Cal. Fish & Game Code § 8041
Landing Fees
Redline — January 1, 2011 → current.View current text →
Current — January 1, 2023
As of January 1, 2011
(a) The following persons shall pay the landing tax determined pursuant to Section 8042: (1) Any person who is required to be licensed as a fish receiver, and any person who is licensed before January 1, 1987, as a wholesaler or a processor pursuant to former Section 8040 and who receives fish from commercial fishermen. (2) Any commercial fisherman who sells fish to any person who is not a licensed fish receiver.
(a) The following persons shall pay the landing fee determined pursuant to Section 8042: (1) Any person who is required to be licensed as a fish receiver, and any person who is licensed before January 1, 1987, as a wholesaler or a processor pursuant to former Section 8040 and who receives fish from commercial fishermen. (2) Any commercial fisherman who sells fish to any person who is not a fish receiver licensed under Article 7 (commencing with Section 8030).
(b) Notwithstanding subdivision (a), a person licensed pursuant to Section 8460 who only takes, transports, or sells live freshwater fish for bait or a commercial fisherman who sells live freshwater fish for bait to such a licensed person, and a person licensed pursuant to Section 8033.1 who takes, transports, or sells live aquaria fish as described in Section 8597 or a commercial fisherman who sells live aquaria fish, are exempt from the landing tax imposed under this article. It is the intent of the Legislature that the license fee for live aquaria fish described in Section 8033.1 shall be in lieu of a landing tax.
(b) The following persons are exempt from the landing fee imposed under this article: (1) A person licensed pursuant to Section 8460 who only takes, transports, or sells live freshwater fish for bait. (2) A commercial fisherman who sells live freshwater fish for bait to a person described in paragraph (1). (3) A commercial fisherman who sells live aquaria fish. (4) A person as described in subdivision (g) of Section 8030 who purchases, sells, takes, or receives live marine fish for use exclusively as live bait that are not brought ashore. (5) A person licensed pursuant to Section 8033.1 who takes, transports, or sells live aquaria fish as described in Section 8597. It is the intent of the Legislature that the license fee for live aquaria fish described in Section 8033.1 shall be in lieu of a landing fee imposed under this article.
(c) Notwithstanding subdivision (a), a person who purchases, sells, takes, or receives live marine fish for use as live bait as described in subdivision (g) of Section 8030 is exempt from the landing tax imposed under this article.
Official source: California Legislative Information. Reproduced from public-domain California statutes; confirm against the official source for the current text. Not legal advice.