reglab/statecodes huggingface dataset:
2023 California Code › Fish and Game Code - FGC › DIVISION 6 - FISH › PART 3 - COMMERCIAL FISHING › CHAPTER 1 - Generally › ARTICLE 3 - Commercial Fishing Licenses › Section 7850.5.

7850.5. Section 7850 does not apply to any person who is employed by the fish receiver to unload fish or fish products, or to load or unload food and supplies, on or from a commercial fishing boat at a dock.
(Added by Stats. 1991, Ch. 80, Sec. 1. Effective June 30, 1991.)
2023 California Code › Fish and Game Code - FGC › DIVISION 6 - FISH › PART 3 - COMMERCIAL FISHING › CHAPTER 1 - Generally › ARTICLE 3 - Commercial Fishing Licenses › Section 7851.

7851. The application for a commercial fishing license shall contain a statement of the applicant’s sex, age, height, weight, the color of eyes and hair, and a statement as to whether or not the applicant is a citizen of the United States.
(Amended by Stats. 1992, Ch. 936, Sec. 1. Effective September 28, 1992.)
2023 California Code › Fish and Game Code - FGC › DIVISION 6 - FISH › PART 3 - COMMERCIAL FISHING › CHAPTER 1 - Generally › ARTICLE 3 - Commercial Fishing Licenses › Section 7852.

7852. (a) The department shall issue a commercial fishing license to any resident who is 16 years of age or older, upon payment of a base fee of ninety-five dollars ($95) for each resident vessel crewmember or resident vessel operator.
(b) The department shall issue a commercial fishing license to any nonresident who is 16 years of age or older, upon payment of a base fee of two hundred eighty-five dollars ($285) for a nonresident vessel crewmember or nonresident vessel operator.
(c) The base fees specified in this section are applicable to the 2004 license year, and shall be adjusted annually thereafter pursuant to Section 713.
(d) The commission shall adjust the amount of the fees specified in subdivision (c), as necessary, to fully recover, but not exceed, all reasonable administrative and implementation costs of the department and the commission relating to those licenses.
(e) Nothing in this section affects any other provision of law relating to the employment of minors.
(Amended by Stats. 2012, Ch. 565, Sec. 23. (SB 1148) Effective January 1, 2013.)
2023 California Code › Fish and Game Code - FGC › DIVISION 6 - FISH › PART 3 - COMMERCIAL FISHING › CHAPTER 1 - Generally › ARTICLE 3 - Commercial Fishing Licenses › Section 7852.1.

7852.1. The department may refund the fees paid for a commercial fishing license or stamp, a commercial boat registration, or a commercial fishing permit to the estate of the deceased holder of the license, stamp, registration, or permit, if proof is provided by the estate that the death of the holder occurred prior to the opening of the season for which the license, stamp, registration, or permit was valid. The department may deduct from the refund an amount equal to the cost of issuing the refund, but not to exceed twenty-five dollars ($25).
(Added by Stats. 1989, Ch. 673, Sec. 2.)
2023 California Code › Fish and Game Code - FGC › DIVISION 6 - FISH › PART 3 - COMMERCIAL FISHING › CHAPTER 1 - Generally › ARTICLE 3 - Commercial Fishing Licenses › Section 7852.2.

7852.2. Notwithstanding any other provision of law, a commercial fishing license, stamp, permit, or other entitlement for which there is a renewal deadline shall not be renewed after that deadline, except as follows:
(a) In addition to the base fee for the license, stamp, permit, or other entitlement, the department shall assess a late fee for any renewal the application for which is received after the deadline, according to the following schedule:
(1) One to 30 days after the deadline, a fee of one hundred twenty-five dollars ($125).
(2) Thirty-one to 60 days after the deadline, a fee of two hundred fifty dollars ($250).
(3) Sixty-one days or more after the deadline, a fee of five hundred dollars ($500).
(b) The department shall not waive the applicable late fee. The late fees specified in this section are applicable beginning in the 2008 license year, and shall be adjusted annually thereafter pursuant to Section 713.
(c) The department shall deny any application for renewal received after March 31 of the permit year following the year in which the applicant last held a valid permit for that fishery.
(d) An applicant who is denied renewal of a late application may submit a written appeal for renewal to the commission within 60 days of the date of the department’s denial. The commission, upon consideration of the appeal, may grant renewal. If the commission grants renewal, it shall assess the applicable late fee pursuant to subdivision (a).
(Repealed and added by Stats. 2007, Ch. 279, Sec. 3. Effective January 1, 2008.)
2023 California Code › Fish and Game Code - FGC › DIVISION 6 - FISH › PART 3 - COMMERCIAL FISHING › CHAPTER 1 - Generally › ARTICLE 3 - Commercial Fishing Licenses › Section 7852.25.

7852.25. Notwithstanding any other provision of law, the department may deny the issuance or renewal of any licenses, permits, or other authorizations to take or possess fish for commercial purposes, or to conduct business involving fish, that are issued pursuant to this part or Division 12 (commencing with Section 15000), or the renewal thereof, if the applicant for that authorization or renewal has, within the preceding year, issued to the department a check that was dishonored by the bank upon which the check was drawn and the person has failed to reimburse the department for the amount due plus a fee of thirty dollars ($30) and any dishonored check charges incurred by the department.
(Added by Stats. 1992, Ch. 936, Sec. 3. Effective September 28, 1992.)
2023 California Code › Fish and Game Code - FGC › DIVISION 6 - FISH › PART 3 - COMMERCIAL FISHING › CHAPTER 1 - Generally › ARTICLE 3 - Commercial Fishing Licenses › Section 7852.27.

7852.27. At all times when engaged in any activity described in Section 7850 or Article 7 (commencing with Section 8030) for which a commercial fishing license is required, the licensee shall have in his or her possession, or immediately available to the licensee, a valid driver’s license or identification card issued to him or her by the Department of Motor Vehicles or by the entity issuing driver’s licenses from the licensee’s state of domicile. A current passport may be used in lieu of a valid driver’s license or identification card by a holder of a valid nonresident commercial fishing license issued pursuant to subdivision (b) of Section 7852. The licensee’s driver’s license, identification card or, if applicable, passport, shall be exhibited upon demand to any person authorized by the department to enforce this code or regulations adopted pursuant thereto.
(Amended by Stats. 2007, Ch. 285, Sec. 116. Effective January 1, 2008.)
2023 California Code › Fish and Game Code - FGC › DIVISION 6 - FISH › PART 3 - COMMERCIAL FISHING › CHAPTER 1 - Generally › ARTICLE 3 - Commercial Fishing Licenses › Section 7852.4.

7852.4. The owner of a vessel upon which a person who is at least 16, but less than 18, years of age, and who is licensed under Section 7852 is working shall obtain, and maintain in full force and effect at all times that a person is working on or about the vessel, a policy of insurance that provides indemnification to the person licensed under Section 7852 in case of accident or injury while working on or about the vessel.
(Amended by Stats. 2004, Ch. 431, Sec. 11. Effective January 1, 2005.)
2023 California Code › Fish and Game Code - FGC › DIVISION 6 - FISH › PART 3 - COMMERCIAL FISHING › CHAPTER 1 - Generally › ARTICLE 3 - Commercial Fishing Licenses › Section 7853.

7853. The commission may suspend or revoke the commercial fishing license of any licensee who operates a vessel in waters within the territorial jurisdiction of the State and approaches:
(a) Within 500 yards of any vessel owned or operated by the United States Government or any department or agency thereof, except when necessary to comply with the laws or rules of navigation governing the safe movement of vessels; or
(b) So close to any vessel owned or operated by the United States or any department or agency thereof and engaged in transporting naval or military equipment or personnel as to interfere with such transportation or to enable the observation thereof, except when necessary to comply with the laws or rules of navigation governing the safe movement of vessels.
(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 3 - Commercial Fishing Licenses › Section 7854.

7854. No license shall be suspended or revoked pursuant to Section 7853 until the filing of a complaint with the commission by any of the following:
(a) The commanding officer of a vessel owned or operated by the United States or any department or agency thereof.
(b) Any other officer of any such vessel who is authorized by his commanding officer to file such complaint.
(c) Any commanding officer of any military or naval activity affected by the licensee’s operation of a vessel, or any other officer of such activity authorized by such commanding officer to file a complaint.
(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 3 - Commercial Fishing Licenses › Section 7855.

7855. The proceedings to revoke or suspend a commercial fishing license shall be conducted at one of the commission’s regularly scheduled meetings.
(Amended by Stats. 1986, Ch. 1244, Sec. 8.)
2023 California Code › Fish and Game Code - FGC › DIVISION 6 - FISH › PART 3 - COMMERCIAL FISHING › CHAPTER 1 - Generally › ARTICLE 3 - Commercial Fishing Licenses › Section 7856.

7856. Notwithstanding any other provision of this division, except as provided in subdivision (f) and except when prohibited by federal law, fish may be prepared for human consumption aboard a commercial fishing vessel only under the following conditions:
(a) The fish are taken under all existing commercial fishing laws and regulations and, except as provided in subdivision (f), the fish is of a species and size that can be lawfully taken under sportfishing regulations in the area where taken and are taken incidental to normal commercial fishing operations.
(b) The fish is separated from other fish and stored with other foodstuff for consumption by the crew and passengers aboard the vessel.
(c) The fish shall not be bought, sold, offered for sale, transferred to another person, landed, brought ashore, or used for a purpose other than consumption by the crew and passengers.
(d) (1) All fish shall be maintained in a condition that the species can be determined, and the size or weight can be determined if a size or weight limit applies, until the fish is prepared for immediate consumption.
(2) If the fish is filleted, a patch of skin shall be retained on each fillet as prescribed by the commission in the sportfishing regulations until the fish is prepared for immediate consumption.
(3) Fillets from fish possessed under sportfishing regulations shall be of the minimum length prescribed by commission regulations.
(e) The quantity of fish prepared shall not exceed the aggregate sportfishing bag limit for that fish applicable to the total number of crew members and passengers on board the vessel.
(f) Notwithstanding other provisions of this section, kelp bass, sand bass, spotted bass, yellowfin croaker, spotfin croaker, California corbina, and marlin, shall not be possessed aboard a commercial fishing vessel while that vessel is on a commercial fishing trip. Lobster, salmon, or abalone shall not be possessed aboard a commercial fishing vessel while that vessel is on a commercial fishing trip for preparation for human consumption pursuant to this section unless that lobster, salmon, or abalone is taken and possessed in compliance with all applicable laws pertaining to commercial fishing methods of take, licenses, permits, and size limits. Sturgeon or striped bass shall not be possessed aboard a commercial fishing vessel. A person shall not take or possess a fish on a commercial fishing vessel under a sportfishing license while that vessel is engaged in a commercial fishing activity, including going to or from an area where fish are taken for commercial purposes.
(Amended by Stats. 2023, Ch. 132, Sec. 139. (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 3 - Commercial Fishing Licenses › Section 7858.

7858. In addition to the conditions specified in Section 7857, the following conditions apply to a commercial permit to take, possess aboard a boat, or land fish for commercial purposes in a limited entry fishery, as defined in Section 8100:
(a) The permit shall be renewed annually.
(b) Except as otherwise provided by law, an appeal for the denial of a renewal application or for a waiver of any landing requirements shall be reviewed and decided by the department. The appeal shall be received by the department or, if mailed, postmarked on or before March 31 following the permit year in which the applicant last held a valid permit for that fishery. The decision of the department may be appealed to the commission. This section does not apply to permits issued pursuant to Section 8550.
(Amended by Stats. 1998, Ch. 525, Sec. 4. Effective January 1, 1999.)
2023 California Code › Fish and Game Code - FGC › DIVISION 6 - FISH › PART 3 - COMMERCIAL FISHING › CHAPTER 1 - Generally › ARTICLE 3.5 - Commercial Salmon Trollers Enhancement and Restoration Program › Section 7861.1.

7861.1. Not more than 15 percent of the funds expended pursuant to Section 7861 may be used to pay the costs incurred in the administration of the program.
(Amended by Stats. 2013, Ch. 368, Sec. 4. (SB 197) Effective January 1, 2014. Repealed as of January 1, 2029, pursuant to Section 7863.)
2023 California Code › Fish and Game Code - FGC › DIVISION 6 - FISH › PART 3 - COMMERCIAL FISHING › CHAPTER 1 - Generally › ARTICLE 3.5 - Commercial Salmon Trollers Enhancement and Restoration Program › Section 7861.2.

7861.2. Notwithstanding any other law, the department may receive on behalf of the Commercial Salmon Trollers Enhancement and Restoration Program, for deposit in the Commercial Salmon Stamp Dedicated Subaccount in the Fish and Game Preservation Fund established pursuant to Section 7861, funds from sources in addition to funds derived from the sale of commercial fishing salmon stamps, including, but not limited to, grants from the federal government, grants from private foundations, money disbursed from court settlements, and donations and bequeaths from individuals. The additional nonfederal funds shall not be deposited in the Commercial Salmon Stamp Dedicated Subaccount unless the person or entity providing the funds specifically designates in writing, prior to or at the time of transmittal of the funds to the department, that the funds are intended solely for deposit to that subaccount. Funds received by the department that are not designated at the time of receipt as being intended solely for deposit to the Commercial Salmon Stamp Dedicated Subaccount shall be deposited in the Fish and Game Preservation Fund.
(Amended by Stats. 2013, Ch. 368, Sec. 5. (SB 197) Effective January 1, 2014. Repealed as of January 1, 2029, pursuant to Section 7863.)
2023 California Code › Fish and Game Code - FGC › DIVISION 6 - FISH › PART 3 - COMMERCIAL FISHING › CHAPTER 1 - Generally › ARTICLE 3.5 - Commercial Salmon Trollers Enhancement and Restoration Program › Section 7861.3.

7861.3. It is the intent of the Legislature that the department use the moneys from the sale of commercial fishing salmon stamps allocated pursuant to subdivision (b) of Section 7861 and the matching share contributed by the department to raise approximately two million chinook salmon annually to yearling size to contribute to the replenishing of California’s salmon resource. In no case shall moneys from the General Fund be used to match the salmon stamp revenues expended for this program. It is the further intent of the Legislature that the salmon stamp fee authorized in subdivision (b) of Section 7861 shall generate revenues equal to one-half the amount necessary to raise this number of salmon to yearling size.
(Added by Stats. 1986, Ch. 862, Sec. 4. Repealed as of January 1, 2029, pursuant to Section 7863.)
2023 California Code › Fish and Game Code - FGC › DIVISION 6 - FISH › PART 3 - COMMERCIAL FISHING › CHAPTER 1 - Generally › ARTICLE 3.5 - Commercial Salmon Trollers Enhancement and Restoration Program › Section 7861.4.

7861.4. A priority for funding shall be given to programs and projects restoring, enhancing, and protecting salmon streams with funds appropriated pursuant to subparagraph (A) of paragraph (1) of subdivision (e) of Section 5907 of the Public Resources Code, that employ fishermen who are unemployed or underemployed as a result of commercial fishing restrictions within and immediately adjacent to the Klamath Management Zone imposed by federal laws or regulations.
(Added by Stats. 1989, Ch. 1237, Sec. 1. Repealed as of January 1, 2029, pursuant to Section 7863.)
2023 California Code › Fish and Game Code - FGC › DIVISION 6 - FISH › PART 3 - COMMERCIAL FISHING › CHAPTER 1 - Generally › ARTICLE 3.5 - Commercial Salmon Trollers Enhancement and Restoration Program › Section 7861.5.

7861.5. In consultation with the Commercial Salmon Trollers Advisory Committee, the department may allocate funds from the Commercial Salmon Stamp Dedicated Subaccount in the Fish and Game Preservation Fund for the following purposes:
(a) For restoration projects to assist in the recovery of salmon stocks listed as threatened or endangered under Chapter 1.5 (commencing with Section 2050) of Division 3, or the federal Endangered Species Act (16 U.S.C. Sec. 1531 et seq.).
(b) As matching funds for federal salmon restoration moneys.
(Amended by Stats. 2013, Ch. 368, Sec. 6. (SB 197) Effective January 1, 2014. Repealed as of January 1, 2029, pursuant to Section 7863.)
2023 California Code › Fish and Game Code - FGC › DIVISION 6 - FISH › PART 3 - COMMERCIAL FISHING › CHAPTER 1 - Generally › ARTICLE 3.5 - Commercial Salmon Trollers Enhancement and Restoration Program › Section 7862.

7862. A Commercial Salmon Trollers Advisory Committee shall be established consisting of six members selected by the director. One member shall be chosen from the personnel of the department. Four persons shall be selected, with alternates, from a list submitted by a fishermen’s organization deemed to represent the commercial salmon fishermen of California. One member shall be selected, with an alternate, from lists submitted by individual commercial passenger fishing boat operators or by organizations deemed to represent the commercial passenger fishing boat operators of California. The term of appointment to the committee shall be for two years. Necessary and proper expenses, if any, and per diem shall be paid committee members from the special account created pursuant to subdivision (a) of Section 7861. The rate of per diem shall be the same as the rate established pursuant to Section 8902 of the Government Code.
The committee shall recommend programs and a budget from the special account to the department.
(Amended by Stats. 2012, Ch. 728, Sec. 50. (SB 71) Effective January 1, 2013. Repealed as of January 1, 2029, pursuant to Section 7863.)
2023 California Code › Fish and Game Code - FGC › DIVISION 6 - FISH › PART 3 - COMMERCIAL FISHING › CHAPTER 1 - Generally › ARTICLE 3.5 - Commercial Salmon Trollers Enhancement and Restoration Program › Section 7863.

7863. This article shall remain in effect only until January 1, 2029, and as of that date is repealed, unless a later enacted statute that is enacted before January 1, 2029, deletes or extends that date.
(Amended by Stats. 2018, Ch. 985, Sec. 4. (SB 1309) Effective January 1, 2019. Repealed as of January 1, 2029, by its own provisions. Note: Repeal affects Article 3.5, commencing with Section 7860.)
2023 California Code › Fish and Game Code - FGC › DIVISION 6 - FISH › PART 3 - COMMERCIAL FISHING › CHAPTER 1 - Generally › ARTICLE 4 - Vessel Registration › Section 7880.

7880. (a) A person owning or operating a vessel used in connection with fishing operations for profit who has been issued a commercial boat registration pursuant to Section 7881 shall display, for the purpose of identification, a department registration number on the vessel in a manner designated by the department.
(b) The method of displaying the registration number on the vessel shall be determined by the department after consultation with the Division of Boating and Waterways, taking into consideration the responsibilities and duties of the Division of Boating and Waterways as prescribed in the Harbors and Navigation Code.
(c) The registration number is not transferable, and it is a permanent fixture upon the vessel for which it is originally issued.
(Amended by Stats. 2015, Ch. 154, Sec. 88. (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 4 - Vessel Registration › Section 7881.

7881. (a) Every person who owns or operates a vessel in public waters in connection with fishing operations for profit in this state, or who brings fish into this state, or who, for profit, permits persons to fish therefrom, shall submit an application for commercial boat registration on forms provided by the department and shall be issued a registration number.
(b) A commercial boat registration may be issued to any resident owner or operator of a vessel upon payment of a base fee of two hundred fifty dollars ($250). The commercial boat registration shall be carried aboard the vessel at all times, and shall be posted in a conspicuous place.
(c) A commercial boat registration may be issued to any nonresident owner or operator of a vessel upon payment of a base fee of seven hundred fifty dollars ($750). The commercial boat registration shall be carried aboard the vessel at all times and shall be posted in a conspicuous place.
(d) If a registered vessel is lost, destroyed, or sold, the owner of the vessel shall immediately report the loss, destruction, or sale to the department.
(e) This section does not apply to any person required to be licensed as a guide pursuant to Section 2536.
(f) The base fees specified in this section are applicable to the 2004 license year, and shall be adjusted annually thereafter pursuant to Section 713.
(g) The commission shall adjust the amount of the fees specified in subdivision (f), as necessary, to fully recover, but not exceed, all reasonable administrative and implementation costs of the department and the commission relating to those licenses.
(Amended by Stats. 2012, Ch. 565, Sec. 24. (SB 1148) Effective January 1, 2013.)
2023 California Code › Fish and Game Code - FGC › DIVISION 6 - FISH › PART 3 - COMMERCIAL FISHING › CHAPTER 1 - Generally › ARTICLE 4 - Vessel Registration › Section 7892.

7892. The department shall issue to any person owning or operating an aircraft used in connection with commercial fishing operations in this state an aircraft registration for that aircraft. The registration shall be carried aboard the aircraft at all times when the aircraft is used in connection with commercial fishing operations. The fee for a commercial aircraft registration shall be two hundred dollars ($200).
(Added by Stats. 1996, Ch. 870, Sec. 15. Effective January 1, 1997.)
2023 California Code › Fish and Game Code - FGC › DIVISION 6 - FISH › PART 3 - COMMERCIAL FISHING › CHAPTER 1 - Generally › ARTICLE 5 - Commercial Passenger Fishing Boat Licenses › Section 7920.

7920. The owner of any boat or vessel who, for profit, permits any person to take fish, shall procure a commercial passenger fishing boat license.
This article applies only to a boat or vessel whose owner or his or her employee or other representative is with it when it is used for fishing.
A person operating a guide boat, as defined in Section 46, is not required to obtain a commercial passenger fishing boat license.
(Amended by Stats. 2004, Ch. 431, Sec. 12. Effective January 1, 2005.)
2023 California Code › Fish and Game Code - FGC › DIVISION 6 - FISH › PART 3 - COMMERCIAL FISHING › CHAPTER 1 - Generally › ARTICLE 5 - Commercial Passenger Fishing Boat Licenses › Section 7921.

7921. The base fee for a commercial passenger fishing vessel license is two hundred fifty dollars ($250) in the 2004 license year, which shall be adjusted annually thereafter pursuant to Section 713. The commercial passenger fishing vessel license shall be issued to the holder of a commercial boat registration issued pursuant to Section 7881.
(Amended by Stats. 2023, Ch. 132, Sec. 140. (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 5 - Commercial Passenger Fishing Boat Licenses › Section 7923.

7923. The holder of a license shall keep a true record in the English language of all fish taken, and shall comply with such regulations as the commission may prescribe. Such a record and the information contained in it shall be confidential, and the record shall not be a public record.
(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 5 - Commercial Passenger Fishing Boat Licenses › Section 7924.

7924. Licenses issued under this article are subject to forfeiture, suspension, or revocation for a violation of Section 7121 and for any offense for which a commercial fishing license may be forfeited, suspended, or revoked.
(Amended by Stats. 1980, Ch. 1052, Sec. 2.)
2023 California Code › Fish and Game Code - FGC › DIVISION 6 - FISH › PART 3 - COMMERCIAL FISHING › CHAPTER 1 - Generally › ARTICLE 5 - Commercial Passenger Fishing Boat Licenses › Section 7925.

7925. (a) If a commercial passenger fishing boat is used to take salmon or has salmon aboard in ocean waters north of Point Arguello, there shall be on board that vessel a total number of commercial fishing salmon stamps sufficient to have at least one for the operator and one for each crewmember required by United States Coast Guard regulations, excepting an operator or a crewmember who is exempt from the commercial fishing salmon stamp requirement of Section 7860. The commercial fishing salmon stamps shall be affixed to either the commercial fishing licenses of the operator and the crewmembers or, pursuant to subdivision (b), to the vessel’s commercial passenger fishing boat license. No person shall operate, or cause to be operated, a commercial passenger fishing boat in violation of this subdivision. Vessels permitted as commercial salmon fishing vessels pursuant to Article 4.5 (commencing with Section 8230) of Chapter 2 are exempt from the requirements of this subdivision.
(b) Notwithstanding Section 1053.1, the department may issue to the owner or operator of a vessel licensed pursuant to this article, upon application and payment of the fees prescribed in subdivision (c) of Section 7860, one commercial fishing salmon stamp for the operator and not more than one additional commercial salmon stamp for each crewmember required by the United States Coast Guard regulations. The commercial fishing salmon stamps issued under this subdivision shall be affixed to the vessel’s commercial passenger fishing boat license issued pursuant to this article.
(Amended by Stats. 2023, Ch. 132, Sec. 141. (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 6 - Commercial Fishing Reports › Section 8010.

8010. The department shall:
(a) Gather and prepare data of the commercial fisheries, showing particularly the extent of the fisheries and the extent to which the various species abound.
(b) Make such investigations of the biology and the environment of the living marine resources as will aid in the collection and preparation of the statistical information necessary to determine the population dynamics of the species relative to their scientific management.
(c) Make such investigations as will disclose the optimum sustainable yield of the various marine resources.
(d) Determine what measures may be advisable to conserve any fishery, or to enlarge and assist any fishery where that may be done without danger to the supply.
(Amended by Stats. 1970, Ch. 798.)
2023 California Code › Fish and Game Code - FGC › DIVISION 6 - FISH › PART 3 - COMMERCIAL FISHING › CHAPTER 1 - Generally › ARTICLE 6 - Commercial Fishing Reports › Section 8022.

8022. (a) The receipts, reports, or other records filed with the department pursuant to Article 2 (commencing with Section 7700) to Article 7.5 (commencing with Section 8040), inclusive, and the information contained therein, shall, except as otherwise provided in this section, be confidential, and the records shall not be public records. Insofar as possible, the information contained in the records shall be compiled or published as summaries, so as not to disclose the individual record or business of any person.
(b) Notwithstanding any other provision of law, the department may release the confidential information described in subdivision (a) to any federal agency responsible for fishery management activities, provided the information is used solely for the purposes of enforcing fishery management provisions and provided the information will otherwise remain confidential. The department may also release this information in accordance with Section 391 or pursuant to a court order, to a public or private postsecondary institution engaged in research under the terms of a legally binding confidentiality agreement, or under other conditions as the commission by regulation may provide.
(c) All forms, logs, books, covers, documents, electronic data, software, and other records of any kind issued or otherwise supplied, directly or indirectly, by the department, the purpose of which is to provide a means for reports, records, or other information to be filed with the department pursuant to Article 2 (commencing with Section 7700) to Article 7.5 (commencing with Section 8040), inclusive, continue to be the property of the department. Those forms, logs, books, covers, documents, electronic data, software, other records, or portions thereof remain the property of the department whether used, unused, attached, or detached from their original binding, packaging, or other medium and shall be immediately surrendered upon demand to a peace officer of the department acting in his or her official capacity, without being altered in any manner.
(Amended by Stats. 2007, Ch. 285, Sec. 117. Effective January 1, 2008.)
2023 California Code › Fish and Game Code - FGC › DIVISION 6 - FISH › PART 3 - COMMERCIAL FISHING › CHAPTER 1 - Generally › ARTICLE 6 - Commercial Fishing Reports › Section 8025.

8025. (a) The commission, upon recommendation of the department, may suspend or revoke the commercial fishing privileges of any fisherman or the license of any person required to be licensed under Article 7 (commencing with Section 8030) who is convicted of a violation of this article or Article 7.5 (commencing with Section 8040).
(b) This section shall become operative on January 1, 1992.
(Repealed (in Sec. 15) and added by Stats. 1990, Ch. 1703, Sec. 16. Section operative January 1, 1992, by its own provisions.)
2023 California Code › Fish and Game Code - FGC › DIVISION 6 - FISH › PART 3 - COMMERCIAL FISHING › CHAPTER 1 - Generally › ARTICLE 6 - Commercial Fishing Reports › Section 8026.

8026. (a) The commission may require the owner and operator of a commercial fishing vessel, the holder of a commercial fishing license or permit, and the owner and licenseholder of a commercial passenger fishing boat to keep and submit a complete and accurate record of fishing activities in a form prescribed by the department.
(b)  In addition to the penalty specified in subdivision (b) of Section 12000 or subdivision (a) of Section 12002, failure to keep and submit records pursuant to subdivision (a) may result in the revocation or suspension of a license or permit by the department or the commission, when recommended by the department, for a period not to exceed one year.
(Amended by Stats. 2023, Ch. 129, Sec. 1. (AB 1611) Effective January 1, 2024.)
2023 California Code › Fish and Game Code - FGC › DIVISION 6 - FISH › PART 3 - COMMERCIAL FISHING › CHAPTER 1 - Generally › ARTICLE 7 - Commercial Fish Business Licenses › Section 8030.

8030. Any person who engages in any business for profit involving fish shall be licensed pursuant to this article, except as follows:
(a) A commercial fisherman who sells fish only to persons licensed under this article to purchase or receive fish from commercial fishermen and who does not engage in any activity described in Section 8034, 8035, or 8036 unless licensed to engage in both activities.
(b) A person licensed pursuant to Section 8460 who only takes, transports, or sells live freshwater fish for bait.
(c) A person who sells fish or aquaculture products only at retail to the ultimate consumer if that person does not conduct any activities described in Section 8033, 8035, or 8036.
(d) Pursuant to Division 12 (commencing with Section 15000), a person who deals only in products of aquaculture.
(e) A person who deals only with nonnative live products that are not utilized for human consumption but that are utilized solely for pet industry or hobby purposes and who does not engage in the activities described in Section 8033.1.
(f) A person who is employed by the fish receiver to unload fish or fish products from a commercial fishing boat at a dock.
(g) A person who purchases, sells, takes, or receives live marine fish for use exclusively as live bait, that are not brought ashore, and who has registered as a live bait dealer with the department.
(h) A person who does not purchase or obtain fish, but who acts as an agent for others while negotiating purchases, or sales of fish in return for a fee, commission, or other compensation.
(Amended by Stats. 2023, Ch. 876, Sec. 2. (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 - Commercial Fish Business Licenses › Section 8031.

8031. (a) The following definitions govern the construction of this article:
(1) “Process fish” means any activity for profit of preserving or preparing fish for sale or delivery to other than the ultimate consumer, including, but not limited to, cleaning, cutting, gutting, scaling, shucking, peeling, cooking, curing, salting, canning, breading, packaging, or packing fish. “Process fish” also means the activity for profit of manufacturing fish scraps, fish meal, fish oil, or fertilizer made from fish. “Process fish” does not include the cleaning, beheading, gutting, or chilling of fish by a licensed commercial fisherman which is required to preserve the fish while aboard a fishing vessel and which is to prevent deterioration, spoilage, or waste of the fish before they are landed and delivered to a person licensed to purchase or receive fish from a commercial fisherman.
(2) “Wholesale” means the purchase of fish from persons licensed to purchase or receive fish from a commercial fisherman, processors, importers, or any other wholesaler for the purpose of resale to other than the ultimate consumer.
(3) “Import” means receiving or purchasing fish taken outside of this state which are not landed in this state by a licensed commercial fisherman.
(4) “Commercial fisherman” means a person who has a valid, unrevoked commercial fishing license issued pursuant to Section 7850.
(b) This section shall become operative on January 1, 1993.
(Amended (as added by Stats. 1990, Ch. 1703, Sec. 20) by Stats. 1991, Ch. 80, Sec. 3.2. Effective June 30, 1991. Section operative January 1, 1993, by its own provisions.)
2023 California Code › Fish and Game Code - FGC › DIVISION 6 - FISH › PART 3 - COMMERCIAL FISHING › CHAPTER 1 - Generally › ARTICLE 7 - Commercial Fish Business Licenses › Section 8032.

8032. (a) A multifunction commercial fish business license shall be issued that authorizes any or all activities described in Section 8033, 8034, 8035, or 8036. The annual fee for this license is one thousand three hundred seventy-three dollars ($1,373).
(b) Specialty licenses for part of, but not all, activities described in subdivision (a) shall be issued in five classes, as follows:
(1) Fish receiver’s license, issued to any person engaged in the business of receiving fish as provided in Section 8033.
(2) Marine aquaria receiver’s license, issued to any person engaged in the business of receiving live marine species indigenous to California waters from a person required to be a licensed commercial fisherman for the purpose of wholesaling or retailing those species for pet industry or hobby purposes as provided in Section 8033.1.
(3) Fish processor’s license, issued to any person engaged in the business of processing fish as provided in Section 8034.
(4) Fish wholesaler’s license, issued to any person who is engaged in the business of wholesaling fish as provided in Section 8035.
(5) Fish importer’s license, issued to any person who is engaged in the business of importing fish as provided in Section 8036.
(c) The commission shall adjust the amount of the fee specified in subdivision (a), as necessary, to fully recover, but not exceed, all reasonable administrative and implementation costs of the department and the commission relating to those licenses.
(Amended by Stats. 2023, Ch. 132, Sec. 142. (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 - Commercial Fish Business Licenses › Section 8033.

8033. (a) Except as provided in Section 8033.1 or 8033.5, or subdivision (b) of Section 8047, any person who purchases or receives fish for commercial purposes from a fisherman who is required to be licensed under Section 7850, or any person who removes fish from the point of the first landing that the person has caught for his or her own processing or sale, shall obtain a fish receiver’s license.
(b) The annual fee for a fish receiver’s license is five hundred forty-nine dollars ($549).
(c) A cooperative association of fishermen may be licensed as fish receivers.
(Amended by Stats. 2023, Ch. 876, Sec. 4. (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 - Commercial Fish Business Licenses › Section 8033.1.

8033.1. (a) Any person engaged in any of the following activities involving species identified in subdivision (b) of Section 8597 shall obtain a nontransferable marine aquaria receiver’s license:
(1) A person who is required to have a marine aquaria collector’s permit pursuant to Section 8597 who sells live marine organisms indigenous to California, that the person has taken, to the ultimate consumer.
(2) A person who purchases or receives live marine species indigenous to California for commercial purposes from any of the following:
(A) A fisherman who is required to have a marine aquaria collector’s permit pursuant to subdivision (a) of Section 8597.
(B) A person who imports from neighboring states species that are also indigenous to California waters.
(b) A person required to be licensed as a marine aquaria receiver shall obtain all live marine organisms indigenous to California waters only from fishermen, aquaculturists, or importers holding current and appropriate licenses or permits.
(Amended by Stats. 1993, Ch. 617, Sec. 4. Effective October 1, 1993.)
2023 California Code › Fish and Game Code - FGC › DIVISION 6 - FISH › PART 3 - COMMERCIAL FISHING › CHAPTER 1 - Generally › ARTICLE 7 - Commercial Fish Business Licenses › Section 8033.2.

8033.2. The annual fee for the marine aquaria receiver’s license is one thousand three hundred seventy-three dollars ($1,373).
(Amended by Stats. 2003, Ch. 741, Sec. 35. Effective January 1, 2004.)
2023 California Code › Fish and Game Code - FGC › DIVISION 6 - FISH › PART 3 - COMMERCIAL FISHING › CHAPTER 1 - Generally › ARTICLE 7 - Commercial Fish Business Licenses › Section 8033.5.

8033.5. (a) Any commercial fisherman who sells fish for other than marine aquaria pet trade or research purposes that he or she has taken to the ultimate consumer of that fish shall obtain a fisherman’s retail license. The annual fee for a fisherman’s retail license is sixty-nine dollars ($69).
(b) Any person required to obtain a license under this section who engages in any activity described in Section 8033, 8034, 8035, or 8036 shall also obtain an appropriate license to engage in those activities.
(Amended by Stats. 2003, Ch. 741, Sec. 36. Effective January 1, 2004.)
2023 California Code › Fish and Game Code - FGC › DIVISION 6 - FISH › PART 3 - COMMERCIAL FISHING › CHAPTER 1 - Generally › ARTICLE 7 - Commercial Fish Business Licenses › Section 8034.

8034. (a) Any person who processes fish for profit shall obtain a fish processor’s license. The annual fee for a fish processor’s license is five hundred forty-nine dollars ($549).
(b) Any person required to obtain a license under this section who takes his or her own fish shall also obtain a fish receiver’s license or a commercial fish business license.
(Amended by Stats. 2003, Ch. 741, Sec. 37. Effective January 1, 2004.)
2023 California Code › Fish and Game Code - FGC › DIVISION 6 - FISH › PART 3 - COMMERCIAL FISHING › CHAPTER 1 - Generally › ARTICLE 7 - Commercial Fish Business Licenses › Section 8035.

8035. (a) Except for a person exempt under Section 8030, any person who, for the purpose of resale to other than the ultimate consumer, purchases or obtains fish from another person, who is required to be licensed as a fish receiver, fish processor, fish importer, or fish wholesaler under this article, shall obtain a fish wholesaler’s license.
(b) The annual fee for a fish wholesaler’s license is three hundred seventy-one dollars ($371).
(c) This section does not apply to either of the following:
(1) Persons required to have a marine aquaria receiver’s license pursuant to Section 8033.1.
(2) Persons licensed pursuant to Section 8036 who only purchase or obtain fish from outside this state.
(Amended by Stats. 2009, Ch. 294, Sec. 15. (AB 1442) Effective January 1, 2010.)
2023 California Code › Fish and Game Code - FGC › DIVISION 6 - FISH › PART 3 - COMMERCIAL FISHING › CHAPTER 1 - Generally › ARTICLE 7 - Commercial Fish Business Licenses › Section 8036.

8036. (a) Any person who purchases or receives fish that are taken outside of this state and brought into this state by a person who is not a licensed commercial fisherman, for the purpose of resale to other than the ultimate consumer, shall obtain a fish importer’s license. The annual fee for a fish importer’s license is five hundred forty-nine dollars ($549).
(b) Any person who, for the purpose of resale to other than the ultimate consumer, purchases or obtains fish within California in addition to fish that are purchased, obtained, or taken outside of the state, shall obtain both a wholesaler’s license pursuant to Section 8035 and an importer’s license pursuant to this section.
(Amended by Stats. 2009, Ch. 294, Sec. 16. (AB 1442) Effective January 1, 2010.)
2023 California Code › Fish and Game Code - FGC › DIVISION 6 - FISH › PART 3 - COMMERCIAL FISHING › CHAPTER 1 - Generally › ARTICLE 7 - Commercial Fish Business Licenses › Section 8037.

8037. (a) A person who engages in business involving fish which business activity would require more than one class of license under this article shall obtain either a commercial fish business license issued under subdivision (a) of Section 8032 or each of the specialty licenses which are required for the classes of activities engaged in. Each plant, facility, or other place of business in which an activity occurs that is required to be licensed shall have a copy of the required license on the premises.
(b) This section shall become operative on January 1, 1993.
(Amended by Stats. 2023, Ch. 132, Sec. 143. (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 - Commercial Fish Business Licenses › Section 8038.

8038. A license issued under this article is valid from January 1 to December 31, inclusive, or, if issued after the beginning of that term, for the remainder thereof.
(Added by Stats. 1993, Ch. 1117, Sec. 1. Effective January 1, 1994.)
2023 California Code › Fish and Game Code - FGC › DIVISION 6 - FISH › PART 3 - COMMERCIAL FISHING › CHAPTER 1 - Generally › ARTICLE 7 - Commercial Fish Business Licenses › Section 8039.

8039. The fees specified in this article are applicable to the 2004 license year and shall be adjusted annually thereafter pursuant to Section 713.
(Added by Stats. 2003, Ch. 741, Sec. 40. Effective January 1, 2004.)
2023 California Code › Fish and Game Code - FGC › DIVISION 6 - FISH › PART 3 - COMMERCIAL FISHING › CHAPTER 1 - Generally › ARTICLE 7.5 - Landing Fees › Section 8040.

8040. The following definitions govern the construction of this article.
(a) “Commercial fisherman” means a person who has a valid, unrevoked commercial fishing license issued pursuant to Section 7850.
(b) “Landing fee” means the fee imposed pursuant to Section 8041.
(Amended by Stats. 2023, Ch. 132, Sec. 144. (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 8041.

8041. (a) The following persons shall pay the landing fee determined pursuant to Section 8042:
(1) Any person who is required to be licensed as a fish receiver, and any person who is licensed before January 1, 1987, as a wholesaler or a processor pursuant to former Section 8040 and who receives fish from commercial fishermen.
(2) Any commercial fisherman who sells fish to any person who is not a fish receiver licensed under Article 7 (commencing with Section 8030).
(b) The following persons are exempt from the landing fee imposed under this article:
(1) A person licensed pursuant to Section 8460 who only takes, transports, or sells live freshwater fish for bait.
(2) A commercial fisherman who sells live freshwater fish for bait to a person described in paragraph (1).
(3) A commercial fisherman who sells live aquaria fish.
(4) A person as described in subdivision (g) of Section 8030 who purchases, sells, takes, or receives live marine fish for use exclusively as live bait that are not brought ashore.
(5) A person licensed pursuant to Section 8033.1 who takes, transports, or sells live aquaria fish as described in Section 8597. It is the intent of the Legislature that the license fee for live aquaria fish described in Section 8033.1 shall be in lieu of a landing fee imposed under this article.
(Amended by Stats. 2023, Ch. 876, Sec. 5. (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 8042.

8042. The amount of the landing fee under this article shall be determined by multiplying the fee rate for the type of fish delivered by a commercial fisherman in this state in accordance with the schedule in Section 8051 by the number of pounds, or fraction thereof, delivered. If the fee is imposed based upon weight in the round, and the fish is cleaned, gutted, beheaded, or otherwise not in the round at the time of delivery, the fees shall be adjusted by a conversion factor as determined by the department by regulation.
(Amended by Stats. 2017, Ch. 26, Sec. 14. (SB 92) Effective June 27, 2017.)