CHAPTER 1. Generally
Chapter 1 enacted by Stats. 1957, Ch. 456.
§§ 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…