CCLME.ORG - Particular Varieties of Fish COMMERCIAL FISHING

(continued)
Section 7050), including, but not limited to, adoption of changes to
the prohibitions imposed under subdivision (b).
(b) Except as may be authorized under subdivision (a), surfperch
of the family Embiotocidae may be taken only between July 16th and
April 30th, except shiner surfperch (Cymatogaster aggregata), which
may be taken, sold, or purchased at any time. Surfperch may be sold
or purchased only between July 16th and May 10th, except as may be
authorized under subdivision (a). South of a line drawn east and
west through Point Arguello, barred surfperch, redtail surfperch, and
calico surfperch may not be taken for commercial purposes, except as
may be authorized under subdivision (a). Surfperch of these three
species that have been taken north of the line during the open season
and shipped south of the line may be sold or purchased under those
regulations that the commission may prescribe.

8398. It is unlawful to take fish for commercial purposes in that
portion of Tomales Bay in District 10 between a line drawn from the
most northern tip of Tomales Point northeast, 47* magnetic, to the
opposite shore in the vicinity of Dillon Beach, and a line drawn west
from the western tip of Tom's Point, 252* magnetic, to the opposite
eastern shore of Tomales Point.
This section does not apply to the taking of oysters by persons
licensed under Article 4 (commencing with Section 6480), Chapter 5,
Part 1, Division 6, from their allotted areas.

8399. North of Point Conception, squid may be taken the year
around; however, the commission may adopt regulations specifying the
days of the week and the times of the day when squid may be taken.

8399.1. (a) In District 10, it is unlawful to engage in the
following activities:
(1) Attract squid by a light displayed from any vessel, except a
vessel deploying nets for the take, possession, and landing of squid
or from the seine skiff of the vessel deploying nets for the take,
possession, and landing of squid.
(2) Attract squid by a light displayed from any vessel whose
primary purpose is not the deployment, or assisting in the
deployment, of nets for the take, possession, and landing of squid.
(3) To encircle any vessel, other than by the seine skiff of a
vessel deploying nets for the take, possession, and landing of squid,
while that vessel is engaged in the taking of squid.
(b) For purposes of this section, "seine skiff" means a vessel
that is not licensed by the federal government or registered by the
Department of Motor Vehicles, that is used to assist a larger
federally-licensed or state-registered fishing vessel by assisting in
the deployment and retrieval of nets and the landing of fish, and
that travels with that larger fishing vessel at all times, that is
used solely at the direction of the operator of the larger fishing
vessel, and that is owned by the owner of the larger fishing vessel.

8400. (a) California killifish (Fundulus parvipinnis), mudsuckers
(Gillichthys mirabilis), and yellowfin gobies (Acanthogobius
flavimanus) may only be taken for commercial purposes with baitfish
traps in the tidewaters of Districts 31/2, 4, 41/8, 43/4, 16, 17, and
21, in the tidewaters of District 10 south of the City and County of
San Francisco, in the Salton Sea, and in Imperial and Riverside
Counties.
(b) Shiner perch (Cymatogaster aggregata), staghorn sculpin
(Leptocottus armatus), mudsuckers (Gillichthys mirabilis), and
yellowfin gobies (Acanthogobius flavimanus) may only be taken for
commercial purposes with baitfish traps in Districts 11, 12, and 13
and in the tidewaters of Districts 2 and 21/2.
(c) Any unauthorized species taken incidentally in baitfish traps
in the districts specified in subdivisions (a) and (b) shall be
immediately released.
(d) Baitfish traps, as described in Section 9020, may be used
subject to Article 1 (commencing with Section 9000) of Chapter 4.

8403. (a) To the extent not in conflict with Section 8607, marine
species of fin fish which are classified as groundfish may be taken
under the regulations of the commission.
(b) Marine species of fin fish, including, but not limited to, fin
fish which are classified as groundfish, may be taken with fin fish
traps, subject to Article 1 (commencing with Section 9000) of Chapter
4, under regulations of the commission. The regulations may limit
the number of fin fish traps which any vessel may use, designate the
areas in which the traps may be used, and prescribe other limitations
on the use of fin fish traps.
(c) Any other species not otherwise prohibited may be taken in a
fin fish trap.

8405. (a) Sea cucumbers shall not be taken, possessed aboard a
boat, or landed by a person for commercial purposes except under a
valid sea cucumber permit issued to that person, which has not been
suspended or revoked.
(b) When taking sea cucumbers by diving, every diver shall have a
sea cucumber diving permit issued to that person, which has not been
suspended or revoked. When taken by means other than diving, at
least one person aboard the boat shall have a valid sea cucumber
trawl permit issued to that person, which has not been suspended or
revoked.

8405.1.
(a) Applicants for a sea cucumber permit shall specify by gear
type, either trawl or dive, the method in which the applicant intends
to take sea cucumbers. The gear type of a sea cucumber permit,
either trawl or dive, shall not be transferable.
(b) The fee for a sea cucumber permit shall be two hundred fifty
dollars ($250).
(c) Each permittee shall complete and submit an accurate record of
all sea cucumber fishing activities on forms provided by the
department.
(d) In order to renew a sea cucumber permit for any permit year,
an applicant shall have been issued a sea cucumber permit in the
immediately preceding permit year. Applications for renewal of a sea
cucumber permit shall be received by the department or, if mailed,
postmarked, by April 30 of the permit year.

8405.2. (a) A sea cucumber permit may be transferred by the
permittee if the permittee has previously held a valid sea cucumber
permit for any four permit years and landed at least 100 pounds of
sea cucumbers in each of those permit years, as documented by landing
receipts with the name of the permittee shown on the receipts.
(b) A sea cucumber permit may be transferred only to a person who
has a valid commercial fishing license issued pursuant to Section
7852, that has not been suspended or revoked. A sea cucumber permit
shall not be transferred to any person who has had a sea cucumber
permit suspended or revoked while the suspension or revocation is in
effect.
(c) An application for transfer shall be submitted to the
department, with such reasonable proof as the department may require
to establish the qualifications of the permitholder and the person
the permit is to be transferred to, accompanied by payment to the
department of a nonrefundable transfer fee of two hundred dollars
($200). The transfer shall take effect on the date notice of
approval of the application is given to the transferee by the
department.
(d) A sea cucumber trawl permit may be transferred to any
qualified person as provided in subdivisions (b) and (c) to take sea
cucumbers by diving or by use of trawl nets. A sea cucumber dive
permit may be transferred to any qualified person as provided in
subdivisions (b) and (c) only to take sea cucumbers by diving. The
transferee shall specify the gear type, either trawl or dive, that
the transferee intends to use to take sea cucumbers. The gear type
of the sea cucumber permit, either trawl or dive, shall not be
transferable.

8405.3. (a) The commission, upon recommendation of the department
or upon its own motion and in consultation with the sea cucumber
fishing industry, may adopt regulations, including provisions
governing seasons, gear restrictions, hours of operation, and any
other measures that it determines may reasonably be necessary to
protect the sea cucumber resource and to assure a sustainable sea
cucumber fishery or to enhance enforcement activities.
(b) The number of sea cucumber permits issued for the April 1,
1997, to March 31, 1998, inclusive, permit year shall constitute the
maximum number of permits available for all subsequent permit years
for the sea cucumber fishery. The department may establish by
regulation a method, if necessary, to reissue any sea cucumber permit
not renewed or transferred. The permit type of a sea cucumber
permit, either trawl or dive, that is reissued shall not be
transferable.
(c) The commission may permanently revoke the sea cucumber permit
of any person convicted of the unlawful taking of any California
halibut while operating pursuant to a sea cucumber permit. The
commission may revoke the sea cucumber permit of any person convicted
of any other violation of this code or regulation adopted pursuant
thereto while operating pursuant to a sea cucumber permit. Any
revocation of a permit pursuant to this subdivision shall be in
addition to any action the department may take pursuant to Section
12000.
(d) Subsequent to the 1997-98 permit year, the department, using
existing funds, may determine the actual costs to the department of
enforcing this article. The commission, upon recommendation of the
department, may adjust the fee for the issuance or transfer of a
permit to an amount not to exceed three hundred fifty dollars ($350),
to reflect the actual cost of enforcing this article.

8405.4. This article shall become inoperative on April 1, 2010, and
as of January 1, 2011, is repealed, unless a later enacted statute
that is enacted before January 1, 2011, deletes or extends the dates
on which it becomes inoperative and is repealed.

8411. The department shall manage the Pacific mackerel resource in
conformance with the federal fishery regulations as recommended by
the Pacific Fishery Management Council and as adopted by the
Secretary of Commerce.

8412. Pacific mackerel may be taken under a revocable
nontransferable permit issued by the department to boat owners or
operators under conditions prescribed by the department.

8420. (a) The Legislature finds and declares that the fishery for
market squid (Loligo opalescens) is the state's largest fishery by
volume, generating millions of dollars of income to the state
annually from domestic and foreign sales. In addition to supporting
an important commercial fishery, the market squid resource is
important to the recreational fishery and is forage for other fish
taken for commercial and recreational purposes, as well as for marine
mammals, birds, and other marine life. The growing international
market for squid and declining squid production from other parts of
the world has resulted in an increased demand for California market
squid, which, in turn, has led to newer, larger, and more efficient
vessels entering the fishery and increased processing capacity.
(b) The Legislature finds that the lack of research on market
squid and the lack of annual at-sea surveys to determine the status
of the resource, combined with the increased demand for, and fishing
effort on, market squid could result in overfishing of the resource,
damaging the resource, and financially harming those persons engaged
in the taking, landing, processing, and sale of market squid.
(c) The Legislature further finds that some individuals, vessels,
and processing plants engaged in the market squid fishery have no
other viable alternative fisheries available to them and that a
decline or a loss of the market squid resource would cause economic
devastation to the individuals or corporations engaged in the market
squid fishery.
(d) The Legislature declares that to prevent excessive fishing
effort in the market squid fishery and to develop a plan for the
sustainable harvest of market squid, it is necessary to adopt and
implement a fishery management plan for the California market squid
fishery that sustains both the squid population and the marine life
that depends on squid.
(e) The Legislature finds that a sustainable California market
squid fishery can best be ensured through ongoing oversight and
management of the fishery by the commission. With regard to the
market squid fishery, the Legislature urges that any limited entry
component of a fishery management plan, if necessary, should be
adopted for the primary purpose of protecting the resource and not
simply for the purpose of diminishing or advancing the economic
interests of any particular individual or group.

8420.5. North of a line extending due west magnetic from Point

8430. Except as otherwise provided in this article, it is unlawful
to sell or purchase any species of trout.

8431. Dolly Varden or steelhead trout from without the State may be
possessed and sold within the State when they are inspected and
tagged in accordance with regulations prescribed by the commission.
The cost of such inspection and tagging shall be paid by the person
submitting the trout for such inspection and tagging.

8432. Steelhead trout from without the State may not be sold or
possessed in District 11/2 in excess of the daily bag limit on
steelhead trout for that district.

8433. Nothing in this article applies to trout grown pursuant to
Division 12 (commencing with Section 15000).

8434. It is unlawful to sell or purchase any fresh, canned, or
cured fish taken in the Klamath River District or in the waters of
the Smith River.

8435. No catfish may be sold, except catfish imported from without
the state or catfish grown pursuant to Division 12 (commencing with
Section 15000).

8436. Except as provided in Section 8436.5, no fish of the family
Centrarchidae (Sacramento perch, crappie, black bass, and sunfish)
may be sold or purchased, other than fish which are grown pursuant to
Division 12 (commencing with Section 15000).

8436.5. Notwithstanding Section 8436, the commission shall adopt
regulations which authorize the importation and sale of dead fish of
the family Centrarchidae if the fish have been lawfully taken outside
of California, they have been taken in another state or foreign
country that permits their sale, and they are brought into California
with a bill of lading or similar accountable documentation
specifying the origin of the fish.

8437. The following freshwater fish may be taken for commercial
purposes pursuant to regulations adopted by the commission:
(a) Threadfin shad (Dorosoma petenense).
(b) Species of the following families:
(1) Lamprey (Petromyzontidae).
(2) Smelt (Osmeridae).
(3) Sucker (Catostomidae).
(4) Carp or minnow (Cyprinidae).
(5) Killifish (Cyprinodontidae).
(6) Livebearer (Peociliidae).
(7) Silverside (Antherinidae).
(8) Cichlid (Cichlidae).
(9) Mullet (Mudilidae).
(10) Sculpin (Cottidae).
(11) Stickleback (Casterosteidae).
(12) Goby (Gobiidae).

8437.1. The commission may authorize the use of commercial fishing
gear and fishing methods to take any fish listed in Section 8437 in
those areas of the state otherwise closed to that use pursuant to
this code.

8460. Any person engaged for profit in the taking, transporting, or
selling of live fresh-water fish for bait shall first obtain from
the department a live fresh-water bait fish license to possess the
fish for those purposes. The commission may prescribe regulations
governing these licenses.
A license shall be issued for a calendar year, or, if issued after
the beginning of such term, for the remainder thereof, and may be
revoked for a violation of the terms thereof.
Such a license is not required for the raising, possession, or
sale of live fresh-water fish for bait under authority of Division 12
(commencing with Section 15000).
The provisions of this code on commercial fishing, packing, or
processing licenses, on reports by persons engaged in the commercial
fish industry, and on statements required by owners or operators of
fishing boats, do not apply to the taking, transporting, or selling
of live fresh-water fish for bait.

8461. The annual license fee for a live freshwater bait fish
license is fifty-five dollars ($55) for each person.

8462. A license issued under Section 8460 shall authorize the
taking of only golden shiners, fathead minnows and such other species
as the department may designate, under such regulations as the
commission may prescribe. The commission may prohibit in any part or
all parts of the State the possession alive of any species of fish
which it considers a potential threat to the fisheries of the State
by reason of possible escape and establishment.

8463. Traps not over 24 inches in greatest length nor more than 12
inches in greatest depth or width, or seines of not over 1/2-inch
mesh stretched measure and not more than 4 x 30 feet in size, may be
used for the taking of fish of the carp and minnow family (family
Cyprinidae), suckers (family Catostomidae), sculpins (family
Cottidae), or mosquito fish (genus Gambusia). Such traps may be used
only in lakes and impounded waters. Such seines may be used only in
lakes, impounded waters, and conduits.
Fish taken as provided in this section may be sold only as bait.
Fish other than those named in this section that may be taken in such
traps or seines shall be released and returned unharmed to the water
wherein taken.

8475. Notwithstanding Section 200, the commission shall regulate
the taking of freshwater clams for commercial purposes.

8490. No crayfish taken from Lake Tahoe or the Lake Tahoe Basin may
be sold or purchased.

8491. The taking of crayfish shall be subject to such regulations
as the commission may prescribe.

8492. The department shall take the steps it determines are
necessary to prevent overfishing of crayfish in the Sacramento-San
Joaquin Delta. Those steps may include, but are not limited to,
submitting to the Legislature proposed legislation to place
limitations on the commercial crayfishing in that area.

8494. (a) Commencing April 1, 2006, any vessel using bottom trawl
gear in state-managed halibut fisheries, as described in subdivision
(a) of Section 8841, shall possess a valid California halibut bottom
trawl permit that has not been suspended or revoked and that is
issued by the department authorizing the use of trawl gear by that
vessel for the take of California halibut.
(b) A California halibut bottom trawl vessel permit shall be
issued annually, commencing with the 2006 permit year. Commencing
with the 2007-08 season, in order to be eligible for that permit, an
applicant shall have been issued a California halibut bottom trawl
vessel permit in the immediately preceding permit year.
(c) The department shall not issue a California halibut bottom
trawl vessel permit pursuant to this section for use in the
California halibut fishery unless that vessel has landed a minimum of
200 pounds of California halibut and reported that landing on fish
landing receipts as being caught with bottom trawl gear in at least
one of the following:
(1) At least two of the calendar years 1995 to 2003, inclusive.
(2) At least one of the calendar years 1995 to 2003, inclusive,
and from January 1, 2004, to February 19, 2004, inclusive.
(d) Permits issued pursuant this section may be transferred only
if at least one of the following occur:
(1) The commission adopts a restricted access program for the
fishery that is consistent with the commission's policies regarding
restricted access to commercial fisheries.
(2) Prior to the implementation of a restricted access program,
the permit is transferred to another vessel owned by the same
permitholder of equal or less capacity, as determined by the
department, and if the originally permitted vessel was lost, stolen,
destroyed, or suffered a major irreparable mechanical breakdown. The
department may not issue a permit for a replacement vessel if the
department determines that the originally permitted vessel was
fraudulently reported as lost, stolen, destroyed, or damaged. Only
the permitholder at the time of the loss, theft, destruction, or
irreparable mechanical breakdown of a vessel may apply to transfer
the vessel permit. Evidence 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 that conducted an investigation of the loss.
(3) Prior to the implementation of a halibut trawl restricted
access program, the commission may consider requests from a vessel
permitholder or his or her conservator or estate representative to
transfer a permit with the vessel if both of the following conditions
are met:
(A) The permitholder has died, is permanently disabled, or the
permitholder is at least 65 years of age and has decided to retire
from commercial fishing.
(B) California halibut landings contributed significantly to the
record and economic income derived from the vessel, as determined by
regulations adopted by the commission. The commission may request
information that it determines is reasonably necessary from the
permitholder or his or her heirs or estate for the purpose of
verifying statements in the request prior to authorizing the transfer
of the permit.
(e) The commission shall establish California halibut bottom trawl
vessel permit fees based on the recommendations of the department
and utilizing the guidelines outlined in subdivision (b) of Section
711 to cover the costs of administering this section. Prior to the
adoption of a restricted access program pursuant to subdivision (d),
fees may not exceed one thousand dollars ($1,000) per permit.
(f) Individuals holding a federal groundfish trawl permit may
retain and land up to 150 pounds of California halibut per trip
without a California halibut trawl permit in accordance with federal
and state regulations, including, but not limited to, regulations
developed under a halibut fishery management plan.
(g) This section shall become inoperative upon the adoption by the
commission of a halibut fishery management plan in accordance with
the requirements of Part 1.7 (commencing with Section 7050).
(h) The commission may adopt regulations to implement this
section.

8495. (a) The following area is designated as the California
halibut trawl grounds:
The ocean waters lying between one and three nautical miles from
the mainland shore lying south and east of a line running due west
(270* true) from Point Arguello and north and west of a line running
due south (180*N true) from Point Mugu.
(b) Notwithstanding the provisions of subdivision (a), the use of
trawl gear for the take of fish is prohibited in the following areas
of the California halibut trawl grounds:
(1) Around Point Arguello. The area from a line extending from
Point Arguello true west (270*) and out three miles, to a line
extending from Rocky Point true south (180*) and out three miles.
(2) Around Point Conception. From a point on land approximately
one-half mile north of Point Conception at latitude 34* 27.5'
extending seaward true west (270*) from one to three miles, to a
point on land approximately 1/2 mile east of Point Conception at
longitude 120* 27.5' extending seaward true south (180*) from one to
three miles.
(3) In the Hueneme Canyon in that portion demarked by the IMO
Vessel Traffic safety zone on NOAA/NOS Chart 18725 and from one mile
to the three mile limit of state waters.
(4) In Mugu Canyon, from Laguna point, a line extending true south
(180*) and out three miles, to Point Mugu, a line extending true
south (180*) and from one to three miles.
(c) (1) Notwithstanding the provisions of subdivision (a),
commencing April 1, 2008, the following areas in the California
halibut trawl grounds shall be closed to trawling, unless the
commission finds that a bottom trawl fishery for halibut minimizes
bycatch, is likely not damaging sea floor habitat, is not adversely
affecting ecosystem health, and is not impeding reasonable
restoration of kelp, coral, or other biogenic habitats:
(A) The ocean waters lying between one and three nautical miles
from the mainland shore from a point east of a line extending seaward
true south (180*) from a point on land approximately 1/2 mile east
of Point Conception at longitude 120* 27.5' to a line extending due
south from Gaviota.
(B) The ocean waters lying between one and two nautical miles from
the mainland shore lying east of a line extending due south from
Santa Barbara Point (180*) and west of a line extending due south
from Pitas Point (180*).
(C) Except as provided in subdivision (b), the ocean waters lying
between one and three nautical miles from the mainland shore lying
south and east of a line running due west (270* true) from Point
Arguello to a line extending seaward true south (180*) from a point
on land approximately 1/2 mile east of Point Conception at longitude
120* 27.5', and from the western border of the IMO Vessel Traffic
safety zone on NOAA/NOS Chart 18725 in Hueneme Canyon running south
and east to a line running due south (180*N true) from Point Mugu.
(2) In making the finding described in paragraph (1), the
commission shall pay special attention to areas where kelp and other
biogenic habitats existed and where restoring those habitats is
reasonably feasible, and to hard bottom areas and other substrate
that may be particularly sensitive to bottom trawl impacts.
(d) Commencing January 1, 2008, the commission shall review
information every three years from the federal groundfish observer
program and other available research and monitoring information it
determines relevant, and shall close any areas in the California
halibut trawl grounds where it finds that the use of trawl gear does
not minimize bycatch, is likely damaging sea floor habitat, is
adversely affecting ecosystem health, or impedes reasonable
restoration of kelp, coral, or other biogenic habitats. The
commission shall pay special attention to areas where kelp and other
biogenic habitats existed and where restoring those habitats is
reasonably feasible, and to hard bottom areas and other substrate
that may be particularly sensitive to bottom trawl impacts in making
that finding.
(e) Notwithstanding any other provision of law, the commission
shall determine the size, weight, and configuration of all parts of
the trawl gear, including, but not limited to, net, mesh, doors,
appurtenances, and towing equipment as it determines is necessary to
ensure trawl gear is used in a sustainable manner within the
California halibut trawl grounds.

8496. Within the California halibut trawl grounds the following
requirements shall apply to the use of trawl nets:
(a) Open season shall be June 16 to March 14, inclusive.
(b) California halibut shall only be taken pursuant to Section
8392.
(c) Not more than 500 pounds of fish other than California halibut
may be possessed, except that any amount of sea cucumbers may be
possessed by a person who holds a valid sea cucumber permit and who
meets any conditions adopted by the commission pursuant to Section
8405.3, and any amount of sharks, skates, or rays for which the take
or possession of that species is not otherwise prohibited by this
code may be taken or possessed.
(d) It is unlawful to operate a trawl net in a way that damages or
destroys other types of fishing gear which is buoyed or otherwise
visibly marked.
(e) Sections 8833 and 8836 do not apply to trawl nets when used or
possessed on California halibut trawl grounds.
(f) Trawl nets described in Section 8843 shall only be used within
the halibut trawl grounds.
(g) Single bags and cod-ends or double bags and cod-ends may be
used within the halibut trawl grounds and may be possessed while a
vessel is in transit directly to the halibut trawl grounds or
returning directly to port. Double bags shall be hung and tied to
each rib line so that the knots of each layer coincide, knot for
knot, for the full length of the double layers. The double mesh
section shall not measure over 25 meshes or 12 feet in length,
whichever is greater. The individual meshes in the double section
shall measure not less than 71/2 inches in length.
(h) No net, whose cod-end meshes are less than prescribed in this
section, may be possessed on any vessel that is operating under the
authority of this section.

8497. If the director determines that the California halibut
resource, or existing fishing operations, within the designated
California halibut trawl grounds are in danger of irreparable injury,
he or she may order the closure of the area, or portions thereof, to
trawl net fishing or further restrict the nets that may be used in
the area, or portions thereof. Any such closure or restriction order
shall be adopted by emergency regulation in accordance with Chapter
3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title
2 of the Government Code.
The department shall bring to the attention of the Legislature
within 30 calendar days after commencement of the next succeeding
regular session of the Legislature any regulation adopted pursuant to
this section.

8500. Except as otherwise expressly permitted in this chapter, no
mollusks, crustaceans, or other invertebrates may be taken, possessed
aboard a boat, or landed for commercial purposes by any person in
any tide pool or tidal area, including tide flats or other areas
between the high tidemark and 1,000 feet beyond the low tidemark,
unless a valid tidal invertebrate permit has been issued to that
person that has not been suspended or revoked. The taking,
possessing, or landing of mollusks, crustaceans, or other
invertebrates pursuant to this section shall be subject to
regulations adopted by the commission.

8510. It is unlawful to take or land krill of any species of
euphausiid for any purpose except scientific research pursuant to
regulations adopted by the commission. This section applies to krill
in the waters of this state and up to 200 miles offshore, as long as
federal law does not regulate the taking of krill.

8550. Herring may be taken for commercial purposes only under a
permit, subject to regulations adopted by the commission. The
commission may, whenever necessary to prevent overutilization, to
ensure efficient and economic operation of the fishery, or to
otherwise carry out this article, limit the total number of permits
that are issued and the amount of herring that may be taken under the
permits.
The commission, in limiting the total number of permits, shall
take into consideration any restriction of the fishing area and the
safety of others who, for purposes other than fishing, use the waters
from which herring are taken.

8550.5. (a) A herring net permit granting the privilege to take
herring with nets for commercial purposes shall be issued to licensed
commercial fishermen, subject to regulations adopted under Section
8550, as follows:
(1) To any resident of this state to use gill nets, upon payment
of a fee of two hundred sixty-five dollars ($265).
(2) To any nonresident to use gill nets, upon payment of a fee of
one thousand dollars ($1,000).
(b) The commission shall not require a permit for a person to be a
crewmember on a vessel taking herring pursuant to this article.

8552. (a) It is unlawful to take herring for roe on a vessel
unless the operator holds a herring permit issued by the department
pursuant to commission regulations. The permit may be transferred
pursuant to Sections 8552.2 and 8552.6.
(b) No person may be issued more than one herring permit, and the
department shall not issue a herring permit to more than one person
except as provided in Section 8552.6.
(c) Herring permits shall only be issued to and shall be held only
by a natural person.
(d) Herring permits shall not be used as any form of security for
any purpose, including, but not limited to, financial or performance
obligations.
(e) The permittee shall be on board the vessel at all times during
herring fishing operations, subject only to exceptions provided for
in this code and regulations adopted under this code.

8552.1. The commission, in consultation with the department and
representatives of the commercial roe herring fishery, and after
holding at least one public hearing, may adjust the fees charged for
permits; including fees for the issuance or transfer of permits, to a
level that will not discourage the transfer of permits or limit
entry into the fishery, and that will ensure sufficient funds to
cover reasonable department costs associated with the management of
the fishery, including research and enforcement costs.

8552.2. Notwithstanding Section 1052, a herring permit may be
transferred from a herring permitholder to a nonpermitholder having a
minimum of 20 or more herring fishery points, as follows: The
permitholder shall mail, by certified or registered mail, to the
department and every individual listed on the department's list of
maximum 20 or more point herring fishery participants, his or her
notice of intention to transfer his or her herring permit, which
notice shall specify the gear type to be used under the herring
permit; the name, address, and telephone number of the transferor and
proposed transferee; and the amount of consideration, if any, sought
by the transferor. Sixty days after mailing the notice, the
transferor may transfer the permit to any person having 20 or more
experience points without the necessity for giving further notice if
the transfer occurs within six months of the date the original notice
was given. Transfers after that six-month period shall require
another 60-day notice of intention to be given. No person may hold
more than one herring permit. A true copy of the notice of intention
to transfer a permit shall be filed with the department by the
transferor under penalty of perjury and shall be available for public
review.

8552.3. The commission may, in consultation with representatives of
the commercial herring roe fishery, and after holding at least one
public hearing, adopt regulations intended to facilitate the transfer
of herring permits, including, but not limited to, regulations that
would do the following:
(a) Allow an individual to own a single permit for each of the
different herring gillnet platoons in San Francisco Bay.
(b) Eliminate the point system for qualifying for a herring
permit.
(c) Allow a herring permit to be passed from a parent to child, or
between husband and wife.

8552.4. Herring permits that are revoked or not renewed may be
offered by the department for a drawing to persons having 20 or more
experience points in the fishery on the first Friday of August of
each year.

8552.5. The commission shall revoke any herring permit if the
holder of the herring permit was convicted of failing to report
herring landings or underreported herring landings or failed to
correctly file with the department the offer or the acceptance for a
permit transferred pursuant to Section 8552.2.

8552.6. (a) Notwithstanding Section 8552, a herring permit may be
issued to two individuals if one of the following criteria is met:
(1) The individuals are married to each other and file with the
department a certified copy of their certificate of marriage and a
declaration under penalty of perjury, or a court order, stating that
the permit is community property.
(2) The individuals meet both of the following requirements:
(A) They are both engaged in the herring roe fishery either by
fishing aboard the vessel or by personally participating in the
management, administration, and operation of the partnership's
herring fishing business.
(B) There is a partnership constituting equal, 50 percent,
ownership in a herring fishery operation, including a vessel or
equipment, and that partnership is demonstrated by any two of the
following:
(i) A copy of a federal partnership tax return.
(ii) A written partnership agreement.
(iii) Joint ownership of a fishing vessel used in the herring
fishery as demonstrated on federal vessel license documents.
(b) For purposes of this section, a herring permit does not
constitute a herring fishing operation. A herring permit may be
transferred to one of the partners to be held thereafter in that
partner's name only if that partner has not less than 10 points
computed pursuant to paragraph (2) of subdivision (a) of Section
8552.8 and there has been a death or retirement of the other partner,
a dissolution of partnership, or the partnership is dissolved by a
dissolution of marriage or decree of legal separation. A transfer
under this section shall be authorized only if proof that the
partnership has existed for three or more consecutive years is
furnished to the department or a certified copy of a certificate of
marriage is on file with the department and the permit is community
property as provided in subdivision (a). The transferor of a permit
shall not, by reason of the transfer, become ineligible to
participate further in the herring fishery or to purchase another
permit.
(c) Notwithstanding subdivision (b), in the event of the death of
one of the partners holding a herring permit pursuant to this
section, where the partnership existed for longer than six months but
less than three years and the surviving partner does not have the
minimum points pursuant to subdivision (b) to qualify for a permit
transfer, the permit may be transferred on an interim basis for a
period of not more than 10 years to the surviving partner if an
application is submitted to the department within one year of the
deceased partner's death and the surviving partner participates in
the fishery for the purpose of achieving the minimum number of points
to be eligible for a permit transfer pursuant to Section 8552.2.
The interim permit shall enable the surviving partner to participate
in the herring fishery. At the end of the interim permit period, the
surviving partner, upon application to the department, may be issued
the permit if he or she has participated in the fishery and gained
the minimum number of experience points for a permit.

8552.7. The department shall reissue a herring permit which has
been transferred pursuant to Section 8552.2 or 8552.6 upon payment of
a transfer fee by the transferee of the permit. Before April 1,
1997, the transfer fee is two thousand five hundred dollars ($2,500),
and, on and after April 1, 1997, the transfer fee is five thousand
dollars ($5,000). The fees shall be deposited in the Fish and Game
Preservation Fund and shall be expended for research and management
activities to maintain and enhance herring resources pursuant to
subdivision (a) of Section 8052.

8552.8. (a) For purposes of this article, the experience points for
a person engaged in the herring roe fishery shall be based on the
number of years holding a commercial fishing license and the number
of years having served as a crewmember in the herring roe fishery,
and determined by the sum of both of the following:
(1) One point for each year in the previous 12 years (prior to the
current license year) that the person has held a commercial fishing
license issued pursuant to Section 7852, not to exceed a maximum of
10 points.
(2) Five points for one year of service as a paid crewmember in
the herring roe fishery, as determined pursuant to Section 8559,
three points for a second year of service as a paid crewmember, and
two points for a third year as a paid crewmember, beginning with the
1978-79 herring fishing season, not to exceed a maximum of 10 points.

(b) The department shall maintain a list of all individuals
possessing the maximum of 20 experience points and of all those
persons holding two points or more, grouped in a list by number of
points. The list shall be maintained annually and shall be available
from the department to all pointholders and to all herring
permittees. All pointholders are responsible for providing the
department with their current address and for verifying points
credited to them by the department.
(c) A herring permittee may use the department's list and rely
upon that list in making offers for transfer of his or her permit
until the date of the annual distribution of the new list. On and
after the date of the annual revision of the list, the permittee
shall use the new list.
(d) The point provisions in this section are for purposes of sale
of a permit or transfer to a partner of a coowned permit.

8553. The commission may make and enforce such regulations as may
be necessary or convenient for carrying out any power, authority, or
jurisdiction conferred under this article.

8554. The commission, in adopting regulations for the commercial
herring fishery, shall provide for the temporary substitution of a
permittee to take herring, if the permittee is ill or injured, by a
crewmember aboard the vessel operated by the permittee. The
commission may require that proof of the illness or injury be
substantiated to the satisfaction of the department.

8555. The director shall periodically meet and confer with
representatives of the commercial herring roe fishery to review
regulations and policies of the commission and the department
concerning that fishery and to receive recommendations on the
regulation and management of that fishery. In particular, those
representatives and their legal counsel may recommend to the
department, for recommendation to the commission for adoption by the
commission as regulations, requirements for the payment of civil
damages that may be imposed in lieu of revoking or suspending a
permit issued pursuant to this article or for violations of
regulations adopted by the commission pertaining to the herring roe
fishery.

8556. Notwithstanding any other provision of law, the commission
shall determine, by regulation, if drift or set gill nets may be used
to take herring for commercial purposes. The commission may also
determine, by regulation, the size of the meshes of the material used
to make such gill nets.

8557. Notwithstanding any other provision of law, the commission
shall determine if round haul nets may be used to take herring in
Districts 12 and 13 and the conditions under which those nets may be
used.

8558. (a) There is established a herring research and management
account within the Fish and Game Preservation Fund. The funds in the
account shall be expended for the purpose of supporting, in
consultation with the herring industry pursuant to Section 8555,
department evaluations of, and research on, herring populations in
San Francisco Bay and those evaluations and research that may be
required for Tomales Bay, Humboldt Bay, and Crescent City and
assisting in enforcement of herring regulations. The evaluations and
research shall be for the purpose of (1) determining the annual
herring spawning biomass, (2) determining the condition of the
herring resource, which may include its habitat, and (3) assisting
the commission and the department in the adoption of regulations to
ensure a sustainable herring roe fishery. An amount, not to exceed
15 percent of the total funds in the account, may be used for
educational purposes regarding herring, herring habitat, and the
herring roe fishery.
(b) The funds in the account shall consist of the funds deposited
pursuant to Sections 8558.1, 8558.2, and 8558.3, and the funds
derived from herring landing taxes allocated pursuant to subdivision
(a) of Section 8052.
(c) The department shall maintain internal accountability
necessary to ensure that all restrictions on the expenditure of the
funds in the account are met.

8558.1. (a) No person shall purchase or renew any permit to take
herring for commercial purposes in San Francisco Bay without first
obtaining from the department an annual herring stamp. The fee for
the stamp shall be one hundred dollars ($100). The revenue from the
fee for the herring stamps shall be deposited into the herring
research and management account established pursuant to Section 8558.

(b) This section shall become operative on April 1, 1997.

8558.2. The amount of the difference between fees for nonresidents
and resident fees, collected pursuant to Section 8550.5, shall be
deposited into the herring research and management account
established pursuant to Section 8558, and all fees for San Francisco
Bay herring permit transfers, collected pursuant to Section 8552.7,
shall also be deposited into the herring research and management
account.

8558.3. One-half of all royalties collected by the department from
the roe-on-kelp fishery collected pursuant to paragraph (2) of
subdivision (f) of Section 164 of Title 14 of the California Code of
Regulations shall be deposited into the herring research and
management account established pursuant to Section 8558.

8559. The commission, in determining experience requirements for
new entrants into the herring fishery after January 1, 1987, shall
require that any person seeking a permit to operate a vessel to take
herring and claiming crew experience shall demonstrate, to the
satisfaction of the department, proof of payment as a crewmember in
the herring fishery based on tax records or copies of canceled checks
offered and accepted as payment for service on a crew in the
California herring roe fishery.

8561. (a) Notwithstanding Section 8394, shark and swordfish shall
not be taken for commercial purposes with drift gill nets except
under a valid drift gill net shark and swordfish permit issued to
that person that has not been suspended or revoked and is issued to
at least one person aboard the boat.
(b) A drift gill net shark and swordfish permit shall not be
required for the taking of sharks with drift gill nets with a mesh
size smaller than eight inches in stretched mesh and twine size no.
18 or the equivalent of this twine size or smaller.

8561.5. (a) Notwithstanding Section 8102, a permit issued pursuant
to Section 8561 may be transferred by the permittee only if one of
the following conditions is met:
(1) The permittee has held the permit for three or more years.
(2) The permittee is permanently injured or suffers a serious
illness that will result in a hardship, as determined in a written
finding by the director, to the permittee or his or her family if the
permit may not otherwise be transferred or upon dissolution of a
marriage where the permit is held to be community property.
(3) The permittee has died and his or her surviving spouse, heirs,
or estate seeks to transfer the permit within six months of the
death of the permittee or, with the written approval of the director,
within the length of time that it may reasonably take to effect the
transfer.
(b) A permit may be transferred only to a person who holds a valid
general gill net permit issued to that person pursuant to Section
8681 that has not been suspended or revoked.
(c) The transfer of a permit shall only become effective upon
notice from the department. An application for transfer shall be
submitted to the department with such reasonable proof as the
department may require to establish the qualification of the person
the permit is to be transferred to, the payment to the department of
a transfer fee of one thousand five hundred dollars ($1,500), and a
written disclosure, filed under penalty of perjury, of the terms of
the transfer.
(d) Any restrictions on participation that were required in a
permit transferred pursuant to Section 8102 before January 1, 1990,
are of no further force or effect.

8562. Applications delivered to a department office after April 30,
or if mailed, postmarked after April 30, shall not be accepted
unless approved by the commission pursuant to Section 8569.

8563. (a) Except as provided in subdivision (b), the permittee
shall be aboard the vessel and shall be in possession of a valid
drift gill net shark and swordfish permit when engaged in operations
authorized by the permit.
(b) A permittee may have any person serve in his or her place on
the permittee's vessel and engage in fishing under his or her drift
gill net shark and swordfish permit for not more than 15 calendar
days in any one year, except that a longer period may be allowed in
the event of serious illness. A permittee shall notify the
department's Long Beach office of a substitution of 15 days or less
per calendar year, by certified letter or telegram at least 24 hours
prior to the commencement of the trip. Written authorization for a
substitution of greater than 15 days shall be obtained from the
director and shall be given only on the director's finding that the
permittee will not be available to engage in the activity due to
serious illness, supported by medical evidence. An application for a
substitution of greater than 15 days shall be made to the Department
of Fish and Game, Headquarters Office, Sacramento, and shall contain
such information as the director may require. Any denial of the
substitution may be appealed to the commission.

8564. When the permittee applies for a drift gill net shark and
swordfish permit, the permittee shall specify the vessel he or she
will use in operations authorized by the permit. Transfer to another
vessel shall be authorized by the department upon receipt of a
written request from the permittee, accompanied by a transfer fee of
one hundred thirty dollars ($130), as follows:
(a) One transfer requested between February 1 and April 30 shall
be made by the department upon request and payment of the fee.
(b) Any transfer, except as provided in subdivision (a), shall be
authorized by the department only after receipt of proof of a
compelling reason, which shall be submitted with the requestfor (continued)