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. (a) In the Dana Point Marine Life Refuge below the
intertidal zone, the following fish, mollusks, and crustaceans may be
taken under the authority of a sportfishing license as authorized by
this code: abalone (subject to the moratorium imposed under Section
5521), lobster, rockfish (Scorpaenidae), greenling, ling cod,
cabezon, yellowtail, mackerel, bluefin tuna, kelp bass, spotted sand
bass, barred sand bass, sargo, croaker, queenfish, corbina, white
seabass, opaleye, halfmoon, surfperch (Embiotocidae), blacksmith,
barracuda, sheephead, bonito, California halibut, sole, turbot, and
sanddab. Fin fish shall be taken only by hook and line or by
spearfishing gear. All other fish and forms of aquatic life are
protected and may not be taken without a written permit from the
department.
(b) Except as expressly provided in this section, it is unlawful
to enter the intertidal zone in the Dana Point Marine Life Refuge for
the purpose of taking or possessing, or to take or possess, any
species of fish, plant, or invertebrate, or part thereof, to use or
have in possession any contrivance designed to be used for catching
fish, to disturb any native plant, fish, wildlife, aquatic organism,
or to take or disturb any natural geological feature. This
subdivision does not prohibit persons from entering the intertidal
zone for the purpose of entertainment, recreation, and education
while having a minimum impact on the intertidal environment and the
living organisms therein. For this purpose, minimum impact includes
foot traffic, general observation of organisms in their environment
with immediate replacement of any unattached organisms to their
natural location after temporary lifting for examination, and
photography. Minimum impact does not include removal of attached
organisms from their environment, gathering of fishing bait,
littering, collecting rocks and shells, or turning rocks or other
acts destructive to the environment.
(c) For the purposes of this section, "intertidal zone" means the
area of the refuge between the mean lower low-water mark and the mean
high-tide line described in Section 10907.
(d) Notwithstanding subdivision (a) or (b), the Director of the
Dana Point Marine Life Refuge, or any person, who has a scientific
collector's permit from the department, to whom the Director of the
Dana Point Marine Life Refuge has issued a permit pursuant to Section
10502.6, may take, for scientific purposes, any fish or specimen of
marine plant life under the conditions prescribed by the department
pursuant to Section 10502.6.
(e) This section does not prohibit the entry of state and local
law enforcement officers, fire suppression agencies, and employees of
the department in the performance of their official duties. This
section does not prohibit or restrict navigation in the Dana Point
Marine Life Refuge pursuant to federal law.