General Provisions
Cal. FGC § 12006.6
California Statutes
Notwithstanding
Section or 12002.8, and in addition to
Section 12009, and notwithstanding the type of fishing license or permit held, if any person is convicted of a violation of
Section or 5521.5, and the offense occurs in an area closed to the taking of abalone for commercial purposes, and the person takes or possesses more than abalone at one time or takes abalone in excess of the annual bag limit, that person shall be punished by all of the following: (
a) A fine of not less than fifteen thousand dollars ($15,000) or more than forty thousand dollars ($40,000). (
b) The court shall order the department to permanently revoke, and the department shall permanently revoke, the commercial fishing license and any commercial fishing permits of that person. The person punished under this subdivision shall not, thereafter, be eligible for any license or permit to take or possess fish for sport or commercial purposes, including, but not limited to, a commercial fishing license or a sport fishing or sport ocean fishing license. Notwithstanding any other provision of law, the commercial license or permit of a person arrested for a violation punishable under this
section may not be sold, transferred, loaned, leased, or used as security for any financial transaction until disposition of the charges is final. (
c) Any vessel, diving or other fishing gear or apparatus, or vehicle used in the commission of an offense punishable under this
section shall be seized, and shall be ordered forfeited in the same manner prescribed for nets or traps used in violation of this code, as described in
Article 3 (commencing with
Section 8630) of
Chapter of Part of Division 6, or in the manner prescribed in
Section 12157. (
d) Not less than percent of the revenue deposited in the Fish and Game Preservation Fund from fines and forfeitures collected pursuant to this
section shall be allocated for the support of the Special Operations Unit of the Wildlife Protection Division of the department and used for law enforcement purposes.