CCLME.ORG - COMMERCIAL FISHING

(continued)
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2007, and as of that date is repealed, unless a later enacted statute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 (continued)