California Lobster Law


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Posted by Chris on August 27, 2001 at 13:48:31:

7256. Spiny lobster may not be taken under a sport fishing license
except by use of a hoop net or by hand.

8051. (a) The landing tax imposed pursuant to Section 8041 shall be
determined pursuant to Section 8042 by using the tax rates in the
following schedule:
Rate per
pound
(1) All fish, except as otherwise specified
in this section ......................... $0.0013
(2) Mollusks and crustaceans, excluding squid
and crab ................................ .0125
(3) Crab .................................... .0019
(4) Squid ................................... .0019
(5) Salmon, based only on the weight
in the round ............................ .0500
(6) Lobster ................................. .0125
(7) Abalone ................................. .0125
(8) Anchovies ............................... .0013
(9) Sardines ................................ .0063
(10) Mackerel ................................ .0013
(11) Halibut ................................. .0125
(12) Angel shark, based only on the weight
in the round ............................ .0113
(13) Swordfish, based only on the weight
in the round ............................ .0125
(14) Thresher shark, based only on the weight
in the round ............................ .0113
(15) Bonito shark, based only on the weight
in the round ............................ .0113
(16) Herring ................................. .0125
(17) Sea urchin .............................. .0013
(18) The following fish: ..................... .0125
Barracuda
Flying fish
Frogs
Giant sea bass
Saltwater worms
White sea bass
Yellowtail

(b) This section shall become operative on January 1, 1994.

8250. As used in this code, "spiny lobster" refers to the species
Panulirus interruptus.


8250.5. (a) Subject to this article and Article 1 (commencing with
Section 9000) of Chapter 4, a lobster trap, as described in Section
9010, may be used to take lobster for commercial purposes under a
lobster permit issued pursuant to Section 8254.
(b) The following species may be taken incidentally in lobster
traps being fished under the authority of a lobster permit issued
pursuant to Section 8254, and any other species taken incidentally
shall be released:
(1) Crab, other than Dungeness crab.
(2) Kellet's whelk.
(3) Octopus.
(c) Spiny lobsters taken in the manner commonly known as
skindiving or by a person using self-contained underwater breathing
apparatus shall not be sold.


8251. Spiny lobsters may be taken only between the first Wednesday
in October and the first Wednesday after the 15th of March. Lobster
traps may be set and baited 24 hours in advance of the opening date
of the lobster season if no other attempt is made to take or possess
the lobsters.


8252. No spiny lobster less than three and one-quarter inches in
length measured in a straight line from the rear edge of the eye
socket to the rear edge of the body shell, both points to be on the
midline of the back, may be taken, possessed, purchased, or sold.
Every person taking spiny lobster shall carry a measuring device
and shall measure any lobster immediately on removal from his trap
and if it is found to be undersize the lobster shall be returned to
the water immediately.

8253. It is unlawful to pickle, can, or otherwise preserve any
spiny lobster, but spiny lobsters may be preserved by freezing and
may be cooked for consumption in the fresh state.

8254. (a) Lobsters shall not be taken for commercial purposes
except under a valid lobster permit issued to that person that has
not been suspended or revoked, subject to regulations adopted by the
commission.
(b) Every person who takes, assists in taking, possesses, or
transports lobsters for commercial purposes while on any boat, barge,
or vessel, or who uses or operates or assists in using or operating
any boat, net, trap, line, or other appliance to take lobsters for
commercial purposes, shall have a valid lobster permit.
(c) The permit fee for a lobster permit is two hundred sixty-five
dollars ($265).
(d) The fee for a lobster crewmember permit is one hundred
twenty-five dollars ($125). This subdivision shall become operative
on April 1, 1997.


8254.7. When a complaint has been filed in a court of competent
jurisdiction charging a holder of a commercial lobster permit with a
violation of Section 8251 or 8252, and no disposition of the
complaint has occurred within 90 days after it has been filed in the
court, the department may suspend the commercial lobster permit of
the person. The permitholder whose permit was suspended under this
section may, within 10 days after the receipt of the suspension
notice from the department, request a hearing, and, within 20 days
after the request has been made, a hearing shall be held by the
commission. A decision shall be made within a reasonable time on
whether the suspension of the permit shall be terminated or continued
until the disposition of the complaint by the court. In determining
whether to terminate or continue the suspension of the permit, the
commission shall consider whether or not the violation could have a
detrimental effect on the resources and whether or not a continued
suspension of the permit is in the best public interest, and shall
find whether there is sufficient evidence that a violation has
occurred. A failure to make a finding that there is sufficient
evidence that a violation has occurred or a finding that there is
insufficient evidence shall terminate the suspension of the permit
under this section. If the permitholder is acquitted of the charges
or the charges against him or her have been dismissed, any suspension
of the permit is thereby terminated. No complaint shall be filed in
a court charging a commercial lobster permitholder with a violation
of Section 8251 or 8252 unless evidence supporting the charge has
been reviewed by the appropriate county or city prosecuting agency
and a criminal complaint has been issued by that agency.

8257. The permit number of the person owning or in command of any
boat used to take lobster shall be visibly displayed on both sides of
the boat in 10-inch black numbers, one inch wide, on a white
background.


8258. Lobster traps may be used to take spiny lobster in Districts
18, 19, 20A, and those portions of District 20 lying on the southerly
side of Santa Catalina Island between Southeast Rock and China
Point.


8259. Whenever it is necessary to prevent overutilization or to
ensure efficient and economic operation of the fishery, the
commission may limit the number of permits that may be issued
pursuant to this article. As it determines appropriate to protect
the resource, the commission may limit the number of permits on a
statewide basis or within selected geographical areas.


8665. In District 118.5, nets may not be used within 750 feet of
any pier or dock, except for bait nets described in Section 8780 used
to capture live bait and lobster traps authorized for use pursuant
to Section 9010.


9000. (a) Except as expressly authorized in this article, no person
shall use a trap to take any finfish, mollusk, or crustacean in the
waters of this state for commercial purposes.


9006. Any buoy used to mark a trap shall be clearly and
distinctively marked with a buoy identification number, as follows:
(a) The buoy identification number for a lobster trap used to take
lobster under a lobster permit issued pursuant to Section 8254 is
the commercial fishing license number issued to the operator of the
trap pursuant to Section 7852 followed by the letter "P."
(b) The buoy identification number for a trap, which is used under
a general trap permit issued pursuant to Section 9001 or a crab trap
used to take Dungeness crab under Section 9011 is the commercial
fishing license number issued to the operator of the trap pursuant to
Section 7852.
(c) The buoy identification number for a trap used to take finfish
under a finfish trap permit issued pursuant to Section 9001.5 is the
commercial fishing license number issued to the operator of the trap
pursuant to Section 7852, followed by the letter "Z".

9007. Any trap used without a buoy, or with a buoy which is not
marked pursuant to Section 9006, is a public nuisance and shall be
removed from the waters of this state by any person authorized to
enforce this code.


9008. Any trap used in violation of this code, or any regulations
adopted pursuant thereto, is a public nuisance and, except as
provided in Section 9007, shall be seized pursuant to Article 3
(commencing with Section 8630) of Chapter 3.


9010. (a) Subject to Article 5 (commencing with Section 8250) of
Chapter 2, spiny lobster may be taken with lobster traps under a
lobster permit issued pursuant to Section 8254.
(b) Notwithstanding Sections 8660 and 8665, lobster traps may be
used in any area of the state not otherwise closed to the taking of
lobsters up to, but not closer than, 75 feet of any private pier,
wharf, jetty, breakwater, or dock.
(c) A wire lobster trap shall be built of rectangular wire mesh
with inside mesh measurement not less than 17/8 inches by 37/8
inches, the 37/8-inch measurement to be parallel to the floor of the
trap. A wire lobster trap shall be fitted with at least one rigid
rectangular escape gap with inside measurements not less than 23/8
inches by 111/2 inches. The escape gap shall be located parallel to,
and within two inches of the floor on any outside wall of, the
rearmost chamber of the lobster trap and shall be clearly accessible
to the lobsters.
(d) A lobster trap constructed of lath or other material shall
have an opening to allow a means of escape along the full length of
one side of the rearmost chamber. The escape opening shall be of a
spacing of not less than 2 3/8 inches, and the spacing shall be
located parallel to, and within two inches of, the floor of the
lobster trap.


9053. (a) Powered equipment of such design as may be prescribed by
the commission may be used to take crustaceans and mollusks under a
revocable permit issued by the department and under such regulations
as the commission shall prescribe.
(b) Taking of lobster or crabs under this section is subject to
Article 5 (commencing with Section 8250) and Article 6 (commencing
with Section 8275) of Chapter 2 of Part 3 of Division 6.


10664. In the Laguna Beach, Newport Beach, Point Fermin, South
Laguna Beach, Niguel, Irvine Coast, and Doheny Beach Marine Life
Refuges, the following fish, mollusks, and crustaceans may be taken
under the authority of a sportfishing license as authorized by this
code: abalone, lobster, rockfish (Scorpaenidae), greenling, ling
cod, cabezon, yellowtail, mackerel, bluefin tuna, kelp bass, spotted
sand bass, barred sand bass, sargo, croaker, queenfish, corbina,
white seabass, opaleye, halfmoon, surfperch (Embiotocidae),
blacksmith, barracuda, sheephead, bonito, California halibut, sole,
turbot, and sanddab. Fin fish shall be taken only by hook and line
or by spearfishing gear. All other fish and forms of aquatic life
are protected and may not be taken without a written permit from the
department.


10667. (a) In the Dana Point Marine Life Refuge below the
intertidal zone, the following fish, mollusks, and crustaceans may be
taken under the authority of a sportfishing license as authorized by
this code: abalone, lobster, rockfish (Scorpaenidae), greenling,
ling cod, cabezon, yellowtail, mackerel, bluefin tuna, kelp bass,
spotted sand bass, barred sand bass, sargo, croaker, queenfish,
corbina, white seabass, opaleye, halfmoon, surfperch (Embiotocidae),
blacksmith, barracuda, sheephead, bonito, California halibut, sole,
turbot, and sanddab. Fin fish shall be taken only by hook and line
or by spearfishing gear. All other fish and forms of aquatic life
are protected and may not be taken without a written permit from the
department.
(b) Except as expressly provided in this section, it is unlawful
to enter the intertidal zone in the Dana Point Marine Life Refuge for
the purpose of taking or possessing, or to take or possess, any
species of fish, plant, or invertebrate, or part thereof, to use or
have in possession any contrivance designed to be used for catching
fish, to disturb any native plant, fish, wildlife, aquatic organism,
or to take or disturb any natural geological feature. This
subdivision does not prohibit persons from entering the intertidal
zone for the purpose of entertainment, recreation, and education
while having a minimum impact on the intertidal environment and the
living organisms therein. For this purpose, minimum impact includes
foot traffic, general observation of organisms in their environment
with immediate replacement of any unattached organisms to their
natural location after temporary lifting for examination, and
photography. Minimum impact does not include removal of attached
organisms from their environment, gathering of fishing bait,
littering, collecting rocks and shells, or turning rocks or other
acts destructive to the environment.
(c) For the purposes of this section, "intertidal zone" means the
area of the refuge between the mean lower low-water mark and the mean
high-tide line described in Section 10907.
(d) Notwithstanding subdivision (a) or (b), the Director of the
Dana Point Marine Life Refuge, or any person, who has a scientific
collector's permit from the department, to whom the Director of the
Dana Point Marine Life Refuge has issued a permit pursuant to Section
10502.6, may take, for scientific purposes, any fish or specimen of
marine plant life under the conditions prescribed by the department
pursuant to Section 10502.6.
(e) This section does not prohibit the entry of state and local
law enforcement officers, fire suppression agencies, and employees of
the department in the performance of their official duties. This
section does not prohibit or restrict navigation in the Dana Point
Marine Life Refuge pursuant to federal law.





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