SECTIONS 5500-5522 - California Statutes

FISH AND GAME CODE

SECTION 5500-5522

5500. It is unlawful to use explosives in the waters of this state
inhabited by fish, except under a permit first obtained by the user
from the department consistent with terms and conditions set by the
commission, or except in case of emergency, to remove an accidental
obstruction to the flow of water. Any person may appeal the
department's decision to grant or deny a permit to the commission.

5501. The department may take any fish which, in its opinion, is
unduly preying upon any bird, mammal, or fish. The commission may
prescribe the terms of a permit to take any fish which, in the
opinion of the department, is harmful to other species of fish and
which should be reduced in numbers.

5503. It is unlawful to take any fish for the sole purpose of
removing its eggs except for the purpose of developing a brood stock
for aquaculture purposes under Division 12 (commencing with Section
15000) pursuant to regulations promulgated by the Fish and Game
Commission.
The commission shall also determine ownership and regulate
distribution of progeny taken from wild brood stock, other than those
obtained pursuant to Section 15300.

5505. Mollusks, crustaceans, and amphibia may be used for bait or
released in the same waters wherein taken.

5507. It is unlawful for any person to possess, except in his home,
any fish spear or gaff within 300 feet of any lake or stream in this
State, at any time when spearing is prohibited in such lake or
stream. This section does not apply to the possession of a gaff
carried as an accessory while angling.

5508. It is unlawful to possess on any boat or to bring ashore any
fish upon which a size or weight limit is prescribed in such a
condition that its size or weight cannot be determined.
The commission may adopt regulations, under which fish other than
whole fish may be brought ashore, which establish sizes or weights
for cleaned or otherwise cut fish equivalent to sizes or weights for
whole fish.

5509. It is unlawful to possess on any boat or to bring ashore any
fish in such a condition that the species cannot be determined,
except as otherwise provided in this code or regulations adopted
pursuant thereto. The commission, subject to the provisions of
Section 5508, may adopt regulations whereby fish taken by persons
fishing from a vessel licensed pursuant to Section 7920 may be
brought ashore in such a condition that the species cannot be
determined.

5510. The commission may adopt regulations to prevent deterioration
and waste of fish taken for purposes other than profit, and to
regulate the disposal of the offal of such fish.

5511. Except under permit of the department, it is unlawful to
carry on any fish cultural operations on any stream above the point
where water is diverted for the use and operation of a state fish
hatchery.

5514. (a) It is unlawful to kill or retain in possession any
chinook, coho, or kokanee salmon or any steelhead that has not taken
the bait or lure in its mouth, in inland waters.
(b) Any chinook, coho, or kokanee salmon or any steelhead hooked
other than in its mouth in inland waters shall be released unharmed.

5515. (a) (1) Except as provided in Section 2081.7, fully protected
fish or parts thereof may not be taken or possessed at any time. No
provision of this code or any other law shall be construed to
authorize the issuance of permits or licenses to take any fully
protected fish, and no permits or licenses heretofore issued shall
have any force or effect for that purpose. However, the department
may authorize the taking of those species for necessary scientific
research, including efforts to recover fully protected, threatened,
or endangered species. Prior to authorizing the take of any of those
species, the department shall make an effort to notify all affected
and interested parties to solicit information and comments on the
proposed authorization. The notification shall be published in the
California Regulatory Notice Register and be made available to each
person who has notified the department, in writing, of his or her
interest in fully protected species and who has provided an e-mail
address, if available, or postal address to the department. Affected
and interested parties shall have 30 days after notification is
published in the California Regulatory Notice Register to provide any
relevant information and comments on the proposed authorization.
(2) As used in this subdivision, "scientific research" does not
include any actions taken as part of specified mitigation for a
project, as defined in Section 21065 of the Public Resources Code.
(3) Legally imported fully protected fish or parts thereof may be
possessed under a permit issued by the department.
(b) The following are fully protected fish:
(1) Colorado River squawfish (Ptychocheilus lucius).
(2) Thicktail chub (Gila crassicauda).
(3) Mohave chub (Gila mohavensis).
(4) Lost River sucker (Catostomus luxatus).
(5) Modoc sucker (Catostomus microps).
(6) Shortnose sucker (Chasmistes brevirostris).
(7) Humpback sucker (Xyrauchen texanus).
(8) Owens River pupfish (Cyprinoden radiosus).
(9) Unarmored threespine stickleback (Gasterosteus aculeatus
williamsoni).
(10) Rough sculpin (Cottus asperrimus).

5516. Any river, stream, lake, or other body of water restricted by
the commission to the use of artificial flies or artificial lures
only for fishing shall be posted by the department at logical places
of entry so as to inform persons fishing in such waters as to the
nature of the restrictions.

5517. It is unlawful to take any white shark (Carcharodon
carcharias), except under permits issued pursuant to Section 1002 for
scientific or educational purposes.

5520. It is the intent of the Legislature that the commission
undertake management of abalone in a manner consistent with the
abalone recovery and management plan submitted pursuant to Section
5522.

5521. A moratorium is imposed on the taking, possessing, or landing
of abalone (genus Haliotis) for commercial or recreational purposes
in ocean waters of the state south of a line drawn due west magnetic
from the center of the mouth of the San Francisco Bay, including all
islands offshore the mainland of California, including, but not
limited to, the Farallon Islands and the Southern California Channel
Islands. It is unlawful to take, possess, or land abalone for
commercial or recreational purposes in those ocean waters while the
moratorium is in effect.

5521.5. (a) In addition to the moratorium imposed by Section 5521,
and notwithstanding any other provision of law, it is unlawful to
take abalone for commercial purposes in District 6, 7, 16, 17, or
19A, in District 10 north of Point Lobos, or in District 20 between
Southeast Rock and the extreme westerly end of Santa Catalina Island.
(b) For a person who is required to obtain a license pursuant to
Section 7145, the possession of more than 12 individual abalone or
abalone in excess of the annual bag limit is prima facie evidence
that the person possesses the abalone for commercial purposes.

5521.6. Notwithstanding Sections 5521 and 5521.5, a registered
aquaculturist may collect abalone for broodstock, in accordance with
subdivision (b) of Section 15301.

5522. (a) On or before January 1, 2003, the department shall submit
to the commission a comprehensive abalone recovery and management
plan. The plan shall contain all of the following:
(1) An explanation of the scientific knowledge regarding the
biology, habitat requirements, and threats to abalone.
(2) A summary of the interim and long-term recovery goals,
including a range of alternative interim and long-term conservation
and management goals and activities. The department shall report why
it prefers the recommended activities.
(3) Alternatives for allocating harvest between sport and
commercial divers if the allocation of the abalone harvest is
warranted.
(4) An estimate of the time and costs required to meet the interim
and long-term recovery goals for the species, including available or
anticipated funding sources, and an initial projection of the time
and costs associated with meeting the final recovery goals. An
implementation schedule shall also be included.
(5) An estimate of the time necessary to meet the interim recovery
goals and triggers for review and amendment of strategy.
(6) A description of objective measurable criteria by which to
determine whether the goals and objectives of the recovery strategy
are being met and procedures for recognition of successful recovery.
These criteria and procedures shall include, but not be limited to,
the following:
(A) Specified abundance and size frequency distribution criteria
for former abalone beds within suitable habitat not dominated by sea
otters.
(B) Size frequency distributions exhibiting multiple size classes
as necessary to ensure continued recruitment into fishable stock.
(C) The reproductive importance to the entire ecosystem of those
areas proposed for reopening to harvest and the potential impact of
each reopening on the recovery of abalone population in adjacent
areas.
(b) Where appropriate, the recovery and management plan may
include the following:
(1) A network of no-take abalone reserves.
(2) A total allowable catch, reflecting the long-term yield each
species is capable of sustaining, using the best available science
and bearing in mind the ecological importance of the species and the
variability of marine ecosystems.
(3) A permanent reduction in harvest.
(c) Funding to prepare the recovery and management plan and any
planning and scoping meetings shall be derived from the fees
collected for the abalone stamp.
(d) On or before January 1, 2008, and following the adoption of
the recovery and management plan by the commission, the department
may apply to the commission to reopen sport or commercial fishing in
all or any portion of the waters described in Section 5521. If the
commission makes a finding that the resource can support additional
harvest activities and that these activities are consistent with the
abalone recovery plan, all or a portion of the waters described in
Section 5521 may be reopened and management measures prescribed and
implemented, as appropriate. The commission may close or, where
appropriate, may establish no-take marine refuges in any area opened
pursuant to this section if it makes a finding that this action is
necessary to comply with the abalone management plan.
(e) If the commission determines that commercial fishing is an
appropriate management measure, priority for participation in the
fishery shall be given to those persons who held a commercial abalone
permit during the 1996-97 permit year.