GenerallyCommercial Fishing Licenses
Section § 7850
If you want to take fish or amphibians to sell them commercially in California, you need a commercial fishing license. This applies to anyone using a boat, aircraft, nets, traps, or other equipment. If you're not required to have a license but are on a commercial fishing vessel, you have to register in a log that the vessel maintains.
A 'person' here includes anyone aged 16 or older, and anyone—like a company or partnership—can pay for someone else's license. This law doesn't cover catching or selling live freshwater fish for bait if you have a specific bait fish license.
Section § 7850.5
This law explains that the rules in Section 7850 don't apply to people who work for a fish receiver and are responsible for unloading fish or fish products, or for loading or unloading food and supplies at a dock from a commercial fishing boat.
Section § 7851
When applying for a commercial fishing license, you need to provide personal details such as your sex, age, height, weight, eye and hair color. You also must state if you are a U.S. citizen or not.
Section § 7852
In California, anyone 16 or older can get a commercial fishing license. Residents pay $95, and nonresidents pay $285. These fees are from 2004 but change yearly based on costs. The fees are set to cover but not exceed how much it costs to manage the licenses. This rule doesn't change how other laws treat minors working.
Section § 7852.1
If someone with a commercial fishing license, stamp, registration, or permit passes away before the fishing season starts, their estate can get a refund for the fees paid. However, the department can take up to $25 from the refund for processing costs.
Section § 7852.2
This law specifies that commercial fishing licenses and related permits in California cannot be renewed after their deadline unless certain conditions are met. If you miss the renewal deadline, you have to pay a late fee in addition to the regular renewal fee: $125 if you're late by up to 30 days, $250 if you're late by 31 to 60 days, and $500 if you're late by 61 days or more.
The late fees can't be waived and are adjusted annually starting from 2008. If you submit your application after March 31 of the year after your last valid permit, the department will deny your renewal application. However, if your application is denied, you have 60 days to appeal to the commission, which may decide to renew your permit and charge the applicable late fee.
Section § 7852.4
If you own a boat and have a crew member aged 16 to 17 who is licensed under Section 7852, you must have insurance that covers them for accidents or injuries while they are working on your boat.
Section § 7852.25
If someone applies for a license or permit to fish commercially in California, or to run a fish-related business, and they have bounced a check to the fish and game department within the last year without paying it back (plus a $30 fee and any other charges), the department can deny their license or permit application or renewal.
Section § 7852.27
If you're doing any commercial fishing activities that require a license, you must have a valid driver's license, identification card, or passport with you. This applies to both residents and nonresidents with a commercial fishing license. If asked, you need to show these documents to anyone enforcing fishing regulations.
Section § 7853
This law allows for the suspension or revocation of a commercial fishing license if the license holder gets too close to U.S. government vessels. Specifically, fishermen must keep at least 500 yards away from such vessels unless required by navigation laws. Also, fishermen must not interfere with or observe military transportation unless necessary for safe navigation.
Section § 7854
Before a license can be suspended or revoked under Section 7853, a complaint must be filed. This complaint can be submitted by certain individuals, such as a commanding officer of a U.S. vessel or their authorized officer, or commanding officers from military or naval activities impacted by the licensee's vessel operations.
Section § 7855
If a person's commercial fishing license is going to be taken away or put on hold, this process will happen during one of the commission's usual meetings.
Section § 7856
This law allows fish to be prepared for eating on commercial fishing vessels only under certain conditions. The fish must be caught legally according to both commercial and sportfishing regulations and must be of lawful species and size for the area. Fish should be kept separate from catch intended for sale and only for eating by the crew and passengers. They cannot be sold or used for any purpose other than consumption on the vessel.
Before cooking, the fish must be kept in a condition where species and size or weight limits can be identified. If filleted, the skin must remain on each piece until ready to cook, and fillets must meet minimum size rules from the sportfishing regulations. Quantity is restricted to the sportfishing bag limit per vessel occupants.
Special rules apply to certain species, such as bass, croakers, corbina, marlin, lobster, salmon, and abalone, which have strict possession rules or are outright banned during commercial trips. Moreover, fish caught with a sportfishing license cannot be taken on a vessel engaged in commercial fishing activities.
Section § 7857
This section outlines the rules and requirements for commercial fishing licenses, permits, or entitlements in California. To fish commercially, you must have a valid license that isn’t revoked or suspended, and you need to be present during fishing activities.
The authorities can suspend or cancel your fishing privileges if you break any related rules or if your entitlement was wrongly issued. You can only have one type of license for yourself and your vessel, and your license must be on hand while fishing.
Fish landings must be reported electronically and, if your fishing license is suspended or revoked, you can't participate in that fishery. Licenses cannot be transferred unless stated otherwise, and typically they are valid April 1 to March 31 of the following year.
If you move, notify the department of your new address within three months. Lastly, any changes in permit ownership will wait if there is a related unresolved legal action.
Section § 7858
This section explains the rules for renewing a commercial fishing permit in California's limited entry fisheries. First, the permit needs to be renewed every year. If you disagree with a decision about your renewal, or if you want a waiver for landing requirements, you can appeal to the department in charge. You have to send your appeal by March 31 after the year you last had a valid permit. If you're unhappy with their decision, you can take it up with the commission. Note, this doesn't cover permits under Section 8550.