Article 3. Seizure of California Fish And Game Code >> Division 6. >> Part 3. >> Chapter 3. >> Article 3.
Any net or trap used for taking fish in violation of the
provisions of this code is a public nuisance. It is the duty of every
person authorized to make an arrest for such a violation to seize
and keep the net and report the seizure to the department.
The department may commence proceedings in the superior court of
the county or city and county in which the seizure is made by
petitioning the court for a judgment forfeiting the net. Upon the
filing of the petition, the clerk of the court shall fix a time for a
hearing and cause notices to be posted for 14 days in at least three
public places in the place where the court is held, setting forth
the substance of the petition and the time and place fixed for its
hearing. At that time, the court shall hear and determine the
proceeding and, upon proof that the net was used in violation of this
code shall order it forfeited. Any net so forfeited shall be sold or
destroyed by the department. The proceeds from all those sales shall
be paid into the Fish and Game Preservation Fund.
In lieu of a physical seizure pursuant to this article, any
person authorized to make an arrest for a violation of any provision
of this code, may attach to any net used for taking fish in violation
of this code a tag of metal or other material, which shall be
adopted by the department for this purpose and furnished to such
person. The tag shall be impressed or printed with language stating
that the net to which it is attached is thereby seized by the
department as a public nuisance. The act of attaching such tag shall
be a seizure within the meaning of this section.
Removal of a tag attached to any net pursuant to this section by
any person other than a person authorized by the department, or the
use of any such net by any person for fishing purposes, unless
authorized by the department or by the superior court, is a
Within three days after the department has been notified in
writing that a vessel carrying a seized net has arrived in port, the
department may remove the net from the vessel, unless the owner has
furnished a bond in accordance with Section 8633. The notice shall be
sufficient when delivered to the office of the department nearest to
the port at which the vessel has arrived.
When any net is seized pursuant to this article, the owner or
any other person otherwise entitled to possession of the net may
apply to the superior court of the county or city and county in which
the seizure was made, or the county or city and county of which the
claimant is a resident, for leave to file a bond and regain
possession of the net during the pendency of the proceedings. The
bond shall be in an amount determined by the judge to be the actual
value of the net at the time of its release. It shall be filed within
three days after the seizure of the net, and shall be conditioned
upon the return of the net to the custody of the department in the
event the net is ordered forfeited. Upon filing the bond, the person
on whose behalf it is given shall be put in possession of the net and
may use the net until it is finally ordered delivered up and
forfeited, if such be the judgment of the court.
When any net is seized pursuant to this article and the owner
or any other person otherwise entitled to possession of the net has
filed a bond and regained possession of the net, the person in
possession of the net, when in the judgment of the court the net is
ordered forfeited, shall deliver the net to the department by
removing the net from the boat and placing in a warehouse or storage
designated by the department.
(a) Notwithstanding Section 8633, any net or trap seized
pursuant to Section 8630 as illegal because of its size, manner of
construction, materials used in its construction, or configuration of
its parts is presumed to be contraband and shall not be returned
pending forfeiture unless it can be and is modified to eliminate the
condition of illegality. This subdivision does not apply to any net
or trap seized pursuant to Section 8630 for illegal use.
(b) Notwithstanding subdivision (a), any net or trap seized
pursuant to Section 8630 that is needed for evidence may be held for