CHAPTER 2. Particular Varieties of Fish [8140. - 8599.4.]
Chapter 2 enacted by Stats. 1957, Ch. 456.
§§ 8140–8599.4 · 223 sections
ARTICLE 1. General Season § 8140 · 1 section
- § 8140 All fish, the taking of which is not otherwise restricted for commercial purposes, by state or federal law or any regulations adopted pursuant to those laws,…
ARTICLE 2. Sardines §§ 8150.5–8154 · 3 sections
- § 8150.5 (a) Sardines may not be taken or possessed on any boat, barge, or vessel except pursuant to Section 8150.7. (b) This section does not prohibit the possession…
- § 8150.7 It is the intent of the Legislature that the sardine resource be managed with the objective of maximizing the sustained harvest. The department shall manage…
- § 8154 No person shall receive, possess, or sell sardines for any purpose except for that purpose specified on the fish receipt completed at the time of landing of…
ARTICLE 3. Anchovies §§ 8180–8190 · 5 sections
- § 8180 In any district or part of a district lying south of a line drawn east and west through Point Mugu, anchovies may be taken in any quantity for bait or for…
- § 8181 Anchovies taken south of that line in waters not less than three nautical miles from the nearest point of land on the mainland shore, and anchovies taken north…
- § 8182 The operator of a boat engaged in taking anchovies in waters south of the line described in Section 8180 shall at all times while operating the boat identify…
- § 8183 (a) No anchovies may be taken for any purpose in Humboldt Bay, except under the following conditions: (1) Anchovies may be taken between May 1 and December 1.…
- § 8190 (a) It is the policy of the State of California that the anchovy resource shall be managed in a manner which insures the continued abundance of the species. To…
ARTICLE 4. Salmon §§ 8210.2–8226 · 8 sections
- § 8210.2 Except as modified by the director pursuant to Section 7652, salmon may be taken under authority of a commercial fishing license and a commercial fishing…
- § 8213 During the period when salmon may not be taken for commercial purposes in any district, salmon may be sold in that district only under the regulations of the…
- § 8214 It is unlawful to take salmon for commercial purposes at the mouth of Humboldt Bay in those portions of Districts 6 and 7 within three nautical miles north and…
- § 8215 Silver salmon may not be sold or possessed in, or transported through, District 6, 7, 10, 11, 16, 17, or 18, during the time when the taking of silver salmon…
- § 8217 Salmon may be sold subject to the exceptions and restrictions contained in this article.
- § 8218 It is unlawful to gaff, club, otherwise injure, or possess any king or silver salmon under the legal size.
- § 8219 Salmon may not be taken for commercial purposes in District 6 at the mouths of the Smith and Klamath Rivers within three nautical miles north and south of a…
- § 8226 (a) Notwithstanding any measurement requirements under this code, and to implement the department’s salmon tagging program, any person in possession of a…
ARTICLE 4.5. Commercial Salmon Vessel Permits §§ 8230–8248 · 31 sections
- § 8230 (a) The Legislature finds and declares that commercial salmon fishing is in the public interest and that the preservation of commercial salmon fishing directly…
- § 8231 The following definitions govern the construction of this article: (a) “Agent” means the person designated in writing by the owner as the owner’s…
- § 8232 It is unlawful to take or possess salmon for commercial purposes on a vessel unless all of the following conditions are met: (a) The vessel is registered with…
- § 8232.5 (a) Except as provided in this section, it is unlawful to take salmon for sport purposes on a permitted vessel. (b) Subdivision (a) does not prohibit taking…
- § 8233 Except as otherwise provided in this article, a permit shall be renewed prior to expiration. Each permit issued by the department shall display the expiration…
- § 8233.3 Except as otherwise provided in this article, the department shall issue a permit, upon application and payment of the renewal fees pursuant to Section 8235,…
- § 8233.4 Except as otherwise provided in this article, the department shall issue a permit, upon payment of the transfer fees pursuant to subdivision (a) of Section…
- § 8233.5 (a) Except as otherwise provided in this article, the department shall change the designation of the holder of a permit to the new owner of a permitted vessel…
- § 8233.8 Except as otherwise provided in this article, the department shall issue a permit to the owner of a commercial salmon fishing vessel that is registered with…
- § 8233.9 Section 8101 does not apply to this article.
- § 8234 (a) The department shall not issue a permit under this article unless one of the following first occurs: (1) The applicant presents to the department a…
- § 8235 (a) The owner of a permitted vessel, or that owner’s agent, may apply for renewal of the permit annually on or before April 30, upon payment of the fees…
- § 8236 (a) The department shall send a written notice of renewal and a permit renewal application to the owner of each currently permitted vessel at the most recent…
- § 8238 (a) On or before January 1, 1991, the department, in consultation with the commercial salmon fishing review board, created pursuant to former Section 8247,…
- § 8238.1 The vessel classification system shall be used by the department for issuance of new original vessel permits pursuant to Section 8243.
- § 8239 A transfer may be approved and a permit issued for use of a replacement vessel pursuant to Section 8241 under all of the following conditions: (a) The vessel…
- § 8239.1 Unless otherwise prohibited, the department shall accept a transfer application within two years after the date that a permitted vessel was lost, stolen, or…
- § 8239.6 A permit issued for the use of a replacement vessel under Section 8241 is valid for the balance of the permit year for which the permit for the use of the…
- § 8240 (a) The department shall not issue a permit for use of a replacement vessel if the permitted vessel was reported as lost, stolen, or destroyed by fraudulent…
- § 8241 The department shall issue the permit for use of a replacement vessel if it determines that the conditions specified in Section 8239 have been satisfied and…
- § 8242 A person seeking to gain entry into the commercial salmon fishery may obtain a permit under either of the following conditions: (a) By legally obtaining the…
- § 8243 (a) If the department determines that the number of permitted vessels is less than 2,500, the department shall determine the number and vessel classification…
- § 8244 (a) An applicant may apply for a new, original permit as an individual, a joint venture, or a corporation. The applicant may submit only one application…
- § 8245 (a) The department shall conduct a drawing from the applicants determined to be eligible for new, original permits pursuant to Section 8244 on the first Friday…
- § 8246 (a) At any time after notice of an order suspending or revoking of a person’s commercial salmon fishing privilege is issued by the commission, and before the…
- § 8246.2 (a) The commission, in consultation with the department, shall adopt regulations for the determination of civil damages provided for in subdivision (a) of…
- § 8246.4 The commission, after notice and opportunity for hearing, shall revoke a commercial salmon vessel permit issued pursuant to this article if the vessel permit…
- § 8246.6 A person whose commercial salmon fishing vessel permit is revoked by the commission or who has been denied a permit transfer may appeal the revocation or…
- § 8246.7 (a) The commission shall reverse an order of revocation, order the permit renewed, or order the approval of a permit transfer only if it finds one of the…
- § 8246.8 The commission and the department may make and enforce regulations that may be necessary or convenient for carrying out any power, authority, or jurisdiction…
- § 8248 If any provision of this article or the application thereof to any person or circumstances is held invalid, that invalidity shall not affect other provisions…
ARTICLE 5. Lobster §§ 8250–8259 · 10 sections
- § 8250 As used in this code, “spiny lobster” refers to the species Panulirus interruptus.
- § 8250.5 (a) Subject to this article and Article 1 (commencing with Section 9000) of Chapter 4, a lobster trap, as described in Section 9010, may be used to take…
- § 8251 Spiny lobsters may be taken only between the first Wednesday in October and the first Wednesday after the 15th of March. Lobster traps may be set and baited 24…
- § 8252 No spiny lobster less than three and one-quarter inches in length measured in a straight line from the rear edge of the eye socket to the rear edge of the body…
- § 8253 It is unlawful to pickle, can, or otherwise preserve any spiny lobster, but spiny lobsters may be preserved by freezing and may be cooked for consumption in…
- § 8254 (a) Lobsters shall not be taken for commercial purposes except under a valid lobster permit issued to that person that has not been suspended or revoked,…
- § 8254.7 When a complaint has been filed in a court of competent jurisdiction charging a holder of a commercial lobster permit with a violation of Section 8251 or 8252,…
- § 8257 The permit number of the person owning or in command of any boat used to take lobster shall be visibly displayed on both sides of the boat in 10-inch black…
- § 8258 Lobster traps may be used to take spiny lobster in Districts 18, 19, 20A, and those portions of District 20 lying on the southerly side of Santa Catalina…
- § 8259 Whenever it is necessary to prevent overutilization or to ensure efficient and economic operation of the fishery, the commission may limit the number of…
ARTICLE 6. Crab §§ 8275–8285 · 24 sections
- § 8275 Unless the provision or context otherwise requires, the definitions in this section govern the construction of this article. (a) “Dungeness crab” or “market…
- § 8276 Except as provided in Section 8276.2 or 8277: (a) Dungeness crab may be taken for commercial purposes in Districts 6, 7, 8, and 9 only between December 1 and…
- § 8276.1 (a) For purposes of this section, the following definitions apply: (1) “California Dungeness Crab Fishing Gear Working Group” means the California Dungeness…
- § 8276.2 (a) The director may order a delay in the opening of the Dungeness crab fishery after December 1 in Districts 6, 7, 8, and 9 in any year. The delay in the…
- § 8276.3 (a) If there is any delay ordered by the director pursuant to Section 8276.2 in the opening of the Dungeness crab fishery in Districts 6, 7, 8, and 9, a vessel…
- § 8276.4 (a) The Ocean Protection Council shall make a grant, upon appropriation of funding by the Legislature, for the development and administration of a Dungeness…
- § 8276.5 (a) In consultation with the Dungeness crab task force, or its appointed representatives, the director shall adopt a program, by March 31, 2013, for Dungeness…
- § 8277 (a) The director may extend the Dungeness crab season in any district or part thereof. (b) Before extending the Dungeness crab season, the director shall…
- § 8278 (a) Except as otherwise provided, no Dungeness crab less than six and one-quarter (61/4) inches in breadth, and no female Dungeness crab, may be taken,…
- § 8279 It is unlawful to sell any Dungeness crab taken in any of the following waters: (a) The Eel River and its tributaries between the Pacific Ocean and the west…
- § 8279.1 (a) A person shall not take, possess onboard, or land Dungeness crab for commercial purposes from a vessel in ocean waters for 30 days after the opening of…
- § 8280 (a) The Legislature finds and declares that the Dungeness crab fishery is important to the state because it provides a valuable food product, employment for…
- § 8280.1 (a) A person shall not use a vessel to take, possess, or land Dungeness crab for commercial purposes using Dungeness crab traps authorized pursuant to Section…
- § 8280.2 (a) The owner of a Dungeness crab vessel, for purposes of this section, may include a person with a bona fide contract for the purchase of a vessel who…
- § 8280.3 (a) For purposes of this section, the term “length overall” means the horizontal distance between the forward-most and after-most points on the hull of a…
- § 8280.4 (a) The commission may revoke the commercial fishing license issued pursuant to Section 7852 of any person owning a fishing vessel engaging in the taking or…
- § 8280.6 (a) The department shall charge a fee for each Dungeness crab vessel permit of two hundred dollars ($200) for a resident of California and four hundred dollars…
- § 8280.7 Notwithstanding Section 8280.1, the owner of a vessel, who has a Dungeness crab vessel permit for that vessel that has not been suspended or revoked, may…
- § 8280.9 Dungeness crab vessel permits are valid only in state waters and in the Pacific Ocean in federal waters south of the border with Oregon.
- § 8281 Crab meat and frozen crab taken during the open season may be possessed, transported, and sold at any time, subject to the regulations of the commission. The…
- § 8282 (a) Subject to this article and Article 1 (commencing with Section 9000) of Chapter 4, and subject to the regulation of the commission authorized under…
- § 8283 Crab traps may be set and baited 64 hours before the opening date of the Dungeness crab season. Crab traps may be set and baited in advance of that opening…
- § 8284 (a) Subject to this article and Article 1 (commencing with Section 9000) of Chapter 4, crab traps, as described in Section 9011, may be used to take Dungeness…
- § 8285 (a) The director may open waters that are otherwise restricted for the commercial take of Dungeness crab or rock crab pursuant to Section 5523 during a time…
ARTICLE 8. Clams and Other Mollusks §§ 8340–8346 · 7 sections
- § 8340 Except as otherwise provided in this article, in Districts 8, 9, and 17, clams may be taken between September 1st and April 30th, and in other districts clams…
- § 8341 All of the species of clams commonly known as littlenecks, chiones and hard-shell cockles, including thin-shelled littleneck, common littleneck, Japanese…
- § 8342 In Districts 11/2, 8, and 9 the bag limit on Washington clams and gapers, sometimes known as bigneck clams, is 25 in the aggregate. In all other districts the…
- § 8343 No northern razor clams (Siliqua patula) may be sold; but if taken outside the State and brought within the State, they may be possessed, transported, and sold…
- § 8344 Mussels (Mytilus californianus) may be taken only in accordance with such regulations as the commission may prescribe.
- § 8345 It is unlawful for any person to sell or purchase any rock scallops (Hinnites multirugosus) or scallops (Pecten circularis), except that scallops cultivated…
- § 8346 It is unlawful for any person to sell or purchase any pismo clams taken in this State.
ARTICLE 9. Salt-water and Anadromous Fish Generally §§ 8370–8403 · 32 sections
- § 8370 (a) Any striped bass, salmon, or sturgeon, if alive, that is taken in any type of net in any district shall be immediately liberated from the net by the…
- § 8371 Striped bass and salmon may be sold or offered for sale only under the following conditions: (a) If the striped bass is taken or possessed by, and is the…
- § 8372 Kelp bass, sand bass, or spotted bass, all of the genus Paralabrax, shall not be sold or purchased, or possessed in any place where fish are purchased,…
- § 8373 No yellowfin croaker, spotfin croaker, or California corbina may be sold or purchased, or possessed in any place where fish are purchased, possessed for sale,…
- § 8374 Yellowfin tuna and bluefin tuna may be taken at any time.
- § 8375 No bluefin tuna weighing less than 71/2 pounds may be sold, purchased, or processed.
- § 8376 Albacore may be taken at any time.
- § 8377 (a) Pacific bonito less than 24 inches fork length or five pounds in weight shall not be taken or possessed on any vessel at any time for any commercial…
- § 8377.5 Pacific bonito shall be measured from the tip of the lower jaw to the center of the fork of the tail fin.
- § 8378 Skipjack may be taken at any time.
- § 8380 (a) Giant seabass (Stereolepis gigas) may not be taken for any purpose, except that not more than one fish per vessel may be possessed or sold if taken…
- § 8381 It is unlawful to take grunion (Leuresthes tenuis) except between June 1st and March 31st.
- § 8382 Barracuda and yellowtail not less than 28 inches in length may be taken with hook and line at any time.
- § 8383.5 It is unlawful to take, possess, sell, or purchase any white sea bass less than 28 inches in length, measured from the tip of the lower jaw to the end of the…
- § 8384 No barracuda or yellowtail less than 28 inches in length may be sold or purchased, except that not more than five barracuda and five yellowtail per day may be…
- § 8385 No person holding a commercial fishing license while on any barge or boat which for hire carries any sport fisherman may take or have in his possession in any…
- § 8386 Barracuda and yellowtail shall be measured from the tip of the lower jaw to the end of the longer lobe of the tail.
- § 8387 From May 1st to August 31st, inclusive, all of the following are unlawful: (a) For any one person to have in his or her possession on any boat, barge, or other…
- § 8388 (a) No female angel shark measuring less than 42 inches in total length or 151/4 inches in alternate length and no male angel shark measuring less than 40…
- § 8388.5 (a) A person shall not take, possess, sell, or purchase for commercial purposes any leopard shark less than 36 inches in total length. (b) Notwithstanding…
- § 8389 (a) Herring eggs may only be taken for commercial purposes under a revocable, nontransferable permit subject to such regulations as the commission shall…
- § 8391 California halibut (Paralichthys californicus) may be taken at any time.
- § 8392 No California halibut may be taken, possessed, or sold that measures less than 22 inches in total length. Total length means the shortest distance between the…
- § 8393 (a) Except where subdivision (b) has been complied with, marlin meat, whether fresh, smoked, canned, or preserved by any means, shall not be bought or sold, or…
- § 8394 Swordfish shall not be taken, possessed aboard a boat, or landed by a person for commercial purposes except under a valid swordfish permit. At least one person…
- § 8394.5 The fee for the permit issued pursuant to Section 8394 is three hundred thirty dollars ($330). This permit fee does not apply to the holder of a valid drift…
- § 8395 (a) Upon the recommendation of the director regarding management measures for surfperch of the family Embiotocidae, the commission may adopt regulations to…
- § 8398 (a) It is unlawful to take fish for commercial purposes in that portion of Tomales Bay in District 10 between a line drawn from the most northern tip of…
- § 8399 North of Point Conception, squid may be taken the year around; however, the commission may adopt regulations specifying the days of the week and the times of…
- § 8399.1 (a) In District 10, it is unlawful to engage in the following activities: (1) Attract squid by a light displayed from any vessel, except a vessel deploying…
- § 8400 (a) California killifish (Fundulus parvipinnis), mudsuckers (Gillichthys mirabilis), and yellowfin gobies (Acanthogobius flavimanus) may only be taken for…
- § 8403 (a) To the extent not in conflict with Section 8607, marine species of fin fish that are classified as groundfish may be taken under the regulations of the…
ARTICLE 9.1. Sea Cucumbers §§ 8405–8405.4 · 5 sections
- § 8405 (a) Sea cucumbers shall not be taken, possessed aboard a boat, or landed by a person for commercial purposes except under a valid sea cucumber permit issued to…
- § 8405.1 (a) Applicants for a sea cucumber permit shall specify by gear type, either trawl or dive, the method in which the applicant intends to take sea cucumbers. The…
- § 8405.2 (a) A valid sea cucumber permit may be transferred by the permittee if the permittee has previously held a valid sea cucumber permit for any four permit years…
- § 8405.3 (a) The commission, upon recommendation of the department or upon its own motion and in consultation with the sea cucumber fishing industry, may adopt…
- § 8405.4 This article shall become inoperative on April 1, 2030, and as of January 1, 2031, is repealed.
ARTICLE 9.5. Pacific Mackerel §§ 8411–8412 · 2 sections
- § 8411 The department shall manage the Pacific mackerel resource in conformance with the federal fishery regulations as recommended by the Pacific Fishery Management…
- § 8412 Pacific mackerel may be taken under a revocable nontransferable permit issued by the department to boat owners or operators under conditions prescribed by the…
ARTICLE 9.7. Market Squid §§ 8420–8429.7 · 7 sections
- § 8420 (a) The Legislature finds and declares that the fishery for market squid (Loligo opalescens) is the state’s largest fishery by volume, generating millions of…
- § 8424 (a) No person shall purchase squid from a vessel or vessels unless that person holds a license issued pursuant to Section 8032 or 8033, employs a certified…
- § 8425 (a) On or before December 31, 2002, the commission, after consideration of the report and recommendations prepared by the department pursuant to subdivision…
- § 8428 Commencing April 1, 2003, and annually thereafter, the fees for a commercial market squid vessel permit and for a commercial squid light boat owner’s permit…
- § 8429 (a) Any statement made to the department, orally or in writing, relating to a permit issued under this article, shall be made under penalty of perjury. (b) The…
- § 8429.5 Notwithstanding any other provision of law, nothing in this article shall prohibit or otherwise limit the authority of the director or the commission under any…
- § 8429.7 Sections 8420.5 to 8423.5, inclusive, and Sections 8426 and 8427 shall become inoperative upon the adoption by the commission of a market squid fishery…
ARTICLE 10. Fresh-water Fish Generally §§ 8430–8438 · 11 sections
- § 8430 Except as otherwise provided in this article, it is unlawful to sell or purchase any species of trout.
- § 8431 Dolly Varden or steelhead trout from without the State may be possessed and sold within the State when they are inspected and tagged in accordance with…
- § 8432 Steelhead trout from without the State may not be sold or possessed in District 11/2 in excess of the daily bag limit on steelhead trout for that district.
- § 8433 Nothing in this article applies to trout grown pursuant to Division 12 (commencing with Section 15000).
- § 8434 It is unlawful to sell or purchase any fresh, canned, or cured fish taken in the Klamath River District or in the waters of the Smith River.
- § 8435 No catfish may be sold, except catfish imported from without the state or catfish grown pursuant to Division 12 (commencing with Section 15000).
- § 8436 Except as provided in Section 8436.5, fish of the family Centrarchidae (Sacramento perch, crappie, black bass, and sunfish) shall not be taken or possessed for…
- § 8436.5 Notwithstanding Section 8436, the commission shall adopt regulations which authorize the importation and sale of dead fish of the family Centrarchidae if the…
- § 8437 The following freshwater fish may be taken for commercial purposes pursuant to regulations adopted by the commission: (a) Threadfin shad (Dorosoma petenense).…
- § 8437.1 The commission may authorize the use of commercial fishing gear and fishing methods to take any fish listed in Section 8437 in those areas of the state…
- § 8438 Notwithstanding Section 200, the commission shall regulate the taking of freshwater clams for commercial purposes.
ARTICLE 11. Fresh-water Fish for Bait §§ 8460–8463 · 4 sections
- § 8460 Any person engaged for profit in the taking, transporting, or selling of live fresh-water fish for bait shall first obtain from the department a live…
- § 8461 The annual license fee for a live freshwater bait fish license is fifty-five dollars ($55) for each person.
- § 8462 A license issued under Section 8460 shall authorize the taking of only golden shiners, fathead minnows and such other species as the department may designate,…
- § 8463 Traps not over 24 inches in greatest length nor more than 12 inches in greatest depth or width, or seines of not over 1/2-inch mesh stretched measure and not…
ARTICLE 12. Crayfish §§ 8490–8492 · 3 sections
- § 8490 The taking of crayfish shall be subject to regulations as prescribed by the commission.
- § 8491 (a) Any allowance for the commercial taking of crayfish in Lake Tahoe or in the Lake Tahoe Basin shall be for the primary purpose of population reduction and…
- § 8492 The department shall take the steps it determines are necessary to prevent overfishing of crayfish in the Sacramento-San Joaquin Delta. Those steps may…
ARTICLE 13. Halibut Trawl Grounds §§ 8494–8497 · 4 sections
- § 8494 (a) Any vessel using bottom trawl gear in state-managed halibut fisheries, as described in subdivision (a) of Section 8841, shall possess a valid California…
- § 8495 (a) The following areas are designated as the California halibut trawl grounds: (1) The ocean waters lying between one and three nautical miles from the…
- § 8496 (a) Unless otherwise specified by the commission pursuant subdivision (b), within the California halibut trawl grounds the following requirements shall apply…
- § 8497 If the director determines that the California halibut resource, or existing fishing operations, within the designated California halibut trawl grounds are in…
ARTICLE 14. Tidal Invertebrates § 8500 · 1 section
- § 8500 Except as otherwise expressly permitted in this chapter, no mollusks, crustaceans, or other invertebrates may be taken, possessed aboard a boat, or landed for…
ARTICLE 14.5. Krill § 8510 · 1 section
- § 8510 It is unlawful to take or land krill of any species of euphausiid for any purpose except scientific research pursuant to regulations adopted by the commission.…
ARTICLE 15. Herring §§ 8550–8559 · 18 sections
- § 8550 Herring may be taken for commercial purposes only under a permit, subject to regulations adopted by the commission. The commission may, whenever necessary to…
- § 8550.5 (a) A herring net permit granting the privilege to take herring with nets for commercial purposes shall be issued to licensed commercial fishermen, subject to…
- § 8552 (a) It is unlawful to take herring for roe on a vessel unless the operator holds a herring permit issued by the department pursuant to commission regulations.…
- § 8552.1 The commission, in consultation with the department and representatives of the commercial roe herring fishery, and after holding at least one public hearing,…
- § 8552.2 Notwithstanding Section 1052, a herring permit may be transferred from a herring permitholder to a nonpermitholder having a minimum of 20 or more herring…
- § 8552.3 The commission may, in consultation with representatives of the commercial herring roe fishery, and after holding at least one public hearing, adopt…
- § 8552.4 Herring permits that are revoked or not renewed may be offered by the department for a drawing to persons having 20 or more experience points in the fishery on…
- § 8552.5 The commission shall revoke any herring permit if the holder of the herring permit was convicted of failing to report herring landings or underreported herring…
- § 8552.6 (a) Notwithstanding Section 8552, a herring permit may be issued to two individuals if one of the following criteria is met: (1) The individuals are married to…
- § 8552.65 (a) Upon the death of a herring permittee, the permit shall vest in the permittee’s estate or in the surviving community estate, and may be transferred by the…
- § 8552.7 The department shall reissue a herring permit which has been transferred pursuant to Section 8552.2 or 8552.6 upon payment of a transfer fee by the transferee…
- § 8552.8 (a) For purposes of this article, the experience points for a person engaged in the herring roe fishery shall be based on the number of years holding a…
- § 8553 The commission may make and enforce such regulations as may be necessary or convenient for carrying out any power, authority, or jurisdiction conferred under…
- § 8554 The commission, in adopting regulations for the commercial herring fishery, shall provide for the temporary substitution of a permittee to take herring, if the…
- § 8555 The director shall periodically meet and confer with representatives of the commercial herring roe fishery to review regulations and policies of the commission…
- § 8556 Notwithstanding any other provision of law, the commission shall determine, by regulation, if drift or set gill nets may be used to take herring for commercial…
- § 8557 Notwithstanding any other provision of law, the commission shall determine if round haul nets may be used to take herring in Districts 12 and 13 and the…
- § 8559 The commission, in determining experience requirements for new entrants into the herring fishery after January 1, 1987, shall require that any person seeking a…
ARTICLE 16. Drift Gill Net Shark and Swordfish Fishery §§ 8561–8583.5 · 22 sections
- § 8561 (a) Notwithstanding Section 8394, shark and swordfish shall not be taken for commercial purposes with drift gill nets except under a valid drift gill net shark…
- § 8561.5 (a) Notwithstanding Section 8102 or any other law, a permit issued pursuant to Section 8561 may not be transferred. (b) This section shall become operative on…
- § 8562 Applications delivered to a department office after April 30, or if mailed, postmarked after April 30, shall not be accepted unless approved by the commission…
- § 8563 (a) Except as provided in subdivision (b), the permittee shall be aboard the vessel and shall be in possession of a valid drift gill net shark and swordfish…
- § 8564 When the permittee applies for a drift gill net shark and swordfish permit, the permittee shall specify the vessel he or she will use in operations authorized…
- § 8567 The fee for a drift gill net shark and swordfish permit shall be three hundred thirty dollars ($330).
- § 8568 Drift gill net shark and swordfish permits shall be issued to any prior permittee who possesses a valid drift gill net shark and swordfish permit issued…
- § 8568.5 Any person holding a valid drift gill net shark and swordfish permit on or after January 1, 2000, who did not make, on or after January 1, 2000, the minimum…
- § 8569 The commission may establish conditions for the issuance of a permit if the person’s drift gill net shark and swordfish permit was revoked during a preceding…
- § 8573 Drift gill nets may be used to take shark and swordfish under the permit provided in this article, subject to Section 8610.3 and all of the following…
- § 8574 (a) Drift gill nets with mesh size less than 14 inches in stretched mesh shall not be used to take shark and swordfish by permittees operating under a drift…
- § 8575 Drift gill nets used to take shark and swordfish under the permit provided in this article shall not be used under the following circumstances: (a) From May 1…
- § 8575.5 Drift gill nets used to take shark and swordfish under the permit provided in this article shall not be used in the following areas: (a) Within 12 nautical…
- § 8576 (a) Drift gill nets shall not be used to take shark or swordfish from February 1 to April 30, inclusive. (b) Drift gill nets shall not be used to take shark or…
- § 8576.5 Thresher shark taken with drift gill nets shall not have the pelvic fin severed from the carcass until after the shark is brought ashore.
- § 8577 Notwithstanding Section 8394, the director may close the drift gill net shark and swordfish fishery, the swordfish harpoon fishery, or any area where either or…
- § 8579 (a) A permittee shall be subject to the provisions of this article whenever the permittee is using a drift gill net, unless the permittee has surrendered his…
- § 8580 It is unlawful for any permittee to sell swordfish taken by him or her to other than the persons described in Section 8032 or 8033.
- § 8581 Any license issued pursuant to Sections 8032 to 8036, inclusive, may be revoked or suspended by the commission, when requested by the department, upon a…
- § 8582 (a) The Legislature finds and declares that the intent of this article is not to permit or encourage the taking of marlin for commercial purposes. (b) It shall…
- § 8583 (a) By March 31, 2020, the department shall establish a program to transition the holders of drift gill net permits issued pursuant to Section 8561 out of the…
- § 8583.5 This article does not create or recognize a property right in fish expected to be caught using a permit issued pursuant to Section 8561.
ARTICLE 17. Nearshore Fisheries Management Act §§ 8585–8589.7 · 9 sections
- § 8585 This article shall be known and may be cited as the Nearshore Fisheries Management Act.
- § 8585.5 The Legislature finds and declares that important commercial and recreational fisheries exist on numerous stocks of rockfish (genus Sebastes), California…
- § 8586 The following definitions govern the construction of this article: (a) “Nearshore fish stocks” means any of the following: rockfish (genus Sebastes) for which…
- § 8586.1 Funding to pay the costs of this article shall be made available from the revenues deposited in the Fish and Game Preservation Fund pursuant to Sections 8587,…
- § 8587 Any person taking, possessing aboard a boat, or landing any species of nearshore fish stock for commercial purposes shall possess a valid nearshore fishery…
- § 8587.1 (a) The commission may adopt regulations as it determines necessary, based on the advice and recommendations of the department, to regulate nearshore fish…
- § 8589 Funding to prepare the plan pursuant to subdivision (d) of Section 7072 and any planning and scoping meetings shall be derived from moneys deposited in the…
- § 8589.5 The commission shall temporarily suspend and may permanently revoke the nearshore fishing permit of any person convicted of a violation of this article. In…
- § 8589.7 (a) Fees received by the department pursuant to Section 8587 shall be deposited in the Fish and Game Preservation Fund to be used by the department to prepare,…
ARTICLE 18. Prawns and Shrimp §§ 8590–8595 · 5 sections
- § 8590 For the purposes of this article, “prawns” or “shrimp”, or both, include all of the following species: (a) Spot prawn (Pandalus platyceros). (b) Ridgeback…
- § 8591 Prawns or shrimp may be taken for commercial purposes under the regulations of the commission.
- § 8593 Except as provided in this article, prawns or shrimp may be taken in any waters of the state.
- § 8594 From Point Conception south to the Mexican border, prawns or shrimp may be taken with prawn or shrimp traps only in waters 50 fathoms or greater in depth.
- § 8595 (a) Prawns or shrimp may be taken for commercial purposes with a trawl net, subject to Article 10 (commencing with Section 8830) of Chapter 3, or in either a…
ARTICLE 19. Marine Aquaria Pets §§ 8596–8598.6 · 7 sections
- § 8596 The following definitions govern the construction of this article: (a) “Marine aquaria pet trade” means any activities connected with collecting, holding,…
- § 8597 (a) It is unlawful for any person to take, possess aboard a boat, or land for marine aquaria pet trade purposes any live organisms identified in subdivision…
- § 8598 (a) Notwithstanding Section 8140 or subdivision (b) of Section 8597, specimens of the following groups or species shall not be taken, possessed aboard a boat,…
- § 8598.2 (a) Marine organisms identified in subdivision (a) of Section 8597 shall not be taken except by the following methods: (1) Hook and line. (2) Drop net. (3) Dip…
- § 8598.3 (a) The fee for a marine aquaria collector’s permit shall be three hundred thirty dollars ($330). (b) A person engaged in taking, possessing, or landing marine…
- § 8598.4 Notwithstanding any other provision of this code, the director may close any portion of the fishery established under this article or any area in which this…
- § 8598.6 Notwithstanding Section 12000, a violation of this article or any regulation adopted thereunder is punishable by a fine of not less than two thousand dollars…
ARTICLE 20. White Sharks and Basking Sharks §§ 8599–8599.4 · 3 sections
- § 8599 (a) It is unlawful to take any white shark (Carcharodon carcharias) for commercial purposes, except under permits issued pursuant to Section 1002 for…
- § 8599.3 The department shall cooperate, to the extent that it determines feasible, with appropriate scientific institutions to facilitate data collection on white…
- § 8599.4 The commission may adopt regulations to manage basking sharks. A basking shark may not be taken commercially unless the commission adopts regulations for that…