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(a) Minimum size: Twelve inches total length or eight and one-half inches alternate length.
(b) Limit: Ten in any combination of species.
Note: Authority cited: Sections 200, 202, 205, 210, 219 and 220, Fish and Game Code. Reference: Sections 200-202, 203.1, 205-210 and 215-222, Fish and Game Code.
s 28.32. Pacific Bonito.
(a) Limit: Ten.
(b) Minimum size: Twenty-four inches fork length or five pounds except that:
Five fish less than twenty-four inches fork length or weighing less than five pounds may be taken and possessed.
(c) The provisions of this section shall only remain operative if the provisions of Section 8377 of the Fish and Game Code, pertaining to the commercial take of Pacific bonito, become operative on March 1, 1982 and remain operative.
Note: Authority cited: Sections 200, 202, 205, 210, 219 and 220, Fish and Game Code. Reference: Sections 200-202, 203.1, 205-210 and 215-222, Fish and Game Code.
s 28.35. White Seabass.
(a) Minimum size: Twenty-eight inches total length or twenty and one-half inches alternate length.
(b) Season: Open all year.
(c) Limit: Three, except that only one fish may be taken in waters south of Pt. Conception between March 15 and June 15.
Note: Authority cited: Sections 200, 202, and 210, Fish and Game Code. Reference: Sections 200, 202, 205 and 210, Fish and Game Code.
s 28.37. Yellowtail.
(a) Limit: Ten
(b) Minimum size: Twenty-four inches fork length except that:
Five fish less than twenty-four inches fork length may be taken or possessed.
Note: Authority cited: Sections 200, 202, 205 and 215, Fish and Game Code. Reference: Sections 200, 202, 205 and 206, Fish and Game Code.
s 28.40. Broadbill Swordfish.
Limit: Two.
Note: Authority cited: Sections 200, 202, 205, 210, 219 and 220, Fish and Game Code. Reference: Sections 200-202, 203.1, 205-210 and 215-222, Fish and Game Code.
s 28.45. Surf Smelt (Night Smelt, Day Fish, Whitebait Smelt).
Limit: Twenty-five pounds in combination.
Note: Authority cited: Sections 200, 202, 205, 210, 219 and 220, Fish and Game Code. Reference: Sections 200-202, 203.1, 205-210 and 215-222, Fish and Game Code.
s 28.50. Marlin.
Limit: One.
Note: Authority cited: Sections 200, 202, 205, 210, 219 and 220, Fish and Game Code. Reference: Sections 200-202, 203.1, 205-210 and 215-222, Fish and Game Code.
s 28.54. California Scorpionfish (Sculpin).
(a) Open season and areas: See Section 27.82.
(b) Limit: Five.
(c) Minimum size: 10 inches total length.
(d) Fishing rules for California scorpionfish may be changed during the year or in-season by the department under the authority of subsection 27.82(e). The department will provide a news release notifying the public 10 days in advance of a change for this species made under the authority of subsection 27.82(e). Anglers and divers are advised to check the current rules before fishing. The latest fishing rules may be found on the department's website at: www.dfg.ca.gov/mrd/, or by calling (831) 649-2801 for recorded information, or by contacting a department office.
Note: Authority cited: Sections 200, 202, 7071 and 8587.1, Fish and Game Code. Reference: Sections 205, 210, 220, 7071 and 8586, Fish and Game Code; and 50 C.F.R. 660.
s 28.55. Rockfish (Sebastes).
(a) Open seasons and areas: See Section 27.82.
(b) Limit: Ten, within the Rockfish, Cabezon, and Greenling complex (RCG complex, as defined in Section 1.91) bag limit of 10 fish, in any combination of species, except bocaccio - one fish in the North-Central, Monterey South-Central, Morro Bay South-Central, and Southern Rockfish and Lingcod Management Areas (as defined in Section 27.82(a)) and two fish in the Northern Rockfish and Lingcod Management Area (as defined in Section 27.82(a)), canary rockfish - zero fish, cowcod - zero fish, and yelloweye rockfish - zero fish.
(c) Size limit: None, except no bocaccio may be taken or possessed that is less than 10 inches in total length.
(d) Method of take: Not more than two hooks and one line. For purposes of this section, a hook is a single hook, or a double or treble hook with multiple points connected to a common shank.
(e) Fishing rules for rockfish may be changed during the year or in-season by the department under the authority of subsection 27.82(e). The department will provide a news release notifying the public 10 days in advance of a change for these species made under the authority of subsection 27.82(e). Anglers and divers are advised to check the current rules before fishing. The latest fishing rules may be found on the department's website at: www.dfg.ca.gov/mrd/, or by calling (831) 649-2801 for recorded information, or by contacting a department office.
Note: Authority cited: Sections 200, 202, 215, 220, 7071 and 8587.1, Fish and Game Code. Reference: Sections 205, 215, 220, 7071 and 8585.5, Fish and Game Code.
s 28.56. Leopard Shark.
(a) Open season and areas: See Section 27.82; subsection 27.82(c)(5) provides for fishing in the following enclosed bays during federal groundfish season and depth closures: Humboldt Bay, Drakes Estero, San Diego Bay, Bolinas Bay, Tomales Bay, Bodega Harbor, San Francisco Bay, Elkhorn Slough, Newport Bay, Alamitos Bay, and Mission Bay.
(b) Limit: three.
(c) Minimum size: 36 inches total length.
(d) Fishing rules for leopard shark may be changed during the year or in-season by the department under the authority of subsection 27.82(e). The department will provide a news release notifying the public 10 days in advance of a change for this species made under the authority of subsection 27.82(e). Anglers and divers are advised to check the current rules before fishing. The latest fishing rules may be found on the department's website at: www.dfg.ca.gov/mrd/, or by calling (831) 649-2801 for recorded information, or by contacting a department office.
Note: Authority cited: Sections 200, 202, 205 and 210, Fish and Game Code. Reference: Sections 200, 202, 205, 206 and 210, Fish and Game Code.
s 28.58. Ocean Whitefish.
(a) Open Season and areas: See Section 27.82.
(b) Fishing rules for ocean whitefish may be changed during the year or in-season by the department under the authority of subsection 27.82(e). The department will provide a news release notifying the public 10 days in advance of a change for this species made under the authority of subsection 27.82(e). Anglers and divers are advised to check the current rules before fishing. The latest fishing rules may be found on the department's website at: www.dfg.ca.gov/mrd/, or by calling (831) 649-2801 for recorded information, or by contacting a department office.
Note: Authority cited: Sections 200, 202, 205, 210, 215 and 220, Fish and Game Code. Reference: Sections 200, 202, 205, 206, 215 and 220, Fish and Game Code.
s 28.59. Surfperch.
(a) For purposes of this Section, the term "surfperch" refers to all species of the familyEmbiotocidae, in any combination.
(b) Open season: Open all year, except surfperch may not be taken or possessed by a person in San Francisco Bay and San Pablo Bay between April 1 and July 31, inclusive. Shiner surfperch (Cymatogaster aggregata) are exempt from this seasonal closure and may be taken and possessed up to their daily bag limit in these areas during the closure period.
(c) Daily bag limits.
(1) In San Francisco Bay and San Pablo Bay, the aggregate limit is five surfperch, not including shiner surfperch. For all other areas, the aggregate limit is 20 surfperch, not including shiner surfperch. Not more than 10 surfperch may be of any one species.
(2) The special limit for shiner surfperch is 20, which may be taken or possessed in addition to the overall daily bag limit of 20 finfish defined in subsection 27.60(a) and the special limits defined in subsection 27.60(b).
(d) Minimum size: redtail surfperch, ten and one-half inches total length. All other surfperch, none.
Note: Authority cited: Sections 200, 202, 205, 215 and 220, Fish and Game Code. Reference: Sections 200, 202, 205, 206, 215 and 220, Fish and Game Code.
s 28.60. Herring Eggs.
Limit: Twenty-five pounds (including plants) wet weight.
Note: Authority cited: Sections 200, 202, 205, 210, 219 and 220, Fish and Game Code. Reference: Sections 200-202, 203.1, 205-210 and 215-222, Fish and Game Code.
s 28.62. Herring.
Note: Authority cited: Sections 200, 202, 205, 210, 219 and 220, Fish and Game Code. Reference: Sections 200-202, 203.1, 205-210 and 215-222, Fish and Game Code.
s 28.65. General.
Except as provided in this article, fin fish may be taken only on hook and line or by hand. Any number of hooks and lines may be used in all ocean waters and bays except:
(a) San Francisco and San Pablo bays between the Golden Gate Bridge and the west Carquinez Bridge, where only one line with not more than three hooks may be used.
(b) On public piers, no person shall use more than two rods and lines, two hand lines, or two nets, traps or other appliances used to take crabs.
(c) When rockfish (genus Sebastes ) or lingcod ( Ophiodon elongatus ) are aboard or in possession, where only one line with not more than two hooks may be used pursuant to sections 28.55 or 28.27, respectively.
(d) No gaff hook shall be used to take or assist in landing any fin fish shorter than the minimum size limit. For the purpose of this section a gaff hook is any hook with or without a handle used to assist in landing fish or to take fish in such a manner that the fish does not take the hook voluntarily in its mouth. No person shall take fin fish from any boat or other floating device in ocean waters without having a landing net in possession or available for immediate use to assist in landing undersize fish of species having minimum size limits; the opening of any such landing net shall be not less than eighteen inches in diameter.
(e) North of Point Conception (34<>o 27 '00 " N. lat.), where only one rod and line may be used by each angler fishing for salmon, or fishing from any boat or floating device with salmon on board.
(f) Mousetrap gear prohibited: It is unlawful to use, assist in using, or to possess aboard any vessel, hook-and-line gear commonly termed "mouse traps" constructed of a hook(s) or lure(s), attached to one end of a line that is attached to a float, or floats at the other end, and that when fished, is not attached directly to a person or vessel. Possession of such gear aboard a vessel shall be prima facie evidence that the gear is being used in violation of this regulation.
(g) North of Point Conception to Horse Mountain, Section 27.80(a)(3) applies to each angler fishing for salmon or fishing from any boat or floating device with salmon on board.
Note: Authority cited: Sections 200, 202, 205, 215, 220, 240 and 7071, Fish and Game Code. Reference: Sections 200, 202, 205, 206, 215, 220, 240 and 8585.5, Fish and Game Code.
s 28.70. Weight, Power Driven Gurdies or Power Driven Winches.
(a) No sinker or weight weighing more than four pounds, nor any power driven gurdy or power driven winch, may be used in any ocean waters or saltwater bays north of Point Arguello. This regulation does not apply to
(1) power gurdies or power winches used solely for handling crab nets or traps.
(2) the use of downriggers where the downrigger line is not used as a fishingline but us attached to the fishing line by a breakaway line; or
(3) the use of electric fishing reels manufactured for sport fishing use.
Note: Authority: Sections 200, 202, 205 and 210, Fish and Game Code. Reference: Sections 200, 202, 205-210, Fish and Game Code .
s 28.75. Baited Traps for Shiner Surfperch, Pacific Staghorn Sculpin and Longjaw Mudsuckers.
In San Francisco and San Pablo bays and their saltwater tributaries, and in the open ocean and the contiguous bays of Mendocino, Sonoma and Marin counties, traps not over three feet in greatest dimension may be used to take shiner surfperch, Pacific staghorn sculpin and longjaw mudsuckers. Any other species taken shall be returned to the water immediately.
Note: Authority cited: Sections 200, 202, 205, 210, 219 and 220, Fish and Game Code. Reference: Sections 200-202, 203.1, 205-210 and 215-222, Fish and Game Code.
s 28.80. Dip Nets and Hawaiian Type Throw Nets.
Dip nets of any size and baited hoop nets not greater than 36 inches in diameter may be used to take herring, Pacific staghorn sculpin, shiner surfperch, surf smelt, topsmelt, anchovies, shrimp and squid. Hawaiian type throw nets may be used north of Point Conception to take such species.
Note: Authority cited: Sections 200, 202, 205, 210, 219 and 220, Fish and Game Code. Reference: Sections 200, 202, 205, 206 and 220, Fish and Game Code.
s 28.85. Beach Nets.
Beach nets not over 20 feet in length with meshes at least 7/8 of an inch in length may be used to take surf smelt north of Point Conception.
Note: Authority cited: Sections 200, 202, 205, 210, 219 and 220, Fish and Game Code. Reference: Sections 200-202, 203.1, 205-210 and 215-222, Fish and Game Code.
s 28.90. Diving, Spearfishing.
Persons who are floating or swimming in the water may use spearfishing gear and skin or SCUBA diving equipment to take fin fish other than giant (black) sea bass, garibaldi, gulf grouper, broomtail grouper, trout, salmon, striped bass or broadbill, except that:
(a) No person may possess or use a spear within 100 yards of the mouth of any stream in any ocean waters north of Ventura County.
(b) When spearfishing for or in possession of federal groundfish or associated species as authorized under authority of Section 27.82(c)(4), in an area or during a season closed to the take of these species, no fishing gear except spearfishing gear may be aboard the vessel or non-motorized watercraft.
Note: Authority cited: Sections 200, 202, 7071 and 8587.1, Fish and Game Code. Reference: Sections 205, 7071 and 8586, Fish and Game Code; and 50 C.F.R. 660.
s 28.91. Slurp Guns.
Slurp guns may be used to take fin fish except that bag and possession limits shall not be exceeded wherever they apply and no species of fin fish may be taken for which a minimum size limit has been established (see Sections 27.60 and 28.00-28.55).
Note: Authority cited: Sections 200, 202, 205, 210, 219 and 220, Fish and Game Code. Reference: Sections 200-202, 203.1, 205-210 and 215-222, Fish and Game Code.
s 28.95. Spears, Harpoons and Bow and Arrow Fishing Tackle.
Spears, harpoons and bow and arrow fishing tackle may be used for taking all varieties of skates, rays, and sharks, except white sharks. Such gear may not be possessed or used within 100 yards of the mouth of any stream in any ocean waters north of Ventura County, nor aboard any vessel on any day or on any trip when broadbill swordfish or marlin have been taken. Bow and arrow fishing tackle may be used to take fin fish other than giant (black) sea bass, garibaldi, gulf grouper, broomtail grouper, trout, salmon, striped bass, broadbill and white shark.
Note: Authority cited: Sections 200, 202, 205, 210, 219, 220 and 5517, Fish and Game Code. Reference: Sections 200-202, 203.1, 205-210, 215-222 and 5517, Fish and Game Code.
s 29.00. Gear Used in Taking Grunion.
No appliances of any kind may be used to take grunion, and no holes may be dug in the beach to entrap them.
Note: Authority cited: Sections 200, 202, 205, 210, 219 and 220, Fish and Game Code. Reference: Sections 200-202, 203.1, 205-210 and 215-222, Fish and Game Code.
INVERTEBRATES
s 29.05. General.
(a) Except as provided in this article there are no closed seasons, closed hours or minimum size limits for any invertebrate. The bag limit on all invertebrates for which the take is authorized and for which there is not a bag limit otherwise established in this article is 35. In San Francisco and San Pablo bays and saltwater tributaries east of the Golden Gate Bridge invertebrates may not be taken at night except from the shore.
(b) Take of all invertebrates is prohibited within state marine reserves. Take of certain invertebrates may be prohibited within state marine parks and state marine conservation areas as per subsection 632(b). In addition, tidal invertebrates may not be taken in any tidepool or other areas between the high tide mark (defined as Mean Higher High Tide) and 1,000 feet seaward and lateral to the low tide mark (defined as Mean Lower Low Water) except as follows:
(1) Except where prohibited within state marine reserves, state marine parks, state marine conservation areas, or other special closures only the following may be taken: red abalone, limpets, moon snails, turban snails, chiones, clams, cockles, mussels, rock scallops, native oysters, octopuses, squid, crabs, lobsters, shrimp, sand dollars, sea urchins and worms except that no worms may be taken in any mussel bed, unless taken incidental to the harvesting of mussels.
(c) Measuring Devices. Every person while taking invertebrates which have a size limit shall carry a device which is capable of accurately measuring the minimum legal size of the species taken.
(d) In all ocean waters skin and Self Contained Underwater Breathing Apparatus (SCUBA) divers may take invertebrates as provided in this article except that in all ocean waters north of Yankee Point (Monterey Co.), SCUBA may be used only to take sea urchins, rock scallops and crabs of the genusCancer. For the purpose of this section, breathing tubes (snorkels) are not SCUBA.
Note: Authority cited: Sections 200, 202 and 210, Fish and Game Code. Reference: Sections 200, 202, 205 and 210, Fish and Game Code.
s 29.10. General.
(a) Except as otherwise provided in this article, saltwater mollusks, including octopus, may be taken only on hook and line or with the hands.
(b) The size of a mollusk is measured in greatest shell diameter.
Note: Authority cited: Sections 200, 202, 205, 210, 219 and 220, Fish and Game Code. Reference: Sections 200-202, 203.1, 205-210 and 215-222, Fish and Game Code.
s 29.15. Abalone.
(a) Geographic Area: Abalone may only be taken north of a line drawn due west magnetic from the center of the mouth of San Francisco Bay. No abalone may be taken, landed, or possessed if landed south of this line.
(b) Open Season and Hours: Abalone may be taken only during the months of April, May, June, August, September, October and November from one-half hour before sunrise to one-half hour after sunset.
(c) Bag Limit and Yearly Trip Limit: Three red abalone,Haliotis rufescens, may be taken per day. No more than three abalone may be possessed at any time. No other species of abalone may be taken or possessed. Each person taking abalone shall stop detaching abalone when the limit of three is reached. No person shall take more than 24 abalone during a calendar year.
(d) Minimum Abalone Size: All red abalone must be seven inches or greater measured along the longest shell diameter. All legal size abalone detached must be retained. No undersized abalone may be brought ashore or aboard any boat, placed in any type of receiver, kept on the person, or retained in any person's possession or under his control. Undersize abalone must be replaced immediately to the same surface of the rock from which detached. Abalones brought ashore shall be in such a condition that the size can be determined.
(e) Special Gear Provisions: The use of SCUBA gear or surface supplied air to take abalone is prohibited. Abalone may not be taken or possessed aboard any boat, vessel, or floating device in the water containing SCUBA or surface supplied air. Abalone may be taken only by hand or by devices commonly known as abalone irons. Abalone irons must be less than 36 inches long, straight or with a curve having a radius of not less than 18 inches, and must not be less than 3/4 inch wide nor less than 1/16 inch thick. All edges must be rounded and free of sharp edges. Knives, screwdrivers and sharp instruments are prohibited.
(f) Measuring Device. Every person while taking abalone shall carry a fixed caliper measuring gauge capable of accurately measuring seven inches. The measuring device shall have fixed opposing arms of sufficient length to measure the abalone by placing the gauge over the shell.
(g) Abalone Possession and Transportation: Abalones must not be removed from their shell, except when being prepared for immediate consumption.
(h) Abalone Permit Report Card. All persons, required to possess a sport fishing license, must have a nontransferable Abalone Permit Report Card (FG 2915 (New 12/03)) issued by the department while taking abalone. The Abalone Permit Report Card shall be kept with the fishing license while taking or attempting to take abalone. Persons diving from a boat shall keep the license and Abalone Permit Report Card in the boat. The Abalone Permit Report Card shall be completed as required immediately upon returning and boarding the boat with abalone. Persons diving from the shore shall keep the license and Abalone Permit Report Card within 500 yards on the shore. Persons shall, immediately upon bringing ashore an abalone, make a hole and completely remove the punched section from the report card in one of the designated locations for each abalone taken, and record with indelible ink, the date, time, and location code in the spaces provided adjacent to the hole.
For the purposes of this section a boat is defined as any watercraft used or capable of being used as a means of transportation on water (reference Section 9840(a), Vehicle Code and Section 6552(q), Title 14, California Code of Regulations).
An Abalone Permit Report Card shall be valid during the open season for taking abalone in the calendar year for which it was issued. No person may be issued or possess more than one Abalone Permit Report Card or any Abalone Permit Report Card other than their own. The Abalone Permit Report Card must be returned to the Department of Fish and Game at 19160 South Harbor Drive, Fort Bragg, California 94537, within 30 days of the close of the calendar abalone season.
(i) Upon purchase of the Abalone Permit Report Card, the card number shall be entered by the license agent in ink on the back of the angler's sport fishing license. The sport fishing license number shall be entered by the license agent on the Abalone Permit Report Card on the appropriate line.
Note: Authority cited: Sections 200, 202, 205, 210, 220, 240, 5521 and 7149.8, Fish and Game Code. Reference: Sections 200, 202, 205, 220, 5521, 7145 and 7149.8, Fish and Game Code.
s 29.20. Clams General.
(a) Except as provided in this article, there are no closed seasons, bag limits or size limits on saltwater clams.
(b) Fishing hours: one-half hour before sunrise to one-half hour after sunset.
(c) Special gear provisions: Spades, shovels, hoes, rakes or other appliances operated by hand, except spears or gaff hooks, may be used to take clams. No instrument capable of being used to dig clams may be possessed between one-half hour after sunset and one-half hour before sunrise, on any beach of this state, except tools and implements used in the work of cleaning, repairing or maintaining such beach when possessed by a person authorized by appropriate authority to perform such work.
(d) Clams ashore: Clams which have a size limit when being taken must be brought ashore above the high water mark in such a condition that the size can be determined. Such clams not in the shell may not be transported or possessed, except when being prepared for immediate consumption. Clams which have a size limit and are not retained shall be immediately reburied in the area from which dug.
Note: Authority cited: Sections 200, 202, 205, 210, 219 and 220, Fish and Game Code. Reference: Sections 200-202, 203.1, 205-210 and 215-222, Fish and Game Code.
s 29.25. Gaper Clams and Washington Clams.
Limit: Ten of each species, except in Humboldt Bay the limit is fifty in combination; however, no more than 25 gaper clams may be taken or possessed. In Elkhorn Slough the limit is twelve in combination. All gaper clams and Washington clams dug, regardless of size or broken condition, must be retained until the bag limit is reached. For purposes of this section, clams commonly termed horse clams or horseneck clams are gaper clams, not geoduck clams regulated pursuant to Section 29.30, Title 14, CCR.
Note: Authority cited: Sections 200, 202, 205, 210, 219 and 220, Fish and Game Code. Reference: Sections 200-202, 203.1, 205-210 and 215-222, Fish and Game Code.
s 29.30. Geoduck Clams.
Limit: Three. The first three geoduck clams dug must be retained as the bag limit regardless of size or broken condition. For purposes of this section, clams commonly termed horse clams or horseneck clams are not geoduck clams.
CRUSTACEANS
Note: Authority cited: Sections 200, 202, 205, 210, 219 and 220, Fish and Game Code. Reference: Sections 200-202, 203.1, 205-210 and 215-222, Fish and Game Code.
s 29.35. Littleneck Clams, Soft-Shell Clams, Chiones, Northern Quahogs, and Cockles.
(a) Limit: Fifty in combination.
(b) Minimum size: One and one-half inches in greatest diameter, except there is no size limit for soft-shell clams. All soft-shell clams dug, regardless of size or broken condition, must be retained until the bag limit is reached.
Note: Authority cited: Sections 200, 202, 205, 210, 219 and 220, Fish and Game Code. Reference: Sections 200-202, 203.1, 205-210 and 215-222, Fish and Game Code.
s 29.40. Pismo Clams.
(a) Open season: May be taken in Santa Cruz and Monterey counties September 1 through April 30. In all other counties, except in state marine reserves or other marine protected areas which prohibit the take of clams (see Section 632), Pismo clams may be taken at any time of the year.
(b) Limit: Ten.
(c) Minimum size: Five inches in greatest shell diameter north of the boundary between San Luis Obispo and Monterey counties; four and one-half inches in greatest shell diameter south of the boundary, between San Luis Obispo and Monterey counties.
(d) Clam preserves: No clams shall be taken within state marine reserves or other marine protected areas which prohibit the take of clams (see Section 632).
Note: Authority cited: Sections 200, 202, 205, 210, 219 and 220, Fish and Game Code. Reference: Sections 200-202, 203.1, 205-210 and 215-222, Fish and Game Code.
s 29.45. Razor Clams.
(a) Open season:
(1) Little River Beach in Humboldt County: Between Mad River and Strawberry Creek open only during even-numbered years; between Strawberry Creek and Moonstone Beach open only during odd-numbered years.
(2) In Del Norte County: North of Battery Point open only during odd-numbered years; south of Battery Point open only during even-numbered years.
(3) All other areas: Open all year.
(b) Limit: Twenty. The first twenty clams dug must be retained as the bag limit regardless of size or broken condition.
Note: Authority cited: Sections 200, 202, 205, 210, 219 and 220, Fish and Game Code. Reference: Sections 200-202, 203.1, 205-210 and 215-222, Fish and Game Code.
s 29.55. Mussels.
Limit: Ten pounds (in the shell) of California sea mussels and bay mussels in combination.
Note: Authority cited: Sections 200, 202, 205, 210, 219 and 220, Fish and Game Code. Reference: Sections 200-202, 203.1, 205-210 and 215-222, Fish and Game Code.
s 29.60. Rock Scallops.
(a) Limit: Ten.
(b) Methods of take: Rock scallops may be taken only by hand, by the use of dive knives, or by devices commonly known as abalone irons in compliance with provisions of Section 29.15(e) of these regulations.
Note: Authority cited: Sections 200, 202, 205, 210, 219 and 220, Fish and Game Code. Reference: Sections 200-202, 203.1, 205-210 and 215-222, Fish and Game Code.
s 29.65. Speckled (Bay) Scallops.
May not be taken or possessed.
Note: Authority cited: Sections 200, 202, 205, 210, 219 and 220, Fish and Game Code. Reference: Sections 200-202, 203.1, 205-210 and 215-222, Fish and Game Code.
s 29.70. Squid.
Squid may be taken with hand-held dip nets. There is no limit.
Note: Authority cited: Sections 200, 202, 205, 210, 219 and 220, Fish and Game Code. Reference: Sections 200-202, 203.1, 205-210 and 215-222, Fish and Game Code.
s 29.71. Moon Snails.
(a) Limit: Five.
(b) Open season: All year except that moon snails may not be taken north of the Golden Gate Bridge.
Note: Authority cited: Sections 200, 202, 205, 210, 219 and 220, Fish and Game Code. Reference: Sections 200-202, 203.1, 205-210 and 215-222, Fish and Game Code.
s 29.80. Gear Restrictions.
(a) General: Saltwater crustaceans may be taken by hand. Nets, traps or other appliances may not be used except as provided in this section.
(b) Baited hoop nets may be used to take spiny lobsters and all species of crabs. Between Point Arguello, Santa Barbara County, and the United States-Mexico border, not more than five baited hoop nets may be fished by a person to take spiny lobster and crab, not to exceed a total of 10 baited hoop nets fished from any vessel.
(c) Crab traps shall have at least two rigid circular openings of not less than four and one-quarter inches inside diameter so constructed that the lowest portion of each opening is no lower than five inches from the top of the trap.
(d) Crab loop traps may have up to six loops.
(e) Crab trap areas: Crab traps, including crab loop traps, may be used north of Point Arguello to take all species of crabs (see regulations for take of Dungeness crabs in traps from commercial passenger fishing vessels in Section 29.85, Title 14, CCR).
(f) Shrimp and prawn traps may be used to take shrimp and prawns only. Trap openings may not exceed 1/2 inch in any dimension on traps used south of Point Conception nor five inches in any dimension on traps used north of Point Conception.
(g) Diving for crustaceans: In all ocean waters, except as provided in Section 29.05, skin and SCUBA divers may take crustaceans by the use of the hands except divers may not possess any hooked device while diving or attempting to dive.
(h) Hand operated appliances: Spades, shovels, hoes, rakes or other appliances operated by hand may be used to take sand crabs and shrimp.
(i) Dip nets and Hawaiian type throw nets: Shrimp may be taken with dip nets and Hawaiian type throw nets north of Point Conception.
(j) Shrimp trawls: Shrimp beam trawls may be used to take shrimp only in San Francisco Bay waters east of the Golden Gate Bridge, and in San Pablo Bay. The beam trawl frame from which the net is hung may not exceed 24 inches by 18 inches. The trawl may be towed by motorized vessels but may not be retrieved by mechanical devices. Any fish, other than shrimp, caught in the trawl must be returned immediately to the water.
Note: Authority cited: Sections 200, 202, 205, 215 and 220, Fish and Game Code. Reference: Sections 200, 202, 205, 206, 215 and 220, Fish and Game Code.
s 29.85. Crabs.
(a) Dungeness crabs ( Cancer magister ):
(1) Closure: Dungeness crab may not be taken or possessed in San Francisco Bay and San Pablo Bay, plus all their tidal bays, sloughs and estuaries between the Golden Gate Bridge and Carquinez Bridge.
(2) Open season:
(A) Del Norte, Humboldt and Mendocino counties: From the Saturday preceding December 1 or December 1 when it falls on Saturday through July 30.
(B) All other counties: From the Saturday preceding the second Tuesday in November through June 30.
(3) Limit: Ten, except in Sonoma, Marin, San Francisco, San Mateo, Santa Cruz, and Monterey counties, when fishing aboard a commercial passenger fishing vessel required to be licensed pursuant to Section 7881 and/or Section 7920, Fish and Game Code, the limit is six.
(4) Not more than 60 crab traps are authorized to be used to take Dungeness crab from a vessel operating under authority of a Commercial Passenger Fishing Vessel License issued pursuant to Fish and Game Code Section 7920.
(5) Traps and trap buoys by a commercial passenger fishing vessel to take Dungeness crab under authority of this Section and Section 29.80 shall have the commercial boat registration number of that vessel affixed to each trap and buoy.
(6) No vessel that takes Dungeness crabs under authority of this section, or Section 29.80, shall be used to take Dungeness crabs for commercial purposes.
(7) Minimum size: Five and three-quarter inches measured by the shortest distance through the body from edge of shell to edge of shell directly in front of and excluding the points (lateral spines); except in Sonoma, Marin, San Francisco, San Mateo, Santa Cruz, and Monterey counties, when fishing aboard a commercial passenger fishing vessel required to be licensed pursuant to Section 7881 and/or Section 7920, Fish and Game Code, the minimum size is six inches measured by the shortest distance through the body from edge of shell to edge of shell directly in front of and excluding the points (lateral spines).
(b) All crabs of the Cancer genus except Dungeness crabs, but including: yellow crabs, rock crabs, red crabs and slender crabs:
(1) Open season: All year.
(2) Limit: Thirty-five.
(3) Minimum size: Four inches measured by the shortest distance through the body, from edge of shell to edge of shell at the widest part, except there is no minimum size in Fish and Game districts 8 and 9.
(c) All crabs of the genus Cancer , including Dungeness crabs, yellow crabs, rock crabs, red crabs and slender crabs, may be brought to the surface of the water for measuring, but no undersize crabs may be placed in any type of receiver, kept on the person or retained in any person's possession or under his direct control; all crabs shall be measured immediately and any undersize crabs shall be released immediately into the water.
(d) Sand crabs ( Emerita analoga ): Limit: Fifty.
[FN*Regulations] adopted by Board of Forestry.
Note: Authority cited: Sections 200, 202, 205 and 220, Fish and Game Code. Reference: Sections 200, 202, 204 and 220, Fish and Game Code.
s 29.86. Bay Shrimp (Grass Shrimp).
Limit: Five pounds.
Note: Authority cited: Sections 200, 202, 205, 210, 219 and 220, Fish and Game Code. Reference: Sections 200-202, 203.1, 205-210and 215-222, Fish and Game Code.
s 29.87. Ghost Shrimp and Blue Mud Shrimp.
Limit: Fifty in combination.
Note: Authority cited: Sections 200, 202, 205, 210, 219 and 220, Fish and Game Code. Reference: Sections 200-202, 203.1, 205-210 and 215-222, Fish and Game Code.
s 29.88.
Coonstripe shrimp (Pandalus danae): Twenty pounds (in the shell, heads on) per day. The first 20 pounds taken, regardless of size or condition, shall constitute a daily bag and possession limit.
Note: Authority cited: Sections 200, 202, 205 and 215, Fish and Game Code. Reference: Sections 200, 202, 205 and 206, Fish and Game Code.
s 29.90. Spiny Lobsters.
(a) Open season: From the Saturday preceding the first Wednesday in October through the first Wednesday after the 15th of March.
(b) Limit: Seven.
(c) Minimum size: Three and one-fourth inches measured in a straight line on the mid-line of the back from the rear edge of the eye socket to the rear edge of the body shell. Any lobster may be brought to the surface of the water for the purpose of measuring, but no undersize lobster may be brought aboard any boat, placed in any type of receiver, kept on the person or retained in any person's possession or under his direct control; all lobsters shall be measured immediately upon being brought to the surface of the water, and any undersize lobster shall be released immediately into the water.
Note: Authority cited: Sections 200, 202, 205, 219 and 220, Fish and Game Code. Reference: Sections 200, 202, 205, 210 and 220, Fish and Game Code.
s 30.00. Kelp General.
(a) Except as provided in this section and in Section 30.10 there is no closed season, closed hours or minimum size limit for any species of marine aquatic plant. The daily bag limit on all marine aquatic plants for which the take is authorized, except as provided in Section 28.60, is 10 pounds wet weight in the aggregate.
(b) Marine aquatic plants may not be cut or harvested in state marine reserves. Regulations within state marine conservation areas and state marine parks may prohibit cutting or harvesting of marine aquatic plants per subsection 632(b).
Note: Authority cited: Section 6750, Fish and Game Code. Reference: Section 6750, Fish and Game Code.
s 30.10. Prohibited Species.
No eel grass ( Zostera), surf grass ( Phyllospadix) or sea palm ( Postelsia) may be cut or disturbed.
Note: Authority cited: Section 6750, Fish and Game Code. Reference: Section 6750, Fish and Game Code.
(See Species Regulations Regarding Bullfrogs)
s 40. General Provisions Relating to Native Reptiles and Amphibians.
(a) General Prohibition It is unlawful to capture, collect, intentionally kill or injure, possess, purchase, propagate, sell, transport, import or export any native reptile or amphibian, or part thereof, except as provided in this chapter, Chapter 2 of this subdivision relating to sportfishing and frogging, sections 650, 670.7, or 783 of these regulations, or as otherwise provided in the Fish and Game Code or these regulations.
(b) For the purposes of this section, "intentionally kill or injure" does not include death or injury that occurs incidental to an otherwise lawful activity. This section does not prohibit the capture, temporary collection or temporary possession of native reptiles and amphibians done to avoid mortality or injury in connection with such activities. The live capture and release of native reptiles and amphibians done to avoid such death or injury may occur only with the department's written approval.
(c) Except for dried or processed reptile skins, it is unlawful to display, in any place of business where pets or other animals are sold, native reptiles or amphibians which cannot lawfully be sold.
(d) Progeny resulting from pregnant native reptiles or amphibians collected from the wild must be transferred to another person or to a scientific or educational institution within 45 days of birth or hatching. Persons receiving such progeny shall comply with the bag and possession limits specified in sections 5.05 and 5.60.
(e) Reptiles or amphibians which have been in captivity, including wild-caught and captively-bred individuals or offspring, shall not be released into the wild without the written approval of the department.
(f) Biological Supply Houses and Exempt Organizations.
(1) Biological Supply Houses. The department may issue permits to owners of biological supply houses to sell native reptiles and amphibians to scientific or educational institutions, pursuant to Section 651.
(2) Organizations and Schools Exempt from Permit. Institutions or organizations engaged in bona fide scientific study of native wildlife, whose specimens are readily available for use or viewing by the public at large on a regular basis, and government accredited schools that are open to the public may possess, accept donations of, or exchange, purchase or sell between organizations, native reptiles and amphibians without a permit.
Note: Authority cited: Sections 5061 and 6896, Fish and Game Code. Reference: Sections 5061 and 6896, Fish and Game Code.
s 40.00. Protected Amphibians.
Note: Authority cited: Sections 200, 202, 205, 210, 219 and 220, Fish and Game Code. Reference: Sections 200-202, 205-210 and 220, Fish and Game Code.
s 40.05. Amphibians Except Protected Amphibians.
Note: Authority cited: Sections 200, 202, 205, 210, 219 and 220, Fish and Game Code. Reference: Sections 200-202, 205-210, 215 and 218-221 and 2050-2055, Fish and Game Code.
s 40.10. Protected Reptiles.
Note: Authority cited: Sections 200, 202, 205, 210, 219 and 220, Fish and Game Code. Reference: Sections 200-202, 205-210, 215 and 218-221, Fish and Game Code.
s 40.15. Reptiles Except Protected Reptiles.
Note: Authority cited: Sections 200, 202, 205, 210, 219 and 220, Fish and Game Code. Reference: Sections 200-202, 205-210, 215 and 218-221, Fish and Game Code.
s 41. Protected Amphibians.
Note: Authority cited: Sections 200, 202, 205, 210, 219 and 220, Fish and Game Code. Reference: Sections 200-202, 205, 206, 209, 210 and 220, Fish and Game Code.
s 41.5. Amphibians Except Protected Amphibians.
Note: Authority cited: Sections 200, 202, 205 and 220, Fish and Game Code. Reference: Sections 200, 202, 205 and 220, Fish and Game Code.
s 41.7. Commercial Take and Use of Frogs for Human Consumption.
No person shall for commercial purposes take, possess, sell, transport or export frogs for human consumption. This section shall not apply to frogs raised by registered aquaculturists or frogs imported into this state. Any person possessing frogs for human consumption, whether imported or purchased from a registered aquaculturist, shall maintain and keep receipts, waybills, or bills of lading dealing with the importation, purchase, or sale of frogs for a period of one year from the date of receipt of the frogs, and shall exhibit these on demand to any official of the department.
Note: Authority cited: Sections 6851 and 15005, Fish and Game Code. Reference: Sections 6850, 6851, 6852, 6854, 6855 and 15005, Fish and Game Code.
s 42. Protected Reptiles.
Note: Authority cited: Sections 200, 202, 205, 210, 219 and 220, Fish and Game Code. Reference: Sections 200-202, 205, 206, 210, 215, 219 and 220, Fish and Game Code.
s 42.5. Reptiles Except Protected Reptiles.
Note: Authority cited: Sections 200, 202, 205 and 220, Fish and Game Code. Reference: Sections 200, 202, 205 and 220, Fish and Game Code.
s 43. Captive Propagation and Commercialization of Native Reptiles.
(a) Native Reptile Propagation Permit.
(1) Permit Required. Except for pet shops as provided in subsection 43(f), every person, who, for commercial purposes, sells, possesses, transports, imports, exports or propagates native reptiles pursuant to subsection 43(c), or who propagates native reptiles for noncommercial purposes pursuant to subsection 43(b), shall have a native reptile propagation permit that has not been revoked or suspended issued to that person. The permit or a legible copy of the permit shall be in the immediate possession of the permittee while native reptiles are being displayed to the public, taken, transported, or sold. The permit or a legible copy of the permit shall be kept where native reptiles are maintained. No permit is required for the purchase of subspecies of native reptiles authorized pursuant to subsection 43(c).
(2) Application. Application for a permit shall be made on Native Reptile Propagation Permit Application, FG 391B (8/02), which is incorporated by reference herein. Application forms are available from the Department of Fish and Game, License and Revenue Branch, 3211 S Street, Sacramento, California 95816; Telephone (916) 227-2244. The application form shall be completed in its entirety, including information on the species and/or subspecies proposed for propagation, the location of the rearing facility and other related information.
(3) Term of Permit. Permits issued under the provisions of this section shall be valid from January 1 through December 31 or, if issued after the beginning of such term for the remainder thereof.
(4) Denial. The department may deny a permit to any person who fails to comply with the provisions of a permit or any regulations pertaining to native reptiles. Any person denied a permit may request a hearing before the commission to show cause why his/her permit should be issued.
(5) Revocation. The commission, after proper notice and providing for an opportunity to be heard, may revoke or suspend a permit for a violation of the Fish and Game Code, or Title 14, CCR, or any federal law or regulation pertaining to reptiles.
(6) Permit Fee. The permit fee shall be the basic fee set forth in subsection 699(b), Title 14, California Code of Regulations. This fee shall be annually adjusted pursuant to Sections 713 of the Fish and Game Code.
(7) Albino Native Reptiles. Albino reptiles are defined as individual native reptiles lacking normal body pigment and having red or pink eyes. No permit is required for the possession, propagation, importation, exportation, transportation, purchase or sale of captively-bred native albino reptiles or amphibians. The provisions of section 5.60 apply to the taking and possession of albino native reptiles from the wild.
(b) Non-commercial Propagation. The department may authorize the possession and propagation of no more than three species and no more than 30 individuals in the aggregate including progeny under a native reptile propagation permit. Within the overall limit of 30 individuals, the department may authorize no more than four of any one species to be taken from the wild. Individuals may be taken only by the methods authorized by section 5.60. Native reptiles possessed pursuant to this subsection may not be purchased or sold.
(c) Propagation and Possession for Commercial Purposes. Native reptiles may not be sold, possessed, transported, imported, exported or propagated for commercial purposes, except as provided in Section 40(f) and except as follows:
(1) Subspecies Authorized. Pursuant to the provisions of this section, only the following subspecies may be sold, possessed, transported, imported, exported or propagated for commercial purposes:
(A) California common kingsnake (Lampropeltis getulus californiae);
(B) California subspecies of the gopher snake (Pituophis melanoleucus): Great Basin gopher snake (Pituophis melanoleucus deserticola), Pacific gopher snake (Pituophis melanoleucus catenifer), San Diego gopher snake (Pituophis melanoleucus annectens), and Sonora gopher snake (Pituophis melanoleucus affinis);
(C) California subspecies of the rosy boa (Lichanura trivirgata); Coastal rosy boa (Lichanura trivirgata roseofusca) and Desert rosy boa (Lichanura trivirgata gracia).
(2) Bill of Sale. All animals sold pursuant to this section must be accompanied by a numbered bill of sale which shall contain the name and permit number of the permittee, the complete scientific name of each native reptile sold and the name and address of the buyer. A copy of the bill of sale shall be retained by the buyer.
(d) Addition or Removal of reptiles authorized for commercial propagation. The following information shall accompany a request to add or remove a reptile to the list that may be commercially propagated:
A review of scientific literature documenting the population status of the species in California
(1) Caging and care guidelines for the animal in captivity.
(2) Analysis of the effects of broodstock collection methods on wild populations.
(3) Analysis of the effects on wild reptile populations of released or escaped reptiles bred under this program.
(4) Evaluation of the commercial market for the proposed species.
(e) Limits. except as otherwise authorized, no person shall take or possess native reptiles taken from the wild in excess of the bag and possession limits specified in section 5.60. There are no possession limits for captively-bred native reptiles authorized by subsection 43(c) for persons possessing a native reptile propagation permit or for which the person has a bill of sale as required in subsection 43(c)(2).
(f) Pet Shops.
(1) Defined. A "pet shop" means a permanent place of business, licensed by a city or county, that is open to the public and maintains normal business hours, where pet animals are kept for retail sale. An "owner or operator" means the person who owns or is in charge of the pet shop.
(2) Exemption. Pet shop owners or operators or their employees or agents, are not required to obtain a native reptile propagation permit to purchase, transport directly from the point of purchase to the pet shop, possess or resell native reptiles purchased from a permittee pursuant to subsection 43(c). This exemption applies only to native reptiles sold by the pet shop from the premises of the pet shop.
(3) Records of Purchases. The owner or operator of a pet shop shall retain a legible copy of the bill of sale at the pet shop for each native reptile acquired while the animal is at the pet shop and for two years thereafter. The bill of sale shall contain the name and permit number of the native reptile and amphibian permittee from which the animals were purchased or acquired, the date acquired and the scientific name and number of each subspecies of animals acquired.
(4) Records of Sales. Each native reptile sold by pet shops shall be accompanied by a numbered bill of sale which shall contain the name and address of the pet shop, the date sold and the scientific name and number of each subspecies sold. A copy of the bill of sale shall be retained at the pet shop for two years from the date of sale.
(5) Effect of Violation. No native reptiles shall be sold from any pet shop whose owner or operator, or any employee or agent selling native reptiles from the pet shop, has been convicted of a violation pertaining to native reptiles within the previous three years.
(g) Humane Care and Treatment. Permittees shall comply with the following provisions:
(1) Enclosures. The perimeter of the enclosure for snakes 33 inches or less shall be 1.5 times the length of the snake. The perimeter of the enclosure for snakes more than 33 inches in length shall be 1.25 times the length of the snake. The perimeter shall be measured on the inside of the top edge of the enclosure. Snakes may be kept in smaller cages or containers for 31 days from the date of birth or hatching and while being transported or displayed at trade shows. All enclosures shall be adequately ventilated. The substrate shall facilitate the ability to maintain a clean and healthy environment for each animal. (continued)