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Topic: Compliance?? Good Question...  (Read 2405 times)

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&

  • Sea Lion
  • ****
  • Date Registered: Mar 2005
  • Posts: 6637
Recently, it was suggested that an NCKA member was fishing in a state marine reserve (SMR).  To know whether you are inside or outside of a restricted area, you have to first define the restricted boundary.  The Cal. Code of Regulations ("CCR") provides a good starting reference.  With few exceptions, state agencies like DFG are required to adopt regulations to express how the agency will implement, interpret, or enforce an associated law.  For Marine Protected Areas (MPAs), Marine Managed Areas (MMAs), and Special Closure Zones, one of the relevant regs is set forth in 14 CCR § 632.

Example, if you wanted to fish north of Santa Cruz, Natural Bridges SMR is a restricted area you might come across.  Section 632 defines NBSMR as being "bounded by the mean high tide line and a distance of 200 feet seaward of mean lower low water between 36° 57.90' N. lat. 122° 07.65' W. long and 36° 57.00' N. lat. 122° 03.50' W. long".  

So if I'm interpreting the regs practically, it appears lawful to fish north and near NB if you stay at least 200 feet offshore from the lowest tide line.  Anyone have a competing or contrary construction of the reg?

Section 632 lays out 100 other restricted areas you should be aware of.  More info on Central Coast restrictions can be found at http://www.dfg.ca.gov/MLPA/ccmpas_list.asp.  
« Last Edit: June 19, 2009, 01:22:21 AM by yakuza »


piski

  • Sea Lion
  • ****
  • Location: Dolores Lagoon, SF
  • Date Registered: Jan 2008
  • Posts: 3506
So, in other words, it's getting so complicated, you have to be educated in Law to understand the CA regs, or at least, boundaries...?
Catch & Repeat


PISCEAN

  • no kooks please!
  • Sea Lion
  • ****
  • humming to the bear...
  • Location: th' Doon, CA
  • Date Registered: Jun 2005
  • Posts: 8313
That's how I interpret it. I fish this area once in a while & have printed the applicable regs from the DFG website and keep them in a ziploc in my plano box "just in case".
The regs also detail that transit across or through a closed area with fish & gear aboard is OK, provided no gear is deployed while in the closed area. They separate it by Reserve and Conservation Area, but both allow transit & anchoring across/in a closure area as long as NO gear is deployed.
Ya gotta do what you gotta do to keep fishing legally.....pretty soon we'll need to have an NCKA staff attorney to decipher these things.
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&

  • Sea Lion
  • ****
  • Date Registered: Mar 2005
  • Posts: 6637
Quote
The regs also detail that transit across or through a closed area with fish & gear aboard is OK, provided no gear is deployed while in the closed area. They separate it by Reserve and Conservation Area, but both allow transit & anchoring across/in a closure area as long as NO gear is deployed.

Hmmmm....Check out § 632(a)(1)(A):  "In a state marine reserve, it is unlawful to injure, damage, take, or possess any living, geological, or cultural marine resource, except under a scientific collecting permit issued pursuant to Section 650 or specific authorization from the commission for research, restoration, or monitoring purposes."

Doesn't that mean DFG has authority under the regs to pop you if you've got a stringer on board during transit through a SMR, even if no gear is deployed?  Would they?  I think I've read a few times that they would not.  But it looks like they are authorized to do so??


PISCEAN

  • no kooks please!
  • Sea Lion
  • ****
  • humming to the bear...
  • Location: th' Doon, CA
  • Date Registered: Jun 2005
  • Posts: 8313
However, this is from the Calif DFG FAQ:

Can I travel through or anchor in
an MPA with catch onboard?

Yes, transit and anchoring are allowed.
The language is found in Section 632
(a)(7) and 8 Title 14, California Code of
Regulations:
(7) Anchoring. Vessels shall be allowed to anchor in any marine
protected area or marine managed area with catch onboard
unless otherwise specified in sub-section 632(b), areas and special
regulations for use. Fishing gear shall not be deployed in the
water while anchored in a state marine reserve. Fishing gear,
except legal fishing gear used to take species identified as allowed
for take in sub-section 632(b), shall not be deployed in the water
while anchored in a state marine recreational management area,
state marine park or state marine conservation area. Anchoring
regulations shall be consistent with federal law and allowances
made for anchoring required by emergency or severe weather.
8 Transit or Drifting. Vessels shall be allowed to transit through
marine protected areas and marine managed areas with catch
onboard. Fishing gear shall not be deployed in the water while
transiting through a state marine reserve. Fishing gear, except
legal fishing gear used to take species identified as allowed for
take in sub-section 632(b), shall not be deployed in the water while
transiting through a state marine recreational management area,
state marine park or state marine conservation area.

« Last Edit: June 19, 2009, 11:31:12 AM by PISCEAN »
pronounced "Pie-see-in"
***
"Every day is a fishing day, but not every day is a catching day"-Countryman
***
sponsored by: Piscean Artworks
*****
Randomness rules the universe. Perseverance is the only path to success..but luck sometimes works too.


&

  • Sea Lion
  • ****
  • Date Registered: Mar 2005
  • Posts: 6637
cool, in the clear!


Sin Coast

  • AOTY committee
  • Global Moderator
  • Pat Kuhl
  • Turf Image
  • Location: Mbay
  • Date Registered: Jul 2006
  • Posts: 14710
Section 632 defines NBSMR as being "bounded by the mean high tide line and a distance of 200 feet seaward of mean lower low water between 36° 57.90' N. lat. 122° 07.65' W. long and 36° 57.00' N. lat. 122° 03.50' W. long".  

So if I'm interpreting the regs practically, it appears lawful to fish north and near NB if you stay at least 200 feet offshore from the lowest tide line.  Anyone have a competing or contrary construction of the reg? 

SHHHHH!!! I noticed that little nugget too. But most people just assume the whole area is closed and avoid it completely, especially private boaters. The description of the SMR on the DFG site says the same thing: http://www.dfg.ca.gov/MLPA/ccmpas_list.asp#bridges
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