Current through Register 2024 Notice Reg. No. 38, September 20, 2024
(a) Eel River, Mad River, Mattole River,
Redwood Creek, Smith River and Van Duzen River. Stream closures: Special Low
Flow Conditions.
(1) From September 1 through
April 30:
(A) Any of the stream reaches
listed in subsections (a)(2) through (8) below shall be closed to all angling
on Tuesday and Wednesday when the department determines that the flow on the
previous Monday at any of the designated gauging stations is less than the
minimum flows set forth in subsections (a)(2) through (8).
(B) Any of the stream reaches listed in
subsections (a)(2) through (8) below shall be closed to all angling on Thursday
and Friday when the department determines that the flow on the previous
Wednesday at any of the designated gauging stations is less than the minimum
flows set forth in subsections (a)(2) through (8).
(C) Any of the stream reaches listed in
subsections (a)(2) through (8) below shall be closed to all angling from
Saturday through Monday when the department determines that the flow on the
previous Friday at any of the designated gauging stations is less than the
minimum flows set forth in subsections (a)(2) through (8).
(D) Notwithstanding subsections (a)(1)(A)
through (C), the department may close or keep a stream reach closed to fishing
when the minimum flow is exceeded on the scheduled flow determination day if
the department is reasonably assured that the stream flow is likely to decrease
below the minimum flow as specified in subsections (a)(2) through (8) before or
on the next flow-determination date.
(E) The department may reopen a stream at any
time during a closed period if the minimum flow as specified in subsections
(a)(2) through (8) is exceeded and the department is reasonably assured that it
will remain above the minimum flow until the next scheduled Monday, Wednesday,
or Friday flow determination. The department shall make information available
to the public by a telephone recorded message updated, as necessary, no later
than 1:00 p.m. each Monday, Wednesday, and Friday as to whether any stream will
be open or closed to fishing. It shall be the responsibility of the angler to
use the telephone number designated in the sport fishing regulations booklet to
obtain information on the status of any stream.
(2) Eel River
(A) From the mouth to Fulmor Road, at its
paved junction with the south bank of Eel River. Closed to angling, except:
1. Legal fishing methods other than angling
are permitted.
2. From the mouth to
Cock Robin Island Bridge, angling from shore for non-salmonids is permitted.
Minimum Flow: 350 cfs at the gauging station near
Scotia.
(B) The
main stem Eel River from the paved junction of Fulmor Road with the Eel River
to the South Fork Eel River.
Minimum Flow: 350 cfs at the gauging station near
Scotia.
(3) The
South Fork of the Eel River downstream from Rattlesnake Creek and the Middle
Fork Eel River downstream from the Bar Creek.
Minimum Flow: 340 cfs at the gauging station at
Miranda.
(4) Van Duzen
River: The main stem Van Duzen River from its junction with the Eel River to
the end of Golden Gate Drive near Bridgeville (approximately 4,000 feet
upstream from the Little Golden Gate Bridge).
Minimum Flow: 150 cfs at the gauging station near Grizzly
Creek Redwoods State Park.
(5) Mad River: The main stem Mad River from
the Hammond Trail Railroad Trestle to Cowan Creek.
Minimum Flow: 200 cfs at the gauging station at the
Highway 299 bridge.
(6)
Mattole River: The main stem of the Mattole River from the mouth to Honeydew
Creek.
Minimum Flow: 320 cfs at the gauging station at
Petrolia.
(7) Redwood Creek:
The main stem of Redwood Creek from the mouth to its confluence with Bond
Creek.
Minimum Flow: 300 cfs at the gauging station near the
Highway 101 bridge.
(8)
Smith River: The main stem Smith River from the mouth of Rowdy Creek to the
mouth of Patrick Creek (tributary of the Middle Fork Smith River); the South
Fork Smith River from the mouth upstream approximately 1000 feet to the County
Road (George Tyron-) bridge and Craigs Creek to its confluence with Jones
Creek; and the North Fork Smith River from the mouth to its confluence with
Stony Creek.
Minimum Flow: 600 cfs at the Jedediah Smith Redwoods
State Park gauging station.
THE NUMBER TO CALL FOR INFORMATION IS (707)
822-3164.
(b)
Mendocino, Sonoma, and Marin County coastal streams: Stream Closures: Special
Low Flow Conditions.
(1) From September 1
through April 30 :
(A) Any of the stream
reaches listed in subsections (b)(2) through (5) below shall be closed to all
angling on Tuesday and Wednesday when the department determines that the flow
on the previous Monday at the applicable designated gauging stations is less
than the minimum flows set forth in subsections (b)(2) through (5).
(B) Any of the stream reaches listed in
subsections (b)(2) through (5) below shall be closed to all angling on Thursday
and Friday when the department determines that the flow on the previous
Wednesday at the applicable designated gauging stations is less than the
minimum flows set forth in subsections (b)(2) through (5).
(C) Any of the stream reaches listed in
subsections (b)(2) through (5) below shall be closed to all angling from
Saturday through Monday when the department determines that the flow on the
previous Friday at the applicable designated gauging stations is less than the
minimum flows set forth in subsections (b)(2) through (5).
(D) Notwithstanding subsections (b)(1)(A)
through (C), the department may close or keep a stream reach closed to fishing
when the minimum flow is exceeded on the scheduled flow determination day if
the department is reasonably assured that the stream flow is likely to decrease
below the minimum flow as specified in subsections (b)(2) through (5) before or
on the next flow-determination date.
(E) The department may reopen a stream at any
time during a closed period if the minimum flow as specified in subsections
(b)(2) through (5) is exceeded and the department is reasonably assured that it
will remain above the minimum flow until the next scheduled Monday, Wednesday,
or Friday flow determination.
(F)
The department shall make information available to the public by a telephone
recorded message updated, as necessary, no later than 1:00 p.m. each Monday,
Wednesday, and Friday as to whether any stream will be open or closed to
fishing. It shall be the responsibility of the angler to use the telephone
number designated in the sport fishing regulations booklet to obtain
information on the status of any stream.
THE NUMBER TO CALL FOR INFORMATION IS (707) 822-3164 for
Mendocino County and (707) 944-5533 for Sonoma, Marin, and Napa
Counties.
(2) All
rivers, creeks, and streams that flow directly into the Pacific Ocean (and its
bays) in Mendocino County, except for the Russian and Gualala rivers. This
excludes sections and reaches above fish migration barriers, dams, and natural
features that prevent upstream anadromous migration.
Minimum Flow: 200 cfs at the USGS gauging station on the
main stem Navarro River near Navarro, CA.
(3) All rivers, creeks, and streams that flow
directly into the Pacific Ocean (and its bays) in Sonoma and Marin Counties,
except for the Russian River. This excludes sections and reaches above fish
migration barriers.
Minimum Flow: 150 cfs at the gauging station on the South
Fork Gualala River near Sea Ranch (Sonoma County).
(4) Russian River main stem below the
confluence of the East Branch Russian River (Mendocino and Sonoma Counties),
Laguna de Santa Rosa, and Santa Rosa Creek.
Minimum Flow: 300 cfs at the gauging station located on
the main stem Russian River near Guerneville (Sonoma County).
(5) The Napa River (Napa County) between
Trancas Avenue in Napa and Oakville Cross Bridge near Yountville.
Minimum Flow: 15 cfs at the gauging station at the Oak
Knoll Bridge on the main stem Napa River.
(c) South Central Coast Streams -- Special
Low Flow Closures: During December 1 through March 7, the following streams
(subsections (c)(1) through (5)) will be closed to fishing when the department
determines that stream flows are inadequate to provide fish passage for
migrating steelhead trout and salmon. Closed streams will be reopened when the
department determines flows are adequate for fish passage.
(1) Pescadero Creek and all anadromous
reaches of San Mateo Co. coastal streams normally open for fishing, from Elliot
Creek through Milagro Creek, shall be closed to all fishing when the department
determines that the Pescadero Creek flows are impeding fish passage. (U. S. G.
S. gauging station is on Pescadero Creek.)
(2) Aptos and Soquel Creeks (Santa Cruz Co.)
shall be closed to all fishing when the department determines that the Soquel
Creek flows are impeding fish passage. (U. S. G. S. gauging station on Soquel
Creek.)
(3) The Pajaro River and
Uvas, Llagas, and Corralitos Creeks (Santa Cruz, Monterey, & Santa Clara
Cos.) shall be closed to all fishing when the department determines that the
Pajaro River flows are impeding fish passage. (U. S. G. S. gauging station on
the lower Pajaro River.)
(4) The
main stem of the Salinas River (Monterey Co.), below its confluence with the
Arroyo Seco River, shall be closed to all fishing when the department
determines that the flows are impeding fish passage (U. S. G. S. Spreckels
gauging station on the Salinas River.)
(5) The Arroyo Seco River (Monterey Co.)
shall be closed to all fishing when the department determines that the flows
are impeding fish passage. (Flows to be evaluated at U. S. G. S. Spreckels
gauging station on the Salinas River and the U. S. G. S. gauging station near
Geenfield on the Arroyo Seco River.)
(6) The San Lorenzo River and all its
tributaries, as well as all anadromous reaches of coastal streams normally open
for fishing in Santa Cruz Co. from the San Lorenzo River north through Waddell
Creek, shall be closed to all fishing when the department determines that the
flow at the U.S.G.S. gauging station (#11160500) in the San Lorenzo River at
Big Trees is less than 40 cfs.
(7)
The Carmel River main stem, and the adjacent waters of San Jose, Gibson,
Malpaso, and Soberanes Creeks that are west of Highway 1 (Monterey Co.), shall
be closed to all fishing when the department determines that the flow at the U.
S. G. S. gauging station near Carmel is less than 80 cfs.
(8) The Big Sur River main stem west of the
Highway 1 bridge, all of Limekiln Creek and its tributaries, and the anadromous
portions of all other Big Sur Coast streams west of Highway 1 in Monterey Co.,
from Granite Creek south to Salmon Creek, shall be closed to all fishing when
the department determines that the flow at the U. S. G. S. gauging station on
the Big Sur River is less than 40 cfs.
(9) The stream flow gauges referred to above
in subsections (c)(6) through (8) will be checked on Tuesday and Friday of each
week. The decision as to whether these rivers will be open or closed to fishing
will take place only on Tuesday and Friday of each week. In the event that
river flow differs later in the week, the fishing status for each specific
river will not change until the day following the next scheduled
reading.
(10) It shall be the
responsibility of the angler to use the telephone number designated in the
sport fishing regulations booklet to obtain information on the status of any of
the rivers or creeks listed above in subsections (c)(1) through (8).
THE NUMBER TO CALL FOR INFORMATION IS (831)
649-2886.
1.
Repealer and new section filed 3-1-90; operative 3-1-90 (Register 90, No. 10).
For prior history, see Register 89, No. 46.
2. Amendment of
subsection (c)(4) filed 9-17-91 as an emergency; operative 9-17-91 (Register
92, No. 13). A Certificate of Compliance must be transmitted to OAL 1-15-92 or
emergency language will be repealed by operation of law on the following
day.
3. Repealer of subsection (b) and subsection relettering filed
12-22-92; operative 12-22-92 pursuant to sections
202 and
215,
Fish and Game Code (Register 92, No. 52).
4. Editorial correction
restoring inadvertently omitted subsection (now designated (c)) and correcting
HISTORY notes (Register 92, No. 52).
5. Amendment of subsection
(b)(2), (b)(4)-(5) and (b)(9) filed 3-7-94; operative 3-7-94 pursuant to Fish
and Game Code sections
202 and
215
(Register 94, No. 10).
6. Amendment of subsection (b), repealer of
subsections (b)(2), (b)(4) and (b)(5), subsection renumbering, and amendment of
NOTE filed 2-9-96; operative 2-9-96 pursuant to Fish and Game Code sections
202 and
205
(Register 96, No. 6).
7. Amendment of subsections (b)(2) and (b)(5)
filed 7-24-97; operative 7-25-97 pursuant to Fish and Game Code sections
202 and
215
(Register 97, No. 30).
8. Amendment of subsections (b) and (b)(7),
new subsection (d) 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).
9. Amendment of subsections (b), (b)(1) and
(d) 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 section heading, repealer
of first paragraph and subsections (a)-(a)(3), subsection relettering and
amendment of newly designated subsection (a)(2) filed 1-10-2002; operative
1-1-2002 pursuant to Fish and Game Code sections
202 and
215
(Register 2002, No. 2).
11. Amendment of subsections (a) and (a)(4)
and new subsections (d)-(d)(9) filed 2-24-2004; operative 3-1-2004 pursuant to
Government Code section
11343.4
(Register 2004, No. 9).
12. Amendment of subsection (b) and new
subsections (b)(1)-(2) filed 2-28-2007; operative 2-28-2007 pursuant to
Government Code section
11343.4
(Register 2007, No. 9).
13. Repealer of subsection (c) and
subsection relettering filed 12-27-2007; operative 1-26-2008 (Register 2007,
No. 52).
14. Amendment of subsections (a), (a)(2) and (a)(7) filed
2-9-2010; operative 3-1-2010 pursuant to Government Code section
11343.4
(Register 2010, No. 7).
15. Amendment of subsections (a)(3), (a)(7),
(b)(1), (c) and (c)(2) filed 12-27-2012; operative 1-1-2013 pursuant to
Government Code section
11343.4
(Register 2012, No. 52).
16. Amendment of subsections (a), (a)(7)
and (b) filed 2-19-2014 as an emergency; operative 2-19-2014 (Register 2014,
No. 8). A Certificate of Compliance must be transmitted to OAL by 8-18-2014 or
emergency language will be repealed by operation of law on the following
day.
17. Reinstatement of section as it existed prior to 2-19-2014
emergency amendment by operation of Government Code section
11346.1(f)
(Register 2014, No. 34).
18. Amendment of subsections (a) and
(a)(7), repealer and new subsections (b)-(b)(2) and new subsections
(b)(3)-(b)(4) filed 2-23-2015; operative 2-23-2015 pursuant to Government Code
section
11343.4(b)(4)(A)
(Register 2015, No. 9).
19. Amendment of subsection (b) and
amendment of NOTE filed 2-27-2018; operative 3-1-2018 pursuant to Government
Code section
11343.4(b)(4)(A)
(Register 2018, No. 9).
20. Amendment of subsections (a)-(a)(1), new
subsections (a)(1)(A)-(B) and amendment of subsection (b) filed 1-14-2022 as an
emergency; operative 1-31-2022 (Register 2022, No. 2). A Certificate of
Compliance must be transmitted to OAL by 8-1-2022 or emergency language will be
repealed by operation of law on the following day.
21. Amendment of
subsections (a)-(a)(1), new subsections (a)(1)(A)-(B) and amendment of
subsection (b) refiled, including amendment of subsection (a)(1)(A), 7-22-2022
as an emergency; operative 8-1-2022 (Register 2022, No. 29). A Certificate of
Compliance must be transmitted to OAL by 10-31-2022 emergency language will be
repealed by operation of law on the following day.
22. Certificate
of Compliance as to 7-22-2022 order, including further amendment of section,
transmitted to OAL 10-20-2022 and filed 12-6-2022; amendments effective
12-6-2022 pursuant to Government Code section
11343.4(b)(4)(A)
and Fish and Game Code section
265
(Register 2022, No. 49).
Note: Authority cited: Sections
200,
205,
265 and
270,
Fish and Game Code. Reference: Sections
200,
205 and
265,
Fish and Game Code.
