2345-2371
FISH AND GAME CODE
SECTION 2345-2371
2345. This article applies to all dead wild birds, mammals, fish,
reptiles, and amphibians. This article also applies to live mollusks
and crustaceans that are transported for purposes other than
placement in the waters of this state. This article does not apply to
animals imported for purposes of aquaculture under Division 12
(commencing with Section 15000).
2346. It is unlawful for a common carrier or his or her agent to
transport for, or to receive for transportation from, any one person,
during any interval of time, more than the bag limit of birds,
mammals, fish, reptiles, or amphibians that may legally be taken and
possessed by that person during that interval.
2347. It is unlawful for any person to offer for transportation by
common carrier during any interval of time more than the bag limit of
birds, mammals, fish, reptiles, or amphibians that may legally be
taken and possessed by that person during that interval.
2348. (a) Any package in which birds, mammals, fish, reptiles, or
amphibians, or parts thereof, are offered for transportation to, or
are transported or received for transportation by, a common carrier
or his or her agent shall bear the name and address of the shipper
and of the consignee and an accurate description of the numbers and
kinds of birds, mammals, fish, reptiles, or amphibians contained
therein clearly and conspicuously marked on the outside thereof.
(b) Licensed commercial fishermen and licensed commercial fish
dealers are subject to all of the provisions of this section, except
that commercial shipments of fish may be indicated by total net
weight of each species instead of by numbers.
2349. No bird, mammal, fish, reptile, or amphibian, except smoked,
cured, or dried fish other than trout, may be shipped by parcel post.
2350. It is unlawful to transport or carry out of this State any
deer or game bird, or parts thereof, except by the holder of a
nonresident hunting license or under a written permit issued by the
department.
2352. Except as permitted by this code, it is unlawful for any
common carrier to transport any protected nongame bird, or to
transport any resident or migratory game bird for which there is no
open season.
2353. (a) Birds, mammals, fish, reptiles, or amphibians shall not
be imported or possessed in this state unless all of the following
requirements are met:
(1) The animals were legally taken and legally possessed outside
of this state.
(2) This code and regulations adopted pursuant thereto do not
expressly prohibit their possession in this state.
(3) A declaration is submitted to the department or a designated
state or federal agency at or immediately before the time of entry,
in the form and manner prescribed by the department.
(b) Birds, mammals, fish, reptiles, or amphibians legally taken
and legally possessed outside of this state may be imported into this
state and possessed without a declaration if the shipment is handled
by a common carrier under a bill of lading or as supplies carried
into this state by common carriers for use as food for the
passengers.
(c) The commission and the department shall not modify this
section by any regulation that would prohibit the importation of
lawfully killed migratory game birds taken in any other state or
country and transported into this state pursuant to the migratory
bird regulations adopted annually by the Secretary of the Interior.
2354. Marlin meat may not be transported out of this State.
2355. Deer may be transported into this State only when in
accordance with the law of the state in which the deer was taken, and
when in accordance with the law of this State and the regulations of
the commission adopted pursuant thereto.
2356. It is unlawful at any time to offer for shipment, ship, or
receive for shipment, or transport from this state any trout taken in
the waters of this state, except that the holder of a nonresident
angling license, or any person on active military duty with the armed
forces of the United States or on active military duty with an
auxiliary branch thereof who possesses a valid angling license, may
personally transport from this state not more than one daily bag
limit of trout.
2358. It is unlawful to ship trout into an area where the season is
closed unless the shipment is accompanied by a written statement
containing the name and address of, and signed by, the person taking
the trout, and countersigned, for the purpose of identification, by
the agent of the carrier to whom the trout are offered for shipment.
2359. Except as provided in Section 2363, no striped bass may be
transported or carried out of or into this state, except striped bass
taken from the Colorado River by sportfishing licensees to the
extent and in the manner following:
(a) A resident of California, or the holder of a valid nonresident
California sportfishing license, lawfully taking such fish on the
waters or from the Arizona shore of the river may transport or carry
such fish into California.
(b) A resident of Arizona, or the holder of a valid nonresident
Arizona sportfishing license, lawfully taking such fish on the waters
or from the California shore of the river may transport or carry
such fish into Arizona.
2360. Black bass and spotted bass lawfully taken may be carried or
transported into and possessed in an area where the season is closed.
2361. It is unlawful to import into this state for commercial
purposes any salmon of smaller size than can be legally taken under
regulations of either the Pacific Fishery Management Council or the
state of landing. Such prohibition does not apply to domestically
reared salmon as defined by commission regulations to include salmon
which have returned to a hatchery or licensed artificial collection
facility. Such domestically reared salmon may be imported under
regulations established by the commission.
2362. Yellowtail, barracuda, and white seabass taken in waters
lying south of the maritime boundary line between the United States
and Mexico, with that maritime boundary line including, but not
limited to, the federal Exclusive Economic Zone boundary, may be
delivered to California ports aboard boats, including boats carrying
purse seine or round haul nets in accordance with those regulations
as the commission may make governing the inspection and marking of
those fish imported into this state. The cost of that inspection and
marking shall be paid by the importer. Fish taken in Mexico shall not
be imported unless legally taken and legally possessed and a
declaration is submitted to the department pursuant to Section 2353.
2363. Striped bass, sturgeon, or shad or parts thereof legally
taken in another state, which permits the sale of that fish, may be
imported into the state under regulations of the commission. Before
the commission adopts any regulation pursuant to this section, a
public hearing shall be held in the San Francisco or Sacramento area.
2364. Crab meat from outside the State may be imported into the
State under regulations of the commission.
2365. Spiny lobsters may be imported into California until the
twenty-sixth day after the close of the California season. Lobsters
imported into California and lobsters legally taken in California
during the open season prescribed in this code may be possessed and
sold during the closed season, subject to the regulations of the
commission.
The cost of inspection and marking, under the regulations of the
commission, shall be paid by the importer or owner of the lobsters.
2368. No pismo clam taken in this State may be shipped.
2369. Pismo clams taken outside this state may be imported into
this state when accompanied by a United States customhouse entry
certificate showing their place of origin, and a certificate or
clearance from the responsible governmental agency to the effect that
such shipment was made in compliance with the laws and regulations
of the place or country of origin. Such pismo clams may be canned and
shipped outside this state.
The commission may prescribe regulations governing the inspection
and marking of pismo clams imported into this state. The cost of such
inspection and marking shall be paid by the importer of the pismo
clams.
2371. Abalone or abalone meat legally taken outside this state may
be imported into this state when accompanied by a United States
customhouse entry certificate showing the place of origin, and a
certificate or clearance from the responsible governmental agency to
the effect that such shipment was made in compliance with the laws
and regulations of the place or country of origin, and such abalone
or abalone meat may be possessed in this state and shipped or
transported out of the state, but all containers of such abalone
shall be marked with the abalone's place or country of origin.