Section 122.2 - Pulling Spiny Lobster Traps(a) No lobster trap shall be pulled or raised or placed in the water between one hour after sunset to one hour before sunrise.(b) During the closed season for the taking of spiny lobster, no buoy attached to any trap may be marked in such manner as to identify the trap as a lobster trap, except that legally marked lobster traps may be placed in the water not more than 9 days before the opening of the season and may remain in the water for not more than 9 days after the close of the season, if the doors to such traps are wired open, the trap is unbaited, the buoy remains at the surface of the ocean, and no attempt is made to take lobsters.(c) Lobster traps may be set and baited 24 hours in advance of the opening date of the lobster season if no other attempt is made to take or possess the lobsters.(d) Trap Service Interval Requirement. A deployed lobster trap shall be raised, cleaned of debris, serviced to ensure mechanisms are properly functioning, and emptied at intervals not to exceed 168 hours except that lobster traps are not required to be serviced during the 9-day pre- and post- season period as described in subsection (b).(e) No trap shall be abandoned in the waters of this state. Lobster traps not retrieved 14 days after the close of the commercial lobster season shall be considered "abandoned."(f) By April 30 of each year, every lobster operator permit holder shall submit an End of Season Spiny Lobster Trap Loss Reporting Affidavit, DFW 1020 (Rev. 10/10/22), incorporated by reference herein, for each permit they hold to the address listed on the affidavit. (1) If a permit is transferred during the season, only the lobster operator permit holder who is in possession of that permit at the end of the season is required to submit the affidavit.(2) All trap tags shall be retained by each lobster operator permit holder until the beginning of the next lobster season.(g) The employees of the department may disturb or move any lobster trap at any time while such employees are engaged in the performance of their official duties and may inspect any lobster trap to determine whether it is in compliance with applicable provisions of the Fish and Game Code and this Chapter.(h) No lobster operator permit holder shall disturb, possess, use, control, or operate any lobster trap with a trap tag bearing a permit number other than their own nor any receivers bearing a commercial fishing license identification number other than their own except: (1) To retrieve from the ocean and transport to shore lobster trap(s) of another lobster operator permit holder that were lost, damaged, abandoned or otherwise derelict, provided that: (A) The permit holder making the retrieval has in possession written permission from the permit holder who owns the traps. The permission shall contain the commercial fishing license identification number of the permit holder who owns the trap.(B) No more than 6 derelict lobster traps may be retrieved per fishing trip.(C) Spiny lobsters in any retrieved lobster trap(s) shall not be retained and shall be returned to the ocean waters immediately.(D) Immediately upon retrieval of any lobster trap(s), the lobster operator permit holder retrieving the traps shall document in the retrieving vessel's log the date and time of trap retrieval, number of retrieved lobster traps, location of retrieval, and retrieved trap tag information.(E) Any retrieved lobster trap(s) shall be transported to shore during the same fishing trip that retrieval took place.(2) Under a waiver granted by the department, pulling, servicing, or transporting receivers or more than 6 lobster traps by another lobster operator permit holder is allowed if: (A) The lobster operator permit holder is unable to pull, service or transport their traps or receivers due to circumstances beyond the control of the permit holder.(B) A request for the waiver has been submitted in writing to the department's License and Revenue Branch. The waiver shall include: 1. Name and permit number of the lobster operator permit holder requesting the waiver;2. Name and permit number of the lobster operator permit holder pulling, servicing or transporting the traps and receivers;3. Proposed time period and location to conduct operations; and4. Lobster trap tag numbers or number of traps and receivers to be pulled, serviced or transported.(C) The department may request other related information prior to granting or denying the waiver.(D) The waiver may include conditions such as time period to conduct operations, landing prohibitions or any other criteria the department deems necessary.(E) A copy of the waiver approved by the department shall be in the possession of the lobster operator permit holder when pulling, servicing, or transporting the traps and receivers.(F) The lobster operator permit holder pulling, servicing, or transporting the traps and receivers may retain spiny lobsters caught in the traps or contained in the receivers unless otherwise specified as a condition of the waiver.(3) From 15 days after the close of the commercial lobster season through September 15, an unlimited number of lobster traps may be retrieved by a lobster operator permit holder or a department designee and transported to shore.Cal. Code Regs. Tit. 14, § 122.2
1. New section filed 3-2-2017; operative 4-1-2017 pursuant to Government Code section 11343.4(b)(3) (Register 2017, No. 9).
2. Amendment of section heading and subsections (f) and (h), new subsection (h)(1)(A), subsection relettering, amendment of newly designated subsection (h)(1)(C) and amendment of subsections (h)(2)(A) and (h)(2)(F) filed 7-24-2023; operative 9-1-2023 pursuant to Government Code section 11343.4(b)(3) (Register 2023, No. 30). Note: Authority cited: Sections 1050 and 7078, Fish and Game Code. Reference: Sections 7050, 7055, 7056, 8250.5, 8251, 9002 and 9010, Fish and Game Code.
1. New section filed 3-2-2017; operative 4/1/2017 pursuant to Government Code section 11343.4(b)(3) (Register 2017, No. 9).
2. Amendment of section heading and subsections (f) and (h), new subsection (h)(1)(A), subsection relettering, amendment of newly designated subsection (h)(1)(C) and amendment of subsections (h)(2)(A) and (h)(2)(F) filed 7-24-2023; operative 9/1/2023 pursuant to Government Code section 11343.4(b)(3) (Register 2023, No. 30).