Title FGC — California Fish & Game Code

(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 sardine…

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 C…

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.

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. …

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 di…

The operator of a boat engaged in taking anchovies in waters south of the line described in Section 8180 shall at all times while operating the 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…

(a) No anchovies may be taken for any purpose in Humboldt Bay, except under the following conditions: (1) Anchovies may be taken between May 1 and December 1. (2) Not more than 60 tons of anchovies may be taken between May 1 and December 1 of each year. (3) Only bait nets, as def…

(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 su…

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 onl…

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. (Enacted by Stats. 1957, Ch. 456.)

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. (Enacted by Stats. 195…

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.

Salmon may be sold subject to the exceptions and restrictions contained in this article. (Enacted by Stats. 1957, Ch. 456.)

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

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…

(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 reque…

(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 s…

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) “Change of ownership” means the transfer of ownership of a permitted vessel to a new owner. (c) “Commercial salmon…

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 …

(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 (com…

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.

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 pu…

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…

(a) Except as otherwise provided in this article, the department shall change the designation of the holder of a permit to the new owner of a permitted vessel upon receipt of a notice of change of ownership of the permitted vessel, whether the change of ownership is by contract, …

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 i…

Section 8101 does not apply to this article.

(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 presen…

(a) The owner of a permitted vessel, or that owner’s agent, may apply for renewal of the permit annually on or before April 30, upon payment of the fees established under subdivision (b), without penalty. Upon receipt of the application and fees, the department shall issue the pe…

(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 d…

(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.

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.

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.

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.

(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.

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…

As used in this code, “spiny lobster” refers to the species Panulirus interruptus. (Enacted by Stats. 1957, Ch. 456.)

(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 …

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.