Section 8495 - Designation; areas where trawl gear prohibited; areas closed to trawling(a) The following areas are designated as the California halibut trawl grounds: (1) The ocean waters lying between one and three nautical miles from the mainland shore lying south and east of a line running due west (270° true) from Point Arguello and north and west of a line running due south (180° true) from Point Mugu.(2) The ocean waters of Monterey Bay delineated by straight lines connecting the following points in the following order and excluding federal waters as defined by the order entered by the United States Supreme Court in the case of United States of America v. State of California, 135 S.Ct. 563 (2014): Latitude | Longitude |
36° 54.146' N | 122° 4.244' W |
36° 52.910' N | 122° 4.225' W |
36° 52.024' N | 122° 2.117' W |
36° 51.680' N | 121° 59.321' W |
36° 52.230' N | 121° 57.810' W |
36° 48.974' N | 121° 52.474' W |
36° 49.835' N | 121° 51.840' W |
36° 54.250' N | 121° 54.883' W |
36° 54.287' N | 121° 58.062' W |
36° 53.956' N | 122° 2.117' W |
(3) The ocean waters offshore of Port San Luis lying between one and three nautical miles from the mainland shore, as described by an area circumscribed by a line connecting the following points in clockwise order, with the line connecting the last two points approximately parallel to the lines connecting the preceding points: Latitude | Longitude |
35° 08' N | 120° 46' W |
35° 08' N | 120° 40.1' W |
35° 06.6' N | 120° 39.2' W |
35° 02.2' N | 120° 39.3' W |
34° 57' N | 120° 40.7' W |
34° 57' N | 120° 43.5' W |
35° 06.4' N | 120° 46' W |
(b) Notwithstanding subdivision (a), the use of trawl gear for the take of fish is prohibited in the following areas of the California halibut trawl grounds:(1) Around Point Arguello. The area from a line extending from Point Arguello true west (270°) and out three miles, to a line extending from Rocky Point true south (180°) and out three miles.(2) Around Point Conception. From a point on land approximately one-half mile north of Point Conception at latitude 34° 27.5' extending seaward true west (270°) from one to three miles, to a point on land approximately one-half mile east of Point Conception at longitude 120° 27.5' extending seaward true south (180°) from one to three miles.(3) In the Hueneme Canyon in that portion demarked by the IMO Vessel Traffic safety zone on NOAA/NOS Chart 18725 and from one mile to the three mile limit of state waters.(4) In Mugu Canyon, from Laguna Point, a line extending true south (180°) and out three miles, to Point Mugu, a line extending true south (180°) and from one to three miles.(c)(1) Notwithstanding subdivision (a), commencing April 1, 2008, the following areas in the California halibut trawl grounds shall be closed to trawling, unless the commission finds that a bottom trawl fishery for halibut minimizes bycatch, is likely not damaging sea floor habitat, is not adversely affecting ecosystem health, and is not impeding reasonable restoration of kelp, coral, or other biogenic habitats: (A) The ocean waters lying between one and three nautical miles from the mainland shore from a point east of a line extending seaward true south (180°) from a point on land approximately one-half mile east of Point Conception at longitude 120° 27.5' to a line extending due south from Gaviota.(B) The ocean waters lying between one and two nautical miles from the mainland shore lying east of a line extending due south from Santa Barbara Point (180°) and west of a line extending due south from Pitas Point (180°).(C) Except as provided in subdivision (b), the ocean waters lying between one and three nautical miles from the mainland shore lying south and east of a line running due west (270° true) from Point Arguello to a line extending seaward true south (180°) from a point on land approximately 1/2 mile east of Point Conception at longitude 120° 27.5', and from the western border of the IMO Vessel Traffic safety zone on NOAA/NOS Chart 18725 in Hueneme Canyon running south and east to a line running due south (180° true) from Point Mugu.(2) In making the finding described in paragraph (1), the commission shall pay special attention to areas where kelp and other biogenic habitats existed and where restoring those habitats is reasonably feasible, and to hard bottom areas and other substrate that may be particularly sensitive to bottom trawl impacts.(d) Notwithstanding subdivision (a), the areas of the halibut trawl grounds identified in paragraphs (2) and (3) of subdivision (a) shall remain closed to trawling until the commission determines that trawling in those areas is consistent with the provisions of this section. At the commission's discretion, a determination pursuant to this subdivision may be made through the review required pursuant to subdivision (e).(e) Commencing January 1, 2008, the commission shall review information every three years from the federal groundfish observer program and other available research and monitoring information it determines relevant, and shall close any areas in the California halibut trawl grounds where it finds that the use of trawl gear does not minimize bycatch, is likely damaging sea floor habitat, is adversely affecting ecosystem health, or impedes reasonable restoration of kelp, coral, or other biogenic habitats. The commission shall pay special attention to areas where kelp and other biogenic habitats existed and where restoring those habitats is reasonably feasible, and to hard bottom areas and other substrate that may be particularly sensitive to bottom trawl impacts in making that finding.(f) Notwithstanding any other law, the commission shall determine the size, weight, and configuration of all parts of the trawl gear, including, but not limited to, net, mesh, doors, appurtenances, and towing equipment as it determines is necessary to ensure trawl gear is used in a sustainable manner within the California halibut trawl grounds.Ca. Fish and Game Code § 8495
Amended by Stats 2018 ch 985 (SB 1309),s 8, eff. 1/1/2019.Amended by Stats 2006 ch 538 (SB 1852),s 189, eff. 1/1/2007.Amended by Stats 2005 ch 334 (AB 1431),s 2, eff. 1/1/2006Amended by Stats 2004 ch 721 (SB 1459),s 3, eff. 1/1/2005