“Limited entry fishery” means a fishery in which the number of persons who may participate or the number of vessels that may be used in taking a specified species of fish is limited by statute or regulation.
GenerallyLimited Entry Fisheries
Section § 8100
A 'limited entry fishery' is a type of fishery where restrictions are placed on either the number of people who can fish or the number of boats allowed to catch specific types of fish. These limitations are set by laws or regulations.
limited entry fishery fishing restrictions participation limits
Section § 8101
If you're a licensed fisherman in California and meet certain criteria, you can join a regulated or limited entry fishery, even if there are specific conditions for that fishery. This applies if you've held a commercial fishing license for at least 20 years and have participated in the relevant fishery for at least one of those years. The commission will decide if your past activity qualifies you based on your catch or other factors.
Once you've qualified for this limited entry fishery, you'll need to meet ongoing conditions set by law or regulation to keep your eligibility.
(a)CA Fish And Game Code § 8101(a) Any licensed fisherman shall be eligible for inclusion during the initial year of a limited entry fishery which is established by statute that becomes operative after January 1, 1982, or by regulation that becomes operative after January 1, 1999, regardless of the prescribed conditions for entry into the fishery, if the fisherman presents to the department satisfactory evidence that he or she has been licensed as a California commercial fisherman for at least 20 years and has participated in the fishery for at least one of those 20
years, with qualifying participation in the fishery to be determined by the commission based on landings or other appropriate criteria.
(b)CA Fish And Game Code § 8101(b) Fishermen who have established eligibility to participate in a limited entry fishery under this section are subject to conditions of continuing eligibility established by statute or regulation if those fishermen desire to maintain their eligibility.
licensed fisherman limited entry fishery commercial fishing license
Section § 8102
This law addresses situations in certain fishing businesses where one partner holds the permit to fish, a common practice in family-run operations. If the permit-holding partner can no longer work, the law allows their partner to apply for a permit to continue fishing. Eligible partners include spouses, children, siblings, or anyone else who has invested in the business but didn't get a permit because they were working with the permit holder. Evidence of working on the boat is required, such as tax documents and trip-related earnings. The law doesn’t cover permits for fishing herring roe.
(a)CA Fish And Game Code § 8102(a) The Legislature finds and declares that, in some limited entry fisheries, two or more partners may be operating with one of the partners holding the permit to participate in the fishery. The Legislature further finds and declares that undocumented, de facto, family partnerships are a longstanding custom in these fisheries. The Legislature further finds and declares that great hardship results when the permittee partner is no longer able to continue working and leaves the other partner without a permit to continue participating in the fishery.
(b)CA Fish And Game Code § 8102(b) In any limited entry
fishery in which permits are allocated to participants in the fishery, and where the death, incapacity, or retirement of a permittee from that fishery would deprive a working partner of the permittee of the ability to continue to derive a livelihood from that fishery, a permit shall be issued, upon application, to one remaining partner.
(c)CA Fish And Game Code § 8102(c) A working partner for the purposes of this section shall be a spouse, child (including an adopted child), or sibling of the permittee, whose investment or equity need not be proven by documentation, or a person who can prove an investment or equity in the vessel or gear used in the fishery, and who would otherwise have been eligible for a permit and did not obtain one because he or she was working with or was a partner with the permittee.
(d)CA Fish And Game Code § 8102(d) The working partner shall also provide substantial evidence of an actual physical working participation
aboard the vessel supported by the submission of documents filed with the Franchise Tax Board and supported by trip settlement sheets or similar documents that demonstrate earnings from that participation. “Trip settlement sheet” means a document prepared after a vessel has completed a fishing trip which displays the costs incurred, revenues received, and profits paid out. Investment or equity alone does not establish that the person is a working partner.
(e)CA Fish And Game Code § 8102(e) Those existing working partners other than the family relationships specified in subdivision (c) may, not later than February 1, 1984, declare and prove the working partnership in a manner satisfactory to the department and request that the department state the fact of the working partnership upon the permit. Thereafter, a nonfamily working partnership shall be declared, proved, and noted upon any limited entry permit at the first issuance of the permit.
(f)CA Fish And Game Code § 8102(f) This article does not apply to permits to take herring for roe in California.
limited entry fishery fishing permit transfer family partnership in fishing
Section § 8103
This law is about transferring fishing permits when a permit holder dies accidentally. It acknowledges the hardships these deaths cause families, especially if family members weren't already involved in fishing. To help, the law allows a permit to be transferred to a family member if the death occurred after January 1, 1986. The application for transfer must be made by January 1, 1987, or within a year of the death, whichever is later. The new permit holder can have someone else fish under their permit for up to two years. 'Accidental death' means the person died from visible injury, certain infections, or accidental drowning.
(a)CA Fish And Game Code § 8103(a) The Legislature finds and declares as follows:
(1)CA Fish And Game Code § 8103(a)(1) The accidental death of a limited entry permittee results in great hardships on the permittee’s family.
(2)CA Fish And Game Code § 8103(a)(2) Under the law as it existed immediately prior to January 1, 1987, if a member of the permittee’s family has not been actively working in the fishery, the limited entry permit could not be transferred to a member of the family, an action which deprives the family of the opportunity to continue to derive a livelihood from the fishery and which
imposes greater hardships.
(3)CA Fish And Game Code § 8103(a)(3) When there is an accidental death of a limited entry permittee, a transition period is necessary to allow a family member to join the fishery and to become acclimated, knowledgeable, and experienced in the fishery.
(b)CA Fish And Game Code § 8103(b) Notwithstanding Section 8102, the department shall transfer a permit for a limited entry fishery, upon application, to a parent, spouse, child, or sibling of a permittee whose death was the result of an accident which occurred after January 1, 1986.
(c)CA Fish And Game Code § 8103(c) Application for the transfer of a permit pursuant to subdivision (b) shall be made on or before January 1, 1987, or not more than one year after the death of the permittee, whichever is later.
(d)CA Fish And Game Code § 8103(d) The director may authorize another person, when requested by
the new permittee, to serve in the place of the new permittee and to engage in fishing activities under the authority of the limited entry permit for not more than two years from the date of the permit transfer.
(e)CA Fish And Game Code § 8103(e) “Accidental death” means death resulting directly and solely from any of the following:
(1)CA Fish And Game Code § 8103(e)(1) An accidental injury visible on the surface of the body or disclosed by an autopsy, sustained solely by external, violent, and accidental means.
(2)CA Fish And Game Code § 8103(e)(2) A disease or infection resulting directly from an accidental injury and beginning within 30 days after the date of the injury.
(3)CA Fish And Game Code § 8103(e)(3) An accidental drowning.
fishing permits permit transfer accidental death
