLE 1.4. Marine Resources Protection Act of 1990 §§ 8610.1–8610.16 · 12 sections
- § 8610.1 The Marine Resources Protection Act of 1990 (Art. XB, Cal. Const.) was adopted as an initiative constitutional amendment at the November 6, 1990, general…
- § 8610.2 (a) “District” for the purposes of this article and of Article XB of the California Constitution means a fish and game district as defined in this code on…
- § 8610.3 (a) From January 1, 1991, to December 31, 1993, inclusive, gill nets or trammel nets may only be used in the zone pursuant to a nontransferable permit issued…
- § 8610.4 (a) Notwithstanding any other provision of law, gill nets and trammel nets may not be used to take any species of rockfish. (b) In ocean waters north of Point…
- § 8610.5 The department shall issue a permit to use a gill net or trammel net in the zone for the period specified in subdivision (a) of Section 8610.3 to any applicant…
- § 8610.6 The department shall charge the following fees for permits issued pursuant to Section 8610.5 pursuant to the following schedule: Calendar Year Fee 1991 $ 250…
- § 8610.11 It is unlawful for any person to take, possess, receive, transport, purchase, sell, barter, or process any fish obtained in violation of this article.
- § 8610.12 To increase the state’s scientific and biological information on the ocean fisheries of this state, the department shall establish a program whereby it can…
- § 8610.13 The penalty for a violation of Section 8610.3 or 8610.4 is as specified in Section 12003.5.
- § 8610.14 (a) Prior to January 1, 1994, the commission shall establish four new ecological reserves in ocean waters along the mainland coast. Each ecological reserve…
- § 8610.15 This article does not preempt or supersede any other closures to protect any other wildlife, including sea otters, whales, and shorebirds.
- § 8610.16 If any provision of this article or the application thereof to any person or circumstances is held invalid, that invalidity shall not affect other provisions…
ARTICLE 2. Nets for Particular Varieties of Fish §§ 8623–8626 · 3 sections
- § 8623 (a) It is unlawful to use any purse seine or round haul net to take yellowtail, barracuda, or white sea bass. (b) It is unlawful to possess any yellowtail,…
- § 8625 (a) Except as otherwise provided in this code, set gill nets and trammel nets with mesh size of not less than 81/2 inches may be used to take California…
- § 8626 (a) Notwithstanding Section 8625, and where consistent with the determination made pursuant to subdivisions (b) and (c), the director may reduce the minimum…
ARTICLE 3. Seizure §§ 8630–8635 · 6 sections
- § 8630 Any net or trap used for taking fish in violation of the provisions of this code is a public nuisance. It is the duty of every person authorized to make an…
- § 8631 In lieu of a physical seizure pursuant to this article, any person authorized to make an arrest for a violation of any provision of this code, may attach to…
- § 8632 Within three days after the department has been notified in writing that a vessel carrying a seized net has arrived in port, the department may remove the net…
- § 8633 When any net is seized pursuant to this article, the owner or any other person otherwise entitled to possession of the net may apply to the superior court of…
- § 8634 When any net is seized pursuant to this article and the owner or any other person otherwise entitled to possession of the net has filed a bond and regained…
- § 8635 (a) Notwithstanding Section 8633, any net or trap seized pursuant to Section 8630 as illegal because of its size, manner of construction, materials used in its…
ARTICLE 4. Nets Generally in Particular Districts §§ 8660–8670 · 15 sections
- § 8660 Nothing in this chapter authorizing the use of nets in District 19 or 19A shall authorize the use of any net within 750 feet of any pier, wharf, jetty, or…
- § 8661 Vessels may carry nets across Districts 19A and 20 to open water outside those districts. Vessels carrying nets may enter harbors in Districts 19A and 20 only…
- § 8663 No gill net, trammel net, or fyke net may be possessed on any boat in the waters of any district lying upstream from a line drawn between Antioch Point and the…
- § 8664 Except in Districts 6 and 7, any net found in, or within 500 feet of the Klamath, Smith, Eel, Mad, Van Dusen, or Mattole Rivers, or their tributaries, is prima…
- § 8664.5 (a) Notwithstanding Sections 8693 and 8724, gill nets and trammel nets shall not be used in those portions of District 17 between a line extending 220°…
- § 8664.67 “Impacted fisherman” for purposes of Sections 8664.5 and 8664.65, means any person who, from January 1, 1986, to December 31, 1990, inclusive, landed a minimum…
- § 8664.7 The initial period of effectiveness of an order issued pursuant to subdivision (c) of Section 8664.5 shall not exceed 120 days. After a further public hearing,…
- § 8664.8 (a) Notwithstanding Sections 8685, 8687, 8696, and 8724, and except as provided in subdivisions (c) and (d), set or drift gill or trammel nets shall not be…
- § 8664.13 During the period from December 15 to May 15, inclusive, set gill nets and trammel nets with mesh eight inches or greater and less than 12 inches used in ocean…
- § 8665 In District 118.5, nets may not be used within 750 feet of any pier or dock, except for bait nets described in Section 8780 used to capture live bait and…
- § 8666 The department may issue a revocable permit to take with set gill nets or seines, mullet or carp in the waters of the Salton Sea and in those portions of the…
- § 8667 No fish other than mullet or carp, and no mullet less than 14 inches in length may be taken or possessed by a licensed commercial fisherman while fishing in…
- § 8668 No commercial fishing under Section 8666, 8667, or 8669 shall be carried on within the boundaries of any state or federal game refuge.
- § 8669 It is unlawful to possess gill nets, seines, or other devices capable of being used to take mullet or carp for commercial purposes, within 500 yards of the…
- § 8670 It is unlawful for any person to use, operate, or assist in using or operating any net to take salmon, steelhead, striped bass, sturgeon, or shad for…
ARTICLE 5. Gill and Trammel Nets §§ 8680–8700 · 21 sections
- § 8680 (a) The Legislature finds and declares that it is in the best interest of the people of the state, the commercial fishing industry, and California’s marine…
- § 8681 (a) Gill nets or trammel nets shall not be used for commercial purposes except under a revocable, nontransferable permit issued by the department. Each…
- § 8681.5 (a) Except as provided in subdivision (b), the department shall not issue or renew a gill net or trammel net permit under Section 8681. (b) The department may…
- § 8681.7 (a) Notwithstanding Section 8681.5, any person who possessed a valid permit issued pursuant to Section 8681 and who was denied renewal of that permit, may…
- § 8682 (a) The commission shall establish regulations for the issuance of gill net and trammel net permits as necessary to establish an orderly gill net and trammel…
- § 8683 The fee for a permit issued pursuant to Section 8681 is three hundred thirty dollars ($330).
- § 8684 No incidental catch of swordfish or marlin is authorized by this article. Any swordfish or marlin caught incidentally by a gill or trammel net permittee…
- § 8685 In Districts 1, 2, and 3, gill nets may not be possessed on any boat.
- § 8685.5 Notwithstanding any other provision of law, gill nets may not be used to take salmon, steelhead, or striped bass.
- § 8685.6 It is unlawful to sell or possess for sale any salmon, steelhead, or striped bass which were taken in California waters by the use of a gill net.
- § 8685.7 It is unlawful for any person to knowingly purchase any salmon, steelhead, or striped bass which were taken in California waters by the use of a gill net. For…
- § 8686 In Districts 11/2, 21/2, and in the Trinity and Klamath River District, it is unlawful to possess any gill or trammel net with meshes over 13/4 inches in…
- § 8687 Except as otherwise provided in this code, drift gill nets may be used in Districts 6, 7, 8, 9, and 10.
- § 8688 In Districts 11, 12, and 13, gill nets may be used to take only herring, subject to Article 15 (commencing with Section 8550) of Chapter 2. No gill net may be…
- § 8691 Set gill nets and trammel nets with mesh smaller than 41/8 inches shall not be used or possessed on any boat taking rockfish or lingcod in ocean waters between…
- § 8692 Notwithstanding Section 8693, it is unlawful to use gill nets to take rockfish or lingcod in the following waters: (a) Between a line running 240° magnetic…
- § 8692.5 (a) Not more than 1,250 fathoms (7,500 feet) of gill net or trammel net shall be fished in combination each day from any vessel for lingcod in ocean waters.…
- § 8693 (a) Except as otherwise provided in this code, drift gill nets and set gill nets may be used in Districts 17, 18, 19, and 20A, except for the taking of salmon.…
- § 8694 In District 19A, gill nets may not be used, nor may they be possessed on any boat.
- § 8696 Except as otherwise provided, set gill nets may be used south of a line extending 245° magnetic from the western point of the Point Reyes headlands in Marin…
- § 8700 Any line used on a gill net which shall tend to cause the webbing of such gill net to bag or hang slack shall cause such net to lose its identity as a gill net…
ARTICLE 6. Trammel Nets §§ 8720–8725 · 4 sections
- § 8720 “Trammel net” includes entangling nets constructed of more than one wall of webbing.
- § 8721 In Districts 1, 2, and 3, trammel nets may not be possessed on any boat.
- § 8724 (a) Except as otherwise provided, in Districts 10, 17, 18, and 19, drift and set trammel nets may be used if the meshes are at least 81/2 inches in length,…
- § 8725 In District 19A, trammel nets may not be used, nor may they be possessed on any boat.
ARTICLE 7. Round Haul Nets §§ 8750–8757 · 7 sections
- § 8750 As used in this article, “round haul nets” are circle seines, and include purse seines and ring or half ring, and lampara nets.
- § 8751 In Districts 1, 2, and 3, round haul nets may not be possessed on any boat, except in that part of District 3 lying within the boundaries of the Moss Landing…
- § 8752 In Districts 6, 7, 8, 9, 10, and 11, round haul nets may be used.
- § 8754 (a) In Districts 16, 17, 18, and 19, round haul nets may be used, except that purse seines or ring nets may not be used in that portion of District 19 lying…
- § 8755 (a) In Districts 20A and 21, round haul nets may be used. (b) In District 20, round haul nets may be used, except (1) from sunrise Saturday to sunset Sunday,…
- § 8756 Salmon, steelhead, striped bass, or shad may not be taken with round haul nets.
- § 8757 Notwithstanding Section 8661, and in addition to Sections 8754, 8755, and 8780, round haul nets may be used to take fish in those portions of Districts 19 and…
ARTICLE 8. Bait Nets §§ 8780–8780.1 · 2 sections
ARTICLE 9. Beach Nets §§ 8800–8807 · 8 sections
- § 8800 As used in this chapter, a “beach net” is any net hauled from the water to the beach or shore, and includes beach seines and haul seines.
- § 8801 In Districts 1, 2, and 3, beach nets may not be possessed on any boat.
- § 8802 In Districts 8 and 9, beach nets may be used.
- § 8803 In District 10, beach nets may be used, the meshes of which are at least 11/2 inches in length. In that portion of District 10 lying south of Pt. Lobos, beach…
- § 8804 In District 11, beach nets may be used.
- § 8805 In Districts 12 and 13, beach nets may not be possessed on any boat.
- § 8806 In District 18, beach nets may not be used.
- § 8807 In District 19, beach nets, the meshes of which are at least 11/2 inches in length, may be used to take smelt between September 1st and January 31st.
ARTICLE 10. Trawl Nets §§ 8830–8843 · 14 sections
- § 8830 “Trawl net” means a cone or funnel-shaped net which is towed or drawn through the water by a fishing vessel and includes any gear appurtenant to the net.…
- § 8831 It is unlawful for any person to use any trawl net with meshes which are less than 41/2 inches in length except as provided in this article or as provided by…
- § 8832 Trawl nets and Chinese shrimp nets may be used in marine and brackish waters inside of the Golden Gate Bridge to take shrimp, oriental gobies, longjaw…
- § 8833 (a) In Districts 4, 19, 19A, 20, 20A, and 21, trawl nets or dragnets may not be possessed. (b) Notwithstanding the provisions of subdivision (a) of this…
- § 8834 It is unlawful to take or possess more than 500 pounds of crabs on any boat on which any type of trawl or drag net is carried or operated.
- § 8834.1 It is unlawful for any person to possess salmon on board, or to land salmon from, a vessel on which exists any type of trawl net, except that salmon taken…
- § 8834.5 South of a line extending due west, true, from Point Reyes, it is unlawful for any person on a vessel on which any type of trawl or drag net is carried or…
- § 8835 In Districts 6, 7, and 10, trawl nets may be used in waters not less than three nautical miles from the nearest point of land on the mainland shore.
- § 8836 In Districts 17, 18, and 118.5, trawl nets may be used in waters not less than three nautical miles from the nearest point of land on the mainland shore,…
- § 8837 It is unlawful to use or possess any trawl net that includes any bag or cod-end or modification thereof, other than a bag or cod-end of a single layer of…
- § 8840 Chafing gear may be used or possessed but shall not be connected directly to the terminal, or closed, end of the cod-end. Except for chafing gear prescribed…
- § 8841 (a) The commission is hereby granted authority over all state-managed bottom trawl fisheries not managed under a federal fishery management plan pursuant to…
- § 8842 (a) Trawl nets of a design prescribed by the commission may be used or possessed to take shrimps or prawns under a permit issued by the department under…
- § 8843 It is unlawful to use any trawl net with cod-end mesh less than 71/2 inches in length and with a cod end less than 29 meshes long and a circumference of not…
ARTICLE 11. Dip Nets § 8870 · 1 section
- § 8870 Dip nets may be used subject to the following restrictions: (a) In Districts 1, 11/2, 2, 3, and 4, dip nets may not be baited, and may not measure more than…
ARTICLE 12. Other Nets § 8890 · 1 section
- § 8890 Baited hoop nets not to exceed three feet in diameter may be used at any time in that portion of District 18 lying south of a line running east and west…
CHAPTER 4. Other Means of Taking §§ 9000–9056 · 38 sections
ARTICLE 1. Traps §§ 9000–9024 · 22 sections
- § 9000 (a) Except as expressly authorized in this article, no person shall use a trap to take any finfish, mollusk, or crustacean in the waters of this state for…
- § 9000.5 For the purposes of this article, the following terms have the following meanings: (a) “Bucket trap” means a plastic bucket of five gallons or less in…
- § 9001 (a) Finfish, mollusks, or crustaceans shall not be taken by a person with traps for commercial purposes in ocean waters except under a valid general trap…
- § 9001.6 Hagfish may be taken under a general trap permit, if all of the following criteria are met: (a) Korean traps and bucket traps may be used to take only hagfish…
- § 9001.7 Finfish, other than sablefish and hagfish, may be taken under a general trap permit if all of the following criteria are also met: (a) Every person aboard the…
- § 9001.8 Sablefish may be taken under a general trap permit in ocean waters between a line extending due west true from Point Arguello in Santa Barbara County and the…
- § 9002 (a) Except as provided in subdivisions (b), (c), and (d), it is unlawful to willfully or recklessly disturb, move, or damage any trap that belongs to another…
- § 9002.5 (a) Notwithstanding Section 9002, the department, in consultation with the Dungeness crab task force, shall establish a retrieval program to provide for the…
- § 9003 Every trap shall have at least one destruction device which meets specifications approved by the department. In order to minimize the adverse effects on living…
- § 9004 Every trap shall be raised, cleaned, serviced, and emptied at intervals, not to exceed 96 hours, weather conditions at sea permitting, and no trap shall be…
- § 9005 Every trap or string of traps shall be marked with a buoy. The department shall implement regulations by January 1, 2020, requiring standardized gear marking…
- § 9006 Every trap used to take finfish or crustaceans shall be marked with a buoy. Each buoy shall be marked to identify the operator as follows: (a) For a trap used…
- § 9007 Any trap used without a buoy, or with a buoy which is not marked pursuant to Section 9006, is a public nuisance and shall be removed from the waters of this…
- § 9008 Any trap used in violation of this code, or any regulations adopted pursuant thereto, is a public nuisance and, except as provided in Section 9007, shall be…
- § 9010 (a) Subject to Article 5 (commencing with Section 8250) of Chapter 2, spiny lobster may be taken with lobster traps under a lobster permit issued pursuant to…
- § 9011 (a) (1) Subject to Article 6 (commencing with Section 8275) of Chapter 2, Dungeness crab, as defined in Section 8275, may be taken with Dungeness crab traps.…
- § 9012 (a) No vessel may be used to take and land crab for both commercial and sport purposes in the same day. (b) In Districts 6, 7, 8, and 9, no trap shall be used…
- § 9015 (a) Subject to Article 18 (commencing with Section 8590) of Chapter 2, prawns or shrimp, as defined in Section 8590, may be taken with prawn traps or shrimp…
- § 9020 (a) Subject to Section 8400, California killifish (Fundulus parvipinnis), mudsuckers (Gillichthys mirabilis), yellowfin gobies (Acanthogobius flavimanus),…
- § 9022 (a) Notwithstanding Section 9000, traps used to take fin fish may not be used in Districts 10, 11, and 12, except for bait fish traps as provided for in…
- § 9023 (a) Traps may be used throughout the year to take carp in any district under the restrictions set forth in subdivision (b). (b) Traps shall not exceed six feet…
- § 9024 Crayfish traps may be used at any time in any district to take crayfish only. Traps shall not exceed three feet in greatest dimension. Any other species taken…
ARTICLE 2. Fishing Lines §§ 9025.1–9029.5 · 8 sections
- § 9025.1 The Legislature finds and declares that it is in the best interest of the people of the state and California’s marine resources and fisheries that the use of…
- § 9025.5 (a) Troll lines or handlines having not more than two hooks (plugs excepted) may be used in any district, and troll lines with more than two hooks may be used…
- § 9026 Set lines may be used in Districts 6, 7, 10, 17, 18, and 19. It is unlawful to use set lines with hooks more than 100 feet above the anchor or ocean bottom.
- § 9027 (a) (1) Notwithstanding Section 9026, 9028, or 9029, in the area described in subdivision (b), it is unlawful to use more than 150 hooks on a vessel to take a…
- § 9027.5 (a) (1) Notwithstanding Section 9026, 9028, or 9029 in the area described in subdivision (b), it is unlawful to use more than 150 hooks on a vessel to take…
- § 9028 Notwithstanding Sections 8603 and 9025.5, it is unlawful to use fishing lines, including, but not limited to, troll lines and handlines more than 900 feet in…
- § 9029 (a) Notwithstanding Section 9028, a fishing line which is anchored to the ocean bottom at one end and attached at the surface to a fishing vessel or a buoy may…
- § 9029.5 Notwithstanding Sections 9025.5, 9026, and 9029, it is unlawful to use set lines, vertical fishing lines, or troll lines to take fish for commercial purposes…
ARTICLE 3. Other Appliances §§ 9050–9056 · 8 sections
- § 9050 A spade, shovel, hoe, rake, or other appliance operated by hand may be used to take mollusks, sand crabs, and shrimps in Districts 1, 11/2, 2, 21/2, 3, 31/2,…
- § 9051 (a) Spears, harpoons, and bows and arrows may be used for taking all varieties of skates, rays, and sharks, except soupfin sharks. (b) This section shall…
- § 9052 Slurp guns may be used to take fish for commercial purposes in fish and game districts 6, 7, 10, 17, 18, 19, 20, and 20A.
- § 9053 (a) Powered equipment of such design as may be prescribed by the commission may be used to take crustaceans and mollusks under a revocable permit issued by the…
- § 9054 Sea urchins shall not be taken for commercial purposes except under a valid sea urchin diving permit issued to that person that has not been suspended or…
- § 9054.5 The commission shall adopt regulations related to commercial sea urchin diving permits, and the vessels used to commercially fish for sea urchin, in order to…
- § 9055 (a) The base fee for a sea urchin permit authorized pursuant to Section 9054 is five hundred ninety-eight dollars and fifty cents ($598.50). (b) Upon…
- § 9056 The department shall adopt regulations regarding the marking and color coding of lines used in state managed fisheries.
CHAPTER 5. Fuel Conservation Assistance Program §§ 9100–9101 · 2 sections
- § 9100 The California Energy Extension Service of the Office of Planning and Research shall implement a revolving loan fund program to assist low-income fishing fleet…
- § 9101 Commencing January 1, 1994, and thereafter biennially, the California Energy Extension Service of the Office of Planning and Research shall report to the…