Opinion No. (1998)

DANIEL E. LUNGREN Attorney General ANTHONY M. SUMMERS Deputy Attorney General THE HONORABLE DON PERATA, MEMBER OF THE CALIFORNIA ASSEMBLY, has requested an opinion on the following questions: 1. Does a commercial salmon vessel permit constitute personal property of the permit holder so as to allow its sale without transfer of the vessel owned by the permit holder? 2. Does the Department of Fish and Game's refusal to renew a commercial salmon vessel permit if the renewal application is received or postmarked after the expiration of the permit violate the constitutional due process rights of the permit holder? 3. May the holder of an expired commercial salmon vessel permit appeal to the Fish and Game Commission for reinstatement of the permit? CONCLUSIONS 1. A commercial salmon vessel permit does not constitute personal property of the permit holder so as to allow its sale without transfer of the vessel owned by the permit holder. 2. The Department of Fish and Game's refusal to renew a commercial salmon vessel permit if the renewal application is received or postmarked after the expiration of the permit does not violate the constitutional due process rights of the permit holder. 3.…