reglab/statecodes huggingface dataset:
2023 California Code › Fish and Game Code - FGC › DIVISION 6 - FISH › PART 3 - COMMERCIAL FISHING › CHAPTER 2 - Particular Varieties of Fish › ARTICLE 4 - Salmon › Section 8215.

8215. Silver salmon may not be sold or possessed in, or transported through, District 6, 7, 10, 11, 16, 17, or 18, during the time when the taking of silver salmon for commercial purposes is unlawful in those districts.
(Amended by Stats. 1988, Ch. 1009, Sec. 2.)
2023 California Code › Fish and Game Code - FGC › DIVISION 6 - FISH › PART 3 - COMMERCIAL FISHING › CHAPTER 2 - Particular Varieties of Fish › ARTICLE 4 - Salmon › Section 8218.

8218. It is unlawful to gaff, club, otherwise injure, or possess any king or silver salmon under the legal size.
(Amended by Stats. 1965, Ch. 189.)
2023 California Code › Fish and Game Code - FGC › DIVISION 6 - FISH › PART 3 - COMMERCIAL FISHING › CHAPTER 2 - Particular Varieties of Fish › ARTICLE 4 - Salmon › Section 8219.

8219. Salmon may not be taken for commercial purposes in District 6 at the mouths of the Smith and Klamath Rivers within three nautical miles north and south of a line drawn due west for three nautical miles from the center of the mouth of each of those streams, or during the months of August and September in District 7 at the mouth of the Eel River within two nautical miles north and south of a line drawn due west for two nautical miles from the center of the mouth of that stream.
(Enacted by Stats. 1957, Ch. 456.)
2023 California Code › Fish and Game Code - FGC › DIVISION 6 - FISH › PART 3 - COMMERCIAL FISHING › CHAPTER 2 - Particular Varieties of Fish › ARTICLE 4 - Salmon › Section 8226.

8226. (a) Notwithstanding any measurement requirements under this code, and to implement the department’s salmon tagging program, any person in possession of a salmon with a missing adipose fin, the small, fleshy fin on the back of the fish between the back fin and the tail, upon request by an authorized agent or employee of the department, shall immediately relinquish the head of the salmon to the state, at no charge, for recovery of any coded-wire tag. The head may be removed by the fish owner or, if removed by the official department representative, the head shall be removed in a manner to minimize loss of salmon flesh and the salmon shall immediately be returned to the rightful owner.
(b) It is unlawful to intentionally conceal, cull, or release into the waters, a salmon with a missing adipose fin that it is otherwise legal to possess.
(Amended by Stats. 1999, Ch. 502, Sec. 2. Effective September 27, 1999.)
2023 California Code › Fish and Game Code - FGC › DIVISION 6 - FISH › PART 3 - COMMERCIAL FISHING › CHAPTER 2 - Particular Varieties of Fish › ARTICLE 4.5 - Commercial Salmon Vessel Permits › Section 8231.

8231. The following definitions govern the construction of this article:
(a) “Agent” means the person designated in writing by the owner as the owner’s representative.
(b) “Change of ownership” means the transfer of ownership of a permitted vessel to a new owner.
(c) “Commercial salmon vessel permit” means an annual permit issued by the department to an owner of a commercial fishing vessel for use of that vessel to take salmon for commercial purposes and shall not be considered personal property.
(d) “Fishing potential” means the capability and capacity for harvesting salmon of a particular commercial fishing vessel.
(e) “Permit” means a commercial salmon vessel permit as defined in subdivision (c).
(f) “Permitted vessel” means a commercial fishing vessel for which a permit is currently valid.
(g) “Replacement vessel” means a commercial fishing vessel for the use of which a permit is proposed to be transferred pursuant to this article.
(h) “Transfer” means the issuance of a permit for use of a replacement vessel.
(Amended by Stats. 2019, Ch. 472, Sec. 2. (SB 262) Effective January 1, 2020.)
2023 California Code › Fish and Game Code - FGC › DIVISION 6 - FISH › PART 3 - COMMERCIAL FISHING › CHAPTER 2 - Particular Varieties of Fish › ARTICLE 4.5 - Commercial Salmon Vessel Permits › Section 8232.

8232. It is unlawful to take or possess salmon for commercial purposes on a vessel unless all of the following conditions are met:
(a) The vessel is registered with the department pursuant to Section 7881, and the owner of the vessel has a valid commercial salmon vessel permit for the use of that vessel.
(b) The permit for the use of the vessel is affixed to the vessel adjacent to the department registration number unless otherwise authorized by the department.
(c) The permit affixed to the vessel is visible at all times.
(Amended by Stats. 1994, Ch. 849, Sec. 35. Effective January 1, 1995.)
2023 California Code › Fish and Game Code - FGC › DIVISION 6 - FISH › PART 3 - COMMERCIAL FISHING › CHAPTER 2 - Particular Varieties of Fish › ARTICLE 4.5 - Commercial Salmon Vessel Permits › Section 8232.5.

8232.5. (a) Except as provided in this section, it is unlawful to take salmon for sport purposes on a permitted vessel.
(b) Subdivision (a) does not prohibit taking salmon for sport purposes under a sportfishing or a sport ocean fishing license, which is issued pursuant to Article 3 (commencing with Section 7145) of Chapter 1, on a vessel licensed as a commercial passenger fishing boat pursuant to Section 7920 and engaged in that business on any day when salmon are not being taken for commercial purposes on that vessel.
(c) Subdivision (a) does not prohibit taking salmon for sport purposes under a sportfishing or a sport ocean fishing license, which is issued pursuant to Article 3 (commencing with Section 7145) of Chapter 1, on a permitted vessel in the Klamath Management Zone, as designated by the federal Pacific Fisheries Management Council, when the commercial salmon season is closed and after 24 hours after the time when salmon taken during the commercial salmon season are required to be landed.
(d) The use of a vessel pursuant to subdivision (c) shall be considered as being engaged or employed exclusively in the taking and possession of fish or other living resource of the sea for commercial purposes for purposes of subdivision (a) of Section 227 of the Revenue and Taxation Code.
(Amended by Stats. 1990, Ch. 1633, Sec. 2.)
2023 California Code › Fish and Game Code - FGC › DIVISION 6 - FISH › PART 3 - COMMERCIAL FISHING › CHAPTER 2 - Particular Varieties of Fish › ARTICLE 4.5 - Commercial Salmon Vessel Permits › Section 8233.

8233. Except as otherwise provided in this article, a permit shall be renewed prior to expiration. Each permit issued by the department shall display the expiration date on the face of the permit.
(Amended by Stats. 1996, Ch. 870, Sec. 20. Effective January 1, 1997.)
2023 California Code › Fish and Game Code - FGC › DIVISION 6 - FISH › PART 3 - COMMERCIAL FISHING › CHAPTER 2 - Particular Varieties of Fish › ARTICLE 4.5 - Commercial Salmon Vessel Permits › Section 8233.3.

8233.3. Except as otherwise provided in this article, the department shall issue a permit, upon application and payment of the renewal fees pursuant to Section 8235, that is valid for the subsequent permit year, to the owner of a permitted vessel that is registered with the department pursuant to Section 7881.
(Amended by Stats. 1994, Ch. 849, Sec. 36. Effective January 1, 1995.)
2023 California Code › Fish and Game Code - FGC › DIVISION 6 - FISH › PART 3 - COMMERCIAL FISHING › CHAPTER 2 - Particular Varieties of Fish › ARTICLE 4.5 - Commercial Salmon Vessel Permits › Section 8233.4.

8233.4. Except as otherwise provided in this article, the department shall issue a permit, upon payment of the transfer fees pursuant to subdivision (a) of Section 8239 and surrender to the department of the permit for the use of the permitted vessel, to the owner of a replacement vessel that is registered with the department pursuant to Section 7881, if the transfer has been approved pursuant to Section 8241.
(Amended by Stats. 1994, Ch. 849, Sec. 37. Effective January 1, 1995.)
2023 California Code › Fish and Game Code - FGC › DIVISION 6 - FISH › PART 3 - COMMERCIAL FISHING › CHAPTER 2 - Particular Varieties of Fish › ARTICLE 4.5 - Commercial Salmon Vessel Permits › Section 8233.5.

8233.5. (a) Except as otherwise provided in this article, the department shall change the designation of the holder of a permit to the new owner of a permitted vessel upon receipt of a notice of change of ownership of the permitted vessel, whether the change of ownership is by contract, by operation of law, or otherwise.
(b) The permit shall not be transferred to any other vessel, except by the issuance of a permit for use of the replacement vessel pursuant to subdivision (c) and Sections 8239 to 8241, inclusive.
(c) The owner of the permitted vessel may seek to retire the permitted vessel from the commercial salmon fishery and apply for transfer of the permit, to be issued pursuant to Section 8241, for use of a replacement vessel.
(d) A permit changed pursuant to this section is valid for the permit year during which it is issued.
(e) Upon change of the designation of the holder of the permit, all rights, privileges, and obligations of a permit holder, including rights of renewal, are transferred to the new owner of a permitted vessel.
(Amended by Stats. 2023, Ch. 132, Sec. 151. (AB 1760) Effective January 1, 2024.)
2023 California Code › Fish and Game Code - FGC › DIVISION 6 - FISH › PART 3 - COMMERCIAL FISHING › CHAPTER 2 - Particular Varieties of Fish › ARTICLE 4.5 - Commercial Salmon Vessel Permits › Section 8233.8.

8233.8. Except as otherwise provided in this article, the department shall issue a permit to the owner of a commercial salmon fishing vessel that is registered with the department pursuant to Section 7881 for the new entry of that vessel into the commercial salmon fishery if that owner is authorized to be issued a permit for the use of that new entry vessel pursuant to subdivision (b) of Section 8245.
(Amended by Stats. 1994, Ch. 849, Sec. 38. Effective January 1, 1995.)
2023 California Code › Fish and Game Code - FGC › DIVISION 6 - FISH › PART 3 - COMMERCIAL FISHING › CHAPTER 2 - Particular Varieties of Fish › ARTICLE 4.5 - Commercial Salmon Vessel Permits › Section 8233.9.

8233.9. Section 8101 does not apply to this article.
(Added by Stats. 1988, Ch. 1164, Sec. 2.)
2023 California Code › Fish and Game Code - FGC › DIVISION 6 - FISH › PART 3 - COMMERCIAL FISHING › CHAPTER 2 - Particular Varieties of Fish › ARTICLE 4.5 - Commercial Salmon Vessel Permits › Section 8234.

8234. (a) The department shall not issue a permit under this article unless one of the following first occurs:
(1) The applicant presents to the department a commercial fishing salmon stamp issued to the owner or an agent of the owner. No commercial fishing salmon stamp shall be presented or accepted by the department to authorize issuance of a permit under this section for more than one vessel.
(2) The applicant obtains a commercial fishing salmon stamp and pays the fees for the stamp.
(3) On or before April 1 of the current license year, the owner is 70 years of age.
(b) The first commercial fishing salmon stamp issued to an owner, or to that owner’s agent, shall be affixed to the commercial fishing license of that owner or agent. Any additional commercial fishing salmon stamps issued to the owner or the owner’s agent pursuant to paragraph (1) of subdivision (a) for purposes of obtaining permits for use of additional commercial salmon fishing vessels shall be affixed to each additional vessel’s registration issued pursuant to Section 7881.
(Amended by Stats. 1994, Ch. 849, Sec. 39. Effective January 1, 1995.)
2023 California Code › Fish and Game Code - FGC › DIVISION 6 - FISH › PART 3 - COMMERCIAL FISHING › CHAPTER 2 - Particular Varieties of Fish › ARTICLE 4.5 - Commercial Salmon Vessel Permits › Section 8235.

8235. (a) The owner of a permitted vessel, or that owner’s agent, may apply for renewal of the permit annually on or before April 30, upon payment of the fees established under subdivision (b), without penalty. Upon receipt of the application and fees, the department shall issue the permit for use of the permitted vessel in the subsequent permit year only to the owner of the permitted vessel.
(b) The department shall fix the annual fee for the renewal of the permit in an amount it determines to be necessary to pay the reasonable costs of implementing and administering this article.
(c) If an owner to whom a permit has been issued, or that owner’s agent, applies for renewal of the permit, the application for renewal shall be received or, if mailed, postmarked, on or before April 30. An application received or, if mailed, postmarked, after April 30 shall be assessed a late fee subject to Section 7852.2. The department shall issue the permit for use of the permitted vessel in the subsequent permit year.
(d) The department shall suspend a late fee otherwise due under subdivision (c) and shall issue a permit for use of the permitted vessel in the subsequent permit year if the department is unable to accept applications for renewal of permits by March 1.
(e) Except as provided in subdivision (c), the department shall not renew a permit for which the application for renewal is not received, or, if mailed, is received or postmarked after expiration of the permit.
(Amended by Stats. 2008, Ch. 179, Sec. 77. Effective January 1, 2009.)
2023 California Code › Fish and Game Code - FGC › DIVISION 6 - FISH › PART 3 - COMMERCIAL FISHING › CHAPTER 2 - Particular Varieties of Fish › ARTICLE 4.5 - Commercial Salmon Vessel Permits › Section 8236.

8236. (a) The department shall send a written notice of renewal and a permit renewal application to the owner of each currently permitted vessel at the most recent address of that owner in the records of the department. The notice shall be sent by first-class mail before March 1. The department shall mail a copy of the notice for renewal to all associations and groups known to the department to be representing commercial salmon fishermen. The department shall also provide blank permit renewal applications at appropriate offices of the department.
(b) The notice shall include all of the following:
(1) Instructions on how to apply for renewal of a permit.
(2) Information on the provisions of subdivisions (c) and (e) of Section 8235.
(c) Failure to receive the notice under this section does not exempt or excuse the owner from the requirement of annual renewal of the permit on or before the permit expiration date.
(Repealed and added by Stats. 1988, Ch. 1164, Sec. 2.)
2023 California Code › Fish and Game Code - FGC › DIVISION 6 - FISH › PART 3 - COMMERCIAL FISHING › CHAPTER 2 - Particular Varieties of Fish › ARTICLE 4.5 - Commercial Salmon Vessel Permits › Section 8238.

8238. (a) On or before January 1, 1991, the department, in consultation with the commercial salmon fishing review board, created pursuant to former Section 8247, shall establish and adopt, in the manner prescribed in former Section 8238.3, as that section read on January 1, 1991, a vessel classification system to determine the fishing potential of prospective vessels for applications for new, original permits.
(b) Commencing January 1, 2020, for applications to transfer a permit to a replacement vessel, the department shall determine the fishing potential of the permitted vessel and the replacement vessel by multiplying the length of the vessel by the breadth of the vessel by the depth of the vessel based on figures provided to the department in a vessel marine survey conducted by a licensed marine surveyor or on a current certificate of documentation issued by the United States Coast Guard.
(Amended by Stats. 2019, Ch. 472, Sec. 4. (SB 262) Effective January 1, 2020.)
2023 California Code › Fish and Game Code - FGC › DIVISION 6 - FISH › PART 3 - COMMERCIAL FISHING › CHAPTER 2 - Particular Varieties of Fish › ARTICLE 4.5 - Commercial Salmon Vessel Permits › Section 8238.1.

8238.1. The vessel classification system shall be used by the department for issuance of new original vessel permits pursuant to Section 8243.
(Amended by Stats. 2019, Ch. 472, Sec. 5. (SB 262) Effective January 1, 2020.)
2023 California Code › Fish and Game Code - FGC › DIVISION 6 - FISH › PART 3 - COMMERCIAL FISHING › CHAPTER 2 - Particular Varieties of Fish › ARTICLE 4.5 - Commercial Salmon Vessel Permits › Section 8239.

8239. A transfer may be approved and a permit issued for use of a replacement vessel pursuant to Section 8241 under all of the following conditions:
(a) The vessel owner submits a written request for the transfer to the department on a form provided by the department and pays a nonrefundable transfer fee of two hundred dollars ($200).
(b) The permit for the permitted vessel is current, and the owner of the permitted vessel makes assurances in the application that any renewal of the permit that becomes due during the application processing period will be made.
(c) Proof of ownership is submitted to the department for the permitted vessel and replacement vessel.
(d) The vessel owner submits a vessel marine survey conducted by a licensed marine surveyor or a current certificate of documentation issued by the United States Coast Guard that contains the necessary information for the department to establish that the replacement vessel has the same fishing potential as, or less fishing potential than, the permitted vessel.
(e) Under penalty of perjury, the vessel owner signs the application for transfer and certifies that the included information is true to the best of their information and belief.
(f) The same transfer has not been requested within the previous 12 months or the same transfer has not previously been denied and that denial is final, unless the application or supporting information are different than that contained in the previous application, as determined by the department.
(g) Except as provided in Section 8239.1, the permit has not been transferred to a replacement vessel during the same permit year.
(h) The permittee has written authority from the legal owner, if other than the permittee or mortgager, if any, to transfer the vessel permit from the permitted vessel.
(Amended by Stats. 2019, Ch. 472, Sec. 6. (SB 262) Effective January 1, 2020.)
2023 California Code › Fish and Game Code - FGC › DIVISION 6 - FISH › PART 3 - COMMERCIAL FISHING › CHAPTER 2 - Particular Varieties of Fish › ARTICLE 4.5 - Commercial Salmon Vessel Permits › Section 8239.1.

8239.1. Unless otherwise prohibited, the department shall accept a transfer application within two years after the date that a permitted vessel was lost, stolen, or destroyed, notwithstanding any inability to physically examine the permitted vessel to determine its salmon fishing potential. Only the permittee at the time of the loss, theft, or destruction of the vessel may apply for the transfer of the vessel permit. Proof that a vessel is lost, stolen, or destroyed shall be in the form of a copy of the report filed with the United States Coast Guard or any other law enforcement agency or fire department investigating the loss. The department shall only transfer a permit pursuant to this section if the permit remains valid during the entire period following the loss, theft, or destruction, and while the transfer application is pending. If the permittee does not submit a transfer application within two years after the permitted vessel was lost, stolen, or destroyed, or if the department denies the transfer application later than two years after a permitted vessel was lost, stolen, or destroyed, the permit is null and void.
(Amended by Stats. 2019, Ch. 472, Sec. 7. (SB 262) Effective January 1, 2020.)
2023 California Code › Fish and Game Code - FGC › DIVISION 6 - FISH › PART 3 - COMMERCIAL FISHING › CHAPTER 2 - Particular Varieties of Fish › ARTICLE 4.5 - Commercial Salmon Vessel Permits › Section 8239.6.

8239.6. A permit issued for the use of a replacement vessel under Section 8241 is valid for the balance of the permit year for which the permit for the use of the permitted vessel was originally issued or last renewed, and the permit issued under this section authorizes the use of the replacement vessel only for that period.
(Added by Stats. 1988, Ch. 1164, Sec. 2.)
2023 California Code › Fish and Game Code - FGC › DIVISION 6 - FISH › PART 3 - COMMERCIAL FISHING › CHAPTER 2 - Particular Varieties of Fish › ARTICLE 4.5 - Commercial Salmon Vessel Permits › Section 8240.

8240. (a) The department shall not issue a permit for use of a replacement vessel if the permitted vessel was reported as lost, stolen, or destroyed by fraudulent means or for fraudulent purposes.
(b) The department shall not issue a permit for use of a replacement vessel if the application contains or is accompanied with fraudulent or willfully misleading information.
(c) The department shall not issue a permit for use of a replacement vessel or to a new owner of a permitted vessel if the permit for the permitted vessel expires and is not renewed. Except as provided in Section 8235, an owner of a permitted vessel shall renew the permit before the expiration date even if that owner has a transfer application pending.
(d) The department may refuse to issue a permit for use of a replacement vessel or to issue a permit to a new owner of a permitted vessel on any grounds for which a permit may be suspended or revoked.
(Repealed and added by Stats. 1988, Ch. 1164, Sec. 2.)
2023 California Code › Fish and Game Code - FGC › DIVISION 6 - FISH › PART 3 - COMMERCIAL FISHING › CHAPTER 2 - Particular Varieties of Fish › ARTICLE 4.5 - Commercial Salmon Vessel Permits › Section 8241.

8241. The department shall issue the permit for use of a replacement vessel if it determines that the conditions specified in Section 8239 have been satisfied and the replacement vessel has the same fishing potential as, or less fishing potential than, the permitted vessel.
(Amended by Stats. 2019, Ch. 472, Sec. 10. (SB 262) Effective January 1, 2020.)
2023 California Code › Fish and Game Code - FGC › DIVISION 6 - FISH › PART 3 - COMMERCIAL FISHING › CHAPTER 2 - Particular Varieties of Fish › ARTICLE 4.5 - Commercial Salmon Vessel Permits › Section 8242.

8242. A person seeking to gain entry into the commercial salmon fishery may obtain a permit under either of the following conditions:
(a) By legally obtaining the ownership of a permitted vessel and notifying the department of the change of ownership of the permitted vessel.
(b) By applying to obtain a new, original permit issued by the department pursuant to Sections 8244 and 8245.
(Added by Stats. 1988, Ch. 1164, Sec. 2.)
2023 California Code › Fish and Game Code - FGC › DIVISION 6 - FISH › PART 3 - COMMERCIAL FISHING › CHAPTER 2 - Particular Varieties of Fish › ARTICLE 4.5 - Commercial Salmon Vessel Permits › Section 8243.

8243. (a) If the department determines that the number of permitted vessels is less than 2,500, the department shall determine the number and vessel classification for which any new, original permits may be issued to bring the total number of permitted vessels to no more than 2,500.
(b) New, original permits to be issued shall be authorized by vessel classifications established under Section 8238.
(Amended by Stats. 2019, Ch. 472, Sec. 11. (SB 262) Effective January 1, 2020.)
2023 California Code › Fish and Game Code - FGC › DIVISION 6 - FISH › PART 3 - COMMERCIAL FISHING › CHAPTER 2 - Particular Varieties of Fish › ARTICLE 4.5 - Commercial Salmon Vessel Permits › Section 8244.

8244. (a) An applicant may apply for a new, original permit as an individual, a joint venture, or a corporation. The applicant may submit only one application annually. The application shall be made on a form provided by the department.
(b) An applicant for a new, original permit under this section shall submit a completed application as directed by the department. The completed application, and the application fees prescribed in subdivision (c), shall be delivered or postmarked on or before February 1 in order to be considered for permits for the subsequent permit year.
(c) The applicant shall submit with the application a nonrefundable application fee determined by the department in an amount sufficient to pay the costs of administering the issuance of new, original permits by the department, which shall be not less than thirty-five dollars ($35).
(d) The department shall determine the fishing potential of the vessel for use of which the new, original permit is to be issued and otherwise determine if the applicant is eligible to be issued a permit under this article.
(Amended by Stats. 2019, Ch. 472, Sec. 12. (SB 262) Effective January 1, 2020.)
2023 California Code › Fish and Game Code - FGC › DIVISION 6 - FISH › PART 3 - COMMERCIAL FISHING › CHAPTER 2 - Particular Varieties of Fish › ARTICLE 4.5 - Commercial Salmon Vessel Permits › Section 8245.

8245. (a) The department shall conduct a drawing from the applicants determined to be eligible for new, original permits pursuant to Section 8244 on the first Friday in March of each year that new, original permits are authorized to be issued pursuant to Section 8243.
(b) (1) The department shall issue a permit to each of those applicants who are drawn upon payment of the fees prescribed in paragraph (2) for the permit and, except as provided in subdivision (d), submittal of sufficient information to establish that the applicant is the owner of a vessel within the vessel classification designated in the application.
(2) The amount of the fees for a permit issued under this section are the same as the amount of the fees for renewal of a permit for the subsequent license year beginning on April 1 that are established pursuant to subdivision (b) of Section 8235. A successful applicant shall pay the fees for the permit on or before March 31. The department shall deposit the fees to the fund pursuant to Section 13001.
(c) Except as provided in subdivision (d), a successful applicant shall submit proof of ownership of the vessel to be used under the permit within 90 days of the drawing.
(d) (1) A successful applicant may request one extension of no more than 90 days to obtain a vessel as designated in the application. The department may grant that extension.
(2) If any successful applicant does not establish that the applicant is the owner of a vessel as designated in the application and affix the new permit on that vessel or on another vessel with the same or less fishing potential, as determined by the department, within 90 days or by the end of a 90 day extension granted by the department, the new permit is null and void.
(3) The department is not liable for any risk of failure by the applicant to obtain a vessel that is designated in an application or to complete the process for determination of the fishing potential of another vessel, or for failure by the applicant to obtain that other vessel, in the time prescribed in this section.
(Amended by Stats. 2019, Ch. 472, Sec. 13. (SB 262) Effective January 1, 2020.)
2023 California Code › Fish and Game Code - FGC › DIVISION 6 - FISH › PART 3 - COMMERCIAL FISHING › CHAPTER 2 - Particular Varieties of Fish › ARTICLE 4.5 - Commercial Salmon Vessel Permits › Section 8246.

8246. (a) At any time after notice of an order suspending or revoking of a person’s commercial salmon fishing privilege is issued by the commission, and before the order of suspension or revocation is final, the commission may, with the agreement of the person subject to the action, compromise or dismiss the action to suspend or revoke the commercial salmon fishing privilege in the best interests of the state, or the commission may compromise or dismiss the action with the agreement of the person subject to the action on terms and conditions, which may include, but are not limited to, the payment of civil damages, the reduction of a revocation to a suspension for a specified period of time, or any other terms and conditions.
(b) The commission, after notice and opportunity for hearing, may suspend or revoke the commercial fishing privilege, authorized under a license issued for the purposes of Section 7850, for any violation of a term or condition of an agreement to compromise or dismiss a separate suspension or revocation action that was made pursuant to subdivision (a).
(c) If the commission orders a suspension or revocation of a person’s commercial salmon fishing privilege, any permit issued pursuant to this article shall be renewed when the next renewal is due or the permit shall expire as provided in Section 8233.
(d) Subdivision (a) does not apply if an action is brought to recover civil damages under Section 2014 from the person subject to action under this section.
(Amended by Stats. 2023, Ch. 132, Sec. 153. (AB 1760) Effective January 1, 2024.)
2023 California Code › Fish and Game Code - FGC › DIVISION 6 - FISH › PART 3 - COMMERCIAL FISHING › CHAPTER 2 - Particular Varieties of Fish › ARTICLE 4.5 - Commercial Salmon Vessel Permits › Section 8246.2.

8246.2. (a) The commission, in consultation with the department, shall adopt regulations for the determination of civil damages provided for in subdivision (a) of Section 8246 that give due consideration to the appropriateness of the civil damages with respect to all of the following factors:
(1) The gravity of the violation.
(2) The good faith of the convicted licensee.
(3) The history of previous violations.
(4) The damage to the fishery.
(5) The cost of restoration of the fishery.
(b) Civil damages imposed under subdivision (a) of Section 8246 shall be due and payable on or before a date that is 30 days after the compromise is entered into.
(Amended by Stats. 2023, Ch. 132, Sec. 154. (AB 1760) Effective January 1, 2024.)
2023 California Code › Fish and Game Code - FGC › DIVISION 6 - FISH › PART 3 - COMMERCIAL FISHING › CHAPTER 2 - Particular Varieties of Fish › ARTICLE 4.5 - Commercial Salmon Vessel Permits › Section 8246.4.

8246.4. The commission, after notice and opportunity for hearing, shall revoke a commercial salmon vessel permit issued pursuant to this article if the vessel permit was obtained by fraudulent means.
(Amended by Stats. 2019, Ch. 472, Sec. 17. (SB 262) Effective January 1, 2020.)
2023 California Code › Fish and Game Code - FGC › DIVISION 6 - FISH › PART 3 - COMMERCIAL FISHING › CHAPTER 2 - Particular Varieties of Fish › ARTICLE 4.5 - Commercial Salmon Vessel Permits › Section 8246.6.

8246.6. A person whose commercial salmon fishing vessel permit is revoked by the commission or who has been denied a permit transfer may appeal the revocation or denial to the commission by submitting the appeal in writing to the commission within 60 days of the decision.
(Amended by Stats. 1998, Ch. 525, Sec. 6. Effective January 1, 1999.)
2023 California Code › Fish and Game Code - FGC › DIVISION 6 - FISH › PART 3 - COMMERCIAL FISHING › CHAPTER 2 - Particular Varieties of Fish › ARTICLE 4.5 - Commercial Salmon Vessel Permits › Section 8246.7.

8246.7. (a) The commission shall reverse an order of revocation, order the permit renewed, or order the approval of a permit transfer only if it finds one of the following grounds:
(1) The permittee failed to submit an application and pay the fees for renewal on or before April 30 pursuant to Section 8235 and the failure to renew a permit until after the expiration date was due to death, physical illness, mental incapacity, or being called to active military duty, and the person was not reasonably able to have an agent renew the permit.
(2) A lienholder of a permitted vessel, if the vessel is the property of the lienholder as a result of foreclosure, surrender, or litigation, can show loss due to the nonrenewal of a permit by the permittee, and the nonrenewal occurred without the knowledge of the lienholder.
(3) If, in the case of permit revocation because of fraud, evidence is provided to the commission disputing the charges of fraud. If the commission finds there was no fraud after consideration of all of the evidence, the commission may order the revocation annulled, and, if the permit expiration date has passed during the pendency of the hearing on the appeal, the commission may order the department to renew the permit upon payment of the fees.
(4) The denial of the permit transfer was arbitrary or capricious.
(b) Each appeal shall be heard and considered separately on its own merits.
(Amended by Stats. 2019, Ch. 472, Sec. 18. (SB 262) Effective January 1, 2020.)
2023 California Code › Fish and Game Code - FGC › DIVISION 6 - FISH › PART 3 - COMMERCIAL FISHING › CHAPTER 2 - Particular Varieties of Fish › ARTICLE 4.5 - Commercial Salmon Vessel Permits › Section 8246.8.

8246.8. The commission and the department may make and enforce regulations that may be necessary or convenient for carrying out any power, authority, or jurisdiction delegated to it under this article.
(Added by Stats. 1988, Ch. 1164, Sec. 2.)
2023 California Code › Fish and Game Code - FGC › DIVISION 6 - FISH › PART 3 - COMMERCIAL FISHING › CHAPTER 2 - Particular Varieties of Fish › ARTICLE 4.5 - Commercial Salmon Vessel Permits › Section 8248.

8248. If any provision of this article or the application thereof to any person or circumstances is held invalid, that invalidity shall not affect other provisions or applications of the article which can be given effect without the invalid provision or application, and to this end the provisions of this article are severable.
(Repealed and added by Stats. 1988, Ch. 1164, Sec. 2.)
2023 California Code › Fish and Game Code - FGC › DIVISION 6 - FISH › PART 3 - COMMERCIAL FISHING › CHAPTER 2 - Particular Varieties of Fish › ARTICLE 5 - Lobster › Section 8250.

8250. As used in this code, “spiny lobster” refers to the species Panulirus interruptus.
(Enacted by Stats. 1957, Ch. 456.)
2023 California Code › Fish and Game Code - FGC › DIVISION 6 - FISH › PART 3 - COMMERCIAL FISHING › CHAPTER 2 - Particular Varieties of Fish › ARTICLE 5 - Lobster › Section 8250.5.

8250.5. (a) Subject to this article and Article 1 (commencing with Section 9000) of Chapter 4, a lobster trap, as described in Section 9010, may be used to take lobster for commercial purposes under a lobster permit issued pursuant to Section 8254.
(b) The following species may be taken incidentally in lobster traps being fished under the authority of a lobster permit issued pursuant to Section 8254, and any other species taken incidentally shall be immediately released back to the water:
(1) Crab, other than Dungeness crab.
(2) Kellet’s whelk.
(3) Octopus.
(c) Spiny lobsters taken in the manner commonly known as skindiving or by a person using self-contained underwater breathing apparatus shall not be sold.
(Amended by Stats. 2007, Ch. 285, Sec. 119. Effective January 1, 2008.)
2023 California Code › Fish and Game Code - FGC › DIVISION 6 - FISH › PART 3 - COMMERCIAL FISHING › CHAPTER 2 - Particular Varieties of Fish › ARTICLE 5 - Lobster › Section 8251.

8251. Spiny lobsters may be taken only between the first Wednesday in October and the first Wednesday after the 15th of March. Lobster traps may be set and baited 24 hours in advance of the opening date of the lobster season if no other attempt is made to take or possess the lobsters.
(Amended by Stats. 1961, Ch. 1315.)
2023 California Code › Fish and Game Code - FGC › DIVISION 6 - FISH › PART 3 - COMMERCIAL FISHING › CHAPTER 2 - Particular Varieties of Fish › ARTICLE 5 - Lobster › Section 8252.

8252. No spiny lobster less than three and one-quarter inches in length measured in a straight line from the rear edge of the eye socket to the rear edge of the body shell, both points to be on the midline of the back, may be taken, possessed, purchased, or sold.
Every person taking spiny lobster shall carry a measuring device and shall measure any lobster immediately on removal from his trap and if it is found to be undersize the lobster shall be returned to the water immediately.
(Amended by Stats. 1961, Ch. 1315.)
2023 California Code › Fish and Game Code - FGC › DIVISION 6 - FISH › PART 3 - COMMERCIAL FISHING › CHAPTER 2 - Particular Varieties of Fish › ARTICLE 5 - Lobster › Section 8253.

8253. It is unlawful to pickle, can, or otherwise preserve any spiny lobster, but spiny lobsters may be preserved by freezing and may be cooked for consumption in the fresh state.
(Enacted by Stats. 1957, Ch. 456.)
2023 California Code › Fish and Game Code - FGC › DIVISION 6 - FISH › PART 3 - COMMERCIAL FISHING › CHAPTER 2 - Particular Varieties of Fish › ARTICLE 5 - Lobster › Section 8254.

8254. (a) Lobsters shall not be taken for commercial purposes except under a valid lobster permit issued to that person that has not been suspended or revoked, subject to regulations adopted by the commission.
(b) Every person who takes, assists in taking, possesses, or transports lobsters for commercial purposes while on any boat, barge, or vessel, or who uses or operates or assists in using or operating any boat, net, trap, line, or other appliance to take lobsters for commercial purposes, shall have a valid lobster permit.
(c) The permit fee for a lobster permit is two hundred sixty-five dollars ($265).
(d) The fee for a lobster crewmember permit is one hundred twenty-five dollars ($125).
(e) For the purposes of this section, it is prima facie evidence that lobster is taken for commercial purposes if the possession of lobster is more than three times the sport bag limit.
(Amended by Stats. 2007, Ch. 328, Sec. 3. Effective January 1, 2008.)
2023 California Code › Fish and Game Code - FGC › DIVISION 6 - FISH › PART 3 - COMMERCIAL FISHING › CHAPTER 2 - Particular Varieties of Fish › ARTICLE 5 - Lobster › Section 8254.7.

8254.7. When a complaint has been filed in a court of competent jurisdiction charging a holder of a commercial lobster permit with a violation of Section 8251 or 8252, and no disposition of the complaint has occurred within 90 days after it has been filed in the court, the department may suspend the commercial lobster permit of the person. The permitholder whose permit was suspended under this section may, within 10 days after the receipt of the suspension notice from the department, request a hearing, and, within 20 days after the request has been made, a hearing shall be held by the commission. A decision shall be made within a reasonable time on whether the suspension of the permit shall be terminated or continued until the disposition of the complaint by the court. In determining whether to terminate or continue the suspension of the permit, the commission shall consider whether or not the violation could have a detrimental effect on the resources and whether or not a continued suspension of the permit is in the best public interest, and shall find whether there is sufficient evidence that a violation has occurred. A failure to make a finding that there is sufficient evidence that a violation has occurred or a finding that there is insufficient evidence shall terminate the suspension of the permit under this section. If the permitholder is acquitted of the charges or the charges against him or her have been dismissed, any suspension of the permit is thereby terminated. No complaint shall be filed in a court charging a commercial lobster permitholder with a violation of Section 8251 or 8252 unless evidence supporting the charge has been reviewed by the appropriate county or city prosecuting agency and a criminal complaint has been issued by that agency.
(Amended by Stats. 1986, Ch. 1244, Sec. 9.)
2023 California Code › Fish and Game Code - FGC › DIVISION 6 - FISH › PART 3 - COMMERCIAL FISHING › CHAPTER 2 - Particular Varieties of Fish › ARTICLE 5 - Lobster › Section 8257.

8257. The permit number of the person owning or in command of any boat used to take lobster shall be visibly displayed on both sides of the boat in 10-inch black numbers, one inch wide, on a white background.
(Amended by Stats. 1965, Ch. 195.)
2023 California Code › Fish and Game Code - FGC › DIVISION 6 - FISH › PART 3 - COMMERCIAL FISHING › CHAPTER 2 - Particular Varieties of Fish › ARTICLE 5 - Lobster › Section 8258.

8258. Lobster traps may be used to take spiny lobster in Districts 18, 19, 20A, and those portions of District 20 lying on the southerly side of Santa Catalina Island between Southeast Rock and China Point.
(Added by Stats. 1984, Ch. 1271, Sec. 3.)
2023 California Code › Fish and Game Code - FGC › DIVISION 6 - FISH › PART 3 - COMMERCIAL FISHING › CHAPTER 2 - Particular Varieties of Fish › ARTICLE 5 - Lobster › Section 8259.

8259. Whenever it is necessary to prevent overutilization or to ensure efficient and economic operation of the fishery, the commission may limit the number of permits that may be issued pursuant to this article. As it determines appropriate to protect the resource, the commission may limit the number of permits on a statewide basis or within selected geographical areas.
(Added by Stats. 1986, Ch. 934, Sec. 2.)
2023 California Code › Fish and Game Code - FGC › DIVISION 6 - FISH › PART 3 - COMMERCIAL FISHING › CHAPTER 2 - Particular Varieties of Fish › ARTICLE 6 - Crab › Section 8275.

8275. Unless the provision or context otherwise requires, the definitions in this section govern the construction of this article.
(a) “Dungeness crab” or “market crab” means crab of the species Cancer magister.
(b) “Reconstruction” means major work on the hull of a vessel to make that vessel operable in the California crab fishery if that work may reasonably be expected to be of a duration that will preclude operation of that vessel in the crab fishery for the length of the crab season or longer.
(c) “Rock crab” means any crab of the genus Cancer other than Dungeness crab and includes rock crab (Cancer antennarius), red crab (Cancer productus), and yellow crab (Cancer anthonyi).
(d) “Under construction” means having plans and materials and proceeding with work toward the completion of an operational Dungeness crab fishing vessel.
(Amended by Stats. 1996, Ch. 870, Sec. 25. Effective January 1, 1997.)
2023 California Code › Fish and Game Code - FGC › DIVISION 6 - FISH › PART 3 - COMMERCIAL FISHING › CHAPTER 2 - Particular Varieties of Fish › ARTICLE 6 - Crab › Section 8276.

8276. Except as provided in Section 8276.2 or 8277:
(a) Dungeness crab may be taken for commercial purposes in Districts 6, 7, 8, and 9 only between December 1 and July 15.
(b) Dungeness crab may be taken for commercial purposes in all other districts only between November 15 and June 30.
(c) Dungeness crab may not be taken for commercial purposes in any district, or part of a district, lying within the portions of Crescent City Harbor between the south sand barrier and the breakwater.
(d) All Dungeness crab traps shall be removed from state waters by 11:59 p.m. on the last day of the applicable Dungeness crab season.
(Amended by Stats. 2018, Ch. 663, Sec. 2. (SB 1310) Effective September 21, 2018.)
2023 California Code › Fish and Game Code - FGC › DIVISION 6 - FISH › PART 3 - COMMERCIAL FISHING › CHAPTER 2 - Particular Varieties of Fish › ARTICLE 6 - Crab › Section 8276.1.

8276.1. (a) For purposes of this section, the following definitions apply:
(1) “California Dungeness Crab Fishing Gear Working Group” means the California Dungeness Crab Fishing Gear Working Group established by the department, in partnership with the Ocean Protection Council and the National Marine Fisheries Service, on September 21, 2015, and as defined by its most recent charter as it may be amended from time to time.
(2) “Risk assessment and mitigation program” means the program developed by the California Dungeness Crab Fishing Gear Working Group, as that program may be amended from time to time until the regulations are adopted pursuant to subdivision (b), to identify and assess elevated levels of entanglement risk and determine the need for management options to reduce the risk of entanglement.
(b) The department, in consultation with the California Dungeness Crab Fishing Gear Working Group and other stakeholders, shall adopt regulations establishing criteria and protocols to evaluate and respond to the potential risk of marine life entanglement. The regulations shall include, but are not limited to, the risk assessment and mitigation program, and the use of alternative gear only after the season is open pursuant to the risk assessment and mitigation program that may otherwise be prohibited as prescribed by the department. Upon the effective date of the regulations, the director may restrict the take of Dungeness crab pursuant to the protocols and criteria.
(c) Unless otherwise prescribed by regulation, it is unlawful to take or possess Dungeness crab from any waters closed, or otherwise violate any restriction on take imposed, pursuant to this section.
(d) This section shall remain in effect only until January 1, 2030, and as of that date is repealed.
(Amended by Stats. 2023, Ch. 876, Sec. 12. (SB 500) Effective January 1, 2024. Repealed as of January 1, 2030, by its own provisions.)
2023 California Code › Fish and Game Code - FGC › DIVISION 6 - FISH › PART 3 - COMMERCIAL FISHING › CHAPTER 2 - Particular Varieties of Fish › ARTICLE 6 - Crab › Section 8276.3.

8276.3. (a) If there is any delay ordered by the director pursuant to Section 8276.2 in the opening of the Dungeness crab fishery in Districts 6, 7, 8, and 9, a vessel shall not take or land crab within Districts 6, 7, 8, and 9 during any closure.
(b) If there is any delay in the opening of the Dungeness crab season pursuant to Section 8276.2, the opening date in Districts 6, 7, 8, and 9 shall be preceded by a 64-hour gear setting period, as ordered by the director.
(c) This section shall become inoperative on April 1, 2029, and, as of January 1, 2030, is repealed, unless a later enacted statute, that becomes operative on or before January 1, 2030, deletes or extends the dates on which it becomes inoperative and is repealed.
(Amended by Stats. 2018, Ch. 663, Sec. 4. (SB 1310) Effective September 21, 2018. Inoperative April 1, 2029. Repealed as of January 1, 2030, by its own provisions.)
2023 California Code › Fish and Game Code - FGC › DIVISION 6 - FISH › PART 3 - COMMERCIAL FISHING › CHAPTER 2 - Particular Varieties of Fish › ARTICLE 6 - Crab › Section 8277.

8277. (a) The director may extend the Dungeness crab season in any district or part thereof.
(b) Before extending the Dungeness crab season, the director shall consider written findings of the department regarding the state of the Dungeness crab resource in the district, or part thereof, which consider, but are not limited to, population and maturity. The director may extend the season only if the written findings do not conclude that the extension will damage the Dungeness crab resource.
(c) The director shall not extend the Dungeness crab season past August 31 in a district, or part thereof, north of the southern boundary of Mendocino County or past July 31 in a district, or part thereof, south of Mendocino County. The director shall order closure of the season at any time during the extension period if the director determines that further fishing will damage the Dungeness crab resource.
(Amended by Stats. 2006, Ch. 538, Sec. 186. Effective January 1, 2007.)
2023 California Code › Fish and Game Code - FGC › DIVISION 6 - FISH › PART 3 - COMMERCIAL FISHING › CHAPTER 2 - Particular Varieties of Fish › ARTICLE 6 - Crab › Section 8278.

8278. (a) Except as otherwise provided, no Dungeness crab less than six and one-quarter (6
1
/
4
) inches in breadth, and no female Dungeness crab, may be taken, possessed, bought, or sold, except that not more than 1 percent in number of any load or lot of Dungeness crabs may be less than six and one-quarter (6
1
/
4
) inches in breadth but not less than five and three-quarters (5
3
/
4
) inches in breadth.
(b) Dungeness crab shall be measured by the shortest distance through the body from edge of shell to edge of shell directly from front of points (lateral spines).
(Amended by Stats. 2006, Ch. 538, Sec. 187. Effective January 1, 2007.)