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34 <> 04.00' N. lat. 119 <> 51.00' W. long.
(A) Take of all living marine resources is prohibited except for the recreational take of spiny lobster (Panulirus interruptus) and pelagic finfish [subsection 632(a)(2)].
(50) Gull Island (Santa Cruz Island) State Marine Reserve. This area is bounded by the mean high tide line and the following points:
33 <> 58.00' N. lat. 119 <> 51.00' W. long.;
33 <> 58.00' N. lat. 119 <> 53.00' W. long.;
33 <> 55.20' N. lat. 119 <> 53.00' W. long.;
33 <> 55.20' N. lat. 119 <> 48.00' W. long.; and
33 <> 57.70' N. lat. 119 <> 48.00' W. long.
(51) Scorpion (Santa Cruz Island) State Marine Reserve. This area is bounded by the mean high tide line and the following points:
34 <> 02.94' N. lat. 119 <> 35.50' W. long.;
34 <> 06.20' N. lat. 119 <> 35.50 W. long.;
34 <> 06.20' N. lat. 119 <> 32.80' W. long.; and
34 <> 02.80' N. lat. 119 <> 32.80' W. long.
(52) Anacapa Island Special Closure.
(A) No net or trap may be used in waters less than 20 feet deep off the Anacapa Islands commonly referred to as Anacapa Island.
(B) A brown pelican fledgling area is designated from the mean high tide mark seaward to a water depth of 20 fathoms (120 feet) on the north side of West Anacapa Island between a line extending 000 <> True off Portuguese Rock (34 <> 00.91' N. lat. 119 <> 25.26' W. long.) to a line extending 000 <> True off the western edge of Frenchy's Cove (34 << degrees>> 00.4' N. lat. 119 <> 24.6' W. long.), a distance of approximately 4,000 feet. No person except department employees or employees of the National Park Service in the performance of their official duties shall enter this area during the period January 1 to October 31.
(53) Anacapa Island State Marine Conservation Area. This area is bounded by the mean high tide line and the following points:
34 <> 00.80' N. lat. 119 <> 26.70' W. long.;
34 <> 04.00' N. lat. 119 <> 26.70' W. long.;
34 <> 04.00' N. lat. 119 <> 24.60' W. long.; and
34 <> 00.40' N. lat. 119 <> 24.60' W. long.
(A) Take of all living marine resources is prohibited except for the recreational take of spiny lobster (Panulirus interruptus) and pelagic finfish [subsection 632(a)(2)] and the commercial take of spiny lobster.
(54) Anacapa Island State Marine Reserve. This area is bounded by the mean high tide line and the following points:
34 <> 00.40' N. lat. 119 <> 24.60' W. long.;
34 <> 04.00' N. lat. 119 <> 24.60' W. long.;
34 <> 04.00' N. lat. 119 <> 21.40' W. long.; and
34 <> 01.00' N. lat. 119 <> 21.40' W. long.
(55) Big Sycamore Canyon State Marine Reserve. This area is bounded by the 5- fathom depth contour, the 20-fathom depth contour, and the following points:
34 <> 04.79' N. lat. 119 <> 02.03' W. long.;
34 <> 03.92' N. lat. 119 <> 02.70' W. long.;
34 <> 02.97' N. lat. 119 <> 00.00' W. long.; and
34 <> 03.86' N. lat. 119 <> 00.00' W. long.
(A) Swimming. No person shall swim, wade, dive, or use any diving equipment within the Big Sycamore Canyon State Marine Reserve except as authorized pursuant to scientific research approved by the department.
(B) Boating. Except as allowed pursuant to Federal law, no person shall launch or operate a boat or other floating device within the Big Sycamore Canyon State Marine Reserve except to pass through the area during the normal course of vessel transit along the coast, to avoid inclement weather, or pursuant to scientific research approved by the department.
(C) Firearms. No person shall possess, fire, or discharge any firearm, bow and arrow, air or gas gun, spear gun, or any other weapon of any kind within, or into the Big Sycamore Canyon State Marine Reserve except as authorized pursuant to scientific research approved by the department.
(D) Public Entry. Public entry into the Big Sycamore Canyon State Marine Reserve may be restricted at the discretion of the department to protect wildlife, aquatic life, or habitat. No person, except state and local law enforcement officers, fire suppression agencies and employees of the department in the performance of their official duties or persons possessing written permission from the department, or institution or agency entering into a memorandum of understanding (MOU) with the department, may enter an area which is closed to public entry.
(E) Pesticides, Herbicides, and Other Regulated Chemicals. The use of pesticides, herbicides, and other regulated chemicals is prohibited in the Big Sycamore Canyon State Marine Reserve except as authorized pursuant to scientific research approved by the department. Where such chemicals are intended to be used as a part of any research program, any necessary authorization and/or permits required to dispense such chemicals into state waters or tide and submerged lands shall be obtained prior to final approval of the research by the department.
(F) Litter. No person shall deposit, drop, or scatter any debris on the Big Sycamore Canyon State Marine Reserve. Any refuse resulting from a person's use of an area must be removed from that area by such person.
(G) Aircraft. No person shall operate any aircraft or hovercraft within the Big Sycamore Canyon State Marine Reserve, except as authorized pursuant to scientific research approved by the department.
(H) Pets. Pets, including but not limited to, dogs and cats, are prohibited from entering the Big Sycamore Canyon State Marine Reserve unless authorized by the department.
(I) Memorandum of Understanding (MOU). The department may enter into MOU's with colleges, universities, and other bonafide research organizations to conduct marine-related research within the Big Sycamore Canyon State Marine Reserve.
(J) The department shall notify the California Department of Parks and Recreation of scientific research approved within the Big Sycamore Canyon State Marine Reserve.
(56) Santa Barbara Island State Marine Reserve. This area is bounded by the mean high tide line, the three nautical mile offshore boundary and the following points:
33 <> 28.50' N. lat. 119 <> 01.70' W. long.;
33 <> 28.50' N. lat. 118 <> 58.20' W. long.;
33 <> 24.90' N. lat. 119 <> 02.20' W. long.; and
33 <> 27.90' N. lat. 119 <> 02.20' W. long.
(57) Abalone Cove State Marine Park. This area is bounded by the mean high tide line and the following points:
33 <> 44.53' N. lat. 118 <> 22.83' W. long.;
33 <> 44.47' N. lat. 118 <> 22.83' W. long.;
33 <> 44.14' N. lat. 118 <> 22.47' W. long.;
33 <> 44.14' N. lat. 118 <> 22.12' W. long.; and
33 <> 44.19' N. lat. 118 <> 22.12' W. long.
(A) Take of all living marine resources is prohibited except the recreational take of finfish by hook and line or spear.
(58) Point Fermin State Marine Park. This area is bounded by the mean high tide line, a distance of 600 feet offshore, and the following points:
33 <> 42.31' N. lat. 118 <> 17.57' W. long.;
33 <> 42.21' N. lat. 118 <> 17.57' W. long.;
33 <> 42.47' N. lat. 118 <> 17.00' W. long.; and
33 <> 42.47' N. lat. 118 <> 17.13' W. long.
(A) Take of all living marine resources is prohibited except the recreational take of: lobster, rockfish (family Scorpaenidae), greenling, lingcod, cabezon, yellowtail, mackerel, bluefin tuna, kelp bass, spotted sand bass, barred sand bass, sargo, croaker, queenfish, corbina, white seabass, opaleye, halfmoon, surfperch (family Embiotocidae), blacksmith, barracuda, sheephead, bonito, California halibut, sole, turbot, and sanddab. Finfish shall be taken only by hook and line or by spearfishing gear.
(59) Bolsa Chica State Marine Park. This area consists of waters below the mean high tide line within the Bolsa Chica Ecological Reserve.
(A) Take of all living marine resources is prohibited except the recreational hook and line take of species other than marine aquatic plants from designated areas around outer Bolsa Bay.
(B) Boating, swimming, wading, and diving are prohibited within the park.
(C) No person, except State and local law enforcement officers, fire suppression agencies and employees of the department in the performance of their official duties or persons possessing written permission from the department or employees of Signal Corporation and its invitees for the purpose of carrying out oil and gas operations, shall enter this park and remain therein except on established trails, paths, or other designated areas.
(D) No person shall enter this park between the hours of 8:00 p.m. and 6:00 a.m.
(E) The County of Orange, after consultation with the department, may carry out management activities for fish and wildlife, flood control and vector control. Authorized operation and maintenance activities shall include, but shall not be limited to, use of chemicals, vegetation control, water control and use of associated equipment.
(60) Special Closure: Arrow Point to Lion Head Point (Catalina Island) Invertebrate Area. This area is bounded by the mean high tide line, a distance of 1000 feet offshore and the following points:
33 <> 28.64' N. lat. 118 <> 32.33' W. long.;
33 <> 28.82' N. lat. 118 <> 32.33' W. long.;
33 <> 27.25' N. lat. 118 <> 29.90' W. long.; and
33 <> 27.18' N. lat. 118 <> 30.07' W. long.
(A) No recreational take of invertebrates is allowed.
(61) Catalina Marine Science Center State Marine Reserve. This area is bounded by the mean high tide line and the following points:
33 <> 26.65' N. lat. 118 <> 29.33' W. long.;
33 <> 26.83' N. lat. 118 <> 29.13' W. long.;
33 <> 26.96' N. lat. 118 <> 28.56' W. long.;
33 <> 26.92' N. lat. 118 <> 28.53' W. long.; and
33 <> 26.87' N. lat. 118 <> 28.62' W. long.
(A) Except as pursuant to Federal law, emergency caused by hazardous weather, or as provided in this section, it is unlawful to anchor or moor a vessel in the Catalina Marine Science Center State Marine Reserve.
(B) The director of the Catalina Marine Science Center Marine State Marine Reserve, or any person that the director of the reserve has authorized may anchor or moor a vessel or take, for scientific purposes, any fish or specimen of marine life under the conditions prescribed by the department or the reserve director.
(62) Farnsworth Bank State Marine Conservation Area. This area consists of waters shallower than 250 feet within the area bounded by straight lines connecting the following points in the order listed:
33 <> 21.00' N. lat. 118 <> 32.00' W. long.;
33 <> 21.00' N. lat. 118 <> 30.50' W. long.;
33 <> 20.00' N. lat. 118 <> 30.50' W. long.;
33 <> 20.00' N. lat. 118 <> 32.00' W. long.; and
33 <> 21.00' N. lat. 118 <> 32.00' W. long.
(A) Take of purple coral (Stylaster californicus) is prohibited. Take of other living marine resources is allowed.
(63) Lover's Cove State Marine Conservation Area. This area is bounded by the mean high tide line, a distance of 100 yards offshore and the following points:
33 <> 20.64' N. lat. 118 <> 19.25' W. long.;
33 <> 20.67' N. lat. 118 <> 19.20' W. long.;
33 <> 20.59' N. lat. 118 <> 18.94' W. long.; and
33 <> 20.56' N. lat. 118 <> 18.98' W. long.
(A) Take of all living marine resources is prohibited except the commercial take of finfish and kelp.
(64) Upper Newport Bay State Marine Park. This area consists of waters below the mean high tide line within the Upper Newport Bay Ecological Reserve bounded by; the southern end of Shellmaker Island (33 <> 37.20' N. lat. 117 << degrees>> 53.51' W. long.) in the south, Back Bay Drive, East Bluff Drive, and Jamboree road in the east, the 10-foot elevation in the north and west, and a line connecting North Star Beach (33 <> 37.38' N. lat. 117 <> 53.60' W. long.) to the southern end of Shellmaker Island.
(A) Take of all living marine resources is prohibited except the recreational hook and line take of species other than kelp.
(B) Swimming is permitted only in the area between North Star Beach and mid-channel.
(C) Boats are limited to speeds less than five miles per hour.
(D) Shoreline access is limited to established trails, paths, or other designated areas.
(E) A $2.00 day use pass or a valid $10.00 annual wildlife pass is required of all users of Upper Newport Bay Ecological Reserve except: users that possess a valid California sport fishing license, hunting license or trapping license; users that are under 16 years of age; or users that are part of an organized youth or school group and having free permits issued by the appropriate regional office. Refer to subsections 550(b)(4) and (5), Title 14, CCR, for regulations for fee requirements for wildlife areas.
(65) Robert E. Badham State Marine Conservation Area. This area is bounded by the mean high tide line, a distance of 200 feet offshore and the following points:
33 <> 35.42' N. lat. 117 <> 52.22' W. long.;
33 <> 35.40' N. lat. 117 <> 52.24' W. long.;
33 <> 35.03' N. lat. 117 <> 51.78' W. long.; and
33 <> 35.05' N. lat. 117 <> 51.74' W. long.
(A) Take of all living marine resources is prohibited except:
1. Only the following species may be taken recreationally: lobster, rockfish (family Scorpaenidae), greenling, lingcod, cabezon, yellowtail, mackerel, bluefin tuna, kelp bass, spotted sand bass, barred sand bass, sargo, croaker, queenfish, corbina, white seabass, opaleye, halfmoon, surfperch (family Embiotocidae), blacksmith, barracuda, sheephead, bonito, California halibut, sole, turbot, and sanddab. Finfish shall be taken only by hook and line or by spearfishing gear.
2. Only spiny lobster may be taken commercially.
(66) Crystal Cove State Marine Conservation Area. This area is bounded by the mean high tide line, the 20-fathom depth contour, and the following points:
33 <> 35.05' N. lat. 117 <> 51.74' W. long.;
33 <> 34.76' N. lat. 117 <> 52.32' W. long.;
33 <> 33.27' N. lat. 117 <> 49.62' W. long.; and
33 <> 33.40' N. lat. 117 <> 49.18' W. long.
(A) Take of all living marine resources is prohibited except:
1. Only the following species may be taken recreationally: finfish, chiones, clams, cockles, rock scallops, native oysters, crabs, lobsters, ghost shrimp, sea urchins, mussels and marine worms except that no worms may be taken in any mussel bed unless taken incidentally to the take of mussels.
2. Only the following species may be taken commercially: finfish, crabs, ghost shrimp, jackknife clams, sea urchins, algae except giant kelp and bull kelp and worms except that no worms may be taken in any mussel bed, nor may any person pick up, remove, detach from the substrate any other organisms, or break up, move or destroy any rocks or other substrate or surfaces to which organisms are attached.
(67) Irvine Coast State Marine Conservation Area. This area is bounded by the mean high tide line, a distance of 600 feet offshore, and the following points:
33 <> 35.05' N. lat. 117 <> 51.74' W. long.;
33 <> 35.00' N. lat. 117 <> 51.84' W. long.;
33 <> 33.37' N. lat. 117 <> 49.28' W. long; and
33 <> 33.40' N. lat. 117 <> 49.18' W. long.
(A) Take of all living marine resources is prohibited except:
1. Only the following species may be taken recreationally: lobster, rockfish (family Scorpaenidae), greenling, lingcod, cabezon, yellowtail, mackerel, bluefin tuna, kelp bass, spotted sand bass, barred sand bass, sargo, croaker, queenfish, corbina, white seabass, opaleye, halfmoon, surfperch (family Embiotocidae), blacksmith, barracuda, sheephead, bonito, California halibut, sole, turbot, and sanddab. Finfish shall be taken only by hook and line or by spearfishing gear.
2. Only spiny lobster may be taken commercially.
(68) Laguna Beach State Marine Conservation Area. This area is bounded by the mean high tide line, a distance of 600 feet offshore, and the following points:
33 <> 32.86' N. lat. 117 <> 48.35' W. long.;
33 <> 32.78' N. lat. 117 <> 48.45' W. long.;
33 <> 30.37' N. lat. 117 <> 45.17' W. long.; and
33 <> 30.43' N. lat. 117 <> 45.06' W. long.
(A) Take of all living marine resources is prohibited except:
1. Only the following species may be taken recreationally: lobster, rockfish (family Scorpaenidae), greenling, lingcod, cabezon, yellowtail, mackerel, bluefin tuna, kelp bass, spotted sand bass, barred sand bass, sargo, croaker, queenfish, corbina, white seabass, opaleye, halfmoon, surfperch (family Embiotocidae), blacksmith, barracuda, sheephead, bonito, California halibut, sole, turbot, and sanddab. Finfish shall be taken only by hook and line or by spearfishing gear.
2. Only spiny lobster may be taken commercially.
(69) Heisler Park State Marine Reserve. This area is bounded by the mean high tide line and the following points:
33 <> 32.66' N. lat. 117 <> 47.61' W. long.;
33 <> 32.53' N. lat. 117 <> 47.66' W. long.;
33 <> 32.43' N. lat. 117 <> 47.26' W. long.; and
33 <> 32.56' N. lat. 117 <> 47.30' W. long.
(A) Boats may be launched and retrieved only in designated areas and may be anchored within the reserve only during daylight hours.
(70) South Laguna Beach State Marine Conservation Area. This area is bounded by the mean high tide line, the 20-foot depth contour, and the following points:
33 <> 30.43' N. lat. 117 <> 45.06' W. long.;
33 <> 30.37' N. lat. 117 <> 45.17' W. long.;
33 <> 30.04' N. lat. 117 <> 44.91' W. long.; and
33 <> 30.15' N. lat. 117 <> 44.81' W. long.
(A) Take of all living marine resources is prohibited except:
1. Only the following species may be taken recreationally: lobster, rockfish (family Scorpaenidae), greenling, lingcod, cabezon, yellowtail, mackerel, bluefin tuna, kelp bass, spotted sand bass, barred sand bass, sargo, croaker, queenfish, corbina, white seabass, opaleye, halfmoon, surfperch (family Embiotocidae), blacksmith, barracuda, sheephead, bonito, California halibut, sole, turbot, and sanddab. Finfish shall be taken only by hook and line or by spearfishing gear.
2. Only spiny lobster may be taken commercially.
(71) Niguel State Marine Conservation Area. This area is bounded by the mean high tide line, a distance of 1200 feet offshore, and the following points:
33 <> 29.15' N. lat. 117 <> 44.05' W. long.;
33 <> 29.15' N. lat. 117 <> 44.30' W. long.;
33 <> 27.74' N. lat. 117 <> 43.18' W. long.; and
33 <> 27.74' N. lat. 117 <> 42.95' W. long.
(A) Take of all living marine resources is prohibited except:
1. Only the following species may be taken recreationally: lobster, rockfish (family Scorpaenidae), greenling, lingcod, cabezon, yellowtail, mackerel, bluefin tuna, kelp bass, spotted sand bass, barred sand bass, sargo, croaker, queenfish, corbina, white seabass, opaleye, halfmoon, surfperch (family Embiotocidae), blacksmith, barracuda, sheephead, bonito, California halibut, sole, turbot, and sanddab. Finfish shall be taken only by hook and line or by spearfishing gear.
2. Only spiny lobster may be taken commercially.
(72) Dana Point State Marine Park. This area is bounded by the mean high tide line, a distance of 1200 feet offshore, and the following points:
33 <> 27.74' N. lat. 117 <> 42.95' W. long.;
33 <> 27.74' N. lat. 117 <> 43.18' W. long.;
33 <> 27.47' N. lat. 117 <> 42.28' W. long.; and
33 <> 27.63' N. lat. 117 <> 42.45' W. long.
(A) Take of all living marine resources is prohibited except the recreational take of the following species below the mean lower low-water mark: lobster, rockfish (family Scorpaenidae), greenling, lingcod, cabezon, yellowtail, mackerel, bluefin tuna, kelp bass, spotted sand bass, barred sand bass, sargo, croaker, queenfish, corbina, white seabass, opaleye, halfmoon, surfperch (family Embiotocidae), blacksmith, barracuda, sheephead, bonito, California halibut, sole, turbot, and sanddab. Finfish shall be taken only by hook and line or by spearfishing gear.
(B) Except as expressly provided in this section, it is unlawful to enter the intertidal zone in the Dana Point State Marine Park for the purpose of taking or possessing, or to take or possess, any species of fish, plant, or invertebrate, or part thereof; to use or have in possession any contrivance designed to be used for catching fish; to disturb any native plant, fish, wildlife, aquatic organism; or to take or disturb any natural geological feature. This subdivision does not prohibit persons from entering the intertidal zone for the purpose of entertainment, recreation, and education while having a minimum impact on the intertidal environment and the living organisms therein. For this purpose, minimum impact includes foot traffic; general observation of organisms in their environment with immediate replacement of any unattached organisms to their natural location after temporary lifting for examination; and photography. Minimum impact does not include removal of attached organisms from their environment; gathering of fishing bait; littering, collecting rocks and shells; or turning rocks or other acts destructive to the environment.
(C) The department director may appoint a director of the Dana Point State Marine Park.
1. The director of the Dana Point State Marine Park may issue a special collecting permit authorizing any person to enter the park for the purposes of scientific collecting under the conditions of a scientific collector's permit issued by the department.
(D) Notwithstanding subsections 632(b)(67)(A) or 632(b)(67)(B), the director of the Dana Point State Marine Park, or any person who has a scientific collector's permit from the department and to whom the director of the Dana Point State Marine Park has issued a special collecting permit may take, for scientific purposes, any fish or specimen of marine plant life under the conditions prescribed by the department.
(E) This section does not prohibit the entry of state and local law enforcement officers, fire suppression agencies, and employees of the department in the performance of their official duties. This section does not prohibit or restrict navigation in the Dana Point State Marine Park pursuant to federal law.
(73) Doheny Beach State Marine Conservation Area. This area is bounded by the mean high tide line, a distance of 600 feet offshore, and the following points:
33 <> 27.70' N. lat. 117 <> 41.38' W. long.;
33 <> 27.60' N. lat. 117 <> 41.38' W. long.;
33 <> 27.27' N. lat. 117 <> 40.28' W. long.; and
33 <> 27.35' N. lat. 117 <> 40.21' W. long.
(A) Take of all living marine resources is prohibited except:
1. Only the following species may be taken recreationally: lobster, rockfish (family Scorpaenidae), greenling, lingcod, cabezon, yellowtail, mackerel, bluefin tuna, kelp bass, spotted sand bass, barred sand bass, sargo, croaker, queenfish, corbina, white seabass, opaleye, halfmoon, surfperch (family Embiotocidae), blacksmith, barracuda, sheephead, bonito, California halibut, sole, turbot, and sanddab. Finfish shall be taken only by hook and line or by spearfishing gear.
2. Only spiny lobster may be taken commercially.
(74) Doheny State Marine Conservation Area. This area is bounded by the mean high tide line, a distance of 1,500 feet offshore, and the following points:
33 <> 27.70' N. lat. 117 <> 41.38' W. long.;
33 <> 27.45' N. lat. 117 <> 41.39' W. long.;
33 <> 27.15' N. lat. 117 <> 40.38' W. long.; and
33 <> 27.35' N. lat. 117 <> 40.21' W. long.
(A) No recreational take of living or non-living marine resources is allowed except: finfish, chiones, clams, cockles, rock scallops, native oysters, crabs, lobsters, ghost shrimp, sea urchins, mussels and marine worms except that no worms may be taken in any mussel bed unless taken incidentally to the take of mussels. Commercial take is allowed.
(75) Buena Vista Lagoon State Marine Park. This area consists of waters below the mean high tide line within the Buena Vista Lagoon Ecological Reserve.
(A) Take of all living marine resources is prohibited except the recreational take of species other than kelp by hook and line in designated areas and at designated times only.
(B) Boating, swimming, wading, and diving are prohibited within the park.
(C) The County of San Diego, after consultation with the department, may carry out management activities for fish and wildlife, flood control and vector control. Authorized operation and maintenance activities shall include, but shall not be limited to, use of chemicals, vegetation control, water control and use of associated equipment.
(76) Agua Hedionda Lagoon State Marine Reserve. This area consists of waters below the mean high tide line within the Agua Hedionda Lagoon Ecological Reserve.
(A) The department, and the County of San Diego, after consultation with the department, may carry out management activities for fish and wildlife, flood control and vector control. Authorized operation and maintenance activities shall include, but shall not be limited to, use of chemicals, vegetation control, water control and use of associated equipment.
(77) Batiquitos Lagoon State Marine Park. This area consists of waters below the mean high tide line within the Batiquitos Lagoon Ecological Reserve.
(A) Take of all living marine resources is prohibited except the recreational take of finfish by hook and line from shore.
(B) Boating, swimming, wading, and diving are prohibited within the park.
(C) San Diego County, after consultation with the department, may carry out management activities necessary for fish and wildlife management, flood control and vector control. Authorized operation and maintenance activities shall include, but shall not be limited to, use of chemicals, vegetation control, water control and associated use of equipment.
(78) Encinitas State Marine Conservation Area. This area is bounded by the mean high tide line, as distance of 600 feet offshore, and the following points:
33 <> 02.74' N. lat. 117 <> 17.88' W. long.;
33 <> 02.70' N. lat. 117 <> 18.00' W. long.;
33 <> 01.98' N. lat. 117 <> 17.64' W. long.; and
33 <> 02.04' N. lat. 117 <> 17.54' W. long.
(A) Take of all living marine resources is prohibited except the commercial and recreational take of finfish.
(79) Cardiff-San Elijo State Marine Conservation Area. This area is bounded by the mean high tide line, a distance of 3000 feet offshore, and the following points:
33 <> 02.04' N. lat. 117 <> 17.54' W. long.;
33 <> 01.75' N. lat. 117 <> 18.03' W. long.;
33 <> 00.06' N. lat. 117 <> 17.27' W. long.; and
33 <> 00.29' N. lat. 117 <> 16.73' W. long.
(A) No recreational take of living or non-living marine resources is allowed except: finfish, chiones, clams, cockles, rock scallops, native oysters, crabs, lobsters, ghost shrimp, sea urchins, mussels and marine worms except that no worms may be taken in any mussel bed unless taken incidentally to the take of mussels. Commercial take is allowed.
(80) San Elijo Lagoon State Marine Park. This area consists of waters below the mean high tide line within the San Elijo Lagoon Ecological Reserve.
(A) Take of all living marine resources is prohibited except the recreational take of finfish by hook and line from shore.
(B) Boating, swimming, wading, and diving are prohibited within the park.
(C) San Diego County, after consultation with the department, may carry out management activities for fish and wildlife management, flood control, vector control and regional park recreational activities. Authorized operation and maintenance activities shall include, but shall not be limited to, use of chemicals, vegetation control, water control, minor ditching and use of associated equipment.
(D) Collections may be made by the department for purposes of fish and wildlife management or by San Diego County for the purpose of water quality testing and vector control.
(81) San Dieguito Lagoon State Marine Park. This area consists of waters below the mean high tide line within the San Dieguito Lagoon Ecological Reserve.
(A) Take of all living marine resources is prohibited except the recreational take of finfish by hook and line from shore and the Grand Avenue bridge.
(B) Boating, swimming, wading, and diving are prohibited within the park.
(C) No person, except state and local law enforcement officers, fire suppression agencies and employees of the department in the performance of their official duties or persons possessing written permission from the department, shall be permitted on the California least tern nesting island.
(D) No person, except state and local law enforcement officers, fire suppression agencies and employees of the department in the performance of their official duties or persons possessing written permission from the department, shall enter this park between 8:00 p.m. and 5:00 a.m.
(E) The County of San Diego, after consultation with the department, may carry out management activities for fish and wildlife, flood control and vector control. Authorized operation and maintenance activities shall include, but shall not be limited to, use of chemicals, vegetation control, water control and use of associated equipment.
(F) Collections of fish, wildlife, water and soil may be made by the department for the purposes of fish and wildlife management or by San Diego County for the purposes of water quality testing and vector control.
(82) San Diego-Scripps State Marine Conservation Area. This area is bounded by the mean high tide line, a distance of 1000 feet offshore, and the following points:
32 <> 52.28' N. lat. 117 <> 15.16' W. long.;
32 <> 52.32' N. lat. 117 <> 15.34' W. long.;
32 <> 51.86' N. lat. 117 <> 15.48' W. long.; and
32 <> 51.86' N. lat. 117 <> 15.28' W. long.;
(A) Take of all living marine resources is prohibited except the commercial and recreational take of finfish.
(B) Licensees of the Regents of the University of California and all officers, employees, and students of such university may take, for scientific purposes, any invertebrate or specimen of marine plant life without a permit from the department.
(83) La Jolla State Marine Conservation Area. This area is bounded by the mean high tide line and the following points:
32 <> 51.86' N. lat. 117 <> 15.28' W. long.;
32 <> 51.86' N. lat. 117 <> 16.25' W. long.;
32 <> 51.22' N. lat. 117 <> 16.17' W. long.; and
32 <> 51.07' N. lat. 117 <> 16.40' W. long.
(A) Take of all living marine resources is prohibited except commercial bait fishing for squid by use of hand-held scoop net west of a line drawn due north from Goldfish Point.
(B) Boats may be launched and retrieved only in designated areas and may be anchored within the conservation area only during daylight hours.
(84) Mia J. Tegner State Marine Conservation Area. This area is bounded by the mean high tide line, a distance of 150 feet offshore, and the following points:
32 <> 40.27' N. lat. 117 <> 14.73' W. long.;
32 <> 40.27' N. lat. 117 <> 14.76' W. long.;
32 <> 39.91' N. lat. 117 <> 14.42' W. long.; and
32 <> 39.94' N. lat. 117 <> 14.44' W. long.
(A) Take of all living marine resources is prohibited except the recreational take of finfish and the commercial take of finfish and marine aquatic plants.
Note: Authority cited: Sections 200, 202, 203.1, 205(c), 219, 220, 1590, 1591, 2860, 2861(c), 6750 and 10502.6, Fish and Game Code; and Sections 36725(a) and 36725(e), Public Resources Code. Reference: Sections 200, 202, 203.1, 205(c), 219, 220, 1580, 1583, 5521, 6653, 8420(e) and 8500, Fish and Game Code; and Sections 36725(a) and 36725(e), Public Resources Code.
s 640. Management of Fish and Wildlife on Military Lands.
(a) Agreements: Pursuant to the provisions of Section 3450-3453 of the Fish and Game Code, the department may enter into agreements with the United States Department of Defense to provide for the development and administration of fish and wildlife management plans and programs on military installations. Such plans and programs shall be designed to provide biologically optimum levels of fish and wildlife resource management and use compatible with the primary military use of those lands. Military lands covered by such agreements shall not be available to the general public without the consent of the commanding officer responsible for such military lands.
(b) Military Lands Fish and Wildlife Management Plan: A fish and wildlife management plan shall be submitted to the department in writing, pursuant to agreements of Section 640(a). Upon the department's approval, the plan shall be submitted to the Commission for concurrence at the next scheduled meeting. The management plan shall include, but not be limited to the following information:
(1) A statement of management objectives;
(2) A description of the area;
(3) A description of the fish and wildlife resources and a statement on the condition of the habitat;
(4) A discussion of the appropriative and non-appropriative use of the resources; and
(5) A discussion of the projects on the area to improve habitat for fish and wildlife.
(c) Annual Review: The department shall annually review the implementation of the provisions of the management plan for each participating military installation and report its findings to the Commission annually at its February meeting. The Director of the department shall be informed annually prior to December 1 or any proposed modification of the management plan for the following calendar year. Such proposals shall include any request for the adoption of hunting and fishing regulations which may differ from those proposed by the department of the lands adjacent to the specified military installation. The department shall forward such proposals to the Commission within 60 days. Such requests shall include the following information:
(1) Species to be regulated;
(2) Proposed harvest regimes including areas, seasons, bag and possession limits and special conditions;
(3) Opportunities available to the general public, if any; and
(4) Biological data to support proposed regulations.
(d) Records: Records of the number and species of animals harvested pursuant to the management plan shall be maintained and this information shall be submitted to the department by December 1 of each year.
(e) Termination of Agreement: The commanding officer of a participating military installation or the department may terminate any agreement provided for herein upon 30 days' written notice to the Commission.
Note: Authority cited: Sections 3452 and 3453, Fish and Game Code. Reference: Sections 3450-3453, Fish and Game Code.
s 650. Scientific Collecting Permits.
(a) General. Except as otherwise provided, it is unlawful to take or possess marine plants, live or dead birds, mammals, fishes, amphibians, or reptiles for scientific, educational, or propagation purposes except as authorized by a permit issued by the department. Notwithstanding Fish and Game Code Section 86, take includes capturing, marking, and releasing any animal.
(1) The department may authorize and limit the kind and number of specimens that may be taken, the type of equipment and methods used, the time and seasons for take, and the areas where take may occur.
(2) The permittee shall carry the permit and any amendments at all times when conducting any activity authorized by the permit.
(3) The department may amend the conditions of a permit at any time.
(4) No person shall take any threatened, endangered, or fully protected animal except persons who have a valid Memorandum of Understanding in writing with the department. Any such wildlife inadvertently taken shall be immediately released at the site of capture except migratory birds may be banded with a federal leg band before release.
(b) Issuance of Permits. The department may issue permits to take wildlife and marine plants for bona fide scientific, educational, or propagation purposes to:
(1) Employees of local, state and federal agencies who take specimens in connection with their official duties.
(2) Faculty, professional staff, college level students of, or individuals hired by; public or private companies, educational institutions, zoological gardens or aquariums, in or out of state.
(3) Individuals who take wildlife or marine plants for other permittees or pursuant to environmental protection documents required by law.
(4) Individuals who possess a valid federal Bird Marking and Salvage Permit. Holders of this federal permit are not required to obtain a state permit to take migratory birds, other than raptorial birds.
(c) Applicant Qualifications and Requirements. Individuals who take wildlife or marine plants for use by schools, museums, and other organizations shall submit a written statement signed by a minimum of two faculty members of the institution verifying the take is required by the institution.
(1) Students required to take wildlife or marine plants for educational purposes shall submit proof of sponsorship from a faculty member requiring the take.
(2) Persons who take birds protected by the U.S. Migratory Bird Treaty Act must also possess all required federal permits.
(3) A permit shall not be issued to anyone under 18 years of age to mark birds except for students at the college level who must mark birds to meet an educational curriculum requirement and who have obtained the sponsorship of an instructor in such curriculum.
(d) Marking. Mark means any activity which results in placement of a color dye or other identifying device on an animal.
(e) Application. Each person must submit a completed application on SCIENTIFIC COLLECTING PERMIT APPLICATION, Form FG1379 (5/95), which is incorporated by reference herein. Application forms are available from the Department of Fish and Game, 3211 "S" Street, Sacramento, California 95816.
(f) Permit Revocation. The department may revoke, suspend or decline to renew a permit for failure to comply with the provisions of a permit or failure to comply with these regulations. Any person whose permit is denied, revoked, or suspended may request a hearing before the commission to appeal the department's decision.
(g) Permit Nontransferable. Permits are not transferable. Persons may assist the permittee if the permittee is present and overseeing the activities.
(h) Notification of Department Required Prior to Taking Specimens. Before taking any wildlife or marine plants, the permittee shall notify the department office designated in the permit and provide the following information; name and permit number; date, time and location of take; species, gear to be used, vehicle description, and number of persons in party. Such notification may be given by letter, telephone or personal contact. The department may require a minimum time for providing the advance notification as a condition of the permit.
(i) Reporting of Specimens Taken. Permittees shall submit a completed report of activities within 30 days of expiration of the permit except the department may waive the reporting requirements. The waiver shall be in writing.
(1) The department shall accept the report in any of the following formats:
(A) Written on REPORT OF SPECIMENS COLLECTED, Form FG1379a (10/95), which is incorporated by reference herein, or;
(B) Written as a SPECIAL REPORT as designated in the conditions of the permit, or;
(C) Electronically in a format and to an address specified by the department, or;
(D) As otherwise required in writing by the department.
(2) No permit will be renewed unless the completed report is received by the department within 30 days of the expiration date of the permit, or as directed in writing by the department.
(3) Reports of wildlife or marine plants taken after submission of application for renewal shall be included in the next year's report.
(4) A permittee who instructs a commercial fishing class shall submit the report for the entire class. The report shall show the total number of each species of fish taken, the amount of fish sold and the price received therefor, the amount of fish donated to charitable institutions, and the name and address of such institutions. Students enrolled in commercial fishing classes shall not be required to submit an annual report.
(j) Inspection. Employees of the department or sponsors of permittees may inspect any collection at any time to determine whether or not the permittee is complying with the regulations.
(k) Disposition of Specimens. The department may restrict the use and disposition of all wildlife taken under authority of a permit.
(l) Possession of Dead Wildlife. The following are not required to possess a permit for accidentally killed and legally acquired wildlife; government accredited schools that are open to the public, government agencies, federally recognized native American groups, institutions or organizations engaged in bona fide scientific study of native wildlife if the specimens are readily available for use or viewing by the general public on a regular basis, any person or group with a valid permit issued by the federal government authorizing possession of specific wildlife, and nationally constituted youth organizations which have the study of native wildlife as an integral part of their national program. This exemption does not apply to accidentally killed big game mammals or to any threatened, rare, endangered or fully protected species.
(1) Records. The person who has the chief authority to act for any group, agency, or institution listed in section 650(b) shall maintain a permanent written record of the date of acquisition, the name and address of the person donating wildlife, how it was acquired, the species, sex, and number of animals, and the city and street address of the storage site. All records and wildlife must be maintained within California and shall be presented immediately to any employee of the department upon request.
(2) Transportation. Wildlife possessed pursuant to section 650(b) may not be transported from the storage site unless accompanied by a written document describing the animal or part thereof, listing the name of the person who has temporary possession, the purpose, and the date to be returned. The authorization must be written on organization letterhead, dated, and signed by the chief administrative officer.
(3) Ownership. All accidentally killed wildlife remains the property of the state and must be disposed of as directed by the department.
Note: Persons taking a rare, threatened, or endangered PLANT species are exempt from this permit but must obtain a RARE, THREATENED, AND ENDANGERED PLANT COLLECTING PERMIT. Forms are available from the Department of Fish and Game, 1416 Ninth Street, Sacramento, California 95814.
Note: See Fish and Game Code sections 3039, 4005, and 7850 concerning restrictions and additional licenses required for taking fish and wildlife for commercial purposes.
Note: Authority cited: Sections 200, 203, 205, 301, and 1907, Fish and Game Code. Reference: Sections 355, 356, 1002, 1050, 1054.2, 1700, 1755, 1802, 1907, 2001, 2080, 2081, 3503, 3503.5, 3511, 3800, 4150 and 4700, Fish and Game Code.
s 650.5. Frogs.
Note: Authority cited: Section 7709, Fish and Game Code.
s 651. Commercial Take of Native Reptiles and Amphibians for Scientific or Educational Institutions.
(a) Native reptiles and amphibians may be sold to scientific or educational institutions only by owners of biological supply houses who have been issued a permit by the department for such purposes.
(1) Permits shall be issued on an annual basis, commencing April 1 of each year, and expiring on March 31 of the following year, or for the unexpired portion of any permit year commencing April 1.
(2) To defray costs incurred in the administration of these regulations, a fee of $50 shall be paid to the department by each applicant upon the filing of an application for a permit.
(3) Applications for a permit to sell native reptiles and amphibians to scientific or educational institutions shall be submitted on forms provided by the department. Applications shall be accompanied by a copy of applicable city or county business permits, and shall include a list of employees or agents authorized by the supply house owner to collect native reptiles or amphibians for the supply house, pursuant to these regulations.
(b) Field Collecting Permit. Native reptiles and amphibians may be taken for sale to scientific or educational institutions only by owners of biological supply houses who have been issued a permit by the department pursuant to subsection (a) above, and by authorized employees or agents of such biological supply houses, only under authority of a field collecting permit issued by the department.
(1) The department may issue a field collecting permit to an owner of a biological supply house upon receipt by the department of the original copy of a written request for purchase from a faculty or staff member of a scientific or educational institution, accompanied by a statement from the supply house owner indicating (A) the name of the owner, authorized employees, or agents who will collect the specimens requested; (B) the species and number of each species the owner or each employee or agent will collect; and (C) the estimated beginning and ending dates of such collecting.
(2) The field collecting permit shall indicate the names of those authorized to collect the specimens requested by the scientific or educational institution.
(3) The field collecting permit shall indicate the maximum number of each species requested by the scientific or educational institution that the supply house is authorized to collect and possess.
(4) The field collecting permit shall indicate the inclusive dates during which collecting of the specimens requested by the scientific or educational institution is authorized, and the date by which such specimens shall be shipped.
(5) Specimens collected pursuant to a field collecting permit may be held only on the premises of a biological supply house following expiration of the authorized collecting period, but shall not be held on the premises of the supply house later than the authorized shipping deadline.
(c) Each owner, employee, or agent of a biological supply house collecting under authority of this section, shall have in his possession, in addition to his own copy of a field collecting permit, a copy of the permit issued to the biological supply house pursuant to Section 651(a) of these regulations, and, if amphibians are to be collected, a valid commercial fishing license.
(d) Each owner, employee, or agent of a biological supply house collecting under authority of a field collecting permit shall collect only those species and numbers authorized by the field collecting permit. Any species possessed in the field that is not authorized by the field collecting permit shall be considered to have been collected for commercial purposes and shall be a violation of these regulations.
(e) Delivery.
(1) All deliveries or shipments of reptiles or amphibians taken under authority of this section shall be accompanied by the original copy of the field collecting permit issued to the supply house owner. Shipments via the U.S. Postal Service or private carrier shall have this document attached to the outside of the shipping container, which shall be labeled: "Live Reptiles/Amphibians -Handle With Care."
(2) Possession by the scientific or educational institution of the original copy of the field collecting permit, which accompanies the shipment or delivery of the reptiles or amphibians taken pursuant to this section, shall constitute authority for the scientific or educational institution to possess the specimens purchased pursuant to this section.
(f) Methods of Take.
(1) Amphibians shall be taken only by hand or by a dip net.
(2) Reptiles shall be taken only by hand or by the following hand-operated devices: (A) Lizard nooses, (B) Snake tongs, (C) Snake hooks.
(3) It is unlawful to use crowbars, tire irons, jackhammers, winches, explosive devices, or any other method or means of collecting that involves removal or breaking apart of rocks, granite flakes, or other shelters in or about which reptiles or amphibians may be found.
(4) It is unlawful to take reptiles or amphibians by means of pit-traps or can-traps.
(g) Closures.
(1) No reptiles or amphibians may be taken from within the boundaries of State Parks or National Parks or Monuments, including public roadways therein. (continued)