SECTIONS 5500-5522

5500.  It is unlawful to use explosives in the waters of this stateinhabited by fish, except under a permit first obtained by the userfrom the department consistent with terms and conditions set by thecommission, or except in case of emergency, to remove an accidentalobstruction to the flow of water. Any person may appeal thedepartment's decision to grant or deny a permit to the commission.5501.  The department may take any fish which, in its opinion, isunduly preying upon any bird, mammal, or fish. The commission mayprescribe the terms of a permit to take any fish which, in theopinion of the department, is harmful to other species of fish andwhich should be reduced in numbers.5503.  It is unlawful to take any fish for the sole purpose ofremoving its eggs except for the purpose of developing a brood stockfor aquaculture purposes under Division 12 (commencing with Section15000) pursuant to regulations promulgated by the Fish and GameCommission. The commission shall also determine ownership and regulatedistribution of progeny taken from wild brood stock, other than thoseobtained pursuant to Section 15300.5505.  Mollusks, crustaceans, and amphibia may be used for bait orreleased in the same waters wherein taken.5507.  It is unlawful for any person to possess, except in his home,any fish spear or gaff within 300 feet of any lake or stream in thisState, at any time when spearing is prohibited in such lake orstream. This section does not apply to the possession of a gaffcarried as an accessory while angling.5508.  It is unlawful to possess on any boat or to bring ashore anyfish upon which a size or weight limit is prescribed in such acondition that its size or weight cannot be determined. The commission may adopt regulations, under which fish other thanwhole fish may be brought ashore, which establish sizes or weightsfor cleaned or otherwise cut fish equivalent to sizes or weights forwhole fish.5509.  It is unlawful to possess on any boat or to bring ashore anyfish in such a condition that the species cannot be determined,except as otherwise provided in this code or regulations adoptedpursuant thereto. The commission, subject to the provisions ofSection 5508, may adopt regulations whereby fish taken by personsfishing from a vessel licensed pursuant to Section 7920 may bebrought ashore in such a condition that the species cannot bedetermined.5510.  The commission may adopt regulations to prevent deteriorationand waste of fish taken for purposes other than profit, and toregulate the disposal of the offal of such fish.5511.  Except under permit of the department, it is unlawful tocarry on any fish cultural operations on any stream above the pointwhere water is diverted for the use and operation of a state fishhatchery.5514.  (a) It is unlawful to kill or retain in possession anychinook, coho, or kokanee salmon or any steelhead that has not takenthe bait or lure in its mouth, in inland waters. (b)  Any chinook, coho, or kokanee salmon or any steelhead hookedother than in its mouth in inland waters shall be released unharmed.5515.  (a) (1) Except as provided in Section 2081.7, fully protectedfish or parts thereof may not be taken or possessed at any time. Noprovision of this code or any other law shall be construed toauthorize the issuance of permits or licenses to take any fullyprotected fish, and no permits or licenses heretofore issued shallhave any force or effect for that purpose. However, the departmentmay authorize the taking of those species for necessary scientificresearch, including efforts to recover fully protected, threatened,or endangered species. Prior to authorizing the take of any of thosespecies, the department shall make an effort to notify all affectedand interested parties to solicit information and comments on theproposed authorization. The notification shall be published in theCalifornia Regulatory Notice Register and be made available to eachperson who has notified the department, in writing, of his or herinterest in fully protected species and who has provided an e-mailaddress, if available, or postal address to the department. Affectedand interested parties shall have 30 days after notification ispublished in the California Regulatory Notice Register to provide anyrelevant information and comments on the proposed authorization. (2) As used in this subdivision, "scientific research" does notinclude any actions taken as part of specified mitigation for aproject, as defined in Section 21065 of the Public Resources Code. (3) Legally imported fully protected fish or parts thereof may bepossessed under a permit issued by the department. (b) The following are fully protected fish: (1) Colorado River squawfish (Ptychocheilus lucius). (2) Thicktail chub (Gila crassicauda). (3) Mohave chub (Gila mohavensis). (4) Lost River sucker (Catostomus luxatus). (5) Modoc sucker (Catostomus microps). (6) Shortnose sucker (Chasmistes brevirostris). (7) Humpback sucker (Xyrauchen texanus). (8) Owens River pupfish (Cyprinoden radiosus). (9) Unarmored threespine stickleback (Gasterosteus aculeatuswilliamsoni). (10) Rough sculpin (Cottus asperrimus).5516.  Any river, stream, lake, or other body of water restricted bythe commission to the use of artificial flies or artificial luresonly for fishing shall be posted by the department at logical placesof entry so as to inform persons fishing in such waters as to thenature of the restrictions.5517.  It is unlawful to take any white shark (Carcharodoncarcharias), except under permits issued pursuant to Section 1002 forscientific or educational purposes.5520.  It is the intent of the Legislature that the commissionundertake management of abalone in a manner consistent with theabalone recovery and management plan submitted pursuant to Section5522.5521.  A moratorium is imposed on the taking, possessing, or landingof abalone (genus Haliotis) for commercial or recreational purposesin ocean waters of the state south of a line drawn due west magneticfrom the center of the mouth of the San Francisco Bay, including allislands offshore the mainland of California, including, but notlimited to, the Farallon Islands and the Southern California ChannelIslands. It is unlawful to take, possess, or land abalone forcommercial or recreational purposes in those ocean waters while themoratorium is in effect.5521.5.  (a) In addition to the moratorium imposed by Section 5521,and notwithstanding any other provision of law, it is unlawful totake abalone for commercial purposes in District 6, 7, 16, 17, or19A, in District 10 north of Point Lobos, or in District 20 betweenSoutheast Rock and the extreme westerly end of Santa Catalina Island. (b) For a person who is required to obtain a license pursuant toSection 7145, the possession of more than 12 individual abalone orabalone in excess of the annual bag limit is prima facie evidencethat the person possesses the abalone for commercial purposes.5521.6.  Notwithstanding Sections 5521 and 5521.5, a registeredaquaculturist may collect abalone for broodstock, in accordance withsubdivision (b) of Section 15301.5522.  (a) On or before January 1, 2003, the department shall submitto the commission a comprehensive abalone recovery and managementplan. The plan shall contain all of the following: (1) An explanation of the scientific knowledge regarding thebiology, habitat requirements, and threats to abalone. (2) A summary of the interim and long-term recovery goals,including a range of alternative interim and long-term conservationand management goals and activities. The department shall report whyit prefers the recommended activities. (3) Alternatives for allocating harvest between sport andcommercial divers if the allocation of the abalone harvest iswarranted. (4) An estimate of the time and costs required to meet the interimand long-term recovery goals for the species, including available oranticipated funding sources, and an initial projection of the timeand costs associated with meeting the final recovery goals. Animplementation schedule shall also be included. (5) An estimate of the time necessary to meet the interim recoverygoals and triggers for review and amendment of strategy. (6) A description of objective measurable criteria by which todetermine whether the goals and objectives of the recovery strategyare being met and procedures for recognition of successful recovery.These criteria and procedures shall include, but not be limited to,the following: (A) Specified abundance and size frequency distribution criteriafor former abalone beds within suitable habitat not dominated by seaotters. (B) Size frequency distributions exhibiting multiple size classesas necessary to ensure continued recruitment into fishable stock. (C) The reproductive importance to the entire ecosystem of thoseareas proposed for reopening to harvest and the potential impact ofeach reopening on the recovery of abalone population in adjacentareas. (b) Where appropriate, the recovery and management plan mayinclude the following: (1) A network of no-take abalone reserves. (2) A total allowable catch, reflecting the long-term yield eachspecies is capable of sustaining, using the best available scienceand bearing in mind the ecological importance of the species and thevariability of marine ecosystems. (3) A permanent reduction in harvest. (c) Funding to prepare the recovery and management plan and anyplanning and scoping meetings shall be derived from the feescollected for the abalone stamp. (d) On or before January 1, 2008, and following the adoption ofthe recovery and management plan by the commission, the departmentmay apply to the commission to reopen sport or commercial fishing inall or any portion of the waters described in Section 5521. If thecommission makes a finding that the resource can support additionalharvest activities and that these activities are consistent with theabalone recovery plan, all or a portion of the waters described inSection 5521 may be reopened and management measures prescribed andimplemented, as appropriate. The commission may close or, whereappropriate, may establish no-take marine refuges in any area openedpursuant to this section if it makes a finding that this action isnecessary to comply with the abalone management plan. (e) If the commission determines that commercial fishing is anappropriate management measure, priority for participation in thefishery shall be given to those persons who held a commercial abalonepermit during the 1996-97 permit year.