Zankich

After a certification by the Appellate Department of the Superior Court for Ventura County under rule 63(a), California Rules of Court, we ordered this appeal from the Municipal Court of Ventura County transferred under rule 62(a). The superior court stated as the important point making transfer appropriate “whether sections 8180 et seq. of the Fish and Game Code, and specifically section 8181 [by their terms], declare the waters of the State . . . open to the taking of anchovies for any purpose or whether the taking of anchovies for reduction purposes can be regulated by the Fish and Game Commission as it has purported to do in title 14, section 147(a)-6-B of the California Administrative Code.”

It appears that the regulation of fishing for reduction purposes was first instituted in Statutes 1919, chapter 551, section 5, page 1204, followed by Statutes 1921, chapter 340, section 1, page 459. The Fish and Game Code of 1933 contained section 1068 on this subject. In 1957, as part of an overall revision of the Fish and Game Code, without substantive change, this section became sections 8075 through 8080. Section 8075 reads as follows: “The commission may grant a permit,…