Code Section Group

Fish and Game Code - FGC

DIVISION 6. FISH [5500 - 9101]

  ( Division 6 enacted by Stats. 1957, Ch. 456. )

PART 3. COMMERCIAL FISHING [7600 - 9101]

  ( Part 3 enacted by Stats. 1957, Ch. 456. )

CHAPTER 1. Generally [7600 - 8126]

  ( Chapter 1 enacted by Stats. 1957, Ch. 456. )

ARTICLE 11. High Seas Interception of Salmon [8120 - 8123]
  ( Article 11 added by Stats. 1990, Ch. 745, Sec. 2. )

8120.
  

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.

(Added by Stats. 1990, Ch. 745, Sec. 2.)

8121.
  

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.

(Added by Stats. 1990, Ch. 745, Sec. 2.)

8122.
  

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.

(Added by Stats. 1990, Ch. 745, Sec. 2.)

8123.
  

(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.

(Added by Stats. 1990, Ch. 745, Sec. 2.)

FGCFish and Game Code - FGC11.