Fish in California

Section 5500 makes it unlawful to use explosives in the waters of the state inhabited by fish, except in one of the two specified circumstances.

Section 5501 authorizes the department to 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 makes it 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 pursuant to regulations promulgated by the Fish and Game Commission.

Section 5504 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 is valid for no more than 30 days, not be extended, and be issued only to meet immediate time-sensitive public safety, public health, research, or environmental needs, and not authorize the taking of fully protected species listed.

Section 5505 states that mollusks, crustaceans, and amphibia may be used for bait or released in the same waters wherein taken.

Section 5507 makes it 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. This section does not apply in two specified circumstances.

Section 5508 makes it 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.

Section 5509 makes it 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.

Section 5510 allows 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 makes it 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 makes it 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. Any chinook, coho, or kokanee salmon or any steelhead hooked other than in its mouth in inland waters must be released unharmed.

Section 5515 prohibits a fully protected fish from being taken or possessed at any time. No provision of this code or any other law is to be construed to authorize the issuance of a permit or license to take a fully protected fish, and no permit or license previously issued has 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 is required to make an effort to notify all affected and interested parties to solicit information and comments on the proposed authorization. The term “scientific research” is defined. A legally imported fully protected fish may be possessed under a permit issued by the department. Nine specified fish are deemed to be fully protected fish.

Section 5516 states that 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 are to 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 makes it unlawful to do any of four specified areas. Section 5520 contains a statement of legislative intent.

Section 5521 provides that 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. 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 makes it unlawful to take abalone for commercial purposes in District 10 north of Point Lobos, or in District 20 between Southeast Rock and the extreme westerly end of Santa Catalina Island.

Section 5521.6 allows a registered aquaculturist to collect abalone for broodstock.

Section 5523 states that, 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.