Section § 8250

Explanation

This law defines the term "spiny lobster" as the species Panulirus interruptus.

As used in this code, “spiny lobster” refers to the species Panulirus interruptus.

Section § 8250.5

Explanation

This section of the law outlines how lobster traps can be used for commercial lobster fishing in California with a proper permit. It states that lobster traps, as identified in another section, can capture lobsters commercially if you have the right permit. While fishing for lobsters, certain species like non-Dungeness crabs, Kellet’s whelk, and octopus can be caught by accident and kept. However, any other unintended catch must be released immediately back into the water. Lastly, it specifies that spiny lobsters caught while skindiving or with scuba gear cannot be sold.

(a)CA Fish And Game Code § 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)CA Fish And Game Code § 8250.5(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 immediately released back to the water:
(1)CA Fish And Game Code § 8250.5(b)(1) Crab, other than Dungeness crab.
(2)CA Fish And Game Code § 8250.5(b)(2) Kellet’s whelk.
(3)CA Fish And Game Code § 8250.5(b)(3) Octopus.
(c)CA Fish And Game Code § 8250.5(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.

Section § 8251

Explanation

In California, you can catch spiny lobsters only from the first Wednesday in October until the first Wednesday after March 15th each year. The law allows you to set and bait lobster traps 24 hours before the season starts, but you can't try to catch or keep any lobsters until the official opening day.

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.

Section § 8252

Explanation

You aren't allowed to catch, keep, buy, or sell spiny lobsters that are smaller than three and one-quarter inches when measured along the back, from the edge of the eye socket to the shell's back edge.

If you're catching spiny lobsters, you must have a measuring tool with you and check each lobster's size as soon as it's out of the trap. If it's too small, you must immediately put it back in the water.

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.

Section § 8253

Explanation

This law makes it illegal to preserve spiny lobsters using methods like pickling or canning, but you are allowed to freeze them. You can also cook and eat spiny lobsters fresh.

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.

Section § 8254

Explanation

To catch lobsters commercially in California, you need a valid lobster permit that hasn't been suspended or revoked. This applies to anyone who catches, helps catch, or transports lobsters on a boat or uses any gear for catching them commercially.

The annual permit costs $265, and if you're a crewmember, it's $125. If you're caught with more than three times the sport bag limit of lobsters, it's presumed you're catching them for commercial purposes.

(a)CA Fish And Game Code § 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)CA Fish And Game Code § 8254(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)CA Fish And Game Code § 8254(c) The permit fee for a lobster permit is two hundred sixty-five dollars ($265).
(d)CA Fish And Game Code § 8254(d) The fee for a lobster crewmember permit is one hundred twenty-five dollars ($125).
(e)CA Fish And Game Code § 8254(e) For the purposes of this section, it is prima facie evidence that lobster is taken for commercial purposes if the possession of lobster is more than three times the sport bag limit.

Section § 8254.7

Explanation

If someone with a commercial lobster permit is charged with breaking specific lobster fishing rules, and nothing happens with the court case in 90 days, the permit can be temporarily suspended. The person can request a hearing within 10 days of the suspension, and a decision will be made quickly about lifting or continuing the suspension until the court decides the case. The hearing will consider if the alleged rule-breaking could harm resources or if keeping the suspension is best for the public, depending on the evidence of the violation. If there's no sufficient evidence, the suspension will end. If the person is cleared or charges are dropped, the suspension ends automatically. Charges can only be filed if they've been checked by prosecutors.

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.

Section § 8257

Explanation

If you own or are in charge of a boat that's used for catching lobsters, you need to make sure your permit number is clearly shown on both sides of the boat. The numbers should be 10 inches tall, one inch wide, and black. They should be placed on a white background for visibility.

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.

Section § 8258

Explanation

You can legally use lobster traps to catch spiny lobster in specific areas. These include Districts 18, 19, 20A, and certain parts of District 20 on the southern side of Santa Catalina Island, between Southeast Rock and China Point.

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.

Section § 8259

Explanation

This law allows the commission to limit the number of permits issued for fishing if it's needed to prevent overfishing or to ensure the fishery is run efficiently and cost-effectively. They can set these limits across the entire state or in specific areas to protect the fish population.

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.