CHAPTER 3. Nets [8601. - 8890.]

Chapter 3 enacted by Stats. 1957, Ch. 456.

§§ 8601–8890 · 104 sections

1. ARTICLE 1. Generally §§ 8601–8609 · 10 sections

   • § 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…
   • § 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…
   • § 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…
   • § 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,…
   • § 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…
   • § 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…
   • § 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…
   • § 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…
   • § 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…
   • § 8609 The Legislature finds and declares that: (a) The central California nearshore gill and trammel net fisheries for California halibut (Paralichthys californicus)…
2. ARTICLE 1.4. Marine Resources Protection Act of 1990 §§ 8610.1–8610.16 · 12 sections

   • § 8610.1 The Marine Resources Protection Act of 1990 (Art. XB, Cal. Const.) was adopted as an initiative constitutional amendment at the November 6, 1990, general…
   • § 8610.2 (a) “District” for the purposes of this article and of Article XB of the California Constitution means a fish and game district as defined in this code on…
   • § 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…
   • § 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…
   • § 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…
   • § 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…
   • § 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.
   • § 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…
   • § 8610.13 The penalty for a violation of Section 8610.3 or 8610.4 is as specified in Section 12003.5.
   • § 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…
   • § 8610.15 This article does not preempt or supersede any other closures to protect any other wildlife, including sea otters, whales, and shorebirds.
   • § 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…
3. ARTICLE 2. Nets for Particular Varieties of Fish §§ 8623–8626 · 3 sections

   • § 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,…
   • § 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…
   • § 8626 (a) Notwithstanding Section 8625, and where consistent with the determination made pursuant to subdivisions (b) and (c), the director may reduce the minimum…
4. ARTICLE 3. Seizure §§ 8630–8635 · 6 sections

   • § 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…
   • § 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…
   • § 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…
   • § 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…
   • § 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…
   • § 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…
5. ARTICLE 4. Nets Generally in Particular Districts §§ 8660–8670 · 15 sections

   • § 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…
   • § 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…
   • § 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…
   • § 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…
   • § 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°…
   • § 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…
   • § 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,…
   • § 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…
   • § 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…
   • § 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…
   • § 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…
   • § 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…
   • § 8668 No commercial fishing under Section 8666, 8667, or 8669 shall be carried on within the boundaries of any state or federal game refuge.
   • § 8669 It is unlawful to possess gill nets, seines, or other devices capable of being used to take mullet or carp for commercial purposes, within 500 yards of the…
   • § 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…
6. ARTICLE 5. Gill and Trammel Nets §§ 8680–8700 · 21 sections

   • § 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…
   • § 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…
   • § 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…
   • § 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…
   • § 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…
   • § 8683 The fee for a permit issued pursuant to Section 8681 is three hundred thirty dollars ($330).
   • § 8684 No incidental catch of swordfish or marlin is authorized by this article. Any swordfish or marlin caught incidentally by a gill or trammel net permittee…
   • § 8685 In Districts 1, 2, and 3, gill nets may not be possessed on any boat.
   • § 8685.5 Notwithstanding any other provision of law, gill nets may not be used to take salmon, steelhead, or striped bass.
   • § 8685.6 It is unlawful to sell or possess for sale any salmon, steelhead, or striped bass which were taken in California waters by the use of a gill net.
   • § 8685.7 It is unlawful for any person to knowingly purchase any salmon, steelhead, or striped bass which were taken in California waters by the use of a gill net. For…
   • § 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…
   • § 8687 Except as otherwise provided in this code, drift gill nets may be used in Districts 6, 7, 8, 9, and 10.
   • § 8688 In Districts 11, 12, and 13, gill nets may be used to take only herring, subject to Article 15 (commencing with Section 8550) of Chapter 2. No gill net may be…
   • § 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…
   • § 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…
   • § 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.…
   • § 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.…
   • § 8694 In District 19A, gill nets may not be used, nor may they be possessed on any boat.
   • § 8696 Except as otherwise provided, set gill nets may be used south of a line extending 245° magnetic from the western point of the Point Reyes headlands in Marin…
   • § 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…
7. ARTICLE 6. Trammel Nets §§ 8720–8725 · 4 sections

   • § 8720 “Trammel net” includes entangling nets constructed of more than one wall of webbing.
   • § 8721 In Districts 1, 2, and 3, trammel nets may not be possessed on any boat.
   • § 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,…
   • § 8725 In District 19A, trammel nets may not be used, nor may they be possessed on any boat.
8. ARTICLE 7. Round Haul Nets §§ 8750–8757 · 7 sections

   • § 8750 As used in this article, “round haul nets” are circle seines, and include purse seines and ring or half ring, and lampara nets.
   • § 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…
   • § 8752 In Districts 6, 7, 8, 9, 10, and 11, round haul nets may be used.
   • § 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…
   • § 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,…
   • § 8756 Salmon, steelhead, striped bass, or shad may not be taken with round haul nets.
   • § 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…
9. ARTICLE 8. Bait Nets §§ 8780–8780.1 · 2 sections

   • § 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…
   • § 8780.1 The commission may, upon the recommendation of the department, adopt regulations governing the use of bait nets.
10. ARTICLE 9. Beach Nets §§ 8800–8807 · 8 sections

    • § 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.
    • § 8801 In Districts 1, 2, and 3, beach nets may not be possessed on any boat.
    • § 8802 In Districts 8 and 9, beach nets may be used.
    • § 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…
    • § 8804 In District 11, beach nets may be used.
    • § 8805 In Districts 12 and 13, beach nets may not be possessed on any boat.
    • § 8806 In District 18, beach nets may not be used.
    • § 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.
11. ARTICLE 10. Trawl Nets §§ 8830–8843 · 14 sections

    • § 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.…
    • § 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…
    • § 8832 Trawl nets and Chinese shrimp nets may be used in marine and brackish waters inside of the Golden Gate Bridge to take shrimp, oriental gobies, longjaw…
    • § 8833 (a) In Districts 4, 19, 19A, 20, 20A, and 21, trawl nets or dragnets may not be possessed. (b) Notwithstanding the provisions of subdivision (a) of this…
    • § 8834 It is unlawful to take or possess more than 500 pounds of crabs on any boat on which any type of trawl or drag net is carried or operated.
    • § 8834.1 It is unlawful for any person to possess salmon on board, or to land salmon from, a vessel on which exists any type of trawl net, except that salmon taken…
    • § 8834.5 South of a line extending due west, true, from Point Reyes, it is unlawful for any person on a vessel on which any type of trawl or drag net is carried or…
    • § 8835 In Districts 6, 7, and 10, trawl nets may be used in waters not less than three nautical miles from the nearest point of land on the mainland shore.
    • § 8836 In Districts 17, 18, and 118.5, trawl nets may be used in waters not less than three nautical miles from the nearest point of land on the mainland shore,…
    • § 8837 It is unlawful to use or possess any trawl net that includes any bag or cod-end or modification thereof, other than a bag or cod-end of a single layer of…
    • § 8840 Chafing gear may be used or possessed but shall not be connected directly to the terminal, or closed, end of the cod-end. Except for chafing gear prescribed…
    • § 8841 (a) The commission is hereby granted authority over all state-managed bottom trawl fisheries not managed under a federal fishery management plan pursuant to…
    • § 8842 (a) Trawl nets of a design prescribed by the commission may be used or possessed to take shrimps or prawns under a permit issued by the department under…
    • § 8843 It is unlawful to use any trawl net with cod-end mesh less than 71/2 inches in length and with a cod end less than 29 meshes long and a circumference of not…
12. ARTICLE 11. Dip Nets § 8870 · 1 section

    • § 8870 Dip nets may be used subject to the following restrictions: (a) In Districts 1, 11/2, 2, 3, and 4, dip nets may not be baited, and may not measure more than…
13. ARTICLE 12. Other Nets § 8890 · 1 section

    • § 8890 Baited hoop nets not to exceed three feet in diameter may be used at any time in that portion of District 18 lying south of a line running east and west…