Section 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 (Districts) 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 (37° 51' 43" N, 122° 27' 28" W) to the tip of Elephant Rock (southwest of Pt. Tiburon at 37° 52' 19" N, 122° 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 37° 47' 54" N, 122° 22' 40" W) and then in a direct line southeasterly to the Lash Terminal buoy #5 (G"5" buoy, flashing green 4s at 37° 44' 23" N, 122° 21' 36" W), and then in a direct line southeasterly to the easternmost point at Hunter's Point (Point Avisadero at 37° 43' 44" N, 122° 21' 26" W) and then in a direct line northeasterly to the Anchorage #9 buoy "A" (Y"A" buoy, flashing yellow 4s at 37° 44' 46" N, 122° 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 (37° 46' 38" N, 122° 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 37° 48' 15" N, 122° 21' 23" W) and then in a direct line southwesterly to the point of beginning, Oakland Bay Bridge (Tower C at 37° 47' 54" N, 122° 22' 4" W).(2) Tomales Bay. Tomales Bay is defined as the waters of District 10 lying south of a line drawn west, 252° magnetic, from the western tip of Tom's Point (38° 12' 53" N, 122° 57' 11" W) to the opposite shore (38° 12' 44" N, 122° 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 (41° 47' 07" N, 124° 15' 16" W) and Sister Rocks (41° 39' 31" N, 124° 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 p.m. 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 p.m.(c) Gear Requirements. Herring may be taken via set gill nets or small-scale lampara nets that meet the following requirements:(1) Gill Net Length. (A) San Francisco Bay herring permit holders and Tomales Bay herring permit holders shall fish no more than a total of two 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 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) Gill Net Mesh Length. Length of the mesh shall be the average length of any series of ten consecutive meshes measured from the inside of the first knot and including the last knot when wet after use; the ten 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 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 two nor greater than two and one-half inches, and the length of any series of ten 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 two and one-quarter inches or greater than two and one-half inches, and the length of any series of ten consecutive meshes as determined by the above specification shall not be less than 22.5 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 two 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 three feet above the water at each end, bearing the fishing vessel number in contrasting four-inch black letters.(5) Lampara Gear Requirements. Herring may be fished by small-scale lampara nets only as defined below in Humboldt Bay by Humboldt Bay herring permit holders.(A) Humboldt Bay herring permit holders fishing lampara gear shall fish no more than one lampara net constructed of two wings attached to a single central bag constructed of smaller mesh than and distinct from the wings, with no rings along the lead line or any method of pursing the bottom of the net. Each wing shall not exceed 55 fathoms in length, measured along the cork line from the end of the cork line to the intersection of the wing and the lampara bag, and the cork line of the bag shall not exceed 18 fathoms in length. The height of the wings, measured from the lead line to the float line at the mid-point of the wing, shall not exceed 10 fathoms. No lampara net may be used or possessed onboard any vessel using or possessing gill nets in the fishery.(d) Net Tending. Permitted vessels shall be in the immediate proximity, not exceeding three 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.(1) 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.(2) Only herring may be retained by any vessel fishing lampara nets under the authority of a Humboldt Bay herring permit. Herring shall be removed from the water by hand-operated brail or dip net only and retained onboard the vessel. All other fish wrapped by lampara net shall be immediately released and shall not be removed from the water or retained.(3) All herring wrapped by lampara net in excess of any seasonal quota established by subsection 55.02(d), allotted tonnage established by subsection 163.1(j)(5), or daily landing limit established by subsection 163.1(j)(7) shall be released and shall not be removed from the water or retained.(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.(j) 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 their 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.(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 subsection 55.02(d) 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 herring 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 DFW 1108 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.(7) Any vessel taking herring by lampara gear, described in subsection 163.1(c)(5), shall not possess or make landings in excess of 2,000 pounds of herring per calendar day. Such landings shall be counted along with gill-net landings toward any annual Humboldt Bay herring quota established in accordance with subsection 55.02(d). (A) Herring taken by lampara gear shall not be landed after 12:00 p.m. on February 14 during a fishing season as defined by subsection 163.1(b). If February 14 lands on a Saturday or Sunday, then such herring shall not be landed after 12:00 p.m. on the Friday immediately preceding February 14.Cal. Code Regs. Tit. 14, § 163.1
Note: Authority cited: Sections 7071 and 7078, Fish and Game Code. Reference: Sections 7056, 7071, 7078 and 7087, Fish and Game Code.
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).
4. Amendment of section and Note filed 11-21-2023; operative 1/1/2024 (Register 2023, No. 47).