Section 12009 Of Chapter 1. General Provisions From California Fish And Game Code >> Division 9. >> Chapter 1.
12009
. (a) Notwithstanding Section 12000, and except as provided in
Section 12006.6, the punishment for a violation of any provision of
Section 5521 or 5521.5, or any regulation adopted pursuant thereto,
or of Section 7121 involving abalone, is a fine of not less than
fifteen thousand dollars ($15,000) or more than forty thousand
dollars ($40,000) and imprisonment in the county jail for a period
not to exceed one year. The court shall permanently revoke any
commercial fishing license, commercial fishing permit, or sport
fishing license issued by the department. Any vessel, diving or other
fishing gear or apparatus, or vehicle used in the commission of an
offense punishable under this section, may be seized and may be
ordered forfeited by the court pursuant to subdivision (c) of Section
12157. Notwithstanding any other provision of law, the commercial
license of any person arrested for a violation punishable under this
section may not be sold, transferred, loaned, or leased, or used as
security for any financial transaction until disposition of the
charges is final.
(b) Notwithstanding any other provision of law, the money
collected from any fine or forfeiture imposed or collected for the
taking of abalone for any purpose other than for profit in violation
of this article or any other provision of law shall be deposited as
follows:
(1) One-half in the Abalone Restoration and Preservation Account.
(2) One-half in the county treasury of the county in which the
violation occurred.