Particular Varieties of FishLobster
Section § 8250
This law defines the term "spiny lobster" as the species Panulirus interruptus.
Section § 8250.5
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.
Section § 8251
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.
Section § 8252
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.
Section § 8253
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.
Section § 8254
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.
Section § 8254.7
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.
Section § 8257
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.
Section § 8258
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.
Section § 8259
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.