2005 California Fish and Game Code Sections 7850-7858 Article 3. Commercial Fishing Licenses

7850.  (a) Excepting persons expressly exempted under this code, no
person shall use or operate, or assist in using or operating, any
boat, aircraft, net, trap, line, or other appliance to take fish or
amphibia for commercial purposes, and no person shall cause to be
brought ashore, any fish or amphibia at any point in the state for
the purpose of selling them in a fresh state or shall contribute
materially to the activities on board the commercial fishing vessel,
unless the person holds a commercial fishing license issued by the
department.
   (b) Any person not required under subdivision (a) to hold a
commercial fishing license shall register his or her presence on
board the commercial fishing vessel in a log maintained by the owner
or operator of the vessel according to the requirements of the
department.
   (c) As used in this section, "person" does not include persons who
are less than 16 years of age, a partnership, corporation, or
association.  Any person, partnership, corporation, limited liability
company, or association may pay the fees for a license issued to any
person.
   (d) This article does not apply to the taking, transporting, or
selling of live freshwater fish for bait by the holder of a live
freshwater bait fish license issued pursuant to Section 8460.
7850.5.  Section 7850 does not apply to any person who is employed
by the fish receiver to unload fish or fish products, or to load or
unload food and supplies, on or from a commercial fishing boat at a
dock.
7851.  The application for a commercial fishing license shall
contain a statement of the applicant's sex, age, height, weight, the
color of eyes and hair, and a statement as to whether or not the
applicant is a citizen of the United States.
7852.  (a) The department shall issue a commercial fishing license
to any resident who is 16 years of age or older, upon payment of a
base fee of ninety-five dollars ($95) for each resident vessel
crewmember or resident vessel operator.
   (b) The department shall issue a commercial fishing license to any
nonresident who is 16 years of age or older, upon payment of a base
fee of two hundred eighty-five dollars ($285) for a nonresident
vessel crewmember or nonresident vessel operator.
   (c) The base fees specified in this section are applicable to the
2004 license year, and shall be adjusted annually thereafter pursuant
to Section 713.
   (d) Nothing in this section affects any other provision of law
relating to the employment of minors.
7852.1.  The department may refund the fees paid for a commercial
fishing license or stamp, a commercial boat registration, or a
commercial fishing permit to the  estate of the deceased holder of
the license, stamp, registration, or permit, if proof is provided by
the estate that the death of the holder occurred prior to the opening
of the season for which the license, stamp, registration, or permit
was valid.  The department may deduct from the refund an amount equal
to the cost of issuing the refund, but not to exceed twenty-five
dollars ($25).
7852.2.  Notwithstanding any other provision of law, commercial
fishing licenses or permits for which there is a renewal application
deadline may not be renewed after that deadline except as provided by
this section:
   (a) A penalty of fifty dollars ($50) shall be paid in addition to
the fee for renewal of commercial fishing licenses or permits that
are submitted on or before the last day of the next month immediately
following the renewal deadline.  This section does not apply to
permits issued pursuant to Section 8235 or 8550.  The department
shall deny all applications for renewal received after the last day
of the next month immediately following the renewal deadline.
   (b) Applications for renewal received after the last day of the
next month immediately following the renewal deadline shall be
returned to the applicant who may appeal to the commission for
renewal.  The commission shall, upon granting the appeal for renewal,
assess the late penalties provided for in subdivision (a).
7852.25.  Notwithstanding any other provision of law, the department
may deny the issuance or renewal of any licenses, permits, or other
authorizations to take or possess fish for commercial purposes, or to
conduct business involving fish, that are issued pursuant to this
part or Division 12 (commencing with Section 15000), or the renewal
thereof, if the applicant for that authorization or renewal has,
within the preceding year, issued to the department a check that was
dishonored by the bank upon which the check was drawn and the person
has failed to reimburse the department for the amount due plus a fee
of thirty dollars ($30) and any dishonored check charges incurred by
the department.
7852.27.  At all times when engaged in any activity described in
Section 7850 or Article 7 (commencing with Section 8030) for which a
commercial fishing license is required, the licensee shall have in
his or her possession, or immediately available to the licensee, a
valid driver's license or identification card issued by the
Department of Motor Vehicles or by the entity issuing driver's
licenses from the licensee's state of domicile.
7852.4.  The owner of a vessel upon which a person who is at least
16, but less than 18, years of age, and who is licensed under Section
7852 is working shall obtain, and maintain in full force and effect
at all times that a person is working on or about the vessel, a
policy of insurance that provides indemnification to the person
licensed under Section 7852 in case of accident or injury while
working on or about the vessel.
7853.  The commission may suspend or revoke the commercial fishing
license of any licensee who operates a vessel in waters within the
territorial jurisdiction of the State and approaches:
   (a) Within 500 yards of any vessel owned or operated by the United
States Government or any department or agency thereof, except when
necessary to comply with the laws or rules of navigation governing
the safe movement of vessels; or
   (b) So close to any vessel owned or operated by the United States
or any department or agency thereof and engaged in transporting naval
or military equipment or personnel as to interfere with such
transportation or to enable the observation thereof, except when
necessary to comply with the laws or rules of navigation governing
the safe movement of vessels.
7854.  No license shall be suspended or revoked pursuant to Section
7853 until the filing of a complaint with the commission by any of
the following:
   (a) The commanding officer of a vessel owned or operated by the
United States or any department or agency thereof.
   (b) Any other officer of any such vessel who is authorized by his
commanding officer to file such complaint.
   (c) Any commanding officer of any military or naval activity
affected by the licensee's operation of a vessel, or any other
officer of such activity authorized by such commanding officer to
file a complaint.
7855.  The proceedings to revoke or suspend a commercial fishing
license shall be conducted at one of the commission's regularly
scheduled meetings.
7856.  Notwithstanding any other provision of this division, except
as provided in subdivision (f) and except when prohibited by federal
law, fish may be prepared for human consumption aboard a commercial
fishing vessel only under the following conditions:
   (a) The fish are taken under all existing commercial fishing laws
and regulations and, except as provided in subdivision (f), the fish
is of a species and size that can be lawfully taken under
sportfishing regulations in the area where taken and are taken
incidental to normal commercial fishing operations.
   (b) The fish is separated from other fish and stored with other
foodstuff for consumption by the crew and passengers aboard the
vessel.
   (c) The fish, or parts thereof, shall not be bought, sold, offered
for sale, transferred to any other person, landed, brought ashore,
or used for any purpose except for consumption by the crew and
passengers.
   (d) (1) All fish shall be maintained in such a condition that the
species can be determined, and the size or weight can be determined
if a size or weight limit applies, until the fish is prepared for
immediate consumption.
   (2) If the fish is filleted, a patch of skin shall be retained on
each fillet as prescribed by the commission in the sportfishing
regulations until the fish is prepared for immediate consumption.
   (3) Fillets from fish possessed under sportfishing regulations
shall be of the minimum length prescribed by commission regulations.
   (e) No fish which may be possessed under sportfishing regulations
may be possessed in excess of the sport bag limit for each crew
member and passenger on board the vessel.
   (f) Notwithstanding other provisions of this section, kelp bass,
sand bass, spotted bass, yellowfin croaker, spotfin croaker,
California corbina, and marlin, shall not be possessed aboard a
commercial fishing vessel while that vessel is on a commercial
fishing trip.  Lobster, salmon, or abalone shall not be possessed
aboard a commercial fishing vessel while that vessel is on a
commercial fishing trip for preparation for human consumption
pursuant to this section unless that lobster, salmon, or abalone is
taken and possessed in compliance with all applicable laws pertaining
to commercial fishing methods of take, licenses, permits, and size
limits.  Sturgeon or striped bass shall not be possessed aboard a
commercial fishing vessel.  No person shall take or possess any fish
on a commercial fishing vessel under a sportfishing license while
that vessel is engaged in a commercial fishing activity, including
going to or from an area where fish are taken for commercial
purposes.
7857.  Unless otherwise specified, the following conditions apply to
each commercial fishing license, permit, or other entitlement issued
to take, possess aboard a boat, or land fish for commercial purposes
and to each commercial boat registration issued by the department,
except licenses issued pursuant to Article 7 (commencing with Section
8030):
   (a) The person to whom a commercial fishing permit or other
entitlement is issued shall have a valid commercial fishing license
issued pursuant to Section 7852 that is not revoked or suspended.
   (b) The commission, after notice and opportunity for hearing, may
suspend, revoke, or cancel commercial fishing privileges for a period
of time to be determined by the commission for the following
reasons:
   (1) The person was not lawfully entitled to be issued the license,
permit, or other entitlement.
   (2) A violation of this code, the terms of the permit or other
entitlement, or the regulations adopted pursuant thereto, by the
licensee, permittee, person holding the entitlement, or his or her
agent, servant, employee, or person acting under the licensee's,
permittee's, or entitled person's direction or control.
   (3) A violation of any federal law relating to the fishery for
which the license, permit, or other entitlement was issued by the
licensee, permittee, person holding the entitlement, or his or her
agent, servant, employee, or person acting under the licensee's,
permittee's, or entitled person's direction or control.
   (c) The person to whom the commercial fishing license, permit, or
other entitlement is issued shall be present when fish are being
taken, possessed aboard a boat, or landed for commercial purposes.
This subdivision does not apply to commercial fishing vessel permits
or licenses.
   (d) The commercial fishing license, permit, or other entitlement
shall be in the licensee's, permittee's, or entitled person's
possession, or immediately available to the licensee, permittee, or
entitled person at all times when engaged in any activity for which
the commercial fishing license, permit, or entitlement is required.
   (e) Not more than one individual commercial fishing license,
permit, or other entitlement of a single type shall be issued to an
individual person and not more than one commercial vessel fishing
license, permit, or other entitlement of a single type shall be
issued for each vessel.
   (f) Any landing of fish used to qualify for, or renew, a
commercial fishing license, permit, or other entitlement shall be
reported on landing receipts delivered to the department pursuant to
Section 8046.
   (g) In addition to any other requirements in Article 7.5
(commencing with Section 8040), the name of the person issued the
commercial fishing license, permit, or other entitlement authorizing
the taking of the fish shall be included on the landing receipt for
that landing.
   (h) An application for a commercial fishing license, permit, or
other entitlement shall be made on a form containing the information
the department may require.  The commercial fishing license, permit,
or other entitlement shall be signed by the holder prior to use.
   (i) Any person who has had a commercial fishing license, permit,
or other entitlement suspended or revoked shall not engage in that
fishery, and shall not obtain any other commercial fishing license,
permit, or other entitlement that authorizes engaging in that
fishery, while the suspension or revocation is in effect.
   (j) A commercial fishing license, permit, or other entitlement is
not transferable unless otherwise expressly specified in this code.
   (k) Every commercial fishing license, permit, stamp, commercial
boat registration, or other entitlement issued pursuant to this part,
except commercial fish business licenses issued pursuant to Article
7 (commencing with Section 8030), is valid from April 1 to March 31
of the next following calendar year or, if issued after the beginning
of that term, for the remainder thereof.
   (l) A person who holds a commercial fishing vessel permit or other
entitlement authorizing the use of a vessel for commercial fishing
shall also hold a valid commercial boat registration for that vessel,
issued pursuant to Section 7881, that has not been suspended or
revoked.
   (m)  A person who holds a commercial fishing license, permit,
registration, or other entitlement, who moves or acquires a new
address shall notify the department of the old and new addresses
within three months of acquiring the new address.
7858.  In addition to the conditions specified in Section 7857, the
following conditions apply to a commercial permit to take, possess
aboard a boat, or land fish for commercial purposes in a limited
entry fishery, as defined in Section 8100:
   (a) The permit shall be renewed annually.
   (b) Except as otherwise provided by law, an appeal for the denial
of a renewal application or for a waiver of any landing requirements
shall be reviewed and decided by the department.  The appeal shall be
received by the department or, if mailed, postmarked on or before
March 31 following the permit year in which the applicant last held a
valid permit for that fishery.  The decision of the department may
be appealed to the commission.  This section does not apply to
permits issued pursuant to Section 8550.