Current through Register 2024 Notice Reg. No. 38, September 20, 2024
(a) A sport-caught fish exchange permit is
required of any person or persons who exchange fresh fish taken under the
authority of a sport fishing license for filleted, smoked or canned fish as
provided in this section. Upon application and payment of $53.25, the
department shall issue such permits.
(1)
Where Issued. Permits shall be issued at department offices in San Diego, Seal
Beach, Monterey, Eureka, Redding, and the License and Revenue Branch in
Sacramento.
(2) Limitations of
Permit. Permits are nontransferable.
(3) Duration of Permit. Permits shall be
valid from January 1 to December 31, inclusive or if issued after the beginning
of that term, for the remainder thereof.
(b) Authorized Species. Any legally taken
species of sport-caught fish may be possessed for filleting, smoking or canning
if the same fish is returned to the angler or if the fish is exchanged pound
for pound, adjusted for loss during processing, or exchanged according to (c)
below for various tunas. A reasonable fee to cover processing costs may be
charged. The following species may be possessed for canning only, as authorized
in subsection (c) below: albacore, bluefin tuna, yellowfin tuna, bigeye tuna,
skipjack, and yellowtail. For the purpose of this section, skipjack and
yellowtail are included as tuna along with bigeye, bluefin and
yellowfin.
(c) Exchange Process.
(1) Permittees may accept tuna for canning
and provide in exchange one (1) six ounce can of albacore (white meat) tuna at
no cost as follows:
(A) For each pound of tuna
received, if the sale price of tuna to the permittee is greater than $4,470.00
per ton.
(B) For each two (2)
pounds of tuna received, if the sale price of tuna to the permittee is less
than $4,470.00, but greater than $2,240.00 per ton.
(C) For each three (3) pounds of tuna
received, if the sale price of tuna to the permittee is less than $2,240.00,
but greater than $1,490.00 per ton.
(D) For each four (4) pounds of tuna
received, if the sale price of tuna to the permittee is less than $1,490.00,
but greater than $1,120.00 per ton.
(E) For each five (5) pounds of tuna
received, if the sale price of tuna to the permittee is less than $1,120.00,
but greater than $900.00 per ton.
(F) For each six (6) pounds of tuna received,
if the sale price of tuna to the permittee is less than $900.00, but greater
than $750.00 per ton.
(G) For each
seven (7) pounds of tuna received, if the sale price of tuna to the permittee
is less than $750.00, but greater than $640.00 per ton.
(H) For each eight (8) pounds of tuna
received, if the sale price of tuna to the permittee is less than $640.00, but
greater than $560.00 per ton.
(I)
For each nine (9) pounds of tuna received, if the sale price of tuna to the
permittee is less than $560.00, but greater than $500.00 per ton.
(J) For each ten (10) pounds of tuna
received, if the sale price of tuna to the permittee is less than $500.00, but
greater than $450.00 per ton.
(K)
For each eleven (11) pounds of tuna received, if the sale price of tuna to the
permittee is less than $450.00, but greater than $410.00 per ton.
(L) For each twelve (12) pounds of tuna
received, if the sale price of tuna to the permittee is less than $410.00, but
greater than $370.00 per ton.
(2) Permittees may accept tuna for canning
and provide in exchange one (1) six ounce can of yellowfin (light meat) tuna at
no cost as follows:
(A) For each one (1)
pound of tuna received, if the sale price of tuna to the permittee is greater
than $2,280.00 per ton.
(B) For
each two (2) pounds of tuna received, if the sale price of tuna to the
permittee is less than $2,280.00, but greater than $1,140.00 per ton.
(C) For each three (3) pounds of tuna
received, if the sale price of tuna to the permittee is less than $1,140.00,
but greater than $760.00 per ton.
(D) For each four (4) pounds of tuna
received, if the sale price of tuna to the permittee is less than $760.00, but
greater than $570.00 per ton.
(E)
For each five (5) pounds of tuna received, if the sale price of tuna to the
permittee is less than $570.00, but greater than $460.00 per ton.
(F) For each six (6) pounds of tuna received,
if the sale price of tuna to the permittee is less than $460.00, but greater
than $380.00 per ton.
(G) For each
seven (7) pounds of tuna received, if the sale price of tuna to the permittee
is less than $380.00, but greater than $330.00 per ton.
(H) For each eight (8) pounds of tuna
received, if the sale price of tuna to the permittee is less than $330.00, but
greater than $290.00 per ton.
(I)
For each nine (9) pounds of tuna received, if the sale price of tuna to the
permittee is less than $290.00, but greater than $260.00 per ton.
(J) For each ten (10) pounds of tuna
received, if the sale price of tuna to the permittee is less than $260.00, but
greater than $230.00 per ton.
(K)
For each eleven (11) pounds of tuna received, if the sale price of tuna to the
permittee is less than $230.00, but greater than $210.00 per ton.
(L) For each twelve (12) pounds of tuna
received, if the sale price of tuna to the permittee is less than $210.00, but
greater than $190.00 per ton.
(3) Cans of fish exchanged shall be indelibly
marked or embossed with "Not for Sale" or "Illegal to Sell".
(4) Fish received for processing under this
subsection may only be used for canning. Tuna, except yellowtail, not returned
to the angler may be canned and sold or sold to a cannery for the purpose of
canning. Tuna not acceptable for canning may be sold for reduction purposes.
Yellowtail must be donated to a non-profit charitable institution for food
purposes only and may be fresh or processed.
(d) Species Limitation. Salmon may only be
exchanged for salmon. Striped bass may only be exchanged for striped bass. Tuna
may only be exchanged for tuna.
(e)
Records. Immediately upon receiving fish, a permittee shall record the name,
address and fishing license number of the angler, the date the fish were
received and the number and weight of all fish by species received from that
angler. At the time the fish are returned to the angler or otherwise disposed
of, the permittee shall record the species and weight of the fish returned or
if not returned to the angler, the disposition of the fish, and the date of
return or disposition. Permittees shall keep and maintain all records required
by these regulations at their place of business for three years and shall make
them available to authorized department personnel upon demand.
(f) Transportation. Permittees may transport
or provide for the transportation of tuna to canneries or processing facilities
outside of California. Fish being transported shall be accompanied by a bill of
lading, waybill, invoice or similar accountable document showing the name and
address of the consignor, the name and address of the consignee and a listing
of all fish by species and the number or weight of each species.
(g) Marking. All fish shall be marked by the
permittee by removing the entire upper lobe of the tail. This marking shall be
done in the presence of the person delivering such fish. Fish so marked shall
be kept separate from commercially taken fish until transported to a cannery or
processing facility.
(h) Waste. It
shall be unlawful for any person to allow the deterioration or waste of any
sport-caught fish.
(i) Revocation
of Permits. Any permit may be revoked or suspended by the commission upon a
violation by the permittee or the permittee's agent, servant, employee or
person acting under the permittee's direction or control of any provision of
these regulations or of the provisions of the Fish and Game Code relating to
the receiving, processing or sale of fish taken under authority of a sport
fishing license.
Note: Authority cited: Sections
200,
205,
265,
713,
5510,
7121,
7701
and
7708,
Fish and Game Code. Reference: Sections
200,
201,
265,
1050,
5510,
7121,
7701
and
7708,
Fish and Game Code.
Note: Authority cited: Sections
200,
205,
265,
713,
5510,
7121,
7701
and
7708,
Fish and Game Code. Reference: Sections
200,
201,
265,
1050,
5510,
7121,
7701
and
7708,
Fish and Game Code.
