Section 8552.6 Of Article 15. Herring From California Fish And Game Code >> Division 6. >> Part 3. >> Chapter 2. >> Article 15.
8552.6
. (a) Notwithstanding Section 8552, a herring permit may be
issued to two individuals if one of the following criteria is met:
(1) The individuals are married to each other and file with the
department a certified copy of their certificate of marriage and a
declaration under penalty of perjury, or a court order, stating that
the permit is community property.
(2) The individuals meet both of the following requirements:
(A) They are both engaged in the herring roe fishery either by
fishing aboard the vessel or by personally participating in the
management, administration, and operation of the partnership's
herring fishing business.
(B) There is a partnership constituting equal, 50 percent,
ownership in a herring fishery operation, including a vessel or
equipment, and that partnership is demonstrated by any two of the
following:
(i) A copy of a federal partnership tax return.
(ii) A written partnership agreement.
(iii) Joint ownership of a fishing vessel used in the herring
fishery as demonstrated on federal vessel license documents.
(b) For purposes of this section, a herring permit does not
constitute a herring fishing operation. A herring permit may be
transferred to one of the partners to be held thereafter in that
partner's name only if that partner has not less than 10 points
computed pursuant to paragraph (2) of subdivision (a) of Section
8552.8 and there has been a death or retirement of the other partner,
a dissolution of partnership, or the partnership is dissolved by a
dissolution of marriage or decree of legal separation. A transfer
under this section shall be authorized only if proof that the
partnership has existed for three or more consecutive years is
furnished to the department or a certified copy of a certificate of
marriage is on file with the department and the permit is community
property as provided in subdivision (a). The transferor of a permit
shall not, by reason of the transfer, become ineligible to
participate further in the herring fishery or to purchase another
permit.
(c) Notwithstanding subdivision (b), in the event of the death of
one of the partners holding a herring permit pursuant to this
section, where the partnership existed for longer than six months but
less than three years and the surviving partner does not have the
minimum points pursuant to subdivision (b) to qualify for a permit
transfer, the permit may be transferred on an interim basis for a
period of not more than 10 years to the surviving partner if an
application is submitted to the department within one year of the
deceased partner's death and the surviving partner participates in
the fishery for the purpose of achieving the minimum number of points
to be eligible for a permit transfer pursuant to Section 8552.2. The
interim permit shall enable the surviving partner to participate in
the herring fishery. At the end of the interim permit period, the
surviving partner, upon application to the department, may be issued
the permit if he or she has participated in the fishery and gained
the minimum number of experience points for a permit.