Fishing Ocean Pinnacles

November 5, 2015

Question: I have a question regarding fishing offshore banks and pinnacles for rockfish. The regulations state fishing in the Southern Management Area is allowed on the shoreward side of the 60 fathom (360 ft.) depth contour. Does this mean any water shallower than the specified depth contour? For example, there are offshore banks where the pinnacle of the bank is in water less than 360 ft. deep, but there is technically no “shoreward side” of this depth contour. Is fishing for groundfish on offshore banks allowed as long as the depth restrictions are met? (Logan M.)

Answer: No. You can only fish shoreward of the 60 fathom (360 ft.) depth contour line, even if there are banks or pinnacles beyond that are shallower than the depth limit on the ocean side of the depth contour line. You are required to stay on the shoreward side of depth limit lines when fishing for groundfish.

Depth constraints are defined one of two ways. During the open season, groundfish species may only be taken or possessed in water depths shallower than the specified depth (per California Code of Regulations Title 14, section 27.20(a)):

1.    In waters shallower than 30 fathoms, “depth” is defined by general depth contour lines. In waters equal to or deeper than 30 fathoms, “depth” is defined by approximating a particular depth contour by connecting the appropriate set of waypoints adopted in federal regulations (50 Code of Federal Regulations Part 660, Subpart C).

2.   When fishing in waters shoreward of lines approximating the 60-fathom depth contour, since the depth is equal to or deeper than 30 fathoms, the waypoints provided in federal regulations will need to be used to determine the depth contour line (CCR Title 14, section 27.45(b).

Hmmm...?

Hmmm...?

What Pat said. I thought depth was depth period. I guess this is good to know.

I wonder if the answer changes for Mendocino and Northern management areas?  The "shoreward" language is absent and the CFR is not cited.  The regs just say "general depth contour lines", which are uncharted. 

I think pinnacles are fair game up here, and I dont think there is any other way to read the regs.

I forwarded this to someone tasked with enforcing these regs--and awaiting his reply. I will share here if appropriate.
But this one surprised me because I was under the impression that it was measured by the actual depth beneath your boat/kayak...meaning offshore pinnacles are OK. (otherwise the majority of local CPFVs are in violation on a daily basis)

I wonder if the answer changes for Mendocino and Northern management areas?  The "shoreward" language is absent and the CFR is not cited.  The regs just say "general depth contour lines", which are uncharted. 

I think pinnacles are fair game up here, and I dont think there is any other way to read the regs.

You're starting to sound like someone else I know.   

-Allen

Northern Management zone : May be taken or possessed in waters less than 120 ft (20 fm) deep

Mendocino Management zone: May only be taken or possessed in waters less than 120 ft (20 fm) deep

San Francisco Management area : May be taken or possessed in waters less than 180 ft (30 fm) deep4, as defined by connecting the set of waypoints adopted in Federal regulations (50 CFR Part 660 Subpart G)

Central Management area: May be taken or possessed in waters less than 240 ft (40 fm) deep, as defined by connecting the set of waypoints adopted in Federal regulations (50 CFR Part 660, Subpart G)

Southern Management area : May be taken or possessed in waters shoreward of the 360 ft (60 fm) depth contour, defined in Federal regulations (50 CFR Part 660, Subpart G)

Cowcod Management area : May only be taken or possessed in waters less than 120 ft (20 fm) deep

Northern Management zone : May be taken or possessed in waters less than 120 ft (20 fm) deep.

If you were fishing a pinnacle that was 100' and filled your limit, then paddled back across a drop-off that was 220' with a limit in possession, would you be breaking the law?

Only if you had a line in the water...like trolling for salmon or jigging for sanddabs in water deeper than 120 (with rockfish onboard).

Northern Management zone : May be taken or possessed in waters less than 120 ft (20 fm) deep

Mendocino Management zone: May only be taken or possessed in waters less than 120 ft (20 fm) deep

San Francisco Management area : May be taken or possessed in waters less than 180 ft (30 fm) deep4, as defined by connecting the set of waypoints adopted in Federal regulations (50 CFR Part 660 Subpart G)

Central Management area: May be taken or possessed in waters less than 240 ft (40 fm) deep, as defined by connecting the set of waypoints adopted in Federal regulations (50 CFR Part 660, Subpart G)

Southern Management area : May be taken or possessed in waters shoreward of the 360 ft (60 fm) depth contour, defined in Federal regulations (50 CFR Part 660, Subpart G)

Cowcod Management area : May only be taken or possessed in waters less than 120 ft (20 fm) deep

The taken OR possessed part makes me question if possessing a fish in waters deeper than regulation limit is a violation. So if you paddle out to deeper water to reach a pinnacle paddling back thru the deeper water would be a violation if fish are in ur possession?!...especially in the Mendocino zone where the reg says ONLY.