DockRat
10-01-2010, 06:23 AM
From DFG website;
http://www.dfg.ca.gov/marine/faq.asp
FAQs (Frequently Asked Questions)
Spiny Lobster
Q. Regulations state that "spiny lobsters shall be kept in a whole, measurable condition, until being prepared for immediate consumption." What is the definition of "immediate consumption"?
A. "Prepared for immediate consumption" means cooked and on a plate, ready to be eaten immediately. Or in the case of sushi (which is gaining popularity), it means ready to be eaten immediately raw on a dinner plate. Here are some ways to preserve lobster in a whole, measurable condition until you arrive home:
Place the lobster in a container with some ice where the melting ice water can drain out of the container and not drown the lobster. Alternately, wrap/cover the lobster loosely in a moist, saltwater-soaked towel. Using either of these methods, the lobster can be enjoyed fresh at home, or frozen.
For driving long distances, consider putting them in a wood box with wood shavings. Lobsters are imported from Mexico this way and last a surprisingly long time. Alternately, use ice packs in a cooler - lobster may be left overnight with the cooler lid cracked and are still quite alive in the morning.
(Ref. Section 29.90(e))
Q. What is the purpose of the spiny lobster report card?
A. The purpose of the reporting requirement is to monitor recreational spiny lobster catch, fishing effort and the gear used in the recreational fishery. Although the DFG has considerable information about the commercial lobster fishery from landing receipts and logbooks, the DFG has very little reliable information on the magnitude of the recreational lobster catch and fishing effort.
Q. Is there a limit to the number of spiny lobster report cards I can buy?
A. No. Unlike abalone and sturgeon report cards, there is currently no limit on the number of lobster report cards one can purchase.
Q. Am I required to have the spiny lobster report card in possession when I'm fishing for spiny lobsters?
A. Yes. All individuals must have a spiny lobster report card in their possession while fishing for or taking lobster, or assisting in fishing for lobster. In the case of a person diving from a boat, the report card may be kept in the boat. In the case of a person diving from the shore, the report card may be kept within 500 yards from the point of entry.
Q. What will DFG do with the additional income generated from the sales of spiny lobster report cards? Will it be used for anything to do with lobster?
A. The funds can be used to support any Department project, including those specifically focused on lobster.
Q. Where and when do I submit the card once it's filled out?
A. Completed cards should be dropped off or mailed to the address specified on the report card by January 31 of the following year.
Q. Are there any additional restrictions not listed in the DFG regulations, concerning recreational spiny lobster take in specific areas?
A. You may want to check with local authorities (for example, the harbormaster in the area where you wish to take lobster) regarding any additional restrictions on lobster fishing in harbors, etc. Local authorities have the right to restrict certain activities in these areas in the interest of public safety. Such authorities cannot impose rules that are more lenient than state fishing regulations, but they may impose more stringent restrictions regarding access, for example, in certain high traffic areas if they have concerns about the public's well being caused by fishing activity in a given area.
Q. If I'm fishing for crab from a public pier and I'm NOT fishing for spiny lobster, do I still need the lobster report card?
A. If you're not fishing for spiny lobster, you do not need to purchase a spiny lobster report card. By the same token, if you catch spiny lobster while fishing for rock crab, you cannot keep spiny lobster if you do not have a spiny lobster report card in your possession.
Q. I'm a scuba diver and a kayak fisherman. I want to use a hoop net this season, and bring my scuba gear on the kayak at the same time. Another diver told me it was illegal to have more than one type of hunting device on the kayak (hoop net and scuba). Is this statement correct?
A. It is legal to carry hoop nets and scuba gear aboard your kayak when hunting for spiny lobster south of Yankee Pt. (Monterey County). Section 29.05(d) prohibits the use of scuba north of Yankee Pt. for all invertebrates except sea urchins, rock scallops and crabs of the genus Cancer. South of Yankee Pt. you can use and possess scuba gear and hoop nets simultaneously on your kayak when hunting lobster.
While scuba gear is not illegal to carry aboard a kayak, remember that it is illegal to use or possess any hooked devices while diving or attempting to dive for crustaceans. Spearfishing gear, specifically the spear, could arguably be considered a hooked device. A game warden would make the final determination of this when checking your gear.
Even though you may intend to use a spear only for spearing fish and not as a tool to assist in persuading a shy lobster to come out of its cozy cave or crevice, you should probably do your spearfishing and lobster diving on separate dives.
Q. My son is 15 years old and will fish with me this year. We both have our report cards. Does he have to carry his own catch? Or can I be in possession of more than my legal 7 "bugs"?
A. Until you get the lobster home, your son will need to be in the immediate vicinity of his catch, so that if a warden stops you, your son's spiny lobster can be attributed to him via his spiny lobster report card (he must carry his report card). As long as you're together, there's nothing wrong with carrying his lobster for him.
For example, you and your son go hoop netting from a pier and have a cooler in which you place your combined spiny lobster catch. When you're done hoop netting you carry the cooler off the pier with your son walking next to you. You are stopped by a warden to whom you show your catch and both of your cards. Because two persons with two filled-out spiny lobster report cards are present to account for two limits of spiny lobster (it was a great night for hoop netting "bugs"!), the warden can see that you are following regulations, even though only one person is carrying all the lobster.
To be "in possession" of his catch, your son needs to be in the immediate vicinity-- walking down the pier with you, traveling home together in the car, etc., with the spiny lobster he caught fully accounted for on his spiny lobster report card.
Q. Do kids under 16 need a spiny lobster report card too?
A. Yes, if they are fishing for, taking, or assisting with fishing for spiny lobster.
Q. I have heard about a new spiny lobster brochure. Where can I find one?
A. You can find the new spiny lobster brochure, which contains a summary of information about the new lobster report card, basic lobster fishing rules, and lobster life history information, at selected DFG offices in coastal Southern California, or view it on the DFG website.
Q. How big and how old do California spiny lobsters get?
A. Males can live up to 30 years, and females at least 20 years. There are records of male California spiny lobster weighing over 26 pounds and attaining lengths up to three feet. Today, lobsters over five pounds are considered trophy-size.
View a brochure containing California spiny lobster information. (Note: Large file size - 2.7 MB).
Q. What is the minimum size limit for spiny lobster, and how do I measure a lobster?
A. The minimum size limit for recreational fishermen is three and one-fourth inches, measured in a straight line on the midline of the back from the rear edge of the eye socket to the rear edge of the body shell.
View a lobster measurement diagram. Reference Section 29.90(c) Title 14, California Code of Regulations.
Q. What is the daily bag limit for lobster? The possession limit?
A. According to Section 29.90(b) T14, CCR, the daily recreational bag limit is seven lobsters per person. Additionally, Section 1.17 states that no more than one daily bag limit may be taken or possessed by any one person unless otherwise authorized (see Declaration for Multi-Day Fishing Trip, Section 27.15 T14, CCR), regardless of whether they are fresh, frozen or otherwise preserved. This means that if you have a limit of seven lobsters at home, you cannot go out and get more lobsters until the first limit is disposed of in some way (eaten, given away, etc).
Q. Am I required to have a lobster gauge when I go fishing for lobster? Can I use a tape measure or a ruler?
A. Every person while taking lobster (or other invertebrates which have a minimum size limit) shall carry a device which is capable of accurately measuring the size of the lobster. Due to the curvature of the lobster's carapace and the measurement method described above, a tape measure or ruler is not capable of measuring the size of the lobster accurately; a gauge with a fixed span works best. Reference Section 29.05(c) T14, CCR.
Q. When should I measure the lobster I catch?
A. Any lobster may be brought to the surface of the water for the purpose of measuring, but no undersize lobster may be brought aboard any boat, placed in any type of receiver, kept on the person or retained in any person's possession or under his direct control; all lobsters shall be measured immediately upon being brought to the surface of the water, and any undersize lobster shall be released immediately. Reference Section 29.90(c) T14, CCR.
Q. When does recreational lobster season start and end?
A. Recreational lobster season runs from the Saturday preceding the first Wednesday in October through the first Wednesday after the 15th of March. Here are the dates for the next two seasons:
Saturday, October 2, 2010 through Wednesday, March 16, 2011
Saturday, October 1, 2011 through Wednesday, March 21, 2012
Reference Section 29.90(a) T14, CCR.
Q. When does recreational lobster season "technically" start - the actual time it opens?
A. Recreational lobster season opens at 12:00:01 AM on the Saturday preceding the first Wednesday of October and closes at 12:00:00 PM (midnight) on the first Wednesday after the 15th of March.
Q. What are the legal methods of take for spiny lobster? Can I use a "tickle stick" to coax a lobster from its hiding spot?
A. According to Sections 29.80(a) and (b) of Title 14, California Code of Regulations, spiny lobsters may only be taken by hand or by hoop net. You cannot use any other devices to take or assist in taking lobster - this includes "tickle sticks" or other similar appliances used to coax a lobster from its hiding spot.
Q. Can a sport fisherman use traps to take lobster? What about lobsters that are taken on hook and line while fishing for finfish?
A. No. As stated above, lobsters may only be taken by hand or by hoop net - traps may not be used. Lobsters that are taken incidentally on hook and line while fishing for finfish must be returned to the water immediately.
Q. How many hoop nets can I use on my boat?
A. According to Section 29.80(b) T14, CCR, not more than 5 baited hoop nets may be fished by a person, not to exceed a total of 10 hoop nets fished from any vessel, regardless of how many people are aboard.
Q. How many hoop nets can I use while fishing from a public pier?
A. You may use up to two appliances (rod and reel, hoop net, etc.) while fishing from a public pier - two rods and reels, or 1 rod and reel and 1 hoop net, or 2 hoop nets. Reference Section 28.65(b) T14, CCR.
Q. May I tail my legally harvested lobsters while still at sea or at the boat launch ramp?
A. No. California Fish and Game Code Section 5508 states "It is unlawful to possess on any boat or bring ashore any fish upon which a size or weight limit is prescribed in such a condition that the size or weight cannot be determined." Separating the tail from the carapace (body) makes it impossible to determine if the lobster was of legal size; the animal must remain whole until you are ready to cook it. If cooking for immediate consumption while at sea, retain the carapace until the tail is consumed.
http://www.dfg.ca.gov/marine/faq.asp
FAQs (Frequently Asked Questions)
Spiny Lobster
Q. Regulations state that "spiny lobsters shall be kept in a whole, measurable condition, until being prepared for immediate consumption." What is the definition of "immediate consumption"?
A. "Prepared for immediate consumption" means cooked and on a plate, ready to be eaten immediately. Or in the case of sushi (which is gaining popularity), it means ready to be eaten immediately raw on a dinner plate. Here are some ways to preserve lobster in a whole, measurable condition until you arrive home:
Place the lobster in a container with some ice where the melting ice water can drain out of the container and not drown the lobster. Alternately, wrap/cover the lobster loosely in a moist, saltwater-soaked towel. Using either of these methods, the lobster can be enjoyed fresh at home, or frozen.
For driving long distances, consider putting them in a wood box with wood shavings. Lobsters are imported from Mexico this way and last a surprisingly long time. Alternately, use ice packs in a cooler - lobster may be left overnight with the cooler lid cracked and are still quite alive in the morning.
(Ref. Section 29.90(e))
Q. What is the purpose of the spiny lobster report card?
A. The purpose of the reporting requirement is to monitor recreational spiny lobster catch, fishing effort and the gear used in the recreational fishery. Although the DFG has considerable information about the commercial lobster fishery from landing receipts and logbooks, the DFG has very little reliable information on the magnitude of the recreational lobster catch and fishing effort.
Q. Is there a limit to the number of spiny lobster report cards I can buy?
A. No. Unlike abalone and sturgeon report cards, there is currently no limit on the number of lobster report cards one can purchase.
Q. Am I required to have the spiny lobster report card in possession when I'm fishing for spiny lobsters?
A. Yes. All individuals must have a spiny lobster report card in their possession while fishing for or taking lobster, or assisting in fishing for lobster. In the case of a person diving from a boat, the report card may be kept in the boat. In the case of a person diving from the shore, the report card may be kept within 500 yards from the point of entry.
Q. What will DFG do with the additional income generated from the sales of spiny lobster report cards? Will it be used for anything to do with lobster?
A. The funds can be used to support any Department project, including those specifically focused on lobster.
Q. Where and when do I submit the card once it's filled out?
A. Completed cards should be dropped off or mailed to the address specified on the report card by January 31 of the following year.
Q. Are there any additional restrictions not listed in the DFG regulations, concerning recreational spiny lobster take in specific areas?
A. You may want to check with local authorities (for example, the harbormaster in the area where you wish to take lobster) regarding any additional restrictions on lobster fishing in harbors, etc. Local authorities have the right to restrict certain activities in these areas in the interest of public safety. Such authorities cannot impose rules that are more lenient than state fishing regulations, but they may impose more stringent restrictions regarding access, for example, in certain high traffic areas if they have concerns about the public's well being caused by fishing activity in a given area.
Q. If I'm fishing for crab from a public pier and I'm NOT fishing for spiny lobster, do I still need the lobster report card?
A. If you're not fishing for spiny lobster, you do not need to purchase a spiny lobster report card. By the same token, if you catch spiny lobster while fishing for rock crab, you cannot keep spiny lobster if you do not have a spiny lobster report card in your possession.
Q. I'm a scuba diver and a kayak fisherman. I want to use a hoop net this season, and bring my scuba gear on the kayak at the same time. Another diver told me it was illegal to have more than one type of hunting device on the kayak (hoop net and scuba). Is this statement correct?
A. It is legal to carry hoop nets and scuba gear aboard your kayak when hunting for spiny lobster south of Yankee Pt. (Monterey County). Section 29.05(d) prohibits the use of scuba north of Yankee Pt. for all invertebrates except sea urchins, rock scallops and crabs of the genus Cancer. South of Yankee Pt. you can use and possess scuba gear and hoop nets simultaneously on your kayak when hunting lobster.
While scuba gear is not illegal to carry aboard a kayak, remember that it is illegal to use or possess any hooked devices while diving or attempting to dive for crustaceans. Spearfishing gear, specifically the spear, could arguably be considered a hooked device. A game warden would make the final determination of this when checking your gear.
Even though you may intend to use a spear only for spearing fish and not as a tool to assist in persuading a shy lobster to come out of its cozy cave or crevice, you should probably do your spearfishing and lobster diving on separate dives.
Q. My son is 15 years old and will fish with me this year. We both have our report cards. Does he have to carry his own catch? Or can I be in possession of more than my legal 7 "bugs"?
A. Until you get the lobster home, your son will need to be in the immediate vicinity of his catch, so that if a warden stops you, your son's spiny lobster can be attributed to him via his spiny lobster report card (he must carry his report card). As long as you're together, there's nothing wrong with carrying his lobster for him.
For example, you and your son go hoop netting from a pier and have a cooler in which you place your combined spiny lobster catch. When you're done hoop netting you carry the cooler off the pier with your son walking next to you. You are stopped by a warden to whom you show your catch and both of your cards. Because two persons with two filled-out spiny lobster report cards are present to account for two limits of spiny lobster (it was a great night for hoop netting "bugs"!), the warden can see that you are following regulations, even though only one person is carrying all the lobster.
To be "in possession" of his catch, your son needs to be in the immediate vicinity-- walking down the pier with you, traveling home together in the car, etc., with the spiny lobster he caught fully accounted for on his spiny lobster report card.
Q. Do kids under 16 need a spiny lobster report card too?
A. Yes, if they are fishing for, taking, or assisting with fishing for spiny lobster.
Q. I have heard about a new spiny lobster brochure. Where can I find one?
A. You can find the new spiny lobster brochure, which contains a summary of information about the new lobster report card, basic lobster fishing rules, and lobster life history information, at selected DFG offices in coastal Southern California, or view it on the DFG website.
Q. How big and how old do California spiny lobsters get?
A. Males can live up to 30 years, and females at least 20 years. There are records of male California spiny lobster weighing over 26 pounds and attaining lengths up to three feet. Today, lobsters over five pounds are considered trophy-size.
View a brochure containing California spiny lobster information. (Note: Large file size - 2.7 MB).
Q. What is the minimum size limit for spiny lobster, and how do I measure a lobster?
A. The minimum size limit for recreational fishermen is three and one-fourth inches, measured in a straight line on the midline of the back from the rear edge of the eye socket to the rear edge of the body shell.
View a lobster measurement diagram. Reference Section 29.90(c) Title 14, California Code of Regulations.
Q. What is the daily bag limit for lobster? The possession limit?
A. According to Section 29.90(b) T14, CCR, the daily recreational bag limit is seven lobsters per person. Additionally, Section 1.17 states that no more than one daily bag limit may be taken or possessed by any one person unless otherwise authorized (see Declaration for Multi-Day Fishing Trip, Section 27.15 T14, CCR), regardless of whether they are fresh, frozen or otherwise preserved. This means that if you have a limit of seven lobsters at home, you cannot go out and get more lobsters until the first limit is disposed of in some way (eaten, given away, etc).
Q. Am I required to have a lobster gauge when I go fishing for lobster? Can I use a tape measure or a ruler?
A. Every person while taking lobster (or other invertebrates which have a minimum size limit) shall carry a device which is capable of accurately measuring the size of the lobster. Due to the curvature of the lobster's carapace and the measurement method described above, a tape measure or ruler is not capable of measuring the size of the lobster accurately; a gauge with a fixed span works best. Reference Section 29.05(c) T14, CCR.
Q. When should I measure the lobster I catch?
A. Any lobster may be brought to the surface of the water for the purpose of measuring, but no undersize lobster may be brought aboard any boat, placed in any type of receiver, kept on the person or retained in any person's possession or under his direct control; all lobsters shall be measured immediately upon being brought to the surface of the water, and any undersize lobster shall be released immediately. Reference Section 29.90(c) T14, CCR.
Q. When does recreational lobster season start and end?
A. Recreational lobster season runs from the Saturday preceding the first Wednesday in October through the first Wednesday after the 15th of March. Here are the dates for the next two seasons:
Saturday, October 2, 2010 through Wednesday, March 16, 2011
Saturday, October 1, 2011 through Wednesday, March 21, 2012
Reference Section 29.90(a) T14, CCR.
Q. When does recreational lobster season "technically" start - the actual time it opens?
A. Recreational lobster season opens at 12:00:01 AM on the Saturday preceding the first Wednesday of October and closes at 12:00:00 PM (midnight) on the first Wednesday after the 15th of March.
Q. What are the legal methods of take for spiny lobster? Can I use a "tickle stick" to coax a lobster from its hiding spot?
A. According to Sections 29.80(a) and (b) of Title 14, California Code of Regulations, spiny lobsters may only be taken by hand or by hoop net. You cannot use any other devices to take or assist in taking lobster - this includes "tickle sticks" or other similar appliances used to coax a lobster from its hiding spot.
Q. Can a sport fisherman use traps to take lobster? What about lobsters that are taken on hook and line while fishing for finfish?
A. No. As stated above, lobsters may only be taken by hand or by hoop net - traps may not be used. Lobsters that are taken incidentally on hook and line while fishing for finfish must be returned to the water immediately.
Q. How many hoop nets can I use on my boat?
A. According to Section 29.80(b) T14, CCR, not more than 5 baited hoop nets may be fished by a person, not to exceed a total of 10 hoop nets fished from any vessel, regardless of how many people are aboard.
Q. How many hoop nets can I use while fishing from a public pier?
A. You may use up to two appliances (rod and reel, hoop net, etc.) while fishing from a public pier - two rods and reels, or 1 rod and reel and 1 hoop net, or 2 hoop nets. Reference Section 28.65(b) T14, CCR.
Q. May I tail my legally harvested lobsters while still at sea or at the boat launch ramp?
A. No. California Fish and Game Code Section 5508 states "It is unlawful to possess on any boat or bring ashore any fish upon which a size or weight limit is prescribed in such a condition that the size or weight cannot be determined." Separating the tail from the carapace (body) makes it impossible to determine if the lobster was of legal size; the animal must remain whole until you are ready to cook it. If cooking for immediate consumption while at sea, retain the carapace until the tail is consumed.