Cal. Code Regs. Tit. 14, § 231 - Exchanging of Sport-Caught Fish

(a) A sport-caught fish exchange permit is required of any person or persons who exchange fresh fish taken under the authority of a sport fishing license for filleted, smoked or canned fish as provided in this section. Upon application and payment of $53.25, the department shall issue such permits.

(1) Where Issued. Permits shall be issued at department offices in San Diego, Seal Beach, Monterey, Eureka, Redding, and the License and Revenue Branch in Sacramento.

(2) Limitations of Permit. Permits are nontransferable.

(3) Duration of Permit. Permits shall be valid from January 1 to December 31, inclusive or if issued after the beginning of that term, for the remainder thereof.

(b) Authorized Species. Any legally taken species of sport-caught fish may be possessed for filleting, smoking or canning if the same fish is returned to the angler or if the fish is exchanged pound for pound, adjusted for loss during processing, or exchanged according to (c) below for various tunas. A reasonable fee to cover processing costs may be charged. The following species may be possessed for canning only, as authorized in subsection (c) below: albacore, bluefin tuna, yellowfin tuna, bigeye tuna, skipjack, and yellowtail. For the purpose of this section, skipjack and yellowtail are included as tuna along with bigeye, bluefin and yellowfin.

(c) Exchange Process.

(1) Permittees may accept tuna for canning and provide in exchange one (1) six ounce can of albacore (white meat) tuna at no cost as follows:

(A) For each pound of tuna received, if the sale price of tuna to the permittee is greater than $4,470.00 per ton.

(B) For each two (2) pounds of tuna received, if the sale price of tuna to the permittee is less than $4,470.00, but greater than $2,240.00 per ton.

(C) For each three (3) pounds of tuna received, if the sale price of tuna to the permittee is less than $2,240.00, but greater than $1,490.00 per ton.

(D) For each four (4) pounds of tuna received, if the sale price of tuna to the permittee is less than $1,490.00, but greater than $1,120.00 per ton.

(E) For each five (5) pounds of tuna received, if the sale price of tuna to the permittee is less than $1,120.00, but greater than $900.00 per ton.

(F) For each six (6) pounds of tuna received, if the sale price of tuna to the permittee is less than $900.00, but greater than $750.00 per ton.

(G) For each seven (7) pounds of tuna received, if the sale price of tuna to the permittee is less than $750.00, but greater than $640.00 per ton.

(H) For each eight (8) pounds of tuna received, if the sale price of tuna to the permittee is less than $640.00, but greater than $560.00 per ton.

(I) For each nine (9) pounds of tuna received, if the sale price of tuna to the permittee is less than $560.00, but greater than $500.00 per ton.

(J) For each ten (10) pounds of tuna received, if the sale price of tuna to the permittee is less than $500.00, but greater than $450.00 per ton.

(K) For each eleven (11) pounds of tuna received, if the sale price of tuna to the permittee is less than $450.00, but greater than $410.00 per ton.

(L) For each twelve (12) pounds of tuna received, if the sale price of tuna to the permittee is less than $410.00, but greater than $370.00 per ton.

(2) Permittees may accept tuna for canning and provide in exchange one (1) six ounce can of yellowfin (light meat) tuna at no cost as follows:

(A) For each one (1) pound of tuna received, if the sale price of tuna to the permittee is greater than $2,280.00 per ton.

(B) For each two (2) pounds of tuna received, if the sale price of tuna to the permittee is less than $2,280.00, but greater than $1,140.00 per ton.

(C) For each three (3) pounds of tuna received, if the sale price of tuna to the permittee is less than $1,140.00, but greater than $760.00 per ton.

(D) For each four (4) pounds of tuna received, if the sale price of tuna to the permittee is less than $760.00, but greater than $570.00 per ton.

(E) For each five (5) pounds of tuna received, if the sale price of tuna to the permittee is less than $570.00, but greater than $460.00 per ton.

(F) For each six (6) pounds of tuna received, if the sale price of tuna to the permittee is less than $460.00, but greater than $380.00 per ton.

(G) For each seven (7) pounds of tuna received, if the sale price of tuna to the permittee is less than $380.00, but greater than $330.00 per ton.

(H) For each eight (8) pounds of tuna received, if the sale price of tuna to the permittee is less than $330.00, but greater than $290.00 per ton.

(I) For each nine (9) pounds of tuna received, if the sale price of tuna to the permittee is less than $290.00, but greater than $260.00 per ton.

(J) For each ten (10) pounds of tuna received, if the sale price of tuna to the permittee is less than $260.00, but greater than $230.00 per ton.

(K) For each eleven (11) pounds of tuna received, if the sale price of tuna to the permittee is less than $230.00, but greater than $210.00 per ton.

(L) For each twelve (12) pounds of tuna received, if the sale price of tuna to the permittee is less than $210.00, but greater than $190.00 per ton.

(3) Cans of fish exchanged shall be indelibly marked or embossed with "Not for Sale" or "Illegal to Sell".

(4) Fish received for processing under this subsection may only be used for canning. Tuna, except yellowtail, not returned to the angler may be canned and sold or sold to a cannery for the purpose of canning. Tuna not acceptable for canning may be sold for reduction purposes. Yellowtail must be donated to a non-profit charitable institution for food purposes only and may be fresh or processed.

(d) Species Limitation. Salmon may only be exchanged for salmon. Striped bass may only be exchanged for striped bass. Tuna may only be exchanged for tuna.

(e) Records. Immediately upon receiving fish, a permittee shall record the name, address and fishing license number of the angler, the date the fish were received and the number and weight of all fish by species received from that angler. At the time the fish are returned to the angler or otherwise disposed of, the permittee shall record the species and weight of the fish returned or if not returned to the angler, the disposition of the fish, and the date of return or disposition. Permittees shall keep and maintain all records required by these regulations at their place of business for three years and shall make them available to authorized department personnel upon demand.

(f) Transportation. Permittees may transport or provide for the transportation of tuna to canneries or processing facilities outside of California. Fish being transported shall be accompanied by a bill of lading, waybill, invoice or similar accountable document showing the name and address of the consignor, the name and address of the consignee and a listing of all fish by species and the number or weight of each species.

(g) Marking. All fish shall be marked by the permittee by removing the entire upper lobe of the tail. This marking shall be done in the presence of the person delivering such fish. Fish so marked shall be kept separate from commercially taken fish until transported to a cannery or processing facility.

(h) Waste. It shall be unlawful for any person to allow the deterioration or waste of any sport-caught fish.

(i) Revocation of Permits. Any permit may be revoked or suspended by the commission upon a violation by the permittee or the permittee's agent, servant, employee or person acting under the permittee's direction or control of any provision of these regulations or of the provisions of the Fish and Game Code relating to the receiving, processing or sale of fish taken under authority of a sport fishing license.

Notes

Cal. Code Regs. Tit. 14, § 231

Note: Authority cited: Sections 200, 205, 265, 713, 5510, 7121, 7701 and 7708, Fish and Game Code. Reference: Sections 200, 201, 265, 1050, 5510, 7121, 7701 and 7708, Fish and Game Code.

Note: Authority cited: Sections 200, 205, 265, 713, 5510, 7121, 7701 and 7708, Fish and Game Code. Reference: Sections 200, 201, 265, 1050, 5510, 7121, 7701 and 7708, Fish and Game Code.

1. New section filed 3-28-86; effective upon filing pursuant to Government Code section 11346.2(d) (Register 86, No. 13).
2. Amendment of subsections (a)-(c) and repealer of subsection (f) filed 2-25-88; operative 3-26-88 (Register 88, No. 10).
3. Amendment of subsections (b) and (c) filed 11-21-89 as an emergency; operative 11-21-89 (Register 89, No. 47). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed by operation of law on 3-21-90.
4. Reinstatement of subsections (b) and (c) as they existed prior to emergency amendment filed 11-21-89 by operation of Government Code section 11346.1(f) (Register 90, No. 31).
5. Amendment of subsections (b), (c) and (e) filed 6-8-90; operative 6-8-90 pursuant to Government Code section 11346.2(d) (Register 90, No. 31).
6. Amendment of subsection (e) filed 6-27-91; operative 7-29-91 (Register 91, No. 40).
7. Amendment of subsection (a)(3) filed 9-9-92; operative 10-9-92 (Register 92, No. 37).
8. Editorial correction of printing error in subsections (c)(4) and (d) filed 7-19-93; operative 8-18-93 (Register 93, No. 30).
9. Amendment of subsections (c)(1)(A)-(c)(3)(D) and new subsection (c)(2)(F) filed 7-19-93; operative 8-18-93 (Register 93, No. 30).
10. Amendment of section heading, subsections (a) and (c)(5) and Note filed 10-16-95 as an emergency; operative 10-16-95 (Register 95, No. 42). A Certificate of Compliance must be transmitted to OAL by 2-13-96 or emergency language will be repealed by operation of law on the following day.
11. Certificate of Compliance as to 10-16-95 order including amendment of subsections (a), (b), (c)(1)(C), (c)(5) and (e), repealer of subsection (f) and subsection relettering, and amendment of newly designated subsections (f) and (g) transmitted to OAL 2-9-96 and filed 3-13-96 (Register 96, No. 11).
12. Amendment of subsections (a)(1), (b) and (c)(1), repealer of subsections (c)(1)(A)-(c)(3)(D) and new subsections (c)(1)(A)-(c)(2)(L) filed 8-16-2000; operative 9-15-2000 (Register 2000, No. 33).
13. Change without regulatory effect renumbering former subsections (c)(4) and (c)(5) to subsections (c)(3) and (c)(4) filed 10-31-2000 pursuant to section 100, title 1, California Code of Regulations (Register 2000, No. 44).
14. Change without regulatory effect amending subsection (a) and amendingNote filed 5-11-2005 pursuant to section 100, title 1, California Code of Regulations (Register 2005, No. 19).
15. Change without regulatory effect amending subsection (a) filed 12-19-2006 pursuant to section 100, title 1, California Code of Regulations (Register 2006, No. 51).
16. Change without regulatory effect amending Note filed 8-8-2019 pursuant to section 100, title 1, California Code of Regulations (Register 2019, No. 32).
17. Change without regulatory effect amending subsection (a)(1) filed 10-19-2023 pursuant to section 100, title 1, California Code of Regulations (Register 2023, No. 42).