2013-2014 Freshwater Sport Fishing Regulations

Effective March 1, 2013

General Provisions and Definitions (CCR, T14, Chapter 1)

All laws or regulations here under 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.

1.08. Artificial Fly.

Any fly constructed by the method known as fly tying.

1.11. Artificial Lure.

An artificial lure is a man-made lure or fly designed to attract fish. This definition does not include scented or flavored artificial baits.

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, 7.50(a), 27.60(c), and 195, Title 14, CCR.

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.

1.20. Black Bass.

Includes largemouth, small mouth, redeye and spotted bass.

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).

1.24. Bullfrog.

Includes only Rana catesbeiana.

1.26. Bullhead.

Includes brown, black and yellow bullhead.

1.29. Catfish.

Includes channel, white, blue and flathead catfish.

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.

1.41. 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.

1.44. Dividing Line Between Lake and Stream.

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

1.45. FILLETING OF SALMONIDS IN INLAND WATERS.

Except as otherwise required, all salmon and steelhead taken in inland waters where a sport fishing license is required, must be kept in such a condition that species and size can be determined until placed at the anglers permanent residence, a commercial preservation facility or being prepared for immediate consumption. Also when required, the presence or absence of a healed adipose fin scar must be able to be determined until placed at the anglers permanent residence, a commercial preservation facility, or being prepared for immediate consumption. Personal residence means one's principal or ordinary home or dwelling place, as distinguished from one's temporary or transient place of residence or dwelling such as a cabin, tent, trailer house, recreational vehicle, or any hotel, motel or rooming house used during a fishing, pleasure or business trip.

1.46. Finfish Defined.

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

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.

1.54. Inland Sport Fishing Districts.

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

1.56. Lake.

Includes natural lakes or man-made reservoirs.

1.59. Limit.

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

1.60. Lure.

A manufactured article or object equipped with one or more hooks designed to attract or catch fish.

1.61. Non-buoyant lure.

Any lure that sinks in freshwater.

1.62. Minimum and Maximum Size.

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

1.63. Movement of Live Fish.

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

1.65. Multiple Hook.

A hook with two or more points.

1.67. Native Reptiles and Amphibians.

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

1.68. Open Season.

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

1.70. 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.

1.71. Sacramento-San Joaquin River Delta.

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

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. Sport Fishing Report Card and Tagging Requirements.

• (a) Purpose.
  These regulations address potential concern for overfishing and a lack of recreational fishing effort and catch information in some or all areas where the fishery operates. Many of these species are of high commercial value, and therefore, additional enforcement mechanisms are needed to improve compliance with existing bag limits and other regulations, and to reduce the potential for poaching.
• (b) Species and Location Requirements.
  Individuals fishing for or taking the following species are subject to report card requirements in the following locations described below:
  • (1) Salmon, in the Klamath-Trinity River System and Smith River only. The Klamath-Trinity River System and Smith River are defined as the anadromous waters of the Klamath, Trinity, and Smith river basins. Anadromous waters are defined in Section 1.04.
  • (2) Steelhead trout, in all anadromous waters where take is authorized.
  • (3) White sturgeon, in all areas where take is authorized. Tagging of retained individual sturgeon is also required.
  • (4) Red abalone, in all areas where take is authorized. Tagging of retained individual abalone is also required
  • (5) California spiny lobster, in all areas where take is authorized.
• (c) General Report Card Requirements.
  • (1) Any person fishing for or taking any of the species identified in this Section shall have in their possession a non-transferable report card issued by the department for the particular species. See special exemption regarding possession of report cards for lobster divers in Section 29.91.
  • (2) Notwithstanding other statutes and regulations that may exempt sport fishing license requirements, non-transferable report cards are required for any person fishing for or taking the species identified above. All cardholders shall adhere to all reporting and tagging requirements defined in this Section and Sections 5.79, 5.87, 5.88, 27.92, 29.16, and 29.91 regardless of whether a sport fishing license requirement applies. This provision applies to all of the following persons:
    • (A) Any person who is under 16 years of age
    • (B) Any person who is fishing from a public pier
    • (C) Any person who is fishing on free fishing day
    • (D) Any person who holds a lifetime fishing license
  • (3) Persons described in subsections 1.74(c)(2) may purchase report cards without purchasing a license.
  • (4) All entries made on any report card or tag must be legible and in indelible ink.
  • (5) Entries Required at the Time of Report Card Issuance. At the time of issuance of the report card, the cardholder is responsible for entry of the following information, unless both the report card and the sport fishing license are issued through the Automated License Data System:
    • (A) The date the report card is issued, the individual’s name, street address, city, state, zip code, home phone, and date of birth shall be entered in the appropriate spaces on the report card. If the cardholder has a driver’s license, or DMV identification number, this information shall also be entered in the appropriate spaces. If the cardholder has an e-mail address, it may be entered in the space provided.
    • (B) Acquisition of Sturgeon Fishing Report Cards and Abalone Report Cards - If the cardholder is required to have a sport fishing license, the report card number shall be entered in the designated space provided on the back of the individual’s sport fishing license, and the sport fishing license number shall be entered on the report card in the appropriate space.
    • (C) Acquisition of North Coast Salmon Report Cards, Steelhead Report and Restoration Cards and Spiny Lobster Report Cards - If the cardholder is required to have a sport fishing license, both the name of the report card and the number shall be entered in the blank area on the back of the individual’s sport fishing license, and the sport fishing license number shall be entered on the report card in the appropriate space.
    • (D) If the cardholder wishes to purchase another fishing license after their one, two, or ten-day sport fishing license has expired the cardholder need not purchase a second report card for any species, so long as the cardholder still possesses the report card valid for the calendar year. At the time of purchase of the subsequent license, the additional sport fishing license number shall be entered in the appropriate space on the report card. If there is a space provided for the particular card on the sport fishing license, the number shall be entered in the appropriate space at the time of purchase. If there is no space provided for the card, both the name of the report card and the number shall be entered on the back of the individual’s sport fishing license.
  • (6) A report card shall be valid only during the open fishing season for the calendar year shown on the report card.
  • (7) Cardholders shall return their card by January 31 of the following year to the department at the address specified on the card.
  • (8) Any person who fails to return his or her report card to the Department by the deadline may be restricted from obtaining the same card in a subsequent license year or may be subject to an additional fee for the issuance of the same card in a subsequent license year.
  • (9) For abalone and sturgeon report cards, only one report card may be issued per person per license year.
  • (10) Report cards may not be transferred to another person and no person may possess any report card other than their own.
• (d) Replacement Procedures for Lost Abalone or Sturgeon Report Cards.
  For species for which an individual may purchase only one report card per year (i.e., abalone and sturgeon), if the cardholder loses the card, a replacement card shall be acquired only by following the procedures below:
  • (1) The individual shall provide all of the following to a department license sales office:
    • (A) A photocopy of the original report card issued in the cardholder’s name, unless the report card was issued through the Automated License Data System.
    • (B) An affidavit, signed under penalty of perjury, containing the following information:
      • 1.A statement confirming that the originally issued report card cannot be recovered.
      • 2. A statement of the cardholder’s best recollection of the prior catch records that were entered on the report card that was lost, including the number of tags utilized.
      • 3. A statement describing the factual circumstances surrounding the loss of the card.
    • (C) Proof of purchase of the original report card, in the form of an itemized receipt, credit card billing statement, invoice, or other written business record expressly documenting that a report card for the particular species was purchased and the corresponding fee was paid. The cardholder is exempt from this requirement if the report card was issued through the Automated License Data System.
    • (D) Payment of the Replacement Card Fee specified in Section 701 Title 14, CCR, established pursuant to subdivision 1053(b) of the Fish and Game Code, and as adjusted pursuant to Sections 713 and 1055 of the Fish and Game Code.
    • (E) Payment of the Replacement Processing Fee specified in Section 701 Title 14, CCR, established pursuant to subdivision 1050(e) of the Fish and Game Code.
  • (2) Based on the information provided in the written affidavit, the department shall issue only the number of tags that were reported unused on the previously issued report card.
  • (3) At the time the replacement card is acquired, if the cardholder is required to have a sport fishing license, the number of the replacement card shall be entered in the appropriate space on the sport fishing license and the fishing license number shall be entered in the space provided on the report card.
  • (4) All regulations applicable to the initial card also apply to additional cards issued pursuant to this subsection.
• (e) Replacement Procedures for Salmon, Steelhead, or Lobster Report Cards.
  • (1) Any cardholder who fills in all available lines on his or her steelhead, salmon or lobster report card shall return the card to the department at the address specified on the card prior to purchasing a second card.
  • (2) Any cardholder who loses his or her steelhead, salmon or lobster report card may purchase a second card, but at or before the time of purchase shall provide a written affidavit to the department at the address on the report card documenting the lost catch and effort data required by the card to the best of the cardholder’s recollection.
  • (3) At the time the additional card is acquired, if the cardholder is required to have a sport fishing license, both the name of the report card and the number shall be entered on the back of the individual’s sport fishing license, and the fishing license number shall be entered in the space provided on the report card.
  • (4) All regulations applicable to the initial card also apply to additional cards issued pursuant to this subsection.
• (f) Specific Report Card and Tagging Requirements.
  Data recording and tagging procedures vary between report cards and species. See specific regulations in Sections 5.79, 5.87, 5.88, 27.92, 29.16, and 29.91 that apply in addition to the regulations of this Section.

1.75. Salmon Spawning Areas.

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

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.

1.77. Sunfish.

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

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.

1.86. Trout.

Includes all trouts, chars, steelhead, kokanee salmon and grayling.

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.

1.93. Weight.

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