2003 California Scuba Laws

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New sport fish regulations affecting Scubadivers effective January 1, 2002.

(all info taken from California Department of Fish and Game's website. click here to go to their site for full fishing regulations and possible updates)
Note these are excerpts pertaining to scuba diving only and are not a complete representation of Califirnia Law. They should be used only for quick reference. A current copy of the State of California fish and Game Regulations for 2003 should be carried at all times when doing any fishing or collecting.

Possession and Display of License (a)Section 700. (Title 14, California Code of Regulations).>

Persons diving from a boat or shore may have their license on the boat or within 500 yards of shore, respectively (see Fish and Game Code Section 7145). *The law now provides for a minimum $250 fine for fishing without a license. Regulations provide that a person may purchase a hunting or sport fishing license, tags, or stamps for another person, as long as the application contains the licensee's true name and address. Regulations require that prior to using any license or license stamps, the licensee shall complete the application so that it contains the licensee's true name, residence address, date of birth, height, color of eyes and hair, weight, sex, and driver's license or California Identification Card number.



License Provisions

An Ocean Enhancement Stamp is required for ocean fishing south of Point Arguello except when fishing under authority of a two-day sport fishing license.

A Striped Bass Stamp is required for taking striped bass in inland or ocean waters. A Salmon Punch Card is required for taking salmon in ocean waters north of Horse Mountain or in waters of the Klamath River system. A Steelhead Report Card is required for taking steelhead in inland waters. An Abalone Report Card is required for any person taking abalone from ocean waters between the center of the mouth of the San Francisco Bay and the California-Oregon border.

The One-Day Pacific Ocean-only License and One-Day Pacific Ocean-Only License with Ocean Enhancement Stamp are valid for taking fin fish only and may not be used to take mollusks, crustaceans, reptiles or amphibians. All stamps must be affixed permanently to the license being used. The license year is the calendar year. The Two-Day Sport Fishing License is valid for two consecutive designated calendar days and may be used in inland and ocean waters. A resident is defined as any person who has resided continuously in California for six months or more immediately before the date of application for a license, or persons on active military duty with the armed forces of the United States or an auxiliary branch or Job Corps enrollees.

A license or permit application shall indicate the correct mailing address of the applicant. The mailing of any notice required by law in connection with such license or permit shall be deemed sufficient if addressed to the last current address on file with the Department. Fish, mollusks, crustaceans, amphibians and reptiles taken under authority of a sport fishing license may not be bartered or sold. All fish, mollusks, crustaceans, amphibians and reptiles, and any device or apparatus capable of being used to take them, and all licenses, must be exhibited upon demand of any authorized officer.




License Fees
Fee Resident sport fishing license .................................................................... $30.70 Nonresident sport fishing license .................................................................. 82.45 Resident Pacific Ocean-only sport fishing license .................................................. 18.10 Duplicate (Annual licenses only) .................................................................... 6.30 Ten-day nonresident sport fishing license* ......................................................... 30.70 Two-day sport fishing license** .................................................................... 11.05 One-day Pacific Ocean-only license (fin fish only)*** ............................................... 6.55 One-day Pacific Ocean-only license w/Ocean Enhancement Stamp (fin fish only)*** .................................................................................. 7.10 Ocean Enhancement Stamp - Annual .................................................................... 2.65 Upgrade Stamp (Resident Pacific Ocean Only License) ................................................ 12.60 Sport Salmon Punch Card (Pacific Ocean north of Horse Mountain (Humboldt County) and all waters of the Klamath River system) ....................................... 1.05 Striped Bass Stamp .................................................................................. 3.95 Abalone Report Card ................................................................................ 12.60 NOTE: *Valid for ten consecutive calendar days. **Can be purchased by residents or nonresidents, and valid for two consecutive calendar days. ***Can be purchased by residents or nonresidents. If you lose your annual fishing license, then take your Department-issued receipt (the one that came with your license) to any agent selling fishing licenses. Give them your receipt, pay the appropriate fee, and you can get a duplicate fishing license. If you lose your receipt or your duplicate fishing license, you must purchase another license at full-fee. Chapter 1. General Provisions and Definitions All laws or regulations hereunder 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. 1.04. Anadromous Waters. Anadromous waters are inland waters that are accessible to fish migrating from the ocean. 1.05. Angling. To take 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 in its mouth. 1.14. Authorization for Taking Fish. 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. 1.17. Bag and Possession Limit. 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 and 7.50(a). 1.19. Barbless Hook. A fish hook from which the barb or barbs have been removed or completely bent closed, or which is manufactured without barbs. 1.23. Bow and Arrow Fishing Tackle. 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). 1.32. Chumming. 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. 1.35. Closed or Closure. Refers to waters or areas closed to all fishing unless otherwise authorized. 1.38. Closed Season. That period during which the taking of fish, amphibians, reptiles, mollusks or crustaceans is prohibited. 1.39. Coastal Pelagic Species. Coastal pelagic species means any of the following: northern anchovy (Engraulis mordax), Pacific sardine (Sardinops sagax), Pacific mackerel (Scomber japonicus), jack mackerel (Trachurus symmetricus), and market squid (Loligo opalescens). 1.41. Dates. Dates of seasons and closures are inclusive. 1.42. Dip Net. Webbing supported by a frame, and hand held, not more than six feet in greatest dimension, excluding handle. 1.49. Highly Migratory Species. Highly migratory species means any of the following: albacore, bluefin, bigeye, and yellowfin tuna (Thunnus spp.); skipjack tuna (Katsuwonus pelamis); dorado (dolphinfish) (Coryphaena hippurus); striped marlin (Tetrapturus audax); thresher sharks (common, pelagic, and bigeye) (Alopias spp); shortfin mako shark (Isurus oxyrinchus); blue shark (Prionace glauca); and Pacific swordfish (Xiphias gladius). 1.53. Inland Waters. 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 the waters of San Francisco and San Pablo bays downstream from Carquinez Bridge, the tidal portions of rivers and streams flowing into San Francisco and San Pablo Bays, and the waters of Elkhorn Slough, west of Elkhorn Road between Castroville and Watsonville. Also see Section 27.00. 1.59. Limit. Refers to daily bag limit and possession limit per person. 1.62. Minimum Size. No fish, mollusks or crustaceans less than the legal minimum 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 must be returned immediately to the water from which they were taken. 1.63. Movement of Live Fish. Except as provided in sections 4.00 through 4.30 and 230, live fin fish taken under the authority of a sport fishing license may not be transported alive from the water where taken. 1.65. Multiple Hook. A hook with two or more points. 1.68. Open Season. That period of time during which the taking of fish, amphibians, reptiles, mollusks and crustaceans is authorized. 1.71. Opening Date and Bag Limit for Boundary Waters. 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. 1.72. Stream (Includes Creeks and Rivers). 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. 1.73. Salmon. Includes chinook, coho, pink, chum and sockeye salmon. 1.74. Salmon Punch Card and Steelhead Trout Catch Report Card Requirements. (a) Anglers must have a nontransferable punch card issued by the department in their possession while fishing for salmon in ocean waters north of Horse Mountain or in waters of the Klamath River system. Anglers must immediately upon taking and retaining an adult salmon over 20 inches total length in ocean waters, and over 22 inches total length in the river system, make a hole in the punch card in one of the designated locations and record the month, day, area of catch and species of salmon in the spaces provided adjacent to the punch. A punch card shall be valid for the calendar year. No person may purchase or possess more than one punch card or any punch card other than his own. Upon purchase of the punch card, the card number shall be entered in ink on the back of the angler’s sport fishing license. The sport fishing license number shall be entered on the punch card in the appropriate box. Anglers must return punch cards to the department within 30 days of the close of the calendar year. The department may charge a fee for each punch card issued to defray printing and related administrative costs. The amount of said fee shall be $1.05 as adjusted pursuant to sections 713 and 1055 of the Fish and Game Code. 1.76. Spearfishing. 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. 1.80. Take. Hunt, pursue, catch, capture or kill fish, amphibians, reptiles, mollusks, crustaceans or invertebrates or attempting to do so. 1.84. Titles and Section Numbers. All titles and headings used in these regulations are a part thereof. All section numbers cited refer to these regulations unless otherwise specified. 1.87. Waste of Fish. It is unlawful to cause or permit any deterioration or waste of any fish taken in the waters of this state. 1.88. Public Pier. A public pier is a publicly owned manmade structure that has the following characteristics: is connected, above the mean high tide, to the main coastline or to the landmass of a named and charted natural island; has unrestricted free access for the general public; and has been built or currently functions for the primary purpose of allowing angling access to ocean waters. Additionally, publicly owned jetties or breakwaters that are connected to land, as described above, that have free unrestricted access for the general public and whose purpose it is to form the most seaward protective boundary of an ocean harbor are public piers. Jetties, breakwaters, promenades, sea walls, moles, docks, linings, barriers and other structures that are not the most seaward protective boundary of an ocean harbor, are not public piers. 1.90. Nearshore Fish Stocks, Nearshore Fisheries, and Nearshore Waters, and Shallow Nearshore Rockfish Defined. (a) Under the authority of Section 8587.1 of the Fish and Game Code, Section 8586 of the Fish and Game Code is made inoperative. (b) “Nearshore fish stocks” means any of the following: (1) black rockfish (Sebastes melanops), (2) black-and-yellow rockfish (Sebastes chrysomelas), (3) blue rockfish (Sebastes mystinus), (4) brown rockfish (Sebastes auriculatus), (5) cabezon (Scorpaenichthys marmoratus), (6) calico rockfish (Sebastes dallii), (7) California scorpionfish (sculpin) (Scorpaena guttata), (8) California sheephead (Semicossyphus pulcher), (9) China rockfish (Sebastes nebulosus), (10) copper rockfish (Sebastes caurinus), (11) gopher rockfish (Sebastes carnatus), (12) grass rockfish (Sebastes rastrelliger), (13) greenlings of the genus Hexagrammos, (14) kelp rockfish (Sebastes atrovirens), (15) monkeyface eel (Cebidichthys violaceus), (16) olive rockfish (Sebastes serranoides), (17) quillback rockfish (Sebastes maliger), and (18) treefish (Sebastes serriceps), (c) “Nearshore fisheries” means the commercial or recreational taking, posses-sion, or landing of any species of nearshore fish stocks. (d) “Nearshore waters” means ocean waters including around offshore rocks and islands extending from the shore to a depth of 20 fathoms. (e) “Shallow nearshore rockfish” means a subgroup of rockfishes (genus Sebastes) including only black-and-yellow rockfish, China rockfish, gopher rockfish, grass rockfish, and kelp rockfish. 1.91. Rockfish, Cabezon and Greenling (RCG) Complex. “RCG Complex” means all species of rockfish (Sebastes), cabezon (Scorpaenichthys marmoratus), and kelp and rock greenlings (genus Hexagrammos). Chapter 4. Ocean Fishing 27.00. Definition. The Ocean and San Francisco Bay District consists of the open seas adjacent to the coast and islands or in the waters of those open or enclosed bays contiguous to the ocean, and including San Francisco and San Pablo bays plus all their tidal bays, tidal portions of their rivers and streams, sloughs and estuaries between Golden Gate Bridge and Carquinez Bridge, and the waters of Elkhorn Slough, west of Elkhorn Road between Castroville and Watsonville. Also see Section 1.53. 27.05. Chumming. Chumming, including chumming with live bait, is permitted. 27.10. Live Bait Restrictions. Tilapia may not be used or possessed for use as bait in ocean waters. 27.15. Multi-Day Fishing Trips. The following provisions apply to anglers and to boat owners and operators when a Declaration for a Multi-Day Fishing Trip has been filed with the Department of Fish and Game. (a) Provisions related to the angler: Up to three daily bag and possession limits of saltwater fin fish, lobster and rock scallops and up to two daily bag and possession limits of abalone are allowed for a person fishing during a multi-day trip in ocean waters from a boat whose owner or operator has filed a Declaration for Multi-Day Fishing Trip, pursuant to the provisions of subsection (b) below. (1) The provisions of this section do not authorize any person to take more than one daily bag limit of fish during one calendar day. (2) The provisions of this section do not apply to the taking and possession of salmon, steelhead, striped bass and sturgeon. (b) Provisions related to the boat owner or operator who has filed for a Declaration for a Multi-Day Fishing Trip: (1) The owner or operator of a boat shall mail or deliver to the nearest office of the department a Declaration for Multi-Day Fishing Trip application form provided by the Department and a $3.00 filing fee. The applicant shall provide the following information: (A) Place, date and time of departure of the boat. (B) Place, date and estimated time of return of the boat. (C) Name and/or number of the boat, including the number of any Fish and Game registration number plates assigned to the vessel. (D) Copy of passenger manifest if fishing within 10 miles of the mainland shore of California. (E) Date and hour Declaration mailed or delivered to the Fish and Game Department office. (2) The Declaration for Multi-Day Fishing Trip form must be submitted to the nearest office of the department in order for any person aboard such boat to possess more than one bag limit of saltwater fin fish, abalone, lobster and rock scallops. If mailed, the form must be received at least 48 hours prior to the date of the boats departure. If the 48-hours advance notice is not met, the original copy of the form signed by an authorized department representative must be aboard the vessel during the trip. Forms will be accepted for authorization only during business hours of 8:00 a.m. to 5:00 p.m. (3) A Declaration for Multi-Day Fishing Trip may not be filed for a trip unless the trip is continuous and extends for a period of 12 hours or more on the first and last days of the trip and no berthing or docking is permitted within five miles of the mainland shore. (4) The owner or operator of a boat filing a Declaration for Multi-Day Fishing Trip shall prepare such form in duplicate, and shall require the duplicate to be posted in full view of the passengers aboard the boat. (5) All passengers must disembark at place of return stated on Declaration. Fin Fish--General 27.56. Take General. Except as otherwise provided, there are no closed season, closed hours or minimum size limits on fin fish in the Pacific Ocean including all saltwater bays except that in San Francisco Bay between the Golden Gate Bridge and the Carquinez Bridge and in saltwater tributaries to the bay within the area bounded by Interstate 80 and Highways 17, 101 and 37 fin fish may not be taken between one hour after sunset to one hour before sunrise except from shore or piers. Fin Fish--Minimum Size Limits, Bag and Possession Limits and Seasons 27.60. Limit. (a) General. No more than 20 finfish in combination of all species with not more than 10 of any one species, may be taken or possessed by any one person except as otherwise provided. (See Sections 27.70 through 28.62 for minimum size limits and poundage restrictions for certain species.) (b) Within the overall bag limit of 20 fish, the following special limits apply: (1) Rockfish (rockcod) and lingcod taken in the Northern Rockfish and Lingcod Management Area: • Rockfish (see Sections 27.82 and 28.55) —10 fish - all of which may be of the same species of rockfish except as provided for bocaccio which is two, cowcod which is zero, yelloweye rockfish which is one, (but no more than two per vessel) and canary rockfish which is one. ·Lingcod (see Sections 27.82 and 28.27) – two fish. (2) RCG complex, as defined in Section 1.91, lingcod, and California scorpionfish taken in the Central or Southern Rockfish and Lingcod Management Areas: • RCG complex (see Sections 27.82, 28.28, 28.29 and 28.55) — 10 fish, except as provided for bocaccio, cowcod, yelloweye rockfish and canary rockfish which is zero. The following RCG complex sub-limits also apply: shallow nearshore rockfish as defined in Section 1.90 (e) — 2 fish, cabezon — 3 fish, and greenlings of the genus Hexagrammos — 2 fish. • Lingcod (see Sections 27.82 and 28.27) — two fish. • California scorpionfish (see Sections 27.82 and 28.54) — five fish. (3) For species of fish other than rockfish, lingcod, California scorpionfish, cabezon and greenlings, within the overall bag limit of 20 fish, the following special limits apply: California sheephead in Section 28.26 which is five fish, salmon—two fish, except as provided in Section 27.80; trout taken from ocean and bays—three fish; white seabass—three fish, except as provided in Section 28.35; sturgeon— one fish; striped bass—two fish; California halibut—five fish, except as provided in Section 28.15; Pacific halibut—one fish; giant (black) sea bass—zero fish, except as provided in Section 28.10 surfperch-five fish in the aggregate of all species, except for shiner surfperch under subsection (c) below; broadbill swordfish—two fish; marlin—one fish; garibaldi—zero fish; gulf grouper—zero fish; broomtail grouper—zero fish; leopard shark—three fish; blue shark—two fish; thresher shark—two fish; shortfin mako shark—two fish; soupfin shark—one fish; sixgill shark—one fish; sevengill shark—one fish; white shark—zero fish. (c) In addition to the overall bag limit of 20 fish, and special limits in subsection (b), the following special limits apply: Shiner surfperch-20. (d) There is no limit on the following species: Albacore, anchovy, bluefin tuna, grunion, jacksmelt, topsmelt, petrale sole, Pacific butterfish (pompano), queenfish, sanddabs, skipjack, jack mackerel, Pacific mackerel, Pacific staghorn sculpin, starry flounder, round herring, Pacific herring and Pacific sardine. 27.65. Filleting of Fish on Vessels. (a) Definition of Fillet: For the purpose of this section a fillet is the flesh from one side of a fish extending from the head to the tail which has been removed from the body (head, tail and backbone) in a single continuous piece. (b) Fish That May be Filleted: No person shall fillet on any boat or bring ashore as fillets any fish, except in accordance with the following requirements: (1) Kelp bass, sand bass, spotted bass, and ocean whitefish: All fillets shall be a minimum of six and one-half inches in length. Each fillet shall bear intact a one-inch square patch of skin. (2) Barracuda: Fillets must be a minimum of 17 inches in length. Each fillet shall bear intact a one-inch square patch of silver skin. (3) Lingcod. Lingcod fillets must be a minimum of 16 inches in length. Each fillet shall bear intact a one-inch square patch of skin. (4) White sea bass: Fillets must be a minimum of 19 inches in length. Each fillet shall bear intact a one-inch square patch of silver skin. (5) Pacific bonito: No more than 10 fillets of any length may be possessed. All bonito fillets possessed shall be considered a part of the allowable undersized tolerance of five bonito per day less than 24 inches fork length or weighing less than five pounds as provided in Section 28.32 of these regulations. All fillets shall bear intact a one-inch square patch of skin. (6) California halibut taken from or possessed aboard a vessel south of Point Arena (Mendocino County): Fillets must be a minimum of 16 and three-quarter inches in length and shall bear the entire skin intact. A fillet from a California halibut (flesh from one entire side of the fish with the entire skin intact) may not be cut in half fillets. However, a fillet may be cut lengthwise in a straight line along the midline of the fillet where the fillet was attached to the vertebra (backbone) of the fish only if the two pieces of a fillet remain joined along their midline for a length of at least two inches at one end of the fillet. (7) Yellowtail: Fillets must be a minimum of 17 inches in length, except not more than 10 fillets may be less than 17 inches. Each fillet shall bear intact a one-inch square patch of skin. (8) Rockfish: Fillets must have the entire skin attached. Brown-skinned rockfish: Fillets shall be a minimum of six and one-half inches in length. (9) California scorpionfish (commonly termed “sculpin”): Fillets must be a minimum of five inches. Each fillet shall bear intact a one-inch square patch of skin. (10) All other species except those listed in subsection (c) of this section: Each fillet shall bear intact a one-inch square patch of skin. The fillets may be of any size. (c) Fish That May Not be Filleted: No person shall fillet on any boat or bring ashore as fillets the following fish: cabezon, kelp and rock greenlings, California halibut north of Point Arena (Mendocino County), and any species of flatfish, other than California halibut, including Pacific and Greenland halibut, tonguefish, sole, turbot, flounder, and sanddab, and salmon, striped bass and sturgeon. 27.67. Transport of Recreational Finfish Through a Restricted Fishing Area. The department may authorize recreational vessels that have finfish in possession that were legally taken within a Rockfish and Lingcod Management Area defined in Section 27.82(b), Title 14, CCR, to transport those finfish through another Rockfish and Lingcod Management Area in which regulations governing the take and possession of those species are different. The permit described in this section is not required for vessels operating entirely within a Rockfish and Lingcod Management Area. Permission shall be granted on an annual permit signed by the Regional Manager of the Department of Fish and Game’s Marine Region. To apply for a permit, an owner or operator of a vessel required to obtain a commercial passenger fishing boat license, or a recreational angler shall submit an application for Permit for Transit of Recreational Finfish Through Restricted Fishing Areas (form FG 672 (new 01/01/01) which is incorporated by reference herein), and an annual fee of $30.00 per year, or $7.50 for a period of 30 days or less. The permit shall be onboard the vessel when transiting waters closed to sport fishing. 27.70. Trout in the Ocean. (a) Methods of take: The trout must voluntarily take the bait or lure in its mouth. (b) Limit: Three, except the take of steelhead rainbow trout in the ocean is prohibited. 27.75. Salmon Closures. (a) No salmon may be taken in ocean waters at the mouth of the Smith and Klamath rivers within three nautical miles north and south of a line drawn due west for three nautical miles from the center of the mouth of each of said rivers. (b) No salmon may be taken during the months of August and September in ocean waters at the mouth of the Eel River within two nautical miles north and south of a line drawn due west for two nautical miles from the center of the mouth of said river. (c) No salmon may be taken during the month of August in ocean waters at the mouth of the Klamath River within six nautical miles north and south of a line drawn due west for three nautical miles from the center of the mouth of said river. 27.80. Salmon. (a) Methods of take: (1) General Provisions. Only by angling as defined in Section 1.05. No sinkers or weights exceeding four pounds may be used, except that a fishing line may be attached to a sinker or weight of any size if such sinker or weight is suspended by a separate line and the fishing line is released automatically by a mechanical device from the sinker or weight when any fish is hooked. See sections 1.74, 28.65 and 28.70. (2) Barbless Hooks. No more than two (2) single point, single shank barbless hooks shall be used in the ocean north of Point Conception (34°27’00” N. lat.) when salmon fishing or fishing from any boat or floating device with salmon on board. (3) Other Hook Restrictions. When fishing with bait in the ocean between Horse Mountain (40°05’00” N. lat.) and Point Conception, if angling by any other means than trolling, then no more than two (2) single point, single shank, barbless circle hooks shall be used. The distance between the two hooks must not exceed five inches when measured from the top of the eye of the top hook to the inner base of the curve of the lower hook, and both hooks must be permanently tied in place (hard tied). A circle hook is defined as a hook with a generally circular shape, and a point which turns inwards, pointing directly to the shank at a 90 degree angle. Trolling is defined as angling from a boat or floating device that is making way by means of a source of power, other than drifting by means of the prevailing water current or weather conditions. See Section 28.65(g). (4) One Rod Restriction north of Point Conception. Salmon may be taken by angling with no more than one rod in ocean waters north of Point Conception. See Section 28.65(e). (b) Season: (1) South of Pigeon Point (37°11' 00” N. lat.). All waters of the ocean south of Pigeon Point are open to salmon fishing from March 30, 2002 through September 29, 2002 (Note: In 2003, the season will open March 29, the Saturday nearest April 1). (2) Between Point Arena (38°57' 30” N. lat.) and Pigeon Point. All waters of the ocean between Point Arena and Pigeon Point are open to fishing from April 13, 2002 through November 10, 2002 (Note: In 2003, the season will open April 12, the Saturday nearest April 15). (3) Between Horse Mountain and Point Arena. All waters of the ocean between Horse Mountain and Point Arena are open to salmon fishing from February 16, 2002, the Saturday nearest February 15, through July 7, 2002, and July 20, 2002 through November 17, 2002, the Sunday nearest November 15 (Note: In 2003, the season will open February 15, the Saturday nearest February 15). (4) North of Horse Mountain and Humboldt Bay. All waters of the ocean north of Horse Mountain and Humboldt Bay are open to salmon fishing from May 15, 2002 through June 30, 2002, July 3 and 4, 2002, and August 1, 2002 through September 15, 2002 (Note: In 2003, the season will be decided in April by the Pacific Fishery Management Council and California Fish and Game Commission and the section will be amended pursuant to the regulatory process). Exception: The ocean area surrounding the Klamath River mouth bounded on the north by 41°38’48”N lat. (approximately 6 nautical miles north of the Klamath River mouth), on the south by 41°26’48” N. lat. (approximately 6 nautical miles south of the Klamath River mouth), and extending 3 nautical miles offshore is closed to salmon fishing between August 1 and August 31. No salmon may be taken at any time in ocean waters at the mouths of the Smith and Klamath rivers and during August and September at the mouth of the Eel River. See Section 27.75. (c) Limit: (1) North of Horse Mountain: Two salmon per day. No more than six fish in seven consecutive days. See subsection (c)(3) below. (2) South of Horse Mountain: Two salmon per day. See subsection (c)(3) below and Section 1.17. (3) Statewide Silver (coho) Salmon Restrictions: No silver (coho) salmon may be retained. (d) Minimum size: (1) North of Horse Mountain: Twenty inches total length. (2) South of Horse Mountain: Twenty-four inches total length through April 30 and twenty inches total length thereafter. (Note: In 2003, the season will open with a minimum size of twenty-four inches total length). 27.82. Management Areas Defined; Closure Periods Defined. (a) Cowcod closure areas means both Area 1 and Area 2: Area 1 is an area south of Point Conception that is bound by straight lines connecting the following points in the order listed: 33E50' N. lat., 119E30' W. long.; 33E50' N. lat., 118E50' W. long.; 32E20' N. lat., 118E50' W. long.; 32E20' N. lat., 119E37' W. long.; 33E00' N. lat., 119E37' W. long.; 33E00' N. lat., 119E53' W. long.; 33E33' N. lat., 119E53' W. long.; 33E33' N. lat., 119E30' W. long.; 33E50' N. lat., 119E30' W. long.; and Area 2 is a smaller area west of San Diego that is bound by straight lines connecting the following points in the order listed: 32E 42' N. lat., 118E02' W. long.; 32E42' N. lat., 117E50' W. long.; 32E36' 42" N. lat., 117E50' W. long.; 32E30' N. lat., 117E53’30" W. long.; 32E30' N. lat., 118E02' W. long.; 32E42' N. lat., 118E02' W. long.; (b) Rockfish and lingcod management areas are as follows: Northern Rockfish and Lingcod Management Area means ocean waters between the Oregon/ California border and 40 E 10' N. lat (near Cape Mendocino, Humboldt County); the Central Rockfish and Lingcod Management Area means ocean waters between 40 E 10' N. lat. and Point Conception, Santa Barbara County (at 34 E 27' N. lat.); and the Southern Rockfish and Lingcod Management Area means ocean waters between Point Conception and the U.S./Mexico border including the Cowcod Closure Areas. (c) Rockfish and lingcod closure periods, except as provided in subsection (d), are as follows: Northern Rockfish and Lingcod Closure Period means the date that the harvest guideline for canary or yelloweye rockfish has been reached and the fishery is closed pursuant to subsection (g) of this Section. Central Rockfish and Lingcod Closure Period means January - December, inclusive, and Southern Rockfish and Lingcod Closure Period means January - December, inclusive. (d) During rockfish and lingcod closures specified in subsection (c), fishing for and possession of RCG complex species as defined in Section 1.91 (excluding bocaccio, canary, yelloweye rockfish, and cowcod), California scorpionfish, ocean whitefish and lingcod is allowed in the following areas and time periods, and is otherwise prohibited: (1) In the Northern Rockfish and Lingcod Management Area, during January -December, inclusive, except only in waters less than 27 fathoms in depth along the mainland coast and around offshore rocks (excluding reefs and banks) commencing the day following a fishery closure implemented pursuant to subsection (c) of this Section; (2) In the Central and Southern Rockfish and Lingcod Management Areas, in waters less than 20 fathoms in depth along the mainland coast and around offshore islands and rocks (excluding reefs and banks) during July-December, inclusive, except that California scorpionfish may be taken and possessed in waters less than 20 fathoms in depth along the mainland coast and around offshore islands and rocks during January-February and in waters less than 50 fathoms in depth along the mainland coast during the months of July and August in the area bound by the mainland shore, a line extending due south true from Point Fermin in Los Angeles County, and a line extending due west true from Newport South Jetty in Orange County (waters less than 50 fathoms deep in the area east of a line extending due south true from Point Fermin located at 33°42’30” N. latitude, 118°17´30” W. longitude; and north of a line extending due west true from Newport South Jetty located at 33°35´37” N. latitude, 117°52´50” W. longitude). (e) At no time may lingcod, ocean whitefish, RCG complex species as defined pursuant to Section 1.91, and California scorpionfish be taken or possessed except as provided in subsections (c) and (d) of this Section. (f) At no time may California sheephead, lingcod, cabezon, kelp or rock greenlings, California scorpionfish, rockfish, or ocean whitefish be taken or possessed while fishing in water 20 fathoms or greater in depth in the cowcod closure areas. (g) When the department determines, based on the best available scientific information, that an annual harvest limit (harvest guideline) established in regulation by the National Marine Fisheries Service for lingcod, rockfish, or a subgroup of rockfish, and/or California scorpionfish, in the California recre-ational fishery has been exceeded or is projected to be exceeded prior to the end of the year, the department may close the recreational fishery for lingcod, rockfish, a subgroup of rockfish, and/or California scorpionfish in all or part of the Northern, Central, or Southern Rockfish and Lingcod Management areas [see Section 27.82(b)], depending on the level of lingcod, rockfish, a subgroup of rockfish, and/or California scorpionfish, catch in each area, for the balance of the calendar year. (h) The department shall give the public and the National Marine Fisheries Service no less than 10 days notice of any fishery closure implemented pursuant to this Section via a department news release. 27.83. California Rockfish Conservation Area. California Rockfish Conservation Area (CRCA) means ocean waters south of 40°10' N. lat. (near Cape Mendocino) to the U.S./Mexico International Border within the depth zones and areas specified in subsections (a)(1), (2), and (3). (a) CRCA depth zones are as follows: (1) From 40°10' N. lat., near Cape Mendocino south to Pt. Reyes (at 37°59' 44" N. lat.) the CRCA includes ocean waters 20 fathoms and deeper to the seaward waypoints specified in federal regulations (which equate to about 250 fathoms). (2) From Pt. Reyes to the U.S.-Mexico border the CRCA includes ocean waters 20 fathoms and deeper to the seaward waypoints specified in federal regulations (which equate to about 150 fathoms). (3) The CRCA includes the Cowcod Conservation Areas (see Subsection 27.82(a), Title 14, California Code of Regulations). (b) Species Restrictions. Except as provided below, the take and possession of the following species is prohibited in the CRCA: all species of rockfish (Sebastes spp.), lingcod (Ophiodon elongatus), California scorpionfish (Scorpaena guttata), and ocean whitefish (Caulolatilus princeps) except that these species may be possessed aboard vessels transiting the area with no fishing gear in the water. (c) Definitions. (1) Highly migratory species are defined pursuant to Section 1.49, Title 14, CCR. (2) Coastal pelagic species are defined pursuant to Section 1.39, Title 14, CCR. (3) Salmon are defined pursuant to Section 1.73, Title 14, CCR. (4) Squid jig means: a multi-pronged barbless hook with a 2-3 inch long, 1/4 to 3/4 inch thick, sometimes brightly-colored shank commonly used to catch coastal pelagic species. (5) Downrigger means: a device used to deploy one or more fishing lines (via a spool, davit, main line, and terminal weight) each with a terminal hook or lure to a desired depth in the water column and that uses a clip to hold each fishing line in place until a fish takes the terminal hook or lure at which time the fishing line pulls free of the clip. (6) No. 2 hook means: a fishing hook with a gap between the hook point and the shank at its closest point of 7/16 inch. (7) Federal regulation means: the federal groundfish regulations that are found at 50 CFR (Code of Federal Regulations) parts 600 and 660 or as amended through proposed and final rules and published in the Federal Register, and; the federal groundfish regulations published in the Federal Register as the annual specifications and management measures or as amended through inseason actions or corrections. (d) Gear restrictions. Except as provided in subsection (e) below, the following fishing gear types or sizes are prohibited for use or possession aboard any vessel with one or more persons aboard taking fish under authority of a sport fishing license except that possession is allowed if the vessel is underway or transiting the CRCA with no gear in the water: all types of hook and line gear with more than one hook or lure and more than 6 ounces of weight attached. (e) Gear type and species exceptions as they apply to the CRCA are as follows: (1) When fishing for salmon, see Sections 27.80 and 28.65, Title 14, CCR. (2) An additional hook (sliding or fixed) and downriggers with up to 5 pounds of weight may be used when trolling for species other than salmon. (3) Up to 2 hooks and up to 1 pound of weight may be used when drifting for highly migratory species, California halibut, or yellowtail (Seriola lalandi). (4) Up to 5 No. 2 or smaller hooks and up to 1 pound of weight may be used when fishing for sanddabs or coastal pelagic species through February 28, 2003, after which date up to 12 No. 2 or smaller hooks and up to 2 pounds of weight may be used. (5)There is no limit of the number of squid jigs that may be used on a line. (6) Fishing is allowed for California scorpionfish (sculpin) in waters less than 50 fathoms in depth during the months of July and August in the area bound by the mainland shore, a line extending due south true from Point Fermin in Los Angeles County, and a line extending due west true from Newport South Jetty in Orange County (waters less than 50 fathoms deep in the area east of a line extending due south true from Point Fermin located at 33E42’30" N. lat., 118E17’30" W. long. and north of a line extending due west true from the Newport South Jetty located at 33E35’37" N. lat., 117E52’50" W. long.). 27.85. Striped Bass. (a) Open season: All year. (b) Limit: Two. (c) Minimum size: (1) North of Pt. Conception, 18 inches total length. (2) South of Pt. Conception, no minimum size limit. (d) Methods of take: No striped bass may be taken while using a sinker weighing over four pounds, or while using any power driven gurdy or winch. Striped bass may may only be taken by angling as defined by Section 1.05, Title 14, CCR; snagging is an illegal method of take. 27.90. Sturgeon. (a) Open season: All year. (b) Daily bag limit: One. (c) Size limit: No fish less than 46 inches total length or greater than 72 inches total length may be taken or possessed. (d) Methods of take: The sturgeon must voluntarily take the bait or lure in its mouth. No sturgeon may be taken by trolling, snagging or by the use of firearms. Sturgeon may not be gaffed, nor shall any person use any type of firearm to assist in landing or killing any sturgeon. 27.95. Sturgeon Closure. Sturgeon may not be taken in the following described area between January 1 and March 15: That portion of San Francisco Bay included within the following boundaries: A direct line between Pt. Chauncy (National Marine Fisheries Laboratory) and Pt. Richmond, the San Francisco-Oakland Bay Bridge and a direct line between Pt. Lobos and Pt. Bonita. 28.00. Grunion, California. May be taken June 1 through March 31. 28.05. Garibaldi. May not be taken or possessed. 28.06. White Shark. White shark may not be taken, except under permit issued by the Department pursuant to Section 1002 of the Fish and Game Code for scientific or educational purposes. 28.10. Giant (Black) Sea Bass. (a) May not be taken off California. All fish taken incidental to other fishing activity shall be immediately returned to the water where taken. (b) Limit: Two per angler per trip when fishing south of United States-Mexico border. A valid fishing permit or license from the Mexican government constitutes proof that fish were taken legally. 28.12. Gulf Grouper and Broomtail Grouper. May not be taken or possessed. 28.15. Halibut, California. (a) Limit: Five in waters south of a line extending due west magnetic from Point Sur, Monterey County, and three in waters north of a line extending due west magnetic from Point Sur, Monterey County. (b) Minimum size: Twenty-two inches total length. 28.20. Halibut, Pacific. (a)Season: Pacific halibut may be taken only from May 1 through September 30. (b) Limit: One. (c) Minimum size: Thirty-two inches total length. 28.25. Barracuda, California. Minimum size: Twenty-eight inches total length or seventeen inches alternate length. 28.26. California Sheephead. (a) Open Season and Area: Open all year, except California sheephead shall not be taken or possessed in waters 20 fathoms or greater in depth in the cowcod closure areas. (b) Limit: Five. (c) Minimum size: 12 inches total length. 28.27. Lingcod. (a) Open Season and Area: See Section 27.82. Lingcod may not be taken or possessed by a person by hook and line fishing or by spear fishing during a northern, central or southern rockfish and lingcod closure unless provided for under Section 27.82(d). (b) Limit: Two. (c) Minimum size: Twenty-four inches total length. (d) Method of take: Not more than two hooks and one line. For purposes of this section, a hook is a single hook, or double or treble hook with multiple points connected to a common shank. 28.28. Cabezon. (a) Open season and areas: See Section 27.82. Cabezon may not be taken or possessed by a person by hook and line fishing or by spear fishing during a northern, central or southern rockfish and lingcod closure unless provided for under Section 27.82(d). (b) Limit: (1) Northern Rockfish and Lingcod Management Area (see Section 27.82): Ten. (2) Central and Southern Rockfish and Lingcod Management Area (see Section 27.82): Three, within an RCG complex bag limit of 10 fish. (c) Minimum size: Fifteen inches total length. 28.29. Kelp Greenling. Rock Greenling. (a) Open season: See Section 27.82. Kelp or rock greenlings (genus Hexagrammos) may not be taken or possessed by a person by hook and line fishing or by spear fishing during a northern, central or southern rockfish and lingcod closure unless provided for under Section 27.82(d). (b) Limit: (1) Northern Rockfish and Lingcod Management Area (see Section 27.82): Ten Kelp Greenling; Ten Rock Greenling. (2) Central and Southern Rockfish and Lingcod Management Area (see Section 27.82): Two greenlings of the genus Hexagrammos, within an RCG complex bag limit of 10 fish. (c) Minimum size: Twelve inches total length. 28.30. Kelp Bass, Barred Sand Bass and Spotted Sand Bass. (a) Minimum size: Twelve inches total length or eight and one-half inches alternate length. (b) Limit: Ten in any combination of species. 28.32. Pacific Bonito. (a) Limit: Ten. (b) Minimum size: Twenty-four inches fork length or five pounds except that: Five fish less than twenty-four inches fork length or weighing less than five pounds may be taken and possessed. (c) The provisions of this section shall only remain operative if the provisions of Section 8377 of the Fish and Game Code, pertaining to the commercial take of Pacific bonito, become operative on March 1, 1982 and remain operative. 28.35. White Seabass. (a) Minimum size: Twenty-eight inches total length or twenty and one-half inches alternate length. (b) Season: Open all year. (c) Limit: Three, except that only one fish may be taken in waters south of Pt. Conception between March 15 and June 15. 28.37. Yellowtail. (a) Limit: Ten (b) Minimum size: Twenty-four inches fork length except that: Five fish less than twenty-four inches fork length may be taken or possessed. 28.40. Broadbill Swordfish. Limit:Two. 28.45. Surf Smelt (Night Smelt, Day Fish, Whitebait Smelt). Limit: Twenty-five pounds in combination. 28.50. Marlin. Limit: One. 28.54. California Scorpionfish (Sculpin). (a) Open season: See Section 27.82. California scorpionfish may not be taken or possessed by a person by hook and line fishing or by spear fishing in a Northern, Central, or Southern Rockfish and Lingcod Management area during a closure in those areas unless provided for under Section 27.82 (d). (b) Limit: Five . (c) Minimum size: Ten inches total length. 28.55. Rockfish (Sebastes). (a) Open seasons and areas: See Section 27.82. Rockfish, including bocaccio, cowcod, yelloweye, and canary rockfish, may not be taken or possessed by a person by hook and line fishing or by spear fishing in a Northern, Central or Southern Rockfish and Lingcod Management Area during a rockfish and lingcod closure unless provided for under Section 27.82(d). (b) Limit: (1) When fishing is authorized in the Northern Rockfish and Lingcod Management Area pursuant to Section 27.82(d) following a closure specified in Section 27.82(c): Ten in any combination of species, except bocaccio – two; yelloweye rockfish - zero; canary rockfish - zero; cowcod – zero. (2) When fishing is authorized in the Central and Southern Rockfish and Lingcod Management Areas pursuant to Section 27.82(d), Ten in any combination of species, except bocaccio - zero; yelloweye rockfish - zero; canary rockfish - zero; and cowcod – zero. The sub-limit of shallow nearshore rockfish as defined in Section 1.90 is two fish within the 10-fish rockfish bag limit. (c) Size limit: None, except no bocaccio may be taken or possessed that is less than 10 inches in total length. (d) Method of take: Not more than two hooks and one line. For purposes of this section, a hook is a single hook, or a double or treble hook with multiple points connected to a common shank. 28.56. Leopard Shark. (a) Limit: three. (b) Minimum size: 36 inches total length. 28.58. Ocean Whitefish. Open Season and Area: See Section 27.82. Ocean whitefish may not be taken or possessed by a person by hook and line fishing or by spear fishing in a Northern, Central or Southern Rockfish and Lingcod Management Area during a closure in those areas unless provided for under Section 27.82(d). 28.59. Surfperch. (a) Open season and areas: Open all year, except surfperch of the family Embioticdae, with the exception of shiner surfperch (Cymatogaster aggregata), may not be taken or possessed by a person in San Francisco Bay and San Pablo Bay between April 1 and July 31, inclusive. (b) Limit: Five in any combination of species (includes all members of the family Embioticidae), except that the daily bag limit for shiner surfperch is twenty. (c) Minimum size: redtail surfperch, ten and one-half inches total length. All other surfperch, none. 28.60. Herring Eggs. Limit: Twenty-five pounds (including plants) wet weight. Fin Fish--Gear Restrictions 28.65. General. Except as provided in this article, fin fish may be taken only on hook and line or by hand. Any number of hooks and lines may be used in all ocean waters and bays except: (a) San Francisco and San Pablo bays between the Golden Gate Bridge and the west Carquinez Bridge, where only one line with not more than three hooks may be used. (b) On public piers, no person shall use more than two rods and lines, two hand lines, or two nets, traps or other appliances used to take crabs. (c) When rockfish (genus Sebastes) or lingcod (Ophiodon elongatus) are aboard or in possession, where only one line with not more than two hooks may be used pursuant to sections 28.55 or 28.27, respectively. (d) No gaff hook shall be used to take or assist in landing any fin fish shorter than the minimum size limit. For the purpose of this section a gaff hook is any hook with or without a handle used to assist in landing fish or to take fish in such a manner that the fish does not take the hook voluntarily in its mouth. No person shall take fin fish from any boat or other floating device in ocean waters without having a landing net in possession or available for immediate use to assist in landing undersize fish of species having minimum size limits; the opening of any such landing net shall be not less than eighteen inches in diameter. (e) North of Point Conception (34°27' 00" N. lat.), where only one rod and line may be used by each angler fishing for salmon, or fishing from any boat or floating device with salmon on board. (f) Mousetrap gear prohibited: It is unlawful to use, assist in using, or to possess aboard any vessel, hook-and-line gear commonly termed “mouse traps” constructed of a hook(s) or lure(s), attached to one end of a line that is attached to a float, or floats at the other end, and that when fished, is not attached directly to a person or vessel. Possession of such gear aboard a vessel shall be prima facie evidence that the gear is being used in violation of this regulation. (g) North of Point Conception to Horse Mountain, Section 27.80(a)(3) applies to each angler fishing for salmon or fishing from any boat or floating device with salmon on board. (Also see Section 27.83, California Rockfish Conservation Area.) 28.70. Weight, Power Driven Gurdies or Power Driven Winches. (a) No sinker or weight weighing more than four pounds, nor any power driven gurdy or power driven winch, may be used in any ocean waters or saltwater bays north of Point Arguello. This regulation does not apply to: (1) power gurdies or power winches used solely for handling crab nets or traps; (2) the use of downriggers where the downrigger line is not used as a fishingline but is attached to the fishing line by a breakaway line; or (3) the use of electric fishing reels manufactured for sport fishing use. 28.75 Baited Traps for Shiner Perchfish, Pacific Staghorn Sculpin and Longjaw Mudsuckers. In San Francisco and San Pablo bays and their saltwater tributaries, and in the open ocean and the contiguous bays of Mendocino, Sonoma and Marin counties, traps not over three feet in greatest dimension may be used to take shiner surfperch, Pacific staghorn sculpin and longjaw mudsuckers. Any other species taken shall be returned to the water immediately. 28.80. Dip Nets and Hawaiian Type Throw Nets. Dip nets of any size and baited hoop nets not greater than 36 inches in diameter may be used to take herring, Pacific staghorn sculpin, shiner surfperch, surf smelt, topsmelt, anchovies, shrimp and squid. Hawaiian type throw nets may be used north of Point Conception to take such species. 28.85. Beach Nets. Beach nets not over 20 feet in length with meshes at least 7/8 of an inch in length may be used to take surf smelt north of Point Conception. 28.90. Diving, Spearfishing. Persons who are floating or swimming in the water may use spearfishing gear and skin or SCUBA diving equipment to take fin fish other than giant (black) sea bass, garibaldi, gulf grouper, broomtail grouper, trout, salmon, striped bass or broadbill, except that no person may possess or use a spear within 100 yards of the mouth of any stream in any ocean waters north of Ventura County. (Also see Sections 28.27, 28.28, 28.29, 28.54, 28.55 and 28.58.) 28.91. Slurp Guns. Slurp guns may be used to take fin fish except that bag and possession limits shall not be exceeded wherever they apply and no species of fin fish may be taken for which a minimum size limit has been established (Also see Sections 27.60 and 28.00-28.55). 28.95. Spears, Harpoons and Bow and Arrow Fishing Tackle. Spears, harpoons and bow and arrow fishing tackle may be used for taking all varieties of skates, rays, and sharks, except white sharks. Such gear may not be possessed or used within 100 yards of the mouth of any stream in any ocean waters north of Ventura County, nor aboard any vessel on any day or on any trip when broadbill swordfish or marlin have been taken. Bow and arrow fishing tackle may be used to take fin fish other than giant (black) sea bass, garibaldi, gulf grouper, broomtail grouper, trout, salmon, striped bass, broadbill swordfish and white shark. 29.00. Gear Used in Taking Grunion. No appliances of any kind may be used to take grunion, and no holes may be dug in the beach to entrap them. Invertebrates 29.05. General. (a) Except as provided in this article there are no closed seasons, closed hours or minimum size limits for any invertebrate. The bag limit on all invertebrates for which the take is authorized and for which there is not a bag limit otherwise established in this article is 35. In San Francisco and San Pablo bays and saltwater tributaries east of the Golden Gate Bridge invertebrates may not be taken at night except from the shore. (b) Tidal invertebrates may not be taken in any tidepool or other areas between the high tide mark (defined as Mean Higher High Tide) and 1,000 feet seaward and lateral to the low tide mark (defined as Mean Lower Low Water) except as follows: (1) In state parks, state beaches, state recreation areas, state underwater parks, state reserves, national parks, national monuments or national seashores: Only abalones, chiones, clams, cockles, rock scallops, native oysters, crabs, lobsters, ghost shrimp and sea urchins may be taken. Worms may be taken except that no worms may be taken in any mussel bed, unless worms are taken incidental to the harvesting of mussels. Mussels may be taken in all areas except in state park system reserves or natural preserves. (2) In all other areas, except where prohibited within marine life refuges or other special closures: Abalone, limpets, moon snails, turban snails, chiones, clams, cockles, mussels, rock scallops, native oysters, octopuses, squid, crabs, lobsters, shrimp, sand dollars, sea urchins and worms may be taken. (3) Special Closure. No invertebrates shall be taken on the mainland shore within the boundaries of Ano Nuevo State Reserve between the high tide mark and 100 feet beyond the low tide mark between November 30 and April 30. Public access to Ano Nuevo State Reserve is subject to change and anglers are advised to contact the Reserve office (415) 879-0595 prior to fishing. No invertebrates may be taken between the high tide mark and 1000 feet beyond the low tide mark along the lee side of Santa Catalina Island between Lion Head Point and Arrow Point. (c) Measuring Devices. Every person while taking invertebrates which have a size limit shall carry a device which is capable of accurately measuring the size of the species taken. (d) In all ocean waters skin and SCUBA divers may take invertebrates as provided in this article except that in all ocean waters north of Yankee Point (Monterey Co.), self-contained underwater breathing apparatus (SCUBA) may be used only to take sea urchins, rock scallops and crabs of the genus Cancer. For the purpose of this section, breathing tubes are not underwater artificial breathing devices. Mollusks 29.10. General. (a) Except as otherwise provided in this article, saltwater mollusks, including octopus, may be taken only on hook and line or with the hands. (b) The size of a mollusk is measured in greatest shell diameter. 29.15. Abalone. (a) Geographical Area: Abalone may only be taken north of a line drawn due west magnetic from the center of the mouth of San Francisco Bay. No abalone may be taken, landed, or possessed if landed south of this line. (b) Open Season and Hours: Abalone may be taken only during the months of April, May, June, August, September, October and November from one-half hour before sunrise to one-half hour after sunset. (c) Bag Limit and Yearly Trip Limit: Three red abalone, Haliotis rufescens, may be taken per day. No more than three abalone may be possessed at any time. No other species of abalone may be taken or possessed. Each person taking abalone shall stop detaching abalone when the limit of three is reached. No person shall take more than 24 abalone during a calendar year. See sub-section (h) of Section 29.15 below. (d) Minimum Abalone Size: All red abalone must be seven inches or greater measured along the longest shell diameter. All legal size abalone detached must be retained. No undersized abalone may be brought ashore or aboard any boat, placed in any type of receiver, kept on the person, or retained in any person’s possession or under his control. Undersize abalone must be replaced immediately to the same surface of the rock from which detached. Abalones brought ashore shall be in such a condition that the size can be determined. (e) Special Gear Provisions: The use of SCUBA gear or surface supplied air to take abalone is prohibited. Abalone may not be taken or possessed aboard any boat, vessel, or floating device in the water containing SCUBA or surface supplied air. Abalone may be taken only by hand or by devices commonly known as abalone irons. Abalone irons must be less than 36 inches long, straight or with a curve having a radius of not less than 18 inches , and must not be less than 3/4 inch wide nor less than 1/16 inch thick. All edges must be rounded and free of sharp edges. Knives, screwdrivers and sharp instruments are prohibited. (f) Measuring Device: Every person while taking abalone shall carry a fixed caliper measuring gauge capable of accurately measuring seven inches. The measuring device shall have fixed opposing arms of sufficient length to measure the abalone by placing the gauge over the shell. (g) Abalone Possession and Transportation: Abalones must not be removed from their shell, except when being prepared for immediate consumption. (h) Abalone Report Card. All persons must have a nontransferable Abalone Report Card (FG 2915 (New 12/99)) issued by the department while taking abalone. Upon purchase of the report card, the card number shall be entered in ink on the back of the angler’s sport fishing license. The sport fishing license number shall be entered on the report card in the appropriate box. The abalone report card shall be kept with the fishing license while taking or attempting to take abalone. Persons diving from a boat shall keep the license and abalone report card in the boat. Persons diving from the shore shall keep the license and abalone report card within 500 yards on the shore. Persons must, immediately upon taking and/or bringing ashore an abalone, make a hole in the report card in one of the designated locations and record with indelible ink, the date, time, and location in the spaces provided adjacent to the hole. For the purposes of this section a boat is defined as any watercraft used or capable of being used as a means of transportation on water (reference Section 9840(a), Vehicle Code and Section 6552(q), Title 14, California Code of Regulations). An Abalone Report Card shall be valid during the open season for taking abalone in the calendar year for which it was issued. No person may be issued or possess more than one Abalone Report Card or any abalone report card other than their own. No person shall take more than 24 abalone in a calendar year. The Abalone Report Card must be returned to the Department of Fish and Game at 19160 South Harbor Drive, Fort Bragg, California 95437-5798, within 30 days of the close of the abalone season. 29.20. Clams General. (a) Except as provided in this article, there are no closed seasons, bag limits or size limits on saltwater clams. (b) Fishing hours: One-half hour before sunrise to one-half hour after sunset. (c) Special gear provisions: Spades, shovels, hoes, rakes or other appliances operated by hand, except spears or gaff hooks, may be used to take clams. No instrument capable of being used to dig clams may be possessed between one-half hour after sunset and one-half hour before sunrise, on any beach of this state, except tools and implements used in the work of cleaning, repairing or maintaining such beach when possessed by a person authorized by appropriate authority to perform such work. (d) Clams ashore: Clams which have a size limit when being taken must be brought ashore above the high water mark in such a condition that the size can be determined. Such clams not in the shell may not be transported or possessed, except when being prepared for immediate consumption. Clams which have a size limit and are not retained shall be immediately reburied in the area from which dug. 29.25. Gaper Clams (Horse Clams and Horseneck Clams) and Washing-ton Clams. Limit: Ten of each species, except in Humboldt Bay the limit is fifty in combination; however, no more than 25 gaper clams may be taken or possessed. In Elkhorn Slough the limit is twelve in combination. All gaper clams and Washington clams dug, regardless of size or broken condition, must be retained until the bag limit is reached. For purposes of this section, clams commonly termed horse clams or horseneck clams are gaper clams, not geoduck clams regulated pursuant to Section 29.30. 29.30. Geoduck Clams. Limit: Three. The first three geoduck clams dug must be retained as the bag limit regardless of size or broken condition. For purposes of this section, clams commonly termed horse clams or horseneck clams are not geoduck clams. 29.35. Littleneck Clams, Soft-Shell Clams, Chiones, Northern Quahogs, and Cockles. (a) Limit: Fifty in combination. (b) Minimum size: One and one-half inches in greatest diameter, except there is no size limit for soft-shell clams. All soft-shell clams dug, regardless of size or broken condition, must be retained until the bag limit is reached. 29.40. Pismo Clams. (a) Open season: May be taken in Santa Cruz and Monterey counties September 1 through April 30. In all other counties, except in clam preserves and marine life refuges, Pismo clams may be taken at any time of the year. (b) Limit: Ten. (c) Minimum size: Five inches in greatest shell diameter north of the boundary between San Luis Obispo and Monterey counties; four and one-half inches in greatest shell diameter south of the boundary, between San Luis Obispo and Monterey counties. (d) Clam preserves: No clams shall be taken within or offshore from San Luis Obispo County in the following described Pismo clam-bearing beaches which are hereby established as clam preserves, and which are closed for the taking of clams: (1) All that portion of a beach commonly known as Pismo-Ocean Beach lying between the San Luis Obispo-Santa Barbara county line and the mouth of Oso Flaco Creek-approximately 4.6 miles. (2) That portion of Atascadero Beach lying between Morro Rock and Azure Street-approximately 1.5 miles. (3) That portion of Morro Beach between Hazard Canyon and the southern tip of Morro Bay-approximately 1.9 miles. See Section 27.42. 29.45. Razor Clams. (a) Open season: (1) Little River Beach in Humboldt County: Between Mad River and Strawberry Creek open only during even-numbered years; between Strawberry Creek and Moonstone Beach open only during odd-numbered years. (2) In Del Norte County: North of Battery Point open only during odd-numbered years; south of Battery Point open only during even-numbered years. (3) All other areas: Open all year. (b) Limit: Twenty. The first twenty clams dug must be retained as the bag limit regardless of size or broken condition. 29.55. Mussels. Limit: Ten pounds (in the shell) of California sea mussels and bay mussels in combination. 29.60. Rock Scallops. (a) Limit: Ten. (b) Methods of take: Rock scallops may be taken only by hand, by the use of dive knives, or by devices commonly known as abalone irons in compliance with provisions of Section 29.15(e) of these regulations. 29.65. Speckled (Bay) Scallops. May not be taken or possessed. 29.70. Squid. Squid may be taken with hand-held dip nets. There is no limit. 29.71. Moon Snails. (a) Limit: Five. (b) Open season: All year except that moon snails may not be taken north of the Golden Gate Bridge. Crustaceans 29.80. Gear Restrictions. (a) General: Saltwater crustaceans may be taken by hand. Nets, traps or other appliances may not be used except as provided in this section. (b) Baited hoop nets may be used to take spiny lobsters and all species of crabs. Between Point Arguello, Santa Barbara County, and the United States-Mexico border, not more than five baited hoop nets may be fished by a person to take spiny lobster and crab, not to exceed a total of 10 baited hoop nets fished from any vessel. (c) Crab traps shall have at least two rigid circular openings of not less than four and one-quarter inches inside diameter so constructed that the lowest portion of each opening is no lower than five inches from the top of the trap. (d) Crab loop traps may have up to six loops. (e) Crab trap areas: Crab traps, including crab loop traps, may be used north of Point Arguello to take all species of crabs (see regulations for take of Dungeness crabs in traps from commercial passenger fishing vessels in Section 29.85, Title 14, CCR). (f) Shrimp and prawn traps may be used to take shrimp and prawns only. Trap openings may not exceed 1/2 inch in any dimension on traps used south of Point Conception nor five inches in any dimension on traps used north of Point Conception. (g) Diving for crustaceans: In all ocean waters, except as provided in Section 29.05, skin and SCUBA divers may take crustaceans by the use of the hands except divers may not possess any hooked device while diving or attempting to dive. (h) Hand operated appliances: Spades, shovels, hoes, rakes or other appliances operated by hand may be used to take sand crabs and shrimp. (i) Dip nets and Hawaiian type throw nets: Shrimp may be taken with dip nets and Hawaiian type throw nets north of Point Conception. (j) Shrimp trawls: Shrimp beam trawls may be used to take shrimp only in San Francisco Bay waters east of the Golden Gate Bridge, and in San Pablo Bay. The beam trawl frame from which the net is hung may not exceed 24 inches by 18 inches. The trawl may be towed by motorized vessels but may not be retrieved by mechanical devices. Any fish, other than shrimp, caught in the trawl must be returned immediately to the water. 29.85. Crabs. (a) Dungeness crabs (Cancer magister): (1) Closure: Dungeness crab may not be taken or possessed in San Francisco Bay and San Pablo Bay, plus all their tidal bays, sloughs and estuaries between the Golden Gate Bridge and Carquinez Bridge. (2) Open season: (A) Del Norte, Humboldt and Mendocino counties: From the Saturday preceding December 1 or December 1 when it falls on Saturday through July 30. (B) All other counties: From the Saturday preceding the second Tuesday in November through June 30. (3) Limit: Ten, except in Sonoma, Marin, San Francisco, San Mateo, Santa Cruz, and Monterey counties, when fishing aboard a commercial passenger fishing vessel required to be licensed pursuant to Section 7881 and/or Section 7920, Fish and Game Code, the limit is six. (4) Not more than 60 crab traps are authorized to be used to take Dungeness crab from a vessel operating under authority of a Commercial Passenger Fishing Vessel License issued pursuant to Fish and Game Code Section 7920. (5) Traps and trap buoys used by a commercial passenger fishing vessel to take Dungeness crab under authority of this Section and Section 29.80 shall have the commercial boat registration number of that vessel affixed to each trap and buoy. (6) No vessel that takes Dungeness crabs under authority of this section, or Section 29.80, shall be used to take Dungeness crabs for commercial purposes. (7) Minimum size: Five and three-quarter inches measured by the shortest distance through the body from edge of shell to edge of shell directly in front of and excluding the points (lateral spines); except in Sonoma, Marin, San Francisco, San Mateo, Santa Cruz, and Monterey counties, when fishing aboard a commercial passenger fishing vessel required to be licensed pursuant to Section 7881 and/or Section 7920, Fish and Game Code, the minimum size is six inches measured by the shortest distance through the body from edge of shell to edge of shell directly in front of and excluding the points (lateral spines). (b) All crabs of the Cancer genus except Dungeness crabs, but including: yellow crabs, rock crabs, red crabs and slender crabs: (1) Open season: All year. (2) Limit: Thirty-five. (3) Minimum size: Four inches measured by the shortest distance through the body, from edge of shell to edge of shell at the widest part, except there is no minimum size in Fish and Game districts 8 and 9. (Humboldt Bay.) (c) All crabs of the genus Cancer, including Dungeness crabs, yellow crabs, rock crabs, red crabs and slender crabs, may be brought to the surface of the water for measuring, but no undersize crabs may be placed in any type of receiver, kept on the person or retained in any person’s possession or under his direct control; all crabs shall be measured immediately and any undersize crabs shall be released immediately into the water. (d) Sand crabs (Emerita analoga): Limit: Fifty. 29.86. Bay Shrimp (Grass Shrimp). Limit: Five pounds. 29.87. Ghost Shrimp and Blue Mud Shrimp. Limit: Fifty in combination. 29.88. Coonstripe shrimp (Pandalus danae): Twenty pounds (in the shell, heads on) per day. The first 20 pounds taken, regardless of size or condition, shall constitute a daily bag and possession limit. 29.90. Spiny Lobsters. (a) Open season: From the Saturday preceding the first Wednesday in October through the first Wednesday after the 15th of March. (b) Limit: Seven. (c) Minimum size: Three and one-fourth inches measured in a straight line on the mid-line of the back from the rear edge of the eye socket to the rear edge of the body shell. Any lobster may be brought to the surface of the water for the purpose of measuring, but no undersize lobster may be brought aboard any boat, placed in any type of receiver, kept on the person or retained in any person’s possession or under his direct control; all lobsters shall be measured immediately upon being brought to the surface of the water, and any undersize lobster shall be released immediately into the water.
Non-commercial Use of Marine Plants
30.00. Kelp General. (a) Except as provided in this section and in Section 30.10 there is no closed season, closed hours or minimum size limit for any species of marine aquatic plant. The daily bag limit on all marine aquatic plants for which the take is authorized, except as provided in Section 28.60, is 10 pounds wet weight in the aggregate. (b) Marine aquatic plants may not be cut or harvested in marine life refuges, marine reserves, ecological reserves, national parks or state underwater parks. 30.10. Prohibited Species. No eel grass (Zostero) surf grass (Phyllospadix) or sea palm (Postelsia) may be cut or disturbed. Ocean Waters and Restricted Fishing 632. Marine Protected Areas. The areas specified in this section have been declared by the commission to be Marine Protected Areas. Public use of Marine Protected Areas shall be compatible with the primary purposes of such areas, and subject to the following applicable general rules and regulations, except as otherwise provided for in section 632(b), areas and special regulations for use. Nothing in this section expressly or implicitly precludes, restricts or requires modification of current or future uses of the waters identified as Marine Protected Areas or the lands or waters adjacent to these designated areas by the Department of Defense, its allies or agents. (a) General Rules and Regulations: (1) Protection of Resources. (A) State Marine Reserves: In a state marine reserve, it is unlawful to injure, damage, take, or possess any living, geological, or cultural marine resource, except under a permit or specific authorization from the commission for research, restoration, or monitoring purposes. (B) State Marine Conservation Areas: In a state marine conservation area, it is unlawful to injure, damage, take, or possess any living, geological, or cultural marine resource for commercial or recreational purposes, or a combination of commercial and recreational purposes except as specified in section 632(b), areas and special regulations for use. The commission may permit research, education, and recreational activities, and certain commercial and recreational harvest of marine resources, provided that these uses do not compromise protection of the species of interest, natural community, habitat, or geological features. (2) Pelagic Finfish. Pelagic finfish, for the purpose of this section, are defined as: northern anchovy (Engraulis mordax), barracudas (Sphyraena sp.), billfishes* (family Istiophoridae), dolphinfish (Coryphaena hippurus), Pacific herring (Clupea pallasi), jack mackerel (Trachurus symmetricus), Pacific mackerel (Scomber japonicus), salmon (Oncorhynchus spp.), Pacific sardine (Sardinops sagax), blue shark (Prionace glauca), salmon shark (Lamna ditropis), shortfin mako shark (Isurus oxyrinchus), thresher sharks (Alopias spp.), swordfish (Xiphias gladius), tunas (family Scombridae), and yellowtail (Seriola lalandi). *Marlin is not allowed for commercial take. (3) Access. Access into Marine Protected Areas for non-consumptive uses including but not limited to swimming, surfing, diving, boating, hiking and walking is allowed unless otherwise specified in section 632(b), areas and special regulations for use. (4) Ejection. Employees of the department may eject any person from a Marine Protected Area for violation of any of these rules or regulations or for any reason when it appears that the general safety or welfare of the Marine Protected Area, its associated flora and fauna, or persons thereon is endangered. (5) Introduction of Species. Unless authorized by the commission, the release of any fish or wildlife species, including domestic or domesticated species, or the introduction of any plant species, is prohibited. The department may reintroduce endemic species to Marine Protected Areas for management purposes. (6) Feeding of Wildlife. The feeding of wildlife is prohibited. (7) Anchoring. Vessels shall be allowed to anchor in any Marine Protected Area with catch onboard unless otherwise specified in section 632(b), areas and special regulations for use. Fishing gear must be stowed and not in use while anchored in a Marine Protected Area. Anchoring regulations shall be consistent with federal law and allowances made for anchoring required by emergency or severe weather. (8) Transit. Vessels shall be allowed to transit through Marine Protected Areas with catch onboard provided fishing gear is stowed and not in use. Channel Islands Marine Protected Areas: (1) Santa Barbara Island State Marine Reserve. This area is bounded by the mean high tide line, the three nautical mile offshore boundary and the following points: 33° 28.5' N. lat. 119° 01.7' W. long.; 33° 28.5' N. lat. 118° 58.2' W. long.; 33° 24.9' N. lat. 119° 02.2' W. long.; 33° 27.9' N. lat. 119° 02.2' W. long. (2) Anacapa Island State Marine Reserve. This area is bounded by the mean high tide line and the following points: 34° 04' N. lat. 119° 24.6' W. long.; 34° 04' N. lat. 119° 21.4' W. long.; 34° 01.2' N. lat. 119° 21.4' W. long.; 34° 00.4' N. lat. 119° 24.6' W. long. (3) Anacapa Island State Marine Conservation Area. This area is bounded by the mean high tide line and the following points: 34° 04' N. lat. 119° 26.7' W. long.; 34° 04' N. lat. 119° 24.6' W. long.; 34° 00.4' N. lat. 119° 24.6' W. long.; 34° 00.8' N. lat. 119° 26.7' W. long. (A) No take of living or non-living marine resources is allowed except for the recreational take of spiny lobster (Panulirus interruptus) and pelagic finfish (632(a)(2) and the commercial take of spiny lobster. (B) No net or trap may be used in waters less than 20 feet deep off the Anacapa Islands commonly referred to as Anacapa Island. (C) A brown pelican fledgling area is designated from the mean high tide mark seaward to a water depth of 20 fathoms (120 feet) on the north side of West Anacapa Island between a line extending 345 magnetic off Portuguese Rock to a line extending 345 magnetic off the western edge of Frenchy's Cove, a distance of approximately 4,000 feet. No person except department employees or employees of the National Park Service in the performance of their official duties shall enter this area during the period January 1 to October 31. (4) Scorpion (Santa Cruz Island) State Marine Reserve. This area is bounded by the mean high tide line and the following points: 34° 06.2' N. lat. 119° 35.5' W. long.; 34° 06.2' N. lat. 119° 32.8' W. long.; 34° 02.8' N. lat. 119° 32.8' W. long.; 34° 02.9' N. lat. 119° 35.5' W. long. (5) Painted Cave (Santa Cruz Island) State Marine Conservation Area. This area is bounded by the mean high tide line, the one nautical mile offshore boundary, and the following points: 34° 05.2' N. lat. 119° 53' W. long.; 34° 05' N. lat. 119° 51' W. long.; 34° 04' N. lat. 119° 51' W. long.; 34° 04.5' N. lat. 119° 53' W. long. (A) No take of living or non-living marine resources is allowed except for the recreational take of spiny lobster (Panulirus interruptus) and pelagic finfish (632(a)(2). (6) Gull Island (Santa Cruz Island) State Marine Reserve. This area is bounded by the mean high tide line and the following points: 33° 58' N. lat. 119° 53' W. long.; 33° 58' N. lat. 119° 51' W. long.; 33° 57.7' N. lat. 119° 48' W. long.; 33° 55.2' N. lat. 119° 48' W. long.; 33° 55.2' N. lat. 119° 53' W. long. (7) Carrington Point (Santa Rosa Island) State Marine Reserve. This area is bounded by the mean high tide line and the following points: 34° 04' N. lat. 120° 5.2' W. long.; 34° 04' N. lat. 120° 01' W. long.; 34° 00.5' N. lat. 120° 01' W. long.; 34° 00.5' N. lat. 120° 02.8' W. long.; 34° 01.3' N. lat. 120° 05.2' W. long. (8) Skunk Point (Santa Rosa Island) State Marine Reserve. This area is bounded by the mean high tide line and the following points: 33° 59' N. lat. 119° 58.8' W. long.; 33° 59' N. lat. 119° 58' W. long.; 33° 57.1' N. lat. 119° 58' W. long.; 33° 57.1' N. lat. 119° 58.2' W. long. (9) South Point (Santa Rosa Island) State Marine Reserve. This area is bounded by the mean high tide line and the following points: 33° 55' N. lat. 120° 10' W. long.; 33° 53.8' N. lat. 120° 06.5' W. long.; 33° 51.4' N. lat. 120° 10' W. long.; 33° 51.4' N. lat. 120°06.5' W. long. (10) Harris Point (San Miguel Island) State Marine Reserve. This area is bounded by the mean high tide line and the following points: 34° 06' N. lat. 120° 23.3' W. long.; 34° 06' N. lat. 120° 18.4' W. long.; 34° 01.8' N. lat. 120° 18.4' W. long.; 34° 03.1' N. lat. 120° 23.3' W. long. (A) An exemption to the reserve, where commercial and recreational take of living marine resources is allowed, exists between the mean high tide line in Cuyler Harbor and a line between the following points: 34° 03.5' N. lat. 120° 21.3' W. long.; 34° 02.9' N. lat. 120° 20.2' W. long. (B) Boating is permitted at San Miguel Island except west of a line drawn between Judith Rock and Castle Rock where boats are prohibited closer than 300 yards from shore. Boats may be anchored overnight only at Tyler Bight and Cuyler Harbor. Boats traveling within 300 yards of shoreline or anchorages shall operate with a minimum amount of noise and shall not exceed speeds of five miles per hour. Landing is allowed on San Miguel Island by permit only at the designated landing beach in Cuyler Harbor. No person shall have access to all other offshore rocks and islands in the reserve. 1. Notwithstanding the 300-yard boating closure between Judith Rock and Castle Rock, the following shall apply: a. Boats may approach San Miguel Island no nearer than 100 yards from shore during the period(s) from March 15 through April 30, and October 1 through December 15; and b. Boats operated by commercial sea urchin boat operators who have been issued permits by the department to take sea urchins from the Point Bennett area of San Miguel Island may enter any waters of the 300-yard area between Judith Rock and Castle Rock for the purpose of fishing sea urchins during the period(s) March 15 through April 30, and October 1 through December 15. 2. The department may rescind permission for boats to enter waters within 300 yards between Judith Rock and Castle Rock upon finding that impairment to the island marine mammal resource is imminent. Immediately following such closure, the department will request the commission to hear, at its regularly scheduled meeting, presentation of documentation supporting the need for such closure. (11) Richardson Rock (San Miguel Island) State Marine Reserve. This area is bounded by the mean high tide line and the following points: 34° 08.4' N. lat. 120° 34.2' W. long.; 34° 08.4' N. lat. 120° 28.2' W. long.; 34° 03.6' N. lat. 120° 28.2' W. long.; 34° 03.6' N. lat. 120° 34.2' W. long. (12) Judith Rock (San Miguel Island) State Marine Reserve. This area is bounded by the mean high tide line and the following points: 34° 01.8' N. lat. 120° 26.6' W. long.; 34° 01.5' N. lat. 120° 25.3' W. long.; 33° 58.5' N. lat. 120° 25.3' W. long.; 33° 58.5' N. lat. 120° 26.5' W. long. Coastal and Estuarine Marine Protected Areas 27.20. Duxbury Reef State Marine Conservation Area (Marin Co.). In the Duxbury Reef area in Marin County no fish except abalone, Dungeness crabs, rock crabs, rockfish, lingcod, cabezon, surfperch, halibut, flounder, sole, turbot, salmon, kelp greenling, striped bass, monkeyface-eel, wolf-eel, smelt and silversides may be taken between the high tide mark and 1,000 feet beyond the low tide mark at any place on the coastline or any reef or rock situated between the westerly extension of the southerly boundary of the Pt. Reyes National Seashore and the southerly extension of the centerline of Kale Road in Bolinas Beach. All other fish and forms of aquatic life are protected and may not be taken without a written permit from the department issued pursuant to Section 650 of these regulations. 27.25. Gerstle Cove State Marine Conservation Area (Sonoma Co.). No form of marine life may be taken within 600 feet of the high water line in the most northerly portion of Gerstle Cove, Sonoma Co., without a written permit from the department issued pursuant to Section 650 of these regulations. 27.30. Point Reyes Headlands State Marine Conservation Area (Marin Co.). No form of marine life may be taken from the ocean area within 1,000 feet of the high tide mark in the Pt. Reyes Headlands bounded on the west by a line extending due west (true) from Pt. Reyes Lighthouse and on the east by a line extending due east (true) from Chimney Rock, without a written permit from the department issued pursuant to Section 650 of these regulations. 27.35. Estero de Limantour State Marine Reserve (Marin Co.). No form of marine life may be taken below the high water mark in Estero de Limantour without a written permit from the department issued pursuant to Section 650 of these regulations. Estero de Limantour includes all tideland waters to high water mark in an easterly direction from a line drawn due north (true) from the extreme westerly point of Limantour Spit issued pursuant to Section 650 of these regulations. 27.40. Lover's Cove State Marine Conservation Area (Los Angeles Co.). No form of marine life may be taken in those waters adjacent to Catalina Island beginning at the most southeasterly corner of the Cabrillo Wharf (the wharf for oceangoing vessels on the seaward side of the peninsula), then extending a line seaward, perpendicular to the seaward face of the wharf, to a point approximately 100 yards from the mean tide line, then turning in a southeasterly direction and following the alignment of the mean tide line at a distance of 100 yards from the mean tide line continuing through Lover's Cove, around Abalone Point, and continuing to a point approximately 430 feet easterly of Abalone Point, commonly known as "Ring Rock," then returning to shore on a line perpendicular to the Pebble Beach Road. 27.42. Pismo State Marine Conservation Area (San Luis Obispo Co.). No invertebrate may be taken between the high tide mark and 1,000 feet beyond the low tide mark in that portion of a beach commonly known as Pismo-Ocean Beach lying between the Grand Avenue ramp and a point .3 mile north of the Grand Avenue ramp. 27.45. Point Cabrillo State Marine Conservation Area (Mendocino County). No form of marine life may be taken from the ocean area within 1,000 feet of the high tide mark in the vicinity of Point Cabrillo U.S. Coast Guard Lighthouse, bounded by lines extending due west (magnetic) 2,500 feet north and 1,600 south of the lighthouse. 27.50. Point Loma Marine Conservation Area (San Diego Co.). Between a point approximately 300 yards easterly from the Point Loma Light and a point approximately 1/2 mile northwesterly of the light, no plant or invertebrate marine life may be taken between the high tide mark and 150 feet beyond the mean lower low tide mark. 27.51. Robert W. Crown Marine Conservation Area (Alameda Co.). No plant or invertebrate marine life may be taken between the high tide mark and 150 feet beyond the mean seaward face of the wharf, to a point approximately 100 lower low tide mark in that portion of Robert W. Crown Memorial State Beach between the base of the jetty on the northwesterly corner of Crab Cove and a point approximately 2,800 feet southeasterly along the shoreline of Crab Cove opposite the bath house/restroom complex. Hook-and-line fishing is permitted in this area for fin fish only. 630.5 Uses in the following four State Marine Reserves are restricted to authorized scientific research: • King Range (Punta Gorda) State Marine Reserve, Humboldt County Waters 3 fathoms (18 feet) and greater in depth to a maximum of 30 fathoms (180 feet) in depth between a line extending 235 degrees magnetic from the rectangular structure of the Punta Gorda Lighthouse, and a line extending 252 degrees magnetic from a point on the mainland shore three quarters of a mile north of Punta Gorda, said line extending through Christmas Tree Rock. • Big Creek State Marine Reserve, Monterey County Waters 50 fathoms (300 feet) or less in depth between a line extending 252 degrees magnetic from the northern boundary of the Landels-Hill Big Creek Reserve, and a line extending 252 degrees magnetic from the southern boundary of the Landels-Hill Big Creek Reserve. • Vandenberg State Marine Reserve, Santa Barbara County Waters 10 fathoms (60 feet) or less in depth between a line extending 260 degrees magnetic from the mouth of Oil Well Canyon, and a line extending 230 degrees magnetic from Point Pedernales, which does not include Destroyer Rock. • Big Sycamore Canyon State Marine Reserve, Ventura County Waters 5 fathoms (30 feet) and greater in depth to a maximum of 20 fathoms (120 feet) in depth between a line extending 200 degrees magnetic from a point on the mainland shore 1.2 miles northwest of Big Sycamore Canyon, and a line extending 166 degrees from a point on the mainland shore located at the mouth of the unnamed canyon lying 0.8 miles southeast of Big Sycamore Canyon. none. There are numerous other State and Federal Marine Protected Areas along the California coast. Each has special regulations to protect the area. They are listed below by county. Check with local Department offices (listed on page 2) for specific restrictions and regulations. Mendocino County - MacKerricher State Marine Conservation Area, Russian Gulch State Marine Conservation Area, Van Damme State Marine Conservation Area, Manchester State Marine Conservation Area, Arena Rock State Marine Conservation Area Sonoma County - Bodega State Marine Reserve, Cordell Bank National Marine Sanctuary, Del Mar Landing State Marine Park, Gulf of the Farallones National Marine Sanctuary, Salt Point State Marine Conservation Area, Fort Ross State Marine Conservation Area, Sonoma Coast State Marine Conservation Area, Marin County - Cordell Bank National Marine Sanctuary, Corte Madera Marsh State Marine Park, Gulf of the Farallones National Marine Sanctuary, San Pablo Bay Wildlife Area, Tomales Bay State Marine Park, Fagan Marsh State Marine Park, Corte Madera Marsh State Marine Park, Marin Islands State Marine Park Napa County - Fagan Marsh State Marine Park Solano County - Peytonia Slough State Marine Park San Francisco County - Farallon Islands Game Refuge, Gulf of the Farallones National Marine Sanctuary Alameda County - Albany Mudflats State Marine Park San Mateo County - Año Nuevo State Reserve, James V. Fitzgerald State Marine Conservation Area, Redwood Shores State Marine Park, Bair Island State Marine Park Monterey County - Monterey Bay National Marine Sanctuary, California Sea Otter Game Refuge, Carmel Bay State Marine Conservation Area, Elkhorn Slough State Marine Reserve, Hopkins State Marine Reserve, Moss Landing Wildlife Area, Pacific Grove State Marine Conservation Area, Point Lobos State Marine Reserve, Julia Pfeiffer Burns State Marine Conservation Area San Luis Obispo County - Monterey Bay National Marine Sanctuary, Atascadero Beach State Marine Conservation Area California Sea Otter Game Refuge, Morro Rock Ecological Reserve, Morro Beach State Marine Conservation Area, Pismo - Oceano State Marine Conservation Area Santa Barbara County - Channel Islands National Marine Sanctuary, Goleta Slough State Marine Park, Refugio Beach State Marine Conservation Area Ventura County - Channel Islands National Marine Sanctuary Los Angeles County - Abalone Cove State Marine Park, Catalina Marine Science Center State Marine Reserve, Farnsworth Bank State Marine Conservation Area, Point Fermin State Marine Conservation Area Orange County - Bolsa Chica State Marine Park, Dana Point State Marine Conservation Area, Doheny Beach State Marine Conservation Area, Heisler Park State Marine Reserve, Crystal Cove State Marine Conservation Area, Irvine Coast State Marine Conservation Area, Laguna Beach State Marine Conservation Area, Newport Beach State Marine Conservation Area, Niguel State Marine Conservation Area, South Laguna Beach State Marine Conservation Area, Upper Newport Bay State Marine Park San Diego County - City of Encinitas State Marine Conservation Area, Cardiff and San Elijo State Marine Conservation Area, San Diego - La Jolla State Marine Conservation Area, San Diego State Marine Conservation Area, Buena Vista Lagoon State Marine Park, Batiquitos Lagoon State Marine Park, San Dieguito Lagoon State Marine Park, San Elijo Lagoon State Marine Park All Coastal Counties - Offshore Rocks and Pinnacles Ecological Reserve.
PUBLIC HEALTH ADVISORIES ON SPORT FISH CONSUMPTION
Fish are nutritious and good for you to eat. But some fish you catch may take in toxic chemicals from the water they live in and the food they eat. Some of these chemicals build up in the fish—and in you--over time. Although the chemical levels are usually low, it is a good idea to follow a few precautions in consuming fish, particularly if you eat fish often. The purpose of this brochure is to guide you to eat the fish you catch in ways that reduce your exposure to chemicals. The Office of Environmental Health Hazard Assessment (OEHHA) provides specific consumption advice in this booklet for fish taken in areas where high levels of chemicals have been found in fish. However, because contamination levels are unknown for many locations, OEHHA also provides general advice on how to reduce your exposure to chemicals in non-commercial fish, referred to as sport fish, that you, your family, or friends catch. These advisories are not intended to discourage you from eating fish entirely. Fish are nutritious and an excellent source of protein. The advisories should be followed to make your sport fish eating safer. OEHHA can provide more information on the advisories and the health effects of chemical contaminants in the fish. OEHHA also has an illustrated brochure giving general advice. The brochure can be requested in several different languages. To stay current for updates and to request additional information, please check the OEHHA Web site at www.oehha.ca.gov or contact the Pesticide and Environmental Toxicology Section (PETS) of OEHHA in Sacramento (P.O. Box 4010, Sacramento, CA 95812-4010, Phone 916/327-7319 or FAX 916/327-7320) or Oakland (1515 Clay Street, 16 th Floor, Oakland, CA 94612, Phone 510/622-3170 or FAX 510/622-3218). General Advice You can reduce your exposure to chemical contaminants in sport fish by following the recommendations below. Follow as many of them as you can to increase your health protection. This general advice is not meant to take the place of advisories for specific areas, which follow later in this booklet, but should be followed in addition to them. Sport fish in most water bodies in the state have not been evaluated for their safety for human consumption. This is why we strongly recommend following the general advice given below. Fishing Practices Chemical levels can vary from place to place. Your overall exposure to chemicals is likely to be lower if you eat fish from a variety of places rather than from one usual spot that might have high contamination levels. Be aware that OEHHA may issue new advisories or revise existing ones. Consult the Department of Fish and Game regulations booklet or check with OEHHA on a regular basis to see if there are any changes that could affect you. Consumption Guidelines Fish Species: Some fish species have higher chemical levels than others in the same location. If possible, eat smaller amounts of several different types of fish rather than a large amount of one type that may be high in contaminants. Fish Size: Smaller fish of a species will usually have lower chemical levels than larger fish in the same location because some of the chemicals may become more concentrated in larger, older fish. It is advisable to eat smaller fish (of legal size) more often than larger fish. Fish Preparation and Consumption • Eat only the fillet portions. Do not eat the guts and liver because chemicals usually concentrate in those parts. Also, avoid frequent consumption of any reproductive parts such as eggs or roe. • Many chemicals are stored in the fat. To reduce the levels of these chemicals, skin the fish when possible and trim any visible fat. • Use a cooking method such as baking, broiling, grilling, or steaming that allows the juices to drain away from the fish. The juices will contain chemicals in the fat and should be thrown away. Preparing and cooking fish in this way can remove 30 to 50 percent of the chemicals stored in fat. If you make stews or chowders, use fillet parts. • Raw fish may be infested by parasites. Cook fish thoroughly to destroy the parasites. This also helps to reduce the level of many chemical contaminants. Advice For Pregnant Women Young children and fetuses are more sensitive to the toxic effects of methylm-ercury, the form of mercury of health concern in fish. The U.S. Food and Drug Administration (FDA) is responsible for commercial seafood safety. FDA has issued the following advice to pregnant women and women of childbearing age who may become pregnant about the risks of mercury in fish. The FDA advises these women not to eat shark, swordfish, king mackerel, and tilefish. The FDA also advises that it is prudent for nursing mothers and young children not to eat these fish as well. The U.S. Environmental Protection Agency has also issued national advice to protect against consuming mercury in fish. They recommend that women who are pregnant or may become pregnant, nursing mothers, and young children eat no more than one meal per week of non-commercial freshwater fish caught by family and friends. National advice for women and children on mercury in fish is available from the U.S. Environmental Protection Agency at www.epa.gov/ost/fish and the U.S. Food and Drug Administration at www.cfsan.fda.gov/~dms/admehg.html Adjusting Fish Meal Size for Body Weight In the site-specific guidance that follows, OEHHA gives consumption advice in terms of meals for a given period such as a meal a week. Unless otherwise specified, an eight-ounce meal size is the standard amount al-lowed for the “average” adult. The average adult weighs approximately 150 pounds (equivalent to 70 kg). Because you and your family members may weigh more or less than the average adult, you can use the table below as a general guide to adjust serving sizes to body weight. HOW BIG IS A MEAL? If you weigh… your meal size should not exceed… pounds or kilograms ounces or grams 19 9 1 28 39 18 2 57 58 26 3 85 77 35 4 113 96 44 5 142 116 53 6 170 135 61 7 199 154 70 8 227 173 79 9 255 193 88 10 284 212 96 11 312 231 105 12 340 250 113 13 369 270 123 14 397 289 131 15 425 308 140 16 454 Sixteen ounces is equal to one pound SITE-SPECIFIC CONSUMPTION RECOMMENDATIONS The following guidelines apply to the specific advisories that follow: • Eating sport fish in amounts slightly greater than what is recommended should not present a health hazard if only done occasionally, such as eating fish caught during an annual vacation. • Nursing and pregnant women and young children may be more sensitive to the harmful effects of some of the chemicals and should be particularly careful about following the advisories. Because contaminants take a long time to leave the body after they accumulate, women who plan on becoming pregnant should begin following the more restrictive consumption advice a year before becoming preg-nant. In this way, the levels of chemicals stored in the body can go down. • The limits that follow for each species and area assume that no other contaminated fish is being eaten. If you consume several different listed species from the same area, or the same species from several areas, your total consump-tion still should not exceed the recommended amount. One simple approach is to just use the lowest recommended amount as a guideline to consumption. • Just because the area where you like to fish is not included in the specific advisory areas that follow, it does not necessarily mean that it is free from chemical contamination. Sport fish in most parts of the state have not yet been evaluated for their safety for human consumption. Follow the general advice given earlier to protect your health. San Francisco Bay and Delta Region • Because of elevated levels of mercury, PCBs, and other chemicals, the following interim advisory has been issued. A final advisory will be issued when the data have been completely evaluated. • Adults should eat no more than two meals per month of San Francisco Bay sport fish, including sturgeon and striped bass caught in the delta. (One meal for a 150 pound adult is about eight ounces.) • Adults should not eat any striped bass over 35 inches. • Women who are pregnant or may become pregnant, nursing mothers, and children under age six should not eat more than one meal of fish per month. In addition, they should not eat any striped bass over 27 inches or any shark over 24 inches. • This advisory does not apply to salmon, anchovies, herring, and smelt caught in the bay; other sport fish caught in the delta or ocean; or commercial fish. • Richmond Harbor Channel area: In addition to the above advice, no one should eat any croakers, surfperches, bullheads, gobies or shellfish taken within the Richmond Harbor Channel area because of high levels of chemicals detected there. Southern California Locations between Pt Dume and Dana Pt Twenty-four locations in this area of southern California have been tested. No restrictions on consumption due to chemicals are considered necessary for the following locations: Santa Monica Pier, Venice Pier, Venice Beach, Marina del Rey, Redondo Beach, Emma/Eva oil platforms, Huntington Beach, Laguna Beach, Fourteen Mile Bank, Catalina (Twin Harbor), and Dana Point. Because of DDTs and PCBs, however, advisories have been issued for the locations shown in the table that follows. (One meal is about six ounces.) Southern California Locations—Point Dume to Dana Point SITE FISH SPECIES RECOMMENDATION* Point Dume/ Malibu off shore White croaker Do not consume Malibu Pier Queenfish One meal a month Short Bank White croaker One meal every two weeks Redondo Pier Corbina One meal every two weeks Point Vicente White croaker Do not consume Palos Verdes-Northwest White’s Point White croaker Do not consume Sculpin One meal every Rockfishes two weeks+ Kelp bass Los Angeles/ White croaker Do not consume Long Beach Queenfish One meal every Harbors (esp. Black croaker two weeks+ Cabrillo Pier) Surfperches Los Angeles/ White croaker One meal a month + Long Beach Queenfish Breakwater Surfperches (ocean side) Black croaker Belmont Pier Surfperches One meal every two weeks Pier J Horseshoe Kelp Sculpin One meal a month + White croaker Newport Pier Corbina One meal every two weeks * In this table a meal for a 150-pound adult is about six ounces. + Consumption recommendation is for all listed species combined at the particular site. SALMON SPORT FISHING SPECIAL ALERT for California Recreational Fisheries The California coast coho (silver) salmon population has been designated as a threatened species under the federal Endangered Species Act (ESA) found at 16 United States Code, Section 1531, et seq. It is now unlawful to fish for, capture, keep, or possess under any circumstances California coast coho salmon. Violation of the ESA may result in civil or criminal penalties. The National Marine Fisheries Service has listed coho salmon (Oncorhynchus kisutch) in California as a threatened species under the federal ESA. Coho salmon in coastal watersheds (waters that ulti-mately flow into the Pacific Ocean) from the Oregon border to and including the San Lorenzo River, Santa Cruz County are now protected under the ESA. It is unlawful under Federal law to take (includes but is not limited to fishing for, capturing, keeping or possessing) coho salmon from the waters of California with-out an appropriate permit or regulation un-der the ESA. To minimize impacts to coho salmon that are unintentionally hooked, ev-ery effort should be made to release all hooked coho with the least amount of han-dling and harm possible. Coho (silver) salmon, above left, have white gums around the teeth, while the inside of a Chinook (king) salmon’s mouth is all dark. Drawing by Paul B. Johnson.