GenerallyGeneral Provisions
Section § 7700
This section defines several terms related to the fish processing industry. A 'reduction plant' is a facility that processes fish into products like fishmeal and fish oil. A 'packer' is someone who cans or preserves fish in different ways, such as drying or smoking. 'Fish offal' refers to the parts of the fish removed during processing, like heads and guts. Lastly, 'stamp' includes electronic validation given to license holders.
Section § 7701
This law allows the commission to oversee and manage fishing activities and the handling of fish to ensure their sanitary condition. They regulate fishing boats, equipment, fishermen, and processing plants to make sure fish are delivered fresh and in good condition. The goal is to prevent the fish from spoiling and going to waste from when they are caught until they reach markets or manufacturing plants.
Section § 7702
This law allows the department to inspect any business involved with fish, such as canning, packing, and selling. They can also board any vehicle or location that contains fish to check the amount and type of fish products and examine related records and accounts.
Section § 7702.1
If you're unloading sardines, anchovies, mackerel, or squid from a boat to be used in a cannery, you must do it at a special location approved by the Bureau of Weights and Measures. A licensed public weighmaster has to weigh these sea creatures and give the fisherman a receipt showing their weight right away. This receipt needs to be managed following specific procedures outlined in other sections.
Section § 7703
This law allows a commission to set quality standards, called grades, for different types of fish and fish-related products. Anyone involved with sardines for bait or who supplies fish to packers or fresh fish dealers must follow these standards. Fish packers, dealers, and product manufacturers also must comply with these established grades.
Section § 7704
This law makes it illegal to allow fish caught in California to go to waste or spoil. It also prohibits taking more fish than can be used without spoiling. Fish cannot be used in reduction processes unless permitted by law. Selling or possessing shark fins or tails on commercial fishing vessels is banned unless specific conditions are met, like keeping the shark's carcass with the fins. Thresher shark fins or tails with unaltered shapes are an exception if their carcass is also present.
Section § 7705
This law requires that any equipment or containers used to move or hold fish parts must be designed so that the contents are always visible for inspection.
Section § 7706
This law section allows a person to file a written complaint if they know someone has violated specific fishing and fishery product regulations. If the accused is found guilty, the commission can suspend their license to take part in the fishing industry for up to 90 days, and no new licenses will be issued during this suspension. Such proceedings should take place during the commission's regular meetings.
Section § 7707
If a plant is processing fish in a way that's not allowed by certain laws or regulations, it can be declared a nuisance. A court can order it temporarily shut down to stop this nuisance from continuing. If the court finds a nuisance exists, the plant can be closed for a year, and the court will oversee the closure.
Section § 7708
This section allows the commission to create and enforce rules to effectively use the powers and responsibilities given to them under this article.
Section § 7709
This law allows the commission to set rules for catching fish for educational and scientific use.
Section § 7710
This law allows the director of fisheries to restrict or close fishing areas if they are being overfished, based on scientific evidence and a public hearing. Closures or restrictions must be announced quickly and can only last 30 days unless extended by the commission or renewed by the director. The public and relevant committees should be informed about hearings promptly. This does not affect the department's power over international waters.
Section § 7710.1
This law section allows any closure or restriction, or its removal, related to fisheries to be appealed to a commission. The commission is required to hear and decide on the appeal in a timely manner, considering how long the fishing season lasts and the financial impact on the fishing industry.
Section § 7710.5
This law allows the director to lift restrictions on fishing for a species if, based on solid scientific evidence and at least one public hearing, it's determined that the species has recovered or isn't at risk of serious harm. If so, they can quickly enact an emergency regulation to remove the restriction, following specific government procedures.
Also, the director must inform the Legislature of any new regulations within seven days.
Section § 7711
If you're licensed to fish in California, you must give any fish or fish parts you catch to the state department when they ask, free of charge, so they can take biological samples.
Section § 7712
This law states that when a fishery is closed or restricted to protect certain resources like fish, marine mammals, or sea birds, or to resolve conflicts with other ocean uses, the department and commission should support affected commercial fishermen. They aim to help by developing new fishing methods or alternative fisheries. This could include issuing experimental fishing permits, as long as they have the budget and staff.