California Code of Regulations
Title 14 - Natural Resources
Division 1 - Fish and Game Commission-Department of Fish and Game
Subdivision 1 - Fish, Amphibians and Reptiles
Chapter 4 - Ocean Fishing
Article 1 - Ocean and San Francisco Bay District
Ocean Waters with Restricted Fishing
Section 27.20 - Groundfish Management Areas, Seasons, Depths, Exceptions, and Fishery Closure/Rule Change Process Described

Universal Citation: 14 CA Code of Regs 27.20

Current through Register 2024 Notice Reg. No. 38, September 20, 2024

Regulations that follow in sections 27.25 through 27.50 define fishing seasons and depth constraints 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.

(B) Federal groundfish exempt from seasons and depth constraints: "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 constraints 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.

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.

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