reglab/statecodes huggingface dataset:
2023 California Code › Fish and Game Code - FGC › DIVISION 6 - FISH › PART 3 - COMMERCIAL FISHING › CHAPTER 1 - Generally › ARTICLE 7.5 - Landing Fees › Section 8043.1.

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 manner prescribed by the department.
(b) The department may require any information from a person required to be licensed as a marine aquaria receiver it deems necessary to carry out this article.
(c) The landing receipt form shall be completed at the time the organisms are received from the commercial fisherman. A person required to be licensed as a marine aquaria receiver who takes his or her own organisms shall complete a marine aquaria landing receipt form at the time the organisms are brought ashore.
(d) The copies of the aquaria landing receipts shall be delivered to the department, as provided in Section 8046.
(Amended by Stats. 2018, Ch. 601, Sec. 1. (SB 269) Effective January 1, 2019.)
2023 California Code › Fish and Game Code - FGC › DIVISION 6 - FISH › PART 3 - COMMERCIAL FISHING › CHAPTER 1 - Generally › ARTICLE 7.5 - Landing Fees › Section 8043.2.

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 Section 8043 to make an electronic fish ticket shall make an electronic fish ticket in either of the following ways:
(1) For each individual sale by that fisherman at the time of the sale.
(2) For each day that the fisherman is engaged in one or more sales to the ultimate consumers, the fisherman shall maintain an accurate tally sheet of sales, which shall include complete header and signature box information filled out prior to any sales, and the number of pounds by species of fish sold. The total of the daily sales shall be recorded at the completion of sales for that day on an electronic fish ticket. A copy of the completed tally sheet shall be attached to the corresponding electronic fish ticket. The original completed tally sheet shall be attached to the fisherman’s copy of the corresponding electronic fish ticket and maintained for a period of four years.
(b) A commercial fisherman licensed pursuant to Section 8033.5 who sells directly to the ultimate consumer, or a commercial fisherman who sells or delivers fish that the fisherman has taken to any person who is not licensed under Article 7 (commencing with Section 8030) to conduct the activities of a fish receiver, shall not be considered a weighmaster for purposes of Chapter 7 (commencing with Section 12700) of Division 5 of the Business and Professions Code.
(c) A commercial fisherman selling their own catch to the ultimate customer, upon request by an authorized agent or employee of the department, shall immediately make available all fish in possession of the fisherman for inspection and sampling by the agent or employee. Pursuant to Section 8226, the fisherman shall relinquish the head from any sampled salmon with a missing adipose fin.
(Amended by Stats. 2023, Ch. 876, Sec. 7. (SB 500) Effective January 1, 2024.)
2023 California Code › Fish and Game Code - FGC › DIVISION 6 - FISH › PART 3 - COMMERCIAL FISHING › CHAPTER 1 - Generally › ARTICLE 7.5 - Landing Fees › Section 8046.

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 specified in regulations. The original signed copy of the paper landing receipt made under Section 8043.1 shall be delivered to the department on or before the 16th or last day of the month in which the fish were landed, whichever date occurs first after the landing. A copy of the electronic fish ticket or landing receipt shall be delivered to the commercial fisherman at the time of the purchase or receipt of the fish. That copy of the electronic fish ticket or landing receipt shall be retained by the commercial fisherman for a period of four years and shall be available for inspection at any time during that period by the department. A copy of the electronic fish ticket or landing receipt shall be kept by the person licensed pursuant to Article 7 (commencing with Section 8030), or live bait dealer registered with the department, who filled out the electronic fish ticket or landing receipt for a period of four years and shall be available for inspection at any time within that period by the department.
(b) On delivery of sardines, anchovies, mackerel, squid, tuna, or bonito intended to be processed or sold as fresh fish, the person licensed pursuant to Article 7 (commencing with Section 8030) who filled out the electronic fish ticket or landing receipt, upon request of the authorized agent described in subdivision (c), shall notify the authorized agent of the unloading and weighing of the fish and shall permit the authorized agent to be present at all times during the weighing of the fish.
(c) A copy of the electronic fish ticket or landing receipt shall be delivered to an agent authorized in writing by the majority of the persons who participated in the taking of the fish, excluding the commercial fisherman receiving the original copy.
(d) For purposes of this section, “business day” means Monday to Friday, inclusive, excluding days designated as state or federal holidays.
(Amended by Stats. 2023, Ch. 876, Sec. 9. (SB 500) Effective January 1, 2024.)
2023 California Code › Fish and Game Code - FGC › DIVISION 6 - FISH › PART 3 - COMMERCIAL FISHING › CHAPTER 1 - Generally › ARTICLE 7.5 - Landing Fees › Section 8046.1.

8046.1. In addition to the requirements of Section 8046, any person landing groundfish subject to federal groundfish regulations adopted pursuant to the Magnuson Fishery Conservation and Management Act (16 U.S.C. Sec. 1801 et seq.) shall keep a copy of the electronic fish ticket on board the fishing vessel throughout, and for 15 days following, each period for which cumulative landings by individual vessels are limited.
(Amended by Stats. 2023, Ch. 876, Sec. 10. (SB 500) Effective January 1, 2024.)
2023 California Code › Fish and Game Code - FGC › DIVISION 6 - FISH › PART 3 - COMMERCIAL FISHING › CHAPTER 1 - Generally › ARTICLE 7.5 - Landing Fees › Section 8050.

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 sells fish to persons who are not licensed under Article 7 (commencing with Section 8030), and any person who deals in fresh or frozen fish for profit, shall keep accounting records in which all of the following shall be recorded:
(1) The name as designated by the department of each different species of fish sold, distributed, or taken, or if not designated, the commonly used name of each species.
(2) The number of pounds sold, distributed, or taken of each different species.
(3) The name of the person to whom the fish were sold or distributed.
(4) The name, address, and phone number of the seller or distributor.
(5) The date of sale.
(6) The price paid.
(7) The intended use.
(b) Accounting record information required by this section that is transmitted from any person identified in subdivision (a) to any business that deals in fish for profit shall be in the English language.
(c) The accounting records shall be maintained by both buyer and seller for a period of three years and upon request, shall be open for inspection during normal business hours by the department. The accounting records shall be maintained within the State of California.
(Amended by Stats. 2023, Ch. 132, Sec. 149. (AB 1760) Effective January 1, 2024.)
2023 California Code › Fish and Game Code - FGC › DIVISION 6 - FISH › PART 3 - COMMERCIAL FISHING › CHAPTER 1 - Generally › ARTICLE 7.5 - Landing Fees › Section 8051.

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 pursuant to subdivision (b):
Rate per
pound
Lobster
$  0.1333
Spot prawn and abalone
$  0.1000
Salmon and swordfish, based only on the weight in the round
$  0.0333
Halibut, sea cucumber, white seabass, sheephead, and Dungeness crab
$  0.0333
Shortspine thornyhead, sablefish, lingcod, and prawns and shrimp (except spot prawn and pink shrimp)
$  0.0133
Angel, thresher, and bonito sharks, based only on the weight in the round
$  0.0097
All fish and invertebrates unless otherwise specified
$  0.0067
Sea urchin, pink shrimp, smelts, soles, turbot, longspine thornyhead, night smelt, and sanddabs
$  0.0047
Bonito, flounder, grenadiers, herring, and skates
$  0.0027
Market squid
$  0.0023
Anchovy, mackerel, sardines, and Pacific whiting
$  0.0010
(b) (1) The fee rates specified in subdivision (a) are applicable to the 2020 calendar year, and shall be adjusted annually thereafter pursuant to this subdivision.
(2) The changes in the Implicit Price Deflator for State and Local Government Purchases of Goods and Services, as published by the United States Department of Commerce, shall be used as the index to determine an annual rate of increase or decrease in the fee rates specified in subdivision (a).
(3) The department shall determine the change in the Implicit Price Deflator for State and Local Government Purchases of Goods and Services, as published by the United States Department of Commerce, for the quarter ending March 31 of the current year compared to the quarter ending March 31 of the previous year. The relative amount of the change shall be multiplied by the current fee rates.
(4) The product of the calculation made pursuant to paragraph (3) shall be added to the applicable fee rate for the current year. The resulting amounts shall be the fee rates for the calendar year beginning on or after January 1 of the next succeeding calendar year.
(c) The calculations provided for in this section shall be reported by the department to the Legislature with the Governor’s Budget Bill.
(d) The Legislature finds that all revenue generated by fee rates computed under this section, and used for the purposes for which they were imposed, are not subject to Article XIII B of the California Constitution.
(Amended by Stats. 2019, Ch. 472, Sec. 1. (SB 262) Effective January 1, 2020.)
2023 California Code › Fish and Game Code - FGC › DIVISION 6 - FISH › PART 3 - COMMERCIAL FISHING › CHAPTER 1 - Generally › ARTICLE 7.5 - Landing Fees › Section 8051.4.

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 Abalone Resources Restoration and Enhancement Program. The department shall maintain internal accounts necessary to ensure that the funds are disbursed for the purposes in this section. The department may use for administration no more of the landing fee collected pursuant to former Section 8051.3 than an amount equal to the regularly approved department indirect overhead rate. Any interest on the revenues from the landing fee collected pursuant to former Section 8051.3 shall be deposited in the fund and used for the purposes in this subdivision.
(b) This section shall become operative on January 1, 2012.
(Amended by Stats. 2017, Ch. 26, Sec. 17. (SB 92) Effective June 27, 2017.)
2023 California Code › Fish and Game Code - FGC › DIVISION 6 - FISH › PART 3 - COMMERCIAL FISHING › CHAPTER 1 - Generally › ARTICLE 7.5 - Landing Fees › Section 8052.

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 the landing fee on herring taken for roe shall be expended for research and management activities to maintain and enhance the herring resources within the waters of this state.
(b) Not less than 90 percent of the landing fee on thresher shark or bonito (mako) shark shall be expended for the study required by, and for the costs of administering, Article 16 (commencing with Section 8561) of Chapter 2.
(Amended by Stats. 2017, Ch. 26, Sec. 18. (SB 92) Effective June 27, 2017.)
2023 California Code › Fish and Game Code - FGC › DIVISION 6 - FISH › PART 3 - COMMERCIAL FISHING › CHAPTER 1 - Generally › ARTICLE 7.5 - Landing Fees › Section 8053.

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 regulations specifying the procedures for collecting landing fees not paid within 30 days after the close of the quarter for which they are due. These procedures may include, but are not limited to, the procedures prescribed for sales and use taxes provided in Chapter 5 (commencing with Section 6451) and Chapter 6 (commencing with Section 6701) of Part 1 of Division 2 of the Revenue and Taxation Code.
(Amended by Stats. 2017, Ch. 26, Sec. 19. (SB 92) Effective June 27, 2017.)
2023 California Code › Fish and Game Code - FGC › DIVISION 6 - FISH › PART 3 - COMMERCIAL FISHING › CHAPTER 1 - Generally › ARTICLE 7.5 - Landing Fees › Section 8056.

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 patrol of packing plants, inspection and regulation of the fishing industry, and conservation work for the benefit of the commercial fishing industries.
(Enacted by Stats. 1957, Ch. 456.)
2023 California Code › Fish and Game Code - FGC › DIVISION 6 - FISH › PART 3 - COMMERCIAL FISHING › CHAPTER 1 - Generally › ARTICLE 7.5 - Landing Fees › Section 8057.

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 shall set forth that fact in the records of the department. The excess amount collected or paid shall be credited on any amounts then due and payable from the person under this part, and the balance shall be refunded to the person, or his or her successors, administrators, or executors.
(Amended by Stats. 2017, Ch. 26, Sec. 21. (SB 92) Effective June 27, 2017.)
2023 California Code › Fish and Game Code - FGC › DIVISION 6 - FISH › PART 3 - COMMERCIAL FISHING › CHAPTER 1 - Generally › ARTICLE 7.5 - Landing Fees › Section 8058.

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 refund or credit shall be approved by the department unless the claim is filed with the department within six months after the close of the calendar year in which the overpayment was made.
(Amended by Stats. 2017, Ch. 26, Sec. 22. (SB 92) Effective June 27, 2017.)
2023 California Code › Fish and Game Code - FGC › DIVISION 6 - FISH › PART 3 - COMMERCIAL FISHING › CHAPTER 1 - Generally › ARTICLE 7.5 - Landing Fees › Section 8059.

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.
(Amended by Stats. 2017, Ch. 26, Sec. 23. (SB 92) Effective June 27, 2017.)
2023 California Code › Fish and Game Code - FGC › DIVISION 6 - FISH › PART 3 - COMMERCIAL FISHING › CHAPTER 1 - Generally › ARTICLE 7.5 - Landing Fees › Section 8060.

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 overpayment of a landing fee.
(Amended by Stats. 2017, Ch. 26, Sec. 24. (SB 92) Effective June 27, 2017.)
2023 California Code › Fish and Game Code - FGC › DIVISION 6 - FISH › PART 3 - COMMERCIAL FISHING › CHAPTER 1 - Generally › ARTICLE 7.5 - Landing Fees › Section 8061.

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 action on the claimant, either personally or by mail. If served by mail, service shall be made pursuant to Section 1013 of the Code of Civil Procedure and shall be addressed to the licensee at his or her address as it appears in the records of the department, but the service shall be deemed complete at the time of the deposit of the notice in the mail without extension of time for any reason.
(Amended by Stats. 2017, Ch. 26, Sec. 25. (SB 92) Effective June 27, 2017.)
2023 California Code › Fish and Game Code - FGC › DIVISION 6 - FISH › PART 3 - COMMERCIAL FISHING › CHAPTER 1 - Generally › ARTICLE 7.5 - Landing Fees › Section 8062.

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 paid to the date the claim for refund or credit is approved by the department.
(Amended by Stats. 2017, Ch. 26, Sec. 26. (SB 92) Effective June 27, 2017.)
2023 California Code › Fish and Game Code - FGC › DIVISION 6 - FISH › PART 3 - COMMERCIAL FISHING › CHAPTER 1 - Generally › ARTICLE 7.5 - Landing Fees › Section 8063.

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 thereon.
(Amended by Stats. 2017, Ch. 26, Sec. 27. (SB 92) Effective June 27, 2017.)
2023 California Code › Fish and Game Code - FGC › DIVISION 6 - FISH › PART 3 - COMMERCIAL FISHING › CHAPTER 1 - Generally › ARTICLE 7.5 - Landing Fees › Section 8064.

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 any officer of the state to prevent or enjoin the collection under this article of any landing fee.
(Amended by Stats. 2017, Ch. 26, Sec. 28. (SB 92) Effective June 27, 2017.)
2023 California Code › Fish and Game Code - FGC › DIVISION 6 - FISH › PART 3 - COMMERCIAL FISHING › CHAPTER 1 - Generally › ARTICLE 7.5 - Landing Fees › Section 8065.

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 illegally determined or collected unless a claim for refund or credit has been duly filed pursuant to Sections 8058 and 8059.
(Amended by Stats. 2017, Ch. 26, Sec. 29. (SB 92) Effective June 27, 2017.)
2023 California Code › Fish and Game Code - FGC › DIVISION 6 - FISH › PART 3 - COMMERCIAL FISHING › CHAPTER 1 - Generally › ARTICLE 7.5 - Landing Fees › Section 8066.

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 action against the department on the grounds set forth in the claim in a court of competent jurisdiction in any city or city and county of this State in which the Attorney General has an office for the recovery of the whole or any part of the amount with respect to which the claim has been disallowed.
Failure to bring action within the time specified constitutes a waiver of any demand against the State on account of alleged overpayments.
(Added by Stats. 1959, Ch. 1988.)
2023 California Code › Fish and Game Code - FGC › DIVISION 6 - FISH › PART 3 - COMMERCIAL FISHING › CHAPTER 1 - Generally › ARTICLE 7.5 - Landing Fees › Section 8067.

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, the claimant may, before the mailing of notice by the department of its action on the claim, consider the claim disallowed and bring an action against the department on the grounds set forth in the claim for the recovery of the whole or any part of the amount claimed as an overpayment.
(Amended by Stats. 2017, Ch. 26, Sec. 30. (SB 92) Effective June 27, 2017.)
2023 California Code › Fish and Game Code - FGC › DIVISION 6 - FISH › PART 3 - COMMERCIAL FISHING › CHAPTER 1 - Generally › ARTICLE 7.5 - Landing Fees › Section 8068.

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 state under this article. The balance of the judgment shall be refunded to the plaintiff.
(Amended by Stats. 2017, Ch. 26, Sec. 31. (SB 92) Effective June 27, 2017.)
2023 California Code › Fish and Game Code - FGC › DIVISION 6 - FISH › PART 3 - COMMERCIAL FISHING › CHAPTER 1 - Generally › ARTICLE 7.5 - Landing Fees › Section 8069.

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 Procedure, upon the amount found to have been illegally collected from the date of payment of the amount to the date of allowance of credit on account of the judgment or to a date preceding the date of the refund warrant by not more than 30 days, the date to be determined by the department.
(Amended by Stats. 1986, Ch. 1049, Sec. 48. Effective September 24, 1986.)
2023 California Code › Fish and Game Code - FGC › DIVISION 6 - FISH › PART 3 - COMMERCIAL FISHING › CHAPTER 1 - Generally › ARTICLE 7.5 - Landing Fees › Section 8070.

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 by or in the name of an assignee of the person paying the amount or by any person other than the person who paid the amount.
(Added by Stats. 1959, Ch. 1988.)
2023 California Code › Fish and Game Code - FGC › DIVISION 6 - FISH › PART 3 - COMMERCIAL FISHING › CHAPTER 1 - Generally › ARTICLE 8 - Reduction Permits › Section 8075.

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.
(Enacted by Stats. 1957, Ch. 456.)
2023 California Code › Fish and Game Code - FGC › DIVISION 6 - FISH › PART 3 - COMMERCIAL FISHING › CHAPTER 1 - Generally › ARTICLE 8 - Reduction Permits › Section 8076.

8076. No reduction of fish shall be permitted which may tend to deplete the species, or result in waste or deterioration of fish.
(Enacted by Stats. 1957, Ch. 456.)
2023 California Code › Fish and Game Code - FGC › DIVISION 6 - FISH › PART 3 - COMMERCIAL FISHING › CHAPTER 1 - Generally › ARTICLE 8 - Reduction Permits › Section 8077.

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 fish resources of the State in the public interest. In making such finding the commission shall take into consideration the interest of the people of the State in the utilization and conservation of the fish supply and all economic and other factors relating thereto, including the efficient and economical operation of reduction plants.
(Enacted by Stats. 1957, Ch. 456.)
2023 California Code › Fish and Game Code - FGC › DIVISION 6 - FISH › PART 3 - COMMERCIAL FISHING › CHAPTER 1 - Generally › ARTICLE 8 - Reduction Permits › Section 8078.

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 commission may extend such a hearing from time to time for a total period of not more than 30 days.
(Enacted by Stats. 1957, Ch. 456.)
2023 California Code › Fish and Game Code - FGC › DIVISION 6 - FISH › PART 3 - COMMERCIAL FISHING › CHAPTER 1 - Generally › ARTICLE 8 - Reduction Permits › Section 8079.

8079. The commission shall, whenever necessary to prevent overexpansion, to insure the efficient and economical operation of reduction plants, or to otherwise carry out the provisions of this article, limit the total number of permits which are granted.
(Enacted by Stats. 1957, Ch. 456.)
2023 California Code › Fish and Game Code - FGC › DIVISION 6 - FISH › PART 3 - COMMERCIAL FISHING › CHAPTER 1 - Generally › ARTICLE 8 - Reduction Permits › Section 8079.1.

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, without notice or a hearing, grant a license to a fish reduction plant to dispose of dead or dying fish. The license may be immediately issued by the director or the director’s representative whenever that person determines, in that person’s discretion, that an emergency situation exists. The estimated tonnage to be reduced shall be specified as a limit in the license.
(Amended by Stats. 2015, Ch. 154, Sec. 89. (AB 1527) Effective January 1, 2016.)
2023 California Code › Fish and Game Code - FGC › DIVISION 6 - FISH › PART 3 - COMMERCIAL FISHING › CHAPTER 1 - Generally › ARTICLE 8 - Reduction Permits › Section 8080.

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.
(Enacted by Stats. 1957, Ch. 456.)
2023 California Code › Fish and Game Code - FGC › DIVISION 6 - FISH › PART 3 - COMMERCIAL FISHING › CHAPTER 1 - Generally › ARTICLE 9 - Limited Entry Fisheries › Section 8100.

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 species of fish is limited by statute or regulation.
(Amended by Stats. 1999, Ch. 483, Sec. 20. Effective January 1, 2000.)
2023 California Code › Fish and Game Code - FGC › DIVISION 6 - FISH › PART 3 - COMMERCIAL FISHING › CHAPTER 1 - Generally › ARTICLE 9 - Limited Entry Fisheries › Section 8101.

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 operative after January 1, 1982, or by regulation that becomes operative after January 1, 1999, regardless of the prescribed conditions for entry into the fishery, if the fisherman presents to the department satisfactory evidence that he or she has been licensed as a California commercial fisherman for at least 20 years and has participated in the fishery for at least one of those 20 years, with qualifying participation in the fishery to be determined by the commission based on landings or other appropriate criteria.
(b) Fishermen who have established eligibility to participate in a limited entry fishery under this section are subject to conditions of continuing eligibility established by statute or regulation if those fishermen desire to maintain their eligibility.
(Amended by Stats. 2000, Ch. 388, Sec. 4.5. Effective January 1, 2001.)
2023 California Code › Fish and Game Code - FGC › DIVISION 6 - FISH › PART 3 - COMMERCIAL FISHING › CHAPTER 1 - Generally › ARTICLE 9 - Limited Entry Fisheries › Section 8102.

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 to participate in the fishery. The Legislature further finds and declares that undocumented, de facto, family partnerships are a longstanding custom in these fisheries. The Legislature further finds and declares that great hardship results when the permittee partner is no longer able to continue working and leaves the other partner without a permit to continue participating in the fishery.
(b) In any limited entry fishery in which permits are allocated to participants in the fishery, and where the death, incapacity, or retirement of a permittee from that fishery would deprive a working partner of the permittee of the ability to continue to derive a livelihood from that fishery, a permit shall be issued, upon application, to one remaining partner.
(c) A working partner for the purposes of this section shall be a spouse, child (including an adopted child), or sibling of the permittee, whose investment or equity need not be proven by documentation, or a person who can prove an investment or equity in the vessel or gear used in the fishery, and who would otherwise have been eligible for a permit and did not obtain one because he or she was working with or was a partner with the permittee.
(d) The working partner shall also provide substantial evidence of an actual physical working participation aboard the vessel supported by the submission of documents filed with the Franchise Tax Board and supported by trip settlement sheets or similar documents that demonstrate earnings from that participation. “Trip settlement sheet” means a document prepared after a vessel has completed a fishing trip which displays the costs incurred, revenues received, and profits paid out. Investment or equity alone does not establish that the person is a working partner.
(e) Those existing working partners other than the family relationships specified in subdivision (c) may, not later than February 1, 1984, declare and prove the working partnership in a manner satisfactory to the department and request that the department state the fact of the working partnership upon the permit. Thereafter, a nonfamily working partnership shall be declared, proved, and noted upon any limited entry permit at the first issuance of the permit.
(f) This article does not apply to permits to take herring for roe in California.
(Amended by Stats. 1988, Ch. 1505, Sec. 2.)
2023 California Code › Fish and Game Code - FGC › DIVISION 6 - FISH › PART 3 - COMMERCIAL FISHING › CHAPTER 1 - Generally › ARTICLE 9 - Limited Entry Fisheries › Section 8103.

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.
(2) Under the law as it existed immediately prior to January 1, 1987, if a member of the permittee’s family has not been actively working in the fishery, the limited entry permit could not be transferred to a member of the family, an action which deprives the family of the opportunity to continue to derive a livelihood from the fishery and which imposes greater hardships.
(3) When there is an accidental death of a limited entry permittee, a transition period is necessary to allow a family member to join the fishery and to become acclimated, knowledgeable, and experienced in the fishery.
(b) Notwithstanding Section 8102, the department shall transfer a permit for a limited entry fishery, upon application, to a parent, spouse, child, or sibling of a permittee whose death was the result of an accident which occurred after January 1, 1986.
(c) Application for the transfer of a permit pursuant to subdivision (b) shall be made on or before January 1, 1987, or not more than one year after the death of the permittee, whichever is later.
(d) The director may authorize another person, when requested by the new permittee, to serve in the place of the new permittee and to engage in fishing activities under the authority of the limited entry permit for not more than two years from the date of the permit transfer.
(e) “Accidental death” means death resulting directly and solely from any of the following:
(1) An accidental injury visible on the surface of the body or disclosed by an autopsy, sustained solely by external, violent, and accidental means.
(2) A disease or infection resulting directly from an accidental injury and beginning within 30 days after the date of the injury.
(3) An accidental drowning.
(Amended by Stats. 1988, Ch. 120, Sec. 1.)
2023 California Code › Fish and Game Code - FGC › DIVISION 6 - FISH › PART 3 - COMMERCIAL FISHING › CHAPTER 1 - Generally › ARTICLE 10 - Far Offshore Fishing › Section 8110.

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 commercial fishermen.
(b) The Legislature further finds and declares that because the conditions which now exist could not be seen at the time of their inception, some existing regulations are now unreasonably restrictive. In some cases, existing statutes and regulations prohibit California fishermen from participating in or landing in California the primary product, or the incidental product, of their effort in the newly developed far offshore fisheries. This situation is detrimental to the interests of the fishermen, the fish processors, and the consumers of California.
(Added by Stats. 1983, Ch. 675, Sec. 1.)
2023 California Code › Fish and Game Code - FGC › DIVISION 6 - FISH › PART 3 - COMMERCIAL FISHING › CHAPTER 1 - Generally › ARTICLE 10 - Far Offshore Fishing › Section 8111.

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 Title 16 of the United States Code.
(Amended by Stats. 1995, Ch. 619, Sec. 1. Effective January 1, 1996.)
2023 California Code › Fish and Game Code - FGC › DIVISION 6 - FISH › PART 3 - COMMERCIAL FISHING › CHAPTER 1 - Generally › ARTICLE 10 - Far Offshore Fishing › Section 8112.

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 operating a commercial fishing vessel registered pursuant to Article 4 (commencing with Section 7880) who took the fish in the far offshore fishery.
(Amended by Stats. 1995, Ch. 619, Sec. 2. Effective January 1, 1996.)
2023 California Code › Fish and Game Code - FGC › DIVISION 6 - FISH › PART 3 - COMMERCIAL FISHING › CHAPTER 1 - Generally › ARTICLE 10 - Far Offshore Fishing › Section 8113.

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 in California that will be taken in the far offshore fishery shall file a declaration with the department on forms prescribed by the department.
(b) The declaration shall be valid when signed by the vessel operator and completed with information prescribed by the department.
(c) Upon completion of the trip and within 12 hours of arrival at a port in this state, the operator of the vessel shall complete and submit the return portion of the declaration to the department.
(d) This section does not apply to any commercial fisherman using or possessing only troll lines, as defined in subdivision (b) of Section 9025.5, or gear for angling, as defined in Section 15, for the taking or possession of albacore only.
(Amended by Stats. 2002, Ch. 573, Sec. 2. Effective January 1, 2003.)
2023 California Code › Fish and Game Code - FGC › DIVISION 6 - FISH › PART 3 - COMMERCIAL FISHING › CHAPTER 1 - Generally › ARTICLE 10 - Far Offshore Fishing › Section 8114.

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 200-mile exclusive economic zone during any trip for which the operator filed a declaration with the department to fish in the far offshore fishery.
(Amended by Stats. 1995, Ch. 619, Sec. 5. Effective January 1, 1996.)
2023 California Code › Fish and Game Code - FGC › DIVISION 6 - FISH › PART 3 - COMMERCIAL FISHING › CHAPTER 1 - Generally › ARTICLE 11 - High Seas Interception of Salmon › Section 8120.

8120. The definitions in this section govern the construction of this article:
(a) “Environmental purpose” means the intent to prevent or minimize adverse ecological effects to water quality.
(b) “High seas interception” means the unauthorized taking of salmon for commercial purposes outside the United States 200-mile fishery conservation zone. “Unauthorized” means contrary to a statute or regulation of the United States or this state or to a treaty or international fishery agreement, or in violation of a foreign law.
(c) “Humanitarian purpose” means the intent to provide medical services for a sick or injured person, or to prevent the loss of human life.
(d) “Process” means affecting the condition or location of salmon, including preparation, packaging, storage, refrigeration, or transportation.
(e) “Written instrument” means hand written or printed matter, including vessels’ logs and papers, bills of lading and sale, documents relating to processing, shipping, and customs, and information stamped on or affixed to cans, crates, containers, freight, or other means of storage or packaging.
(Added by Stats. 1990, Ch. 745, Sec. 2.)
2023 California Code › Fish and Game Code - FGC › DIVISION 6 - FISH › PART 3 - COMMERCIAL FISHING › CHAPTER 1 - Generally › ARTICLE 11 - High Seas Interception of Salmon › Section 8121.

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 possess salmon, with the knowledge that the salmon has been, or will be, obtained by high seas interception.
(b) To knowingly provide financing, premises, equipment, supplies, services, power, or fuel used to buy, sell, trade, process, or possess salmon that has been, or will be, obtained by high seas interception.
(c) Act as a broker or middleman, or otherwise act on behalf of another person, to arrange for or negotiate, or attempt to arrange for or negotiate, the purchase, sale, trade, processing, or possession of salmon, with the knowledge that the salmon has been, or will be, obtained by high seas interception.
(Added by Stats. 1990, Ch. 745, Sec. 2.)
2023 California Code › Fish and Game Code - FGC › DIVISION 6 - FISH › PART 3 - COMMERCIAL FISHING › CHAPTER 1 - Generally › ARTICLE 11 - High Seas Interception of Salmon › Section 8122.

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 misleading or untrue information about the ownership, possession, processing, origin, destination, route of shipping, type, or condition of salmon, or the time, place, and manner of the taking of the salmon.
(Added by Stats. 1990, Ch. 745, Sec. 2.)
2023 California Code › Fish and Game Code - FGC › DIVISION 6 - FISH › PART 3 - COMMERCIAL FISHING › CHAPTER 1 - Generally › ARTICLE 11 - High Seas Interception of Salmon › Section 8123.

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 high seas interception of salmon, it is unlawful for that person to do any of the following:
(1) Move persons, cargo, or other property to or from the vessel.
(2) Service or repair the vessel or its equipment.
(3) Provide the vessel with power, supplies, equipment, or fuel.
(4) Provide the vessel with information, other than weather reports, capable of aiding the high seas interception of salmon or frustrating or avoiding detection, including communicating the movements, intentions, or activities of state or federal law enforcement officials or other fishing vessels.
(5) Permit the vessel to dock or anchor, or to remain docked or anchored, if that person is responsible for the operation of the facility, harbor, or anchorage.
(b) This section does not prohibit any person from performing any act or acts set forth in subdivision (a), if that person reasonably believes that the act or acts were necessary for humanitarian or environmental purposes or to prevent a significant loss of property, if that person provides immediate notice, by the quickest available means, to the United States Coast Guard, the department, or any law enforcement agency as to the type of assistance provided and the circumstances involved.
(Added by Stats. 1990, Ch. 745, Sec. 2.)
2023 California Code › Fish and Game Code - FGC › DIVISION 6 - FISH › PART 3 - COMMERCIAL FISHING › CHAPTER 1 - Generally › ARTICLE 12 - Commercial Fisheries Capacity Reduction Program › Section 8125.

8125. There is hereby established the Commercial Fisheries Capacity Reduction Account in the Fish and Game Preservation Fund. Fees collected pursuant to Section 8126 shall be deposited into the account. Money in the account shall be used to repay the California fishermen’s share of any federal loans used in the federal West Coast Groundfish Fishery Capacity Reduction Program (Sec. 212, P.L. 107-206). The commission may establish, by regulation, any additional program elements necessary to conform state law to federal law, in order to allow California groundfish fishermen to fully participate in the federally established buy-back program for the Pacific groundfish fishery.
(Added by Stats. 2003, Ch. 514, Sec. 1. Effective January 1, 2004.)
2023 California Code › Fish and Game Code - FGC › DIVISION 6 - FISH › PART 3 - COMMERCIAL FISHING › CHAPTER 1 - Generally › ARTICLE 12 - Commercial Fisheries Capacity Reduction Program › 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 Fishery Capacity Reduction Program. In establishing the fee, the commission shall also consider the administrative cost associated with collecting these fees.
(Added by Stats. 2003, Ch. 514, Sec. 1. Effective January 1, 2004.)
2023 California Code › Fish and Game Code - FGC › DIVISION 6 - FISH › PART 3 - COMMERCIAL FISHING › CHAPTER 2 - Particular Varieties of Fish › ARTICLE 1 - General Season › Section 8140.

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, may be taken at any time for commercial purposes.
(Amended by Stats. 1998, Ch. 1052, Sec. 13. 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 2 - Sardines › Section 8150.5.

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 or use of sardines imported into this state under a bill of lading identifying the country of origin.
(c) Imported sardines may be used for dead bait under regulations adopted by the commission.
(Amended by Stats. 2000, Ch. 388, Sec. 5. Effective January 1, 2001.)
2023 California Code › Fish and Game Code - FGC › DIVISION 6 - FISH › PART 3 - COMMERCIAL FISHING › CHAPTER 2 - Particular Varieties of Fish › ARTICLE 2 - Sardines › Section 8150.7.

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 the sardine resource in conformance with the federal fishery regulations as recommended by the Pacific Fishery Management Council and as adopted by the Secretary of Commerce.
(Amended by Stats. 2000, Ch. 388, Sec. 6. Effective January 1, 2001.)
2023 California Code › Fish and Game Code - FGC › DIVISION 6 - FISH › PART 3 - COMMERCIAL FISHING › CHAPTER 2 - Particular Varieties of Fish › ARTICLE 2 - Sardines › Section 8154.

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 those sardines pursuant to Section 8043.
(Added by Stats. 1989, Ch. 858, Sec. 4.)
2023 California Code › Fish and Game Code - FGC › DIVISION 6 - FISH › PART 3 - COMMERCIAL FISHING › CHAPTER 2 - Particular Varieties of Fish › ARTICLE 3 - Anchovies › Section 8180.

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 human consumption in a fresh state, or, by contract with the department, for hatchery food, not to exceed 500 tons per year.
(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 3 - Anchovies › Section 8181.

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 of that line in any waters, may be possessed, transported, sold, or otherwise dealt with in any district or part of a district south of that line.
(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 3 - Anchovies › Section 8182.

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 it by displaying on an exposed part of the superstructure, amidships on each side and on top of the house visible from the air, the department registration number of the boat, in 14-inch black numerals on white background.
(Amended by Stats. 2015, Ch. 154, Sec. 90. (AB 1527) Effective January 1, 2016.)
2023 California Code › Fish and Game Code - FGC › DIVISION 6 - FISH › PART 3 - COMMERCIAL FISHING › CHAPTER 2 - Particular Varieties of Fish › ARTICLE 3 - Anchovies › Section 8183.

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.
(2) Not more than 60 tons of anchovies may be taken between May 1 and December 1 of each year.
(3) Only bait nets, as defined in Section 8780, shall be used to take anchovy.
(4) Any game fish caught incidentally in bait nets shall be released by use of a hand scoop net or by dipping the cork line.
(b) An accurate record of all fishing operations shall be kept and is subject to inspection by the department.
(c) The commission may adopt regulations it determines are necessary to protect anchovy in Humboldt Bay, including, if applicable and based on credible science, a regulation that changes the permitted take amount established pursuant to paragraph (2) of subdivision (a).
(Amended by Stats. 2018, Ch. 985, Sec. 5. (SB 1309) Effective January 1, 2019.)
2023 California Code › Fish and Game Code - FGC › DIVISION 6 - FISH › PART 3 - COMMERCIAL FISHING › CHAPTER 2 - Particular Varieties of Fish › ARTICLE 3 - Anchovies › Section 8190.

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 that end, the department shall conduct, or have others conduct, annual anchovy egg-larvae surveys or any other annual surveys, research, and analyses necessary to insure that an accurate biomass estimate is made.
(b) This section shall become operative, and activities shall be carried out pursuant to this section only in the event, and to the extent, that funding is made available for such activities by the federal government.
(Added by Stats. 1978, Ch. 897.)
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 8210.2.

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 salmon stamp only in Districts 6, 7, 10, 11, 16, 17, 18, and 19. All species of salmon, except silver salmon, may be taken only between April 15 and September 30. Silver salmon may be taken only between May 15 and September 30. No king salmon may be possessed that is less than 26 inches in length and no silver salmon may be possessed that is less than 22 inches. The length of salmon is to be measured from the tip of the snout to the extreme tip of the tail without resorting to any force other than swinging or fanning the tail. Salmon may be taken for commercial purposes only by hook and line and there is no bag limit.
(Amended by Stats. 1988, Ch. 1009, Sec. 1.5.)
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 8213.

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 commission.
(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 8214.

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 south of a line drawn due west for three nautical miles from the center of the mouth of that bay.
(Enacted by Stats. 1957, Ch. 456.)