California Marine Reserves Collection and Fishing Regulations

DHyslop

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I suspect my company could get away with calling me an "associate" marine biologist :)

And I really don't mean anything against her, but what impressed me of Ed's initial response was how he seemed to be intimately familiar not just with the code itself, but the intention for with which it was written. I think it is likely that 99% of enforcement people you ask would give an answer similar to hers even without consulting the code just because they naturally want to discourage that kind of collection, especially by any nuts like us.

"Yeah, I don't think you're supposed to do that... Maybe I'll look into it and let you know if I find out otherwise..."
 

monty

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Carrie Wilson a CA DFG got back to me with this information just now:

Our Law Enforcement Division determined the following:

1. Maintaining live sport-taken octopus in a home aquarium should not be considered "display" as used in FG sections 8596-97 re: Marine Aquaria Pet Trade. Therefore, octopus may be maintained in a personal aquarium and do not fall under the provisions requiring a Marine Aquaria Collectors permit.

2. People may collect octopus under the authority of a sport fishing license and transfer them live as long as the animal is exclusively for that person's personal aquarium display.

3. Octopus collected under the authority of a sport fishing license may not be used to establish breeding colonies for sale or trade with other collectors. This activity requires the collectors to have marine aquaria permits authorizing this activity. Even trading animals brings the activity under the provisions of Sections 8596-97 because selling is a common part of any commercial activity especially as used in the Fish and Game Code. And possession for sale or trade are included in the definition of "sell" in Fish and Game Code Section 75.

4. Finally, display alive in a home aquarium is not restricted because Title 14 Section 1.62 only applies to the movement of live "finfish" and not to mollusks and crustaceans. And, there is no other general prohibition against transporting or possessing alive legally taken shellfish. Invertebrates can be kept alive forever, or a very long time whichever comes first.
Generally, that seems like good news, although #3 is rather unfortunate for breeding... I had hoped that people wanting to start captive breeding programs could sell or trade their octo babies. I wonder if "giving away" counts as "trade"?
 

marineboy

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monty;129897 said:
Carrie Wilson a CA DFG got back to me with this information just now:



Generally, that seems like good news, although #3 is rather unfortunate for breeding... I had hoped that people wanting to start captive breeding programs could sell or trade their octo babies. I wonder if "giving away" counts as "trade"?
yes! great news for me.
 

marineboy

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wait, if the area is protected, can you still take under a sport fishing license?
 

monty

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marineboy;129915 said:
wait, if the area is protected, can you still take under a sport fishing license?
There may be different kinds of "protected" areas, but most preserves and such don't allow any sort of fishing. Check Cuttlegirl's original link in the first post for status of particular areas.
 

marineboy

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hmm, ok. Well this beach I normally visit allows fishing so I assume thats an indication that its not a preserve. Their are also no signs saying anything about it being a protected.
 

SanClementeEric

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That is good news indeed!

P.S. I'm glad to be wrong on this one! But very glad it is so clearly defined now.
 

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