ARTICLE 7.5. Landing Fees

Heading of Article 7.5 amended by Stats. 2017, Ch. 26, Sec. 11.

§§ 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…