Section 8664.8 Of Article 4. Nets Generally In Particular Districts From California Fish And Game Code >> Division 6. >> Part 3. >> Chapter 3. >> Article 4.
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 3 1/2 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.