Section § 5500

Explanation

This law makes it illegal to use explosives in California's fish-bearing waters unless you have a specific permit or there's an emergency need to clear a blockage in the water flow. To get a permit, you must first apply and meet certain conditions. If you're denied a permit, you can appeal the decision. In emergencies, you can use explosives without a permit to clear accidental obstructions in water.

It is unlawful to use explosives in the waters of the state inhabited by fish, except in one of the following circumstances:
(a)CA Fish And Game Code § 5500(a) Pursuant to a permit first obtained by the user from the department, consistent with terms and conditions set by the commission. The department’s decision to grant or deny a permit may be appealed to the commission by any person.
(b)CA Fish And Game Code § 5500(b) In an emergency, to remove an accidental obstruction to the flow of water.

Section § 5501

Explanation

This law allows a department to decide when certain fish are harming birds, mammals, or other fish and take action to reduce their numbers. The commission can set rules for permits to catch these harmful fish.

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

Section § 5503

Explanation

This law makes it illegal to catch fish just to take their eggs, unless it's to create a breeding population for fish farming as regulated by specific rules set by the Fish and Game Commission.

The Commission will also decide who owns and how to distribute the offspring of wild-caught fish, except for those obtained under certain circumstances noted in another section.

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

Section § 5504

Explanation

The California Department of Fish and Wildlife can give permission, through a letter of authorization, to temporarily take and use marine resources or equipment usually banned in marine areas. This is allowed for urgent situations like collecting data, cleanup efforts, removing hazards, or protecting public health and safety.

These letters are only valid for up to 30 days and cannot be extended. They cannot be used to take protected, threatened, or endangered species. These letters are different from official permits and need to include detailed activity information. The department must keep records of these authorizations for at least five years and share them with the public if requested.

The department may issue a letter of authorization to allow the taking of marine living resources or to authorize the take and possession of marine resources and possession of gear or equipment that would otherwise be prohibited in marine waters to support data collection, environmental cleanup, hazard removal, or public health and safety. A letter of authorization shall be valid for no more than 30 days, shall not be extended, and shall be issued only to meet immediate time-sensitive public safety, public health, research, or environmental needs, and shall not authorize the taking of fully protected species listed in Section 3511, 4700, 5050, or 5515, or species listed as threatened or endangered pursuant to Section 2070. A letter of authorization is not a substitute for a permit issued under Section 1002, Section 1022, or any other law and regulation that can otherwise be obtained. A letter of authorization shall identify the issuee and include detailed information about the activity authorized. The department shall maintain records of all letters of authorization for no less than five years from the date of issuance, and shall provide them upon request to the public.

Section § 5505

Explanation

This law allows you to use mollusks, crustaceans, and amphibians as bait or to release them back in the same waters where they were caught.

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

Section § 5507

Explanation

Under this law, it's illegal to have a fish spear or gaff within 300 feet of a lake or stream where spearing is not allowed. However, there are two exceptions to this rule: you can have a gaff if you're using it while fishing, and you can possess a fish spear or gaff at home.

(a)CA Fish And Game Code § 5507(a) It is unlawful for any person to possess a fish spear or gaff within 300 feet of a lake or stream in this state, at a time when spearing is prohibited in that lake or stream.
(b)CA Fish And Game Code § 5507(b) This section does not apply to either of the following:
(1)CA Fish And Game Code § 5507(b)(1) Possession of a gaff carried as an accessory while angling.
(2)CA Fish And Game Code § 5507(b)(2) Possession of a fish spear or gaff in one’s own home.

Section § 5508

Explanation

This law makes it illegal to have fish on a boat or bring them to shore if they can't be measured due to being cut up or cleaned. However, the commission can create rules that set size or weight standards for processed fish that match those for whole fish.

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

Section § 5509

Explanation

This law makes it illegal to have fish on a boat or bring them to shore if their species cannot be identified. There are exceptions, like if other rules in the code or regulations allow it. The commission can set rules allowing fish from legally licensed boats to be brought ashore even if the species isn't clear, but they must follow certain provisions.

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

Section § 5510

Explanation

This law allows the commission to make rules to stop fish that are caught for non-profit reasons from going bad and being wasted. They can also make rules about how to get rid of the leftover parts of these fish.

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

Section § 5511

Explanation

This law states that you cannot engage in any fish breeding or farming activities on a stream above where water is taken for a state fish hatchery unless you have special permission from the department.

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

Section § 5514

Explanation

This law makes it illegal to keep or kill chinook, coho, or kokanee salmon, or any steelhead, if they weren't caught by biting the bait or lure with their mouth in inland waters. If you catch these fish and they're hooked elsewhere, you must release them unharmed.

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

Section § 5515

Explanation

This law states that, generally, fully protected fish species cannot be caught or possessed at any time, and no permits or licenses will be issued for this purpose, except for scientific research aimed at recovering protected species. To engage in such research, the California Department of Fish and Wildlife must first notify interested parties and allow them to comment. The research must not be part of a project's environmental mitigation. Fully protected fish include species such as the Colorado pikeminnow and Owens pupfish. Legally imported fully protected fish can be possessed with the department's permit.

(a)Copy CA Fish And Game Code § 5515(a)
(1)Copy CA Fish And Game Code § 5515(a)(1) Except as provided in this section or Section 2081.4, 2081.6, 2081.7, 2081.10, 2081.11, 2081.15, 2089.7, or 2835, a fully protected fish shall not be taken or possessed at any time. No provision of this code or any other law shall be construed to authorize the issuance of a permit or license to take a fully protected fish, and no permit or license previously issued shall have force or effect for that purpose. However, the department may authorize the taking of a fully protected fish for necessary scientific research, including efforts to recover fully protected, threatened, or endangered species. Before authorizing the take of a fully protected fish, the department shall make an effort to notify all affected and interested parties to solicit information and comments on the proposed authorization. The notification shall be published in the California Regulatory Notice Register and be made available to each person who has notified the department, in writing, of that person’s interest in fully protected species and who has provided an email address, if available, or postal address to the department. Affected and interested parties shall have 30 days after notification is published in the California Regulatory Notice Register to provide relevant information and comments on the proposed authorization.
(2)CA Fish And Game Code § 5515(a)(2) As used in this subdivision, “scientific research” does not include an action taken as part of specified mitigation for a project, as defined in Section 21065 of the Public Resources Code.
(3)CA Fish And Game Code § 5515(a)(3) A legally imported fully protected fish may be possessed under a permit issued by the department.
(b)CA Fish And Game Code § 5515(b) The following are fully protected fish:
(1)CA Fish And Game Code § 5515(b)(1) Colorado pikeminnow (Ptychocheilus lucius).
(2)CA Fish And Game Code § 5515(b)(2) Mohave chub (Gila mohavensis).
(3)CA Fish And Game Code § 5515(b)(3) Lost River sucker (Deltistes luxatus and Catostomus luxatus).
(4)CA Fish And Game Code § 5515(b)(4) Modoc sucker (Catostomus microps).
(5)CA Fish And Game Code § 5515(b)(5) Shortnose sucker (Chasmistes brevirostris).
(6)CA Fish And Game Code § 5515(b)(6) Humpback sucker (Xyrauchen texanus).
(7)CA Fish And Game Code § 5515(b)(7) Owens pupfish (Cyprinodon radiosus).
(8)CA Fish And Game Code § 5515(b)(8) Unarmored threespine stickleback (Gasterosteus aculeatus williamsoni).
(9)CA Fish And Game Code § 5515(b)(9) Rough sculpin (Cottus asperrimus).

Section § 5516

Explanation

This law mandates that if a river, stream, lake, or other body of water is designated for fishing using only artificial flies or lures, signs must be posted at common entry points. These signs should inform anglers about the specific fishing restrictions in place.

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

Section § 5517

Explanation

In California, it's generally illegal to catch white sharks or use any baits, lures, or chum to attract them, unless you have a special permit or there are specific exceptions. You cannot place shark bait, lures, or chum within one nautical mile of the shore, piers, or jetties if a white shark is around. This also includes using such items to view sharks when white sharks are in the area.

'Shark bait, shark lure, or shark chum' refers to anything used to attract sharks by smell, taste, or sight, such as blood or fish, and includes decoys.

(a)CA Fish And Game Code § 5517(a) Except as authorized by a permit issued pursuant to Section 1002, or as provided in subdivision (b) of Section 8599, it is unlawful to do any of the following:
(1)CA Fish And Game Code § 5517(a)(1) Take any white shark (Carcharodon carcharias).
(2)CA Fish And Game Code § 5517(a)(2) Use any shark bait, shark lure, or shark chum to attract any white shark.
(3)CA Fish And Game Code § 5517(a)(3) Place any shark bait, shark lure, or shark chum into the water within one nautical mile of any shoreline, pier, or jetty when a white shark is either visible or known to be present.
(4)CA Fish And Game Code § 5517(a)(4) Place any shark bait, shark lure, or shark chum into the water for the purpose of viewing any shark when a white shark is visible or known to be present.
(b)CA Fish And Game Code § 5517(b) For purposes of this section, “shark bait, shark lure, or shark chum” means any natural or manufactured product or device used to attract sharks by the sense of taste, smell, or sight, including, but not limited to, blood, fish, or other material upon which sharks may feed, and surface or underwater decoys.

Section § 5520

Explanation

This section expresses the California Legislature's intent for the commission to manage abalone in line with a specific recovery and management plan outlined in another section of the law.

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

Section § 5521

Explanation

This law places a ban, or temporary halt, on catching, possessing, or bringing ashore any abalone for both fun or business reasons in certain California ocean waters. This ban applies to areas south of San Francisco Bay, including islands like the Farallon Islands and the Southern California Channel Islands. It is illegal to do any of these activities while the ban is in effect.

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

Section § 5521.5

Explanation

This law makes it illegal to harvest abalone for commercial purposes in specific areas of California. These areas include certain districts like 6, 7, 16, 17, 19A, and parts of Districts 10 and 20.

Additionally, if a person has more than 12 or more than the annual limit of abalone and they are required to have a fishing license, it's assumed they intend to sell them.

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

Section § 5521.6

Explanation

This law allows registered aquaculturists to collect abalone to use for breeding purposes, despite restrictions in other sections. This is aligned with specific guidelines mentioned in another section.

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

Section § 5522

Explanation

This section requires the development of a detailed abalone recovery and management plan. The plan must include scientific information about abalone biology, goals for species recovery, and a strategy for dividing the harvest between commercial and recreational divers if needed. It should also include cost estimates, timelines, and measurable criteria to assess recovery success.

Funding for this plan comes from abalone report card fees. The plan may propose no-fishing zones and define a sustainable catch limit. By January 1, 2008, the plan might allow reopening of fishing areas, contingent on the commission's approval. If commercial fishing resumes, priority goes to those holding permits from 1996-97.

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

Section § 5523

Explanation

This law allows the Director of Fish and Wildlife to close or restrict fishing in state waters if fish are found to have high levels of toxic substances, based on scientific evidence. When a health risk is declared over, these restrictions can be lifted. The law also includes rules for navigating through closed waters and outlines penalties for fishing in closed areas. Special rules apply for delaying the Dungeness crab season opening. Importantly, the normal process for regulatory changes does not apply to these actions.

(a)Copy CA Fish And Game Code § 5523(a)
(1)Copy CA Fish And Game Code § 5523(a)(1) If the Director of Environmental Health Hazard Assessment, in consultation with the State Public Health Officer, determines, based on thorough and adequate scientific evidence, that any species or subspecies of fish is likely to pose a human health risk from high levels of toxic substances, the Director of Fish and Wildlife may order the closure of any waters or otherwise restrict the taking in state waters of that species.
(2)CA Fish And Game Code § 5523(a)(2) After the Director of Fish and Wildlife orders the closure of any waters or restricts the taking of any species of fish pursuant to paragraph (1), the Director of Fish and Wildlife shall notify the commission and request that the commission schedule a public discussion of the closure or restriction at its next scheduled full commission meeting.
(3)CA Fish And Game Code § 5523(a)(3) A fishing vessel may transit closed waters in possession of species where take is otherwise restricted pursuant to paragraph (1) if the vessel adheres to electronic monitoring requirements specified by the department.
(b)Copy CA Fish And Game Code § 5523(b)
(1)Copy CA Fish And Game Code § 5523(b)(1) When the Director of Environmental Health Hazard Assessment, in consultation with the State Public Health Officer, determines that a health risk no longer exists, the Director of Environmental Health Hazard Assessment shall notify the Director of Fish and Wildlife and shall request that any waters closed pursuant to subdivision (a) be reopened for fishing and any restrictions imposed pursuant to subdivision (a) be lifted.
(2)CA Fish And Game Code § 5523(b)(2) Upon receiving the notification and request pursuant to paragraph (1), the Director of Fish and Wildlife shall open any waters closed pursuant to subdivision (a) and lift any restrictions imposed pursuant to subdivision (a) in a manner that promotes a fair and orderly fishery.
(c)CA Fish And Game Code § 5523(c) It is unlawful to take any fish from any closed waters or to otherwise violate any restriction on take imposed pursuant to this section.
(d)CA Fish And Game Code § 5523(d) If there is a delay in the opening of any waters for Dungeness crab season pursuant to this section, the Director of Fish and Wildlife may further delay opening those waters in order to provide 72-hours’ notice before a gear setting period. If, with 72-hours’ notice, the gear setting period would begin on a federal holiday, a state holiday, the day before Thanksgiving Day, December 24, or December 31, the Director of Fish and Wildlife may delay opening those waters for the additional time that is necessary to begin the gear setting period on the next day that is not one of those days.
(e)CA Fish And Game Code § 5523(e) Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code does not apply to actions taken pursuant to this section.