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 9.1 - Sea Cucumbers › Section 8405.1.

8405.1.
(a) Applicants for a sea cucumber permit shall specify by gear type, either trawl or dive, the method in which the applicant intends to take sea cucumbers. The gear type of a sea cucumber permit, either trawl or dive, shall not be transferable.
(b) The fee for a sea cucumber permit shall be two hundred fifty dollars ($250).
(c) Each permittee shall complete and submit an accurate record of all sea cucumber fishing activities on forms provided by the department.
(d) In order to renew a sea cucumber permit for any permit year, an applicant shall have been issued a sea cucumber permit in the immediately preceding permit year. Applications for renewal of a sea cucumber permit shall be received by the department or, if mailed, postmarked, by April 30 of the permit year.
(Amended by Stats. 2004, Ch. 431, Sec. 15. Effective January 1, 2005. Inoperative April 1, 2030. Repealed as of January 1, 2031, pursuant to Section 8405.4.)
2023 California Code › Fish and Game Code - FGC › DIVISION 6 - FISH › PART 3 - COMMERCIAL FISHING › CHAPTER 2 - Particular Varieties of Fish › ARTICLE 9.1 - Sea Cucumbers › Section 8405.2.

8405.2. (a) A valid sea cucumber permit may be transferred by the permittee if the permittee has previously held a valid sea cucumber permit for any four permit years and landed at least 100 pounds of sea cucumbers in each of those permit years, as documented by electronic fish tickets with the name of the permittee shown on the receipts.
(b) A valid sea cucumber permit that has not been suspended or revoked may be transferred only to a person who has a valid commercial fishing license issued pursuant to Section 7852, that has not been suspended or revoked. A sea cucumber permit shall not be transferred to a person who has had a sea cucumber permit suspended or revoked while the suspension or revocation is in effect.
(c) An application for transfer of a permit shall be in the form of a notarized letter and shall be submitted to the department, with reasonable proof as the department may require to establish the qualifications of the permitholder and the person the permit is to be transferred to, accompanied by payment to the department of a nonrefundable transfer fee of two hundred dollars ($200). The transfer shall take effect on the date notice of approval of the application is given to the transferee by the department. The sea cucumber permit shall be valid for the remainder of the permit year and may be renewed in subsequent years.
(d) A sea cucumber trawl permit may be transferred to a qualified person as provided in subdivisions (b) and (c) to take sea cucumbers by diving or by use of trawl nets. A sea cucumber dive permit may be transferred to a qualified person as provided in subdivisions (b) and (c) only to take sea cucumbers by diving. The transferee shall specify the gear type, either trawl or dive, that the transferee intends to use to take sea cucumbers. The gear type of the sea cucumber permit, either trawl or dive, shall not be transferable.
(e) (1) Upon the death of a sea cucumber permitholder, the deceased person’s sea cucumber dive or trawl permit may be transferred by their heirs, assignees, or estate to a qualified person as provided in subdivision (b), upon payment of the fee described in subdivision (c), and in accordance with subdivisions (a) and (d). The estate of the decedent may transfer the permit pursuant to this chapter no later than two years from the date of death of the permitholder, as listed on the death certificate.
(2) For purposes of a transfer under this subdivision, the heirs, assignees, or estate shall renew the permit as specified in Section 8405.1 to keep the permit valid until transferred.
(Amended by Stats. 2023, Ch. 876, Sec. 15. (SB 500) Effective January 1, 2024. Inoperative April 1, 2030. Repealed as of January 1, 2031, pursuant to Section 8405.4.)
2023 California Code › Fish and Game Code - FGC › DIVISION 6 - FISH › PART 3 - COMMERCIAL FISHING › CHAPTER 2 - Particular Varieties of Fish › ARTICLE 9.1 - Sea Cucumbers › Section 8405.3.

8405.3. (a) The commission, upon recommendation of the department or upon its own motion and in consultation with the sea cucumber fishing industry, may adopt regulations, including provisions governing seasons, gear restrictions, hours of operation, and any other measures that it determines may reasonably be necessary to protect the sea cucumber resource and to assure a sustainable sea cucumber fishery or to enhance enforcement activities.
(b) The number of sea cucumber permits issued for the April 1, 1997, to March 31, 1998, inclusive, permit year shall constitute the maximum number of permits available for all subsequent permit years for the sea cucumber fishery. The department may establish by regulation a method, if necessary, to reissue any sea cucumber permit not renewed or transferred. The permit type of a sea cucumber permit, either trawl or dive, that is reissued shall not be transferable.
(c) The commission may permanently revoke the sea cucumber permit of any person convicted of the unlawful taking of any California halibut while operating pursuant to a sea cucumber permit. The commission may revoke the sea cucumber permit of any person convicted of any other violation of this code or regulation adopted pursuant thereto while operating pursuant to a sea cucumber permit. Any revocation of a permit pursuant to this subdivision shall be in addition to any action the department may take pursuant to Section 12000.
(d) Subsequent to the 1997–98 permit year, the department, using existing funds, may determine the actual costs to the department of enforcing this article. The commission, upon recommendation of the department, may adjust the fee for the issuance or transfer of a permit to an amount not to exceed three hundred fifty dollars ($350), to reflect the actual cost of enforcing this article.
(Added by Stats. 1996, Ch. 585, Sec. 2. Effective January 1, 1997. Inoperative April 1, 2030. Repealed as of January 1, 2031, pursuant to Section 8405.4.)
2023 California Code › Fish and Game Code - FGC › DIVISION 6 - FISH › PART 3 - COMMERCIAL FISHING › CHAPTER 2 - Particular Varieties of Fish › ARTICLE 9.1 - Sea Cucumbers › Section 8405.4.

8405.4. This article shall become inoperative on April 1, 2030, and as of January 1, 2031, is repealed.
(Amended by Stats. 2019, Ch. 472, Sec. 29. (SB 262) Effective January 1, 2020. Inoperative April 1, 2030. Repealed as of January 1, 2031, by its own provisions. Note: Termination clause affects Article 9.1, commencing with Section 8405.)
2023 California Code › Fish and Game Code - FGC › DIVISION 6 - FISH › PART 3 - COMMERCIAL FISHING › CHAPTER 2 - Particular Varieties of Fish › ARTICLE 9.5 - Pacific Mackerel › Section 8411.

8411. The department shall manage the Pacific mackerel 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. 12. 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 9.5 - Pacific Mackerel › Section 8412.

8412. Pacific mackerel may be taken under a revocable nontransferable permit issued by the department to boat owners or operators under conditions prescribed by the department.
(Amended by Stats. 2000, Ch. 388, Sec. 13. 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 9.7 - Market Squid › Section 8420.

8420. (a) The Legislature finds and declares that the fishery for market squid (Loligo opalescens) is the state’s largest fishery by volume, generating millions of dollars of income to the state annually from domestic and foreign sales. In addition to supporting an important commercial fishery, the market squid resource is important to the recreational fishery and is forage for other fish taken for commercial and recreational purposes, as well as for marine mammals, birds, and other marine life. The growing international market for squid and declining squid production from other parts of the world has resulted in an increased demand for California market squid, which, in turn, has led to newer, larger, and more efficient vessels entering the fishery and increased processing capacity.
(b) The Legislature finds that the lack of research on market squid and the lack of annual at-sea surveys to determine the status of the resource, combined with the increased demand for, and fishing effort on, market squid could result in overfishing of the resource, damaging the resource, and financially harming those persons engaged in the taking, landing, processing, and sale of market squid.
(c) The Legislature further finds that some individuals, vessels, and processing plants engaged in the market squid fishery have no other viable alternative fisheries available to them and that a decline or a loss of the market squid resource would cause economic devastation to the individuals or corporations engaged in the market squid fishery.
(d) The Legislature declares that to prevent excessive fishing effort in the market squid fishery and to develop a plan for the sustainable harvest of market squid, it is necessary to adopt and implement a fishery management plan for the California market squid fishery that sustains both the squid population and the marine life that depends on squid.
(e) The Legislature finds that a sustainable California market squid fishery can best be ensured through ongoing oversight and management of the fishery by the commission. With regard to the market squid fishery, the Legislature urges that any limited entry component of a fishery management plan, if necessary, should be adopted for the primary purpose of protecting the resource and not simply for the purpose of diminishing or advancing the economic interests of any particular individual or group.
(Amended by Stats. 2001, Ch. 318, Sec. 1. Effective January 1, 2002.)
2023 California Code › Fish and Game Code - FGC › DIVISION 6 - FISH › PART 3 - COMMERCIAL FISHING › CHAPTER 2 - Particular Varieties of Fish › ARTICLE 9.7 - Market Squid › Section 8424.

8424. (a) No person shall purchase squid from a vessel or vessels unless that person holds a license issued pursuant to Section 8032 or 8033, employs a certified weighmaster, and the facilities operated by the person are located on a permanent, fixed location.
(b) Notwithstanding any other provision of law, this section shall not apply to the transfer at sea of squid for live bait in an amount less than 200 pounds in a calendar day.
(Added by Stats. 1997, Ch. 785, Sec. 1. Effective January 1, 1998.)
2023 California Code › Fish and Game Code - FGC › DIVISION 6 - FISH › PART 3 - COMMERCIAL FISHING › CHAPTER 2 - Particular Varieties of Fish › ARTICLE 9.7 - Market Squid › Section 8425.

8425. (a) On or before December 31, 2002, the commission, after consideration of the report and recommendations prepared by the department pursuant to subdivision (c) of Section 8426, and, after public hearings, shall adopt a market squid fishery management plan and regulations to protect the squid resource and manage the squid fishery at a level that sustains healthy squid populations, taking into account the level of fishing effort and ecological factors, including, but not limited to, the species’ role in the marine ecosystem and oceanic conditions. The management plan shall be consistent with the requirements of Part 1.7 (commencing with Section 7050). Development of the plan shall be coordinated with the federal Coastal Pelagic Species Fishery Management Plan.
(b) On and after January 1, 2002, the commission shall manage the squid fishery in accordance with the requirements of Part 1.7 (commencing with Section 7050).
(Repealed and added by Stats. 2001, Ch. 318, Sec. 4. Effective January 1, 2002.)
2023 California Code › Fish and Game Code - FGC › DIVISION 6 - FISH › PART 3 - COMMERCIAL FISHING › CHAPTER 2 - Particular Varieties of Fish › ARTICLE 9.7 - Market Squid › Section 8428.

8428. Commencing April 1, 2003, and annually thereafter, the fees for a commercial market squid vessel permit and for a commercial squid light boat owner’s permit shall be established by the commission. The total amount of fees collected pursuant to this section, including any revenue derived from any other appropriate source, as determined and allocated by the commission, shall not exceed the department’s and the commission’s costs for managing the market squid fishery pursuant to Section 8425. The fees collected pursuant to this article shall be used only for the management of the market squid fishery pursuant to Section 8425.
(Repealed and added by Stats. 2001, Ch. 318, Sec. 6. Effective January 1, 2002.)
2023 California Code › Fish and Game Code - FGC › DIVISION 6 - FISH › PART 3 - COMMERCIAL FISHING › CHAPTER 2 - Particular Varieties of Fish › ARTICLE 9.7 - Market Squid › Section 8429.

8429. (a) Any statement made to the department, orally or in writing, relating to a permit issued under this article, shall be made under penalty of perjury.
(b) The commission shall revoke the commercial fishing license, the commercial boat registration of any vessel, and, if applicable, any licenses issued pursuant to Section 8032, 8033, or 8034 that are held by any person submitting material false statements, as determined by the commission, for the purpose of obtaining a commercial market squid vessel permit or a commercial squid light boat owner’s permit.
(Amended by Stats. 2023, Ch. 132, Sec. 159. (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 9.7 - Market Squid › Section 8429.5.

8429.5. Notwithstanding any other provision of law, nothing in this article shall prohibit or otherwise limit the authority of the director or the commission under any other law.
(Added by Stats. 1997, Ch. 785, Sec. 1. Effective January 1, 1998.)
2023 California Code › Fish and Game Code - FGC › DIVISION 6 - FISH › PART 3 - COMMERCIAL FISHING › CHAPTER 2 - Particular Varieties of Fish › ARTICLE 9.7 - Market Squid › Section 8429.7.

8429.7. Sections 8420.5 to 8423.5, inclusive, and Sections 8426 and 8427 shall become inoperative upon the adoption by the commission of a market squid fishery management plan and the adoption of implementing regulations pursuant to Section 8425, and are repealed six months thereafter.
(Repealed and added by Stats. 2001, Ch. 318, Sec. 9. Effective January 1, 2002. Note: Termination clause affected Sections 8420.5, 8421, 8421.5, 8422, 8423, 8423.5, 8426, and 8427.)
2023 California Code › Fish and Game Code - FGC › DIVISION 6 - FISH › PART 3 - COMMERCIAL FISHING › CHAPTER 2 - Particular Varieties of Fish › ARTICLE 10 - Fresh-water Fish Generally › Section 8430.

8430. Except as otherwise provided in this article, it is unlawful to sell or purchase any species of trout.
(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 10 - Fresh-water Fish Generally › Section 8431.

8431. Dolly Varden or steelhead trout from without the State may be possessed and sold within the State when they are inspected and tagged in accordance with regulations prescribed by the commission. The cost of such inspection and tagging shall be paid by the person submitting the trout for such inspection and tagging.
(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 10 - Fresh-water Fish Generally › Section 8432.

8432. Steelhead trout from without the State may not be sold or possessed in District 1
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in excess of the daily bag limit on steelhead trout for that district.
(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 10 - Fresh-water Fish Generally › Section 8433.

8433. Nothing in this article applies to trout grown pursuant to Division 12 (commencing with Section 15000).
(Amended by Stats. 1982, Ch. 1486, Sec. 21.)
2023 California Code › Fish and Game Code - FGC › DIVISION 6 - FISH › PART 3 - COMMERCIAL FISHING › CHAPTER 2 - Particular Varieties of Fish › ARTICLE 10 - Fresh-water Fish Generally › Section 8434.

8434. It is unlawful to sell or purchase any fresh, canned, or cured fish taken in the Klamath River District or in the waters of the Smith River.
(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 10 - Fresh-water Fish Generally › Section 8435.

8435. No catfish may be sold, except catfish imported from without the state or catfish grown pursuant to Division 12 (commencing with Section 15000).
(Amended by Stats. 1982, Ch. 1486, Sec. 22.)
2023 California Code › Fish and Game Code - FGC › DIVISION 6 - FISH › PART 3 - COMMERCIAL FISHING › CHAPTER 2 - Particular Varieties of Fish › ARTICLE 10 - Fresh-water Fish Generally › Section 8436.

8436. Except as provided in Section 8436.5, fish of the family Centrarchidae (Sacramento perch, crappie, black bass, and sunfish) shall not be taken or possessed for commercial purposes, sold, or purchased, other than fish that are cultured pursuant to Division 12 (commencing with Section 15000).
(Amended by Stats. 2007, Ch. 328, Sec. 5. 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 10 - Fresh-water Fish Generally › Section 8436.5.

8436.5. Notwithstanding Section 8436, the commission shall adopt regulations which authorize the importation and sale of dead fish of the family Centrarchidae if the fish have been lawfully taken outside of California, they have been taken in another state or foreign country that permits their sale, and they are brought into California with a bill of lading or similar accountable documentation specifying the origin of the fish.
(Added by Stats. 1986, Ch. 763, Sec. 5. Effective September 15, 1986.)
2023 California Code › Fish and Game Code - FGC › DIVISION 6 - FISH › PART 3 - COMMERCIAL FISHING › CHAPTER 2 - Particular Varieties of Fish › ARTICLE 10 - Fresh-water Fish Generally › Section 8437.

8437. The following freshwater fish may be taken for commercial purposes pursuant to regulations adopted by the commission:
(a) Threadfin shad (Dorosoma petenense).
(b) Species of the following families:
(1) Lamprey (Petromyzontidae).
(2) Smelt (Osmeridae).
(3) Sucker (Catostomidae).
(4) Carp or minnow (Cyprinidae).
(5) Killifish (Cyprinodontidae).
(6) Livebearer (Peociliidae).
(7) Silverside (Antherinidae).
(8) Cichlid (Cichlidae).
(9) Mullet (Mudilidae).
(10) Sculpin (Cottidae).
(11) Stickleback (Casterosteidae).
(12) Goby (Gobiidae).
(Added by Stats. 1980, Ch. 271, Sec. 1.)
2023 California Code › Fish and Game Code - FGC › DIVISION 6 - FISH › PART 3 - COMMERCIAL FISHING › CHAPTER 2 - Particular Varieties of Fish › ARTICLE 10 - Fresh-water Fish Generally › Section 8437.1.

8437.1. The commission may authorize the use of commercial fishing gear and fishing methods to take any fish listed in Section 8437 in those areas of the state otherwise closed to that use pursuant to this code.
(Added by Stats. 1988, Ch. 360, Sec. 1.)
2023 California Code › Fish and Game Code - FGC › DIVISION 6 - FISH › PART 3 - COMMERCIAL FISHING › CHAPTER 2 - Particular Varieties of Fish › ARTICLE 10 - Fresh-water Fish Generally › Section 8438.

8438. Notwithstanding Section 200, the commission shall regulate the taking of freshwater clams for commercial purposes.
(Added by renumbering Section 8475 by Stats. 2023, Ch. 132, Sec. 160. (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 11 - Fresh-water Fish for Bait › Section 8460.

8460. Any person engaged for profit in the taking, transporting, or selling of live fresh-water fish for bait shall first obtain from the department a live fresh-water bait fish license to possess the fish for those purposes. The commission may prescribe regulations governing these licenses.
A license shall be issued for a calendar year, or, if issued after the beginning of such term, for the remainder thereof, and may be revoked for a violation of the terms thereof.
Such a license is not required for the raising, possession, or sale of live fresh-water fish for bait under authority of Division 12 (commencing with Section 15000).
The provisions of this code on commercial fishing, packing, or processing licenses, on reports by persons engaged in the commercial fish industry, and on statements required by owners or operators of fishing boats, do not apply to the taking, transporting, or selling of live fresh-water fish for bait.
(Amended by Stats. 1983, Ch. 1300, Sec. 11.)
2023 California Code › Fish and Game Code - FGC › DIVISION 6 - FISH › PART 3 - COMMERCIAL FISHING › CHAPTER 2 - Particular Varieties of Fish › ARTICLE 11 - Fresh-water Fish for Bait › Section 8461.

8461.  The annual license fee for a live freshwater bait fish license is fifty-five dollars ($55) for each person.
(Amended by Stats. 1992, Ch. 701, Sec. 33. Effective September 15, 1992. Operative January 1, 1993, by Sec. 72 of Ch. 701.)
2023 California Code › Fish and Game Code - FGC › DIVISION 6 - FISH › PART 3 - COMMERCIAL FISHING › CHAPTER 2 - Particular Varieties of Fish › ARTICLE 11 - Fresh-water Fish for Bait › Section 8462.

8462. A license issued under Section 8460 shall authorize the taking of only golden shiners, fathead minnows and such other species as the department may designate, under such regulations as the commission may prescribe. The commission may prohibit in any part or all parts of the State the possession alive of any species of fish which it considers a potential threat to the fisheries of the State by reason of possible escape and establishment.
(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 11 - Fresh-water Fish for Bait › Section 8463.

8463. Traps not over 24 inches in greatest length nor more than 12 inches in greatest depth or width, or seines of not over
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-inch mesh stretched measure and not more than 4 x 30 feet in size, may be used for the taking of fish of the carp and minnow family (family Cyprinidae), suckers (family Catostomidae), sculpins (family Cottidae), or mosquito fish (genus Gambusia). Such traps may be used only in lakes and impounded waters. Such seines may be used only in lakes, impounded waters, and conduits.
Fish taken as provided in this section may be sold only as bait. Fish other than those named in this section that may be taken in such traps or seines shall be released and returned unharmed to the water wherein taken.
(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 12 - Crayfish › Section 8490.

8490. The taking of crayfish shall be subject to regulations as prescribed by the commission.
(Added by renumbering Section 8491 by Stats. 2013, Ch. 226, Sec. 2. (AB 165) Effective January 1, 2014.)
2023 California Code › Fish and Game Code - FGC › DIVISION 6 - FISH › PART 3 - COMMERCIAL FISHING › CHAPTER 2 - Particular Varieties of Fish › ARTICLE 12 - Crayfish › Section 8491.

8491. (a) Any allowance for the commercial taking of crayfish in Lake Tahoe or in the Lake Tahoe Basin shall be for the primary purpose of population reduction and control of the signal crayfish, an invasive species. The commercial taking of crayfish may be allowed only to the extent that it is consistent with state goals for management of invasive species and other environmental standards, including an environmental analysis conducted by the Tahoe Regional Planning Agency or another appropriate lead agency for each proposed individual harvest operation.
(b) The commission shall ensure that, with respect to the taking of crayfish for commercial purposes in Lake Tahoe or in the Lake Tahoe Basin, the commission’s regulations are consistent with the Lake Tahoe Region Aquatic Invasive Species Management Plan, as amended.
(Added by Stats. 2013, Ch. 226, Sec. 3. (AB 165) Effective January 1, 2014.)
2023 California Code › Fish and Game Code - FGC › DIVISION 6 - FISH › PART 3 - COMMERCIAL FISHING › CHAPTER 2 - Particular Varieties of Fish › ARTICLE 12 - Crayfish › Section 8492.

8492. The department shall take the steps it determines are necessary to prevent overfishing of crayfish in the Sacramento-San Joaquin Delta. Those steps may include, but are not limited to, submitting to the Legislature proposed legislation to place limitations on the commercial crayfishing in that area.
(Added by Stats. 1990, Ch. 528, Sec. 2.)
2023 California Code › Fish and Game Code - FGC › DIVISION 6 - FISH › PART 3 - COMMERCIAL FISHING › CHAPTER 2 - Particular Varieties of Fish › ARTICLE 13 - Halibut Trawl Grounds › Section 8496.

8496. (a) Unless otherwise specified by the commission pursuant subdivision (b), within the California halibut trawl grounds the following requirements shall apply to the use of trawl nets:
(1) Open season and hours of operation shall be as follows:
(A) Open season shall be June 16 to March 14, inclusive.
(B) In the designated halibut trawl grounds within Monterey Bay and offshore of Port San Luis, trawl fishing gear may only be deployed to capture fish between sunrise and sunset.
(2) California halibut shall only be taken pursuant to Section 8392.
(3) Not more than 500 pounds of fish other than California halibut may be possessed, except that any amount of sea cucumbers may be possessed by a person who holds a valid sea cucumber permit and who meets any conditions adopted by the commission pursuant to Section 8405.3, and any amount of sharks, skates, or rays for which the take or possession of that species is not otherwise prohibited by this code may be taken or possessed.
(4) It is unlawful to operate a trawl net in a way that damages or destroys other types of fishing gear that is buoyed or otherwise visibly marked.
(5) Sections 8833 and 8836 do not apply to trawl nets when used or possessed on California halibut trawl grounds.
(6) Trawl nets described in Section 8843 shall only be used within the halibut trawl grounds.
(7) Single bags and cod-ends or double bags and cod-ends may be used within the halibut trawl grounds and may be possessed while a vessel is in transit directly to the halibut trawl grounds or returning directly to port. Double bags shall be hung and tied to each rib line so that the knots of each layer coincide, knot for knot, for the full length of the double layers. The double mesh section shall not measure over 25 meshes or 12 feet in length, whichever is greater. The individual meshes in the double section shall measure not less than seven and one-half inches in length.
(8) No net, whose cod-end meshes are less than prescribed in this section, may be possessed on any vessel that is operating under the authority of this section.
(b) The commission may reduce the length of the open season or hours of operation, or either of those, specified in paragraph (1) of subdivision (a). The commission may also modify any of the requirements of paragraphs (2) to (8), inclusive, of subdivision (a) to make those requirements more restrictive.
(Amended by Stats. 2018, Ch. 985, Sec. 9. (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 13 - Halibut Trawl Grounds › Section 8497.

8497. If the director determines that the California halibut resource, or existing fishing operations, within the designated California halibut trawl grounds are in danger of irreparable injury, he or she may order the closure of the area, or portions thereof, to trawl net fishing or further restrict the nets that may be used in the area, or portions thereof. Any such closure or restriction order shall be adopted by emergency regulation in accordance with Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code.
The department shall bring to the attention of the Legislature within 30 calendar days after commencement of the next succeeding regular session of the Legislature any regulation adopted pursuant to this section.
(Amended by Stats. 1983, Ch. 101, Sec. 38.)
2023 California Code › Fish and Game Code - FGC › DIVISION 6 - FISH › PART 3 - COMMERCIAL FISHING › CHAPTER 2 - Particular Varieties of Fish › ARTICLE 14 - Tidal Invertebrates › Section 8500.

8500. Except as otherwise expressly permitted in this chapter, no mollusks, crustaceans, or other invertebrates may be taken, possessed aboard a boat, or landed for commercial purposes by any person in any tide pool or tidal area, including tide flats or other areas between the high tidemark and 1,000 feet beyond the low tidemark, unless a valid tidal invertebrate permit has been issued to that person that has not been suspended or revoked. The taking, possessing, or landing of mollusks, crustaceans, or other invertebrates pursuant to this section shall be subject to regulations adopted by the commission.
(Amended by Stats. 1996, Ch. 870, Sec. 37. 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 14.5 - Krill › Section 8510.

8510. It is unlawful to take or land krill of any species of euphausiid for any purpose except scientific research pursuant to regulations adopted by the commission. This section applies to krill in the waters of this state and up to 200 miles offshore, as long as federal law does not regulate the taking of krill.
(Amended by Stats. 2003, Ch. 218, 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 15 - Herring › Section 8550.

8550. Herring may be taken for commercial purposes only under a permit, subject to regulations adopted by the commission. The commission may, whenever necessary to prevent overutilization, to ensure efficient and economic operation of the fishery, or to otherwise carry out this article, limit the total number of permits that are issued and the amount of herring that may be taken under the permits.
The commission, in limiting the total number of permits, shall take into consideration any restriction of the fishing area and the safety of others who, for purposes other than fishing, use the waters from which herring are taken.
(Amended by Stats. 1996, Ch. 870, Sec. 38. 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 15 - Herring › Section 8550.5.

8550.5. (a) A herring net permit granting the privilege to take herring with nets for commercial purposes shall be issued to licensed commercial fishermen, subject to regulations adopted under Section 8550, as follows:
(1) To any resident of this state to use gill nets, upon payment of a fee of two hundred sixty-five dollars ($265).
(2) To any nonresident to use gill nets, upon payment of a fee of one thousand dollars ($1,000).
(b) The commission shall not require a permit for a person to be a crewmember on a vessel taking herring pursuant to this article.
(Amended by Stats. 2000, Ch. 388, Sec. 17. 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 15 - Herring › Section 8552.

8552. (a)  It is unlawful to take herring for roe on a vessel unless the operator holds a herring permit issued by the department pursuant to commission regulations. The permit may be transferred pursuant to Sections 8552.2 and 8552.6.
(b) No person may be issued more than one herring permit, and the department shall not issue a herring permit to more than one person except as provided in Section 8552.6.
(c) Herring permits shall only be issued to and shall be held only by a natural person.
(d) Herring permits shall not be used as any form of security for any purpose, including, but not limited to, financial or performance obligations.
(e) The permittee shall be on board the vessel at all times during herring fishing operations, subject only to exceptions provided for in this code and regulations adopted under this code.
(Amended by Stats. 1988, Ch. 1505, Sec. 3.)
2023 California Code › Fish and Game Code - FGC › DIVISION 6 - FISH › PART 3 - COMMERCIAL FISHING › CHAPTER 2 - Particular Varieties of Fish › ARTICLE 15 - Herring › Section 8552.1.

8552.1. The commission, in consultation with the department and representatives of the commercial roe herring fishery, and after holding at least one public hearing, may adjust the fees charged for permits; including fees for the issuance or transfer of permits, to a level that will not discourage the transfer of permits or limit entry into the fishery, and that will ensure sufficient funds to cover reasonable department costs associated with the management of the fishery, including research and enforcement costs.
(Added by Stats. 2004, Ch. 713, Sec. 3. Effective January 1, 2005.)
2023 California Code › Fish and Game Code - FGC › DIVISION 6 - FISH › PART 3 - COMMERCIAL FISHING › CHAPTER 2 - Particular Varieties of Fish › ARTICLE 15 - Herring › Section 8552.2.

8552.2. Notwithstanding Section 1052, a herring permit may be transferred from a herring permitholder to a nonpermitholder having a minimum of 20 or more herring fishery points, as follows: The permitholder shall mail, by certified or registered mail, to the department and every individual listed on the department’s list of maximum 20 or more point herring fishery participants, his or her notice of intention to transfer his or her herring permit, which notice shall specify the gear type to be used under the herring permit; the name, address, and telephone number of the transferor and proposed transferee; and the amount of consideration, if any, sought by the transferor. Sixty days after mailing the notice, the transferor may transfer the permit to any person having 20 or more experience points without the necessity for giving further notice if the transfer occurs within six months of the date the original notice was given. Transfers after that six-month period shall require another 60-day notice of intention to be given. No person may hold more than one herring permit. A true copy of the notice of intention to transfer a permit shall be filed with the department by the transferor under penalty of perjury and shall be available for public review.
(Amended by Stats. 1989, Ch. 207, Sec. 4. Effective July 25, 1989.)
2023 California Code › Fish and Game Code - FGC › DIVISION 6 - FISH › PART 3 - COMMERCIAL FISHING › CHAPTER 2 - Particular Varieties of Fish › ARTICLE 15 - Herring › Section 8552.3.

8552.3. The commission may, in consultation with representatives of the commercial herring roe fishery, and after holding at least one public hearing, adopt regulations intended to facilitate the transfer of herring permits, including, but not limited to, regulations that would do the following:
(a) Allow an individual to own a single permit for each of the different herring gillnet platoons in San Francisco Bay.
(b) Eliminate the point system for qualifying for a herring permit.
(c) Allow a herring permit to be passed from a parent to child, or between spouses.
(Amended by Stats. 2016, Ch. 50, Sec. 42. (SB 1005) Effective January 1, 2017.)
2023 California Code › Fish and Game Code - FGC › DIVISION 6 - FISH › PART 3 - COMMERCIAL FISHING › CHAPTER 2 - Particular Varieties of Fish › ARTICLE 15 - Herring › Section 8552.4.

8552.4. Herring permits that are revoked or not renewed may be offered by the department for a drawing to persons having 20 or more experience points in the fishery on the first Friday of August of each year.
(Amended by Stats. 1989, Ch. 207, Sec. 5. Effective July 25, 1989.)
2023 California Code › Fish and Game Code - FGC › DIVISION 6 - FISH › PART 3 - COMMERCIAL FISHING › CHAPTER 2 - Particular Varieties of Fish › ARTICLE 15 - Herring › Section 8552.5.

8552.5. The commission shall revoke any herring permit if the holder of the herring permit was convicted of failing to report herring landings or underreported herring landings or failed to correctly file with the department the offer or the acceptance for a permit transferred pursuant to Section 8552.2.
(Added by Stats. 1988, Ch. 1505, Sec. 6.)
2023 California Code › Fish and Game Code - FGC › DIVISION 6 - FISH › PART 3 - COMMERCIAL FISHING › CHAPTER 2 - Particular Varieties of Fish › ARTICLE 15 - Herring › Section 8552.65.

8552.65. (a) Upon the death of a herring permittee, the permit shall vest in the permittee’s estate or in the surviving community estate, and may be transferred by the executor, administrator, personal representative, or surviving spouse to a qualified pointholder pursuant to Section 8552.2 or to a qualified partner, pursuant to Section 8552.6.
(b) The transfer shall be initiated by notice to the department, in writing, sent by certified mail, within one year of the date of death.
(c) If no transfer is initiated within one year of the date of death, the permit shall revert to the department for disposition pursuant to Section 8552.4, and thereafter be treated as a herring permit that has not been renewed.
(d) The department may, upon written application, grant an extension of time up to one additional year for the transfer to be initiated.
(Added by renumbering Section 8104 by Stats. 2023, Ch. 132, Sec. 150. (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 15 - Herring › Section 8552.7.

8552.7. The department shall reissue a herring permit which has been transferred pursuant to Section 8552.2 or 8552.6 upon payment of a transfer fee by the transferee of the permit. Before April 1, 1997, the transfer fee is two thousand five hundred dollars ($2,500), and, on and after April 1, 1997, the transfer fee is five thousand dollars ($5,000). The fees shall be deposited in the Fish and Game Preservation Fund and shall be expended for research and management activities to maintain and enhance herring resources pursuant to subdivision (a) of Section 8052.
(Amended by Stats. 1994, Ch. 360, Sec. 1. 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 15 - Herring › Section 8552.8.

8552.8. (a) For purposes of this article, the experience points for a person engaged in the herring roe fishery shall be based on the number of years holding a commercial fishing license and the number of years having served as a crewmember in the herring roe fishery, and determined by the sum of both of the following:
(1) One point for each year in the previous 12 years (prior to the current license year) that the person has held a commercial fishing license issued pursuant to Section 7852, not to exceed a maximum of 10 points.
(2) Five points for one year of service as a paid crewmember in the herring roe fishery, as determined pursuant to Section 8559, three points for a second year of service as a paid crewmember, and two points for a third year as a paid crewmember, beginning with the 1978–79 herring fishing season, not to exceed a maximum of 10 points.
(b) The department shall maintain a list of all individuals possessing the maximum of 20 experience points and of all those persons holding two points or more, grouped in a list by number of points. The list shall be maintained annually and shall be available from the department to all pointholders and to all herring permittees. All pointholders are responsible for providing the department with their current address and for verifying points credited to them by the department.
(c) A herring permittee may use the department’s list and rely upon that list in making offers for transfer of his or her permit until the date of the annual distribution of the new list. On and after the date of the annual revision of the list, the permittee shall use the new list.
(d) The point provisions in this section are for purposes of sale of a permit or transfer to a partner of a coowned permit.
(Amended by Stats. 2000, Ch. 388, Sec. 18. 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 15 - Herring › Section 8553.

8553. The commission may make and enforce such regulations as may be necessary or convenient for carrying out any power, authority, or jurisdiction conferred under this article.
(Added by Stats. 1973, Ch. 733.)
2023 California Code › Fish and Game Code - FGC › DIVISION 6 - FISH › PART 3 - COMMERCIAL FISHING › CHAPTER 2 - Particular Varieties of Fish › ARTICLE 15 - Herring › Section 8554.

8554. The commission, in adopting regulations for the commercial herring fishery, shall provide for the temporary substitution of a permittee to take herring, if the permittee is ill or injured, by a crewmember aboard the vessel operated by the permittee. The commission may require that proof of the illness or injury be substantiated to the satisfaction of the department.
(Added by Stats. 1986, Ch. 725, Sec. 3.)
2023 California Code › Fish and Game Code - FGC › DIVISION 6 - FISH › PART 3 - COMMERCIAL FISHING › CHAPTER 2 - Particular Varieties of Fish › ARTICLE 15 - Herring › Section 8555.

8555. The director shall periodically meet and confer with representatives of the commercial herring roe fishery to review regulations and policies of the commission and the department concerning that fishery and to receive recommendations on the regulation and management of that fishery. In particular, those representatives and their legal counsel may recommend to the department, for recommendation to the commission for adoption by the commission as regulations, requirements for the payment of civil damages that may be imposed in lieu of revoking or suspending a permit issued pursuant to this article or for violations of regulations adopted by the commission pertaining to the herring roe fishery.
(Added by Stats. 1986, Ch. 725, Sec. 4.)
2023 California Code › Fish and Game Code - FGC › DIVISION 6 - FISH › PART 3 - COMMERCIAL FISHING › CHAPTER 2 - Particular Varieties of Fish › ARTICLE 15 - Herring › Section 8556.

8556. Notwithstanding any other provision of law, the commission shall determine, by regulation, if drift or set gill nets may be used to take herring for commercial purposes. The commission may also determine, by regulation, the size of the meshes of the material used to make such gill nets.
(Added by Stats. 1976, Ch. 882.)
2023 California Code › Fish and Game Code - FGC › DIVISION 6 - FISH › PART 3 - COMMERCIAL FISHING › CHAPTER 2 - Particular Varieties of Fish › ARTICLE 15 - Herring › Section 8557.

8557. Notwithstanding any other provision of law, the commission shall determine if round haul nets may be used to take herring in Districts 12 and 13 and the conditions under which those nets may be used.
(Amended by Stats. 1987, Ch. 269, Sec. 17.)
2023 California Code › Fish and Game Code - FGC › DIVISION 6 - FISH › PART 3 - COMMERCIAL FISHING › CHAPTER 2 - Particular Varieties of Fish › ARTICLE 15 - Herring › Section 8558.

8558. (a) There is established a herring research and management account within the Fish and Game Preservation Fund. The funds in the account shall be expended for the purpose of supporting, in consultation with the herring industry pursuant to Section 8555, department evaluations of, and research on, herring populations in San Francisco Bay and those evaluations and research that may be required for Tomales Bay, Humboldt Bay, and Crescent City and assisting in enforcement of herring regulations. The evaluations and research shall be for the purpose of (1) determining the annual herring spawning biomass, (2) determining the condition of the herring resource, which may include its habitat, and (3) assisting the commission and the department in the adoption of regulations to ensure a sustainable herring roe fishery. An amount, not to exceed 15 percent of the total funds in the account, may be used for educational purposes regarding herring, herring habitat, and the herring roe fishery.
(b) The funds in the account shall consist of the funds deposited pursuant to Sections 8558.1, 8558.2, and 8558.3, and the funds derived from herring landing fees allocated pursuant to subdivision (a) of Section 8052.
(c) The department shall maintain internal accountability necessary to ensure that all restrictions on the expenditure of the funds in the account are met.
(Amended by Stats. 2017, Ch. 26, Sec. 32. (SB 92) Effective June 27, 2017.)
2023 California Code › Fish and Game Code - FGC › DIVISION 6 - FISH › PART 3 - COMMERCIAL FISHING › CHAPTER 2 - Particular Varieties of Fish › ARTICLE 15 - Herring › Section 8558.1.

8558.1. (a) No person shall purchase or renew any permit to take herring for commercial purposes in San Francisco Bay without first obtaining from the department an annual herring stamp. The fee for the stamp shall be one hundred dollars ($100). The revenue from the fee for the herring stamps shall be deposited into the herring research and management account established pursuant to Section 8558.
(b) This section shall become operative on April 1, 1997.
(Added by Stats. 1996, Ch. 584, Sec. 2. 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 15 - Herring › Section 8558.2.

8558.2. The amount of the difference between fees for nonresidents and resident fees, collected pursuant to Section 8550.5, shall be deposited into the herring research and management account established pursuant to Section 8558, and all fees for San Francisco Bay herring permit transfers, collected pursuant to Section 8552.7, shall also be deposited into the herring research and management account.
(Added by Stats. 1996, Ch. 584, Sec. 3. 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 15 - Herring › Section 8558.3.

8558.3. One-half of all royalties collected by the department from the roe-on-kelp fishery collected pursuant to paragraph (2) of subdivision (f) of Section 164 of Title 14 of the California Code of Regulations shall be deposited into the herring research and management account established pursuant to Section 8558.
(Added by Stats. 1996, Ch. 584, Sec. 4. 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 15 - Herring › Section 8559.

8559. The commission, in determining experience requirements for new entrants into the herring fishery after January 1, 1987, shall require that any person seeking a permit to operate a vessel to take herring and claiming crew experience shall demonstrate, to the satisfaction of the department, proof of payment as a crewmember in the herring fishery based on tax records or copies of canceled checks offered and accepted as payment for service on a crew in the California herring roe fishery.
(Added by Stats. 1986, Ch. 725, Sec. 5.)