Article 11. High Seas Interception Of Salmon of California Fish And Game Code >> Division 6. >> Part 3. >> Chapter 1. >> Article 11.
The definitions in this section govern the construction of
this article:
(a) "Environmental purpose" means the intent to prevent or
minimize adverse ecological effects to water quality.
(b) "High seas interception" means the unauthorized taking of
salmon for commercial purposes outside the United States 200-mile
fishery conservation zone. "Unauthorized" means contrary to a statute
or regulation of the United States or this state or to a treaty or
international fishery agreement, or in violation of a foreign law.
(c) "Humanitarian purpose" means the intent to provide medical
services for a sick or injured person, or to prevent the loss of
human life.
(d) "Process" means affecting the condition or location of salmon,
including preparation, packaging, storage, refrigeration, or
transportation.
(e) "Written instrument" means hand written or printed matter,
including vessels' logs and papers, bills of lading and sale,
documents relating to processing, shipping, and customs, and
information stamped on or affixed to cans, crates, containers,
freight, or other means of storage or packaging.
It is unlawful for any person to do any of the following:
(a) To buy, sell, trade, process, or possess salmon, or attempt to
buy, sell, trade, process, or possess salmon, with the knowledge
that the salmon has been, or will be, obtained by high seas
interception.
(b) To knowingly provide financing, premises, equipment, supplies,
services, power, or fuel used to buy, sell, trade, process, or
possess salmon that has been, or will be, obtained by high seas
interception.
(c) Act as a broker or middleman, or otherwise act on behalf of
another person, to arrange for or negotiate, or attempt to arrange
for or negotiate, the purchase, sale, trade, processing, or
possession of salmon, with the knowledge that the salmon has been, or
will be, obtained by high seas interception.
It is unlawful for any person to create, circulate, or
possess any written instrument related to salmon with the knowledge
that the written instrument conveys misleading or untrue information
about the ownership, possession, processing, origin, destination,
route of shipping, type, or condition of salmon, or the time, place,
and manner of the taking of the salmon.
(a) If any person knows that a vessel contains salmon
obtained by high seas interception or that the owner or operator of
the vessel intends to engage in the high seas interception of salmon,
it is unlawful for that person to do any of the following:
(1) Move persons, cargo, or other property to or from the vessel.
(2) Service or repair the vessel or its equipment.
(3) Provide the vessel with power, supplies, equipment, or fuel.
(4) Provide the vessel with information, other than weather
reports, capable of aiding the high seas interception of salmon or
frustrating or avoiding detection, including communicating the
movements, intentions, or activities of state or federal law
enforcement officials or other fishing vessels.
(5) Permit the vessel to dock or anchor, or to remain docked or
anchored, if that person is responsible for the operation of the
facility, harbor, or anchorage.
(b) This section does not prohibit any person from performing any
act or acts set forth in subdivision (a), if that person reasonably
believes that the act or acts were necessary for humanitarian or
environmental purposes or to prevent a significant loss of property,
if that person provides immediate notice, by the quickest available
means, to the United States Coast Guard, the department, or any law
enforcement agency as to the type of assistance provided and the
circumstances involved.