2005 California Fish and Game Code Sections 8030-8039 Article 7. Commercial Fish Business Licenses

8030.  Any person who engages in any business for profit involving
fish shall be licensed pursuant to this article, except as follows:
   (a) A commercial fisherman who sells fish only to persons licensed
under this article to purchase or receive fish from commercial
fishermen and who does not engage in any activity described in
Section 8034, 8035, or 8036 unless licensed to engage in both
activities.
   (b) A person licensed pursuant to Section 8460  who only takes,
transports, or sells live freshwater fish for bait.
   (c) A person who sells fish or aquaculture products only at retail
to the ultimate consumer if that person does not conduct any
activities described in Section 8033, 8035, or 8036.
   (d) Pursuant to Division 12 (commencing with Section 15000), a
person who deals only in products of aquaculture.
   (e) A person who deals only with nonnative live products that are
not utilized for human consumption but that are utilized solely for
pet industry or hobby purposes and who does not engage in the
activities described in Section 8033.1.
   (f) A person who is employed by the fish receiver to unload fish
or fish products from a commercial fishing boat at a dock.
   (g) A person who purchases, sells, takes, or receives live marine
fish for use as live bait, which are not brought ashore, and who does
not engage in any activity described in Section 8033, 8033.1, 8034,
8035, or 8036.
8031.  (a) The following definitions govern the construction of this
article:
   (1) "Process fish" means any activity for profit of preserving or
preparing fish for sale or delivery to other than the ultimate
consumer, including, but not limited to, cleaning, cutting, gutting,
scaling, shucking, peeling, cooking, curing, salting, canning,
breading, packaging, or packing fish.  "Process fish" also means the
activity for profit of manufacturing fish scraps, fish  meal, fish
oil, or fertilizer made from fish.  "Process fish" does not include
the cleaning, beheading, gutting, or chilling of fish by a licensed
commercial fisherman which is required to preserve the fish while
aboard a fishing vessel and which is to prevent deterioration,
spoilage, or waste of the fish before they are landed and delivered
to a person licensed to purchase or receive fish from a commercial
fisherman.
   (2) "Wholesale" means the purchase of fish from  persons licensed
to purchase or receive fish from a commercial fisherman, processors,
importers, or any other wholesaler for the purpose of resale to other
than the ultimate consumer.
   (3) "Import" means receiving or purchasing fish taken outside of
this state which are not landed in this state by a licensed
commercial fisherman.
   (4) "Commercial fisherman" means a person who has a valid,
unrevoked commercial fishing license issued pursuant to Section 7850.
   (b) This section shall become operative on January 1, 1993.
8032.  (a) A commercial fish business license shall be issued which
authorizes any or all activities described in Section 8033, 8034,
8035, or 8036.  The annual fee for this license is one thousand three
hundred seventy-three dollars  ($1,373).
   (b) Specialty licenses for part of, but not all, activities
described in subdivision (a) shall be issued in five classes, as
follows:
   (1) Fish receiver's license, issued to any person engaged in the
business of receiving fish as provided in Section 8033.
   (2) Marine aquaria receiver's license, issued to any person
engaged in the business of receiving live marine species indigenous
to California waters from a person required to be a licensed
commercial fisherman for the purpose of wholesaling or retailing
those species for pet industry or hobby purposes as provided in
Section 8033.1.
   (3) Fish processor's license, issued to any person engaged in the
business of processing fish as provided in Section 8034.
   (4) Fish wholesaler's license, issued to any person who is engaged
in the business of wholesaling fish as provided in Section 8035.
   (5) Fish importer's license, issued to any person who is engaged
in the business of importing fish as provided in Section 8036.
8033.  (a) Except as provided in Section 8033.1 or 8033.5, or
subdivision (c) of Section 8047, any person who purchases or receives
fish for commercial purposes from a fisherman who is required to be
licensed under Section 7850, or any person who removes fish from the
point of the first landing that the person has caught for his or her
own processing or sale, shall obtain a fish receiver's license.
   (b) The annual fee for a fish receiver's license is five hundred
forty-nine dollars ($549).
   (c) A cooperative association of fishermen may be licensed as fish
receivers.
8033.1.  (a) Any person engaged in any of the following activities
involving species identified in subdivision (b) of Section 8597 shall
obtain a nontransferable marine aquaria receiver's license:
   (1) A person who is required to have a marine aquaria collector's
permit pursuant to Section 8597 who sells live marine organisms
indigenous to California, that the person has taken, to the ultimate
consumer.
   (2) A person who purchases or receives live marine species
indigenous to California for commercial purposes from any of the
following:
   (A) A fisherman who is required to have a marine aquaria collector'
s permit pursuant to subdivision (a) of Section 8597.
   (B) A person who imports from neighboring states species that are
also indigenous to California waters.
   (b) A person required to be licensed as a marine aquaria receiver
shall obtain all live marine organisms indigenous to California
waters only from fishermen, aquaculturists, or importers holding
current and appropriate licenses or permits.
8033.2.  The annual fee for the marine aquaria receiver's license
is one thousand three hundred seventy-three dollars ($1,373).
8033.5.  (a) Any commercial fisherman who sells fish for other than
marine aquaria pet trade or research purposes that he or she has
taken to the ultimate consumer of that fish shall obtain a fisherman'
s retail license.  The annual fee for a fisherman's retail license is
sixty-nine dollars ($69).
   (b) Any person required to obtain a license under this section who
engages in any activity described in Section 8033, 8034, 8035, or
8036 shall also obtain an appropriate license to engage in those
activities.
8034.  (a) Any person who processes fish for profit shall obtain a
fish processor's license.  The annual fee for a fish processor's
license is five hundred forty-nine dollars ($549).
   (b) Any person required to obtain a license under this section who
takes his or her own fish shall also obtain a fish receiver's
license or a commercial fish business license.
8035.  (a) Except for a person exempt under Section 8030 or an
importer licensed under Section 8036, any person who, for the purpose
of resale to other than the  ultimate consumer, purchases or obtains
fish from another person, who is required to be licensed as a fish
receiver, fish processor, fish importer, or fish wholesaler under
this article,  shall obtain a fish wholesaler's license.
   (b) The annual fee for a fish wholesaler's license is three
hundred seventy-one dollars  ($371).
   (c) This section does not apply to persons required to have a
marine aquaria receiver's license pursuant to Section 8033.1.
8036.  Any person who purchases or receives fish, which are taken
outside of this state and brought into this state by a person who is
not a licensed commercial fisherman, for the purpose of resale to
other than the ultimate consumer shall obtain a fish importer's
license.  The annual fee for a fish importer's license is five
hundred forty-nine dollars ($549).
8037.  (a) A person who engages in business involving fish which
business activity would require more than one class of license under
this article shall obtain either a commercial fish business license
issued under subdivision (a) of Section 8032 or each of the specialty
licenses which are required for the classes of activities engaged
in.  Each plant, facility, or other place of business in which an
activity occurs that is required to be licensed shall have a copy of
the required license.
   (b) This section shall become operative on January 1, 1993.
8038.  A license issued under this article is valid from January 1
to December 31, inclusive, or, if issued after the beginning of that
term, for the remainder thereof.
8039.  The fees specified in this article are applicable to the 2004
license year and shall be adjusted annually thereafter pursuant to
Section 713.