Section § 8601

Explanation

This law explains what a set net or set line is when fishing. A set net or set line is a net or line tied to the ocean floor at both ends and doesn't float with the tide or current. It's specifically used to trap fish in areas like bays, estuaries, or against the shore as the tide goes out. However, it makes clear that fyke nets, shrimp nets, and crab nets are not considered set nets.

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.

Section § 8601.5

Explanation

This law requires that fishermen mark their set nets and lines with buoys showing their ID number, and each section of the net must also be marked with the ID number. These markings must be no more than 45 fathoms apart. If a net is lost or abandoned, the owner may have to pay recovery costs, and their permit could be revoked if they don't comply. Also, if a fisherman loses a net, they must report the loss within 72 hours after returning to port. This report should include details like the date and time of the loss, the location, a description of the net, and both the fisherman’s and the vessel’s identification numbers.

(a)CA Fish And Game Code § 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)CA Fish And Game Code § 8601.5(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)CA Fish And Game Code § 8601.5(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)CA Fish And Game Code § 8601.5(c)(1) The date and time when the set net was lost.
(2)CA Fish And Game Code § 8601.5(c)(2) The location, including depth, where the net was lost.
(3)CA Fish And Game Code § 8601.5(c)(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)CA Fish And Game Code § 8601.5(c)(4) The name and fisherman’s identification number of the person owning the net.
(5)CA Fish And Game Code § 8601.5(c)(5) The name and fisherman’s identification number of the person fishing with the net, if different from paragraph (4).
(6)CA Fish And Game Code § 8601.5(c)(6) The name and California Fish and Game number of the vessel from which the lost net was being fished.

Section § 8601.6

Explanation

This law requires that the bottom part of a fishing net, known as the footrope or leadline, must be weaker than the top part by at least 50 pounds. This rule started being enforced on August 15, 1990.

(a)CA Fish And Game Code § 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)CA Fish And Game Code § 8601.6(b) This section shall become operative on August 15, 1990.

Section § 8602

Explanation

This law explains how to measure the size of net meshes for fishing. You should measure at least four meshes, focusing on the inside of the knots. For nets without knots, measure where the mesh is connected, making sure they're pulled tightly together while measuring.

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.

Section § 8603

Explanation

This law makes it illegal to use any net, trap, line, spear, or similar tool to catch fish unless it's specifically allowed by another part of the law. The law permits only angling, which is fishing with a rod and line, as a legal method for catching fish under normal circumstances.

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.

Section § 8604

Explanation

This law makes it illegal to deliberately damage or interfere with any legally-used fishing equipment in California waters. However, this rule does not apply to department employees doing their job duties.

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.

Section § 8605

Explanation

This law allows the department, or anyone they authorize, to use nets or other equipment to rescue fish stranded in places like sloughs or ponds when flooding or receding water levels have trapped them.

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.

Section § 8607

Explanation

If you have or use nets, traps, or lines for fishing that are regulated by federal laws on groundfish, you cannot have or unload fish that go against those federal rules.

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.

Section § 8608

Explanation

This law allows the commission, following a public hearing, to make rules about using nets near structures like piers and docks for fishing. They can permit nets at least 75 feet from private structures and limit nets within 750 feet of public piers. However, they can't expand this restricted area or ban net usage where it's already permitted by law.

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.

Section § 8609

Explanation

This law section expresses concern about the rapid growth of two specific fishing techniques—nearshore gill and trammel net fishing—for catching California halibut and white croaker. The legislature notes that this increase might be unintentionally harming seabirds and marine mammals, which could threaten their populations.

The Legislature finds and declares that:
(a)CA Fish And Game Code § 8609(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)CA Fish And Game Code § 8609(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.