(a) Subject to Article 5 (commencing with Section 8250) of Chapter 2, spiny lobster may be taken with lobster traps under a lobster permit issued pursuant to Section 8254.
(b) Notwithstanding Sections 8660 and 8665, lobster traps may be used in any area of the state not otherwise closed to the taking of lobsters up to, but not closer than, 75 feet of any private pier, wharf, jetty, breakwater, or dock.
(c) A wire lobster trap shall be built of rectangular wire mesh with inside mesh measurement not less than 11/2 inches by 31/2 inches, the 31/2-inch measurement to be parallel to the floor of the trap. A wire lobster trap shall be fitted with at least one rigid rectangular escape gap with an inside vertical measurement not less than 23/8 inches at all points and an inside horizontal measurement of not less than 111/2 inches at all points. The horizontal sides of the escape gap shall be located parallel to, and the escape gap within 23/8 inches of the floor on any outside wall of, the rearmost chamber of the lobster trap and shall be clearly accessible to the lobsters.
(d) Notwithstanding subdivision (c), wire may be used to hold the escape gap in place that reduces the inside vertical or horizontal measurement of the escape gap specified in subdivision (c), but only if all of the following requirements are met:
(1) The overall diameter of the wire, including any coating on the wire, shall measure less than 0.176 inches in diameter (the diameter of 7 SWG gauge wire using the Standard Wire Gauge (SWG) standard of measurement).
(2) A maximum of one wire wrap shall be located on each vertical side of the escape gap.
(3) A maximum of two wire wraps shall be located on the bottom horizontal side of the escape gap.
(4) Wire shall not be used on the top horizontal side of the escape gap.
(5) Each wire shall be tightly wrapped against the inside surface of the escape gap and shall not pass over the inside surface more than once. As used in this paragraph, “tightly wrapped” means no space exists at any point between the wire and the inside surface of the escape gap.
(e) A lobster trap constructed of lath or other material shall have an opening to allow a means of escape along the full length of one side of the rearmost chamber. The escape opening shall be of a spacing of not less than 23/8 inches, and the spacing shall be located parallel to, and within 23/8 inches of, the floor of the lobster trap.
(Amended by Stats. 2010, Ch. 565, Sec. 2. (AB 291) Effective January 1, 2011.)
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