Title FGC, California Fish & Game Code

It is unlawful to possess on any boat or to bring ashore any fish in such a condition that the species cannot be determined, except as otherwise provided in this code or regulations adopted pursuant thereto. The commission, subject to the provisions of Section 5508, may adopt reg…

The commission may adopt regulations to prevent deterioration and waste of fish taken for purposes other than profit, and to regulate the disposal of the offal of such fish. (Added by Stats. 1976, Ch. 362.)

Except under permit of the department, it is unlawful to carry on any fish cultural operations on any stream above the point where water is diverted for the use and operation of a state fish hatchery. (Enacted by Stats. 1957, Ch. 456.)

(a) It is unlawful to kill or retain in possession any chinook, coho, or kokanee salmon or any steelhead that has not taken the bait or lure in its mouth, in inland waters. (b) Any chinook, coho, or kokanee salmon or any steelhead hooked other than in its mouth in inland waters s…

(a) (1) Except as provided in this section or Section 2081.4, 2081.6, 2081.7, 2081.10, 2081.11, 2081.15, 2089.7, or 2835, a fully protected fish shall not be taken or possessed at any time. No provision of this code or any other law shall be construed to authorize the issuance of…

Any river, stream, lake, or other body of water restricted by the commission to the use of artificial flies or artificial lures only for fishing shall be posted by the department at logical places of entry so as to inform persons fishing in such waters as to the nature of the res…

(a) Except as authorized by a permit issued pursuant to Section 1002, or as provided in subdivision (b) of Section 8599, it is unlawful to do any of the following: (1) Take any white shark (Carcharodon carcharias). (2) Use any shark bait, shark lure, or shark chum to attract any …

It is the intent of the Legislature that the commission undertake management of abalone in a manner consistent with the abalone recovery and management plan submitted pursuant to Section 5522. (Added by Stats. 1997, Ch. 787, Sec. 1. Effective January 1, 1998.)

A moratorium is imposed on the taking, possessing, or landing of abalone (genus Haliotis) for commercial or recreational purposes in ocean waters of the state south of a line drawn due west magnetic from the center of the mouth of the San Francisco Bay, including all islands offs…

(a) In addition to the moratorium imposed by Section 5521, and notwithstanding any other provision of law, it is unlawful to take abalone for commercial purposes in District 6, 7, 16, 17, or 19A, in District 10 north of Point Lobos, or in District 20 between Southeast Rock and th…

Notwithstanding Sections 5521 and 5521.5, a registered aquaculturist may collect abalone for broodstock, in accordance with subdivision (b) of Section 15301. (Added by Stats. 1999, Ch. 483, Sec. 6. Effective January 1, 2000.)

(a) On or before January 1, 2003, the department shall submit to the commission a comprehensive abalone recovery and management plan. The plan shall contain all of the following: (1) An explanation of the scientific knowledge regarding the biology, habitat requirements, and threa…

(a) (1) If the Director of Environmental Health Hazard Assessment, in consultation with the State Public Health Officer, determines, based on thorough and adequate scientific evidence, that any species or subspecies of fish is likely to pose a human health risk from high levels o…

“Net” means any gear made of any kind of twine, thread, string, rope, wire, wood, or other materials used for the gilling, entangling, trapping, or impounding of fish. (Enacted by Stats. 1957, Ch. 456.)

“Nonresident” means a person who is not a resident as defined in Section 70. (Amended by Stats. 2015, Ch. 154, Sec. 7. (AB 1527) Effective January 1, 2016.)

Whenever a power is granted to, or duty is imposed upon, a public officer, the power may be exercised or the duty may be performed by a deputy of the officer or by a person authorized, pursuant to law, by the officer, unless this code expressly provides otherwise. (Enacted by Sta…

“Oath” includes affirmation. (Enacted by Stats. 1957, Ch. 456.)

“Ocean ranching” means aquaculture where juvenile anadromous fish are reared and released into state waters to grow and return to an aquaculture facility to be harvested commercially. (Added by Stats. 1982, Ch. 1486, Sec. 3.)

“Open season” means that period of time during which the taking of birds, mammals, fish, reptiles, or amphibians is allowed as prescribed in this code and regulations adopted by the commission. If used to define the period of time during which take is allowed “season” means “open…

“Order,” “rule,” and “regulation” are used interchangeably and each includes the others. (Enacted by Stats. 1957, Ch. 456.)

“Person” means any natural person or any partnership, corporation, limited liability company, trust, or other type of association. (Amended by Stats. 1994, Ch. 1010, Sec. 121. Effective January 1, 1995.)

“Purchase” means “buy” as defined in Section 24. (Added by Stats. 1985, Ch. 1403, Sec. 2.)

Whenever a statement or report is required to be made, it shall be made in the English language. Nothing in this section shall prohibit the department from providing an unofficial translation of a statement or report in a language other than English. (Amended by Stats. 2015, Ch. …

“Resident” means any person who has resided continuously in the State of California for six months or more immediately prior to the date of application for a license or permit, any person on active military duty with the Armed Forces of the United States or auxiliary branch there…

(a) The Legislature finds and declares that the Pacific Ocean and its rich marine living resources are of great environmental, economic, aesthetic, recreational, educational, scientific, nutritional, social, and historic importance to the people of California. (b) It is the polic…

(a) A regulation adopted pursuant to this part shall apply only to ocean waters and bays. Notwithstanding any other provision of this part, nothing contained in this part grants the department or any other agency of the state any regulatory authority not in existence on January 1…

“Section” means a section of this code unless some other statute is specifically mentioned. “Subdivision” means a subdivision of the section in which that term occurs unless some other section is expressly mentioned. (Enacted by Stats. 1957, Ch. 456.)

“Sell” includes offer or possess for sale, barter, exchange, or trade. (Enacted by Stats. 1957, Ch. 456.)

“Shall” is mandatory and “may” is permissive. (Enacted by Stats. 1957, Ch. 456.)

The present tense includes the past and future tenses, and the future, the present. (Enacted by Stats. 1957, Ch. 456.)

Unless the provision or context otherwise requires, a provision of this code that applies to a whole animal also applies to a part of the animal. (Added by Stats. 2015, Ch. 154, Sec. 8. (AB 1527) Effective January 1, 2016.)

“Signature” or “subscription” includes mark when the signer or subscriber cannot write, such signer’s or subscriber’s name being written near the mark by a witness who writes his own name near the signer’s or subscriber’s name; but a signature or subscription by mark can be ackno…

“Slurp gun” means a self-contained, hand-held device used to capture fish by rapidly drawing water containing fish into a closed chamber. (Added by Stats. 1992, Ch. 742, Sec. 1. Effective January 1, 1993.)

“State” means the State of California, unless applied to the different parts of the United States. In the latter case, it includes the District of Columbia and the territories. (Enacted by Stats. 1957, Ch. 456.)

“Take” means hunt, pursue, catch, capture, or kill, or attempt to hunt, pursue, catch, capture, or kill. (Enacted by Stats. 1957, Ch. 456.)

“Transport” includes offer or receive for transportation. (Enacted by Stats. 1957, Ch. 456.)

For the purposes of this code, “recycled water” or “reclaimed water” has the same meaning as recycled water as defined in subdivision (n) of Section 13050 of the Water Code. (Added by Stats. 1995, Ch. 28, Sec. 1. Effective January 1, 1996.)

“Waters of the state,” “waters of this state,” and “state waters” have the same meaning as “waters of the state” as defined in subdivision (e) of Section 13050 of the Water Code. (Added by Stats. 2007, Ch. 285, Sec. 4. Effective January 1, 2008.)

“Wildlife” means and includes all wild animals, birds, plants, fish, amphibians, reptiles, and related ecological communities, including the habitat upon which the wildlife depends for its continued viability. (Added by Stats. 2015, Ch. 154, Sec. 9. (AB 1527) Effective January 1,…

The masculine gender includes the feminine and the neuter. (Enacted by Stats. 1957, Ch. 456.)

“Spouse” includes “registered domestic partner,” as required by Section 297.5 of the Family Code. (Added by Stats. 2016, Ch. 50, Sec. 41. (SB 1005) Effective January 1, 2017.)

The area described in this article is a fish and game refuge. (Amended by Stats. 2023, Ch. 132, Sec. 184. (AB 1760) Effective January 1, 2024.)

The following constitutes and shall be designated the San Francisco Fish and Game Refuge: All that area within the County of San Mateo, within the following boundaries: Beginning at a point on the westerly side of the Skyline Boulevard where said line crosses the fence line betwe…

(a) There is hereby delegated to the commission the power to regulate the taking or possession of birds, mammals, fish, amphibians, and reptiles. (b) No power is delegated to the commission by this section to regulate either of the following: (1) The taking, possessing, processin…

Nothing in this article confers upon the commission any power to regulate any natural resources or commercial or other activity connected therewith, except as specifically provided. (Enacted by Stats. 1957, Ch. 456.)

Any regulation of the commission pursuant to this article relating to resident game birds, game mammals and fur-bearing mammals may apply to all or any areas, districts, or portions thereof, at the discretion of the commission, and may do any or all of the following as to any or …