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State
California
FGC Sec 7256-7400 Particular Varieties of Fish SPORT FISHING (Fish)


FISH AND GAME CODE
SECTION 7256-7400





7256. Spiny lobster may not be taken under a sport fishing license
except by use of a hoop net or by hand.


7260. (a) The Legislature finds and declares that California has
the greatest biodiversity of native trout species of any state in the
nation. Trout can be found in more than 18,000 miles of California'
s cooler streams. California's trout are the principal sport fish in
3,581 cold-water lakes and reservoirs.
(b) The commission may designate "Heritage Trout Waters" to
recognize the beauty, diversity, historical significance, and special
values of California's native trout. The commission's designation
shall meet both of the following criteria:
(1) Only waters supporting populations that best exemplify
indigenous strains of native trout within their historic drainages
may qualify for designation.
(2) Only waters providing anglers with an opportunity to catch
native trout consistent with the conservation of the native trout may
qualify for designation.



7261. The following are native California trout:
(a) Coastal cutthroat trout.
(b) Lahontan cutthroat trout.
(c) Paiute cutthroat trout.
(d) Coastal rainbow trout/steelhead.
(e) Eagle Lake rainbow trout.
(f) Kern River rainbow trout.
(g) Goose Lake redband trout.
(h) McCloud River redband trout.
(i) Warner Valley redband trout.
(j) Little Kern golden trout.
(k) California golden trout.

7290. No pismo clam not in the shell may be possessed, except when
it is being prepared for immediate consumption.

7332. No instrument capable of being used to dig clams may be
possessed between one-half hour after sunset and one-half hour before
sunrise, on any beach of this State, except tools and implements
used in the work of cleaning, repairing, or maintaining such beach
when possessed by a person authorized by appropriate authority to
perform such work.

7350. Giant seabass (Stereolepis gigas) may not be taken under a
sport fishing license except by hook and line when engaged in the
taking of other fish.
This section, and any regulations of the commission relating
thereto, shall supersede Section 2353.

7360. (a) A person shall not sport fish in the tidal waters of the
San Francisco Bay Delta and the main stem of the Sacramento and San
Joaquin Rivers, including major tributaries, below the most
downstream dam, unless he or she first obtains, in addition to a
valid California sport fishing license and any applicable stamp or
validation issued pursuant to Section 7149 or 7149.05, a Bay-Delta
Sport Fishing Enhancement Stamp or validation and affixes that stamp
or validation to his or her valid California sport fishing license.
Any person issued a sport fishing license pursuant to paragraph (4)
or (5) of subdivision (a) of Section 7149 or paragraph (4) or (5) of
subdivision (a) of Section 7149.05 is not subject to this division.
(b) The commission may modify, by regulation, the geographic
parameters specified in subdivision (a).
(c) The department or an authorized license agent shall issue a
Bay-Delta Sport Fishing Enhancement Stamp or validation upon payment
of a base fee of five dollars ($5), in the 2004 license year, which
shall be adjusted annually thereafter pursuant to Section 713.



7361. Fees received by the department pursuant to Section 7360
shall be deposited in a separate account in the Fish and Game
Preservation Fund. The department shall expend the funds in that
account for the long-term, sustainable benefit of the primary
Bay-Delta sport fisheries, including, but not limited to, striped
bass, sturgeon, black bass, halibut, salmon, surf perch, steelhead
trout, and American shad. Funds shall be expended to benefit sport
fish populations, sport fishing opportunities, and anglers within the
geographic parameters established in Section 7360, and consistent
with state and federal Endangered Species Act requirements and
applicable commission policies. It is the intent of the Legislature
that these funds be used to augment, not replace, funding that would
otherwise be allocated to Bay-Delta sport fisheries from the sale of
fishing licenses, the California Bay-Delta Authority, or other
federal, state, or local funding sources.



7362. (a) The director shall appoint a Bay-Delta Sport Fishing
Enhancement Stamp Fund Advisory Committee, consisting of nine
members. The committee members shall be selected from names of
persons submitted by anglers and associations representing Bay-Delta
anglers of this state and shall serve at the discretion of the
director for terms of not more than four years. The director shall
appoint persons to the committee who possess experience in subjects
with specific value to the committee and shall attempt to balance the
perspective of different anglers.
(b) The advisory committee shall recommend to the department
projects and budgets for the expenditure of revenue received pursuant
to Section 7360. The department shall give full consideration to
the committee's recommendations.
(c) The department shall submit to the committee, at least
annually, an accounting of funds derived from the Bay-Delta Sport
Fishing Enhancement Stamps and validations, including the number of
stamps and validations sold, funds generated and expended, and the
status of programs funded pursuant to this article. In addition, the
department shall report, at least annually, to the committee on the
status of projects undertaken with funds from that stamp or
validation, including reporting the department's reasoning in cases
where committee recommendations are not followed.



7363. This article shall remain in effect only until January 1,
2009, and as of that date is repealed, unless a later enacted statute
that is enacted before January 1, 2009, deletes or extends that
date.

7370. Except as provided in Section 7230 or 8371, it is unlawful to
buy or sell, or to offer to buy or sell, a whole sturgeon, or any
part thereof, including eggs, or to possess sturgeon, or parts
thereof, including eggs, in any place where fish are bought,
possessed for sale, or sold, or where food is offered for sale, or in
any truck or other conveyance operated by or for a place so selling
or possessing fish.

7380. (a) In addition to a valid California sport fishing license
and any applicable sport license stamp issued pursuant to this code,
after January 1, 1993, a person taking steelhead trout in inland
waters shall have in his or her possession a valid nontransferable
steelhead trout catch report-restoration card issued by the
department. The cardholder shall record certain fishing information
on the card as designated by the department. The information shall
immediately be recorded whenever the cardholder finishes fishing for
the day, moves to another river or stream, or retains steelhead
trout. The cardholder shall return the card to the department on a
schedule or date established by the department.
(b) The base fee for the card shall be five dollars ($5) for the
2004 license year, which shall be adjusted annually thereafter
pursuant to Section 713. The funds received by the department from
the sale of the card shall be deposited in the Fish and Game
Preservation Fund and shall be available for expenditure upon
appropriation by the Legislature. The department shall maintain the
internal accountability necessary to ensure that all restrictions and
requirements pertaining to the expenditure of these funds are met.
(c) The commission shall adopt regulations necessary to implement
this section. These regulations shall include, but not be limited
to, procedures necessary to obtain appropriate steelhead trout
resources management information, a requirement that the card contain
a statement explaining potential uses of the funds received as
authorized by Section 7381, and a requirement that the cards be
returned to the department.


7381. (a) Revenue received pursuant to Section 7380 may only be
expended, upon appropriation by the Legislature, to monitor, restore,
or enhance steelhead trout resources consistent with Sections 6901
and 6902, and to administer the catch report-restoration card
program. The department shall submit all proposed expenditures,
including proposed expenditures for administrative purposes, to the
Advisory Committee on Salmon and Steelhead Trout for review and
comment prior to submitting a request for inclusion of the
appropriation in the annual Budget Bill. The committee may recommend
revisions in any proposed expenditure to the Legislature and the
commission.
(b) The department shall report to the Legislature on or before
July 1, 2007, regarding the implementation of the catch
report-restoration card program, the projects undertaken using
revenues derived pursuant to that program, the benefits derived, and
its recommendation regarding whether the catch report-restoration
card requirement should be continued.



7382. This article shall become inoperative on July 1, 2007, and,
as of January 1, 2008, is repealed, unless a later enacted statute
that is enacted before January 1, 2008, deletes or extends the dates
on which it becomes inoperative and is repealed.

7400. (a) The director shall appoint a Recreational Abalone
Advisory Committee consisting of nine members who shall serve without
compensation. The members of the advisory committee shall be
selected as follows:
(1) Six members who are not officers or employees of the
department. The six members shall be residents of California and
meet the following requirements:
(A) Two members shall reside north of the southern boundary line
of Marin County and a line extending due east from the easternmost
point of Marin County located in San Pablo Bay. The two members
shall be selected from nominations submitted by the Northern
California Shellfish Assessment Program or by individuals or
organizations that actively participate in the recreational abalone
fishery, except that not more than one of the members selected shall
be an active or former commercial abalone diver or involved in
commercial seafood processing or marketing.
(B) Two members shall reside south of the southern boundary line
of Marin County and a line extending due east from the easternmost
point of Marin County located in San Pablo Bay and north of the
boundary between Santa Barbara and San Luis Obispo Counties and a
line extending due east from the easternmost point in that boundary
line. The two members shall be selected from nominations submitted
by the Central California Council of Divers, the Southern California
Shellfish Assessment Program, the Northern California Shellfish
Assessment Program, or by individuals or organizations that actively
participate in the recreational abalone fishery, except that not
more than one of the members selected shall be an active or former
commercial abalone diver or involved in commercial seafood processing
or marketing.
(C) Two members shall reside south of the boundary between Santa
Barbara and San Luis Obispo Counties and a line extending due east
from the easternmost point in that boundary line. The two members
shall be selected from nominations submitted by the Greater Los
Angeles Council of Divers, the San Diego Council of Divers, the
Channel Islands Council of Divers, the Southern California Shellfish
Assessment Program, or by individuals or organizations that actively
participate in the recreational abalone fishery, except that not
more than one of the members selected shall be an active or former
commercial abalone diver or involved in commercial seafood processing
or marketing.
(2) One member shall represent the department in enforcement
activities and shall be selected from personnel in the Wildlife
Protection Division.
(3) Two members shall be marine scientists who are or have been
involved in abalone research at universities, state universities, or
in state or federal programs. Not more than one of the persons shall
be an officer or employee of the department.
(b) No member shall be involved in or profit from the culture for
sale (commercial aquaculture) of abalone.
(c) The advisory committee shall meet at least once each calendar
year to review proposals and recommend to the director projects and
budgets for the expenditure of fees received pursuant to Section
7149.8. The committee may review progress reports and the results of
projects funded under this article and make recommendations to the
director regarding abalone resource management.