State
California
FGC Sec 7600-8126   Generally COMMERCIAL FISHING  (Fish)


FISH AND GAME CODE 
SECTION 7600-8126 





7600.  The provisions of this part apply to the taking and
possession of fish for any commercial purpose.  This part does not
apply to activities governed under Division 12 (commencing with
Section 15000).



7601.  "Owner" or "vessel owner" means the person or persons
designated as the registered owner of a vessel on a certificate of
documentation issued by the United States Coast Guard or on a copy of
the vessel registration issued by the vessel registration agency of
the state where the owner is a resident.  For purposes of this
section, the vessel registration agency in California is the
Department of Motor Vehicles.


7630.  It is the intent of the Legislature to enact legislation
establishing a comprehensive program to allow California groundfish
fishermen to participate in any federally established buy-back
program for the Pacific groundfish fishery.

7650.  As used in this article:
   (a) "Act" means the  Magnuson-Stevens Fishery Conservation and
Management Act (16 U.S.C. Sec. 1801 et seq.).
   (b) "Council" means the Pacific Fishery Management Council
established pursuant to the act, or its successor agency.
   (c) "Fishery"  has the same meaning as defined in  Section 1802
(13) of Title 16 of the United States Code.
   (d) "Joint committee" means the Joint Committee on Fisheries and
Aquaculture created pursuant to Resolution Chapter 88 of the Statutes
of 1981.
   (e) "Optimum," with respect to the yield from a fishery, has the
same meaning as defined in  Section 1802(28) of Title 16 of the
United States Code.
   (f) "Secretary" means the federal Secretary of Commerce.



7652.  Upon the preparation by the council, and the recommendation
by the council to the secretary, of a fishery management plan or
amendment thereto pursuant to the act, or upon the approval by the
secretary of a fishery management plan, or amendment thereto,
pursuant to the act, the director may do the following to conform
state law or regulations of the commission to the fishery management
plan, or amendment thereto, if the director finds that the action is
necessary to achieve optimum yield in California and that it is
necessary to avoid a substantial and adverse effect on the plan by
that state law or the regulations in order to continue state
jurisdiction pursuant to Section 1856 of the act:
   (a) Adopt regulations that would make inoperative any statute or
regulation of the commission, including, but not limited to, statutes
or regulations regulating bag limits, methods of taking, and seasons
for taking of fish for commercial purposes.
   Any regulation adopted by the director pursuant to this
subdivision shall specify the particular statute or regulation of the
commission to be inoperative.
   (b) Adopt regulations governing phases of the taking of fish for
commercial purposes that are not presently regulated by statute or
regulation of the commission.
   (c) Adopt regulations governing phases of the taking of fish for
commercial purposes that are presently regulated by statute or
regulation of the commission, but only if the statutes or regulations
are first made inoperative pursuant to subdivision (a) for the
effective period of the regulations adopted by the director pursuant
to this subdivision.
   (d) Chapter 3.5 (commencing with Section 11340) of Division 3 of
Title 2 of the Government Code does not apply to this article.




7652.1.  (a) Notwithstanding any other section of this article or
any other provisions of law, the director shall hold a public hearing
or hearings in the area of the fishery under consideration after a
recommendation by the council to the secretary of a fishery
management plan or amendment thereto pursuant to the act, or after
approval by the secretary of a fishery management plan or amendment
thereto  pursuant to the act.  If the secretary approves a fishery
management plan or amendment thereto which is substantially identical
to the fishery management plan or amendment thereto which has been
recommended by the council and the director has held a public hearing
on the council's recommended fishery management plan or amendment
thereto, the director is not required to hold a second public hearing
under this section after the approval by the secretary.
   (b) The hearing shall be held not less than four days after the
recommendation by the council to the secretary of a fishery
management plan or amendment thereto or after the approval by the
secretary of a fishery management plan or amendment thereto.
   The director shall arrange the time and place of the hearing,
shall provide adequate public notice and adequate notice to the
appropriate standing policy committee of each house of the
Legislature and to the joint committee, and shall convene the hearing
at the time and place arranged.
   (c) At the hearing or hearings, the director shall take evidence
of the effects any proposed regulation would have on the state's
fishery resources, the commercial or recreational fishing industry,
and the state's ability to manage fishery resources in state waters.

   (d) After the hearings, the director shall submit a written report
to the Legislature which summarizes the reasons for the proposed
regulation.


7652.2.  (a) The director may repeal or amend any regulation adopted
pursuant to Section 7652 or any other regulation to conform the
regulation to federal regulations pursuant to the act, if the
director finds that this action is necessary to achieve optimum yield
in California.
   (b) Notwithstanding any other section of this article or any other
provision of law, the director shall hold a public hearing or
hearings in the area of the fishery under consideration before the
director repeals or amends any regulation pursuant to this section.
The director shall arrange the time and place of the hearing, shall
provide adequate public notice and adequate notice to the appropriate
standing policy committee of each house of the Legislature and to
the joint committee, and shall convene the hearing at the time and
place arranged.
   (c) At the hearing or hearings, the director shall take evidence
of the effects the proposed repeal or amendment would have on the
state's fishery resources, the commercial or recreational fishing
industry, and the state's ability to manage fishery resources in
state waters.
   (d) After the hearings, the director shall submit a written report
to the Legislature which summarizes the reasons for the proposed
repeal  or amendment.


7652.3.  (a) The director shall not adopt, amend, or repeal any
regulation pursuant to this article until the director has held one
or more hearings and submitted a report to the Legislature pursuant
to Section 7652.1 or 7652.2, whichever is applicable.
   (b) The report to the Legislature shall be delivered or placed in
the United States Postal Service addressed to the Chairperson of the
Joint Committee on Fisheries and Aquaculture and to the chairperson
of the appropriate policy committee of each house of the Legislature.



7653.  Upon the adoption of any regulations pursuant to Section
7652, the director shall report to the Legislature which statutes or
regulations of the commission need to be amended or repealed, and any
regulations adopted by the director that need to be enacted as
statutes, to conform state law to any fishery management plan, or
amendment thereto, that has been approved by the secretary to avoid
any substantial and adverse effect on such plan, or its amendments,
by such state law.



7654.  The Legislature finds and declares:
   (a) That the actions taken by the federal Pacific Fishery
Management Council have resulted in significant economic losses to
California's salmon and groundfish fisheries, have caused significant
waste of fish, and have failed to manage and conserve fisheries for
their optimum yield.
   (b) That the California Salmon Fishery has been severely affected
by regulations imposed by the Pacific Fishery Management Council and
the federal Department of Commerce.
   (c) That the membership of the Pacific Fishery Management Council
has never included a commercial salmon troll fisherman and has at
times lacked balance and representation from major fisheries subject
to the fishery management plans of the council.



7655.  (a) It is the policy of the State of California that the
state be represented on the Pacific Fishery Management Council by
people who are knowledgeable about fisheries directly subject to the
fishery management plans of the council.  Nominations and
appointments to the Pacific Fishery Management Council shall be a
balanced representation of interested parties, including, but not
limited to, representatives from the commercial salmon troll fishery,
the groundfish fishery, the coastal pelagic species fishery, the
seafood processing industry, the commercial passenger carrying
fishing industry, nongovernmental environmental organizations, and
marine scientists.
   (b) When the Governor nominates persons for any seat on the
Pacific Fishery Management Council, those individuals shall be
knowledgeable of California's fishery resources and its fishing
industry.  Further, the nominations may be made after consultation
with fishery organizations and other interested parties, including
parties representing the public's interest in the fishery resources
and marine environment.

7660.  As used in this article:
   (a) "Advisory committee" means the Advisory Committee on Salmon
and Steelhead Trout, established pursuant to Resolution Chapter 141
of the Statutes of  1983, except that there shall be two additional
members appointed by the Joint Committee on Fisheries and Aquaculture
after consultation with the Director of Fish and Game and the Fish
and Game Commission.


7662.  The department shall consult with the advisory committee and
representatives of every user group known to the department on the
progress being made in the development of the annual and long-term
salmon management plans.

7690.  (a) Any person engaged in the business of licensed commercial
fishing may enter into an arrangement with other authorized persons
for the pooling of funds to pay claims or losses arising out of loss
or damage to a vessel or machinery used in the business of commercial
fishing and owned by a member of the pool.
   A pool established pursuant to this section is not, and shall not
be, subject to the Insurance Code and is not a member of the
California Insurance Guarantee Association under Article 14.2
(commencing with Section 1063) of Chapter 1 of Part 2 of Division 1
of the Insurance Code.
   (b) The pool established pursuant to this section shall have
initial pooled resources of not less than two hundred fifty thousand
dollars ($250,000) and the pool shall operate under generally
acceptable accounting principles.
   (c) All participating persons in any pool established pursuant to
this section shall agree to pay premiums or make other mandatory
financial contributions or  commitments necessary to ensure a
financially sound risk pool.
   (d) For the purpose of this section, "person engaged in the
business of licensed commercial fishing" and "authorized person" mean
any natural person, partnership, corporation, limited liability
company, or other person or entity engaged in the business of fishing
for commercial purposes for which that person or its agents or
employees are required to be licensed.

7700.  As used in this chapter:
   (a) "Reduction plant" means any plant used in the reduction or
conversion of fish into fish flour, fishmeal, fish scrap, fertilizer,
fish oil, or other fishery products or byproducts.
   (b) "Packer" means any person canning fish or preserving fish by
the common methods of drying, salting, pickling, smoking, cold
packing, or vacuum packing.
   (c) "Fish offal" means the heads, viscera, and other parts of fish
taken off in preparing for canning, preserving, packing, and
preparing for consumption in a fresh state.
   (d) "Stamp," except where otherwise specified, includes an
electronic validation of privileges issued to the licensee.



7701.  The commission may regulate and control fishing boats,
barges, lighters or tenders, receptacles or vehicles containing fish,
commercial fishermen, packers, reduction plants, plants where fish
products are manufactured, and dealers in fish, or fishery products,
insofar as necessary to insure the taking and delivery of fish and
fishery products in a wholesome and sanitary condition to canning,
packing or preserving plants, or to any plant where fishery products
are manufactured, or to any fresh fish dealer, and to prevent
deterioration and waste of fish.



7702.  The department may enter and examine any canning, packing,
preserving, or reduction plant, or place of business where fish or
other fishery products are packed, preserved, manufactured, bought or
sold, or board any fishing boat, barge, lighter, tender, or vehicle
or receptacle containing fish, and ascertain the amount of fish
received, or kind and amount of fishery products packed or
manufactured and the number and size of containers or cans for
fishery products purchased, received, used, or on hand and may
examine any books and records containing any account of fish caught,
bought, canned, packed, stored or sold.



7702.1.  No sardines, anchovies, mackerel, or squid intended for or
used in any cannery shall be unloaded from any vessel except at a
weighing or measuring device approved by the Bureau of Weights and
Measures.  Such products shall be weighed by a public weighmaster
licensed as an individual under the laws of this state and a receipt
as to such weight shall be immediately issued by the weighmaster to
the fisherman at the time of receipt of such products.  Copies of
such receipt shall be handled in the manner provided in Sections 8043
to 8047, inclusive.



7703.  The commission may establish grades for different varieties
of fish or fishery products, which grades shall be conformed to by
persons who take or use sardines for bait or who deliver fish or
other fishery products to packers or to fresh fish dealers.  Every
packer of fish, fish dealer, or manufacturer of fish products shall
conform to the grades established by the commission.



7704.  (a) It is unlawful to cause or permit any deterioration or
waste of any fish taken in the waters of this state, or brought into
this state, or to take, receive or agree to receive more fish than
can be used without deterioration, waste, or spoilage.
   (b) Except as permitted by this code, it is unlawful to use any
fish, or part thereof, except fish offal, in a reduction plant or by
a reduction process.
   (c) Except as permitted by this code or by regulation of the
commission, it is unlawful to sell, purchase, deliver for commercial
purposes, or possess on any commercial fishing vessel registered
pursuant to Section 7881 any shark fin or shark tail or portion
thereof that has been removed from the carcass.  However, thresher
shark tails and fins that have been removed from the carcass and
whose original shape remain unaltered may be possessed on a
registered commercial fishing vessel if the corresponding carcass is
in possession for each tail and fin.



7705.  All chutes or conveyors used to convey fish or fish offal to
any receptacle, and all receptacles containing fish or fish offal to
be used for reduction purposes, shall be so constructed and
maintained that the fish or fish offal thereon or therein is at all
times open to view and inspection.



7706.  A written complaint may be made to the commission against any
person who violates Section 7700 to 7705, inclusive, 7707, 7708,
8075 to 8080, inclusive, or 8153, or any regulation adopted
thereunder, by any person having information or knowledge of the
violation.  If the person charged is found guilty of the offense
charged, the commission may suspend, for a period not to exceed 90
days, any license issued by any state board or officer to that person
to take, buy, sell, can, or preserve fish or fishery products.  No
other license shall be issued to that person during the period of
suspension.  The proceedings shall be conducted at one of the
commission's regularly scheduled meetings.



7707.  Any reduction plant in which any fish or any part thereof is
used in violation of the provisions of Section 7700 to 7706,
inclusive, 7708, 8151, 8153 to 8157, inclusive, and 8075 to 8080,
inclusive, of this code, or in violation of any regulation of the
commission, is a nuisance.  Whenever the existence of such nuisance
is shown to the satisfaction of the superior court of the county in
which the reduction plant is situated, by complaint filed in the name
of the people of the State of California, the court may issue a
temporary injunction to abate and prevent the continuance or
recurrence of such nuisance.  If the existence of a nuisance is
established in such action, an order of abatement shall be entered as
part of the judgment in the case, which order shall direct the
closing, for 12 months, of the building or place where such nuisance
was maintained, and, during such time, the building or place shall be
and remain in the custody of the court.



7708.  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.



7709.  The commission may establish rules and regulations for the
commercial taking of fish for educational and scientific purposes.



7710.  (a) If the director determines, based on the best available
scientific information, or other relevant information that the
director possesses or receives, and on at least one public hearing in
the area of the fishery, that taking in a fishery is being conducted
in a manner that is not sustainable, the director may order the
closure of any waters or otherwise restrict the taking under a
fishing license in state waters of that species.  Any closure or
restriction order shall be adopted by emergency regulation in
accordance with Chapter 3.5 (commencing with Section 11340) of
Division 3 of Title 2 of the Government Code.
   (b) The director shall bring to the attention of the commission
within seven working days any regulations adopted pursuant to this
section.  Any regulations shall be effective for only 30 days unless
the commission extends the closure or restriction under  any
authority  it may have, or unless the director orders another closure
or restriction, consistent with the requirements of subdivision (a).

   (c) The department shall give notice of any hearing to be held
pursuant to this section to the commission and its marine resources
committee as far in advance of the hearing date as possible.
   Nothing in this section or Section 7710.5 restricts any existing
jurisdiction of the department with regard to the regulation of
fisheries on the high seas.



7710.1.  A closure or restriction under Section 7710, or the removal
of a closure or restriction under Section 7710.5, may be appealed to
the commission.  The commission shall hear and decide the appeal
within a time that is meaningful, taking into account the duration of
the fishery and the economics of the fishery.


7710.5.  If, during the period that regulations adopted pursuant to
Section 7710 are effective, the director determines, based on
thorough and adequate scientific evidence and at least one public
hearing in the area of the fishery, that any species or subspecies
the taking of which was previously restricted, has recovered or
additional evidence indicates that the resource is not in danger of
irreparable injury, the director may remove the restriction on
taking.  Action to remove the restriction shall be by adoption of an
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 director shall bring to the attention of the Legislature,
within seven calendar days, any regulations adopted pursuant to this
section.



7712.  Where a fishery is closed or restricted due to the need to
protect a fishery resource, marine mammals, or sea birds, or due to a
conflict with other fisheries or uses of the marine environment, it
shall be the policy of the department and the commission, consistent
with budgetary and personnel considerations, to assist and foster the
development of alternative fisheries or alternative fishing gear for
those commercial fishermen affected by the restrictions, closures,
or resource losses, including, but not limited to, the issuing of
experimental gear permits pursuant to Section 8606 for alternative
fishing methods or fishing gear consistent with the policies set
forth in this division.


7715.  (a) If the Director of Environmental Health Hazard
Assessment, in consultation with the State Director of Health
Services, determines, based on thorough and adequate scientific
evidence, that any species or subspecies of fish is likely to pose a
human health risk from high levels of toxic substances, the Director
of Fish and Game may order the closure of any waters or otherwise
restrict the taking under a commercial fishing license in state
waters of that species.  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.
   (b) Any closure or restriction pursuant to subdivision (a) shall
become inoperative when the Director of Environmental Health Hazard
Assessment, in consultation with the State Director of Health
Services, determines that a health risk no longer exists.  Upon
making such a determination, the Director of Environmental Health
Hazard Assessment shall notify the Director of Fish and Game and
shall request that those waters be reopened for commercial fishing.

7850.  (a) Excepting persons expressly exempted under this code, no
person shall use or operate, or assist in using or operating, any
boat, aircraft, net, trap, line, or other appliance to take fish or
amphibia for commercial purposes, and no person shall cause to be
brought ashore, any fish or amphibia at any point in the state for
the purpose of selling them in a fresh state or shall contribute
materially to the activities on board the commercial fishing vessel,
unless the person holds a commercial fishing license issued by the
department.
   (b) Any person not required under subdivision (a) to hold a
commercial fishing license shall register his or her presence on
board the commercial fishing vessel in a log maintained by the owner
or operator of the vessel according to the requirements of the
department.
   (c) As used in this section, "person" does not include persons who
are less than 16 years of age, a partnership, corporation, or
association.  Any person, partnership, corporation, limited liability
company, or association may pay the fees for a license issued to any
person.
   (d) This article does not apply to the taking, transporting, or
selling of live freshwater fish for bait by the holder of a live
freshwater bait fish license issued pursuant to Section 8460.




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.


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.




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) Nothing in this section affects any other provision of law
relating to the employment of minors.



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).


7852.2.  Notwithstanding any other provision of law, commercial
fishing licenses or permits for which there is a renewal application
deadline may not be renewed after that deadline except as provided by
this section:
   (a) A penalty of fifty dollars ($50) shall be paid in addition to
the fee for renewal of commercial fishing licenses or permits that
are submitted on or before the last day of the next month immediately
following the renewal deadline.  This section does not apply to
permits issued pursuant to Section 8235 or 8550.  The department
shall deny all applications for renewal received after the last day
of the next month immediately following the renewal deadline.
   (b) Applications for renewal received after the last day of the
next month immediately following the renewal deadline shall be
returned to the applicant who may appeal to the commission for
renewal.  The commission shall, upon granting the appeal for renewal,
assess the late penalties provided for in subdivision (a).



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.


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 by the
Department of Motor Vehicles or by the entity issuing driver's
licenses from the licensee's state of domicile.



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.



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.


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.



7855.  The proceedings to revoke or suspend a commercial fishing
license shall be conducted at one of the commission's regularly
scheduled meetings.


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, or parts thereof, shall not be bought, sold, offered
for sale, transferred to any other person, landed, brought ashore,
or used for any purpose except for consumption by the crew and
passengers.
   (d) (1) All fish shall be maintained in such 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) No fish which may be possessed under sportfishing regulations
may be possessed in excess of the sport bag limit for each crew
member and passenger 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.  No person shall take or possess any 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.



7857.  Unless otherwise specified, the following conditions apply to
each commercial fishing license, permit, or other entitlement issued
to take, possess aboard a boat, or land fish for commercial purposes
and to each commercial boat registration issued by the department,
except licenses issued pursuant to Article 7 (commencing with Section
8030):
   (a) The person to whom a commercial fishing permit or other
entitlement is issued shall have a valid commercial fishing license
issued pursuant to Section 7852 that is not revoked or suspended.
   (b) The commission, after notice and opportunity for hearing, may
suspend, revoke, or cancel commercial fishing privileges for a period
of time to be determined by the commission for the following
reasons:
   (1) The person was not lawfully entitled to be issued the license,
permit, or other entitlement.
   (2) A violation of this code, the terms of the permit or other
entitlement, or the regulations adopted pursuant thereto, by the
licensee, permittee, person holding the entitlement, or his or her
agent, servant, employee, or person acting under the licensee's,
permittee's, or entitled person's direction or control.
   (3) A violation of any federal law relating to the fishery for
which the license, permit, or other entitlement was issued by the
licensee, permittee, person holding the entitlement, or his or her
agent, servant, employee, or person acting under the licensee's,
permittee's, or entitled person's direction or control.
   (c) The person to whom the commercial fishing license, permit, or
other entitlement is issued shall be present when fish are being
taken, possessed aboard a boat, or landed for commercial purposes.
This subdivision does not apply to commercial fishing vessel permits
or licenses.
   (d) The commercial fishing license, permit, or other entitlement
shall be in the licensee's, permittee's, or entitled person's
possession, or immediately available to the licensee, permittee, or
entitled person at all times when engaged in any activity for which
the commercial fishing license, permit, or entitlement is required.
   (e) Not more than one individual commercial fishing license,
permit, or other entitlement of a single type shall be issued to an
individual person and not more than one commercial vessel fishing
license, permit, or other entitlement of a single type shall be
issued for each vessel.
   (f) Any landing of fish used to qualify for, or renew, a
commercial fishing license, permit, or other entitlement shall be
reported on landing receipts delivered to the department pursuant to
Section 8046.
   (g) In addition to any other requirements in Article 7.5
(commencing with Section 8040), the name of the person issued the
commercial fishing license, permit, or other entitlement authorizing
the taking of the fish shall be included on the landing receipt for
that landing.
   (h) An application for a commercial fishing license, permit, or
other entitlement shall be made on a form containing the information
the department may require.  The commercial fishing license, permit,
or other entitlement shall be signed by the holder prior to use.
   (i) Any person who has had a commercial fishing license, permit,
or other entitlement suspended or revoked shall not engage in that
fishery, and shall not obtain any other commercial fishing license,
permit, or other entitlement that authorizes engaging in that
fishery, while the suspension or revocation is in effect.
   (j) A commercial fishing license, permit, or other entitlement is
not transferable unless otherwise expressly specified in this code.
   (k) Every commercial fishing license, permit, stamp, commercial
boat registration, or other entitlement issued pursuant to this part,
except commercial fish business licenses issued pursuant to Article
7 (commencing with Section 8030), is valid from April 1 to March 31
of the next following calendar year or, if issued after the beginning
of that term, for the remainder thereof.
   (l) A person who holds a commercial fishing vessel permit or other
entitlement authorizing the use of a vessel for commercial fishing
shall also hold a valid commercial boat registration for that vessel,
issued pursuant to Section 7881, that has not been suspended or
revoked.
   (m)  A person who holds a commercial fishing license, permit,
registration, or other entitlement, who moves or acquires a new
address shall notify the department of the old and new addresses
within three months of acquiring the new address.



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.

7860.  (a) Except as provided in subdivision (f) or (g), no person
who is 18 years of age or more and less than 70 years of age, on or
before April 1 of the current license year, shall take salmon for
commercial purposes or be on board a vessel on which salmon are taken
for commercial purposes while salmon are being taken or transported
unless that person has a commercial fishing salmon stamp issued
pursuant to this section affixed to his or her commercial fishing
license.
   (b) Except as provided in subdivision (f) or (g), the operator of
a vessel on which salmon are taken for commercial purposes shall not
permit a person on board that vessel while salmon are being taken or
transported unless that person was less than 18 years of age or 70
years of age or more on April 1 of the current license year or that
person has a commercial fishing salmon stamp affixed to the person's
commercial fishing license.
   (c) Except as provided in subdivision (b) of Section 7852.3 and
this subdivision, the department shall issue a commercial fishing
salmon stamp upon application therefor and payment of the fee of
eighty-five dollars ($85).  For any commercial salmon season preceded
by a commercial salmon season in which the commercial troll salmon
landings in this state equal or exceed 3,000,000 pounds dressed
weight, as determined by the department, the fee shall be increased
by twelve dollars and fifty cents ($12.50) for every 250,000 pounds
over 3,000,000 pounds of dressed weight landings, except that the
total fees as adjusted shall not exceed two hundred sixty dollars
($260).
   (d) A commercial fishing salmon stamp is valid during the
commercial salmon season of the year in which it was issued.
   (e) Notwithstanding Section 1053, upon application and payment of
an additional fee equal to that prescribed in subdivision (c), the
department may issue an additional commercial fishing salmon stamp
for a crewmember to the owner or operator of a vessel who holds a
commercial fishing salmon stamp.
   (f) Notwithstanding subdivision (a), one crewmember of a vessel
for which a commercial fishing salmon stamp is issued pursuant to
subdivision (e) may be aboard that vessel and take salmon for
commercial purposes as a crewmember on that vessel without obtaining
a commercial fishing salmon stamp under the following conditions:
   (1) The crewmember is designated by name and commercial fishing
license number on a form furnished by the department before salmon
are taken on the vessel when that crewmember is aboard.
   (2) The crewmember has a valid commercial fishing license issued
under Section 7850.
   (3) The commercial fishing salmon stamp for the crewmember is
affixed to the form prescribed in paragraph (1) on which the vessel
registration number of the vessel is entered and on which the
crewmember who is exempted by this subdivision is designated by the
last entered name and commercial fishing license number.
   (g) Persons who are exempt from the license requirements, or who
are not required to be licensed, pursuant to Section 7850, are exempt
from the requirements of this section.



7861.  (a) After deducting the administrative costs for issuing the
commercial fishing salmon stamps, the department shall deposit the
fees received pursuant to subdivision (b) of Section 7852.3 and
Section 7860 in the Commercial Salmon Stamp Account in the Fish and
Game Preservation Fund.  Notwithstanding Section 13340 of the
Government Code, the money in the account is continuously
appropriated to the department for new or expanded salmon restoration
and enhancement programs in the state that will serve to increase
ocean salmon landings.  No money in this account shall be used in
lieu of other funds appropriated for salmon restoration and
enhancement programs  authorized by law on or before January 1, 1988.

   (b) Thirty dollars ($30) of the fees collected for each commercial
fishing salmon stamp issued shall be allocated by the department to
be used for raising chinook salmon to a yearling size, at which size
they shall be released into state  waters.  The amount of salmon
stamp revenues expended for this purpose in any fiscal year shall not
exceed the amount expended by the department for the same purpose
during the same period from other funds.  The calculation of the
amount expended by the department for this purpose shall not include
expenditures made by the department for which reimbursements are
received from state or federal agencies, public utilities, or private
entities for raising chinook salmon to yearling size as part of a
fish mitigation program instituted to compensate for the adverse
effect of a dam on natural salmon production.  If the department
expends no funds other than moneys collected from the sale of
commercial fishing salmon stamps or moneys for which reimbursements
are received as part of an anadromous fish mitigation program for the
raising of chinook salmon to yearling  size within the period of a
fiscal year, the fees prescribed in Section 7860 shall be reduced by
an amount equivalent to that portion of the commercial fishing salmon
stamp program, as specified in this subdivision.
   If the salmon stamps issued pursuant to Section 7860 raise more
money for the  purpose of this subdivision than is necessary to match
the funds expended by the department during any fiscal year from
other funds, then the excess salmon stamp revenue allocated pursuant
to this subdivision shall be carried over into the following fiscal
year.


7861.1.  The Commercial Salmon Stamp Account in the Fish and Game
Preservation Fund shall not be charged administrative overhead costs
exceeding 3.3 percent of the annual expenditures from the account.
Interest derived from the account shall be deposited in the Fish and
Game Preservation Fund to help defray ongoing operational costs of
the department.



7861.2.  Notwithstanding any provision of any other code, the
department may receive on behalf of the Commercial Salmon Trollers
Enhancement and Restoration Program, for deposit in the Commercial
Salmon Stamp Account 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 Account 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 account.  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 Account
shall be deposited in the Fish and Game Preservation Fund.



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.




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.



7861.5.  In consultation with the Commercial Salmon Trollers
Advisory Committee, the department may allocate funds from the
Commercial Salmon Stamp Account 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.




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.  The department shall review the
programs and the budget and shall include its recommendations
regarding these items in the Governor's Budget and submit to the
Legislature an annual report on the sale of commercial fishing salmon
stamps, the expenditure of funds, and a status report of the
programs funded pursuant to Section 7861.  The department shall not
recommend funding for any program not contained in the committee's
recommendations.



7862.5.  (a) The Commercial Salmon Trollers Advisory Committee
established under Section 7862 may recommend to the director that a
nonprofit organization or the California Salmon Council be authorized
to create or contract to create salmon or salmon fishing artwork and
other materials based on that artwork, including, but not limited
to, a stamp, and offer those items for sale to the public during 2003
and thereafter, for the purpose of augmenting funding for the
Commercial Salmon Trollers Enhancement and Restoration Program
established under this article.
   (b) The committee may not recommend a nonprofit organization or
the California Salmon Council as authorized under subdivision (a),
unless all of the following conditions are met:
   (1) The proposed creation and sale of the artwork is pursuant to a
written business plan presented to the committee.
   (2) The committee determines that a reasonable share of the sales
of any stamp will be remitted to the department for deposit into the
Commercial Salmon Stamp Account established in the Fish and Game
Preservation Fund under Section 7861.
   (3) The committee determines that the creation and sale of the
artwork will act to increase public awareness and support for the
salmon stamp program and the restoration of salmon and their habitats
in the state.
   (4) Any other conditions deemed necessary by the committee for
determining whether to recommend approval to the director have been
met.
   (c) The director, upon receiving the recommendation of the
committee, and upon finding that there will be no new costs to the
department, may authorize the recommended entity to create or
contract to create salmon or salmon fishing artwork and other
materials based on that artwork, including, but not limited to, a
stamp, and offer those items for sale to the public, for the purpose
described in subdivision (a).
   (d) No person or entity, including, but not limited to, any
nonprofit organization, may use the name of the Commercial Salmon
Stamp, the Commercial Salmon Trollers Advisory Committee, or the
Commercial Salmon Trollers Enhancement and Restoration Program for
the sale of artwork and other materials, unless that person or entity
has been approved by the director under this section for that
purpose.  The approval of the director under this section shall be
for one year, after which the approval may be renewed for an
additional year, upon recommendation of the committee.
   (e) No artwork sold in the form of a stamp under this section
conveys to the purchaser any entitlement to engage in the commercial
salmon fishery.
   (f) Proceeds from the sales of artwork and other materials sold
under this section, after deduction of all reasonable costs borne by
the nonprofit organization or California Salmon Council for creation
of the artwork and conducting the sales, shall be deposited in the
Commercial Salmon Stamp Account.



7863.  This article shall remain in effect only until January 1,
2007, and as of that date is repealed, unless a later enacted statute
that is enacted before January 1, 2007, deletes or extends that
date.

7880.  (a) Every person owning or operating any 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 of Fish and Game
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
Department of Boating and Waterways, taking into consideration the
responsibilities and duties of the Department 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.




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.



7891.  The law relating to the subject of control of fishing in
state waters when delivery is to points beyond state waters was
adopted as an initiative measure at the General Election of November
8, 1938.  The reference to Section 845 in the last sentence is to
Sections 8630 to 8632, inclusive, of this code.  It reads as follows:

   1110--No person shall use or operate or assist in using or
operating in this State or the waters thereof, any boat or vessel
used in connection with fishing operations irrespective of its home
port or port of registration, which fishing boat or vessel delivers
or by which there is delivered to any point or place other than
within this State any fish, mollusks or crustaceans which are caught
in, or taken aboard said boat or vessel from, the waters of the
Pacific Ocean within this State or on the high seas or elsewhere,
unless a permit authorizing the same shall have been issued by the
Fish and Game Commission.
   Where it appears to the commission that such permit will not tend
to prevent, impede or obstruct the operation, enforcement or
administration of this code or any provision thereof, and will not
tend to result in fish, mollusks or crustaceans in the waters of this
State being taken or used otherwise than is authorized by this code,
the commission may issue revocable permits under such rules and
regulations and upon such terms and conditions as it may prescribe to
deliver fish, mollusks or crustaceans by the use of such boat or
vessel outside of this State, provided that nothing herein shall
authorize the transportation or carrying out of this State or any
district thereof, of any fish, mollusks or crustaceans where the same
is prohibited by law, and no permit shall be issued which may tend
to deplete any species of fish, mollusk or crustacean, or result in
waste thereof.  Any person who uses or operates or assists in using
or operating any boat or vessel in violation of the provisions of
this section is guilty of a misdemeanor and such boat or vessel and
the net, gear or other equipment of said boat or vessel is a public
nuisance and shall be forfeited.  It is the duty of every person
authorized to make an arrest for the violation of any of the
provisions of this code, to seize and keep such boat, vessel, net,
gear or other equipment and to report such seizure to the commission.
  The commission shall thereupon commence, in the superior court of
the county or city and county in which or nearest to which the
seizure is made, proceedings for forfeiture of the seized property
for its use in violation of this section, and such proceeding shall
be had in the manner and according to the procedure provided by
Section 845 of this code for the forfeiture of nets.



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).

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.



7921.  The base fee for a commercial passenger fishing boat 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.



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.



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.


7925.  (a) If a vessel is licensed under this article and 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 requirement under subdivision (b) 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 commercial passenger fishing
license.  No person shall operate, or cause to be operated, any
vessel licensed under this article in violation of this subdivision.
Vessels permitted as commercial salmon fishing vessels pursuant to
Section 8234 are exempt from the requirements of this subdivision.
   (b) Notwithstanding Section 1053, 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.

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.



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.


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.



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 (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.

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 as live bait, which are not brought ashore, and who does
not engage in any activity described in Section 8033, 8033.1, 8034,
8035, or 8036.


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.



8032.  (a) A commercial fish business license shall be issued which
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.



8033.  (a) Except as provided in Section 8033.1 or 8033.5, or
subdivision (c) 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.



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.



8033.2.  The annual fee for the marine aquaria receiver's license
is one thousand three hundred seventy-three dollars ($1,373).



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.



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.



8035.  (a) Except for a person exempt under Section 8030 or an
importer licensed under Section 8036, 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 persons required to have a
marine aquaria receiver's license pursuant to Section 8033.1.



8036.  Any person who purchases or receives fish, which 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).



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.
   (b) This section shall become operative on January 1, 1993.




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.



8039.  The fees specified in this article are applicable to the 2004
license year and shall be adjusted annually thereafter pursuant to
Section 713.

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 tax" means a privilege tax imposed pursuant to this
article.


8041.  (a) The following persons shall pay the landing tax
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 licensed fish receiver.
   (b) Notwithstanding subdivision (a), a person licensed pursuant to
Section 8460 who only takes, transports, or sells live freshwater
fish for bait or a commercial fisherman who sells live freshwater
fish for bait to such a licensed person, and a person licensed
pursuant to Section 8033.1 who takes, transports, or sells live
aquaria fish as described in Section 8597 or a commercial fisherman
who sells live aquaria fish, are exempt from the landing tax imposed
under this article.  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 tax.
   (c) Notwithstanding subdivision (a), a person who purchases,
sells, takes, or receives live marine fish for use as live bait as
described in subdivision (g) of Section 8030 is exempt from the
landing tax imposed under this article.



8042.  The amount of the landing tax under this article shall be
determined by multiplying the tax 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 tax 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 taxes shall be adjusted by a
conversion factor as determined by the department by regulation.



8043.  (a) Every commercial fisherman who sells or delivers fish
that he or she has taken to any person who is not licensed under
Article 7 (commencing with Section 8030), and every person who is
required to be licensed under Article 7 (commencing with Section
8030) to conduct the activities of a fish receiver, as described in
Section 8033, shall make a legible landing receipt record on a form
to be furnished by the department.  The landing receipt shall be
completed at the time of the receipt, purchase, or transfer of fish,
whichever occurs first.
   (b) The landing receipt shall show all of the following:
   (1) The accurate weight of the species of fish received, as
designated pursuant to Section 8045.  Sablefish may be reported in
dressed weight, and if so reported, shall have the round weights
computed, for purposes of management quotas, by multiplying 1.6 times
the reported dressed weight.
   (2) The name of the fisherman and the fisherman's identification
number.
   (3) The department registration number of the boat.
   (4) The recipient's name and identification number, if applicable.

   (5) The date of receipt.
   (6) The price paid.
   (7) The department origin block number where the fish were caught.

   (8) The type of gear used.
   (9) Any other information the department may prescribe.
   (c) The numbered landing receipt forms in each individual landing
receipt book shall be completed sequentially.  A voided fish landing
receipt shall have the word "VOID" plainly and noticeably written on
the face of the receipt.  A voided fish landing receipt shall be
submitted to the department in the same manner as a completed fish
landing receipt is submitted to the department.  A fish receiver who
is no longer conducting business as a licensed receiver shall forward
all unused landing receipts and landing receipt books to the
department immediately upon terminating his or her business activity.




8043.1.  (a) A person required to be licensed as a marine aquaria
receiver shall make a legible, true, and complete record of the
landing receipts on a form and in a manner prescribed by the
department.
   (b) The department may require any information from a person
required to be licensed as a marine aquaria receiver it deems
necessary to carry out this article.
   (c) The landing receipt form shall be completed at the time the
organisms are received from the commercial fisherman.  A person
required to be licensed as a marine aquaria receiver who takes his or
her own organisms shall complete a marine aquaria landing receipt
form at the time the organisms are brought ashore.
   (d) The copies of the aquaria landing receipts shall be delivered
to the department on or before the 1st and 16th day of each month as
provided in Section 8046.



8043.2.  (a) A commercial fisherman licensed pursuant to Section
8033.5 who sells fish from a vessel directly to the ultimate consumer
and  who is required pursuant to Section 8043 to make a landing
receipt shall make a landing receipt in either of the following ways:

   (1) For each individual sale  by that fisherman at the time of the
sale.
   (2) For each day that the fisherman is engaged in one or more
sales to the ultimate consumers, the fisherman shall maintain an
accurate tally sheet of sales, which shall include complete header
and signature box information filled out prior to any sales, and the
number of pounds by species of fish sold.  The total of the daily
sales shall be recorded at the completion of sales for that day on a
landing receipt.  A copy of the completed tally sheet shall be
attached to the corresponding landing receipt.  The original
completed tally sheet shall be attached to the fisherman's copy of
the corresponding landing receipt and maintained for a period of four
years.
   (b) A commercial fisherman licensed pursuant to Section 8033.5 who
sells directly to the ultimate consumer, or a commercial fisherman
who sells or delivers fish that the fisherman has taken to any person
who is not licensed under Article 7 (commencing with Section 8030)
to conduct the activities of a fish receiver, shall not be considered
a weighmaster for purposes of Chapter 7 (commencing with Section
12700) of Division 5 of the Business and Professions Code.
   (c) A commercial fisherman selling his or her own catch to the
ultimate customer, upon request by an authorized agent or employee of
the department, shall immediately make available all fish in
possession of the fisherman for inspection and sampling by the agent
or employee.  Pursuant to Section 8226, the fisherman shall
relinquish the head from any sampled salmon with a missing adipose
fin.


8045.  The names used in the landing receipt and transportation
receipt made under Sections 8043 and 8047 for designating the species
of fish dealt with shall be those in common usage unless otherwise
designated by the department.


8046.  (a) The original signed copy of the landing receipt made
under Section 8043 or 8043.1 shall be delivered to the department on
or before the 16th or last day of the month in which the fish were
landed, whichever date occurs first after the landing.  A copy of the
landing receipt shall be delivered to the commercial fisherman at
the time of the purchase or receipt of the fish.  That copy of the
landing receipt shall be retained by the commercial fisherman for a
period of four years and shall be available for inspection at any
time during that period by the department.  A copy of the landing
receipt shall be kept by the person licensed pursuant to Article 7
(commencing with Section 8030) who filled out the landing receipt for
a period of four years and shall be available for inspection at any
time within that period by the department.
   (b) On delivery of sardines, anchovies, mackerel, squid, tuna, or
bonito intended to be processed or sold as fresh fish, the person
licensed pursuant to Article 7 (commencing with Section 8030) who
filled out the landing receipt, upon request of the authorized agent
described in subdivision (c), shall notify the authorized agent of
the unloading and weighing of the fish and shall permit the
authorized agent to be present at all times during the weighing of
the fish.
   (c) A copy of the landing receipt shall be delivered to an agent
authorized in writing by the majority of the persons who participated
in the taking of the fish, excluding the commercial fisherman
receiving the original copy.



8046.1.  In addition to the requirements of Section 8046, any person
landing groundfish subject to federal groundfish regulations adopted
pursuant to the Magnuson Fishery Conservation and Management Act (16
U.S.C.  Sec. 1801 et seq.) shall keep a copy of the landing receipt
on board the fishing vessel throughout, and for 15 days following,
each period for which cumulative landings by individual vessels are
limited.



8047.  (a) (1) A person licensed under Article 7 (commencing with
Section 8030) who takes his or her own fish shall make a legible
record in the form of the landing receipt as required by Sections
8043 and 8043.1 at the time the fish are brought ashore.  The
original signed copy of the landing receipt shall be delivered by the
licensee to the department on or before the 16th day or the last day
of the month in which the fish were landed, whichever date occurs
first after landing.  A copy of the landing receipt shall be retained
by the licensee for a period of four years and shall be available
for inspection at any time within that period by the department.  A
copy of the landing receipt shall be delivered to an agent authorized
in writing by the majority of the persons who participated in the
taking of the fish, excluding the commercial fisherman receiving the
original copy.
   (2) A person licensed under Section 8033.5 who sells his or her
fish to a licensed receiver may use a transportation receipt to
transport those fish only to that licensed receiver.  The receiver
shall complete a landing receipt for those fish.  A person who sells
his or her fish to the ultimate consumer shall complete a landing
receipt pursuant to Sections 8043 and 8043.2.  Transportation
receipts shall be completed at the time the fish are transferred from
the fishing vessel.
   (b) Every commercial fisherman who sells fish taken from the
waters of this state or brought into this state in fresh condition to
persons not licensed to receive fish for commercial purposes
pursuant to Article 7 (commencing with Section 8030) shall make a
legible record in the form of the landing receipt required by
Sections 8043 and 8043.1.  Persons subject to Section 8043 shall
remit the landing tax imposed by Section 8041.  The person taking,
purchasing, or receiving the fish, whether or not licensed under
Article 7 (commencing with Section 8030), shall sign the landing
receipt.  The original signed copy of the landing receipt shall be
delivered by the commercial fisherman to the department on or before
the first and 16th day of each month.  A copy of the landing receipt
shall be retained by the commercial fisherman for a period of four
years and shall be available for inspection at any time within that
period by the department.  A copy of the landing receipt shall be
retained by the person taking, purchasing, or receiving the fish
until they are prepared for consumption or otherwise disposed of.  A
copy of the landing receipt shall be delivered to an agent authorized
in writing by the majority of the persons who participated in the
taking of the fish, excluding the commercial fisherman receiving the
original copy.
   (c) (1) Every commercial fisherman or his or her designee, who
transports, causes to be transported, or delivers to another person
for transportation, any fish, except herring, taken from the waters
of this state or brought into this state in fresh condition, shall
fill out a transportation receipt according to the instructions and
on forms provided by the department at the time the fish are brought
ashore.
   (2) The original signed copy of the transportation receipt shall
be delivered by the commercial fisherman to the department on or
before the 16th day or the last day of the month in which the fish
were landed, whichever date occurs first after landing.  A copy of
the transportation receipt shall be retained by the commercial
fisherman who filled it out for a period of four years and shall be
available for inspection at any time within that period by the
department.  A copy of the transportation receipt shall be given to
and retained by the person transporting the fish until the fish are
sold fresh, processed, or otherwise disposed of.
   (3) The transportation receipt is required only for transit
purposes.
   (4) A person transporting fish from the point of first landing
under a transportation receipt is not required to be licensed to
conduct the activities of a fish receiver as described in Section
8033.
   (5) The transportation book receipt shall be issued to an
individual fisherman and is not transferable.
   (d) The transportation receipt shall contain all of the following
information:
   (1) The name of each species of fish, pursuant to Section 8045.
   (2) The date and time of the receipt.
   (3) The accurate weight of the species of fish being transported.
Sablefish may be reported in dressed weight, and if so reported,
shall have the round weights computed, for purposes of management
quotas, by multiplying 1.6 times the reported dressed weight.
   (4) The name and identification number of the fisherman.  The
signature of the fisherman authorizing transportation.
   (5) The name of the person transporting the fish.
   (6) The name of the fish business, the fish business
identification number, and the corresponding landing receipt number
issued by the fish business to the commercial fisherman.
   (7) The department registration number of the vessel and the name
of the  vessel.
   (8) The department origin block number where the fish were caught.

   (9) The port of first landing.
   (10) Any other information the department may prescribe.
   (e) The numbered transportation receipt forms in each individual
transportation receipt book shall be completed sequentially.  A
voided fish transportation receipt shall have the word "VOID" plainly
and noticeably written on the face of the receipt.  A voided fish
transportation receipt shall be submitted to the department in the
same manner as a completed fish transportation receipt is submitted
to the department.  A commercial fisherman who is no longer
conducting business as a licensed fisherman shall forward all unused
transportation receipts and transportation receipt books to the
department immediately upon terminating his or her business activity.




8050.  (a) In addition to the receipt required in Section 8043,
every person licensed under Article 7 (commencing with Section 8030),
and any commercial fisherman who sells fish to persons who are not
licensed under Article 7 (commencing with Section 8030), and any
person who deals in fresh or frozen fish for profit, shall keep
accounting records in which all of the following shall be recorded:
   (1) The names of the different species.
   (2) The number of pounds sold, distributed, or taken of each
different species.
   (3) The name of the person to whom the fish were sold or
distributed.
   (4) The name, address, and phone number of the seller or
distributor.
   (5) The date of sale.
   (6) The price paid.
   (7) The intended use.
   (b) Accounting record information required by this section that is
transmitted from any person identified in subdivision (a) to any
business that deals in fish for profit shall be in the English
language.
   (c) The accounting records shall be maintained by both buyer and
seller for a period of three years and upon request, shall be open
for inspection during normal business hours by the department.  The
accounting records shall be maintained within the State of
California.
   (d) The names used for designating the species of fish shall be
those in common usage unless otherwise designated by the department.




8051.  (a) The landing tax imposed pursuant to Section 8041 shall be
determined pursuant to Section 8042 by using the tax rates in the
following schedule:


                                                   Rate per
                                                     pound
(1) All fish, except as otherwise specified
    in this section .........................       $0.0013
(2) Mollusks and crustaceans, excluding squid
    and crab ................................         .0125
(3) Crab ....................................         .0019
(4) Squid ...................................         .0019
(5) Salmon, based only on the weight
    in the round ............................         .0500
(6) Lobster .................................         .0125
(7) Abalone .................................         .0125
(8) Anchovies ...............................         .0013
(9) Sardines ................................         .0063
(10) Mackerel ................................        .0013
(11) Halibut .................................        .0125
(12) Angel shark, based only on the weight
    in the round ............................         .0113
(13) Swordfish, based only on the weight
    in the round ............................         .0125
(14) Thresher shark, based only on the weight
    in the round ............................         .0113
(15) Bonito shark, based only on the weight
    in the round ............................         .0113
(16) Herring .................................        .0125
(17) Sea urchin ..............................        .0013
(18) The following fish:  .....................        .0125
    Barracuda
    Flying fish
    Frogs
    Giant sea bass
    Saltwater worms
    White sea bass
    Yellowtail

   (b) This section shall become operative on January 1, 1994.



8051.2.  (a) (1) The landing fee collected pursuant to Section
8051.1, as that section read on December 31, 2001, shall be deposited
in the Fish and Game Preservation Fund and shall be used to fund a
wide range of projects, activities, and programs based on an
ecosystem approach to sea urchin management to ensure a sustainable
sea urchin fishery.  The funds shall be used for sea urchin fishery
research, enhancement, and other projects contributing to sustainable
fishery management practices, including, but not limited to,
educational materials and forums, industry coordination, and
communication, and for the purposes described in paragraph (2).  The
department shall maintain internal accountability necessary to ensure
that all restrictions on the expenditure of these funds are met.
   (2) After the approval of the Sea Urchin Fishery Advisory
Committee, funds collected pursuant to Section 8051.1, as that
section read on December 31, 2001, may be paid to the Department of
Food and Agriculture to pay the costs of conducting a referendum vote
to establish a marketing council or commission for the promotion of
sea urchins if the establishment of a marketing council or commission
is authorized by the Food and Agricultural Code.
   (b) The Sea Urchin Fishery Advisory Committee shall annually
submit recommendations to the department for expending the fee
revenue collected pursuant to Section 8051.1, as that section read on
December 31, 2001, on any authorized project or activity.  The
committee and the department may establish a formal grant program to
annually solicit, review, and select projects for funding.
   (c) An amount, not to exceed 20 percent of the remaining fee
revenues collected pursuant to Section 8051.1 may be used to
administer the programs or projects funded from the revenues
collected pursuant to Section 8051.1, as that section read on
December 31, 2001, and for the reasonable and necessary expenses of
the Sea Urchin Fishery Advisory Committee, including, but not limited
to, reimbursing members for travel costs to attend committee
meetings, retaining an industry representative, and selecting
projects for funding.
   (d) (1) The director shall appoint a Sea Urchin Fishery Advisory
Committee consisting of 10 members, which shall meet not less than
three times annually.  Members shall serve at the pleasure of the
director for a term of not more than two years and may be
reappointed.  Members shall be selected by the director from
nominations submitted by sea urchin fishermen and processors and by
associations representing the commercial sea urchin industry of
California.  Five of the industry members shall represent processors
and five of the industry members shall represent divers.  Each of the
diver representatives shall hold a valid sea urchin diving permit.
Two of the diver representatives shall be from northern California,
and three of the diver representatives shall be from southern
California.  One of the diver representatives from southern
California shall reside in Santa Barbara County, one in Ventura
County, and one in either Los Angeles County or San Diego County.
All of the California diver representatives shall reside in different
geographical areas of the state.  Each diver representative shall
select an alternate, approved by the director, who may act in that
representative's absence.  The alternate is not required to hold a
current sea urchin diving permit and may reside in any geographical
area in the state.
   (2) The Sea Urchin Fishery Advisory Committee shall select a
chairperson from its membership.  The committee may contract with a
person to serve as an industry representative, with the concurrence
of the department, to work with the department's liaison in carrying
out committee actions and recommendations and preparing for committee
meetings.
   (3) The department shall assign a staff liaison to coordinate with
the chairperson and industry representative to ensure the actions of
the committee are communicated to the department when undertaking
fishery management activities.
   (4) Members of the Sea Urchin Fishery Advisory Committee shall be
considered for participation in relevant advisory positions and
collaborative efforts established pursuant to Part 1.7 (commencing
with Section 7050), and the committee may be consulted, as
appropriate, regarding interim management or related fishery issues.

   (e) The Sea Urchin Fishery Advisory Committee may annually submit
to the department proposed projects and a budget for expending the
remaining balance of the fee revenue collected pursuant to Section
8051.1, as that section read on December 31, 2001.  The department
shall report annually to the committee on all expenditures and
accomplishments during the previous year for funds collected pursuant
to Section 8051.1.
   (f) (1) The department may contract with a nonprofit organization,
in existence on the effective date of the act adding this section,
which is established for the purpose of supporting and assisting the
department, to support and assist the department in carrying out its
duties pursuant to this section and may use the remainder of any
funds collected pursuant to Section 8051.1 for that contract each
fiscal year.  The nonprofit organization shall be selected by the
department with the advice of the Sea Urchin Fishery Advisory
Committee.
   (2) If the department enters into that contract, the nonprofit
organization shall be responsible for carrying out this section,
including coordinating activities with the Sea Urchin Fishery
Advisory Committee and administering the expenditure of sea urchin
landing fees collected pursuant to Section 8051.1 as that section
read on December 31, 2001.  The department may not delegate the
department's authority to seek and consider the advice of the Sea
Urchin Fishery Advisory Committee regarding fishery management and
related fishery issues.
   (3) A contract awarded by the nonprofit organization for the
purposes of this section is exempt from Chapter 1 (commencing with
Section 10100) of Part 2 of the Public Contract Code.
   (4) The nonprofit organization may, in addition, establish and
administer an endowment fund for the purposes of this section.  Funds
received by the department pursuant to this section, any other funds
received from the department, and nonstate funds received for these
purposes may be deposited into the endowment fund.
   (g) This section shall remain in effect only until January 1,
2007, and as of that date is repealed, unless a later enacted statute
that is enacted before January 1, 2007, deletes or extends that
date.



8051.3.  (a) Any person who is required to pay a landing tax for
abalone pursuant to Sections 8041 and 8042 shall pay, in addition to
the landing taxes determined pursuant to Section 8051, an additional
tax of nineteen and one-half cents ($0.195) for each pound, or
fraction thereof, of abalone, determined as provided in Section 8042.

   (b) This section shall remain in effect only until January 1,
2007, and as of that date is repealed, unless a later enacted statute
that  is enacted before January 1, 2007, deletes or extends that
date.


8051.4.  (a) The landing tax collected pursuant to Section 8051.3
shall be deposited in the Fish and Game Preservation Fund and shall
be used only for the Abalone Resources Restoration and Enhancement
Program.  The department shall maintain internal accounts necessary
to ensure that the funds are disbursed for the purposes in this
subdivision.  No more of the landing tax collected pursuant to
Section 8051.3 than an amount equal to the regularly approved
department indirect overhead rate may be used for administration by
the department.  Any interest on the revenues from the landing tax
collected pursuant to Section 8051.3 shall be deposited in the fund
and used for the purposes in this subdivision.
   (b) A Commercial Abalone Advisory Committee shall be appointed by
the director, consisting of six members who shall serve without
compensation or reimbursement of expenses.  One of the members shall
be a person who was required to pay landing taxes pursuant to Section
8051.3 during the 1996-97 permit year.  Each of the five remaining
members shall have held a commercial abalone diving permit during the
1996-97 permit year, and represent the following groups and
organizations:
   (1) One member shall be selected from divers with a place of
residence north of Point Sur.
   (2) One member shall be selected from divers with a place of
residence south of Point Dume.
   (3) One member shall be selected from divers with a place of
residence south of Point Sur and north of Point Dume.
   (4) Two members shall be selected from the membership of the
California Abalone Association without regard to place of residence.
This subdivision does not prohibit persons selected pursuant to
paragraph (1), (2), or (3) from also being members of the California
Abalone Association.
   (c) The advisory committee shall make recommendations to the
director and the director shall use his or her best efforts to
implement those recommendations for activities to be conducted with
funds collected pursuant to Section 8051.3, and those funds collected
from any previous calendar year shall be available for use for those
activities.
   (d) This section shall remain in effect only until January 1,
2008, and as of that date is repealed, unless a later enacted statute
that is enacted before January 1, 2008, deletes or extends that
date.



8052.  Landing taxes shall be used only for the administration of
laws relating to the commercial fishing industry, except as follows:

   (a) Not less than 90 percent of the landing tax on herring taken
for roe shall be expended for research and management activities to
maintain and enhance the herring resources within the waters of this
state.
   (b) Not less than 90 percent of the landing tax on thresher shark
or bonito (mako) shark shall be expended for the study required by,
and for the costs of administering, Article 16 (commencing with
Section 8560) of Chapter 2.



8053.  Landing taxes imposed by this article shall be paid quarterly
to the department within 30 days after the close of each quarter.
   If any landing tax is not paid within 30 days after the close of
the quarter for which it is due, the department shall collect amounts
owing under the procedures prescribed for sales and use taxes
provided in Chapter 5 (commencing with Section 6451) and Chapter 6
(commencing with Section 6701) of Part 1 of Division 2 of the Revenue
and Taxation Code, insofar as they may be applicable, and for those
purposes, "board" means the department and "the date on which the tax
became due and payable" means that date 30 days after the close of
the quarter for which it is due.


8055.  All moneys received as a privilege tax from persons who
receive salmon from fishermen under the provisions of this article
shall be used only for the purpose of propagating salmon.



8056.  Except as otherwise provided in this article, all moneys
collected pursuant to this article shall be paid to the department,
and shall be expended for the patrol of packing plants, inspection
and regulation of the fishing industry, and conservation work for the
benefit of the commercial fishing industries.



8057.  If the department determines that any tax or penalty has been
paid more than once or has been erroneously or illegally collected
or computed, the department shall set forth that fact in the records
of the department.  The excess amount collected or paid shall be
credited on any amounts then due and payable from the person under
this part, and the balance shall be refunded to the person, or his
successors, administrators, or executors.



8058.  In the event of overpayment of any of the taxes imposed by
this article, the taxpayer may file a claim for refund or a claim for
credit with the department.  No refund or credit shall be approved
by the department unless the claim therefor is filed with the
department within six months after the close of the calendar year in
which the overpayment was made.



8059.  Every claim for refund or credit for overpayment of a landing
tax shall be in writing and shall state the specific grounds upon
which the claim is founded.



8060.  Failure to file a claim for refund or credit within the time
prescribed in this article constitutes a waiver of any demand against
the state on account of overpayment of a landing tax or taxes.



8061.  Within 30 days after disallowing any claim for refund or
credit for overpayment of a landing tax in whole or in part, the
department shall serve notice of its action on the claimant, either
personally or by mail.  If served by mail, service shall be made
pursuant to Section 1013 of the Code of Civil Procedure and shall be
addressed to the licensee at his address as it appears in the records
of the department, but the service shall be deemed complete at the
time of the deposit of the notice in the mail without extension of
time for any reason.


8062.  Interest shall be paid upon any overpayment of a landing tax
at the rate of one-half of 1 percent per month from the date of
overpayment.  The interest shall be paid to the date the claim for
refund or credit is approved by the department.




8063.  If the department determines that any overpayment of a
landing tax has been made intentionally or by reason of carelessness,
it shall not allow any interest thereon.



8064.  No injunction or writ of mandate or other legal or equitable
process shall issue in any suit, action, or proceeding in any court
against this state or against any officer of the state to prevent or
enjoin the collection under this article of any landing tax.



8065.  No suit or proceeding shall be maintained in any court for
the recovery of any amount of landing tax alleged to have been
erroneously paid or erroneously or illegally determined or collected
unless a claim for refund or credit has  been duly filed pursuant to
Sections 8058 and 8059.



8066.  Within 90 days after the mailing of the notice of the
department's action upon a claim filed pursuant to Sections 8058 and
8059, the claimant may bring an action against the department on the
grounds set forth in the claim in a court of competent jurisdiction
in any city or city and county of this State in which the Attorney
General has an office for the recovery of the whole or any part of
the amount with respect to which the claim has been disallowed.
   Failure to bring action within the time specified constitutes a
waiver of any demand against the State on account of alleged
overpayments.


8067.  If the department fails to mail notice of action on a claim
for refund or credit for overpayment of a landing tax within six
months after the claim is filed, the claimant may, prior to the
mailing of notice by the department of its action on the claim,
consider the claim disallowed and bring an action against the
department on the grounds set forth in the claim for the recovery of
the whole or any part of the amount claimed as an overpayment.



8068.  If judgment is rendered for the plaintiff, the amount of the
judgment shall first be credited on any landing tax due and payable
from the plaintiff to the state under this article.  The balance of
the judgment shall be refunded to the plaintiff.



8069.  In any judgment, interest shall be allowed at the legal rate
of interest on unsatisfied judgments, as provided in Section 685.010
of the Code of Civil  Procedure, upon the amount found to have been
illegally collected from the date of payment of the amount to the
date of allowance of credit on account of the judgment or to a date
preceding the date of the refund warrant by not more than 30 days,
the date to be determined by the department.



8070.  A judgment shall not be rendered in favor of the plaintiff in
any action brought against the department to recover any amount paid
when the action is brought by or in the name of an assignee of the
person paying the amount or by any person other than the person who
paid the amount.

8075.  The commission may grant a permit, subject to such
regulations as it may prescribe, to take and use fish by a reduction
or extraction process.


8076.  No reduction of fish shall be permitted which may tend to
deplete the species, or result in waste or deterioration of fish.



8077.  No permit shall be issued except after a public hearing and a
finding by the commission that the granting thereof would promote
the economic utilization of the fish resources of the State in the
public interest.  In making such finding the commission shall take
into consideration the interest of the people of the State in the
utilization and conservation of the fish supply and all economic and
other factors relating thereto, including the efficient and
economical operation of reduction plants.



8078.  A hearing pursuant to this article shall be held within 30
days after application for a permit, upon such notice as the
commission shall prescribe.  The commission may extend such a hearing
from time to time for a total period of not more than 30 days.




8079.  The commission shall, whenever necessary to prevent
overexpansion, to insure the efficient and economical operation of
reduction plants, or to otherwise carry out the provisions of this
article, limit the total number of permits which are granted.




8079.1.  Notwithstanding any other provision of this code or
regulation enacted pursuant thereto, the Director of the Department
of Fish and Game, or a representative appointed by him, may, without
notice or a hearing, grant a license to fish reduction plants to
dispose of dead or dying fish.  The license may be immediately issued
by the director or his representative whenever such person
determines, in his discretion, that an emergency situation exists.
The estimated tonnage to be reduced shall be specified as a limit in
the license.


8080.  Nothing in this article restricts the power of any court in
any proceeding relating to any matter arising out of the provisions
of this article.

8100.  "Limited entry fishery" means a fishery in which the number
of persons who may participate or the number of vessels that may be
used in taking a specified species of fish is limited by statute or
regulation.


8101.  (a) Any licensed fisherman shall be eligible for inclusion
during the initial year of a limited entry fishery which is
established by statute that becomes operative after January 1, 1982,
or by regulation that becomes operative after January 1, 1999,
regardless of the prescribed conditions for entry into the fishery,
if the fisherman presents to the department satisfactory evidence
that he or she has been licensed as a California commercial fisherman
for at least 20 years and has participated in the fishery for at
least one of those 20 years, with qualifying participation in the
fishery to be determined by the commission based on landings or other
appropriate criteria.
   (b) Fishermen who have established eligibility to participate in a
limited entry fishery under this section are subject to conditions
of continuing eligibility established by statute or regulation if
those fishermen desire to maintain their eligibility.



8102.  (a) The Legislature finds and declares that, in some limited
entry fisheries, two or more partners may be operating with one of
the partners holding the permit to participate in the fishery.  The
Legislature further finds and declares that undocumented, de facto,
family partnerships are a longstanding custom in these fisheries.
The Legislature further finds and declares that great hardship
results when the permittee partner is no longer able to continue
working and leaves the other partner without a permit to continue
participating in the fishery.
   (b) In any limited entry fishery in which permits are allocated to
participants in the fishery, and where the death, incapacity, or
retirement of a permittee from that fishery would deprive a working
partner of the permittee of the ability to continue to derive a
livelihood from that fishery, a permit shall be issued, upon
application, to one remaining partner.
   (c) A working partner for the purposes of this section shall be a
spouse, child (including an adopted child), or sibling of the
permittee, whose investment or equity need not be proven by
documentation, or a person who can prove an investment or equity in
the vessel or gear used in the fishery, and who would otherwise have
been eligible for a permit and did not obtain one because he or she
was working with or was a partner with the permittee.
   (d) The working partner shall also provide substantial evidence of
an actual physical working participation aboard the vessel supported
by the submission of documents filed with the Franchise Tax Board
and supported by trip settlement sheets or similar documents that
demonstrate earnings from that participation.  "Trip settlement sheet"
means a document prepared after a vessel has completed a  fishing
trip which displays the costs incurred, revenues received, and
profits paid out. Investment or equity alone does not establish that
the person is a working partner.
   (e) Those existing working partners other than the family
relationships specified in subdivision (c) may, not later than
February 1, 1984, declare and prove the working partnership in a
manner satisfactory to the department and request that the department
state the fact of the working partnership upon the permit.
Thereafter, a nonfamily working partnership shall be declared,
proved, and noted upon any limited entry permit at the first issuance
of the permit.
   (f) This article does not apply to permits to take herring for roe
in California.



8103.  (a) The Legislature finds and declares as follows:
   (1) The accidental death of a limited entry permittee results in
great hardships on the permittee's family.
   (2) Under the law as it existed immediately prior to January 1,
1987, if a member of the permittee's family has not been actively
working in the fishery, the limited entry permit could not be
transferred to a member of the family, an action which deprives the
family of the opportunity to continue to derive a livelihood from the
fishery and which imposes greater hardships.
   (3) When there is an accidental death of a limited entry
permittee, a transition period is necessary to allow a family member
to join the fishery and to become acclimated, knowledgeable, and
experienced in the fishery.
   (b) Notwithstanding Section 8102, the department shall transfer a
permit for a limited entry fishery, upon application, to a parent,
spouse, child, or sibling of a permittee whose death was the result
of an accident which occurred after January 1, 1986.
   (c) Application for the transfer of a permit pursuant to
subdivision (b) shall be made on or before January 1, 1987, or not
more than one year after the death of the permittee, whichever is
later.
   (d) The director may authorize another person, when requested by
the new permittee, to serve in the place of the new permittee and to
engage in fishing activities under the authority of the limited entry
permit for not more than two years from the date of the permit
transfer.
   (e) "Accidental death" means death resulting directly and solely
from any of the following:
   (1) An accidental injury visible on the surface of the body or
disclosed by an autopsy, sustained solely by external, violent, and
accidental means.
   (2) A disease or infection resulting directly from an accidental
injury and beginning within 30 days after the date of the injury.
   (3) An accidental drowning.



8104.  Upon the death of a limited entry 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 partner qualified pursuant to
Section 8552.6.  This transfer shall be initiated by notice to the
department, in writing, sent by certified mail, within one year of
the date of death.  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 shall be thereafter
treated as a herring permit that has not been renewed.  The
department may, upon written application, grant an extension of time
up to one additional year for the transfer to be initiated.

8110.  (a) The Legislature finds and declares that dramatic changes
have very recently taken place in the methods and geographic areas of
effort by California-based commercial fishermen.
   (b) The Legislature further finds and declares that because the
conditions which now exist could not be seen at the time of their
inception, some existing regulations are now unreasonably
restrictive.  In some cases, existing statutes and regulations
prohibit California fishermen from participating in or landing in
California the primary product, or the incidental product, of their
effort in the newly developed far offshore fisheries.  This situation
is detrimental to the interests of the fishermen, the fish
processors, and the consumers of California.



8111.  "Far offshore fishery" means a fishery that lies outside the
United States 200-mile  exclusive economic zone, as defined by
paragraph (6) of Section 1802 of Title 16 of the United States Code.



8112.  Notwithstanding any other section of this code, fish taken in
a far offshore fishery, which may be lawfully imported, may be
landed in this state by persons operating a commercial fishing vessel
registered pursuant to Article 4 (commencing with Section 7880) who
took the fish in the far offshore fishery.



8113.  (a) Prior to departure from any port in the United States for
the purpose of taking fish in the far offshore fishery, the operator
of any vessel landing fish in California that will be taken in the
far offshore fishery shall file a declaration with the department on
forms prescribed by the department.
   (b) The declaration shall be valid when signed by the vessel
operator and completed with information prescribed by the department.

   (c) Upon completion of the trip and within 12 hours of arrival at
a port in this state, the operator of the vessel shall complete and
submit the return portion of the declaration to the department.
   (d) This section does not apply to any commercial fisherman using
or possessing only troll lines, as defined in subdivision (b) of
Section 9025.5, or gear for angling, as defined in Section 15, for
the taking or possession of albacore only.



8114.  It is unlawful for the operator of any vessel operating under
authority of this article to fish in, or land fish from, any waters
within the United States 200-mile  exclusive economic zone during any
trip for which the operator  filed a declaration with the department
to fish in the far offshore fishery.

8120.  The definitions in this section govern the construction of
this article:
   (a) "Environmental purpose" means the intent to prevent or
minimize adverse ecological effects to water quality.
   (b) "High seas interception" means the unauthorized taking of
salmon for commercial purposes outside the United States 200-mile
fishery conservation zone. "Unauthorized" means contrary to a statute
or regulation of the United States or this state or to a treaty or
international fishery agreement, or in violation of a foreign law.
   (c) "Humanitarian purpose" means the intent to provide medical
services for a sick or injured person, or to prevent the loss of
human life.
   (d) "Process" means affecting the condition or location of salmon,
including preparation, packaging, storage, refrigeration, or
transportation.
   (e) "Written instrument" means hand written or printed matter,
including vessels' logs and papers, bills of lading and sale,
documents relating to processing, shipping, and customs, and
information stamped on or affixed to cans, crates, containers,
freight, or other means of storage or packaging.



8121.  It is unlawful for any person to do any of the following:
   (a) To buy, sell, trade, process, or possess salmon, or attempt to
buy, sell, trade, process, or possess salmon, with the knowledge
that the salmon has been, or will be, obtained by high seas
interception.
   (b) To knowingly provide financing, premises, equipment, supplies,
services, power, or fuel used to buy, sell, trade, process, or
possess salmon that has been, or will be, obtained by high seas
interception.
   (c) Act as a broker or middleman, or otherwise act on behalf of
another person, to arrange for or negotiate, or attempt to arrange
for or negotiate, the purchase, sale, trade, processing, or
possession of salmon, with the knowledge that the salmon has been, or
will be, obtained by high seas interception.




8122.  It is unlawful for any person to create, circulate, or
possess any written instrument related to salmon with the knowledge
that the written instrument conveys misleading or untrue information
about the ownership, possession, processing, origin, destination,
route of shipping, type, or condition of salmon, or the time, place,
and manner of the taking of the salmon.



8123.  (a) If any person knows that a vessel contains salmon
obtained by high seas interception or that the owner or operator of
the vessel intends to engage in the high seas interception of salmon,
it is unlawful for that person to do any of the following:
   (1) Move persons, cargo, or other property to or from the vessel.

   (2) Service or repair the vessel or its equipment.
   (3) Provide the vessel with power, supplies, equipment, or fuel.
   (4) Provide the vessel with information, other than weather
reports, capable of aiding the high seas interception of salmon or
frustrating or avoiding detection, including communicating the
movements, intentions, or activities of state or federal law
enforcement officials or other fishing vessels.
   (5) Permit the vessel to dock or anchor, or to remain docked or
anchored, if that person is responsible for the operation of the
facility, harbor, or anchorage.
   (b) This section does not prohibit any person from performing any
act or acts set forth in subdivision (a), if that person reasonably
believes that the act or acts were necessary for humanitarian or
environmental purposes or to prevent a significant loss of property,
if that person provides immediate notice, by the quickest available
means, to the United States Coast Guard, the department, or any law
enforcement agency as to the type of assistance provided and the
circumstances involved.

8125.  There is hereby established the Commercial Fisheries Capacity
Reduction Account in the Fish and Game Preservation Fund.  Fees
collected pursuant to Section 8126 shall be deposited into the
account.  Money in the account shall be used to repay the California
fishermen's share of any federal loans used in the federal West Coast
Groundfish Fishery Capacity Reduction Program (Sec. 212, P.L.
107-206).  The commission may establish, by regulation, any
additional program elements necessary to conform state law to federal
law, in order to allow California groundfish fishermen to fully
participate in the federally established buy-back program for the
Pacific groundfish fishery.



8126.  The commission shall establish a capacity reduction fee on
the taking of certain species of fish and shellfish, consistent with
the West Coast Groundfish Fishery Capacity Reduction Program.  In
establishing the fee, the commission shall also consider the
administrative cost associated with collecting these fees.