CCLME.ORG - COMMERCIAL FISHING

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 (continued)