2005 California Fish and Game Code Sections 8660-8670 Article 4. Nets Generally in Particular Districts

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
emergency.
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
being transported.
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
low water.
   (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
Island.
   (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
monitoring requirements.
   (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
the following:
   (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
Mateo County.
   (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
California Constitution.
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
2,400 pounds.
   (b) A breakaway device shall be used along the corkline (headrope)
and along the leadline (footrope) at regular intervals of 45 fathoms
or less.
   (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
advisable.
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
Rivers.
8668.  No commercial fishing under Section 8666, 8667, or 8669 shall
be carried on within the boundaries of any state or federal game
refuge.
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
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.