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(continued)
(b) In Districts 6, 7, 10, 11, 15, 16, 17, 18, and 19, no person shall engage in commercial salmon fishing using other than single barbless hooks. Single barbless hook means a hook with a single shank and point, with no secondary point or barb curving or projecting in any other direction. Hooks manufactured with barbs can be made "barbless" by forcing the point of the barb flat against the main part of the point.
(c) Except as prohibited under Section 8215 of the Fish and Game Code and subsection (j) of these regulations, frozen salmon may be possessed in Districts 6, 7, 10, 11, 15, 16, 17, 18, and 19, and landed in a dressed, head-off condition, subject to the following minimum size limits: king salmon, 19 1/2 " in dressed, head-off length; silver salmon, 16 1/2 " in dressed, head-off length. Dressed, head-off length is the distance between the mid-point of the clavicle arch and the fork of the tail measured along the lateral line.
(d) In Districts 6, 7, 10, 11, 15, 16, 17, 18, and 19, commercial salmon fishing vessels shall use no more than six troll lines at any time to drag hooks with bait or lures.
(e) In Districts 7, 10, 11, 15, 16, 17, 18, and 19, south of Point Arena (39 degrees 00 ' 00 " N. lat.), under the authority of a commercial fishing license, all salmon species other than silver salmon, which are provided for in subsection (i), may be taken between May 1 and September 30.
(f) In District 7 between Point Arena and Cape Vizcaino (39 degrees 43 ' 30 " N. lat.), under the authority of a commercial fishing license, all salmon species except silver salmon may be taken between May 1 and May 31. In District 7 between Point Arena and Horse Mountain (40 degrees 5 ' 00 " N. lat.), all species other than silver salmon, which are provided for in subsection (i), may be taken from June 5 through September 30, except no commercial salmon fishing is permitted in the area on Thursdays, Fridays or Saturdays from June 9 through July 16.
(g) In District 7 between Cape Vizcaino and Horse Mountain, under the authority of a commercial fishing license, all salmon species except silver salmon may be taken from May 1 through the earlier of May 31 or the date that the Director of the California Department of Fish and Game determines that a total of 8,000 king salmon will be taken, with the following exceptions and restrictions:
(1) No commercial salmon fishing is permitted in the area on Thursdays, Fridays or Saturdays.
(2) All salmon taken or possessed in the area must be landed in the area.
(h) In District 6 and that portion of District 7 north of Punta Gorda (40 degrees 15 ' 30 " N. lat.), under the authority of a commercial fishing license, all salmon species other than silver salmon, which are provided for in subsection (i), may be taken from June 5 through the earlier of August 31 or the date that the Regional Director of the National Marine Fisheries Service (NMFS) determines that a total of 55,500 king salmon will be taken in the commercial fishery since May 1, 1988, in the commercial fishery between Port Orford, in southern Oregon (42 degrees 45 ' 11 " N. lat.) and Punta Gorda, with the following provisions, exceptions and clarifications:
(1) No commercial fishing is permitted in the area on Thursdays, Fridays or Saturdays, and the area is closed to all commercial salmon fishing from June 29 through July 16.
(2) On or about July 27, the Regional Director of the NMFS will determine if the commercial king salmon quota in the area through August 31 can be increased, due to a projected underage in the ocean landings of Klamath River fall king salmon in the following two ocean fisheries, through August 31: (1) the recreational fishery in the same general area and (2) the commercial fishery provided for under subsection (g) of these regulations.
(3) The commercial salmon fishing closure specified under subsection (k) of these regulations is in effect.
(i) Silver salmon may be taken for commercial purposes during the same time periods and in the same areas as commercial fishing for all other salmon species is allowed with the following clarifications and exceptions:
(1) The commercial fishing closure specified under subsection (k) of these regulations is in effect.
(2) Commercial fishing for, or possession of, silver salmon is not permitted from May 1 through May 1.
(3) Commercial fishing for silver salmon is prohibited, except as provided under subsection (n), upon the earlier date of the projected attainment of a commercial salmon fishery impact south of Cape Falcon in northern Oregon (45 degrees 46 ' 00 " N. lat.) or Port Orford in southern Oregon of 684,700 or 100,000 fish, respectively, as determined by the Director of the NMFS.
(j) In District 6 and that portion of District 7 north of Point Arena, during all three-day closures, except for the 12-hour period immediately following the closure, no vessel may be underway at sea inside the closed area with salmon on board except if prior notification is given the nearest Coast Guard Station of intent to transport commercially-caught salmon through the closed area. Furthermore, it is unlawful for a vessel with an ocean salmon permit from any state to have troll fishing gear in the water in these districts between May 1 and October 31 during those times that commercial salmon fishing is not permitted.
(k) Notwithstanding any of the provisions of this Section, commercial salmon fishing in Districts 6 and 7 north of Punta Gorda is prohibited for three consecutive days upon attainment of 85 percent of the silver salmon quota for the commercial salmon fishery south of Cape Falcon, as determined by the Regional Director of the NMFS.
( l) Troll fishing gear is defined as one or more lines that drag hooks with bait or lures behind a moving fishing vessel.
(m) In District 6, no salmon may be taken for commercial purposes in state waters off the mouth of the Klamath River within an area bounded on the north by 41 degrees 38 ' 48 " N. latitude (approximately 6 nautical miles north of the Klamath River mouth) and on the south by 41 degrees 26 ' 48 " N. latitude (approximately 6 nautical miles south of the Klamath River mouth).
(n) In Districts 6 and 7 between Trinidad Head (41 degrees 3 ' 20 " N. lat.) and Punta Gorda, under the authority of a commercial fishing license, all salmon species may be taken between September 1 and the earlier of October 31 or the date that the Regional Director of the NMFS determines that a total of 15,000 king salmon will be taken.
(o) It is unlawful for any person to fish for, or take and retain any species of salmon in Districts 6, 7, 10, 11, 15, 16, 17, 18, and 19: i) during closed seasons or in closed areas; ii) while possessing on board any species of salmon not allowed to be taken in the area at the time, iii) once any catch limit is attained; or iv) by means of gear or methods other than troll fishing gear.
(p) All other provisions, exceptions and restrictions for commercial salmon fishing off California are described in Title 50 -Code of Federal Regulations, Part 661.


Note: Authority cited: Sections 7652 and 7652.2, Fish and Game Code. Reference: Sections 1700, 7600, 7650, 7652 and 7652.2, and 8210.2 Fish and Game Code; Section 182, Title 14, California Code of Regulations; and Title 50, Code of Federal Regulations, Part 661.

s 183. Commercial Salmon Vessel Permit.
The annual fee for a commercial salmon vessel permit, created pursuant to Section 8236 of the Fish and Game Code, shall be $30.50 and shall be valid from April 1 through March 31 of the following year.


Note: Authority cited: Sections 713 and 8236, Fish and Game Code. Reference: Section 8236, Fish and Game Code.

s 185. Commercial Take, Possession, Purchase, Sale, Transport, Export or Import of Native Reptiles and Amphibians.


Note: Authority cited: Sections 5061 and 6896, Fish and Game Code. Reference: Sections 5061 and 6896, Fish and Game Code.

s 185.5. Captive Propagation of Native Reptiles and Amphibians for Commercial Purposes.


Note: Authority cited: Sections 5061 and 6896, Fish and Game Code. Reference: Sections 5061 and 6896, Fish and Game Code.

s 186. Commercial Take and Use of Frogs for Human Consumption.


Note: Authority cited: Sections 6851 and 15005, Fish and Game Code. Reference: Sections 6850-6885, 15000 and 15005, Fish and Game Code.

s 187. Weight in the Round Conversion Factors for Swordfish, Salmon, Angel Shark, Bonito Shark, Thresher Shark, and Tanner Crab.
For purposes of computing the appropriate landing tax, pursuant to Sections 8042 and 8051 of the Fish and Game Code, the following weight conversion factors must be used by those persons and businesses responsible for remitting such landing taxes as required under Division 6, Part 3, Chapter 1, Article 7.5 of the Fish and Game Code.
(a) Salmon, 110% of the weight landed.
(b) Swordfish, 145% of the weight landed.
(c) Angel shark, 200% of the weight landed.
(d) Bonito shark, 145% of the weight landed.
(e) Thresher shark, 170% of the weight landed.
(f) Tanner crab (Chionecetes spp.), 161% of the weight landed.


Note: Authority cited: Section 8042, Fish and Game Code. Reference: Sections 8040, 8041, 8042 and 8051, Fish and Game Code.

s 188. Marine Aquaria Receiver's License.


Note: Authority cited: Section 8033.2, Fish and Game Code. Reference: Sections 8043.1 and 8596-8598.6, Fish and Game Code.

s 189. Commercial Groundfish Fishing.
(a) General Provisions. No person shall engage in commercial groundfish fishing except as provided by the Fish and Game Code and regulations provided herein. Applicable regulations adopted by the U.S. Secretary of Commerce pursuant to the Magnuson Fishery Conservation and Management Act and published in Title 50, Code of Federal Regulations (CFR), Parts 600 and 660 are hereby incorporated and made a part of these regulations. Federal regulations shall be made available upon request from the Department of Fish and Game, Marine Region, 1416 Ninth Street, BOX 944209, Sacramento, CA 94244-2090, phone number 916-653-6281.
(b) General Definitions. For the purposes of these regulations, the following definitions shall apply:
(1) Land or Landing. The transfer of fish from a fishing vessel. Once offloading begins, all fish aboard the vessel are counted as part of the landing.
(2) Closure. Taking and retaining, possessing, or landing the particular species or species group is prohibited. Unless otherwise announced in the Federal Register, offloading must begin before the time the fishery closes.
(3) Sorting. It is unlawful for any person to fail to sort prior to the first weighting after offloading, those groundfish species or species groups for which there is a trip limit, size limit, quota, or optimum yield, if the vessel fished or landed in an area during a time when such trip limit, size limit, quota, or optimum yield applied. This provision applies to both the limited entry and open access fisheries.
(4) Trip Limits. Trip limits specify the amount of fish that a vessel may legally land per fishing trip or cumulatively per unit of time or the number of landings of fish that may be made by a vessel in a given period of time.
(A) Daily Trip Limit. Daily trip limit is the maximum amount of groundfish that may be taken and retained, possessed, or landed per vessel in 24 consecutive hours, starting at 0001 hours local time. Only one landing of groundfish shall be made in that 24-hour period. Daily trip limits shall not be accumulated during multiple day trips.
(B) Cumulative Trip Limit. Cumulative trip limit is the maximum amount of groundfish that may be taken and retained, possessed, or landed per vessel in a cumulative fishing period, without a limit on the number of landings or trips.
(5) Size Limits and Length Measurement. Total length is measured from the tip of the snout (mouth closed) to the tip of the tail (pinched together) without mutilation of the fish or the use of additional force to extend the length of the fish.
(6) Limited Entry Fishery. Limited entry fishery includes vessels using trawl gear, longline, and trap (or pot) gear fished pursuant to the harvest guidelines, quotas, and other management measures governing the limited entry fishing. Limited entry gear includes only longline, trap (or pot) or trawl gear used under the authorization of a valid limited entry permit.
(7) Open Access Fishery. Open access fishery includes vessels using exempted gear, and longline and trap (or pot) gear fished pursuant to the harvest guidelines, quotas, and other management measures governing open access fishing. Exempted gear includes all types of fishing gear except longline, trap (or pot), and groundfish trawl gear, and includes trawl gear used to take pink shrimp, and spot and ridgeback prawns, and south of 38<>o 57'30 ' N (Point Arena), California halibut and sea cucumber. A State of California limited entry permit is required for the take of sea cucumbers.
(8) Federally Designated Routine Management Measures. Routine Management Measures, identified as catch restrictions intended to keep landings within the harvest levels announced by the Secretary of Commerce and noticed in the Federal Register by the National Marine Fisheries Service, and hereby incorporated and made a part of these regulations. Should any federal management measures conflict with existing statutes, including Fish and Game Code Sections 8496 and 8842(b), or regulations of the commission, the provisions in the statutes or regulations which conflict with the federal management measures are made inoperative.


Note: Authority cited: Section 7652, Fish and Game Code. Reference: Sections 7652, 7652.2, and 8607, Fish and Game Code.

s 190. Fishing Activity Records.
Pursuant to Sections 7923 and 8026, Fish and Game Code, the owner and operator of a commercial fishing vessel or the holder of a commercial fishing license or permit participating in specified fisheries, and the owner and license holder of a commercial passenger fishing vessel shall keep and submit a complete and accurate record of fishing activities.
(a) Fishing activity records shall be kept on forms provided by the department.
(b) Fishing activity records shall be kept on the vessel while it is engaged in, or returning from, fishing operations and shall be completed before the end of a trip, at the time of sale of the catch or at the end of each day's fishing.
(c) Fishing activity records shall be delivered to the department at 4665 Lampson Avenue, Suite C, Los Alamitos, CA 90720, or such other department office as may be specified in regulation on or before the 10th day of each month following the month to which the records pertain. Fishing activity records that are mailed shall be postmarked on or before the 10th day of each month following the month to which the records pertain.
(d) Failure to keep and submit required records of fishing activity may result in revocation or suspension (including non-renewal) of the license or permit for the taking of all fish or for the particular species for which the records are required, by the Department, for a period not to exceed one year. Any revocation, suspension or nonrenewal may be appealed to the Commission.
(e) All fishing activity records shall be deemed confidential upon receipt by the Department.


Note: Authority cited: Sections 7923 and 8026, Fish and Game Code. Reference: Sections 7923 and 8026, Fish and Game Code.

s 191. Far Offshore Longline Logbook.


Note: Authority cited: Sections 7701, 7708 and 8026, Fish and Game Code. Reference cited: Section 8026, Fish and Game Code.

s 195. Report of Fish Taken To Be Made by Owner of Barge or Vessel for Hire, and Boat Limits.
(a) Records required by Sections 7923 and 8026 of the Fish and Game Code shall be made on a form provided by the department (Skipper's Log Book-Marine Sportfishing - Southern California F&G 656 and Skipper's Log Book-Marine Sportfishing Central and Northern California F&G 623, DFG 195, which is incorporated by reference, and hereafter referred to as logbook for purposes of this section). The logbook shall include the following information and be completed and available for inspection as specified in this section:
(1) A full and correct record of fish taken, including species or specified species group filled-out before the trip is completed, (see Section 190(b) of Title 14, CCR). The names used for designating the species of fish shall be those in common usage unless otherwise designated by the department.
(2) The owner/operator copy of the logbook shall be maintained and kept on the vessel for a period of one year, and upon request, shall be made available for inspection by any authorized representative of the Department.
(3) The numbered logbook shall be completed sequentially. A voided log shall have the word "Void" plainly and noticeably written on the face of the log.
(b) The owner(s) and/or operator(s) of each vessel required to obtain a license under Section 7920 of the Fish and Game Code shall post a notice in a prominent place on the vessel giving information to fishermen on license requirements, bag limits, and other pertinent information. This notice shall be furnished by the department.
(c) Both the vessel owner(s) and/or operator(s) shall be responsible for keeping accurate records and insuring the vessel is in compliance with subsections (a) and (b) above.
(d) All fishing activity records are confidential pursuant to Fish and Game Code Sections 7923 and 8022 and Government Code Sections 6276 and 6276.10.
(e) Boat Limits: When two or more persons licensed or otherwise authorized to sport fish in ocean waters off California or in the San Francisco Bay District, as defined in Section 27.00, are angling for finfish in these waters aboard a vessel licensed under Section 7920, fishing by these persons (to include vessel operator(s) and crew members where licensed to sportfish under their own individual limits) may continue until the passenger's boat limits of those finfish identified in Sections 27.60 (a) through (c) are taken and possessed aboard the vessel as authorized under this section.
(1) For purposes of this section, the vessel operator(s) and crew members are not passengers and may not take fish towards obtaining boat limits for passengers except for casting, setting trolling gear, gaffing or netting fish, but may take fish during a fishing trip for their personal use only. Vessel operator(s) and crew members may assist passengers in other activities including, but not limited to, obtaining bait, chumming, baiting and untangling hooks and lines, identifying, dispatching, filleting, counting, bagging and otherwise handling fish taken by passengers. Upon completion of a fishing trip, the vessel operator(s) and crew members may only possess fish that are part of the own personal bag limit not to exceed authorized sportfishing daily bag and possession limits.
(2) Fish taken by operator(s) and crew members for personal use pursuant to (e)(1) above must be separated from fish taken under a boat limit and labeled in a manner that they can be identified as an individual operator's or crew members fish. Operator(s) and crew members are also prohibited from giving all or part of their individual limit to any passenger during or after a trip.
(3) The authorization for boat limits aboard a vessel does not apply to fishing trips originating in California where fish are taken in other jurisdictions.
(4) A boat limit for a species or species group is equal to the number of passengers aboard the vessel that are licensed or otherwise authorized to sport fish in ocean waters off California or in the San Francisco Bay District multiplied by the individual daily bag limit authorized for a species or species group as specified in Section 27.60 (a) through (c), Title 14, CCR. For purposes of this section, the number of passengers shall not include the vessel operator(s) and crew members. It is unlawful to exceed the boat limit at any time.
(5) Prior to the departure on a fishing trip of a vessel that is operating under authority of a license issued pursuant to Fish and Game Code Section 7920, the number of fishers, to include passengers, guests, operators and crew who will be fishing, shall be recorded under "number of fishers" on the logbook for that trip. In addition, the number of vessel operator(s) and crew members who will fish for that trip shall be recorded in the space to the right of the operator's signature on the logbook.
(6) Upon completion of a sport fishing trip aboard a vessel reporting under this section, each licensed or otherwise authorized angler may not possess more than the daily bag and possession limits specified in subsections 27.60 (a) through (c) consistent with subsection (e)(1). For the purposes of this section, a fishing trip is completed at the time a person disembarks from the vessel and individual possession limits apply.
(7) Species or species groups for which no daily bag limit exists under Section 27.60 (d), Title 14, CCR, are not included in the boat limit.
(f) Where boat limits are provided for in this section, the vessel operator(s) and crew members may be cited for violations occurring aboard the vessel, including but not limited to violations of the following:
(A) Overlimits
(B) Possession of prohibited species
(C) Minimum size limits
(D) Fish taken out of season or in closed areas


Note: Authority cited: Sections 7071, 7923 and 8587.1, Fish and Game Code. Reference: Sections 7923 and 8587.1, Fish and Game Code.

s 200. Application Procedure for Live Freshwater Bait Fish License.
Application for live freshwater bait fish license shall be made on the departmental form and submitted with the statutory fee to one of the department's regional offices (Redding, Rancho Cordova, Yountville, Fresno and Long Beach).


Note: Authority cited: Sections 8460, 8462 and 8491, Fish and Game Code. Reference: Sections 8460-8463, 8490 and 8491, Fish and Game Code.

s 200.10. Sale and Transfer of Live Freshwater Bait Fish License.
Live freshwater bait fish licenses shall not be resold or transferred.


Note: Authority cited: Sections 8460, 8462 and 8491, Fish and Game Code. Reference: Sections 8460-8463, 8490 and 8491, Fish and Game Code.

s 200.11. Requirements for Obtaining Live Freshwater Bait Fish License.
A live freshwater bait fish license shall not be issued unless the application contains a statement signed by the applicant stating that he has read, understands, and agrees to be bound by these regulations and by all the terms of the license.


Note: Authority cited: Sections 8460, 8462 and 8491, Fish and Game Code. Reference: Sections 8460-8463, 8490 and 8491, Fish and Game Code.

s 200.12. Live Freshwater Bait Fish License for Retail Live Bait Outlets.
A live freshwater bait fish license is required for each live bait outlet and the specific location must be shown on the license. Such license is required in order to possess or sell live freshwater fin fish, live waterdogs (as defined in subsection 200.31(c)) and live freshwater crayfish for use as bait in inland waters.


Note: Authority cited: Sections 8460, 8462 and 8491, Fish and Game Code. Reference: Sections 8460-8463, 8490 and 8491, Fish and Game Code.

s 200.13. Species Which Live Freshwater Bait Fish Licensees May Possess or Sell.
Except as provided below, a live freshwater bait fish licensee may possess or sell live only those legally acquired bait species approved for use by sport fishermen in the sport fishing district or portions of sport fishing district in which the licensee is located (see sections 4.10 through 4.30). Licensees located in districts adjacent to ocean waters and within five miles of ocean waters may possess and sell live bait species which may be used in ocean districts.
Bait fish licensees located within a one-mile wide land zone around Lake Tahoe may possess and sell only those species of fin fish which sport fishermen may take directly from Lake Tahoe and use for bait in Lake Tahoe. Such fish shall not be transported from this Lake Tahoe zone.


Note: Authority cited: Sections 8437, 8460, 8462 and 8491, Fish and Game Code. Reference: Sections 8460-8463, 8490 and 8491, Fish and Game Code.

s 200.14. Importation of Freshwater Bait Fish into the Colorado River District.


Note: Authority cited: Sections 2120, 2122, 8460, 8462 and 8491, Fish and Game Code. Reference: Sections 2000-2002, 2013, 2120-2122, 2271, 2301, 2302, 6300, 6301, 6303, 6306, 6401, 8437, 8460-8463, 8490 and 8491, Fish and Game Code.

s 200.29. Sources of Live Freshwater Bait Fish for Commercial Purposes.
(a) Sources of live fin fish for bait are limited to the following:
(1) Fish reared by a registered aquaculturist.
(2) The following species taken under the authority of a commercial fishing license:
(A) Longjaw mudsucker (Gillichthys mirabilis)
(B) Staghorn sculpin (Leptocottus armatus)
(C) Yellowfin gobies
(3) Bait fish licensees located within a one-mile wide landzone around Lake Tahoe may take from Lake Tahoe only those species of fin fish which sport fishermen may take directly from Lake Tahoe and use for bait in Lake Tahoe.
(b) Freshwater clams and freshwater crayfish for live bait purposes may be taken only under the authority of a live freshwater bait fish license. Crayfish taken for live bait purposes shall be taken pursuant to Section 116, Title 14, CAC.
(c) Sources of live waterdogs for bait are limited to the following:
(1) Waterdogs reared by registered aquaculturists.
(2) Waterdogs imported from any other state.
(3) Waterdogs may not be taken from the wild for commercial or bait purposes in California except with written authorization from the Department.


Note: Authority cited: Sections 2120, 2122, 8437, 8460, 8462, 8491 and 15005-15006, Fish and Game Code. Reference: Sections 2000-2002, 2013, 2120-2122, 2270-2272, 6300, 6301, 6303, 6306, 6401, 8437, 8460-8463, 8490, 8491, 15005, 15006 and 15101, Fish and Game Code.

s 200.31. Species Prohibited for the Purpose of Commercial Bait Sales.
The following species are prohibited for the purpose of commercial bait sales:
(a) Yellowfin gobies, except that yellowfin gobies may be sold as bait only in those areas within the Valley District described in Section 4.20(a)(4)(A), (B) and (C) of these regulations.
(b) Tilapia, except that tilapia may be sold as bait only in that area of the Colorado River District bounded by Highway 111 on the north and east and Highway 86 on the west and south.
(c) Salamanders, except for waterdogs (exotic subspecies of the tiger salamander, Ambystoma tigrinum ssp.). No waterdogs 3 inches or less in length may be sold as bait.


Note: Authority cited: Sections 8437, 8460 and 8462, Fish and Game Code. Reference: Sections 8437, 8460-8463 and 8490, Fish and Game Code.

s 225. Use of Explosives in State Waters.
Explosives may not be used in the waters of this state inhabited by fish except under a permit issued by the department pursuant to the provisions of this section. The permit fee shall be $100.
(a) Requests for permits to use explosives in state waters shall be made to the department. Requests for renewal, supplemental action, or amendments shall be made to the department.
(b) Permits shall be issued in such a manner as will result in a minimum destruction to marine life and fisheries.
(c) No explosives shall be used for seismic exploration except the following:
(1) Deflagrating explosives, such as black powder, or any other "low" explosive which in the opinion of the department is equivalent to it. For exploding black powder, no more than one (1) electric blasting cap and one (1) length of detonating fuse not to exceed six (6) feet in length or of greater strength than fifty (50) grains of explosive per foot, shall be used for each container. Means for exploding deflagrating explosives other than black powder are subject to approval of the department. The amount of deflagrating explosives to be used at each shot point shall not exceed ninety (90) pounds.
(2) Detonating explosives, such as nitro-carbo-nitrate, or any other "high" explosive which in the opinion of the department is equivalent to it. For exploding detonating explosives of the nitro-carbo-nitrate type, no more than one (1) electric blasting cap and one (1) commercial booster shall be used for each container. Means for exploding detonating explosives other than nitro-carbo-nitrate are subject to approval of the department. The amount of detonating explosives to be used at each shot point in waters of less than two hundred (200) feet in depth shall not exceed five (5) pounds. The amount of detonating explosives to be used at each shot point in waters of greater depth than two hundred (200) feet shall not exceed twenty (20) pounds.
No unjetted explosive charges shall be detonated within one-half (1/2) mile of any breakwater, jetty, pier, or anchored fishing boat or barge. No explosive charges shall be detonated in a kelp bed as designated by the department observer or within three hundred (300) feet of the fringe thereof, or within one-half (1/2) mile of the mouth of any stream when the department observer finds that a concentration of fish may be endangered.
(d) An employee of the Department of Fish and Game shall accompany the boat or crew which is conducting the seismic exploratory work. This observer shall have the authority to stop operations in any given area if, in his opinion, undue damage to marine life occurs, or to stop temporarily or slow up operations until the observer can clearly determine the amount of animals killed. Operations also may be temporarily suspended when in opinion of observer, after consultation with party chief, it is determined that weather conditions make further operations unsafe for personnel and equipment or when equipment breakdowns result in unsatisfactory observations of marine life.
A boat and crew, satisfactory to the department, shall be provided for the observer at all times and during operations shall not be used for any other purpose. One of the crew members must be competent in the operation of the communication and fish-detecting devices described below. Radio-telephone communications between the observer boat and the operating boat shall be maintained at all times when explosives are being detonated. A recording depth-indicator and a modern-type of sonar or fish-detecting device satisfactory to the department shall be provided for the observer boat. The observer boat shall carry, and the crew shall help operate such gear and equipment for determining damage to marine life as the observer shall furnish, and permittee shall meet any expense of gear rental or operation that may be incurred. The observer boat and all equipment, including communication and fish-detecting devices, must be kept in good working condition at all times.
(e) The applicant of a permit for seismic exploration shall defray the cost of such observer's services and all administrative and incidental costs by payment to the Department of Fish and Game, Sacramento, California, for the benefit of the Fish and Game Preservation Fund the minimum deposit of seven hundred fifty dollars ($750) per survey crew for each month for which a permit is requested, said month commencing the date on which said permit becomes effective, whether operations are commenced on that date or not. A similar minimum deposit of seven hundred fifty dollars ($750) per month shall be made fifteen (15) days prior to the addition of every crew not specified in original application for permit.
This sum shall be paid as follows:
(1) The minimum payment due prior to issuance or a renewal of a permit shall be seven hundred fifty dollars ($750) for each month or fraction of a month covered by the permit, and shall accompany the application.
(2) Expenses as they accrue to the department shall be charged against this minimum deposit.
(3) At the expiration of the permit, the cancellation of operations, or the denial of the application, any sum remaining over and above those expenses incurred by the department shall be refunded within thirty (30) days.
(4) Any expenses incurred by the department in connection with the permit over and above the minimum deposits shall be due and payable upon billing by the department.
(5) Any temporary cessation of seismic operations of thirty (30) days or less shall be considered as an expense to the department in the amount of the observer's monthly salary and associated administrative costs.
(f) Before beginning any day's seismic exploration operations, permission to detonate must be obtained from the observer and such permission must also be obtained during the day if the observer has temporarily stopped work due to excessive damage to marine life.
(g) All fish of edible size which may be killed during seismic exploration operations shall be picked up by the operating crew, and arrangements made by the permittee for their disposal subject to approval of the department. If sold any money received from such sale shall be paid into the Fish and Game Preservation Fund. When in the judgment of the observer an excessive amount of fish has been killed and washed onto any shore in such quantities as to endanger public health or create a nuisance, the permittee shall immediately gather up and dispose of such fish in a manner satisfactory to the observer.
(h) Anyone applying for or holding a permit for seismic exploration shall notify the Sacramento Headquarters Office of the Department of Fish and Game, or the office designated in the permit, in writing not less than fifteen (15) days before beginning operations or before adding a survey crew, and not less than five (5) days before transferring a crew between permits held by the same permittee. Notification of intention to terminate operations or to suspend operations more than thirty (30) days shall also be given in writing not less than fifteen (15) days in advance of such termination. Copies of all notices and reports shall be sent to the Sacramento Headquarters Office. At least twenty-four (24) hours before commencing operations within three (3) miles of shore, or in any new area whose boundaries shall be defined in the permit, where he has not operated during the preceding one (1) month, the permittee shall discuss the forthcoming operations with the department at Sacramento Headquarters or other office as designated in the permit.
(i) On the fifteenth and last days of each month of seismic operation, the permittee shall submit a report of dates, location, and number of detonations made in the preceding period. A report shall be submitted for each permit for each half-month period whether operations were actually conducted or not. The report shall include the species and weight of edible fish disposed of, as provided in paragraph (g), and the name of the recipient. Reports shall be submitted in duplicate in the manner provided for above in (h).
(j) All permits for seismic exploration shall be issued for a period of not to exceed six (6) months, but may be renewed from time to time thereafter, for such periods not to exceed six (6) months at a time, as the department may approve. Separate permits are required for: (1) the ocean waters; (2) each inland water operation regardless of location.
(k) Every permittee shall post a copy of said permit for seismic exploration in a conspicuous place aboard the main survey vessel where it can be inspected by the observer and survey crew at any time.
( l) No permit granted pursuant to these regulations for seismic exploration shall be valid or exercised unless at the same time the permittee has a permit in full force and effect issued by the State Lands Commission of California and authorizing such seismic operations.
(m) Any permit issued pursuant to these regulations for seismic exploration may be canceled or suspended at any time by the commission for cause after notice and opportunity to be heard, or without a hearing upon conviction of a violation of these regulations by a court of competent jurisdiction.
(n) A permit to use explosives in state waters inhabited by fish for other than seismic exploration shall be issued under the following conditions to ensure that the state's aquatic resources are protected (the granting or denial of a permit may be appealed pursuant to section 5500 of the Fish and Game Code):
(1) The permittee shall abide by all terms and conditions as set forth in the permit.
(2) The department may require that a department observer be present during the use of explosives in state waters. The permittee shall, at the department's request, reimburse the department for expenses incurred for an observer including, but not limited to, time, mileage and other expenses, at a rate to be determined by the department. Reimbursement to be paid into the Fish and Game Preservation Fund.
(3) The permittee may be required to provide a boat, operator and fish detecting instruments.
(4) An observer may, when there is a threat to the resource, cancel or delay the use of explosives in state waters.


Note: Authority and reference cited: Section 5500, Fish and Game Code.

s 225.1. Use of Explosives for Blasting or Special Purposes.
Under the authority of this section, any person may use explosives in the waters of this State for any lawful and valid purpose, other than the taking of animal life, whenever the amount of the charge is not more than one blasting cap or its equivalent. Also exempted are such explosives designated by the State Fire Marshal as agricultural and wildlife fireworks, according to Part 2, Div. 11, Section 12508 of the Health and Safety Code.
Anchors propelled into the ocean floor by explosives charges are emergency devices and do not require a permit.


Note: Authority cited: Section 5500, Fish and Game Code. Reference: Section 5500, Fish and Game Code; and Section 12508, Health and Safety Code.

s 225.5. Streams, Artificial Barriers.
Pursuant to the provisions of Section 5948 of the Fish and Game Code, the following shall constitute a log jam or debris accumulation or other artificial barrier preventing the passage of fish up and down stream or which is deleterious to fish:
(a) Any log jam or debris accumulation which has no well-defined channel through which all fish may pass upstream or downstream at any time without delay;
(b) Any log jam or debris accumulation in any stream which reduces the dissolved oxygen content below five parts of oxygen to one million parts of water, or causes any other condition toxic to fish or aquatic life.


Note: Authority and reference cited: Section 5948, Fish and Game Code.

s 225.7. Report of Fish Taken, to Be Made by Owner of Barge or Vessel for Hire.


Note: Authority and reference cited: Sections 7122 and 7923, Fish and Game Code.

s 225.8. Report of Marlin Taken by Sport Fishermen.


Note: Authority and reference cited: Section 7122, Fish and Game Code.

s 226. Issuance of Permits for Importing Live Aquatic Plants or Animals to Persons Other Than Registered Aquaculturists.


Note: Authority cited: Sections 1050, 2271, 6300-6303, 6306 and 6400, Fish and Game Code. Reference: Sections 1050, 2118, 2150, 2270, 2272, 6300-6303, 6306, 6400, 15600 and 15601, Fish and Game Code; Lacey Act of 1900 (18 U.S.C. 42, 43 and 44); Black Bass Act (16 U.S.C. 851-856); Endangered Species Act of 1973 (16 U.S.C. 1531-1543); and Convention on International Trade in Endangered Species of Wild Fauna and Flora, 1983.

s 226.5. Issuance of Permits to Destroy Harmful Species of Fish in Private Waters for Management Purposes.
Pursuant to the provisions of section 5501 of the Fish and Game Code, free permits for depredation purposes to take any species of fish which, in the opinion of the Department of Fish and Game, is harmful to other species of fish may be issued by the department on the following terms:
(a) Subject to paragraph (g) of this section, such fish may be destroyed by means of chemicals, seining or draining.
(b) Application shall be made to the Regional Manager of the Department of Fish and Game for the region in which the water is located. An application form will be supplied to each applicant upon request.
(c) All waters to be treated, seined or drained shall be entirely within the exterior boundaries of the land owned or leased by the applicant or applicants.
(d) Permits shall not be granted for streams or rivers.
(e) No permit may be granted if, in the judgment of the Department of Fish and Game, it contains publicly owned fish of desirable species which should be protected.
(f) Permittees shall notify the Regional Office of the Department of Fish and Game 10 days in advance of operations so that arrangements may be made for observation by the department if that is deemed desirable.
(g) No water may be chemically treated if, in the judgment of the Department of Fish and Game, the chemical could escape to other waters and endanger publicly owned fish.
(h) The Department of Fish and Game may specify the nature and amount of chemical to be used and its mode of application.
(i) Fish recovered under authority of this permit may not be sold (see section 226.7).
(j) The permittee agrees to hold the State of California, its agents, servants and employees free and harmless from all claims for damages resulting from the permittee's negligence or willful failure to follow the department's written recommendations prescribed for the chemical treatment of any water.
(k) Permits may be revoked for a violation of the terms thereof or for a conviction of any violation of any provision of the Fish and Game Code or commission regulations pertaining to activities covered by the permit. In order to protect fishery resources, permits may be revoked or amended without notice. Said revocations or amendments are subject to review by the commission.
( l) Permits shall only be issued upon the condition contained in the application and signed by the applicant that he has read, understands and agrees to be bound by all the terms of the permit and these regulations.


Note: Authority cited: Sections 2120, 5510 and 8437, Fish and Game Code. Reference: Sections 2120, 5501, 5510 and 8437, Fish and Game Code.

s 226.7. Issuance of Permits and Conditions for Taking Inland or Freshwater Fishes.
Pursuant to the provisions of section 8437 of the Fish and Game Code, inland or freshwater fishes listed in this section may not be taken for commercial purposes except in accordance with the following regulations:
(a) This section does not apply to the taking of live freshwater fish for bait purposes (see sections 8460-8463 of the Fish and Game Code and sections 200-200.31 of title 14).
(b) Licenses and permits required.
(1) Fishes listed in this section may not be taken for commercial purposes except under a revocable, nontransferable permit issued by the department. Applications for the permit shall be made to the regional manager for the region in which the fish are to be taken. An application form will be supplied to each applicant upon request.
(2) Persons taking fishes listed in this section for commercial purposes shall also comply with requirements of the Fish and Game Code relating to commercial fishing licenses, commercial fishing vessel registration, and other applicable commercial laws.
(3) Every person who takes for commercial purposes, assists in taking, possesses or transports the fishes listed in this section while on any boat or vessel, or who uses or operates or assists in using or operating any boat, trap, or other appliance to take fish, must have a valid permit issued to him and must be in possession of said permit while engaged in any such activities.
(c) Permits shall be issued for not longer than one year. Permits may be revoked for a violation of the terms thereof or for a conviction of any violation of any provision of the Fish and Game Code or commission regulations pertaining to activities covered by the permit. In order to protect fishery resources, permits may be revoked or amended without notice. Said revocations or amendments are subject to review by the commission.
(d) The department may withhold a permit for one year following a conviction of a violation of any provision of the Fish and Game Code, or commission regulations relating to activities covered by the permit.
(e) Permits shall only be issued after the application has been signed by the applicant indicating that he has read, understands and agrees to the terms of the permit and these regulations. See subsection 699(b) of these regulations for the fee for this permit.
(f) Only the following fishes are authorized to be taken: Freshwater mollusks, threadfin shad (Dorosoma petenense) and fishes belonging to the lamprey family (Petromyzontidae), smelt family (Osmeridae), sucker family (Catostomidae), carp or minnow family (Cyprinidae) except grass carp (Ctenopharyngodon idella), killifish family (Cyprinodontidae), livebearer family (Poeciliidae), silverside family (Atherinidae), cichlid family (Cichlidae), gray mullet family (Mugilidae), sculpin family (Cottidae), stickleback family (Gasterosteidae), and goby family (Gobiidae). Any grass carp inadvertently taken must be immediately returned unharmed to the water.
(g) All species other than those specified in the permit shall be returned immediately in good condition to the water of origin.
(h) All fish authorized to be taken by the permit must be captured only in those waters and only with those types of gear specified in the permit.
(i) Areas and periods of fishing and the amount taken may be restricted by the department as necessary to protect authorized fishes or other fishes or to reduce interference with angling.
(j) Permittee shall comply with all requirements of the department with respect to construction and deployment of fishing gear.
(k) The permittee shall provide the department with a schedule of fishing operations as required by the department.
(l) The department may require that an employee of the department be present to inspect fishing operations. All costs of such inspection shall be borne by the permittee.
(m) The department may require that the permittee submit reports at the end of each month showing the total number and/or weight of each species taken from each water specified in the permit, the number and/or approximate total weight of each species returned to the water, and such other data as the department may request.


Note: Authority cited: Sections 2120, 5510, 8437, 8462 and 8475, Fish and Game Code. Reference: Sections 2120, 5501, 5510, 8437, 8462 and 8475, Fish and Game Code.

s 227. Sale of Live Aquaculture Products by Aquarium or Pet Stores.
(a) No live aquaculture products shall be maintained or sold by aquarium or pet stores except the following:
(1) Tropical species of ornamental marine or freshwater plants and animals not utilized for human consumption or bait purposes;
(2) Goldfish;
(3) Koi;
(4) Albino channel catfish;
(5) White sturgeon not to exceed 8 inches in total length;
(6) Giant freshwater prawn (Macrobrachium rosenbergi);
(7) Brine shrimp;
(8) Worms of the family Tubificidae;
(9) Crustaceans of the order Amphipoda that are native to California waters;
(10) Mosquitofish, Gambusia affinis, except that mosquitofish may not be sold by aquarium or pet stores in Inyo, Mono, San Bernardino, Riverside and Imperial counties.
(11) Abalone.
(b) White sturgeon and abalone shall be sold only under an Aquarium Dealer's Permit issued by the department to the owner of the aquarium or pet store. Applications shall be made on a department form available upon request from the Department of Fish and Game, Wildlife Protection Division, 1416 Ninth Street, Sacramento, California 95814. The permit shall be issued free of charge on a calendar year basis, or part thereof. See subsection 699(b) of these regulations for the fee for this permit. Aquarium dealer permittees shall maintain a log of all sales and shipments of live sturgeon and abalone, the name of the individual, company or organization taking possession of the product, the date of sale and the number of sturgeon or abalone sold. The log shall be shown upon request by an authorized department official.
(c) All abalone sold under an aquarium dealer's permit shall be marked as provided by section 238(e)(1)(B) of this title.
(d) Under no condition shall any live aquaculture product sold at an aquarium or pet store be planted in any waters of the state.


Note: Authority cited: Sections 1050, 15005, 15200 and 15202, Fish and Game Code. Reference: Sections 1050 and 8371, Fish and Game Code.

s 228. Suction Dredging.
For purposes of these regulations, suction dredging (also called vacuum dredging) is defined as the use of a suction system to remove and return material at the bottom of a stream, river, or lake for the extraction of minerals. Suction dredges may only be used pursuant to the following provisions:
(a) Permit requirement. Every person who operates the intake nozzle of any suction dredge shall have a suction dredge permit in his/her immediate possession. Suction dredge permits shall be valid from the first of the year for one calendar year or if issued after the first of the year, for the remainder of that year. The department will charge a fee for each suction dredge permit pursuant to Section 5653(c), Fish and Game Code. Permits may be obtained at any Regional office or at the License and Revenue Branch office.
Any person with a qualifying disability under the Americans With Disabilities Act, who presents a Disabled Person DMV registration or other State, or Federal approved documentation of disability, and who requires assistance in operating a suction dredge may also apply for an assistant suction dredge permit. Any assistant suction dredge permit issued by the department to such disabled person shall be in the disabled applicant's name and shall be issued at no charge. The disabled permittee must be present at the dredge site while the assistant is operating the suction dredge. The assistant shall have the assistant suction dredge permit in his/her immediate possession while assisting the disabled permittee in suction dredging activities. Any assistant may be prosecuted for a violation of the laws or regulations pertaining to suction dredging. The disabled permittee may be prosecuted for a violation of the laws or regulations pertaining to suction dredging committed by his/her assistant. (continued)