Cal. Code Regs. Tit. 14, § 195 - Report of Fish Taken to be Made by Owner of Barge or Vessel for Hire, and Boat Limits

(a) Pursuant to Section 190 the owner/operator of a commercial passenger fishing vessel shall keep a logbook of fishing activities.

(1) The form entitled Commercial Passenger Fishing Vessel Log, Central and Northern California, DFW 195A (Rev 01/16), incorporated by reference herein, shall be used when the vessel is engaged in fishing north of Point Conception.

(2) The form entitled Commercial Passenger Fishing Vessel Log, Southern California, DFW 195B (Rev 01/16), incorporated by reference herein, shall be used when the vessel is engaged in fishing south of Point Conception.

(b) The owner(s) and/or operator(s) of each vessel required to obtain a license under Section 7920 of the Fish and Game Code shall post a notice in a prominent place on the vessel giving information to fishermen on license requirements, bag limits, and other pertinent information. This notice shall be furnished by the department.

(c) Both the vessel owner(s) and/or operator(s) shall be responsible for keeping accurate records and insuring the vessel is in compliance with subsections (a) and (b) above.

(d) All fishing activity records are confidential pursuant to Fish and Game Code Sections 7923 and 8022 and Government Code Sections 6276 and 6276.10.

(e) Boat Limits: When two or more persons licensed or otherwise authorized to sport fish in ocean waters off California or in the San Francisco Bay District, as defined in Section 27.00, are angling for finfish in these waters aboard a vessel licensed under Section 7920, fishing by these persons (to include vessel operator(s) and crew members where licensed to sportfish under their own individual limits) may continue until the passenger's boat limits of those finfish are taken and possessed aboard the vessel as authorized under this section.

(1) For purposes of this section, the vessel operator(s) and crew members are not passengers and may not take fish towards obtaining boat limits for passengers except for casting, setting trolling gear, gaffing or netting fish, but may take fish during a fishing trip for their personal use only. Vessel operator(s) and crew members may assist passengers in other activities including, but not limited to, obtaining bait, chumming, baiting and untangling hooks and lines, identifying, dispatching, filleting, counting, bagging and otherwise handling fish taken by passengers. Upon completion of a fishing trip, the vessel operator(s) and crew members may only possess fish that are part of their own personal bag limit not to exceed authorized sportfishing daily bag and possession limits.

(2) Fish taken by operator(s) and crew members for personal use pursuant to (e)(1) above must be separated from fish taken under a boat limit and labeled in a manner that they can be identified as an individual operator's or crew member's fish. Operator(s) and crew members are also prohibited from giving all or part of their individual limit to any passenger during or after a trip.

(3) The authorization for boat limits aboard a vessel does not apply to fishing trips originating in California where fish are taken in other jurisdictions.

(4) A boat limit for a species or species group is equal to the number of passengers aboard the vessel that are licensed or otherwise authorized to sport fish in ocean waters off California or in the San Francisco Bay District multiplied by the individual daily bag limit authorized for a species or species group. For purposes of this section, the number of passengers shall not include the vessel operator(s) and crew members. It is unlawful to exceed the boat limit at any time.

(5) Prior to the departure on a fishing trip of a vessel that is licensed under Fish and Game Code Section 7920, the number of fishers, to include passengers, guests, operators and crew who will be fishing, shall be recorded under "number of fishers" on the logbook for that trip. In addition, the number of vessel operator(s) and crew members who will fish for that trip shall be recorded in the space to the right of the operator's signature on the logbook.

(6) Upon completion of a sport fishing trip aboard a vessel reporting under this section, each licensed or otherwise authorized angler may not possess more than the daily bag and possession limits. For the purposes of this section, a fishing trip is completed at the time a person disembarks from the vessel and individual possession limits apply.

(7) Species for which no daily bag limit exists are not included in the boat limit.

(f) Where boat limits are provided for in this section, the vessel operator(s) and crew members may be cited for violations occurring aboard the vessel, including but not limited to violations of the following:

(1) Overlimits

(2) Possession of prohibited species

(3) Minimum size limits

(4) Fish taken out of season or in closed areas

(g) Boat limits are not authorized for sturgeon fishing and shall not apply to the take, possession or retention of sturgeon.

Notes

Cal. Code Regs. Tit. 14, § 195

1. Renumbering and amendment of former Section 225.7 to Section 195 filed 12-8-89; operative 1-1-90 (Register 89, No. 50).
2. Amendment of section heading, new subsection (e) and amendment of NOTE filed 3-5-2001; operative 3-5-2001 pursuant to Fish and Game Code sections 202 and 215 (Register 2001, No. 10).
3. Repealer of subsection (e) filed 9-12-2002 as an emergency; operative 9-12-2002 (Register 2002, No. 37). A Certificate of Compliance must be transmitted to OAL by 1-10-2003 or emergency language will be repealed by operation of law on the following day.
4. Reinstatement of section as it existed prior to 9-12-2002 emergency amendment by operation of Government Code section 11346.1(f) (Register 2003, No. 9).
5. Repealer of subsection (e) filed 2-27-2003; operative 2-27-2003 pursuant to Government Code section 11343.4 (Register 2003, No. 9).
6. Amendment of section heading and section filed 2-24-2004; operative 3-1-2004 pursuant to Government Code section 11343.4 (Register 2004, No. 9).
7. Change without regulatory effect amending subsection (e)(5) filed 12-7-2004 pursuant to section 100, title 1, California Code of Regulations (Register 2004, No. 50).
8. New subsection (g) filed 2-28-2007; operative 2-28-2007 pursuant to Government Code section 11343.4 (Register 2007, No. 9).
9. Amendment of subsections (a)(1), (e), (e)(4) and (e)(6)-(7) filed 10-16-2007; operative 11-15-2007 (Register 2007, No. 42).
10. Amendment of subsections (a)-(a)(1), new subsections (a)(1)(A)-(B) and (a)(4)-(5), amendment of subsections (e)(1)-(2) and (e)(5), redesignation of former subsections (f)(A)-(D) as subsections (f)(1)-(4) and amendment of NOTE filed 10-11-2013; operative 1-1-2014 (Register 2013, No. 41).
11. Repealer of subsections (a)-(a)(5), new subsections (a)-(2) and incorporation by reference of Forms DFW 195A and DFW 195B filed 6-30-2016; operative 6-30-2016 pursuant to Government Code section 11343.4(b)(3) (Register 2016, No. 27).

Note: Authority cited: Sections 7071, 7920, 7923, 7924, 8026 and 8587.1, Fish and Game Code. Reference: Sections 7055, 7056, 7058, 7060, 7120, 7850, 7923, 7924, 8026 and 8587.1, Fish and Game Code.

1. Renumbering and amendment of former Section 225.7 to Section 195 filed 12-8-89; operative 1-1-90 (Register 89, No. 50).
2. Amendment of section heading, new subsection (e) and amendment of Note filed 3-5-2001; operative 3-5-2001 pursuant to Fish and Game Code sections 202 and 215 (Register 2001, No. 10).
3. Repealer of subsection (e) filed 9-12-2002 as an emergency; operative 9-12-2002 (Register 2002, No. 37). A Certificate of Compliance must be transmitted to OAL by 1-10-2003 or emergency language will be repealed by operation of law on the following day.
4. Reinstatement of section as it existed prior to 9-12-2002 emergency amendment by operation of Government Code section 11346.1(f) (Register 2003, No. 9).
5. Repealer of subsection (e) filed 2-27-2003; operative 2-27-2003 pursuant to Government Code section 11343.4 (Register 2003, No. 9).
6. Amendment of section heading and section filed 2-24-2004; operative 3-1-2004 pursuant to Government Code section 11343.4 (Register 2004, No. 9).
7. Change without regulatory effect amending subsection (e)(5) filed 12-7-2004 pursuant to section 100, title 1, California Code of Regulations (Register 2004, No. 50).
8. New subsection (g) filed 2-28-2007; operative 2-28-2007 pursuant to Government Code section 11343.4 (Register 2007, No. 9).
9. Amendment of subsections (a)(1), (e), (e)(4) and (e)(6)-(7) filed 10-16-2007; operative 11-15-2007 (Register 2007, No. 42).
10. Amendment of subsections (a)-(a)(1), new subsections (a)(1)(A)-(B) and (a)(4)-(5), amendment of subsections (e)(1)-(2) and (e)(5), redesignation of former subsections (f)(A)-(D) as subsections (f)(1)-(4) and amendment of Note filed 10-11-2013; operative 1-1-2014 (Register 2013, No. 41).
11. Repealer of subsections (a)-(a)(5), new subsections (a)-(2) and incorporation by reference of Forms DFW 195A and DFW 195B filed 6-30-2016; operative 6/30/2016 pursuant to Government Code section 11343.4(b)(3) (Register 2016, No. 27).