Article 3. Sport Fishing Licenses of California Fish And Game Code >> Division 6. >> Part 2. >> Chapter 1. >> Article 3.
(a) Except as otherwise provided in this article, every
person 16 years of age or older who takes any fish, reptile, or
amphibian for any purpose other than profit shall first obtain a
valid license for that purpose and shall have that license on his or
her person or in his or her immediate possession or where otherwise
specifically required by law or regulation to be kept when engaged in
carrying out any activity authorized by the license. In the case of
a person diving from a boat, the license may be kept in the boat, or
in the case of a person diving from the shore, the license may be
kept within 500 yards of the shore.
(b) (1) This section does not apply to an owner of privately owned
real property, or the owner's invitee, who, without providing
compensation, takes fish for purposes other than profit from a lake
or pond that is wholly enclosed by that owner's real property and
that is located offstream and does not at any time derive water from,
or supply water to, any permanent or intermittent artificial or
natural lake, pond, stream, wash, canal, river, creek, waterway,
aqueduct, or similar water conveyance system of the state. Access and
control of the real property shall be under the direct authority of
the owner and not that of another person or entity.
(2) This subdivision does not, and shall not be construed to,
authorize the introduction, migration, stocking, or transfer of
aquatic species, prohibited species, or any other nonnative or exotic
species into state waters or waterways. This subdivision does not
supersede or otherwise affect any provision of law that governs
aquaculture, including, but not limited to, the operation of trout
farms, or any activity that is an adjunct to or a feature of, or that
is operated in conjunction with, any other enterprise operated for a
fee, including, but not limited to, private parks or private
recreation areas.
The owner or operator of a boat or vessel licensed pursuant
to Section 7920 shall not permit any person to fish from that boat or
vessel unless that person has, in his or her possession, a valid
California sport fishing license and any required stamp, report card,
or validation issued pursuant to this code.
(a) A sport fishing license granting the privilege to take
any fish, reptile, or amphibia anywhere in this state for purposes
other than profit shall be issued to any of the following:
(1) A resident, 16 years of age or older, for the period of a
calendar year, or, if issued after the beginning of the year, for the
remainder thereof, upon payment of a base fee of thirty-one dollars
and twenty-five cents ($31.25).
(2) A nonresident, 16 years of age or older, for the period of a
calendar year, or, if issued after the beginning of the year, for the
remainder thereof, upon payment of a base fee of eighty-four dollars
($84).
(3) A nonresident, 16 years of age or older for the period of 10
consecutive days beginning on the date specified on the license upon
payment of the fee set forth in paragraph (1).
(4) A resident or nonresident, 16 years of age or older, for two
designated days, upon payment of one-half the fee set forth in
paragraph (1). Notwithstanding Section 1053, more than one single day
license issued for different days may be issued to, or possessed by,
a person at one time.
(5) A resident or nonresident, 16 years of age or older, for one
designated day upon payment of a base fee of ten dollars ($10).
(b) California sport fishing license validations shall be issued
by authorized license agents in the same manner as sport fishing
licenses, and no compensation shall be paid to the authorized license
agent for issuing the validations except as provided in Section
1055.1.
(c) This section applies only to licenses, permits, reservations,
tags, and other entitlements issued through the Automated License
Data System.
(d) The base fees specified in this section are applicable to the
2004 license year, and shall be adjusted annually thereafter pursuant
to Section 713.
(e) The commission shall adjust the amount of the fees specified
in subdivision (d), as necessary, to fully recover, but not exceed,
all reasonable administrative and implementation costs of the
department and the commission relating to those licenses.
(a) In addition to Sections 714 and 7149.05, the department
shall issue a lifetime sport fishing license under this section. A
lifetime sport fishing license authorizes the taking of fish,
amphibians, or reptiles anywhere in this state in accordance with the
law for purposes other than profit for the life of the person to
whom issued unless revoked for a violation of this code or
regulations adopted under this code. A lifetime sport fishing license
is not transferable. A lifetime sport fishing license does not
include any special tags, stamps, or fees.
(b) A lifetime sport fishing license may be issued to residents of
this state, as follows:
(1) To a person 62 years of age or over, upon payment of a base
fee of three hundred sixty-five dollars ($365).
(2) To a person 40 years of age or over and less than 62 years of
age, upon payment of a base fee of five hundred forty dollars ($540).
(3) To a person 10 years of age or over and less than 40 years of
age upon payment of a base fee of six hundred dollars ($600).
(4) To a person less than 10 years of age upon payment of a base
fee of three hundred sixty-five dollars ($365).
(c) Nothing in this section requires a person less than 16 years
of age to obtain a license to take fish, amphibians, or reptiles for
purposes other than profit.
(d) Nothing in this section exempts a license applicant from
meeting other qualifications or requirements otherwise established by
law for the privilege of sport fishing.
(e) Upon payment of a base fee of two hundred forty-five dollars
($245), a person holding a lifetime sport fishing license or lifetime
sportsman's license shall be entitled annually to the privileges
afforded to a person holding a second-rod stamp or validation issued
pursuant to Section 7149.45, a sport fishing ocean enhancement stamp
or validation issued pursuant to subdivision (a) of Section 6596.1,
one steelhead trout report restoration card issued pursuant to
Section 7380, and one salmon punchcard issued pursuant to regulations
adopted by the commission. Lifetime privileges issued pursuant to
this subdivision are not transferable.
(f) The base fees specified in this section are applicable
commencing January 1, 2004, and shall be adjusted annually thereafter
pursuant to Section 713.
Notwithstanding Section 7149.05, a sport fishing license is
not required for a resident to take a rattlesnake (genus Crotalus or
Sistrurus).
(a) It is unlawful for any person to fish with two rods
without first obtaining a second-rod sport fishing validation, in
addition to a valid California sport fishing license validation, and
having that validation affixed to his or her valid sport fishing
license. Any person who has a valid second-rod sport fishing
validation affixed to his or her valid sport fishing license may fish
with two rods in inland waters in any sport fishery in which the
regulations of the commission provide for the taking of fish by
angling, except those waters in which only artificial lures or
barbless hooks may be used and the waters of the Smith River in Del
Norte County.
(b) The department or an authorized license agent shall issue a
second-rod sport fishing validation upon payment of a base fee of
seven dollars and fifty cents ($7.50) during the 1995 calendar year
and subsequent years, as adjusted under Section 713.
(c) This section applies only to licenses, permits, reservations,
tags, and other entitlements issued through the Automated License
Data System.
For the purpose of obtaining a sport fishing license,
enrollees in the Job Corps, created by the Economic Opportunity Act
of 1964 (Public Law 88-452), shall be deemed to be residents of
California.
Notwithstanding Section 7145, the director may designate
not more than two days, which may or may not be consecutive, in each
year as free sportfishing days during which residents and
nonresidents may, without having a sportfishing license and without
the payment of any fee, exercise the privileges of a holder of a
sportfishing license, subject to all of the limitations,
restrictions, conditions, laws, rules, and regulations applicable to
the holder of a sportfishing license.
(a) A person shall not take abalone from ocean waters
unless he or she first obtains, in addition to a valid California
sport fishing license and any applicable license validation or stamp
issued pursuant to this code, an abalone report card, and maintains
that report card in his or her possession while taking abalone.
(b) The department or an authorized license agent shall issue an
abalone report card upon payment of a fee of fifteen dollars ($15) in
the 2004 license year, which shall be adjusted annually thereafter
pursuant to Section 713.
(c) The commission shall adjust the amount of the fees specified
in subdivision (b) as necessary, to fully recover, but not exceed,
all reasonable administrative and implementation costs of the
department and the commission relating to those licenses.
(a) Fees received by the department pursuant to Section
7149.8 shall be deposited in the Abalone Restoration and Preservation
Account within the Fish and Game Preservation Fund, which is hereby
created. Notwithstanding Section 13340 of the Government Code, the
moneys in the account are continuously appropriated, without regard
to fiscal year, to the department to be used only for the
Recreational Abalone Management Program. For the purposes of this
article, "program" means the Recreational Abalone Management Program.
The program shall include the following:
(1) Research and management of abalone and abalone habitat. For
the purposes of this section, "research" includes, but is not limited
to, investigation, experimentation, monitoring, and analysis; and
"management" means establishing and maintaining an optimal
sustainable utilization.
(2) Supplementary funding of allocations for the enforcement of
statutes and regulations applicable to abalone, including, but not
limited to, the acquisition of special equipment and the production
and dissemination of printed materials, such as pamphlets, booklets,
and posters, aimed at compliance with recreational abalone
regulations.
(3) Direction for volunteer groups relating to abalone and abalone
habitat management, presentations of abalone related matters at
scientific conferences and educational institutions, and publication
of abalone related material.
(b) At least 15 percent of the funds deposited in the account
shall be used for program activities south of San Francisco. To the
extent possible, participants in the management activities of the
program in that area shall be former commercial abalone divers.
(c) The department shall maintain internal accounts that ensure
that the fees received pursuant to Section 7149.8 are disbursed for
the purposes of subdivision (a). Not more than 20 percent of the fees
received pursuant to Section 7149.8 shall be used for administration
by the department.
(d) Unencumbered fees collected pursuant to Section 7149.8 during
any previous calendar year may be expended for the purposes of
subdivisions (a) and (b). All interest and other earnings on the fees
received pursuant to Section 7149.8 shall be deposited in the
account and shall be used for the purposes of subdivisions (a) and
(b).
(a) Upon application to the department's headquarters office
in Sacramento and payment of a base fee of four dollars ($4), as
adjusted pursuant to Section 713, the following persons, who have not
been convicted of any violation of this code, shall be issued a
reduced fee sport fishing license that is valid for one year as
specified in paragraphs (1) and (2) of subdivision (a) of Section
7149.05 and that authorizes the licensee to take any fish, reptile,
or amphibians anywhere in this state as otherwise authorized pursuant
to this code and regulations adopted pursuant thereto for purposes
other than profit:
(1) A disabled veteran having a 50 percent or greater
service-connected disability upon presentation of proof of an
honorable discharge from military service and proof of the
disability. Proof of the disability shall be by certification from
the United States Veterans Administration or by presentation of a
license issued pursuant to this paragraph in the preceding license
year.
(2) A member of the military who is a "recovering service member"
pursuant to Section 1602(7) of the federal National Defense
Authorization Act for Fiscal Year 2008 (Public Law 110-181). A person
shall be eligible for a reduced fee sport fishing license pursuant
to this paragraph upon the submission of a letter, online or in
hardcopy, to the department from that person's commanding officer or
from a military medical doctor stating that the person is a
recovering service member.
(3) A person over 65 years of age who is a resident of this state
and whose total monthly income from all sources, including any old
age assistance payments, does not exceed the amount in effect on
September 1 of each year contained in subdivision (c) of Section
12200 of the Welfare and Institutions Code for single persons or
subdivision (d) of Section 12200 of the Welfare and Institutions Code
combined income for married persons, as adjusted pursuant to that
section. The amount in effect on September 1 of each year shall be
the amount used to determine eligibility for a reduced fee license
during the following calendar year.
(b) A person applying for a reduced fee sport fishing license
shall submit adequate documentation for the department to determine
whether the applicant is, in fact, eligible for a reduced fee sport
fishing license. The documentation shall be in the form of a letter
or other document, as specified by the department, from a public
agency, except as provided in paragraphs (1) and (2) of subdivision
(a). The department shall not issue a reduced fee sport fishing
license to any person unless it is satisfied that the applicant has
provided adequate documentation of eligibility for that license.
(c) The adjustment of the base fee pursuant to Section 713
specified in subdivision (a) shall be applicable to the fishing
license years beginning on or after January 1, 1996.
(a) Upon application to the department, the following
persons, if they have not been convicted of any violation of this
code, shall be issued, free of any charge or fee, a sport fishing
license, that authorizes the licensee to take any fish, reptile, or
amphibian anywhere in this state for purposes other than profit:
(1) Any blind person upon presentation of proof of blindness.
"Blind person" means a person with central visual acuity of 20/200 or
less in the better eye, with the aid of the best possible correcting
glasses, or central visual acuity better than 20/200 if the widest
diameter of the remaining visual field is no greater than 20 degrees.
Proof of blindness shall be by certification from a qualified
licensed optometrist or ophthalmologist or by presentation of a
license issued pursuant to this paragraph in any previous license
year.
(2) Every resident Native American who, in the discretion of the
department, is financially unable to pay the fee required for the
license.
(3) Any developmentally disabled person, upon presentation of
certification of that disability from a qualified licensed physician,
or the director of a state regional center for the developmentally
disabled.
(4) Any person who is a resident of the state and who is so
severely physically disabled as to be permanently unable to move from
place to place without the aid of a wheelchair, walker, forearm
crutches, or a comparable mobility-related device. Proof of the
disability shall be by certification from a licensed physician or
surgeon or, by presentation of a license issued pursuant to this
paragraph in any previous license year after 1996.
(b) Sport fishing licenses issued pursuant to paragraph (2) of
subdivision (a) are valid for the calendar year of issue or, if
issued after the beginning of the year, for the remainder thereof.
(c) Sport fishing licenses issued pursuant to paragraphs (1), (3),
and (4) of subdivision (a) are valid for five calendar years, or if
issued after the beginning of the first year, for the remainder
thereof.
(d) Upon application to the department, the department may issue,
free of any charge or fee, a sport fishing license to groups of
mentally or physically handicapped persons under the care of a
certified federal, state, county, city, or private licensed care
center that is a community care facility as defined in subdivision
(a) of Section 1502 of the Health and Safety Code, to organizations
exempt from taxation under Section 501(c)(3) of the federal Internal
Revenue Code, or to schools or school districts. Any organization
that applies for a group fishing license shall provide evidence that
it is a legitimate private licensed care center, tax-exempt
organization, school, or school district. The license shall be issued
to the person in charge of the group and shall be in his or her
possession when the group is fishing. Employees of private licensed
care centers, tax-exempt organizations, schools, or school districts
are exempt from Section 7145 only while assisting physically or
mentally disabled persons fishing under the authority of a valid
license issued pursuant to this section. The license shall include
the location where the activity will take place, the date or dates of
the activity, and the maximum number of people in the group. The
licenseholder shall notify the local department office before fishing
and indicate where, when, and how long the group will fish.
(e) Upon application to the department, the department may issue,
free of any charge or fee, a sport fishing license to a nonprofit
organization for day-fishing trips that provide recreational
rehabilitation therapy for active duty members of the United States
military who are currently receiving inpatient care in a military or
Veterans Administration hospital and veterans with service-connected
disabilities. The license shall be valid for the calendar year of
issue or, if issued after the beginning of the year, for the
remainder of that year. The license shall be issued to the person in
charge of the group, and shall be in the licenseholder's possession
when the group is fishing. The organization shall notify the local
department office before fishing and indicate where, when, and how
long the group will fish. To be eligible for a license under this
subdivision, an organization shall be registered to do business in
this state or exempt from taxation under Section 501(c) of the
federal Internal Revenue Code.
(f) On January 15 of each year, the department shall determine the
number of free sport fishing licenses in effect during the preceding
year under subdivisions (a), (d), and (e).
(g) There shall be appropriated from the General Fund a sum equal
to two dollars ($2) per free sport fishing license in effect during
the preceding license year under subdivisions (a) and (d), as
determined by the department pursuant to subdivision (f). That sum
may be appropriated annually in the Budget Act for transfer to the
Fish and Game Preservation Fund and appropriated in the Budget Act
from the Fish and Game Preservation Fund to the department for the
purposes of this part.
(a) A sport fishing license is not required to take fish by
any legal means, for any purpose other than profit, from a public
pier, as defined by the commission, in the ocean waters of the state,
or while angling at an aquaculture facility site that is registered
pursuant to Section 235 of Title 14 of the California Code of
Regulations.
(b) For purposes of this section, "ocean waters" include, but are
not limited to, the open waters adjacent to the ocean and any island;
the waters of any open or enclosed bay contiguous to the ocean; the
San Francisco and San Pablo Bays, with any tidal bay belonging
thereto; and any slough or estuary, if found between the Golden Gate
Bridge and the Benicia-Martinez Bridge.
Notwithstanding any other provision of this code, California
Indians who are bona fide registered members of the Yurok Indian
Tribe may take fish, for subsistence purposes only, from the Klamath
River between the mouth of that river and the junction of Tectah
Creek with it, exclusive of tributaries, without regard to seasons,
under the following conditions:
(a) Upon application therefor, the department shall issue to any
Yurok Indian who is listed on the register of the Yurok Tribal
Organization, as furnished to the department, a renewable,
nontransferable permit to take fish pursuant to this section for a
period of one calendar year. Any Indian of the Yurok tribe while
taking fish pursuant to this section shall have upon his person such
valid permit, and shall display it upon the request of any duly
authorized officer.
(b) Hand dip nets, and hook and line only may be used for taking
fish pursuant to this section.
(c) Pursuant to this section not more than three trout or salmon
or combination thereof, or more than one sturgeon, may be taken in
any one day. There is no bag limit on any other fish.
(d) No Yurok Indian while fishing pursuant to this section may be
accompanied by any person who does not possess a valid permit as
prescribed by this section. It is unlawful for any person who does
not hold such permit to accompany any Yurok Indian who is taking fish
pursuant to this section.
(e) The sale of any fish taken under the provisions of this
section shall constitute cause for permanent revocation by the
commission of the permit held by the person making the sale.