Section § 7700

Explanation

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.

As used in this chapter:
(a)CA Fish And Game Code § 7700(a) “Reduction plant” means any plant used in the reduction or conversion of fish into fish flour, fishmeal, fish scrap, fertilizer, fish oil, or other fishery products or byproducts.
(b)CA Fish And Game Code § 7700(b) “Packer” means any person canning fish or preserving fish by the common methods of drying, salting, pickling, smoking, cold packing, or vacuum packing.
(c)CA Fish And Game Code § 7700(c) “Fish offal” means the heads, viscera, and other parts of fish taken off in preparing for canning, preserving, packing, and preparing for consumption in a fresh state.
(d)CA Fish And Game Code § 7700(d) “Stamp,” except where otherwise specified, includes an electronic validation of privileges issued to the licensee.

Section § 7701

Explanation

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.

The commission may regulate and control fishing boats, barges, lighters or tenders, receptacles or vehicles containing fish, commercial fishermen, packers, reduction plants, plants where fish products are manufactured, and dealers in fish, or fishery products, insofar as necessary to insure the taking and delivery of fish and fishery products in a wholesome and sanitary condition to canning, packing or preserving plants, or to any plant where fishery products are manufactured, or to any fresh fish dealer, and to prevent deterioration and waste of fish.

Section § 7702

Explanation

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.

The department may enter and examine any canning, packing, preserving, or reduction plant, or place of business where fish or other fishery products are packed, preserved, manufactured, bought or sold, or board any fishing boat, barge, lighter, tender, or vehicle or receptacle containing fish, and ascertain the amount of fish received, or kind and amount of fishery products packed or manufactured and the number and size of containers or cans for fishery products purchased, received, used, or on hand and may examine any books and records containing any account of fish caught, bought, canned, packed, stored or sold.

Section § 7702.1

Explanation

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.

No sardines, anchovies, mackerel, or squid intended for or used in any cannery shall be unloaded from any vessel except at a weighing or measuring device approved by the Bureau of Weights and Measures. Such products shall be weighed by a public weighmaster licensed as an individual under the laws of this state and a receipt as to such weight shall be immediately issued by the weighmaster to the fisherman at the time of receipt of such products. Copies of such receipt shall be handled in the manner provided in Sections 8043 to 8047, inclusive.

Section § 7703

Explanation

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.

The commission may establish grades for different varieties of fish or fishery products, which grades shall be conformed to by persons who take or use sardines for bait or who deliver fish or other fishery products to packers or to fresh fish dealers. Every packer of fish, fish dealer, or manufacturer of fish products shall conform to the grades established by the commission.

Section § 7704

Explanation

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.

(a)CA Fish And Game Code § 7704(a) It is unlawful to cause or permit deterioration or waste of a fish taken in the waters of this state, or brought into this state, or to take, receive, or agree to receive more fish than can be used without deterioration, waste, or spoilage.
(b)CA Fish And Game Code § 7704(b) Except as permitted by this code, it is unlawful to use a fish, except fish offal, in a reduction plant or by a reduction process.
(c)CA Fish And Game Code § 7704(c) Except as permitted by this code or by regulation of the commission, it is unlawful to sell, purchase, deliver for a commercial purpose, or possess on a commercial fishing vessel registered pursuant to Section 7881, a shark fin or tail or part of a shark fin or tail that has been removed from the carcass. However, a thresher shark fin or tail that has been removed from the carcass and whose original shape remains unaltered may be possessed on a registered commercial fishing vessel if the carcass corresponding to the fin or tail is also possessed.

Section § 7705

Explanation

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.

All chutes or conveyors used to convey fish or fish offal to any receptacle, and all receptacles containing fish or fish offal to be used for reduction purposes, shall be so constructed and maintained that the fish or fish offal thereon or therein is at all times open to view and inspection.

Section § 7706

Explanation

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.

(a)CA Fish And Game Code § 7706(a) A written complaint may be made to the commission against any person who violates Section 7700 to 7705, inclusive, 7707, 7708, or 8075 to 8080, inclusive, or any regulation adopted thereunder, by any person having information or knowledge of the violation. If the person charged in the complaint is found guilty of the offense charged, the commission may suspend, for a period not to exceed 90 days, any license issued by any state board or officer to that person to take, buy, sell, can, or preserve fish or fishery products. No other license shall be issued to that person during the period of suspension.
(b)CA Fish And Game Code § 7706(b) The proceedings on a complaint shall be conducted at one of the commission’s regularly scheduled meetings.

Section § 7707

Explanation

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.

Any reduction plant in which any fish or any part thereof is used in violation of the provisions of Sections 7700 to 7706, inclusive, 7708, 8151, 8153 to 8157, inclusive, and 8075 to 8080, inclusive, of this code, or in violation of any regulation of the commission, is a nuisance. Whenever the existence of such nuisance is shown to the satisfaction of the superior court of the county in which the reduction plant is situated, by complaint filed in the name of the people of the State of California, the court may issue a temporary injunction to abate and prevent the continuance or recurrence of such nuisance. If the existence of a nuisance is established in such action, an order of abatement shall be entered as part of the judgment in the case, which order shall direct the closing, for 12 months, of the building or place where such nuisance was maintained, and, during such time, the building or place shall be and remain in the custody of the court.

Section § 7708

Explanation

This section allows the commission to create and enforce rules to effectively use the powers and responsibilities given to them under this article.

The commission may make and enforce such regulations as may be necessary or convenient for carrying out any power, authority, or jurisdiction conferred under this article.

Section § 7709

Explanation

This law allows the commission to set rules for catching fish for educational and scientific use.

The commission may establish rules and regulations for the commercial taking of fish for educational and scientific purposes.

Section § 7710

Explanation

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.

(a)CA Fish And Game Code § 7710(a) If the director determines, based on the best available scientific information, or other relevant information that the director possesses or receives, and on at least one public hearing in the area of the fishery, that taking in a fishery is being conducted in a manner that is not sustainable, the director may order the closure of any waters or otherwise restrict the taking under a fishing license in state waters of that species. Any closure or restriction order shall be adopted by emergency regulation in accordance with Chapter 3.5 (commencing with Section 11340) of Division 3 of Title 2 of the Government Code.
(b)CA Fish And Game Code § 7710(b) The director shall bring to the attention of the commission within seven working days any regulations adopted pursuant to this section. Any regulations shall be effective for only 30 days unless the commission extends the closure or restriction under any authority it may have, or unless the director orders another closure or restriction, consistent with the requirements of subdivision (a).
(c)CA Fish And Game Code § 7710(c) The department shall give notice of any hearing to be held pursuant to this section to the commission and its marine resources committee as far in advance of the hearing date as possible.
Nothing in this section or Section 7710.5 restricts any existing jurisdiction of the department with regard to the regulation of fisheries on the high seas.

Section § 7710.1

Explanation

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.

A closure or restriction under Section 7710, or the removal of a closure or restriction under Section 7710.5, may be appealed to the commission. The commission shall hear and decide the appeal within a time that is meaningful, taking into account the duration of the fishery and the economics of the fishery.

Section § 7710.5

Explanation

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.

If, during the period that regulations adopted pursuant to Section 7710 are effective, the director determines, based on thorough and adequate scientific evidence and at least one public hearing in the area of the fishery, that any species or subspecies the taking of which was previously restricted, has recovered or additional evidence indicates that the resource is not in danger of irreparable injury, the director may remove the restriction on taking. Action to remove the restriction shall be by adoption of an emergency regulation in accordance with Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code.
The director shall bring to the attention of the Legislature, within seven calendar days, any regulations adopted pursuant to this section.

Section § 7711

Explanation

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.

(a)CA Fish And Game Code § 7711(a) A person shall, upon request by an authorized agent or employee of the department, immediately relinquish, at no charge, fish or parts of fish caught or landed in California to the department for the purpose of collecting a biological sample.
(b)CA Fish And Game Code § 7711(b) For purposes of this section, “person” means a person licensed pursuant to Section 7850 or a person licensed pursuant to Article 7 (commencing with Section 8030).

Section § 7712

Explanation

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.

Where a fishery is closed or restricted due to the need to protect a fishery resource, marine mammals, or sea birds, or due to a conflict with other fisheries or uses of the marine environment, it shall be the policy of the department and the commission, consistent with budgetary and personnel considerations, to assist and foster the development of alternative fisheries or alternative fishing gear for those commercial fishermen affected by the restrictions, closures, or resource losses, including, but not limited to, the issuing of experimental fishing permits pursuant to Section 1022.