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Selling My Home Bred Octo's And Cuttles???

MDL1113

Cuttlefish
Registered
Joined
Sep 22, 2010
Messages
15
Hello I have a few tanks with Cuttles and Octopus, they are both Breding tanks and they have gotten two full of life can I sell them on ebay or this site? I do not want to give them away for free but i also dont want to just buying more tanks to put them all in..

What are the laws around selling?
If any what can i do so i can sell?
 
Well the reason I asked if there were wild caught is because it is illegal to sell or sell the off spring from wild caught Bimacs if you dont have the proper commercial fishing Lic. I live in Florida and the retail laws vary by State. Here there is a permit that is required to sell any aquatic species be it for Food or Pet. You would have to call you local Game warden and find out.
 
My octos are bimac!!! I have 4 500g tanks 3 set up for octos and one set up for cuttlefish. I had only a few babys and i kept two and gave the rest to a friend who has a 350g tanks set up for octos.
 
I found this site... it might help before you call the game warden. http://www.dfg.ca.gov/licensing/commercial/commdescrip.html

This one should also help you... though I would use control F and type in the word octopus to find any relevant information. http://165.235.95.70/search?q=cache...stylesheet=xfix&output=xml_no_dtd&client=xfix

I also found this sticky about different laws of collecting and selling you might find helpful...
http://www.tonmo.com/forums/showthr...e-Reserves-Collection-and-Fishing-Regulations
 
you have a 500 gallon tank for cuttles? didnt i read somewhere you have bandensis? thats a crazy-big tank for such a small species. do you get to see them much?
love to see some pics of your setup!
im a bit of a water-hoarder, myself.
 
There is an old thread on Tonmo in which people were wondering if it were legal to catch a bimac in California, with a sport fishing license, and keep it in your aquarium. Someone contacted the California Dept of Fish and Game, and after consulting with their legal/enforcement department, the DFG person replied, in an email, that it was legal, but it was not legal to sell (or barter) the caught octopuses, nor would it be legal to sell any babies that resulted. That's probably true, but it's a California law, and so probably doesn't apply unless you live in California. If you live in another state, and that state doesn't forbid you to sell bimacs that you breed, I can't see how you would be breaking any laws by selling them. I'm not a lawyer, so I might be wrong, but I can't imagine that a resident of some other state could be bound by California law. Do states have reciprocity on fish and game laws?
 
CaptFish;163770 said:
I'm not sure about your reasoning, that way anyone could sell wild caught bimacs just by catching them and sending them to another state.
My reasoning is simply that, in general, California has no legal authority to restrict the bahavior of a person who is not in California.

Even if they did, how would they have jurisdiction to enforce California law in another state? Plus, they would have to care enough to try. Bimacs are extremely abundant, and in no danger of their numbers being depleted, so if a California official noticed that someone in another state were raising and selling baby bimacs, it's hard to imagine that they would go to the trouble to try to do some sort of inter-state prosecution, even if they could. I think it would be wrong for anyone to make a business out of selling any wild caught California animal, without State licensing, monitoring, etc., but IMO selling captive breed animals is all good. I think the only reason it's illegal to sell the babies in California is because its hard to tell captive bread from wild-caught, so enforcement gets hard. If someone in Kansas is selling baby bimacs, it's safe to assume that they are captive bred.

rryyddeerr;163776 said:
is california the only place on earth where these can be acquired?
No, they are plentiful in Baja Mexico too.
 
I think I agree with Joe-ceph. If I get a bimac shipped to me from California and that animal has babies in my tank here in Texas I am not now nor have I ever been under California law. Unless there are laws in my state which preclude me from selling them I am not braking any laws. There is the chance that California has laws about transporting and then selling but I havent seen anything like that. From what I have seen, most states at the most have reciprocity agreements with neighboring states... its normally not every state. Also as long as the parents arent sold... you arent braking any laws.... its not like you could really sell them after they lay eggs anyway, well you could but thats unethical and stupid. I too am not a lawyer so I am not for sure on this... but it would be worth checking out IMO.


Hmmm... I think I will talk further with a lawyer friend. We may have something here.
 

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