Vessel Retail Guide for Northern California Fishermen

Editors:

Robert J. Price and Pamela D. Tom
University of California
Food Science & Technology Department
One Shields Avenue
Davis, CA 95616

Contributors:

UCSGEP 99-2W      June 1999
Updated: 4/17/00

This work is sponsored in part by NOAA, National Sea Grant College Program, Department of Commerce, under grant numberNA66RG0477, project number A/EA-1, through the California Sea Grant College Program, and in part by the California State Resources Agency. The U.S. Government may reproduce and distribute reprints for governmental purposes.

The University of California does not discriminate in any of its policies, procedures, or practices. The University is an affirmative action/equal opportunity employer.

• INTRODUCTION
• STATE REQUIRED PERMITS
• COUNTY REQUIRED PERMITS
• CITY HALL REQUIRED PERMITS
• INDIVIDUAL COUNTY AND LOCAL REQUIREMENTS
• Del Norte County
• Humboldt County
• Marin County
• Mendocino County
• San Francisco County
• San Mateo County
• Sonoma County
• CCDEH "Guidelines for Retail Fish Sales from Commercial Fishing Vessels"
• ADDITIONAL RESOURCES
• California Department of Fish and Game Offices
• California Fish Councils
• Publications
• Fish Sale Policy Comparison of Northern California Harbors
• ACKNOWLEDGMENTS

As fishermen look for avenues beyond wholesale buyers to sell their catch, direct sales to consumers have increased in popularity in recent years. This guide discusses permits and guidelines for commercially licensed fishermen who want to sell their own fresh catch from their vessel directly to the ultimate consumer in selected Northern California coastal counties (from San Mateo to Del Norte). Future guide revisions will include additional California coastal counties, harbors/marinas and policies as they become available.

This guide does not apply to wholesale operations (e.g., sales intended for restaurants, markets or resales). This publication presumes that you possess a commercial fishing license and the appropriate fishing permits issued by the California Department of Fish and Game (CDFG). For information on fishing licenses and permits, contact the  CDFG.

This guide focuses on fresh seafood. It does not apply to seafood that is cooked or processed (such as smoked, canned, frozen -- except tuna, dried, steaked, filleted, or pinbone removed) which require a health permit. If you have harvested other seafood (e.g., octopus, sea cucumbers, squid, mussels, etc.) or live crab, you will need to check with the local county environmental health department and harbor masters for ordinances affecting their sale.

Selling directly to consumers requires careful thought to certain issues: regulations, licenses, cold storage, price monitoring, packaging, sales location, advertising and time away from fishing. As an economic venture, you should carefully consider if it is to your advantage to sell your catch the commercial route (via fish receivers, wholesalers or processors) or directly to the consumer.

Depending in which county you direct market your catch, there may be license, tax, inspection, health code and reporting requirements that you need to follow.

There are state (California Department of Fish and Game, California Department of Health Services and Department of Food and Agriculture – Division of Measurement Standards), county (Environmental Health Department, and Agriculture Department or Weights and Measures), and municipal (city, and harbor district) regulations and requirements. The county and municipal requirements may vary from each location.

Keep in mind that agencies revise their regulations and fees. You are advised to contact the agencies below to find out if there are changes that affect you and request information on updated regulations. 

California Department of Fish and Game
Marine Region Headquarters
20 Lower Ragsdale Drive, Suite 100
Monterey, CA 93940   Phone: 831/649-2870   Fax: 831/649-2894
Web: http://www.dfg.ca.gov/dfghome.html

As a commercial fisherman selling all, or a portion of your own catch directly to the ultimate consumer from your vessel, you are required to purchase a fisherman’s retail license ($50) from CDFG. With the retail license, you cannot engage in any other activities (i.e., wholesaling, processing, receiving or importing) unless you are also licensed for these activities.

As the licensed commercial fisherman retailer (on the vessel) sells his/her catch to the ultimate consumer (on the dock) all fish must  be receipted for via a fish landing receipt.  Fish and Game Code (FGC) Section 8043.2 provides for making the receipt in either of the following ways:

1) For each individual sale by that fisherman at the time of the sale.
2) For each day that the fisherman is engaged in one or more sales to the ultimate consumers, the fisherman shall maintain an accurate tally sheet of sales, which shall include complete header and signature box information filled out prior to any sales, and the number of pounds by species of fish sold.  The total of the daily sales shall be recorded at the completion of sales for that day on a landing a receipt.  A copy of the completed tally sheet shall be attached to the corresponding landing receipt.  The original completed tally sheet shall be attached to the fisherman's copy of the corresponding landing receipt and maintained for a period of four years.

A tally sheet is only applicable when a fiserhman remains on the vessel and sells his/her catch to the ultimate consumer on the dock.  A tally sheet is not applicable to farmers' market sales; individual receipts must be issued at the time of sale.

The FGC Section 8043 requires fish to be receipted for at the time they are offloaded from a fishing vessel.  If a fisherman retailer offloads his/her fish prior to selling the fish,  the fish  must  be weighed, and a fish landing receipt must be filled out at the time the fish are offloaded.

As a licensed Fisherman Retailer, you must also report and remit fish landing taxes on all fish sold directly to the public. The CDFG will place your name on a listing to start receiving a monthly fish landing tax return at the time you purchase a Fisherman’s Retail license. If for any reason you do not receive the monthly tax return via mail, blank returns can be obtained from CDFG regional offices. Remittance instructions are included on each tax return. Fish landing receipt books can only be obtained from the CDFG’s Marine Fisheries Statistics Unit (330 Golden Shore, Suite 50, Long Beach, CA 90802 Phone: 562/590-5160 Fax: 562/590-4818). For fish receipting procedures, consult your local F&G office.

Furthermore, as a licensed fisherman retailer, you must also report and remit fish landing taxes by submitting a Monthly Fish Landing Tax Report Form (FG 143) to the CDFG. The tax report forms are available from the CDFG’s Audits Branch (1807 13th Street, Sacramento, CA 95814 Phone: 916/323-1624 Fax: 916/323-1626).

California Department of Food and Agriculture
Division of Measurement Standards
8500 Fruitridge Road
Sacramento, CA 94826   Phone: 916/229-3000   Fax: 916/229-3026
Web: http://www.cdfa.ca.gov/measurement/measure-sum.htm

You must sell fish by weight; selling fish by the piece is not allowed. The weight of the fish must be determined at the time of sale, using a type approved and sealed scale, unless the fish is packed in a package or container and bearing a net weight label that is in conformance with the Fair Packaging and Labeling Act (California Business and Professions Code, Section 12024.5). Any person buying the fish is entitled to a receipt (Code of Civil Procedure, Section 2075).

The scale indications, and weighing operation, must be readily accessible and clearly readable to both you and the buyer, at the time of sale. (California Business and Professions Code, Section 12510 (a)(6)).

It is unlikely that you will find these type approved scales in your local hardware store, but they are available from reputable scale dealers. Prior to purchasing or using a scale, ask a dealer or the scale manufacturer for the current type approval number of the scale and a copy of the type approval. This will ensure that the scale is suitable for its intended use and type approved for commercial use in California (California Business and Professions Code, Section 12500.5).

Call your local County Department of Agriculture/Weights and Measures office for additional type approval information and to have the scale tested and sealed (California Business and Professions Code, Section 12501.1). In some counties you may take the scale to their office for testing or arrange for an inspector to come out and test the scale. You may have to pay a fee to the county to register the scale (a device registration fee).

California Department of Health Services
Department of Health Services
Food and Drug Branch
601 N. 7^th St.
P.O. Box 942732 MS-354
Sacramento, CA 94234   Phone: 916/445-2263   Fax: 916/322-6326
Web: http://www.dhs.cahwnet.gov/ps/fdb/

The California Uniform Retail Food Facilities Law (CURFFL), Health and Safety Code Section 113700-114475, is implemented by the County Environmental Health Department. Selling from the boat may fall under the Mobile Food Facilities section of the Law (Health and Safety Code Section 114250-114282) which has minimum standards for equipment, sanitation, and operation. Fishing boats do not generally meet these standards (e.g., they do not have three compartment sinks, handwash sinks, janitorial sinks, sanitizers, etc.). The California Conference of Directors of Environmental Health (CCDEH) realizes that fishing vessels may not meet all the state health code requirements. To assist commercial fishermen, the CCDEH has developed "Guidelines for Retail Fish Sales from Commercial Fishing Vessels."

As of January 1, 2000, AB 1978 (written by Campbell in 1998) requires that every food establishment, catering truck, and commissary that handles unpackaged food must have an owner or employee who has been certified as knowledgable in food safety. Counties vary on their enforcement and interpretation of this food safety certification* bill for vessel retail operations.
*Requires Adobe Acrobat Reader to view.

Health Permit: Each county Environmental Health Department enforces the California Uniform Retail Food Facilities Law, which regulates the retail sale of food for human consumption. A county has the option of issuing either no permit, or a single vessel permit to commercial fishermen who want to sell their own catch directly to consumers. To clarify and standardize Environmental Health Department inspections among the counties, the CCDEH "Guidelines for Retail Fish Sales from Commercial Fishing Vessels"  have been developed.

Weights and Measures Device Registration and Seal: You may have to pay a device (scale) registration fee and your scale must be type approved and inspected in order to be sealed by the County Department of Agriculture/Weights and Measures. Call your local County Department of Agriculture/Weights and Measures office to set up an appointment to have your scale tested and sealed and to pay any required registration fee. A device with a current seal is typically recognized across county lines; however, the fisherman is required to notify the County Department of Agriculture/Weights and Measures office in which the device is being used. 

Business License: If you sell your catch within incorporated city limits, you may be required to have a business operator’s license. When you apply for a business license, you may be asked to describe your business plans (e.g., how you operate your business). 

Del Norte County

County Information:

Harbor/Marina Information:
                    In Crescent City Harbor, there are no harbor guidelines except that only tuna is
                    allowed to be sold from the boat.
                                        Crescent City Harbor
                                        101 Citizens Dock Road
                                        Crescent City, CA 95531   Phone: 707/464-6174

Humboldt County

County Information:
                    No business license required for locally based vessels at Woodley Island, Fields
                    Landing and King Salmon. For transient fishermen a special license is required;
                    application fee is $15, plus $7.50 (for either a one- time event or per quarter), or plus
                    $30/year fee. (The total fees are either $22.50 or $45.00.)
                                        Humboldt County Treasurer-Tax Collector
                                        825 Fifth Street, Room 125
                                        Eureka, CA 95501   Phone: 707/445-7331

County Information:

County Information:

A business license is required for unincorporated areas. There is an initial application fee of $35. The business license fee is $9/ quarter, or $30/year. If the applicant is an honorably discharged veteran, the fee is waived.
                 Mendocino County Treasurer/Tax Collector Office
                    501 Low Gap Road #1060
                    Ukiah, CA 95482   Phone: 707/463-4321

                    Noyo Mooring Basin is in an unincorporated area.

Harbor/Marina Information:

                    A business license ($30) is required.
                                        Pt. Arena City Hall
                                        451 School Street
                                        P.O. Box 67
                                        Pt. Arena, CA 95468   Phone: 707/882-2122
                    (Hours of operation: Monday, Tuesday and Thursday, 9-11 AM and 1-3 PM.)

Harbor/Marina Information:

San Francisco County

County/City Information: