Cal. Code Regs. tit. 14 § 167

Current through Register 2024 Notice Reg. No. 44, November 1, 2024

Section 167 - Penalties in Lieu of Suspension or Revocation-Salmon Permittees

Pursuant to the provisions of Section 8237 of the Fish and Game Code, the Commission, after notice and an opportunity to be heard, may suspend or revoke the commercial salmon fishing privileges of any person licensed or required to be licensed under the authority of Sections 7852.5 and 7860 of the Fish and Game Code upon conviction of a commercial salmon fishing violation. Notwithstanding this provision, the Executive Secretary of the Commission may enter into a stipulated compromise settlement agreement with the agreement of the licensee on terms and conditions which may include, but are not limited to, the payment of monetary penalties, the reduction of a revocation to a suspension for a specified period of time, a period of probation not to exceed three years or any other terms and conditions, mutually agreed upon by the Executive Secretary acting for the Commission and the licensee, without further hearing or appeal. Conviction of multiple violations, committed at the same time shall be treated as one conviction for the purposes of implementing the provisions of this section.

A compromise settlement agreement may be entered before, during or after the Commission hearing on the matter, but is valid only if executed and signed by the Executive Secretary and the licensee prior to the adoption of the decision by the Commission. Any monetary penalty included in a compromise settlement agreement shall be within the range of monetary penalties as prescribed in subsection (a) of these regulations and shall be due and payable within 30 days after the compromise is entered into. Any and all funds submitted as payment in whole or in part by a licensee of any monetary penalties stipulated in a compromise settlement agreement shall be nonrefundable.

If the licensee fails to perform all of the terms and conditions of the compromise settlement agreement, such agreement is thereby declared void and the Commission, notwithstanding the compromise settlement agreement, may take any action authorized by Section 8237 of the Fish and Game Code against the licensee.

(a) Procedures for determining monetary penalties:

(1) Monetary penalties (score range multiplied by the monetary range) for compromise settlement agreements shall be based on the following point system:

SCORE RANGE	MONETARY RANGE
(Total Points)
	1-20	$200 per point as provided in subsection (a)(2) below.
	21+	$400 per point as provided in subsection (a)(2) below.

(2) The score range shall be based on a cumulative total of the points assigned in this subsection:

(A) GRAVITY OF THE VIOLATION.

1. Take of undersize salmon, when such fish comprise (Note: the following points assigned shall be doubled if any part of the load or lot was intentionally hidden by the licensee):

a. 1-25 percent of the total load or lot of salmon.

(i) When there are 3 or less undersized salmon in the total load or lot.	1 point, plus 1/2 point
	for each undersized fish
(ii) When there are more than 3 undersized salmon in the total load or lot.	3 points, plus 1/2
	point for each undersized fish

b. 26-50 percent of the total load or lot of salmon.

(i) When there are 3 or less undersized salmon in the total load or lot.	2 points, plus 1/2
	point for each undersized fish
(ii) When there are more than 3 undersized salmon in the total load or lot.	4 points, plus 1/2
	point for each undersized fish

c. 51-100 percent of the total load or lot of salmon.

(i) When there are 3 or less undersized salmon in the total load or lot.	3 points, plus 1/2
	point for each undersized fish
(ii) When there are more than 3 undersized salmon in the total load or lot.	1 point, plus 1 point
	for each fish

2. Take of silver salmon which are unlawfully retained during the closed season for silver salmon but during the open season for king salmon, when such fish comprise (Note: The following points assigned shall be doubled if any part of the load or lot was intentionally hidden by the licensee):

a. 1-25 percent of the total load or lot of silver salmon.

(i) When there are 3 or less silver salmon in the total load or lot. for each silver salmon	1 point, plus 1/2 point
(ii) When there are more than 3 silver salmon in the total load or lot.	3 points, plus 1/2
	point for each silver salmon

b. 26-50 percent of the total load or lot of silver salmon.

(i) When there are 3 or less silver salmon in the total load or lot.	2 points, plus 1/2
	point for each silver salmon
(ii) When there are more than 3 silver salmon in the total load or lot.	4 points, plus 1/2
	point for each silver salmon

c. 51-100 percent of the total load or lot of silver salmon.

(i) When there are 3 or less silver salmon in the total load or lot.	3 points, plus 1/2
	point for each silver salmon
(ii) When there are more than 3 silver salmon in the total load or lot.	1 point, plus 1 point
	for each silver salmon
3. Take of salmon during closed salmon season.	5 points
4. Take of salmon within a closed area.
a. When the vessel is found fishing within one mile inside the closure boundary.	2 points
b. When the vessel is found fishing within more than one mile inside the closure boundary.	5 points
5. Transfer of salmon from nonpermitted vessel to a permitted vessel.	10 points
6. Use of more than six wires or lines.	10 points
7. Use of barbed hooks: for each 5 hooks or portion thereof.	1 point
8. Take of salmon; no valid commercial license in possession.	2 points, plus
	purchase of required license
9. Take of salmon; no valid commercial salmon vessel permit in possession.	10 points
10. Take of salmon; no valid commercial fishing salmon stamp in possession.	2 points, plus
	purchase of required stamps
11. Failure to document landing.	2 points
12. Any other commercial salmon fishing violation.	1 point

(B) PRIOR VIOLATIONS.

1. For each prior conviction of the licensee within the past three years for violations of the laws or regulations pertaining to the commercial take of salmon, the following additional points shall be assessed:

a. For one prior conviction for a violation of the commercial salmon fishing laws or regulations within the past three years, the accumulative point score shall be doubled to determine the total point score.

b. For two prior convictions for violations of the commercial salmon fishing laws or regulations within the past three years, the accumulative point score shall be tripled to determine the total point score.

c. The provisions of this section regarding compromise settlement agreements shall not apply to any person who has been convicted of three or more convictions, as defined in this section, of the commercial salmon laws or regulations within the past three years or if action is brought to recover civil damages under Section 2014 of the Fish and Game Code from the person subject to action under this section.

(2) All monetary penalties for compromise agreements for points assigned under subsection (a)(2)(A)1. through (a)(2)(A)7. are resource oriented and, therefore, all monetary penalties assessed under these subsections shall be deposited by the Department into the special account established by Section 7861 of the Fish and Game Code. All other monetary penalties assessed under this section shall be deposited by the Department to the Fish and Game Preservation Fund.

Cal. Code Regs. Tit. 14, § 167

1. New section filed 6-9-87; operative 7-9-87 (Register 87, No. 24). For prior history, see Register 81, No. 43.
2. Amendment of subsections (a)(1), (a)(3), (a)(4) and NOTE filed 1-15-92; operative 2-14-92 (Register 92, No. 12).

Note: Authority cited: Sections 8246 and 8246.2, Fish and Game Code. Reference: Sections 8246 and 8246.2, Fish and Game Code.