Commercial Fishing Requirements

Section 8010 requires the department to do four specified acts.

Section 8022 provides that the landing receipts, reports, or other records filed with the department must be confidential, and the records not be public records. The information contained in the records must be compiled or published as summaries, so as not to disclose the individual record or business of any person.

Section 8025 authorizes the commission, upon recommendation of the department, to suspend or revoke the commercial fishing privileges of any fisherman or the license of any person required to be licensed.

Section 8026 allows the commission to require the owner and operator of a commercial fishing vessel, the holder of a commercial fishing license or permit, and the owner and licenseholder of a commercial passenger fishing boat to keep and submit a complete and accurate record of fishing activities in a form prescribed by the department.

Section 8040 provides definitions for the terms “commercial fisherman” and “landing fee.”

Section 8041 designates two persons who have to pay the landing fee. There are also five specified persons who are exempt from the landing fee.

Section 8042 requires the amount of the landing fee to be determined by multiplying the fee rate for the type of fish delivered by a commercial fisherman in this state in accordance with the schedule in law by the number of pounds, or fraction thereof, delivered.

Section 8043 specifies five persons who must report all fish sales, deliveries, transfers, and landings using an electronic fish ticket as prescribed pursuant to regulations adopted by the commission. The electronic fish ticket must show ten specified items of information.

Section 8043.1 provides that a person required to be licensed as a marine aquaria receiver must make a legible, true, and complete record of the landing receipts on a form and in a manner prescribed by the department.

Section 8043.2 explains that a commercial fisherman who sells fish from a vessel directly to the ultimate consumer and who is required to make an electronic fish ticket is required to make an electronic fish ticket in either of two specified ways.

Section 8046 requires the electronic fish ticket to be submitted to the department within three business days of the landing unless otherwise specified in regulations. The original signed copy of the paper landing receipt must be delivered to the department on or before the 16th or last day of the month in which the fish were landed, whichever date occurs first after the landing. 

Section 8046.1 requires any person landing groundfish subject to federal groundfish regulations adopted pursuant to the Magnuson Fishery Conservation and Management Act to keep a copy of the electronic fish ticket on board the fishing vessel throughout, and for 15 days following, each period for which cumulative landings by individual vessels are limited.

Section 8047 states that an original printed signed hard copy of the electronic fish ticket or landing receipt must be retained by the licensee for a period of four years and be available for inspection at any time within that period by the department.

Section 8050 states that every person licensed, and any commercial fisherman who sells fish to persons who are not licensed, and any person who deals in fresh or frozen fish for profit, must keep accounting records in which all of the seven specified items of information must be recorded.

Section 8051 requires the landing fee to be determined by using the fee rates set forth in the schedule set forth in this section.

Section 8051.4 requires the landing fee collected to be deposited in the Fish and Game Preservation Fund and be used only for the Abalone Resources Restoration and Enhancement Program.

Section 8052 requires landing fees to be used only for the administration of laws relating to the commercial fishing industry, with two specified exceptions.

Section 8053 requires landing fees imposed by this article to be paid quarterly to the department within 30 days after the close of each quarter.

Section 8056 requires all moneys collected pursuant to this article to be paid to the department, and be expended for the patrol of packing plants, inspection and regulation of the fishing industry, and conservation work for the benefit of the commercial fishing industries.

Section 8057 provides that, if the department determines that any fee or penalty has been paid more than once or has been erroneously or illegally collected or computed, the department must set forth that fact in the records of the department.

Section 8058 provides that, in the event of overpayment of any of the fees imposed by this article, the feepayer may file a claim for refund or a claim for credit with the department.

Section 8059 requires every claim for refund or credit for overpayment of a landing fee to be in writing and state the specific grounds upon which the claim is founded.

Section 8060 specifies that failure to file a claim for refund or credit within the time prescribed in this article constitutes a waiver of any demand against the state on account of overpayment of a landing fee.

Section 8061 required the department, within 30 days after disallowing any claim for refund or credit for overpayment of a landing fee in whole or in part, to serve notice of its action on the claimant, either personally or by mail.

Section 8062 requires interest be paid upon any overpayment of a landing fee at the rate of one-half of 1 percent per month from the date of overpayment.

Section 8063 provides that, if the department determines that any overpayment of a landing fee has been made intentionally or by reason of carelessness, it cannot allow any interest.

Section 8064 prohibits any injunction or writ of mandate or other legal or equitable process from being issued in any suit, action, or proceeding in any court against this state or against any officer of the state to prevent or enjoin the collection under this article of any landing fee.

Section 8065 prohibits any suit or proceeding from being maintained in any court for the recovery of any amount of landing fee alleged to have been erroneously paid or erroneously or illegally determined or collected unless a claim for refund or credit has been duly filed.

Section 8066 states that, within 90 days after the mailing of the notice of the department’s action upon a claim filed, the claimant may bring an action against the department on the grounds set forth in the claim in a court of competent jurisdiction with respect to which the claim has been disallowed.

Section 8067 states that, if the department fails to mail notice of action on a claim for refund or credit for overpayment of a landing fee within six months after the claim is filed, the claimant may consider the claim disallowed and bring an action against the department on the grounds set forth in the claim for the recovery of the whole or any part of the amount claimed as an overpayment.

Section 8068 provides that, if judgment is rendered for the plaintiff, the amount of the judgment must first be credited on any landing fee due and payable from the plaintiff to the state under this article. The balance of the judgment is to be refunded to the plaintiff.

Section 8069 requires in any judgment for interest to be allowed at the legal rate of interest on unsatisfied judgments upon the amount found to have been illegally collected from the date of payment of the amount to the date of allowance of credit on account of the judgment.

Section 8070 prohibits a judgment from being rendered in favor of the plaintiff in any action brought against the department to recover any amount paid when the action is brought by or in the name of an assignee of the person paying the amount or by any person other than the person who paid the amount.