CCLME.ORG - Nets COMMERCIAL FISHING

(continued) ercial purposes in any of the tidal waters
lying upstream from the Carquinez Bridge, or to possess on any boat
in these waters any net the use of which is illegal in such waters.

8680. (a) The Legislature finds and declares that it is in the best
interest of the people of the state, the commercial fishing
industry, and California's marine resources that fishermen who use
gill nets or trammel nets be experienced in the use of those nets.
(b) In accordance with Section 4 of Article XB of the California
Constitution, this section contains the provisions in effect on
January 1, 1990.

8681. (a) Gill nets or trammel nets shall not be used for
commercial purposes except under a revocable, nontransferable permit
issued by the department. Each permittee shall keep an accurate
record of his or her fishing operations in a logbook furnished by the
department. A permit may be revoked and canceled by the commission
when so recommended by the department upon a conviction for a
violation of this article, or regulation authorized by this article,
by the permittee, his or her agents, servants, or employees, or those
acting under his or her direction and control. A permit may be
revoked and canceled for a period not to exceed one year from the
date of revocation.
(b) In accordance with Section 4 of Article XB of the California
Constitution, this section contains the provisions in effect on
January 1, 1989.

8681.5. (a) The department shall issue no new gill net or trammel
net permits under Section 8681. However, the department may renew an
existing, valid permit issued under Section 8681, under regulations
adopted pursuant to Section 8682 and upon payment of the fee
prescribed under Section 8683.
(b) Notwithstanding subdivision (a) or Section 8681, any person
who has an existing, valid permit issued pursuant to Section 8681,
and presents to the department satisfactory evidence that he or she
has taken and landed fish for commercial purposes in at least 15 of
the preceding 20 years, may transfer that permit to any person
otherwise qualified under the regulations adopted pursuant to Section
8682 upon payment of the fee prescribed under Section 8683.
(c) The fee collected by the department for the transfer of a gill
and trammel net permit issued pursuant to Section 8682 shall not
exceed the cost of the permit fee as prescribed under Section 8683.
(d) For purposes of subdivision (b), the death of the holder of
the permit is a disability which authorizes transfer of the permit by
that person's estate to a qualified fisherman pursuant to Section
8682. For purposes of a transfer under this subdivision, the estate
shall renew the permit, as specified in Section 8681, if the
permittee did not renew the permit before his or her death. The
application for transfer by that person's estate shall be received by
the department, including the name, address, and telephone number of
the qualified fisherman to whom the permit will be transferred,
within one year of the date of death of the permitholder. If no
transfer is initiated within one year of the date of death of the
permitholder, the permit shall revert to the department for
disposition pursuant to Section 8681.
(e) Any active participant who becomes disabled in such a manner
that he or she can no longer earn a livelihood from commercial
fishing may transfer his or her permit as provided under this
section.
(f) The Legislature finds and declares that this section, as
amended by Chapter 94 of the Statutes of 1992, 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, 1989, and therefore
complies with Section 8610.4, and Section 4 of Article XB of the
California Constitution.

8681.7. (a) Notwithstanding Section 8681.5, any person who
possessed a valid permit issued pursuant to Section 8681 and who was
denied renewal of that permit, may appeal to the commission where
evidence can be presented that illness or the loss of a vessel
resulted in the person not meeting the qualifications for renewal or
reissuance of that permit.
(b) The appeal shall be filed with the commission within 60 days
of a denial of the renewal of a permit.
(c) If the commission determines that a permit is to be issued to
a prior permittee under this section, a permit shall be made
available to that person upon payment of required fees.
(d) In accordance with Section 4 of Article XB of the California
Constitution, this section contains the provisions in effect on
January 1, 1989.

8682. (a) The commission shall establish regulations for the
issuance of gill net and trammel net permits as necessary to
establish an orderly gill net and trammel net fishery. In
promulgating regulations, the commission shall consider
recommendations of the gill net and trammel net advisory committee
created pursuant to subdivision (b). The regulations shall include,
but are not limited to, a requirement that persons being granted a
permit have had previous experience as a crewmember of a vessel using
gill nets or trammel nets or have successfully passed a proficiency
test administered by the department, under such regulations as the
commission shall prescribe.
(b) The director shall establish an advisory committee, consisting
of fishermen experienced in the use of gill nets and trammel nets,
to advise the department in developing regulations to be proposed to
the commission governing the use of gill nets and trammel nets.
(c) In accordance with Section 4 of Article XB of the California
Constitution, this section contains the provisions in effect on
January 1, 1989.

8683. The fee for a permit issued pursuant to Section 8681 is three
hundred thirty dollars ($330).

8684. No incidental catch of swordfish or marlin is authorized by
this article. Any swordfish or marlin caught incidentally by a gill
or trammel net permittee operating under a permit issued pursuant to
Section 8681 shall be delivered to the department.
A permit issued pursuant to Section 8681 shall be revoked for
conviction of a violation of this section.

8685. In Districts 1, 2, and 3, gill nets may not be possessed on
any boat.

8685.5. Notwithstanding any other provision of law, gill nets may
not be used to take salmon, steelhead, or striped bass.

8685.6. It is unlawful to sell or possess for sale any salmon,
steelhead, or striped bass which were taken in California waters by
the use of a gill net.

8685.7. It is unlawful for any person to knowingly purchase any
salmon, steelhead, or striped bass which were taken in California
waters by the use of a gill net.
For the purpose of this section, "person" includes a broker who
purchases salmon, steelhead, or striped bass which were unlawfully
taken by gill net for the purpose of reselling those fish.

8686. In Districts 11/2, 21/2, and in the Trinity and Klamath River
District, it is unlawful to possess any gill or trammel net with
meshes over 13/4 inches in length, except under regulations which may
be prescribed by the commission.

8687. Except as otherwise provided in this code, drift gill nets
may be used in Districts 6, 7, 8, 9, and 10.

8688. In Districts 11, 12, and 13, gill nets may be used to take
only herring, subject to Article 15 (commencing with Section 8550) of
Chapter 2. No gill net may be possessed on any boat in Districts
11, 12, and 13, except by persons possessing a valid permit aboard
boats specifically authorized to take herring during the open seasons
established by the commission.

8691. Set gill nets and trammel nets with mesh smaller than 41/8
inches shall not be used or possessed on any boat taking rockfish or
lingcod in ocean waters between a line extending 245* magnetic from
the most westerly point of the Point Reyes headlands and a line
extending 250* magnetic from the Pigeon Point Lighthouse.

8692. Notwithstanding Section 8693, it is unlawful to use gill nets
to take rockfish or lingcod in the following waters:
(a) Between a line running 240* magnetic from Santa Cruz Point and
a line running 240* magnetic from Point Sur lighthouse in Monterey
County in waters 100 fathoms or less in depth.
(b) Between a line running 240* magnetic from Point Sur lighthouse
and a line running 240* magnetic from Pfeiffer Point in Monterey
County in waters 75 fathoms or less in depth.

8692.5. (a) Not more than 1,250 fathoms (7,500 feet) of gill net or
trammel net shall be fished in combination each day from any vessel
for lingcod in ocean waters.
(b) The Legislature finds and declares that this section, as
amended by this act at the 1991-92 Regular Session of the
Legislature, is more restrictive on the use and possession of gill
nets and trammel nets than the provisions in effect on January 1,
1990, and therefore complies with Section 8610.4, and Section 4 of
Article XB of the California Constitution.

8693. (a) Except as otherwise provided in this code, drift gill
nets and set gill nets may be used in Districts 17, 18, 19, and 20A,
except for the taking of salmon.
(b) Rockfish and lingcod may be taken with drift gill nets and set
gill nets in Districts 17, 18, 19, and 20A, subject to the following
restrictions:
(1) Rockfish and lingcod shall not be taken between a line running
due west magnetic from the lighthouse at Point Piedras Blancas and a
line running due west magnetic from Point Sal in water less than 40
fathoms.
(2) Rockfish and lingcod shall not be taken between a line running
250* magnetic from the Pigeon Point Lighthouse and a line running
240* magnetic from Point Santa Cruz, inside 40 fathoms, by means of
drift gill nets or set gill nets which have mesh smaller than 51/2
inches.
(3) Drift gill nets and set gill nets shall not be used nor shall
they be possessed on any boat taking rockfish and lingcod with mesh
smaller than 4 1/8 inches when used in Districts 17 and 18 north of
Point Buchon, or with mesh smaller than 41/8 inches when used in
District 18 south of Point Buchon or in District 19. Drift gill nets
and set gill nets used or possessed on any boat taking rockfish and
lingcod in District 17, 18, or 19, shall not be constructed of twine
larger than number 6 nylon, except that the bottom 15 meshes may be
constructed of heavier twine.
(4) In District 18 south of Point Sal and in District 19, drift
gill nets and set gill nets shall not be used to take rockfish and
lingcod with the mesh of the net in waters less than 70 fathoms in
depth, except that those nets shall not be used in waters less than
100 fathoms in depth at the Sixty Mile Bank.
(5) Loads or lots of fish taken in the areas described in
paragraphs 1 to 4, inclusive, may contain 200 pounds or less of
rockfish and lingcod in combination, but in no instance more than 100
pounds of rockfish.
(6) Gill nets shall not be used to take rockfish in District 20A.

8694. In District 19A, gill nets may not be used, nor may they be
possessed on any boat.

8696. Except as otherwise provided, set gill nets may be used south
of a line extending 245* magnetic from the western point of the
Point Reyes headlands in Marin County except for the taking of
salmon.

8700. Any line used on a gill net which shall tend to cause the
webbing of such gill net to bag or hang slack shall cause such net to
lose its identity as a gill net and become a trammel net.

8720. "Trammel net" includes entangling nets constructed of more
than one wall of webbing.

8721. In Districts 1, 2, and 3, trammel nets may not be possessed
on any boat.

8724. (a) Except as otherwise provided, in Districts 10, 17, 18,
and 19, drift and set trammel nets may be used if the meshes are at
least 81/2 inches in length, except that these nets may not be used
in District 18 within 750 feet of any pier or jetty, nor may they be
used for the taking of salmon.
(b) This section shall become operative on August 15, 1989.

8725. In District 19A, trammel nets may not be used, nor may they
be possessed on any boat.

8750. As used in this article, "round haul nets" are circle seines,
and include purse seines and ring or half ring, and lampara nets.

8751. In Districts 1, 2, and 3, round haul nets may not be
possessed on any boat, except in that part of District 3 lying within
the boundaries of the Moss Landing Harbor District, where round haul
or any other type of nets may be possessed on any boat, and except
in that part of District 2 lying within Marin County.

8752. In Districts 6, 7, 8, 9, 10, and 11, purse and round haul
nets may be used.

8754. In Districts 16, 17, 18, and 19, purse and round haul nets
may be used, except that purse seines or ring nets may not be used in
that portion of District 19 lying within three miles offshore from
the line of the high-water mark along the coast of Orange County from
sunrise Saturday to sunset Sunday from May 1 to September 10,
inclusive.
Purse seine or ring nets may not be used from May 1 to September
10, inclusive, in the following portions of District 19:
(a) Within a two-mile radius of Dana Point.
(b) Within a two-mile radius of San Mateo Point.
(c) Within two miles offshore from the line of the high-water mark
along that portion of the coast of Orange County lying between the
northernmost bank of the mouth of the Santa Ana River and a point on
that coast six miles south therefrom.

8755. In Districts 20A and 21, purse and round haul nets may be
used.
(a) Purse and round haul nets may be used, except: (1) from
sunrise Saturday to sunset Sunday, in that portion of District 20
from a line extending three nautical miles east magnetically from the
extreme easterly end of Santa Catalina Island southwesterly and
northerly to a line extending three nautical miles southwest
magnetically from the most southerly promontory of China Point and
(2) at any time during the period commencing on June 1st and ending
on September 10 in each year, in that portion of District 20 from a
line extending three nautical miles east magnetically from the
extreme easterly end of Santa Catalina Island southerly to a line
extending three nautical miles southeasterly magnetically from the
United States government light on the southeasterly end of Santa
Catalina Island.
(b) Subdivision (a) shall not be construed as restricting the
right to use the waters therein specified for anchorage of vessels at
any time.

8756. Salmon, steelhead, striped bass, or shad may not be taken
with purse or round haul nets.

8757. Notwithstanding Section 8661, and in addition to Sections
8754, 8755, and 8780, round haul nets may be used to take fish in
those portions of Districts 19 and 20 that are closed to the use of
round haul nets by Sections 8754 and 8755 and in Districts 19A and
19B, but only for use or sale of those fish for live bait and subject
to the following restrictions:
(a) In Districts 19A and 19B, round haul nets may not be used
within 750 feet of any public pier.
(b) It is unlawful to buy, sell, or possess in any place of
business where fish are bought, sold, or processed, any dead fish
taken under the authority of this section.

8780. (a) As used in this chapter, the term "bait net" means a
lampara or round haul type net, the mesh of which is constructed of
twine not exceeding Standard No. 9 medium cotton seine twine or
synthetic twine of equivalent size or strength. Notwithstanding
Section 8757, except for drum seines and other round haul nets
authorized under a permit issued by the department pursuant to this
section, the nets may not have rings along the lead line or any
method of pursing the bottom of the net.
(b) Bait nets may be used to take fish for bait in Districts 6, 7,
8, 9, 10, 11, 12, 13, 16, 17, 18, 19, 19A, 19B, 20A, 21, 118, and
118.5.
(c) In District 19A, bait nets may be used only to take anchovies,
queenfish, white croakers, sardines, mackerel, squid, and smelt for
live bait purposes only. Bait nets may not be used within 750 feet
of Seal Beach Pier or Belmont Pier.
(d) No other species of fish may be taken on any boat carrying a
bait net in District 19A, except that loads or lots of fish may
contain not more than 18 percent, by weight of the fish, of other
bait fish species taken incidentally to other fishing operations and
that are mixed with other fish in the load or lot.

8780.1. The commission may, upon the recommendation of the
department, adopt regulations governing the use of bait nets.

8800. As used in this chapter, a "beach net" is any net hauled from
the water to the beach or shore, and includes beach seines and haul
seines.

8801. In Districts 1, 2, and 3, beach nets may not be possessed on
any boat.

8802. In Districts 8 and 9, beach nets may be used.

8803. In District 10, beach nets may be used, the meshes of which
are at least 11/2 inches in length. In that portion of District 10
lying south of Pt. Lobos, beach nets not over 20 feet in length, the
meshes of which are at least seven-eighths of an inch in length, may
be used to take surf smelt only.

8804. In District 11, beach nets may be used.

8805. In Districts 12 and 13, beach nets may not be possessed on
any boat.

8806. In District 18, beach nets may not be used.

8807. In District 19, beach nets, the meshes of which are at least
1 1/2 inches in length, may be used to take smelt between September
1st and January 31st.

8830. "Trawl net" means a cone or funnel-shaped net which is towed
or drawn through the water by a fishing vessel and includes any gear
appurtenant to the net. Except as otherwise provided in this
article, the use of trawl nets shall conform to federal groundfish
regulations adopted pursuant to the Magnuson Fishery Conservation and
Management Act (16 U.S.C. Sec. 1801 et seq.).

8831. It is unlawful for any person to use any trawl net with
meshes which are less than 41/2 inches in length except as provided
in this article or as provided by federal groundfish regulations
adopted pursuant to the Magnuson Fishery Conservation and Management
Act (16 U.S.C., Sec. 1801 et seq.).

8832. Trawl nets and Chinese shrimp nets may be used in marine and
brackish waters inside of the Golden Gate Bridge to take shrimp,
oriental gobies, longjaw mudsuckers, plainfin midshipmen, and
staghorn sculpin only in accordance with regulations which the
commission may prescribe.

8833. (a) In Districts 4, 19, 19A, 20, 20A, and 21, trawl nets or
dragnets may not be possessed.
(b) Notwithstanding the provisions of subdivision (a) of this
section, trawl nets and dragnets may be possessed, under such
regulations as the commission shall prescribe, in Districts 4, 19,
19A, 19B, and 21.

8834. It is unlawful to take or possess more than 500 pounds of
crabs on any boat on which any type of trawl or drag net is carried
or operated.

8834.1. It is unlawful for any person to possess salmon on board,
or to land salmon from, a vessel on which exists any type of trawl
net, except that salmon taken incidentally with other species with a
trawl net may be possessed and landed if authorized to be taken
incidentally pursuant to Section 663.10 of Part 663 of Title 50 of
the Code of Federal Regulations, pursuant to a permit issued by the
commission under Section 8606, or pursuant to both.

8834.5. South of a line extending due west, true, from Point Reyes,
it is unlawful for any person on a vessel on which any type of trawl
or drag net is carried or operated to take or possess Dungeness
crab, as defined in Section 8275, or to transfer Dungeness crab to
another vessel.

8835. In Districts 6, 7, and 10, trawl nets may be used in waters
not less than three nautical miles from the nearest point of land on
the mainland shore.

8836. In Districts 17, 18, and 118.5, trawl nets may be used in
waters not less than three nautical miles from the nearest point of
land on the mainland shore, including those portions of Monterey Bay,
Estero Bay, and San Luis Obispo Bay which lie within those
districts.

8837. It is unlawful to use or possess any trawl net that includes
any bag or cod-end or modification thereof, other than a bag or
cod-end of a single layer of webbing, except as authorized by Section
8496 or by the commission.

8840. Chafing gear may be used or possessed but shall not be
connected directly to the terminal, or closed, end of the cod-end.
Except for chafing gear prescribed under federal groundfish
regulations adopted pursuant to the Magnuson Fishery Conservation and
Management Act (16 U.S.C., Sec. 1801 et seq.), all chafing gear
shall have a minimum mesh size of six inches, unless only the bottom
one-half, or underside, of the cod-end is covered by chafing gear,
which may be of any size mesh.

8841. (a) The commission is hereby granted authority over all
state-managed bottom trawl fisheries not managed under a federal
fishery management plan pursuant to the Magnuson-Stevens Fishery
Conservation and Management Act (16 U.S.C. Sec. 1801 et seq.) or a
state fishery management plan pursuant to Part 1.7 (commencing with
Section 7050), to ensure that resources are sustainably managed, to
protect the health of ecosystems, and to provide for an orderly
transition to sustainable gear types in situations where bottom
trawling may not be compatible with these goals.
(b) The commission is hereby granted authority to manage all of
the following fisheries in a manner that is consistent with the
requirements of this section and Part 1.7 (commencing with Section
7050):
(1) California halibut.
(2) Sea cucumber.
(3) Ridge-back, spot, and golden prawn.
(4) Pink shrimp.
(c) The commission is also granted authority over other types of
gear targeting the same species as the bottom trawl fisheries
referenced in subdivision (a) to manage in a manner that is
consistent with the requirements of Part 1.7 (commencing with Section
7050).
(d) Every commercial bottom trawl vessel issued a state permit is
subject to the requirements and policies of the federal groundfish
observer program (50 C.F.R. 660.360).
(e) The commission may only authorize additional fishing areas for
bottom trawls after it determines, based on the best available
scientific information, that bottom trawling in those areas is
sustainable, does not harm bottom habitat, and does not unreasonably
conflict with other users.
(f) It is unlawful to use roller gear more than eight inches in
diameter.
(g) Commencing April 1, 2006, it is unlawful to fish commercially
for prawns or pink shrimp, unless an approved bycatch reduction
device is used with each net. On or before April 1, 2006, the
commission shall approve one or more bycatch reduction devices for
use in the bottom trawl fishery. For purposes of this subdivision a
rigid grate fish excluder device is the approved type of bycatch
reduction device unless the commission, the Pacific Marine Fishery
Management Council, or the National Marine Fisheries Service
determines that a different type of fish excluder device has an equal
or greater effectiveness at reducing bycatch. If the commission does
not approve a bycatch reduction device prior to April 1, 2006, then
a device that is approved by the Pacific Marine Fishery Management
Council or the National Marine Fisheries Service shall be deemed
approved by the commission.
(h) Except as provided in Section 8495 or 8842, it is unlawful to
engage in bottom trawling in ocean waters of the state.
(i) This section does not apply to the use of trawl nets pursuant
to a scientific research permit.
(j) The commission shall facilitate the conversion of bottom
trawlers to gear that is more sustainable if the commission
determines that conversion will not contribute to overcapacity or
overfishing. The commission may participate in, and encourage
programs that support, conversion to low-impact gear or capacity
reduction by trawl fleets. The department may not issue new permits
to bottom trawlers to replace those retired through a conversion
program.
(k) As soon as practicable, but not later than May 1, 2005, the
commission and the department shall submit to the Pacific Fishery
Management Council and the National Marine Fisheries Service a
request for federal management measures for the pink shrimp fishery
that the commission and the department determine are needed to reduce
bycatch or protect habitat, to account for uncertainty, or to
otherwise ensure consistency with federal groundfish management.
(l) No vessel may utilize bottom trawling gear without a state or
federal permit.

8842. (a) Trawl nets of a design prescribed by the commission may
be used or possessed to take shrimps or prawns under a permit issued
by the department under regulations adopted by the commission.
Sections 8831, 8833, 8835, and 8836 do not apply to trawl nets
used or possessed under a permit issued pursuant to this section.
(b) Trawling for shrimps or prawns shall be authorized only in
those waters of Districts 6, 7, 10, 17, 18, and 19 that lie not less
than three nautical miles from the nearest point of land on the
mainland shore, and all offshore islands and the boundary line of
District 19A, except that in waters lying between a line extending
due west from False Cape and a line extending due west from Point
Reyes, trawling is allowed not less than two nautical miles from the
nearest point of land on the mainland shore until January 1, 2008.
(c) When fishing for pink shrimp (Pandalus jordani) under a permit
issued pursuant to this section, it is unlawful to possess in excess
of 1,500 pounds of incidentally taken fish per calendar day of a
fishing trip, except Pacific whiting, shortbelly rockfish, and
arrowtooth flounder, which may be taken in any amount not in excess
of federal regulations. No Pacific halibut and not more than 150
pounds of California halibut shall be possessed or landed when
fishing under a permit issued pursuant to this section. When fishing
for ridgeback prawn and spotted prawn under a permit issued pursuant
to this section, it is unlawful to possess in excess of 1,000 pounds
of incidentally taken fish per trip.
(d) Commencing January 1, 2008, the commission shall permit the
taking of pink shrimp not less than two nautical miles from shore in
waters that lie between a line extending due west from False Cape and
a line extending due west from Point Reyes from the nearest point of
land on the mainland shore, if the commission finds that, upon
review of information from the federal groundfish observer program
and other available research and monitoring information that it
determines relevant, the use of trawl gear minimizes bycatch, will
not damage seafloor habitat, will not adversely affect ecosystem
health, and will not impede 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 feasible, and to hard bottom areas and
other substrate that may be particularly sensitive to bottom trawl
impacts in making that finding.

8843. It is unlawful to use any trawl net with cod-end mesh less
than 71/2 inches in length and with a cod end less than 29 meshes
long and a circumference of not less than 47 meshes in waters lying
between one and three nautical miles from the mainland shore between
a line running due west (270* true) from Point Arguello and a line
running due south (180* true) from Point Mugu.

8870. Dip nets may be used subject to the following restrictions:
(a) In Districts 1, 11/2, 2, 3, and 4, dip nets may not be baited,
and may not measure more than six feet in greatest breadth.
(b) In District 19, hand-held dip nets 30 feet or less in greatest
breadth may be used. In that district dip nets may not be used
within 750 feet of any pier, wharf, jetty, or breakwater, except to
take anchovies, squids, and sardines for bait, and to take smelt.
(c) In District 20, hand-held dip nets 30 feet or less in greatest
breadth may be used.

8890. Baited hoop nets not to exceed three feet in diameter may be
used at any time in that portion of District 18 lying south of a line
running east and west through Point Arguello and in District 19, to
take rock crabs, red crabs, and yellow crabs only.