citation: FGC § 8494

text:
(a) Any vessel using bottom trawl gear in state-managed halibut fisheries, as described in subdivision (a) of Section 8841, shall possess a valid California halibut bottom trawl vessel permit that has not been suspended or revoked and that is issued by the department authorizing the use of trawl gear by that vessel for the take of California halibut.

(b) A California halibut bottom trawl vessel permit shall be issued annually, and commencing with the 2006 permit year, shall be issued only to a person who had been issued a California halibut bottom trawl vessel permit in the immediately preceding permit year.

(c) Permits issued pursuant to this section may be transferred only if at least one of the following occur:

(1) The commission adopts a restricted access program for the fishery that is consistent with the commission’s policies regarding restricted access to commercial fisheries.

(2) (A) Before the implementation of a halibut trawl restricted access program, the department may consider requests from a vessel permitholder or the permitholder’s conservator or estate representative, as applicable, to transfer a vessel permit to a vessel consistent with the requirements of subparagraph (B) or (C). The department may request information that it determines is reasonably necessary from the permitholder or the permitholder’s conservator or heirs or estate for the purpose of verifying statements in the request before authorizing the transfer of the permit.

(B) The department may approve the transfer of a California halibut bottom trawl vessel permit to a replacement vessel if all of the following requirements are met:

(i) In the form of a notarized application, the permitholder submits to the department a request for the transfer of a California halibut bottom trawl vessel permit to another vessel owned by the permitholder.

(ii) The permitholder provides a current United States Coast Guard certificate of documentation or vessel marine survey to the department for the permitted vessel and replacement vessel.

(iii) Based on the information provided pursuant to clause (ii), the department determines that the replacement vessel is equal to or less than the capacity of the permitted vessel.

(iv) The department determines the California halibut bottom trawl vessel permit for the permitted vessel is valid and has not been suspended or revoked.

(v) If applicable, the department receives written confirmation from the replacement vessel’s owner or authorized agent, or mortgager, of the vessel’s participation in the transfer of the California halibut bottom trawl vessel permit.

(vi) The replacement vessel is registered with the department pursuant to Section 7881 at the time the application is submitted pursuant to clause (i).

(C) The department may approve the transfer of a California halibut bottom trawl vessel permit to another person if all of the following requirements are met:

(i) In the form of a notarized application, the permitholder or the permitholder’s conservator or estate submits to the department a request to transfer a California halibut bottom trawl vessel permit to another person.

(ii) If the permitholder’s estate submits a request pursuant to clause (i), the estate submits the notarized application to the department within one year of the death of the permitholder as listed on the death certificate.

(iii) A current United States Coast Guard certificate of documentation or vessel marine survey is provided to the department for the permitted vessel and vessel to be used by the proposed transferee.

(iv) Based on the information provided pursuant to clause (iii), the department determines that the vessel to be used by the proposed transferee is equal to or less than the capacity of the permitted vessel.

(v) The proposed transferee meets both of the following requirements:

(I) The person has a valid commercial fishing license issued pursuant to Section 7852 that has not been suspended or revoked.

(II) The person is the owner of a commercial fishing vessel that is registered with the department pursuant to Section 7881 and that registration has not been suspended or revoked.

(vi) The permit for the permitted vessel is current, and the permitholder or the permitholder’s conservator or estate submitting the application is responsible for any renewal of the permit that becomes due during the application processing period.

(vii) Under penalty of perjury, the permitholder or the permitholder’s conservator or estate signs the application for transfer and certifies that the information included is true to the best of the permitholder’s information and belief.

(D) Any applicant who is denied transfer pursuant to this paragraph may appeal the denial in writing describing the basis for the appeal to the commission within 60 days from the date of the department’s decision.

(d) The commission shall establish California halibut bottom trawl vessel permit fees based on the recommendations of the department and utilizing the guidelines outlined in subdivision (b) of Section 711 to cover the costs of administering this section. Before the adoption of a restricted access program pursuant to subdivision (c), fees may not exceed one thousand dollars ($1,000) per permit.

(e) Individuals holding a federal groundfish trawl permit may retain and land up to 150 pounds of California halibut per trip without a California halibut trawl permit in accordance with federal and state regulations, including, but not limited to, regulations developed under a halibut fishery management plan.

(f) This section shall become inoperative upon the adoption by the commission of a halibut fishery management plan in accordance with the requirements of Part 1.7 (commencing with Section 7050).

(g) The commission may adopt regulations to implement this section.

history: (History: Amended by Stats. 2023, Ch. 132, Sec. 161. (AB 1760) Effective January 1, 2024. Inoperative on date prescribed in subd. (f).)

article: 13. Halibut Trawl Grounds

path: 6. FISH > 2. Particular Varieties of Fish > 13. Halibut Trawl Grounds


kind: section

code: FGC

citation: FGC § 8495

text:
(a) The following areas are designated as the California halibut trawl grounds:

(1) The ocean waters lying between one and three nautical miles from the mainland shore lying south and east of a line running due west (270° true) from Point Arguello and north and west of a line running due south (180° true) from Point Mugu.

(2) The ocean waters of Monterey Bay delineated by straight lines connecting the following points in the following order and excluding federal waters as defined by the order entered by the United States Supreme Court in the case of United States of America v. State of California, 135 S.Ct. 563 (2014):LatitudeLongitude36° 54.146′ N122° 4.244′ W36° 52.910′ N122° 4.225′ W36° 52.024′ N122° 2.117′ W36° 51.680′ N121° 59.321′ W36° 52.230′ N121° 57.810′ W36° 48.974′ N121° 52.474′ W36° 49.835′ N121° 51.840′ W36° 54.250′ N121° 54.883′ W36° 54.287′ N121° 58.062′ W36° 53.956′ N122° 2.117′ WLongitudeLatitude-121° 52.00320096′36° 49.732266378′-121° 52.44333966′36° 48.980946096′-121° 57.77850834′36° 52.23946824′-121° 59.32425072′36° 51.680657442′-122° 2.12078646′36° 52.009891824′-122° 4.18901964′36° 52.816435086′-122° 4.51162806′36° 53.907575316′(3) The ocean waters offshore of Port San Luis lying between one and three nautical miles from the mainland shore, as described by an area circumscribed by a line connecting the following points in clockwise order, with the line connecting the last two points approximately parallel to the lines connecting the preceding points:LatitudeLongitude35° 08′ N120° 46′ W35° 08′ N120° 40.1′ W35° 06.6′ N120° 39.2′ W35° 02.2′ N120° 39.3′ W34° 57′ N120° 40.7′ W34° 57′ N120° 43.5′ W35° 06.4′ N120° 46′ WLongitudeLatitude-121° 52.00320096′36° 49.732266378′-121° 52.44333966′36° 48.980946096′-121° 57.77850834′36° 52.23946824′-121° 59.32425072′36° 51.680657442′-122° 2.12078646′36° 52.009891824′-122° 4.18901964′36° 52.816435086′-122° 4.51162806′36° 53.907575316′(b) Notwithstanding subdivision (a), the use of trawl gear for the take of fish is prohibited in the following areas of the California halibut trawl grounds:

(1) Around Point Arguello. The area from a line extending from Point Arguello true west (270°) and out three miles, to a line extending from Rocky Point true south (180°) and out three miles.

(2) Around Point Conception. From a point on land approximately one-half mile north of Point Conception at latitude 34° 27.5´ extending seaward true west (270°) from one to three miles, to a point on land approximately one-half mile east of Point Conception at longitude 120° 27.5´ extending seaward true south (180°) from one to three miles.

(3) In the Hueneme Canyon in that portion demarked by the IMO Vessel Traffic safety zone on NOAA/NOS Chart 18725 and from one mile to the three mile limit of state waters.

(4) In Mugu Canyon, from Laguna Point, a line extending true south (180°) and out three miles, to Point Mugu, a line extending true south (180°) and from one to three miles.

(c) (1) Notwithstanding subdivision (a), commencing April 1, 2008, the following areas in the California halibut trawl grounds shall be closed to trawling, unless the commission finds that a bottom trawl fishery for halibut minimizes bycatch, is likely not damaging sea floor habitat, is not adversely affecting ecosystem health, and is not impeding reasonable restoration of kelp, coral, or other biogenic habitats:

(A) The ocean waters lying between one and three nautical miles from the mainland shore from a point east of a line extending seaward true south (180°) from a point on land approximately one-half mile east of Point Conception at longitude 120° 27.5´ to a line extending due south from Gaviota.

(B) The ocean waters lying between one and two nautical miles from the mainland shore lying east of a line extending due south from Santa Barbara Point (180°) and west of a line extending due south from Pitas Point (180°).

(C) Except as provided in subdivision (b), the ocean waters lying between one and three nautical miles from the mainland shore lying south and east of a line running due west (270° true) from Point Arguello to a line extending seaward true south (180°) from a point on land approximately 12 mile east of Point Conception at longitude 120° 27.5´, and from the western border of the IMO Vessel Traffic safety zone on NOAA/NOS Chart 18725 in Hueneme Canyon running south and east to a line running due south (180° true) from Point Mugu.

(2) In making the finding described in paragraph (1), the commission shall pay special attention to areas where kelp and other biogenic habitats existed and where restoring those habitats is reasonably feasible, and to hard bottom areas and other substrate that may be particularly sensitive to bottom trawl impacts.

(d) Notwithstanding subdivision (a), the areas of the halibut trawl grounds identified in paragraphs (2) and (3) of subdivision (a) shall remain closed to trawling until the commission determines that trawling in those areas is consistent with the provisions of this section. At the commission’s discretion, a determination pursuant to this subdivision may be made through the review required pursuant to subdivision (e).

(e) Commencing January 1, 2008, the commission shall review information every three years from the federal groundfish observer program and other available research and monitoring information it determines relevant, and shall close any areas in the California halibut trawl grounds where it finds that the use of trawl gear does not minimize bycatch, is likely damaging sea floor habitat, is adversely affecting ecosystem health, or impedes reasonable restoration of kelp, coral, or other biogenic habitats. The commission shall pay special attention to areas where kelp and other biogenic habitats existed and where restoring those habitats is reasonably feasible, and to hard bottom areas and other substrate that may be particularly sensitive to bottom trawl impacts in making that finding.

(f) Notwithstanding any other law, the commission shall determine the size, weight, and configuration of all parts of the trawl gear, including, but not limited to, net, mesh, doors, appurtenances, and towing equipment as it determines is necessary to ensure trawl gear is used in a sustainable manner within the California halibut trawl grounds.

history: (History: Amended by Stats. 2018, Ch. 985, Sec. 8. (SB 1309) Effective January 1, 2019.)

division: 6. FISH

chapter: 2. Particular Varieties of Fish

article: 13. Halibut Trawl Grounds


citation: FGC § 8496

text:
(a) Unless otherwise specified by the commission pursuant subdivision (b), within the California halibut trawl grounds the following requirements shall apply to the use of trawl nets:

(1) Open season and hours of operation shall be as follows:

(A) Open season shall be June 16 to March 14, inclusive.

(B) In the designated halibut trawl grounds within Monterey Bay and offshore of Port San Luis, trawl fishing gear may only be deployed to capture fish between sunrise and sunset.

(2) California halibut shall only be taken pursuant to Section 8392.

(3) Not more than 500 pounds of fish other than California halibut may be possessed, except that any amount of sea cucumbers may be possessed by a person who holds a valid sea cucumber permit and who meets any conditions adopted by the commission pursuant to Section 8405.3, and any amount of sharks, skates, or rays for which the take or possession of that species is not otherwise prohibited by this code may be taken or possessed.

(4) It is unlawful to operate a trawl net in a way that damages or destroys other types of fishing gear that is buoyed or otherwise visibly marked.

(5) Sections 8833 and 8836 do not apply to trawl nets when used or possessed on California halibut trawl grounds.

(6) Trawl nets described in Section 8843 shall only be used within the halibut trawl grounds.

(7) Single bags and cod-ends or double bags and cod-ends may be used within the halibut trawl grounds and may be possessed while a vessel is in transit directly to the halibut trawl grounds or returning directly to port. Double bags shall be hung and tied to each rib line so that the knots of each layer coincide, knot for knot, for the full length of the double layers. The double mesh section shall not measure over 25 meshes or 12 feet in length, whichever is greater. The individual meshes in the double section shall measure not less than seven and one-half inches in length.

(8) No net, whose cod-end meshes are less than prescribed in this section, may be possessed on any vessel that is operating under the authority of this section.

(b) The commission may reduce the length of the open season or hours of operation, or either of those, specified in paragraph (1) of subdivision (a). The commission may also modify any of the requirements of paragraphs (2) to (8), inclusive, of subdivision (a) to make those requirements more restrictive.

history: (History: Amended by Stats. 2018, Ch. 985, Sec. 9. (SB 1309) Effective January 1, 2019.)

article: 13. Halibut Trawl Grounds


citation: FGC § 8497

text:
If the director determines that the California halibut resource, or existing fishing operations, within the designated California halibut trawl grounds are in danger of irreparable injury, he or she may order the closure of the area, or portions thereof, to trawl net fishing or further restrict the nets that may be used in the area, or portions thereof. Any such closure or restriction order shall be adopted by emergency regulation in accordance with Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code.

The department shall bring to the attention of the Legislature within 30 calendar days after commencement of the next succeeding regular session of the Legislature any regulation adopted pursuant to this section.

history: (History: Amended by Stats. 1983, Ch. 101, Sec. 38.)

article: 13. Halibut Trawl Grounds


citation: FGC § 8500

text: Except as otherwise expressly permitted in this chapter, no mollusks, crustaceans, or other invertebrates may be taken, possessed aboard a boat, or landed for commercial purposes by any person in any tide pool or tidal area, including tide flats or other areas between the high tidemark and 1,000 feet beyond the low tidemark, unless a valid tidal invertebrate permit has been issued to that person that has not been suspended or revoked. The taking, possessing, or landing of mollusks, crustaceans, or other invertebrates pursuant to this section shall be subject to regulations adopted by the commission.

history: (History: Amended by Stats. 1996, Ch. 870, Sec. 37. Effective January 1, 1997.)

article: 14. Tidal Invertebrates

path: 6. FISH > 2. Particular Varieties of Fish > 14. Tidal Invertebrates


citation: FGC § 8510

text: It is unlawful to take or land krill of any species of euphausiid for any purpose except scientific research pursuant to regulations adopted by the commission. This section applies to krill in the waters of this state and up to 200 miles offshore, as long as federal law does not regulate the taking of krill.

history: (History: Amended by Stats. 2003, Ch. 218, Sec. 1. Effective January 1, 2004.)

article: 14.5. Krill

path: 6. FISH > 2. Particular Varieties of Fish > 14.5. Krill


citation: FGC § 8550

text:
Herring may be taken for commercial purposes only under a permit, subject to regulations adopted by the commission. The commission may, whenever necessary to prevent overutilization, to ensure efficient and economic operation of the fishery, or to otherwise carry out this article, limit the total number of permits that are issued and the amount of herring that may be taken under the permits.

The commission, in limiting the total number of permits, shall take into consideration any restriction of the fishing area and the safety of others who, for purposes other than fishing, use the waters from which herring are taken.

history: (History: Amended by Stats. 1996, Ch. 870, Sec. 38. Effective January 1, 1997.)

article: 15. Herring

path: 6. FISH > 2. Particular Varieties of Fish > 15. Herring


text:
(a) A herring net permit granting the privilege to take herring with nets for commercial purposes shall be issued to licensed commercial fishermen, subject to regulations adopted under Section 8550, as follows:

(1) To any resident of this state to use gill nets, upon payment of a fee of two hundred sixty-five dollars ($265).

(2) To any nonresident to use gill nets, upon payment of a fee of one thousand dollars ($1,000).

(b) The commission shall not require a permit for a person to be a crewmember on a vessel taking herring pursuant to this article.

history: (History: Amended by Stats. 2000, Ch. 388, Sec. 17. Effective January 1, 2001.)

article: 15. Herring


citation: FGC § 8552

text:
(a) It is unlawful to take herring for roe on a vessel unless the operator holds a herring permit issued by the department pursuant to commission regulations. The permit may be transferred pursuant to Sections 8552.2 and 8552.6.

(b) No person may be issued more than one herring permit, and the department shall not issue a herring permit to more than one person except as provided in Section 8552.6.

(c) Herring permits shall only be issued to and shall be held only by a natural person.

(d) Herring permits shall not be used as any form of security for any purpose, including, but not limited to, financial or performance obligations.

(e) The permittee shall be on board the vessel at all times during herring fishing operations, subject only to exceptions provided for in this code and regulations adopted under this code.

history: (History: Amended by Stats. 1988, Ch. 1505, Sec. 3.)

article: 15. Herring


text: The commission, in consultation with the department and representatives of the commercial roe herring fishery, and after holding at least one public hearing, may adjust the fees charged for permits; including fees for the issuance or transfer of permits, to a level that will not discourage the transfer of permits or limit entry into the fishery, and that will ensure sufficient funds to cover reasonable department costs associated with the management of the fishery, including research and enforcement costs.

history: (History: Added by Stats. 2004, Ch. 713, Sec. 3. Effective January 1, 2005.)

article: 15. Herring


text: Notwithstanding Section 1052, a herring permit may be transferred from a herring permitholder to a nonpermitholder having a minimum of 20 or more herring fishery points, as follows: The permitholder shall mail, by certified or registered mail, to the department and every individual listed on the department’s list of maximum 20 or more point herring fishery participants, his or her notice of intention to transfer his or her herring permit, which notice shall specify the gear type to be used under the herring permit; the name, address, and telephone number of the transferor and proposed transferee; and the amount of consideration, if any, sought by the transferor. Sixty days after mailing the notice, the transferor may transfer the permit to any person having 20 or more experience points without the necessity for giving further notice if the transfer occurs within six months of the date the original notice was given. Transfers after that six-month period shall require another 60-day notice of intention to be given. No person may hold more than one herring permit. A true copy of the notice of intention to transfer a permit shall be filed with the department by the transferor under penalty of perjury and shall be available for public review.

history: (History: Amended by Stats. 1989, Ch. 207, Sec. 4. Effective July 25, 1989.)

article: 15. Herring


text:
The commission may, in consultation with representatives of the commercial herring roe fishery, and after holding at least one public hearing, adopt regulations intended to facilitate the transfer of herring permits, including, but not limited to, regulations that would do the following:

(a) Allow an individual to own a single permit for each of the different herring gillnet platoons in San Francisco Bay.

(b) Eliminate the point system for qualifying for a herring permit.

(c) Allow a herring permit to be passed from a parent to child, or between spouses.

history: (History: Amended by Stats. 2016, Ch. 50, Sec. 42. (SB 1005) Effective January 1, 2017.)

article: 15. Herring


text: Herring permits that are revoked or not renewed may be offered by the department for a drawing to persons having 20 or more experience points in the fishery on the first Friday of August of each year.

history: (History: Amended by Stats. 1989, Ch. 207, Sec. 5. Effective July 25, 1989.)

article: 15. Herring


text: The commission shall revoke any herring permit if the holder of the herring permit was convicted of failing to report herring landings or underreported herring landings or failed to correctly file with the department the offer or the acceptance for a permit transferred pursuant to Section 8552.2.

history: (History: Added by Stats. 1988, Ch. 1505, Sec. 6.)

article: 15. Herring


text:
(a) Notwithstanding Section 8552, a herring permit may be issued to two individuals if one of the following criteria is met:

(1) The individuals are married to each other and file with the department a certified copy of their certificate of marriage and a declaration under penalty of perjury, or a court order, stating that the permit is community property.

(2) The individuals meet both of the following requirements:

(A) They are both engaged in the herring roe fishery either by fishing aboard the vessel or by personally participating in the management, administration, and operation of the partnership’s herring fishing business.

(B) There is a partnership constituting equal, 50 percent, ownership in a herring fishery operation, including a vessel or equipment, and that partnership is demonstrated by any two of the following:

(i) A copy of a federal partnership tax return.

(ii) A written partnership agreement.

(iii) Joint ownership of a fishing vessel used in the herring fishery as demonstrated on federal vessel license documents.

(b) For purposes of this section, a herring permit does not constitute a herring fishing operation. A herring permit may be transferred to one of the partners to be held thereafter in that partner’s name only if that partner has not less than 10 points computed pursuant to paragraph (2) of subdivision (a) of Section 8552.8 and there has been a death or retirement of the other partner, a dissolution of partnership, or the partnership is dissolved by a dissolution of marriage or decree of legal separation. A transfer under this section shall be authorized only if proof that the partnership has existed for three or more consecutive years is furnished to the department or a certified copy of a certificate of marriage is on file with the department and the permit is community property as provided in subdivision (a). The transferor of a permit shall not, by reason of the transfer, become ineligible to participate further in the herring fishery or to purchase another permit.

(c) Notwithstanding subdivision (b), in the event of the death of one of the partners holding a herring permit pursuant to this section, where the partnership existed for longer than six months but less than three years and the surviving partner does not have the minimum points pursuant to subdivision (b) to qualify for a permit transfer, the permit may be transferred on an interim basis for a period of not more than 10 years to the surviving partner if an application is submitted to the department within one year of the deceased partner’s death and the surviving partner participates in the fishery for the purpose of achieving the minimum number of points to be eligible for a permit transfer pursuant to Section 8552.2. The interim permit shall enable the surviving partner to participate in the herring fishery. At the end of the interim permit period, the surviving partner, upon application to the department, may be issued the permit if he or she has participated in the fishery and gained the minimum number of experience points for a permit.

history: (History: Amended by Stats. 2001, Ch. 753, Sec. 20. Effective January 1, 2002.)

article: 15. Herring


text: The department shall reissue a herring permit which has been transferred pursuant to Section 8552.2 or 8552.6 upon payment of a transfer fee by the transferee of the permit. Before April 1, 1997, the transfer fee is two thousand five hundred dollars ($2,500), and, on and after April 1, 1997, the transfer fee is five thousand dollars ($5,000). The fees shall be deposited in the Fish and Game Preservation Fund and shall be expended for research and management activities to maintain and enhance herring resources pursuant to subdivision (a) of Section 8052.

history: (History: Amended by Stats. 1994, Ch. 360, Sec. 1. Effective January 1, 1995.)

article: 15. Herring


text:
(a) For purposes of this article, the experience points for a person engaged in the herring roe fishery shall be based on the number of years holding a commercial fishing license and the number of years having served as a crewmember in the herring roe fishery, and determined by the sum of both of the following:

(1) One point for each year in the previous 12 years (prior to the current license year) that the person has held a commercial fishing license issued pursuant to Section 7852, not to exceed a maximum of 10 points.

(2) Five points for one year of service as a paid crewmember in the herring roe fishery, as determined pursuant to Section 8559, three points for a second year of service as a paid crewmember, and two points for a third year as a paid crewmember, beginning with the 1978–79 herring fishing season, not to exceed a maximum of 10 points.

(b) The department shall maintain a list of all individuals possessing the maximum of 20 experience points and of all those persons holding two points or more, grouped in a list by number of points. The list shall be maintained annually and shall be available from the department to all pointholders and to all herring permittees. All pointholders are responsible for providing the department with their current address and for verifying points credited to them by the department.

(c) A herring permittee may use the department’s list and rely upon that list in making offers for transfer of his or her permit until the date of the annual distribution of the new list. On and after the date of the annual revision of the list, the permittee shall use the new list.

(d) The point provisions in this section are for purposes of sale of a permit or transfer to a partner of a coowned permit.

history: (History: Amended by Stats. 2000, Ch. 388, Sec. 18. Effective January 1, 2001.)

article: 15. Herring


text:
(a) Upon the death of a herring permittee, the permit shall vest in the permittee’s estate or in the surviving community estate, and may be transferred by the executor, administrator, personal representative, or surviving spouse to a qualified pointholder pursuant to Section 8552.2 or to a qualified partner, pursuant to Section 8552.6.

(b) The transfer shall be initiated by notice to the department, in writing, sent by certified mail, within one year of the date of death.

(c) If no transfer is initiated within one year of the date of death, the permit shall revert to the department for disposition pursuant to Section 8552.4, and thereafter be treated as a herring permit that has not been renewed.

(d) The department may, upon written application, grant an extension of time up to one additional year for the transfer to be initiated.

history: (History: Added by renumbering Section 8104 by Stats. 2023, Ch. 132, Sec. 150. (AB 1760) Effective January 1, 2024.)

article: 15. Herring


citation: FGC § 8553

text: The commission may make and enforce such regulations as may be necessary or convenient for carrying out any power, authority, or jurisdiction conferred under this article.

history: (History: Added by Stats. 1973, Ch. 733.)

article: 15. Herring


citation: FGC § 8554

text: The commission, in adopting regulations for the commercial herring fishery, shall provide for the temporary substitution of a permittee to take herring, if the permittee is ill or injured, by a crewmember aboard the vessel operated by the permittee. The commission may require that proof of the illness or injury be substantiated to the satisfaction of the department.

history: (History: Added by Stats. 1986, Ch. 725, Sec. 3.)

article: 15. Herring


citation: FGC § 8555

text: The director shall periodically meet and confer with representatives of the commercial herring roe fishery to review regulations and policies of the commission and the department concerning that fishery and to receive recommendations on the regulation and management of that fishery. In particular, those representatives and their legal counsel may recommend to the department, for recommendation to the commission for adoption by the commission as regulations, requirements for the payment of civil damages that may be imposed in lieu of revoking or suspending a permit issued pursuant to this article or for violations of regulations adopted by the commission pertaining to the herring roe fishery.

history: (History: Added by Stats. 1986, Ch. 725, Sec. 4.)

article: 15. Herring


citation: FGC § 8556

text: Notwithstanding any other provision of law, the commission shall determine, by regulation, if drift or set gill nets may be used to take herring for commercial purposes. The commission may also determine, by regulation, the size of the meshes of the material used to make such gill nets.

history: (History: Added by Stats. 1976, Ch. 882.)

article: 15. Herring


citation: FGC § 8557

text: Notwithstanding any other provision of law, the commission shall determine if round haul nets may be used to take herring in Districts 12 and 13 and the conditions under which those nets may be used.

history: (History: Amended by Stats. 1987, Ch. 269, Sec. 17.)

article: 15. Herring


citation: FGC § 8559

text: The commission, in determining experience requirements for new entrants into the herring fishery after January 1, 1987, shall require that any person seeking a permit to operate a vessel to take herring and claiming crew experience shall demonstrate, to the satisfaction of the department, proof of payment as a crewmember in the herring fishery based on tax records or copies of canceled checks offered and accepted as payment for service on a crew in the California herring roe fishery.

history: (History: Added by Stats. 1986, Ch. 725, Sec. 5.)

article: 15. Herring


citation: FGC § 8561

text:
(a) Notwithstanding Section 8394, shark and swordfish shall not be taken for commercial purposes with drift gill nets except under a valid drift gill net shark and swordfish permit issued to that person that has not been suspended or revoked and is issued to at least one person aboard the boat.

(b) A drift gill net shark and swordfish permit shall not be required for the taking of sharks with drift gill nets with a mesh size smaller than eight inches in stretched mesh and twine size no. 18 or the equivalent of this twine size or smaller.

(c) Notwithstanding Section 8102 or any other law, a permit issued pursuant to this section shall be surrendered or revoked as of January 31 of the fourth year following the department’s notification to the Legislature pursuant to paragraph (2) of subdivision (b) of Section 8583.

history: (History: Amended by Stats. 2018, Ch. 844, Sec. 3. (SB 1017) Effective January 1, 2019.)

path: 6. FISH > 2. Particular Varieties of Fish > 16. Drift Gill Net Shark and Swordfish Fishery


text:
(a) Notwithstanding Section 8102 or any other law, a permit issued pursuant to Section 8561 may not be transferred.

(b) This section shall become operative on March 31, 2019.

history: (History: Repealed and added by Stats. 2018, Ch. 844, Sec. 5. (SB 1017) Effective January 1, 2019. Section operative March 31, 2019, by its own provisions.)

article: 16. Drift Gill Net Shark and Swordfish Fishery


citation: FGC § 8562

text: Applications delivered to a department office after April 30, or if mailed, postmarked after April 30, shall not be accepted unless approved by the commission pursuant to Section 8569.

history: (History: Amended by Stats. 1998, Ch. 525, Sec. 10. Effective January 1, 1999.)


citation: FGC § 8563

text:
(a) Except as provided in subdivision (b), the permittee shall be aboard the vessel and shall be in possession of a valid drift gill net shark and swordfish permit when engaged in operations authorized by the permit.

(b) A permittee may have a person serve in the permittee’s place on the permittee’s vessel and engage in fishing under the permittee’s drift gill net shark and swordfish permit for not more than 15 days in a calendar year, except that a longer period may be allowed in the event of serious illness. A permittee shall notify the department’s Long Beach office of a substitution of 15 days or less per calendar year, by certified letter or telegram at least 24 hours before the commencement of the trip. Written authorization for a substitution of greater than 15 days shall be obtained from the director and shall be given only on the director’s finding that the permittee will not be available to engage in the activity due to serious illness, supported by medical evidence. An application for a substitution of greater than 15 days shall be made to the department’s headquarters office in Sacramento, and shall contain any information the director requires. A denial of the substitution may be appealed to the commission.

history: (History: Amended by Stats. 2015, Ch. 154, Sec. 94. (AB 1527) Effective January 1, 2016.)


citation: FGC § 8564

text:
When the permittee applies for a drift gill net shark and swordfish permit, the permittee shall specify the vessel he or she will use in operations authorized by the permit. Transfer to another vessel shall be authorized by the department upon receipt of a written request from the permittee, accompanied by a transfer fee of one hundred thirty dollars ($130), as follows:

(a) One transfer requested between February 1 and April 30 shall be made by the department upon request and payment of the fee.

(b) Any transfer, except as provided in subdivision (a), shall be authorized by the department only after receipt of proof of a compelling reason, which shall be submitted with the request for transfer, such as the sinking of the vessel specified for use in operations authorized by the permit.

history: (History: Amended by Stats. 1992, Ch. 701, Sec. 38. Effective September 15, 1992. Operative April 1, 1993, by Sec. 71 of Ch. 701.)


citation: FGC § 8567

text: The fee for a drift gill net shark and swordfish permit shall be three hundred thirty dollars ($330).

history: (History: Amended by Stats. 1996, Ch. 870, Sec. 40. Effective January 1, 1997.)


citation: FGC § 8568

text:
Drift gill net shark and swordfish permits shall be issued to any prior permittee who possesses a valid drift gill net shark and swordfish permit issued pursuant to this section, but only if the permittee meets both of the following requirements:

(a) Possesses a valid permit for the use of gill nets authorized pursuant to Section 8681.

(b) Possessed a valid drift gill net shark and swordfish permit during the preceding season and that permit was not subsequently revoked.

history: (History: Amended by Stats. 2002, Ch. 962, Sec. 5. Effective September 27, 2002.)


text: Any person holding a valid drift gill net shark and swordfish permit on or after January 1, 2000, who did not make, on or after January 1, 2000, the minimum landings required under subdivision (c) of Section 8568, as amended by Section 11 of Chapter 525 of the Statutes of 1998, is eligible for that permit when that person meets all other qualifications for the permit.

history: (History: Added by Stats. 2002, Ch. 962, Sec. 6. Effective September 27, 2002.)


citation: FGC § 8569

text: The commission may establish conditions for the issuance of a permit if the person’s drift gill net shark and swordfish permit was revoked during a preceding season or if the person possessed a valid permit during the preceding season but did not apply for renewal of his or her permit on or before April 30. The applicant for a permit under this section may appeal to the director for the issuance of the permit under those conditions.

history: (History: Amended by Stats. 2002, Ch. 962, Sec. 7. Effective September 27, 2002.)


citation: FGC § 8573

text:
Drift gill nets may be used to take shark and swordfish under the permit provided in this article, subject to Section 8610.3 and all of the following restrictions:

(a) From June 1 to November 15, inclusive, shark or swordfish gill nets shall not be in the water from two hours after sunrise to two hours before sunset east of a line described as follows:

From a point beginning at Las Pitas Point to San Pedro Point on Santa Cruz Island, thence to Gull Island Light, thence to the northeast extremity of San Nicolas Island, thence along the high water mark on the west side of San Nicolas Island to the southeast extremity of San Nicolas Island, thence to the northwest extremity of San Clemente Island, thence along the high water mark on the west side of San Clemente Island to the southeast extremity of San Clemente Island, thence along a line running 150° true from the southeast extremity of San Clemente Island to the westerly extension of the boundary line between the Republic of Mexico and San Diego County.

(b) (1) The total maximum length of a shark or swordfish gill net on the net reel on a vessel, on the deck of the vessel, and in the water at any time shall not exceed 6,000 feet in float line length. The float line length shall be determined by measuring the float line, as tied, of all the net panels, combined with any other netted lines. The existence of holes, tears, or gaps in the net shall have no bearing on the measurement of the float line. The float line of any net panels with holes, tears, or gaps shall be included in the total float line measurement.

(2) Any shark or swordfish gill net on the reel shall have the float lines of the adjacent panels tied together, the lead lines of the adjacent panels tied together, and the web of the adjacent panels laced together. No quick disconnect device may be used unless the total maximum length of all shark and swordfish gill nets, including all spare gill nets or net panels on the vessel and all gill nets or net panels on the net reels on the vessel, on the deck of the vessel, stored aboard the vessel, and in the water, does not exceed 6,000 feet in float line length as determined under paragraph (1).

(3) Spare shark or swordfish gill net aboard the vessel shall not exceed 250 fathoms (1,500 feet) in total length, and the spare net shall be in separated panels not to exceed 100 fathoms (600 feet) in float line length for each panel, with the float lines and leadlines attached to each panel separately gathered and tied, and the spare net panels stowed in lockers, wells, or other storage space.

(4) If a torn panel is replaced in a working shark or swordfish gill net, the torn panel shall be removed from the working net before the replacement panel is attached to the working net.

(c) Any end of a shark or swordfish gill net not attached to the permittee’s vessel shall be marked by a pole with a radar reflector. The reflector shall be at least six feet above the surface of the ocean and not less than 10 inches in any dimension except thickness. The permittee’s permit number shall be permanently affixed to at least one buoy or float that is attached to the radar reflector staff. The permit number shall be at least one and one-half inches in height and all markings shall be at least one-quarter inch in width.

(d) For the purposes of this article, “shark or swordfish gill net” means a drift gill net of 14-inch or greater mesh size.

history: (History: Amended by Stats. 2007, Ch. 285, Sec. 123. Effective January 1, 2008.)


citation: FGC § 8574

text:
(a) Drift gill nets with mesh size less than 14 inches in stretched mesh shall not be used to take shark and swordfish by permittees operating under a drift gill net shark and swordfish permit, and the permittee shall not have aboard the vessel or in the water a drift gill net with mesh size less than 14 inches and more than 8 inches in stretched mesh.

(b) No permittee shall deploy a drift gill net of less than 14-inch mesh size at the time that the permittee has a shark or swordfish gill net deployed.

history: (History: Amended by Stats. 1985, Ch. 1558, Sec. 3. Effective October 2, 1985.)


citation: FGC § 8575

text:
Drift gill nets used to take shark and swordfish under the permit provided in this article shall not be used under the following circumstances:

(a) From May 1 through July 31, within six nautical miles westerly, northerly, and easterly of the shoreline of San Miguel Island between a line extending six nautical miles west magnetically from Point Bennett and a line extending six nautical miles east magnetically from Cardwell Point and within six nautical miles westerly, northerly, and easterly of the shoreline of Santa Rosa Island between a line extending six nautical miles west magnetically from Sandy Point and a line extending six nautical miles east magnetically from Skunk Point.

(b) From May 1 through July 31, within 10 nautical miles westerly, southerly, and easterly of the shoreline of San Miguel Island between a line extending 10 nautical miles west magnetically from Point Bennett and a line extending 10 nautical miles east magnetically from Cardwell Point and within 10 nautical miles westerly, southerly, and easterly of the shoreline of Santa Rosa Island between a line extending 10 nautical miles west magnetically from Sandy Point and a line extending 10 nautical miles east magnetically from Skunk Point.

(c) From May 1 through July 31, within a radius of 10 nautical miles of the west end of San Nicolas Island.

(d) From August 15 through September 30, in ocean waters bounded as follows: beginning at Dana Point, Orange County, in a direct line to Church Rock, Catalina Island; thence in a direct line to Point La Jolla, San Diego County; and thence northwesterly along the mainland shore to Dana Point.

(e) From August 15 through September 30, in ocean waters within six nautical miles of the coastline on the northerly and easterly side of San Clemente Island, lying between a line extending six nautical miles west magnetically from the extreme northerly end of San Clemente Island to a line extending six nautical miles east magnetically from Pyramid Head.

(f) From December 15 through January 31, in ocean waters within 25 nautical miles of the mainland coastline.

history: (History: Amended by Stats. 1994, Ch. 439, Sec. 8. Effective January 1, 1995.)


text:
Drift gill nets used to take shark and swordfish under the permit provided in this article shall not be used in the following areas:

(a) Within 12 nautical miles from the nearest point on the mainland shore north of a line extending due west from Point Arguello.

(b) East of a line running from Point Reyes to Noonday Rock to the westernmost point of Southeast Farallon Island to Pillar Point.

history: (History: Added by Stats. 1986, Ch. 671, Sec. 3.5.)


citation: FGC § 8576

text:
(a) Drift gill nets shall not be used to take shark or swordfish from February 1 to April 30, inclusive.

(b) Drift gill nets shall not be used to take shark or swordfish in ocean waters within 75 nautical miles from the mainland coastline between the westerly extension of the California-Oregon boundary line and the westerly extension of the United States-Republic of Mexico boundary line from May 1 to August 14, inclusive.

(c) Subdivisions (a) and (b) apply to any drift gill net used pursuant to a permit issued under Section 8561 or 8681, except that drift gill nets with a mesh size smaller than eight inches in stretched mesh and twine size number 18, or the equivalent of this twine size, or smaller, used pursuant to a permit issued under Section 8681, may be used to take species of sharks other than thresher shark, shortfin mako shark, and white shark during the periods specified in subdivisions (a) and (b). However, during the periods of time specified in subdivisions (a) and (b), not more than two thresher sharks and two shortfin mako sharks may be possessed and sold if taken incidentally in drift gill nets while fishing for barracuda or white seabass and if at least 10 barracuda or five white seabass are possessed and landed at the same time as the incidentally taken thresher or shortfin mako shark. No thresher shark or shortfin mako shark taken pursuant to this subdivision shall be transferred to another vessel before landing the fish. Any vessel possessing thresher or shortfin mako sharks pursuant to this section shall not have any gill or trammel net aboard that is constructed with a mesh size greater than eight inches in stretched mesh and twine size greater than number 18, or the equivalent of a twine size greater than number 18.

(d) Notwithstanding the closure from May 1 to August 14, inclusive, provided by subdivision (b), a permittee may land swordfish or thresher shark taken in ocean waters more than 75 nautical miles from the mainland coastline in that period if, for each landing during that closed period, the permittee signs a written declaration under penalty of perjury that the fish landed were taken more than 75 nautical miles from the mainland coastline. The declaration shall be completed and signed before arrival at any port in this state. Within 72 hours of the time of arrival, the permittee shall deliver the declaration to the department.

(e) If any person is convicted of falsely swearing a declaration under subdivision (d), in addition to any other penalty prescribed by law, the following penalties shall be imposed:

(1) The fish landed shall be forfeited, or, if sold, the proceeds from the sale shall be forfeited, pursuant to Sections 12159, 12160, 12161, and 12162.

(2) All shark or swordfish gill nets possessed by the permittee shall be seized and forfeited pursuant to Section 8630 or 12157.

(f) From August 15 of the year of issue to January 31, inclusive, of the following year, swordfish may be taken under a permit issued pursuant to this article.

history: (History: Amended by Stats. 2007, Ch. 285, Sec. 124. Effective January 1, 2008.)


text: Thresher shark taken with drift gill nets shall not have the pelvic fin severed from the carcass until after the shark is brought ashore.

history: (History: Added by Stats. 1988, Ch. 589, Sec. 2.)


citation: FGC § 8577

text:
Notwithstanding Section 8394, the director may close the drift gill net shark and swordfish fishery, the swordfish harpoon fishery, or any area where either or both fisheries are conducted, if, after a public hearing, the director determines the action is necessary to protect the swordfish or thresher shark and bonito (mako) shark resources.

The director shall reopen a fishery or any fishing areas previously closed pursuant to this section if the director determines that the conditions which necessitated the closure no longer exist.

history: (History: Amended by Stats. 1994, Ch. 439, Sec. 10. Effective January 1, 1995.)


citation: FGC § 8579

text:
(a) A permittee shall be subject to the provisions of this article whenever the permittee is using a drift gill net, unless the permittee has surrendered his or her permit to the department.

(b) A permittee may surrender his or her permit by notifying the department of his or her intentions by submitting a notarized form provided by the department and by sending or delivering his or her permit to a department office as prescribed on the form.

history: (History: Amended by Stats. 2018, Ch. 844, Sec. 6. (SB 1017) Effective January 1, 2019.)


citation: FGC § 8580

text: It is unlawful for any permittee to sell swordfish taken by him or her to other than the persons described in Section 8032 or 8033.

history: (History: Amended by Stats. 1988, Ch. 246, Sec. 7.)


citation: FGC § 8581

text: Any license issued pursuant to Sections 8032 to 8036, inclusive, may be revoked or suspended by the commission, when requested by the department, upon a conviction for a violation of Section 8043 for failure to report, or for inaccurately reporting, shark or swordfish landings by fishermen operating under permits issued pursuant to Section 8394 or 8561.

history: (History: Amended by Stats. 1988, Ch. 246, Sec. 8.)


citation: FGC § 8582

text:
(a) The Legislature finds and declares that the intent of this article is not to permit or encourage the taking of marlin for commercial purposes.

(b) It shall be a misdemeanor for any person operating under a permit pursuant to this article to sell or possess for sale or personal use any marlin. In the event a marlin is taken incidentally in a drift gill net, the permittee shall notify the department immediately that the fish is on the boat. No marlin may be removed from the boat except for delivery to the department.

history: (History: Added by Stats. 1982, Ch. 1078, Sec. 3. Effective September 15, 1982.)


citation: FGC § 8583

text:
(a) By March 31, 2020, the department shall establish a program to transition the holders of drift gill net permits issued pursuant to Section 8561 out of the drift gill net fishery that includes the following conditions:

(1) A permittee who chooses to participate in the transition program shall indicate the permittee’s intention to the department to participate by submitting a notarized form provided by the department on or before January 1, 2020.

(2) A permittee who has landed swordfish or thresher shark with a shark or swordfish gill net or with a deep-set buoy gear authorized pursuant to a federal exempted fishing permit between April 1, 2012, and March 31, 2018, inclusive, and who voluntarily surrenders the permittee’s drift gill net permit issued pursuant to Section 8561 and shark or swordfish gill net or nets shall receive, to the extent that funds for the transition program are available, the following amounts:

(A) Ten thousand dollars ($10,000) to surrender the permit.

(B) One hundred thousand dollars ($100,000) to surrender the net or nets.

(3) A permittee who has not landed swordfish or thresher shark on or after April 1, 2012, and who voluntarily surrenders the permittee’s drift gill net permit issued pursuant to Section 8561 and shark or swordfish gill net or nets shall receive, to the extent that funds for the transition program are available, ten thousand dollars ($10,000).

(4) The department shall inform a permittee who submits a notarized form pursuant to paragraph (1) whether the permittee meets the requirements of paragraph (2) or (3) and the department shall submit this information to the fiscal agent.

(5) Any permittee who participates in the transition program by surrendering the permittee’s permit pursuant to paragraph (2) or (3) shall be prohibited from obtaining a new California drift gill net shark and swordfish permit, shall agree not to fish under a federal drift gill net permit, shall agree not to transfer or renew a federal drift gill net permit, and shall surrender the permittee’s shark or swordfish gill net or nets to an entity approved by the department for the purpose of destroying the nets.

(b) (1) The department shall enter into an agreement with a fiscal agent for the fiscal agent to receive state and nonstate funds made available for purposes of the transition program, to put those funds in an escrow account, and, upon the receipt of adequate funds, to pay the applicable amount described in subdivision (a) to a participating permittee. As part of the agreement, the department shall require the fiscal agent to notify the department within 10 days of the receipt of one million dollars ($1,000,000) from nonstate sources for purposes of transitioning permittees out of the drift gill net fishery. If the department enters into an agreement with a fiscal agent that is a state entity pursuant to this subdivision, notwithstanding Section 13340 of the Government Code, any funds received from nonstate sources are continuously appropriated to that state entity for purposes of the transition program without regard to fiscal years.

(2) The department shall notify the Legislature pursuant to Section 9795 of the Government Code within 10 days of the date that the fiscal agent receives one million dollars ($1,000,000) from nonstate sources for purposes of the transition program and secures one million dollars ($1,000,000) through an agreement with the Ocean Protection Council pursuant to Section 35651 of the Public Resources Code.

(3) For purposes of this section, “fiscal agent” includes any of the following:

(A) The Department of Finance.

(B) The Pacific States Marine Fisheries Commission.

(C) The Controller.

(D) Any appropriate state or federal agency.

history: (History: Amended by Stats. 2019, Ch. 497, Sec. 119. (AB 991) Effective January 1, 2020.)


text: This article does not create or recognize a property right in fish expected to be caught using a permit issued pursuant to Section 8561.

history: (History: Added by Stats. 2018, Ch. 844, Sec. 8. (SB 1017) Effective January 1, 2019.)


citation: FGC § 8585

text: This article shall be known and may be cited as the Nearshore Fisheries Management Act.

history: (History: Added by Stats. 1998, Ch. 1052, Sec. 14. Effective January 1, 1999.)

article: 17. Nearshore Fisheries Management Act

path: 6. FISH > 2. Particular Varieties of Fish > 17. Nearshore Fisheries Management Act


text: The Legislature finds and declares that important commercial and recreational fisheries exist on numerous stocks of rockfish (genus Sebastes), California sheephead (genus Semicossyphus), kelp greenling (genus Hexagrammos), cabezon (genus Scorpaenichthys), and scorpionfish (genus Scorpaena), in the nearshore state waters extending from the shore to one nautical mile offshore the California coast, that there is increasing pressure being placed on these fish from recreational and commercial fisheries, that many of these fish species found in the nearshore waters are slow growing and long lived, and that, if depleted, many of these species may take decades to rebuild. The Legislature further finds and declares that, although extensive research has been conducted on some of these species by state and federal governments, there are many gaps in the information on these species and their habitats and that there is no program currently adequate for the systematic research, conservation, and management of nearshore fish stocks and the sustainable activity of recreational and commercial nearshore fisheries. The Legislature further finds and declares that recreational fishing in California generates funds pursuant to the Federal Aid in Sport Fish Restoration Act (16 U.S.C. Secs. 777 to 777l, inclusive), with revenues used for, among other things, research, conservation, and management of nearshore fish. The Legislature further finds and declares that a program for research and conservation of nearshore fish species and their habitats is needed, and that a management program for the nearshore fisheries is necessary. The Legislature further finds and declares that the commission should be granted additional authority to regulate the commercial and recreational fisheries to assure the sustainable populations of nearshore fish stocks. Lastly, the Legislature finds and declares that, whenever feasible and practicable, it is the policy of the state to assure sustainable commercial and recreational nearshore fisheries, to protect recreational opportunities, and to assure long-term employment in commercial and recreational fisheries.

history: (History: Amended by Stats. 1999, Ch. 483, Sec. 22. Effective January 1, 2000.)

article: 17. Nearshore Fisheries Management Act


citation: FGC § 8586

text:
The following definitions govern the construction of this article:

(a) “Nearshore fish stocks” means any of the following: rockfish (genus Sebastes) for which size limits are established under this article, California sheephead (Semicossyphus pulcher), greenlings of the genus Hexagrammos, cabezon (Scorpaenichthys marmoratus), scorpionfish (Scorpaena guttata), and may include other species of finfish found primarily in rocky reef or kelp habitat in nearshore waters.

(b) “Nearshore fisheries” means the commercial or recreational take or landing of any species of nearshore finfish stocks.

(c) “Nearshore waters” means the ocean waters of the state extending from the shore to one nautical mile from land, including one nautical mile around offshore rocks and islands.

history: (History: Amended by Stats. 1999, Ch. 483, Sec. 22.3. Effective January 1, 2000.)

article: 17. Nearshore Fisheries Management Act


text: Funding to pay the costs of this article shall be made available from the revenues deposited in the Fish and Game Preservation Fund pursuant to Sections 8587, 8589.5, and 8589.7, and other funds appropriated for these purposes.

article: 17. Nearshore Fisheries Management Act


citation: FGC § 8587

text: Any person taking, possessing aboard a boat, or landing any species of nearshore fish stock for commercial purposes shall possess a valid nearshore fishery permit issued to that person that has not been suspended or revoked, except that when using a boat to take nearshore fish stocks at least one person aboard the boat shall have a valid nearshore fishery permit. Nearshore fishing permits are revocable. The fee for a nearshore fishing permit is one hundred and twenty five dollars ($125).

history: (History: Amended by Stats. 1999, Ch. 483, Sec. 22.5. Effective January 1, 2000.)

article: 17. Nearshore Fisheries Management Act


text:
(a) The commission may adopt regulations as it determines necessary, based on the advice and recommendations of the department, to regulate nearshore fish stocks and fisheries. Regulations adopted by the commission pursuant to this section may include, but are not limited to, requiring submittal of landing and permit information, including logbooks; establishing a restricted access program; establishing permit fees; and establishing limitations on the fishery based on time, area, type, and amount of gear, and amount of catch, species, and size of fish.

(b) Regulations adopted by the commission pursuant to this section may make inoperative any fishery management statute relevant to the nearshore fishery. Any regulation adopted by the commission pursuant to this subdivision shall specify the particular statute to be made inoperative.

(c) The circumstances, restrictions, and requirements of Section 219 do not apply to regulations adopted pursuant to this section.

(d) Any regulations adopted pursuant to this section shall be adopted following consultation with fishery participants and other interested persons consistent with Section 7059.

history: (History: Amended by Stats. 2002, Ch. 559, Sec. 10. Effective January 1, 2003.)

article: 17. Nearshore Fisheries Management Act


citation: FGC § 8589

text: Funding to prepare the plan pursuant to subdivision (d) of Section 7072 and any planning and scoping meetings shall be derived from moneys deposited in the Fish and Game Preservation Fund pursuant to Section 8587 and other funds appropriated for these purposes.

article: 17. Nearshore Fisheries Management Act


text: The commission shall temporarily suspend and may permanently revoke the nearshore fishing permit of any person convicted of a violation of this article. In addition to, or in lieu of, a license or permit suspension or revocation, the commission may adopt and apply a schedule of fines for convictions of violations of this article.

article: 17. Nearshore Fisheries Management Act


text:
(a) Fees received by the department pursuant to Section 8587 shall be deposited in the Fish and Game Preservation Fund to be used by the department to prepare, develop, and implement the nearshore fisheries management plan and for the following purposes:

(1) For research and management of nearshore fish stocks and nearshore habitat. For the purposes of this section, “research” includes, but is not limited to, investigation, experimentation, monitoring, and analysis and “management” means establishing and maintaining a sustainable utilization.

(2) For supplementary funding of allocations for the enforcement of statutes and regulations applicable to nearshore fish stocks, including, but not limited to, the acquisition of special equipment and the production and dissemination of printed materials, such as pamphlets, booklets, and posters aimed at compliance with nearshore fishing regulations.

(3) For the direction of volunteer groups assisting with nearshore fish stocks and nearshore habitat management, for presentations of related matters at scientific conferences and educational institutions, and for publication of related material.

(b) The department shall maintain internal accounts that ensure that the fees received pursuant to Section 8587 are disbursed for the purposes stated in subdivision (a).

(c) The commission shall require an annual accounting from the department on the deposits into, and expenditures from, the Fish and Game Preservation Fund, as related to the revenues generated pursuant to Section 8587. Notwithstanding Section 7550.5 of the Government Code, a copy of the accounting shall be provided to the Legislature for review by the Joint Committee on Fisheries and Aquaculture, and if that committee is not in existence at the time, by the appropriate policy committee in each house of the Legislature.

(d) Unencumbered fees collected pursuant to Section 8587 during any previous calendar year shall remain in the fund and expended for the purposes of subdivision (a). All interest and other earnings on the fees received pursuant to Section 8587 shall be deposited in the fund and shall be used for the purposes of subdivision (a).

article: 17. Nearshore Fisheries Management Act


citation: FGC § 8590

text:
For the purposes of this article, “prawns” or “shrimp”, or both, include all of the following species:

(a) Spot prawn (Pandalus platyceros).

(b) Ridgeback prawn (Sicyonia ingentis).

(c) Coonstrip prawn (Pandalus danae).

(d) Pacific ocean shrimp (Pandalus jordani).

(e) Bay shrimp (Crangon franciscorum and Crago sp.).

(f) Red rock shrimp (Lysmata californica).

history: (History: Amended by Stats. 1985, Ch. 1442, Sec. 6.)

article: 18. Prawns and Shrimp

path: 6. FISH > 2. Particular Varieties of Fish > 18. Prawns and Shrimp


citation: FGC § 8591

text: Prawns or shrimp may be taken for commercial purposes under the regulations of the commission.

history: (History: Added by Stats. 1984, Ch. 1271, Sec. 18.)

article: 18. Prawns and Shrimp


citation: FGC § 8593

text: Except as provided in this article, prawns or shrimp may be taken in any waters of the state.

article: 18. Prawns and Shrimp


citation: FGC § 8594

text: From Point Conception south to the Mexican border, prawns or shrimp may be taken with prawn or shrimp traps only in waters 50 fathoms or greater in depth.

history: (History: Amended by Stats. 1994, Ch. 935, Sec. 12. Effective January 1, 1995.)

article: 18. Prawns and Shrimp


citation: FGC § 8595

text:
(a) Prawns or shrimp may be taken for commercial purposes with a trawl net, subject to Article 10 (commencing with Section 8830) of Chapter 3, or in either a prawn trap or a shrimp trap, subject to Article 1 (commencing with Section 9000) of Chapter 4.

(b) No other species shall be taken in a prawn trap or a shrimp trap. Any other species taken incidentally with a prawn trap or a shrimp trap shall be immediately released.

history: (History: Amended by Stats. 1985, Ch. 1442, Sec. 7.)

article: 18. Prawns and Shrimp


citation: FGC § 8596

text:
The following definitions govern the construction of this article:

(a) “Marine aquaria pet trade” means any activities connected with collecting, holding, selling, and displaying live aquatic marine life for pet, hobby, curio, or display purposes. “Marine aquaria pet trade” does not include activities connected with collecting, holding, selling, or displaying live aquatic marine life by, or for, scientific institutions exempted from permits pursuant to subdivision (e) of Section 2150.

(b) “Drop net” means a small, circular net with weights attached along the perimeter and with a single float attached at the center. A drop net is not more than 48 inches in its greatest diameter.

history: (History: Added by Stats. 1992, Ch. 742, Sec. 14. Effective January 1, 1993.)

article: 19. Marine Aquaria Pets

path: 6. FISH > 2. Particular Varieties of Fish > 19. Marine Aquaria Pets


citation: FGC § 8597

text:
(a) It is unlawful for any person to take, possess aboard a boat, or land for marine aquaria pet trade purposes any live organisms identified in subdivision (b), unless that person has a valid marine aquaria collector’s permit that has not been suspended or revoked. At least one person aboard the boat shall have a valid marine aquaria collector permit.

(b) Except as provided in Section 8598.2, and unless otherwise prohibited in this code, or regulations made pursuant thereto, specimens of the following groups or species may be taken, possessed aboard a boat, or landed under a marine aquaria collector’s permit:

(1) Marine plants:

(A) Chlorophyta.

(B) Phaeophyta.

(C) Rhodophyta.

(D) Spermatophyta, all species.

(2) Invertebrates:

(A) Polychaeta—worms; all species.

(B) Crustacea—shrimp, crabs; all species, except the following:

(i) Dungeness crab—Cancer magister.

(ii) Yellow crab—Cancer anthonyi.

(iii) Red crab—Cancer productus.

(iv) Sheep crab—Loxorhynchus grandis.

(v) Spot prawn—Pandalus platyceros.

(vi) Ridgeback prawn—Sicyonia ingentis.

(vii) Golden prawn—Penaeus californiensis.

(viii) Sand crab—Emerita analoga.

(ix) Redrock shrimp—Lysmata californica.

(x) Bay shrimp—Crangon sp. and Palaemon macrodactylus.

(xi) Ghost shrimp—Callianassa sp.

(C) Asteroidea—Sea stars; all species.

(D) Ophiuroidea—Brittle stars; all species.

(E) Gastropoda—snails, limpets, sea slugs; all species, except Kellet’s whelk—Kelletia kelleti.

(F) Bivalvia—clams and mussels; all species.

(G) Polyplacophora—Chitons; all species.

(H) Cephalopoda—Octopuses and squids; all species, except two spot octopuses—Octopus bimaculatus and Octopus maculoides—and market squid—Loligo opalescens.

(I) Tunicata—Sea squirts; all species.

(3) Vertebrates:

(A) Osteichthyes—Finfishes; all species, except the following:

(i) Rockfish—Sebastes sp. larger than six inches total length.

(ii) Sheephead—Semicossyphus pulcher larger than six inches total length.

(iii) Anchovy—Engraulis mordax.

(iv) Sardine—Sardinops sagax.

(v) Pacific/chub mackerel—Scomber japonicus.

(vi) Jack mackerel—Trachurus symmetricus.

(vii) Queenfish—Seriphus politus.

(viii) White Croaker—Genyonemus lineatus.

(ix) Top smelt—Atherinops affinis.

(x) Grunion—Leuresthes tenuis.

(xi) Shiner surf perch—Cymatogaster aggregata.

(xii) Longjawed mudsucker—Gillichthys mirabilis.

(B) Chondrichthyes—sharks, rays, and skates; all species less than 18 inches total length, except that leopard shark (Triakis semifasciata) shall be 36 inches or larger in total length.

(c) The holder of a permit issued pursuant to this section is not required to obtain or possess a kelp harvester’s license issued pursuant to Section 6651, a tidal invertebrate permit issued pursuant to Section 8500, or a general trap permit issued pursuant to Article 1 (commencing with Section 9000) of Chapter 4, when taking, possessing, or landing live organisms for marine aquaria pet trade purposes pursuant to subdivision (b), subject to regulations governing the taking of tidal invertebrates. The commission shall adopt regulations to implement this subdivision, and, for that purpose, may incorporate other regulations by reference.

history: (History: Amended by Stats. 2007, Ch. 285, Sec. 125. Effective January 1, 2008.)

article: 19. Marine Aquaria Pets


citation: FGC § 8598

text:
(a) Notwithstanding Section 8140 or subdivision (b) of Section 8597, specimens of the following groups or species shall not be taken, possessed aboard a boat, or landed for commercial purposes. Taking, possessing, or landing of any of the following species in a commercial operation is prima facie evidence that it was taken, possessed, or landed for commercial purposes:

(1) Invertebrates:

(A) Phylum Porifera—all sponges.

(B) Genus Pelagia sp.—jellyfish.

(C) Coelenterata—corals, anemones; all species.

(D) Order Gorgonacea—all gorgonians.

(E) Order Pennatulacea—all species, except Renilla kollikeri.

(F) Feather-duster worm—Eudistylia polymorpha.

(G) Fiddler crab—Uca crenulata.

(H) Umbrella crab—Cryptolithodes sitchensis.

(I) Stalked or goose barnacles—Pollicipes sp.

(J) Giant acorn barnacle—Balanus nubilus or B. aguila.

(K) Owl limpet—Lottia gigantea.

(L) Coffee bean shells—Trivia sp.

(M) Three-winged murex—Pteropurpura trialata.

(N) Vidler’s simnia—Simnia vidleri.

(O) Queen tegula—Tegula regina.

(P) Opisthobranchia (including nudibranchs)—all subclass Opisthobranchia species except:

(i) Sea hares—Aplysia californica and Aplysia vaccaria.

(ii) Hermissenda crassicornis.

(iii) Lion’s mouth—Melibe leonina.

(iv) Aeolidia papillosa.

(v) Spanish shawl—Flabellina iodinea.

(2) Vertebrates:

(A) All shark and ray eggcases.

(B) Brown smoothhound sharks—Mustelus hinlei—that are less than 18 inches in a whole condition or dressed with head and tail removed.

(C) Family Agonidae—all poachers.

(D) Wolf-eel—Anarrhichthys ocellatus.

(E) Juvenile sheephead—Semicossyphus pulcher (under six inches).

(F) Garibaldi—Hypsypops rubicundus.

(3) Live rocks.

(A) Rocks with living organisms attached, commonly called “live rocks,” shall not be taken or possessed except as provided in subparagraph (C).

(B) Rocks shall not be broken to take marine aquaria species, and any rock displaced to access any of those species shall be returned to its original position.

(C) Rocks cultured under the authority of an aquaculture registration may be possessed.

(b) No organisms may be taken, possessed, or landed for marine aquaria pet trade purposes under the terms of a marine aquaria collector’s permit in any of the following areas:

(1) On the north side of Santa Catalina Island from a line extending three nautical miles 90 degrees true from Church Rock to a line extending three nautical miles 270 degrees true from the extreme west end of the island.

(2) On the south or “back” side of Santa Catalina Island from a line extending three nautical miles 90 degrees true from Church Rock to a line extending three nautical miles 270 degrees true from the extreme west end of the island.

(3) Marine life refuges, marine reserves, ecological reserves, and state reserves.

history: (History: Amended by Stats. 2007, Ch. 285, Sec. 126. Effective January 1, 2008.)

article: 19. Marine Aquaria Pets


text:
(a) Marine organisms identified in subdivision (a) of Section 8597 shall not be taken except by the following methods:

(1) Hook and line.

(2) Drop net.

(3) Dip Net.

(4) Trap.

(5) Hand.

(6) Slurp gun.

(7) Spatula.

(b) Chemical anesthetics, poisons, or irritants shall not be used or possessed by any person taking or possessing fish, plants, or other marine organisms for the marine aquaria industry. For the purposes of this section, chemicals commonly used aboard vessels for insect and rodent control may be possessed if no means of delivering those chemicals, including, but not limited to, squirt bottles, used to target those marine organisms is possessed.

(c) Appliances shall be used so that rocks or other mineral matter, aquatic plants, fish, or other aquatic life not listed in subdivision (b) of Section 8597 are not removed from the bottom or otherwise disturbed.

article: 19. Marine Aquaria Pets


text:
(a) The fee for a marine aquaria collector’s permit shall be three hundred thirty dollars ($330).

(b) A person engaged in taking, possessing, or landing marine species under a marine aquaria collector’s permit shall not take, possess aboard a boat, or land any species under the authority of a scientific collector’s permit issued pursuant to Section 1002, 5515, or 10660 on the same fishing trip.

(c) The commission shall adjust the amount of the fees specified in subdivision (a) as necessary, to fully recover, but not exceed, all reasonable administrative and implementation costs of the department and the commission relating to those licenses.

history: (History: Amended by Stats. 2012, Ch. 559, Sec. 24. (AB 2402) Effective January 1, 2013.)

article: 19. Marine Aquaria Pets


text: Notwithstanding any other provision of this code, the director may close any portion of the fishery established under this article or any area in which this fishery is conducted, if, upon written finding, the director determines the action is necessary to protect any organisms listed in subdivision (a) of Section 8597 or the environment in which those organisms are located. The director shall reopen a fishery or any fishing areas previously closed pursuant to this section if the director determines that the conditions which necessitated the closure no longer exist.

article: 19. Marine Aquaria Pets


text: Notwithstanding Section 12000, a violation of this article or any regulation adopted thereunder is punishable by a fine of not less than two thousand dollars ($2,000) or more than five thousand dollars ($5,000).

article: 19. Marine Aquaria Pets


citation: FGC § 8599

text:
(a) It is unlawful to take any white shark (Carcharodon carcharias) for commercial purposes, except under permits issued pursuant to Section 1002 for scientific or educational purposes or pursuant to subdivision (b) for scientific or live display purposes.

(b) Notwithstanding subdivision (a), white sharks may be taken incidentally by commercial fishing operations using set gill nets, drift gill nets, or roundhaul nets. White shark taken pursuant to this subdivision shall not have the pelvic fin severed from the carcass until after the white shark is brought ashore. White shark taken pursuant to this subdivision, if landed alive, may be sold for scientific or live display purposes.

(c) Any white shark killed or injured by any person in self-defense may not be landed.

history: (History: Added by Stats. 1993, Ch. 1174, Sec. 3. Effective January 1, 1994.)

article: 20. White Sharks and Basking Sharks

path: 6. FISH > 2. Particular Varieties of Fish > 20. White Sharks and Basking Sharks


text: The department shall cooperate, to the extent that it determines feasible, with appropriate scientific institutions to facilitate data collection on white sharks taken incidentally by commercial fishing operations.

article: 20. White Sharks and Basking Sharks


text: The commission may adopt regulations to manage basking sharks. A basking shark may not be taken commercially unless the commission adopts regulations for that activity and the taking is in accordance with those regulations.

history: (History: Added by Stats. 1999, Ch. 483, Sec. 25. Effective January 1, 2000.)

article: 20. White Sharks and Basking Sharks


citation: FGC § 8601

text: Any net or line used to take fish that is anchored to the bottom on each end and is not free to drift with the tide or current is a set net or set line. Any net so placed that it will catch or impound fish within a bight, bay, or estuary, or against the shore upon the receding of the tide is a set net. Fyke nets, shrimp nets, or crab nets are not set nets.

history: (History: Amended by Stats. 1989, Ch. 655, Sec. 1.)

chapter: 3. Nets

article: 1. Generally

path: 6. FISH > 3. Nets > 1. Generally


text:
(a) Set nets and set lines shall be marked at both ends with buoys displaying above their waterlines, in numerals at least 2 inches high, the fisherman’s identification number.

(b) Each piece or panel of a set net shall be marked along the corkline of the net, in a manner determined by the department to adequately identify the net, with the fisherman’s identification number. The distance between the markings shall not exceed 45 fathoms. If the lost or abandoned net is recovered by the department or persons designated by the department, the commission may require the owner of the lost or abandoned net to pay for all recovery costs. The commission may revoke the owner’s set net permit issued pursuant to Section 8681 for failure to comply with this subdivision.

(c) If a person is unable to recover a set net or portion of a set net, the person shall contact one of the department offices located in the City of Belmont, Monterey, Los Alamitos, or San Diego, not later than 72 hours after returning to port following the loss and shall report all of the following information:

(1) The date and time when the set net was lost.

(2) The location, including depth, where the net was lost.

(3) A description of the lost net, including the mesh size, length, height, and target species, and whether anchors remain attached to the net.

(4) The name and fisherman’s identification number of the person owning the net.

(5) The name and fisherman’s identification number of the person fishing with the net, if different from paragraph (4).

(6) The name and California Fish and Game number of the vessel from which the lost net was being fished.

history: (History: Amended by Stats. 2001, Ch. 753, Sec. 21. Effective January 1, 2002.)

article: 1. Generally


text:
(a) The footrope (leadline) of any set net shall have a breaking strength of at least 50 pounds less than the combined breaking strength of the headrope and corkline.

(b) This section shall become operative on August 15, 1990.

history: (History: Added by Stats. 1989, Ch. 655, Sec. 3. Section operative August 15, 1990, by its own provisions.)

article: 1. Generally


citation: FGC § 8602

text: The length of the meshes of any net shall be determined by taking at least four meshes and measuring them inside the knots or, in the case of knotless nets, inside the points at which the meshes are joined while they are simultaneously drawn closely together.

history: (History: Amended by Stats. 1973, Ch. 136.)

article: 1. Generally


citation: FGC § 8603

text: It is unlawful to use or operate or assist in using or operating any net, trap, line, spear, or appliance, other than in connection with angling, in taking fish, except as authorized by this code.

history: (History: Amended by Stats. 2023, Ch. 132, Sec. 162. (AB 1760) Effective January 1, 2024.)

article: 1. Generally


citation: FGC § 8604

text:
It is unlawful willfully to disturb or injure any net, trap, or other apparatus to take fish which is being legally used in the waters of this state.

This section does not apply to employees of the department while they are engaged in the performance of their official duties.

history: (History: Amended by Stats. 1988, Ch. 220, Sec. 1.)

article: 1. Generally


citation: FGC § 8605

text: The department or any person authorized by it may use any net or other appliance in any district for the purpose of recovering fish from overflowed areas or landlocked sloughs or ponds where they have been left isolated by receding streams or floodwaters.

history: (History: Enacted by Stats. 1957, Ch. 456.)

article: 1. Generally


citation: FGC § 8607

text: It is unlawful for any person possessing or operating any type of net, trap, or line that is subject to federal groundfish regulations adopted pursuant to the Magnuson Fishery Conservation and Management Act (16 U.S.C., Sec. 1801 et seq.) to possess or land any load of fish in violation of those federal groundfish regulations.

history: (History: Added by Stats. 1983, Ch. 1048, Sec. 7. Effective September 26, 1983.)

article: 1. Generally


citation: FGC § 8608

text: Notwithstanding Sections 8660, 8665, 8724, and 8780, the commission may, after a public hearing, when it determines that it is in the best interests of the state’s marine resources and fisheries, adopt regulations, authorizing the use of nets not less than 75 feet from any private pier, wharf, jetty, breakwater, or dock, and restricting the use of the nets within 750 feet of any public pier. However, nothing in this section authorizes the commission to adopt regulations which would extend beyond the maximum of 750 feet the area in which the use of nets is prohibited, as specified in Sections 8660, 8665, 8724, and 8780, or which would prohibit the use of any nets within 75 feet of any private pier, wharf, jetty, breakwater, or dock if that use of the net is permitted by law.

history: (History: Added by Stats. 1983, Ch. 431, Sec. 1.)

article: 1. Generally


citation: FGC § 8609

text:
The Legislature finds and declares that:

(a) The central California nearshore gill and trammel net fisheries for California halibut (Paralichthys californicus) and white croaker (Genyonemus lineatus) and the use of gill nets in these fisheries are expanding at a rapid rate.

(b) The incidental take of certain species of seabirds and marine mammals in set gill and trammel nets could be increasing to a level which may be adversely impacting the viability of the populations of nontarget species.

history: (History: Amended by Stats. 1989, Ch. 564, Sec. 6.)

article: 1. Generally


text: The Marine Resources Protection Act of 1990 (Art. XB, Cal. Const.) was adopted as an initiative constitutional amendment at the November 6, 1990, general election. This article codifies and implements that initiative constitutional amendment.

history: (History: Added by Stats. 1992, Ch. 94, Sec. 1.5. Effective January 1, 1993.)

path: 6. FISH > 3. Nets > 1.4. Marine Resources Protection Act of 1990


text:
(a) “District” for the purposes of this article and of Article XB of the California Constitution means a fish and game district as defined in this code on January 1, 1990.

(b) Except as specifically provided in this article, all references to sections, articles, chapters, parts, and divisions of this code are to those statutes in effect on January 1, 1990.

(c) “Ocean waters” means the waters of the Pacific Ocean regulated by the state.

(d) “Zone” means the Marine Resources Protection Zone established pursuant to this article. The zone consists of the following:

(1) In waters less than 70 fathoms or within one mile, whichever is less, around the Channel Islands consisting of the Islands of San Miguel, Santa Rosa, Santa Cruz, Anacapa, San Nicolaus, Santa Barbara, Santa Catalina, and San Clemente.

(2) The area within three nautical miles offshore of the mainland coast, and the area within three nautical miles off any manmade breakwater, between a line extending due west from Point Arguello and a line extending due west from the Mexican border.

(3) In waters less than 35 fathoms between a line running 180 degrees true from Point Fermin and a line running 270 degrees true from the south jetty of Newport Harbor.

article: 1.4. Marine Resources Protection Act of 1990


text:
(a) From January 1, 1991, to December 31, 1993, inclusive, gill nets or trammel nets may only be used in the zone pursuant to a nontransferable permit issued by the department pursuant to Section 8610.5.

(b) On and after January 1, 1994, gill nets and trammel nets shall not be used in the zone.


text:
(a) Notwithstanding any other provision of law, gill nets and trammel nets may not be used to take any species of rockfish.

(b) In ocean waters north of Point Arguello on and after November 7, 1990, the use of gill nets and trammel nets shall be regulated by Article 4 (commencing with Section 8660), Article 5 (commencing with Section 8680) and Article 6 (commencing with Section 8720) of Chapter 3 of Part 3 of Division 6, or any regulation or order issued pursuant to these articles, in effect on January 1, 1990, except that as to Sections 8680, 8681, 8681.7, and 8682, and subdivisions (a) to (f), inclusive, of Section 8681.5, or any regulation or order issued pursuant to these sections, the provisions in effect on January 1, 1989, shall control where not in conflict with other provisions of this article, and shall be applicable to all ocean waters. Notwithstanding the provisions of this section, the Legislature shall not be precluded from imposing more restrictions on the use or possession of gill nets or trammel nets. The director shall not authorize the use of gill nets or trammel nets in any area where the use is not permitted even if the director makes specified findings.


text:
The department shall issue a permit to use a gill net or trammel net in the zone for the period specified in subdivision (a) of Section 8610.3 to any applicant who meets both of the following requirements:

(a) Has a commercial fishing license issued pursuant to Sections 7850 to 7852.3, inclusive.

(b) Has a permit issued pursuant to Section 8681 and is presently the owner or operator of a vessel equipped with a gill net or trammel net.


text: The department shall charge the following fees for permits issued pursuant to Section 8610.5 pursuant to the following schedule:Calendar YearFee1991$ 2501992 5001993 1,000


text: It is unlawful for any person to take, possess, receive, transport, purchase, sell, barter, or process any fish obtained in violation of this article.


text: To increase the state’s scientific and biological information on the ocean fisheries of this state, the department shall establish a program whereby it can monitor and evaluate the daily landings of fish by commercial fishermen who are permitted under this article to take these fish. The cost of implementing this monitoring program shall be borne by the commercial fishing industry.


text: The penalty for a violation of Section 8610.3 or 8610.4 is as specified in Section 12003.5.

history: (History: Amended by Stats. 2007, Ch. 263, Sec. 23. Effective January 1, 2008.)


text:
(a) Prior to January 1, 1994, the commission shall establish four new ecological reserves in ocean waters along the mainland coast. Each ecological reserve shall have a surface area of at least two square miles. The commission shall restrict the use of these ecological reserves to scientific research relating to the management and enhancement of marine resources, including, but not limited to, scientific research as it relates to sportfishing and commercial fishing.

Recreational uses, including, but not limited to, hiking, walking, viewing, swimming, diving, surfing, and transient boating are not in conflict with this section.

(b) Prior to establishing the four ecological reserves, the commission shall conduct a public hearing at each of the recommended sites or at the nearest practicable location.

(c) On and after January 1, 2002, the four ecological reserves established pursuant to subdivision (a) shall be called state marine reserves, unless otherwise reclassified pursuant to Section 2855, and shall become part of the state system of marine managed areas.

history: (History: Amended by Stats. 2000, Ch. 385, Sec. 6. Effective January 1, 2001.)


text: This article does not preempt or supersede any other closures to protect any other wildlife, including sea otters, whales, and shorebirds.


text: If any provision of this article or the application thereof to any person or circumstances is held invalid, that invalidity shall not affect other provisions or applications of this article which can be given effect without the invalid provision or application, and to this end the provisions of this article are severable.


citation: FGC § 8623

text:
(a) It is unlawful to use any purse seine or round haul net to take yellowtail, barracuda, or white sea bass.

(b) It is unlawful to possess any yellowtail, barracuda, or white sea bass, except those taken south of the international boundary between the United States and Mexico, and imported into the state under regulations of the commission as provided in Section 2362, on any boat carrying or using any purse seine or round haul net, including, but not limited to, a bait net as described in Section 8780.

(c) Gill nets with meshes of a minimum length of 312 inches may be used to take yellowtail and barracuda.

(d) Gill nets with meshes of a minimum length of six inches may be used to take white sea bass; however, during the period from June 16 to March 14, inclusive, not more than 20 percent by number of a load of fish may be white seabass 28 inches or more in total length, up to a maximum of 10 white seabass per load, if taken in gill nets or trammel nets with meshes from 312 to 6 inches in length.

(e) Notwithstanding subdivision (b), the department may issue permits to hook and line commercial fishermen to possess a bona fide bait net on their vessels for the purpose of taking bait for their own use only.

history: (History: Amended by Stats. 2023, Ch. 132, Sec. 165. (AB 1760) Effective January 1, 2024.)

path: 6. FISH > 3. Nets > 2. Nets for Particular Varieties of Fish


citation: FGC § 8625

text:
(a) Except as otherwise provided in this code, set gill nets and trammel nets with mesh size of not less than 812 inches may be used to take California halibut.

(b) Except as provided in subdivision (c), not more than 1,500 fathoms (9,000 feet) of gill net or trammel net shall be fished in combination each day for California halibut from any vessel in ocean waters.

(c) Not more than 1,000 fathoms (6,000 feet) of gill net or trammel net shall be fished in combination each day for California halibut from any vessel in ocean waters between a line extending due west magnetic from Point Arguello in Santa Barbara County and a line extending 172° magnetic from Rincon Point in Santa Barbara County to San Pedro Point at the east end of Santa Cruz Island in Santa Barbara County, then extending southwesterly 188° magnetic from San Pedro Point on Santa Cruz Island.

history: (History: Amended by Stats. 2023, Ch. 132, Sec. 166. (AB 1760) Effective January 1, 2024.)

article: 2. Nets for Particular Varieties of Fish


citation: FGC § 8626

text:
(a) Notwithstanding Section 8625, and where consistent with the determination made pursuant to subdivisions (b) and (c), the director may reduce the minimum mesh size permitted for gill and trammel nets used to take California halibut from 812 inches to not less than 8 inches in any or all areas south of a line extending 240° magnetic from the boundary line between the Counties of Los Angeles and Ventura.

(b) If, on or before October 1, 1990, the department determines that commercial landings of California halibut taken south of the line extending 240° magnetic from the boundary line between the Counties of Los Angeles and Ventura in the period between September 1, 1989, and August 31, 1990, decline by 10 percent or more compared with landings of California halibut taken in this area during the period between September 1, 1988, and August 31, 1989, the department shall assess the impact of the 812 inch minimum mesh size restriction on the California halibut fishery in the area described in subdivision (a). The assessment shall include, but is not limited to, an analysis of landing data, including landings of California halibut in Los Angeles, Orange, and San Diego Counties, the age and size composition of the catch, and the department’s monitoring at sea of the gill and trammel net fishery.

(c) If the department determines that the 812 inch minimum mesh size, established pursuant to Section 8625 has directly resulted in a decline of 10 percent or more in landings of California halibut south of the line extending 240° magnetic from the boundary between the Counties of Los Angeles and Ventura, the director shall hold a public hearing in the area affected to make findings and take public testimony prior to taking any action pursuant to subdivision (a).

history: (History: Amended by Stats. 2023, Ch. 132, Sec. 167. (AB 1760) Effective January 1, 2024.)


citation: FGC § 8630

text:
Any net or trap used for taking fish in violation of the provisions of this code is a public nuisance. It is the duty of every person authorized to make an arrest for such a violation to seize and keep the net and report the seizure to the department.

The department may commence proceedings in the superior court of the county or city and county in which the seizure is made by petitioning the court for a judgment forfeiting the net. Upon the filing of the petition, the clerk of the court shall fix a time for a hearing and cause notices to be posted for 14 days in at least three public places in the place where the court is held, setting forth the substance of the petition and the time and place fixed for its hearing. At that time, the court shall hear and determine the proceeding and, upon proof that the net was used in violation of this code shall order it forfeited. Any net so forfeited shall be sold or destroyed by the department. The proceeds from all those sales shall be paid into the Fish and Game Preservation Fund.

history: (History: Amended by Stats. 1985, Ch. 1442, Sec. 8.)

article: 3. Seizure

path: 6. FISH > 3. Nets > 3. Seizure


citation: FGC § 8631

text:
In lieu of a physical seizure pursuant to this article, any person authorized to make an arrest for a violation of any provision of this code, may attach to any net used for taking fish in violation of this code a tag of metal or other material, which shall be adopted by the department for this purpose and furnished to such person. The tag shall be impressed or printed with language stating that the net to which it is attached is thereby seized by the department as a public nuisance. The act of attaching such tag shall be a seizure within the meaning of this section.

Removal of a tag attached to any net pursuant to this section by any person other than a person authorized by the department, or the use of any such net by any person for fishing purposes, unless authorized by the department or by the superior court, is a misdemeanor.

article: 3. Seizure


citation: FGC § 8632

text: Within three days after the department has been notified in writing that a vessel carrying a seized net has arrived in port, the department may remove the net from the vessel, unless the owner has furnished a bond in accordance with Section 8633. The notice shall be sufficient when delivered to the office of the department nearest to the port at which the vessel has arrived.

history: (History: Amended by Stats. 2007, Ch. 285, Sec. 127. Effective January 1, 2008.)

article: 3. Seizure


citation: FGC § 8633

text: When any net is seized pursuant to this article, the owner or any other person otherwise entitled to possession of the net may apply to the superior court of the county or city and county in which the seizure was made, or the county or city and county of which the claimant is a resident, for leave to file a bond and regain possession of the net during the pendency of the proceedings. The bond shall be in an amount determined by the judge to be the actual value of the net at the time of its release. It shall be filed within three days after the seizure of the net, and shall be conditioned upon the return of the net to the custody of the department in the event the net is ordered forfeited. Upon filing the bond, the person on whose behalf it is given shall be put in possession of the net and may use the net until it is finally ordered delivered up and forfeited, if such be the judgment of the court.

history: (History: Amended by Stats. 1957, Ch. 632.)

article: 3. Seizure


citation: FGC § 8634

text: When any net is seized pursuant to this article and the owner or any other person otherwise entitled to possession of the net has filed a bond and regained possession of the net, the person in possession of the net, when in the judgment of the court the net is ordered forfeited, shall deliver the net to the department by removing the net from the boat and placing in a warehouse or storage designated by the department.

article: 3. Seizure


citation: FGC § 8635

text:
(a) Notwithstanding Section 8633, any net or trap seized pursuant to Section 8630 as illegal because of its size, manner of construction, materials used in its construction, or configuration of its parts is presumed to be contraband and shall not be returned pending forfeiture unless it can be and is modified to eliminate the condition of illegality. This subdivision does not apply to any net or trap seized pursuant to Section 8630 for illegal use.

(b) Notwithstanding subdivision (a), any net or trap seized pursuant to Section 8630 that is needed for evidence may be held for evidence.

history: (History: Added by Stats. 1983, Ch. 1048, Sec. 8. Effective September 26, 1983.)

article: 3. Seizure


citation: FGC § 8660

text: Nothing in this chapter authorizing the use of nets in District 19 or 19A shall authorize the use of any net within 750 feet of any pier, wharf, jetty, or breakwater, except that dip nets may be used subject to the provisions of Section 8870.

history: (History: Amended by Stats. 1963, Ch. 617.)

path: 6. FISH > 3. Nets > 4. Nets Generally in Particular Districts