2009 California Fish and Game Code - Section 8680-8700 :: Article 5. Gill And Trammel Nets

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 X B 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. The commission may suspend, revoke, or cancel a permit,
license, and commercial fishing privileges pursuant to Section 7857.
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 X B 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 X B 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 X B 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 X B 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 1 1/2, 2 1/2, and in the Trinity and Klamath
River District, it is unlawful to possess any gill or trammel net
with meshes over 1 3/4 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 4 1/8
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 5 1/2
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 4 1/8 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.