Section § 7850

Explanation

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.

(a)CA Fish And Game Code § 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)CA Fish And Game Code § 7850(b) Any person not required under subdivision (a) to hold a commercial fishing license shall register their 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)CA Fish And Game Code § 7850(c) As used in this section, “person” means a natural person 16 years of age or greater. Any person, partnership, corporation, limited liability company, or association may pay the fees for a license issued to any person.
(d)CA Fish And Game Code § 7850(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.

Section § 7850.5

Explanation

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 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.

Section § 7851

Explanation

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.

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.

Section § 7852

Explanation

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.

(a)CA Fish And Game Code § 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)CA Fish And Game Code § 7852(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)CA Fish And Game Code § 7852(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)CA Fish And Game Code § 7852(d) The commission shall adjust the amount of the fees specified in subdivision (c), as necessary, to fully recover, but not exceed, all reasonable administrative and implementation costs of the department and the commission relating to those licenses.
(e)CA Fish And Game Code § 7852(e) Nothing in this section affects any other provision of law relating to the employment of minors.

Section § 7852.1

Explanation

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.

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).

Section § 7852.2

Explanation

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.

Notwithstanding any other provision of law, a commercial fishing license, stamp, permit, or other entitlement for which there is a renewal deadline shall not be renewed after that deadline, except as follows:
(a)CA Fish And Game Code § 7852.2(a) In addition to the base fee for the license, stamp, permit, or other entitlement, the department shall assess a late fee for any renewal the application for which is received after the deadline, according to the following schedule:
(1)CA Fish And Game Code § 7852.2(a)(1) One to 30 days after the deadline, a fee of one hundred twenty-five dollars ($125).
(2)CA Fish And Game Code § 7852.2(a)(2) Thirty-one to 60 days after the deadline, a fee of two hundred fifty dollars ($250).
(3)CA Fish And Game Code § 7852.2(a)(3) Sixty-one days or more after the deadline, a fee of five hundred dollars ($500).
(b)CA Fish And Game Code § 7852.2(b) The department shall not waive the applicable late fee. The late fees specified in this section are applicable beginning in the 2008 license year, and shall be adjusted annually thereafter pursuant to Section 713.
(c)CA Fish And Game Code § 7852.2(c) The department shall deny any application for renewal received after March 31 of the permit year following the year in which the applicant last held a valid permit for that fishery.
(d)CA Fish And Game Code § 7852.2(d) An applicant who is denied renewal of a late application may submit a written appeal for renewal to the commission within 60 days of the date of the department’s denial. The commission, upon consideration of the appeal, may grant renewal. If the commission grants renewal, it shall assess the applicable late fee pursuant to subdivision (a).

Section § 7852.4

Explanation

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.

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.

Section § 7852.25

Explanation

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.

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.

Section § 7852.27

Explanation

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.

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 to him or her by the Department of Motor Vehicles or by the entity issuing driver’s licenses from the licensee’s state of domicile. A current passport may be used in lieu of a valid driver’s license or identification card by a holder of a valid nonresident commercial fishing license issued pursuant to subdivision (b) of Section 7852. The licensee’s driver’s license, identification card or, if applicable, passport, shall be exhibited upon demand to any person authorized by the department to enforce this code or regulations adopted pursuant thereto.

Section § 7853

Explanation

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.

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)CA Fish And Game Code § 7853(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)CA Fish And Game Code § 7853(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.

Section § 7854

Explanation

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.

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)CA Fish And Game Code § 7854(a) The commanding officer of a vessel owned or operated by the United States or any department or agency thereof.
(b)CA Fish And Game Code § 7854(b) Any other officer of any such vessel who is authorized by his commanding officer to file such complaint.
(c)CA Fish And Game Code § 7854(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.

Section § 7855

Explanation

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.

The proceedings to revoke or suspend a commercial fishing license shall be conducted at one of the commission’s regularly scheduled meetings.

Section § 7856

Explanation

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.

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)CA Fish And Game Code § 7856(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)CA Fish And Game Code § 7856(b) The fish is separated from other fish and stored with other foodstuff for consumption by the crew and passengers aboard the vessel.
(c)CA Fish And Game Code § 7856(c) The fish shall not be bought, sold, offered for sale, transferred to another person, landed, brought ashore, or used for a purpose other than consumption by the crew and passengers.
(d)Copy CA Fish And Game Code § 7856(d)
(1)Copy CA Fish And Game Code § 7856(d)(1) All fish shall be maintained in 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)CA Fish And Game Code § 7856(d)(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)CA Fish And Game Code § 7856(d)(3) Fillets from fish possessed under sportfishing regulations shall be of the minimum length prescribed by commission regulations.
(e)CA Fish And Game Code § 7856(e) The quantity of fish prepared shall not exceed the aggregate sportfishing bag limit for that fish applicable to the total number of crew members and passengers on board the vessel.
(f)CA Fish And Game Code § 7856(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. A person shall not take or possess a 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.

Section § 7857

Explanation

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.

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)CA Fish And Game Code § 7857(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)CA Fish And Game Code § 7857(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)CA Fish And Game Code § 7857(b)(1) The person was not lawfully entitled to be issued the license, permit, or other entitlement.
(2)CA Fish And Game Code § 7857(b)(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 their agent, servant, employee, or person acting under the licensee’s, permittee’s, or entitled person’s direction or control.
(3)CA Fish And Game Code § 7857(b)(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 their agent, servant, employee, or person acting under the licensee’s, permittee’s, or entitled person’s direction or control.
(c)CA Fish And Game Code § 7857(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)CA Fish And Game Code § 7857(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)CA Fish And Game Code § 7857(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)CA Fish And Game Code § 7857(f) Any landing of fish used to qualify for, or renew, a commercial fishing license, permit, or other entitlement shall be reported on electronic fish tickets delivered to the department pursuant to Section 8046.
(g)CA Fish And Game Code § 7857(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 electronic fish ticket for that landing.
(h)CA Fish And Game Code § 7857(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)CA Fish And Game Code § 7857(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)CA Fish And Game Code § 7857(j) A commercial fishing license, permit, or other entitlement is not transferable unless otherwise expressly specified in this code.
(k)CA Fish And Game Code § 7857(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 of that term.
(l)CA Fish And Game Code § 7857(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)CA Fish And Game Code § 7857(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.
(n)CA Fish And Game Code § 7857(n) An application to transfer any permit or other entitlement to take fish for commercial purposes shall be deferred if the current holder of the permit or other entitlement is awaiting final resolution of any pending criminal, civil, or administrative action that could affect the status of the permit or other entitlement.

Section § 7858

Explanation

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.

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)CA Fish And Game Code § 7858(a) The permit shall be renewed annually.
(b)CA Fish And Game Code § 7858(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.