§ 8047. — 8047. (Amended by Stats. 2023, Ch. 876, Sec. 11.)

California § 8047.

• Jurisdiction: California
• Code FGC: Fish and Game Code - FGC
• Div. 6.: DIVISION 6. FISH
• Part 3.: PART 3. COMMERCIAL FISHING
• Ch. 1.: CHAPTER 1. Generally
• Art. 7.5.: ARTICLE 7.5. Landing Fees

Text

(a)
(1)
An original printed signed hard copy of the electronic fish ticket as required by Section 8043 or landing receipt as required by Section 8043.1 shall be retained by the licensee for a period of four
years and shall be available for inspection at any time within that period by the department. A copy shall be delivered to an agent authorized in writing by the majority of the persons who participated in the taking of the fish, excluding the commercial fisherman receiving the original copy.
(2)
A person licensed under Section 8033.5 who sells
their fish to a licensed receiver may use a transportation receipt pursuant to subdivision (b) to transport those fish only to that licensed receiver. The receiver shall complete an electronic fish ticket for those fish. Transportation receipts shall be completed at the time the fish are transferred from the fishing vessel.
(b)
(1)
Every commercial fisherman or their designee, who transports, causes to be transported, or delivers to another person for transportation, any fish, except herring, taken from the waters of this state or brought into this state in fresh condition, shall fill out a transportation receipt according to the instructions and on forms provided by the department at the time the fish are brought ashore. Unless otherwise prescribed by regulation, the receipt or transfer of fish shall not occur at sea or from vessel to vessel.
(2)
The original signed copy of the transportation receipt shall be delivered by the commercial fisherman to the department on or before the 16th day or the last day of the month in which the fish were landed, whichever date occurs first after landing. A copy of the transportation receipt shall be retained by the commercial fisherman who filled it out for a period of four years and shall be available for inspection at any time within that period by the department. A copy of the transportation receipt shall be given to and retained by the person transporting the fish until the fish are sold fresh, processed, or otherwise disposed of.
(3)
The transportation receipt is required only for transit purposes.
(4)
A person transporting fish from the point of first landing under a transportation receipt is not required to be licensed to conduct the activities of a fish receiver as described in Section 8033.
(5)
The transportation book receipt shall be issued to an individual fisherman and is not transferable.
(c)
The transportation receipt shall contain all of the following information:
(1)
The name of each species of transported fish, as designated by the department, or if not designated, the commonly used name of the species.
(2)
The date and time of the receipt.
(3)
The accurate weight of the species of fish being transported. 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.
(4)
The name and identification number of the fisherman. The signature of the fisherman authorizing transportation.
(5)
The name of the person transporting the fish.
(6)
The name of the fish business, the fish business identification number, and the corresponding electronic fish ticket or landing receipt number issued by the fish business to the commercial fisherman.
(7)
The department registration number of the vessel and the name of the vessel.
(8)
The department origin block number where the fish were caught.
(9)
The port of first landing.
(10)
Any other information the department may prescribe.
(d)
The numbered transportation receipt forms in each individual transportation receipt book shall be completed sequentially. A voided fish transportation receipt shall have the word “VOID” plainly and noticeably written on the face of the receipt. A voided fish transportation receipt shall be submitted to the department in the same manner as a completed fish transportation receipt is submitted to the department. A commercial fisherman who is no longer conducting business as a licensed fisherman shall forward all unused transportation receipts and transportation receipt books to the department immediately upon terminating their business activity.

Legislative History

Amended by Stats. 2023, Ch. 876, Sec. 11. (SB 500) Effective January 1, 2024.