7700-7715

FISH AND GAME CODE
SECTION 7700-7715




7700.  As used in this chapter:
   (a) "Reduction plant" means any plant used in the reduction or
conversion of fish into fish flour, fishmeal, fish scrap, fertilizer,
fish oil, or other fishery products or byproducts.
   (b) "Packer" means any person canning fish or preserving fish by
the common methods of drying, salting, pickling, smoking, cold
packing, or vacuum packing.
   (c) "Fish offal" means the heads, viscera, and other parts of fish
taken off in preparing for canning, preserving, packing, and
preparing for consumption in a fresh state.
   (d) "Stamp," except where otherwise specified, includes an
electronic validation of privileges issued to the licensee.



7701.  The commission may regulate and control fishing boats,
barges, lighters or tenders, receptacles or vehicles containing fish,
commercial fishermen, packers, reduction plants, plants where fish
products are manufactured, and dealers in fish, or fishery products,
insofar as necessary to insure the taking and delivery of fish and
fishery products in a wholesome and sanitary condition to canning,
packing or preserving plants, or to any plant where fishery products
are manufactured, or to any fresh fish dealer, and to prevent
deterioration and waste of fish.



7702.  The department may enter and examine any canning, packing,
preserving, or reduction plant, or place of business where fish or
other fishery products are packed, preserved, manufactured, bought or
sold, or board any fishing boat, barge, lighter, tender, or vehicle
or receptacle containing fish, and ascertain the amount of fish
received, or kind and amount of fishery products packed or
manufactured and the number and size of containers or cans for
fishery products purchased, received, used, or on hand and may
examine any books and records containing any account of fish caught,
bought, canned, packed, stored or sold.



7702.1.  No sardines, anchovies, mackerel, or squid intended for or
used in any cannery shall be unloaded from any vessel except at a
weighing or measuring device approved by the Bureau of Weights and
Measures. Such products shall be weighed by a public weighmaster
licensed as an individual under the laws of this state and a receipt
as to such weight shall be immediately issued by the weighmaster to
the fisherman at the time of receipt of such products. Copies of such
receipt shall be handled in the manner provided in Sections 8043 to
8047, inclusive.


7703.  The commission may establish grades for different varieties
of fish or fishery products, which grades shall be conformed to by
persons who take or use sardines for bait or who deliver fish or
other fishery products to packers or to fresh fish dealers. Every
packer of fish, fish dealer, or manufacturer of fish products shall
conform to the grades established by the commission.



7704.  (a) It is unlawful to cause or permit any deterioration or
waste of any fish taken in the waters of this state, or brought into
this state, or to take, receive or agree to receive more fish than
can be used without deterioration, waste, or spoilage.
   (b) Except as permitted by this code, it is unlawful to use any
fish, or part thereof, except fish offal, in a reduction plant or by
a reduction process.
   (c) Except as permitted by this code or by regulation of the
commission, it is unlawful to sell, purchase, deliver for commercial
purposes, or possess on any commercial fishing vessel registered
pursuant to Section 7881 any shark fin or shark tail or portion
thereof that has been removed from the carcass. However, thresher
shark tails and fins that have been removed from the carcass and
whose original shape remain unaltered may be possessed on a
registered commercial fishing vessel if the corresponding carcass is
in possession for each tail and fin.



7705.  All chutes or conveyors used to convey fish or fish offal to
any receptacle, and all receptacles containing fish or fish offal to
be used for reduction purposes, shall be so constructed and
maintained that the fish or fish offal thereon or therein is at all
times open to view and inspection.



7706.  A written complaint may be made to the commission against any
person who violates Section 7700 to 7705, inclusive, 7707, 7708,
8075 to 8080, inclusive, or 8153, or any regulation adopted
thereunder, by any person having information or knowledge of the
violation. If the person charged is found guilty of the offense
charged, the commission may suspend, for a period not to exceed 90
days, any license issued by any state board or officer to that person
to take, buy, sell, can, or preserve fish or fishery products. No
other license shall be issued to that person during the period of
suspension. The proceedings shall be conducted at one of the
commission's regularly scheduled meetings.



7707.  Any reduction plant in which any fish or any part thereof is
used in violation of the provisions of Section 7700 to 7706,
inclusive, 7708, 8151, 8153 to 8157, inclusive, and 8075 to 8080,
inclusive, of this code, or in violation of any regulation of the
commission, is a nuisance. Whenever the existence of such nuisance is
shown to the satisfaction of the superior court of the county in
which the reduction plant is situated, by complaint filed in the name
of the people of the State of California, the court may issue a
temporary injunction to abate and prevent the continuance or
recurrence of such nuisance. If the existence of a nuisance is
established in such action, an order of abatement shall be entered as
part of the judgment in the case, which order shall direct the
closing, for 12 months, of the building or place where such nuisance
was maintained, and, during such time, the building or place shall be
and remain in the custody of the court.



7708.  The commission may make and enforce such regulations as may
be necessary or convenient for carrying out any power, authority, or
jurisdiction conferred under this article.



7709.  The commission may establish rules and regulations for the
commercial taking of fish for educational and scientific purposes.



7710.  (a) If the director determines, based on the best available
scientific information, or other relevant information that the
director possesses or receives, and on at least one public hearing in
the area of the fishery, that taking in a fishery is being conducted
in a manner that is not sustainable, the director may order the
closure of any waters or otherwise restrict the taking under a
fishing license in state waters of that species. Any closure or
restriction order shall be adopted by emergency regulation in
accordance with Chapter 3.5 (commencing with Section 11340) of
Division 3 of Title 2 of the Government Code.
   (b) The director shall bring to the attention of the commission
within seven working days any regulations adopted pursuant to this
section. Any regulations shall be effective for only 30 days unless
the commission extends the closure or restriction under any authority
it may have, or unless the director orders another closure or
restriction, consistent with the requirements of subdivision (a).
   (c) The department shall give notice of any hearing to be held
pursuant to this section to the commission and its marine resources
committee as far in advance of the hearing date as possible.
   Nothing in this section or Section 7710.5 restricts any existing
jurisdiction of the department with regard to the regulation of
fisheries on the high seas.



7710.1.  A closure or restriction under Section 7710, or the removal
of a closure or restriction under Section 7710.5, may be appealed to
the commission. The commission shall hear and decide the appeal
within a time that is meaningful, taking into account the duration of
the fishery and the economics of the fishery.


7710.5.  If, during the period that regulations adopted pursuant to
Section 7710 are effective, the director determines, based on
thorough and adequate scientific evidence and at least one public
hearing in the area of the fishery, that any species or subspecies
the taking of which was previously restricted, has recovered or
additional evidence indicates that the resource is not in danger of
irreparable injury, the director may remove the restriction on
taking. Action to remove the restriction shall be by adoption of an
emergency regulation in accordance with Chapter 3.5 (commencing with
Section 11340) of Part 1 of Division 3 of Title 2 of the Government
Code.
   The director shall bring to the attention of the Legislature,
within seven calendar days, any regulations adopted pursuant to this
section.



7712.  Where a fishery is closed or restricted due to the need to
protect a fishery resource, marine mammals, or sea birds, or due to a
conflict with other fisheries or uses of the marine environment, it
shall be the policy of the department and the commission, consistent
with budgetary and personnel considerations, to assist and foster the
development of alternative fisheries or alternative fishing gear for
those commercial fishermen affected by the restrictions, closures,
or resource losses, including, but not limited to, the issuing of
experimental gear permits pursuant to Section 8606 for alternative
fishing methods or fishing gear consistent with the policies set
forth in this division.


7715.  (a) If the Director of Environmental Health Hazard
Assessment, in consultation with the State Director of Health
Services, determines, based on thorough and adequate scientific
evidence, that any species or subspecies of fish is likely to pose a
human health risk from high levels of toxic substances, the Director
of Fish and Game may order the closure of any waters or otherwise
restrict the taking under a commercial fishing license in state
waters of that species. Any such closure or restriction order shall
be adopted by emergency regulation in accordance with Chapter 3.5
(commencing with Section 11340) of Part 1 of Division 3 of Title 2 of
the Government Code.
   (b) Any closure or restriction pursuant to subdivision (a) shall
become inoperative when the Director of Environmental Health Hazard
Assessment, in consultation with the State Director of Health
Services, determines that a health risk no longer exists. Upon making
such a determination, the Director of Environmental Health Hazard
Assessment shall notify the Director of Fish and Game and shall
request that those waters be reopened for commercial fishing.