importer of such spiny lobster; and be it provided, further, that all spiny lobster imported into this state shall be of the size prescribed in this section.

History: Enacted February 14, 1872, prohibiting the destruction of elks, etc.; amended March 7, 1876, Code Amdts. 1875-6, p. 13; March 30, 1878, Code Amdts. 1877-8, p. 120; repealed March 9, 1883, Stats, and Amdts. 1883, p. 82; amended (though repealed as above noted) March 31, 1897, providing closed season for striped bass, black bass, etc., Stats. and Amdts. 1897, p. 347; amended February 27, 1901, Stats. and Amdts. 1900-1, p. 54; February 12, 1903, Stats. and Amdts. 1903, p. 24; March 18, 1905, Stats. and Amdts. 1905, p. 186; March 15, 1907, Stats. and Amdts. 1907, p. 301, Kerr's Stats. and Amdts. 1906-7, p. 534; March 20, 1909, Stats. and Amdts. 1909, p. 519; April 1, 1911, Stats. and Amdts. 1911, p. 561; June 16, 1913, Stats. and Amdts. 1913, p. 1007; June 11, 1915, Stats. and Amdts. 1915, p. 1433; May 28, 1917, Stats. and Amdts. 1917, p. 1062. In effect July 27, 1917.

§ 628a. [SAME.] STRIPED BASS AND SHAD. CLOSED SEASON. PENALTY. 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, except with hook and line and in the manner commonly known as angling, takes, catches, kills or has in his possession any striped bass or shad between the twenty-fifth day of September and the fourteenth day of November inclusive of any year or between the sixth day of June and the thirty-first day of July, both dates inclusive, of any year, or who, between the twenty-fifth day of September and the fourteenth day of November, inclusive, or between the sixth day of June and the thirty-first day of July, inclusive, of any year, takes, catches, kills or has in his possession more than five striped bass or shad, or who between the twenty-fifth day of September and the fourteenth day of November, inclusive, or between the sixth day of June and the thirtyfirst day of July, inclusive, of any year, buys, sells, offers for sale, ships or offers 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 the State of California to any place in any other state, territory or foreign country any striped bass is guilty of a misdemeanor. Every person who takes any striped bass or shad in a net, any of the meshes of which are, when drawn closely 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 Saturday and sunset of the following Sunday is guilty of a misdemeanor;

[Limit.] provided, however, that nothing in this section shall prohibit any person from having in his possession, in any one calendar day, 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, crawfish, etc., enacted March 27, 1895, Stats. and Amdts. 1895, 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 Amdts. 1909, p. 520; March 16, 1911, Stats. and Amdts. 1911, p. 372; June 8, 1915, Stats. and Amdts. 1915, p. 320; May 18, 1917, Stats. and Amdts. 1917, p. 668. In effect July 27, 1917.

§ 628b. PROTECTION OF BASS, SACRAMENTO PERCH, SUNFISH, ETC. MISDEMEANOR. Every person who at any time, except with hook and line and in the manner commonly known 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; 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 has in his possession any black bass, Sacramento perch, crappie, calico bass or any variety of sunfish, is guilty of a misdemeanor.

[Exception.] 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. [Protection of catfish.] 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 misdemeanor.

[Exception.] 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.

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 Amdts. 1906-7, p. 535; June 16, 1913, Stats. and Amdts. 1913, p. 1008; May 19, 1915, Stats. and Amdts. 1915, p. 596; May 18, 1917, Stats. and Amdts. 1917, p. 664. In effect July 27, 1917.

§ 628e. PROTECTION OF WHITING, BARRACUDA, ETC. MISDEMEANOR. Every person who in fish and game district number nineteen at any time except with hook and line, takes, catches or kills any California whiting (Menticirrhus 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 any California 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, offers or exposes for sale any southern, bastard or chicken halibut (Paralichthys californicus) of less than four pounds in weight, or any barracuda less than three pounds in weight, or any albicore weighing less than six pounds, is guilty of a misdemeanor.

[Disposition of fines collected.] 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; April 20, 1917, Stats. and Amdts. 1917, p. 153. In effect July 27, 1917.

§ 628f. PROTECTION OF ABALONE, PISMO CLAMS, ETC. PENALTY. 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 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 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 (Haliotis) for other than food purposes, or who, at any time, dries any abalones (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 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 inspection shall be borne by the importer of such abalone (Haliotis).

[Pismo clams.] Every person who gathers or takes in any manner 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, or who, during any one calendar day, takes, gathers in any manner or has in his possession more than fifty 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.

[Cockles.] Every person who takes, gathers in any manner or has in his possession, or who ships, offers for shipment, sells or offers for sale any cockles or little-neck clams (Tapes staminea) measuring less than one and one-half inches in its greatest breadth;

[Razor clams.] every person who takes, catches or gathers in any manner any razor clam[s] (Siliqua patula), except during a period of forty-eight hours beginning at the first low tide after the first high tide (large 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 (Siliqua patula) during any one calendar day is guilty of a misdemeanor.

Every person who takes, catches or kills or has in possession any clam or clams taken from fish and game districts eight or 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 ships or offers for shipment or receives for shipment or transportation, to any place outside the limits of fish and game district one, any clam or clams of any species taken in fish and game district seven, eight or nine, is guilty of a misdemeanor.

[Penalty.] Every person violating any of the provisions of this section upon conviction thereof shall be punished by a fine of not less than twenty-five nor more than five hundred dollars or by imprisonment in the county jail in the county in which the conviction shall be had not less than ten days nor more than six months or by both such fine and imprisonment; and all fines and forfeitures imposed or collected for any violation of the provisions of this section must be paid into the state treasury to the credit of the fish and game preservation fund.

History: Enactment approved April 14, 1911, Stats. and Amdts. 1911, p. 915; amended April 22, 1915, Stats. and Amdts. 1915, p. 112; May 18, 1917, Stats. and Amdts. 1917, p. 669. In effect July 27, 1917.

§ 628j. PROTECTION OF SALT-WATER EELS. PENALTY. Every

person, who in fish and game district three, in the State of California, takes, catches, kills or has in his possession, any salt water eel (Blenniidæ), measuring less than twelve inches in length, or who takes, catches, kills or has in his possession more than fifteen salt water eels (Blenniidæ), during any one calendar day, is guilty of a misdemeanor.

[Penalty.] Every person found violating any of the provisions of this section is guilty of a misdemeanor and must be fined in a sum not less than twenty dollars, nor more than five hundred dollars, or [punished] by imprisonment in the county jail in the county in which the conviction shall be had, not less than ten days, nor more than one hundred fifty days, or by both such fine and imprisonment; and all fines and forfeitures imposed or 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 and game preservation fund.

History:

Enactment approved April 24, 1917, Stats, and Amdts. 1917,

p. 192. In effect July 27, 1917.

§ 629. SCREENS OVER MILL-RACES, PIPES, ETC. PENALTY FOR REFUSAL TO MAINTAIN. It shall be the duty of the state board of fish and game commissioners to examine from time to time all mill races, irrigating ditches, pipes, flumes and canals taking or receiving water from any river, creek, stream or lake in this state. Whenever in the opinion of the state fish and game commission it shall be necessary to screen any such mill race, irrigating ditch, pipe, flume or canal in order to prevent fish from passing through or into such mill race, irrigating ditch, pipe, flume or canal and away from any river, creek, stream or lake in which fish have been planted or may exist, the state fish and game commission shall order the person, company or corporation owning, leasing, controlling or having in charge any such mill race, irrigating ditch, pipe, flume or canal to install and maintain a screen on such mill race, irrigating ditch, pipe, flume or canal. Said order shall be in writing and shall specify the size, mesh, material and location of such screen and the time within which said screen must be installed.

[Investigation as to necessity of screens.] After making an order to place and maintain such screen, the board of fish and game commissioners shall, when requested by said owners, lessees or operators, or the person in charge of such mill race, irrigating ditch, pipe, flume or canal, fix a time and place in the county in which the intake of such mill race, irrigating ditch, pipe, flume or canal is situated, for the taking of evidence upon the question of the necessity of placing and maintaining such screen and cause a notice in writing of the time and place of hearing to be served upon such owner, lessee or operator or person in charge of such mill race, irrigating ditch, pipe, flume or canal, at least ten days before the date of such hearing. At such time and place designated in said notice testimony, under oath, shall be taken on the part of the state board of fish and game commissioners, and the owners, lessees or operators or persons in charge of such mill race, irrigating ditch, pipe, flume or canal.

[Time for making request for hearing.] If said request for a hearing upon the order herein specified is not made within ten days after the service upon said owners, lessees, or operators, or the person in charge, of said mill race, irrigating ditch, pipe, flume or canal, such order shall become final.

[Order for installing screen.] If it appears from the evidence upon such hearing that fish exist or have been planted in the river, stream, creek or lake from which said mill race, irrigating ditch, pipe, flume or canal takes its waters, said board of fish and game commissioners shall make an order in writing, and cause the same to be served on such owner, lessee, operator or person in charge of said mill race, irrigating ditch, pipe, flume or canal; said order shall designate the point on said mill race, irrigating ditch, pipe, flume or canal at which said screen shall be located, and the size, mesh and materials of said screen and the time within which said screen must

be installed. Said time shall be not less than thirty days, nor more than six months, from the date of service of said order upon said owner, lessee, operator or person in charge of said mill race, irrigating ditch, pipe, flume or canal.

[Taking of evidence.] The evidence in any investigation, inquiry or hearing, provided by this section, may be taken by any of the members of the board of fish and game commissioners, or such deputy fish and game commissioner, or employee, as the board may designate to take such evidence, and each member of the board and any of its deputies or employees designated to take evidence at the hearing provided hereby shall have the power to administer oaths, take affidavits and issue subpoenas for the attendance of witnesses at such hearings.

[Witness fees.] Each witness, legally subpoenaed, attending at a hearing, shall receive for his attendance the same fees and mileage allowed by law to a witness in civil cases, which amount shall be paid by the party at whose request such witness is subpoenaed.

[Attendance of witnesses.] The superior court in and for the county, or city and county, in which any inquiry, investigation, hearing or proceeding may be held under authority of this section shall have the power to compel the attendance of witnesses, the giving of testimony and the production of papers, as required by any subpoena issued under authority of this section. The commission, or representative of the commission, before whom the testimony is to be given or produced, in case of the refusal of any witness to attend or testify or produce any papers required by such subpoena, may report to the superior court in and for the county, or city and county, in which the proceeding is pending, by petition, setting forth that due notice has been given of the time and place of attendance of said witness, or the production of said papers, and that the witness has been summoned in the manner prescribed in this act, and that the witness has failed and refused to attend or produce the papers required by the subpoena, before the commission or its representative, in the cause or proceeding named in the notice and subpoena, or has refused to answer questions propounded to him in the course of such proceeding, and ask an order of said court, compelling the witness to attend and testify or produce said papers before the commission or its representative. The court, upon the petition of the commission or its representative, shall enter an order directing the witness to appear before the court, at a time and place to be fixed by the court in such order, the time to be not more than ten days from the date of the order, and there show cause why he has not attended and testified or produced said papers before the commission or its representative. A copy of said order shall be served upon said witness. If it shall appear to the court that said subpoena was regularly issued by the commission or its representative, the court shall thereupon enter an order that said witness appear before the commission or its representative at the time and place fixed in said order, and testify or produce the required papers, and upon failure to obey said order, said witness shall be dealt with as for contempt of court.

[Deposition of witnesses.]

The commission or its representative, or any party, may, in any investigation or hearing before the commission or its representative, cause the deposition of witnesses residing within or without the state to be taken in the manner prescribed by law for like depositions in civil actions in the superior courts of this state and to that end may compel the attendance of witnesses and the production of documents and papers.

[Penalty for refusing to maintain screen.] Any person, company or corporation, neglecting or refusing to put up or maintain the screen ordered by the state board of fish and game commissioners, after the order shall have become final, shall be guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not less than twenty dollars, or imprisonment in the county jail of the county in which the conviction shall be had of not less than ten days, or by both such fine and imprisonment, any fines collected over and above the costs of the proceedings to be paid into the state treasury to the credit of the fish and game preservation fund; and provided, that the continuance from day to day of the neglect or refusal to install and