Fish and Game Code — Part 11 | FGC — United States — California law | Esheria

Fish and Game Code

Part 11 of 12 · provisions 2,001–2,200

This section says the code is known as the Fish and Game Code.

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The department must assess salmon escapement on the Eel, Smith, and Klamath River systems, use sonar fish-counting devices on the Klamath River as a three-year test, and report to the Legislature by January 1, 1990. People who process or wholesale sturgeon eggs for human consumption must get a sturgeon egg processing license from the department. The department must issue and deliver a sturgeon egg processing license when an application is made and the base fee is paid. Licensed persons must keep a true, legible record of each sturgeon egg transaction and include specified details about the eggs and related parties. The license holder must keep the documentation required by Section 10002 for two years after receiving the eggs and make it available to the department for inspection during normal business hours.

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Provisions of Fish and Game Code

Showing 200 of 2,275

  1. 8429.7.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Particular Varieties of Fish [8140 - 8599.4] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 9.7. Market Squid [8420 - 8429.7] ( Article 9.7 added by Stats. 1997, Ch. 785, Sec. 1. )

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    This section says certain market squid provisions become inoperative when the commission adopts a market squid fishery management plan and implementing regulations, and those provisions are repealed six months later.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Particular Varieties of Fish [8140 - 8599.4] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 9.7. Market Squid [8420 - 8429.7] ( Article 9.7 added by Stats. 1997, Ch. 785, Sec. 1. ) ## 8429.7. Sections 8420.5 to 8423.5, inclusive, and Sections 8426 and 8427 shall become inoperative upon the adoption by the commission of a market squid fishery management plan and the adoption of implementing regulations pursuant to Section 8425, and are repealed six months thereafter. (Repealed and added by Stats. 2001, Ch. 318, Sec. 9. Effective January 1, 2002. Note: Termination clause affected Sections 8420.5, 8421, 8421.5, 8422, 8423, 8423.5, 8426, and 8427.)
  2. 8430.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Particular Varieties of Fish [8140 - 8599.4] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 10. Fresh-water Fish Generally [8430 - 8438] ( Article 10 enacted by Stats. 1957, Ch. 456. )

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    Selling or buying any species of trout is unlawful, except as otherwise provided in the article.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Particular Varieties of Fish [8140 - 8599.4] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 10. Fresh-water Fish Generally [8430 - 8438] ( Article 10 enacted by Stats. 1957, Ch. 456. ) ## 8430. Except as otherwise provided in this article, it is unlawful to sell or purchase any species of trout. (Enacted by Stats. 1957, Ch. 456.)
  3. 8431.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Particular Varieties of Fish [8140 - 8599.4] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 10. Fresh-water Fish Generally [8430 - 8438] ( Article 10 enacted by Stats. 1957, Ch. 456. )

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    Dolly Varden or steelhead trout from outside the State may be possessed and sold within the State only if they are inspected and tagged under commission regulations, and the person submitting them must pay that inspection and tagging cost.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Particular Varieties of Fish [8140 - 8599.4] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 10. Fresh-water Fish Generally [8430 - 8438] ( Article 10 enacted by Stats. 1957, Ch. 456. ) ## 8431. Dolly Varden or steelhead trout from without the State may be possessed and sold within the State when they are inspected and tagged in accordance with regulations prescribed by the commission. The cost of such inspection and tagging shall be paid by the person submitting the trout for such inspection and tagging. (Enacted by Stats. 1957, Ch. 456.)
  4. 8432.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Particular Varieties of Fish [8140 - 8599.4] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 10. Fresh-water Fish Generally [8430 - 8438] ( Article 10 enacted by Stats. 1957, Ch. 456. )

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    Steelhead trout from outside the state may not be sold or possessed in District 11/2 above the daily bag limit for that district.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Particular Varieties of Fish [8140 - 8599.4] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 10. Fresh-water Fish Generally [8430 - 8438] ( Article 10 enacted by Stats. 1957, Ch. 456. ) ## 8432. Steelhead trout from without the State may not be sold or possessed in District 11/2 in excess of the daily bag limit on steelhead trout for that district. (Enacted by Stats. 1957, Ch. 456.)
  5. 8433.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Particular Varieties of Fish [8140 - 8599.4] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 10. Fresh-water Fish Generally [8430 - 8438] ( Article 10 enacted by Stats. 1957, Ch. 456. )

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    This article does not apply to trout grown under Division 12.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Particular Varieties of Fish [8140 - 8599.4] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 10. Fresh-water Fish Generally [8430 - 8438] ( Article 10 enacted by Stats. 1957, Ch. 456. ) ## 8433. Nothing in this article applies to trout grown pursuant to Division 12 (commencing with Section 15000). (Amended by Stats. 1982, Ch. 1486, Sec. 21.)
  6. 8434.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Particular Varieties of Fish [8140 - 8599.4] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 10. Fresh-water Fish Generally [8430 - 8438] ( Article 10 enacted by Stats. 1957, Ch. 456. )

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    It is unlawful to sell or buy fresh, canned, or cured fish taken in the Klamath River District or in the waters of the Smith River.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Particular Varieties of Fish [8140 - 8599.4] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 10. Fresh-water Fish Generally [8430 - 8438] ( Article 10 enacted by Stats. 1957, Ch. 456. ) ## 8434. It is unlawful to sell or purchase any fresh, canned, or cured fish taken in the Klamath River District or in the waters of the Smith River. (Enacted by Stats. 1957, Ch. 456.)
  7. 8435.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Particular Varieties of Fish [8140 - 8599.4] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 10. Fresh-water Fish Generally [8430 - 8438] ( Article 10 enacted by Stats. 1957, Ch. 456. )

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    Catfish may not be sold, except catfish imported from outside the state or catfish grown under Division 12.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Particular Varieties of Fish [8140 - 8599.4] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 10. Fresh-water Fish Generally [8430 - 8438] ( Article 10 enacted by Stats. 1957, Ch. 456. ) ## 8435. No catfish may be sold, except catfish imported from without the state or catfish grown pursuant to Division 12 (commencing with Section 15000). (Amended by Stats. 1982, Ch. 1486, Sec. 22.)
  8. 8436.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Particular Varieties of Fish [8140 - 8599.4] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 10. Fresh-water Fish Generally [8430 - 8438] ( Article 10 enacted by Stats. 1957, Ch. 456. )

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    Fish of the family Centrarchidae generally may not be taken, possessed, sold, or purchased for commercial purposes, except as stated in Section 8436.5 and for fish cultured under Division 12.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Particular Varieties of Fish [8140 - 8599.4] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 10. Fresh-water Fish Generally [8430 - 8438] ( Article 10 enacted by Stats. 1957, Ch. 456. ) ## 8436. Except as provided in Section 8436.5, fish of the family Centrarchidae (Sacramento perch, crappie, black bass, and sunfish) shall not be taken or possessed for commercial purposes, sold, or purchased, other than fish that are cultured pursuant to Division 12 (commencing with Section 15000). (Amended by Stats. 2007, Ch. 328, Sec. 5. Effective January 1, 2008.)
  9. 8436.5.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Particular Varieties of Fish [8140 - 8599.4] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 10. Fresh-water Fish Generally [8430 - 8438] ( Article 10 enacted by Stats. 1957, Ch. 456. )

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    The commission must adopt regulations that allow importation and sale of dead Centrarchidae fish if specific origin and documentation conditions are met.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Particular Varieties of Fish [8140 - 8599.4] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 10. Fresh-water Fish Generally [8430 - 8438] ( Article 10 enacted by Stats. 1957, Ch. 456. ) ## 8436.5. Notwithstanding Section 8436, the commission shall adopt regulations which authorize the importation and sale of dead fish of the family Centrarchidae if the fish have been lawfully taken outside of California, they have been taken in another state or foreign country that permits their sale, and they are brought into California with a bill of lading or similar accountable documentation specifying the origin of the fish. (Added by Stats. 1986, Ch. 763, Sec. 5. Effective September 15, 1986.)
  10. 8437.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Particular Varieties of Fish [8140 - 8599.4] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 10. Fresh-water Fish Generally [8430 - 8438] ( Article 10 enacted by Stats. 1957, Ch. 456. )

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    Certain freshwater fish may be taken for commercial purposes if this is done under regulations adopted by the commission.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Particular Varieties of Fish [8140 - 8599.4] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 10. Fresh-water Fish Generally [8430 - 8438] ( Article 10 enacted by Stats. 1957, Ch. 456. ) ## 8437. The following freshwater fish may be taken for commercial purposes pursuant to regulations adopted by the commission: (a) Threadfin shad (Dorosoma petenense). (b) Species of the following families: (1) Lamprey (Petromyzontidae). (2) Smelt (Osmeridae). (3) Sucker (Catostomidae). (4) Carp or minnow (Cyprinidae). (5) Killifish (Cyprinodontidae). (6) Livebearer (Peociliidae). (7) Silverside (Antherinidae). (8) Cichlid (Cichlidae). (9) Mullet (Mudilidae). (10) Sculpin (Cottidae). (11) Stickleback (Casterosteidae). (12) Goby (Gobiidae). (Added by Stats. 1980, Ch. 271, Sec. 1.)
  11. 8437.1.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Particular Varieties of Fish [8140 - 8599.4] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 10. Fresh-water Fish Generally [8430 - 8438] ( Article 10 enacted by Stats. 1957, Ch. 456. )

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    The commission may authorize commercial fishing gear and fishing methods to take fish listed in Section 8437 in areas that are otherwise closed to that use.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Particular Varieties of Fish [8140 - 8599.4] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 10. Fresh-water Fish Generally [8430 - 8438] ( Article 10 enacted by Stats. 1957, Ch. 456. ) ## 8437.1. The commission may authorize the use of commercial fishing gear and fishing methods to take any fish listed in Section 8437 in those areas of the state otherwise closed to that use pursuant to this code. (Added by Stats. 1988, Ch. 360, Sec. 1.)
  12. 8438.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Particular Varieties of Fish [8140 - 8599.4] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 10. Fresh-water Fish Generally [8430 - 8438] ( Article 10 enacted by Stats. 1957, Ch. 456. )

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    The commission must regulate the taking of freshwater clams for commercial purposes, despite Section 200.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Particular Varieties of Fish [8140 - 8599.4] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 10. Fresh-water Fish Generally [8430 - 8438] ( Article 10 enacted by Stats. 1957, Ch. 456. ) ## 8438. Notwithstanding Section 200, the commission shall regulate the taking of freshwater clams for commercial purposes. (Added by renumbering Section 8475 by Stats. 2023, Ch. 132, Sec. 160. (AB 1760) Effective January 1, 2024.)
  13. 8460.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Particular Varieties of Fish [8140 - 8599.4] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 11. Fresh-water Fish for Bait [8460 - 8463] ( Article 11 enacted by Stats. 1957, Ch. 456. )

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    People taking, transporting, or selling live fresh-water fish for bait for profit must first get a bait fish license from the department.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Particular Varieties of Fish [8140 - 8599.4] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 11. Fresh-water Fish for Bait [8460 - 8463] ( Article 11 enacted by Stats. 1957, Ch. 456. ) ## 8460. Any person engaged for profit in the taking, transporting, or selling of live fresh-water fish for bait shall first obtain from the department a live fresh-water bait fish license to possess the fish for those purposes. The commission may prescribe regulations governing these licenses. A license shall be issued for a calendar year, or, if issued after the beginning of such term, for the remainder thereof, and may be revoked for a violation of the terms thereof. Such a license is not required for the raising, possession, or sale of live fresh-water fish for bait under authority of Division 12 (commencing with Section 15000). The provisions of this code on commercial fishing, packing, or processing licenses, on reports by persons engaged in the commercial fish industry, and on statements required by owners or operators of fishing boats, do not apply to the taking, transporting, or selling of live fresh-water fish for bait. (Amended by Stats. 1983, Ch. 1300, Sec. 11.)
  14. 8461.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Particular Varieties of Fish [8140 - 8599.4] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 11. Fresh-water Fish for Bait [8460 - 8463] ( Article 11 enacted by Stats. 1957, Ch. 456. )

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    A live freshwater bait fish license has an annual fee of $55 per person.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Particular Varieties of Fish [8140 - 8599.4] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 11. Fresh-water Fish for Bait [8460 - 8463] ( Article 11 enacted by Stats. 1957, Ch. 456. ) ## 8461. The annual license fee for a live freshwater bait fish license is fifty-five dollars ($55) for each person. (Amended by Stats. 1992, Ch. 701, Sec. 33. Effective September 15, 1992. Operative January 1, 1993, by Sec. 72 of Ch. 701.)
  15. 8462.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Particular Varieties of Fish [8140 - 8599.4] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 11. Fresh-water Fish for Bait [8460 - 8463] ( Article 11 enacted by Stats. 1957, Ch. 456. )

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    A Section 8460 license may cover only certain bait fish species, and the commission may set regulations and prohibit alive possession of fish species it views as a threat.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Particular Varieties of Fish [8140 - 8599.4] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 11. Fresh-water Fish for Bait [8460 - 8463] ( Article 11 enacted by Stats. 1957, Ch. 456. ) ## 8462. A license issued under Section 8460 shall authorize the taking of only golden shiners, fathead minnows and such other species as the department may designate, under such regulations as the commission may prescribe. The commission may prohibit in any part or all parts of the State the possession alive of any species of fish which it considers a potential threat to the fisheries of the State by reason of possible escape and establishment. (Enacted by Stats. 1957, Ch. 456.)
  16. 8463.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Particular Varieties of Fish [8140 - 8599.4] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 11. Fresh-water Fish for Bait [8460 - 8463] ( Article 11 enacted by Stats. 1957, Ch. 456. )

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    Certain small traps or nets may be used to take listed bait fish, but only within the stated size limits and location limits.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Particular Varieties of Fish [8140 - 8599.4] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 11. Fresh-water Fish for Bait [8460 - 8463] ( Article 11 enacted by Stats. 1957, Ch. 456. ) ## 8463. Traps not over 24 inches in greatest length nor more than 12 inches in greatest depth or width, or seines of not over 1/2-inch mesh stretched measure and not more than 4 x 30 feet in size, may be used for the taking of fish of the carp and minnow family (family Cyprinidae), suckers (family Catostomidae), sculpins (family Cottidae), or mosquito fish (genus Gambusia). Such traps may be used only in lakes and impounded waters. Such seines may be used only in lakes, impounded waters, and conduits. Fish taken as provided in this section may be sold only as bait. Fish other than those named in this section that may be taken in such traps or seines shall be released and returned unharmed to the water wherein taken. (Enacted by Stats. 1957, Ch. 456.)
  17. 8490.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Particular Varieties of Fish [8140 - 8599.4] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 12. Crayfish [8490 - 8492] ( Article 12 added by Stats. 1970, Ch. 52. )

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    Crayfish taking is subject to regulations set by the commission.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Particular Varieties of Fish [8140 - 8599.4] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 12. Crayfish [8490 - 8492] ( Article 12 added by Stats. 1970, Ch. 52. ) ## 8490. The taking of crayfish shall be subject to regulations as prescribed by the commission. (Added by renumbering Section 8491 by Stats. 2013, Ch. 226, Sec. 2. (AB 165) Effective January 1, 2014.)
  18. 8491.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Particular Varieties of Fish [8140 - 8599.4] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 12. Crayfish [8490 - 8492] ( Article 12 added by Stats. 1970, Ch. 52. )

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    For commercial crayfish taking in Lake Tahoe or the Lake Tahoe Basin, the commission must keep its regulations consistent with the Lake Tahoe Region Aquatic Invasive Species Management Plan.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Particular Varieties of Fish [8140 - 8599.4] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 12. Crayfish [8490 - 8492] ( Article 12 added by Stats. 1970, Ch. 52. ) ## 8491. (a) Any allowance for the commercial taking of crayfish in Lake Tahoe or in the Lake Tahoe Basin shall be for the primary purpose of population reduction and control of the signal crayfish, an invasive species. The commercial taking of crayfish may be allowed only to the extent that it is consistent with state goals for management of invasive species and other environmental standards, including an environmental analysis conducted by the Tahoe Regional Planning Agency or another appropriate lead agency for each proposed individual harvest operation. (b) The commission shall ensure that, with respect to the taking of crayfish for commercial purposes in Lake Tahoe or in the Lake Tahoe Basin, the commission’s regulations are consistent with the Lake Tahoe Region Aquatic Invasive Species Management Plan, as amended. (Added by Stats. 2013, Ch. 226, Sec. 3. (AB 165) Effective January 1, 2014.)
  19. 8492.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Particular Varieties of Fish [8140 - 8599.4] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 12. Crayfish [8490 - 8492] ( Article 12 added by Stats. 1970, Ch. 52. )

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    The department must take steps it considers necessary to prevent overfishing of crayfish in the Sacramento-San Joaquin Delta.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Particular Varieties of Fish [8140 - 8599.4] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 12. Crayfish [8490 - 8492] ( Article 12 added by Stats. 1970, Ch. 52. ) ## 8492. The department shall take the steps it determines are necessary to prevent overfishing of crayfish in the Sacramento-San Joaquin Delta. Those steps may include, but are not limited to, submitting to the Legislature proposed legislation to place limitations on the commercial crayfishing in that area. (Added by Stats. 1990, Ch. 528, Sec. 2.)
  20. 8494.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Particular Varieties of Fish [8140 - 8599.4] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 13. Halibut Trawl Grounds [8494 - 8497] ( Article 13 added by Stats. 1971, Ch. 1341. )

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    Vessels using bottom trawl gear in state-managed halibut fisheries must have a valid, unsuspended, and unrevoked California halibut bottom trawl vessel permit. The department issues permits annually, transfer is limited to specified conditions, fees are capped at $1,000 per permit before a restricted access program is adopted, and federal groundfish trawl permit holders may take up to 150 pounds of California halibut per trip without a halibut trawl permit.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Particular Varieties of Fish [8140 - 8599.4] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 13. Halibut Trawl Grounds [8494 - 8497] ( Article 13 added by Stats. 1971, Ch. 1341. ) ## 8494. (a) Any vessel using bottom trawl gear in state-managed halibut fisheries, as described in subdivision (a) of Section 8841, shall possess a valid California halibut bottom trawl vessel permit that has not been suspended or revoked and that is issued by the department authorizing the use of trawl gear by that vessel for the take of California halibut. (b) A California halibut bottom trawl vessel permit shall be issued annually, and commencing with the 2006 permit year, shall be issued only to a person who had been issued a California halibut bottom trawl vessel permit in the immediately preceding permit year. (c) Permits issued pursuant to this section may be transferred only if at least one of the following occur: (1) The commission adopts a restricted access program for the fishery that is consistent with the commission’s policies regarding restricted access to commercial fisheries. (2) (A) Before the implementation of a halibut trawl restricted access program, the department may consider requests from a vessel permitholder or the permitholder’s conservator or estate representative, as applicable, to transfer a vessel permit to a vessel consistent with the requirements of subparagraph (B) or (C). The department may request information that it determines is reasonably necessary from the permitholder or the permitholder’s conservator or heirs or estate for the purpose of verifying statements in the request before authorizing the transfer of the permit. (B) The department may approve the transfer of a California halibut bottom trawl vessel permit to a replacement vessel if all of the following requirements are met: (i) In the form of a notarized application, the permitholder submits to the department a request for the transfer of a California halibut bottom trawl vessel permit to another vessel owned by the permitholder. (ii) The permitholder provides a current United States Coast Guard certificate of documentation or vessel marine survey to the department for the permitted vessel and replacement vessel. (iii) Based on the information provided pursuant to clause (ii), the department determines that the replacement vessel is equal to or less than the capacity of the permitted vessel. (iv) The department determines the California halibut bottom trawl vessel permit for the permitted vessel is valid and has not been suspended or revoked. (v) If applicable, the department receives written confirmation from the replacement vessel’s owner or authorized agent, or mortgager, of the vessel’s participation in the transfer of the California halibut bottom trawl vessel permit. (vi) The replacement vessel is registered with the department pursuant to Section 7881 at the time the application is submitted pursuant to clause (i). (C) The department may approve the transfer of a California halibut bottom trawl vessel permit to another person if all of the following requirements are met: (i) In the form of a notarized application, the permitholder or the permitholder’s conservator or estate submits to the department a request to transfer a California halibut bottom trawl vessel permit to another person. (ii) If the permitholder’s estate submits a request pursuant to clause (i), the estate submits the notarized application to the department within one year of the death of the permitholder as listed on the death certificate. (iii) A current United States Coast Guard certificate of documentation or vessel marine survey is provided to the department for the permitted vessel and vessel to be used by the proposed transferee. (iv) Based on the information provided pursuant to clause (iii), the department determines that the vessel to be used by the proposed transferee is equal to or less than the capacity of the permitted vessel. (v) The proposed transferee meets both of the following requirements: (I) The person has a valid commercial fishing license issued pursuant to Section 7852 that has not been suspended or revoked. (II) The person is the owner of a commercial fishing vessel that is registered with the department pursuant to Section 7881 and that registration has not been suspended or revoked. (vi) The permit for the permitted vessel is current, and the permitholder or the permitholder’s conservator or estate submitting the application is responsible for any renewal of the permit that becomes due during the application processing period. (vii) Under penalty of perjury, the permitholder or the permitholder’s conservator or estate signs the application for transfer and certifies that the information included is true to the best of the permitholder’s information and belief. (D) Any applicant who is denied transfer pursuant to this paragraph may appeal the denial in writing describing the basis for the appeal to the commission within 60 days from the date of the department’s decision. (d) The commission shall establish California halibut bottom trawl vessel permit fees based on the recommendations of the department and utilizing the guidelines outlined in subdivision (b) of Section 711 to cover the costs of administering this section. Before the adoption of a restricted access program pursuant to subdivision (c), fees may not exceed one thousand dollars ($1,000) per permit. (e) Individuals holding a federal groundfish trawl permit may retain and land up to 150 pounds of California halibut per trip without a California halibut trawl permit in accordance with federal and state regulations, including, but not limited to, regulations developed under a halibut fishery management plan. (f) This section shall become inoperative upon the adoption by the commission of a halibut fishery management plan in accordance with the requirements of Part 1.7 (commencing with Section 7050). (g) The commission may adopt regulations to implement this section. (Amended by Stats. 2023, Ch. 132, Sec. 161. (AB 1760) Effective January 1, 2024. Inoperative on date prescribed in subd. (f).)
  21. 8495.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Particular Varieties of Fish [8140 - 8599.4] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 13. Halibut Trawl Grounds [8494 - 8497] ( Article 13 added by Stats. 1971, Ch. 1341. )

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    This section designates California halibut trawl grounds, prohibits trawl gear in certain listed areas, and requires the commission to review conditions and regulate trawl gear.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Particular Varieties of Fish [8140 - 8599.4] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 13. Halibut Trawl Grounds [8494 - 8497] ( Article 13 added by Stats. 1971, Ch. 1341. ) ## 8495. (a) The following areas are designated as the California halibut trawl grounds: (1) 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° true) from Point Mugu. (2) The ocean waters of Monterey Bay delineated by straight lines connecting the following points in the following order and excluding federal waters as defined by the order entered by the United States Supreme Court in the case of United States of America v. State of California, 135 S.Ct. 563 (2014): LatitudeLongitude36° 54.146′ N122° 4.244′ W36° 52.910′ N122° 4.225′ W36° 52.024′ N122° 2.117′ W36° 51.680′ N121° 59.321′ W36° 52.230′ N121° 57.810′ W36° 48.974′ N121° 52.474′ W36° 49.835′ N121° 51.840′ W36° 54.250′ N121° 54.883′ W36° 54.287′ N121° 58.062′ W36° 53.956′ N122° 2.117′ W(3) The ocean waters offshore of Port San Luis lying between one and three nautical miles from the mainland shore, as described by an area circumscribed by a line connecting the following points in clockwise order, with the line connecting the last two points approximately parallel to the lines connecting the preceding points: LatitudeLongitude35° 08′ N120° 46′ W35° 08′ N120° 40.1′ W35° 06.6′ N120° 39.2′ W35° 02.2′ N120° 39.3′ W34° 57′ N120° 40.7′ W34° 57′ N120° 43.5′ W35° 06.4′ N120° 46′ W(b) Notwithstanding 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 one-half 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 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 one-half 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° 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) Notwithstanding subdivision (a), the areas of the halibut trawl grounds identified in paragraphs (2) and (3) of subdivision (a) shall remain closed to trawling until the commission determines that trawling in those areas is consistent with the provisions of this section. At the commission’s discretion, a determination pursuant to this subdivision may be made through the review required pursuant to subdivision (e). (e) 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. (f) Notwithstanding any other 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. (Amended by Stats. 2018, Ch. 985, Sec. 8. (SB 1309) Effective January 1, 2019.)
  22. 8496.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Particular Varieties of Fish [8140 - 8599.4] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 13. Halibut Trawl Grounds [8494 - 8497] ( Article 13 added by Stats. 1971, Ch. 1341. )

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    This section restricts trawl net use in the California halibut trawl grounds, including season, hours, gear rules, possession limits, and commission authority to make the rules more restrictive.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Particular Varieties of Fish [8140 - 8599.4] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 13. Halibut Trawl Grounds [8494 - 8497] ( Article 13 added by Stats. 1971, Ch. 1341. ) ## 8496. (a) Unless otherwise specified by the commission pursuant subdivision (b), within the California halibut trawl grounds the following requirements shall apply to the use of trawl nets: (1) Open season and hours of operation shall be as follows: (A) Open season shall be June 16 to March 14, inclusive. (B) In the designated halibut trawl grounds within Monterey Bay and offshore of Port San Luis, trawl fishing gear may only be deployed to capture fish between sunrise and sunset. (2) California halibut shall only be taken pursuant to Section 8392. (3) 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. (4) It is unlawful to operate a trawl net in a way that damages or destroys other types of fishing gear that is buoyed or otherwise visibly marked. (5) Sections 8833 and 8836 do not apply to trawl nets when used or possessed on California halibut trawl grounds. (6) Trawl nets described in Section 8843 shall only be used within the halibut trawl grounds. (7) 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 seven and one-half inches in length. (8) 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. (b) The commission may reduce the length of the open season or hours of operation, or either of those, specified in paragraph (1) of subdivision (a). The commission may also modify any of the requirements of paragraphs (2) to (8), inclusive, of subdivision (a) to make those requirements more restrictive. (Amended by Stats. 2018, Ch. 985, Sec. 9. (SB 1309) Effective January 1, 2019.)
  23. 8497.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Particular Varieties of Fish [8140 - 8599.4] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 13. Halibut Trawl Grounds [8494 - 8497] ( Article 13 added by Stats. 1971, Ch. 1341. )

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    The director may close part or all of the designated halibut trawl grounds to trawl net fishing, or further restrict nets used there, if needed to prevent irreparable injury to the halibut resource or existing fishing operations.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Particular Varieties of Fish [8140 - 8599.4] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 13. Halibut Trawl Grounds [8494 - 8497] ( Article 13 added by Stats. 1971, Ch. 1341. ) ## 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. (Amended by Stats. 1983, Ch. 101, Sec. 38.)
  24. 850.

    ## Fish and Game Code - FGC ## DIVISION 2. DEPARTMENT OF FISH AND WILDLIFE [700 - 1958] ( Heading of Division 2 amended by Stats. 2015, Ch. 154, Sec. 21. ) ## CHAPTER 2. Deputies, and Other Employees; County Wardens [850 - 882] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 1. State [850 - 860] ( Article 1 enacted by Stats. 1957, Ch. 456. )

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    The director must periodically hire or appoint the staff the department needs, and may do so with or without pay.

    ## Fish and Game Code - FGC ## DIVISION 2. DEPARTMENT OF FISH AND WILDLIFE [700 - 1958] ( Heading of Division 2 amended by Stats. 2015, Ch. 154, Sec. 21. ) ## CHAPTER 2. Deputies, and Other Employees; County Wardens [850 - 882] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 1. State [850 - 860] ( Article 1 enacted by Stats. 1957, Ch. 456. ) ## 850. The director shall, from time to time, employ or appoint, with or without pay, such deputies, clerks, assistants, and other employees as the department may need to discharge in proper manner the duties imposed upon it by law. (Enacted by Stats. 1957, Ch. 456.)
  25. 8500.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Particular Varieties of Fish [8140 - 8599.4] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 14. Tidal Invertebrates [8500- 8500.] ( Article 14 added by Stats. 1972, Ch. 1248. )

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    Commercial taking, possession aboard a boat, or landing of mollusks, crustaceans, or other invertebrates is prohibited in tide pools and tidal areas unless an unrevoked, unsuspended tidal invertebrate permit has been issued or another chapter exception applies.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Particular Varieties of Fish [8140 - 8599.4] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 14. Tidal Invertebrates [8500- 8500.] ( Article 14 added by Stats. 1972, Ch. 1248. ) ## 8500. Except as otherwise expressly permitted in this chapter, no mollusks, crustaceans, or other invertebrates may be taken, possessed aboard a boat, or landed for commercial purposes by any person in any tide pool or tidal area, including tide flats or other areas between the high tidemark and 1,000 feet beyond the low tidemark, unless a valid tidal invertebrate permit has been issued to that person that has not been suspended or revoked. The taking, possessing, or landing of mollusks, crustaceans, or other invertebrates pursuant to this section shall be subject to regulations adopted by the commission. (Amended by Stats. 1996, Ch. 870, Sec. 37. Effective January 1, 1997.)
  26. 851.

    ## Fish and Game Code - FGC ## DIVISION 2. DEPARTMENT OF FISH AND WILDLIFE [700 - 1958] ( Heading of Division 2 amended by Stats. 2015, Ch. 154, Sec. 21. ) ## CHAPTER 2. Deputies, and Other Employees; County Wardens [850 - 882] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 1. State [850 - 860] ( Article 1 enacted by Stats. 1957, Ch. 456. )

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    A deputy appointed to enforce this code is a peace officer and may arrest for violations of the code and serve processes and notices statewide.

    ## Fish and Game Code - FGC ## DIVISION 2. DEPARTMENT OF FISH AND WILDLIFE [700 - 1958] ( Heading of Division 2 amended by Stats. 2015, Ch. 154, Sec. 21. ) ## CHAPTER 2. Deputies, and Other Employees; County Wardens [850 - 882] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 1. State [850 - 860] ( Article 1 enacted by Stats. 1957, Ch. 456. ) ## 851. A deputy appointed to enforce the provisions of this code is a peace officer. The deputy has all the powers and authority conferred by law upon peace officers listed in Section 830.6 of the Penal Code to make arrests for violations of this code, and may serve all processes and notices throughout the state. (Amended by Stats. 1986, Ch. 817, Sec. 1.)
  27. 8510.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Particular Varieties of Fish [8140 - 8599.4] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 14.5. Krill [8510- 8510.] ( Article 14.5 added by Stats. 2000, Ch. 410, Sec. 10.5. )

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    Krill may not be taken or landed except for scientific research under commission-adopted regulations.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Particular Varieties of Fish [8140 - 8599.4] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 14.5. Krill [8510- 8510.] ( Article 14.5 added by Stats. 2000, Ch. 410, Sec. 10.5. ) ## 8510. It is unlawful to take or land krill of any species of euphausiid for any purpose except scientific research pursuant to regulations adopted by the commission. This section applies to krill in the waters of this state and up to 200 miles offshore, as long as federal law does not regulate the taking of krill. (Amended by Stats. 2003, Ch. 218, Sec. 1. Effective January 1, 2004.)
  28. 853.

    ## Fish and Game Code - FGC ## DIVISION 2. DEPARTMENT OF FISH AND WILDLIFE [700 - 1958] ( Heading of Division 2 amended by Stats. 2015, Ch. 154, Sec. 21. ) ## CHAPTER 2. Deputies, and Other Employees; County Wardens [850 - 882] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 1. State [850 - 860] ( Article 1 enacted by Stats. 1957, Ch. 456. )

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    The director may deputize department employees to check licenses and enforce Section 7145 violations, but first-time deputized persons must complete the required training and may not enforce other code provisions.

    ## Fish and Game Code - FGC ## DIVISION 2. DEPARTMENT OF FISH AND WILDLIFE [700 - 1958] ( Heading of Division 2 amended by Stats. 2015, Ch. 154, Sec. 21. ) ## CHAPTER 2. Deputies, and Other Employees; County Wardens [850 - 882] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 1. State [850 - 860] ( Article 1 enacted by Stats. 1957, Ch. 456. ) ## 853. (a) The director may deputize any employee of the department to check persons for licenses required under Section 7145 and to enforce any violation of that section. (b) Before a person is deputized pursuant to this section for the first time, the person shall have satisfactorily completed a training course meeting the minimum standards of, and comparable to, the training for “level III reserve” as set forth in the regulations of the Commission on Peace Officer Standards and Training. (c) A person, who is deputized for the limited purpose stated in subdivision (a) shall not enforce any other provision of this code. Being deputized under this section does not make a person a peace officer subject to Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal Code. (Amended by Stats. 2015, Ch. 154, Sec. 25. (AB 1527) Effective January 1, 2016.)
  29. 854.

    ## Fish and Game Code - FGC ## DIVISION 2. DEPARTMENT OF FISH AND WILDLIFE [700 - 1958] ( Heading of Division 2 amended by Stats. 2015, Ch. 154, Sec. 21. ) ## CHAPTER 2. Deputies, and Other Employees; County Wardens [850 - 882] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 1. State [850 - 860] ( Article 1 enacted by Stats. 1957, Ch. 456. )

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    A person must be at least 18 years old to be appointed fish and game warden; the examination also requires proof of physical ability to perform the job safely.

    ## Fish and Game Code - FGC ## DIVISION 2. DEPARTMENT OF FISH AND WILDLIFE [700 - 1958] ( Heading of Division 2 amended by Stats. 2015, Ch. 154, Sec. 21. ) ## CHAPTER 2. Deputies, and Other Employees; County Wardens [850 - 882] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 1. State [850 - 860] ( Article 1 enacted by Stats. 1957, Ch. 456. ) ## 854. Notwithstanding Section 18932 of the Government Code, the minimum age limit for appointment to the position of fish and game warden of the department shall be 18 years. An examination for the position of warden shall require a demonstration of the physical ability to effectively carry out the duties and responsibilities of the position in a manner that would not inordinately endanger the health or safety of a warden or any other person. (Amended by Stats. 2015, Ch. 154, Sec. 26. (AB 1527) Effective January 1, 2016.)
  30. 855.

    ## Fish and Game Code - FGC ## DIVISION 2. DEPARTMENT OF FISH AND WILDLIFE [700 - 1958] ( Heading of Division 2 amended by Stats. 2015, Ch. 154, Sec. 21. ) ## CHAPTER 2. Deputies, and Other Employees; County Wardens [850 - 882] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 1. State [850 - 860] ( Article 1 enacted by Stats. 1957, Ch. 456. )

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    Department law enforcement officers may spend authorized funds on listed evidence-related purchases and investigations if the director authorizes it, without revealing the employee’s identity; approved claims must then be repaid and paid from department support funds.

    ## Fish and Game Code - FGC ## DIVISION 2. DEPARTMENT OF FISH AND WILDLIFE [700 - 1958] ( Heading of Division 2 amended by Stats. 2015, Ch. 154, Sec. 21. ) ## CHAPTER 2. Deputies, and Other Employees; County Wardens [850 - 882] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 1. State [850 - 860] ( Article 1 enacted by Stats. 1957, Ch. 456. ) ## 855. Regularly employed law enforcement officers of the department may, when authorized by the director, expend such sums as authorized for the purchase of fish, birds, or mammals as evidence, or for expenditures related to the procurement of such evidence, or for expenditures made to investigate other violations of this code without divulging the identity of the employee. The sums so expended shall be repaid to the law enforcement officer making the expenditure upon claims approved by the director. The claims, when approved, shall be paid out of the funds appropriated or made available by law for the support of the department. (Enacted by Stats. 1957, Ch. 456.)
  31. 8550.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Particular Varieties of Fish [8140 - 8599.4] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 15. Herring [8550 - 8559] ( Article 15 added by Stats. 1973, Ch. 733. )

    Verify source ↗

    Herring may be taken for commercial purposes only with a permit and subject to commission regulations.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Particular Varieties of Fish [8140 - 8599.4] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 15. Herring [8550 - 8559] ( Article 15 added by Stats. 1973, Ch. 733. ) ## 8550. Herring may be taken for commercial purposes only under a permit, subject to regulations adopted by the commission. The commission may, whenever necessary to prevent overutilization, to ensure efficient and economic operation of the fishery, or to otherwise carry out this article, limit the total number of permits that are issued and the amount of herring that may be taken under the permits. The commission, in limiting the total number of permits, shall take into consideration any restriction of the fishing area and the safety of others who, for purposes other than fishing, use the waters from which herring are taken. (Amended by Stats. 1996, Ch. 870, Sec. 38. Effective January 1, 1997.)
  32. 8550.5.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Particular Varieties of Fish [8140 - 8599.4] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 15. Herring [8550 - 8559] ( Article 15 added by Stats. 1973, Ch. 733. )

    Verify source ↗

    Herring net permits may be issued to licensed commercial fishermen, with different fees for residents and nonresidents using gill nets, and the commission may not require a permit for crewmembers on vessels taking herring.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Particular Varieties of Fish [8140 - 8599.4] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 15. Herring [8550 - 8559] ( Article 15 added by Stats. 1973, Ch. 733. ) ## 8550.5. (a) A herring net permit granting the privilege to take herring with nets for commercial purposes shall be issued to licensed commercial fishermen, subject to regulations adopted under Section 8550, as follows: (1) To any resident of this state to use gill nets, upon payment of a fee of two hundred sixty-five dollars ($265). (2) To any nonresident to use gill nets, upon payment of a fee of one thousand dollars ($1,000). (b) The commission shall not require a permit for a person to be a crewmember on a vessel taking herring pursuant to this article. (Amended by Stats. 2000, Ch. 388, Sec. 17. Effective January 1, 2001.)
  33. 8552.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Particular Varieties of Fish [8140 - 8599.4] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 15. Herring [8550 - 8559] ( Article 15 added by Stats. 1973, Ch. 733. )

    Verify source ↗

    Herring fishing for roe on a vessel is unlawful unless the operator has a herring permit, and permits are tightly limited in how they may be issued, held, transferred, and used.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Particular Varieties of Fish [8140 - 8599.4] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 15. Herring [8550 - 8559] ( Article 15 added by Stats. 1973, Ch. 733. ) ## 8552. (a) It is unlawful to take herring for roe on a vessel unless the operator holds a herring permit issued by the department pursuant to commission regulations. The permit may be transferred pursuant to Sections 8552.2 and 8552.6. (b) No person may be issued more than one herring permit, and the department shall not issue a herring permit to more than one person except as provided in Section 8552.6. (c) Herring permits shall only be issued to and shall be held only by a natural person. (d) Herring permits shall not be used as any form of security for any purpose, including, but not limited to, financial or performance obligations. (e) The permittee shall be on board the vessel at all times during herring fishing operations, subject only to exceptions provided for in this code and regulations adopted under this code. (Amended by Stats. 1988, Ch. 1505, Sec. 3.)
  34. 8552.1.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Particular Varieties of Fish [8140 - 8599.4] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 15. Herring [8550 - 8559] ( Article 15 added by Stats. 1973, Ch. 733. )

    Verify source ↗

    The commission may adjust permit fees for herring fishery permits, including issuance and transfer fees, after consultation and at least one public hearing.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Particular Varieties of Fish [8140 - 8599.4] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 15. Herring [8550 - 8559] ( Article 15 added by Stats. 1973, Ch. 733. ) ## 8552.1. The commission, in consultation with the department and representatives of the commercial roe herring fishery, and after holding at least one public hearing, may adjust the fees charged for permits; including fees for the issuance or transfer of permits, to a level that will not discourage the transfer of permits or limit entry into the fishery, and that will ensure sufficient funds to cover reasonable department costs associated with the management of the fishery, including research and enforcement costs. (Added by Stats. 2004, Ch. 713, Sec. 3. Effective January 1, 2005.)
  35. 8552.2.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Particular Varieties of Fish [8140 - 8599.4] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 15. Herring [8550 - 8559] ( Article 15 added by Stats. 1973, Ch. 733. )

    Verify source ↗

    A herring permit can be transferred only under the section’s notice and point rules, and no one may hold more than one herring permit.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Particular Varieties of Fish [8140 - 8599.4] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 15. Herring [8550 - 8559] ( Article 15 added by Stats. 1973, Ch. 733. ) ## 8552.2. Notwithstanding Section 1052, a herring permit may be transferred from a herring permitholder to a nonpermitholder having a minimum of 20 or more herring fishery points, as follows: The permitholder shall mail, by certified or registered mail, to the department and every individual listed on the department’s list of maximum 20 or more point herring fishery participants, his or her notice of intention to transfer his or her herring permit, which notice shall specify the gear type to be used under the herring permit; the name, address, and telephone number of the transferor and proposed transferee; and the amount of consideration, if any, sought by the transferor. Sixty days after mailing the notice, the transferor may transfer the permit to any person having 20 or more experience points without the necessity for giving further notice if the transfer occurs within six months of the date the original notice was given. Transfers after that six-month period shall require another 60-day notice of intention to be given. No person may hold more than one herring permit. A true copy of the notice of intention to transfer a permit shall be filed with the department by the transferor under penalty of perjury and shall be available for public review. (Amended by Stats. 1989, Ch. 207, Sec. 4. Effective July 25, 1989.)
  36. 8552.3.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Particular Varieties of Fish [8140 - 8599.4] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 15. Herring [8550 - 8559] ( Article 15 added by Stats. 1973, Ch. 733. )

    Verify source ↗

    The commission may adopt regulations to help transfer herring permits, if it consults with commercial herring roe fishery representatives and holds at least one public hearing.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Particular Varieties of Fish [8140 - 8599.4] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 15. Herring [8550 - 8559] ( Article 15 added by Stats. 1973, Ch. 733. ) ## 8552.3. The commission may, in consultation with representatives of the commercial herring roe fishery, and after holding at least one public hearing, adopt regulations intended to facilitate the transfer of herring permits, including, but not limited to, regulations that would do the following: (a) Allow an individual to own a single permit for each of the different herring gillnet platoons in San Francisco Bay. (b) Eliminate the point system for qualifying for a herring permit. (c) Allow a herring permit to be passed from a parent to child, or between spouses. (Amended by Stats. 2016, Ch. 50, Sec. 42. (SB 1005) Effective January 1, 2017.)
  37. 8552.4.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Particular Varieties of Fish [8140 - 8599.4] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 15. Herring [8550 - 8559] ( Article 15 added by Stats. 1973, Ch. 733. )

    Verify source ↗

    The department may offer revoked or unrenewed herring permits in a drawing for people with 20 or more fishery experience points.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Particular Varieties of Fish [8140 - 8599.4] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 15. Herring [8550 - 8559] ( Article 15 added by Stats. 1973, Ch. 733. ) ## 8552.4. Herring permits that are revoked or not renewed may be offered by the department for a drawing to persons having 20 or more experience points in the fishery on the first Friday of August of each year. (Amended by Stats. 1989, Ch. 207, Sec. 5. Effective July 25, 1989.)
  38. 8552.5.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Particular Varieties of Fish [8140 - 8599.4] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 15. Herring [8550 - 8559] ( Article 15 added by Stats. 1973, Ch. 733. )

    Verify source ↗

    The commission must revoke a herring permit if the holder is convicted of certain herring-reporting violations or fails to properly file a transferred permit offer or acceptance with the department.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Particular Varieties of Fish [8140 - 8599.4] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 15. Herring [8550 - 8559] ( Article 15 added by Stats. 1973, Ch. 733. ) ## 8552.5. The commission shall revoke any herring permit if the holder of the herring permit was convicted of failing to report herring landings or underreported herring landings or failed to correctly file with the department the offer or the acceptance for a permit transferred pursuant to Section 8552.2. (Added by Stats. 1988, Ch. 1505, Sec. 6.)
  39. 8552.6.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Particular Varieties of Fish [8140 - 8599.4] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 15. Herring [8550 - 8559] ( Article 15 added by Stats. 1973, Ch. 733. )

    Verify source ↗

    This section lets the department issue a herring permit to two people if they meet specified marriage or partnership conditions, and it allows certain permit transfers and interim transfers after death or breakup of the partnership.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Particular Varieties of Fish [8140 - 8599.4] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 15. Herring [8550 - 8559] ( Article 15 added by Stats. 1973, Ch. 733. ) ## 8552.6. (a) Notwithstanding Section 8552, a herring permit may be issued to two individuals if one of the following criteria is met: (1) The individuals are married to each other and file with the department a certified copy of their certificate of marriage and a declaration under penalty of perjury, or a court order, stating that the permit is community property. (2) The individuals meet both of the following requirements: (A) They are both engaged in the herring roe fishery either by fishing aboard the vessel or by personally participating in the management, administration, and operation of the partnership’s herring fishing business. (B) There is a partnership constituting equal, 50 percent, ownership in a herring fishery operation, including a vessel or equipment, and that partnership is demonstrated by any two of the following: (i) A copy of a federal partnership tax return. (ii) A written partnership agreement. (iii) Joint ownership of a fishing vessel used in the herring fishery as demonstrated on federal vessel license documents. (b) For purposes of this section, a herring permit does not constitute a herring fishing operation. A herring permit may be transferred to one of the partners to be held thereafter in that partner’s name only if that partner has not less than 10 points computed pursuant to paragraph (2) of subdivision (a) of Section 8552.8 and there has been a death or retirement of the other partner, a dissolution of partnership, or the partnership is dissolved by a dissolution of marriage or decree of legal separation. A transfer under this section shall be authorized only if proof that the partnership has existed for three or more consecutive years is furnished to the department or a certified copy of a certificate of marriage is on file with the department and the permit is community property as provided in subdivision (a). The transferor of a permit shall not, by reason of the transfer, become ineligible to participate further in the herring fishery or to purchase another permit. (c) Notwithstanding subdivision (b), in the event of the death of one of the partners holding a herring permit pursuant to this section, where the partnership existed for longer than six months but less than three years and the surviving partner does not have the minimum points pursuant to subdivision (b) to qualify for a permit transfer, the permit may be transferred on an interim basis for a period of not more than 10 years to the surviving partner if an application is submitted to the department within one year of the deceased partner’s death and the surviving partner participates in the fishery for the purpose of achieving the minimum number of points to be eligible for a permit transfer pursuant to Section 8552.2. The interim permit shall enable the surviving partner to participate in the herring fishery. At the end of the interim permit period, the surviving partner, upon application to the department, may be issued the permit if he or she has participated in the fishery and gained the minimum number of experience points for a permit. (Amended by Stats. 2001, Ch. 753, Sec. 20. Effective January 1, 2002.)
  40. 8552.65.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Particular Varieties of Fish [8140 - 8599.4] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 15. Herring [8550 - 8559] ( Article 15 added by Stats. 1973, Ch. 733. )

    Verify source ↗

    When a herring permittee dies, the permit can pass to the estate and be transferred by specified representatives, but the transfer must be noticed to the department in writing by certified mail within one year.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Particular Varieties of Fish [8140 - 8599.4] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 15. Herring [8550 - 8559] ( Article 15 added by Stats. 1973, Ch. 733. ) ## 8552.65. (a) Upon the death of a herring permittee, the permit shall vest in the permittee’s estate or in the surviving community estate, and may be transferred by the executor, administrator, personal representative, or surviving spouse to a qualified pointholder pursuant to Section 8552.2 or to a qualified partner, pursuant to Section 8552.6. (b) The transfer shall be initiated by notice to the department, in writing, sent by certified mail, within one year of the date of death. (c) If no transfer is initiated within one year of the date of death, the permit shall revert to the department for disposition pursuant to Section 8552.4, and thereafter be treated as a herring permit that has not been renewed. (d) The department may, upon written application, grant an extension of time up to one additional year for the transfer to be initiated. (Added by renumbering Section 8104 by Stats. 2023, Ch. 132, Sec. 150. (AB 1760) Effective January 1, 2024.)
  41. 8552.7.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Particular Varieties of Fish [8140 - 8599.4] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 15. Herring [8550 - 8559] ( Article 15 added by Stats. 1973, Ch. 733. )

    Verify source ↗

    The department must reissue a transferred herring permit when the transferee pays the transfer fee.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Particular Varieties of Fish [8140 - 8599.4] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 15. Herring [8550 - 8559] ( Article 15 added by Stats. 1973, Ch. 733. ) ## 8552.7. The department shall reissue a herring permit which has been transferred pursuant to Section 8552.2 or 8552.6 upon payment of a transfer fee by the transferee of the permit. Before April 1, 1997, the transfer fee is two thousand five hundred dollars ($2,500), and, on and after April 1, 1997, the transfer fee is five thousand dollars ($5,000). The fees shall be deposited in the Fish and Game Preservation Fund and shall be expended for research and management activities to maintain and enhance herring resources pursuant to subdivision (a) of Section 8052. (Amended by Stats. 1994, Ch. 360, Sec. 1. Effective January 1, 1995.)
  42. 8552.8.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Particular Varieties of Fish [8140 - 8599.4] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 15. Herring [8550 - 8559] ( Article 15 added by Stats. 1973, Ch. 733. )

    Verify source ↗

    This section sets how herring roe fishery experience points are calculated and requires the department to keep and share an annual points list.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Particular Varieties of Fish [8140 - 8599.4] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 15. Herring [8550 - 8559] ( Article 15 added by Stats. 1973, Ch. 733. ) ## 8552.8. (a) For purposes of this article, the experience points for a person engaged in the herring roe fishery shall be based on the number of years holding a commercial fishing license and the number of years having served as a crewmember in the herring roe fishery, and determined by the sum of both of the following: (1) One point for each year in the previous 12 years (prior to the current license year) that the person has held a commercial fishing license issued pursuant to Section 7852, not to exceed a maximum of 10 points. (2) Five points for one year of service as a paid crewmember in the herring roe fishery, as determined pursuant to Section 8559, three points for a second year of service as a paid crewmember, and two points for a third year as a paid crewmember, beginning with the 1978–79 herring fishing season, not to exceed a maximum of 10 points. (b) The department shall maintain a list of all individuals possessing the maximum of 20 experience points and of all those persons holding two points or more, grouped in a list by number of points. The list shall be maintained annually and shall be available from the department to all pointholders and to all herring permittees. All pointholders are responsible for providing the department with their current address and for verifying points credited to them by the department. (c) A herring permittee may use the department’s list and rely upon that list in making offers for transfer of his or her permit until the date of the annual distribution of the new list. On and after the date of the annual revision of the list, the permittee shall use the new list. (d) The point provisions in this section are for purposes of sale of a permit or transfer to a partner of a coowned permit. (Amended by Stats. 2000, Ch. 388, Sec. 18. Effective January 1, 2001.)
  43. 8553.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Particular Varieties of Fish [8140 - 8599.4] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 15. Herring [8550 - 8559] ( Article 15 added by Stats. 1973, Ch. 733. )

    Verify source ↗

    The commission may make and enforce regulations that are necessary or convenient to carry out powers, authority, or jurisdiction under this article.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Particular Varieties of Fish [8140 - 8599.4] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 15. Herring [8550 - 8559] ( Article 15 added by Stats. 1973, Ch. 733. ) ## 8553. The commission may make and enforce such regulations as may be necessary or convenient for carrying out any power, authority, or jurisdiction conferred under this article. (Added by Stats. 1973, Ch. 733.)
  44. 8554.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Particular Varieties of Fish [8140 - 8599.4] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 15. Herring [8550 - 8559] ( Article 15 added by Stats. 1973, Ch. 733. )

    Verify source ↗

    The commission must include a way to temporarily substitute a permittee with a crewmember to take herring if the permittee is ill or injured.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Particular Varieties of Fish [8140 - 8599.4] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 15. Herring [8550 - 8559] ( Article 15 added by Stats. 1973, Ch. 733. ) ## 8554. The commission, in adopting regulations for the commercial herring fishery, shall provide for the temporary substitution of a permittee to take herring, if the permittee is ill or injured, by a crewmember aboard the vessel operated by the permittee. The commission may require that proof of the illness or injury be substantiated to the satisfaction of the department. (Added by Stats. 1986, Ch. 725, Sec. 3.)
  45. 8555.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Particular Varieties of Fish [8140 - 8599.4] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 15. Herring [8550 - 8559] ( Article 15 added by Stats. 1973, Ch. 733. )

    Verify source ↗

    The director must periodically meet with commercial herring roe fishery representatives to review regulations and policies and receive recommendations.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Particular Varieties of Fish [8140 - 8599.4] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 15. Herring [8550 - 8559] ( Article 15 added by Stats. 1973, Ch. 733. ) ## 8555. The director shall periodically meet and confer with representatives of the commercial herring roe fishery to review regulations and policies of the commission and the department concerning that fishery and to receive recommendations on the regulation and management of that fishery. In particular, those representatives and their legal counsel may recommend to the department, for recommendation to the commission for adoption by the commission as regulations, requirements for the payment of civil damages that may be imposed in lieu of revoking or suspending a permit issued pursuant to this article or for violations of regulations adopted by the commission pertaining to the herring roe fishery. (Added by Stats. 1986, Ch. 725, Sec. 4.)
  46. 8556.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Particular Varieties of Fish [8140 - 8599.4] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 15. Herring [8550 - 8559] ( Article 15 added by Stats. 1973, Ch. 733. )

    Verify source ↗

    The commission must decide by regulation whether drift or set gill nets may be used to take herring for commercial purposes, and it may also regulate mesh size for those nets.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Particular Varieties of Fish [8140 - 8599.4] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 15. Herring [8550 - 8559] ( Article 15 added by Stats. 1973, Ch. 733. ) ## 8556. Notwithstanding any other provision of law, the commission shall determine, by regulation, if drift or set gill nets may be used to take herring for commercial purposes. The commission may also determine, by regulation, the size of the meshes of the material used to make such gill nets. (Added by Stats. 1976, Ch. 882.)
  47. 8557.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Particular Varieties of Fish [8140 - 8599.4] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 15. Herring [8550 - 8559] ( Article 15 added by Stats. 1973, Ch. 733. )

    Verify source ↗

    The commission decides whether round haul nets may be used to take herring in Districts 12 and 13, and sets the conditions for that use.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Particular Varieties of Fish [8140 - 8599.4] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 15. Herring [8550 - 8559] ( Article 15 added by Stats. 1973, Ch. 733. ) ## 8557. Notwithstanding any other provision of law, the commission shall determine if round haul nets may be used to take herring in Districts 12 and 13 and the conditions under which those nets may be used. (Amended by Stats. 1987, Ch. 269, Sec. 17.)
  48. 8559.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Particular Varieties of Fish [8140 - 8599.4] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 15. Herring [8550 - 8559] ( Article 15 added by Stats. 1973, Ch. 733. )

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    For certain new entrants to the herring fishery after January 1, 1987, the commission requires proof of crew payment history when someone claims crew experience for a vessel permit.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Particular Varieties of Fish [8140 - 8599.4] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 15. Herring [8550 - 8559] ( Article 15 added by Stats. 1973, Ch. 733. ) ## 8559. The commission, in determining experience requirements for new entrants into the herring fishery after January 1, 1987, shall require that any person seeking a permit to operate a vessel to take herring and claiming crew experience shall demonstrate, to the satisfaction of the department, proof of payment as a crewmember in the herring fishery based on tax records or copies of canceled checks offered and accepted as payment for service on a crew in the California herring roe fishery. (Added by Stats. 1986, Ch. 725, Sec. 5.)
  49. 856.

    ## Fish and Game Code - FGC ## DIVISION 2. DEPARTMENT OF FISH AND WILDLIFE [700 - 1958] ( Heading of Division 2 amended by Stats. 2015, Ch. 154, Sec. 21. ) ## CHAPTER 2. Deputies, and Other Employees; County Wardens [850 - 882] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 1. State [850 - 860] ( Article 1 enacted by Stats. 1957, Ch. 456. )

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    Some department employees designated by the director become peace officers, and those peace officers must complete a basic course before first deputation and keep up with regular training required by the Commission on Peace Officer Standards and Training.

    ## Fish and Game Code - FGC ## DIVISION 2. DEPARTMENT OF FISH AND WILDLIFE [700 - 1958] ( Heading of Division 2 amended by Stats. 2015, Ch. 154, Sec. 21. ) ## CHAPTER 2. Deputies, and Other Employees; County Wardens [850 - 882] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 1. State [850 - 860] ( Article 1 enacted by Stats. 1957, Ch. 456. ) ## 856. (a) All employees of the department designated by the director as deputized law enforcement officers are peace officers as provided by Section 830.2 of the Penal Code. The authority of that peace officer extends to any place in the state as to a public offense committed or which offense there is probable cause to believe has been committed within the state. (b) Every peace officer described in this section, before the date that he or she is first deputized by the department, shall have satisfactorily completed the basic course as set forth in the regulations of the Commission on Peace Officer Standards and Training. (c) Every peace officer described in this section shall be required to complete regular training courses as required by the Commission on Peace Officer Standards and Training. (Amended by Stats. 2007, Ch. 285, Sec. 10. Effective January 1, 2008.)
  50. 856.5.

    ## Fish and Game Code - FGC ## DIVISION 2. DEPARTMENT OF FISH AND WILDLIFE [700 - 1958] ( Heading of Division 2 amended by Stats. 2015, Ch. 154, Sec. 21. ) ## CHAPTER 2. Deputies, and Other Employees; County Wardens [850 - 882] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 1. State [850 - 860] ( Article 1 enacted by Stats. 1957, Ch. 456. )

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    The department may install dashboard cameras in certain patrol vehicles, and must set rules for their activation, retention, and access. Officers covered by Section 856 may use them to record communications or actions while in uniform and acting within authority.

    ## Fish and Game Code - FGC ## DIVISION 2. DEPARTMENT OF FISH AND WILDLIFE [700 - 1958] ( Heading of Division 2 amended by Stats. 2015, Ch. 154, Sec. 21. ) ## CHAPTER 2. Deputies, and Other Employees; County Wardens [850 - 882] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 1. State [850 - 860] ( Article 1 enacted by Stats. 1957, Ch. 456. ) ## 856.5. (a) The department may install patrol vehicle mounted video and audio systems, commonly known as dashboard cameras, in patrol vehicles used by peace officers described in Section 856. A peace officer described in Section 856 may use the patrol vehicle mounted video and audio system to record any communications or other actions involving the officer while the officer is in uniform and acting within the scope of his or her authority. (b) The department shall adopt a policy to establish standards regarding the activation of patrol vehicle mounted video and audio systems and the preservation and retention of recordings from patrol vehicle mounted video and audio systems, subject to the following requirements: (1) Once a patrol vehicle mounted video and audio system has been activated pursuant to standards established by the department pursuant to subdivision (b), the patrol vehicle mounted video and audio system shall record the duration of an encounter. (2) The department shall retain a recording from a patrol vehicle mounted video and audio system for a minimum of 90 days and a maximum of one year, except if the recording is necessary for a pending, or reasonably foreseeable civil or criminal action, or for training or administrative purposes. (3) The department shall provide access to a recording from a patrol vehicle mounted video and audio system in accordance with all other provisions of law. (Added by Stats. 2014, Ch. 629, Sec. 1. (SB 1454) Effective January 1, 2015.)
  51. 8561.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Particular Varieties of Fish [8140 - 8599.4] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 16. Drift Gill Net Shark and Swordfish Fishery [8561 - 8583.5] ( Article 16 added by Stats. 1982, Ch. 1078, Sec. 3. )

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    Commercial drift gill net fishing for shark and swordfish is banned unless the fisher has a valid permit; a permit is not needed for certain small-mesh shark fishing.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Particular Varieties of Fish [8140 - 8599.4] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 16. Drift Gill Net Shark and Swordfish Fishery [8561 - 8583.5] ( Article 16 added by Stats. 1982, Ch. 1078, Sec. 3. ) ## 8561. (a) Notwithstanding Section 8394, shark and swordfish shall not be taken for commercial purposes with drift gill nets except under a valid drift gill net shark and swordfish permit issued to that person that has not been suspended or revoked and is issued to at least one person aboard the boat. (b) A drift gill net shark and swordfish permit shall not be required for the taking of sharks with drift gill nets with a mesh size smaller than eight inches in stretched mesh and twine size no. 18 or the equivalent of this twine size or smaller. (c) Notwithstanding Section 8102 or any other law, a permit issued pursuant to this section shall be surrendered or revoked as of January 31 of the fourth year following the department’s notification to the Legislature pursuant to paragraph (2) of subdivision (b) of Section 8583. (Amended by Stats. 2018, Ch. 844, Sec. 3. (SB 1017) Effective January 1, 2019.)
  52. 8561.5.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Particular Varieties of Fish [8140 - 8599.4] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 16. Drift Gill Net Shark and Swordfish Fishery [8561 - 8583.5] ( Article 16 added by Stats. 1982, Ch. 1078, Sec. 3. )

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    A permit issued under Section 8561 may not be transferred.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Particular Varieties of Fish [8140 - 8599.4] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 16. Drift Gill Net Shark and Swordfish Fishery [8561 - 8583.5] ( Article 16 added by Stats. 1982, Ch. 1078, Sec. 3. ) ## 8561.5. (a) Notwithstanding Section 8102 or any other law, a permit issued pursuant to Section 8561 may not be transferred. (b) This section shall become operative on March 31, 2019. (Repealed and added by Stats. 2018, Ch. 844, Sec. 5. (SB 1017) Effective January 1, 2019. Section operative March 31, 2019, by its own provisions.)
  53. 8562.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Particular Varieties of Fish [8140 - 8599.4] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 16. Drift Gill Net Shark and Swordfish Fishery [8561 - 8583.5] ( Article 16 added by Stats. 1982, Ch. 1078, Sec. 3. )

    Verify source ↗

    Late applications generally cannot be accepted after April 30 unless the commission approves them under Section 8569.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Particular Varieties of Fish [8140 - 8599.4] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 16. Drift Gill Net Shark and Swordfish Fishery [8561 - 8583.5] ( Article 16 added by Stats. 1982, Ch. 1078, Sec. 3. ) ## 8562. Applications delivered to a department office after April 30, or if mailed, postmarked after April 30, shall not be accepted unless approved by the commission pursuant to Section 8569. (Amended by Stats. 1998, Ch. 525, Sec. 10. Effective January 1, 1999.)
  54. 8563.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Particular Varieties of Fish [8140 - 8599.4] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 16. Drift Gill Net Shark and Swordfish Fishery [8561 - 8583.5] ( Article 16 added by Stats. 1982, Ch. 1078, Sec. 3. )

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    A permittee must be aboard the vessel and hold a valid permit when operating, but may use a substitute for up to 15 days a year, with longer substitutions possible for serious illness and written director approval.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Particular Varieties of Fish [8140 - 8599.4] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 16. Drift Gill Net Shark and Swordfish Fishery [8561 - 8583.5] ( Article 16 added by Stats. 1982, Ch. 1078, Sec. 3. ) ## 8563. (a) Except as provided in subdivision (b), the permittee shall be aboard the vessel and shall be in possession of a valid drift gill net shark and swordfish permit when engaged in operations authorized by the permit. (b) A permittee may have a person serve in the permittee’s place on the permittee’s vessel and engage in fishing under the permittee’s drift gill net shark and swordfish permit for not more than 15 days in a calendar year, except that a longer period may be allowed in the event of serious illness. A permittee shall notify the department’s Long Beach office of a substitution of 15 days or less per calendar year, by certified letter or telegram at least 24 hours before the commencement of the trip. Written authorization for a substitution of greater than 15 days shall be obtained from the director and shall be given only on the director’s finding that the permittee will not be available to engage in the activity due to serious illness, supported by medical evidence. An application for a substitution of greater than 15 days shall be made to the department’s headquarters office in Sacramento, and shall contain any information the director requires. A denial of the substitution may be appealed to the commission. (Amended by Stats. 2015, Ch. 154, Sec. 94. (AB 1527) Effective January 1, 2016.)
  55. 8564.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Particular Varieties of Fish [8140 - 8599.4] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 16. Drift Gill Net Shark and Swordfish Fishery [8561 - 8583.5] ( Article 16 added by Stats. 1982, Ch. 1078, Sec. 3. )

    Verify source ↗

    A permittee must specify the vessel to be used when applying for a drift gill net shark and swordfish permit. The department may authorize a vessel transfer on written request, with a $130 fee, subject to special rules for transfers requested between February 1 and April 30 and for other transfers.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Particular Varieties of Fish [8140 - 8599.4] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 16. Drift Gill Net Shark and Swordfish Fishery [8561 - 8583.5] ( Article 16 added by Stats. 1982, Ch. 1078, Sec. 3. ) ## 8564. When the permittee applies for a drift gill net shark and swordfish permit, the permittee shall specify the vessel he or she will use in operations authorized by the permit. Transfer to another vessel shall be authorized by the department upon receipt of a written request from the permittee, accompanied by a transfer fee of one hundred thirty dollars ($130), as follows: (a) One transfer requested between February 1 and April 30 shall be made by the department upon request and payment of the fee. (b) Any transfer, except as provided in subdivision (a), shall be authorized by the department only after receipt of proof of a compelling reason, which shall be submitted with the request for transfer, such as the sinking of the vessel specified for use in operations authorized by the permit. (Amended by Stats. 1992, Ch. 701, Sec. 38. Effective September 15, 1992. Operative April 1, 1993, by Sec. 71 of Ch. 701.)
  56. 8567.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Particular Varieties of Fish [8140 - 8599.4] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 16. Drift Gill Net Shark and Swordfish Fishery [8561 - 8583.5] ( Article 16 added by Stats. 1982, Ch. 1078, Sec. 3. )

    Verify source ↗

    A drift gill net shark and swordfish permit costs $330.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Particular Varieties of Fish [8140 - 8599.4] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 16. Drift Gill Net Shark and Swordfish Fishery [8561 - 8583.5] ( Article 16 added by Stats. 1982, Ch. 1078, Sec. 3. ) ## 8567. The fee for a drift gill net shark and swordfish permit shall be three hundred thirty dollars ($330). (Amended by Stats. 1996, Ch. 870, Sec. 40. Effective January 1, 1997.)
  57. 8568.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Particular Varieties of Fish [8140 - 8599.4] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 16. Drift Gill Net Shark and Swordfish Fishery [8561 - 8583.5] ( Article 16 added by Stats. 1982, Ch. 1078, Sec. 3. )

    Verify source ↗

    Drift gill net shark and swordfish permits must be issued to qualifying prior permittees who meet listed permit and season-history conditions.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Particular Varieties of Fish [8140 - 8599.4] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 16. Drift Gill Net Shark and Swordfish Fishery [8561 - 8583.5] ( Article 16 added by Stats. 1982, Ch. 1078, Sec. 3. ) ## 8568. Drift gill net shark and swordfish permits shall be issued to any prior permittee who possesses a valid drift gill net shark and swordfish permit issued pursuant to this section, but only if the permittee meets both of the following requirements: (a) Possesses a valid permit for the use of gill nets authorized pursuant to Section 8681. (b) Possessed a valid drift gill net shark and swordfish permit during the preceding season and that permit was not subsequently revoked. (Amended by Stats. 2002, Ch. 962, Sec. 5. Effective September 27, 2002.)
  58. 8568.5.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Particular Varieties of Fish [8140 - 8599.4] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 16. Drift Gill Net Shark and Swordfish Fishery [8561 - 8583.5] ( Article 16 added by Stats. 1982, Ch. 1078, Sec. 3. )

    Verify source ↗

    Some permit holders remain eligible for a drift gill net shark and swordfish permit if they did not meet the listed minimum landings and otherwise qualify.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Particular Varieties of Fish [8140 - 8599.4] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 16. Drift Gill Net Shark and Swordfish Fishery [8561 - 8583.5] ( Article 16 added by Stats. 1982, Ch. 1078, Sec. 3. ) ## 8568.5. Any person holding a valid drift gill net shark and swordfish permit on or after January 1, 2000, who did not make, on or after January 1, 2000, the minimum landings required under subdivision (c) of Section 8568, as amended by Section 11 of Chapter 525 of the Statutes of 1998, is eligible for that permit when that person meets all other qualifications for the permit. (Added by Stats. 2002, Ch. 962, Sec. 6. Effective September 27, 2002.)
  59. 8569.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Particular Varieties of Fish [8140 - 8599.4] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 16. Drift Gill Net Shark and Swordfish Fishery [8561 - 8583.5] ( Article 16 added by Stats. 1982, Ch. 1078, Sec. 3. )

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    The commission may set permit-issuance conditions in certain revocation or non-renewal cases, and the applicant may appeal to the director for issuance under those conditions.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Particular Varieties of Fish [8140 - 8599.4] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 16. Drift Gill Net Shark and Swordfish Fishery [8561 - 8583.5] ( Article 16 added by Stats. 1982, Ch. 1078, Sec. 3. ) ## 8569. The commission may establish conditions for the issuance of a permit if the person’s drift gill net shark and swordfish permit was revoked during a preceding season or if the person possessed a valid permit during the preceding season but did not apply for renewal of his or her permit on or before April 30. The applicant for a permit under this section may appeal to the director for the issuance of the permit under those conditions. (Amended by Stats. 2002, Ch. 962, Sec. 7. Effective September 27, 2002.)
  60. 857.

    ## Fish and Game Code - FGC ## DIVISION 2. DEPARTMENT OF FISH AND WILDLIFE [700 - 1958] ( Heading of Division 2 amended by Stats. 2015, Ch. 154, Sec. 21. ) ## CHAPTER 2. Deputies, and Other Employees; County Wardens [850 - 882] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 1. State [850 - 860] ( Article 1 enacted by Stats. 1957, Ch. 456. )

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    Department employees, agents, and licensees do not get a special right to enter private land without the owner’s consent or a warrant, except in listed situations. If the department surveys or evaluates private land and creates a report, it must provide a copy or a written explanation on request, and it may charge only duplication costs.

    ## Fish and Game Code - FGC ## DIVISION 2. DEPARTMENT OF FISH AND WILDLIFE [700 - 1958] ( Heading of Division 2 amended by Stats. 2015, Ch. 154, Sec. 21. ) ## CHAPTER 2. Deputies, and Other Employees; County Wardens [850 - 882] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 1. State [850 - 860] ( Article 1 enacted by Stats. 1957, Ch. 456. ) ## 857. (a) Notwithstanding any other provision of law, the status of a person as an employee, agent, or licensee of the department does not confer upon that person a special right or privilege to knowingly enter private land without the consent of the owner, a search warrant, or an inspection warrant. (b) Subdivision (a) does not apply to employees, agents, or licensees of the department in the event of an emergency. For purposes of this section, “emergency” means a sudden, unexpected occurrence, involving a clear and imminent danger demanding immediate action to prevent or mitigate loss of, or damage to, wildlife, wildlife resources, or wildlife habitat. (c) Subdivision (a) does not apply to a sworn peace officer authorized pursuant to subdivision (e) of Section 830.2 of the Penal Code or, if necessary for law enforcement purposes, to other departmental personnel accompanying a sworn peace officer. Subdivision (a) shall not be construed to define or alter any authority conferred on those peace officers by any other law or court decision. (d) Subdivision (a) does not apply to, or interfere with, the authority of employees or licensees to enter and inspect land in conformance with Section 4604 of the Public Resources Code. (e) This section is not intended to expand or constrain the authority, if any, of employees, agents, or licensees of the department to enter private land to conduct inspections pursuant to Section 7702 of this code or Section 8670.5, 8670.7, or 8670.10 of the Government Code. (f) If the department conducts a survey or evaluation of private land that results in the preparation of a document or report, the department shall, upon request and without undue delay, provide either a copy of the report or a written explanation of the department’s legal authority for denying the request. The department may charge a fee for each copy, not to exceed the direct costs of duplication. (Amended by Stats. 2015, Ch. 154, Sec. 27. (AB 1527) Effective January 1, 2016.)
  61. 8573.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Particular Varieties of Fish [8140 - 8599.4] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 16. Drift Gill Net Shark and Swordfish Fishery [8561 - 8583.5] ( Article 16 added by Stats. 1982, Ch. 1078, Sec. 3. )

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    Drift gill nets may be used to take shark and swordfish only under the article’s permit and listed restrictions.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Particular Varieties of Fish [8140 - 8599.4] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 16. Drift Gill Net Shark and Swordfish Fishery [8561 - 8583.5] ( Article 16 added by Stats. 1982, Ch. 1078, Sec. 3. ) ## 8573. Drift gill nets may be used to take shark and swordfish under the permit provided in this article, subject to Section 8610.3 and all of the following restrictions: (a) From June 1 to November 15, inclusive, shark or swordfish gill nets shall not be in the water from two hours after sunrise to two hours before sunset east of a line described as follows: From a point beginning at Las Pitas Point to San Pedro Point on Santa Cruz Island, thence to Gull Island Light, thence to the northeast extremity of San Nicolas Island, thence along the high water mark on the west side of San Nicolas Island to the southeast extremity of San Nicolas Island, thence to the northwest extremity of San Clemente Island, thence along the high water mark on the west side of San Clemente Island to the southeast extremity of San Clemente Island, thence along a line running 150° true from the southeast extremity of San Clemente Island to the westerly extension of the boundary line between the Republic of Mexico and San Diego County. (b) (1) The total maximum length of a shark or swordfish gill net on the net reel on a vessel, on the deck of the vessel, and in the water at any time shall not exceed 6,000 feet in float line length. The float line length shall be determined by measuring the float line, as tied, of all the net panels, combined with any other netted lines. The existence of holes, tears, or gaps in the net shall have no bearing on the measurement of the float line. The float line of any net panels with holes, tears, or gaps shall be included in the total float line measurement. (2) Any shark or swordfish gill net on the reel shall have the float lines of the adjacent panels tied together, the lead lines of the adjacent panels tied together, and the web of the adjacent panels laced together. No quick disconnect device may be used unless the total maximum length of all shark and swordfish gill nets, including all spare gill nets or net panels on the vessel and all gill nets or net panels on the net reels on the vessel, on the deck of the vessel, stored aboard the vessel, and in the water, does not exceed 6,000 feet in float line length as determined under paragraph (1). (3) Spare shark or swordfish gill net aboard the vessel shall not exceed 250 fathoms (1,500 feet) in total length, and the spare net shall be in separated panels not to exceed 100 fathoms (600 feet) in float line length for each panel, with the float lines and leadlines attached to each panel separately gathered and tied, and the spare net panels stowed in lockers, wells, or other storage space. (4) If a torn panel is replaced in a working shark or swordfish gill net, the torn panel shall be removed from the working net before the replacement panel is attached to the working net. (c) Any end of a shark or swordfish gill net not attached to the permittee’s vessel shall be marked by a pole with a radar reflector. The reflector shall be at least six feet above the surface of the ocean and not less than 10 inches in any dimension except thickness. The permittee’s permit number shall be permanently affixed to at least one buoy or float that is attached to the radar reflector staff. The permit number shall be at least one and one-half inches in height and all markings shall be at least one-quarter inch in width. (d) For the purposes of this article, “shark or swordfish gill net” means a drift gill net of 14-inch or greater mesh size. (Amended by Stats. 2007, Ch. 285, Sec. 123. Effective January 1, 2008.)
  62. 8574.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Particular Varieties of Fish [8140 - 8599.4] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 16. Drift Gill Net Shark and Swordfish Fishery [8561 - 8583.5] ( Article 16 added by Stats. 1982, Ch. 1078, Sec. 3. )

    Verify source ↗

    Permittees under a drift gill net shark and swordfish permit must not use or carry certain smaller-mesh drift gill nets when shark or swordfish gear is deployed.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Particular Varieties of Fish [8140 - 8599.4] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 16. Drift Gill Net Shark and Swordfish Fishery [8561 - 8583.5] ( Article 16 added by Stats. 1982, Ch. 1078, Sec. 3. ) ## 8574. (a) Drift gill nets with mesh size less than 14 inches in stretched mesh shall not be used to take shark and swordfish by permittees operating under a drift gill net shark and swordfish permit, and the permittee shall not have aboard the vessel or in the water a drift gill net with mesh size less than 14 inches and more than 8 inches in stretched mesh. (b) No permittee shall deploy a drift gill net of less than 14-inch mesh size at the time that the permittee has a shark or swordfish gill net deployed. (Amended by Stats. 1985, Ch. 1558, Sec. 3. Effective October 2, 1985.)
  63. 8575.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Particular Varieties of Fish [8140 - 8599.4] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 16. Drift Gill Net Shark and Swordfish Fishery [8561 - 8583.5] ( Article 16 added by Stats. 1982, Ch. 1078, Sec. 3. )

    Verify source ↗

    Drift gill nets used to take shark and swordfish may not be used in listed waters during specified seasonal periods.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Particular Varieties of Fish [8140 - 8599.4] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 16. Drift Gill Net Shark and Swordfish Fishery [8561 - 8583.5] ( Article 16 added by Stats. 1982, Ch. 1078, Sec. 3. ) ## 8575. Drift gill nets used to take shark and swordfish under the permit provided in this article shall not be used under the following circumstances: (a) From May 1 through July 31, within six nautical miles westerly, northerly, and easterly of the shoreline of San Miguel Island between a line extending six nautical miles west magnetically from Point Bennett and a line extending six nautical miles east magnetically from Cardwell Point and within six nautical miles westerly, northerly, and easterly of the shoreline of Santa Rosa Island between a line extending six nautical miles west magnetically from Sandy Point and a line extending six nautical miles east magnetically from Skunk Point. (b) From May 1 through July 31, within 10 nautical miles westerly, southerly, and easterly of the shoreline of San Miguel Island between a line extending 10 nautical miles west magnetically from Point Bennett and a line extending 10 nautical miles east magnetically from Cardwell Point and within 10 nautical miles westerly, southerly, and easterly of the shoreline of Santa Rosa Island between a line extending 10 nautical miles west magnetically from Sandy Point and a line extending 10 nautical miles east magnetically from Skunk Point. (c) From May 1 through July 31, within a radius of 10 nautical miles of the west end of San Nicolas Island. (d) From August 15 through September 30, in ocean waters bounded as follows: beginning at Dana Point, Orange County, in a direct line to Church Rock, Catalina Island; thence in a direct line to Point La Jolla, San Diego County; and thence northwesterly along the mainland shore to Dana Point. (e) From August 15 through September 30, in ocean waters within six nautical miles of the coastline on the northerly and easterly side of San Clemente Island, lying between a line extending six nautical miles west magnetically from the extreme northerly end of San Clemente Island to a line extending six nautical miles east magnetically from Pyramid Head. (f) From December 15 through January 31, in ocean waters within 25 nautical miles of the mainland coastline. (Amended by Stats. 1994, Ch. 439, Sec. 8. Effective January 1, 1995.)
  64. 8575.5.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Particular Varieties of Fish [8140 - 8599.4] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 16. Drift Gill Net Shark and Swordfish Fishery [8561 - 8583.5] ( Article 16 added by Stats. 1982, Ch. 1078, Sec. 3. )

    Verify source ↗

    Drift gill nets used to take shark and swordfish under the permit may not be used in certain coastal and island areas.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Particular Varieties of Fish [8140 - 8599.4] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 16. Drift Gill Net Shark and Swordfish Fishery [8561 - 8583.5] ( Article 16 added by Stats. 1982, Ch. 1078, Sec. 3. ) ## 8575.5. Drift gill nets used to take shark and swordfish under the permit provided in this article shall not be used in the following areas: (a) Within 12 nautical miles from the nearest point on the mainland shore north of a line extending due west from Point Arguello. (b) East of a line running from Point Reyes to Noonday Rock to the westernmost point of Southeast Farallon Island to Pillar Point. (Added by Stats. 1986, Ch. 671, Sec. 3.5.)
  65. 8576.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Particular Varieties of Fish [8140 - 8599.4] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 16. Drift Gill Net Shark and Swordfish Fishery [8561 - 8583.5] ( Article 16 added by Stats. 1982, Ch. 1078, Sec. 3. )

    Verify source ↗

    This section limits when drift gill nets may be used to take shark or swordfish, and sets special conditions for landing certain fish and filing a declaration.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Particular Varieties of Fish [8140 - 8599.4] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 16. Drift Gill Net Shark and Swordfish Fishery [8561 - 8583.5] ( Article 16 added by Stats. 1982, Ch. 1078, Sec. 3. ) ## 8576. (a) Drift gill nets shall not be used to take shark or swordfish from February 1 to April 30, inclusive. (b) Drift gill nets shall not be used to take shark or swordfish in ocean waters within 75 nautical miles from the mainland coastline between the westerly extension of the California-Oregon boundary line and the westerly extension of the United States-Republic of Mexico boundary line from May 1 to August 14, inclusive. (c) Subdivisions (a) and (b) apply to any drift gill net used pursuant to a permit issued under Section 8561 or 8681, except that drift gill nets with a mesh size smaller than eight inches in stretched mesh and twine size number 18, or the equivalent of this twine size, or smaller, used pursuant to a permit issued under Section 8681, may be used to take species of sharks other than thresher shark, shortfin mako shark, and white shark during the periods specified in subdivisions (a) and (b). However, during the periods of time specified in subdivisions (a) and (b), not more than two thresher sharks and two shortfin mako sharks may be possessed and sold if taken incidentally in drift gill nets while fishing for barracuda or white seabass and if at least 10 barracuda or five white seabass are possessed and landed at the same time as the incidentally taken thresher or shortfin mako shark. No thresher shark or shortfin mako shark taken pursuant to this subdivision shall be transferred to another vessel before landing the fish. Any vessel possessing thresher or shortfin mako sharks pursuant to this section shall not have any gill or trammel net aboard that is constructed with a mesh size greater than eight inches in stretched mesh and twine size greater than number 18, or the equivalent of a twine size greater than number 18. (d) Notwithstanding the closure from May 1 to August 14, inclusive, provided by subdivision (b), a permittee may land swordfish or thresher shark taken in ocean waters more than 75 nautical miles from the mainland coastline in that period if, for each landing during that closed period, the permittee signs a written declaration under penalty of perjury that the fish landed were taken more than 75 nautical miles from the mainland coastline. The declaration shall be completed and signed before arrival at any port in this state. Within 72 hours of the time of arrival, the permittee shall deliver the declaration to the department. (e) If any person is convicted of falsely swearing a declaration under subdivision (d), in addition to any other penalty prescribed by law, the following penalties shall be imposed: (1) The fish landed shall be forfeited, or, if sold, the proceeds from the sale shall be forfeited, pursuant to Sections 12159, 12160, 12161, and 12162. (2) All shark or swordfish gill nets possessed by the permittee shall be seized and forfeited pursuant to Section 8630 or 12157. (f) From August 15 of the year of issue to January 31, inclusive, of the following year, swordfish may be taken under a permit issued pursuant to this article. (Amended by Stats. 2007, Ch. 285, Sec. 124. Effective January 1, 2008.)
  66. 8576.5.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Particular Varieties of Fish [8140 - 8599.4] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 16. Drift Gill Net Shark and Swordfish Fishery [8561 - 8583.5] ( Article 16 added by Stats. 1982, Ch. 1078, Sec. 3. )

    Verify source ↗

    A thresher shark caught with drift gill nets must not have its pelvic fin cut off until after it is brought ashore.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Particular Varieties of Fish [8140 - 8599.4] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 16. Drift Gill Net Shark and Swordfish Fishery [8561 - 8583.5] ( Article 16 added by Stats. 1982, Ch. 1078, Sec. 3. ) ## 8576.5. Thresher shark taken with drift gill nets shall not have the pelvic fin severed from the carcass until after the shark is brought ashore. (Added by Stats. 1988, Ch. 589, Sec. 2.)
  67. 8577.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Particular Varieties of Fish [8140 - 8599.4] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 16. Drift Gill Net Shark and Swordfish Fishery [8561 - 8583.5] ( Article 16 added by Stats. 1982, Ch. 1078, Sec. 3. )

    Verify source ↗

    The director may close certain shark and swordfish fisheries or related fishing areas after a public hearing if needed to protect specified shark resources, and must reopen them when the closure conditions no longer exist.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Particular Varieties of Fish [8140 - 8599.4] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 16. Drift Gill Net Shark and Swordfish Fishery [8561 - 8583.5] ( Article 16 added by Stats. 1982, Ch. 1078, Sec. 3. ) ## 8577. Notwithstanding Section 8394, the director may close the drift gill net shark and swordfish fishery, the swordfish harpoon fishery, or any area where either or both fisheries are conducted, if, after a public hearing, the director determines the action is necessary to protect the swordfish or thresher shark and bonito (mako) shark resources. The director shall reopen a fishery or any fishing areas previously closed pursuant to this section if the director determines that the conditions which necessitated the closure no longer exist. (Amended by Stats. 1994, Ch. 439, Sec. 10. Effective January 1, 1995.)
  68. 8579.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Particular Varieties of Fish [8140 - 8599.4] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 16. Drift Gill Net Shark and Swordfish Fishery [8561 - 8583.5] ( Article 16 added by Stats. 1982, Ch. 1078, Sec. 3. )

    Verify source ↗

    A permittee using a drift gill net is subject to this article unless the permit has been surrendered to the department.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Particular Varieties of Fish [8140 - 8599.4] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 16. Drift Gill Net Shark and Swordfish Fishery [8561 - 8583.5] ( Article 16 added by Stats. 1982, Ch. 1078, Sec. 3. ) ## 8579. (a) A permittee shall be subject to the provisions of this article whenever the permittee is using a drift gill net, unless the permittee has surrendered his or her permit to the department. (b) A permittee may surrender his or her permit by notifying the department of his or her intentions by submitting a notarized form provided by the department and by sending or delivering his or her permit to a department office as prescribed on the form. (Amended by Stats. 2018, Ch. 844, Sec. 6. (SB 1017) Effective January 1, 2019.)
  69. 858.

    ## Fish and Game Code - FGC ## DIVISION 2. DEPARTMENT OF FISH AND WILDLIFE [700 - 1958] ( Heading of Division 2 amended by Stats. 2015, Ch. 154, Sec. 21. ) ## CHAPTER 2. Deputies, and Other Employees; County Wardens [850 - 882] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 1. State [850 - 860] ( Article 1 enacted by Stats. 1957, Ch. 456. )

    Verify source ↗

    The department must create a complaints policy and protocol, designate official warden emblems, and bar non-peace-officer personnel from wearing peace officer insignia.

    ## Fish and Game Code - FGC ## DIVISION 2. DEPARTMENT OF FISH AND WILDLIFE [700 - 1958] ( Heading of Division 2 amended by Stats. 2015, Ch. 154, Sec. 21. ) ## CHAPTER 2. Deputies, and Other Employees; County Wardens [850 - 882] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 1. State [850 - 860] ( Article 1 enacted by Stats. 1957, Ch. 456. ) ## 858. (a) The department, in cooperation with landowners and landowner organizations, shall, on or before January 1, 1995, develop a statewide policy and procedure for recording and processing landowner complaints regarding alleged misconduct by personnel of the department and a written protocol that ensures compliance with Section 857. (b) The department shall, on or before January 1, 1995, designate official fish and game warden emblems and their placement. The department shall prohibit personnel of the department who are not peace officers from wearing any patch, badge, bar, or other indicia of peace officer status. The selection and configuration of official fish and game warden emblems shall be established by the department in cooperation with California game wardens to ensure that the public is readily able to distinguish game wardens from personnel who are not peace officers. (Added by Stats. 1993, Ch. 1288, Sec. 2. Effective January 1, 1994.)
  70. 8580.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Particular Varieties of Fish [8140 - 8599.4] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 16. Drift Gill Net Shark and Swordfish Fishery [8561 - 8583.5] ( Article 16 added by Stats. 1982, Ch. 1078, Sec. 3. )

    Verify source ↗

    A permittee must not sell swordfish they took except to the persons described in Sections 8032 or 8033.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Particular Varieties of Fish [8140 - 8599.4] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 16. Drift Gill Net Shark and Swordfish Fishery [8561 - 8583.5] ( Article 16 added by Stats. 1982, Ch. 1078, Sec. 3. ) ## 8580. It is unlawful for any permittee to sell swordfish taken by him or her to other than the persons described in Section 8032 or 8033. (Amended by Stats. 1988, Ch. 246, Sec. 7.)
  71. 8581.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Particular Varieties of Fish [8140 - 8599.4] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 16. Drift Gill Net Shark and Swordfish Fishery [8561 - 8583.5] ( Article 16 added by Stats. 1982, Ch. 1078, Sec. 3. )

    Verify source ↗

    The commission may revoke or suspend certain licenses if the department requests it and there is a conviction for reporting violations involving shark or swordfish landings.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Particular Varieties of Fish [8140 - 8599.4] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 16. Drift Gill Net Shark and Swordfish Fishery [8561 - 8583.5] ( Article 16 added by Stats. 1982, Ch. 1078, Sec. 3. ) ## 8581. Any license issued pursuant to Sections 8032 to 8036, inclusive, may be revoked or suspended by the commission, when requested by the department, upon a conviction for a violation of Section 8043 for failure to report, or for inaccurately reporting, shark or swordfish landings by fishermen operating under permits issued pursuant to Section 8394 or 8561. (Amended by Stats. 1988, Ch. 246, Sec. 8.)
  72. 8582.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Particular Varieties of Fish [8140 - 8599.4] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 16. Drift Gill Net Shark and Swordfish Fishery [8561 - 8583.5] ( Article 16 added by Stats. 1982, Ch. 1078, Sec. 3. )

    Verify source ↗

    Permit holders must immediately notify the department if a marlin is caught incidentally in a drift gill net, and they may not sell, possess for sale, use personally, or remove a marlin from the boat except for delivery to the department.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Particular Varieties of Fish [8140 - 8599.4] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 16. Drift Gill Net Shark and Swordfish Fishery [8561 - 8583.5] ( Article 16 added by Stats. 1982, Ch. 1078, Sec. 3. ) ## 8582. (a) The Legislature finds and declares that the intent of this article is not to permit or encourage the taking of marlin for commercial purposes. (b) It shall be a misdemeanor for any person operating under a permit pursuant to this article to sell or possess for sale or personal use any marlin. In the event a marlin is taken incidentally in a drift gill net, the permittee shall notify the department immediately that the fish is on the boat. No marlin may be removed from the boat except for delivery to the department. (Added by Stats. 1982, Ch. 1078, Sec. 3. Effective September 15, 1982.)
  73. 8583.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Particular Varieties of Fish [8140 - 8599.4] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 16. Drift Gill Net Shark and Swordfish Fishery [8561 - 8583.5] ( Article 16 added by Stats. 1982, Ch. 1078, Sec. 3. )

    Verify source ↗

    The department must run a transition program for drift gill net permit holders, and participating permittees must give notice, surrender permits and nets, and accept limits on future fishing and permit activity.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Particular Varieties of Fish [8140 - 8599.4] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 16. Drift Gill Net Shark and Swordfish Fishery [8561 - 8583.5] ( Article 16 added by Stats. 1982, Ch. 1078, Sec. 3. ) ## 8583. (a) By March 31, 2020, the department shall establish a program to transition the holders of drift gill net permits issued pursuant to Section 8561 out of the drift gill net fishery that includes the following conditions: (1) A permittee who chooses to participate in the transition program shall indicate the permittee’s intention to the department to participate by submitting a notarized form provided by the department on or before January 1, 2020. (2) A permittee who has landed swordfish or thresher shark with a shark or swordfish gill net or with a deep-set buoy gear authorized pursuant to a federal exempted fishing permit between April 1, 2012, and March 31, 2018, inclusive, and who voluntarily surrenders the permittee’s drift gill net permit issued pursuant to Section 8561 and shark or swordfish gill net or nets shall receive, to the extent that funds for the transition program are available, the following amounts: (A) Ten thousand dollars ($10,000) to surrender the permit. (B) One hundred thousand dollars ($100,000) to surrender the net or nets. (3) A permittee who has not landed swordfish or thresher shark on or after April 1, 2012, and who voluntarily surrenders the permittee’s drift gill net permit issued pursuant to Section 8561 and shark or swordfish gill net or nets shall receive, to the extent that funds for the transition program are available, ten thousand dollars ($10,000). (4) The department shall inform a permittee who submits a notarized form pursuant to paragraph (1) whether the permittee meets the requirements of paragraph (2) or (3) and the department shall submit this information to the fiscal agent. (5) Any permittee who participates in the transition program by surrendering the permittee’s permit pursuant to paragraph (2) or (3) shall be prohibited from obtaining a new California drift gill net shark and swordfish permit, shall agree not to fish under a federal drift gill net permit, shall agree not to transfer or renew a federal drift gill net permit, and shall surrender the permittee’s shark or swordfish gill net or nets to an entity approved by the department for the purpose of destroying the nets. (b) (1) The department shall enter into an agreement with a fiscal agent for the fiscal agent to receive state and nonstate funds made available for purposes of the transition program, to put those funds in an escrow account, and, upon the receipt of adequate funds, to pay the applicable amount described in subdivision (a) to a participating permittee. As part of the agreement, the department shall require the fiscal agent to notify the department within 10 days of the receipt of one million dollars ($1,000,000) from nonstate sources for purposes of transitioning permittees out of the drift gill net fishery. If the department enters into an agreement with a fiscal agent that is a state entity pursuant to this subdivision, notwithstanding Section 13340 of the Government Code, any funds received from nonstate sources are continuously appropriated to that state entity for purposes of the transition program without regard to fiscal years. (2) The department shall notify the Legislature pursuant to Section 9795 of the Government Code within 10 days of the date that the fiscal agent receives one million dollars ($1,000,000) from nonstate sources for purposes of the transition program and secures one million dollars ($1,000,000) through an agreement with the Ocean Protection Council pursuant to Section 35651 of the Public Resources Code. (3) For purposes of this section, “fiscal agent” includes any of the following: (A) The Department of Finance. (B) The Pacific States Marine Fisheries Commission. (C) The Controller. (D) Any appropriate state or federal agency. (Amended by Stats. 2019, Ch. 497, Sec. 119. (AB 991) Effective January 1, 2020.)
  74. 8583.5.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Particular Varieties of Fish [8140 - 8599.4] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 16. Drift Gill Net Shark and Swordfish Fishery [8561 - 8583.5] ( Article 16 added by Stats. 1982, Ch. 1078, Sec. 3. )

    Verify source ↗

    This section says it does not create or recognize a property right in fish expected to be caught under a permit issued under Section 8561.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Particular Varieties of Fish [8140 - 8599.4] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 16. Drift Gill Net Shark and Swordfish Fishery [8561 - 8583.5] ( Article 16 added by Stats. 1982, Ch. 1078, Sec. 3. ) ## 8583.5. This article does not create or recognize a property right in fish expected to be caught using a permit issued pursuant to Section 8561. (Added by Stats. 2018, Ch. 844, Sec. 8. (SB 1017) Effective January 1, 2019.)
  75. 8585.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Particular Varieties of Fish [8140 - 8599.4] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 17. Nearshore Fisheries Management Act [8585 - 8589.7] ( Article 17 added by Stats. 1998, Ch. 1052, Sec. 14. )

    Verify source ↗

    This section says Article 17 is called the Nearshore Fisheries Management Act and may be cited by that name.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Particular Varieties of Fish [8140 - 8599.4] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 17. Nearshore Fisheries Management Act [8585 - 8589.7] ( Article 17 added by Stats. 1998, Ch. 1052, Sec. 14. ) ## 8585. This article shall be known and may be cited as the Nearshore Fisheries Management Act. (Added by Stats. 1998, Ch. 1052, Sec. 14. Effective January 1, 1999.)
  76. 8585.5.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Particular Varieties of Fish [8140 - 8599.4] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 17. Nearshore Fisheries Management Act [8585 - 8589.7] ( Article 17 added by Stats. 1998, Ch. 1052, Sec. 14. )

    Verify source ↗

    The provision says the Legislature wants sustainable nearshore fisheries and grants the commission added authority to regulate commercial and recreational fisheries.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Particular Varieties of Fish [8140 - 8599.4] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 17. Nearshore Fisheries Management Act [8585 - 8589.7] ( Article 17 added by Stats. 1998, Ch. 1052, Sec. 14. ) ## 8585.5. The Legislature finds and declares that important commercial and recreational fisheries exist on numerous stocks of rockfish (genus Sebastes), California sheephead (genus Semicossyphus), kelp greenling (genus Hexagrammos), cabezon (genus Scorpaenichthys), and scorpionfish (genus Scorpaena), in the nearshore state waters extending from the shore to one nautical mile offshore the California coast, that there is increasing pressure being placed on these fish from recreational and commercial fisheries, that many of these fish species found in the nearshore waters are slow growing and long lived, and that, if depleted, many of these species may take decades to rebuild. The Legislature further finds and declares that, although extensive research has been conducted on some of these species by state and federal governments, there are many gaps in the information on these species and their habitats and that there is no program currently adequate for the systematic research, conservation, and management of nearshore fish stocks and the sustainable activity of recreational and commercial nearshore fisheries. The Legislature further finds and declares that recreational fishing in California generates funds pursuant to the Federal Aid in Sport Fish Restoration Act (16 U.S.C. Secs. 777 to 777l, inclusive), with revenues used for, among other things, research, conservation, and management of nearshore fish. The Legislature further finds and declares that a program for research and conservation of nearshore fish species and their habitats is needed, and that a management program for the nearshore fisheries is necessary. The Legislature further finds and declares that the commission should be granted additional authority to regulate the commercial and recreational fisheries to assure the sustainable populations of nearshore fish stocks. Lastly, the Legislature finds and declares that, whenever feasible and practicable, it is the policy of the state to assure sustainable commercial and recreational nearshore fisheries, to protect recreational opportunities, and to assure long-term employment in commercial and recreational fisheries. (Amended by Stats. 1999, Ch. 483, Sec. 22. Effective January 1, 2000.)
  77. 8586.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Particular Varieties of Fish [8140 - 8599.4] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 17. Nearshore Fisheries Management Act [8585 - 8589.7] ( Article 17 added by Stats. 1998, Ch. 1052, Sec. 14. )

    Verify source ↗

    This section defines “nearshore fish stocks,” “nearshore fisheries,” and “nearshore waters” for this article.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Particular Varieties of Fish [8140 - 8599.4] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 17. Nearshore Fisheries Management Act [8585 - 8589.7] ( Article 17 added by Stats. 1998, Ch. 1052, Sec. 14. ) ## 8586. The following definitions govern the construction of this article: (a) “Nearshore fish stocks” means any of the following: rockfish (genus Sebastes) for which size limits are established under this article, California sheephead (Semicossyphus pulcher), greenlings of the genus Hexagrammos, cabezon (Scorpaenichthys marmoratus), scorpionfish (Scorpaena guttata), and may include other species of finfish found primarily in rocky reef or kelp habitat in nearshore waters. (b) “Nearshore fisheries” means the commercial or recreational take or landing of any species of nearshore finfish stocks. (c) “Nearshore waters” means the ocean waters of the state extending from the shore to one nautical mile from land, including one nautical mile around offshore rocks and islands. (Amended by Stats. 1999, Ch. 483, Sec. 22.3. Effective January 1, 2000.)
  78. 8586.1.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Particular Varieties of Fish [8140 - 8599.4] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 17. Nearshore Fisheries Management Act [8585 - 8589.7] ( Article 17 added by Stats. 1998, Ch. 1052, Sec. 14. )

    Verify source ↗

    Funding for this article must come from specified Fish and Game Preservation Fund revenues and other appropriated funds.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Particular Varieties of Fish [8140 - 8599.4] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 17. Nearshore Fisheries Management Act [8585 - 8589.7] ( Article 17 added by Stats. 1998, Ch. 1052, Sec. 14. ) ## 8586.1. Funding to pay the costs of this article shall be made available from the revenues deposited in the Fish and Game Preservation Fund pursuant to Sections 8587, 8589.5, and 8589.7, and other funds appropriated for these purposes. (Added by Stats. 1998, Ch. 1052, Sec. 14. Effective January 1, 1999.)
  79. 8587.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Particular Varieties of Fish [8140 - 8599.4] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 17. Nearshore Fisheries Management Act [8585 - 8589.7] ( Article 17 added by Stats. 1998, Ch. 1052, Sec. 14. )

    Verify source ↗

    Commercial nearshore fishing activity requires a valid nearshore fishery permit, with a boat-use exception for at least one person aboard.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Particular Varieties of Fish [8140 - 8599.4] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 17. Nearshore Fisheries Management Act [8585 - 8589.7] ( Article 17 added by Stats. 1998, Ch. 1052, Sec. 14. ) ## 8587. Any person taking, possessing aboard a boat, or landing any species of nearshore fish stock for commercial purposes shall possess a valid nearshore fishery permit issued to that person that has not been suspended or revoked, except that when using a boat to take nearshore fish stocks at least one person aboard the boat shall have a valid nearshore fishery permit. Nearshore fishing permits are revocable. The fee for a nearshore fishing permit is one hundred and twenty five dollars ($125). (Amended by Stats. 1999, Ch. 483, Sec. 22.5. Effective January 1, 2000.)
  80. 8587.1.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Particular Varieties of Fish [8140 - 8599.4] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 17. Nearshore Fisheries Management Act [8585 - 8589.7] ( Article 17 added by Stats. 1998, Ch. 1052, Sec. 14. )

    Verify source ↗

    The commission may adopt regulations for nearshore fish stocks and fisheries, including permit, logbook, fee, gear, catch, species, and size limits.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Particular Varieties of Fish [8140 - 8599.4] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 17. Nearshore Fisheries Management Act [8585 - 8589.7] ( Article 17 added by Stats. 1998, Ch. 1052, Sec. 14. ) ## 8587.1. (a) The commission may adopt regulations as it determines necessary, based on the advice and recommendations of the department, to regulate nearshore fish stocks and fisheries. Regulations adopted by the commission pursuant to this section may include, but are not limited to, requiring submittal of landing and permit information, including logbooks; establishing a restricted access program; establishing permit fees; and establishing limitations on the fishery based on time, area, type, and amount of gear, and amount of catch, species, and size of fish. (b) Regulations adopted by the commission pursuant to this section may make inoperative any fishery management statute relevant to the nearshore fishery. Any regulation adopted by the commission pursuant to this subdivision shall specify the particular statute to be made inoperative. (c) The circumstances, restrictions, and requirements of Section 219 do not apply to regulations adopted pursuant to this section. (d) Any regulations adopted pursuant to this section shall be adopted following consultation with fishery participants and other interested persons consistent with Section 7059. (Amended by Stats. 2002, Ch. 559, Sec. 10. Effective January 1, 2003.)
  81. 8589.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Particular Varieties of Fish [8140 - 8599.4] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 17. Nearshore Fisheries Management Act [8585 - 8589.7] ( Article 17 added by Stats. 1998, Ch. 1052, Sec. 14. )

    Verify source ↗

    Funding for the plan and related planning meetings must come from the Fish and Game Preservation Fund and other appropriated funds.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Particular Varieties of Fish [8140 - 8599.4] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 17. Nearshore Fisheries Management Act [8585 - 8589.7] ( Article 17 added by Stats. 1998, Ch. 1052, Sec. 14. ) ## 8589. Funding to prepare the plan pursuant to subdivision (d) of Section 7072 and any planning and scoping meetings shall be derived from moneys deposited in the Fish and Game Preservation Fund pursuant to Section 8587 and other funds appropriated for these purposes. (Added by Stats. 1998, Ch. 1052, Sec. 14. Effective January 1, 1999.)
  82. 8589.5.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Particular Varieties of Fish [8140 - 8599.4] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 17. Nearshore Fisheries Management Act [8585 - 8589.7] ( Article 17 added by Stats. 1998, Ch. 1052, Sec. 14. )

    Verify source ↗

    The commission must temporarily suspend, and may permanently revoke, the nearshore fishing permit of a person convicted of violating this article.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Particular Varieties of Fish [8140 - 8599.4] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 17. Nearshore Fisheries Management Act [8585 - 8589.7] ( Article 17 added by Stats. 1998, Ch. 1052, Sec. 14. ) ## 8589.5. The commission shall temporarily suspend and may permanently revoke the nearshore fishing permit of any person convicted of a violation of this article. In addition to, or in lieu of, a license or permit suspension or revocation, the commission may adopt and apply a schedule of fines for convictions of violations of this article. (Added by Stats. 1998, Ch. 1052, Sec. 14. Effective January 1, 1999.)
  83. 8589.7.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Particular Varieties of Fish [8140 - 8599.4] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 17. Nearshore Fisheries Management Act [8585 - 8589.7] ( Article 17 added by Stats. 1998, Ch. 1052, Sec. 14. )

    Verify source ↗

    The department must deposit certain fees into the Fish and Game Preservation Fund and use them for nearshore fisheries management purposes, while the commission must require an annual accounting.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Particular Varieties of Fish [8140 - 8599.4] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 17. Nearshore Fisheries Management Act [8585 - 8589.7] ( Article 17 added by Stats. 1998, Ch. 1052, Sec. 14. ) ## 8589.7. (a) Fees received by the department pursuant to Section 8587 shall be deposited in the Fish and Game Preservation Fund to be used by the department to prepare, develop, and implement the nearshore fisheries management plan and for the following purposes: (1) For research and management of nearshore fish stocks and nearshore habitat. For the purposes of this section, “research” includes, but is not limited to, investigation, experimentation, monitoring, and analysis and “management” means establishing and maintaining a sustainable utilization. (2) For supplementary funding of allocations for the enforcement of statutes and regulations applicable to nearshore fish stocks, including, but not limited to, the acquisition of special equipment and the production and dissemination of printed materials, such as pamphlets, booklets, and posters aimed at compliance with nearshore fishing regulations. (3) For the direction of volunteer groups assisting with nearshore fish stocks and nearshore habitat management, for presentations of related matters at scientific conferences and educational institutions, and for publication of related material. (b) The department shall maintain internal accounts that ensure that the fees received pursuant to Section 8587 are disbursed for the purposes stated in subdivision (a). (c) The commission shall require an annual accounting from the department on the deposits into, and expenditures from, the Fish and Game Preservation Fund, as related to the revenues generated pursuant to Section 8587. Notwithstanding Section 7550.5 of the Government Code, a copy of the accounting shall be provided to the Legislature for review by the Joint Committee on Fisheries and Aquaculture, and if that committee is not in existence at the time, by the appropriate policy committee in each house of the Legislature. (d) Unencumbered fees collected pursuant to Section 8587 during any previous calendar year shall remain in the fund and expended for the purposes of subdivision (a). All interest and other earnings on the fees received pursuant to Section 8587 shall be deposited in the fund and shall be used for the purposes of subdivision (a). (Added by Stats. 1998, Ch. 1052, Sec. 14. Effective January 1, 1999.)
  84. 859.

    ## Fish and Game Code - FGC ## DIVISION 2. DEPARTMENT OF FISH AND WILDLIFE [700 - 1958] ( Heading of Division 2 amended by Stats. 2015, Ch. 154, Sec. 21. ) ## CHAPTER 2. Deputies, and Other Employees; County Wardens [850 - 882] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 1. State [850 - 860] ( Article 1 enacted by Stats. 1957, Ch. 456. )

    Verify source ↗

    The department may seek and accept grants and donations for the K9 Program, but one-time donations over $15,000 need Department of Finance approval.

    ## Fish and Game Code - FGC ## DIVISION 2. DEPARTMENT OF FISH AND WILDLIFE [700 - 1958] ( Heading of Division 2 amended by Stats. 2015, Ch. 154, Sec. 21. ) ## CHAPTER 2. Deputies, and Other Employees; County Wardens [850 - 882] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 1. State [850 - 860] ( Article 1 enacted by Stats. 1957, Ch. 456. ) ## 859. Notwithstanding Section 11005 of the Government Code, the department may seek and accept grants and donations from private and public organizations and agencies for the purpose of administering the Canine (K9) Program. The acceptance of one-time donations valued over fifteen thousand dollars ($15,000) shall require approval of the Department of Finance. (Added by Stats. 2009, Ch. 294, Sec. 3. (AB 1442) Effective January 1, 2010.)
  85. 8590.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Particular Varieties of Fish [8140 - 8599.4] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 18. Prawns and Shrimp [8590 - 8595] ( Article 18 added by Stats. 1984, Ch. 1271, Sec. 18. )

    Verify source ↗

    This provision defines “prawns” and “shrimp” for this article to include six named species.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Particular Varieties of Fish [8140 - 8599.4] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 18. Prawns and Shrimp [8590 - 8595] ( Article 18 added by Stats. 1984, Ch. 1271, Sec. 18. ) ## 8590. For the purposes of this article, “prawns” or “shrimp”, or both, include all of the following species: (a) Spot prawn (Pandalus platyceros). (b) Ridgeback prawn (Sicyonia ingentis). (c) Coonstrip prawn (Pandalus danae). (d) Pacific ocean shrimp (Pandalus jordani). (e) Bay shrimp (Crangon franciscorum and Crago sp.). (f) Red rock shrimp (Lysmata californica). (Amended by Stats. 1985, Ch. 1442, Sec. 6.)
  86. 8591.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Particular Varieties of Fish [8140 - 8599.4] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 18. Prawns and Shrimp [8590 - 8595] ( Article 18 added by Stats. 1984, Ch. 1271, Sec. 18. )

    Verify source ↗

    Prawns or shrimp may be taken for commercial purposes if done under the commission’s regulations.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Particular Varieties of Fish [8140 - 8599.4] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 18. Prawns and Shrimp [8590 - 8595] ( Article 18 added by Stats. 1984, Ch. 1271, Sec. 18. ) ## 8591. Prawns or shrimp may be taken for commercial purposes under the regulations of the commission. (Added by Stats. 1984, Ch. 1271, Sec. 18.)
  87. 8593.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Particular Varieties of Fish [8140 - 8599.4] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 18. Prawns and Shrimp [8590 - 8595] ( Article 18 added by Stats. 1984, Ch. 1271, Sec. 18. )

    Verify source ↗

    Prawns or shrimp may be taken in any waters of the state, except as provided in this article.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Particular Varieties of Fish [8140 - 8599.4] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 18. Prawns and Shrimp [8590 - 8595] ( Article 18 added by Stats. 1984, Ch. 1271, Sec. 18. ) ## 8593. Except as provided in this article, prawns or shrimp may be taken in any waters of the state. (Added by Stats. 1984, Ch. 1271, Sec. 18.)
  88. 8594.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Particular Varieties of Fish [8140 - 8599.4] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 18. Prawns and Shrimp [8590 - 8595] ( Article 18 added by Stats. 1984, Ch. 1271, Sec. 18. )

    Verify source ↗

    In the area from Point Conception south to the Mexican border, prawns or shrimp may be taken with prawn or shrimp traps only in waters at least 50 fathoms deep.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Particular Varieties of Fish [8140 - 8599.4] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 18. Prawns and Shrimp [8590 - 8595] ( Article 18 added by Stats. 1984, Ch. 1271, Sec. 18. ) ## 8594. From Point Conception south to the Mexican border, prawns or shrimp may be taken with prawn or shrimp traps only in waters 50 fathoms or greater in depth. (Amended by Stats. 1994, Ch. 935, Sec. 12. Effective January 1, 1995.)
  89. 8595.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Particular Varieties of Fish [8140 - 8599.4] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 18. Prawns and Shrimp [8590 - 8595] ( Article 18 added by Stats. 1984, Ch. 1271, Sec. 18. )

    Verify source ↗

    Prawns or shrimp may be taken commercially with a trawl net, or in a prawn trap or shrimp trap, subject to the cited articles. No other species may be taken in those traps, and any incidental catch must be released immediately.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Particular Varieties of Fish [8140 - 8599.4] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 18. Prawns and Shrimp [8590 - 8595] ( Article 18 added by Stats. 1984, Ch. 1271, Sec. 18. ) ## 8595. (a) Prawns or shrimp may be taken for commercial purposes with a trawl net, subject to Article 10 (commencing with Section 8830) of Chapter 3, or in either a prawn trap or a shrimp trap, subject to Article 1 (commencing with Section 9000) of Chapter 4. (b) No other species shall be taken in a prawn trap or a shrimp trap. Any other species taken incidentally with a prawn trap or a shrimp trap shall be immediately released. (Amended by Stats. 1985, Ch. 1442, Sec. 7.)
  90. 8596.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Particular Varieties of Fish [8140 - 8599.4] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 19. Marine Aquaria Pets [8596 - 8598.6] ( Article 19 added by Stats. 1992, Ch. 742, Sec. 14. )

    Verify source ↗

    This section defines “marine aquaria pet trade” and “drop net” for this article.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Particular Varieties of Fish [8140 - 8599.4] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 19. Marine Aquaria Pets [8596 - 8598.6] ( Article 19 added by Stats. 1992, Ch. 742, Sec. 14. ) ## 8596. The following definitions govern the construction of this article: (a) “Marine aquaria pet trade” means any activities connected with collecting, holding, selling, and displaying live aquatic marine life for pet, hobby, curio, or display purposes. “Marine aquaria pet trade” does not include activities connected with collecting, holding, selling, or displaying live aquatic marine life by, or for, scientific institutions exempted from permits pursuant to subdivision (e) of Section 2150. (b) “Drop net” means a small, circular net with weights attached along the perimeter and with a single float attached at the center. A drop net is not more than 48 inches in its greatest diameter. (Added by Stats. 1992, Ch. 742, Sec. 14. Effective January 1, 1993.)
  91. 8597.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Particular Varieties of Fish [8140 - 8599.4] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 19. Marine Aquaria Pets [8596 - 8598.6] ( Article 19 added by Stats. 1992, Ch. 742, Sec. 14. )

    Verify source ↗

    This section bans taking, carrying aboard a boat, or landing certain live marine organisms for the marine aquaria pet trade unless the person has a valid, unsuspended marine aquaria collector’s permit.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Particular Varieties of Fish [8140 - 8599.4] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 19. Marine Aquaria Pets [8596 - 8598.6] ( Article 19 added by Stats. 1992, Ch. 742, Sec. 14. ) ## 8597. (a) It is unlawful for any person to take, possess aboard a boat, or land for marine aquaria pet trade purposes any live organisms identified in subdivision (b), unless that person has a valid marine aquaria collector’s permit that has not been suspended or revoked. At least one person aboard the boat shall have a valid marine aquaria collector permit. (b) Except as provided in Section 8598.2, and unless otherwise prohibited in this code, or regulations made pursuant thereto, specimens of the following groups or species may be taken, possessed aboard a boat, or landed under a marine aquaria collector’s permit: (1) Marine plants: (A) Chlorophyta. (B) Phaeophyta. (C) Rhodophyta. (D) Spermatophyta, all species. (2) Invertebrates: (A) Polychaeta—worms; all species. (B) Crustacea—shrimp, crabs; all species, except the following: (i) Dungeness crab—Cancer magister. (ii) Yellow crab—Cancer anthonyi. (iii) Red crab—Cancer productus. (iv) Sheep crab—Loxorhynchus grandis. (v) Spot prawn—Pandalus platyceros. (vi) Ridgeback prawn—Sicyonia ingentis. (vii) Golden prawn—Penaeus californiensis. (viii) Sand crab—Emerita analoga. (ix) Redrock shrimp—Lysmata californica. (x) Bay shrimp—Crangon sp. and Palaemon macrodactylus. (xi) Ghost shrimp—Callianassa sp. (C) Asteroidea—Sea stars; all species. (D) Ophiuroidea—Brittle stars; all species. (E) Gastropoda—snails, limpets, sea slugs; all species, except Kellet’s whelk—Kelletia kelleti. (F) Bivalvia—clams and mussels; all species. (G) Polyplacophora—Chitons; all species. (H) Cephalopoda—Octopuses and squids; all species, except two spot octopuses—Octopus bimaculatus and Octopus maculoides—and market squid—Loligo opalescens. (I) Tunicata—Sea squirts; all species. (3) Vertebrates: (A) Osteichthyes—Finfishes; all species, except the following: (i) Rockfish—Sebastes sp. larger than six inches total length. (ii) Sheephead—Semicossyphus pulcher larger than six inches total length. (iii) Anchovy—Engraulis mordax. (iv) Sardine—Sardinops sagax. (v) Pacific/chub mackerel—Scomber japonicus. (vi) Jack mackerel—Trachurus symmetricus. (vii) Queenfish—Seriphus politus. (viii) White Croaker—Genyonemus lineatus. (ix) Top smelt—Atherinops affinis. (x) Grunion—Leuresthes tenuis. (xi) Shiner surf perch—Cymatogaster aggregata. (xii) Longjawed mudsucker—Gillichthys mirabilis. (B) Chondrichthyes—sharks, rays, and skates; all species less than 18 inches total length, except that leopard shark (Triakis semifasciata) shall be 36 inches or larger in total length. (c) The holder of a permit issued pursuant to this section is not required to obtain or possess a kelp harvester’s license issued pursuant to Section 6651, a tidal invertebrate permit issued pursuant to Section 8500, or a general trap permit issued pursuant to Article 1 (commencing with Section 9000) of Chapter 4, when taking, possessing, or landing live organisms for marine aquaria pet trade purposes pursuant to subdivision (b), subject to regulations governing the taking of tidal invertebrates. The commission shall adopt regulations to implement this subdivision, and, for that purpose, may incorporate other regulations by reference. (Amended by Stats. 2007, Ch. 285, Sec. 125. Effective January 1, 2008.)
  92. 8598.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Particular Varieties of Fish [8140 - 8599.4] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 19. Marine Aquaria Pets [8596 - 8598.6] ( Article 19 added by Stats. 1992, Ch. 742, Sec. 14. )

    Verify source ↗

    This section bans taking, possessing aboard a boat, or landing listed marine species for commercial purposes, and also restricts marine aquaria pet trade activities in certain areas.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Particular Varieties of Fish [8140 - 8599.4] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 19. Marine Aquaria Pets [8596 - 8598.6] ( Article 19 added by Stats. 1992, Ch. 742, Sec. 14. ) ## 8598. (a) Notwithstanding Section 8140 or subdivision (b) of Section 8597, specimens of the following groups or species shall not be taken, possessed aboard a boat, or landed for commercial purposes. Taking, possessing, or landing of any of the following species in a commercial operation is prima facie evidence that it was taken, possessed, or landed for commercial purposes: (1) Invertebrates: (A) Phylum Porifera—all sponges. (B) Genus Pelagia sp.—jellyfish. (C) Coelenterata—corals, anemones; all species. (D) Order Gorgonacea—all gorgonians. (E) Order Pennatulacea—all species, except Renilla kollikeri. (F) Feather-duster worm—Eudistylia polymorpha. (G) Fiddler crab—Uca crenulata. (H) Umbrella crab—Cryptolithodes sitchensis. (I) Stalked or goose barnacles—Pollicipes sp. (J) Giant acorn barnacle—Balanus nubilus or B. aguila. (K) Owl limpet—Lottia gigantea. (L) Coffee bean shells—Trivia sp. (M) Three-winged murex—Pteropurpura trialata. (N) Vidler’s simnia—Simnia vidleri. (O) Queen tegula—Tegula regina. (P) Opisthobranchia (including nudibranchs)—all subclass Opisthobranchia species except: (i) Sea hares—Aplysia californica and Aplysia vaccaria. (ii) Hermissenda crassicornis. (iii) Lion’s mouth—Melibe leonina. (iv) Aeolidia papillosa. (v) Spanish shawl—Flabellina iodinea. (2) Vertebrates: (A) All shark and ray eggcases. (B) Brown smoothhound sharks—Mustelus hinlei—that are less than 18 inches in a whole condition or dressed with head and tail removed. (C) Family Agonidae—all poachers. (D) Wolf-eel—Anarrhichthys ocellatus. (E) Juvenile sheephead—Semicossyphus pulcher (under six inches). (F) Garibaldi—Hypsypops rubicundus. (3) Live rocks. (A) Rocks with living organisms attached, commonly called “live rocks,” shall not be taken or possessed except as provided in subparagraph (C). (B) Rocks shall not be broken to take marine aquaria species, and any rock displaced to access any of those species shall be returned to its original position. (C) Rocks cultured under the authority of an aquaculture registration may be possessed. (b) No organisms may be taken, possessed, or landed for marine aquaria pet trade purposes under the terms of a marine aquaria collector’s permit in any of the following areas: (1) On the north side of Santa Catalina Island from a line extending three nautical miles 90 degrees true from Church Rock to a line extending three nautical miles 270 degrees true from the extreme west end of the island. (2) On the south or “back” side of Santa Catalina Island from a line extending three nautical miles 90 degrees true from Church Rock to a line extending three nautical miles 270 degrees true from the extreme west end of the island. (3) Marine life refuges, marine reserves, ecological reserves, and state reserves. (Amended by Stats. 2007, Ch. 285, Sec. 126. Effective January 1, 2008.)
  93. 8598.2.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Particular Varieties of Fish [8140 - 8599.4] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 19. Marine Aquaria Pets [8596 - 8598.6] ( Article 19 added by Stats. 1992, Ch. 742, Sec. 14. )

    Verify source ↗

    People taking or possessing marine organisms for the marine aquaria industry may only use the listed capture methods, and they must not use or possess chemical anesthetics, poisons, or irritants.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Particular Varieties of Fish [8140 - 8599.4] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 19. Marine Aquaria Pets [8596 - 8598.6] ( Article 19 added by Stats. 1992, Ch. 742, Sec. 14. ) ## 8598.2. (a) Marine organisms identified in subdivision (a) of Section 8597 shall not be taken except by the following methods: (1) Hook and line. (2) Drop net. (3) Dip Net. (4) Trap. (5) Hand. (6) Slurp gun. (7) Spatula. (b) Chemical anesthetics, poisons, or irritants shall not be used or possessed by any person taking or possessing fish, plants, or other marine organisms for the marine aquaria industry. For the purposes of this section, chemicals commonly used aboard vessels for insect and rodent control may be possessed if no means of delivering those chemicals, including, but not limited to, squirt bottles, used to target those marine organisms is possessed. (c) Appliances shall be used so that rocks or other mineral matter, aquatic plants, fish, or other aquatic life not listed in subdivision (b) of Section 8597 are not removed from the bottom or otherwise disturbed. (Added by Stats. 1992, Ch. 742, Sec. 14. Effective January 1, 1993.)
  94. 8598.3.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Particular Varieties of Fish [8140 - 8599.4] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 19. Marine Aquaria Pets [8596 - 8598.6] ( Article 19 added by Stats. 1992, Ch. 742, Sec. 14. )

    Verify source ↗

    A marine aquaria collector’s permit fee is $330, and a person using that permit must not take, possess aboard a boat, or land species covered by a scientific collector’s permit on the same fishing trip.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Particular Varieties of Fish [8140 - 8599.4] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 19. Marine Aquaria Pets [8596 - 8598.6] ( Article 19 added by Stats. 1992, Ch. 742, Sec. 14. ) ## 8598.3. (a) The fee for a marine aquaria collector’s permit shall be three hundred thirty dollars ($330). (b) A person engaged in taking, possessing, or landing marine species under a marine aquaria collector’s permit shall not take, possess aboard a boat, or land any species under the authority of a scientific collector’s permit issued pursuant to Section 1002, 5515, or 10660 on the same fishing trip. (c) The commission shall adjust the amount of the fees specified in subdivision (a) as necessary, to fully recover, but not exceed, all reasonable administrative and implementation costs of the department and the commission relating to those licenses. (Amended by Stats. 2012, Ch. 559, Sec. 24. (AB 2402) Effective January 1, 2013.)
  95. 8598.4.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Particular Varieties of Fish [8140 - 8599.4] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 19. Marine Aquaria Pets [8596 - 8598.6] ( Article 19 added by Stats. 1992, Ch. 742, Sec. 14. )

    Verify source ↗

    The director may close part of the fishery or nearby fishing areas to protect listed organisms or their environment, and must reopen them once the closure conditions no longer exist.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Particular Varieties of Fish [8140 - 8599.4] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 19. Marine Aquaria Pets [8596 - 8598.6] ( Article 19 added by Stats. 1992, Ch. 742, Sec. 14. ) ## 8598.4. Notwithstanding any other provision of this code, the director may close any portion of the fishery established under this article or any area in which this fishery is conducted, if, upon written finding, the director determines the action is necessary to protect any organisms listed in subdivision (a) of Section 8597 or the environment in which those organisms are located. The director shall reopen a fishery or any fishing areas previously closed pursuant to this section if the director determines that the conditions which necessitated the closure no longer exist. (Added by Stats. 1992, Ch. 742, Sec. 14. Effective January 1, 1993.)
  96. 8598.6.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Particular Varieties of Fish [8140 - 8599.4] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 19. Marine Aquaria Pets [8596 - 8598.6] ( Article 19 added by Stats. 1992, Ch. 742, Sec. 14. )

    Verify source ↗

    A violation of this article or regulations adopted under it is punishable by a fine of $2,000 to $5,000, despite Section 12000.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Particular Varieties of Fish [8140 - 8599.4] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 19. Marine Aquaria Pets [8596 - 8598.6] ( Article 19 added by Stats. 1992, Ch. 742, Sec. 14. ) ## 8598.6. Notwithstanding Section 12000, a violation of this article or any regulation adopted thereunder is punishable by a fine of not less than two thousand dollars ($2,000) or more than five thousand dollars ($5,000). (Added by Stats. 1992, Ch. 742, Sec. 14. Effective January 1, 1993.)
  97. 8599.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Particular Varieties of Fish [8140 - 8599.4] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 20. White Sharks and Basking Sharks [8599 - 8599.4] ( Heading of Article 20 amended by Stats. 1999, Ch. 483, Sec. 24. )

    Verify source ↗

    This section prohibits taking white sharks for commercial purposes, except under specified permits, and allows limited incidental taking by certain commercial fishing operations.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Particular Varieties of Fish [8140 - 8599.4] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 20. White Sharks and Basking Sharks [8599 - 8599.4] ( Heading of Article 20 amended by Stats. 1999, Ch. 483, Sec. 24. ) ## 8599. (a) It is unlawful to take any white shark (Carcharodon carcharias) for commercial purposes, except under permits issued pursuant to Section 1002 for scientific or educational purposes or pursuant to subdivision (b) for scientific or live display purposes. (b) Notwithstanding subdivision (a), white sharks may be taken incidentally by commercial fishing operations using set gill nets, drift gill nets, or roundhaul nets. White shark taken pursuant to this subdivision shall not have the pelvic fin severed from the carcass until after the white shark is brought ashore. White shark taken pursuant to this subdivision, if landed alive, may be sold for scientific or live display purposes. (c) Any white shark killed or injured by any person in self-defense may not be landed. (Added by Stats. 1993, Ch. 1174, Sec. 3. Effective January 1, 1994.)
  98. 8599.3.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Particular Varieties of Fish [8140 - 8599.4] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 20. White Sharks and Basking Sharks [8599 - 8599.4] ( Heading of Article 20 amended by Stats. 1999, Ch. 483, Sec. 24. )

    Verify source ↗

    The department must cooperate, as feasible, with appropriate scientific institutions to help collect data on white sharks taken incidentally by commercial fishing operations.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Particular Varieties of Fish [8140 - 8599.4] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 20. White Sharks and Basking Sharks [8599 - 8599.4] ( Heading of Article 20 amended by Stats. 1999, Ch. 483, Sec. 24. ) ## 8599.3. The department shall cooperate, to the extent that it determines feasible, with appropriate scientific institutions to facilitate data collection on white sharks taken incidentally by commercial fishing operations. (Added by Stats. 1993, Ch. 1174, Sec. 3. Effective January 1, 1994.)
  99. 8599.4.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Particular Varieties of Fish [8140 - 8599.4] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 20. White Sharks and Basking Sharks [8599 - 8599.4] ( Heading of Article 20 amended by Stats. 1999, Ch. 483, Sec. 24. )

    Verify source ↗

    The commission may adopt regulations to manage basking sharks.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Particular Varieties of Fish [8140 - 8599.4] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 20. White Sharks and Basking Sharks [8599 - 8599.4] ( Heading of Article 20 amended by Stats. 1999, Ch. 483, Sec. 24. ) ## 8599.4. The commission may adopt regulations to manage basking sharks. A basking shark may not be taken commercially unless the commission adopts regulations for that activity and the taking is in accordance with those regulations. (Added by Stats. 1999, Ch. 483, Sec. 25. Effective January 1, 2000.)
  100. 86.

    ## Fish and Game Code - FGC ## DIVISION 0.5. GENERAL PROVISIONS AND DEFINITIONS [1 - 99.5] ( Division 0.5 heading added by Stats. 1998, Ch. 1052, Sec. 2. ) ## CHAPTER 1 General Definitions [1. - 89.5] ( Chapter 1 heading added by Stats. 1998, Ch. 1052, Sec. 2.5. )

    Verify source ↗

    “Take” means hunt, pursue, catch, capture, or kill, including attempts to do so.

    ## Fish and Game Code - FGC ## DIVISION 0.5. GENERAL PROVISIONS AND DEFINITIONS [1 - 99.5] ( Division 0.5 heading added by Stats. 1998, Ch. 1052, Sec. 2. ) ## CHAPTER 1 General Definitions [1. - 89.5] ( Chapter 1 heading added by Stats. 1998, Ch. 1052, Sec. 2.5. ) ## 86. “Take” means hunt, pursue, catch, capture, or kill, or attempt to hunt, pursue, catch, capture, or kill. (Enacted by Stats. 1957, Ch. 456.)
  101. 860.

    ## Fish and Game Code - FGC ## DIVISION 2. DEPARTMENT OF FISH AND WILDLIFE [700 - 1958] ( Heading of Division 2 amended by Stats. 2015, Ch. 154, Sec. 21. ) ## CHAPTER 2. Deputies, and Other Employees; County Wardens [850 - 882] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 1. State [850 - 860] ( Article 1 enacted by Stats. 1957, Ch. 456. )

    Verify source ↗

    The department may sell a fish and game warden stamp, including an electronic version, for voluntary purchase with a minimum $5 donation, and sales revenue must go into a dedicated account.

    ## Fish and Game Code - FGC ## DIVISION 2. DEPARTMENT OF FISH AND WILDLIFE [700 - 1958] ( Heading of Division 2 amended by Stats. 2015, Ch. 154, Sec. 21. ) ## CHAPTER 2. Deputies, and Other Employees; County Wardens [850 - 882] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 1. State [850 - 860] ( Article 1 enacted by Stats. 1957, Ch. 456. ) ## 860. The department may offer for sale a fish and game warden stamp to be designed and produced as the department may determine. The fish and game warden stamp may be purchased on a voluntary basis from the department or a licensed agent authorized pursuant to Section 1055.1 for a donation of not less than five dollars ($5). The department may also design an electronic version of the fish and game warden stamp to be offered through the Automated License Data System. There shall be no indication on any license or permit of the purchase of a warden stamp. All revenues from sales under this section shall be deposited in the Fish and Game Warden Stamp Account which is hereby created in the Fish and Game Preservation Fund to permit separate accountability for the receipt and expenditure of these funds. Funds deposited in the Fish and Game Warden Stamp Account shall used, upon appropriation, to support the department’s fish and game wardens. (Added by Stats. 2009, Ch. 294, Sec. 4. (AB 1442) Effective January 1, 2010.)
  102. 8601.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 3. Nets [8601 - 8890] ( Chapter 3 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 1. Generally [8601 - 8609] ( Article 1 enacted by Stats. 1957, Ch. 456. )

    Verify source ↗

    This section defines when a net or line is a “set net” or “set line,” and says fyke nets, shrimp nets, and crab nets are not set nets.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 3. Nets [8601 - 8890] ( Chapter 3 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 1. Generally [8601 - 8609] ( Article 1 enacted by Stats. 1957, Ch. 456. ) ## 8601. Any net or line used to take fish that is anchored to the bottom on each end and is not free to drift with the tide or current is a set net or set line. Any net so placed that it will catch or impound fish within a bight, bay, or estuary, or against the shore upon the receding of the tide is a set net. Fyke nets, shrimp nets, or crab nets are not set nets. (Amended by Stats. 1989, Ch. 655, Sec. 1.)
  103. 8601.5.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 3. Nets [8601 - 8890] ( Chapter 3 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 1. Generally [8601 - 8609] ( Article 1 enacted by Stats. 1957, Ch. 456. )

    Verify source ↗

    Set nets and set lines must be marked with the fisherman’s identification number, and a person who cannot recover a set net must report the loss to the department within 72 hours after returning to port.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 3. Nets [8601 - 8890] ( Chapter 3 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 1. Generally [8601 - 8609] ( Article 1 enacted by Stats. 1957, Ch. 456. ) ## 8601.5. (a) Set nets and set lines shall be marked at both ends with buoys displaying above their waterlines, in numerals at least 2 inches high, the fisherman’s identification number. (b) Each piece or panel of a set net shall be marked along the corkline of the net, in a manner determined by the department to adequately identify the net, with the fisherman’s identification number. The distance between the markings shall not exceed 45 fathoms. If the lost or abandoned net is recovered by the department or persons designated by the department, the commission may require the owner of the lost or abandoned net to pay for all recovery costs. The commission may revoke the owner’s set net permit issued pursuant to Section 8681 for failure to comply with this subdivision. (c) If a person is unable to recover a set net or portion of a set net, the person shall contact one of the department offices located in the City of Belmont, Monterey, Los Alamitos, or San Diego, not later than 72 hours after returning to port following the loss and shall report all of the following information: (1) The date and time when the set net was lost. (2) The location, including depth, where the net was lost. (3) A description of the lost net, including the mesh size, length, height, and target species, and whether anchors remain attached to the net. (4) The name and fisherman’s identification number of the person owning the net. (5) The name and fisherman’s identification number of the person fishing with the net, if different from paragraph (4). (6) The name and California Fish and Game number of the vessel from which the lost net was being fished. (Amended by Stats. 2001, Ch. 753, Sec. 21. Effective January 1, 2002.)
  104. 8601.6.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 3. Nets [8601 - 8890] ( Chapter 3 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 1. Generally [8601 - 8609] ( Article 1 enacted by Stats. 1957, Ch. 456. )

    Verify source ↗

    A set net’s footrope must be weaker than the headrope and corkline by at least 50 pounds.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 3. Nets [8601 - 8890] ( Chapter 3 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 1. Generally [8601 - 8609] ( Article 1 enacted by Stats. 1957, Ch. 456. ) ## 8601.6. (a) The footrope (leadline) of any set net shall have a breaking strength of at least 50 pounds less than the combined breaking strength of the headrope and corkline. (b) This section shall become operative on August 15, 1990. (Added by Stats. 1989, Ch. 655, Sec. 3. Section operative August 15, 1990, by its own provisions.)
  105. 8602.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 3. Nets [8601 - 8890] ( Chapter 3 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 1. Generally [8601 - 8609] ( Article 1 enacted by Stats. 1957, Ch. 456. )

    Verify source ↗

    The mesh length of any net must be measured by taking at least four meshes and measuring them inside the knots, or for knotless nets, inside the points where the meshes join while drawn closely together.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 3. Nets [8601 - 8890] ( Chapter 3 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 1. Generally [8601 - 8609] ( Article 1 enacted by Stats. 1957, Ch. 456. ) ## 8602. The length of the meshes of any net shall be determined by taking at least four meshes and measuring them inside the knots or, in the case of knotless nets, inside the points at which the meshes are joined while they are simultaneously drawn closely together. (Amended by Stats. 1973, Ch. 136.)
  106. 8603.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 3. Nets [8601 - 8890] ( Chapter 3 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 1. Generally [8601 - 8609] ( Article 1 enacted by Stats. 1957, Ch. 456. )

    Verify source ↗

    It is unlawful to use, operate, or help use or operate nets, traps, lines, spears, or other appliances to take fish, unless the activity is connected with angling or otherwise authorized by the code.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 3. Nets [8601 - 8890] ( Chapter 3 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 1. Generally [8601 - 8609] ( Article 1 enacted by Stats. 1957, Ch. 456. ) ## 8603. It is unlawful to use or operate or assist in using or operating any net, trap, line, spear, or appliance, other than in connection with angling, in taking fish, except as authorized by this code. (Amended by Stats. 2023, Ch. 132, Sec. 162. (AB 1760) Effective January 1, 2024.)
  107. 8604.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 3. Nets [8601 - 8890] ( Chapter 3 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 1. Generally [8601 - 8609] ( Article 1 enacted by Stats. 1957, Ch. 456. )

    Verify source ↗

    Willfully disturbing or injuring a legally used fish net, trap, or similar apparatus in state waters is unlawful.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 3. Nets [8601 - 8890] ( Chapter 3 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 1. Generally [8601 - 8609] ( Article 1 enacted by Stats. 1957, Ch. 456. ) ## 8604. It is unlawful willfully to disturb or injure any net, trap, or other apparatus to take fish which is being legally used in the waters of this state. This section does not apply to employees of the department while they are engaged in the performance of their official duties. (Amended by Stats. 1988, Ch. 220, Sec. 1.)
  108. 8605.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 3. Nets [8601 - 8890] ( Chapter 3 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 1. Generally [8601 - 8609] ( Article 1 enacted by Stats. 1957, Ch. 456. )

    Verify source ↗

    The department or a person it authorizes may use nets or other appliances to recover fish in any district from overflowed areas or isolated sloughs or ponds.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 3. Nets [8601 - 8890] ( Chapter 3 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 1. Generally [8601 - 8609] ( Article 1 enacted by Stats. 1957, Ch. 456. ) ## 8605. The department or any person authorized by it may use any net or other appliance in any district for the purpose of recovering fish from overflowed areas or landlocked sloughs or ponds where they have been left isolated by receding streams or floodwaters. (Enacted by Stats. 1957, Ch. 456.)
  109. 8607.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 3. Nets [8601 - 8890] ( Chapter 3 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 1. Generally [8601 - 8609] ( Article 1 enacted by Stats. 1957, Ch. 456. )

    Verify source ↗

    A person who uses certain fishing gear subject to federal groundfish rules may not possess or land fish in violation of those rules.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 3. Nets [8601 - 8890] ( Chapter 3 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 1. Generally [8601 - 8609] ( Article 1 enacted by Stats. 1957, Ch. 456. ) ## 8607. It is unlawful for any person possessing or operating any type of net, trap, or line that is subject to federal groundfish regulations adopted pursuant to the Magnuson Fishery Conservation and Management Act (16 U.S.C., Sec. 1801 et seq.) to possess or land any load of fish in violation of those federal groundfish regulations. (Added by Stats. 1983, Ch. 1048, Sec. 7. Effective September 26, 1983.)
  110. 8608.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 3. Nets [8601 - 8890] ( Chapter 3 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 1. Generally [8601 - 8609] ( Article 1 enacted by Stats. 1957, Ch. 456. )

    Verify source ↗

    The commission may adopt regulations on where nets can be used near piers, but only after a public hearing and only if it finds this serves the state’s marine resources and fisheries.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 3. Nets [8601 - 8890] ( Chapter 3 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 1. Generally [8601 - 8609] ( Article 1 enacted by Stats. 1957, Ch. 456. ) ## 8608. Notwithstanding Sections 8660, 8665, 8724, and 8780, the commission may, after a public hearing, when it determines that it is in the best interests of the state’s marine resources and fisheries, adopt regulations, authorizing the use of nets not less than 75 feet from any private pier, wharf, jetty, breakwater, or dock, and restricting the use of the nets within 750 feet of any public pier. However, nothing in this section authorizes the commission to adopt regulations which would extend beyond the maximum of 750 feet the area in which the use of nets is prohibited, as specified in Sections 8660, 8665, 8724, and 8780, or which would prohibit the use of any nets within 75 feet of any private pier, wharf, jetty, breakwater, or dock if that use of the net is permitted by law. (Added by Stats. 1983, Ch. 431, Sec. 1.)
  111. 8609.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 3. Nets [8601 - 8890] ( Chapter 3 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 1. Generally [8601 - 8609] ( Article 1 enacted by Stats. 1957, Ch. 456. )

    Verify source ↗

    The Legislature declares that certain nearshore gill and trammel net fisheries are expanding rapidly, and that incidental take of seabirds and marine mammals in those nets may be increasing and harming nontarget species populations.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 3. Nets [8601 - 8890] ( Chapter 3 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 1. Generally [8601 - 8609] ( Article 1 enacted by Stats. 1957, Ch. 456. ) ## 8609. The Legislature finds and declares that: (a) The central California nearshore gill and trammel net fisheries for California halibut (Paralichthys californicus) and white croaker (Genyonemus lineatus) and the use of gill nets in these fisheries are expanding at a rapid rate. (b) The incidental take of certain species of seabirds and marine mammals in set gill and trammel nets could be increasing to a level which may be adversely impacting the viability of the populations of nontarget species. (Amended by Stats. 1989, Ch. 564, Sec. 6.)
  112. 8610.1.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 3. Nets [8601 - 8890] ( Chapter 3 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 1.4. Marine Resources Protection Act of 1990 [8610.1 - 8610.16] ( Article 1.4 added by Stats. 1992, Ch. 94, Sec. 1.5. )

    Verify source ↗

    This section says the Marine Resources Protection Act of 1990 was adopted by initiative and that this article codifies and implements it.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 3. Nets [8601 - 8890] ( Chapter 3 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 1.4. Marine Resources Protection Act of 1990 [8610.1 - 8610.16] ( Article 1.4 added by Stats. 1992, Ch. 94, Sec. 1.5. ) ## 8610.1. The Marine Resources Protection Act of 1990 (Art. X B, Cal. Const.) was adopted as an initiative constitutional amendment at the November 6, 1990, general election. This article codifies and implements that initiative constitutional amendment. (Added by Stats. 1992, Ch. 94, Sec. 1.5. Effective January 1, 1993.)
  113. 8610.11.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 3. Nets [8601 - 8890] ( Chapter 3 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 1.4. Marine Resources Protection Act of 1990 [8610.1 - 8610.16] ( Article 1.4 added by Stats. 1992, Ch. 94, Sec. 1.5. )

    Verify source ↗

    It is unlawful for any person to handle fish that were obtained in violation of this article.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 3. Nets [8601 - 8890] ( Chapter 3 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 1.4. Marine Resources Protection Act of 1990 [8610.1 - 8610.16] ( Article 1.4 added by Stats. 1992, Ch. 94, Sec. 1.5. ) ## 8610.11. It is unlawful for any person to take, possess, receive, transport, purchase, sell, barter, or process any fish obtained in violation of this article. (Added by Stats. 1992, Ch. 94, Sec. 1.5. Effective January 1, 1993.)
  114. 8610.12.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 3. Nets [8601 - 8890] ( Chapter 3 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 1.4. Marine Resources Protection Act of 1990 [8610.1 - 8610.16] ( Article 1.4 added by Stats. 1992, Ch. 94, Sec. 1.5. )

    Verify source ↗

    The department must set up a program to monitor and evaluate daily fish landings by permitted commercial fishermen, and the commercial fishing industry must pay the implementation cost.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 3. Nets [8601 - 8890] ( Chapter 3 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 1.4. Marine Resources Protection Act of 1990 [8610.1 - 8610.16] ( Article 1.4 added by Stats. 1992, Ch. 94, Sec. 1.5. ) ## 8610.12. To increase the state’s scientific and biological information on the ocean fisheries of this state, the department shall establish a program whereby it can monitor and evaluate the daily landings of fish by commercial fishermen who are permitted under this article to take these fish. The cost of implementing this monitoring program shall be borne by the commercial fishing industry. (Added by Stats. 1992, Ch. 94, Sec. 1.5. Effective January 1, 1993.)
  115. 8610.13.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 3. Nets [8601 - 8890] ( Chapter 3 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 1.4. Marine Resources Protection Act of 1990 [8610.1 - 8610.16] ( Article 1.4 added by Stats. 1992, Ch. 94, Sec. 1.5. )

    Verify source ↗

    A violation of Section 8610.3 or 8610.4 is punished under Section 12003.5.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 3. Nets [8601 - 8890] ( Chapter 3 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 1.4. Marine Resources Protection Act of 1990 [8610.1 - 8610.16] ( Article 1.4 added by Stats. 1992, Ch. 94, Sec. 1.5. ) ## 8610.13. The penalty for a violation of Section 8610.3 or 8610.4 is as specified in Section 12003.5. (Amended by Stats. 2007, Ch. 263, Sec. 23. Effective January 1, 2008.)
  116. 8610.14.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 3. Nets [8601 - 8890] ( Chapter 3 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 1.4. Marine Resources Protection Act of 1990 [8610.1 - 8610.16] ( Article 1.4 added by Stats. 1992, Ch. 94, Sec. 1.5. )

    Verify source ↗

    The commission must create four ecological reserves, limit their use mainly to scientific marine-research purposes, and hold a public hearing before establishing them.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 3. Nets [8601 - 8890] ( Chapter 3 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 1.4. Marine Resources Protection Act of 1990 [8610.1 - 8610.16] ( Article 1.4 added by Stats. 1992, Ch. 94, Sec. 1.5. ) ## 8610.14. (a) Prior to January 1, 1994, the commission shall establish four new ecological reserves in ocean waters along the mainland coast. Each ecological reserve shall have a surface area of at least two square miles. The commission shall restrict the use of these ecological reserves to scientific research relating to the management and enhancement of marine resources, including, but not limited to, scientific research as it relates to sportfishing and commercial fishing. Recreational uses, including, but not limited to, hiking, walking, viewing, swimming, diving, surfing, and transient boating are not in conflict with this section. (b) Prior to establishing the four ecological reserves, the commission shall conduct a public hearing at each of the recommended sites or at the nearest practicable location. (c) On and after January 1, 2002, the four ecological reserves established pursuant to subdivision (a) shall be called state marine reserves, unless otherwise reclassified pursuant to Section 2855, and shall become part of the state system of marine managed areas. (Amended by Stats. 2000, Ch. 385, Sec. 6. Effective January 1, 2001.)
  117. 8610.15.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 3. Nets [8601 - 8890] ( Chapter 3 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 1.4. Marine Resources Protection Act of 1990 [8610.1 - 8610.16] ( Article 1.4 added by Stats. 1992, Ch. 94, Sec. 1.5. )

    Verify source ↗

    This article does not override other closures that protect wildlife, including sea otters, whales, and shorebirds.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 3. Nets [8601 - 8890] ( Chapter 3 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 1.4. Marine Resources Protection Act of 1990 [8610.1 - 8610.16] ( Article 1.4 added by Stats. 1992, Ch. 94, Sec. 1.5. ) ## 8610.15. This article does not preempt or supersede any other closures to protect any other wildlife, including sea otters, whales, and shorebirds. (Added by Stats. 1992, Ch. 94, Sec. 1.5. Effective January 1, 1993.)
  118. 8610.16.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 3. Nets [8601 - 8890] ( Chapter 3 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 1.4. Marine Resources Protection Act of 1990 [8610.1 - 8610.16] ( Article 1.4 added by Stats. 1992, Ch. 94, Sec. 1.5. )

    Verify source ↗

    If any part of this article is invalid, the rest still applies if it can work without the invalid part.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 3. Nets [8601 - 8890] ( Chapter 3 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 1.4. Marine Resources Protection Act of 1990 [8610.1 - 8610.16] ( Article 1.4 added by Stats. 1992, Ch. 94, Sec. 1.5. ) ## 8610.16. If any provision of this article or the application thereof to any person or circumstances is held invalid, that invalidity shall not affect other provisions or applications of this article which can be given effect without the invalid provision or application, and to this end the provisions of this article are severable. (Added by Stats. 1992, Ch. 94, Sec. 1.5. Effective January 1, 1993.)
  119. 8610.2.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 3. Nets [8601 - 8890] ( Chapter 3 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 1.4. Marine Resources Protection Act of 1990 [8610.1 - 8610.16] ( Article 1.4 added by Stats. 1992, Ch. 94, Sec. 1.5. )

    Verify source ↗

    This section defines several terms used in the article, including “District,” “Ocean waters,” and “Zone.”

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 3. Nets [8601 - 8890] ( Chapter 3 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 1.4. Marine Resources Protection Act of 1990 [8610.1 - 8610.16] ( Article 1.4 added by Stats. 1992, Ch. 94, Sec. 1.5. ) ## 8610.2. (a) “District” for the purposes of this article and of Article X B of the California Constitution means a fish and game district as defined in this code on January 1, 1990. (b) Except as specifically provided in this article, all references to sections, articles, chapters, parts, and divisions of this code are to those statutes in effect on January 1, 1990. (c) “Ocean waters” means the waters of the Pacific Ocean regulated by the state. (d) “Zone” means the Marine Resources Protection Zone established pursuant to this article. The zone consists of the following: (1) In waters less than 70 fathoms or within one mile, whichever is less, around the Channel Islands consisting of the Islands of San Miguel, Santa Rosa, Santa Cruz, Anacapa, San Nicolaus, Santa Barbara, Santa Catalina, and San Clemente. (2) The area within three nautical miles offshore of the mainland coast, and the area within three nautical miles off any manmade breakwater, between a line extending due west from Point Arguello and a line extending due west from the Mexican border. (3) In waters less than 35 fathoms between a line running 180 degrees true from Point Fermin and a line running 270 degrees true from the south jetty of Newport Harbor. (Added by Stats. 1992, Ch. 94, Sec. 1.5. Effective January 1, 1993.)
  120. 8610.3.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 3. Nets [8601 - 8890] ( Chapter 3 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 1.4. Marine Resources Protection Act of 1990 [8610.1 - 8610.16] ( Article 1.4 added by Stats. 1992, Ch. 94, Sec. 1.5. )

    Verify source ↗

    Gill nets and trammel nets could be used in the zone only during 1991–1993 if covered by a nontransferable department permit; starting January 1, 1994, they may not be used there.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 3. Nets [8601 - 8890] ( Chapter 3 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 1.4. Marine Resources Protection Act of 1990 [8610.1 - 8610.16] ( Article 1.4 added by Stats. 1992, Ch. 94, Sec. 1.5. ) ## 8610.3. (a) From January 1, 1991, to December 31, 1993, inclusive, gill nets or trammel nets may only be used in the zone pursuant to a nontransferable permit issued by the department pursuant to Section 8610.5. (b) On and after January 1, 1994, gill nets and trammel nets shall not be used in the zone. (Added by Stats. 1992, Ch. 94, Sec. 1.5. Effective January 1, 1993.)
  121. 8610.4.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 3. Nets [8601 - 8890] ( Chapter 3 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 1.4. Marine Resources Protection Act of 1990 [8610.1 - 8610.16] ( Article 1.4 added by Stats. 1992, Ch. 94, Sec. 1.5. )

    Verify source ↗

    Gill nets and trammel nets may not be authorized for use in areas where the use is not permitted, and they may not be used to take any species of rockfish.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 3. Nets [8601 - 8890] ( Chapter 3 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 1.4. Marine Resources Protection Act of 1990 [8610.1 - 8610.16] ( Article 1.4 added by Stats. 1992, Ch. 94, Sec. 1.5. ) ## 8610.4. (a) Notwithstanding any other provision of law, gill nets and trammel nets may not be used to take any species of rockfish. (b) In ocean waters north of Point Arguello on and after November 7, 1990, the use of gill nets and trammel nets shall be regulated by Article 4 (commencing with Section 8660), Article 5 (commencing with Section 8680) and Article 6 (commencing with Section 8720) of Chapter 3 of Part 3 of Division 6, or any regulation or order issued pursuant to these articles, in effect on January 1, 1990, except that as to Sections 8680, 8681, 8681.7, and 8682, and subdivisions (a) to (f), inclusive, of Section 8681.5, or any regulation or order issued pursuant to these sections, the provisions in effect on January 1, 1989, shall control where not in conflict with other provisions of this article, and shall be applicable to all ocean waters. Notwithstanding the provisions of this section, the Legislature shall not be precluded from imposing more restrictions on the use or possession of gill nets or trammel nets. The director shall not authorize the use of gill nets or trammel nets in any area where the use is not permitted even if the director makes specified findings. (Added by Stats. 1992, Ch. 94, Sec. 1.5. Effective January 1, 1993.)
  122. 8610.5.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 3. Nets [8601 - 8890] ( Chapter 3 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 1.4. Marine Resources Protection Act of 1990 [8610.1 - 8610.16] ( Article 1.4 added by Stats. 1992, Ch. 94, Sec. 1.5. )

    Verify source ↗

    The department must issue a permit to use a gill net or trammel net in the zone for the period specified in Section 8610.3(a) to any applicant who meets the stated requirements.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 3. Nets [8601 - 8890] ( Chapter 3 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 1.4. Marine Resources Protection Act of 1990 [8610.1 - 8610.16] ( Article 1.4 added by Stats. 1992, Ch. 94, Sec. 1.5. ) ## 8610.5. The department shall issue a permit to use a gill net or trammel net in the zone for the period specified in subdivision (a) of Section 8610.3 to any applicant who meets both of the following requirements: (a) Has a commercial fishing license issued pursuant to Sections 7850 to 7852.3, inclusive. (b) Has a permit issued pursuant to Section 8681 and is presently the owner or operator of a vessel equipped with a gill net or trammel net. (Added by Stats. 1992, Ch. 94, Sec. 1.5. Effective January 1, 1993.)
  123. 8610.6.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 3. Nets [8601 - 8890] ( Chapter 3 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 1.4. Marine Resources Protection Act of 1990 [8610.1 - 8610.16] ( Article 1.4 added by Stats. 1992, Ch. 94, Sec. 1.5. )

    Verify source ↗

    The department must charge permit fees under Section 8610.5 according to the listed calendar-year schedule.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 3. Nets [8601 - 8890] ( Chapter 3 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 1.4. Marine Resources Protection Act of 1990 [8610.1 - 8610.16] ( Article 1.4 added by Stats. 1992, Ch. 94, Sec. 1.5. ) ## 8610.6. The department shall charge the following fees for permits issued pursuant to Section 8610.5 pursuant to the following schedule:Calendar Year Fee 1991 $ 250 1992 500 1993 1,000 (Added by Stats. 1992, Ch. 94, Sec. 1.5. Effective January 1, 1993.)
  124. 8623.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 3. Nets [8601 - 8890] ( Chapter 3 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 2. Nets for Particular Varieties of Fish [8623 - 8626] ( Article 2 enacted by Stats. 1957, Ch. 456. )

    Verify source ↗

    This section makes it unlawful to use purse seines or round haul nets to take certain fish, and generally forbids possession of those fish on boats using those nets, with limited exceptions.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 3. Nets [8601 - 8890] ( Chapter 3 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 2. Nets for Particular Varieties of Fish [8623 - 8626] ( Article 2 enacted by Stats. 1957, Ch. 456. ) ## 8623. (a) It is unlawful to use any purse seine or round haul net to take yellowtail, barracuda, or white sea bass. (b) It is unlawful to possess any yellowtail, barracuda, or white sea bass, except those taken south of the international boundary between the United States and Mexico, and imported into the state under regulations of the commission as provided in Section 2362, on any boat carrying or using any purse seine or round haul net, including, but not limited to, a bait net as described in Section 8780. (c) Gill nets with meshes of a minimum length of 31/2 inches may be used to take yellowtail and barracuda. (d) Gill nets with meshes of a minimum length of six inches may be used to take white sea bass; however, during the period from June 16 to March 14, inclusive, not more than 20 percent by number of a load of fish may be white seabass 28 inches or more in total length, up to a maximum of 10 white seabass per load, if taken in gill nets or trammel nets with meshes from 31/2 to 6 inches in length. (e) Notwithstanding subdivision (b), the department may issue permits to hook and line commercial fishermen to possess a bona fide bait net on their vessels for the purpose of taking bait for their own use only. (Amended by Stats. 2023, Ch. 132, Sec. 165. (AB 1760) Effective January 1, 2024.)
  125. 8625.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 3. Nets [8601 - 8890] ( Chapter 3 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 2. Nets for Particular Varieties of Fish [8623 - 8626] ( Article 2 enacted by Stats. 1957, Ch. 456. )

    Verify source ↗

    This section allows gill nets and trammel nets with mesh of at least 8.5 inches to be used to take California halibut, subject to other code provisions.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 3. Nets [8601 - 8890] ( Chapter 3 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 2. Nets for Particular Varieties of Fish [8623 - 8626] ( Article 2 enacted by Stats. 1957, Ch. 456. ) ## 8625. (a) Except as otherwise provided in this code, set gill nets and trammel nets with mesh size of not less than 81/2 inches may be used to take California halibut. (b) Except as provided in subdivision (c), not more than 1,500 fathoms (9,000 feet) of gill net or trammel net shall be fished in combination each day for California halibut from any vessel in ocean waters. (c) Not more than 1,000 fathoms (6,000 feet) of gill net or trammel net shall be fished in combination each day for California halibut from any vessel in ocean waters between a line extending due west magnetic from Point Arguello in Santa Barbara County and a line extending 172° magnetic from Rincon Point in Santa Barbara County to San Pedro Point at the east end of Santa Cruz Island in Santa Barbara County, then extending southwesterly 188° magnetic from San Pedro Point on Santa Cruz Island. (Amended by Stats. 2023, Ch. 132, Sec. 166. (AB 1760) Effective January 1, 2024.)
  126. 8626.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 3. Nets [8601 - 8890] ( Chapter 3 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 2. Nets for Particular Varieties of Fish [8623 - 8626] ( Article 2 enacted by Stats. 1957, Ch. 456. )

    Verify source ↗

    The director may lower the minimum mesh size for certain gill and trammel nets used to take California halibut in specified southern areas, but only under the conditions in this section.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 3. Nets [8601 - 8890] ( Chapter 3 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 2. Nets for Particular Varieties of Fish [8623 - 8626] ( Article 2 enacted by Stats. 1957, Ch. 456. ) ## 8626. (a) Notwithstanding Section 8625, and where consistent with the determination made pursuant to subdivisions (b) and (c), the director may reduce the minimum mesh size permitted for gill and trammel nets used to take California halibut from 81/2 inches to not less than 8 inches in any or all areas south of a line extending 240° magnetic from the boundary line between the Counties of Los Angeles and Ventura. (b) If, on or before October 1, 1990, the department determines that commercial landings of California halibut taken south of the line extending 240° magnetic from the boundary line between the Counties of Los Angeles and Ventura in the period between September 1, 1989, and August 31, 1990, decline by 10 percent or more compared with landings of California halibut taken in this area during the period between September 1, 1988, and August 31, 1989, the department shall assess the impact of the 81/2 inch minimum mesh size restriction on the California halibut fishery in the area described in subdivision (a). The assessment shall include, but is not limited to, an analysis of landing data, including landings of California halibut in Los Angeles, Orange, and San Diego Counties, the age and size composition of the catch, and the department’s monitoring at sea of the gill and trammel net fishery. (c) If the department determines that the 81/2 inch minimum mesh size, established pursuant to Section 8625 has directly resulted in a decline of 10 percent or more in landings of California halibut south of the line extending 240° magnetic from the boundary between the Counties of Los Angeles and Ventura, the director shall hold a public hearing in the area affected to make findings and take public testimony prior to taking any action pursuant to subdivision (a). (Amended by Stats. 2023, Ch. 132, Sec. 167. (AB 1760) Effective January 1, 2024.)
  127. 8630.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 3. Nets [8601 - 8890] ( Chapter 3 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 3. Seizure [8630 - 8635] ( Article 3 enacted by Stats. 1957, Ch. 456. )

    Verify source ↗

    Nets or traps used illegally to take fish are a public nuisance; authorized arresting persons must seize and keep them and report the seizure, and the department may seek forfeiture.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 3. Nets [8601 - 8890] ( Chapter 3 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 3. Seizure [8630 - 8635] ( Article 3 enacted by Stats. 1957, Ch. 456. ) ## 8630. Any net or trap used for taking fish in violation of the provisions of this code is a public nuisance. It is the duty of every person authorized to make an arrest for such a violation to seize and keep the net and report the seizure to the department. The department may commence proceedings in the superior court of the county or city and county in which the seizure is made by petitioning the court for a judgment forfeiting the net. Upon the filing of the petition, the clerk of the court shall fix a time for a hearing and cause notices to be posted for 14 days in at least three public places in the place where the court is held, setting forth the substance of the petition and the time and place fixed for its hearing. At that time, the court shall hear and determine the proceeding and, upon proof that the net was used in violation of this code shall order it forfeited. Any net so forfeited shall be sold or destroyed by the department. The proceeds from all those sales shall be paid into the Fish and Game Preservation Fund. (Amended by Stats. 1985, Ch. 1442, Sec. 8.)
  128. 8631.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 3. Nets [8601 - 8890] ( Chapter 3 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 3. Seizure [8630 - 8635] ( Article 3 enacted by Stats. 1957, Ch. 456. )

    Verify source ↗

    Authorized arresting persons may tag certain illegal fishing nets instead of physically seizing them; removing the tag or using the net without authorization is a misdemeanor.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 3. Nets [8601 - 8890] ( Chapter 3 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 3. Seizure [8630 - 8635] ( Article 3 enacted by Stats. 1957, Ch. 456. ) ## 8631. In lieu of a physical seizure pursuant to this article, any person authorized to make an arrest for a violation of any provision of this code, may attach to any net used for taking fish in violation of this code a tag of metal or other material, which shall be adopted by the department for this purpose and furnished to such person. The tag shall be impressed or printed with language stating that the net to which it is attached is thereby seized by the department as a public nuisance. The act of attaching such tag shall be a seizure within the meaning of this section. Removal of a tag attached to any net pursuant to this section by any person other than a person authorized by the department, or the use of any such net by any person for fishing purposes, unless authorized by the department or by the superior court, is a misdemeanor. (Enacted by Stats. 1957, Ch. 456.)
  129. 8632.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 3. Nets [8601 - 8890] ( Chapter 3 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 3. Seizure [8630 - 8635] ( Article 3 enacted by Stats. 1957, Ch. 456. )

    Verify source ↗

    The department may remove a seized net from a vessel within three days after written notice that the vessel has arrived in port, unless the owner has furnished a bond under Section 8633.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 3. Nets [8601 - 8890] ( Chapter 3 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 3. Seizure [8630 - 8635] ( Article 3 enacted by Stats. 1957, Ch. 456. ) ## 8632. Within three days after the department has been notified in writing that a vessel carrying a seized net has arrived in port, the department may remove the net from the vessel, unless the owner has furnished a bond in accordance with Section 8633. The notice shall be sufficient when delivered to the office of the department nearest to the port at which the vessel has arrived. (Amended by Stats. 2007, Ch. 285, Sec. 127. Effective January 1, 2008.)
  130. 8633.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 3. Nets [8601 - 8890] ( Chapter 3 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 3. Seizure [8630 - 8635] ( Article 3 enacted by Stats. 1957, Ch. 456. )

    Verify source ↗

    After a net is seized, the owner or other person entitled to possess it may ask the superior court to let them file a bond and get the net back while the case is pending.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 3. Nets [8601 - 8890] ( Chapter 3 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 3. Seizure [8630 - 8635] ( Article 3 enacted by Stats. 1957, Ch. 456. ) ## 8633. When any net is seized pursuant to this article, the owner or any other person otherwise entitled to possession of the net may apply to the superior court of the county or city and county in which the seizure was made, or the county or city and county of which the claimant is a resident, for leave to file a bond and regain possession of the net during the pendency of the proceedings. The bond shall be in an amount determined by the judge to be the actual value of the net at the time of its release. It shall be filed within three days after the seizure of the net, and shall be conditioned upon the return of the net to the custody of the department in the event the net is ordered forfeited. Upon filing the bond, the person on whose behalf it is given shall be put in possession of the net and may use the net until it is finally ordered delivered up and forfeited, if such be the judgment of the court. (Amended by Stats. 1957, Ch. 632.)
  131. 8634.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 3. Nets [8601 - 8890] ( Chapter 3 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 3. Seizure [8630 - 8635] ( Article 3 enacted by Stats. 1957, Ch. 456. )

    Verify source ↗

    If a forfeited net was seized under this article and a bond was filed to regain it, the person holding the net must deliver it to the department and place it in a department-designated warehouse or storage.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 3. Nets [8601 - 8890] ( Chapter 3 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 3. Seizure [8630 - 8635] ( Article 3 enacted by Stats. 1957, Ch. 456. ) ## 8634. When any net is seized pursuant to this article and the owner or any other person otherwise entitled to possession of the net has filed a bond and regained possession of the net, the person in possession of the net, when in the judgment of the court the net is ordered forfeited, shall deliver the net to the department by removing the net from the boat and placing in a warehouse or storage designated by the department. (Enacted by Stats. 1957, Ch. 456.)
  132. 8635.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 3. Nets [8601 - 8890] ( Chapter 3 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 3. Seizure [8630 - 8635] ( Article 3 enacted by Stats. 1957, Ch. 456. )

    Verify source ↗

    A seized net or trap that is illegal because of its design or materials is treated as contraband and generally cannot be returned unless it is modified to remove the illegality.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 3. Nets [8601 - 8890] ( Chapter 3 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 3. Seizure [8630 - 8635] ( Article 3 enacted by Stats. 1957, Ch. 456. ) ## 8635. (a) Notwithstanding Section 8633, any net or trap seized pursuant to Section 8630 as illegal because of its size, manner of construction, materials used in its construction, or configuration of its parts is presumed to be contraband and shall not be returned pending forfeiture unless it can be and is modified to eliminate the condition of illegality. This subdivision does not apply to any net or trap seized pursuant to Section 8630 for illegal use. (b) Notwithstanding subdivision (a), any net or trap seized pursuant to Section 8630 that is needed for evidence may be held for evidence. (Added by Stats. 1983, Ch. 1048, Sec. 8. Effective September 26, 1983.)
  133. 8660.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 3. Nets [8601 - 8890] ( Chapter 3 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 4. Nets Generally in Particular Districts [8660 - 8670] ( Article 4 enacted by Stats. 1957, Ch. 456. )

    Verify source ↗

    This chapter does not authorize nets within 750 feet of a pier, wharf, jetty, or breakwater in District 19 or 19A, except that dip nets may be used under Section 8870.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 3. Nets [8601 - 8890] ( Chapter 3 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 4. Nets Generally in Particular Districts [8660 - 8670] ( Article 4 enacted by Stats. 1957, Ch. 456. ) ## 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. (Amended by Stats. 1963, Ch. 617.)
  134. 8661.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 3. Nets [8601 - 8890] ( Chapter 3 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 4. Nets Generally in Particular Districts [8660 - 8670] ( Article 4 enacted by Stats. 1957, Ch. 456. )

    Verify source ↗

    Vessels may carry nets across Districts 19A and 20 to open water outside those districts, but vessels carrying nets may enter harbors in those districts only in distress or emergency.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 3. Nets [8601 - 8890] ( Chapter 3 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 4. Nets Generally in Particular Districts [8660 - 8670] ( Article 4 enacted by Stats. 1957, Ch. 456. ) ## 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. (Enacted by Stats. 1957, Ch. 456.)
  135. 8663.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 3. Nets [8601 - 8890] ( Chapter 3 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 4. Nets Generally in Particular Districts [8660 - 8670] ( Article 4 enacted by Stats. 1957, Ch. 456. )

    Verify source ↗

    Gill nets, trammel nets, and fyke nets may not be possessed on any boat in the waters of the specified upstream district.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 3. Nets [8601 - 8890] ( Chapter 3 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 4. Nets Generally in Particular Districts [8660 - 8670] ( Article 4 enacted by Stats. 1957, Ch. 456. ) ## 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. (Enacted by Stats. 1957, Ch. 456.)
  136. 8664.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 3. Nets [8601 - 8890] ( Chapter 3 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 4. Nets Generally in Particular Districts [8660 - 8670] ( Article 4 enacted by Stats. 1957, Ch. 456. )

    Verify source ↗

    In Districts 6 and 7, a net found near specified rivers or tributaries is prima facie evidence of unlawful use, except for trawl or drag nets being transported.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 3. Nets [8601 - 8890] ( Chapter 3 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 4. Nets Generally in Particular Districts [8660 - 8670] ( Article 4 enacted by Stats. 1957, Ch. 456. ) ## 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. (Enacted by Stats. 1957, Ch. 456.)
  137. 8664.13.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 3. Nets [8601 - 8890] ( Chapter 3 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 4. Nets Generally in Particular Districts [8660 - 8670] ( Article 4 enacted by Stats. 1957, Ch. 456. )

    Verify source ↗

    During the listed dates and in the described waters, gill nets and trammel nets with the specified mesh size must include breakaway and anchoring features.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 3. Nets [8601 - 8890] ( Chapter 3 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 4. Nets Generally in Particular Districts [8660 - 8670] ( Article 4 enacted by Stats. 1957, Ch. 456. ) ## 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. (Added by Stats. 1987, Ch. 979, Sec. 2. Effective September 23, 1987.)
  138. 8664.5.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 3. Nets [8601 - 8890] ( Chapter 3 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 4. Nets Generally in Particular Districts [8660 - 8670] ( Article 4 enacted by Stats. 1957, Ch. 456. )

    Verify source ↗

    This section restricts and monitors gill nets and trammel nets in specified waters of Districts 17 and 18, with a narrow size-based exception and director oversight for adverse impacts.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 3. Nets [8601 - 8890] ( Chapter 3 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 4. Nets Generally in Particular Districts [8660 - 8670] ( Article 4 enacted by Stats. 1957, Ch. 456. ) ## 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 X B of the California Constitution. (Amended by Stats. 1992, Ch. 94, Sec. 2. Effective January 1, 1993.)
  139. 8664.67.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 3. Nets [8601 - 8890] ( Chapter 3 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 4. Nets Generally in Particular Districts [8660 - 8670] ( Article 4 enacted by Stats. 1957, Ch. 456. )

    Verify source ↗

    This section defines “impacted fisherman” for use in Sections 8664.5 and 8664.65.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 3. Nets [8601 - 8890] ( Chapter 3 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 4. Nets Generally in Particular Districts [8660 - 8670] ( Article 4 enacted by Stats. 1957, Ch. 456. ) ## 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. (Added by Stats. 1992, Ch. 1370, Sec. 31. Effective October 27, 1992.)
  140. 8664.7.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 3. Nets [8601 - 8890] ( Chapter 3 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 4. Nets Generally in Particular Districts [8660 - 8670] ( Article 4 enacted by Stats. 1957, Ch. 456. )

    Verify source ↗

    An order issued under the cited section cannot run for more than 120 days at first. After another public hearing, the director may extend or reissue the order for a further specified period if supported by a department report.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 3. Nets [8601 - 8890] ( Chapter 3 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 4. Nets Generally in Particular Districts [8660 - 8670] ( Article 4 enacted by Stats. 1957, Ch. 456. ) ## 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. (Amended by Stats. 1985, Ch. 50, Sec. 3. Effective May 24, 1985.)
  141. 8664.8.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 3. Nets [8601 - 8890] ( Chapter 3 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 4. Nets Generally in Particular Districts [8660 - 8670] ( Article 4 enacted by Stats. 1957, Ch. 456. )

    Verify source ↗

    This section restricts where set, drift gill, and trammel nets may be used, with limited permit and gear-size exceptions.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 3. Nets [8601 - 8890] ( Chapter 3 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 4. Nets Generally in Particular Districts [8660 - 8670] ( Article 4 enacted by Stats. 1957, Ch. 456. ) ## 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 X B of the California Constitution. (Amended by Stats. 1992, Ch. 94, Sec. 3. Effective January 1, 1993.)
  142. 8665.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 3. Nets [8601 - 8890] ( Chapter 3 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 4. Nets Generally in Particular Districts [8660 - 8670] ( Article 4 enacted by Stats. 1957, Ch. 456. )

    Verify source ↗

    In District 118.5, nets must not be used within 750 feet of any pier or dock, except for certain bait nets and authorized lobster traps.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 3. Nets [8601 - 8890] ( Chapter 3 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 4. Nets Generally in Particular Districts [8660 - 8670] ( Article 4 enacted by Stats. 1957, Ch. 456. ) ## 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. (Amended by Stats. 1985, Ch. 106, Sec. 37.)
  143. 8666.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 3. Nets [8601 - 8890] ( Chapter 3 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 4. Nets Generally in Particular Districts [8660 - 8670] ( Article 4 enacted by Stats. 1957, Ch. 456. )

    Verify source ↗

    The department may issue a revocable permit for taking mullet or carp with set gill nets or seines in specified waters, if the activity is under commercial license and subject to commission-approved restrictions.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 3. Nets [8601 - 8890] ( Chapter 3 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 4. Nets Generally in Particular Districts [8660 - 8670] ( Article 4 enacted by Stats. 1957, Ch. 456. ) ## 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. (Enacted by Stats. 1957, Ch. 456.)
  144. 8667.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 3. Nets [8601 - 8890] ( Chapter 3 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 4. Nets Generally in Particular Districts [8660 - 8670] ( Article 4 enacted by Stats. 1957, Ch. 456. )

    Verify source ↗

    Licensed commercial fishermen may not take or possess fish other than mullet or carp, and may not take or possess mullet under 14 inches, while fishing in the Salton Sea or the New and Alamo Rivers.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 3. Nets [8601 - 8890] ( Chapter 3 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 4. Nets Generally in Particular Districts [8660 - 8670] ( Article 4 enacted by Stats. 1957, Ch. 456. ) ## 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. (Enacted by Stats. 1957, Ch. 456.)
  145. 8668.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 3. Nets [8601 - 8890] ( Chapter 3 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 4. Nets Generally in Particular Districts [8660 - 8670] ( Article 4 enacted by Stats. 1957, Ch. 456. )

    Verify source ↗

    Commercial fishing under Sections 8666, 8667, or 8669 is not allowed inside any state or federal game refuge.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 3. Nets [8601 - 8890] ( Chapter 3 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 4. Nets Generally in Particular Districts [8660 - 8670] ( Article 4 enacted by Stats. 1957, Ch. 456. ) ## 8668. No commercial fishing under Section 8666, 8667, or 8669 shall be carried on within the boundaries of any state or federal game refuge. (Enacted by Stats. 1957, Ch. 456.)
  146. 8669.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 3. Nets [8601 - 8890] ( Chapter 3 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 4. Nets Generally in Particular Districts [8660 - 8670] ( Article 4 enacted by Stats. 1957, Ch. 456. )

    Verify source ↗

    This section makes it unlawful to possess certain commercial fishing nets or similar devices near the Salton Sea and parts of the New and Alamo Rivers in District 22, except during an open season set by the commission.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 3. Nets [8601 - 8890] ( Chapter 3 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 4. Nets Generally in Particular Districts [8660 - 8670] ( Article 4 enacted by Stats. 1957, Ch. 456. ) ## 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. (Enacted by Stats. 1957, Ch. 456.)
  147. 8670.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 3. Nets [8601 - 8890] ( Chapter 3 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 4. Nets Generally in Particular Districts [8660 - 8670] ( Article 4 enacted by Stats. 1957, Ch. 456. )

    Verify source ↗

    Any person may not use, operate, assist in using or operating, or possess certain nets in tidal waters upstream from the Carquinez Bridge when the nets are used for commercial fishing or are illegal there.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 3. Nets [8601 - 8890] ( Chapter 3 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 4. Nets Generally in Particular Districts [8660 - 8670] ( Article 4 enacted by Stats. 1957, Ch. 456. ) ## 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. (Amended by Stats. 1979, Ch. 877.)
  148. 8680.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 3. Nets [8601 - 8890] ( Chapter 3 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 5. Gill and Trammel Nets [8680 - 8700] ( Heading of Article 5 amended by Stats. 1983, Ch. 1300, Sec. 12. )

    Verify source ↗

    This section states that fishermen using gill nets or trammel nets should be experienced in using those nets.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 3. Nets [8601 - 8890] ( Chapter 3 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 5. Gill and Trammel Nets [8680 - 8700] ( Heading of Article 5 amended by Stats. 1983, Ch. 1300, Sec. 12. ) ## 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. (Amended by Stats. 1992, Ch. 94, Sec. 6. Effective January 1, 1993.)
  149. 8681.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 3. Nets [8601 - 8890] ( Chapter 3 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 5. Gill and Trammel Nets [8680 - 8700] ( Heading of Article 5 amended by Stats. 1983, Ch. 1300, Sec. 12. )

    Verify source ↗

    Gill nets or trammel nets may not be used for commercial purposes unless the user has a revocable, nontransferable permit from the department, and each permittee must keep an accurate fishing logbook.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 3. Nets [8601 - 8890] ( Chapter 3 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 5. Gill and Trammel Nets [8680 - 8700] ( Heading of Article 5 amended by Stats. 1983, Ch. 1300, Sec. 12. ) ## 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. (Amended by Stats. 2007, Ch. 285, Sec. 128. Effective January 1, 2008.)
  150. 8681.5.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 3. Nets [8601 - 8890] ( Chapter 3 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 5. Gill and Trammel Nets [8680 - 8700] ( Heading of Article 5 amended by Stats. 1983, Ch. 1300, Sec. 12. )

    Verify source ↗

    The department generally may not issue or renew gill net or trammel net permits, but it may renew existing valid permits and, for a limited time, permit holders may transfer permits if they meet the stated experience and fee conditions.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 3. Nets [8601 - 8890] ( Chapter 3 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 5. Gill and Trammel Nets [8680 - 8700] ( Heading of Article 5 amended by Stats. 1983, Ch. 1300, Sec. 12. ) ## 8681.5. (a) Except as provided in subdivision (b), the department shall not issue or renew a gill net or trammel net permit under Section 8681. (b) The department may renew an existing, valid permit issued under Section 8681, under regulations adopted by the commission and upon payment of the fee prescribed under Section 8683. (c) (1) Notwithstanding subdivisions (a) and (b) or Section 8681, until January 1, 2027, any person who has an existing, valid permit issued pursuant to Section 8681, and presents to the department satisfactory evidence that the person 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. (2) Notwithstanding subdivisions (a) and (b) or Section 8681, on and after January 1, 2027, any person who has an existing, valid permit issued pursuant to Section 8681, and presents to the department satisfactory evidence that the person has taken and landed fish for commercial purposes in at least 15 of the preceding 20 years, may transfer that permit one time to a family member pursuant to regulations adopted under Section 8682 and upon payment of the fee prescribed under Section 8683, at which point the permit shall become nontransferable. (d) The Legislature finds and declares that this section 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. (Amended by Stats. 2025, Ch. 720, Sec. 1. (AB 1056) Effective January 1, 2026.)
  151. 8681.7.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 3. Nets [8601 - 8890] ( Chapter 3 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 5. Gill and Trammel Nets [8680 - 8700] ( Heading of Article 5 amended by Stats. 1983, Ch. 1300, Sec. 12. )

    Verify source ↗

    A person denied renewal of a fishing permit may appeal to the commission, but the appeal must be filed within 60 days.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 3. Nets [8601 - 8890] ( Chapter 3 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 5. Gill and Trammel Nets [8680 - 8700] ( Heading of Article 5 amended by Stats. 1983, Ch. 1300, Sec. 12. ) ## 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. (Amended by Stats. 1992, Ch. 94, Sec. 9. Effective January 1, 1993.)
  152. 8682.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 3. Nets [8601 - 8890] ( Chapter 3 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 5. Gill and Trammel Nets [8680 - 8700] ( Heading of Article 5 amended by Stats. 1983, Ch. 1300, Sec. 12. )

    Verify source ↗

    The commission must make permit regulations for gill net and trammel net fishing, and the director must set up an advisory committee.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 3. Nets [8601 - 8890] ( Chapter 3 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 5. Gill and Trammel Nets [8680 - 8700] ( Heading of Article 5 amended by Stats. 1983, Ch. 1300, Sec. 12. ) ## 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. (Repealed and added by Stats. 1992, Ch. 94, Sec. 11. Effective January 1, 1993.)
  153. 8683.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 3. Nets [8601 - 8890] ( Chapter 3 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 5. Gill and Trammel Nets [8680 - 8700] ( Heading of Article 5 amended by Stats. 1983, Ch. 1300, Sec. 12. )

    Verify source ↗

    A permit issued under Section 8681 costs $330.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 3. Nets [8601 - 8890] ( Chapter 3 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 5. Gill and Trammel Nets [8680 - 8700] ( Heading of Article 5 amended by Stats. 1983, Ch. 1300, Sec. 12. ) ## 8683. The fee for a permit issued pursuant to Section 8681 is three hundred thirty dollars ($330). (Amended by Stats. 1992, Ch. 701, Sec. 41. Effective September 15, 1992. Operative April 1, 1993, by Sec. 71 of Ch. 701.)
  154. 8684.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 3. Nets [8601 - 8890] ( Chapter 3 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 5. Gill and Trammel Nets [8680 - 8700] ( Heading of Article 5 amended by Stats. 1983, Ch. 1300, Sec. 12. )

    Verify source ↗

    This section says incidental catches of swordfish or marlin are not authorized, must be delivered to the department, and a Section 8681 permit can be revoked after a conviction under this section.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 3. Nets [8601 - 8890] ( Chapter 3 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 5. Gill and Trammel Nets [8680 - 8700] ( Heading of Article 5 amended by Stats. 1983, Ch. 1300, Sec. 12. ) ## 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. (Amended by Stats. 1983, Ch. 1300, Sec. 13.)
  155. 8685.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 3. Nets [8601 - 8890] ( Chapter 3 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 5. Gill and Trammel Nets [8680 - 8700] ( Heading of Article 5 amended by Stats. 1983, Ch. 1300, Sec. 12. )

    Verify source ↗

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

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 3. Nets [8601 - 8890] ( Chapter 3 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 5. Gill and Trammel Nets [8680 - 8700] ( Heading of Article 5 amended by Stats. 1983, Ch. 1300, Sec. 12. ) ## 8685. In Districts 1, 2, and 3, gill nets may not be possessed on any boat. (Enacted by Stats. 1957, Ch. 456.)
  156. 8685.5.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 3. Nets [8601 - 8890] ( Chapter 3 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 5. Gill and Trammel Nets [8680 - 8700] ( Heading of Article 5 amended by Stats. 1983, Ch. 1300, Sec. 12. )

    Verify source ↗

    Gill nets may not be used to take salmon, steelhead, or striped bass.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 3. Nets [8601 - 8890] ( Chapter 3 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 5. Gill and Trammel Nets [8680 - 8700] ( Heading of Article 5 amended by Stats. 1983, Ch. 1300, Sec. 12. ) ## 8685.5. Notwithstanding any other provision of law, gill nets may not be used to take salmon, steelhead, or striped bass. (Added by Stats. 1980, Ch. 393, Sec. 1.5. Effective July 11, 1980.)
  157. 8685.6.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 3. Nets [8601 - 8890] ( Chapter 3 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 5. Gill and Trammel Nets [8680 - 8700] ( Heading of Article 5 amended by Stats. 1983, Ch. 1300, Sec. 12. )

    Verify source ↗

    It is unlawful to sell or possess for sale salmon, steelhead, or striped bass taken in California waters by gill net.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 3. Nets [8601 - 8890] ( Chapter 3 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 5. Gill and Trammel Nets [8680 - 8700] ( Heading of Article 5 amended by Stats. 1983, Ch. 1300, Sec. 12. ) ## 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. (Added by Stats. 1980, Ch. 393, Sec. 2. Effective July 11, 1980.)
  158. 8685.7.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 3. Nets [8601 - 8890] ( Chapter 3 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 5. Gill and Trammel Nets [8680 - 8700] ( Heading of Article 5 amended by Stats. 1983, Ch. 1300, Sec. 12. )

    Verify source ↗

    A person must not knowingly buy salmon, steelhead, or striped bass taken in California waters with a gill net.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 3. Nets [8601 - 8890] ( Chapter 3 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 5. Gill and Trammel Nets [8680 - 8700] ( Heading of Article 5 amended by Stats. 1983, Ch. 1300, Sec. 12. ) ## 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. (Added by Stats. 1982, Ch. 1079, Sec. 1.)
  159. 8686.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 3. Nets [8601 - 8890] ( Chapter 3 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 5. Gill and Trammel Nets [8680 - 8700] ( Heading of Article 5 amended by Stats. 1983, Ch. 1300, Sec. 12. )

    Verify source ↗

    In the listed districts, people may not possess gill or trammel nets with meshes larger than 1 3/4 inches, unless commission regulations allow it.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 3. Nets [8601 - 8890] ( Chapter 3 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 5. Gill and Trammel Nets [8680 - 8700] ( Heading of Article 5 amended by Stats. 1983, Ch. 1300, Sec. 12. ) ## 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. (Enacted by Stats. 1957, Ch. 456.)
  160. 8687.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 3. Nets [8601 - 8890] ( Chapter 3 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 5. Gill and Trammel Nets [8680 - 8700] ( Heading of Article 5 amended by Stats. 1983, Ch. 1300, Sec. 12. )

    Verify source ↗

    Drift gill nets may be used in Districts 6 through 10, unless another provision in the code says otherwise.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 3. Nets [8601 - 8890] ( Chapter 3 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 5. Gill and Trammel Nets [8680 - 8700] ( Heading of Article 5 amended by Stats. 1983, Ch. 1300, Sec. 12. ) ## 8687. Except as otherwise provided in this code, drift gill nets may be used in Districts 6, 7, 8, 9, and 10. (Amended by Stats. 1984, Ch. 203, Sec. 8. Effective June 20, 1984.)
  161. 8688.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 3. Nets [8601 - 8890] ( Chapter 3 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 5. Gill and Trammel Nets [8680 - 8700] ( Heading of Article 5 amended by Stats. 1983, Ch. 1300, Sec. 12. )

    Verify source ↗

    In Districts 11, 12, and 13, gill nets may be used only to take herring, and possession of gill nets on boats is generally banned unless the person has a valid permit and the boat is specifically authorized during open seasons set by the commission.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 3. Nets [8601 - 8890] ( Chapter 3 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 5. Gill and Trammel Nets [8680 - 8700] ( Heading of Article 5 amended by Stats. 1983, Ch. 1300, Sec. 12. ) ## 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. (Amended by Stats. 1991, Ch. 485, Sec. 4. Effective October 4, 1991.)
  162. 8691.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 3. Nets [8601 - 8890] ( Chapter 3 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 5. Gill and Trammel Nets [8680 - 8700] ( Heading of Article 5 amended by Stats. 1983, Ch. 1300, Sec. 12. )

    Verify source ↗

    Set gill nets and trammel nets with mesh smaller than 4 1/8 inches must not be used or possessed on boats taking rockfish or lingcod in specified ocean waters.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 3. Nets [8601 - 8890] ( Chapter 3 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 5. Gill and Trammel Nets [8680 - 8700] ( Heading of Article 5 amended by Stats. 1983, Ch. 1300, Sec. 12. ) ## 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. (Added by Stats. 1988, Ch. 1511, Sec. 4.)
  163. 8692.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 3. Nets [8601 - 8890] ( Chapter 3 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 5. Gill and Trammel Nets [8680 - 8700] ( Heading of Article 5 amended by Stats. 1983, Ch. 1300, Sec. 12. )

    Verify source ↗

    Using gill nets to take rockfish or lingcod is unlawful in two specified Monterey County waters areas, subject to depth limits.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 3. Nets [8601 - 8890] ( Chapter 3 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 5. Gill and Trammel Nets [8680 - 8700] ( Heading of Article 5 amended by Stats. 1983, Ch. 1300, Sec. 12. ) ## 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. (Added by Stats. 1986, Ch. 1248, Sec. 2.)
  164. 8692.5.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 3. Nets [8601 - 8890] ( Chapter 3 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 5. Gill and Trammel Nets [8680 - 8700] ( Heading of Article 5 amended by Stats. 1983, Ch. 1300, Sec. 12. )

    Verify source ↗

    A vessel may not fish more than 1,250 fathoms (7,500 feet) of gill or trammel net in combination each day for lingcod in ocean waters.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 3. Nets [8601 - 8890] ( Chapter 3 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 5. Gill and Trammel Nets [8680 - 8700] ( Heading of Article 5 amended by Stats. 1983, Ch. 1300, Sec. 12. ) ## 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. (Amended by Stats. 1992, Ch. 94, Sec. 14. Effective January 1, 1993.)
  165. 8693.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 3. Nets [8601 - 8890] ( Chapter 3 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 5. Gill and Trammel Nets [8680 - 8700] ( Heading of Article 5 amended by Stats. 1983, Ch. 1300, Sec. 12. )

    Verify source ↗

    This section allows certain gill nets to be used in specified districts, but sets detailed restrictions on taking salmon, rockfish, and lingcod, including location, depth, and mesh-size limits.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 3. Nets [8601 - 8890] ( Chapter 3 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 5. Gill and Trammel Nets [8680 - 8700] ( Heading of Article 5 amended by Stats. 1983, Ch. 1300, Sec. 12. ) ## 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 41/8 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. (Amended by Stats. 1988, Ch. 589, Sec. 3.)
  166. 8694.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 3. Nets [8601 - 8890] ( Chapter 3 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 5. Gill and Trammel Nets [8680 - 8700] ( Heading of Article 5 amended by Stats. 1983, Ch. 1300, Sec. 12. )

    Verify source ↗

    In District 19A, gill nets may not be used or possessed on any boat.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 3. Nets [8601 - 8890] ( Chapter 3 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 5. Gill and Trammel Nets [8680 - 8700] ( Heading of Article 5 amended by Stats. 1983, Ch. 1300, Sec. 12. ) ## 8694. In District 19A, gill nets may not be used, nor may they be possessed on any boat. (Enacted by Stats. 1957, Ch. 456.)
  167. 8696.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 3. Nets [8601 - 8890] ( Chapter 3 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 5. Gill and Trammel Nets [8680 - 8700] ( Heading of Article 5 amended by Stats. 1983, Ch. 1300, Sec. 12. )

    Verify source ↗

    Gill nets may be used south of a specified line, except for taking salmon, unless another provision says otherwise.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 3. Nets [8601 - 8890] ( Chapter 3 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 5. Gill and Trammel Nets [8680 - 8700] ( Heading of Article 5 amended by Stats. 1983, Ch. 1300, Sec. 12. ) ## 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. (Amended by Stats. 1985, Ch. 1442, Sec. 14.)
  168. 8700.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 3. Nets [8601 - 8890] ( Chapter 3 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 5. Gill and Trammel Nets [8680 - 8700] ( Heading of Article 5 amended by Stats. 1983, Ch. 1300, Sec. 12. )

    Verify source ↗

    If a line used on a gill net tends to make the web bag or hang slack, the net loses its identity as a gill net and becomes a trammel net.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 3. Nets [8601 - 8890] ( Chapter 3 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 5. Gill and Trammel Nets [8680 - 8700] ( Heading of Article 5 amended by Stats. 1983, Ch. 1300, Sec. 12. ) ## 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. (Enacted by Stats. 1957, Ch. 456.)
  169. 8720.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 3. Nets [8601 - 8890] ( Chapter 3 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 6. Trammel Nets [8720 - 8725] ( Article 6 enacted by Stats. 1957, Ch. 456. )

    Verify source ↗

    This section defines “trammel net” to include entangling nets made with more than one wall of webbing.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 3. Nets [8601 - 8890] ( Chapter 3 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 6. Trammel Nets [8720 - 8725] ( Article 6 enacted by Stats. 1957, Ch. 456. ) ## 8720. “Trammel net” includes entangling nets constructed of more than one wall of webbing. (Enacted by Stats. 1957, Ch. 456.)
  170. 8721.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 3. Nets [8601 - 8890] ( Chapter 3 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 6. Trammel Nets [8720 - 8725] ( Article 6 enacted by Stats. 1957, Ch. 456. )

    Verify source ↗

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

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 3. Nets [8601 - 8890] ( Chapter 3 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 6. Trammel Nets [8720 - 8725] ( Article 6 enacted by Stats. 1957, Ch. 456. ) ## 8721. In Districts 1, 2, and 3, trammel nets may not be possessed on any boat. (Enacted by Stats. 1957, Ch. 456.)
  171. 8724.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 3. Nets [8601 - 8890] ( Chapter 3 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 6. Trammel Nets [8720 - 8725] ( Article 6 enacted by Stats. 1957, Ch. 456. )

    Verify source ↗

    Trammel nets may be used in Districts 10, 17, 18, and 19 only if the mesh is at least 8.5 inches, but not in District 18 within 750 feet of any pier or jetty, and not for taking salmon.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 3. Nets [8601 - 8890] ( Chapter 3 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 6. Trammel Nets [8720 - 8725] ( Article 6 enacted by Stats. 1957, Ch. 456. ) ## 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. (Repealed (in Sec. 4) and added by Stats. 1988, Ch. 1031, Sec. 5. Section operative August 15, 1989, by its own provisions.)
  172. 8725.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 3. Nets [8601 - 8890] ( Chapter 3 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 6. Trammel Nets [8720 - 8725] ( Article 6 enacted by Stats. 1957, Ch. 456. )

    Verify source ↗

    In District 19A, trammel nets may not be used or possessed on any boat.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 3. Nets [8601 - 8890] ( Chapter 3 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 6. Trammel Nets [8720 - 8725] ( Article 6 enacted by Stats. 1957, Ch. 456. ) ## 8725. In District 19A, trammel nets may not be used, nor may they be possessed on any boat. (Enacted by Stats. 1957, Ch. 456.)
  173. 875.

    ## Fish and Game Code - FGC ## DIVISION 2. DEPARTMENT OF FISH AND WILDLIFE [700 - 1958] ( Heading of Division 2 amended by Stats. 2015, Ch. 154, Sec. 21. ) ## CHAPTER 2. Deputies, and Other Employees; County Wardens [850 - 882] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 2. County Fish and Game Wardens [875 - 882] ( Article 2 enacted by Stats. 1957, Ch. 456. )

    Verify source ↗

    County boards of supervisors may, at their discretion, appoint a suitable person to serve as the county fish and game warden for two years from appointment.

    ## Fish and Game Code - FGC ## DIVISION 2. DEPARTMENT OF FISH AND WILDLIFE [700 - 1958] ( Heading of Division 2 amended by Stats. 2015, Ch. 154, Sec. 21. ) ## CHAPTER 2. Deputies, and Other Employees; County Wardens [850 - 882] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 2. County Fish and Game Wardens [875 - 882] ( Article 2 enacted by Stats. 1957, Ch. 456. ) ## 875. The board of supervisors of each county may, in its discretion, appoint a suitable person to serve for a period of two years from the date of his appointment as fish and game warden of the county. (Enacted by Stats. 1957, Ch. 456.)
  174. 8750.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 3. Nets [8601 - 8890] ( Chapter 3 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 7. Round Haul Nets [8750 - 8757] ( Article 7 enacted by Stats. 1957, Ch. 456. )

    Verify source ↗

    This article defines “round haul nets” to mean circle seines, including purse seines, ring or half ring nets, and lampara nets.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 3. Nets [8601 - 8890] ( Chapter 3 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 7. Round Haul Nets [8750 - 8757] ( Article 7 enacted by Stats. 1957, Ch. 456. ) ## 8750. As used in this article, “round haul nets” are circle seines, and include purse seines and ring or half ring, and lampara nets. (Enacted by Stats. 1957, Ch. 456.)
  175. 8751.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 3. Nets [8601 - 8890] ( Chapter 3 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 7. Round Haul Nets [8750 - 8757] ( Article 7 enacted by Stats. 1957, Ch. 456. )

    Verify source ↗

    In Districts 1, 2, and 3, round haul nets may not be possessed on any boat, with stated exceptions for part of District 3 in the Moss Landing Harbor District and part of District 2 in Marin County.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 3. Nets [8601 - 8890] ( Chapter 3 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 7. Round Haul Nets [8750 - 8757] ( Article 7 enacted by Stats. 1957, Ch. 456. ) ## 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. (Amended by Stats. 1976, Ch. 882.)
  176. 8752.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 3. Nets [8601 - 8890] ( Chapter 3 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 7. Round Haul Nets [8750 - 8757] ( Article 7 enacted by Stats. 1957, Ch. 456. )

    Verify source ↗

    In Districts 6 through 11, round haul nets may be used.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 3. Nets [8601 - 8890] ( Chapter 3 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 7. Round Haul Nets [8750 - 8757] ( Article 7 enacted by Stats. 1957, Ch. 456. ) ## 8752. In Districts 6, 7, 8, 9, 10, and 11, round haul nets may be used. (Amended by Stats. 2023, Ch. 132, Sec. 168. (AB 1760) Effective January 1, 2024.)
  177. 8754.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 3. Nets [8601 - 8890] ( Chapter 3 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 7. Round Haul Nets [8750 - 8757] ( Article 7 enacted by Stats. 1957, Ch. 456. )

    Verify source ↗

    Round haul nets may be used in Districts 16, 17, 18, and 19, but purse seines and ring nets are restricted in specified parts of District 19 during certain dates and times.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 3. Nets [8601 - 8890] ( Chapter 3 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 7. Round Haul Nets [8750 - 8757] ( Article 7 enacted by Stats. 1957, Ch. 456. ) ## 8754. (a) In Districts 16, 17, 18, and 19, 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. (b) Purse seine or ring nets may not be used from May 1 to September 10, inclusive, in the following portions of District 19: (1) Within a two-mile radius of Dana Point. (2) Within a two-mile radius of San Mateo Point. (3) 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. (Amended by Stats. 2023, Ch. 132, Sec. 169. (AB 1760) Effective January 1, 2024.)
  178. 8755.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 3. Nets [8601 - 8890] ( Chapter 3 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 7. Round Haul Nets [8750 - 8757] ( Article 7 enacted by Stats. 1957, Ch. 456. )

    Verify source ↗

    Round haul nets may be used in Districts 20A and 21, and in District 20 except during specified time-and-place restrictions. The section also says those restrictions do not limit anchorage use of the waters.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 3. Nets [8601 - 8890] ( Chapter 3 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 7. Round Haul Nets [8750 - 8757] ( Article 7 enacted by Stats. 1957, Ch. 456. ) ## 8755. (a) In Districts 20A and 21, round haul nets may be used. (b) In District 20, round haul nets may be used, except (1) from sunrise Saturday to sunset Sunday, in the area 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 1 and ending on September 10 in each year, in the area 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. (c) Subdivision (b) shall not be construed as restricting the right to use the waters therein specified for anchorage of vessels at any time. (Amended by Stats. 2023, Ch. 132, Sec. 170. (AB 1760) Effective January 1, 2024.)
  179. 8756.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 3. Nets [8601 - 8890] ( Chapter 3 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 7. Round Haul Nets [8750 - 8757] ( Article 7 enacted by Stats. 1957, Ch. 456. )

    Verify source ↗

    Round haul nets may not be used to take salmon, steelhead, striped bass, or shad.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 3. Nets [8601 - 8890] ( Chapter 3 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 7. Round Haul Nets [8750 - 8757] ( Article 7 enacted by Stats. 1957, Ch. 456. ) ## 8756. Salmon, steelhead, striped bass, or shad may not be taken with round haul nets. (Amended by Stats. 2023, Ch. 132, Sec. 171. (AB 1760) Effective January 1, 2024.)
  180. 8757.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 3. Nets [8601 - 8890] ( Chapter 3 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 7. Round Haul Nets [8750 - 8757] ( Article 7 enacted by Stats. 1957, Ch. 456. )

    Verify source ↗

    Round haul nets may be used in certain closed areas and in Districts 19A and 19B, but only for live bait use or sale, with a 750-foot pier restriction in Districts 19A and 19B and a ban on buying, selling, or possessing dead fish taken under this section in a place of business that buys, sells, or processes fish.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 3. Nets [8601 - 8890] ( Chapter 3 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 7. Round Haul Nets [8750 - 8757] ( Article 7 enacted by Stats. 1957, Ch. 456. ) ## 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. (Amended by Stats. 1995, Ch. 371, Sec. 3. Effective January 1, 1996.)
  181. 876.

    ## Fish and Game Code - FGC ## DIVISION 2. DEPARTMENT OF FISH AND WILDLIFE [700 - 1958] ( Heading of Division 2 amended by Stats. 2015, Ch. 154, Sec. 21. ) ## CHAPTER 2. Deputies, and Other Employees; County Wardens [850 - 882] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 2. County Fish and Game Wardens [875 - 882] ( Article 2 enacted by Stats. 1957, Ch. 456. )

    Verify source ↗

    The board of supervisors must set the salary and expenses for the county fish and game warden.

    ## Fish and Game Code - FGC ## DIVISION 2. DEPARTMENT OF FISH AND WILDLIFE [700 - 1958] ( Heading of Division 2 amended by Stats. 2015, Ch. 154, Sec. 21. ) ## CHAPTER 2. Deputies, and Other Employees; County Wardens [850 - 882] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 2. County Fish and Game Wardens [875 - 882] ( Article 2 enacted by Stats. 1957, Ch. 456. ) ## 876. The board of supervisors shall fix the salary to be paid and the expenses to be allowed the county fish and game warden, which salary and expenses shall be paid from the county treasury. (Enacted by Stats. 1957, Ch. 456.)
  182. 877.

    ## Fish and Game Code - FGC ## DIVISION 2. DEPARTMENT OF FISH AND WILDLIFE [700 - 1958] ( Heading of Division 2 amended by Stats. 2015, Ch. 154, Sec. 21. ) ## CHAPTER 2. Deputies, and Other Employees; County Wardens [850 - 882] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 2. County Fish and Game Wardens [875 - 882] ( Article 2 enacted by Stats. 1957, Ch. 456. )

    Verify source ↗

    The board may remove the warden at any time by a majority vote of its members.

    ## Fish and Game Code - FGC ## DIVISION 2. DEPARTMENT OF FISH AND WILDLIFE [700 - 1958] ( Heading of Division 2 amended by Stats. 2015, Ch. 154, Sec. 21. ) ## CHAPTER 2. Deputies, and Other Employees; County Wardens [850 - 882] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 2. County Fish and Game Wardens [875 - 882] ( Article 2 enacted by Stats. 1957, Ch. 456. ) ## 877. The board may by a majority vote of its members remove the warden at any time. (Enacted by Stats. 1957, Ch. 456.)
  183. 878.

    ## Fish and Game Code - FGC ## DIVISION 2. DEPARTMENT OF FISH AND WILDLIFE [700 - 1958] ( Heading of Division 2 amended by Stats. 2015, Ch. 154, Sec. 21. ) ## CHAPTER 2. Deputies, and Other Employees; County Wardens [850 - 882] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 2. County Fish and Game Wardens [875 - 882] ( Article 2 enacted by Stats. 1957, Ch. 456. )

    Verify source ↗

    A county fish and game warden must enforce state laws protecting fish and game and has the powers and authority given by law to certain peace officers.

    ## Fish and Game Code - FGC ## DIVISION 2. DEPARTMENT OF FISH AND WILDLIFE [700 - 1958] ( Heading of Division 2 amended by Stats. 2015, Ch. 154, Sec. 21. ) ## CHAPTER 2. Deputies, and Other Employees; County Wardens [850 - 882] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 2. County Fish and Game Wardens [875 - 882] ( Article 2 enacted by Stats. 1957, Ch. 456. ) ## 878. The county fish and game warden shall enforce the state laws relating to the protection of fish and game. The warden has the powers and authority conferred by law upon peace officers listed in Section 830.6 of the Penal Code. (Amended by Stats. 1986, Ch. 817, Sec. 3.)
  184. 8780.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 3. Nets [8601 - 8890] ( Chapter 3 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 8. Bait Nets [8780 - 8780.1] ( Article 8 enacted by Stats. 1957, Ch. 456. )

    Verify source ↗

    This section defines “bait net” and limits how bait nets may be used, including area restrictions, a 750-foot no-use zone near two piers in District 19A, and an 18% by weight limit for incidental other bait fish in certain loads.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 3. Nets [8601 - 8890] ( Chapter 3 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 8. Bait Nets [8780 - 8780.1] ( Article 8 enacted by Stats. 1957, Ch. 456. ) ## 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, 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. (Amended by Stats. 2023, Ch. 132, Sec. 172. (AB 1760) Effective January 1, 2024.)
  185. 8780.1.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 3. Nets [8601 - 8890] ( Chapter 3 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 8. Bait Nets [8780 - 8780.1] ( Article 8 enacted by Stats. 1957, Ch. 456. )

    Verify source ↗

    The commission may adopt regulations governing the use of bait nets if the department recommends it.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 3. Nets [8601 - 8890] ( Chapter 3 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 8. Bait Nets [8780 - 8780.1] ( Article 8 enacted by Stats. 1957, Ch. 456. ) ## 8780.1. The commission may, upon the recommendation of the department, adopt regulations governing the use of bait nets. (Added by Stats. 1999, Ch. 483, Sec. 29. Effective January 1, 2000.)
  186. 879.

    ## Fish and Game Code - FGC ## DIVISION 2. DEPARTMENT OF FISH AND WILDLIFE [700 - 1958] ( Heading of Division 2 amended by Stats. 2015, Ch. 154, Sec. 21. ) ## CHAPTER 2. Deputies, and Other Employees; County Wardens [850 - 882] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 2. County Fish and Game Wardens [875 - 882] ( Article 2 enacted by Stats. 1957, Ch. 456. )

    Verify source ↗

    The county fish and game warden must report quarterly to the board of supervisors and file a copy of the detailed statement with the department.

    ## Fish and Game Code - FGC ## DIVISION 2. DEPARTMENT OF FISH AND WILDLIFE [700 - 1958] ( Heading of Division 2 amended by Stats. 2015, Ch. 154, Sec. 21. ) ## CHAPTER 2. Deputies, and Other Employees; County Wardens [850 - 882] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 2. County Fish and Game Wardens [875 - 882] ( Article 2 enacted by Stats. 1957, Ch. 456. ) ## 879. The county fish and game warden shall report quarterly to the board of supervisors, giving a detailed statement of all arrests made, convictions had and fines collected, and a general statement in regard to the management of his office. A copy of such detailed statement shall, at the same time, be filed with the department. (Enacted by Stats. 1957, Ch. 456.)
  187. 88.

    ## Fish and Game Code - FGC ## DIVISION 0.5. GENERAL PROVISIONS AND DEFINITIONS [1 - 99.5] ( Division 0.5 heading added by Stats. 1998, Ch. 1052, Sec. 2. ) ## CHAPTER 1 General Definitions [1. - 89.5] ( Chapter 1 heading added by Stats. 1998, Ch. 1052, Sec. 2.5. )

    Verify source ↗

    “Transport” includes offering or receiving something for transportation.

    ## Fish and Game Code - FGC ## DIVISION 0.5. GENERAL PROVISIONS AND DEFINITIONS [1 - 99.5] ( Division 0.5 heading added by Stats. 1998, Ch. 1052, Sec. 2. ) ## CHAPTER 1 General Definitions [1. - 89.5] ( Chapter 1 heading added by Stats. 1998, Ch. 1052, Sec. 2.5. ) ## 88. “Transport” includes offer or receive for transportation. (Enacted by Stats. 1957, Ch. 456.)
  188. 880.

    ## Fish and Game Code - FGC ## DIVISION 2. DEPARTMENT OF FISH AND WILDLIFE [700 - 1958] ( Heading of Division 2 amended by Stats. 2015, Ch. 154, Sec. 21. ) ## CHAPTER 2. Deputies, and Other Employees; County Wardens [850 - 882] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 2. County Fish and Game Wardens [875 - 882] ( Article 2 enacted by Stats. 1957, Ch. 456. )

    Verify source ↗

    Each county board of supervisors may, if it chooses, appoint a deputy fish and game warden.

    ## Fish and Game Code - FGC ## DIVISION 2. DEPARTMENT OF FISH AND WILDLIFE [700 - 1958] ( Heading of Division 2 amended by Stats. 2015, Ch. 154, Sec. 21. ) ## CHAPTER 2. Deputies, and Other Employees; County Wardens [850 - 882] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 2. County Fish and Game Wardens [875 - 882] ( Article 2 enacted by Stats. 1957, Ch. 456. ) ## 880. The board of supervisors of each county may, in its discretion, appoint a deputy fish and game warden, to serve at the pleasure of the board. (Enacted by Stats. 1957, Ch. 456.)
  189. 8800.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 3. Nets [8601 - 8890] ( Chapter 3 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 9. Beach Nets [8800 - 8807] ( Article 9 enacted by Stats. 1957, Ch. 456. )

    Verify source ↗

    This section defines “beach net” for this chapter.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 3. Nets [8601 - 8890] ( Chapter 3 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 9. Beach Nets [8800 - 8807] ( Article 9 enacted by Stats. 1957, Ch. 456. ) ## 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. (Enacted by Stats. 1957, Ch. 456.)
  190. 8801.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 3. Nets [8601 - 8890] ( Chapter 3 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 9. Beach Nets [8800 - 8807] ( Article 9 enacted by Stats. 1957, Ch. 456. )

    Verify source ↗

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

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 3. Nets [8601 - 8890] ( Chapter 3 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 9. Beach Nets [8800 - 8807] ( Article 9 enacted by Stats. 1957, Ch. 456. ) ## 8801. In Districts 1, 2, and 3, beach nets may not be possessed on any boat. (Enacted by Stats. 1957, Ch. 456.)
  191. 8802.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 3. Nets [8601 - 8890] ( Chapter 3 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 9. Beach Nets [8800 - 8807] ( Article 9 enacted by Stats. 1957, Ch. 456. )

    Verify source ↗

    Beach nets may be used in Districts 8 and 9.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 3. Nets [8601 - 8890] ( Chapter 3 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 9. Beach Nets [8800 - 8807] ( Article 9 enacted by Stats. 1957, Ch. 456. ) ## 8802. In Districts 8 and 9, beach nets may be used. (Enacted by Stats. 1957, Ch. 456.)
  192. 8803.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 3. Nets [8601 - 8890] ( Chapter 3 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 9. Beach Nets [8800 - 8807] ( Article 9 enacted by Stats. 1957, Ch. 456. )

    Verify source ↗

    In District 10, beach nets may be used only if their meshes are at least 1 1/2 inches long; south of Pt. Lobos, beach nets may be used only if they are no more than 20 feet long, have meshes at least seven-eighths of an inch long, and are used to take surf smelt only.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 3. Nets [8601 - 8890] ( Chapter 3 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 9. Beach Nets [8800 - 8807] ( Article 9 enacted by Stats. 1957, Ch. 456. ) ## 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. (Enacted by Stats. 1957, Ch. 456.)
  193. 8804.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 3. Nets [8601 - 8890] ( Chapter 3 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 9. Beach Nets [8800 - 8807] ( Article 9 enacted by Stats. 1957, Ch. 456. )

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    In District 11, beach nets may be used.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 3. Nets [8601 - 8890] ( Chapter 3 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 9. Beach Nets [8800 - 8807] ( Article 9 enacted by Stats. 1957, Ch. 456. ) ## 8804. In District 11, beach nets may be used. (Enacted by Stats. 1957, Ch. 456.)
  194. 8805.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 3. Nets [8601 - 8890] ( Chapter 3 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 9. Beach Nets [8800 - 8807] ( Article 9 enacted by Stats. 1957, Ch. 456. )

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

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 3. Nets [8601 - 8890] ( Chapter 3 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 9. Beach Nets [8800 - 8807] ( Article 9 enacted by Stats. 1957, Ch. 456. ) ## 8805. In Districts 12 and 13, beach nets may not be possessed on any boat. (Amended by Stats. 1961, Ch. 312.)
  195. 8806.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 3. Nets [8601 - 8890] ( Chapter 3 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 9. Beach Nets [8800 - 8807] ( Article 9 enacted by Stats. 1957, Ch. 456. )

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    Beach nets may not be used in District 18.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 3. Nets [8601 - 8890] ( Chapter 3 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 9. Beach Nets [8800 - 8807] ( Article 9 enacted by Stats. 1957, Ch. 456. ) ## 8806. In District 18, beach nets may not be used. (Enacted by Stats. 1957, Ch. 456.)
  196. 8807.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 3. Nets [8601 - 8890] ( Chapter 3 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 9. Beach Nets [8800 - 8807] ( Article 9 enacted by Stats. 1957, Ch. 456. )

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    In District 19, beach nets with meshes at least 1.5 inches long may be used to take smelt from September 1 to January 31.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 3. Nets [8601 - 8890] ( Chapter 3 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 9. Beach Nets [8800 - 8807] ( Article 9 enacted by Stats. 1957, Ch. 456. ) ## 8807. In District 19, beach nets, the meshes of which are at least 11/2 inches in length, may be used to take smelt between September 1st and January 31st. (Enacted by Stats. 1957, Ch. 456.)
  197. 881.

    ## Fish and Game Code - FGC ## DIVISION 2. DEPARTMENT OF FISH AND WILDLIFE [700 - 1958] ( Heading of Division 2 amended by Stats. 2015, Ch. 154, Sec. 21. ) ## CHAPTER 2. Deputies, and Other Employees; County Wardens [850 - 882] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 2. County Fish and Game Wardens [875 - 882] ( Article 2 enacted by Stats. 1957, Ch. 456. )

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    The deputy has the powers and duties the board provides, and the board may also set the deputy’s salary and expenses.

    ## Fish and Game Code - FGC ## DIVISION 2. DEPARTMENT OF FISH AND WILDLIFE [700 - 1958] ( Heading of Division 2 amended by Stats. 2015, Ch. 154, Sec. 21. ) ## CHAPTER 2. Deputies, and Other Employees; County Wardens [850 - 882] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 2. County Fish and Game Wardens [875 - 882] ( Article 2 enacted by Stats. 1957, Ch. 456. ) ## 881. The deputy shall have such powers, perform such duties, and receive such salary and be entitled to such expenses as the board may provide. (Enacted by Stats. 1957, Ch. 456.)
  198. 882.

    ## Fish and Game Code - FGC ## DIVISION 2. DEPARTMENT OF FISH AND WILDLIFE [700 - 1958] ( Heading of Division 2 amended by Stats. 2015, Ch. 154, Sec. 21. ) ## CHAPTER 2. Deputies, and Other Employees; County Wardens [850 - 882] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 2. County Fish and Game Wardens [875 - 882] ( Article 2 enacted by Stats. 1957, Ch. 456. )

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    The county treasury must pay a deputy county fish and game warden’s salary and expenses.

    ## Fish and Game Code - FGC ## DIVISION 2. DEPARTMENT OF FISH AND WILDLIFE [700 - 1958] ( Heading of Division 2 amended by Stats. 2015, Ch. 154, Sec. 21. ) ## CHAPTER 2. Deputies, and Other Employees; County Wardens [850 - 882] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 2. County Fish and Game Wardens [875 - 882] ( Article 2 enacted by Stats. 1957, Ch. 456. ) ## 882. The salary and expenses of a deputy county fish and game warden shall be paid from the county treasury. (Enacted by Stats. 1957, Ch. 456.)
  199. 8830.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 3. Nets [8601 - 8890] ( Chapter 3 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 10. Trawl Nets [8830 - 8843] ( Article 10 enacted by Stats. 1957, Ch. 456. )

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    A trawl net is defined, and trawl net use must conform to federal groundfish regulations unless this article provides otherwise.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 3. Nets [8601 - 8890] ( Chapter 3 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 10. Trawl Nets [8830 - 8843] ( Article 10 enacted by Stats. 1957, Ch. 456. ) ## 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.). (Repealed and added by Stats. 1983, Ch. 1048, Sec. 10. Effective September 26, 1983.)
  200. 8831.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 3. Nets [8601 - 8890] ( Chapter 3 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 10. Trawl Nets [8830 - 8843] ( Article 10 enacted by Stats. 1957, Ch. 456. )

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    A person must not use a trawl net with meshes smaller than 4.5 inches, unless an exception in this article or applicable federal groundfish regulations applies.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 3. COMMERCIAL FISHING [7600 - 9101] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 3. Nets [8601 - 8890] ( Chapter 3 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 10. Trawl Nets [8830 - 8843] ( Article 10 enacted by Stats. 1957, Ch. 456. ) ## 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.). (Amended by Stats. 1983, Ch. 1048, Sec. 12. Effective September 26, 1983.)

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