It is possible to collect bimacs legally, but there are some caveats.
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[sic].
What this means is it is illegal to collect either species of bimac to sell for the aquarium hobby. Although bimacs aren't threatened, this decision was made consciously to avoid a situation in the future if keeping cephalopods in glass boxes ever took off to the same degree as, say, keeping clownfish in glass boxes.
However, the California Ocean Sport Fishing Regulations (Section 29.10) allows any octopus to be taken on hook and line or by hand with a valid fishing license. As long as you're not collecting for "trade" I don't think there's a legal or moral impediment to collecting a bimac to keep in your own aquarium.
This is precisely why you won't find bimacs on any distribution lists at your LFS. Don't bother asking.
People have gotten away with selling bimacs by catching one around egg-laying season and then selling the offspring. The animals that are sold weren't collected from wild but rather hatched in captivity, and the mother was brought in under the auspices of the sport fishing license.
Dan
