Seizure - Nets - Fish And Game Code - CA

Section § 8630

In California, if someone uses a net or trap illegally to catch fish, it's considered a public nuisance. Law enforcement can seize these nets, and they must report this to the department.

The department can then ask a county court to officially forfeit the net. After filing a petition, the court will notify the public about a hearing. If it's proven that the net was used illegally, the court will order it forfeited.

Once forfeited, the department will sell or destroy the net, and any money made from sales will go into the Fish and Game Preservation Fund.

Any net or trap used for taking fish in violation of the provisions of this code is a public nuisance. It is the duty of every person authorized to make an arrest for such a violation to seize and keep the net and report the seizure to the department.

The department may commence proceedings in the superior court of the county or city and county in which the seizure is made by petitioning the court for a judgment forfeiting the net. Upon the filing of the petition, the clerk of the court shall fix a time for a hearing and cause notices to be posted for 14 days in at least three public places in the place where the court is held, setting forth the substance of the petition and the time and place fixed for its hearing. At that time, the court shall hear and determine the proceeding and, upon proof that the net was used in violation of this code shall order it forfeited. Any net so forfeited shall be sold or destroyed by the department. The proceeds from all those sales shall be paid into the Fish and Game Preservation Fund.

illegal fishing gear seizure of nets public nuisance fishing ...

Section § 8631

This law allows law enforcement officers, instead of taking physical possession, to attach a special tag to any net used illegally for fishing. This tag, provided by the department, indicates the net is seized as a public nuisance.

It is illegal, and considered a misdemeanor, for anyone other than authorized personnel to remove this tag or to use the net unless they've received proper authorization from the department or a court.

In lieu of a physical seizure pursuant to this article, any person authorized to make an arrest for a violation of any provision of this code, may attach to any net used for taking fish in violation of this code a tag of metal or other material, which shall be adopted by the department for this purpose and furnished to such person. The tag shall be impressed or printed with language stating that the net to which it is attached is thereby seized by the department as a public nuisance. The act of attaching such tag shall be a seizure within the meaning of this section.

Removal of a tag attached to any net pursuant to this section by any person other than a person authorized by the department, or the use of any such net by any person for fishing purposes, unless authorized by the department or by the superior court, is a misdemeanor.

illegal fishing nets net seizure public nuisance ...

Section § 8632

This law says that when a fishing net is seized and the boat carrying it arrives in port, the Department can take the net off the boat within three days if the boat's owner doesn't provide a bond as described in the next section. The notice needs to be delivered to the nearest department office to the port where the boat arrived.

Within three days after the department has been notified in writing that a vessel carrying a seized net has arrived in port, the department may remove the net from the vessel, unless the owner has furnished a bond in accordance with Section 8633. The notice shall be sufficient when delivered to the office of the department nearest to the port at which the vessel has arrived.

seized net removal vessel arrival in port fishing net seizure ...

Section § 8633

If your fishing net is seized by authorities, you can apply to a local court to get it back temporarily while legal proceedings are ongoing. To do this, you need to file a bond worth what the net is valued at by the judge. This bond ensures you will return the net if the court decides it's to be forfeited. You must file this bond within three days of the net being seized. Once the bond is filed, you can use the net until there’s a final court decision on whether it must be surrendered.

When any net is seized pursuant to this article, the owner or any other person otherwise entitled to possession of the net may apply to the superior court of the county or city and county in which the seizure was made, or the county or city and county of which the claimant is a resident, for leave to file a bond and regain possession of the net during the pendency of the proceedings. The bond shall be in an amount determined by the judge to be the actual value of the net at the time of its release. It shall be filed within three days after the seizure of the net, and shall be conditioned upon the return of the net to the custody of the department in the event the net is ordered forfeited. Upon filing the bond, the person on whose behalf it is given shall be put in possession of the net and may use the net until it is finally ordered delivered up and forfeited, if such be the judgment of the court.

fishing net seizure apply to superior court file a bond ...

Section § 8634

If a net is taken by authorities and the owner gets it back by filing a bond, but a court later decides the net must be forfeited, the person in possession must deliver it to the designated storage area as instructed by the department.

When any net is seized pursuant to this article and the owner or any other person otherwise entitled to possession of the net has filed a bond and regained possession of the net, the person in possession of the net, when in the judgment of the court the net is ordered forfeited, shall deliver the net to the department by removing the net from the boat and placing in a warehouse or storage designated by the department.

seized net bond filing possession of net ...

Section § 8635

This law explains what happens to nets or traps that are seized because they are illegal due to size, construction, or design. These items are presumed illegal (contraband) and won't be returned unless they are fixed to be legal. However, if the net or trap was seized because it was being used illegally, this rule doesn't apply.

Additionally, if these nets or traps are needed as evidence in a case, they can be kept for that purpose, regardless of the rules about contraband.

(a) Notwithstanding Section 8633, any net or trap seized pursuant to Section 8630 as illegal because of its size, manner of construction, materials used in its construction, or configuration of its parts is presumed to be contraband and shall not be returned pending forfeiture unless it can be and is modified to eliminate the condition of illegality. This subdivision does not apply to any net or trap seized pursuant to Section 8630 for illegal use.

(b) Notwithstanding subdivision (a), any net or trap seized pursuant to Section 8630 that is needed for evidence may be held for evidence.

illegal fishing nets contraband nets trap seizure ...