Article 9.1. Sea Cucumbers of California Fish And Game Code >> Division 6. >> Part 3. >> Chapter 2. >> Article 9.1.
(a) Sea cucumbers shall not be taken, possessed aboard a
boat, or landed by a person for commercial purposes except under a
valid sea cucumber permit issued to that person, which has not been
suspended or revoked.
(b) When taking sea cucumbers by diving, every diver shall have a
sea cucumber diving permit issued to that person, which has not been
suspended or revoked. When taken by means other than diving, at least
one person aboard the boat shall have a valid sea cucumber trawl
permit issued to that person, which has not been suspended or
(a) Applicants for a sea cucumber permit shall specify by gear
type, either trawl or dive, the method in which the applicant intends
to take sea cucumbers. The gear type of a sea cucumber permit,
either trawl or dive, shall not be transferable.
(b) The fee for a sea cucumber permit shall be two hundred fifty
(c) Each permittee shall complete and submit an accurate record of
all sea cucumber fishing activities on forms provided by the
(d) In order to renew a sea cucumber permit for any permit year,
an applicant shall have been issued a sea cucumber permit in the
immediately preceding permit year. Applications for renewal of a sea
cucumber permit shall be received by the department or, if mailed,
postmarked, by April 30 of the permit year.
(a) A valid sea cucumber permit may be transferred by the
permittee if the permittee has previously held a valid sea cucumber
permit for any four permit years and landed at least 100 pounds of
sea cucumbers in each of those permit years, as documented by landing
receipts with the name of the permittee shown on the receipts.
(b) A valid sea cucumber permit that has not been suspended or
revoked may be transferred only to a person who has a valid
commercial fishing license issued pursuant to Section 7852, that has
not been suspended or revoked. A sea cucumber permit shall not be
transferred to a person who has had a sea cucumber permit suspended
or revoked while the suspension or revocation is in effect.
(c) An application for transfer of a permit shall be in the form
of a notarized letter and shall be submitted to the department, with
reasonable proof as the department may require to establish the
qualifications of the permitholder and the person the permit is to be
transferred to, accompanied by payment to the department of a
nonrefundable transfer fee of two hundred dollars ($200). The
transfer shall take effect on the date notice of approval of the
application is given to the transferee by the department. The sea
cucumber permit shall be valid for the remainder of the permit year
and may be renewed in subsequent years.
(d) A sea cucumber trawl permit may be transferred to a qualified
person as provided in subdivisions (b) and (c) to take sea cucumbers
by diving or by use of trawl nets. A sea cucumber dive permit may be
transferred to a qualified person as provided in subdivisions (b) and
(c) only to take sea cucumbers by diving. The transferee shall
specify the gear type, either trawl or dive, that the transferee
intends to use to take sea cucumbers. The gear type of the sea
cucumber permit, either trawl or dive, shall not be transferable.
(e) (1) Upon the death of a sea cucumber permitholder, the
deceased person's sea cucumber dive or trawl permit may be
transferred by his or her heirs, assignees, or estate to a qualified
person as provided in subdivision (b), upon payment of the fee
described in subdivision (c), and in accordance with subdivisions (a)
and (d). The estate of the decedent may transfer the permit pursuant
to this chapter no later than two years from the date of death of
the permitholder, as listed on the death certificate.
(2) For purposes of a transfer under this subdivision, the heirs,
assignees, or estate shall renew the permit as specified in Section
8405.1 to keep the permit valid until transferred.
(a) The commission, upon recommendation of the department
or upon its own motion and in consultation with the sea cucumber
fishing industry, may adopt regulations, including provisions
governing seasons, gear restrictions, hours of operation, and any
other measures that it determines may reasonably be necessary to
protect the sea cucumber resource and to assure a sustainable sea
cucumber fishery or to enhance enforcement activities.
(b) The number of sea cucumber permits issued for the April 1,
1997, to March 31, 1998, inclusive, permit year shall constitute the
maximum number of permits available for all subsequent permit years
for the sea cucumber fishery. The department may establish by
regulation a method, if necessary, to reissue any sea cucumber permit
not renewed or transferred. The permit type of a sea cucumber
permit, either trawl or dive, that is reissued shall not be
(c) The commission may permanently revoke the sea cucumber permit
of any person convicted of the unlawful taking of any California
halibut while operating pursuant to a sea cucumber permit. The
commission may revoke the sea cucumber permit of any person convicted
of any other violation of this code or regulation adopted pursuant
thereto while operating pursuant to a sea cucumber permit. Any
revocation of a permit pursuant to this subdivision shall be in
addition to any action the department may take pursuant to Section
(d) Subsequent to the 1997-98 permit year, the department, using
existing funds, may determine the actual costs to the department of
enforcing this article. The commission, upon recommendation of the
department, may adjust the fee for the issuance or transfer of a
permit to an amount not to exceed three hundred fifty dollars ($350),
to reflect the actual cost of enforcing this article.
This article shall become inoperative on April 1, 2020, and
as of January 1, 2021, is repealed, unless a later enacted statute
that is enacted before January 1, 2021, deletes or extends the dates
on which it becomes inoperative and is repealed.