1. (a) Notwithstanding the surfperch fishing season as specified in Fish and Game Code subsection 8395(b), surfperch of the family Embiotocidae may only be taken between August 1st and April 30th, except shiner perch (Cymatogaster aggregata), which may be taken, sold, or purchased at any time. Notwithstanding the authorized sale and purchase dates specified in 8395(b), surfperch may be sold or purchased only between August 1st and May 10th.

2. (b) Surfperch of the family Embiotocidae of the following species: barred surfperch; redtailed surfperch; and calico surfperch, taken during the open season north of a line drawn east and west through Point Arguello may be shipped south of said line and sold or purchased subject to the following regulations:

   1. (1) All such fish shall be individually tagged by the permanent attachment of tags inscribed “California Department of Fish and Game-Surfperch” before shipment south of said line. Possession of such fish south of said line without attached prescribed tags is unlawful for commercial purposes.
   2. (2) Tagging shall be conducted only by licensed wholesale fish dealers, their agents, or employees designated by the department. Said designated dealers are defined as those signing receipts for tags delivered to their place of business by department employees at cost. Designated dealers shall be required to produce official receipts for all said species of surfperch in quantities consistent with and corresponding to the number of tags requested.
   3. (3) It shall be unlawful to transfer, transport or possess unused tags at any location other than the designated dealer's licensed place of business.
   4. (4) The possession of unused surfperch tags, or any surfperch tags not attached to surfperch is unlawful in any place where fish are sold south of said line.
   5. (5) A fee as specified in Section 705, for each tag order shall be paid to the department to cover administrative costs.

Surfperch of the family Embiotocidae may be taken, transported, possessed and sold for commercial purposes pursuant to the following conditions:

Note: Authority cited: Section 8395, Fish and Game Code. Reference: Section 8395, Fish and Game Code.

History

1. New section filed 9-13-55 as an emergency effective upon filing. (Register 55, No. 14).

2. Amendment filed 8-2-57; effective thirtieth day thereafter (Register 57, No. 12).

3. Amendment filed 8-26-60 as an emergency; effective upon filing (Register 60, No. 19).

4. Certificate of Compliance-section 11422.1, Government Code, filed 12-15-60 (Register 60, No. 25).

5. Repealer and new section filed 10-19-81; effective thirtieth day thereafter (Register 81, No. 43).

6. New subsection (e) filed 4-18-91; operative 5-18-91 (Register 91, No. 21).

7. Amendment of section heading, redesignation of first paragraph as subsection (b), new first paragraph and subsection (a) and subsection relettering and renumbering filed 2-2-2004; operative 3-3-2004 (Register 2004, No. 6).

8. Amendment of subsection (b)(5) filed 10-5-2010; operative 11-4-2010 (Register 2010, No. 41).

9. Change without regulatory effect amending subsection (a) filed 10-19-2023 pursuant to section 100, title 1, California Code of Regulations (Register 2023, No. 42).