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(continued) for
transfer, such as the sinking of the vessel specified for use in
operations authorized by the permit.
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 pursuant to this section, but only if the
permittee meets both of the following requirements:
(a) Possesses a valid permit for the use of gill nets authorized
pursuant to Section 8681.
(b) Possessed a valid drift gill net shark and swordfish permit
during the preceding season and that permit was not subsequently
revoked.
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 landings required under
subdivision (c) of Section 8568, as amended by Section 11 of Chapter
525 of the Statutes of 1998, is eligible for that permit when that
person meets all other qualifications for the permit.
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permit if the person's drift gill net shark and swordfish permit was
revoked during a preceding season or if the person possessed a valid
permit during the preceding season but did not apply for renewal of
his or her permit on or before April 30. The applicant for a permit
under this section may appeal to the director for the issuance of the
permit under those conditions.
8573. Drift gill nets may be used to take shark and swordfish under
the permit provided in this article and are subject to Section
8610.3 and the following restrictions:
(a) From June 1 to November 15, inclusive, shark or swordfish gill
nets shall not be in the water from two hours after sunrise to two
hours before sunset east of a line described as follows:
From a point beginning at Las Pitas Point to San Pedro Point on
Santa Cruz Island, thence to Gull Island Light, thence to the
northeast extremity of San Nicolas Island, thence along the high
water mark on the west side of San Nicolas Island to the southeast
extremity of San Nicolas Island, thence to the northwest extremity of
San Clemente Island, thence along the high water mark on the west
side of San Clemente Island to the southeast extremity of San
Clemente Island, thence along a line running 150* true from the
southeast extremity of San Clemente Island to the westerly extension
of the boundary line between the Republic of Mexico and San Diego
County.
(b) (1) The total maximum length of a shark or swordfish gill net
on the net reel on a vessel, on the deck of the vessel, and in the
water at any time shall not exceed 6,000 feet in float line length.
The float line length shall be determined by measuring the float
line, as tied, of all the net panels, excluding the bridle, towline,
or stotza and excluding the parachute or other drogue device.
(2) Any shark or swordfish gill net on the reel shall have the
float lines of the adjacent panels tied together, the lead lines of
the adjacent panels tied together, and the web of the adjacent panels
laced together. No quick disconnect device may be used unless the
total maximum length of all shark and swordfish gill nets, including
all spare gill nets or net panels on the vessel and all gill nets or
net panels on the net reels on the vessel, on the deck of the vessel,
stored aboard the vessel, and in the water, does not exceed 6,000
feet in float line length as determined under paragraph (1).
(3) Spare shark or swordfish gill net aboard the vessel shall not
exceed 250 fathoms (1,500 feet) in total length, and the spare net
shall be in separated panels of not to exceed 100 fathoms (600 feet)
in float line length for each panel, with the float lines and
leadlines attached to each panel separately gathered and tied, and
the spare net panels stowed in lockers, wells, or other storage
space.
(4) If a torn panel is replaced in a working shark or swordfish
gill net, the torn panel shall be removed from the working net before
the replacement panel is attached to the working net.
(c) Any end of a shark or swordfish gill net not attached to the
permittee's vessel shall be marked by a pole with a radar reflector.
The reflector shall be at least six feet above the surface of the
ocean and not less than 10 inches in any dimension except thickness.
The permittee's permit number shall be permanently affixed to at
least one buoy or float which is attached to the radar reflector
staff. The permit number shall be at least one and one-half inches
in height and all markings shall be at least one-quarter inch in
width.
(d) For the purposes of this article, "shark or swordfish gill net"
means a drift gill net of 14-inch or greater mesh size.
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 gill net shark and swordfish
permit, and the permittee shall not have aboard the vessel or in the
water a drift gill net with mesh size less than 14 inches and more
than 8 inches in stretched mesh.
(b) No permittee shall deploy a drift gill net of less than
14-inch mesh size at the time that the permittee has a shark or
swordfish gill net deployed.
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 through July 31, within six nautical miles
westerly, northerly, and easterly of the shoreline of San Miguel
Island between a line extending six nautical miles west magnetically
from Point Bennett and a line extending six nautical miles east
magnetically from Cardwell Point and within six nautical miles
westerly, northerly, and easterly of the shoreline of Santa Rosa
Island between a line extending six nautical miles west magnetically
from Sandy Point and a line extending six nautical miles east
magnetically from Skunk Point.
(b) From May 1 through July 31, within 10 nautical miles westerly,
southerly, and easterly of the shoreline of San Miguel Island
between a line extending 10 nautical miles west magnetically from
Point Bennett and a line extending 10 nautical miles east
magnetically from Cardwell Point and within 10 nautical miles
westerly, southerly, and easterly of the shoreline of Santa Rosa
Island between a line extending 10 nautical miles west magnetically
from Sandy Point and a line extending 10 nautical miles east
magnetically from Skunk Point.
(c) From May 1 through July 31, within a radius of 10 nautical
miles of the west end of San Nicolas Island.
(d) From August 15 through September 30, in ocean waters bounded
as follows: beginning at Dana Point, Orange County, in a direct line
to Church Rock, Catalina Island; thence in a direct line to Point La
Jolla, San Diego County; and thence northwesterly along the mainland
shore to Dana Point.
(e) From August 15 through September 30, in ocean waters within
six nautical miles of the coastline on the northerly and easterly
side of San Clemente Island, lying between a line extending six
nautical miles west magnetically from the extreme northerly end of
San Clemente Island to a line extending six nautical miles east
magnetically from Pyramid Head.
(f) From December 15 through January 31, in ocean waters within 25
nautical miles of the mainland coastline.
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 miles from the nearest point on the
mainland shore north of a line extending due west from Point
Arguello.
(b) East of a line running from Point Reyes to Noonday Rock to the
westernmost point of Southeast Farallon Island to Pillar Point.
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 swordfish
in ocean waters within 75 nautical miles from the mainland coastline
between the westerly extension of the California-Oregon boundary line
and the westerly extension of the United States-Republic of Mexico
boundary line from May 1 to August 14, inclusive.
(c) Subdivisions (a) and (b) apply to any drift gill net used
pursuant to a permit issued under Section 8561 or 8681, except that
drift gill nets with a mesh size smaller than eight inches in
stretched mesh and twine size number 18, or the equivalent of this
twine size, or smaller, used pursuant to a permit issued under
Section 8681, may be used to take species of sharks other than
thresher shark, shortfin mako shark, and white shark during the
periods specified in subdivisions (a) and (b). However, during the
periods of time specified in subdivisions (a) and (b), not more than
two thresher sharks and two shortfin mako sharks may be possessed and
sold if taken incidentally in drift gill nets while fishing for
barracuda or white seabass and if at least 10 barracuda or five white
seabass are possessed and landed at the same time as the
incidentally taken thresher or shortfin mako shark. No thresher
shark or shortfin mako shark taken pursuant to this subdivision shall
be transferred to another vessel prior to landing the fish. Any
vessel possessing thresher or shortfin mako sharks pursuant to this
section shall not have any gill or trammel net aboard that is
constructed with a mesh size greater than eight inches in stretched
mesh and twine size greater than number 18, or the equivalent of a
twine size greater than number 18.
(d) Notwithstanding the closure from May 1 to August 14,
inclusive, provided by subdivision (b), a permittee may land
swordfish or thresher shark taken in ocean waters more than 75
nautical miles from the mainland coastline in that period if, for
each landing during that closed period, the permittee signs a written
declaration under penalty of perjury that the fish landed were taken
more than 75 nautical miles from the mainland coastline.
(e) If any person is convicted of falsely swearing a declaration
under subdivision (d), in addition to any other penalty prescribed by
law, the following penalties shall be imposed:
(1) The fish landed shall be forfeited, or, if sold, the proceeds
from the sale shall be forfeited, pursuant to Sections 12159, 12160,
12161, and 12162.
(2) All shark or swordfish gill nets possessed by the permittee
shall be seized and forfeited pursuant to Section 8630 or 12157.
(f) From August 15 of the year of issue to January 31, inclusive,
of the following year, swordfish may be taken under a permit issued
pursuant to this article.
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 both fisheries are conducted,
if, after a public hearing, the director determines the action is
necessary to protect the swordfish or thresher shark and bonito
(mako) shark resources.
The director shall reopen a fishery or any fishing areas
previously closed pursuant to this section if the director determines
that the conditions which necessitated the closure no longer exist.
8579. 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 or her permit to the department. A
permittee may surrender his or her permit by notifying the department'
s Long Beach office of his or her intentions by telegram or certified
letter and by sending or delivering his or her permit to a
department office. A permittee may reclaim his or her permit at any
time during regular working hours, if the permit has not been
suspended or revoked.
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 conviction for a violation of
Section 8043 for failure to report, or for inaccurately reporting,
shark or swordfish landings by fishermen operating under permits
issued pursuant to Section 8394 or 8561.
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 be a misdemeanor for any person operating under a
permit pursuant to this article to sell or possess for sale or
personal use any marlin. In the event a marlin is taken incidentally
in a drift gill net, the permittee shall notify the department
immediately that the fish is on the boat. No marlin may be removed
from the boat except for delivery to the department.
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 sheephead (genus
Semicossyphus), kelp greenling (genus Hexagrammos), cabezon (genus
Scorpaenichthys), and scorpionfish (genus Scorpaena), in the
nearshore state waters extending from the shore to one nautical mile
offshore the California coast, that there is increasing pressure
being placed on these fish from recreational and commercial
fisheries, that many of these fish species found in the nearshore
waters are slow growing and long lived, and that, if depleted, many
of these species may take decades to rebuild. The Legislature
further finds and declares that, although extensive research has been
conducted on some of these species by state and federal governments,
there are many gaps in the information on these species and their
habitats and that there is no program currently adequate for the
systematic research, conservation, and management of nearshore fish
stocks and the sustainable activity of recreational and commercial
nearshore fisheries. The Legislature further finds and declares that
recreational fishing in California generates funds pursuant to the
Federal Aid in Sport Fish Restoration Act (16 U.S.C. Secs. 777 to
777l, inclusive), with revenues used for, among other things,
research, conservation, and management of nearshore fish. The
Legislature further finds and declares that a program for research
and conservation of nearshore fish species and their habitats is
needed, and that a management program for the nearshore fisheries is
necessary. The Legislature further finds and declares that the
commission should be granted additional authority to regulate the
commercial and recreational fisheries to assure the sustainable
populations of nearshore fish stocks. Lastly, the Legislature finds
and declares that, whenever feasible and practicable, it is the
policy of the state to assure sustainable commercial and recreational
nearshore fisheries, to protect recreational opportunities, and to
assure long-term employment in commercial and recreational fisheries.
8586. The following definitions govern the construction of this
article:
(a) "Nearshore fish stocks" means any of the following: rockfish
(genus Sebastes) for which size limits are established under this
article, California sheephead (Semicossyphus pulcher), greenlings of
the genus Hexagrammos, cabezon (Scorpaenichthys marmoratus),
scorpionfish (Scorpaena guttata), and may include other species of
finfish found primarily in rocky reef or kelp habitat in nearshore
waters.
(b) "Nearshore fisheries" means the commercial or recreational
take or landing of any species of nearshore finfish stocks.
(c) "Nearshore waters" means the ocean waters of the state
extending from the shore to one nautical mile from land, including
one nautical mile around offshore rocks and islands.
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, 8589.5, and 8589.7, and
other funds appropriated for these purposes.
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 permit issued to that person that has not
been suspended or revoked, except that when using a boat to take
nearshore fish stocks at least one person aboard the boat shall have
a valid nearshore fishery permit. Nearshore fishing permits are
revocable. The fee for a nearshore fishing permit is one hundred and
twenty five dollars ($125).
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 stocks and fisheries. Regulations
adopted by the commission pursuant to this section may include, but
are not limited to, requiring submittal of landing and permit
information, including logbooks; establishing a restricted access
program; establishing permit fees; and establishing limitations on
the fishery based on time, area, type, and amount of gear, and amount
of catch, species, and size of fish.
(b) Regulations adopted by the commission pursuant to this section
may make inoperative any fishery management statute relevant to the
nearshore fishery. Any regulation adopted by the commission pursuant
to this subdivision shall specify the particular statute to be made
inoperative.
(c) The circumstances, restrictions, and requirements of Section
219 do not apply to regulations adopted pursuant to this section.
(d) Any regulations adopted pursuant to this section shall be
adopted following consultation with fishery participants and other
interested persons consistent with Section 7059.
8588. (a) Notwithstanding any other provision of this code or any
regulation adopted by the commission, no fish listed under this
section taken pursuant to a commercial fishing license, shall be
possessed, sold, or purchased unless it exceeds the specified minimum
total length in the round or dressed with head on, as established
under subdivision (b), except that nearshore finfish taken in trawls
and landed dead are exempt from these size limits.
(b) The minimum size limits are as follows:
(1) Black and yellow rockfish
(Sebastes chrysomelas) ................ 10 in. or 254 mm
(2) Gopher rockfish
(Sebastes carnatus) ................... 10 in. or 254 mm
(3) Kelp rockfish
(Sebastes atrovirens) ................. 10 in. or 254 mm
(4) California scorpionfish or sculpin
(Scorpaena guttata) ................... 10 in. or 254 mm
(5) Greenlings of the Genus Hexagrammos
(Hexagrammos spp.) .................... 12 in. or 305 mm
(6) China rockfish
(Sebastes nebulosus) .................. 12 in. or 305 mm
(7) Grass rockfish
(Sebastes rastrelliger) ............... 12 in. or 305 mm
(8) California sheephead
(Semicossyphus pulcher) ............... 12 in. or 305 mm
(9) Cabezon
(Scorpaenichthys marmoratus) .......... 14 in. or 356 mm
(c) The commission may adopt regulations to modify the minimum
size limits or to specify maximum size limits based on the best
available scientific information.
(d) Regulations adopted by the commission pursuant to subdivision
(c) shall only be adopted following public notice and not less than
one public hearing.
(e) Any nearshore fish as defined in this article or in
regulations adopted by the commission pursuant to this section that
are taken in a nearshore fishery shall be measured immediately upon
being brought aboard the vessel and released immediately if not in
compliance with the size limits specified.
(f) This section shall remain in effect until the adoption of
regulations implementing a fishery management plan for nearshore fish
stocks by the commission, and as of that date, is repealed.
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 Fish and Game Preservation Fund pursuant
to Section 8587 and other funds appropriated for these purposes.
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 addition to, or in lieu
of, a license or permit suspension or revocation, the commission may
adopt and apply a schedule of fines for convictions of violations of
this article.
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, develop, and implement the
nearshore fisheries management plan and for the following purposes:
(1) For research and management of nearshore fish stocks and
nearshore habitat. For the purposes of this section, "research"
includes, but is not limited to, investigation, experimentation,
monitoring, and analysis and "management" means establishing and
maintaining a sustainable utilization.
(2) For supplementary funding of allocations for the enforcement
of statutes and regulations applicable to nearshore fish stocks,
including, but not limited to, the acquisition of special equipment
and the production and dissemination of printed materials, such as
pamphlets, booklets, and posters aimed at compliance with nearshore
fishing regulations.
(3) For the direction of volunteer groups assisting with nearshore
fish stocks and nearshore habitat management, for presentations of
related matters at scientific conferences and educational
institutions, and for publication of related material.
(b) The department shall maintain internal accounts that ensure
that the fees received pursuant to Section 8587 are disbursed for the
purposes stated in subdivision (a).
(c) The commission shall require an annual accounting from the
department on the deposits into, and expenditures from, the Fish and
Game Preservation Fund, as related to the revenues generated pursuant
to Section 8587. Notwithstanding Section 7550.5 of the Government
Code, a copy of the accounting shall be provided to the Legislature
for review by the Joint Committee on Fisheries and Aquaculture, and
if that committee is not in existence at the time, by the appropriate
policy committee in each house of the Legislature.
(d) Unencumbered fees collected pursuant to Section 8587 during
any previous calendar year shall remain in the fund and expended for
the purposes of subdivision (a). All interest and other earnings on
the fees received pursuant to Section 8587 shall be deposited in the
fund and shall be used for the purposes of subdivision (a).
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 prawn (Sicyonia ingentis).
(c) Coonstrip prawn (Pandalus danae).
(d) Pacific ocean shrimp (Pandalus jordani).
(e) Bay shrimp (Crangon franciscorum and Crago sp.).
(f) Red rock shrimp (Lysmata californica).
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 prawn trap or a shrimp trap,
subject to Article 1 (commencing with Section 9000) of Chapter 4.
(b) No other species shall be taken in a prawn trap or a shrimp
trap. Any other species taken incidentally with a prawn trap or a
shrimp trap shall be immediately released.
8596. The following definitions govern the construction of this
article:
(a) "Marine aquaria pet trade" means any activities connected with
collecting, holding, selling, and displaying live aquatic marine
life for pet, hobby, curio, or display purposes. "Marine aquaria pet
trade" does not include activities connected with collecting,
holding, selling, or displaying live aquatic marine life by, or for,
scientific institutions exempted from permits pursuant to subdivision
(e) of Section 2150.
(b) "Drop net" means a small, circular net with weights attached
along the perimeter and with a single float attached at the center.
A drop net is not more than 48 inches in its greatest diameter.
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 (b), unless that person has a
valid marine aquaria collector's permit that has not been suspended
or revoked. At least one person aboard the boat shall have a valid
marine aquaria collector permit.
(b) Except as provided in Section 8598.2, and unless otherwise
prohibited in this code, or regulations made pursuant thereto,
specimens of the following groups or species may be taken, possessed
aboard a boat, or landed under a marine aquaria collector's permit:
(1) Marine plants:
(A) Chlorophyta.
(B) Phaeophyta.
(C) Rhodophyta.
(D) Spermatophyta, all species.
(2) Invertebrates:
(A) Polychaeta--worms; all species.
(B) Crustacea--shrimp, crabs; all species, except the following:
(i) Dungeness crab--Cancer magister.
(ii) Yellow crab--Cancer anthonyi.
(iii) Red crab--Cancer productus.
(iv) Sheep crab--Loxorhynchus grandis.
(v) Spot prawn--Pandalus platyceros.
(vi) Ridgeback prawn--Sicyonia ingentis.
(vii) Golden prawn--Penaeus californiensis.
(viii) Sand crab--Emerita analoga.
(ix) Redrock shrimp--Lysmata californica.
(x) Bay shrimp--Crangon sp. and Palaemon macrodactylus.
(xi) Ghost shrimp--Callianassa sp.
(C) Asteroidea--Sea stars; all species.
(D) Ophiuroidea--Brittle stars; all species.
(E) Gastropoda--snails, limpets, sea slugs; all species, except
Kellet's whelk--Kelletia kelleti.
(F) Bivalvia--clams and mussels; all species.
(G) Polyplacophora--Chitons; all species.
(H) Cephalopoda--Octopuses and squids; all species, except two
spot octopuses--Octopus bimaculatus and Octopus maculoides--and
market squid--Loligo opalescens.
(I) Tunicata--Sea squirts; all species.
(3) Vertebrates:
(A) Osteichthyes--Finfishes; all species, except the following:
(i) Rockfish--Sebastes sp. larger than six inches total length.
(ii) Sheephead--Semicossyphus pulcher larger than six inches total
length.
(iii) Anchovy--Engraulis mordax.
(iv) Sardine--Sardinops sagax.
(v) Pacific/chub mackerel--Scomber japonicus.
(vi) Jack mackerel--Trachurus symmetricus.
(vii) Queenfish--Seriphus politus.
(viii) White Croaker--Genyonemus lineatus.
(ix) Top smelt--Atherinops affinis.
(x) Grunion--Leuresthes tenuis.
(xi) Shiner surf perch--Cymatogaster aggregata.
(xii) Longjawed mudsucker--Gillichthys mirabilis.
(B) Chondrichthyes--sharks, rays, and skates; all species less
than 18 inches total length.
(c) The holder of a permit issued pursuant to this section is not
required to obtain or possess a kelp harvester's license issued
pursuant to Section 6651, a tidal invertebrate permit issued pursuant
to Section 8500, or a general trap permit issued pursuant to Article
1 (commencing with Section 9000) of Chapter 4, when taking,
possessing, or landing live organisms for marine aquaria pet trade
purposes pursuant to subdivision (b), subject to regulations
governing the taking of tidal invertebrates. The commission shall
adopt regulations to implement this subdivision, and, for that
purpose, may incorporate other regulations by reference.
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, or landed for commercial purposes:
(1) Invertebrates:
(A) Phylum Porifera--all sponges.
(B) Genus Pelagia sp.--jellyfish.
(C) Coelenterata--corals, anemones; all species.
(D) Order Gorgonacea--all gorgonians.
(E) Order Pennatulacea--all species, except Renilla kollikeri.
(F) Feather-duster worm--Eudistylia polymorpha.
(G) Fiddler crab--Uca crenulata.
(H) Umbrella crab--Cryptolithodes sitchensis.
(I) Stalked or goose barnacles--Pollicipes sp.
(J) Giant acorn barnacle--Balanus nubilus or B. aguila.
(K) Owl limpet--Lottia gigantea.
(L) Coffee bean shells--Trivia sp.
(M) Three-winged murex--Pteropurpura trialata.
(N) Vidler's simnia--Simnia vidleri.
(O) Queen tegula--Tegula regina.
(P) Opisthobranchia (including nudibranchs)--all subclass
Opisthobranchia species except:
(i) Sea hares--Aplysia californica and Aplysia vaccaria.
(ii) Hermissenda crassicornis.
(iii) Lion's mouth--Melibe leonina.
(iv) Aeolidia papillosa.
(v) Spanish shawl--Flabellina iodinea.
(2) Vertebrates:
(A) All shark and ray eggcases.
(B) Brown smoothhound sharks--Mustelus hinlei--that are less than
18 inches in a whole condition or dressed with head and tail removed.
(C) Family Agonidae--all poachers.
(D) Wolf-eel--Anarrhichthys ocellatus.
(E) Juvenile sheephead--Semicossyphus pulcher (under 6 inches).
(F) Garibaldi--Hypsypops rubicundus.
(3) Live rocks.
(A) Rocks with living organisms attached, commonly called "live
rocks," shall not be taken or possessed except as provided in
subparagraph (C).
(B) Rocks shall not be broken to take marine aquaria species, and
any rock displaced to access any of those species shall be returned
to its original position.
(C) Rocks cultured under the authority of an aquaculture
registration may be possessed.
(b) No organisms may be taken, possessed, or landed for marine
aquaria pet trade purposes under the terms of a marine aquaria
collector's permit in any of the following areas:
(1) On the north side of Santa Catalina Island from a line
extending three nautical miles 90 degrees true from Church Rock to a
line extending three nautical miles 270 degrees true from the extreme
west end of the island.
(2) On the south or "back" side of Santa Catalina Island from a
line extending three nautical miles 90 degrees true from Church Rock
to a line extending three nautical miles 270 degrees true from the
extreme west end of the island.
(3) Marine life refuges, marine reserves, ecological reserves, and
state reserves.
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 Net.
(4) Trap.
(5) Hand.
(6) Slurp gun.
(7) Spatula.
(b) Chemical anesthetics, poisons, or irritants shall not be used
or possessed by any person taking or possessing fish, plants, or
other marine organisms for the marine aquaria industry. For the
purposes of this section, chemicals commonly used aboard vessels for
insect and rodent control may be possessed if no means of delivering
those chemicals, including, but not limited to, squirt bottles, used
to target those marine organisms is possessed.
(c) Appliances shall be used so that rocks or other mineral
matter, aquatic plants, fish, or other aquatic life not listed in
subdivision (b) of Section 8597 are not removed from the bottom or
otherwise disturbed.
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
species under a marine aquaria collector's permit shall not take,
possess aboard a boat, or land any species under the authority of a
scientific collector's permit issued pursuant to Section 1002, 5515,
or 10660 on the same fishing trip.
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 fishery is conducted, if, upon
written finding, the director determines the action is necessary to
protect any organisms listed in subdivision (a) of Section 8597 or
the environment in which those organisms are located. The director
shall reopen a fishery or any fishing areas previously closed
pursuant to this section if the director determines that the
conditions which necessitated the closure no longer exist.
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 ($2,000) or more than five thousand
dollars ($5,000).
8599. (a) It is unlawful to take any white shark (Carcharodon
carcharias) for commercial purposes, except under permits issued
pursuant to Section 1002 for scientific or educational purposes or
pursuant to subdivision (b) for scientific or live display purposes.
(b) Notwithstanding subdivision (a), white sharks may be taken
incidentally by commercial fishing operations using set gill nets,
drift gill nets, or roundhaul nets. White shark taken pursuant to
this subdivision shall not have the pelvic fin severed from the
carcass until after the white shark is brought ashore. White shark
taken pursuant to this subdivision, if landed alive, may be sold for
scientific or live display purposes.
(c) Any white shark killed or injured by any person in
self-defense may not be landed.
8599.3. The department shall cooperate, to the extent that it
determines feasible, with appropriate scientific institutions to
facilitate data collection on white sharks taken incidentally by
commercial fishing operations.
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 activity and the taking is in
accordance with those regulations.