Cal. Fish & Game Code § 8239.1

Commercial Salmon Vessel Permits

Redline — January 1, 2011 → current.View current text →

Current — January 1, 2019

As of January 1, 2011

~~(a)~~ Unless otherwise prohibited, the department shall accept a transfer application within ~~one year~~ after the date that a permitted vessel was lost, stolen, or destroyed, notwithstanding any inability to physically examine the permitted vessel to determine its salmon fishing potential. Only the permittee at the time of the loss, theft, or destruction of the vessel may apply for the transfer of the vessel permit. Proof that a vessel is lost, stolen, or destroyed shall be in the form of a copy of the report filed with the United States Coast Guard or any other law enforcement agency or fire department investigating the loss.

Unless otherwise prohibited, the department shall accept a transfer application within two years after the date that a permitted vessel was lost, stolen, or destroyed, notwithstanding any inability to physically examine the permitted vessel to determine its salmon fishing potential. Only the permittee at the time of the loss, theft, or destruction of the vessel may apply for the transfer of the vessel permit. Proof that a vessel is lost, stolen, or destroyed shall be in the form of a copy of the report filed with the United States Coast Guard or any other law enforcement agency or fire department investigating the loss. The department shall only transfer a permit pursuant to this section if the permit remains valid during the entire period following the loss, theft, or destruction, and while the transfer application is pending. If the permittee does not submit a transfer application within two years after the permitted vessel was lost, stolen, or destroyed, or if the department denies the transfer application later than two years after a permitted vessel was lost, stolen, or destroyed, the permit is null and void.

(b) (1) The owner, or the owner’s agent, may request an extension of the time to complete a transfer under subdivision (a) if the application for extension is submitted before the end of the time to submit an application under subdivision (a), or before the end of any previous extensions granted under this subdivision, whichever date is later.

(2) The department, after consultation with the review board and for good cause shown, including, but not limited to, inability to find a replacement vessel or pending litigation, may grant an extension of the time to complete a transfer under subdivision (a) for a period of six months. The department may grant further extensions under this subdivision, not to exceed a total time period of five years after the date the permitted vessel was lost, stolen, or destroyed if the permit fees are paid annually as required in paragraph (2) of subdivision (b) of Section 8239 and subdivision (c) of Section 8240.

Official source: California Legislative Information. Reproduced from public-domain California statutes; confirm against the official source for the current text. Not legal advice.