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 ReptilesChapter 4 - Ocean FishingArticle 1 - Ocean and San Francisco Bay District
Fin Fish-Gear Restrictions
Section 28.65 - General

Cal. Code Regs. tit. 14 § 28.65

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Current through Register 2024 Notice Reg. No. 44, November 1, 2024
Section 28.65 - General

Except as provided in this article, fin fish may be taken only on hook and line or by hand. Any number of hooks and lines may be used in all ocean waters and bays except:

(a) San Francisco Bay, as described in Section 27.00, where only one line with not more than three hooks may be used.
(b) On public piers, no person shall use more than two rods and lines, two hand lines, or two nets, traps or other appliances used to take crabs.
(c) When rockfish (genus Sebastes), California scorpionfish (Scorpaena guttata), lingcod (Ophiodon elongatus), cabezon (Scorpaenichthys marmoratus), kelp or rock greenlings (Hexagrammos decagrammus and Hexagrammos lagocephalus), or species listed in Section 28.49 are aboard or in possession, only one line with not more than two hooks may be used pursuant to sections 28.55, 28.54, 28.27, 28.28 28.29, or 28.49, respectively.
(d) No gaff hook shall be used to take or assist in landing any fin fish shorter than the minimum size limit. For the purpose of this section a gaff hook is any hook with or without a handle used to assist in landing fish or to take fish in such a manner that the fish does not take the hook voluntarily in its mouth. No person shall take fin fish from any boat or other floating device in ocean waters without having a landing net in possession or available for immediate use to assist in landing undersize fish of species having minimum size limits; the opening of any such landing net shall be not less than eighteen inches in diameter.
(e) North of Point Conception (34°27'00" N. lat.), where only one rod and line may be used by each angler fishing for salmon, or fishing from any boat or floating device with salmon on board.
(f) Mousetrap gear prohibited: It is unlawful to use, assist in using, or to possess aboard any vessel, hook-and-line gear commonly termed "mouse traps" constructed of a hook(s) or lure(s), attached to one end of a line that is attached to a float, or floats at the other end, and that when fished, is not attached directly to a person or vessel. Possession of such gear aboard a vessel shall be prima facie evidence that the gear is being used in violation of this regulation.
(g) North of Point Conception to 40°10'00" N. lat. (near Cape Mendocino), subsection 27.80(a)(3) applies to each angler fishing for salmon or fishing from any boat or floating device with salmon on board.

Cal. Code Regs. Tit. 14, § 28.65

1. New subsection (d) filed 6-28-96; operative 6-28-96 pursuant to Fish and Game Code sections 202 and 215 (Register 96, No. 26).
2. Editorial correction of subsection (d) (Register 97, No. 19).
3. Amendment of subsection (d) and NOTE filed 5-9-97 as an emergency; operative 5-9-97 (Register 97, No. 19). A Certificate of Compliance must be transmitted to OAL by 9-8-97 or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 5-9-97 order transmitted to OAL 9-3-97 and filed 10-15-97 (Register 97, No. 42).
5. New subsection (e) and amendment of NOTE filed 2-5-98; operative 3-1-98 pursuant to Fish and Game Code sections 202 and 215 (Register 98, No. 6).
6. New subsection (f) filed 5-14-98 as an emergency; operative 5-14-98 (Register 98, No. 20). A Certificate of Compliance must be transmitted to OAL by 9-11-98 or emergency language will be repealed by operation of law on the following day.
7. Certificate of Compliance as to 5-14-98 order transmitted to OAL 9-9-98 and filed 10-20-98 (Register 98, No. 43).
8. Amendment of subsection (c) and subsection relettering filed 12-30-99; operative 12-30-99 pursuant to Fish and Game Code sections 202 and 215 (Register 99, No. 53).
9. Amendment of subsection (b) filed 2-18-2000; operative 3-1-2000 pursuant to Fish and Game Code sections 202 and 215 (Register 2000, No. 7).
10. Amendment of subsection (c) and NOTE filed 3-5-2001; operative 3-5-2001 pursuant to Fish and Game Code sections 202 and 215 (Register 2001, No. 10).
11. Amendment of subsection (c) filed 6-9-2011; operative 6-9-2011 pursuant to Government Code section 11343.4 (Register 2011, No. 23).
12. Amendment of subsection (a) filed 11-2-2016; operative 1-1-2017 (Register 2016, No. 45).
13. Change without regulatory effect amending NOTE filed 8-8-2019 pursuant to section 100, title 1, California Code of Regulations (Register 2019, No. 32).
14. Amendment of subsection (c) and NOTE filed 12-28-2020; operative 1-1-2021 pursuant to Government Code section 11343.4(b)(4)(A)-(B) (Register 2021, No. 1).
15. Amendment of subsection (g) and NOTE filed 7-1-2021; operative 5-16-2021. Submitted to OAL for filing and printing only pursuant to 14 CCR section 1.95(c) (Register 2021, No. 27).
16. Amendment of subsections (c) and (g) filed 12-30-2022; operative 1-1-2023 pursuant to Government Code section 11343.4(b)(4)(B) (Register 2022, No. 52).

Note: Authority cited: Sections 200, 205, 265, 270, 275, 7071 and 7110, Fish and Game Code. Reference: Sections 200, 205, 265, 270, 275, 7110 and 8585.5, Fish and Game Code.

1. New subsection (d) filed 6-28-96; operative 6-28-96 pursuant to Fish and Game Code sections 202 and 215 (Register 96, No. 26).
2. Editorial correction of subsection (d) (Register 97, No. 19).
3. Amendment of subsection (d) and Note filed 5-9-97 as an emergency; operative 5-9-97 (Register 97, No. 19). A Certificate of Compliance must be transmitted to OAL by 9-8-97 or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 5-9-97 order transmitted to OAL 9-3-97 and filed 10-15-97 (Register 97, No. 42).
5. New subsection (e) and amendment of Note filed 2-5-98; operative 3-1-98 pursuant to Fish and Game Code sections 202 and 215 (Register 98, No. 6).
6. New subsection (f) filed 5-14-98 as an emergency; operative 5-14-98 (Register 98, No. 20). A Certificate of Compliance must be transmitted to OAL by 9-11-98 or emergency language will be repealed by operation of law on the following day.
7. Certificate of Compliance as to 5-14-98 order transmitted to OAL 9-9-98 and filed 10-20-98 (Register 98, No. 43).
8. Amendment of subsection (c) and subsection relettering filed 12-30-99; operative 12-30-99 pursuant to Fish and Game Code sections 202 and 215 (Register 99, No. 53).
9. Amendment of subsection (b) filed 2-18-2000; operative 3-1-2000 pursuant to Fish and Game Code sections 202 and 215 (Register 2000, No. 7).
10. Amendment of subsection (c) and Note filed 3-5-2001; operative 3-5-2001 pursuant to Fish and Game Code sections 202 and 215 (Register 2001, No. 10).
11. Amendment of subsection (c)filed 6-9-2011; operative 6-9-2011 pursuant to Government Code section 11343.4(Register 2011, No. 23).
12. Amendment of subsection (a) filed 11-2-2016; operative 1/1/2017 (Register 2016, No. 45).
13. Change without regulatory effect amending Note filed 8-8-2019 pursuant to section 100, title 1, California Code of Regulations (Register 2019, No. 32).
14. Amendment of subsection (c) and Note filed 12-28-2020; operative 1/1/2021 pursuant to Government Code section 11343.4(b)(4)(A)-(B) (Register 2021, No. 1).
15. Amendment of subsection (g) and Note filed 7-1-2021; operative 5/16/2021. Submitted to OAL for filing and printing only pursuant to 14 CCR section 1.95(c) (Register 2021, No. 27).
16. Amendment of subsections (c) and (g) filed 12-30-2022; operative 1/1/2023 pursuant to Government Code section 11343.4(b)(4)(B) (Register 2022, No. 52).