Title FGC, California Fish & Game Code

(a) On or before January 1, 1991, the department, in consultation with the commercial salmon fishing review board, created pursuant to former Section 8247, shall establish and adopt, in the manner prescribed in former Section 8238.3, as that section read on January 1, 1991, a ves…

The vessel classification system shall be used by the department for issuance of new original vessel permits pursuant to Section 8243. (Amended by Stats. 2019, Ch. 472, Sec. 5. (SB 262) Effective January 1, 2020.)

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 nonrefu…

Unless otherwise prohibited, the department shall accept a transfer application within two years 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 potenti…

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 re…

(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 applic…

The department shall issue the permit for use of a replacement vessel if it determines that the conditions specified in Section 8239 have been satisfied and the replacement vessel has the same fishing potential as, or less fishing potential than, the permitted vessel. (Amended by…

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 app…

(a) If the department determines that the number of permitted vessels is less than 2,500, the department shall determine 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…

(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…

(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 depar…

(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, co…

(a) The commission, in consultation with the department, shall adopt regulations for the determination of civil damages provided for in subdivision (a) of Section 8246 that give due consideration to the appropriateness of the civil damages with respect to all of the following fac…

The commission, after notice and opportunity for hearing, shall revoke a commercial salmon vessel permit issued pursuant to this article if the vessel permit was obtained by fraudulent means. (Amended by Stats. 2019, Ch. 472, Sec. 17. (SB 262) Effective January 1, 2020.)

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. (Amended by Sta…

(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 pursua…

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. (Added by Stats. 1988, Ch. 1164, Sec. 2.)

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…

(a) There is established the California Winter Rice Habitat Incentive Program subject to the requirements of this article. (b) Subject to appropriation for purposes of this article, the director may enter into contracts with nonpublic entities that are owners of record or with le…

Each contract shall be for an initial term of three years and shall include the following: (a) The designation of the owner of record or the lessee, and the legal description and the assessor’s parcel number of the land subject to the contract. (b) An agreement by the owner or th…

If during the contract period the owner or lessee is divested of the use of the waterfowl habitat subject to the contract, the owner or lessee shall notify the department concurrent with that divestment. Any unearned payment shall immediately be refunded by the owner or lessee to…

The director and the owner or lessee may mutually agree to modify the terms and conditions of a contract under this article as the director may determine to be desirable to carry out the purposes of, or to facilitate administration of, the program. (Added by Stats. 2018, Ch. 649,…

The California Winter Rice Habitat Incentive Program Account is hereby created in the Fish and Game Preservation Fund. Funds deposited in the California Winter Rice Habitat Incentive Program Account shall be made available for expenditure, upon appropriation by the Legislature, t…

(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 …

(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 perm…

(a) A valid 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 electronic fish tickets w…

(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 determ…

This article shall become inoperative on April 1, 2030, and as of January 1, 2031, is repealed. (Amended by Stats. 2019, Ch. 472, Sec. 29. (SB 262) Effective January 1, 2020. Inoperative April 1, 2030. Repealed as of January 1, 2031, by its own provisions. Note: Termination claus…

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. (Amended by Stats. 2000, Ch. 388, Sec. 12. Effective January 1, 2001…

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. (Amended by Stats. 2000, Ch. 388, Sec. 13. Effective January 1, 2001.)

(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…

(a) No person shall purchase squid from a vessel or vessels unless that person holds a license issued pursuant to Section 8032 or 8033, employs a certified weighmaster, and the facilities operated by the person are located on a permanent, fixed location. (b) Notwithstanding any o…

(a) On or before December 31, 2002, the commission, after consideration of the report and recommendations prepared by the department pursuant to subdivision (c) of Section 8426, and, after public hearings, shall adopt a market squid fishery management plan and regulations to prot…

Commencing April 1, 2003, and annually thereafter, the fees for a commercial market squid vessel permit and for a commercial squid light boat owner’s permit shall be established by the commission. The total amount of fees collected pursuant to this section, including any revenue …

(a) Any statement made to the department, orally or in writing, relating to a permit issued under this article, shall be made under penalty of perjury. (b) The commission shall revoke the commercial fishing license, the commercial boat registration of any vessel, and, if applicab…

Notwithstanding any other provision of law, nothing in this article shall prohibit or otherwise limit the authority of the director or the commission under any other law. (Added by Stats. 1997, Ch. 785, Sec. 1. Effective January 1, 1998.)

Sections 8420.5 to 8423.5, inclusive, and Sections 8426 and 8427 shall become inoperative upon the adoption by the commission of a market squid fishery management plan and the adoption of implementing regulations pursuant to Section 8425, and are repealed six months thereafter. (…

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 …

Whenever any person, while taking a bird or mammal, kills or wounds any human being and that fact is ascertained by the department, the department shall notify the district attorney of the county in which the act occurred. The district attorney may thereupon bring an action in th…

Any person whose license has heretofore been revoked pursuant to Section 12150 may, upon petition, obtain a new trial in the court which originally revoked his license. Such trial shall be with a jury if requested as provided in Section 12150, and shall be to determine if the rev…

(a) Any person who has been prohibited from taking any bird or mammal pursuant to Section 12150 or 12151 shall not apply for a hunting license or take any bird or mammal unless the person has filed with the department proof of ability to respond in damages in an amount of at leas…

The department shall, upon request, cancel any bond or shall direct the return to the person entitled thereto of any money or securities deposited pursuant to this code as proof of ability to respond in damages: (a) On the filing of an affidavit with the department that the perso…

Whenever any claim is made against any such person or judgment is rendered against any such person required to file proof of ability to respond in damages, such person shall not apply for a hunting license or take any bird or mammal until additional proof of ability to respond in…

Whenever any person, while taking a bird or mammal, kills or wounds any domestic animal belonging to another and that fact is ascertained by the department, the department shall notify the district attorney of the county in which the act occurred. The district attorney may thereu…

A person who, while hunting, kills or wounds or witnesses the killing or wounding of a human being, or domestic animal belonging to another, shall, within 48 hours after the incident, forward a complete written report to the Department of Fish and Wildlife, 1416 Ninth Street, Sac…

Whenever a person has been prohibited from taking any bird or mammal pursuant to Section 12150 or Section 12151, the court in which the proceeding for such action was had shall report the facts to the department at its Sacramento headquarters office. The report shall show the dat…