SECTIONS 8100-8104 - California Statutes

FISH AND GAME CODE

SECTION 8100-8104

8100. "Limited entry fishery" means a fishery in which the number
of persons who may participate or the number of vessels that may be
used in taking a specified species of fish is limited by statute or
regulation.

8101. (a) Any licensed fisherman shall be eligible for inclusion
during the initial year of a limited entry fishery which is
established by statute that becomes operative after January 1, 1982,
or by regulation that becomes operative after January 1, 1999,
regardless of the prescribed conditions for entry into the fishery,
if the fisherman presents to the department satisfactory evidence
that he or she has been licensed as a California commercial fisherman
for at least 20 years and has participated in the fishery for at
least one of those 20 years, with qualifying participation in the
fishery to be determined by the commission based on landings or other
appropriate criteria.
(b) Fishermen who have established eligibility to participate in a
limited entry fishery under this section are subject to conditions
of continuing eligibility established by statute or regulation if
those fishermen desire to maintain their eligibility.

8102. (a) The Legislature finds and declares that, in some limited
entry fisheries, two or more partners may be operating with one of
the partners holding the permit to participate in the fishery. The
Legislature further finds and declares that undocumented, de facto,
family partnerships are a longstanding custom in these fisheries. The
Legislature further finds and declares that great hardship results
when the permittee partner is no longer able to continue working and
leaves the other partner without a permit to continue participating
in the fishery.
(b) In any limited entry fishery in which permits are allocated to
participants in the fishery, and where the death, incapacity, or
retirement of a permittee from that fishery would deprive a working
partner of the permittee of the ability to continue to derive a
livelihood from that fishery, a permit shall be issued, upon
application, to one remaining partner.
(c) A working partner for the purposes of this section shall be a
spouse, child (including an adopted child), or sibling of the
permittee, whose investment or equity need not be proven by
documentation, or a person who can prove an investment or equity in
the vessel or gear used in the fishery, and who would otherwise have
been eligible for a permit and did not obtain one because he or she
was working with or was a partner with the permittee.
(d) The working partner shall also provide substantial evidence of
an actual physical working participation aboard the vessel supported
by the submission of documents filed with the Franchise Tax Board
and supported by trip settlement sheets or similar documents that
demonstrate earnings from that participation. "Trip settlement sheet"
means a document prepared after a vessel has completed a fishing
trip which displays the costs incurred, revenues received, and
profits paid out. Investment or equity alone does not establish that
the person is a working partner.
(e) Those existing working partners other than the family
relationships specified in subdivision (c) may, not later than
February 1, 1984, declare and prove the working partnership in a
manner satisfactory to the department and request that the department
state the fact of the working partnership upon the permit.
Thereafter, a nonfamily working partnership shall be declared,
proved, and noted upon any limited entry permit at the first issuance
of the permit.
(f) This article does not apply to permits to take herring for roe
in California.

8103. (a) The Legislature finds and declares as follows:
(1) The accidental death of a limited entry permittee results in
great hardships on the permittee's family.
(2) Under the law as it existed immediately prior to January 1,
1987, if a member of the permittee's family has not been actively
working in the fishery, the limited entry permit could not be
transferred to a member of the family, an action which deprives the
family of the opportunity to continue to derive a livelihood from the
fishery and which imposes greater hardships.
(3) When there is an accidental death of a limited entry
permittee, a transition period is necessary to allow a family member
to join the fishery and to become acclimated, knowledgeable, and
experienced in the fishery.
(b) Notwithstanding Section 8102, the department shall transfer a
permit for a limited entry fishery, upon application, to a parent,
spouse, child, or sibling of a permittee whose death was the result
of an accident which occurred after January 1, 1986.
(c) Application for the transfer of a permit pursuant to
subdivision (b) shall be made on or before January 1, 1987, or not
more than one year after the death of the permittee, whichever is
later.
(d) The director may authorize another person, when requested by
the new permittee, to serve in the place of the new permittee and to
engage in fishing activities under the authority of the limited entry
permit for not more than two years from the date of the permit
transfer.
(e) "Accidental death" means death resulting directly and solely
from any of the following:
(1) An accidental injury visible on the surface of the body or
disclosed by an autopsy, sustained solely by external, violent, and
accidental means.
(2) A disease or infection resulting directly from an accidental
injury and beginning within 30 days after the date of the injury.
(3) An accidental drowning.

8104. Upon the death of a limited entry permittee, the permit shall
vest in the permittee's estate or in the surviving community estate
and may be transferred by the executor, administrator, personal
representative, or surviving spouse to a qualified pointholder
pursuant to Section 8552.2 or to a partner qualified pursuant to
Section 8552.6. This transfer shall be initiated by notice to the
department, in writing, sent by certified mail, within one year of
the date of death. If no transfer is initiated within one year of the
date of death, the permit shall revert to the department for
disposition pursuant to Section 8552.4 and shall be thereafter
treated as a herring permit that has not been renewed. The department
may, upon written application, grant an extension of time up to one
additional year for the transfer to be initiated.