Section 12002.8 Of Chapter 1. General Provisions From California Fish And Game Code >> Division 9. >> Chapter 1.
12002.8
. (a) The court shall order the department to permanently
revoke and the department shall permanently revoke, the commercial
fishing license and any commercial fishing permits of any person
convicted of either of the following:
(1) Taking or possessing abalone out of season.
(2) Taking or possessing abalone taken illegally from any area
north of Point Sur.
(b) The court shall order the department to permanently revoke and
the department shall permanently revoke the commercial fishing
license and any commercial fishing permits of any person convicted of
either of the following two offenses, if the person possessed more
than 12 abalone at the time of the offense:
(1) Removing abalone from the shell or possessing abalone
illegally removed from the shell.
(2) Taking or possessing abalone that are less than the minimum
size.
(c) Any person sentenced pursuant to subdivision (a) or (b) shall
not thereafter be eligible for any license or permit to take or
possess fish for sport or commercial purposes.
(d) Notwithstanding Sections 12000, 12001, and 12002, the
commercial fishing license of the master of a vessel may be revoked
or suspended by the commission, when requested by the department, for
a period not to exceed one year, upon the second conviction in three
years of the master or the master's agent, servant, employee, or any
other person acting under the master's direction or control, for a
violation of any of the following provisions or regulations adopted
pursuant thereto:
(1) Article 2 (commencing with Section 8150.5), Article 3
(commencing with Section 8180), Article 4 (commencing with Section
8210), Article 5 (commencing with Section 8250), Article 6
(commencing with Section 8275), Article 9 (commencing with Section
8370), Article 13 (commencing with Section 8495), and Article 15
(commencing with Section 8550) of Chapter 2 of Part 3 of Division 6.
(2) Article 1 (commencing with Section 8601), Article 2
(commencing with Section 8623), Article 4 (commencing with Section
8660), Article 5 (commencing with Section 8680), Article 6
(commencing with Section 8720), Article 7 (commencing with Section
8750), Article 8 (commencing with Section 8780), and Article 10
(commencing with Section 8830) of Chapter 3 of Part 3 of Division 6.
(3) Article 1 (commencing with Section 9000) of Chapter 4 of Part
3 of Division 6.
(e) A master's license shall not be revoked unless both the first
and second convictions are for a violation by the master or a
violation occurring when the person convicted was acting as the
master's agent, servant, employee, or acting under the master's
direction or control.
(f) The master of a vessel is the person on board the vessel who
is in charge of the vessel.