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FGC Sec 8601-8890 Nets COMMERCIAL FISHING (Fish)
FISH AND GAME CODE
8601. 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.
8601.5. (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.
8601.6. (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.
8602. 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.
8603. 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 provided in this
chapter or Chapter 4 of this part.
8604. 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.
8605. 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.
8606. (a) The commission shall encourage the development of new
types of commercial fishing gear and new methods of using existing
commercial fishing gear by approving permits to be issued by the
department, consistent with the policies set forth in Section 1700,
for that development or use, subject to the following restrictions:
(1) A permit is subject to those conditions that the commission
deems necessary to ensure the proper utilization and protection of
the marine resources, and to minimize user group and resource
(2) A permit is valid for a period of not more than one year, but
may be renewed until the Legislature approves or disapproves the
permanent use or type of gear pursuant to subdivision (c).
(3) A permit shall be revoked if the continued use would have an
adverse impact on any resource, allocation of a resource, or other
adverse impact to established fisheries.
(b) A permit may authorize the use of new types of commercial
fishing gear and new methods of using existing gear otherwise
prohibited by this code and may authorize that use or the use of
existing gear in areas otherwise closed to that use by this code.
(c) The commission shall not authorize the issuance of
experimental gear permits concerning the use of a gear type in an
area, or portion of an area, for more than four consecutive years.
This subdivision applies to all experimental gear permits, whether
issued prior to or after January 1, 1992.
(d) Commencing January 1, 1993, the commission shall not authorize
the renewal of experimental gear permits originally issued prior to
January 1, 1990, but, notwithstanding this subdivision and
subdivision (c), may extend all experimental gear permits in
existence on the effective date of the act that amended this section
during the 1991 portion of the 1991-92 Regular Session of the
Legislature to December 31, 1992, regardless of how many years they
have been issued.
8606.1. (a) The Legislature finds and declares that the use of
nearshore trawl nets was authorized through the experimental gear
permit process and the alternative gear development program as a
potential alternative to the use of gill and trammel nets in areas
where the use of that gear type has been prohibited.
(b) The Legislature, in considering the needs of user groups,
requires the use of nearshore trawl nets to be phased out effective
January 1, 1993.
8607. 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.
8608. 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.
8609. 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
8610.1. 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.
8610.2. (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.
8610.3. (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
(b) On and after January 1, 1994, gill nets and trammel nets shall
not be used in the zone.
8610.4. (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.
8610.5. 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
(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
8610.6. The department shall charge the following fees for permits
issued pursuant to Section 8610.5 pursuant to the following schedule:
Calendar Year Fee
1991 $ 250
8610.7. (a) Commencing on July 1, 1993, there shall be paid to any
person who submitted the form required by Section 7 of Article XB of
the California Constitution within the 90-day period specified in
subdivision (a) of that section, holds a permit issued pursuant to
Section 5 of Article XB, who operates in the zone established
pursuant to that article, who surrenders that permit to the
department between July 1, 1993, and January 1, 1994, inclusive, and
who agrees to permanently discontinue fishing with gill and trammel
nets within the zone, a one-time compensation consisting of the
average annual ex vessel value of the fish other than any species of
rockfish landed by a fisherman, which were taken pursuant to a valid
general gill net or trammel net permit issued pursuant to Sections
8681 and 8682 within the zone during the years 1983 to 1987,
inclusive. The department shall determine the amount of compensation
to be paid by reviewing logs and landing receipts submitted to the
(b) Any person who did not submit the form required by Section 7
of Article XB of the California Constitution within the 90-day period
specified in subdivision (a) of that section, or whose claim to
compensation cannot be verified, shall not be compensated.
(c) Any person who is denied compensation by the department, as a
result of the department's failure to verify landings, may appeal
that decision to the commission.
(d) The State Board of Control shall, prior to the disbursement of
any funds, verify the eligibility of each person seeking
compensation and the amount of the compensation to be provided in
order to ensure compliance with this section.
(e) Notwithstanding any other provision of law, any legal action
or proceeding to challenge the validity of subdivision (b) of Section
3, or of Section 7, of Article XB of the California Constitution
shall be commenced on or before April 1, 1993. In all actions
brought to challenge the validity of subdivision (b) of Section 3, or
of Section 7, of Article XB of the California Constitution,
including the hearing of any such action on appeal from the decision
of a lower court, all courts where those actions are filed or pending
shall give preference to those actions over all other civil actions
filed or pending in that court, with respect to setting the action
for trial or hearing, and in trying or hearing the matter, to the end
that all such actions shall be heard and determined as expeditiously
(f) If subdivision (b) of Section 3, or Section 7, of Article XB
of the California Constitution is held invalid, any compensation paid
to a person pursuant to this section shall be repaid to the state.
No person shall be issued any permit or license pursuant to this
article until repayment has been made.
8610.8. (a) There is hereby created the Marine Resources Protection
Account in the Fish and Game Preservation Fund. On and after
January 1, 1991, the department shall collect any and all fees
required by this article. All fees received by the department
pursuant to this article shall be deposited in the account and shall
be expended or encumbered to compensate persons who surrender permits
pursuant to Section 8610.7 or to provide for administration of this
article. All funds received by the department during any fiscal year
pursuant to this article which are not expended during that fiscal
year to compensate persons as set forth in Section 8610.7 or to
provide for administration of this article shall be carried over into
the following fiscal year and shall be used only for those purposes.
All interest accrued from the department's retention of fees
received pursuant to this article shall be credited to the account.
The accrued interest may only be expended for the purposes authorized
by this article. The account shall continue in existence, and the
requirement to pay fees under this article shall remain in effect,
until the compensation provided in Section 8610.7 has been fully
funded or until January 1, 1995, whichever occurs first.
(b) An amount, not to exceed 15 percent of the total annual
revenues deposited in the account excluding any interest accrued or
any funds carried over from a prior fiscal year may be expended for
the administration of this article and Article XB of the California
(c) In addition to a valid California sportfishing license issued
pursuant to Section 7149, 7149.1, or 7149.2 and any applicable sport
license stamp issued pursuant to this code, a person taking fish
from ocean waters south of a line extending due west from Point
Arguello for sport purposes shall have permanently affixed to that
person's sportfishing license a marine resources protection stamp
which may be obtained from the department upon payment of a fee of
three dollars ($3). This subdivision does not apply to any one-day
(d) In addition to a valid California commercial passenger fishing
boat license required by Section 7920, the owner of any boat or
vessel who, for profit, permits any person to fish from the boat or
vessel in ocean waters south of a line extending due west from Point
Arguello, shall obtain and permanently affix to the license a
commercial marine resources protection stamp which may be obtained
from the department upon payment of a fee of three dollars ($3).
(e) The department may accept contributions or donations from any
person who wishes to donate money to be used for the compensation of
commercial gill net and trammel net fishermen who surrender permits
under this article.
(f) This section shall become inoperative on January 1, 1995.
8610.9. Any funds remaining in the Marine Resources Protection
Account in the Fish and Game Preservation Fund on or after January 1,
1995, shall, with the approval of the commission, be used to provide
grants to colleges, universities, and other bona fide scientific
research groups to fund marine resource related scientific research
within the ecological reserves established by Section 8610.14. An
amount, not to exceed 15 percent of the total funds remaining in that
account on or after January 1, 1995, may be expended for the
administration of this section.
8610.10. On or before December 31 of each year, the director shall
prepare and submit a report to the Legislature regarding the
implementation of this article, including an accounting of all funds.
The director shall include in the report an account of the costs
incurred by the department for the administration of this article and
Article XB of the California Constitution.
8610.11. It is unlawful for any person to take, possess, receive,
transport, purchase, sell, barter, or process any fish obtained in
violation of this article.
8610.12. 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
8610.13. (a) The penalty for a first violation of Sections 8610.3
and 8610.4 is a fine of not less than one thousand dollars ($1,000)
and not more than five thousand dollars ($5,000) and a mandatory
suspension of any license, permit, or stamp to take, receive,
transport, purchase, sell, barter, or process fish for commercial
purposes for six months. The penalty for a second or subsequent
violation of Sections 8610.3 and 8610.4 is a fine of not less than
two thousand five hundred dollars ($2,500) and not more than ten
thousand dollars ($10,000) and a mandatory suspension of any license,
permit, or stamp to take, receive, transport, purchase, sell,
barter, or process fish for commercial purposes for one year.
(b) Notwithstanding any other provisions of law, a violation of
Section 8610.8 shall be deemed a violation of Section 7145, and the
penalty for such violation shall be consistent with Section 12002.2.
(c) If a person convicted of a violation of Section 8610.3,
8610.4, or 8610.8 is granted probation, the court shall impose as a
term or condition of probation, in addition to any other term or
condition of probation, that the person pay at least the minimum fine
prescribed in this section.
8610.14. (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
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.
8610.15. This article does not preempt or supersede any other
closures to protect any other wildlife, including sea otters, whales,
8610.16. 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
8614. (a) If an experimental permit is revoked or not renewed,
pursuant to a judgment, a decision of the commission, or a
legislative enactment, and the permittee has an outstanding loan with
the State Coastal Conservancy under Section 31125 of the Public
Resources Code, as added by Chapter 910 of the Statutes of 1986, for
the purchase of alternative fishing gear, the unpaid balance of the
loan shall be excused from the date of revocation or nonrenewal of
the permit, or from the date of any judgment, decision, or enactment
which terminates the permit, if the permittee relinquishes the permit
and returns the collateral fishing gear to the department, in which
case the department shall take possession of the alternative fishing
gear for the State Coastal Conservancy. Any alternative gear
received by the department due to a revocation, nonrenewal, or
termination of an experimental permit may be resold by the State
Coastal Conservancy at fair market value to other experimental permit
applicants or holders under this article. If the permittee chooses
to keep the alternative gear and repay the loan, the rate of interest
shall be reduced to 3 percent for the remaining balance of the loan.
(b) If the Legislature approves the permanent use or type of gear
and the commercial fishing permit or the license for the permanent
use or type of gear is revoked for a violation of the terms and
conditions under which the fishery is conducted, the permittee shall
be responsible for any remaining balance on any outstanding loan with
the State Coastal Conservancy for the purchase of alternative
8615. (a) (1) Within the first six months of operation pursuant to
an experimental permit and after a reasonable and concerted effort to
utilize a new type of commercial fishing gear, the permittee may
request that the experimental permit be terminated if it is
economically infeasible to harvest the target species or the
alternative gear is impractical, inefficient, or ineffective within
the fishery or regional area selected. The permittee shall submit
copies of all landing receipts, a financial statement setting forth
the expenses and any revenue generated by the operation of the
alternative fishing gear, and a brief summary from any observers,
monitors, and employees regarding the operation of the alternative
fishing gear to the department. The department shall review the
permittee's submitted material.
(2) If the submitted material supports the claim that the new type
of commercial fishing gear utilized by the permittee was either
inefficient, impractical, or ineffective, or that it was not
economically feasible for the permittee to harvest the target
species, the department shall terminate the experimental permit and
submit its findings to the State Coastal Conservancy. Upon receiving
the department's report, the State Coastal Conservancy may terminate
the permittee's loan. If the permittee returns the collateral
fishing gear to the department, the State Coastal Conservancy shall
reimburse the permittee from the loan fund for the principal amount
of the loan repaid by the permittee. The department shall take
possession of the fishing gear for the State Coastal Conservancy,
which may resell the gear as set forth in subdivision (b) of Section
(3) If the information does not support the claim made by the
permittee, the department may still terminate the experimental
permit. The State Coastal Conservancy may terminate the remaining
balance on the loan if the permittee returns the collateral fishing
gear to the department, but the State Coastal Conservancy shall not
reimburse the permittee for previous loan payments.
(b) After six months of operation pursuant to an experimental
permit, any request to terminate the permit for the reasons set forth
in subdivision (a) shall include, in addition to the information
required by paragraph (1) of subdivision (a), an explanantion of the
changed circumstances or reasons that cause the new type of gear to
become inefficient, impractical, or ineffective or economically
infeasible to harvest the target species after the initial six-month
operating period. The department shall review the request and make
its recommendation to the State Coastal Conservancy following the
procedures set forth in subdivision (a). If the department
terminates the experimental gear permit, the State Coastal
Conservancy may terminate the remaining balance on the loan if the
permittee returns the collateral fishing gear to the department, but
it shall not reimburse the permittee for any loan payments received.
The department shall take possession of the alternative fishing gear
for the State Coastal Conservancy, which may resell the gear as set
forth in subdivision (b) of Section 8615.
8623. (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
(c) Gill nets with meshes of a minimum length of 31/2 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 31/2 to 6 inches in length.
(e) Notwithstanding the provisions of this section, 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.
8625. (a) Except as otherwise provided in this code, set gill nets
and trammel nets with mesh size of not less than 81/2 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
(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.
(d) This section shall become operative on August 15, 1989.
8626. (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 81/2 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
(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 81/2 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 81/2 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).
(d) This section shall become operative on August 15, 1989.
8630. 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.
8631. 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
8632. Within three days after the department has been notified in
writing that a vessel carrying a seized net has arrived in port, the
department shall 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 patrol office of the department
nearest to the port at which the vessel has arrived.
8633. 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.
8634. 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.
8635. (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
8660. 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.
8661. Vessels may carry nets across Districts 19A and 20 to open
water outside those districts. Vessels carrying nets may enter
harbors in Districts 19A and 20 only in cases of distress or
8663. No gill net, trammel net, or fyke net may be possessed on any
boat in the waters of any district lying upstream from a line drawn
between Antioch Point and the westerly tip of Kimball Island and from
a line drawn from Point Sacramento across the stream and touching
the most easterly point on Montezuma Island.
8664. Except in Districts 6 and 7, any net found in, or within 500
feet of the Klamath, Smith, Eel, Mad, Van Dusen, or Mattole Rivers,
or their tributaries, is prima facie evidence that the owner or
person in possession of the net is or has been using it unlawfully.
The provisions of this section do not apply to trawl or drag nets
8664.2. (a) Notwithstanding Sections 8693 and 8724, gill nets and
trammel nets shall not be used offshore of San Nicolas Island in
Ventura County in waters 20 fathoms or less in depth at mean lower
(b) No person, except state, local, or federal employees in the
performance of their official duties, shall discharge any firearm
within the sea otter translocation zone surrounding San Nicolas
(c) For purposes of this section, "sea otter translocation zone"
includes San Nicolas Island, the nearby islet of Begg Rock, and
surrounding waters within the following coordinates:
(North Latitude/West Longitude)
o , o , o , o ,
33 27.8 / 119 34.3 33 20.5 / 119 15.5
o , o , o , o ,
33 13.5 / 119 11.8 33 06.5 / 119 15.3
o , o , o , o ,
33 02.8 / 119 26.8 33 08.8 / 119 46.3
o , o , o , o ,
33 17.2 / 119 56.9 33 30.9 / 119 54.2
(d) The taking of a sea otter that is incidental to, and not for
the purpose of, the carrying out of an otherwise lawful activity
within the sea otter management zone described in subdivision (e), is
not a violation of the California Endangered Species Act, Chapter
1.5 (commencing with Section 2050) of Division 3, or Section 4700.
(e) For purposes of this section, "sea otter management zone"
includes all waters, islands, islets, and land areas seaward of mean
high tide subject to the jurisdiction of the United States, including
state tidelands, located south of Point Conception (34*26.9' N.
Latitude), excepting therefrom any area within the sea otter
translocation zone described in subdivision (c).
(f) This section shall become operative only upon the relocation
and release of sea otters to San Nicolas Island. This section shall
become inoperative if the sea otter translocation experiment is
declared a failure pursuant to the provisions of Public Law 99-625.
8664.5. (a) Notwithstanding Sections 8693 and 8724, gill nets and
trammel nets shall not be used in those portions of District 17
between a line extending 220* magnetic from the mouth of Waddell
Creek in Santa Cruz County and a line extending 252* magnetic from
Yankee Point, Carmel Highlands, in Monterey County in waters 30
fathoms or less in depth at mean lower low water.
(b) Notwithstanding Sections 8693 and 8724, gill nets and trammel
nets shall not be used in that portion of District 18 north of a line
extending due west from Point Sal in Santa Barbara County in waters
30 fathoms or less in depth at mean lower low water.
(c) Notwithstanding Sections 8693 and 8724, any person using gill
nets or trammel nets in those portions of Districts 17 and 18 from a
line extending 220 magnetic from the mouth of Waddell Creek in Santa
Cruz County to a line extending due west from Point Sal in Santa
Barbara County in waters between 30 fathoms and 40 fathoms in depth
at mean lower low water shall comply with all of the following
requirements in order to ensure adequate monitoring of fishing effort
to protect marine mammals:
(1) Prior to the use, the person shall notify the department that
gill nets or trammel nets will be set in the area.
(2) The person shall give adequate notification, as determined by
the department, to the department at its office in Monterey or Morro
Bay at least 24 hours prior to each fishing trip to ensure full
compliance and cooperation with the monitoring program. The
department may require that an authorized monitor be on board the
vessel. The department shall determine whether on board, at sea, or
shoreside monitoring is appropriate. If the authorized monitor is
not on board the fishing vessel, the fishing vessel operator and the
authorized monitor shall make every effort to remain in radio contact
if the radio equipment is made available to the monitor.
(3) To ensure the effectiveness of the monitoring program, gill
nets and trammel nets may be set or pulled only between one-half hour
after sunrise and one-half hour before sunset.
(4) A permit may be revoked and canceled pursuant to Section 8681
for failure to comply with the department's notification and
(d) If the director determines that the use of gill or trammel
nets is having an adverse impact on any population of any species of
seabird, marine mammal, or fish, the director shall issue an order
prohibiting or restricting the use, method of use, size, or materials
used in the construction of either or both types of those nets in
all or any part of District 10 or 17, or in all or any part of
District 18 north of a line extending due west from Point Conception
in Santa Barbara County for a specified period. The order shall take
effect no later than 48 hours after its issuance. The director
shall hold a properly noticed public hearing in a place convenient to
the affected area within one week of the effective date of the order
to describe the action taken and shall take testimony as to the
effect of the order and determine whether any modification of the
order is necessary.
(e) For purposes of this section, "adverse impact" means either of
(1) The danger of irreparable injury to, or mortality in, any
population of any species of seabird, marine mammal, or fish which is
occurring at a rate that threatens the viability of the population
as a direct result of the use of gill nets or trammel nets.
(2) The impairment of the recovery of a species listed as an
endangered species or threatened species pursuant to the federal
Endangered Species Act (16 U.S.C. Sec. 1531 et seq.) or the
California Endangered Species Act (Chapter 1.5 (commencing with
Section 2050) of Division 3) or a species of seabird, marine mammal,
or fish designated as fully protected under this code, as a direct
result of the use of gill nets or trammel nets.
(f) This section does not apply to any gill net with meshes 31/2
inches or less in length in any portion of District 18 between Yankee
Point in Monterey County and Point Sal in Santa Barbara County.
(g) The Legislature finds and declares that this section, as
amended by Chapter 884 of the Statutes of 1990, and as amended by the
act that amended this section during the 1992 portion of the 1991-92
Regular Session, is more restrictive on the use and possession of
gill nets and trammel nets than the version of this section in effect
on January 1, 1990, and therefore complies with Section 8610.4, and
Section 4 of Article XB of the California Constitution.
8664.67. "Impacted fisherman" for purposes of Sections 8664.5 and
8664.65, means any person who, from January 1, 1986, to December 31,
1990, inclusive, landed a minimum of 1,000 pounds of fish, other than
shark or rockfish, in each of at least three calendar years during
that period with set gill and trammel nets and landed the fish at
ports within areas subject to gill and trammel net closures pursuant
to Section 8664.5. Landings shall be verified by the fisherman's
submittal of landing receipts as provided in Section 8043.
8664.7. The initial period of effectiveness of an order issued
pursuant to subdivision (c) of Section 8664.5 shall not exceed 120
days. After a further public hearing, the director may, on the basis
of a report prepared by the department on the condition of the local
population of any species of seabird, marine mammal, or fish, extend
the order for a further specified period or reissue the order for a
further specified period.
8664.8. (a) Notwithstanding Sections 8685, 8687, 8696, and 8724,
and except as provided in subdivisions (c) and (d), set or drift gill
or trammel nets shall not be used in ocean waters between a line
extending 245* magnetic from the most westerly point of the west
point of the Point Reyes headlands in Marin County and the westerly
extension of the California-Oregon boundary.
(b) (1) Notwithstanding Sections 8664.5, 8687, 8696, and 8724, set
or drift gill or trammel nets shall not be used in waters which are
40 fathoms or less in depth at mean lower low water between a line
extending 245* magnetic from the most westerly point of the west
point of the Point Reyes headlands in Marin County and a line
extending 225* magnetic from Pillar Point at Half Moon Bay in San
(2) Notwithstanding Sections 8664.5, 8687, 8696, and 8724, set or
drift gill or trammel nets shall not be used in ocean waters which
are 60 fathoms or less in depth at mean lower low water between a
line extending 225* magnetic from Pillar Point at Half Moon Bay in
San Mateo County to a line extending 220* magnetic from the mouth of
Waddell Creek in Santa Cruz County.
(c) Subdivisions (a) and (b) do not apply to the use of drift gill
nets operated under a permit issued by the department in that part
of Arcata Bay in Humboldt County lying northeast of the Samoa Bridge
during the period from April 1 to September 30, inclusive. The
department may issue not more than six permits pursuant to this
subdivision. Each permit shall specify the amount and type of gear
which may be used under the permit.
(d) Subdivisions (a) and (b) do not apply to the use of set gill
nets used pursuant to Article 15 (commencing with Section 8550) of
Chapter 2 of Part 3 of Division 6 or regulations adopted under that
article or to the use of drift gill nets with a mesh size of 14
inches or more.
(e) (1) Notwithstanding subdivision (b) and Sections 8687, 8696,
and 8724, gill or trammel nets shall not be used within three
nautical miles of the Farallon Islands in San Francisco County, and
within three nautical miles of Noonday Rock buoy located
approximately 31/2 miles 276* magnetic from North Farallon Island.
(2) If the director determines that the use of set or drift gill
or trammel nets is having an adverse impact on any population of any
species of sea bird, marine mammal, or fish, the director shall issue
an order prohibiting the use of those nets between three nautical
miles and five nautical miles of the Farallon Islands and Noonday
Rock buoy or any portion of that area. The order shall take effect
not later than 48 hours after its issuance. The director shall hold
a properly noticed public hearing in a place convenient to the
affected area within one week of the effective date of the order to
describe the action taken and shall take testimony as to the effect
of the order and determine whether any modification of the order is
necessary. Gill and trammel nets used to take fish in District 10
shall be marked at each end with a buoy displaying above its
waterline in Arabic numerals at least two inches high, the fisherman'
s identification number issued by the department under Section 7852.
Nets shall be marked at both ends and at least every 250 fathoms
between the ends with flags of the same color and at least 144 square
inches in size, acceptable to the department.
(f) The Legislature finds and declares that this section, as
amended by Chapter 1633 of the Statutes of 1990, is more restrictive
on the use and possession of gill nets and trammel nets than the
version of this section in effect on January 1, 1990, and therefore
complies with Section 8610.4, and Section 4 of Article XB of the
8664.13. During the period from December 15 to May 15, inclusive,
set gill nets and trammel nets with mesh eight inches or greater and
less than 12 inches used in ocean waters 25 fathoms or less in depth
between a line extending due west magnetic from Point Conception and
the westerly extension of the boundary line between the Republic of
Mexico and the United States shall be constructed with breakaway and
anchoring features, as follows:
(a) The corkline and any other line which may extend across the
top of the net shall have a combined breaking strength not to exceed
(b) A breakaway device shall be used along the corkline (headrope)
and along the leadline (footrope) at regular intervals of 45 fathoms
(c) Each breakaway or disconnect device shall be constructed as
described in either of the following:
(1) Of nylon twine, or an equivalent material, with a breaking
strength of 200 pounds or less, using not more than eight complete
circular (360) wraps of the twine to connect the ends of each
corkline and leadline interval, which allows each breakaway or
disconnect device a breaking strength of not more than 1,600 pounds.
(2) As the department may otherwise authorize.
(d) Anchors used to secure each end of the net to the ocean bottom
shall weigh not less than 35 pounds each, and shall be attached to
the net by a ground rope and bridle with combined length of not less
than 15 fathoms from the anchor to the net.
8665. In District 118.5, nets may not be used within 750 feet of
any pier or dock, except for bait nets described in Section 8780 used
to capture live bait and lobster traps authorized for use pursuant
to Section 9010.
8666. The department may issue a revocable permit to take with set
gill nets or seines, mullet or carp in the waters of the Salton Sea
and in those portions of the New and Alamo Rivers upstream one mile
from their mouths as marked by the department, under commercial
license, subject to such restrictions as the commission deems
8667. No fish other than mullet or carp, and no mullet less than 14
inches in length may be taken or possessed by a licensed commercial
fisherman while fishing in the Salton Sea or the New and Alamo
8668. No commercial fishing under Section 8666, 8667, or 8669 shall
be carried on within the boundaries of any state or federal game
8669. It is unlawful to possess gill nets, seines, or other devices
capable of being used to take mullet or carp for commercial
purposes, within 500 yards of the Salton Sea and those portions of
the New and Alamo Rivers designated as commercial fishing waters
lying in District 22, except during such open season as may be
prescribed by the commission.
8670. It is unlawful for any person to use, operate, or assist in
using or operating any net to take salmon, steelhead, striped bass,
sturgeon, or shad for commercial purposes in any of the tidal waters (continued)