1. (a) Except as provided in this article, there are no closed seasons, bag limits or size limits on saltwater clams.
2. (b) Fishing hours: one-half hour before sunrise to one-half hour after sunset.
3. (c) Gear restrictions. It shall be unlawful to use anything other than the following hand-operated devices to take clams: spades, shovels, hoes, forks, rakes, devices that use suction to remove clams commonly known as slurp guns or clam guns, or rigid pipes used to prevent the collapse of holes when digging for clams. It shall be unlawful to use any other device to take clams, including any hydraulic pump or other device capable of liquifying sand. It shall be unlawful to possess any such unauthorized device, except in a permanent residence, concurrently with any clam. No instrument capable of being used to dig clams may be possessed between one-half hour after sunset and one-half hour before sunrise, on any beach of this state, except tools and implements used in the work of cleaning, repairing or maintaining such beach when possessed by a person authorized by appropriate authority to perform such work.
4. (d) Clams that have a size limit shall be immediately measured. Any undersize clams, or other clams that are not retained, shall be immediately reburied in the area from which they were taken. All clams shall be kept in a whole and measurable condition until being prepared for immediate consumption. When taking or possessing clams each person is required to keep a separate container for their clams. It shall be unlawful to commingle one person's clams with clams taken by another person.

Note: Authority cited: Sections 200, 205 and 265, Fish and Game Code. Reference: Sections 200, 205, 255, 265, 270 and 275, Fish and Game Code.

History

1. Editorial correction of printing error in subsection (c) (Register 91, No. 31).

2. Change without regulatory effect amending Note filed 8-8-2019 pursuant to section 100, title 1, California Code of Regulations (Register 2019, No. 32).

3. Amendment of subsections (c) and (d) filed 3-8-2021 as an emergency; operative 3-8-2021 (Register 2021, No. 11). Emergency expiration extended 60 days (Executive Order N-40-20) plus an additional 60 days (Executive Order N-71-20). A Certificate of Compliance must be transmitted to OAL by 1-7-2022 or emergency language will be repealed by operation of law on the following day.

4. Amendment of subsections (c) and (d) refiled 12-16-2021 as an emergency; operative 1-8-2022 (Register 2021, No. 51). A Certificate of Compliance must be transmitted to OAL by 4-8-2022 or emergency language will be repealed by operation of law on the following day.

5. Amendment of subsections (c) and (d) refiled 3-16-2021 as an emergency; operative 4-11-2022 (Register 2022, No. 11). A Certificate of Compliance must be transmitted to OAL by 7-11-2022 or emergency language will be repealed by operation of law on the following day.

6. Certificate of Compliance as to 3-16-2022 order, including amendment of subsections (c)-(d) and amendment of Note, transmitted to OAL 5-27-2022 and filed 7-11-2022; amendments effective 7-11-2022 pursuant to Government Code section 11343.4(b)(3) (Register 2022, No. 28).