Cal. Fish & Game Code § 8043
Landing Fees
Redline — January 1, 2011 → current.View current text →
Current — January 1, 2025
As of January 1, 2011
(a) Every commercial fisherman who sells or delivers fish that he or she has taken to any person who is not licensed under Article 7 (commencing with Section 8030), and every person who is required to be licensed under Article 7 (commencing with Section 8030) to conduct the activities of a fish receiver, as described in Section 8033, shall make a legible landing receipt record on a form to be furnished by the department. The landing receipt shall be completed at the time of the receipt, purchase, or transfer of fish, whichever occurs first.
(a) The following persons shall report all fish sales, deliveries, transfers, and landings using an electronic fish ticket as prescribed pursuant to regulations adopted by the commission: (1) A person who is required to be licensed under Article 7 (commencing with Section 8030) to conduct the activities of a fish receiver, as described in Section 8033. (2) A commercial fisher who sells, delivers, or transfers fish to a person who is not a fish receiver licensed under Article 7 (commencing with Section 8030). (3) A commercial fisher who sells, delivers, or transfers live marine fish for use exclusively as live bait that are not brought ashore to a person who is not a fish receiver licensed under Article 7 (commencing with Section 8030). (4) A person licensed under Article 7 (commencing with Section 8030) who brings ashore their own fish as described in Section 8033 or 8033.5. (5) A commercial fisher licensed pursuant to Section 8033.5 who sells fish to persons not licensed to receive fish for commercial purposes pursuant to Article 7 (commencing with Section 8030).
(b) The landing receipt shall show all of the following: (1) The accurate weight of the species of fish received, as designated pursuant to Section 8045. Sablefish may be reported in dressed weight, and if so reported, shall have the round weights computed, for purposes of management quotas, by multiplying 1.6 times the reported dressed weight. (2) The name of the fisherman and the fisherman’s identification number. (3) The department registration number of the boat. (4) The recipient’s name and identification number, if applicable. (5) The date of receipt. (6) The price paid. (7) The department origin block number where the fish were caught. (8) The type of gear used. (9) Any other information the department may prescribe.
(b) The electronic fish ticket shall show all of the following: (1) The name of the species of landed fish as designated by the department, or if not designated, the commonly used name of the species. (2) (A) The accurate weight of the species of fish received. Sablefish may be reported in dressed weight, and if so reported, shall have the round weights computed, for purposes of management quotas, by multiplying 1.6 times the reported dressed weight. (B) For purposes of this paragraph, “accurate weight” means a weight that is determined by a scale that conforms to the standard within the applicable tolerances and other performance requirements as required by the California Code of Regulations or the Business and Professions Code, but for marine fish used as live bait that are not brought ashore, the department may adopt rules and regulations necessary to establish other methods to determine accurate weight. (3) The commercial fisher’s name and the commercial fishing license identification number. (4) The department registration number of the boat. (5) The name of the recipient of the fish, and that person’s identification number, if applicable. (6) The date of receipt. (7) The price paid for the fish, except for live marine fish for use exclusively as live bait that are not brought ashore. (8) The department origin block number where the fish were caught. (9) The type of gear used. (10) Any other information the department may require.
(c) The numbered landing receipt forms in each individual landing receipt book shall be completed sequentially. A voided fish landing receipt shall have the word “VOID” plainly and noticeably written on the face of the receipt. A voided fish landing receipt shall be submitted to the department in the same manner as a completed fish landing receipt is submitted to the department. A fish receiver who is no longer conducting business as a licensed receiver shall forward all unused landing receipts and landing receipt books to the department immediately upon terminating his or her business activity.
(c) A person identified in paragraph (1), (2), or (3) of subdivision (a) shall complete the electronic fish ticket as prescribed by regulation at the time of receipt, purchase, or transfer of fish, whichever occurs first. A person identified in paragraph (4) of subdivision (a) shall complete the electronic fish ticket as prescribed by regulation at the time the fish are brought ashore. A person identified in paragraph (5) of subdivision (a) shall complete the electronic fish ticket either at the time of individual sale or at the completion of sales for the calendar day of sales pursuant to Section 8043.2.
(d) With the exception of live marine fish for use exclusively as bait that is not subsequently brought ashore or as otherwise prescribed by regulation, the receipt, purchase, or transfer of fish shall not occur at sea or from vessel to vessel.
(e) A person taking, purchasing, or receiving fish, whether or not licensed under Article 7 (commencing with Section 8030), shall sign the original paper hard copy of the electronic fish ticket as prescribed by regulation.
Official source: California Legislative Information. Reproduced from public-domain California statutes; confirm against the official source for the current text. Not legal advice.