Can I Collect Octopus for My Private Aquarium?

August 19, 2010

Question: I need to know if it’s legal to collect a pair of octopus for a private aquarium. I would like to use scuba to collect them in the Monterey/Santa Cruz area. (Jason K., Santa Cruz)

Answer: Octopus may be collected for a home aquarium and transported live under the authority of a sport fishing license as long as they are exclusively for that person’s personal aquarium display. Maintaining live sport-taken octopus in a home aquarium is not considered public “display” and thus does not fall under the provisions of the marine aquaria pet trade (Fish and Game Code, sections 8596-8597). Transporting live “finfish” (as opposed to mollusks and crustaceans) is prohibited (CCR Title 14, section 1.62).

Invertebrates collected under the authority of a sport fishing license may not be used to establish breeding colonies for sale or trade with other people. Any trading, selling or possession for sale or trade of these animals constitutes commercial marine aquaria pet trade activity and requires all parties to hold “marine aquaria collectors permits” authorizing this practice. A marine collector’s permit is also required for any animals on display for the public.

Octopus may not be taken from places where it is prohibited (for example, in a marine protected area) or via SCUBA north of Yankee Point (Monterey County), which would rule out the Santa Cruz/Monterey Bay area. For a map showing where Yankee Point is located, please see www.dfg.ca.gov/marine/pdfs/central_reference_points.pdf.