Article 6. Commercial Fishing Reports of California Fish And Game Code >> Division 6. >> Part 3. >> Chapter 1. >> Article 6.
The department shall:
(a) Gather and prepare data of the commercial fisheries, showing
particularly the extent of the fisheries and the extent to which the
various species abound.
(b) Make such investigations of the biology and the environment of
the living marine resources as will aid in the collection and
preparation of the statistical information necessary to determine the
population dynamics of the species relative to their scientific
(c) Make such investigations as will disclose the optimum
sustainable yield of the various marine resources.
(d) Determine what measures may be advisable to conserve any
fishery, or to enlarge and assist any fishery where that may be done
without danger to the supply.
(a) The receipts, reports, or other records filed with the
department pursuant to Article 2 (commencing with Section 7700) to
Article 7.5 (commencing with Section 8040), inclusive, and the
information contained therein, shall, except as otherwise provided in
this section, be confidential, and the records shall not be public
records. Insofar as possible, the information contained in the
records shall be compiled or published as summaries, so as not to
disclose the individual record or business of any person.
(b) Notwithstanding any other provision of law, the department may
release the confidential information described in subdivision (a) to
any federal agency responsible for fishery management activities,
provided the information is used solely for the purposes of enforcing
fishery management provisions and provided the information will
otherwise remain confidential. The department may also release this
information in accordance with Section 391 or pursuant to a court
order, to a public or private postsecondary institution engaged in
research under the terms of a legally binding confidentiality
agreement, or under other conditions as the commission by regulation
(c) All forms, logs, books, covers, documents, electronic data,
software, and other records of any kind issued or otherwise supplied,
directly or indirectly, by the department, the purpose of which is
to provide a means for reports, records, or other information to be
filed with the department pursuant to Article 2 (commencing with
Section 7700) to Article 7.5 (commencing with Section 8040),
inclusive, continue to be the property of the department. Those
forms, logs, books, covers, documents, electronic data, software,
other records, or portions thereof remain the property of the
department whether used, unused, attached, or detached from their
original binding, packaging, or other medium and shall be immediately
surrendered upon demand to a peace officer of the department acting
in his or her official capacity, without being altered in any manner.
(a) The commission, upon recommendation of the department,
may suspend or revoke the commercial fishing privileges of any
fisherman or the license of any person required to be licensed under
Article 7 (commencing with Section 8030) who is convicted of a
violation of this article or Article 7.5 (commencing with Section
(b) This section shall become operative on January 1, 1992.
(a) The commission may require the owner and operator of a
commercial fishing vessel, the holder of a commercial fishing license
or permit, and the owner and licenseholder of a commercial passenger
fishing boat to keep and submit a complete and accurate record of
fishing activities in a form prescribed by the department.
(b) In addition to the penalty specified in subdivision (a) of
Section 12002, failure to keep and submit records pursuant to
subdivision (a) may result in the revocation or suspension of a
license or permit by the department or the commission, when
recommended by the department, for a period not to exceed one year.