SECTIONS 8830-8843 - California Statutes

FISH AND GAME CODE

SECTION 8830-8843

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.).

8831. It is unlawful for any person to use any trawl net with
meshes which are less than 4 1/2 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.).

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 mudsuckers, plainfin midshipmen, and
staghorn sculpin only in accordance with regulations which the
commission may prescribe.

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
section, trawl nets and dragnets may be possessed, under such
regulations as the commission shall prescribe, in Districts 4, 19,
19A, 19B, and 21.

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 incidentally with other species with a
trawl net may be possessed and landed if authorized to be taken
incidentally pursuant to Section 663.10 of Part 663 of Title 50 of
the Code of Federal Regulations, pursuant to a permit issued by the
commission under Section 8606, or pursuant to both.

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 operated to take or possess Dungeness
crab, as defined in Section 8275, or to transfer Dungeness crab to
another vessel.

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, including those portions of Monterey Bay,
Estero Bay, and San Luis Obispo Bay which lie within those
districts.

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 webbing, except as authorized by Section
8496 or by the commission.

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 under federal groundfish
regulations adopted pursuant to the Magnuson Fishery Conservation and
Management Act (16 U.S.C., Sec. 1801 et seq.), all chafing gear
shall have a minimum mesh size of six inches, unless only the bottom
one-half, or underside, of the cod-end is covered by chafing gear,
which may be of any size mesh.

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 the Magnuson-Stevens Fishery
Conservation and Management Act (16 U.S.C. Sec. 1801 et seq.) or a
state fishery management plan pursuant to Part 1.7 (commencing with
Section 7050), to ensure that resources are sustainably managed, to
protect the health of ecosystems, and to provide for an orderly
transition to sustainable gear types in situations where bottom
trawling may not be compatible with these goals.
(b) The commission is hereby granted authority to manage all of
the following fisheries in a manner that is consistent with this
section and Part 1.7 (commencing with Section 7050):
(1) California halibut.
(2) Sea cucumber.
(3) Ridge-back, spot, and golden prawn.
(4) Pink shrimp.
(c) The commission is also granted authority over other types of
gear targeting the same species as the bottom trawl fisheries
referenced in subdivision (a) to manage in a manner that is
consistent with the requirements of Part 1.7 (commencing with Section
7050).
(d) Every commercial bottom trawl vessel issued a state permit is
subject to the requirements and policies of the federal groundfish
observer program (50 C.F.R. 660.360).
(e) The commission may only authorize additional fishing areas for
bottom trawls after it determines, based on the best available
scientific information, that bottom trawling in those areas is
sustainable, does not harm bottom habitat, and does not unreasonably
conflict with other users.
(f) It is unlawful to use roller gear more than eight inches in
diameter.
(g) Commencing April 1, 2006, it is unlawful to fish commercially
for prawns or pink shrimp, unless an approved bycatch reduction
device is used with each net. On or before April 1, 2006, the
commission shall approve one or more bycatch reduction devices for
use in the bottom trawl fishery. For purposes of this subdivision, a
rigid grate fish excluder device is the approved type of bycatch
reduction device unless the commission, the Pacific Marine Fishery
Management Council, or the National Marine Fisheries Service
determines that a different type of fish excluder device has an equal
or greater effectiveness at reducing bycatch. If the commission does
not approve a bycatch reduction device prior to April 1, 2006, then
a device that is approved by the Pacific Marine Fishery Management
Council or the National Marine Fisheries Service shall be deemed
approved by the commission.
(h) Except as provided in Section 8495 or 8842, it is unlawful to
engage in bottom trawling in ocean waters of the state.
(i) This section does not apply to the use of trawl nets pursuant
to a scientific research permit.
(j) The commission shall facilitate the conversion of bottom
trawlers to gear that is more sustainable if the commission
determines that conversion will not contribute to overcapacity or
overfishing. The commission may participate in, and encourage
programs that support, conversion to low-impact gear or capacity
reduction by trawl fleets. The department may not issue new permits
to bottom trawlers to replace those retired through a conversion
program.
(k) As soon as practicable, but not later than May 1, 2005, the
commission and the department shall submit to the Pacific Fishery
Management Council and the National Marine Fisheries Service a
request for federal management measures for the pink shrimp fishery
that the commission and the department determine are needed to reduce
bycatch or protect habitat, to account for uncertainty, or to
otherwise ensure consistency with federal groundfish management.
(l) No vessel may utilize bottom trawling gear without a state or
federal permit.

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 regulations adopted by the commission.
Sections 8831, 8833, 8835, and 8836 do not apply to trawl nets
used or possessed under a permit issued pursuant to this section.
(b) Trawling for shrimps or prawns shall be authorized only in
those waters of Districts 6, 7, 10, 17, 18, and 19 that lie not less
than three nautical miles from the nearest point of land on the
mainland shore, and all offshore islands and the boundary line of
District 19A, except that in waters lying between a line extending
due west from False Cape and a line extending due west from Point
Reyes, trawling is allowed not less than two nautical miles from the
nearest point of land on the mainland shore until January 1, 2008.
(c) When fishing for pink shrimp (Pandalus jordani) under a permit
issued pursuant to this section, it is unlawful to possess in excess
of 1,500 pounds of incidentally taken fish per calendar day of a
fishing trip, except Pacific whiting, shortbelly rockfish, and
arrowtooth flounder, which may be taken in any amount not in excess
of federal regulations. No Pacific halibut and not more than 150
pounds of California halibut shall be possessed or landed when
fishing under a permit issued pursuant to this section. When fishing
for ridgeback prawn and spotted prawn under a permit issued pursuant
to this section, it is unlawful to possess in excess of 1,000 pounds
of incidentally taken fish per trip.
(d) Commencing January 1, 2008, the commission shall permit the
taking of pink shrimp not less than two nautical miles from shore in
waters that lie between a line extending due west from False Cape and
a line extending due west from Point Reyes from the nearest point of
land on the mainland shore, if the commission finds that, upon
review of information from the federal groundfish observer program
and other available research and monitoring information that it
determines relevant, the use of trawl gear minimizes bycatch, will
not damage seafloor habitat, will not adversely affect ecosystem
health, and will not impede 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 feasible, and to hard bottom areas and
other substrate that may be particularly sensitive to bottom trawl
impacts in making that finding.

8843. It is unlawful to use any trawl net with cod-end mesh less
than 7 1/2 inches in length and with a cod end less than 29 meshes
long and a circumference of not less than 47 meshes in waters lying
between one and three nautical miles from the mainland shore between
a line running due west (270 true) from Point Arguello and a line
running due south (180 true) from Point Mugu.