Commercial Fishing

Section 7700 defines the terms “reduction plant,” “packer,” “fish offal,” and “stamp.”

Section 7701 authorizes the commission to 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 allows the department to 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.

Section 7702.1 states that no sardines, anchovies, mackerel, or squid intended for or used in any cannery are to be unloaded from any vessel except at a weighing or measuring device approved by the Bureau of Weights and Measures.

Section 7703 allows the commission to establish grades for different varieties of fish or fishery products, which grades are 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.

Section 7704 makes it 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. It is unlawful to use a fish, except fish offal, in a reduction plant or by a reduction process.

Section 7705 states that 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, are to 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 provides that a written complaint may be made to the commission against any person who violates specified laws 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.

Section 7707 provides that any reduction plant in which any fish or any part thereof is used in violation of the law is a nuisance. Whenever the existence of the 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.

Section 7708 allows the commission to make and enforce regulations as may be necessary or convenient for carrying out any power, authority, or jurisdiction conferred under this article.

Section 7709 allows the commission to establish rules and regulations for the commercial taking of fish for educational and scientific purposes.

Section 7710 provides that, 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.

Section 7710.1 provides that a closure or restriction or the removal of a closure or restriction may be appealed to the commission. The commission hears and decides 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 provides that, if 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.

Section 7711 requires a person, upon request by an authorized agent or employee of the department, to 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.

Section 7712 provides that, 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 is the policy of the department and the commission 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.