§ 163.1. Harvest of Pacific Herring.
14 CA ADC § 163.1BARCLAYS 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 6. Fish, Commercial (Refs & Annos)
14 CCR § 163.1
§ 163.1. Harvest of Pacific Herring.
(a) Areas. Pacific Herring (herring) may be taken for commercial purposes only in the following areas:
(1) San Francisco Bay. San Francisco Bay is defined as the waters of Fish and Wildlife Districts (District) 11, 12 and 13.
(A) No net shall be set or operated to a point of land above mean lower low water or within 300 feet of the following piers and recreation areas: Berkeley Pier, Paradise Pier, San Francisco Municipal Pier between the foot of Hyde Street and Van Ness Avenue, Pier 7 (San Francisco), Candlestick Point State Recreation Area, the jetties in Horseshoe Bay, and the fishing pier at Fort Baker. No net shall be set or operated within 70 feet of the Mission Rock Pier.
(B) No nets shall be set or operated in the following areas:
1. Belvedere Cove north of a line drawn from the tip of Peninsula Point (37o 51' 43” N, 122o 27' 28” W) to the tip of Elephant Rock (southwest of Pt. Tiburon at 37o 52' 19” N, 122o 27' 03” W).
2. No gill nets shall be set or operated inside the perimeter of the area bounded as follows: beginning at the middle anchorage of the western section of the Oakland Bay Bridge (Tower C at 37o 47' 54” N, 122o 22' 40” W) and then in a direct line southeasterly to the Lash Terminal buoy #5 (G “5” buoy, flashing green 4s at 37o 44' 23” N, 122o 21' 36” W), and then in a direct line southeasterly to the easternmost point at Hunter's Point (Point Avisadero at 37o 43' 44” N, 122o 21' 26” W) and then in a direct line northeasterly to the Anchorage #9 buoy “A” (Y “A” buoy, flashing yellow 4s at 37o 44' 46” N, 122o 19' 25” W) and then in a direct line northwesterly to the Alameda N.A.S. entrance buoy #1 (G “1” buoy, flashing green 4s at the entrance to Alameda Carrier Channel (37o 46' 38” N, 122o 20' 27” W) and then in a direct line northwesterly to the Oakland Harbor Bar Channel buoy #1 (G “1” buoy, flashing green 2.5s at 37o 48' 15” N, 122o 21' 23” W) and then in a direct line southwesterly to the point of beginning, Oakland Bay Bridge (Tower C at 37o 47' 54” N, 122o 22' 4” W).
(2) Tomales Bay. Tomales Bay is defined as the waters of District 10 lying south of a line drawn west, 252o magnetic, from the western tip of Tom's Point 38o 12' 53” N, 122o 57' 11” W) to the opposite shore (38o 12' 44” N, 122o 57' 42” W).
(3) Humboldt Bay. Humboldt Bay is defined as the waters of Districts 8 and 9.
(4) Crescent City. Crescent City is defined as Crescent City Harbor and that area of the waters of District 6 less than 20 fathoms in depth between two nautical measure lines drawn due east and west true from Point Saint George (41o 47' 07” N, 124o 15' 16” W) and Sister Rocks (41o 39' 31” N, 124o 08' 43” W).
(5) No boats or nets shall be operated or set in violation of existing state regulations applying to the navigation or operation of fishing vessels in any area including but not limited to San Francisco Bay, Tomales Bay, Humboldt Bay and Crescent City Harbor.
(6) All fishing for herring in ocean waters (except as specified above) is prohibited. An incidental allowance of no more than 10 percent herring by weight of any load composed primarily of other coastal pelagic fish species or market squid may be landed.
(b) Fishing Season.
(1) The season shall be open from 5:00 p.m. on January 2, and close at 12:00 pm on March 15.
(A) If the opening date falls on a Friday or Saturday, fishing shall commence on the first Sunday following January 2 at 5:00 p.m.
(B) If the closing date of the fishery falls on a Saturday or Sunday, fishing shall close on the Friday immediately preceding March 15 at 12:00 pm.
(c) Gear Requirements. herring may be taken via set gill nets that meet the following requirements:
(1) Net Length.
(A) San Francisco Bay herring permit holders and Tomales Bay herring permit holders shall fish no more than a total of two (2) gill nets that are 65 fathoms (one shackle) or less each in length, as measured at the cork line. Temporary permit holders shall fish no more than one (1) gill net that is 65 fathoms (one shackle) or less in length, as measured at the cork line, for each Temporary permit held. Said gill nets shall not exceed 120 meshes in depth.
(B) In Humboldt Bay and Crescent City Harbor, no permittee shall fish in combination more than 150 fathoms of gill net. Said gill nets shall not exceed 120 meshes in depth.
(2) Mesh Length. Length of the mesh shall be the average length of any series of ten (10) consecutive meshes measured from the inside of the first knot and including the last knot when wet after use; the ten (10) meshes, when being measured, shall be an integral part of the net as hung and measured perpendicular to the selvages; measurements shall be made by means of a metal tape measure while ten (10) meshes are suspended vertically under one-pound weight, from a single stainless steel peg or nail of no more than 5/32 inch in diameter.
(A) In San Francisco Bay and Tomales Bay the average length of the meshes of any gill net used or possessed in the fishery shall not be less than 2 or greater than 2 1/2 inches, and the length of any series of ten (10) consecutive meshes as determined by the above specifications shall not be less than 20 inches or greater than 25 inches.
(B) In Humboldt Bay and Crescent City Harbor the length of the meshes of any gill net used or possessed in the fishery shall not be less than 2 1/4 inches or greater than 2 1/2 inches, and the length of any series of ten (10) consecutive meshes as determined by the above specification shall not be less than 22 1/2 inches or greater than 25 inches.
(3) Set gill nets shall be anchored by not less than 35 pounds of weight at each end, including chain; however, at least one-half of the weight must be anchor.
(4) Gill nets shall be marked at both ends with a buoy displaying above its waterline, in Roman alphabet letters and Arabic numerals at least 2 inches high, the official number of the vessel from which such gill net is being fished. Buoys shall be lighted at both ends using matching white or amber lights that may be seen for at least a distance of 100 yards and marked at both ends with matching flags or markers or placards, all of rigid or non-collapsible material of the same color, on a staff at least 3 feet above the water at each end, bearing the fishing vessel number in contrasting 4 inch black letters.
(d) Net Tending. Permitted vessels shall be in the immediate proximity, not exceeding three (3) nautical miles, of any single gill net being fished.
(e) Temporal Closures. Herring fishing is not permitted from noon Friday through 5:00 p.m. Sunday.
(f) Noise. All San Francisco Bay herring permittees, vessel operators, or crew shall recognize city ordinances governing transient noise sources, when fishing within 500 feet of any shoreline with residential dwellings, between the hours of 10:00 p.m. and 7:00 a.m. through implementation of noise reduction measures specified or developed by the herring fishing industry and approved by the department. Noise reduction measures include, but are not limited to: noise dampening devices for shakers and anchor chains, muffled engine exhaust systems, limited use of deck speakers, and/or reduced speed within 500 feet of shore.
(g) Marine Mammals. The use of explosives, seal bombs, or marine mammal deterrent devices in the herring fishery is prohibited.
(h) Retention and Discards. All fish taken by gill nets shall be retained and landed except sturgeon, halibut, salmon, steelhead and striped bass may not be taken by or possessed on any vessel operating under the authority of these regulations. All sturgeon, halibut, salmon, steelhead and striped bass shall be returned immediately to the water.
(i) Notification Requirements.
(1) Permittees shall notify the department using the contact information designated on the permit within 24 hours of beginning fishing for the season.
(2) Permittees shall notify the department using the contact information designated on the permit, within 24 hours if they terminate fishing operations for the season prior to the overall quota being taken.
(i) Landing Requirements.
(1) Herring shall not be landed between the hours of 10:00 p.m. and 6:00 a.m. on weekdays, or from 10:00 p.m. Friday to 6:00 a.m. Monday.
(2) It is unlawful to transfer herring or herring nets from one permittee to another or from one boat to another except that non-motorized lighters may be used, provided they do not carry aboard any gear capable of taking herring, including net reels, and that the catches of not more than one permittee are aboard the lighters at any time. Permit vessels shall not serve as lighters for other permit boats.
(3) A permittee and his/her gear must stay together when delivering fish to market.
(4) Any herring taken for commercial purposes shall only be delivered to a person licensed pursuant to Section 163.5 of these regulations.
(5) The department will estimate from the current catch rate the time at which the herring season catch is estimated to reach any quota established in accordance with Section 55.02(d) of these regulations and will publicly announce that time on VHF/Channel 16. It shall be the responsibility of all permittees to monitor this radio channel at all times. Any announcement made by the department on VHF/Channel 16 shall constitute official notice. All fishing gear must be removed from the water by the announced time terminating fishing operations. The department may announce a temporary closure for the gill net fishery in order to obtain an accurate tally of landings and to allow all boats to unload. If the fishery is reopened, permittees may be limited to equally allotted tonnages to preclude exceeding a quota, as may be announced, and, if necessary, additional time may be granted to reach the quotas.
(6) All herring landed in excess of any established quota shall be forfeited to the department by the signing of a Release of Property form MR-FG-674 (Rev. 5/13), as set forth in subsection 163(c). Such fish shall be sold or disposed of in a manner determined by the department. The proceeds from all such sales shall be paid into the Fish and Game Preservation Fund.
Note: Authority cited: Sections 7071, 7078 and 8550, Fish and Game Code. Reference: Sections 7071, 7078 and 8550, Fish and Game Code.
1. New section filed 12-19-2005; operative 12-19-2005 pursuant to Government Code section 11343.4 (Register 2005, No. 51).
2. Amendment of section heading, section and Note filed 3-27-2006; operative 3-27-2006 pursuant to Government Code section 11343.4 (Register 2006, No. 13).
3. Amendment of section heading, repealer and new section and amendment of Note filed 2-27-2020; operative 3-1-2020 pursuant to Government Code section 11343.4(b)(4)(A) and Fish and Game Code section 265 (Register 2020, No. 9).
This database is current through 11/12/21 Register 2021, No. 46
14 CCR § 163.1, 14 CA ADC § 163.1
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