Current through Register 2024 Notice Reg. No. 38, September 20, 2024
(a) Purpose. These regulations are designed
to improve recreational fishing effort and catch information in some or all
areas where the fisheries operate. Many of these species are of high commercial
value, and therefore, additional enforcement mechanisms are needed to improve
compliance with existing bag limits and other regulations, and to reduce the
potential for poaching.
(b) Report
card requirements apply to any person fishing for or taking the following
species regardless of whether a sport fishing license is required:
(1) Salmon, in the anadromous waters of the
Klamath, Trinity, and Smith river basins. Anadromous waters are defined in
Section 1.04 of these
regulations.
(2) Steelhead
trout.
(3) White
sturgeon.
(4) Red
abalone.
(5) California spiny
lobster.
(c) General
Report Card Requirements.
(1) Any person
fishing for or taking any of the species identified in this Section shall have
in his immediate possession a valid non-transferable report card issued by the
department for the particular species. See special exemption regarding
possession of report cards for lobster divers in Section
29.91 of these
regulations.
(2) All entries made
on any report card or tag shall be legible and in indelible ink.
(3) A report card holder fishing with a one,
two, or ten-day sport fishing license, may replace the expired fishing license
without purchasing a new report card so long as the report card is still
valid.
(4) Report cards are not
transferable and shall not be transferred to another person. No person shall
possess any report card other than his own.
(5) A person may only obtain one abalone
report card and one sturgeon report card per report card period.
(6) Any report card holder who fills in all
available lines on his steelhead, salmon or lobster report card shall return or
report the card to the department pursuant to subsection
1.74(e) prior to
purchasing a second card.
(7) Data
recording and tagging procedures vary between report cards and species. See
specific regulations in sections
5.79,
5.87,
5.88,
27.92,
29.16, and
29.91 that apply in addition to
the regulations of this Section.
(d) Report Card Return and Reporting
Requirements
(1) Report card holders shall
return or report their salmon, steelhead, sturgeon, or abalone report cards to
the department pursuant to subsection
1.74(e) by
January 31 of the following year.
(A) Any
report card holder who fails to return or report his salmon, steelhead,
sturgeon, or abalone report card to the department by the deadline may be
restricted from obtaining the same card in a subsequent license year or may be
subject to an additional fee for the issuance of the same card in a subsequent
license year.
(2) Report
card holders shall return or report their lobster report cards pursuant to
subsection
1.74(e) by April
30 following the close of the lobster season for which the card was issued.
(A) Any report card holder who fails to
return or report his or her lobster report card by April 30 following the close
of the lobster season specified on the card shall be subject to a nonrefundable
non-return fee specified in Section
701, in addition to the annual
report card fee, for the issuance of a lobster report card in the subsequent
fishing season.
(e) Report Card Return and Reporting
Mechanisms:
(1) By mail or in person at the
address specified on the card. A report card returned by mail shall be
postmarked by the date applicable to that card as specified in subsection
1.74(d)(1) or
1.74(d)(2).
(2) Online through the department's license
sales service website by the date applicable to that card as specified in
subsection
1.74(d)(1) or
1.74(d)(2).
Report card holders reporting online will be provided a
confirmation number upon successful submission. The report card holder must
record the provided confirmation number in the space provided on the report
card and retain the report card for 90 days after the reporting deadline.
Report cards submitted online must be surrendered to the department upon
demand.
(3) If a report card
is submitted by mail and not received by the department, it is considered not
returned unless the report card holder reports his or her report card as lost
pursuant to subsection
1.74(f).
(f) Lost report cards.
(1) Lobster, salmon, and steelhead.
Notwithstanding subsection
1.74(c)(5), any
report card holder who loses his or her report card during the report card
period for which it is valid may purchase an additional report card by
submitting payment to an authorized license agent or department license sales
office. Catch information from the lost report card shall not be transferred to
the new card. Information from lost lobster, salmon, and steelhead report cards
shall be reported as specified in subsection
1.74(f)(3).
(2) Abalone and sturgeon. Notwithstanding
subsection
1.74(c)(5), any
report card holder who loses his or her report card during the period for which
it is valid may purchase a replacement report card.
(A) The Department may issue a replacement
report card for abalone and sturgeon upon completion of the following:
1. Submitting an affidavit to any department
license sales office containing all the information specified in subsection
1.74(f)(3)(B);
and
2. Submitting payment of the
report card fee and the non-refundable replacement-processing fee specified in
Section 701.
(B) Department staff shall enter the harvest
information from the affidavit to the replacement report card.
(C) Based on the information provided on the
affidavit, department staff shall remove tags reported as used and issue only
the number of tags that were reported as unused on the lost original report
card.
(D) Report card holders shall
verify that the harvest information has been accurately transferred from the
affidavit to his or her replacement report card.
(E) The replacement report card shall be
reported pursuant to the requirement for the original report card as specified
in subsection
1.74(d).
NOTE: the original report card should not be
reported.
(3)
Reporting requirements. Except for lost abalone and sturgeon report cards for
which a replacement card was purchased, all lost report cards shall be reported
by the harvest report submission deadline date applicable to that card as
specified in subsection
1.74(d)(1) or
1.74(d)(2) by one
of the following methods:
(A) Online through
the department's license sales service website; or
(B) Submitting an affidavit, signed under
penalty of perjury, to a department license sales office containing the
following information:
1. The report card
holder's full name, GOID#, and a statement confirming that the originally
issued report card is lost and cannot be recovered.
2. A statement containing the report card
holder's best recollection of the prior catch records that were entered on the
report card that was lost.
3. A
statement describing the factual circumstances surrounding the loss of the
report card.
1.
Renumbering of former section 1.74 to section
1.73 and new section 1.74 filed
5-21-86; effective upon filing pursuant to Government Code section
11346.2(d)
(Register 86, No. 21).
2. Amendment filed 6-1-87; operative 6-1-87
(Register 87, No. 24).
3. Amendment of section heading, newly
designated subsection (a) and NOTE and new subsection (b) filed 12-22-92;
operative 12-22-92 pursuant to sections
202 and
215,
Fish and Game Code (Register 92, No. 52).
4. Amendment of subsection
(a) filed 12-27-96; operative 12-27-96 pursuant to Fish and Game Code sections
202 and
215
(Register 96, No. 52).
5. Amendment of subsection (b) and NOTE filed
2-5-98; operative 3-1-98 pursuant to Fish and Game Code sections
202 and
215
(Register 98, No. 6).
6. Amendment of subsection (a) filed 8-5-99;
operative 8-5-99 pursuant to Fish and Game Code sections
202 and
215
(Register 99, No. 32).
7. Amendment of subsection (b) and amendment
of NOTE filed 6-26-2003; operative 7-26-2003 (Register 2003, No.
26).
8. Change without regulatory effect amending section heading
and subsection (b) filed 9-22-2004 pursuant to section
100, title 1, California Code of
Regulations (Register 2004, No. 39).
9. Amendment filed 8-4-2006;
operative 8-4-2006 pursuant to Government Code section
11343.4
(Register 2006, No. 31).
10. Amendment of subsection (a) and
amendment of NOTE filed 12-14-2007; operative 1-13-2008 (Register 2007, No.
50).
11. Amendment of section heading, repealer and new section and
amendment of NOTE filed 3-14-2008; operative 4-1-2008 pursuant to Government
Code section
11343.4
(Register 2008, No. 11).
12. Amendment of subsections (b)(1),
(c)(5)(C) and (d)(1) filed 2-9-2010; operative 3-1-2010 pursuant to Government
Code section
11343.4
(Register 2010, No. 7).
13. Amendment of section heading, section
and NOTE filed 4-12-2013; operative 7-1-2013 (Register 2013, No.
15).
14. Amendment of subsections (b)(1), (c)(1), (c)(5) and
(d)(1)(A), repealer of subsection (d)(2), subsection renumbering, amendment of
newly designated subsections (d)(2) and (d)(2)(A) and subsections (e)(1)-(3)
and (f)(2) and amendment of NOTE filed 2-28-2017; operative 3-1-2017 pursuant
to Government Code section
11343.4(b)(4)(A)
(Register 2017, No. 9).
15. Amendment of subsection (e)(2), repealer
and new subsections (f)-(f)(3)(A) and new subsections (f)(3)(B)-(f)(3)(B)3.
filed 2-25-2019; operative 3-1-2019 pursuant to Government Code section
11343.4(b)(4)(A)
(Register 2019, No. 9).
Note: Authority cited: Sections
200,
205,
265,
275,
1050,
1053.1,
1055.1
and
7380,
Fish and Game Code. Reference: Sections
110,
200,
205,
265,
275,
713,
1050,
1053.1,
1055.1,
7149.8,
7380,
7381
and
7382,
Fish and Game Code.
