In Reply to: Re: Re: Re: Re: lobster question posted by canyon diver on October 04, 2005 at 17:48:27:

Here's the link and section number. Look especially at the section entitled REMINDER:

29.90. Spiny Lobsters. http://www.dfg.ca.gov/mrd/sportfishing_regs2005.html

(c) Minimum size: Three and one-fourth inches measured in a straight line on the midline of the back from the rear edge of the eye socket to the rear edge of the body shell. Any lobster may be brought to the surface of the water for the purpose of measuring, but no undersize lobster may be brought aboard any boat, placed in any type of receiver, kept on the person or retained in any person’s possession or under his direct control; all lobsters shall be measured immediately upon being brought to the surface of the water, and any undersize lobster shall be released immediately into the water.

REMINDER: California Fish and Game Code, Section 5508, states that “It is unlawful to possess on any boat or to bring ashore any fish upon which a size or weight limit is prescribed in such a condition that its size or weight cannot be determined.
The commission may adopt regulations, under which fish other than whole fish may be brought ashore, which establish sizes or weights for cleaned or otherwise cut fish equivalent to sizes or weights for whole fish.” (see Section 27.65).

(In other words: Don't tail the lobster on the boat. Bring it up whole and keep it whole so the carapace size can be verified at any time.)

The preceding snippet is directly from the website except for the parts in parentheses which are my own words. I distributued that last week to the OC Divebums email list. A conversation about cooking and eating lobster while on a boat ensued on the San Diego Divebums list, I believe. It was agreed that it is a grey area as to just exactly where you must keep the lobster intact. Some even felt that you can't even store tailed lobster in your freezer at home but I *believe* it was concluded that that was going a little to the extreme.

Since DFG can search your boat, car, and home if they have reason to believe you've got illegal take, then one could take it to the extreme that to be able to PROVE that your lobster is legal, then it is wise to keep them whole as long as possible.

If you're never followed home and searched by DFG because you're never under suspicion of poaching, then you probably have greater latitude with tailing your lobster. I think it's all about risk management.

I hope that helps! Maybe someone from DFG can chime in. That would be great!

Debbie

• Re: DFG info bob 00:49:49 10/05/05 (5)
  • probable cause jlyle 08:50:03 10/05/05 (4)
    • JLyle is correct, of course! ;-) Deb Karimoto 14:47:01 10/06/05 (0)
    • JLyle is correct, of course! ;-) Deb Karimoto 14:46:22 10/06/05 (0)
    • Re: probable cause - Woman in fishing boat Tutt 10:52:31 10/05/05 (1)
      • That reminds me... Dave 23:28:37 10/06/05 (0)
• Re: DFG info canyon diver 20:29:03 10/04/05 (0)
• Re: Looks like overbreadth to me Wyatt Earp 18:58:21 10/04/05 (1)
  • agreed Dave 06:17:17 10/07/05 (0)