Cal. Code Regs. tit. 14 § 121.5

Current through Register 2024 Notice Reg. No. 44, November 1, 2024

Section 121.5 - Spiny Lobster. Minimum Size and Verification

(a) No spiny lobster less than 3 and 1/4 inches in length measured in a straight line from the rear edge of the eye socket to the rear edge of the body shell, both points to be on the midline of the back, may be taken, possessed, purchased, or sold.

(b) Every person taking spiny lobster shall carry a fixed caliper measuring device and shall measure any spiny lobster immediately on removal from the trap and if it is found to be undersize the spiny lobster shall be returned to the water immediately. When a trap is pulled to the surface, any spiny lobster within shall be measured immediately and prior to any additional traps being pulled to the surface.

(c) All spiny lobsters taken, possessed, transported or sold must be maintained in such a condition that their size can be determined as described in subsection 121.5(a) of these regulations until prepared for immediate consumption or sold to the ultimate consumer except as provided for in subsection (d) below.

(d) Spiny lobsters may be split along the midline of the carapace by persons licensed pursuant to Fish and Game Code Section 8034 (Fish Processors License) or Section 8037 (Commercial Fish Business License) provided both halves of each spiny lobster are kept together by banding or packaging until either displayed for purchase by the ultimate consumer or prepared for immediate consumption.

Cal. Code Regs. Tit. 14, § 121.5

1. New section filed 3-21-90 as an emergency; operative 3-21-90 (Register 90, No. 13). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 7-19-90.
2. Repealed by operation of Government Code section 11346.1(g) 120 days from effective date (Register 91, No. 41).
3. New section filed 3-10-93 as an emergency; operative 3-10-93 (Register 93, No. 11). A Certificate of Compliance must be transmitted to OAL 6-8-93 or emergency language will be repealed by operation of law on the following day.
4. New section refiled 9-27-93 with amendment of subsection (b); operative 10-27-93 (Register 93, No. 40).
5. Amendment of section heading and section filed 3-2-2017; operative 4-1-2017 pursuant to Government Code section 11343.4(b)(3) (Register 2017, No. 9).
6. Amendment of section heading, subsections (b)-(d) and NOTE 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 2365, 7075, 7078 and 8254, Fish and Game Code. Reference: Sections 2365, 7050, 7075, 7078 and 8254, Fish and Game Code.

1. New section filed 3-21-90 as an emergency; operative 3-21-90 (Register 90, No. 13). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 7-19-90.
2. Repealed by operation of Government Code section 11346.1(g) 120 days from effective date (Register 91, No. 41).
3. New section filed 3-10-93 as an emergency; operative 3-10-93 (Register 93, No. 11). A Certificate of Compliance must be transmitted to OAL 6-8-93 or emergency language will be repealed by operation of law on the following day.
4. New section refiled 9-27-93 with amendment of subsection (b); operative 10-27-93 (Register 93, No. 40).
5. Amendment of section heading and section filed 3-2-2017; operative 4-1-2017 pursuant to Government Code section 11343.4(b)(3) (Register 2017, No. 9).
6. Amendment of section heading, subsections (b)-(d) and NOTE filed 7-24-2023; operative 9/1/2023 pursuant to Government Code section 11343.4(b)(3) (Register 2023, No. 30).