Cal. Code Regs. Tit. 14, § 226.7 - Issuance of Permits and Conditions for Taking Inland or Freshwater Fishes

Pursuant to the provisions of section 8437 of the Fish and Game Code, inland or freshwater fishes listed in this section may not be taken for commercial purposes except in accordance with the following regulations:

(a) This section does not apply to the taking of live freshwater fish for bait purposes (see sections 8460- 8463 of the Fish and Game Code and sections 200-200.31 of title 14).

(b) Licenses and permits required.

(1) Fishes listed in this section may not be taken for commercial purposes except under a revocable, nontransferable permit issued by the department. Applications for the permit shall be made to the regional manager for the region in which the fish are to be taken. An application form will be supplied to each applicant upon request.

(2) Persons taking fishes listed in this section for commercial purposes shall also comply with requirements of the Fish and Game Code relating to commercial fishing licenses, commercial fishing vessel registration, and other applicable commercial laws.

(3) Every person who takes for commercial purposes, assists in taking, possesses or transports the fishes listed in this section while on any boat or vessel, or who uses or operates or assists in using or operating any boat, trap, or other appliance to take fish, must have a valid permit issued to him and must be in possession of said permit while engaged in any such activities.

(c) Permits shall be issued for not longer than one year. Permits may be revoked for a violation of the terms thereof or for a conviction of any violation of any provision of the Fish and Game Code or commission regulations pertaining to activities covered by the permit. In order to protect fishery resources, permits may be revoked or amended without notice. Said revocations or amendments are subject to review by the commission.

(d) The department may withhold a permit for one year following a conviction of a violation of any provision of the Fish and Game Code, or commission regulations relating to activities covered by the permit.

(e) Permits shall only be issued after the application has been signed by the applicant indicating that he has read, understands and agrees to the terms of the permit and these regulations. See subsection 699(b) of these regulations for the fee for this permit.

(f) Only the following fishes are authorized to be taken: Freshwater mollusks, threadfin shad (Dorosoma petenense) and fishes belonging to the lamprey family (Petromyzontidae), smelt family (Osmeridae), sucker family (Catostomidae), carp or minnow family (Cyprinidae) except grass carp (Ctenopharyngodon idella), killifish family (Cyprinodontidae), livebearer family (Poeciliidae), silverside family (Atherinidae), cichlid family (Cichlidae), gray mullet family (Mugilidae), sculpin family (Cottidae), stickleback family (Gasterosteidae), and goby family (Gobiidae). Any grass carp inadvertently taken must be immediately returned unharmed to the water.

(g) All species other than those specified in the permit shall be returned immediately in good condition to the water of origin.

(h) All fish authorized to be taken by the permit must be captured only in those waters and only with those types of gear specified in the permit.

(i) Areas and periods of fishing and the amount taken may be restricted by the department as necessary to protect authorized fishes or other fishes or to reduce interference with angling.

(j) Permittee shall comply with all requirements of the department with respect to construction and deployment of fishing gear.

(k) The permittee shall provide the department with a schedule of fishing operations as required by the department.

(l) The department may require that an employee of the department be present to inspect fishing operations. All costs of such inspection shall be borne by the permittee.

(m) The department may require that the permittee submit reports at the end of each month showing the total number and/or weight of each species taken from each water specified in the permit, the number and/or approximate total weight of each species returned to the water, and such other data as the department may request.

Notes

Cal. Code Regs. Tit. 14, § 226.7

1. Amendment filed 4-11-78; effective thirtieth day thereafter (Register 78, No. 15). For prior history, see Register 71, No. 15.
2. Repealer and new section filed 10-5-81; effective thirtieth day thereafter (Register 81, No. 41).
3. Amendment of subsection (f) filed 10-14-88; operative 11-13-88 (Register 88, No. 45).
4. Amendment of subsection (e) and nonsubstantive amendment of NOTE filed 4-18-91; operative 5-18-91 Register 91, No. 21).
5. Amendment of subsection (f) and NOTE filed 5-5-97; operative 6-4-97 (Register 97, No. 19).

Note: Authority cited: Sections 2120, 5510, 8437, 8462 and 8475, Fish and Game Code. Reference: Sections 2120, 5501, 5510, 8437, 8462 and 8475, Fish and Game Code.

1. Amendment filed 4-11-78; effective thirtieth day thereafter (Register 78, No. 15). For prior history, see Register 71, No. 15.
2. Repealer and new section filed 10-5-81; effective thirtieth day thereafter (Register 81, No. 41).
3. Amendment of subsection (f) filed 10-14-88; operative 11-13-88 (Register 88, No. 45).
4. Amendment of subsection (e) and nonsubstantive amendment of NOTE filed 4-18-91; operative 5-18-91 Register 91, No. 21).
5. Amendment of subsection (f) and Note filed 5-5-97; operative 6-4-97 (Register 97, No. 19).