Cal. Code Regs. Tit. 14, § 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 restrictions that are effective within each Groundfish Management Area (GMA). These sections apply to take and possession of federal groundfish species as defined in Section 1.91 and all greenlings of the genus Hexagrammos.

(a) Depth Restrictions: In a GMA the take, retention or possession of certain federal groundfish and all greenlings of the genus Hexagrammos may be authorized or prohibited in waters shallower than, or deeper than, the identified depth restriction depending on the defined areas and seasons specified in sections 27.25 through 27.50. "Depth" is defined by approximating a particular depth contour by connecting the appropriate set of waypoints adopted in Section 35.00 of these regulations for the 20-fathom boundary line, and Federal regulations ( 50 CFR Part 660, Subpart C) for all other depth boundary lines.

(b) General Provisions.

(1) Take or possession of federal groundfish species or species groups and all greenlings of the genus Hexagrammos is authorized or prohibited as provided in subsections (b)(1)(A) through (b)(1)(D) below and sections 27.25 through 27.50 of these regulations.

(A) Anchoring, drifting, or transiting in closed areas: In waters where groundfish species or species groups are closed to take or possession but authorized for take or possession in other areas, those species or species groups may be possessed aboard a vessel that is anchored, drifting, or transiting in or through that closed area. While anchoring, drifting, or transiting through an area closed to take or possession of these groundfish species or species groups, no gear may be deployed other than for the take of crustaceans with hoop nets used pursuant to subsection 29.80(b), Dungeness crab traps used pursuant to subsection 29.80(c), and dip nets used pursuant to Section 28.80.

1. Notwithstanding subsection 27.20(b)(1)(A), it is unlawful to possess a groundfish species or species group within a GMA where the take and possession of those species are prohibited in all waters of that GMA or in excess of the bag limit of that GMA, regardless of if the groundfish species or species group were taken in a different GMA where the take or possession is authorized (refer to sections 27.25 through 27.50, and specific sections beginning with Section 27.60).

(B) Federal groundfish exempt from seasons and depth restrictions: "Other Flatfish" as defined in subsection 1.91(a)(10), petrale sole, starry flounder, California scorpionfish, leopard shark, and the federal groundfish species listed in Section 28.49 may be taken or possessed in all GMAs and depths year-round except as described in subsections 28.49(a) and 28.56(a).

(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, except those listed in subsection 28.55(b)(1), may be taken or possessed year-round. No vessel or watercraft (motorized or non-motorized) may be used to assist in the take, transport or possession of these species under this provision.

(D) Diving or Spearfishing: When diving or spearfishing, as authorized in Section 28.90, all species, except those listed in subsection 28.55(b)(1), may be taken or possessed year-round. 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) when taking or possessing these species under this provision.

(2) Descending Devices: No person shall take or possess any federal groundfish as defined in Section 1.91 and all greenlings of the genus Hexagrammos from any boat or other floating device in ocean waters without having a descending device in possession and available for immediate use to assist in releasing rockfish to the depth of capture.

(c) Closed Season: During any closed season in any GMA, it is unlawful to take or possess all species of rockfish, lingcod, cabezon, and greenlings of the genus Hexagrammos 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 GMA, waters that are closed for certain species or species groups during specified times or closed in specified depths shall be known as the California Rockfish Conservation Area. See Section 27.51.

(e) Fishery closure 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 federal 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 or depth restrictions for any species of federal groundfish or aggregate group of federal groundfish species, and all greenlings of the genus Hexagrammos. Season or depth modifications may differ by 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 federal groundfish or aggregate group of federal groundfish species, and all greenlings of the genus Hexagrammos. Bag limits may differ by 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 federal groundfish or aggregate group of federal groundfish species, and all greenlings of the genus Hexagrammos. Size limits may differ by area, time of year, mode of fishing, or gear utilized.

(f) Notice of closure 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: wildlife.ca.gov/Fishing/Ocean.

Notes

Cal. Code Regs. Tit. 14, § 27.20

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, Sections 660.350, 660.351, 660.352 and 660.360.

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.

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).
8. Amendment filed 12-30-2022; operative 1/1/2023 pursuant to Government Code section 11343.4(b)(4)(B) (Register 2022, No. 52).
9. Amendment of subsections (b)(1)(A) and (b)(1)(C)-(D) and amendment of NOTE filed 10-30-2023 as an emergency; operative 10/30/2023 (Register 2023, No. 44). A Certificate of Compliance must be transmitted to OAL by 4-29-2023 or emergency language will be repealed by operation of law on the following day.
10. Amendment filed 4-19-2024; operative 4/19/2024 pursuant to Government Code section 11343.4(b)(3) (Register 2024, No. 16).
11. Amendment of first paragraph, new subsection (b)(1)(A)1. and amendment of subsections (b)(1)(B) and (e)(1) filed 12-24-2024; operative 1/1/2025 pursuant to Government Code section 11343.4(b)(3) (Register 2024, No. 52).