I was told pretty explicitly by a California state official that a sport fishing license is OK to take for a personal-use pet, but the special permit was required to resell the animal as a pet for someone else. So, a sport fishing license is sufficient to "collect your own pet" but not to "collect an animal to be sold as a pet." It sounded like collecting a pet to be given away for free to someone else is out as well, although that wasn't really explicit. It seemed pretty clear that collecting to breed and sell the offspring was OK with the sport fishing permit as well.SanClementeEric;128770 said:These regulations apply to taking animals for food and if you research the regulations further, you'll see that it is illegal to take any live animal home for a pet, no matter what area.
If you want to take animals for pets, you have to get a special permit from DFG for that. And it ain't easy.
What state official was that? Do you have that in writing?monty;128773 said:I was told pretty explicitly by a California state official that a sport fishing license is OK to take for a personal-use pet, but the special permit was required to resell the animal as a pet for someone else.
I guess since it's an official communication, it's not bad form to quote the letter (now that I've dug it up):SanClementeEric;128775 said:What state official was that? Do you have that in writing?
I find it hard to believe considering regulations explicitly prohibit transporting live fish under a sport fishing license but I have put in a query to the DFG to clarify.
Other inquiries with my state Senator's office found that putting both bimac species on the restricted list for the aquarium trade was done at the request of longtime TONMO friend Eric Hochberg, who was concerned that if they became popular enough, they could be overcollected enough to impact the wild populations. Here's that email (I removed the "to" line since Damian is a representative of my state Senator who contacted DFG for me, and I don't want to expose his email to spammers):Date: Tue, 04 Apr 2006 10:22:50 -0700
From: "Ed Roberts"
Subject: Re: regulations regarding collecting octopuses as pets
I apologize for the delay in responding to your email. I recently answered a similar question from another person who posts on TONMO.com.
Here's the long and short of it:
Section 8597(b) of California Fish and Game Code lists the species of marine organisms that may be taken under the authority of a marine aquaria collector's permit.
Specifically, Section 8597(b)(2)(H) states that all species of octopus may be taken EXCEPT O. bimaculatus and O. maculoides. (note - maculoides is an error - should read bimaculoides).
So, these two species of octopus may not be taken legally for the California marine aquaria trade.
These two species of octopus can be taken under the authority of a sport fishing license. There are no regulations that would prohibit you from displaying live specimens of O. bimaculatus and O. bimaculoides in your home aquarium for your hobby. You may run into problems if your intent is to supply specimens for fellow hobbyists or businessess. Remember - it is illegal to buy, sell, barter or trade fish and shellfish taken with a sport fishing license. Be sure to review the appropriate sport fishing regulations before you go out to collect your octopus. Also, please be aware of the impacts that your collecting may have on the population and habitat, and work to minimize these impacts.
I hope this answers your questions.
Edgar W. Roberts III
California Department of Fish and Game
619 Second Street
Eureka, CA 95501
Visit the Marine Region's Website at:
Call the Recreational Groundfish Fishing
Regulations Hotline at:
From: Department of Fish and Game
Sent: Wednesday, March 15, 2006 3:35 PM
Subject: Two Spot Octopus
I have been advised by DFG staff that was involved with negotiations
with the aquarium trade for the on species included in FGC 8597 that DFG
did not have data specifically about this species, or the half dozen
species that are harvested in CA.
What we do know is that both species of two-spot octopus (Octopus
bimaculoides and O. bimaculoidoides) are found in the intertidal and
subtidal waters of southern California. The females lay their eggs and
then care for them until they hatch.
Two-spot octopus are important both as predator and prey. In addition
to concern for over-exploitation of small specimens (before they've had
a chance to reproduce), there was also concern about the removal of
female octopus from their broods, and the destruction of intertidal
habitat (and associated animals) to collect them.
We work with an octopus expert at the Santa Barbara Museum of Natural
History , Dr. Eric Hochberg, who volunteered as a contact if more
detailed information is needed. ((contact information deleted for privacy, ask me privately if you need it to follow up. -Monty))
I hope this is helpful. Let me know if you require additional
DFG Legislative Representative
Keith, you cannot collect that bimac. Just because there are no regulations that prohibit the display of them doesn't mean you can collect them. If you collect them, you are breaking the law, at least in California.Keith;128822 said:Oh hell yes. That just made my day. I still don't have an octo yet, so I can still change what I want. I wanted a bimac, but I couldn't find any for purchase, so I was going to get a briareus instead. I tried to find this same information several times, and got no responses. Now I have some options. Theres even a spot where I caught what I believe to be a bimac pretty close to me. Monty, you're a bad ass.