Cal. Code Regs. Tit. 14, § 182.1 - Commercial Salmon Fishing

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Under the authority of Sections 7652 and 7652.2 of the Fish and Game Code, Section 8210.2 of said Code and Section 182, Title 14, California Code of Regulations are made temporarily inoperative for the period May 1, 1988 through April 30, 1989 and the following provisions are adopted, such provisions to be effective My 1, 1988 through April 30, 1989 and on April 30, 1989 are repealed. Upon expiration of these provisions in any district or portion thereof, Section 8210.2 of the Fish and Game Code shall become effective in such districts or portions or districts.

(a) In Districts 6, 7, 10, 11, 15, 16, 17, 18, and 19, no king (chinook) salmon may be possessed that is less than 26 inches in length and no silver (coho) salmon less than 22 inches, such lengths to be measured from the tip of the snout to the extreme tip of the tail without resorting to any force other than swinging or fanning the tail. Salmon may be taken only by hook and line and there is no bag limit except as modified in subsections (g), (h), (i) and (n) of these regulations.

(b) In Districts 6, 7, 10, 11, 15, 16, 17, 18, and 19, no person shall engage in commercial salmon fishing using other than single barbless hooks. Single barbless hook means a hook with a single shank and point, with no secondary point or barb curving or projecting in any other direction. Hooks manufactured with barbs can be made "barbless" by forcing the point of the barb flat against the main part of the point.

(c) Except as prohibited under Section 8215 of the Fish and Game Code and subsection (j) of these regulations, frozen salmon may be possessed in Districts 6, 7, 10, 11, 15, 16, 17, 18, and 19, and landed in a dressed, head-off condition, subject to the following minimum size limits: king salmon, 19 1/2" in dressed, head-off length; silver salmon, 16 1/2" in dressed, head-off length. Dressed, head-off length is the distance between the mid-point of the clavicle arch and the fork of the tail measured along the lateral line.

(d) In Districts 6, 7, 10, 11, 15, 16, 17, 18, and 19, commercial salmon fishing vessels shall use no more than six troll lines at any time to drag hooks with bait or lures.

(e) In Districts 7, 10, 11, 15, 16, 17, 18, and 19, south of Point Arena (39° 00' 00" N. lat.), under the authority of a commercial fishing license, all salmon species other than silver salmon, which are provided for in subsection (i), may be taken between May 1 and September 30.

(f) In District 7 between Point Arena and Cape Vizcaino (39° 43' 30" N. lat.), under the authority of a commercial fishing license, all salmon species except silver salmon may be taken between May 1 and May 31. In District 7 between Point Arena and Horse Mountain (40° 5' 00" N. lat.), all species other than silver salmon, which are provided for in subsection (i), may be taken from June 5 through September 30, except no commercial salmon fishing is permitted in the area on Thursdays, Fridays or Saturdays from June 9 through July 16.

(g) In District 7 between Cape Vizcaino and Horse Mountain, under the authority of a commercial fishing license, all salmon species except silver salmon may be taken from May 1 through the earlier of May 31 or the date that the Director of the California Department of Fish and Game determines that a total of 8,000 king salmon will be taken, with the following exceptions and restrictions:

(1) No commercial salmon fishing is permitted in the area on Thursdays, Fridays or Saturdays.

(2) All salmon taken or possessed in the area must be landed in the area.

(h) In District 6 and that portion of District 7 north of Punta Gorda (40° 15' 30" N. lat.), under the authority of a commercial fishing license, all salmon species other than silver salmon, which are provided for in subsection (i), may be taken from June 5 through the earlier of August 31 or the date that the Regional Director of the National Marine Fisheries Service (NMFS) determines that a total of 55,500 king salmon will be taken in the commercial fishery since May 1, 1988, in the commercial fishery between Port Orford, in southern Oregon (42° 45' 11" N. lat.) and Punta Gorda, with the following provisions, exceptions and clarifications:

(1) No commercial fishing is permitted in the area on Thursdays, Fridays or Saturdays, and the area is closed to all commercial salmon fishing from June 29 through July 16.

(2) On or about July 27, the Regional Director of the NMFS will determine if the commercial king salmon quota in the area through August 31 can be increased, due to a projected underage in the ocean landings of Klamath River fall king salmon in the following two ocean fisheries, through August 31:

(1) the recreational fishery in the same general area and

(2) the commercial fishery provided for under subsection (g) of these regulations.

(3) The commercial salmon fishing closure specified under subsection (k) of these regulations is in effect.

(i) Silver salmon may be taken for commercial purposes during the same time periods and in the same areas as commercial fishing for all other salmon species is allowed with the following clarifications and exceptions:

(1) The commercial fishing closure specified under subsection (k) of these regulations is in effect.

(2) Commercial fishing for, or possession of, silver salmon is not permitted from May 1 through May 1.

(3) Commercial fishing for silver salmon is prohibited, except as provided under subsection (n), upon the earlier date of the projected attainment of a commercial salmon fishery impact south of Cape Falcon in northern Oregon (45° 46' 00" N. lat.) or Port Orford in southern Oregon of 684,700 or 100,000 fish, respectively, as determined by the Director of the NMFS.

(j) In District 6 and that portion of District 7 north of Point Arena, during all three-day closures, except for the 12-hour period immediately following the closure, no vessel may be underway at sea inside the closed area with salmon on board except if prior notification is given the nearest Coast Guard Station of intent to transport commercially-caught salmon through the closed area. Furthermore, it is unlawful for a vessel with an ocean salmon permit from any state to have troll fishing gear in the water in these districts between May 1 and October 31 during those times that commercial salmon fishing is not permitted.

(k) Notwithstanding any of the provisions of this Section, commercial salmon fishing in Districts 6 and 7 north of Punta Gorda is prohibited for three consecutive days upon attainment of 85 percent of the silver salmon quota for the commercial salmon fishery south of Cape Falcon, as determined by the Regional Director of the NMFS.

(l) Troll fishing gear is defined as one or more lines that drag hooks with bait or lures behind a moving fishing vessel.

(m) In District 6, no salmon may be taken for commercial purposes in state waters off the mouth of the Klamath River within an area bounded on the north by 41° 38' 48" N. latitude (approximately 6 nautical miles north of the Klamath River mouth) and on the south by 41° 26' 48" N. latitude (approximately 6 nautical miles south of the Klamath River mouth).

(n) In Districts 6 and 7 between Trinidad Head (41° 3' 20" N. lat.) and Punta Gorda, under the authority of a commercial fishing license, all salmon species may be taken between September 1 and the earlier of October 31 or the date that the Regional Director of the NMFS determines that a total of 15,000 king salmon will be taken.

(o) It is unlawful for any person to fish for, or take and retain any species of salmon in Districts 6, 7, 10, 11, 15, 16, 17, 18, and 19:

i) during closed seasons or in closed areas;

ii) while possessing on board any species of salmon not allowed to be taken in the area at the time,

iii) once any catch limit is attained; or

iv) by means of gear or methods other than troll fishing gear.

(p) All other provisions, exceptions and restrictions for commercial salmon fishing off California are described in Title 50--Code of Federal Regulations, Part 661.

Notes

Cal. Code Regs. Tit. 14, § 182.1

1. New section filed 4-29-85 as an emergency; designated effective 5-1-85 (Register 85, No. 18). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 8-29-85. For prior history, see Register 85, No. 2.
2. Repealed by operation of Government Code Section 11346.1(g) (Register 85, No. 37).
3. New section filed 8-30-85 as an emergency; effective upon filing (Register 85, No. 37). Expires by own terms on 9-30-85.
4. Expired by own terms (Register 86, No. 18).
5. New section filed 4-30-86 as an emergency; designated effective 5-1-86 (Register 86, No. 18). Expires by own terms on 9-30-86.
6. Section refiled 8-29-86 as an emergency; effective upon filing (Register 86, No. 35). Expires by own terms on 9-30-86.
7. Expired by own terms on 9-30-86 (Register 87, No. 16).
8. New section filed as an emergency 4-15-87; operative upon filing (Register 87, No. 16). Expires by own terms on 9-30-87.
9. Certificate of Compliance transmitted to OAL 8-10-87 and filed 9-2-87 (Register 87, No. 36).
10. Expired by own terms on 9-30-87 (Register 88, No. 18).
11. New section filed 4-29-88 as an emergency; operative 5-1-88 (Register 88, No. 18). Expires by own terms on 4-30-89.
12. Certificate of Compliance filed 8-25-88 (Register 88, No. 39).

Note: Authority cited: Sections 7652 and 7652.2, Fish and Game Code. Reference: Sections 1700, 7600, 7650, 7652 and 7652.2, and 8210.2 Fish and Game Code; Section 182, Title 14, California Code of Regulations; and Title 50, Code of Federal Regulations, Part 661.

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