SECTIONS 8405-8405.4 - California Statutes

FISH AND GAME CODE

SECTION 8405-8405.4

8405. (a) Sea cucumbers shall not be taken, possessed aboard a
boat, or landed by a person for commercial purposes except under a
valid sea cucumber permit issued to that person, which has not been
suspended or revoked.
(b) When taking sea cucumbers by diving, every diver shall have a
sea cucumber diving permit issued to that person, which has not been
suspended or revoked. When taken by means other than diving, at least
one person aboard the boat shall have a valid sea cucumber trawl
permit issued to that person, which has not been suspended or
revoked.

8405.1.
(a) Applicants for a sea cucumber permit shall specify by gear
type, either trawl or dive, the method in which the applicant intends
to take sea cucumbers. The gear type of a sea cucumber permit,
either trawl or dive, shall not be transferable.
(b) The fee for a sea cucumber permit shall be two hundred fifty
dollars ($250).
(c) Each permittee shall complete and submit an accurate record of
all sea cucumber fishing activities on forms provided by the
department.
(d) In order to renew a sea cucumber permit for any permit year,
an applicant shall have been issued a sea cucumber permit in the
immediately preceding permit year. Applications for renewal of a sea
cucumber permit shall be received by the department or, if mailed,
postmarked, by April 30 of the permit year.

8405.2. (a) A sea cucumber permit may be transferred by the
permittee if the permittee has previously held a valid sea cucumber
permit for any four permit years and landed at least 100 pounds of
sea cucumbers in each of those permit years, as documented by landing
receipts with the name of the permittee shown on the receipts.
(b) A sea cucumber permit may be transferred only to a person who
has a valid commercial fishing license issued pursuant to Section
7852, that has not been suspended or revoked. A sea cucumber permit
shall not be transferred to any person who has had a sea cucumber
permit suspended or revoked while the suspension or revocation is in
effect.
(c) An application for transfer shall be submitted to the
department, with such reasonable proof as the department may require
to establish the qualifications of the permitholder and the person
the permit is to be transferred to, accompanied by payment to the
department of a nonrefundable transfer fee of two hundred dollars
($200). The transfer shall take effect on the date notice of approval
of the application is given to the transferee by the department.
(d) A sea cucumber trawl permit may be transferred to any
qualified person as provided in subdivisions (b) and (c) to take sea
cucumbers by diving or by use of trawl nets. A sea cucumber dive
permit may be transferred to any qualified person as provided in
subdivisions (b) and (c) only to take sea cucumbers by diving. The
transferee shall specify the gear type, either trawl or dive, that
the transferee intends to use to take sea cucumbers. The gear type of
the sea cucumber permit, either trawl or dive, shall not be
transferable.

8405.3. (a) The commission, upon recommendation of the department
or upon its own motion and in consultation with the sea cucumber
fishing industry, may adopt regulations, including provisions
governing seasons, gear restrictions, hours of operation, and any
other measures that it determines may reasonably be necessary to
protect the sea cucumber resource and to assure a sustainable sea
cucumber fishery or to enhance enforcement activities.
(b) The number of sea cucumber permits issued for the April 1,
1997, to March 31, 1998, inclusive, permit year shall constitute the
maximum number of permits available for all subsequent permit years
for the sea cucumber fishery. The department may establish by
regulation a method, if necessary, to reissue any sea cucumber permit
not renewed or transferred. The permit type of a sea cucumber
permit, either trawl or dive, that is reissued shall not be
transferable.
(c) The commission may permanently revoke the sea cucumber permit
of any person convicted of the unlawful taking of any California
halibut while operating pursuant to a sea cucumber permit. The
commission may revoke the sea cucumber permit of any person convicted
of any other violation of this code or regulation adopted pursuant
thereto while operating pursuant to a sea cucumber permit. Any
revocation of a permit pursuant to this subdivision shall be in
addition to any action the department may take pursuant to Section
12000.
(d) Subsequent to the 1997-98 permit year, the department, using
existing funds, may determine the actual costs to the department of
enforcing this article. The commission, upon recommendation of the
department, may adjust the fee for the issuance or transfer of a
permit to an amount not to exceed three hundred fifty dollars ($350),
to reflect the actual cost of enforcing this article.

8405.4. This article shall become inoperative on April 1, 2015, and
as of January 1, 2016, is repealed, unless a later enacted statute
that is enacted before January 1, 2016, deletes or extends the dates
on which it becomes inoperative and is repealed.