Article 10. Far Offshore Fishing of California Fish And Game Code >> Division 6. >> Part 3. >> Chapter 1. >> Article 10.
(a) The Legislature finds and declares that dramatic changes
have very recently taken place in the methods and geographic areas of
effort by California-based commercial fishermen.
(b) The Legislature further finds and declares that because the
conditions which now exist could not be seen at the time of their
inception, some existing regulations are now unreasonably
restrictive. In some cases, existing statutes and regulations
prohibit California fishermen from participating in or landing in
California the primary product, or the incidental product, of their
effort in the newly developed far offshore fisheries. This situation
is detrimental to the interests of the fishermen, the fish
processors, and the consumers of California.
"Far offshore fishery" means a fishery that lies outside the
United States 200-mile exclusive economic zone, as defined by
paragraph (6) of Section 1802 of Title 16 of the United States Code.
Notwithstanding any other section of this code, fish taken in
a far offshore fishery, which may be lawfully imported, may be
landed in this state by persons operating a commercial fishing vessel
registered pursuant to Article 4 (commencing with Section 7880) who
took the fish in the far offshore fishery.
(a) Prior to departure from any port in the United States for
the purpose of taking fish in the far offshore fishery, the operator
of any vessel landing fish in California that will be taken in the
far offshore fishery shall file a declaration with the department on
forms prescribed by the department.
(b) The declaration shall be valid when signed by the vessel
operator and completed with information prescribed by the department.
(c) Upon completion of the trip and within 12 hours of arrival at
a port in this state, the operator of the vessel shall complete and
submit the return portion of the declaration to the department.
(d) This section does not apply to any commercial fisherman using
or possessing only troll lines, as defined in subdivision (b) of
Section 9025.5, or gear for angling, as defined in Section 15, for
the taking or possession of albacore only.
It is unlawful for the operator of any vessel operating under
authority of this article to fish in, or land fish from, any waters
within the United States 200-mile exclusive economic zone during any
trip for which the operator filed a declaration with the department
to fish in the far offshore fishery.