Cal. Code Regs. tit. 14 § 182

Current through Register 2024 Notice Reg. No. 42, October 18, 2024

Section 182 - Commercial Salmon Fishing

(a) General Provisions. No person shall engage in commercial salmon fishing except as provided by the Fish and Game Code and regulations provided herein. Applicable regulations adopted by the U.S. Secretary of Commerce pursuant to the Magnuson Fishery Conservation and Management Act and published in Title 50, Code of Federal Regulations (CFR), Parts 600 and 660 are hereby incorporated and made a part of these regulations. Federal regulations shall be made available upon request from the Department of Fish and Game, Marine Region, 1416 Ninth Street, BOX 944209, Sacramento, CA 94244-2090, phone number 916-651-7670.

(b) Reporting Requirements

(1) Any person required to complete a landing receipt pursuant to FGC Section 8043 for the landing of salmon shall on the same landing receipt accurately record the total number of salmon landed in the "Note Pad" field of the landing receipt (F&G 625-D rev. 10/00), which may be found in Appendix A of these regulations.

(2) Any person who lands salmon shall keep a copy of all landing receipts documenting salmon landings on board the fishing vessel that caught the salmon until 15 days after the last salmon season closure for the calendar year.

(3) Salmon taken from waters off California (between 42 degrees N. lat and the U.S.-Mexico border) must be landed into California and may not be landed into any other jurisdiction.

(c) General Definitions. For purposes of these regulations, the following definitions shall apply:

(1) Closures. Taking or taking and retaining any species of salmon is prohibited. Legally caught salmon may be landed on closed areas if they meet the minimum size limit or other special requirements for the area in which they were caught and are not otherwise prohibited by these regulations.

(2) Transit Through Closed Areas. Vessels with an ocean salmon permit from any state with salmon on board shall not have fishing gear in the water while transiting any area closed to commercial salmon fishing.

(3) Size Limits and Length Measurement. All salmon on board must meet the minimum size or other special requirements for the area being fished and the area in which they are landed if that area is open. Total length is measured from the tip of the snout to the extreme tip of the tail without resorting to any force other than swinging or fanning the tail.

(4) Gear Definitions. Troll fishing gear is defined as no more than six lines that drag hooks with bait or lures behind a moving fishing vessel. Salmon may be taken only by hook and line using barbless hooks. Barbless circle hooks are required when fishing with bait by any means other than trolling.

(5) Barbless Hook Definition. A hook with a single shank and point, with no secondary point or barb curving or projecting in any other direction. Hooks manufactured with barbs can be made "barbless" by removing or completely closing the barb.

(6) Circle Hook Definition. A hook with a generally circular shape, and a point which turns inwards, pointing directly to the shank at a 90 degree angle.

(7) Trolling Definition. Angling from a boat or floating device that is making way by means of a source of power, other than drifting by means of the prevailing water current or weather conditions.

(8) Freezer Trolling Vessel. Frozen salmon may be possessed in a dressed, head-off condition, subject to the following minimum size limit: king salmon, 19-1/2" in dressed, head-off length when salmon no less than 26 inches total length may be possessed; king salmon, 20-1/4" in dressed, head-off length when salmon no less than 27 inches total length may be possessed. Dressed, head-off length is the distance measured along the lateral line between the mid-point of the clavicle and the fork of the tail.

(9) Federal Designated Routine Management Measures. Routine Management Measures, identified as catch restrictions intended to keep landings within the harvest levels announced by the Secretary of Commerce and noticed in the Federal Register by the National Marine Fisheries Service, are hereby incorporated and made a part of these regulations. Should any federal management measures conflict with existing statutes, including Fish and Game Code Sections 8210.2 and 8215, the provisions in the statutes which conflict with the federal management measures are made inoperative.

Cal. Code Regs. Tit. 14, § 182

1. New section filed 4-30-91 as an emergency; operative 5-1-91 (Register 91, No. 24). A Certificate of Compliance must be transmitted to OAL by 8-29-91 or emergency language will be repealed by operation of law on the following day.
2. Change without regulatory effect amending subsection (f) filed 6-20-91 pursuant to section 100, title 1, California Code of Regulations (Register 91, No. 39).
3. Certificate of Compliance as to 4-30-91 order transmitted to OAL 8-21-91 and filed 8-29-91 (Register 92, No. 3).
4. Repealer and new section filed 4-30-92 as an emergency; operative 5-1-92 (Register 92, No. 19). A Certificate of Compliance must be transmitted to OAL 8-31-92 or emergency language will be repealed by operation of law on the following day.
5. Certificate of Compliance as to 4-30-92 order including amendment of subsections (e), (f) and (h), adoption of new subsection (g) and subsection relettering transmitted to OAL 7-23-92 and filed 7-31-92 (Register 92, No. 31).
6. Repealer and new section filed 4-29-93 as an emergency; operative 5-1-93 (Register 93, No. 18). A Certificate of Compliance must be transmitted to OAL 8-30-93 or emergency language will be repealed by operation of law on the following day.
7. Repealer of subsection (g) and amendment of subsections (a), (e) and (f) filed 5-25-93 as an emergency; operative 6-1-93 (Register 93, No. 22). A Certificate of Compliance must be transmitted to OAL 9-29-93 or emergency language will be repealed by operation of law on the following day.
8. New subsections (g)-(g)(3) filed 9-3-93 as an emergency; operative 9-6-93 (Register 93, No. 36). A Certificate of Compliance must be transmitted to OAL by 1-4-94 or emergency language will be repealed by operation of law on the following day.
9. Repealed by operation of Government Code section 11346.1(g) (Register 94, No. 16).
10. New section refiled 4-19-94 as an emergency; operative 5-1-94 (Register 94, No. 16). A Certificate of Compliance must be transmitted to OAL by 8-29-94 or emergency language will be repealed by operation of law on the following day.
11. Certificate of Compliance transmitted to OAL 8-24-94 and filed 9-7-94 (Register 94, No. 36).
12. Editorial correction of HISTORY 10 (Register 94, No. 36).
13. Repealer and new section filed 4-27-95 as an emergency; operative 5-1-95 (Register 95, No. 17). A Certificate of Compliance must be transmitted to OAL by 8-25-95 or emergency language will be repealed by operation of law on the following day.
14. Certificate of Compliance as to 4-27-95 order transmitted to OAL 8-28-95 and filed 8-30-95 (Register 95, No. 35).
15. Expired by its own terms on 4-30-96 (Register 96, No. 18).
16. New section filed 5-1-96 as an emergency pursuant to Fish and Game Code section 7652; operative 5-1-96 (Register 96, No. 18). A Certificate of Compliance must be transmitted to OAL by 8-29-96 or emergency language will be repealed by operation of law on the following day.
17. Editorial correction of subsections (b) and (e) (Register 96, No. 35).
18. Certificate of Compliance as to 5-1-96 order transmitted to OAL 8-26-96 and filed 8-28-96 (Register 96, No. 35).
19. Expired by its own terms on 4-30-97 (Register 97, No. 18).
20. New section filed 5-2-97; operative 5-2-97. Submitted to OAL for printing only pursuant to Fish and Game Code section 7652 (Register 97, No. 18).
21. Editorial correction amending HISTORY 16 and HISTORY 19 and adding HISTORY 20 (Register 98, No. 21).
22. Expired by its own terms on 4-30-98 (Register 98, No. 21).
23. New section filed 5-18-98; operative 5-18-98. Submitted to OAL for printing only pursuant to Fish and Game Code section 7652 (Register 98, No. 21).
24. Expired by its own terms on 4-30-99 (Register 99, No. 25).
25. New section filed 6-14-99; operative 6-14-99. Submitted to OAL for printing only pursuant to Fish and Game Code section 7652 (Register 99, No. 25).
26. Expired by its own terms on 4-30-2000 (Register 2000, No. 24).
27. New section filed 6-13-2000; operative 6-13-2000. Submitted to OAL for printing only pursuant to Fish and Game Code section 7652 (Register 2000, No. 24).
28. Repealer and new section filed 5-9-2001; operative 5-9-2001. Submitted to OAL for printing only pursuant to Fish and Game Code section 7652 (Register 2001, No. 19).
29. Amendment of subsection (a), new sections (b)-(b)(2), subsection relettering and amendment of NOTE filed 5-17-2006; operative 5-17-2006. Submitted to OAL for printing only (Register 2006, No. 20).
30. New subsection (b)(3) filed 2-1-2023; operative 2-1-2023. Exempt from the APA pursuant to Fish and Game Code section 7652 and submitted to OAL for filing and printing only pursuant to Government Code section 11343.8 (Register 2023, No. 5).

Note: Authority cited: Sections 7652 and 8043, Fish and Game Code. Reference: Sections 1700, 7600, 7650, 7652, 7652.1, 7652.2, 7652.3, 8046, 8210.2 and 8215, Fish and Game Code; and Title 50, Code of Federal Regulations, Part 660.

1. New section filed 4-30-91 as an emergency; operative 5-1-91 (Register 91, No. 24). A Certificate of Compliance must be transmitted to OAL by 8-29-91 or emergency language will be repealed by operation of law on the following day.
2. Change without regulatory effect amending subsection (f) filed 6-20-91 pursuant to section 100, title 1, California Code of Regulations (Register 91, No. 39).
3. Certificate of Compliance as to 4-30-91 order transmitted to OAL 8-21-91 and filed 8-29-91 (Register 92, No. 3).
4. Repealer and new section filed 4-30-92 as an emergency; operative 5-1-92 (Register 92, No. 19). A Certificate of Compliance must be transmitted to OAL 8-31-92 or emergency language will be repealed by operation of law on the following day.
5. Certificate of Compliance as to 4-30-92 order including amendment of subsections (e), (f) and (h), adoption of new subsection (g) and subsection relettering transmitted to OAL 7-23-92 and filed 7-31-92 (Register 92, No. 31).
6. Repealer and new section filed 4-29-93 as an emergency; operative 5-1-93 (Register 93, No. 18). A Certificate of Compliance must be transmitted to OAL 8-30-93 or emergency language will be repealed by operation of law on the following day.
7. Repealer of subsection (g) and amendment of subsections (a), (e) and (f) filed 5-25-93 as an emergency; operative 6-1-93 (Register 93, No. 22). A Certificate of Compliance must be transmitted to OAL 9-29-93 or emergency language will be repealed by operation of law on the following day.
8. New subsections (g)-(g)(3) filed 9-3-93 as an emergency; operative 9-6-93 (Register 93, No. 36). A Certificate of Compliance must be transmitted to OAL by 1-4-94 or emergency language will be repealed by operation of law on the following day.
9. Repealed by operation of Government Code section 11346.1(g) (Register 94, No. 16).
10. New section refiled 4-19-94 as an emergency; operative 5-1-94 (Register 94, No. 16). A Certificate of Compliance must be transmitted to OAL by 8-29-94 or emergency language will be repealed by operation of law on the following day.
11. Certificate of Compliance transmitted to OAL 8-24-94 and filed 9-7-94 (Register 94, No. 36).
12. Editorial correction of History10 (Register 94, No. 36).
13. Repealer and new section filed 4-27-95 as an emergency; operative 5-1-95 (Register 95, No. 17). A Certificate of Compliance must be transmitted to OAL by 8-25-95 or emergency language will be repealed by operation of law on the following day.
14. Certificate of Compliance as to 4-27-95 order transmitted to OAL 8-28-95 and filed 8-30-95 (Register 95, No. 35).
15. Expired by its own terms on 4-30-96 (Register 96, No. 18).
16. New section filed 5-1-96 as an emergency pursuant to Fish and Game Code section 7652; operative 5-1-96 (Register 96, No. 18). A Certificate of Compliance must be transmitted to OAL by 8-29-96 or emergency language will be repealed by operation of law on the following day.
17. Editorial correction of subsections (b) and (e) (Register 96, No. 35).
18. Certificate of Compliance as to 5-1-96 order transmitted to OAL 8-26-96 and filed 8-28-96 (Register 96, No. 35).
19. Expired by its own terms on 4-30-97 (Register 97, No. 18).
20. New section filed 5-2-97; operative 5-2-97. Submitted to OAL for printing only pursuant to Fish and Game Code section 7652 (Register 97, No. 18).
21. Editorial correction amending History16 and History19 and adding History20 (Register 98, No. 21).
22. Expired by its own terms on 4-30-98 (Register 98, No. 21).
23. New section filed 5-18-98; operative 5-18-98. Submitted to OAL for printing only pursuant to Fish and Game Code section 7652 (Register 98, No. 21).
24. Expired by its own terms on 4-30-99 (Register 99, No. 25).
25. New section filed 6-14-99; operative 6-14-99. Submitted to OAL for printing only pursuant to Fish and Game Code section 7652 (Register 99, No. 25).
26. Expired by its own terms on 4-30-2000 (Register 2000, No. 24).
27. New section filed 6-13-2000; operative 6-13-2000. Submitted to OAL for printing only pursuant to Fish and Game Code section 7652 (Register 2000, No. 24).
28. Repealer and new section filed 5-9-2001; operative 5-9-2001. Submitted to OAL for printing only pursuant to Fish and Game Code section 7652 (Register 2001, No. 19).
29. Amendment of subsection (a), new sections (b)-(b)(2), subsection relettering and amendment of Note filed 5-17-2006; operative 5-17-2006. Submitted to OAL for printing only (Register 2006, No. 20).
30. New subsection (b)(3) filed 2-1-2023; operative 2/1/2023. Exempt from the APA pursuant to Fish and Game Code section 7652 and submitted to OAL for filing and printing only pursuant to Government Code section 11343.8 (Register 2023, No. 5).