California Fish and Game Code ARTICLE 4.5 - Commercial Salmon Vessel Permits

• Section 8230.
  (a) The Legislature finds and declares that commercial salmon fishing is in the public interest and that the preservation of commercial salmon fishing directly affects the...
• Section 8231.
  The following definitions govern the construction of this article:(a) “Agent” means the person designated in writing by the owner as the owner’s representative.(b) “Appeal” means a request...
• Section 8232.
  It is unlawful to take or possess salmon for commercial purposes on a vessel unless all of the following conditions are met:(a) The vessel is registered...
• Section 8232.5.
  (a) Except as provided in this section, it is unlawful to take salmon for sport purposes on a permitted vessel.(b) Subdivision (a) does not prohibit taking salmon...
• Section 8233.
  Except as otherwise provided in this article, a permit shall be renewed prior to expiration. Each permit issued by the department shall display the expiration...
• Section 8233.3.
  Except as otherwise provided in this article, the department shall issue a permit, upon application and payment of the renewal fees pursuant to Section 8235,...
• Section 8233.4.
  Except as otherwise provided in this article, the department shall issue a permit, upon payment of the transfer fees pursuant to subdivision (a) of Section...
• Section 8233.5.
  Except as otherwise provided in this article, the department shall change the designation of the holder of a permit, and with it shall go all...
• Section 8233.8.
  Except as otherwise provided in this article, the department shall issue a permit to the owner of a commercial salmon fishing vessel that is registered...
• Section 8233.9.
  Section 8101 does not apply to this article.(Added by Stats. 1988, Ch. 1164, Sec. 2.)
• Section 8234.
  (a) The department shall not issue a permit under this article unless one of the following first occurs:(1) The applicant presents to the department a commercial fishing...
• Section 8235.
  (a) The owner of a permitted vessel, or that owner’s agent, may apply for renewal of the permit annually on or before April 30, upon payment...
• Section 8236.
  (a) The department shall send a written notice of renewal and a permit renewal application to the owner of each currently permitted vessel at the most...
• Section 8237.
  (a) The department shall change the designation of the holder of a permit to the new owner of a permitted vessel upon change of ownership of...
• Section 8238.
  On or before January 1, 1991, the department, in consultation with the review board, shall establish and adopt, in the manner prescribed in Section 8238.3,...
• Section 8238.1.
  The vessel classification system shall be used by the department in consultation with the review board for issuance of new original vessel permits pursuant to...
• Section 8239.
  A transfer may be approved and a permit issued for use of a replacement vessel pursuant to Section 8241 under all of the following conditions:(a) The...
• Section 8239.1.
  (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,...
• Section 8239.2.
  The department, in cooperation with the review board, shall establish and implement administrative procedures for the administration of this article.(Added by Stats. 1988, Ch. 1164,...
• Section 8239.6.
  A permit issued for the use of a replacement vessel under Section 8241 is valid for the balance of the permit year for which the...
• Section 8239.9.
  Notwithstanding Section 8239, 8239.1, or 8239.2, any person may request the review board to determine the fishing potential of any permitted vessel or any replacement...
• Section 8240.
  (a) The department shall not issue a permit for use of a replacement vessel if the permitted vessel was reported as lost, stolen, or destroyed by...
• Section 8241.
  The department shall issue the permit for use of a replacement vessel if it determines, after consultation with the review board, the following:(a) The replacement vessel...
• Section 8242.
  A person seeking to gain entry into the commercial salmon fishery may obtain a permit under either of the following conditions:(a) By legally obtaining the ownership...
• Section 8243.
  (a) If the department determines that the number of permitted vessels is less than 2,500, the department shall determine, after consultation with the review board, the...
• Section 8244.
  (a) An applicant may apply for a new, original permit as an individual, a joint venture, or a corporation. The applicant may submit only one application...
• Section 8245.
  (a) The department shall conduct a drawing from the applicants determined to be eligible for new, original permits pursuant to Section 8244 on the first Friday...
• Section 8245.5.
  The review board shall review the effectiveness of new entry provisions every three years beginning three years following the first permit drawing and make recommendations...
• Section 8246.
  (a) At any time after notice of an order suspending or revoking of a person’s commercial salmon fishing privilege is issued by the commission, and before...
• Section 8246.2.
  (a) The commission, in consultation with the department and the review board, shall adopt regulations for the determination of civil damages provided for in subdivision (b)...
• Section 8246.4.
  The commission, after notice and opportunity for hearing and consultation with the review board, shall revoke a commercial salmon vessel permit issued pursuant to this...
• Section 8246.6.
  A person whose commercial salmon fishing vessel permit is revoked by the commission or who has been denied a permit transfer may appeal the revocation...
• Section 8246.7.
  (a) The commission shall reverse an order of revocation, order the permit renewed, or order the approval of a permit transfer only if it finds one...
• Section 8246.8.
  The commission and the department may make and enforce regulations that may be necessary or convenient for carrying out any power, authority, or jurisdiction delegated...
• Section 8247.
  There is in the department a commercial salmon fishing review board, which consists of five voting members appointed by the director. The director or a...
• Section 8247.1.
  (a) Three of the voting members of the review board shall be owners of permitted vessels appointed by the director from lists submitted by associations or...
• Section 8247.2.
  The terms of the members of the review board shall be for staggered four year terms. Necessary and proper expenses shall be paid to review...
• Section 8247.3.
  Each member appointed to the review board under this article as it read prior to its reenactment in the 1988 portion of the 1987–88 Regular...
• Section 8247.4.
  The review board shall function as an advisory body to the department regarding implementation of the provisions of this article. The review board shall act...
• Section 8247.5.
  (a) The Legislature declares that individuals appointed as members of the review board shall be chosen from the commercial salmon fishing industry in order to represent...
• Section 8247.6.
  Members and alternate members of the review board shall act in the best interest of the state, the department, and the commercial salmon fishing industry....
• Section 8247.7.
  The director may adopt standards and criteria by regulation that shall be applied by the review board in carrying out its activities under this article.(Added...
• Section 8247.8.
  The review board shall do all of the following:(a) Consider and make recommendations to the department on requests for permit transfers.(b) Recommend to the department, the number...
• Section 8248.
  If any provision of this article or the application thereof to any person or circumstances is held invalid, that invalidity shall not affect other provisions...

Last modified: October 22, 2018