California Code of Regulations › Title 14 - Natural Resources › Division 1 - Fish and Game Commission-Department of Fish and Game › Subdivision 1 - Fish, Amphibians and Reptiles › Chapter 6 - Fish, Commercial › Section 167 - Penalties in Lieu of Suspension or Revocation-Salmon Permittees

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Pursuant to the provisions of Section
					 8237 of
					 the Fish and Game Code, the Commission, after notice and an opportunity to be
					 heard, may suspend or revoke the commercial salmon fishing privileges of any
					 person licensed or required to be licensed under the authority of Sections
					 7852.5
					 and
					 7860 of
					 the Fish and Game Code upon conviction of a commercial salmon fishing
					 violation. Notwithstanding this provision, the Executive Secretary of the
					 Commission may enter into a stipulated compromise settlement agreement with the
					 agreement of the licensee on terms and conditions which may include, but are
					 not limited to, the payment of monetary penalties, the reduction of a
					 revocation to a suspension for a specified period of time, a period of
					 probation not to exceed three years or any other terms and conditions, mutually
					 agreed upon by the Executive Secretary acting for the Commission and the
					 licensee, without further hearing or appeal. Conviction of multiple violations,
					 committed at the same time shall be treated as one conviction for the purposes
					 of implementing the provisions of this section.
A compromise settlement agreement may be entered before,
					 during or after the Commission hearing on the matter, but is valid only if
					 executed and signed by the Executive Secretary and the licensee prior to the
					 adoption of the decision by the Commission. Any monetary penalty included in a
					 compromise settlement agreement shall be within the range of monetary penalties
					 as prescribed in subsection (a) of these regulations and shall be due and
					 payable within 30 days after the compromise is entered into. Any and all funds
					 submitted as payment in whole or in part by a licensee of any monetary
					 penalties stipulated in a compromise settlement agreement shall be
					 nonrefundable.
If the licensee fails to perform all of the terms and
					 conditions of the compromise settlement agreement, such agreement is thereby
					 declared void and the Commission, notwithstanding the compromise settlement
					 agreement, may take any action authorized by Section
					 8237 of
					 the Fish and Game Code against the licensee.
(a) Procedures for determining monetary
				  penalties:
(1) Monetary penalties (score
				  range multiplied by the monetary range) for compromise settlement agreements
				  shall be based on the following point system:
SCORE RANGE
MONETARY RANGE
(Total Points)
1-20
$200 per point as provided in
							 subsection (a)(2) below.
21+
$400 per point as provided in
							 subsection (a)(2) below.
(2)
				  The score range shall be based on a cumulative total of the points assigned in
				  this subsection:
(A) GRAVITY OF THE
				  VIOLATION.
1. Take of undersize salmon, when
				  such fish comprise (Note: the following points assigned shall be doubled if any
				  part of the load or lot was intentionally hidden by the licensee):
a. 1-25 percent of the total load or lot of
				  salmon.
(i) When there are 3 or less undersized salmon in
							 the total load or lot.
1 point, plus ½ point
for each undersized fish
(ii) When there are more than 3 undersized salmon in
							 the total load or lot.
3 points, plus ½
point for each undersized fish
b.
				  26-50 percent of the total load or lot of salmon.
(i) When there are 3 or less undersized salmon in
							 the total load or lot.
2 points, plus ½
point for each undersized fish
(ii) When there are more than 3 undersized salmon in
							 the total load or lot.
4 points, plus ½
point for each undersized fish
c.
				  51-100 percent of the total load or lot of salmon.
(i) When there are 3 or less undersized salmon in
							 the total load or lot.
3 points, plus ½
point for each undersized fish
(ii) When there are more than 3 undersized salmon in
							 the total load or lot.
1 point, plus 1 point
for each fish
2. Take of silver salmon which are unlawfully
				  retained during the closed season for silver salmon but during the open season
				  for king salmon, when such fish comprise (Note: The following points assigned
				  shall be doubled if any part of the load or lot was intentionally hidden by the
				  licensee):
a. 1-25 percent of the total load
				  or lot of silver salmon.
(i) When there are 3 or less silver salmon in the
							 total load or lot. for each silver salmon
1 point, plus ½
							 point
(ii) When there are more than 3 silver salmon in the
							 total load or lot.
3 points, plus ½
point for each silver salmon
b.
				  26-50 percent of the total load or lot of silver salmon.
(i) When there are 3 or less silver salmon in the
							 total load or lot.
2 points, plus ½
point for each silver salmon
(ii) When there are more than 3 silver salmon in the
							 total load or lot.
4 points, plus ½
point for each silver salmon
c.
				  51-100 percent of the total load or lot of silver salmon.
(i) When there are 3 or less silver salmon in the
							 total load or lot.
3 points, plus ½
point for each silver salmon
(ii) When there are more than 3 silver salmon in the
							 total load or lot.
1 point, plus 1 point
for each silver salmon
3. Take of salmon during closed salmon
							 season.
5 points
4. Take of salmon within a closed area.
a. When the vessel is found fishing within one mile
							 inside the closure boundary.
2 points
b. When the vessel is found fishing within more than
							 one mile inside the closure boundary.
5 points
5. Transfer of salmon from nonpermitted vessel to a
							 permitted vessel.
10 points
6. Use of more than six wires or lines.
10
							 points
7. Use of barbed hooks: for each 5 hooks or portion
							 thereof.
1 point
8. Take of salmon; no valid commercial license in
							 possession.
2 points, plus
purchase of required license
9. Take of salmon; no valid commercial salmon vessel
							 permit in possession.
10 points
10. Take of salmon; no valid commercial fishing
							 salmon stamp in possession.
2 points, plus
purchase of required stamps
11. Failure to document landing.
2
							 points
12. Any other commercial salmon fishing
							 violation.
1 point
(B) PRIOR VIOLATIONS.
1. For each prior conviction of the licensee
				  within the past three years for violations of the laws or regulations
				  pertaining to the commercial take of salmon, the following additional points
				  shall be assessed:
a. For one prior
				  conviction for a violation of the commercial salmon fishing laws or regulations
				  within the past three years, the accumulative point score shall be doubled to
				  determine the total point score.
b.
				  For two prior convictions for violations of the commercial salmon fishing laws
				  or regulations within the past three years, the accumulative point score shall
				  be tripled to determine the total point score.
c. The provisions of this section regarding
				  compromise settlement agreements shall not apply to any person who has been
				  convicted of three or more convictions, as defined in this section, of the
				  commercial salmon laws or regulations within the past three years or if action
				  is brought to recover civil damages under Section
				  2014 of
				  the Fish and Game Code from the person subject to action under this
				  section.
(2) All monetary penalties for compromise
				  agreements for points assigned under subsection (a)(2)(A)1. through (a)(2)(A)7.
				  are resource oriented and, therefore, all monetary penalties assessed under
				  these subsections shall be deposited by the Department into the special account
				  established by Section
				  7861 of
				  the Fish and Game Code. All other monetary penalties assessed under this
				  section shall be deposited by the Department to the Fish and Game Preservation
				  Fund.