CCLME.ORG - Other Means of Taking COMMERCIAL FISHING

State
California
FGC Sec 9000-9050 Other Means of Taking COMMERCIAL FISHING (Fish)

FISH AND GAME CODE
SECTION 9000-9050

9000. (a) Except as expressly authorized in this article, no person
shall use a trap to take any finfish, mollusk, or crustacean in the
waters of this state for commercial purposes.
(b) Traps may be used to take finfish in ocean waters only as
authorized by this article.
(c) Freshwater baitfish traps that are used as provided in Section
8463 are not subject to this article.

9000.5. For the purposes of this article, the following terms have
the following meanings:
(a) "Bucket trap" means a plastic bucket of five gallons or less
in capacity.
(b) "Deeper nearshore species" means those finfish identified as
deeper nearshore species in regulations adopted by the commission
pursuant to Section 8587.1.
(c) "General trap permit" means a valid permit to take fish for
commercial purposes issued pursuant to Section 9001 that has not been
suspended or revoked.
(d) "Korean trap" means a molded plastic cylinder that does not
exceed 6 inches in diameter and does not exceed 24 inches in length.

(e) "Nearshore species" means those finfish identified as such in
regulations adopted by the commission pursuant to Section 8587.1.
(f) "Popup" means a mechanism capable of releasing a submerged
buoy at a predetermined time.

9001. (a) Finfish, mollusks, or crustaceans shall not be taken by a
person with traps for commercial purposes in ocean waters except
under a valid general trap permit issued to that person that has not
been suspended or revoked.
(b) Any person who operates or assists in operating any trap to
take finfish, mollusks, or crustaceans, other than lobster or
Dungeness crabs, as defined in Section 8275, or who possesses or
transports finfish, mollusks, or crustaceans on any boat, barge, or
vessel when any trap is aboard, shall have a general trap permit
issued to that person that has not been revoked or suspended while
engaged in the activity.
(c) The fee for the general trap permit shall be thirty-five
dollars ($35).
(d) This section does not apply to the taking of lobster under
Section 9010 or to the taking of Dungeness crab under Section 9011.

9001.6. Hagfish may be taken under a general trap permit, if all of
the following criteria are met:
(a) Korean traps and bucket traps may be used to take only hagfish
under this article.
(b) No more than a total of 500 Korean traps or a total of 200
bucket traps may be possessed aboard a vessel or in the water or
combination thereof.
(c) No permittee may possess both Korean traps or bucket traps and
other types of traps aboard a vessel at the same time. When Korean
traps or bucket traps are being used or possessed aboard a vessel, no
species of finfish other than hagfish shall be taken, possessed
aboard, or sold for commercial purposes.
(d) Popups shall not be used on buoy lines attached to Korean
traps or bucket traps, and shall not be possessed by a commercial
fisherman aboard a vessel when taking hagfish.

9001.7. Finfish, other than sablefish and hagfish, may be taken
under a general trap permit if all of the following criteria are also
met:
(a) Every person aboard the vessel possesses a valid general trap
permit that has not been suspended or revoked.
(b) If nearshore species are present, at least one person aboard
the vessel possesses a valid nearshore fishery permit and a nearshore
fishery trap endorsement that has not been suspended or revoked.
(c) If deeper nearshore species are present, at least one person
aboard the vessel possesses a valid deeper nearshore species fishery
permit that has not been suspended or revoked.
(d) During the period from one hour after sunset to one hour
before sunrise, finfish traps that are left in the water shall be
unbaited with the door secured open. If, for reasons beyond the
control of the permittee, all trap doors cannot be secured open prior
to one hour after sunset, the permittee shall immediately notify the
department.
(e) Popups shall not be used on buoy lines attached to finfish
traps, and shall not be possessed aboard a vessel when taking finfish
under a general trap permit.
(f) Trap destruction devices used on finfish traps shall conform
to the current regulatory requirements for those devices pursuant to
Section 9003 and as adopted by the commission.
(g) No finfish traps shall be set within 750 feet of any pier,
breakwall, or jetty in District 6, 7, 17, 18, 19, 19A, 19B, 20, 20A,
20B, or 21.
(h) No more than 50 finfish traps may be used in state waters
along the mainland shore.
(i) The mesh of any finfish trap used pursuant to this section
shall measure not less than two inches by two inches.
(j) The following fish shall not be used as bait in finfish traps:

(1) Lobster.
(2) Crabs of the genus cancer, except rock crab, yellow crab, and
red crab, as identified in Section 8282, which may be used as bait
under the authority of a rock crab trap permit issued pursuant to
Section 8282.
(3) Any other finfish or invertebrate to which a minimum size
limit applies that is used or possessed in a condition so that its
size can not be determined.
(k) Lobster may be possessed aboard or landed from any vessel on
which finfish are also present, if every person aboard the vessel has
a valid lobster permit that has not been suspended or revoked and
complies with Article 5 of Chapter 2 of the Fish and Game Code, this
article, and the regulations adopted pursuant thereto.

9001.8. Sablefish may be taken under a general trap permit in ocean
waters between a line extending due west true from Point Arguello in
Santa Barbara County and the United States-Mexico international
boundary line, if all of the following criteria are also met:
(a) The trap shall be six feet or less in its greatest dimension.

(b) The mesh of any trap used for sablefish pursuant to this
section shall measure not less than two inches by two inches.
(c) The traps may be used only in waters 200 fathoms or deeper.
(d) No permittee may possess aboard a vessel at the same time,
sablefish traps and any other commercial fishing gear, except that
spot prawn traps may be possessed during spot prawn trap open fishing
periods as established by the commission and if the permittee has a
valid spot prawn trap vessel permit that has not been suspended or
revoked.

9002. (a) Except as provided in subdivisions (b), (c), and (d), it
is unlawful to willfully or recklessly disturb, move, or damage any
trap that belongs to another person and that is marked with a buoy
identification number pursuant to Section 9006.
(b) A person, who has been issued a general trap permit under
Section 9001 and has it in his or her possession, may pull or raise a
trap marked with a buoy, if the buoy is marked with a buoy
identification number pursuant to subdivision (b) of Section 9006. A
person pulling or raising a trap marked with a buoy identification
number, other than his or her own buoy identification number, shall
have written permission in his or her possession from the other
person who holds the buoy identification number that is marked on the
buoy.
(c) Subdivision (a) does not apply to employees of the department
while engaged in the performance of official duties.
(d) (1) Subdivision (a) does not apply to publicly employed safety
personnel, including, but not limited to, lifeguards, marine safety
officers, harbor patrol officers, and peace officers, who, while
engaged in the performance of their official duties, may remove a
trap, buoy, or line located in or near breaking surf or adjacent to a
public beach if they believe that the trap poses a public safety
hazard. If any of those persons remove a trap, a buoy, or a trap or
buoy line, any captured marine life shall be immediately returned to
the ocean.
(2) Any person described in this subdivision who removes a trap
and any attachments thereto identified by a buoy identification
number shall make an attempt to contact the person whose permit or
license number is marked on the buoy by personal contact, by
telephone, by recorded message left on a telephone answering machine,
by regular United States Postal Service, or by other means, advising
where the property is located. Those persons shall have no
responsibility to secure the trap or attachments against loss or
damage.
(3) Employees of the department may disclose the name, address,
and buoy identification numbers of currently permitted or licensed
persons to representatives of public safety agencies described in
this subdivision to assist in the return of traps and attachments to
their proper owners or operators.
(4) If the person whose permit or license number is marked on the
buoy has been notified pursuant to this subdivision but has not
retrieved the trap within seven days of notification, or if that
person cannot be identified within seven days after the trap has been
removed, the trap may be discarded.
(5) This subdivision does not create any duty on any state or
local agency to remove or move a trap, line, or buoy that may
endanger the public safety and does not create any liability pursuant
to Part 2 (commencing with Section 814) of Division 3.6 of Title 1
of the Government Code.

9003. Every trap shall have at least one destruction device which
meets specifications approved by the department. In order to
minimize the adverse effects on living marine resources, the
specifications for destruction devices shall provide for a device
that destructs rapidly enough to facilitate escape of a substantial
proportion of all species confined in the trap from any trap that
cannot be raised.

9004. Every trap shall be raised, cleaned, serviced, and emptied at
intervals, not to exceed 96 hours, weather conditions at sea
permitting, and no trap shall be abandoned in the waters of this
state.

9005. Every trap or string of traps, shall be marked with a buoy.

9006. Every trap used to take finfish or crustaceans shall be
marked with a buoy. Each buoy shall be marked to identify the
operator as follows:
(a) For a trap used to take lobster the commercial fishing license
identification number followed by the letter "P."
(b) For a trap used to take Dungeness crab or hagfish, the
commercial fishing license identification number only.
(c) For a trap used to take finfish other than sablefish or
hagfish, the commercial fishing license identification number
followed by the letter "Z."
(d) For a trap used to take sablefish, the commercial fishing
license identification number followed by the letter "B."

9007. Any trap used without a buoy, or with a buoy which is not
marked pursuant to Section 9006, is a public nuisance and shall be
removed from the waters of this state by any person authorized to
enforce this code.

9008. Any trap used in violation of this code, or any regulations
adopted pursuant thereto, is a public nuisance and, except as
provided in Section 9007, shall be seized pursuant to Article 3
(commencing with Section 8630) of Chapter 3.

9010. (a) Subject to Article 5 (commencing with Section 8250) of
Chapter 2, spiny lobster may be taken with lobster traps under a
lobster permit issued pursuant to Section 8254.
(b) Notwithstanding Sections 8660 and 8665, lobster traps may be
used in any area of the state not otherwise closed to the taking of
lobsters up to, but not closer than, 75 feet of any private pier,
wharf, jetty, breakwater, or dock.
(c) A wire lobster trap shall be built of rectangular wire mesh
with inside mesh measurement not less than 17/8 inches by 37/8
inches, the 37/8-inch measurement to be parallel to the floor of the
trap. A wire lobster trap shall be fitted with at least one rigid
rectangular escape gap with inside measurements not less than 23/8
inches by 111/2 inches. The escape gap shall be located parallel to,
and within two inches of the floor on any outside wall of, the
rearmost chamber of the lobster trap and shall be clearly accessible
to the lobsters.
(d) A lobster trap constructed of lath or other material shall
have an opening to allow a means of escape along the full length of
one side of the rearmost chamber. The escape opening shall be of a
spacing of not less than 2 3/8 inches, and the spacing shall be
located parallel to, and within two inches of, the floor of the
lobster trap.

9011. (a) (1) Subject to Article 6 (commencing with Section 8275)
of Chapter 2, dungeness crab, as defined in Section 8275, may be
taken with dungeness crab traps.
(2) A dungeness crab trap may have any number of openings of any
size. However, every dungeness crab trap shall have at least two
rigid circular openings of not less than 41/4 inches, inside
diameter, on the top or side of the trap. If both of the openings
are located on the side of the trap, at least one of the openings
shall be located so that at least one-half of the opening is in the
upper half of the trap.
(3) Any rock crab taken with a crab trap used pursuant to this
subdivision to take dungeness crab shall be immediately returned to
the waters from which it was taken. No person shall possess rock
crab aboard any vessel when the vessel is being used to take
dungeness crab.
(b) (1) Subject to Article 6 (commencing with Section 8275) of
Chapter 2, rock crab, as defined in Section 8275, may be taken with
rock crab traps.
(2) A rock crab trap may have any number of openings of any size.
However, a rock crab trap constructed of wire mesh with an inside
mesh measurement of not less than 17/8 inches by 37/8 inches, with
the 37/8 inch measurement parallel to the floor, shall have at least
one rigid circular opening of not less than 31/4 inches, inside
diameter, located on any outside wall of the rearmost chamber of the
crab trap and shall be located so that at least one-half of the
opening is in the upper half of the trap. Rock crab traps
constructed of other material shall have at least two rigid circular
openings of not less than 31/4 inches, inside diameter, on the top or
side of the rearmost chamber of the trap. If both of the openings
are located on the side of the trap, at least one of the openings
shall be located so that at least one-half of the opening is in the
upper half of the trap. No rigid circular opening, as required,
shall extend more than 1/2 inch beyond the plane of the wall side or
top of the trap in which it is located, and it shall be clearly
accessible to any crab which may be in the trap.
(3) No person shall possess any lobster aboard a vessel while the
vessel is being used pursuant to this subdivision to take rock crab.
Any dungeness crab taken with a crab trap used pursuant to this
subdivision to take rock crab shall be immediately returned to the
waters from which it was taken. No person shall possess dungeness
crab aboard any vessel when the vessel is being used to take rock
crab.

9012. (a) No vessel may be used to take and land crab for both
commercial and sport purposes in the same day.
(b) In Districts 6, 7, 8, and 9, no trap shall be used to take
Dungeness crab if that trap is attached to another trap or other
traps by a common line.

9015. (a) Subject to Article 18 (commencing with Section 8590) of
Chapter 2, prawns or shrimp, as defined in Section 8590, may be taken
with prawn traps or shrimp traps under a general trap permit issued
pursuant to Section 9001.
(b) A prawn trap or a shrimp trap shall be six feet or less in its
greatest dimension. Every opening from the exterior to the interior
of a prawn trap or a shrimp trap shall be five inches or less in any
dimension.

9020. (a) Subject to Section 8400, California killifish (Fundulus
parvipinnis), mudsuckers (Gillichthys mirabilis), yellowfin gobies
(Acanthogobius flavimanus), shiner perch (Cymatogaster aggregata),
and staghorn sculpin (Leptocottus armatus) may be taken with baitfish
traps under a general trap permit issued pursuant to Section 9001.
(b) A baitfish trap shall not exceed 12 inches in width, 12 inches
in height, and 36 inches in greatest length with entrance at small
ends of funnels or fykes not to exceed 2 inches in diameter.

9022. (a) Notwithstanding Section 9000, traps used to take fin fish
may not be used in Districts 10, 11, and 12, except for bait fish
traps as provided for in Sections 8400 and 9020.
(b) Except as otherwise provided in subdivision (a), all marine
species of fin fish subject to Section 8403 may be taken with one or
more fin fish traps as prescribed by the commission under a general
trap permit issued pursuant to Section 9001.

9023. Traps may be used thoroughout the year to take carp in any
district under the following restrictions:
Traps shall not exceed six feet in greatest dimension. They shall
be made of cotton or nylon twine. Meshes shall not be less than
three and one-half inches in length, except that fyke and bait bags
may be any size mesh. Traps shall have only a single vertical fyke
opening at the top of the trap. They shall be baited only with grain
or grain products. Fish other than carp taken in traps subject to
this section shall be immediately returned to the water.

9024. Crayfish traps may be used at any time in any district to
take crayfish only. Traps shall not exceed three feet in greatest
dimension. Any other species taken with crayfish traps shall be
returned to the water immediately. The commission may prohibit the
use of crayfish traps which will injure fish or which will entrap
unnecessarily large numbers of fish other than crayfish.

9025.1. The Legislature finds and declares that it is in the best
interest of the people of the state and California's marine resources
and fisheries that the use of commercial hook and line fishing gear
be regulated in a manner that assures the orderly development of the
fisheries, maintenance of viable resources, and sustainable and
satisfying commercial and recreational harvests.

9025.5. (a) Troll lines or handlines having not more than two hooks
(plugs excepted) may be used in any district, and troll lines with
more than two hooks may be used in Fish and Game Districts 6, 7, 10,
16, 17, 18, 19, and 19A, and that portion of Fish and Game District
11 west of the Golden Gate Bridge.
(b) "Troll line" means a line with one or more hooks towed by a
vessel underway and making way.
(c) Notwithstanding subdivision (a), in that portion of Fish and
Game District 10 in Tomales Bay south of a line extending 252 degrees
magnetic from the western tip of Toms Point to the opposite shore,
in that portion of Fish and Game District 11 east of the Golden Gate
Bridge, and in Fish and Game Districts 12 and 13, commercial
fishermen shall not use more than four troll lines or handlines at
any time with not more than two hooks attached to each line, and when
more than one commercial fisherman is aboard a vessel, not more than
six lines with a maximum of two hooks per line may be fished aboard
that vessel.

9026. Set lines may be used in Districts 6, 7, 10, 17, 18, and 19.
It is unlawful to use set lines with hooks more than 100 feet above
the anchor or ocean bottom.

9027. (a) (1) Notwithstanding Section 9026, 9028, or 9029, in the
area described in subdivision (b), it is unlawful to use more than
150 hooks on a vessel to take a fish for commercial purposes when
using fishing lines authorized pursuant to this article.
(2) In the area described in subdivision (b), not more than 15
hooks shall be attached to any one fishing line, and no fishing line
shall be attached to another fishing line, while those lines are
being used for commercial fishing pursuant to this article except
that a single troll line with not more than 30 hooks may be used to
take California halibut.
(3) Each fishing line used pursuant to this article that is not
attached to a vessel fishing in the area described in subdivision (b)
shall be buoyed and the commercial fishing license identification
number issued pursuant to Section 7850 to the permittee who is using
the fishing line shall be marked on, and visible on the upper
one-half of each buoy, in numbers at least two inches high.
(b) This section applies only to waters within one mile of shore
within Fish and Game Districts 6, 7, and 10, but not including ocean
waters in Fish and Game District 7 between a line extending 203
degrees magnetic from Gitchell Creek and a line extending 252 degrees
magnetic from False Cape in Humboldt County and not including ocean
waters in Fish and Game District 10 between a line extending 245
degrees magnetic from the most westerly point of the west point of
the Point Reyes headlands in Marin County and a line extending due
west magnetic from Point Bolinas in Marin County.

9027.5. (a) (1) Notwithstanding Section 9026, 9028, or 9029 in the
area described in subdivision (b), it is unlawful to use more than
150 hooks on a vessel to take fish for commercial purposes when using
fishing lines authorized pursuant to this article.
(2) In the area described in subdivision (b), not more that 15
hooks shall be attached to any one fishing line, and no fishing line
shall be attached to another fishing line, while those lines are
being used for commercial fishing pursuant to this article.
(3) Each fishing line used pursuant to this article that is not
attached to a vessel fishing in the area described in subdivision (b)
shall be buoyed and the commercial fishing license identification
number issued pursuant to Section 7852 to the permittee who is using
the fishing line shall be marked on, and visible on the upper
one-half of each buoy, in numbers not less than two inches in height.

(b) This section applies only to waters within one mile of the
mainland shore in Fish and Game Districts 17, 18, and 19.
(c) Subdivision (a) does not apply to persons who are fishing
south of a line extending due west from Point Conception and who are
fishing for halibut, white sea bass, sharks, skates, or rays. The
exemption in this subdivision does not apply if all of the fish
possessed by persons aboard the vessel does not consist of at least
80 percent by number of halibut, white sea bass, sharks, skates, and
rays.

9028. Notwithstanding Sections 8603 and 9025, it is unlawful to use
fishing lines, including, but not limited to, troll lines and
handlines more than 900 feet in length unless they are used as set
lines pursuant to Sections 8601 and 9026.

9029. (a) Notwithstanding Section 9028, a fishing line which is
anchored to the ocean bottom at one end and attached at the surface
to a fishing vessel or a buoy may be used in Districts 6, 7, 10, 17,
18, and 19.
(b) A fishing line otherwise permitted pursuant to subdivision
(a), may not be used under any of the following circumstances:
(1) To take shortfin mako (bonito) sharks, thresher sharks,
swordfish, or marlin.
(2) If the fishing line exceeds 3,000 feet in length from the
anchor to the surface vessel or buoy.
(3) If any hooks are attached to the upper one-third of the line.

(c) A buoy attached to the surface end of a fishing line used
pursuant to subdivision (a) shall display above its waterline, in
numerals at least two inches high, the fisherman's identification
number. For purposes of this section and Section 8601.5, "fisherman'
s identification number" means the number of the person's commercial
fishing license issued pursuant to Section 7850.

9029.5. Notwithstanding Sections 9025.5, 9026, and 9029, it is
unlawful to use set lines, vertical fishing lines, or troll lines to
take fish for commercial purposes within one mile of the nearest
point of land on the mainland shore in Fish and Game District 7 or 10
from sunset on Friday to sunset on the following Sunday or from
sunset of the day before a state recognized legal holiday until
sunset on that holiday. For the purposes of this subdivision, a "set
line" is a fishing line that is anchored to the bottom on each end
and is not free to drift with the tide or current and a "vertical
fishing line" is a fishing line that is anchored to the ocean bottom
at one end and attached at the other end on the surface to a fishing
vessel or a buoy. This section does not apply to the taking of
salmon or California halibut for commercial purposes.

9050. A spade, shovel, hoe, rake, or other appliance operated by
hand may be used to take mollusks, sand crabs, and shrimps in
Districts 1, 11/2, 2, 21/2, 3, 31/2, 4, 41/8, 43/4, 6, 7, 8, 9, 10,
11, 12, 13, 16, 17, 18, 19, 19A, 20, 20A, and 21, except as specified
in Sections 7332 and 8303, and except that freshwater clams shall
not be taken by means of such appliances on any levee or on the berm
of any levee.

9051. (a) Spears, harpoons, and bows and arrows may be used for
taking all varieties of skates, rays, and sharks, except soupfin
sharks.
(b) This section shall become operative January 1, 1999.

9052. Slurp guns may be used to take fish for commercial purposes
in fish and game districts 6, 7, 10, 17, 18, 19, 20, and 20A.

9053. (a) Powered equipment of such design as may be prescribed by
the commission may be used to take crustaceans and mollusks under a
revocable permit issued by the department and under such regulations
as the commission shall prescribe.
(b) Taking of lobster or crabs under this section is subject to
Article 5 (commencing with Section 8250) and Article 6 (commencing
with Section 8275) of Chapter 2 of Part 3 of Division 6.

9054. Sea urchins shall not be taken for commercial purposes except
under a valid sea urchin diving permit issued to that person that
has not been suspended or revoked, subject to regulations adopted by
the commission. Rakes, airlifts, or other handheld appliances may be
used to take sea urchins. The commission may, whenever necessary to
prevent overutilization or to ensure efficient and economic
operation of the fishery, limit the number of permits that may be
issued. The commission, as it determines appropriate to protect the
resource, may limit the number of permits either on a statewide basis
or within selected geographical areas.

9055. The fee for a sea urchin permit authorized pursuant to
Section 9054 is three hundred thirty dollars ($330).