reglab/statecodes huggingface dataset:
2023 California Code › Fish and Game Code - FGC › DIVISION 6 - FISH › PART 3 - COMMERCIAL FISHING › CHAPTER 2 - Particular Varieties of Fish › ARTICLE 16 - Drift Gill Net Shark and Swordfish Fishery › Section 8561.

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.)
2023 California Code › Fish and Game Code - FGC › DIVISION 6 - FISH › PART 3 - COMMERCIAL FISHING › CHAPTER 2 - Particular Varieties of Fish › ARTICLE 16 - Drift Gill Net Shark and Swordfish Fishery › Section 8561.5.

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(Repealed and added by Stats. 2018, Ch. 844, Sec. 5.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.)
2023 California Code › Fish and Game Code - FGC › DIVISION 6 - FISH › PART 3 - COMMERCIAL FISHING › CHAPTER 2 - Particular Varieties of Fish › ARTICLE 16 - Drift Gill Net Shark and Swordfish Fishery › Section 8562.

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.)
2023 California Code › Fish and Game Code - FGC › DIVISION 6 - FISH › PART 3 - COMMERCIAL FISHING › CHAPTER 2 - Particular Varieties of Fish › ARTICLE 16 - Drift Gill Net Shark and Swordfish Fishery › Section 8563.

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.)
2023 California Code › Fish and Game Code - FGC › DIVISION 6 - FISH › PART 3 - COMMERCIAL FISHING › CHAPTER 2 - Particular Varieties of Fish › ARTICLE 16 - Drift Gill Net Shark and Swordfish Fishery › Section 8564.

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.)
2023 California Code › Fish and Game Code - FGC › DIVISION 6 - FISH › PART 3 - COMMERCIAL FISHING › CHAPTER 2 - Particular Varieties of Fish › ARTICLE 16 - Drift Gill Net Shark and Swordfish Fishery › Section 8567.

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.)
2023 California Code › Fish and Game Code - FGC › DIVISION 6 - FISH › PART 3 - COMMERCIAL FISHING › CHAPTER 2 - Particular Varieties of Fish › ARTICLE 16 - Drift Gill Net Shark and Swordfish Fishery › Section 8568.

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.)
2023 California Code › Fish and Game Code - FGC › DIVISION 6 - FISH › PART 3 - COMMERCIAL FISHING › CHAPTER 2 - Particular Varieties of Fish › ARTICLE 16 - Drift Gill Net Shark and Swordfish Fishery › Section 8568.5.

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.)
2023 California Code › Fish and Game Code - FGC › DIVISION 6 - FISH › PART 3 - COMMERCIAL FISHING › CHAPTER 2 - Particular Varieties of Fish › ARTICLE 16 - Drift Gill Net Shark and Swordfish Fishery › Section 8569.

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.)
2023 California Code › Fish and Game Code - FGC › DIVISION 6 - FISH › PART 3 - COMMERCIAL FISHING › CHAPTER 2 - Particular Varieties of Fish › ARTICLE 16 - Drift Gill Net Shark and Swordfish Fishery › Section 8574.

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.)
2023 California Code › Fish and Game Code - FGC › DIVISION 6 - FISH › PART 3 - COMMERCIAL FISHING › CHAPTER 2 - Particular Varieties of Fish › ARTICLE 16 - Drift Gill Net Shark and Swordfish Fishery › Section 8575.

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.)
2023 California Code › Fish and Game Code - FGC › DIVISION 6 - FISH › PART 3 - COMMERCIAL FISHING › CHAPTER 2 - Particular Varieties of Fish › ARTICLE 16 - Drift Gill Net Shark and Swordfish Fishery › Section 8575.5.

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.)
2023 California Code › Fish and Game Code - FGC › DIVISION 6 - FISH › PART 3 - COMMERCIAL FISHING › CHAPTER 2 - Particular Varieties of Fish › ARTICLE 16 - Drift Gill Net Shark and Swordfish Fishery › Section 8576.5.

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.)
2023 California Code › Fish and Game Code - FGC › DIVISION 6 - FISH › PART 3 - COMMERCIAL FISHING › CHAPTER 2 - Particular Varieties of Fish › ARTICLE 16 - Drift Gill Net Shark and Swordfish Fishery › Section 8577.

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.)
2023 California Code › Fish and Game Code - FGC › DIVISION 6 - FISH › PART 3 - COMMERCIAL FISHING › CHAPTER 2 - Particular Varieties of Fish › ARTICLE 16 - Drift Gill Net Shark and Swordfish Fishery › Section 8579.

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.)
2023 California Code › Fish and Game Code - FGC › DIVISION 6 - FISH › PART 3 - COMMERCIAL FISHING › CHAPTER 2 - Particular Varieties of Fish › ARTICLE 16 - Drift Gill Net Shark and Swordfish Fishery › Section 8580.

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.)
2023 California Code › Fish and Game Code - FGC › DIVISION 6 - FISH › PART 3 - COMMERCIAL FISHING › CHAPTER 2 - Particular Varieties of Fish › ARTICLE 16 - Drift Gill Net Shark and Swordfish Fishery › Section 8581.

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.)
2023 California Code › Fish and Game Code - FGC › DIVISION 6 - FISH › PART 3 - COMMERCIAL FISHING › CHAPTER 2 - Particular Varieties of Fish › ARTICLE 16 - Drift Gill Net Shark and Swordfish Fishery › Section 8582.

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.)
2023 California Code › Fish and Game Code - FGC › DIVISION 6 - FISH › PART 3 - COMMERCIAL FISHING › CHAPTER 2 - Particular Varieties of Fish › ARTICLE 16 - Drift Gill Net Shark and Swordfish Fishery › Section 8583.5.

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.)
2023 California Code › Fish and Game Code - FGC › DIVISION 6 - FISH › PART 3 - COMMERCIAL FISHING › CHAPTER 2 - Particular Varieties of Fish › ARTICLE 17 - Nearshore Fisheries Management Act › Section 8585.

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.)
2023 California Code › Fish and Game Code - FGC › DIVISION 6 - FISH › PART 3 - COMMERCIAL FISHING › CHAPTER 2 - Particular Varieties of Fish › ARTICLE 17 - Nearshore Fisheries Management Act › Section 8585.5.

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.)
2023 California Code › Fish and Game Code - FGC › DIVISION 6 - FISH › PART 3 - COMMERCIAL FISHING › CHAPTER 2 - Particular Varieties of Fish › ARTICLE 17 - Nearshore Fisheries Management Act › Section 8586.

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.)
2023 California Code › Fish and Game Code - FGC › DIVISION 6 - FISH › PART 3 - COMMERCIAL FISHING › CHAPTER 2 - Particular Varieties of Fish › ARTICLE 17 - Nearshore Fisheries Management Act › Section 8586.1.

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.)
2023 California Code › Fish and Game Code - FGC › DIVISION 6 - FISH › PART 3 - COMMERCIAL FISHING › CHAPTER 2 - Particular Varieties of Fish › ARTICLE 17 - Nearshore Fisheries Management Act › Section 8587.

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.)
2023 California Code › Fish and Game Code - FGC › DIVISION 6 - FISH › PART 3 - COMMERCIAL FISHING › CHAPTER 2 - Particular Varieties of Fish › ARTICLE 17 - Nearshore Fisheries Management Act › Section 8587.1.

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.)
2023 California Code › Fish and Game Code - FGC › DIVISION 6 - FISH › PART 3 - COMMERCIAL FISHING › CHAPTER 2 - Particular Varieties of Fish › ARTICLE 17 - Nearshore Fisheries Management Act › Section 8589.

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.)
2023 California Code › Fish and Game Code - FGC › DIVISION 6 - FISH › PART 3 - COMMERCIAL FISHING › CHAPTER 2 - Particular Varieties of Fish › ARTICLE 17 - Nearshore Fisheries Management Act › Section 8589.5.

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.)
2023 California Code › Fish and Game Code - FGC › DIVISION 6 - FISH › PART 3 - COMMERCIAL FISHING › CHAPTER 2 - Particular Varieties of Fish › ARTICLE 17 - Nearshore Fisheries Management Act › Section 8589.7.

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.)
2023 California Code › Fish and Game Code - FGC › DIVISION 6 - FISH › PART 3 - COMMERCIAL FISHING › CHAPTER 2 - Particular Varieties of Fish › ARTICLE 18 - Prawns and Shrimp › Section 8590.

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.)
2023 California Code › Fish and Game Code - FGC › DIVISION 6 - FISH › PART 3 - COMMERCIAL FISHING › CHAPTER 2 - Particular Varieties of Fish › ARTICLE 18 - Prawns and Shrimp › Section 8591.

8591. Prawns or shrimp may be taken for commercial purposes under the regulations of the commission.
(Added by Stats. 1984, Ch. 1271, Sec. 18.)
2023 California Code › Fish and Game Code - FGC › DIVISION 6 - FISH › PART 3 - COMMERCIAL FISHING › CHAPTER 2 - Particular Varieties of Fish › ARTICLE 18 - Prawns and Shrimp › Section 8593.

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.)
2023 California Code › Fish and Game Code - FGC › DIVISION 6 - FISH › PART 3 - COMMERCIAL FISHING › CHAPTER 2 - Particular Varieties of Fish › ARTICLE 18 - Prawns and Shrimp › Section 8594.

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.)
2023 California Code › Fish and Game Code - FGC › DIVISION 6 - FISH › PART 3 - COMMERCIAL FISHING › CHAPTER 2 - Particular Varieties of Fish › ARTICLE 18 - Prawns and Shrimp › Section 8595.

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.)
2023 California Code › Fish and Game Code - FGC › DIVISION 6 - FISH › PART 3 - COMMERCIAL FISHING › CHAPTER 2 - Particular Varieties of Fish › ARTICLE 19 - Marine Aquaria Pets › Section 8596.

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.)
2023 California Code › Fish and Game Code - FGC › DIVISION 6 - FISH › PART 3 - COMMERCIAL FISHING › CHAPTER 2 - Particular Varieties of Fish › ARTICLE 19 - Marine Aquaria Pets › Section 8598.

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.)
2023 California Code › Fish and Game Code - FGC › DIVISION 6 - FISH › PART 3 - COMMERCIAL FISHING › CHAPTER 2 - Particular Varieties of Fish › ARTICLE 19 - Marine Aquaria Pets › Section 8598.2.

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.)
2023 California Code › Fish and Game Code - FGC › DIVISION 6 - FISH › PART 3 - COMMERCIAL FISHING › CHAPTER 2 - Particular Varieties of Fish › ARTICLE 19 - Marine Aquaria Pets › Section 8598.3.

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.)
2023 California Code › Fish and Game Code - FGC › DIVISION 6 - FISH › PART 3 - COMMERCIAL FISHING › CHAPTER 2 - Particular Varieties of Fish › ARTICLE 19 - Marine Aquaria Pets › Section 8598.4.

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.)
2023 California Code › Fish and Game Code - FGC › DIVISION 6 - FISH › PART 3 - COMMERCIAL FISHING › CHAPTER 2 - Particular Varieties of Fish › ARTICLE 19 - Marine Aquaria Pets › Section 8598.6.

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.)
2023 California Code › Fish and Game Code - FGC › DIVISION 6 - FISH › PART 3 - COMMERCIAL FISHING › CHAPTER 2 - Particular Varieties of Fish › ARTICLE 20 - White Sharks and Basking Sharks › Section 8599.

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.)
2023 California Code › Fish and Game Code - FGC › DIVISION 6 - FISH › PART 3 - COMMERCIAL FISHING › CHAPTER 2 - Particular Varieties of Fish › ARTICLE 20 - White Sharks and Basking Sharks › Section 8599.3.

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.)
2023 California Code › Fish and Game Code - FGC › DIVISION 6 - FISH › PART 3 - COMMERCIAL FISHING › CHAPTER 2 - Particular Varieties of Fish › ARTICLE 20 - White Sharks and Basking Sharks › Section 8599.4.

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.)
2023 California Code › Fish and Game Code - FGC › DIVISION 6 - FISH › PART 3 - COMMERCIAL FISHING › CHAPTER 3 - Nets › ARTICLE 1 - Generally › Section 8601.

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.)
2023 California Code › Fish and Game Code - FGC › DIVISION 6 - FISH › PART 3 - COMMERCIAL FISHING › CHAPTER 3 - Nets › ARTICLE 1 - Generally › Section 8601.5.

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.)
2023 California Code › Fish and Game Code - FGC › DIVISION 6 - FISH › PART 3 - COMMERCIAL FISHING › CHAPTER 3 - Nets › ARTICLE 1 - Generally › Section 8601.6.

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.)
2023 California Code › Fish and Game Code - FGC › DIVISION 6 - FISH › PART 3 - COMMERCIAL FISHING › CHAPTER 3 - Nets › ARTICLE 1 - Generally › Section 8602.

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.)
2023 California Code › Fish and Game Code - FGC › DIVISION 6 - FISH › PART 3 - COMMERCIAL FISHING › CHAPTER 3 - Nets › ARTICLE 1 - Generally › Section 8603.

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.)
2023 California Code › Fish and Game Code - FGC › DIVISION 6 - FISH › PART 3 - COMMERCIAL FISHING › CHAPTER 3 - Nets › ARTICLE 1 - Generally › Section 8604.

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.)
2023 California Code › Fish and Game Code - FGC › DIVISION 6 - FISH › PART 3 - COMMERCIAL FISHING › CHAPTER 3 - Nets › ARTICLE 1 - Generally › Section 8605.

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.)
2023 California Code › Fish and Game Code - FGC › DIVISION 6 - FISH › PART 3 - COMMERCIAL FISHING › CHAPTER 3 - Nets › ARTICLE 1 - Generally › Section 8607.

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.)
2023 California Code › Fish and Game Code - FGC › DIVISION 6 - FISH › PART 3 - COMMERCIAL FISHING › CHAPTER 3 - Nets › ARTICLE 1 - Generally › Section 8608.

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.)
2023 California Code › Fish and Game Code - FGC › DIVISION 6 - FISH › PART 3 - COMMERCIAL FISHING › CHAPTER 3 - Nets › ARTICLE 1 - Generally › Section 8609.

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.)
2023 California Code › Fish and Game Code - FGC › DIVISION 6 - FISH › PART 3 - COMMERCIAL FISHING › CHAPTER 3 - Nets › ARTICLE 1.4 - Marine Resources Protection Act of 1990 › Section 8610.1.

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.)
2023 California Code › Fish and Game Code - FGC › DIVISION 6 - FISH › PART 3 - COMMERCIAL FISHING › CHAPTER 3 - Nets › ARTICLE 1.4 - Marine Resources Protection Act of 1990 › Section 8610.2.

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.)
2023 California Code › Fish and Game Code - FGC › DIVISION 6 - FISH › PART 3 - COMMERCIAL FISHING › CHAPTER 3 - Nets › ARTICLE 1.4 - Marine Resources Protection Act of 1990 › Section 8610.3.

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.)
2023 California Code › Fish and Game Code - FGC › DIVISION 6 - FISH › PART 3 - COMMERCIAL FISHING › CHAPTER 3 - Nets › ARTICLE 1.4 - Marine Resources Protection Act of 1990 › Section 8610.4.

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.)