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California

Fishing

Fishing

General Provisions and Definitions

All laws or regulations below are either reproduced verbatim from the Fish and Game Code or from Title 14 of the California Code of Regulations (CCR), as adopted by the Fish and Game Commission under authority of the Fish and Game Code.

Anadromous Waters (T14 CCR §1.04)

Anadromous waters are inland waters that are accessible to fish migrating from the ocean.

Angling (T14 CCR §1.05)

Angling means take of fish by hook and line with the line held in the hand, or with the line attached to a pole or rod held in the hand or closely attended in such manner that the fish voluntarily takes the bait or lure inside its mouth.

Artificial Fly (T14 CCR §1.08)

Any fly constructed by the method known as fly tying.

Artificial Lure (T14 CCR §1.11)

Any manufactured or man-made non-scented/ flavored (regardless if scent is added in the manufacturing process or added afterwards) device complete with hooks, intended to attract fish. Artificial lures include, but are not limited to; spoons, spinners, artificial flies, and plugs, made of metal, plastic, wood, or other non-edible materials.

Authorization for Taking Fish (T14 CCR §1.14)

Fish, amphibians, reptiles, mollusks and crustaceans may be taken only in the amounts, only during the open season and only with the gear authorized and shall not be taken otherwise.

Bag and Possession Limit (T14 CCR §1.17)

No more than one daily bag limit of each kind of fish, amphibian, reptile, mollusk or crustacean named in these regulations may be taken or possessed by any one person unless otherwise authorized; regardless of whether they are fresh, frozen, or otherwise preserved. Exceptions: See Sections 7.00, 7.50(a), 27.60(c), and 195, Title 14, CCR.

Bait (T14 CCR §1.18)

Any natural or manufactured product or device which is used to attract fish by the sense of taste or smell, including any product or device to which scents or flavored attractants have been added or externally applied. Bait includes, but is not limited to; scented and flavored paste, scented manufactured fish eggs, and traditional organic baits such as worms, grubs, crickets, leeches, stink baits, insects, crayfish, human food, fish, fish parts, and fish eggs.

Barbless Hook (T14 CCR §1.19)

A fish hook from which the barb or barbs have been removed or completely bent closed, or which is manufactured without barbs.

Black Bass (T14 CCR §1.20)

Includes largemouth, small mouth, redeye and spotted bass.

Bow and Arrow Fishing Tackle (T14 CCR §1.23)

Such tackle must have the arrow shaft or the point, or both, attached by a line to the bow or to a fishing reel (includes crossbow).

Bullfrog (T14 CCR §1.24)

Includes only Rana catesbeiana.

Bullhead (T14 CCR §1.26)

Includes brown, black and yellow bullhead.

Catfish (T14 CCR §1.29)

Includes channel, white, blue and flathead catfish.

Chumming (T14 CCR §1.32)

Placing any material in the water, other than on a hook while angling, for the purpose of attracting fish to a particular area in order that they may be taken.

Closed or Closure (T14 CCR §1.35)

Refers to waters or areas closed to all fishing unless otherwise authorized.

Closed Season (T14 CCR §1.38)

That period during which the taking of fish, amphibians, reptiles, mollusks or crustaceans is prohibited.

Dates (T14 CCR §1.41)

Dates of seasons and closures are inclusive.

Dip Net (T14 CCR §1.42)

Webbing supported by a frame, and hand held, not more than six feet in greatest dimension, excluding handle.

Dividing Line Between Lake and Stream (T14 CCR §1.44)

The mouth of the stream at the existing level of the lake surface. Stream regulations apply to parts of streams in the exposed beds of partially empty lakes.

Filleting of Salmonids in Inland Waters (T14 CCR §1.45)

Except as otherwise required, all salmon and steelhead taken in inland anadromous waters where a sport fishing license is required, must be kept in such a condition that species and size can be determined until placed at the angler’s permanent residence, a commercial preservation facility or being prepared for immediate consumption. Also when required, the presence or absence of a healed adipose fin scar must be able to be determined until placed at the anglers permanent residence, a commercial preservation facility, or being prepared for immediate consumption.

(a) Exceptions:

(1) Chinook salmon taken from July 1 through December 31 in the following areas:

(A) The main stem of the American and Feather rivers.

(B) The main stem of the Sacramento River between the Deschutes Road Bridge and Tower Bridge.

(b) Definitions

Personal residence is defined as one’s principal or ordinary home or dwelling place, as distinguished from one’s temporary or transient place of residence or dwelling such as a cabin, tent, trailer house, recreational vehicle, or any hotel, motel or rooming house used during a fishing, pleasure or business trip.

Commercial preservation facility is defined as any person who at their residence or place of business and for hire or compensation cleans or processes fish for another person, or any taxidermist, cold-storage facility or locker plant which for hire or other compensation processes or stores fish.

Licensed fishing guides are considered a person at their place of business processing fish pursuant to this section and are required to maintain a guide trip log with client and catch information pursuant to subsection 745(e) of these regulations

Finfish Defined (T14 CCR §1.46)

Finfish are defined as any species of bony fish or cartilaginous fish (sharks, skates and rays). Finfish do not include amphibians, invertebrates, plants or algae.

Inland Waters (T14 CCR §1.53)

Inland waters are all the fresh, brackish and inland saline waters of the state, including lagoons and tidewaters upstream from the mouths of coastal rivers and streams. Inland waters exclude open or enclosed bays contiguous to the ocean including the waters of San Francisco Bay and the waters of Elkhorn Slough, west of Elkhorn Road between Castroville and Watsonville. See Section 27.00 for the description of San Francisco Bay.

Inland Sport Fishing Districts (T14 CCR §1.54)

Inland Sport Fishing Districts are defined in Sections 6.31 to 6.37 of these regulations.

Lake (T14 CCR §1.56)

Includes natural lakes or man-made reservoirs.

Landlocked Salmon (T14 CCR §1.57) Landlocked salmon includes kokanee and landlocked Chinook salmon.

Limit (T14 CCR §1.59)

Refers to daily bag limit and possession limit per person, or boat limit authorized in Sections 27.60(c) and 195, Title 14, CCR.

Non-Buoyant Artificial Lure (T14 CCR §1.61)

Any artificial lure that sinks in freshwater.

Minimum and Maximum Size (T14 CCR §1.62)

No fish, mollusks or crustaceans less than the legal minimum size or greater than the maximum legal size (total, fork or alternate) may be possessed, except as otherwise provided. Total length is the longest straight-line measurement from the tip of the head to the end of the longest lobe of the tail. Fork length is the straight-line distance from the tip of the head to the center of the tail fin. Tip of the head shall be the most anterior point on the fish with the mouth closed and the fish lying flat on its side. Alternate length is the straight-line distance from the base of the foremost spine of the first dorsal fin to the end of the longest lobe of the tail. Unless otherwise provided, all fish, mollusks or crustaceans less than the legal minimum size or greater than the maximum legal size must be returned immediately to the water from which they were taken.

Movement of Live Fish (T14 CCR §1.63)

Except as provided in sections 4.00 through 4.30 and 230, live fin fish may not be transported alive from the water where taken.

Multiple Hook (T14 CCR §1.65)

A hook with two or more points.

Native Reptiles and Amphibians (T14 CCR §1.67)

Native reptiles and amphibians are those subspecies, and species, including all color phases, of the classes Reptilia and Amphibia indigenous to California. This definition includes all specimens regardless of their origin even if they were produced in captivity.

Open Season (T14 CCR §1.68)

That period of time during which the taking of fish, amphibians, reptiles, mollusks and crustaceans is authorized.

Opening Date and Bag Limit for Boundary Waters (T14 CCR §1.70)

Waters, exclusive of their tributaries, on the boundary between areas or districts with different opening dates or limits shall open on the earlier date and have the larger limit unless otherwise specified.

Sacramento-San Joaquin River Delta (T14 CCR §1.71)

The Sacramento-San Joaquin River Delta includes all rivers, sloughs, canals, cuts, forebays, and flooded islands within the area south of Interstate 80 to its junction with Highway 50, and south of Highway 50 via the Pioneer Bridge to its junction with Highway 99, west of Highway 99, north of Interstate 580, 205, and Highway 120, and east of Interstate 680.

Stream (Includes Creeks and Rivers) (T14 CCR §1.72)

A stream is a body of water that flows at least periodically or intermittently through a bed or channel having banks and supports fish or other aquatic life. This includes watercourses having a surface or subsurface flow that supports or has supported riparian vegetation.

Salmon (T14 CCR §1.73)

(a) Salmon includes Chinook, coho, pink, chum, and sockeye salmon.

(b) Any person in possession of a recreationally taken salmon with a missing adipose fin (the small, fleshy fin on the back of the fish between the back fin and tail) shall immediately relinquish the head of the salmon, upon request by an authorized agent or employee of the department, to facilitate the recovery of any coded-wire tag. The head may be removed by the fish owner or, if removed by the official department representative, the head shall be removed in a manner to minimize loss of salmon flesh and the salmon shall immediately be returned to the fish owner.

Sport Fishing Report Card Requirements (T14 CCR §1.74)

(a) Purpose.

These regulations are designed to improve recreational fishing effort and catch information in some or all areas where the fisheries operate. Many of these species are of high commercial value, and therefore, additional enforcement mechanisms are needed to improve compliance with existing bag limits and other regulations, and to reduce the potential for poaching. (b) Report card requirements apply to any person fishing for or taking the following species regardless of whether a sport fishing license is required:

(1) Salmon, in the anadromous waters of the Klamath, Trinity, and Smith river basins. Anadromous waters are defined in Section 1.04 of these regulations.

(2) Steelhead trout.

(3) White sturgeon.

(4) Red abalone.

(5) California spiny lobster.

(c) General Report Card Requirements.

(1) Any person fishing for or taking any of the species identified in this Section shall have in his immediate possession a valid non-transferable report card issued by the department for the particular species. See special exemption regarding possession of report cards for lobster divers in Section 29.91 of these regulations.

(2) All entries made on any report card or tag shall be legible and in indelible ink.

(3) A report card holder fishing with a one, two, or ten-day sport fishing license, may replace the expired fishing license without purchasing a new report card so long as the report card is still valid.

(4) Report cards are not transferable and shall not be transferred to another person. No person shall possess any report card other than his own.

(5) A person may only obtain one abalone report card and one sturgeon report card per report card period.

(6) Any report card holder who fills in all available lines on his steelhead, salmon or lobster report card shall return or report the card to the department pursuant to subsection 1.74(e) prior to purchasing a second card.

(7) Data recording and tagging procedures vary between report cards and species. See specific regulations in sections 5.79, 5.87, 5.88, 27.92, 29.16, and 29.91 that apply in addition to the regulations of this Section.

(d) Report Card Return and Reporting Requirements

(1) Report card holders shall return or report their salmon, steelhead, sturgeon, or abalone report cards to the department pursuant to subsection 1.74(e) by January 31 of the following year.

(A) Any report card holder who fails to return or report his salmon, steelhead, sturgeon, or abalone report card to the department by the deadline may be restricted from obtaining the same card in a subsequent license year or may be subject to an additional fee for the issuance of the same card in a subsequent license year.

(2) Report card holders shall return or report their lobster report cards pursuant to subsection 1.74(e) by April 30 following the close of the lobster season for which the card was issued.

(A) Any report card holder who fails to return or report his or her lobster report card by April 30 following the close of the lobster season specified on the card shall be subject to a nonrefundable non-return fee specified in Section 701, in addition to the annual report card fee, for the issuance of a lobster report card in the subsequent fishing season.

(e) Report Card Return and Reporting Mechanisms:

(1) By mail or in person at the address specified on the card. A report card returned by mail shall be postmarked by the date applicable to that card as specified in subsection 1.74(d)(1) or 1.74(d)(2).

(2) Online through the department’s license sales service website by the date applicable to that card as specified in subsection 1.74(d)(1) or 1.74(d)(2). Report card holders reporting online will be provided a confirmation number upon successful submission. The report card holder must record the provided confirmation number in the space provided on the report card and retain the report card for 90 days after the reporting deadline. Report cards submitted online must be surrendered to the department upon demand.

(3) If a report card is submitted by mail and not received by the department, it is considered not returned unless the report card holder reports his or her report card as lost pursuant to subsection 1.74(f).

(f) Lost report cards.

(1) Lobster, salmon, and steelhead. Notwithstanding subsection 1.74(c)(5), any report card holder who loses his or her report card during the report card period for which it is valid may purchase an additional report card by submitting payment to an authorized license agent or department license sales office. Catch information from the lost report card shall not be transferred to the new card. Information from lost lobster, salmon, and steelhead report cards shall be reported as specified in subsection 1.74(f)(3).

(2) Abalone and sturgeon. Notwithstanding subsection 1.74(c)(5), any report card holder who loses his or her report card during the period for which it is valid may purchase a replacement report card.

(A) The Department may issue a replacement report card for abalone and sturgeon upon completion of the following:

1. Submitting an affidavit to any department license sales office containing all the information specified in subsection 1.74(f)(3)(B); and

2. Submitting payment of the report card fee and the non-refundable replacement-processing fee specified in Section 701.

(B) Department staff shall enter the harvest information from the affidavit to the replacement report card.

(C) Based on the information provided on the affidavit, department staff shall remove tags reported as used and issue only the number of tags that were reported as unused on the lost original report card.

(D) Report card holders shall verify that the harvest information has been accurately transferred from the affidavit to his or her replacement report card.

(E) The replacement report card shall be reported pursuant to the requirement for the original report card as specified in subsection 1.74(d). Note: the original report card should not be reported.

(3) Reporting requirements. Except for lost abalone and sturgeon report cards for which a replacement card was purchased, all lost report cards shall be reported by the harvest report submission deadline date applicable to that card as specified in subsection 1.74(d)(1) or 1.74(d)(2) by one of the following methods:

(A) Online through the department’s license sales service website; or

(B) Submitting an affidavit, signed under penalty of perjury, to a department license sales office containing the following information:

1. The report card holder’s full name, GOID#, and a statement confirming that the originally issued report card is lost and cannot be recovered.

2. A statement containing the report card holder’s best recollection of the prior catch records that were entered on the report card that was lost.

3. A statement describing the factual circumstances surrounding the loss of the report card.

Salmon Spawning Areas (T14 CCR §1.75)

No salmon may be taken or possessed on any salmon spawning area when it is closed to salmon fishing.

Spearfishing (T14 CCR §1.76)

The taking of fish by spear or hand by persons who are in the water and may be using underwater goggles, face plates, breathing tubes, SCUBA or other artificial underwater breathing device.

Sunfish (T14 CCR §1.77)

Includes bluegill, green sunfish, redear sunfish, pumpkinseed, warmouth, and Sacramento perch.

Take (T14 CCR §1.80)

Hunt, pursue, catch, capture or kill fish, amphibians, reptiles, mollusks, crustaceans or invertebrates or attempting to do so.

Trout (T14 CCR §1.86)

Trout includes all trouts, chars, steelhead, and grayling.

Waste of Fish (T14 CCR §1.87)

It is unlawful to cause or permit any deterioration or waste of any fish taken in the waters of this state.

Weight (T14 CCR §1.93)

Any object directly or indirectly attached to a fishing line with the purpose of casting or sinking a lure or bait.