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California

West's Annotated California Codes. Fish and Game Code. Division 6. Fish. Part 2. Sport Fishing

Statute Details
Printable Version
Citation: CA FISH & G 7100 - 7400

Citation: West's Ann. Cal. Fish & G. Code 7100 - 7400


Last Checked by Web Center Staff: 11/2012

Summary:  

These provisions apply to the taking and possession of fish for any purpose other than commercial.  The provisions outline license requirements, bag limits and possession requirements for various types of fish, as well as enumerate certain sale and taking prohibitions.



Statute in Full:

§ 7100. Applicability of provisions

§ 7120.  Possession of more than daily bag limit

§ 7121.  Unlawful sale of fish taken in connection with sport fishing

§ 7122.  [Section repealed 1982.]

§ 7123.  Voluntary participation program; monitoring the taking of marlin; liability insurance

§ 7145.  Persons required to possess license; exceptions; application of subdivision

§ 7146.  Repealed by Stats.2001, c. 112 (A.B.435), § 36

§ 7147.  Licensed commercial passenger fishing boat owners and operators; duty to require possession of valid licenses and stamp, report card, or validation

§ 7148.  [Repealed by Stats.1959, c. 7, p. 1838, § 1, eff. March 13, 1959.]

§ 7149.  Eligibility; license fee; license stamps; annual adjustment of base fees

§ 7149.05. Sportfishing license to take fish, reptile, or amphibia anywhere in state; limitations and conditions; fees; annual adjustment of base fees

§ 7149.1.  Repealed by Stats.2003, c. 741 (S.B.1049), § 16

§ 7149.15.  Repealed by Stats.2003, c. 741 (S.B.1049), § 17

§ 7149.2.  Resident sport fishing license upgrade stamp; issuance; fees; application; other annual entitlements

§ 7149.3.  Taking of rattlesnakes; sport fishing license not required

 § 7149.4.  Second-rod sportfishing stamp; fee

§ 7149.45. Second-rod sportfishing validation; fee

§ 7149.5.  Job corps enrollees deemed residents

§ 7149.7.  Free sportfishing days

§ 7149.8.  Abalone; sportfishing license and validation; possession

§ 7149.9.  Fees from abalone stamp; deposit in abalone restoration and preservation account; use

§ 7150.  Reduced fee sportfishing license; eligibility; documentation; applicable years

§ 7150.5.  [Section repealed 1983.]

§ 7150.6.  [Section repealed 1980.]

§ 7151.  Free sportfishing license; eligibility; certification; appropriation

§ 7152.  [Section repealed 1963.]

§ 7153.  Fishing in ocean waters from pier or at registered aquaculture facility site; “ocean waters” defined

§ 7154.  [Section repealed 1982.]

§ 7155. Permit to Yurok Indians to take fish for subsistence; rights under permit [pre-empted]

§§ 7156-7160. [No sections for these numbers.]

§ 7161.  [Section repealed 1984.]

§ 7162.  [Section repealed 1982.]

§ 7163.  [Section repealed 1982.]

§ 7180.  Sportfishing licenses and special use stamps required when angling in boundary waters; fees

§ 7180.1.  Sportfishing license and special use validation; fees

§ 7181.  Fishing from shores of Colorado River

§ 7181.1.  Shoreline fishing on Colorado River

§ 7182.  Issuance of licenses and stamps for angling in boundary waters

§ 7182.1.  Issuance of Arizona Colorado River special use validations; issuance of California sportfishing licenses and California Colorado River special use validations 

§ 7183.  Sale of California sportfishing licenses and California and Arizona special use stamps for angling in boundary waters 

§ 7183.1.  Issuance of California sportfishing licenses and California special use validations through Arizona license dealers; audit reports

§ 7184.  Duration of special use stamps 

§ 7184.1.  Duration of Arizona and California special use validations

§ 7185.  Operative date of article

§ 7186.  Licenses and use stamps valid for term of less than one year

§ 7186.1.  Licenses and special use validations for term of less than one year 

§ 7230.  Canning of fish taken on sport fishing license; sale prohibited 

§ 7231. Repealed by Stats.1985, c. 1403, § 4

§ 7232.  Offal from fish taken under sport fishing license delivered to fish canner or processor; processing, use, or sale 

§§ 7254, 7255. Repealed by Stats.1961, c. 164, p. 1168, § 3

§ 7256.  Spiny lobster; means of taking 

§ 7260.  Legislative findings and declarations; designation of “Heritage Trout Waters”

§ 7261.  Fish that are native California trout 

§ 7290.  Pismo clams; possession outside shell

§ 7332.  Possession of digging instruments at night

§ 7350.  Taking of giant seabass, effect of section

§ 7360. Repealed by Stats.2009, c. 381 (A.B.1052), § 1

§ 7360.1.  Repealed by Stats.2003, c. 796 (S.B.692), § 3

§ 7361.  Deposit and expenditure of fees

§ 7362. Grant program; funding priorities; outreach; consultation with advisory committee

§ 7363. Bay-Delta Sport Fishing Enhancement Stamp Fund Advisory Committee; legislative recommendations; projects posted on Internet web site

§ 7364. Expenditure of available stamp revenues; duties of department

§§ 7365 to 7366. Repealed by Stats.1990, c. 1140 (S.B.2149), § 3, operative Jan. 1, 1995

§ 7370.  Commercial taking, possessing, buying, or selling prohibited; evidence of possession for commercial purposes

§ 7380.  Steelhead trout fishing report-restoration cards; cost; use of revenues; regulations

§ 7381.  Use of revenues, purposes; report to legislature

§ 7382.  Duration of article

§ 7400.  Appointment; members; meetings

 

 

§ 7100.  Application of Provisions   

The provisions of this part apply to the taking and possession of fish for any purpose other than commercial.

CREDIT(S)
(Stats.1957, c. 456, p. 1415, § 7100.)

 

§ 7120.  Possession of more than daily bag limit

It is unlawful for any person to possess more than one daily bag limit of any fish taken under a license issued pursuant to Section 714 or Article 3 (commencing with Section 7145) unless authorized by regulations adopted by the commission pursuant to Section 206.

CREDIT(S)

(Stats.1957, c. 456, p. 1416, § 7120. Amended by Stats.1996, c. 870 (A.B.3245), § 7.)

 

§ 7121.  Unlawful sale of fish taken in connection with sport fishing

Except as otherwise provided by this code or by regulation, it is unlawful to sell or purchase any fish or amphibia taken in, or brought into, the waters of the state, or brought ashore at any point in the state.    It is unlawful to buy, sell, or possess in any place of business where fish are bought, sold, or processed, any fish or amphibia taken on any boat, barge, or vessel which carries sport fishermen, except those fish may be possessed in such a place only for the purposes of canning or smoking under regulations adopted by the commission.

CREDIT(S)

(Stats.1957, c. 456, p. 1416, § 7121. Amended by Stats.1984, c. 1686, § 5, eff. Sept. 30, 1984; Stats.1990, c. 747 (A.B.3803), § 2.)

 

§ 7122.  [Section repealed 1982.]

 

§ 7123.  Voluntary participation program; monitoring the taking of marlin; liability insurance   

The department shall develop a voluntary participation program for the use of departmental observers on board vessels to monitor the taking of marlin by sportfishermen. The department shall, in accordance with Section 1012, procure insurance against the liability of the owners or operators of vessels boarded by observers in the event of injury to or death of any such observer in the course and scope of employment as an observer.

CREDIT(S)
(Added by Stats.1980, c. 886, p. 2777, § 3, eff. Sept. 14, 1980.)

 

§ 7145.  Persons required to possess license; exceptions; application of subdivision   

(a) Except as otherwise provided in this article, every person 16 years of age or older who takes any fish, reptile, or amphibian for any purpose other than profit shall first obtain a valid license for that purpose and shall have that license on his or her person or in his or her immediate possession or where otherwise specifically required by law or regulation to be kept when engaged in carrying out any activity authorized by the license. In the case of a person diving from a boat, the license may be kept in the boat, or in the case of a person diving from the shore, the license may be kept within 500 yards of the shore.

(b)(1) This section does not apply to an owner of privately owned real property, or the owner's invitee, who, without providing compensation, takes fish for purposes other than profit from a lake or pond that is wholly enclosed by that owner's real property and that is located offstream and does not at any time derive water from, or supply water to, any permanent or intermittent artificial or natural lake, pond, stream, wash, canal, river, creek, waterway, aqueduct, or similar water conveyance system of the state. Access and control of the real property shall be under the direct authority of the owner and not that of another person or entity.

(2) This subdivision does not, and shall not be construed to, authorize the introduction, migration, stocking, or transfer of aquatic species, prohibited species, or any other nonnative or exotic species into state waters or waterways. This subdivision does not supersede or otherwise affect any provision of law that governs aquaculture, including, but not limited to, the operation of trout farms, or any activity that is an adjunct to or a feature of, or that is operated in conjunction with, any other enterprise operated for a fee, including, but not limited to, private parks or private recreation areas.

CREDIT(S)

(Stats.1957, c. 456, p. 1416, § 7145. Amended by Stats.1987, c. 772, § 1; Stats.1989, c. 826, § 2; Stats.1995, c. 744 (A.B.347), § 1; Stats.2003, c. 741 (S.B.1049), § 12; Stats.2007, c. 285 (A.B.1729), § 109.)

 

§ 7146.  Repealed by Stats.2001, c. 112 (A.B.435), § 36

 

§ 7147.  Licensed commercial passenger fishing boat owners and operators; duty to require possession of valid licenses and stamp, report card, or validation

The owner or operator of a boat or vessel licensed pursuant to Section 7920 shall not permit any person to fish from that boat or vessel unless that person has, in his or her possession, a valid California sport fishing license and any required stamp, report card, or validation issued pursuant to this code.

CREDIT(S)

(Added by Stats.1992, c. 701 (S.B.1565), § 4, eff. Sept. 15, 1992. Amended by Stats.1993, c. 1177 (A.B.1150), § 1; Stats.2003, c. 741 (S.B.1049), § 13; Stats.2007, c. 285 (A.B.1729), § 110.)§ 7148.  [Repealed by Stats.1959, c. 7, p. 1838, § 1, eff. March 13, 1959.]

 

§ 7149.  Eligibility; license fee; license stamps; annual adjustment of base fees - AMENDED 2012

SEC. 20. Section 7149 of the Fish and Game Code is amended to read:

 

<< CA FISH & G § 7149 >>

 

7149. (a) A sport fishing license granting the privilege to take any fish, reptile, or amphibia anywhere in this state for purposes other than profit shall be issued to any of the following:

(1) A resident, 16 years of age or older, for the period of a calendar year, or, if issued after the beginning of the year, for the remainder thereof, upon payment of a base fee of thirty-one dollars and twenty-five cents ($31.25).

(2) A nonresident, 16 years of age or older, for the period of a calendar year, or, if issued after the beginning of the year, for the remainder thereof, upon payment of a base fee of eighty-four dollars ($84).

(3) A nonresident, 16 years of age or older, for the period of 10 consecutive days beginning on the date specified on the license upon payment of the fee set forth in paragraph (1).

(4) A resident or nonresident, 16 years of age or older, for two consecutive designated calendar days, upon payment of one-half of the fee set forth in paragraph (1). Notwithstanding Section 1053, more than one two-day license issued for different two-day periods may be issued to, or possessed by, a person at one time.

(5) A resident or nonresident, 16 years of age or older, for one designated day, upon payment of a base fee of ten dollars ($10).

(b) California sport fishing license stamps shall be issued by authorized license agents in the same manner as sport fishing licenses, and no compensation may be paid to the authorized license agent for issuing the stamps except as provided in Section 1055.

(c) This section does not apply to licenses, permits, reservations, tags, or other entitlements issued through the Automated License Data System.

(d) The base fees specified in this section are applicable to the 2004 license year, and shall be adjusted annually thereafter pursuant to Section 713.

(e) The commission shall adjust the amount of the fees specified in subdivision (d), as necessary, to fully recover, but not exceed, all reasonable administrative and implementation costs of the department and the commission relating to those licenses.

Former Text:

(a) A sport fishing license granting the privilege to take any fish, reptile, or amphibia anywhere in this state for purposes other than profit shall be issued to any of the following:

(1) A resident 16 years of age or older, for the period of a calendar year, or, if issued after the beginning of the year, for the remainder thereof, upon payment of a base fee of thirty-one dollars and twenty-five cents ($31.25).

(2) A nonresident, 16 years of age or older, for the period of a calendar year, or, if issued after the beginning of the year, for the remainder thereof, upon payment of a base fee of eighty-four dollars ($84).

(3) A nonresident, 16 years of age or older, for the period of 10 consecutive days beginning on the date specified on the license upon payment of the fee set forth in paragraph (1).

(4) A resident or nonresident, 16 years of age or older, for two consecutive designated calendar days, upon payment of half of the fee set forth in paragraph (1). Notwithstanding Section 1053, more than one two-day license issued for different two-day periods may be issued to, or possessed by, a person at one time.

(5) A resident or nonresident, 16 years of age or older, for one designated day, upon payment of a base fee of ten dollars ($10).

(b) California sport fishing license stamps shall be issued by authorized license agents in the same manner as sport fishing licenses, and no compensation may be paid to the authorized license agent for issuing the stamps except as provided in Section 1055.

(c) This section does not apply to licenses, permits, reservations, tags, or other entitlements issued through the Automated License Data System.

(d) The base fees specified in this section are applicable to the 2004 license year, and shall be adjusted annually thereafter pursuant to Section 713.

CREDIT(S)

(Added by Stats.1978, c. 1259, p. 4089, § 3, operative Jan. 1, 1980. Amended by Stats.1979, c. 1104, p. 3974, § 1, eff. Sept. 28, 1979, operative Jan. 1, 1980; Stats.1980, c. 1302, p. 4395, § 2; Stats.1981, c. 69, p. 157, § 1, eff. June 17, 1981, operative July 1, 1981; Stats.1983, c. 1117, § 8; Stats.1985, c. 1463, § 24; Stats.1986, c. 1368, § 24; Stats.1990, c. 1706 (A.B.3158), § 14; Stats.1995, c. 293 (A.B.1916), § 4; Stats.1998, c. 247 (A.B.2230), § 5; Stats.2001, c. 112 (A.B.435), § 37; Stats.2001, c. 753 (A.B.1673), § 8; Stats.2003, c. 741 (S.B.1049), § 14.)

 

§ 7149.05. Sportfishing license to take fish, reptile, or amphibia anywhere in state; limitations and conditions; fees; annual adjustment of base fees - AMENDED 2012

SEC. 21. Section 7149.05 of the Fish and Game Code is amended to read:

 

<< CA FISH & G § 7149.05 >>

 

7149.05. (a) A sport fishing license granting the privilege to take any fish, reptile, or amphibia anywhere in this state for purposes other than profit shall be issued to any of the following:

(1) A resident, 16 years of age or older, for the period of a calendar year, or, if issued after the beginning of the year, for the remainder thereof, upon payment of a base fee of thirty-one dollars and twenty-five cents ($31.25).

(2) A nonresident, 16 years of age or older, for the period of a calendar year, or, if issued after the beginning of the year, for the remainder thereof, upon payment of a base fee of eighty-four dollars ($84).

(3) A nonresident, 16 years of age or older for the period of 10 consecutive days beginning on the date specified on the license upon payment of the fee set forth in paragraph (1).

(4) A resident or nonresident, 16 years of age or older, for two designated days, upon payment of one-half the fee set forth in paragraph (1). Notwithstanding Section 1053, more than one single day license issued for different days may be issued to, or possessed by, a person at one time.

(5) A resident or nonresident, 16 years of age or older, for one designated day upon payment of a base fee of ten dollars ($10).

(b) California sport fishing license validations shall be issued by authorized license agents in the same manner as sport fishing licenses, and no compensation shall be paid to the authorized license agent for issuing the validations except as provided in Section 1055.1.

(c) This section applies only to licenses, permits, reservations, tags, and other entitlements issued through the Automated License Data System.

(d) The base fees specified in this section are applicable to the 2004 license year, and shall be adjusted annually thereafter pursuant to Section 713.

(e) The commission shall adjust the amount of the fees specified in subdivision (d), as necessary, to fully recover, but not exceed, all reasonable administrative and implementation costs of the department and the commission relating to those licenses.

Former Text:

(a) A sport fishing license granting the privilege to take any fish, reptile, or amphibia anywhere in this state for purposes other than profit shall be issued to any of the following:

(1) A resident, 16 years of age or older, for the period of a calendar year, or, if issued after the beginning of the year, for the remainder thereof, upon payment of a base fee of thirty-one dollars and twenty-five cents ($31.25).

(2) A nonresident, 16 years of age or older, for the period of a calendar year, or, if issued after the beginning of the year, for the remainder thereof, upon payment of a base fee of eighty-four dollars ($84).

(3) A nonresident, 16 years of age or older for the period of 10 consecutive days beginning on the date specified on the license upon payment of the fee set forth in paragraph (1).

(4) A resident or nonresident, 16 years of age or older, for two designated days, upon payment of half the fee set forth in paragraph (1). Notwithstanding Section 1053, more than one single day license issued for different days may be issued to, or possessed by, a person at one time.

(5) A resident or nonresident, 16 years of age or older, for one designated day upon payment of a base fee of ten dollars ($10).

(b) California sport fishing license validations shall be issued by authorized license agents in the same manner as sport fishing licenses, and no compensation shall be paid to the authorized license agent for issuing the validations except as provided in Section 1055.1.

(c) This section applies only to licenses, permits, reservations, tags, and other entitlements issued through the Automated License Data System.

(d) The base fees specified in this section are applicable to the 2004 license year, and shall be adjusted annually thereafter pursuant to Section 713.

CREDIT(S)

(Added by Stats.2001, c. 112 (A.B.435), § 40, operative Jan. 1, 2002. Amended by Stats.2003, c. 741 (S.B.1049), § 15.)

 

§ 7149.1.  Repealed by Stats.2003, c. 741 (S.B.1049), § 16

    

§ 7149.15. Repealed by Stats.2003, c. 741 (S.B.1049), § 17

 

§ 7149.2.  Resident sport fishing license upgrade stamp; issuance; fees; application; other annual entitlements   

(a) In addition to Sections 714, 7149, and 7149.05, the department shall issue a lifetime sport fishing license under this section. A lifetime sport fishing license authorizes the taking of fish, amphibians, or reptiles anywhere in this state in accordance with the law for purposes other than profit for the life of the person to whom issued unless revoked for a violation of this code or regulations adopted under this code. A lifetime sport fishing license is not transferable. A lifetime sport fishing license does not include any special tags, stamps, or fees.

(b) A lifetime sport fishing license may be issued to residents of this state, as follows:

(1) To a person 62 years of age or over, upon payment of a base fee of three hundred sixty-five dollars ($365).

(2) To a person 40 years of age or over and less than 62 years of age, upon payment of a base fee of five hundred forty dollars ($540).

(3) To a person 10 years of age or over and less than 40 years of age upon payment of a base fee of six hundred dollars ($600).

(4) To a person less than 10 years of age upon payment of a base fee of three hundred sixty-five dollars ($365).

(c) Nothing in this section requires a person less than 16 years of age to obtain a license to take fish, amphibians, or reptiles for purposes other than profit.

(d) Nothing in this section exempts a license applicant from meeting other qualifications or requirements otherwise established by law for the privilege of sport fishing.

(e) Upon payment of a base fee of two hundred forty-five dollars ($245), a person holding a lifetime sport fishing license or lifetime sportsman's license shall be entitled annually to the privileges afforded to a person holding a second-rod stamp or validation issued pursuant to Section 7149.4 or 7149.45, a sport fishing ocean enhancement stamp or validation issued pursuant to paragraph (1) of subdivision (a) of Section 6596 or 6596.1, one steelhead trout report restoration card issued pursuant to Section 7380, a Bay-Delta sport fishing enhancement stamp or validation issued pursuant to Section 7360 or 7360.1, and one salmon punchcard issued pursuant to regulations adopted by the commission. Lifetime privileges issued pursuant to this subdivision are not transferable.

(f) The base fees specified in this section are applicable commencing January 1, 2004, and shall be adjusted annually thereafter pursuant to Section 713.

CREDIT(S)

(Added by Stats.1988, c. 1060, § 2. Amended by Stats.1990, c. 664 (A.B.3791), § 2; Stats.1993, c. 1099 (A.B.1353), § 3; Stats.1997, c. 424 (S.B.263), § 4; Stats.2003, c. 741 (S.B.1049), § 18; Stats.2004, c. 183 (A.B.3082), § 113; Stats.2007, c. 285 (A.B.1729), § 111.)

 

§ 7149.3.  Taking of rattlesnakes; sport fishing license not required   

Notwithstanding Section 7149, a sport fishing license is not required for any resident to take any rattlesnake (genus Crotalus or Sistrurus).

CREDIT(S)
(Added by Stats.1984, c. 472, § 1.)

 

§ 7149.4.  Second-rod sportfishing stamp; fee

(a) It is unlawful for any person to fish with two rods without first obtaining a second-rod sport fishing stamp, in addition to a valid California sport fishing license and any applicable stamp issued pursuant to subdivision (a) of Section 7149, and having that stamp affixed to his or her valid sport fishing license. Any person who has a valid second-rod sport fishing stamp affixed to his or her valid sport fishing license may fish with two rods in inland waters in any sport fishery in which the regulations of the commission provide for the taking of fish by angling, except those waters in which only artificial lures or barbless hooks may be used.

(b) The department or an authorized license agent shall issue a second-rod sport fishing stamp upon payment of a base fee of seven dollars and fifty cents ($7.50) during the 1995 calendar year and subsequent years, as adjusted under Section 713.

(c) This section does not apply to licenses, permits, reservations, tags, or other entitlements issued through the Automated License Data System.

CREDIT(S)

Added by Stats.1994, c. 554 (S.B.2115), § 1, eff. Sept. 12, 1994. Amended by Stats.2001, c. 112 (A.B.435), § 43; Stats.2001, c. 753 (A.B.1673), § 10; Stats.2007, c. 285 (A.B.1729), § 112.)

 

§ 7149.45.  Second-rod sportfishing validation; fee

(a) It is unlawful for any person to fish with two rods without first obtaining a second-rod sport fishing validation, in addition to a valid California sport fishing license validation, and having that validation affixed to his or her valid sport fishing license. Any person who has a valid second-rod sport fishing validation affixed to his or her valid sport fishing license may fish with two rods in inland waters in any sport fishery in which the regulations of the commission provide for the taking of fish by angling, except those waters in which only artificial lures or barbless hooks may be used and the waters of the Smith River in Del Norte County.

(b) The department or an authorized license agent shall issue a second-rod sport fishing validation upon payment of a base fee of seven dollars and fifty cents ($7.50) during the 1995 calendar year and subsequent years, as adjusted under Section 713.

(c) This section applies only to licenses, permits, reservations, tags, and other entitlements issued through the Automated License Data System.

CREDIT(S)

(Added by Stats.2001, c. 112 (A.B.435), § 44. Amended by Stats.2001, c. 753 (A.B.1673), § 11; Stats.2007, c. 285 (A.B.1729), § 113; Stats.2009, c. 294 (A.B.1442), § 14.)

 

§ 7149.45. Repealed by Stats.1994, c. 554 (S.B.2115), § 2, eff. Sept. 12, 1994, operative Jan. 1, 1995

 

§ 7149.5.  Job corps enrollees deemed residents   

For the purpose of obtaining a sport fishing license, enrollees in the Job Corps, created by the Economic Opportunity Act of 1964 (Public Law 88-452), shall be deemed to be residents of California.

CREDIT(S)
(Added by Stats.1965, c. 1086, p. 2732, § 2.)

 

§ 7149.7.  Free sportfishing days  

Notwithstanding Section 7145, the director may designate not more than two days, which may or may not be consecutive, in each year as free sportfishing days during which residents and nonresidents may, without having a sportfishing license and without the payment of any fee, exercise the privileges of a holder of a sportfishing license, subject to all of the limitations, restrictions, conditions, laws, rules, and regulations applicable to the holder of a sportfishing license.

CREDIT(S)

(Added by Stats.1991, c. 47 (A.B.1339), § 1, eff. June 6, 1991.)

 

§ 7149.8.  Abalone; sportfishing license and validation; possession - AMENDED 2012  

SEC. 23. Section 7149.8 of the Fish and Game Code is amended to read:

 

<< CA FISH & G § 7149.8 >>

 

7149.8. (a) A person shall not take abalone from ocean waters unless he or she first obtains, in addition to a valid California sport fishing license and any applicable license validation or stamp issued pursuant to this code, an abalone report card, and maintains that report card in his or her possession while taking abalone.

(b) The department or an authorized license agent shall issue an abalone report card upon payment of a fee of fifteen dollars ($15) in the 2004 license year, which shall be adjusted annually thereafter pursuant to Section 713.

(c) The commission shall adjust the amount of the fees specified in subdivision (b) as necessary, to fully recover, but not exceed, all reasonable administrative and implementation costs of the department and the commission relating to those licenses.

Former Text:

(a) A person shall not take abalone from ocean waters unless he or she first obtains, in addition to a valid California sport fishing license and any applicable license validation or stamp issued pursuant to this code, an abalone report card, and maintains that report card in his or her possession while taking abalone.

(b) The department or an authorized license agent shall issue an abalone report card upon payment of a fee of fifteen dollars ($15) in the 2004 license year, which shall be adjusted annually thereafter pursuant to Section 713.

CREDIT(S)

(Added by Stats.2001, c. 112 (A.B.435), § 46. Amended by Stats.2003, c. 741 (S.B.1049), § 19.)

 

§ 7149.9.  Fees from abalone stamp; deposit in abalone restoration and preservation account; use   

(a) Fees received by the department pursuant to Section 7149.8 shall be deposited in the Abalone Restoration and Preservation Account within the Fish and Game Preservation Fund, which is hereby created.  Notwithstanding Section  13340 of the Government Code, the moneys in the account are continuously appropriated, without regard to fiscal year, to the department to be used only for the Recreational Abalone Management Program.  For the purposes of this article, "program" means the Recreational Abalone Management Program.  The program shall include the following:   

(1) Research and management of abalone and abalone habitat. For the purposes of this section, "research" includes, but is not limited to, investigation, experimentation, monitoring, and analysis; and "management" means establishing and maintaining an optimal sustainable utilization.   

(2) Supplementary funding of allocations for the enforcement of statutes and regulations applicable to abalone, including, but not limited to, the acquisition of special equipment and the production and dissemination of printed materials, such as pamphlets, booklets, and posters, aimed at compliance with recreational abalone regulations.   

(3) Direction for volunteer groups relating to abalone and abalone habitat management, presentations of abalone related matters at scientific conferences and educational institutions, and publication of abalone related material.   

(b) At least 15 percent of the funds deposited in the account shall be used for program activities south of San Francisco. To the extent possible, participants in the management activities of the program in that area shall be former commercial abalone divers.   

(c) The department shall maintain internal accounts that ensure that the fees received pursuant to Section 7149.8 are disbursed for the purposes of subdivision (a). Not more than 20 percent of the fees received pursuant to Section 7149.8 shall be used for administration by the department.   

(d) Unencumbered fees collected pursuant to Section 7149.8 during any previous calendar year may be expended for the purposes of subdivisions (a) and (b). All interest and other earnings on the fees received pursuant to Section 7149.8 shall be deposited in the account and shall be used for the purposes of subdivisions (a) and (b).

CREDIT(S)

(Added by Stats.1997, c. 787 (S.B.463), § 6.)

 

§ 7150.  Reduced fee sportfishing license; eligibility; documentation; applicable years - AMENDED 2012

SECTION 1. Section 7150 of the Fish and Game Code is amended to read:

 

<< CA FISH & G § 7150 >>

 

7150. (a) Upon application to the department's headquarters office in Sacramento and payment of a base fee of four dollars ($4), as adjusted pursuant to Section 713, the following persons, who have not been convicted of any violation of this code, shall be issued a reduced fee sport fishing license that is valid for * * * one year * * * as specified in paragraphs (1) and (2) of subdivision (a) of Section 7149 or paragraphs (1) and (2) of subdivision (a) of Section 7149.05 and that authorizes the licensee to take any fish, reptile, or amphibians anywhere in this state as otherwise authorized pursuant to this code and regulations adopted pursuant thereto for purposes other than profit:

(1) A disabled veteran having a 50 percent or greater service-connected disability upon presentation of proof of an honorable discharge from military service and proof of the disability. Proof of the disability shall be by certification from the United States Veterans Administration or by presentation of a license issued pursuant to this paragraph in the preceding license year.

(2) A member of the military who is a “recovering service member” pursuant to Section 1602(7) of the federal National Defense Authorization Act for Fiscal Year 2008 (Public Law 110–181). A person shall be eligible for a reduced fee sport fishing license pursuant to this paragraph upon the submission of a letter, online or in hardcopy, to the department from that person's commanding officer or from a military medical doctor stating that the person is a recovering service member.

(3) A person over 65 years of age who is a resident of this state and whose total monthly income from all sources, including any old age assistance payments, does not exceed the amount in effect on September 1 of each year contained in subdivision (c) of Section 12200 of the Welfare and Institutions Code for single persons or subdivision (d) of Section 12200 of the Welfare and Institutions Code combined income for married persons, as adjusted pursuant to that section. The amount in effect on September 1 of each year shall be the amount used to determine eligibility for a reduced fee license during the following calendar year.

(b) A person applying for a reduced fee sport fishing license shall submit adequate documentation for the department to determine whether the applicant is, in fact, eligible for a reduced fee sport fishing license. The documentation shall be in the form of a letter or other document, as specified by the department, from a public agency, except as provided in paragraphs (1) and (2) of subdivision (a). The department shall not issue a reduced fee sport fishing license to any person unless it is satisfied that the applicant has provided adequate documentation of eligibility for that license.

(c) The adjustment of the base fee pursuant to Section 713 specified in subdivision (a) shall be applicable to the fishing license years beginning on or after January 1, 1996.

Former Text:

(a) Upon application to the department's headquarters office in Sacramento and payment of a base fee of four dollars ($4), as adjusted pursuant to Section 713, the following persons, who have not been convicted of any violation of this code, shall be issued a reduced fee sport fishing license that is valid for the calendar year of issue, or, if issued after the beginning of the year, for the remainder thereof and that authorizes the licensee to take any fish, reptile, or amphibians anywhere in this state as otherwise authorized pursuant to this code and regulations adopted pursuant thereto for purposes other than profit:

(1) A disabled veteran having a 50 percent or greater service connected disability upon presentation of proof of an honorable discharge from military service and proof of the disability. Proof of the disability shall be by certification from the United States Veterans Administration or by presentation of a license issued pursuant to this paragraph in the preceding license year.

(2) A person over 65 years of age who is a resident of this state and whose total monthly income from all sources, including any old age assistance payments, does not exceed the amount in effect on September 1 of each year contained in subdivision (c) of Section 12200 of the Welfare and Institutions Code for single persons or subdivision (d) of Section 12200 of the Welfare and Institutions Code combined income for married persons, as adjusted pursuant to that section. The amount in effect on September 1 of each year shall be the amount used to determine eligibility for a reduced fee license during the following calendar year.

(b) A person applying for a reduced fee sport fishing license shall submit adequate documentation for the department to determine whether the applicant is, in fact, eligible for a reduced fee sport fishing license. The documentation shall be in the form of a letter or other document, as specified by the department, from a public agency, except as provided in paragraph (1) of subdivision (a). The department shall not issue a reduced fee sport fishing license to any person unless it is satisfied that the applicant has provided adequate documentation of eligibility for that license.

(c) The adjustment of the base fee pursuant to Section 713 specified in subdivision (a) shall be applicable to the fishing license years beginning on or after January 1, 1996.

CREDIT(S)

(Added by Stats.1983, c. 1117, § 10. Amended by Stats.1994, c. 849 (S.B.2113), § 31; Stats.2000, c. 238 (A.B.2057), § 1; Stats.2007, c. 279 (A.B.1144), § 1.)

 

§ 7150.5.  [Section repealed 1983.]

 

§ 7150.6.  [Section repealed 1980.]

 

§ 7151.  Free sportfishing license; eligibility; certification; appropriation   

(a) Upon application to the department, the following persons, if they have not been convicted of any violation of this code, shall be issued, free of any charge or fee, a sport fishing license, that authorizes the licensee to take any fish, reptile, or amphibian anywhere in this state for purposes other than profit:

(1) Any blind person upon presentation of proof of blindness. "Blind person" means a person with central visual acuity of 20/200 or less in the better eye, with the aid of the best possible correcting glasses, or central visual acuity better than 20/200 if the widest diameter of the remaining visual field is no greater than 20 degrees. Proof of blindness shall be by certification from a qualified licensed optometrist or ophthalmologist or by presentation of a license issued pursuant to this paragraph in any previous license year.

(2) Every resident Native American who, in the discretion of the department, is financially unable to pay the fee required for the license.

(3) Any developmentally disabled person, upon presentation of certification of that disability from a qualified licensed physician, or the director of a state regional center for the developmentally disabled.

(4) Any person who is a resident of the state and who is so severely physically disabled as to be permanently unable to move from place to place without the aid of a wheelchair, walker, forearm crutches, or a comparable mobility-related device. Proof of the disability shall be by certification from a licensed physician or surgeon or, by presentation of a license issued pursuant to this paragraph in any previous license year after 1996.

(b) Sport fishing licenses issued pursuant to paragraph (2) of subdivision (a) are valid for the calendar year of issue or, if issued after the beginning of the year, for the remainder thereof.

(c) Sport fishing licenses issued pursuant to paragraphs (1), (3), and (4) of subdivision (a) are valid for five calendar years, or if issued after the beginning of the first year, for the remainder thereof.

(d) Upon application to the department, the department may issue, free of any charge or fee, a sport fishing license to groups of mentally or physically handicapped persons under the care of a certified federal, state, county, city, or private licensed care center that is a community care facility as defined in subdivision (a) of Section 1502 of the Health and Safety Code, to organizations exempt from taxation under Section 501(c)(3) of the federal Internal Revenue Code, or to schools or school districts. Any organization that applies for a group fishing license shall provide evidence that it is a legitimate private licensed care center, tax-exempt organization, school, or school district. The license shall be issued to the person in charge of the group and shall be in his or her possession when the group is fishing. Employees of private licensed care centers, tax-exempt organizations, schools, or school districts are exempt from Section 7145 only while assisting physically or mentally disabled persons fishing under the authority of a valid license issued pursuant to this section. The license shall include the location where the activity will take place, the date or dates of the activity, and the maximum number of people in the group. The licenseholder shall notify the local department office before fishing and indicate where, when, and how long the group will fish.

(e) Upon application to the department, the department may issue, free of any charge or fee, a sport fishing license to a nonprofit organization for day-fishing trips that provide recreational rehabilitation therapy for active duty members of the United States military who are currently receiving inpatient care in a military or Veterans Administration hospital and veterans with service-connected disabilities. The license shall be valid for the calendar year of issue or, if issued after the beginning of the year, for the remainder of that year. The license shall be issued to the person in charge of the group, and shall be in the licenseholder's possession when the group is fishing. The organization shall notify the local department office before fishing and indicate where, when, and how long the group will fish. To be eligible for a license under this subdivision, an organization shall be registered to do business in this state or exempt from taxation under Section 501(c) of the federal Internal Revenue Code.

(f) On January 15 of each year, the department shall determine the number of free sport fishing licenses in effect during the preceding year under subdivisions (a), (d), and (e).

(g) There shall be appropriated from the General Fund a sum equal to two dollars ($2) per free sport fishing license in effect during the preceding license year under subdivisions (a) and (d), as determined by the department pursuant to subdivision (f). That sum may be appropriated annually in the Budget Act for transfer to the Fish and Game Preservation Fund and appropriated in the Budget Act from the Fish and Game Preservation Fund to the department for the purposes of this part.

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(Added by Stats.1983, c. 1117, § 12. Amended by Stats.1986, c. 762, § 4; Stats.1994, c. 849 (S.B.2113), § 32; Stats.1995, c. 293 (A.B.1916), § 5; Stats.1996, c. 870 (A.B.3245), § 7.5; Stats.1998, c. 485 (A.B.2803), § 77; Stats.1999, c. 83 (S.B.966), § 56; Stats.2004, c. 431 (A.B.2760), § 9; Stats.2006, c. 769 (A.B.2268), § 1.)

 

§ 7152.  [Section repealed 1963.]

 

§ 7153.  Fishing in ocean waters from pier or at registered aquaculture facility site; “ocean waters” defined 

(a) A sport fishing license is not required to take fish by any legal means, for any purpose other than profit, from a public pier, as defined by the commission, in the ocean waters of the state, or while angling at an aquaculture facility site that is registered pursuant to Section 235 of Title 14 of the California Code of Regulations.

(b) For purposes of this section, “ocean waters” include, but are not limited to, the open waters adjacent to the ocean and any island; the waters of any open or enclosed bay contiguous to the ocean; the San Francisco and San Pablo Bays, with any tidal bay belonging thereto; and any slough or estuary, if found between the Golden Gate Bridge and the Benicia-Martinez Bridge.

CREDIT(S)

(Stats.1957, c. 456, p. 1419, § 7153. Amended by Stats.1976, c. 155, p. 251, § 1; Stats.2002, c. 573 (S.B.2090), § 1; Stats.2007, c. 285 (A.B.1729), § 114.)

 

§ 7154.  [Section repealed 1982.]

 

 

§ 7155.  Permit to Yurok Indians to take fish for subsistence; rights under permit

Preempted by

Arnett v. Five Gill Nets, 121 Cal.Rptr. 906, 906+, 48 Cal.App.3d 454, 454+ (Cal.App. 1 Dist. May 27, 1975) (NO. CIV. 35783)

Notwithstanding any other provision of this code, California Indians who are bona fide registered members of the Yurok Indian Tribe may take fish, for subsistence purposes only, from the Klamath River between the mouth of that river and the junction of Tectah Creek with it, exclusive of tributaries, without regard to seasons, under the following conditions:   

(a) Upon application therefor, the department shall issue to any Yurok Indian who is listed on the register of the Yurok Tribal Organization, as furnished to the department, a renewable, nontransferable permit to take fish pursuant to this section for a period of one calendar year. Any Indian of the Yurok tribe while taking fish pursuant to this section shall have upon his person such valid permit, and shall display it upon the request of any duly authorized officer.   

(b) Hand dip nets, and hook and line only may be used for taking fish pursuant to this section.   

(c) Pursuant to this section not more than three trout or salmon or combination thereof, or more than one sturgeon, may be taken in any one day. There is no bag limit on any other fish.   

(d) No Yurok Indian while fishing pursuant to this section may be accompanied by any person who does not possess a valid permit as prescribed by this section. It is unlawful for any person who does not hold such permit to accompany any Yurok Indian who is taking fish pursuant to this section.   

(e) The sale of any fish taken under the provisions of this section shall constitute cause for permanent revocation by the commission of the permit held by the person making the sale.

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(Stats.1957, c. 456, p. 1419, § 7155.)

 

§§ 7156-7160. [No sections for these numbers.]

 

§ 7161.  [Section repealed 1984.]

 

§ 7162.  [Section repealed 1982.]

 

§ 7163.  [Section repealed 1982.]

 

§ 7180.  Sportfishing licenses and special use stamps required when angling in boundary waters; fees   

(a) Any person taking fish or amphibians for purposes other than profit from or on a boat or other floating device on the waters of the Colorado River and on adjacent waters, except canals, drains, or ditches used to transport water used for irrigation or domestic purposes, shall have in his or her possession a valid sport fishing license issued by either the State of Arizona or State of California.

(b) In addition to either of the licenses, a person taking fish or amphibians as indicated shall have in his or her possession a valid Colorado River special use stamp permanently affixed to his or her valid sport fishing license. If he or she is a person having in his or her possession a valid California sport fishing license he or she shall have an Arizona special use stamp to fish legally the waters described above. If he or she is a person having in his or her possession a valid Arizona sport fishing license, he or she shall have a California special use stamp to fish legally the waters described above.

(c) A special use stamp, when accompanied by the proper license, permits fishing in any portion of those waters, and permits fishermen to enter the waters from any point.

The fee for a Colorado River special use stamp is three dollars ($3).

(d) This section does not apply to licenses, permits, reservations, tags, or other entitlements issued through the Automated License Data System.

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(Stats.1957, c. 456, p. 1420, § 7180. Amended by Stats.1961, c. 1150, p. 2896, § 8; Stats.1967, c. 421, p. 1639, § 1; Stats.1973, c. 343, p. 767, § 1; Stats.2001, c. 112 (A.B.435), § 47; Stats.2007, c. 285 (A.B.1729), § 115.)

 

§ 7180.1.  Sportfishing license and special use validation; fees   

(a) Any person taking fish or amphibia for purposes other than profit from or on a boat or other floating device on the waters of the Colorado River and on adjacent waters, except canals, drains, or ditches used to transport water used for irrigation or domestic purposes, shall have in his or her possession a valid sportfishing license issued by either the State of Arizona or State of California.   

(b) In addition to either of the licenses, a person taking fish or amphibia as indicated shall have in his or her possession a Colorado River special use validation.  If he or she is a person having in his or her possession a valid California sportfishing license, he or she shall have an Arizona special use validation to fish legally the waters described above. If he or she is a person having in his or her possession a valid Arizona sportfishing license, he or she shall have a California special use validation to fish legally the waters described above.   

(c) A special use validation, when accompanied by the proper license, permits fishing in any portion of those waters, and permit fishermen to enter the waters from any point.  The fee for a Colorado River special use validation is three dollars ($ 3).   

(d) This section applies only to licenses, permits, reservations, tags, and other entitlements issued through the Automated License Data System. 

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(Added by Stats.2001, c. 112 (A.B.435), § 48.)

 

§ 7181.  Fishing from shores of Colorado River   

(a) A person fishing from the shore in the waters of the Colorado River located in Arizona or California shall have in his or her possession a valid sportfishing license issued by the state that has jurisdiction over that shore. That shoreline fishing does not require a Colorado River special use stamp as long as the fisherman remains on the shore and does not embark on the water. Any person, however, having in his or her possession a valid Arizona sportfishing license and a California special use stamp may fish from the shore in the waters of the Colorado River, or adjacent waters, except canals, drains, and ditches used to transport water used for irrigation or domestic purposes, located in California, without a sportfishing license issued by the State of California.   

(b) This section does not apply to licenses, permits, reservations, tags, or other entitlements issued through the Automated License Data System.

CREDIT(S)

(Stats.1957, c. 456, p. 1421, § 7181. Amended by Stats.1967, c. 420, p. 1638, § 1; Stats.2001, c. 112 (A.B.435), § 49.)

 

§ 7181.1.  Shoreline fishing on Colorado River   

(a) A person fishing from the shore in the waters of the Colorado River located in Arizona or California shall have in his or her possession a valid sportfishing license issued by the state that has jurisdiction over that shore. That shoreline fishing does not require a Colorado River special use validation as long as the fisherman remains on the shore and does not embark on the water. Any person, however, having in his or her possession a valid Arizona sportfishing license and a California special use validation may fish from the shore in the waters of the Colorado River, or adjacent waters, except canals, drains, and ditches used to transport water used for irrigation or domestic purposes, located in California without a sport fishing license issued by the State of California.

(b) This section applies only to licenses, permits, reservations, tags, and other entitlements issued through the Automated License Data System.

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(Added by Stats.2001, c. 112 (A.B.435), § 50.)

 

§ 7182.  Issuance of licenses and stamps for angling in boundary waters   

(a) Arizona Colorado River special use stamps shall be issued by California authorized license agents under the supervision of the department in the same manner as sportfishing licenses are issued, and California sportfishing licenses and California Colorado River special use stamps shall be issued by Arizona license dealers under the supervision of the Arizona Game and Fish Commission.   

(b) This section does not apply to licenses, permits, reservations, tags, or other entitlements issued through the Automated License Data System.

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(Stats.1957, c. 456, p. 1421, § 7182. Amended by Stats.1957, c. 880, p. 2091, § 3; Stats.2001, c. 112 (A.B.435), § 51.)

 

§ 7182.1.  Issuance of Arizona Colorado River special use validations; issuance of California sportfishing licenses and California Colorado River special use validations   

(a) Arizona Colorado River special use validations shall be issued by California authorized license agents under the supervision of the department in the same manner as sportfishing licenses are issued, and California sportfishing licenses and California Colorado River special use validations shall be issued by Arizona license dealers under the supervision of the Arizona Game and Fish Commission.   

(b) This section applies only to licenses, permits, reservations, tags, and other entitlements issued through the Automated License Data System.

CREDIT(S)

(Added by Stats.2001, c. 112 (A.B.435), § 52.)

 

§ 7183.  Sale of California sportfishing licenses and California and Arizona special use stamps for angling in boundary waters   

(a) The Arizona Game and Fish Commission shall handle California sportfishing licenses and California special use stamps and issue them to Arizona license dealers. Prior to August 31 of each year, that commission shall make an audit report and send a remittance for those sales to the California Department of Fish and Game.   

(b) The California Department of Fish and Game shall handle Arizona special use stamps and issue them to California license dealers.  Prior to August 31 of each year, that department shall make an audit report and send a remittance for those sales to the Arizona Game and Fish Commission.   

(c) This section does not apply to licenses, permits, reservations, tags, or other entitlements issued through the Automated License Data System.

CREDIT(S)

(Stats.1957, c. 456, p. 1421, § 7183. Amended by Stats.1957, c. 880, p. 2091, § 4; Stats.1963, c. 303, p. 1077, § 1, eff. May 8, 1963; Stats.2001, c. 112 (A.B.435), § 53.)

 

§ 7183.1.  Issuance of California sportfishing licenses and California special use validations through Arizona license dealers; audit reports   

(a) The Arizona Game and Fish Commission shall handle California sportfishing licenses and California special use validations and issue them through Arizona license dealers.  Prior to August 31 of each year, that commission shall make an audit report and send a remittance for those issued to the California Department of Fish and Game.   

(b) The California Department of Fish and Game shall handle Arizona special use validations and issue them through California license dealers. Prior to August 31 of each year that department shall make an audit report and send a remittance for those issued to the Arizona Game and Fish Commission.   

(c) This section applies only to licenses, permits, reservations, tags, and other entitlements issued through the Automated License Data System.

CREDIT(S)

(Added by Stats.2001, c. 112 (A.B.435), § 54.)

 

§ 7184.  Duration of special use stamps   

(a) An Arizona special use stamp is valid from January 1 to December 31, inclusive, of each year, to coincide with the period for which a California sportfishing license is issued.   

(b) A California special use stamp is valid for one year to coincide with the period for which an Arizona fishing license is issued.   

(c) This section does not apply to licenses, permits, reservations, tags, or other entitlements issued through the Automated License Data System.

CREDIT(S)

(Stats.1957, c. 456, p. 1421, § 7184. Amended by Stats.1963, c. 303, p. 1077, § 2, eff. May 8, 1963; Stats.2001, c. 112 (A.B.435), § 55.)

 

§ 7184.1.  Duration of Arizona and California special use validations   

(a) An Arizona special use validation is valid from January 1 to December 31, inclusive, of each year, to coincide with the period for which a California sportfishing license is issued.   

(b) A California special use validation is valid for one year to coincide with the period for which an Arizona fishing license is issued.   

(c) This section applies only to licenses, permits, reservations, tags, and other entitlements issued through the Automated License Data System.

CREDIT(S)

(Added by Stats.2001, c. 112 (A.B.435), § 56.)

 

§ 7185.  Operative date of article  

This article shall become operative and remain effective so long as the commission finds and determines that under the laws of the State of Arizona substantially similar Arizona licenses are authorized to be issued to licensees of the State of California upon substantially the same terms and conditions as are provided for in this article as to the issuance of California licenses to licensees of the State of Arizona.

CREDIT(S)
(Stats.1957, c. 456, p. 1422, § 7185.)

 

§ 7186.  Licenses and use stamps valid for term of less than one year   

(a) When the director determines from the Secretary of State that copies of the law of the State of Arizona have been received by the Secretary of State which provides for an Arizona resident sportfishing license valid for a period of less than one year, a California special use stamp valid for the same period as the Arizona resident sportfishing license may be issued for a fee of one dollar ($ 1).   

(b) If Arizona issues a resident sportfishing license for a term less than one year for the purpose of changing to a calendar year license from a fiscal year license, that license shall be deemed to be a license upon substantially the same terms and conditions as are provided for the issuance of California licenses to licensees of the State of Arizona for the purposes of Section 7185.   

(c) This section does not apply to licenses, permits, reservations, tags, or other entitlements issued through the Automated License Data System.

CREDIT(S)

(Added by Stats.1963, c. 303, p. 1077, § 3, eff. May 8, 1963. Amended by Stats.2001, c. 112 (A.B.435), § 57.)

 

§ 7186.1.  Licenses and special use validations for term of less than one year   

(a) When the director determines from the Secretary of State that copies of the law of the State of Arizona have been received by the Secretary of State that provides for an Arizona resident sportfishing license valid for a period of less than one year, a California special use validation valid for the same period as the Arizona resident sportfishing license may be issued for a fee of one dollar ($ 1).   

(b) If Arizona issues a resident sportfishing license for a term less than one year for the purpose of changing to a calendar year license from a fiscal year license, that license shall be deemed to be a license upon substantially the same terms and conditions as are provided for the issuance of California licenses to licensees of the State of Arizona for the purposes of Section 7185.   

(c) This section applies only to licenses, permits, reservations, tags, and other entitlements issued through the Automated License Data System.

CREDIT(S)

(Added by Stats.2001, c. 112 (A.B.435), § 58.)

 

§ 7230. Canning of fish taken on sport fishing license; sale prohibited

(a) Subject to Section 7121, fish lawfully taken under a sport fishing license may be canned or smoked by a fish cannery or processor as a service for a licensed sport fisherman.   

(b) Any cannery or packing plant in which fish that have been taken under a sport fishing license are canned, shall emboss or imprint on the top of each can the words "not to be sold" in letters of such size as to be clearly legible, and the embossment or imprint shall remain affixed to the can.

(c) Any cannery or packing plant in which fish that have been taken under a sport fishing license are smoked shall permanently imprint on each package the words "not to be sold" in letters of such size as to be clearly legible, and the imprint shall remain visible on the package.    (d) Fish canned or smoked under this section shall not be sold, purchased, or offered for sale.

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(Stats.1957, c. 456, p. 1422, § 7230. Amended by Stats.1971, c. 203, p. 268, § 1; Stats.1985, c. 1403, § 3.)

 

§ 7231.  [Section repealed 1985.]

 

§ 7232.  Offal from fish taken under sport fishing license delivered to fish canner or processor; processing, use, or sale

Notwithstanding Section 7121 any offal from a fish taken under a sport fishing license which is delivered by the license holder to a fish canner or fish processor may be processed, used, or sold by that fish canner or fish processor.   

Nothing in this section authorizes a holder of a sport fishing license to sell, or a fish canner or fish processor to purchase from a holder of a sport fishing license, any fish, or any portion thereof, taken under a sport fishing license.

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(Added by Stats.1984, c. 533, § 1.)

 

 

§§ 7254, 7255. Repealed by Stats.1961, c. 164, p. 1168, § 3

 

§ 7256.  Spiny lobster; means of taking   

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

CREDIT(S)
(Added by Stats.1961, c. 1315, p. 3095, § 1.)

 

§ 7260.  Legislative findings and declarations; designation of “Heritage Trout Waters" - AMENDED 2012

SEC. 22. Section 7260 of the Fish and Game Code is amended to read:

 

<< CA FISH & G § 7260 >>

 

7260. (a) The Legislature finds and declares * * * all of the following:

(1) California has the greatest biodiversity of native trout species of any state in the nation. Trout can be found in more than 18,000 miles of California's cooler streams. California's trout are the principal sport fish in 3,581 cold-water lakes and reservoirs.

(2) Self-sustaining native trout populations in “Heritage Trout Waters” that retain and promote genetic trout diversity and overall sustainable watershed and ecosystem environmental health are state policy.

(b) Funding for “Heritage Trout Waters” is a priority for the Hatchery and Inland Fisheries Fund.

(c) The commission may designate “Heritage Trout Waters” to recognize the beauty, diversity, historical significance, and special values of California's native trout. The commission's designation shall meet both of the following criteria:

(1) Only waters supporting populations that best exemplify indigenous strains of native trout within their historic drainages may qualify for designation.

(2) Only waters providing anglers with an opportunity to catch native trout consistent with the conservation of the native trout may qualify for designation.

(3) Any stocking of heritage trout waters shall meet the criteria established by Chapter 7.2 (commencing with Section 1725) of Division 2.

Former Text:

(a) The Legislature finds and declares that California has the greatest biodiversity of native trout species of any state in the nation. Trout can be found in more than 18,000 miles of California's cooler streams.  California's trout are the principal sport fish in 3,581 cold-water lakes and reservoirs.   

(b) The commission may designate "Heritage Trout Waters" to recognize the beauty, diversity, historical significance, and special values of California's native trout.  The commission's designation shall meet both of the following criteria:   

(1) Only waters supporting populations that best exemplify indigenous strains of native trout within their historic drainages may qualify for designation.   

(2) Only waters providing anglers with an opportunity to catch native trout consistent with the conservation of the native trout may qualify for designation.

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(Added by Stats.2002, c. 645 (A.B.2013), § 1.)

 

§ 7261.  Fish that are native California trout   

The following are native California trout:   

(a) Coastal cutthroat trout.   

(b) Lahontan cutthroat trout.   

(c) Paiute cutthroat trout.   

(d) Coastal rainbow trout/steelhead.   

(e) Eagle Lake rainbow trout.   

(f) Kern River rainbow trout.   

(g) Goose Lake redband trout.   

(h) McCloud River redband trout.   

(i) Warner Valley redband trout.   

(j) Little Kern golden trout.   

(k) California golden trout.

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(Added by Stats.2002, c. 645 (A.B.2013), § 1.)

 

§ 7290.  Pismo clams; possession outside shell   

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

CREDIT(S)
(Stats.1957, c. 456, p. 1423, § 7290.)

 

§ 7332.  Possession of digging instruments at night  

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.

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(Stats.1957, c. 456, p. 1423, § 7332.)

 

§ 7350.  Taking of giant seabass, effect of section 

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

CREDIT(S)
(Added by Stats.1981, c. 654, p. 2433, § 1.)

 

§ 7360.  Repealed by Stats.2009, c. 381 (A.B.1052), § 1

HISTORICAL AND STATUTORY NOTES

2011 Electronic Update

2009 Legislation

The repealed section, added by Stats.2001, c. 112 (A.B.435), § 60, amended by Stats.2003, c. 741 (S.B.1049), § 21; Stats.2003, c. 796 (S.B.692), § 2; Stats.2004, c. 431 (A.B.2760), § 10, derived from former § 7360, added by Stats.1997, c. 398 (S.B.699), § 1; former § 7360, added by Stats.1981, c. 582, § 1, amended by Stats.1989, c. 1382, § 2, related to the Bay-Delta sport fishing enhancement stamp, and payment of base fees.

Former § 7360, added by Stats.1997, c. 398 (S.B.699), § 1, relating to striped bass stamps and fees, was repealed by Stats.2001, c. 112 (A.B.435), § 59. See this section.

 

§ 7360.1. - § 7360.1. Repealed by Stats.2003, c. 796 (S.B.692), § 3

 

 

§ 7361.  Deposit and expenditure of fees   

(a) Fees received by the department from the sale of the Bay-Delta Sport Fishing Enhancement Stamp or validation shall be deposited in a separate account in the Fish and Game Preservation Fund. The Bay-Delta Sport Fishing Enhancement Stamp or validation shall not be required, and no fee shall be collected, as of January 1, 2010.

(b) The department shall expend the funds in that account for the long-term, sustainable benefit of the primary Bay-Delta sport fisheries, including, but not limited to, striped bass, sturgeon, black bass, halibut, salmon, surf perch, steelhead trout, and American shad. Funds shall be expended to benefit sport fish populations, sport fishing opportunities, and anglers within the tidal waters of the San Francisco Bay Delta and the main stem of the Sacramento and San Joaquin Rivers, including major tributaries, below the most downstream dam, and consistent with the requirements of the federal Endangered Species Act of 1973 (16 U.S.C. Sec. 1531 et seq.) and the California Endangered Species Act (Chapter 1.5 (commencing with Section 2050) of Division 3), the ecosystem restoration component of the CALFED Programmatic Record of Decision dated August 28, 2000, and applicable commission policies.

(c) It is the intent of the Legislature that these funds be used to augment, not replace, funding that would otherwise be allocated to Bay-Delta sport fisheries from the sale of fishing licenses, the California Bay-Delta Authority, or other federal, state, or local funding sources.

CREDIT(S)

(Added by Stats.1997, c. 398 (S.B.699), § 1. Amended by Stats.2001, c. 753 (A.B.1673), § 12; Stats.2003, c. 741 (S.B.1049), § 23; Stats.2003, c. 796 (S.B.692), § 4; Stats.2004, c. 183 (A.B.3082), § 114; Stats.2006, c. 77 (A.B.1803), § 2, eff. July 18, 2006; Stats.2009, c. 381 (A.B.1052), § 2.)

 

§ 7362.  Grant program; funding priorities; outreach; consultation with advisory committee

(a) The department, in consultation with the advisory committee created pursuant to Section 7363, shall develop a grant program to support activities consistent with Section 7361.

(b) The department, in consultation with the advisory committee, shall develop priority areas for funding under the grant program. The department shall give the advisory committee an opportunity to review any draft public solicitation notice before that notice is finalized and released to the public.

(c) The advisory committee shall assist the department in providing outreach to encourage wide participation in the grant program.

(d) The department shall provide the advisory committee a copy of all grant applications. The advisory committee shall have a minimum of 30 days to review projects and provide recommendations to the department.

CREDIT(S)

(Added by Stats.2009, c. 381 (A.B.1052), § 4.)

 

§ 7363.  Bay-Delta Sport Fishing Enhancement Stamp Fund Advisory Committee; legislative recommendations; projects posted on Internet web site   

(a) The director shall appoint a Bay-Delta Sport Fishing Enhancement Stamp Fund Advisory Committee, consisting of nine members. The committee members shall be selected from names of persons submitted by anglers and associations representing Bay-Delta anglers of this state and shall serve at the discretion of the director for terms of not more than four years. The director shall appoint persons to the committee who possess experience in subjects with specific value to the committee and shall attempt to balance the perspective of different anglers.

(b) The advisory committee shall recommend to the department projects and budgets for the expenditure of the funds from the account established in Section 7361. The department shall give full consideration to the committee's recommendations.

(c) The department shall submit to the advisory committee and the Chief Clerk of the Assembly and the Secretary of the Senate for distribution to the appropriate fiscal and policy committees of the Legislature, at least annually, on or before January 10 of each year, an accounting of funds derived from the Bay-Delta Sport Fishing Enhancement Stamps and validations, including the funds generated and expended and administrative expenditures, and the status of programs funded pursuant to this article. In addition, the department shall report, at least annually, to the committee on the status of projects undertaken with funds from that stamp or validation, including reporting the department's reasoning in cases where committee recommendations are not followed.

(d) The department shall post on its Internet Web site projects undertaken with funds from the account established in Section 7361. At a minimum, the Internet Web site shall list the project title, applicant, a brief description of the project, the amount approved, and the project's status.

CREDIT(S)

(Formerly § 7362, added by Stats.1997, c. 398 (S.B.699), § 1. Amended by Stats.2001, c. 753 (A.B.1673), § 13; Stats.2003, c. 796 (S.B.692), § 5; Stats.2004, c. 183 (A.B.3082), § 115; Stats.2008, c. 637 (A.B.2162), § 1. Renumbered § 7363 and amended by Stats.2009, c. 381 (A.B.1052), § 3.)

 

 § 7364. Expenditure of available stamp revenues; duties of department

(a) The department shall do all of the following:

(1) In consultation with the advisory committee, develop a spending plan that focuses on identifying and funding viable projects and monitoring revenues to assist the department in effectively expending available stamp revenues in a manner consistent with the purposes described in Section 7361. The spending plan shall be completed by January 31, 2010. Upon completion, a copy of the spending plan shall be provided to the Legislature.

(2) Track and report the costs of projects funded pursuant to this article by doing both of the following:

(A) Improve the tracking of individual project expenditures by assigning a separate account to each project within the department's accounting system.

(B) Require a project manager to approve all expenditures directly related to the manager's projects, periodically reconcile records for each project with accounting records, and report expenditures to staff responsible for preparing advisory committee reports.

(3) Reimburse the department's general fund appropriation for any lease payment charged to the department's general fund appropriation on or before January 1, 2010, that was eligible to be paid from the account established in Section 7361.

(4) Ensure that employees of the department appropriately charge their time to projects funded pursuant to this article by providing guidelines to employees concerning when to charge activities to the account established in Section 7361.

(b) The department shall not charge payroll costs to the account established in Section 7361 for employee activities that are not related to the implementation of this article. The department shall determine whether any other expenditure has been inappropriately charged to the account established in Section 7361 and shall make all necessary accounting adjustments.

CREDIT(S)

(Added by Stats.2009, c. 381 (A.B.1052), § 6.)


 

 §§ 7365 to 7366. Repealed by Stats.1990, c. 1140 (S.B.2149), § 3, operative Jan. 1, 1995

 

§ 7370.  Commercial taking, possessing, buying, or selling prohibited; evidence of possession for commercial purposes

(a) It is unlawful to take or possess for commercial purposes, buy or sell, or to offer to buy or sell, any whole sturgeon, or any part thereof, including, but not limited to, eggs, except as follows:

(1) A sturgeon, or parts thereof, that is taken or possessed by, and is the cultured progeny of, an aquaculturist who is registered under Section 15101, may be sold or purchased subject to regulations of the commission.

(2) A sturgeon, or parts thereof, that is taken commercially in another state that permits the sale of the fish and lawfully imported under Section 2363, may be possessed, sold, or purchased.

(3) Sturgeon, or parts thereof, taken pursuant to a sport fishing license in accordance with Section 7230.

(b) For purposes of this section, it is prima facie evidence that a sturgeon, or parts thereof, is possessed for commercial purposes if the possession of sturgeon is more than two times the sport bag limit.

CREDIT(S)

(Added by Stats.1983, c. 310, § 1. Amended by Stats.1985, c. 1403, § 6; Stats.2007, c. 328 (A.B.1187), § 2.)

 

§ 7380.  Steelhead trout fishing report-restoration cards; cost; use of revenues; regulations  

(a) In addition to a valid California sport fishing license and any applicable sport license stamp issued pursuant to this code, after January 1, 1993, a person taking steelhead trout in inland waters shall have in his or her possession a valid nontransferable steelhead trout fishing report-restoration card issued by the department. The cardholder shall record certain fishing information on the card as designated by the department. The month, day, and location fished shall be recorded before the cardholder begins fishing for the day and when the cardholder moves to another location listed on the back of the report-restoration card. The cardholder shall immediately record catch information upon keeping a steelhead trout and immediately record catch information regarding released steelhead trout whenever the cardholder finishes fishing for the day, or moves to another location listed on the back of the report-restoration card. The cardholder shall return the card to the department on a schedule or date established by the department.

(b) The base fee for the card shall be five dollars ($5) for the 2004 license year, which may be adjusted annually thereafter pursuant to Section 713. The funds received by the department from the sale of the card shall be deposited in the Fish and Game Preservation Fund and shall be available for expenditure upon appropriation by the Legislature. The department shall maintain the internal accountability necessary to ensure that all restrictions and requirements pertaining to the expenditure of these funds are met.

(c) The commission shall adopt regulations necessary to implement this section. These regulations shall include, but not be limited to, procedures necessary to obtain appropriate steelhead trout resources management information, a requirement that the card contain a statement explaining potential uses of the funds received as authorized by Section 7381, and a requirement that the cards be returned to the department.

CREDIT(S)

(Added by Stats.1991, c. 1037 (A.B.2187), § 2. Amended by Stats.1997, c. 240 (S.B.183), § 1, eff. Aug. 6, 1997; Stats.2002, c. 594 (A.B.2783), § 1; Stats.2003, c. 741 (S.B.1049), § 26; Stats.2006, c. 297 (A.B.2773), § 1.)

 

§ 7381.  Use of revenues, purposes; report to legislature

(a) Revenue received pursuant to Section 7380 may be expended, upon appropriation by the Legislature, only to monitor, restore, or enhance steelhead trout resources consistent with Sections 6901 and 6902, and to administer the fishing report-restoration card program. The department shall submit all proposed expenditures, including proposed expenditures for administrative purposes, to the Advisory Committee on Salmon and Steelhead Trout for review and comment before submitting a request for inclusion of the appropriation in the annual Budget Bill. The committee may recommend revisions in any proposed expenditure to the Legislature and the commission.


(b) The department shall report to the Legislature on or before July 1, 2016, regarding the steelhead trout fishing report-restoration card program's projects undertaken using revenues derived pursuant to that program, the benefits derived, and its recommendations for revising the fishing report-restoration card requirement, if any. The report submitted pursuant to this subdivision shall be submitted in compliance with Section 9795 of the Government Code.


CREDIT(S)

(Added by Stats.1991, c. 1037 (S.B.2187), § 2. Amended by Stats.1997, c. 240 (S.B.183), § 2, eff. Aug. 6, 1997; Stats.2002, c. 594 (A.B.2783), § 2; Stats.2006, c. 297 (A.B.2773), § 2; Stats.2011, c. 217 (A.B.528), § 1.)

 

§ 7382.  Duration of article

This article shall become inoperative on July 1, 2017, and, as of January 1, 2018, is repealed, unless a later enacted statute that is enacted before January 1, 2018, deletes or extends the dates on which it becomes inoperative and is repealed.

CREDIT(S)

(Added by Stats.2002, c. 594 (A.B.2783), § 3. Amended by Stats.2006, c. 297 (A.B.2773), § 3; Stats.2011, c. 217 (A.B.528), § 2.)

 

§ 7400.  Appointment of Members; Eligibility; Meetings   

(a) The director shall appoint a Recreational Abalone Advisory Committee consisting of nine members who shall serve without compensation.  The members of the advisory committee shall be selected as follows:   

(1) Six members who are not officers or employees of the department. The six members shall be residents of California and meet the following requirements:   

(A) Two members shall reside north of the southern boundary line of Marin County and a line extending due east from the easternmost point of Marin County located in San Pablo Bay. The two members shall be selected from nominations submitted by the Northern California Shellfish Assessment Program or by individuals or organizations that actively participate in the recreational abalone fishery, except that not more than one of the members selected shall be an active or former commercial abalone diver or involved in commercial seafood processing or marketing.   

(B) Two members shall reside south of the southern boundary line of Marin County and a line extending due east from the easternmost point of Marin County located in San Pablo Bay and north of the boundary between Santa Barbara and San Luis Obispo Counties and a line extending due east from the easternmost point in that boundary line. The two members shall be selected from nominations submitted by the Central California Council of Divers, the Southern California Shellfish Assessment Program, the Northern California Shellfish Assessment Program, or by individuals or organizations that actively participate in the recreational abalone fishery, except that not more than one of the members selected shall be an active or former commercial abalone diver or involved in commercial seafood processing or marketing.   

(C) Two members shall reside south of the boundary between Santa Barbara and San Luis Obispo Counties and a line extending due east from the easternmost point in that boundary line. The two members shall be selected from nominations submitted by the Greater Los Angeles Council of Divers, the San Diego Council of Divers, the Channel Islands Council of Divers, the Southern California Shellfish Assessment Program, or by individuals or organizations that actively participate in the recreational abalone fishery, except that not more than one of the members selected shall be an active or former commercial abalone diver or involved in commercial seafood processing or marketing.   

(2) One member shall represent the department in enforcement activities and shall be selected from personnel in the Wildlife Protection Division.   

(3) Two members shall be marine scientists who are or have been involved in abalone research at universities, state universities, or in state or federal programs. Not more than one of the persons shall be an officer or employee of the department.   

(b) No member shall be involved in or profit from the culture for sale (commercial aquaculture) of abalone.   

(c) The advisory committee shall meet at least once each calendar year to review proposals and recommend to the director projects and budgets for the expenditure of fees received pursuant to Section 7149.8. The committee may review progress reports and the results of projects funded under this article and make recommendations to the director regarding abalone resource management.    

CREDIT(S)

(Added by Stats.1997, c. 787 (S.B.463), § 7.)




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