2005 California Fish and Game Code Sections 8495-8497 Article 13. Halibut Trawl Grounds

8495.  (a) The following area is designated as the California
halibut trawl grounds:
   The ocean waters lying between one and three nautical miles from
the mainland shore lying south and east of a line running due west
(270* true) from Point Arguello and north and west of a line running
due south (180*N true) from Point Mugu.
   (b) Notwithstanding the provisions of subdivision (a), the use of
trawl gear for the take of fish is prohibited in the following areas
of the California halibut trawl grounds:
   (1) Around Point Arguello. The area from a line extending from
Point Arguello true west (270*) and out three miles, to a line
extending from Rocky Point true south (180*) and out three miles.
   (2) Around Point Conception. From a point on land approximately
one-half mile north of Point Conception at latitude 34* 27.5'
extending seaward true west (270*) from one to three miles, to a
point on land approximately 1/2 mile east of Point Conception at
longitude 120* 27.5' extending seaward true south (180*) from one to
three miles.
   (3) In the Hueneme Canyon in that portion demarked by the IMO
Vessel Traffic safety zone on NOAA/NOS Chart 18725 and from one mile
to the three mile limit of state waters.
   (4) In Mugu Canyon, from Laguna point, a line extending true south
(180*) and out three miles, to Point Mugu, a line extending true
south (180*) and from one to three miles.
   (c) (1) Notwithstanding the provisions of subdivision (a),
commencing April 1, 2008, the following areas in the California
halibut trawl grounds shall be closed to trawling, unless the
commission finds that a bottom trawl fishery for halibut minimizes
bycatch, is likely not damaging sea floor habitat, is not adversely
affecting ecosystem health, and is not impeding reasonable
restoration of kelp, coral, or other biogenic habitats:
   (A) The ocean waters lying between one and three nautical miles
from the mainland shore from a point east of a line extending seaward
true south (180*) from a point on land approximately 1/2 mile east
of Point Conception at longitude 120* 27.5' to a line extending due
south from Gaviota.
   (B) The ocean waters lying between one and two nautical miles from
the mainland shore lying east of a line extending due south from
Santa Barbara Point (180*) and west of a line extending due south
from Pitas Point (180*).
   (C) Except as provided in subdivision (b), the ocean waters lying
between one and three nautical miles from the mainland shore lying
south and east of a line running due west (270* true) from Point
Arguello to a line extending seaward true south (180*) from a point
on land approximately 1/2 mile east of Point Conception at longitude
120* 27.5', and from the western border of the IMO Vessel Traffic
safety zone on NOAA/NOS Chart 18725 in Hueneme Canyon running south
and east to a line running due south (180*N true) from Point Mugu.
   (2) In making the finding described in paragraph (1), the
commission shall pay special attention to areas where kelp and other
biogenic habitats existed and where restoring those habitats is
reasonably feasible, and to hard bottom areas and other substrate
that may be particularly sensitive to bottom trawl impacts.
   (d) Commencing January 1, 2008, the commission shall review
information every three years from the federal groundfish observer
program and other available research and monitoring information it
determines relevant, and shall close any areas in the California
halibut trawl grounds where it finds that the use of trawl gear does
not minimize bycatch, is likely damaging sea floor habitat, is
adversely affecting ecosystem health, or impedes reasonable
restoration of kelp, coral, or other biogenic habitats. The
commission shall pay special attention to areas where kelp and other
biogenic habitats existed and where restoring those habitats is
reasonably feasible, and to hard bottom areas and other substrate
that may be particularly sensitive to bottom trawl impacts in making
that finding.
   (e) Notwithstanding any other provision of law, the commission
shall determine the size, weight, and configuration of all parts of
the trawl gear, including, but not limited to, net, mesh, doors,
appurtenances, and towing equipment as it determines is necessary to
ensure trawl gear is used in a sustainable manner within the
California halibut trawl grounds.
8496.  Within the California halibut trawl grounds the following
requirements shall apply to the use of trawl nets:
   (a) Open season shall be June 16 to March 14, inclusive.
   (b) California halibut shall only be taken pursuant to Section
8392.
   (c) Not more than 500 pounds of fish other than California halibut
may be possessed, except that any amount of sea cucumbers may be
possessed by a person who holds a valid sea cucumber permit and who
meets any conditions adopted by the commission pursuant to Section
8405.3, and any amount of sharks, skates, or rays for which the take
or possession of that species is not otherwise prohibited by this
code may be taken or possessed.
   (d) It is unlawful to operate a trawl net in a way that damages or
destroys other types of fishing gear which is buoyed or otherwise
visibly marked.
   (e) Sections 8833 and 8836 do not apply to trawl nets when used or
possessed on California halibut trawl grounds.
   (f) Trawl nets described in Section 8843 shall only be used within
the halibut trawl grounds.
   (g) Single bags and cod-ends or double bags and cod-ends may be
used within the halibut trawl grounds and may be possessed while a
vessel is in transit directly to the halibut trawl grounds or
returning directly to port.  Double bags shall be hung and tied to
each rib line so that the knots of each layer coincide, knot for
knot, for the full length of the double layers.  The double mesh
section shall not measure over 25 meshes or 12 feet in length,
whichever is greater.  The individual meshes in the double section
shall measure not less than 71/2 inches in length.
   (h) No net, whose cod-end meshes are less than prescribed in this
section, may be possessed on any vessel that is operating under the
authority of this section.
8497.  If the director determines that the California halibut
resource, or existing fishing operations, within the designated
California halibut trawl grounds are in danger of irreparable injury,
he or she may order the closure of the area, or portions thereof, to
trawl net fishing or further restrict the nets that may be used in
the area, or portions thereof.  Any such closure or restriction order
shall be adopted by emergency regulation in accordance with Chapter
3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title
2 of the Government Code.
   The department shall bring to the attention of the Legislature
within 30 calendar days after commencement of the next succeeding
regular session of the Legislature any regulation adopted pursuant to
this section.