Section 12006.6 Of Chapter 1. General Provisions From California Fish And Game Code >> Division 9. >> Chapter 1.
12006.6
. Notwithstanding Section 12000 or 12002.8, and in addition
to Section 12009, and notwithstanding the type of fishing license or
permit held, if any person is convicted of a violation of Section
5521 or 5521.5, and the offense occurs in an area closed to the
taking of abalone for commercial purposes, and the person takes or
possesses more than 12 abalone at one time or takes abalone in excess
of the annual bag limit, that person shall be punished by all of the
following:
(a) A fine of not less than fifteen thousand dollars ($15,000) or
more than forty thousand dollars ($40,000).
(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 that person. The person
punished under this subdivision shall not, thereafter, be eligible
for any license or permit to take or possess fish for sport or
commercial purposes, including, but not limited to, a commercial
fishing license or a sport fishing or sport ocean fishing license.
Notwithstanding any other provision of law, the commercial license or
permit of a person arrested for a violation punishable under this
section may not be sold, transferred, loaned, leased, or used as
security for any financial transaction until disposition of the
charges is final.
(c) Any vessel, diving or other fishing gear or apparatus, or
vehicle used in the commission of an offense punishable under this
section shall be seized, and shall be ordered forfeited in the same
manner prescribed for nets or traps used in violation of this code,
as described in Article 3 (commencing with Section 8630) of Chapter 3
of Part 3 of Division 6, or in the manner prescribed in Section
12157.
(d) Not less than 50 percent of the revenue deposited in the Fish
and Game Preservation Fund from fines and forfeitures collected
pursuant to this section shall be allocated for the support of the
Special Operations Unit of the Wildlife Protection Division of the
department and used for law enforcement purposes.