CCLME.ORG - Particular Varieties of Fish COMMERCIAL FISHING

State
California
FGC Sec 8140-8599 Particular Varieties of Fish COMMERCIAL FISHING (Fish)

FISH AND GAME CODE
SECTION 8140-8599.4

8140. All fish, the taking of which is not otherwise restricted for
commercial purposes, by state or federal law or any regulations
adopted pursuant to those laws, may be taken at any time for
commercial purposes.

8150.5. (a) Sardines may not be taken or possessed on any boat,
barge, or vessel except pursuant to Section 8150.7.
(b) This section does not prohibit the possession or use of
sardines imported into this state under a bill of lading identifying
the country of origin.
(c) Imported sardines may be used for dead bait under regulations
adopted by the commission.

8150.7. It is the intent of the Legislature that the sardine
resource be managed with the objective of maximizing the sustained
harvest. The department shall manage the sardine resource in
conformance with the federal fishery regulations as recommended by
the Pacific Fishery Management Council and as adopted by the
Secretary of Commerce.

8154. No person shall receive, possess, or sell sardines for any
purpose except for that purpose specified on the fish receipt
completed at the time of landing of those sardines pursuant to
Section 8043.

8180. In any district or part of a district lying south of a line
drawn east and west through Point Mugu, anchovies may be taken in any
quantity for bait or for human consumption in a fresh state, or, by
contract with the department, for hatchery food, not to exceed 500
tons per year.

8181. Anchovies taken south of that line in waters not less than
three nautical miles from the nearest point of land on the mainland
shore, and anchovies taken north of that line in any waters, may be
possessed, transported, sold, or otherwise dealt with in any district
or part of a district south of that line.

8182. The operator of any boat engaged in taking anchovies in
waters south of the line described in Section 8180 shall at all times
while operating such boat identify it by displaying on an exposed
part of the superstructure, amidships on each side and on top of the
house visible from the air, the Department of Fish and Game
registration number of the boat, in 14-inch black numerals on white
background.

8183. No anchovies may be taken for any purpose in Humboldt Bay,
except under the following conditions:
(a) Anchovies may be taken for live bait between May 1 and
December 1 and may be taken for dead bait between May 1 and August
31. The operator of a vessel may take anchovies only for use in his
or her own fishing operation, except that the operator may make
incidental sales of anchovies so taken to local sport fishermen for
their use as bait.
This subdivision does not prevent the cooperative effort of two or
more vessel operators or their crews working together with one net
if each operator has complied with the notification requirement in
subdivision (b).
(b) An observer who is an employee of the department shall inspect
any bait operation and may halt that operation if the operation
cannot be conducted without adversely affecting the game species of
the bay. Notification of all bait operations shall be dispatched so
as to be received by the department at least 12 hours prior to the
commencement of the operation.
(c) Anchovies may be taken in Districts 8 and 9 only north of a
line extending through channel markers 8 and 9 in Humboldt Bay.
(d) Not more than 15 tons of anchovies may be taken between May 1
and August 31 of each year and not more than 15 tons may be taken
between September 1 and December 1 of each year.
(e) Only bait nets, as defined in Section 8780, shall be used to
take anchovy.
(f) Any game fish caught incidentally in bait nets shall be
released by use of a hand scoop net or by dipping the cork line.
An accurate record of all fishing operations shall be kept and is
subject to inspection by the department.
The commission shall adopt any other regulation it determines is
necessary to protect the Humboldt Bay anchovy resource.

8190. (a) It is the policy of the State of California that the
anchovy resource shall be managed in a manner which insures the
continued abundance of the species. To that end, the department
shall conduct, or have others conduct, annual anchovy egg-larvae
surveys or any other annual surveys, research, and analyses necessary
to insure that an accurate biomass estimate is made.
(b) This section shall become operative, and activities shall be
carried out pursuant to this section only in the event, and to the
extent, that funding is made available for such activities by the
federal government.

8210.2. Except as modified by the director pursuant to Section
7652, salmon may be taken under authority of a commercial fishing
license and a commercial fishing salmon stamp only in Districts 6, 7,
10, 11, 16, 17, 18, and 19. All species of salmon, except silver
salmon, may be taken only between April 15 and September 30. Silver
salmon may be taken only between May 15 and September 30. No king
salmon may be possessed that is less than 26 inches in length and no
silver salmon may be possessed that is less than 22 inches. The
length of salmon is to be measured from the tip of the snout to the
extreme tip of the tail without resorting to any force other than
swinging or fanning the tail. Salmon may be taken for commercial
purposes only by hook and line and there is no bag limit.

8213. During the period when salmon may not be taken for commercial
purposes in any district, salmon may be sold in that district only
under the regulations of the commission.

8214. It is unlawful to take salmon for commercial purposes at the
mouth of Humboldt Bay in those portions of Districts 6 and 7 within
three nautical miles north and south of a line drawn due west for
three nautical miles from the center of the mouth of that bay.

8215. Silver salmon may not be sold or possessed in, or transported
through, District 6, 7, 10, 11, 16, 17, or 18, during the time when
the taking of silver salmon for commercial purposes is unlawful in
those districts.

8217. Salmon may be sold subject to the exceptions and restrictions
contained in this article.

8218. It is unlawful to gaff, club, otherwise injure, or possess
any king or silver salmon under the legal size.

8219. Salmon may not be taken for commercial purposes in District 6
at the mouths of the Smith and Klamath Rivers within three nautical
miles north and south of a line drawn due west for three nautical
miles from the center of the mouth of each of those streams, or
during the months of August and September in District 7 at the mouth
of the Eel River within two nautical miles north and south of a line
drawn due west for two nautical miles from the center of the mouth of
that stream.

8226. (a) Notwithstanding any measurement requirements under this
code, and to implement the department's salmon tagging program, any
person in possession of a salmon with a missing adipose fin, the
small, fleshy fin on the back of the fish between the back fin and
the tail, upon request by an authorized agent or employee of the
department, shall immediately relinquish the head of the salmon to
the state, at no charge, for recovery of any coded-wire tag. The
head may be removed by the fish owner or, if removed by the official
department representative, the head shall be removed in a manner to
minimize loss of salmon flesh and the salmon shall immediately be
returned to the rightful owner.
(b) It is unlawful to intentionally conceal, cull, or release into
the waters, a salmon with a missing adipose fin that it is otherwise
legal to possess.

8230. (a) The Legislature finds and declares that commercial salmon
fishing is in the public interest and that the preservation of
commercial salmon fishing directly affects the health and welfare of
the public. The Legislature further finds and declares that, due to
past declines in salmon stocks, the increase in the quality and value
of salmon on the market, the number and types of vessels being used,
the commensurate salmon fishing potential of the commercial salmon
fishing fleet, and the demand for entry into the commercial salmon
fishery, it is necessary and proper to limit the persons who are
eligible to take salmon for commercial purposes and to regulate the
amount of salmon that may be taken by restricting the number and
salmon fishing potential of the vessels in the commercial salmon
fishing fleet in order to preserve and rebuild the salmon resource,
to protect commercial salmon fishing, and thereby to protect the
health and welfare of the public.
(b) The Legislature further finds and declares the following:
(1) The salmon resource declined in 1983 and 1984 as a result of
the most severe warm water El Nino current of this century, which
caused major disruptions and hardship in the commercial salmon
fishery. Habitat destruction in the rivers of California has also
depleted the salmon stocks which are bred and reared in those rivers.

(2) The Pacific Fishery Management Council has imposed season
closures on the taking of salmon since 1982, including a total
prohibition on commercial taking of salmon in 1985 along portions of
the northern California coast to protect the king salmon stock from
the Klamath River. In 1987, a five-year agreement was signed which
allocates the king salmon stock from the Klamath River between ocean
commercial and recreational users and in-river Indian and
recreational users. This agreement may result in further closures.
(3) Nearly 30 percent of the commercial salmon fishing vessels
which were permitted to take salmon for commercial purposes in
California did not record landings of salmon in the 1986 and 1987
commercial salmon seasons.
(4) There are more than enough commercial salmon fishing vessels
for which commercial salmon fishing permits have been issued to
harvest the less than 10 million pounds of salmon that are currently
available annually. With the present fleet makeup between large
vessels and small vessels and between full-time and part-time
fishermen, it is estimated that the present resource capacity may
accommodate a fleet of not more than 2,500 permitted vessels.
Therefore, no new permits should be issued until the time that the
fleet size falls below 2,500 permitted vessels. Adequate provision
for entry of new persons or vessels to the commercial salmon fishery
is afforded by transfers of vessels for which permits have been
issued and renewed and by transfers of those existing permits to
vessels of the same or less salmon fishing potential.

8231. The following definitions govern the construction of this
article:
(a) "Agent" means the person designated in writing by the owner as
the owner's representative.
(b) "Appeal" means a request for reconsideration of an action of
the review board, the department, or the commission pursuant to this
article.
(c) "Change of ownership" means the transfer of ownership of a
permitted vessel to a new owner.
(d) "Commercial salmon vessel permit" means an annual permit
issued by the department to an owner of a commercial fishing vessel
for use of that vessel to take salmon for commercial purposes and
shall not be considered personal property.
(e) "Fishing potential" means the capability and capacity for
harvesting salmon of a particular commercial fishing vessel.
"Fishing potential" includes, but is not limited to, a rating based
upon factors such as size, seaworthiness, propulsion system, hold
size, and hull design.
(f) "Permit" means a commercial salmon vessel permit as defined in
subdivision (d).
(g) "Permitted vessel" means a commercial fishing vessel for which
a permit is currently valid.
(h) "Replacement vessel" means a commercial fishing vessel for the
use of which a permit is proposed to be transferred pursuant to this
article.
(i) "Review board" means the commercial salmon fishing review
board created pursuant to Section 8247.
(j) "Transfer" means the issuance of a permit for use of a
replacement vessel.

8232. It is unlawful to take or possess salmon for commercial
purposes on a vessel unless all of the following conditions are met:

(a) The vessel is registered with the department pursuant to
Section 7881, and the owner of the vessel has a valid commercial
salmon vessel permit for the use of that vessel.
(b) The permit for the use of the vessel is affixed to the vessel
adjacent to the department registration number unless otherwise
authorized by the department.
(c) The permit affixed to the vessel is visible at all times.

8232.5. (a) Except as provided in this section, it is unlawful to
take salmon for sport purposes on a permitted vessel.
(b) Subdivision (a) does not prohibit taking salmon for sport
purposes under a sportfishing or a sport ocean fishing license, which
is issued pursuant to Article 3 (commencing with Section 7145) of
Chapter 1, on a vessel licensed as a commercial passenger fishing
boat pursuant to Section 7920 and engaged in that business on any day
when salmon are not being taken for commercial purposes on that
vessel.
(c) Subdivision (a) does not prohibit taking salmon for sport
purposes under a sportfishing or a sport ocean fishing license, which
is issued pursuant to Article 3 (commencing with Section 7145) of
Chapter 1, on a permitted vessel in the Klamath Management Zone, as
designated by the federal Pacific Fisheries Management Council, when
the commercial salmon season is closed and after 24 hours after the
time when salmon taken during the commercial salmon season are
required to be landed.
(d) The use of a vessel pursuant to subdivision (c) shall be
considered as being engaged or employed exclusively in the taking and
possession of fish or other living resource of the sea for
commercial purposes for purposes of subdivision (a) of Section 227 of
the Revenue and Taxation Code.

8233. Except as otherwise provided in this article, a permit shall
be renewed prior to expiration. Each permit issued by the department
shall display the expiration date on the face of the permit.

8233.3. Except as otherwise provided in this article, the
department shall issue a permit, upon application and payment of the
renewal fees pursuant to Section 8235, that is valid for the
subsequent permit year, to the owner of a permitted vessel that is
registered with the department pursuant to Section 7881.

8233.4. Except as otherwise provided in this article, the
department shall issue a permit, upon payment of the transfer fees
pursuant to subdivision (a) of Section 8239 and surrender to the
department of the permit for the use of the permitted vessel, to the
owner of a replacement vessel that is registered with the department
pursuant to Section 7881, if the transfer has been approved pursuant
to Section 8241.

8233.5. Except as otherwise provided in this article, the
department shall change the designation of the holder of a permit,
and with it shall go all rights, privileges, and obligations of a
permit holder, including rights of renewal, upon receipt of a notice
of change of ownership to a new owner of a permitted vessel upon
change of ownership in the permitted vessel. A permit changed
pursuant to this section is valid for the permit year during which it
is issued.

8233.8. Except as otherwise provided in this article, the
department shall issue a permit to the owner of a commercial salmon
fishing vessel that is registered with the department pursuant to
Section 7881 for the new entry of that vessel into the commercial
salmon fishery if that owner is authorized to be issued a permit for
the use of that new entry vessel pursuant to subdivision (b) of
Section 8245.

8233.9. Section 8101 does not apply to this article.

8234. (a) The department shall not issue a permit under this
article unless one of the following first occurs:
(1) The applicant presents to the department a commercial fishing
salmon stamp issued to the owner or an agent of the owner. No
commercial fishing salmon stamp shall be presented or accepted by the
department to authorize issuance of a permit under this section for
more than one vessel.
(2) The applicant obtains a commercial fishing salmon stamp and
pays the fees for the stamp.
(3) On or before April 1 of the current license year, the owner is
70 years of age.
(b) The first commercial fishing salmon stamp issued to an owner,
or to that owner's agent, shall be affixed to the commercial fishing
license of that owner or agent. Any additional commercial fishing
salmon stamps issued to the owner or the owner's agent pursuant to
paragraph (1) of subdivision (a) for purposes of obtaining permits
for use of additional commercial salmon fishing vessels shall be
affixed to each additional vessel's registration issued pursuant to
Section 7881.

8235. (a) The owner of a permitted vessel, or that owner's agent,
may apply for renewal of the permit annually on or before March 31,
upon payment of the fees established under subdivision (b), without
penalty. Upon receipt of the application and fees, the department
shall issue the permit for use of the permitted vessel in the
subsequent permit year only to the owner of the permitted vessel.
(b) The department shall fix the annual fee for the renewal of the
permit in an amount it determines to be necessary to pay the
reasonable costs of implementing and administering this article.
(c) If an owner to whom a permit has been issued, or that owner's
agent, applies for renewal of the permit, and the application for the
renewal is received in an office of the department, or is postmarked
if mailed, after March 31 but on or before April 30, the department
shall accept the application and, upon payment of an additional late
fee of one hundred dollars ($100), the department shall issue the
permit for use of the permitted vessel in the subsequent permit year.

(d) The department shall suspend any late fees otherwise due under
subdivision (c) and shall issue a permit for use of the permitted
vessel in the subsequent permit year if the department is unable to
accept applications for renewal of permits by March 1.
(e) Except as provided in subdivision (c), the department shall
not renew a permit for which the application for renewal is not
received, or, if mailed, is received or postmarked after expiration
of the permit.

8236. (a) The department shall send a written notice of renewal and
a permit renewal application to the owner of each currently
permitted vessel at the most recent address of that owner in the
records of the department. The notice shall be sent by first-class
mail before March 1. The department shall mail a copy of the notice
for renewal to all associations and groups known to the department
to be representing commercial salmon fishermen. The department shall
also provide blank permit renewal applications at appropriate
offices of the department.
(b) The notice shall include all of the following:
(1) Instructions on how to apply for renewal of a permit.
(2) Information on the provisions of subdivisions (c) and (e) of
Section 8235.
(c) Failure to receive the notice under this section does not
exempt or excuse the owner from the requirement of annual renewal of
the permit on or before the permit expiration date.

8237. (a) The department shall change the designation of the holder
of a permit to the new owner of a permitted vessel upon change of
ownership of the permitted vessel, whether the change of ownership is
by contract, by operation of law, or otherwise.
(b) The permit shall not be transferred to any other vessel,
except by the issuance of a permit for use of the replacement vessel
pursuant to subdivision (c) and Sections 8239 to 8241, inclusive.
(c) The owner of the permitted vessel may seek to retire the
permitted vessel from the commercial salmon fishery and apply for
transfer of the permit, to be issued pursuant to Section 8241, for
use of a replacement vessel.

8238. On or before January 1, 1991, the department, in consultation
with the review board, shall establish and adopt, in the manner
prescribed in Section 8238.3, a vessel classification system to
determine the fishing potential of replacement vessels for
applications for transferred permits to be issued pursuant to Section
8241, including consideration of how the vessel from which the
permit is sought to be transferred was used, the vessel's highest and
best use by a prudent operator, and the fishing potential of
prospective vessels for applications for new, original permits.

8238.1. The vessel classification system shall be used by the
department in consultation with the review board for issuance of new
original vessel permits pursuant to Section 8243 and as a guideline
for the review board in making its recommendations to the department
on vessel permit transfers.

8239. A transfer may be approved and a permit issued for use of a
replacement vessel pursuant to Section 8241 under all of the
following conditions:
(a) The vessel owner submits a written request for the transfer to
the department on a form provided by the department and pays a
nonrefundable transfer fee of two hundred dollars ($200).
(b) The permit for the permitted vessel is current, and the owner
of the permitted vessel makes assurances in the application that any
renewal of the permit which becomes due during the application
processing period will be made.
(c) The owner of the permitted vessel submits evidence with the
application sufficient to establish that he or she is the owner of
the permitted vessel at the time of the application for the transfer.

(d) The vessel owner submits evidence with the application
sufficient, in the judgment of the review board and the department,
to establish that the replacement vessel has the same fishing
potential as, or less fishing potential than, the permitted vessel.
(e) Under penalty of perjury, the vessel owner signs the
application for transfer and certifies that the included information
is true to the best of his or her information and belief.
(f) The same transfer has not been requested within the previous
12 months or the same transfer has not previously been denied and
that denial is final, unless the application or supporting
information are different than that contained in the previous
application, as determined by the department and after consultation
with the review board.
(g) The permittee has 50 percent or greater ownership interest in
the permitted vessel and in the replacement vessel. For purposes of
this subdivision and subdivision (h), "permittee" means an individual
designated as the owner of the permitted vessel.
(h) Except as provided in Section 8239.1 or paragraph (5) of
subdivision (a) of Section 8246.7, the permittee has maintained a 50
percent or greater ownership interest in the permitted vessel for not
less than 18 months prior to the date of the transfer and the permit
for use of the permitted vessel has been maintained for that vessel
and has not been previously transferred less than 18 months prior to
the date of the transfer.
(i) The permittee has written authority from the legal owner, if
other than the permittee or mortgager, if any, to transfer the vessel
permit from the permitted vessel.

8239.1. (a) Unless otherwise prohibited, the department shall
accept a transfer application within one year after the date that a
permitted vessel was lost, stolen, or destroyed, notwithstanding any
inability to physically examine the permitted vessel to determine its
salmon fishing potential. Only the permittee at the time of the
loss, theft, or destruction of the vessel may apply for the transfer
of the vessel permit. Proof that a vessel is lost, stolen, or
destroyed shall be in the form of a copy of the report filed with the
United States Coast Guard or any other law enforcement agency or
fire department investigating the loss.
(b) (1) The owner, or the owner's agent, may request an extension
of the time to complete a transfer under subdivision (a) if the
application for extension is submitted before the end of the time to
submit an application under subdivision (a), or before the end of any
previous extensions granted under this subdivision, whichever date
is later.
(2) The department, after consultation with the review board and
for good cause shown, including, but not limited to, inability to
find a replacement vessel or pending litigation, may grant an
extension of the time to complete a transfer under subdivision (a)
for a period of six months. The department may grant further
extensions under this subdivision, not to exceed a total time period
of five years after the date the permitted vessel was lost, stolen,
or destroyed if the permit fees are paid annually as required in
paragraph (2) of subdivision (b) of Section 8239 and subdivision (c)
of Section 8240.

8239.2. The department, in cooperation with the review board, shall
establish and implement administrative procedures for the
administration of this article.

8239.6. A permit issued for the use of a replacement vessel under
Section 8241 is valid for the balance of the permit year for which
the permit for the use of the permitted vessel was originally issued
or last renewed, and the permit issued under this section authorizes
the use of the replacement vessel only for that period.

8239.9. Notwithstanding Section 8239, 8239.1, or 8239.2, any person
may request the review board to determine the fishing potential of
any permitted vessel or any replacement vessel before a transfer
application for a permit for use of a replacement vessel is submitted
to the department. The person making a request under this
subdivision is not required to be the owner of either vessel. A
determination under this subdivision is not binding on the review
board or the department and is only advisory.

8240. (a) The department shall not issue a permit for use of a
replacement vessel if the permitted vessel was reported as lost,
stolen, or destroyed by fraudulent means or for fraudulent purposes.

(b) The department shall not issue a permit for use of a
replacement vessel if the application contains or is accompanied with
fraudulent or willfully misleading information.
(c) The department shall not issue a permit for use of a
replacement vessel or to a new owner of a permitted vessel if the
permit for the permitted vessel expires and is not renewed. Except
as provided in Section 8235, an owner of a permitted vessel shall
renew the permit before the expiration date even if that owner has a
transfer application pending.
(d) The department may refuse to issue a permit for use of a
replacement vessel or to issue a permit to a new owner of a permitted
vessel on any grounds for which a permit may be suspended or
revoked.

8241. The department shall issue the permit for use of a
replacement vessel if it determines, after consultation with the
review board, the following:
(a) The replacement vessel has the same fishing potential as, or
less fishing potential than, the permitted vessel. The review board
and the department shall consider the type of fishery the vessel was
previously used in and the vessel's highest and best use by a prudent
operator, and the review board shall make written findings on those
facts.
(b) The replacement vessel's fishing potential will not
substantially increase fishing capacity over that which resulted from
the operation of the permitted vessel.
(c) The applicant owns the replacement vessel.
(d) The conditions in this article are satisfied.

8242. A person seeking to gain entry into the commercial salmon
fishery may obtain a permit under either of the following conditions:

(a) By legally obtaining the ownership of a permitted vessel and
notifying the department of the change of ownership of the permitted
vessel.
(b) By applying to obtain a new, original permit issued by the
department pursuant to Sections 8244 and 8245.

8243. (a) If the department determines that the number of permitted
vessels is less than 2,500, the department shall determine, after
consultation with the review board, the number and vessel
classification for which any new, original permits may be issued to
bring the total number of permitted vessels to no more than 2,500.
(b) New, original permits to be issued shall be authorized by
vessel classifications established under Section 8238.

8244. (a) An applicant may apply for a new, original permit as an
individual, a joint venture, or a corporation. The applicant may
submit only one application annually. The application shall be made
on a form provided by the department.
(b) An applicant for a new, original permit under this section
shall submit a completed application as directed by the department.
The completed application, and the application fees prescribed in
subdivision (c), shall be delivered or postmarked on or before
February 1 in order to be considered for permits for the subsequent
permit year.
(c) The applicant shall submit with the application a
nonrefundable application fee determined by the department in an
amount sufficient to pay the costs of administering the issuance of
new, original permits by the department, which shall be not less than
thirty-five dollars ($35).
(d) The department, after consultation with the review board,
shall determine the fishing potential of the vessel for use of which
the new, original permit is to be issued and otherwise determine if
the applicant is eligible to be issued a permit under this article.

8245. (a) The department shall conduct a drawing from the
applicants determined to be eligible for new, original permits
pursuant to Section 8244 on the first Friday in March of each year
that new, original permits are authorized to be issued pursuant to
Section 8243.
(b) (1) The department shall issue a permit to each of those
applicants who are drawn upon payment of the fees prescribed in
paragraph (2) for the permit and, except as provided in subdivision
(d), submittal of sufficient information to establish that the
applicant is the owner of a vessel within the vessel classification
designated in the application.
(2) The amount of the fees for a permit issued under this section
are the same as the amount of the fees for renewal of a permit for
the subsequent license year beginning on April 1 which are
established pursuant to subdivision (b) of Section 8235. A
successful applicant shall pay the fees for the permit on or before
March 31. The department shall deposit the fees to the fund pursuant
to Section 13001.
(c) Except as provided in subdivision (d), a successful applicant
shall submit proof of ownership of the vessel to be used under the
permit within 90 days of the drawing.
(d) (1) A successful applicant may request one extension of no
more than 90 days to obtain a vessel as designated in the
application. The department, after consultation with the review
board, may grant that extension.
(2) If any successful applicant does not establish that he or she
is the owner of a vessel as designated in the application and affix
the new permit on that vessel or on another vessel with the same or
less fishing potential, as determined by the department after
consultation with the board, within 90 days or by the end of a 90 day
extension granted by the department, the new permit is null and
void.
(3) The department or the review board is not liable for any risk
of failure by the applicant to obtain a vessel which is designated in
an application or to complete the process for determination of the
fishing potential of another vessel, or for failure by the applicant
to obtain that other vessel, in the time prescribed in this section.

8245.5. The review board shall review the effectiveness of new
entry provisions every three years beginning three years following
the first permit drawing and make recommendations to the department
for any changes it finds to be needed in the new entry system.

8246. (a) At any time after notice of an order suspending or
revoking of a person's commercial salmon fishing privilege is issued
by the commission, and before the order of suspension or revocation
is final, the commission may, with the agreement of the person
subject to the action, compromise or dismiss the action to suspend or
revoke the commercial salmon fishing privilege in the best interests
of the state, or the commission may compromise or dismiss the action
with the agreement of the person subject to the action on terms and
conditions, which may include, but are not limited to, the payment of
civil damages, the reduction of a revocation to a suspension for a
specified period of time, or any other terms and conditions.
(b) The commission, after notice and opportunity for hearing and
consultation with the review board, may suspend or revoke the
commercial fishing privilege, authorized under a license issued for
the purposes of Section 7850 or 7852.3, for any violation of a term
or condition of an agreement to compromise or dismiss a separate
suspension or revocation action which was made pursuant to
subdivision (a).
(c) If the commission orders a suspension or revocation of a
person's commercial salmon fishing privilege, any permit issued
pursuant to this article shall be renewed when the next renewal is
due or the permit shall expire as provided in Section 8233.
(d) Subdivision (b) does not apply if an action is brought to
recover civil damages under Section 2014 from the person subject to
action under this section.

8246.2. (a) The commission, in consultation with the department and
the review board, shall adopt regulations for the determination of
civil damages provided for in subdivision (b) of Section 8246 which
give due consideration to the appropriateness of the civil damages
with respect to all of the following factors:
(1) The gravity of the violation.
(2) The good faith of the convicted licensee.
(3) The history of previous violations.
(4) The damage to the fishery.
(5) The cost of restoration of the fishery.
(b) Civil damages imposed under subdivision (b) of Section 8246
shall be due and payable on or before a date which is 30 days after
the compromise is entered into.

8246.4. The commission, after notice and opportunity for hearing
and consultation with the review board, shall revoke a commercial
salmon vessel permit issued pursuant to this article if the vessel
permit was obtained by fraudulent means.

8246.6. A person whose commercial salmon fishing vessel permit is
revoked by the commission or who has been denied a permit transfer
may appeal the revocation or denial to the commission by submitting
the appeal in writing to the commission within 60 days of the
decision.

8246.7. (a) The commission shall reverse an order of revocation,
order the permit renewed, or order the approval of a permit transfer
only if it finds one of the following grounds:
(1) The permittee failed to submit an application and pay the fees
for renewal on or before April 30 pursuant to Section 8235 and the
failure to renew a permit until after the expiration date was due to
death, physical illness, mental incapacity, or being called to active
military duty, and the person was not reasonably able to have an
agent renew the permit.
(2) A lienholder of a permitted vessel, if the vessel is the
property of the lienholder as a result of foreclosure, surrender, or
litigation, can show loss due to the nonrenewal of a permit by the
permittee, and the nonrenewal occurred without the knowledge of the
lienholder.
(3) If, in the case of permit revocation because of fraud,
evidence is provided to the commission disputing the charges of
fraud. If the commission finds there was no fraud after
consideration of all of the evidence, the commission may order the
revocation annulled, and, if the permit expiration date has passed
during the pendency of the hearing on the appeal, the commission may
order the department to renew the permit upon payment of the fees.
(4) The denial of the permit transfer was arbitrary or capricious.

(5) The denial of the permit transfer was pursuant to subdivision
(g) or (h) of Section 8239 and the applicant can show that the
18-month requirement cannot be met due to death, physical illness,
mental incapacity, or being called to active military duty.
(b) Each appeal shall be heard and considered separately on its
own merits.

8246.8. The commission and the department may make and enforce
regulations that may be necessary or convenient for carrying out any
power, authority, or jurisdiction delegated to it under this article.

8247. There is in the department a commercial salmon fishing review
board, which consists of five voting members appointed by the
director. The director or a designee of the director shall attend
meetings of the review board as a nonvoting member. The director may
remove a member of the review board for cause.

8247.1. (a) Three of the voting members of the review board shall
be owners of permitted vessels appointed by the director from lists
submitted by associations or groups representing commercial salmon
fishing vessel owners.
(b) Two of the voting members of the review board shall be owners
of permitted vessels appointed by the director from lists submitted
by individual commercial salmon fishing vessel owners.
(c) Any voting member of the review board may appoint an alternate
member to represent him or her at any meeting of the review board.
The director may, within 60 days of the appointment, refuse an
alternate member. The alternate shall serve at the pleasure of the
member who appointed him or her and shall have all the powers and
duties of a member of the commercial salmon fishing review board,
except that the alternate shall only participate and vote in meetings
in the absence of the member who appointed him or her.

8247.2. The terms of the members of the review board shall be for
staggered four year terms. Necessary and proper expenses shall be
paid to review board members. Each member, or any alternate member
participating on behalf of a regular member in that member's absence,
shall receive one hundred dollars ($100) per day for each day of
attendance and participation in meetings of the review board.

8247.3. Each member appointed to the review board under this
article as it read prior to its reenactment in the 1988 portion of
the 1987-88 Regular Session shall continue to serve for the term for
which he or she was appointed and may be reappointed.

8247.4. The review board shall function as an advisory body to the
department regarding implementation of the provisions of this
article. The review board shall act by a majority vote of the
members present and voting. The review board shall not act unless
there is a quorum of the voting members, including alternate members
in the absence of their appointing members, and the director or his
or her designee present.

8247.5. (a) The Legislature declares that individuals appointed as
members of the review board shall be chosen from the commercial
salmon fishing industry in order to represent and further the
interest of the industry and commercial salmon fishing vessel owners,
and this representation serves the general public interest.
(b) Each member of the review board is exempt from Section 87100
of the Government Code, unless the result of his or her actions taken
as board members has a material financial effect on him or her
distinguishable from its effect on other members of the commercial
salmon fishing industry generally.

8247.6. Members and alternate members of the review board shall act
in the best interest of the state, the department, and the
commercial salmon fishing industry. As members of the review board,
no member or alternate member shall take any action, because of his
or her position, that results in a direct material effect on any of
them, distinguishable from its effect on other members of the
commercial salmon fishing industry.

8247.7. The director may adopt standards and criteria by regulation
that shall be applied by the review board in carrying out its
activities under this article.

8247.8. The review board shall do all of the following:
(a) Consider and make recommendations to the department on
requests for permit transfers.
(b) Recommend to the department, the number and classification of
new vessel permits to be issued annually, if any, pursuant to Section
8243.
(c) Consult with and advise the commission as required by Sections
8246, 8246.2, and 8246.4.
(d) Consult with the department and advise on the establishment of
the vessel classification system pursuant to Section 8238.

8248. If any provision of this article or the application thereof
to any person or circumstances is held invalid, that invalidity shall
not affect other provisions or applications of the article which can
be given effect without the invalid provision or application, and to
this end the provisions of this article are severable.

8250. As used in this code, "spiny lobster" refers to the species
Panulirus interruptus.

8250.5. (a) Subject to this article and Article 1 (commencing with
Section 9000) of Chapter 4, a lobster trap, as described in Section
9010, may be used to take lobster for commercial purposes under a
lobster permit issued pursuant to Section 8254.
(b) The following species may be taken incidentally in lobster
traps being fished under the authority of a lobster permit issued
pursuant to Section 8254, and any other species taken incidentally
shall be released:
(1) Crab, other than Dungeness crab.
(2) Kellet's whelk.
(3) Octopus.
(c) Spiny lobsters taken in the manner commonly known as
skindiving or by a person using self-contained underwater breathing
apparatus shall not be sold.

8251. Spiny lobsters may be taken only between the first Wednesday
in October and the first Wednesday after the 15th of March. Lobster
traps may be set and baited 24 hours in advance of the opening date
of the lobster season if no other attempt is made to take or possess
the lobsters.

8252. No spiny lobster less than three and one-quarter inches in
length measured in a straight line from the rear edge of the eye
socket to the rear edge of the body shell, both points to be on the
midline of the back, may be taken, possessed, purchased, or sold.
Every person taking spiny lobster shall carry a measuring device
and shall measure any lobster immediately on removal from his trap
and if it is found to be undersize the lobster shall be returned to
the water immediately.

8253. It is unlawful to pickle, can, or otherwise preserve any
spiny lobster, but spiny lobsters may be preserved by freezing and
may be cooked for consumption in the fresh state.

8254. (a) Lobsters shall not be taken for commercial purposes
except under a valid lobster permit issued to that person that has
not been suspended or revoked, subject to regulations adopted by the
commission.
(b) Every person who takes, assists in taking, possesses, or
transports lobsters for commercial purposes while on any boat, barge,
or vessel, or who uses or operates or assists in using or operating
any boat, net, trap, line, or other appliance to take lobsters for
commercial purposes, shall have a valid lobster permit.
(c) The permit fee for a lobster permit is two hundred sixty-five
dollars ($265).
(d) The fee for a lobster crewmember permit is one hundred
twenty-five dollars ($125). This subdivision shall become operative
on April 1, 1997.

8254.7. When a complaint has been filed in a court of competent
jurisdiction charging a holder of a commercial lobster permit with a
violation of Section 8251 or 8252, and no disposition of the
complaint has occurred within 90 days after it has been filed in the
court, the department may suspend the commercial lobster permit of
the person. The permitholder whose permit was suspended under this
section may, within 10 days after the receipt of the suspension
notice from the department, request a hearing, and, within 20 days
after the request has been made, a hearing shall be held by the
commission. A decision shall be made within a reasonable time on
whether the suspension of the permit shall be terminated or continued
until the disposition of the complaint by the court. In determining
whether to terminate or continue the suspension of the permit, the
commission shall consider whether or not the violation could have a
detrimental effect on the resources and whether or not a continued
suspension of the permit is in the best public interest, and shall
find whether there is sufficient evidence that a violation has
occurred. A failure to make a finding that there is sufficient
evidence that a violation has occurred or a finding that there is
insufficient evidence shall terminate the suspension of the permit
under this section. If the permitholder is acquitted of the charges
or the charges against him or her have been dismissed, any suspension
of the permit is thereby terminated. No complaint shall be filed in
a court charging a commercial lobster permitholder with a violation
of Section 8251 or 8252 unless evidence supporting the charge has
been reviewed by the appropriate county or city prosecuting agency
and a criminal complaint has been issued by that agency.

8257. The permit number of the person owning or in command of any
boat used to take lobster shall be visibly displayed on both sides of
the boat in 10-inch black numbers, one inch wide, on a white
background.

8258. Lobster traps may be used to take spiny lobster in Districts
18, 19, 20A, and those portions of District 20 lying on the southerly
side of Santa Catalina Island between Southeast Rock and China
Point.

8259. Whenever it is necessary to prevent overutilization or to
ensure efficient and economic operation of the fishery, the
commission may limit the number of permits that may be issued
pursuant to this article. As it determines appropriate to protect
the resource, the commission may limit the number of permits on a
statewide basis or within selected geographical areas.

8275. Unless the provision or context otherwise requires, the
definitions in this section govern the construction of this article.

(a) "Dungeness crab" or "market crab" means crab of the species
Cancer magister.
(b) "Reconstruction" means major work on the hull of a vessel to
make that vessel operable in the California crab fishery if that work
may reasonably be expected to be of a duration that will preclude
operation of that vessel in the crab fishery for the length of the
crab season or longer.
(c) "Rock crab" means any crab of the genus Cancer other than
Dungeness crab and includes rock crab (Cancer antennarius), red crab
(Cancer productus), and yellow crab (Cancer anthonyi).
(d) "Under construction" means having plans and materials and
proceeding with work toward the completion of an operational
Dungeness crab fishing vessel.

8276. Except as provided in Section 8276.2:
(a) Dungeness crab may be taken for commercial purposes in
Districts 6, 7, 8, and 9 only between December 1 and July 15.
(b) Dungeness crab may be taken for commercial purposes in all
other districts only between November 15 and June 30.
(c) Dungeness crab may not be taken for commercial purposes in any
district, or part of a district, lying within the portions of
Crescent City Harbor between the south sand barrier and the
breakwater.

8276.2. (a) The director may order a delay in the opening of the
Dungeness crab fishery after December 1 in Districts 6, 7, 8, and 9
in any year. The delay in the opening shall not be later than
January 15 of any year.
(b) On or about November 1 of each year, the director may
authorize one or more operators of commercial fishing vessels to take
and land a limited number of Dungeness crab for the purpose of
quality testing according to a testing program conducted by, or on
behalf of, the Pacific States Marine Fisheries Commission or an
entity approved by the department. The department shall not approve
a testing program unless it is funded by the entity authorized to
conduct the testing program. Crab taken pursuant to this section
shall not be sold; however, any edible crabmeat recovered from the
crabs tested shall not be wasted and may be used for charitable
purposes.
(c) The director shall order the opening of the Dungeness crab
season in Districts 6, 7, 8, and 9 on December 1 if the quality tests
authorized in subdivision (b) indicate the Dungeness crabs are not
soft-shelled or low quality. The entity authorized to conduct the
approved testing program may test, or cause to be tested, crabs taken
for quality and soft shells pursuant to the approved testing
program. If the tests are conducted on or about November 1 and
result in a finding that Dungeness crabs are soft-shelled or low
quality, the director shall authorize a second test to be conducted
on or about November 15 pursuant to the approved testing program. If
the second test results in a finding that Dungeness crabs are
soft-shelled or low quality, the director may order the season
opening delayed for a period of 15 days and may authorize a third
test to be conducted on or about December 1. If the third test
results in a finding that Dungeness crabs remain soft-shelled or of
low quality, the director may order the season opening delayed for a
period of an additional 15 days and authorize a fourth test to be
conducted. This procedure may continue to be followed, except that
no tests shall be conducted after January 1 for that season, and the (continued)