Section 8664.5 Of Article 4. Nets Generally In Particular Districts From California Fish And Game Code >> Division 6. >> Part 3. >> Chapter 3. >> Article 4.
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 3 1/2
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.