Hello Matt,
Thanks for contacting us on this issue. It's a complicated one (of course -- it couldn't be simple, now, could it?), dependent on the animals taken. The following information is from the Department's Law Enforcement Division:
Per the California Code of Regulations, Title 14 Section 1.62, the movement of live "finfish" is prohibited. Therefore, live marine fish may not be taken for display in a home aquarium except under a Marine Aquaria Collectors permit (available at Department license offices).
There is no corresponding law that applies to invertebrates, however. Maintaining live sport-taken invertebrates (for example, octopus) in a home aquarium should not be considered "display" as used in Fish and Game Code sections 8596-8597 re: Marine Aquaria Pet Trade. Therefore, octopus and other invertebrates may be maintained in a personal aquarium and do not fall under the provisions requiring a Marine Aquaria Collectors permit.
People may collect invertebrates under the authority of a sport fishing license and transfer them live as long as the animal is exclusively for that person's personal aquarium display. Invertebrates collected under the authority of a sport fishing license may NOT be used to establish breeding colonies for sale or trade with other collectors. This activity requires the collectors to have Marine Aquaria Collectors permits authorizing this activity. Even trading animals brings the activity under the provisions of Sections 8596-8597 because selling is a common part of any commercial activity especially as used in the Fish and Game Code. And possession for sale or trade are included in the definition of "sell" in Fish and Game Code Section 75.
Finally, transporting live invertebrates into a home aquarium is not restricted because Title 14 Section 1.62 only applies to the movement of live "finfish" and not to mollusks and crustaceans. And, there is no other general prohibition against transporting or possessing alive legally taken shellfish. Invertebrates can be kept alive forever, or a very long time, whichever comes first.
I hope this information answers your questions and clarifies what the law says regarding the collecting and personal display of marine animals. If you have any additional questions, feel free to contact us again.
yours,
Mary Patyten
Mary Patyten
California Department of Fish and Game
Marine Region Education and Outreach
(707) 964-5026
mpatyten@dfg.ca.gov