Particular Varieties of FishMarine Aquaria Pets

Section § 8596

Explanation

This section provides definitions for terms used in the article related to the marine aquaria pet trade. It defines the "marine aquaria pet trade" as activities involving collecting, holding, selling, and displaying live aquatic marine life for various non-scientific purposes like pets or displays. However, it excludes activities conducted by or for scientific institutions that have certain permit exemptions. Additionally, it defines a "drop net" as a specific type of small, circular fishing net used for collecting marine life, with specific size and design limitations.

The following definitions govern the construction of this article:
(a)CA Fish And Game Code § 8596(a) “Marine aquaria pet trade” means any activities connected with collecting, holding, selling, and displaying live aquatic marine life for pet, hobby, curio, or display purposes. “Marine aquaria pet trade” does not include activities connected with collecting, holding, selling, or displaying live aquatic marine life by, or for, scientific institutions exempted from permits pursuant to subdivision (e) of Section 2150.
(b)CA Fish And Game Code § 8596(b) “Drop net” means a small, circular net with weights attached along the perimeter and with a single float attached at the center. A drop net is not more than 48 inches in its greatest diameter.
marine aquaria pet trade live aquatic marine life pet trade activities ...

Section § 8597

Explanation

This law makes it illegal to collect or possess certain live marine organisms for the marine aquarium pet trade unless you have a valid marine aquaria collector's permit. Someone with this permit must be onboard if you're collecting these organisms by boat.

Specifically, the law allows the collection of various marine plants, invertebrates, and vertebrates, but includes a list of exceptions like specific crabs, octopuses, and fish (e.g., Dungeness crab, market squid, larger rockfish). Permit holders don't need additional licenses for kelp harvesting or trapping certain marine life.

The commission will establish further regulations for these activities.

(a)CA Fish And Game Code § 8597(a) It is unlawful for any person to take, possess aboard a boat, or land for marine aquaria pet trade purposes any live organisms identified in subdivision (b), unless that person has a valid marine aquaria collector’s permit that has not been suspended or revoked. At least one person aboard the boat shall have a valid marine aquaria collector permit.
(b)CA Fish And Game Code § 8597(b) Except as provided in Section 8598.2, and unless otherwise prohibited in this code, or regulations made pursuant thereto, specimens of the following groups or species may be taken, possessed aboard a boat, or landed under a marine aquaria collector’s permit:
(1)CA Fish And Game Code § 8597(b)(1) Marine plants:
(A)CA Fish And Game Code § 8597(b)(1)(A) Chlorophyta.
(B)CA Fish And Game Code § 8597(b)(1)(B) Phaeophyta.
(C)CA Fish And Game Code § 8597(b)(1)(C) Rhodophyta.
(D)CA Fish And Game Code § 8597(b)(1)(D) Spermatophyta, all species.
(2)CA Fish And Game Code § 8597(b)(2) Invertebrates:
(A)CA Fish And Game Code § 8597(b)(2)(A) Polychaeta—worms; all species.
(B)CA Fish And Game Code § 8597(b)(2)(B) Crustacea—shrimp, crabs; all species, except the following:
(i)CA Fish And Game Code § 8597(b)(2)(B)(i) Dungeness crab—Cancer magister.
(ii)CA Fish And Game Code § 8597(b)(2)(B)(ii) Yellow crab—Cancer anthonyi.
(iii)CA Fish And Game Code § 8597(b)(2)(B)(iii) Red crab—Cancer productus.
(iv)CA Fish And Game Code § 8597(b)(2)(B)(iv) Sheep crab—Loxorhynchus grandis.
(v)CA Fish And Game Code § 8597(b)(2)(B)(v) Spot prawn—Pandalus platyceros.
(vi)CA Fish And Game Code § 8597(b)(2)(B)(vi) Ridgeback prawn—Sicyonia ingentis.
(vii)CA Fish And Game Code § 8597(b)(2)(B)(vii) Golden prawn—Penaeus californiensis.
(viii)CA Fish And Game Code § 8597(b)(2)(B)(viii) Sand crab—Emerita analoga.
(ix)CA Fish And Game Code § 8597(b)(2)(B)(ix) Redrock shrimp—Lysmata californica.
(x)CA Fish And Game Code § 8597(b)(2)(B)(x) Bay shrimp—Crangon sp. and Palaemon macrodactylus.
(xi)CA Fish And Game Code § 8597(b)(2)(B)(xi) Ghost shrimp—Callianassa sp.
(C)CA Fish And Game Code § 8597(b)(2)(C) Asteroidea—Sea stars; all species.
(D)CA Fish And Game Code § 8597(b)(2)(D) Ophiuroidea—Brittle stars; all species.
(E)CA Fish And Game Code § 8597(b)(2)(E) Gastropoda—snails, limpets, sea slugs; all species, except Kellet’s whelk—Kelletia kelleti.
(F)CA Fish And Game Code § 8597(b)(2)(F) Bivalvia—clams and mussels; all species.
(G)CA Fish And Game Code § 8597(b)(2)(G) Polyplacophora—Chitons; all species.
(H)CA Fish And Game Code § 8597(b)(2)(H) Cephalopoda—Octopuses and squids; all species, except two spot octopuses—Octopus bimaculatus and Octopus maculoides—and market squid—Loligo opalescens.
(I)CA Fish And Game Code § 8597(b)(2)(I) Tunicata—Sea squirts; all species.
(3)CA Fish And Game Code § 8597(b)(3) Vertebrates:
(A)CA Fish And Game Code § 8597(b)(3)(A) Osteichthyes—Finfishes; all species, except the following:
(i)CA Fish And Game Code § 8597(b)(3)(A)(i) Rockfish—Sebastes sp. larger than six inches total length.
(ii)CA Fish And Game Code § 8597(b)(3)(A)(ii) Sheephead—Semicossyphus pulcher larger than six inches total length.
(iii)CA Fish And Game Code § 8597(b)(3)(A)(iii) Anchovy—Engraulis mordax.
(iv)CA Fish And Game Code § 8597(b)(3)(A)(iv) Sardine—Sardinops sagax.
(v)CA Fish And Game Code § 8597(b)(3)(A)(v) Pacific/chub mackerel—Scomber japonicus.
(vi)CA Fish And Game Code § 8597(b)(3)(A)(vi) Jack mackerel—Trachurus symmetricus.
(vii)CA Fish And Game Code § 8597(b)(3)(A)(vii) Queenfish—Seriphus politus.
(viii)CA Fish And Game Code § 8597(b)(3)(A)(viii) White Croaker—Genyonemus lineatus.
(ix)CA Fish And Game Code § 8597(b)(3)(A)(ix) Top smelt—Atherinops affinis.
(x)CA Fish And Game Code § 8597(b)(3)(A)(x) Grunion—Leuresthes tenuis.
(xi)CA Fish And Game Code § 8597(b)(3)(A)(xi) Shiner surf perch—Cymatogaster aggregata.
(xii)CA Fish And Game Code § 8597(b)(3)(A)(xii) Longjawed mudsucker—Gillichthys mirabilis.
(B)CA Fish And Game Code § 8597(b)(3)(B) Chondrichthyes—sharks, rays, and skates; all species less than 18 inches total length, except that leopard shark (Triakis semifasciata) shall be 36 inches or larger in total length.
(c)CA Fish And Game Code § 8597(c) The holder of a permit issued pursuant to this section is not required to obtain or possess a kelp harvester’s license issued pursuant to Section 6651, a tidal invertebrate permit issued pursuant to Section 8500, or a general trap permit issued pursuant to Article 1 (commencing with Section 9000) of Chapter 4, when taking, possessing, or landing live organisms for marine aquaria pet trade purposes pursuant to subdivision (b), subject to regulations governing the taking of tidal invertebrates. The commission shall adopt regulations to implement this subdivision, and, for that purpose, may incorporate other regulations by reference.
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Section § 8598

Explanation

This law states that certain marine species and materials cannot be taken, kept on a boat, or brought to shore for commercial purposes. These include various invertebrates like sponges, corals, and jellyfish, as well as some vertebrates like certain sharks and fish. Rocks with living organisms, known as 'live rocks,' also fall under these restrictions unless culturing is authorized by an aquaculture registration.

Additionally, organisms cannot be collected for the marine aquarium pet trade in specific protected areas, including parts of Santa Catalina Island and various marine reserves and refuges.

(a)CA Fish And Game Code § 8598(a) Notwithstanding Section 8140 or subdivision (b) of Section 8597, specimens of the following groups or species shall not be taken, possessed aboard a boat, or landed for commercial purposes. Taking, possessing, or landing of any of the following species in a commercial operation is prima facie evidence that it was taken, possessed, or landed for commercial purposes:
(1)CA Fish And Game Code § 8598(a)(1) Invertebrates:
(A)CA Fish And Game Code § 8598(a)(1)(A) Phylum Porifera—all sponges.
(B)CA Fish And Game Code § 8598(a)(1)(B) Genus Pelagia sp.—jellyfish.
(C)CA Fish And Game Code § 8598(a)(1)(C) Coelenterata—corals, anemones; all species.
(D)CA Fish And Game Code § 8598(a)(1)(D) Order Gorgonacea—all gorgonians.
(E)CA Fish And Game Code § 8598(a)(1)(E) Order Pennatulacea—all species, except Renilla kollikeri.
(F)CA Fish And Game Code § 8598(a)(1)(F) Feather-duster worm—Eudistylia polymorpha.
(G)CA Fish And Game Code § 8598(a)(1)(G) Fiddler crab—Uca crenulata.
(H)CA Fish And Game Code § 8598(a)(1)(H) Umbrella crab—Cryptolithodes sitchensis.
(I)CA Fish And Game Code § 8598(a)(1)(I) Stalked or goose barnacles—Pollicipes sp.
(J)CA Fish And Game Code § 8598(a)(1)(J) Giant acorn barnacle—Balanus nubilus or B. aguila.
(K)CA Fish And Game Code § 8598(a)(1)(K) Owl limpet—Lottia gigantea.
(L)CA Fish And Game Code § 8598(a)(1)(L) Coffee bean shells—Trivia sp.
(M)CA Fish And Game Code § 8598(a)(1)(M) Three-winged murex—Pteropurpura trialata.
(N)CA Fish And Game Code § 8598(a)(1)(N) Vidler’s simnia—Simnia vidleri.
(O)CA Fish And Game Code § 8598(a)(1)(O) Queen tegula—Tegula regina.
(P)CA Fish And Game Code § 8598(a)(1)(P) Opisthobranchia (including nudibranchs)—all subclass Opisthobranchia species except:
(i)CA Fish And Game Code § 8598(a)(1)(P)(i) Sea hares—Aplysia californica and Aplysia vaccaria.
(ii)CA Fish And Game Code § 8598(a)(1)(P)(ii) Hermissenda crassicornis.
(iii)CA Fish And Game Code § 8598(a)(1)(P)(iii) Lion’s mouth—Melibe leonina.
(iv)CA Fish And Game Code § 8598(a)(1)(P)(iv) Aeolidia papillosa.
(v)CA Fish And Game Code § 8598(a)(1)(P)(v) Spanish shawl—Flabellina iodinea.
(2)CA Fish And Game Code § 8598(a)(2) Vertebrates:
(A)CA Fish And Game Code § 8598(a)(2)(A) All shark and ray eggcases.
(B)CA Fish And Game Code § 8598(a)(2)(B) Brown smoothhound sharks—Mustelus hinlei—that are less than 18 inches in a whole condition or dressed with head and tail removed.
(C)CA Fish And Game Code § 8598(a)(2)(C) Family Agonidae—all poachers.
(D)CA Fish And Game Code § 8598(a)(2)(D) Wolf-eel—Anarrhichthys ocellatus.
(E)CA Fish And Game Code § 8598(a)(2)(E) Juvenile sheephead—Semicossyphus pulcher (under six inches).
(F)CA Fish And Game Code § 8598(a)(2)(F) Garibaldi—Hypsypops rubicundus.
(3)CA Fish And Game Code § 8598(a)(3) Live rocks.
(A)CA Fish And Game Code § 8598(a)(3)(A) Rocks with living organisms attached, commonly called “live rocks,” shall not be taken or possessed except as provided in subparagraph (C).
(B)CA Fish And Game Code § 8598(a)(3)(B) Rocks shall not be broken to take marine aquaria species, and any rock displaced to access any of those species shall be returned to its original position.
(C)CA Fish And Game Code § 8598(a)(3)(C) Rocks cultured under the authority of an aquaculture registration may be possessed.
(b)CA Fish And Game Code § 8598(b) No organisms may be taken, possessed, or landed for marine aquaria pet trade purposes under the terms of a marine aquaria collector’s permit in any of the following areas:
(1)CA Fish And Game Code § 8598(b)(1) On the north side of Santa Catalina Island from a line extending three nautical miles 90 degrees true from Church Rock to a line extending three nautical miles 270 degrees true from the extreme west end of the island.
(2)CA Fish And Game Code § 8598(b)(2) On the south or “back” side of Santa Catalina Island from a line extending three nautical miles 90 degrees true from Church Rock to a line extending three nautical miles 270 degrees true from the extreme west end of the island.
(3)CA Fish And Game Code § 8598(b)(3) Marine life refuges, marine reserves, ecological reserves, and state reserves.
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Section § 8598.2

Explanation

This law regulates how marine organisms listed in a specific section can be collected. You can only collect them using methods like hook and line, nets, hand, slurp gun, and spatula, but not with chemicals.

Using or having chemical anesthetics, poisons, or irritants for collecting these organisms for marine aquariums is prohibited, though regular shipboard chemicals for pest control are allowed if you don't have tools to target marine life with them.

Additionally, when collecting, ensure that rocks, plants, and other aquatic life not specified in the regulations are left undisturbed.

(a)CA Fish And Game Code § 8598.2(a) Marine organisms identified in subdivision (a) of Section 8597 shall not be taken except by the following methods:
(1)CA Fish And Game Code § 8598.2(a)(1) Hook and line.
(2)CA Fish And Game Code § 8598.2(a)(2) Drop net.
(3)CA Fish And Game Code § 8598.2(a)(3) Dip Net.
(4)CA Fish And Game Code § 8598.2(a)(4) Trap.
(5)CA Fish And Game Code § 8598.2(a)(5) Hand.
(6)CA Fish And Game Code § 8598.2(a)(6) Slurp gun.
(7)CA Fish And Game Code § 8598.2(a)(7) Spatula.
(b)CA Fish And Game Code § 8598.2(b) Chemical anesthetics, poisons, or irritants shall not be used or possessed by any person taking or possessing fish, plants, or other marine organisms for the marine aquaria industry. For the purposes of this section, chemicals commonly used aboard vessels for insect and rodent control may be possessed if no means of delivering those chemicals, including, but not limited to, squirt bottles, used to target those marine organisms is possessed.
(c)CA Fish And Game Code § 8598.2(c) Appliances shall be used so that rocks or other mineral matter, aquatic plants, fish, or other aquatic life not listed in subdivision (b) of Section 8597 are not removed from the bottom or otherwise disturbed.
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Section § 8598.3

Explanation

If you want to collect marine life for an aquarium in California, you'll need a specific permit, and it costs $330.

Additionally, if you have this permit, you can't use it to collect marine life for scientific purposes on the same trip.

The state commission can change the permit fee, but only to cover related administrative costs, not to make a profit.

(a)CA Fish And Game Code § 8598.3(a) The fee for a marine aquaria collector’s permit shall be three hundred thirty dollars ($330).
(b)CA Fish And Game Code § 8598.3(b) A person engaged in taking, possessing, or landing marine species under a marine aquaria collector’s permit shall not take, possess aboard a boat, or land any species under the authority of a scientific collector’s permit issued pursuant to Section 1002, 5515, or 10660 on the same fishing trip.
(c)CA Fish And Game Code § 8598.3(c) The commission shall adjust the amount of the fees specified in subdivision (a) as necessary, to fully recover, but not exceed, all reasonable administrative and implementation costs of the department and the commission relating to those licenses.
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Section § 8598.4

Explanation

This section allows the director to temporarily close parts of a fishery or areas where fishing happens if it's necessary to protect certain organisms or their environment. The director must provide a written explanation for such a closure. Once the conditions that required the closure are no longer present, the director can reopen the fishery or area.

Notwithstanding any other provision of this code, the director may close any portion of the fishery established under this article or any area in which this fishery is conducted, if, upon written finding, the director determines the action is necessary to protect any organisms listed in subdivision (a) of Section 8597 or the environment in which those organisms are located. The director shall reopen a fishery or any fishing areas previously closed pursuant to this section if the director determines that the conditions which necessitated the closure no longer exist.
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Section § 8598.6

Explanation

If someone breaks the rules in this article or doesn't follow any related regulations, they can be fined between $2,000 and $5,000.

Notwithstanding Section 12000, a violation of this article or any regulation adopted thereunder is punishable by a fine of not less than two thousand dollars ($2,000) or more than five thousand dollars ($5,000).
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