ARTICLE 7.5. Landing Fees [8040. - 8070.]

Cal. Fish and Game Code - FGC 7.5.

in effect

Cal. Fish and Game Code - FGC § 8040. 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 7850. (b) “Landing fee” means the fee imposed pursuant to Section 8041.

Cal. Fish and Game Code - FGC § 8041. 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 any person who is licensed before January 1, 1987, as a wholesaler or a processor pursuant to former Section 8040 and who receives fish from commercial fishermen. (2) Any commercial fisherman who sells fish to any person who is not a fish receiver licensed under Article 7 (commencing with Section 8030). (b) The following persons are exempt from the landing fee imposed under this article: (1) A person licensed pursuant to Section 8460 who only takes, transports, or sells live freshwater fish for bait. (2) A commercial fisherman who sells live freshwater fish for bait to a person described in paragraph (1). (3) A commercial fisherman who sells live aquaria fish. (4) A person as described in subdivision (g) of Section 8030 who purchases, sells, takes, or receives live marine fish for use exclusively as live bait that are not brought ashore. (5) A person licensed pursuant to Section 8033.1 who takes, transports, or sells live aquaria fish as described in Section 8597. It is the intent of the Legislature that the license fee for live aquaria fish described in Section 8033.1 shall be in lieu of a landing fee imposed under this article.

Cal. Fish and Game Code - FGC § 8042. 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 commercial fisherman in this state in accordance with the schedule in Section 8051 by the number of pounds, or fraction thereof, delivered. If the fee is imposed based upon weight in the round, and the fish is cleaned, gutted, beheaded, or otherwise not in the round at the time of delivery, the fees shall be adjusted by a conversion factor as determined by the department by regulation.

Cal. Fish and Game Code - FGC § 8043. Section 8043.

(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 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) 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.

Cal. Fish and Game Code - FGC § 8043.1. 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 form and in a manner prescribed by the department. (b) The department may require any information from a person required to be licensed as a marine aquaria receiver it deems necessary to carry out this article. (c) The landing receipt form shall be completed at the time the organisms are received from the commercial fisherman. A person required to be licensed as a marine aquaria receiver who takes his or her own organisms shall complete a marine aquaria landing receipt form at the time the organisms are brought ashore. (d) The copies of the aquaria landing receipts shall be delivered to the department, as provided in Section 8046.

Cal. Fish and Game Code - FGC § 8043.2. 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 8043 to make an electronic fish ticket shall make an electronic fish ticket in either of the following ways: (1) For each individual sale by that fisherman at the time of the sale. (2) For each day that the fisherman is engaged in one or more sales to the ultimate consumers, the fisherman shall maintain an accurate tally sheet of sales, which shall include complete header and signature box information filled out prior to any sales, and the number of pounds by species of fish sold. The total of the daily sales shall be recorded at the completion of sales for that day on an electronic fish ticket. A copy of the completed tally sheet shall be attached to the corresponding electronic fish ticket. The original completed tally sheet shall be attached to the fisherman’s copy of the corresponding electronic fish ticket and maintained for a period of four years. (b) A commercial fisherman licensed pursuant to Section 8033.5 who sells directly to the ultimate consumer, or a commercial fisherman who sells or delivers fish that the fisherman has taken to any person who is not licensed under Article 7 (commencing with Section 8030) to conduct the activities of a fish receiver, shall not be considered a weighmaster for purposes of Chapter 7 (commencing with Section 12700) of Division 5 of the Business and Professions Code. (c) A commercial fisherman selling their own catch to the ultimate customer, upon request by an authorized agent or employee of the department, shall immediately make available all fish in possession of the fisherman for inspection and sampling by the agent or employee. Pursuant to Section 8226, the fisherman shall relinquish the head from any sampled salmon with a missing adipose fin.

Cal. Fish and Game Code - FGC § 8046. Section 8046.

(a) The electronic fish ticket made under Section 8043 shall be submitted to the department within three business days of the landing unless otherwise specified in regulations. The original signed copy of the paper landing receipt made under Section 8043.1 shall be delivered to the department on or before the 16th or last day of the month in which the fish were landed, whichever date occurs first after the landing. A copy of the electronic fish ticket or landing receipt shall be delivered to the commercial fisherman at the time of the purchase or receipt of the fish. That copy of the electronic fish ticket or landing receipt shall be retained by the commercial fisherman for a period of four years and shall be available for inspection at any time during that period by the department. A copy of the electronic fish ticket or landing receipt shall be kept by the person licensed pursuant to Article 7 (commencing with Section 8030), or live bait dealer registered with the department, who filled out the electronic fish ticket or landing receipt for a period of four years and shall be available for inspection at any time within that period by the department. (b) On delivery of sardines, anchovies, mackerel, squid, tuna, or bonito intended to be processed or sold as fresh fish, the person licensed pursuant to Article 7 (commencing with Section 8030) who filled out the electronic fish ticket or landing receipt, upon request of the authorized agent described in subdivision (c), shall notify the authorized agent of the unloading and weighing of the fish and shall permit the authorized agent to be present at all times during the weighing of the fish. (c) A copy of the electronic fish ticket or landing receipt 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. (d) For purposes of this section, “business day” means Monday to Friday, inclusive, excluding days designated as state or federal holidays.

Cal. Fish and Game Code - FGC § 8046.1. 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 Management Act (16 U.S.C. Sec. 1801 et seq.) shall keep a copy of the electronic fish ticket on board the fishing vessel throughout, and for 15 days following, each period for which cumulative landings by individual vessels are limited.

Cal. Fish and Game Code - FGC § 8047. Section 8047.

(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.

Cal. Fish and Game Code - FGC § 8050. Section 8050.

(a) In addition to the receipt required by Section 8043, every person licensed under Article 7 (commencing with Section 8030), and any commercial fisherman who sells fish to persons who are not licensed under Article 7 (commencing with Section 8030), and any person who deals in fresh or frozen fish for profit, shall keep accounting records in which all of the following shall be recorded: (1) The name as designated by the department of each different species of fish sold, distributed, or taken, or if not designated, the commonly used name of each species. (2) The number of pounds sold, distributed, or taken of each different species. (3) The name of the person to whom the fish were sold or distributed. (4) The name, address, and phone number of the seller or distributor. (5) The date of sale. (6) The price paid. (7) The intended use. (b) Accounting record information required by this section that is transmitted from any person identified in subdivision (a) to any business that deals in fish for profit shall be in the English language. (c) The accounting records shall be maintained by both buyer and seller for a period of three years and upon request, shall be open for inspection during normal business hours by the department. The accounting records shall be maintained within the State of California.

Cal. Fish and Game Code - FGC § 8051. Section 8051.

(a) The landing fee imposed pursuant to Section 8041 shall be determined pursuant to Section 8042 by using the fee rates in the following schedule, as adjusted pursuant to subdivision (b): Rate per pound Lobster $ 0.1333 Spot prawn and abalone $ 0.1000 Salmon and swordfish, based only on the weight in the round $ 0.0333 Halibut, sea cucumber, white seabass, sheephead, and Dungeness crab $ 0.0333 Shortspine thornyhead, sablefish, lingcod, and prawns and shrimp (except spot prawn and pink shrimp) $ 0.0133 Angel, thresher, and bonito sharks, based only on the weight in the round $ 0.0097 All fish and invertebrates unless otherwise specified $ 0.0067 Sea urchin, pink shrimp, smelts, soles, turbot, longspine thornyhead, night smelt, and sanddabs $ 0.0047 Bonito, flounder, grenadiers, herring, and skates $ 0.0027 Market squid $ 0.0023 Anchovy, mackerel, sardines, and Pacific whiting $ 0.0010 (b) (1) The fee rates specified in subdivision (a) are applicable to the 2020 calendar year, and shall be adjusted annually thereafter pursuant to this subdivision. (2) The changes in the Implicit Price Deflator for State and Local Government Purchases of Goods and Services, as published by the United States Department of Commerce, shall be used as the index to determine an annual rate of increase or decrease in the fee rates specified in subdivision (a). (3) The department shall determine the change in the Implicit Price Deflator for State and Local Government Purchases of Goods and Services, as published by the United States Department of Commerce, for the quarter ending March 31 of the current year compared to the quarter ending March 31 of the previous year. The relative amount of the change shall be multiplied by the current fee rates. (4) The product of the calculation made pursuant to paragraph (3) shall be added to the applicable fee rate for the current year. The resulting amounts shall be the fee rates for the calendar year beginning on or after January 1 of the next succeeding calendar year. (c) The calculations provided for in this section shall be reported by the department to the Legislature with the Governor’s Budget Bill. (d) The Legislature finds that all revenue generated by fee rates computed under this section, and used for the purposes for which they were imposed, are not subject to Article XIII B of the California Constitution.

Cal. Fish and Game Code - FGC § 8051.4. 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 the Abalone Resources Restoration and Enhancement Program. The department shall maintain internal accounts necessary to ensure that the funds are disbursed for the purposes in this section. The department may use for administration no more of the landing fee collected pursuant to former Section 8051.3 than an amount equal to the regularly approved department indirect overhead rate. Any interest on the revenues from the landing fee collected pursuant to former Section 8051.3 shall be deposited in the fund and used for the purposes in this subdivision. (b) This section shall become operative on January 1, 2012.

Cal. Fish and Game Code - FGC § 8052. 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 the landing fee on herring taken for roe shall be expended for research and management activities to maintain and enhance the herring resources within the waters of this state. (b) Not less than 90 percent of the landing fee on thresher shark or bonito (mako) shark shall be expended for the study required by, and for the costs of administering, Article 16 (commencing with Section 8561) of Chapter 2.

Cal. Fish and Game Code - FGC § 8053. 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 regulations specifying the procedures for collecting landing fees not paid within 30 days after the close of the quarter for which they are due. These procedures may include, but are not limited to, the procedures prescribed for sales and use taxes provided in Chapter 5 (commencing with Section 6451) and Chapter 6 (commencing with Section 6701) of Part 1 of Division 2 of the Revenue and Taxation Code.

Cal. Fish and Game Code - FGC § 8056. 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 the patrol of packing plants, inspection and regulation of the fishing industry, and conservation work for the benefit of the commercial fishing industries.

Cal. Fish and Game Code - FGC § 8057. 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 department shall set forth that fact in the records of the department. The excess amount collected or paid shall be credited on any amounts then due and payable from the person under this part, and the balance shall be refunded to the person, or his or her successors, administrators, or executors.

Cal. Fish and Game Code - FGC § 8058. 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 for credit with the department. No refund or credit shall be approved by the department unless the claim is filed with the department within six months after the close of the calendar year in which the overpayment was made.

Cal. Fish and Game Code - FGC § 8059. 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 claim is founded.

Cal. Fish and Game Code - FGC § 8060. 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 on account of overpayment of a landing fee.

Cal. Fish and Game Code - FGC § 8061. 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 serve notice of its action on the claimant, either personally or by mail. If served by mail, service shall be made pursuant to Section 1013 of the Code of Civil Procedure and shall be addressed to the licensee at his or her address as it appears in the records of the department, but the service shall be deemed complete at the time of the deposit of the notice in the mail without extension of time for any reason.

Cal. Fish and Game Code - FGC § 8062. 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 overpayment. The interest shall be paid to the date the claim for refund or credit is approved by the department.

Cal. Fish and Game Code - FGC § 8063. 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 interest thereon.

Cal. Fish and Game Code - FGC § 8064. 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 state or against any officer of the state to prevent or enjoin the collection under this article of any landing fee.

Cal. Fish and Game Code - FGC § 8065. 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 or erroneously or illegally determined or collected unless a claim for refund or credit has been duly filed pursuant to Sections 8058 and 8059.

Cal. Fish and Game Code - FGC § 8066. 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 may bring an action against the department on the grounds set forth in the claim in a court of competent jurisdiction in any city or city and county of this State in which the Attorney General has an office for the recovery of the whole or any part of the amount with respect to which the claim has been disallowed. Failure to bring action within the time specified constitutes a waiver of any demand against the State on account of alleged overpayments.

Cal. Fish and Game Code - FGC § 8067. 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 after the claim is filed, the claimant may, before the mailing of notice by the department of its action on the claim, consider the claim disallowed and bring an action against the department on the grounds set forth in the claim for the recovery of the whole or any part of the amount claimed as an overpayment.

Cal. Fish and Game Code - FGC § 8068. 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 plaintiff to the state under this article. The balance of the judgment shall be refunded to the plaintiff.

Cal. Fish and Game Code - FGC § 8069. 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 Civil Procedure, upon the amount found to have been illegally collected from the date of payment of the amount to the date of allowance of credit on account of the judgment or to a date preceding the date of the refund warrant by not more than 30 days, the date to be determined by the department.

Cal. Fish and Game Code - FGC § 8070. 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 action is brought by or in the name of an assignee of the person paying the amount or by any person other than the person who paid the amount.

Source: CA Legislative Counsel Bulk DataURL: https://downloads.leginfo.legislature.ca.gov/pubinfo_2025.zipFetched: 6/27/2026