Statutes, codes, and regulations
California Code Of Regulations
Title 14 - Natural ResourcesDivision 1 - Fish and Game Commission-Department of Fish and GameSubdivision 1 - Fish, Amphibians and Reptiles
Chapter 6 - Fish, Commercial
Section 123 - Tidal Invertebrates

Cal. Code Regs. tit. 14 § 123

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Current through Register 2024 Notice Reg. No. 42, October 18, 2024
Section 123 - Tidal Invertebrates

Marine invertebrates shall not be taken for commercial purposes in any tide pool or tidal area, including tide flats or other areas between the high tide mark and 1,000 feet beyond the low tide mark of any natural or constructed shoreline, except as otherwise provided in this section. Revocable Tidal Invertebrate Permits may be issued by the department in accordance with the following regulations:

(a) Qualifications of Permittee.

The applicant must be a licensed commercial fisherman. If a vessel is used in taking or transporting tidal invertebrates for commercial purposes, the vessel must be currently registered and all fishermen on the vessel must possess a valid Tidal Invertebrate Permit.

(b) Application and fees.

The applicant for a permit shall submit the fees and the completed application, as specified in Section 705, to the address listed on the application.

(c) Permit Exemption.

Commercial fishermen taking only lobster, sea cucumber, squid, crab or sea urchin need not possess the permit as required in this section but are subject to the provisions of this section and must have the appropriate permits to take such species as required by Fish and Game Code sections 8254, 8405, 8421, 9001 and 9054, and regulations adopted pursuant thereto.

(d) Provisions of this section do not apply to commercial fishermen taking freshwater clams or crayfish in inland waters.
(e) Permit Conditions.
(1) Under the terms of a Tidal Invertebrate Permit issued pursuant to this section only the following invertebrates may be take for commercial purposes: barnacles, chiones, clams, cockles, sand crabs, limpets, mussels, sand dollars, octopuses, shrimp, sea hares, starfish, worms and native oysters subject to the following restrictions:
(A) Marine worms shall not be taken in any mussel bed, nor shall any person pick up, remove, detach from the substrate any other organisms, or breakup, remove, alter or destroy any rock or other substrate or surfaces to which organisms are attached to obtain marine worms.
(B) Clams may only be taken in accordance with restrictions listed pursuant to Fish and Game Code sections 8340- 8343, and 8346.
(2) Marine invertebrates may not be taken for commercial purposes in state marine reserves or state marine parks. Commercial take of marine invertebrates may be limited in state marine conservation areas pursuant to specific regulations in subsection 632(b).

Cal. Code Regs. Tit. 14, § 123

1. Amendment of subsection (f)(2) filed 12-15-77; effective thirtieth day thereafter (Register 77, No. 51). For prior history, see Register 77, No. 4.
2. Amendment of subsection (f)(1) filed 10-11-78; effective thirtieth day thereafter (Register 78, No. 41).
3. Amendment of subsections (f)(1) and (2) filed 3-14-80; effective thirtieth day thereafter (Register 80, No. 11).
4. Amendment filed 1-15-81; effective thirtieth day thereafter (Register 81, No. 3).
5. Editorial correction of subsection (d) (Register 81, No. 9).
6. Amendment of subsection (f)(1) filed 4-26-84; effective thirtieth day thereafter (Register 84, No. 17).
7. Amendment of subsection (f)(1) filed 10-11-85; effective thirtieth day thereafter (Register 85, No. 41).
8. Amendment of subsection (f)(2)(A) filed 12-21-90; operative 1-20-91 (Register 91, No. 4).
9. Amendment of subsection (c) filed 4-18-91; operative 5-18-91 (Register 91, No. 21).
10. Amendment of subsection (d) and NOTE filed 7-7-92; operative 8-6-92 (Register 92, No. 28).
11. Amendment filed 3-8-2005; operative 4-7-2005 (Register 2005, No. 10).
12. Repealer and new subsection (b), repealer of subsection (c), subsection relettering and amendment of NOTE filed 10-5-2010; operative 11-4-2010 (Register 2010, No. 41).

Note: Authority cited: Sections 713, 1050, 7857 and 8500, Fish and Game Code. Reference: Sections 713, 1050, 7857, 8254, 8305.5, 8306.8, 8396, 8500, 9001 and 9054, Fish and Game Code.

1. Amendment of subsection (f)(2) filed 12-15-77; effective thirtieth day thereafter (Register 77, No. 51). For prior history, see Register 77, No. 4.
2. Amendment of subsection (f)(1) filed 10-11-78; effective thirtieth day thereafter (Register 78, No. 41).
3. Amendment of subsections (f)(1) and (2) filed 3-14-80; effective thirtieth day thereafter (Register 80, No. 11).
4. Amendment filed 1-15-81; effective thirtieth day thereafter (Register 81, No. 3).
5. Editorial correction of subsection (d) (Register 81, No. 9).
6. Amendment of subsection (f)(1) filed 4-26-84; effective thirtieth day thereafter (Register 84, No. 17).
7. Amendment of subsection (f)(1) filed 10-11-85; effective thirtieth day thereafter (Register 85, No. 41).
8. Amendment of subsection (f)(2)(A) filed 12-21-90; operative 1-20-91 (Register 91, No. 4).
9. Amendment of subsection (c) filed 4-18-91; operative 5-18-91 (Register 91, No. 21).
10. Amendment of subsection (d) and Note filed 7-7-92; operative 8-6-92 (Register 92, No. 28).
11. Amendment filed 3-8-2005; operative 4-7-2005 (Register 2005, No. 10).
12. Repealer and new subsection (b), repealer of subsection (c), subsection relettering and amendment of Note filed 10-5-2010; operative 11-4-2010 (Register 2010, No. 41).