California Code of Regulations
Title 14 - Natural Resources
Division 1 - Fish and Game Commission-Department of Fish and Game
Subdivision 1 - Fish, Amphibians and Reptiles
Chapter 6 - Fish, Commercial
Section 146 - Sampling Methods
Current through Register 2024 Notice Reg. No. 38, September 20, 2024
Samples taken pursuant to this section establish a rebuttable presumption that the sampling results are evidence of the true condition of the entire load or lot in the examination of which the sample was taken. The presumption established by this section is a presumption affecting the burden of proof.
(a) In sampling loads or lots of fish to determine species or size composition by number or weight, a minimum of five subsamples shall be taken at reasonable intervals throughout the unloading process. The department shall prescribe methods of selecting samples which shall be reasonably calculated to produce by such sampling fair representations of the composition of the entire load or lot which is sampled.
(b) To insure reasonable calculation of fair representation of composition, subsamples shall be taken to provide that the following minimum sample sizes are attained when dealing with the prescribed percentage tolerances:
| Percentage Tolerance | Minimum Total Sample Size (in number of fish) |
| 50% | 378 |
| 40% | 363 |
| 30% | 318 |
| 25% | 284 |
| 18% | 223 |
| 15% | 193 |
(c) Samples shall be taken and evaluated by deputized Wildlife Protection personnel or other designated personnel trained and certified by the department to conduct sampling activities established pursuant to this section.
1. New
Section filed 7-7-55 as an emergency; effective upon filing (Register 55, No.
10).
2. Amendment filed 4-21-60; effective thirtieth day thereafter
(Register 60, No. 9).
3. Amendment filed 1-4-66; effective thirtieth
day thereafter (Register 66, No. 1).
4. Repealer and new section
filed 10-19-81; effective thirtieth day thereafter (Register 81, No.
43).
Note: Authority cited: Sections 7701, 7702, 7708 and 8189, Fish and Game Code. Reference: Sections 7700- 7710.5, 8075- 8080 and 8180- 8189, Fish and Game Code.
