Title FGC, California Fish & Game Code

(a) The following persons shall report all fish sales, deliveries, transfers, and landings using an electronic fish ticket as prescribed pursuant to regulations adopted by the commission: (1) A person who is required to be licensed under Article 7 (commencing with Section 8030) t…

(a) A person required to be licensed as a marine aquaria receiver shall make a legible, true, and complete record of the landing receipts on a form and in a manner prescribed by the department. (b) The department may require any information from a person required to be licensed a…

(a) A commercial fisherman licensed pursuant to Section 8033.5 who sells fish from a vessel directly to the ultimate consumer and who is required pursuant to Section 8043 to make an electronic fish ticket shall make an electronic fish ticket in either of the following ways: (1) F…

(a) The electronic fish ticket made under Section 8043 shall be submitted to the department within three business days of the landing unless otherwise specified in regulations. The original signed copy of the paper landing receipt made under Section 8043.1 shall be delivered to t…

In addition to the requirements of Section 8046, any person landing groundfish subject to federal groundfish regulations adopted pursuant to the Magnuson Fishery Conservation and Management Act (16 U.S.C. Sec. 1801 et seq.) shall keep a copy of the electronic fish ticket on board…

(a) (1) An original printed signed hard copy of the electronic fish ticket as required by Section 8043 or landing receipt as required by Section 8043.1 shall be retained by the licensee for a period of four years and shall be available for inspection at any time within that perio…

(a) In addition to the receipt required by Section 8043, every person licensed under Article 7 (commencing with Section 8030), and any commercial fisherman who sells fish to persons who are not licensed under Article 7 (commencing with Section 8030), and any person who deals in f…

(a) The landing fee imposed pursuant to Section 8041 shall be determined pursuant to Section 8042 by using the fee rates in the following schedule, as adjusted pursuant to subdivision (b): Rate per pound Lobster $ 0.1333 Spot prawn and abalone $ 0.1000 Salmon and swordfish, based…

(a) The landing fee collected pursuant to former Section 8051.3 shall be deposited in the Fish and Game Preservation Fund and shall be used only for the Abalone Resources Restoration and Enhancement Program. The department shall maintain internal accounts necessary to ensure that…

Landing fees shall be used only for the administration of laws relating to the commercial fishing industry, except as follows: (a) Not less than 90 percent of the landing fee on herring taken for roe shall be expended for research and management activities to maintain and enhance…

(a) Landing fees imposed by this article shall be paid quarterly to the department within 30 days after the close of each quarter. (b) The department may adopt regulations specifying the procedures for collecting landing fees not paid within 30 days after the close of the quarter…

Except as otherwise provided in this article, all moneys collected pursuant to this article shall be paid to the department, and shall be expended for the patrol of packing plants, inspection and regulation of the fishing industry, and conservation work for the benefit of the com…

If the department determines that any fee or penalty has been paid more than once or has been erroneously or illegally collected or computed, the department shall set forth that fact in the records of the department. The excess amount collected or paid shall be credited on any am…

In the event of overpayment of any of the fees imposed by this article, the feepayer may file a claim for refund or a claim for credit with the department. No refund or credit shall be approved by the department unless the claim is filed with the department within six months afte…

Every claim for refund or credit for overpayment of a landing fee shall be in writing and shall state the specific grounds upon which the claim is founded. (Amended by Stats. 2017, Ch. 26, Sec. 23. (SB 92) Effective June 27, 2017.)

Failure to file a claim for refund or credit within the time prescribed in this article constitutes a waiver of any demand against the state on account of overpayment of a landing fee. (Amended by Stats. 2017, Ch. 26, Sec. 24. (SB 92) Effective June 27, 2017.)

Within 30 days after disallowing any claim for refund or credit for overpayment of a landing fee in whole or in part, the department shall serve notice of its action on the claimant, either personally or by mail. If served by mail, service shall be made pursuant to Section 1013 o…

Interest shall be paid upon any overpayment of a landing fee at the rate of one-half of 1 percent per month from the date of overpayment. The interest shall be paid to the date the claim for refund or credit is approved by the department. (Amended by Stats. 2017, Ch. 26, Sec. 26.…

If the department determines that any overpayment of a landing fee has been made intentionally or by reason of carelessness, it shall not allow any interest thereon. (Amended by Stats. 2017, Ch. 26, Sec. 27. (SB 92) Effective June 27, 2017.)

No injunction or writ of mandate or other legal or equitable process shall issue in any suit, action, or proceeding in any court against this state or against any officer of the state to prevent or enjoin the collection under this article of any landing fee. (Amended by Stats. 20…

No suit or proceeding shall be maintained in any court for the recovery of any amount of landing fee alleged to have been erroneously paid or erroneously or illegally determined or collected unless a claim for refund or credit has been duly filed pursuant to Sections 8058 and 805…

Within 90 days after the mailing of the notice of the department’s action upon a claim filed pursuant to Sections 8058 and 8059, the claimant may bring an action against the department on the grounds set forth in the claim in a court of competent jurisdiction in any city or city …

If the department fails to mail notice of action on a claim for refund or credit for overpayment of a landing fee within six months after the claim is filed, the claimant may, before the mailing of notice by the department of its action on the claim, consider the claim disallowed…

If judgment is rendered for the plaintiff, the amount of the judgment shall first be credited on any landing fee due and payable from the plaintiff to the state under this article. The balance of the judgment shall be refunded to the plaintiff. (Amended by Stats. 2017, Ch. 26, Se…

In any judgment, interest shall be allowed at the legal rate of interest on unsatisfied judgments, as provided in Section 685.010 of the Code of Civil Procedure, upon the amount found to have been illegally collected from the date of payment of the amount to the date of allowance…

A judgment shall not be rendered in favor of the plaintiff in any action brought against the department to recover any amount paid when the action is brought by or in the name of an assignee of the person paying the amount or by any person other than the person who paid the amoun…

This code shall be known as the Fish and Game Code. (Enacted by Stats. 1957, Ch. 456.)

The singular number includes the plural, and the plural, the singular. (Enacted by Stats. 1957, Ch. 456.)

There is in the Resources Agency the Fish and Game Commission created by Section 20 of Article IV of the Constitution. (Amended by Stats. 1969, Ch. 55.)

(a) The Legislature finds and declares that the scope and responsibilities of the commission have significantly expanded over the years as the size and diversity of California’s population have increased, and as the scientific knowledge of the habitat conservation and ecosystem-b…

(a) The commissioners shall annually elect one of their number as president and one as vice president, by a concurrent vote of at least three commissioners. (b) The president or vice president may be removed from the position of president or vice president by a vote, at any time,…

(a) Each of the commissioners shall receive one hundred dollars ($100) for each day of actual service performed in carrying out his or her official duties pursuant to law, but the amount of this compensation shall not exceed for any one commissioner the sum of five hundred dollar…

The commission may employ a staff, including an executive director, to assist the commission in conducting its operations, but neither the commission nor its staff shall have or be given any powers in relation to the administration of the department. (Amended by Stats. 2006, Ch. …

The commission shall form a marine resources committee from its membership consisting of at least one commissioner. The committee shall report to the commission from time to time on its activities and shall make recommendations on all marine resource matters considered by the com…

The commission shall form a wildlife resources committee from its membership consisting of at least one commissioner. The committee shall report to the commission from time to time on its activities and shall make recommendations on all nonmarine resource matters considered by th…

The commission shall form a tribal committee from its membership consisting of at least one commissioner. The committee shall report to the commission from time to time on its activities and shall make recommendations on all tribal matters considered by the commission. The commit…

The commission shall adopt a code of conduct that requires, at a minimum, that a commissioner adhere to the following principles: (a) A commissioner shall faithfully discharge the duties, responsibilities, and quasi-judicial actions of the commission. (b) A commissioner shall con…

By July 1, 2013, the commission shall adopt rules to govern the business practices and processes of the commission. (Added by Stats. 2012, Ch. 592, Sec. 5. (AB 2609) Effective January 1, 2013.)

Whenever in this code the doing of an act between certain dates or from one date to another is allowed or prohibited, the period of time thereby indicated includes both dates specified. The first date specified designates the first day of the period, and the second day specified …

(a) The commission shall hold no fewer than eight regular meetings per calendar year, if the commission has adequate funding for related travel, including funding for department travel. The commission may also hold special meetings or hearings to receive additional input from the…

For the protection of fish and game, the State of California is divided into fish and game districts to be known and designated as provided in this division. Unless otherwise provided, the townships and ranges specified in this division are referred to the Mount Diablo base and m…

The following constitutes Fish and Game District 1: Those portions of the following counties not included in other districts: Shasta, Tehama, Plumas, Butte, Sierra, Sutter, Yuba, Nevada, Placer, Sacramento, Madera, Tulare; those portions of San Joaquin County lying east and north…

The following constitutes Fish and Game District 138: Those portions of the following counties not included in other districts: Alpine, El Dorado, Amador, Calaveras, Tuolumne and Mariposa. Except as otherwise provided, all of the provisions of this code relating to District 1 sha…

The following constitutes Fish and Game District 112: Those portions of the Counties of Del Norte, Siskiyou, Trinity, and Humboldt not included in other districts. (Enacted by Stats. 1957, Ch. 456.)

The following constitutes Fish and Game District 134: Those portions of the County of Modoc not included in other districts and that portion of the County of Siskiyou lying east of the Weed-Klamath Falls Highway between the north line of the County of Siskiyou and the Town of Wee…

The following constitutes Fish and Game District 2: Those portions of the following counties not included in other districts: Mendocino, Glenn, Colusa, Yolo, Solano, Napa, Sonoma, and Marin; that portion of San Francisco Bay lying westerly of a line drawn from California Point to…