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3nd three pounds In weight, but such striped bass must be caught
cniy with hook and line and must] not be bought, sold or offered
for .sale, or sliipped or offered for shipment,

[And be It provided, further, that nothing in this section shall
prohibit any person from holding in his possession, during the
closed season of June and July, striped bass legally caught in
open season, when the holder of such striped bass shall comply
with the regulations to be prescribed by the fish and game com-
mission.] Every person who violates any of the provisions of this
section is guilty of a misdemeanor. (In effect 90 days from and
after April 29, 1921, Stats. 1921, Chap. 162.) Penal Code, 1921.



ch.l.] STRIPED AND EXPORT BASS. §628a[2]

State of California to any place in any other state, territory
or foreign country any striped bass is guilty of a misde-
meanor. Every person who takes any striped bass or shad
in a net, any of the meshes of which are, when drawn close-
ly together and measured inside the knots, less than five and
one-half inches in length is guilty of a misdemeanor. Every
person who shall cast, extend or draw, or assist in casting,
extending or drawing any net or seine, for the purpose of
taking or catching any shad or striped bass in any of the
waters of this state at any time between sunrise of each Sat-
urday and sunset of the following Sunda}- is guilty of a mis-
demeanor;

[Limit.] provided, however, that nothing in this section
shall prohibit any person from having in his possession, at
any time, not more than five striped bass of less than three
pounds each in weight, caught with hook and line, but such
fish shall not be bought, sold or offered for sale, or shipped
or offered for shipment. Every person who violates any of
the provisions of this section is guilty of a misdemeanor.

History: Original section, regulating catching lobster, craw-
fish, etc., enacted March 27, 1895, Stats, and Amdts. 1S95, p. 259;
repealed March 31, 1897, Stats, and Amdts. 1897, p. 348; present
section enacted March 18, 1905, Stats, and Amdts. 1905, p. 186;
amended March 15, 1907 Stats, and Amdts. 1907, p. 302, Kerr's
Stats, and Amdts. 1906-7, p. 535; March 20, 1909, Stats, and
imdts. 1909, p. 520; March 16, 1911, Stats, and Amdts. 1911, p.
372; June 8, 1915, Stats, and Amdts. 1915, p. 1320. In effect Aug-
ust 8, 1915.

§628a[2]. SAME. Every person who, at any time, buys,
sells, offers for sale, or has in his possession, any striped
bass of less than three pounds in weight; or who, between
the seventeenth day of September and the twenty-third day
of October of any year, takes, catches, or kills, any striped
bass, with a net or seine; or who, between the seventeenth
day of September and the twenty-third day of October of
any year, has in his possession any striped bass taken, caught

349



§(,28li I'KNAL CODK. 1 Pt. 1 ,Tit.X V.

or killed except with hook and line; or who between the
seventeenth day of September and the twenty-third day of
October of any year, buys, sells, or offers for sale, ships, of-
fers for shipment, or receives for shipment or transportation
any striped bass; or who, at any time, offers for shipment,
ships, or receives for shipment or transportation from tl
state of California to any place in any other state, territor; ,
or foreign country any striped bass caught or taken in the
waters of this state, is guilty of a misdemeanor; provided,
that the possession of such striped bass shall be prima facit
evidence of the fact that such striped bass were caught oi
taken in tlie waters of this state.

History: Original section passed March 27, 1895, regulating
catching crawfish, lobsters, etc., Stats, and Amdts. 1895, p. 259
repealed March 11, 1897, Stats, and Amdts. 1897, p. 348; new
.section enacted March 18, 1905, Stats, and Amdts. 1905, p. 186:
amended March 15, 1907, Stats, and Amdts. 1907, p. 302, Kerr'f
Stats, and Amdts. 1906-7, p. 535; March 20, 1909.- Stats, and
Amdts. 1909, p. 520; March 16 and April 1, 1911, Stats, and
Amdts. 1911. pp. 372, 562. In oiVot-t immediately.



§628b. PROTECTION OF SACRAMENTO PERCH,
ETC., BLACK BASS. MISDEMEANOR. Every person
who, between the first day of December and the thirtieth
day of April inclusive, of the year following takes, catches,
kills or has in his possession any Sacramento perch, crappie,
bluegill sunfish or green sunfish, or who, in any fish and
game district other than districts three and Jour, between
the first day of December and the thirtieth day of April, in-
clusive, of the year following, takes, catches, kills or has in
his possession any black bass, or who, in fish and game dis-
tricts three or four, between the first day of December and
the first day of March, inclusive, of the year following, takes,
catches, kills or has in his possession any black bass, or who,
except with hook and line and in the manner commonlj
known as angling, takes, catches or kills any black ])ass

350



62Sb. Protection of Perch; Sunfish; Bass. Every person who
[at any time, except with hook and line and in the manner com-
monly known as angling, takes, catches or kills any black bass,
Sacramento oerch, crappie, calico bass or any variety of sunfish,
or has in his possession more than twenty-five black bass, Sacra-
mento perch, crappie, calico bass or any variety of sunfish, during
one calendar day, or who takes, catches, kills or has in his posses-
sion any black bass less than seven inches in length, or who buys,
sells, offers or exposes for sale any black bass, Sacramento perch,
crappie, calico bass or any variety of sunfish; every person who in
any fish and game district,] between the first day of December
and the thirtieth day of April of the year following, [both dates
inclusive,] takes, catches, kills or ha.= in his possession any [black
bass.l Sacramento perch, crappie, [calico bass or any variety of
sunfish,] is guilty of a misdemeanor.

[Nothing in this section snail prohibit the taking of black bass
at any time in any lake exceeding seventy-five square miles in area
within the boundaries of fish and game district number two, or
prohibit the possession within the boundaries of fish and game
district number two, of black bass taken in such lake or lakes.

[Every person who, at any time, has in his possession for sale,
or sells, or offers for sale, any catfish, between the fifteenth day
of May and the fourteenth day of August, inclusive, of any year,
or who at any time has in his possession for sale, or sells, or
offers for sale, any dressed catfish, which shall measure less than
seven inches in length, exclusive of any part of the head, or who
at any time has in his possession for sale, or sells, or offers for
sale, any undressed catfish less than nine inches in length, or who
retains any catfish in live cars or boats that do not measure nine
inches in length, or who at any time, within a period of five years,
kills or has in his possession any sturgeon, is guilty of a mis-
demeanor.

[Nothing in this section, or elsewhere in this code, shall prohibit
the state fish and game commission, or persons authorized by it,
from taking at all times such fish as they may deem necessary for
scientific purposes, or for purposes of propagation.] an effect 90
days from and after April 27. 1917. Stats. 1917, Chap. .=;25.)

Pen. Code, 1917.



628b. Protection of Perch, Sunfish, Bass, Catfish, Sturgeon.
Every person who at any time, except with hook and line and in
the manner commonly iinown as angling, takes, catches or kills
any black bass, Sacramento perch, crappie, calico bass or any
variety of sunfish, or has in his possession more than twenty-
five black bass, Sacramento perch, crappie, calico bass or any
variety of sunfish, during one calendar day, or who takes, catches,
kills or has in his possession any black bass less than seven
inches in length, or who buys, sells, offers or exposes for sale
any black bass, Sacramento perch, crappie, calico bass or any
variety of sunfish; ever>' person w"ho in any flsh and game dis-
trict, between the first day of December and the thirtieth day of
April of the year following, both dates inclusive, takes, catches,
kills or has in his possession any black bass, Sacramento perch,
crappie, calico bass or any variety of sunfish, is guilty of a mis-
demeanor[; provided, that in fish and game district four "E,"
black bass may be taken in the manner and amount provided else-
where In this section at any time of the year. Black bass so
taken may be possessed In fish and game district four].

Nothing in this section shall prohibit the taking of black bass
at any time in any lake exceeding seventy-five square miles in
area within the boundaries of fish and game district number two,
or prohibit the possession within the boundaries of fish and game
district number two, of black bass taken in such lake or lakes.

Every person who, at any time, has in his possession for sale,
or sells, or offers for sale, any catfish, between the fifteenth day
of May and the fourteenth day of August, inclusive, of any year,
or who at any time has in his possession for sale, or sells, or
ofTers for sale, any dressed catfish, which shall measure less than
seven Inches in length, exclusive of any part of the head, or
who at any time has In his possession for sale, or sells, or offers
for sale, any undressed catfish less than nine inches in length,
or who retains any catfish in live cars or boats that do not
measure nine Inches in length, or who at any time, within a
period of five years, kills or has in his possession any sturgeon,
Ifi guilty of a misdemeanor.

Nothing in this section, or elsewhere in this code, shall prohibit
the state flsh and game commission, or persons authorized by it,
from taking at all times such fish as they may deem necessary
for scientific purposes, or for purposes of propagation. (In effect
90 days from and after April 29, 19?1. Stats. 1921, Chap. 347.)

Penal Code, 1921.



62Se. Protection of Whiting, Barracuda. Every person who
in fish and game district number nineteen at any time except
with hook and line, taltes, catches or kills any California whiting
(Menticirrhus undulatus) also known as surf flsh, or any yellow-
fln or any spot-fln croaker; every person who, at any [time buys,]
sells, offers, or exposes for [sale California] whiting (Menticirrhus
undulatus), also known as surf flsh [and corbina] or any yellow-
fin or any spot-fin croaker, [or any golden croaker, and] every
person who, at any time buys, sells, offers or exposes for sale
[or who has In his possession more than fifty pounds of] any/
southern, bastard or chicken halilput (Paralichthys californicus) of
less than four pounds in weight, or any barracuda less than three
pounds in weight, or any albacore weighing less than six pounds,
is guilty of a misdemeanor. And all fines collected for any viola-
tion of any of the provisions of this section shall be paid into
the state treasviry to the credit of the "flsh commission fund."
(In effect 90 days from and after April 29, 1921. Stats. 1921.
Chap. 166.) Penal Code, 1921.



i



628c. Young Fish of Any Species; Fisli in Pond or Reservoir
Belonging to State; Penalty. Every person who, by seine or
other means, catches the young fish of any species and does not
immediately return the same to the water alive, or who buys,
sells or offers for sale, or has in his possession, any of such fish,
whether fresh or dried, or who [takes or catches any fish for the
sole purpose of taking the eggs or ova of such fish, or who] catches,
takes, kills or carries away any fish fiom any pond or reservoir
belonging to, or contiolled In- the [state fish and game commission,
or who takes, catches, or kills any kind of fish, in any manner, in
any river or stream upon which a spawn-taking station is main-
tained within one-half mile of the lower side of such spawn-taking
station or in any lake upon which a spawn-taking station is main-
tained within one-half mile of such spawn-taking station during
such time as said spawn-taking stations may be In operation, or
who in fish and game district number fourteen at any time takes,
catches, or kills, any kind of fishj is guilty of a misdemeanor.
Xothing in this .' - eetion, or elsewhere in this [code, shalll proliibit
[the state fish and game commission, or persons authorized by
them] from taking at all times such fish as they may deem
necessary for scientific purposes oi- for purposes of propagation.
(In effect 90 days from and after April 22, 1919. Stats. 1919, Chap.
299.) Penal Code, 1919.



ch.I.] YOUNG FISH, POND FISH. § 628c

Sacramento perch, crappie, bluegill sunfish or .green sunfish,
or who takes, catches, kills or has in his possession more
than twenty-five black bass, Sacramento perch, crappie, blue-
Igill sunfish or green sunfish during any one calendar day, or
who takes, catches, kills or has in his possession any black
bass less than seven inches in length, or who buys, sells or
offers for sale any black bass, Sacramento perch, crappie,
bluegill sunfish or green sunfish is guilty of a misdemeanor.

History: Enacted March 18, 1905, Stats, and Amdts. 1905, p.
187; amended March 15, 1907. Stats, and Amdts. 1907, p. 302,
Kerr's Stats, and Amdt.s. 19o6-7, p. 535; June IG, 1913, Stats, and
Amdts. 1913, p. IOCS; May 19, 1915, Stats, and Amdts. 1915, p. 596.
Ill effect August 8, J 91 5.



§628c. YOUNG FISH OF ANY SPECIES. FISH IN
POND OR RESERVOIR BELONGING TO STATE.
PENALTY. Every person who, by seine or other means,
catches the young fish of any species and does not immedi-
ately return the same to the water alive, or who buys, sells
or offers for sale, or has in his possession, any such fish,
whether fresh or dried; or who catches, takes, kills, or carries
away any fish from any pond or reservoir belonging to, or
controlled l)y, the board of fish commissioners, or any per-
son or corporation, without the consent of the owners there-
of, which pond or reservoir has been stocked with fish; or
who, except with hook and line, takes, catches, or kills anj-
kind of fish in any river or stream upon which a fish hatch-
ery is maintained, is guilty of a misdemeanor. Nothing in
this section, or elsewhere in this code contained, shall pro-
hibit the United States fish commission and the fish commis-
sion of this state, from taking at all times such fish as they
may deem necessary for scientific purposes or for purposes
of propagation.



HiNtury: Enacted March 18, 1905, Stats, and Amdts. 1905, p.
87.



351



§§028(I,()28c l^KXAl. CODE. I IM.T.Til.XX .

§628d. FINE OR IMPRISONMENT. DISPOSITION
OF FINES. Every person found guilty of a Violation of
any of the provisions of sections six hundred and twenty-
eight, six hundred and twenty-eight a, six hundred and twen-
ty-eight b, and six hundred and twenty-eight c, shall be pun-
ished b}^ a fine of not less than twenty dollars nor more than
five hundred dollars, or by imprisonment in the county jail,
in the county in which the conviction is had, not less than
twenty nor more than one hundred and fifty days, or by both
such fine and imprisonment. All fines collected for any vio-
lation of any of the provisions of said sections must be paid
into the state treasury to the credit of the "fish commission
fund."

HLstory: Enacted March 18, 190."), Stats, and Amdts. 190.''), p.
187.

§628e. PROTECTION OF WHITING, BARRACUDA,
ETC. Every person who in fish and game district number
ninel;een at any time except with hook and line, takes,
catches or kills any California whiting (Menticirrhus undu-
latus) also known as surf fish, or any yellow-fin or any spot-
fin croaker; every person who, at any time within the period
of five years, buys, sells, oflfers, or exposes for sale any Cali-
fornia whiting (Menticirrhus undulatus), also known as surf
fish, or any yellow-fin or any spot-fin croaker; every person
who, at any time, buys, sells, ofifers or exposes for sale any
southern, bastard or chicken halibut (Paralichthys californi-
cus) of less than four pounds in weight, or any barracuda
less than eighteen inches in length, or albicore weighing less
than six pounds, is guilty of a misdemeanor.

[Disposition of fines paid.] And all fines collected for any
violation of any of the provisions of this section shall be paid
into the state treasury to the credit of the "fish commission
fund."

History: Enacted March 18, 1909, Stats, and Amdts. 1909, p.
413; amended May 21, 1915, Stats, and Amdts. 1915, p. 730. In
effect August 8, 1915.

352



628e Protection of Whiting, Barracuda. Kvery person who
in fish and same distri.t number nineteen at any time except with
hook and line, takes, catches or kills any California whitms
(Menticirrhns undulatus) also known as surf fish, or any yellow-
fin or any spot- fin croaker; every person who, at any time within
the period of [three! years, buys, sells, offers, or exposes for sale
anv California whiting (Menticirrhus undulatus), also known as
surf fish or anv vellow-fin or any spot-fin croaker; every person
l^who. at any time buys, sells, offers or exposes for sale any
Isouthern. bastard or chicken halibut (Paralichthys californicus)
Fof less than four pounds in weight, or any barracuda less than
? rthree pounds in weight,! or any albicore weighing less than six
• pounds, is guiltv of a misdemeanor. And all fines collected for
anv violation of any of the provisions of this section shall be paid
into the state treasury to the credit of the "Ash commission
ft fund." (In effect 90 days from and after April 27. 1917 S ats.
^1917. Chap. 111.) P«"- code, 1917.



628f. Abalone, Pismo Clams, Cockles, Razor Clams, Rubber Neck
Big Neck or Great Washington Clams. Every person who, between
the first day of February and the thirtieth day of April of the same
year, both dates inclusive, takes, catches, kills, or has in his posses-
sion any red abalone (Haliotis rufescens), or who, between the first
day of February and the thirtieth day of April of the same year,
both dates inclusive, takes, catches, kills or has in his possession
any pink abalone (Haliotis corrugata), or any black abalone (Hali-
otis crackerodie), or any green abalone (Haliotis fulgens) is guilty
of a misdemeanor. Every person who at any time, takes, catches,
kills or has in his possession any red abalone (Haliotis rufescens)
the shell of which is less than seven inches in greatest diameter,
or any green abalone (Haliotis fulgens) the shell of which is less
than six and one-half inches in greatest diameter, or any pink
abalone (Haliotis corrugata) the shell of which is less than six
inches in greatest diameter, or any black abalone (Haliotis cracker-
odie) the shell of which is less than five inches in greatest diam-
eter, or who by any means whatsoever, takes, or catches any
abalone (Haliotis) and does not bring the same naturally attached
to the shell and alive, to the shore above high water mark, or
who takes, catches or kills any abalone (Haliotis) for other than
food purposes, or who, at any time, dries any abalpnes (Haliotis),
or who offers for shipment, or ships, or receives for shipment or
transportation from the State of California to any place in any
other state, territory or foreign country any abalone meat or
abalone shells, excepting articles manufactured from abalone
shells; or who takes, catches, kills or has in his possession any
abalone (Haliotis) taken, caught or killed with a spear shall be
guilty of a misdemeanor. Every person who, in fish and game
districts seventeen, nineteen and twenty of this state, uses or
assists in using any diving apparatus of any character for the
taking or catching of any abalone (Haliotis), or who, in fish
and game districts four or nineteen, takes, catches or kills or
has in possession during any one calendar day more than ten
abalone (Haliotis) ; or who, in fish and game district seventeen
takes, catches, kills or has in possession more than twenty abalone
in any one calendar week shall be guilty of a misdemeanor.

None of the provisions of this act shall apply to abalone [or
clams] caught or taken without the waters of this state and
bearing after inspection such evidence of having been so caught or
taken as may be hereinafter prescribed by the fish and game
commission; and, be it provided, that the expense of such inspec-
tion shall be borne by the importer of such abalone (Haliotis).

Every person who gathers or takes in any manner [or destroys]
or has in his possession any clam known as the Pismo clam (Tivela
stultorum) which shall measure less -than four and three-quarters
inches across its shell in the greatest breadth, cr who, during any



one calendar day, takes, nathers in any manner or has in his
possession more than [thirty-slxl of said clams, or who, between
the first day of May and the thirty-first day of August, both dates
inclusive, of any year, takes, catches or gathers any clams in
fish and game district seventeen is guilty of a misdemeanor.

Every person who takes, gathers in any manner or lias in liis »J

possession, or who ships, offers for shipment, sells or offers for ,

sale any cookies or littlo-neck clams (Tapes staminea) measuring '

less than one and one-half inches in its greatest breadth; every \

person who takes, catches or gathers in any manner any razor «

clam (Siliqua patula), except during a period of forty-eight hours '

beginning at the first low tide after the first high tide (large i

water) of the full moon of each month and for a period of forty- <
eight hours beginning at the first mean low tide after the first

high tide (large water) of the new moon of each month, or who '

takes, catches or gathers in any way more than fifty of said razor \
clams (Silifiua patula) during any one calendar day is guilty of a

misdemeanor. j|

[Every person who during any one calendar day takes, gathers I

In any manner, or has in his possession, or who ships, offers for ]

shipment, sells or offers for sale, more than ten clams of the ;

species Schizothoerus muttallll, variously known as rubber-neck, ,;

big neck or great Washington clam, is guilty of a misdemeanor.] -i

Every person wlio takes, catches or kills or has in possession J

any clam or clams taken from fish and game districts eight or j

nine, between the first day of May and the thirty-first day of |

August of any year, both dates inclusive; or who at any time j

ships or offers for shipment or receives for shipment or transpor- \

tation, to any place outside tlie limits of fish and game district \

one, any clam or clams of any species taken in fish and game I

districts seven, eight or nine, is guilty of a misdemeanor. ,

Every person violating any of the provisions of this section upon

conviction thereof shall be punished by a fine of not less than I

twenty-five nor more than five hundred dollars or by imprisonment j

in the county jail in the county in which tlie conviction shall be ,
had not fess than ten days nor more than six months or by both

such fine and imprisonment; all fines and forfeitures imposed ;
or collected tor any violation of the orovisions of this section must

be paid into the state treasury to the credit of the fish and game \

presentation fund. (In effect GO days from and after April 22, j

1919. Stats. 1919, Chap. 314.) Penal Code, 1919. 1



628f. Pismo Clams; Cockles, Razor Clams; Crabs. [Every
person who, between the first day of February and the last day
of February of the same year, both dates inclusive, takes, catches,
kills, or has in his possession any red abalone (Haliotis rufescens),
or who, between the first day of February and the thirtieth day of
April of the same year, both dates inclusive, takes, catches, kills
or has in his possession any pink abalone (Haliotis corrugata), or
any black abalone (Haliotis crackerodie), or any green abalone
(Haliotis fulgens) is guilty of a misdemeanor. Every person who
at any time, takes, catches, kills or has in his possession any red
abalone (Haliotis rufescens) the shell of which Is less than seven
inches in greatest diameter, or any green abalone (Haliotis ful-
gens) the shell of which is less than six and one-half inches in
greatest diameter, or any pink abalone (Haliotis corrugata) the
shell of which is less than six inches in greatest diameter, or any
black abalone (Haliotis crackerodie) the shell of which is less than
five inches in greatest diameter, or who by any means whatsoever,
takes, or catches any abalone (Haliotis) and does not bring the
same naturally attached to the shell and alive, to the shore above
high water mark, or who takes, catches or kills any abalone



Online LibraryCaliforniaThe codes of California as amended and in force at the close of the Forty-first session of the Legislature, 1915 (Volume 4 Penal Code) → online text (page 30 of 87)