California Fish and Game Code ARTICLE 7.5 - Landing Fees

• Section 8040.
  The following definitions govern the construction of this article.(a) “Commercial fisherman” means a person who has a valid, unrevoked commercial fishing license issued pursuant to Section...
• Section 8041.
  (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...
• Section 8042.
  The amount of the landing fee under this article shall be determined by multiplying the fee rate for the type of fish delivered by a...
• Section 8043.
  (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...
• Section 8043.1.
  (a) A person required to be licensed as a marine aquaria receiver shall make a legible, true, and complete record of the landing receipts on a...
• Section 8043.2.
  (a) A commercial fisherman licensed pursuant to Section 8033.5 who sells fish from a vessel directly to the ultimate consumer and who is required pursuant to...
• Section 8045.
  The names used in the landing receipt and transportation receipt made under Sections 8043 and 8047 for designating the species of fish dealt with shall...
• Section 8046.
  (a) The original signed copy of the landing receipt made under Section 8043 or 8043.1 shall be delivered to the department on or before the 16th...
• Section 8046.1.
  In addition to the requirements of Section 8046, any person landing groundfish subject to federal groundfish regulations adopted pursuant to the Magnuson Fishery Conservation and...
• Section 8047.
  (a) (1) A person licensed under Article 7 (commencing with Section 8030) who takes his or her own fish shall make a legible record in the form...
• Section 8050.
  (a) In addition to the receipt required in Section 8043, every person licensed under Article 7 (commencing with Section 8030), and any commercial fisherman who sells...
• Section 8051.
  The landing fee imposed pursuant to Section 8041 shall be determined pursuant to Section 8042 by using the fee rates in the following schedule:Rate perpound Lobster$  0.1333Spot...
• Section 8051.4.
  (a) The landing fee collected pursuant to former Section 8051.3 shall be deposited in the Fish and Game Preservation Fund and shall be used only for...
• Section 8052.
  Landing fees shall be used only for the administration of laws relating to the commercial fishing industry, except as follows:(a) Not less than 90 percent of...
• Section 8053.
  (a) Landing fees imposed by this article shall be paid quarterly to the department within 30 days after the close of each quarter.(b) The department may adopt...
• Section 8056.
  Except as otherwise provided in this article, all moneys collected pursuant to this article shall be paid to the department, and shall be expended for...
• Section 8057.
  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...
• Section 8058.
  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...
• Section 8059.
  Every claim for refund or credit for overpayment of a landing fee shall be in writing and shall state the specific grounds upon which the...
• Section 8060.
  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...
• Section 8061.
  Within 30 days after disallowing any claim for refund or credit for overpayment of a landing fee in whole or in part, the department shall...
• Section 8062.
  Interest shall be paid upon any overpayment of a landing fee at the rate of one-half of 1 percent per month from the date of...
• Section 8063.
  If the department determines that any overpayment of a landing fee has been made intentionally or by reason of carelessness, it shall not allow any...
• Section 8064.
  No injunction or writ of mandate or other legal or equitable process shall issue in any suit, action, or proceeding in any court against this...
• Section 8065.
  No suit or proceeding shall be maintained in any court for the recovery of any amount of landing fee alleged to have been erroneously paid...
• Section 8066.
  Within 90 days after the mailing of the notice of the department’s action upon a claim filed pursuant to Sections 8058 and 8059, the claimant...
• Section 8067.
  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...
• Section 8068.
  If judgment is rendered for the plaintiff, the amount of the judgment shall first be credited on any landing fee due and payable from the...
• Section 8069.
  In any judgment, interest shall be allowed at the legal rate of interest on unsatisfied judgments, as provided in Section 685.010 of the Code of...
• Section 8070.
  A judgment shall not be rendered in favor of the plaintiff in any action brought against the department to recover any amount paid when the...

Last modified: October 22, 2018