1. (a) Classes of Spiny Lobster Permits.

   1. (1) There is a transferable lobster operator permit, a non-transferable lobster operator permit and a lobster crewmember permit.
   2. (2) Under operator permits issued by the department, licensed commercial fishermen may take spiny lobsters for commercial purposes, but only with traps used pursuant to Fish and Game Code Section 9010, except that such traps shall only be used in Districts 18, 19, 20A, and that part of District 20 southerly of Santa Catalina Island between Church Rock and China Point. No other method of take is authorized for the commercial harvest of spiny lobsters.
   3. (3) Any licensed commercial fisherman who does not possess a valid transferable or non-transferable lobster operator permit may purchase a lobster crewmember permit, authorizing him/her to accompany a lobster operator permit holder and to assist the lobster operator permit holder in the commercial take of spiny lobster.
   4. (4) Exemption from Tidal Invertebrate Permit. A lobster operator permit holder or a lobster crewmember permit holder operating under the provisions of a lobster operator permit is not required to possess a Tidal Invertebrate Permit, but is subject to Section 123 of these regulations.

2. (b) Permit Renewal.

   1. (1) Each lobster operator permit shall be issued annually and shall be valid for the commercial lobster season. Each operator and crewmember permittee shall have his/her permit in possession when taking lobsters.
   2. (2) Applicants for renewal of a lobster operator permit shall be eligible to renew a lobster operator permit of the same classification, if they have held a valid lobster operator permit that has not been suspended or revoked, in the immediately preceding permit year.
   3. (3) No more than 2 lobster operator permits shall be issued to a licensed commercial fisherman.
   4. (4) Procedures and Deadline for Permit Renewal. Applications for renewal of transferable and non-transferable lobster operator permits must be received by the department or, if mailed, postmarked no later than April 30 of each year. Late fees, late fee deadlines, and late renewal appeal provisions are specified in Fish and Game Code Section 7852.2. Any person denied a permit under this Section may submit a written request for an appeal to the commission to show cause why his/her permit request should not be denied. Such request must be received by the commission within 60 days of the department's denial.

3. (c) Permit Transfers, Procedures, and Timelines.

   1. (1) Except as provided in this Section, a permit shall not be assigned or transferred, and any right or privilege granted thereunder is subject to revocation, without notice, by the commission, at any time.

   2. (2) A person with a valid transferable lobster operator permit that has not been suspended or revoked may transfer his/her permit to another person licensed as a California commercial fisherman. The permit holder or the estate of the deceased permit holder shall submit the notarized transfer application and the nonrefundable permit-transfer fee specified in Section 705 for each permit transfer. The transfer shall take effect on the date written notice of approval of the application is given to the transferee by the department. The permit holder shall transfer all department-issued trap tags to the transferee after the permit transfer has been approved by the department. The lobster operator permit shall be valid for the remainder of the permit year and may be renewed in subsequent years pursuant to this Section.

      1. (A) If a transferable lobster operator permit is transferred to a person with a valid transferable lobster operator permit and non-transferable lobster operator permit, the non-transferable lobster operator permit shall become null and void and the permit and trap tags shall be immediately surrendered to the department's License and Revenue Branch.
   3. (3) An application for a transfer of a lobster operator permit shall be deferred when the current permit holder is awaiting final resolution of any pending criminal, civil and/or administrative action that could affect the status of the permit.
   4. (4) Upon the death of a person with a valid transferable lobster operator permit, that person's estate shall immediately, temporarily relinquish the permit to the department's License and Revenue Branch. Trap tags shall also be temporarily relinquished to the department's License and Revenue Branch. The estate may renew the permit as provided for in this Section if needed to keep the permit valid. The estate may transfer the permit pursuant to this Section no later than 2 years from the date of death of the permit holder as listed on the death certificate.
   5. (5) Upon the death of a person with a valid non-transferable lobster operator permit, the permit shall be null and void and the estate shall immediately surrender the permit and trap tags to the department's License and Revenue Branch.
   6. (6) Any applicant who is denied transfer of a transferable lobster operator permit may submit a written request for an appeal to the commission within 60 days of the date of the department's denial.

4. (d) Restricted Fishing Areas.

   1. (1) No lobster trap used under the authority of this permit shall be used within 750 feet of any publicly-owned pier, wharf, jetty or breakwater; however, such traps may be used to within 75 feet of any privately-owned pier, wharf, jetty or breakwater.

   2. (2) No lobster traps shall be set or operated within 250 feet of the following specified navigation channels.

      1. (A) Newport Bay Harbor entrance: This area is bounded by straight lines connecting the following points in the order listed:

         33° 35.316′ N. lat. 117° 52.744′ W. long.;

         33° 34.365′ N. lat. 117° 52.374′ W. long.;

         33° 34.412′ N. lat. 117° 52.294′ W. long.;

         33° 35.368′ N. lat. 117° 52.658′ W. long.; and

         33° 35.316′ N. lat. 117° 52.744′ W. long.

      2. (B) Dana Point Harbor entrance: This area is bounded by straight lines connecting the following points in the order listed:

         33° 27.262′ N. lat. 117° 41.492′ W. long.;

         33° 26.511′ N. lat. 117° 42.061′ W. long.;

         33° 26.477′ N. lat. 117° 41.850′ W. long.;

         33° 27.201′ N. lat. 117° 41.286′ W. long.;

         33° 27.409′ N. lat. 117° 41.522′ W. long.; and

         33° 27.262′ N. lat. 117° 41.492′ W. long.

      3. (C) Oceanside Harbor entrance: This area is bounded by straight lines connecting the following points in the order listed:

         33° 12.344′ N. lat. 117° 24.166′ W. long.;

         33° 12.332′ N. lat. 117° 24.164′ W. long.;

         33° 11.775′ N. lat. 117° 25.155′ W. long.;

         33° 11.659′ N. lat. 117° 24.928′ W. long.;

         33° 12.233′ N. lat. 117° 24.047′ W. long.;

         33° 12.362′ N. lat. 117° 23.975′ W. long.; and

         33° 12.344′ N. lat. 117° 24.166′ W. long.

5. (e) Records. Pursuant to Section 190, any person who owns and/or operates any vessel used to take lobsters for commercial purposes shall keep and submit a complete and accurate record of all lobster fishing activities on a form (Daily Lobster Log, DFW 122 (REV. 03/2024), incorporated herein by reference) provided by the department.
6. (f) The person required to submit logs pursuant to Section 190 of these regulations shall have complied with said regulations during the immediate past license year, or during the last year such person held a permit, in order to be eligible for a successive year annual permit.
7. (g) All lobster operator permit holders fishing jointly on one vessel shall both be liable for any violation incurred by any of the lobster operator permit holders or crew-member permit holders fishing from that vessel.
8. (h) No SCUBA or other underwater breathing apparatus equipment shall be used to take lobster, except that this equipment may be used to locate and secure traps for retrieval. Lobsters contained in a trap that has been secured using SCUBA, or any other underwater breathing apparatus equipment, may be possessed after the trap has been serviced aboard the vessel only if the secured trap(s) has not exceeded the trap service interval requirement as specified in subsection 122.2(d) of these regulations.

Note: Authority cited: Sections 1050, 7075, 7078, 8254 and 8259, Fish and Game Code. Reference: Sections 1050, 2365, 7050, 7055, 7056, 7071, 7852.2, 8026, 8043, 8046, 8250, 8250.5, 8254, 9002, 9005, 9006 and 9010, Fish and Game Code.

History

1. Amendment of subsection (k) filed 10-12-77 as an emergency; effective upon filing (Register 77, No. 42). For prior history, see Register 73, No. 50.

2. Certificate of Compliance filed 12-16-77 (Register 77, No. 51).

3. Amendment of subsections (g) and (i) and new subsections (m) and (n) filed 5-15-80; effective thirtieth day thereafter (Register 80, No. 20).

4. Editorial correction of subsection (m) (Register 81, No. 19)

5. Amendment of Note filed 10-19-81; effective thirtieth day thereafter (Register 81, No. 43).

6. New subsection (j) and relettering of subsections (j)-(n) to subsections (k)-(o) filed 10-5-82; effective thirtieth day thereafter (Register 82, No. 41).

7. Amendment of subsection (g) filed 11-17-83; effective thirtieth day thereafter (Register 83, No. 47).

8. Amendment of subsection (l) filed 1-17-85; effective thirtieth day thereafter (Register 85, No. 3).

9. Amendment of subsections (h) and (k) filed 1-15-86; effective thirtieth day thereafter (Register 86, No. 3).

10. Amendment of subsection (m) filed 12-8-89; operative 1-1-90 (Register 89, No. 50).

11. Amendment of subsection (h) filed 9-4-90; operative 9-4-90 (Register 90, No. 42).

12. Amendment of subsection (a) and Note filed 11-1-94; operative 11-1-94 pursuant to Government Code section 11346.2(d) (Register 94, No. 44).

13. Amendment of subsections (a)-(b) filed 9-6-95; operative 9-6-95 pursuant to Government Code section 11343.4(d) (Register 95, No. 36).

14. Amendment of section and Note filed 9-10-96; operative 10-10-96 (Register 96, No. 37).

15. Editorial correction of subsections (g) and (n) and Note (Register 98, No. 37).

16. Repealer of subsections (d)(1)-(d)(1)(B), amendment of subsection (f)(1) and new subsection (o)(2)(C) filed 9-9-98; operative 9-9-98 pursuant to Government Code section 11343.4(d) (Register 98, No. 37).

17. Amendment redesignating former subsection (e)(1) as subsection (e), redesignating and amending former subsection (f)(1) as subsection (f) and repealing subsections (e)(2) and (f)(2)-(f)(3) filed 6-16-2003; operative 7-16-2003 (Register 2003, No. 25).

18. New subsection (i) and subsection relettering filed 3-8-2005; operative 4-7-2005 (Register 2005, No. 10).

19. Amendment of section and Note filed 7-13-2005; operative 7-13-2005 pursuant to Government Code section 11343.4 (Register 2005, No. 28).

20. Amendment of subsection (f) and Note filed 7-8-2008; operative 7-8-2008 pursuant to Government Code section 11343.4 (Register 2008, No. 28).

21. Amendment filed 10-7-2009; operative 11-6-2009 (Register 2009, No. 41).

22. Amendment of subsection (r)(1) filed 10-5-2010; operative 11-4-2010 (Register 2010, No. 41).

23. 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).

24. Amendment of subsection (d)(2)(B) filed 9-29-2017; operative 9-29-2017 pursuant to Government Code section 11343.4(b)(3) (Register 2017, No. 39).

25. Amendment of subsections (a) and (a)(2) and amendment of Note filed 7-24-2023; operative 9-1-2023 pursuant to Government Code section 11343.4(b)(3) (Register 2023, No. 30).

26. Amendment of subsection (e) filed 11-13-2024; operative 1-1-2025 (Register 2024, No. 46).