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§ 27.20. Groundfish Management Areas, Seasons, Depths, Exceptions, and Fishery Closure/Rule Cha...

14 CA ADC § 27.20BARCLAYS OFFICIAL CALIFORNIA CODE OF REGULATIONS

Barclays Official California Code of Regulations Currentness
Title 14. Natural Resources
Division 1. Fish and Game Commission-Department of Fish and Game
Subdivision 1. Fish, Amphibians and Reptiles
Chapter 4. Ocean Fishing
Article 1. Ocean and San Francisco Bay District
Ocean Waters with Restricted Fishing (Refs & Annos)
14 CCR § 27.20
§ 27.20. Groundfish Management Areas, Seasons, Depths, Exceptions, and Fishery Closure/Rule Change Process Described.
Regulations that follow in sections 27.25 through 27.50 define fishing seasons and depth constraints that are effective within each Groundfish Management Area. These sections apply to take and possession of federally-managed groundfish species as defined in Section 1.91 and California sheephead, ocean whitefish, and all greenlings of the genus Hexagrammos, which are state-managed species known to associate with federal groundfish.
(a) Depth Constraints: A depth constraint means that during the open season, the aforementioned species may not be taken or possessed in water depths deeper than the specified depth. Two specific definitions of “depth” apply off California. In waters shallower than 30 fathoms, “depth” is defined by general depth contour lines. In waters equal to or deeper than 30 fathoms, “depth” is defined by approximating a particular depth contour by connecting the appropriate set of waypoints adopted in Federal regulations (50 CFR Part 660, Subpart C).
(b) General Provisions.
(1) Take and Possession: During any open season in any Groundfish Management Area, in waters deeper than where fishing is authorized or within special closure areas established within a Groundfish Management Area, it is unlawful to take or possess the aforementioned species except as provided in subsections (b)(1)(A) through (b)(1)(D) below and sections 27.25 through 27.50 of these regulations.
(A) Transit: The aforementioned species may be possessed aboard a vessel in transit through a closed area with no fishing gear deployed in the water.
(B) “Other Flatfish” as defined in subsection 1.91(a)(10), petrale sole, and starry flounder may be taken or possessed in all depths year-round.
(C) Shore Based Angling: When angling from shore (includes beaches, banks, piers, jetties, breakwaters, docks, and other man-made structures connected to the shore), all species may be taken or possessed year-round (See 27.50(b)(1) for exceptions in the Cowcod Conservation Areas). No vessel or watercraft (motorized or non-motorized) may be used to assist in taking or possessing these species while angling from shore under this provision.
(D) Diving or Spearfishing: When diving or spearfishing, as authorized in Section 28.90, all species may be taken or possessed year-round (See 27.50(b)(2) for exceptions in the Cowcod Conservation Areas). When boat-based groundfish fishing is closed, all types of fishing gear, except spearfishing gear, are prohibited to be aboard the vessel or watercraft (motorized or non-motorized) while spearfishing for the purpose of taking or possessing these species under this provision.
(c) Closed Season: During any closed season in any Groundfish Management Area, it is unlawful to take or possess the aforementioned species regardless of depth except as provided in subsections (b)(1)(A) through (b)(1)(D) above and sections 27.25 through 27.50 of these regulations.
(d) California Rockfish Conservation Area: Within any Groundfish Management Area, waters that are closed for these species during specified times and/or closed in specified depths shall be known as the California Rockfish Conservation Area. See Section 27.51.
(e) Fishery closure and/or rule change: When the department determines, based on the best available scientific information, that an annual harvest limit [optimum yield (OY), annual catch limit (ACL), annual catch target (ACT), recreational harvest guideline, or recreational harvest target] established in regulation by the NOAA Fisheries (National Marine Fisheries Service) for any species of federally-managed groundfish or aggregate group of federal groundfish species has been exceeded or is projected to be exceeded prior to the end of the year or that catches are less than predicted, the following rule changes may occur:
(1) The department may modify the seasons and/or depth constraints for any species of federally-managed groundfish or aggregate group of federal groundfish species, California sheephead, ocean whitefish, and all greenlings of the genus Hexagrammos. Season and/or depth modifications may differ by Groundfish Management Area, time of year, mode of fishing, or gear utilized.
(2) The department may adjust existing bag or sub-bag limits or establish additional bag or sub-bag limits as needed for any species of federally-managed groundfish or aggregate group of federal groundfish species, California sheephead, ocean whitefish, and all greenlings of the genus Hexagrammos. Bag limits may differ by Groundfish Management Area, time of year, mode of fishing, or gear utilized.
(3) The department may adjust existing size limits or establish additional size limits as needed for any species of federally-managed groundfish or aggregate group of federal groundfish species, California sheephead, ocean whitefish, and all greenlings of the genus Hexagrammos. Size limits may differ by Groundfish Management Area, time of year, mode of fishing, or gear utilized.
(f) Notice of closure and/or rule change: The department shall give the public and the NOAA Fisheries no less than 10 calendar days' notice of any fishery closure or rule change implemented pursuant to this Section via a department news release. Anglers and divers are advised to check the current rules before fishing. The latest fishing rules may be found on the department's website at: www.dfg.ca.gov/marine/, or by calling (831) 649-2801 for recorded information, or by contacting a department office.
Note: Authority cited: Sections 200, 205, 265, 702, 7071 and 8587.1, Fish and Game Code. Reference: Sections 200, 205, 265, 1802 and 7071, Fish and Game Code; and 50 CFR Part 660, Subpart G.
HISTORY
1. New section filed 1-18-2007; operative 1-18-2007 pursuant to Government Code section 11343.4(c) (Register 2007, No. 3). For prior history of sections 27.20-27.53, see Register 83, No. 4; Register 87, No. 9 and Register 2005, No. 10.
2. Amendment of section and Note filed 5-9-2008 as an emergency; operative 5-9-2008 (Register 2008, No. 19). A Certificate of Compliance must be transmitted to OAL by 11-5-2008 or emergency language will be repealed by operation of law on the following day.
3. Amendment of subsection (f) and Note filed 8-25-2008 as an emergency; operative 9-2-2008 (Register 2008, No. 35). A Certificate of Compliance must be transmitted to OAL by 2-23-2009 or emergency language will be repealed by operation of law on the following day.
4. Amendment of subsections (a), (b) and (f) and amendment of Note filed 3-3-2009; operative 3-3-2009 pursuant to Government Code section 11343.4 (Register 2009, No. 10).
5. Amendment of subsection (e) and Note filed 6-9-2011; operative 6-9-2011 pursuant to Government Code section 11343.4 (Register 2011, No. 23).
6. Amendment of first paragraph and subsection (a), repealer and new subsection (b), new subsections (b)(1)-(b)(1)(D) and amendment of subsection (c) and Note filed 3-10-2015; operative 3-10-2015 pursuant to Government Code section 11343.4(b)(3) (Register 2015, No. 11).
7. Amendment of subsections (a) and (b)(1)(B) and amendment of Note filed 2-7-2017; operative 2-7-2017 pursuant to Government Code section 11343.4(b)(4) (Register 2017, No. 6).
This database is current through 11/30/18 Register 2018, No. 48
14 CCR § 27.20, 14 CA ADC § 27.20
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