This section explains two important definitions for understanding the related article. First, a 'commercial fisherman' is someone who holds a valid commercial fishing license mentioned in another section. Second, a 'landing fee' refers to a fee associated with the commercial fishing activities, as described in another part of the law.

This law outlines who must pay a landing fee related to fish transactions and who is exempt. People required to pay include licensed fish receivers, wholesalers or processors from before 1987, and commercial fishermen selling to unlicensed persons. Those exempt from this fee are people dealing in live freshwater bait fish, commercial fishermen selling live bait or aquaria fish, and those handling live marine bait fish not brought to shore. Additionally, those licensed for live aquaria fish pay a separate license fee instead of the landing fee.

This section explains how landing fees for fish delivered by commercial fishermen in California are calculated. The fee is based on the type of fish and its weight at delivery, as listed in Section 8051. If the fish isn't whole, like when it's cleaned or gutted, a conversion factor set by the department is used to adjust the fee.

This law section requires certain individuals involved in fishing to use electronic fish tickets to report any sales, deliveries, transfers, and landings of fish. These individuals include licensed fish receivers, commercial fishermen selling directly to non-licensed parties, and those bringing fish ashore.

The tickets must include details such as the fish species, accurate weight, fisherman and boat details, the recipient's name, the date, and the price paid. Specific rules apply if the fish are used as live bait and are not brought ashore.

Additionally, transactions should not occur at sea, with certain exceptions for live bait. All parties involved must sign the electronic fish ticket, ensuring record accuracy and compliance.

This law section outlines the requirements for individuals who must be licensed as marine aquaria receivers in California. These individuals must accurately and fully record landing receipts using a form provided by the department. They may also be required to provide additional information as deemed necessary. The landing receipt must be completed when organisms are received from commercial fishermen, or if the licensee collects their own organisms, when these are brought ashore. Finally, copies of the landing receipts must be sent to the department as specified in another section.

This law outlines how licensed commercial fishermen in California, who sell fish directly to consumers, need to handle electronic fish tickets. If selling fish directly from their vessel, they must either create a ticket for each sale or maintain a daily tally sheet of all sales. This tally sheet must list the species and weight of fish sold, and the total sales must be recorded on an electronic ticket at the end of the day. They need to keep this information for four years.

Additionally, these fishermen are not considered weighmasters when selling directly to consumers or to unlicensed individuals. If a fisherman sells their own catch, they must allow inspection of their fish by authorized department agents and, if asked, provide the head of any inspected salmon missing an adipose fin.

This law requires that electronic fish tickets be submitted to the department within three business days after fish are landed. Signed paper landing receipts must be delivered to the department by the 16th or last day of the month, whichever comes first. Commercial fishermen must receive a copy at the time of purchase and keep it for four years for inspections. Those filling out these documents, such as licensed dealers or live bait dealers, must also keep copies for four years.

For certain fish like sardines and anchovies that are sold fresh, the dealer must notify and allow an authorized agent presence during weighing if requested. Agents representing fish takers, excluding the fisherman, should receive a copy. 'Business day' here means Monday to Friday, except holidays.

This law requires anyone catching groundfish under certain federal regulations to keep a copy of the electronic fish ticket on their fishing vessel. The ticket must remain on board during, and for 15 days after, any limited catch period for each fishing trip.

This law outlines the requirements for keeping records of fish catches in California. Commercial fishermen must keep a signed copy of electronic fish tickets or landing receipts for four years for inspection. Those transporting fish to licensed receivers must complete transportation receipts at the time of transfer. These receipts contain detailed information about the fish, including species, weight, and fisherman details. They must be delivered to the department by specific dates. The transportation receipt is solely for transit purposes, and transporters don't need to be licensed fish receivers. Each transportation receipt book is issued to an individual fisherman and must be filled out in order. If a receipt is voided, it must be marked as "VOID" and submitted properly. Any unused receipts must be forwarded to the department if the fisherman ceases business.

This law requires anyone involved in selling, distributing, or dealing in fresh or frozen fish in California to keep detailed records. These records must include specifics like the species of fish, weight, buyer's and seller's details, sale date, price, and intended use. Information must be kept in English and maintained for three years. These records should be accessible for inspection during business hours in California.

This law outlines how landing fees for certain types of seafood are determined and adjusted in California. The landing fees are set at specific rates per pound for various seafood, such as lobster, salmon, and market squid. These rates are initially based on the year 2020.

Each year, the fees are adjusted according to changes in the Implicit Price Deflator, a measure of price changes published by the U.S. Department of Commerce. The adjustment ensures fees reflect economic changes and become effective starting January of the following year. The department is responsible for reporting these calculations to the Legislature with the Governor’s Budget Bill.

The law also states that the revenue from these fees is not subject to certain constitutional constraints, specifically Article XIII B of the California Constitution.

This law specifies that money collected from a landing fee, previously under another section, must go into the Fish and Game Preservation Fund. The funds should be used only for the Abalone Resources Restoration and Enhancement Program. The department needs to ensure proper tracking of these funds, and they can only use a limited amount for administrative overhead according to their standard rate. Any interest earned from this fee is also to be used for the same program. This section took effect on January 1, 2012.

Landing fees collected from the commercial fishing industry in California are primarily used for managing that industry. However, there are specific rules for certain fish. For herring caught for their roe, at least 90% of the landing fees must go towards research and management to sustain herring stocks. For thresher and mako sharks, at least 90% of the fees must support studies and administrative costs related to shark management.

This law section explains that landing fees must be paid to the department every quarter, within 30 days after each quarter ends.

If these fees aren't paid on time, the department can establish specific rules for collecting overdue fees. These rules may follow similar processes to those used for collecting sales and use taxes.

All money collected under this law must be given to the department responsible for specific activities like patrolling packing plants, inspecting and regulating the fishing industry, and doing conservation work to support commercial fishing.

If the department finds that you've paid a fee or penalty more than once or improperly, they'll note it in their records. Any extra money you've paid will first go towards any other payments you owe. If there's still an overpayment, it'll be refunded to you or your estate.

If you pay too much in fees, you can request a refund or a credit from the department that collected the fees. To be eligible for a refund or credit, you must submit your claim within six months after the year when the overpayment occurred.

If you've overpaid a landing fee and want to get your money back, you need to write a formal request explaining why you think the refund is justified.

If you don't file a request to get money back for paying too much on a landing fee within the deadline, you lose your right to ask the state for that money.

If someone files for a refund of a landing fee and their claim is denied, the department must inform them within 30 days. The notice can be given in person or mailed to the address the department has on record. If mailed, the notice is considered received when it's sent, not when it's actually delivered.

If you pay too much in landing fees, you'll get interest back on your overpayment. The interest rate is 0.5% per month. It accrues from when you overpaid until your refund or credit is approved.

This law states that if you’ve overpaid a landing fee and the department finds out that it happened on purpose or because of carelessness, they won’t pay you any interest on that overpaid amount.

This law states that you cannot file any kind of court order or legal action to stop the collection of landing fees by the state or its officers. Essentially, you can't legally block or delay the state from collecting these fees.

If you think you've paid, or been charged, a landing fee by mistake or improperly, you can't sue to get your money back unless you've first filed a claim for a refund in accordance with specific procedures outlined in Sections 8058 and 8059.

After receiving a notice that their claim was rejected, a claimant has 90 days to sue the department to recover money they believe they're owed. The lawsuit must be filed in a city where the Attorney General has an office. If the claimant doesn't sue within this timeframe, they lose their right to challenge the overpayment decision.

If the department doesn't send a notice about your refund claim for overpaid landing fees within six months, you can assume they've denied it and take legal action to recover your money.

This law says that if a plaintiff wins a judgment, any money owed to the state for landing fees will be subtracted from the judgment amount. Whatever is left after this is deducted will be refunded to the plaintiff.

If someone has been ordered by a judgment to get money back that was taken from them illegally, interest will be added to the amount owed to them. This interest applies from the day they initially made the payment till the credit is given or up to 30 days before a refund is issued. The specific date when this applies will be set by the relevant department.

This law says that if someone is trying to get their money back from the department through a lawsuit, they will not win if they didn't personally pay the amount themselves. So, if you are someone else or an assignee (meaning someone assigned to the task), you can't win the case.