Sport Abalone Regulations

Synopsis of State of California Department of Fish & Game Sport Fishing Regulations Regarding Abalone April 1 thru June 30 and August 1 thru November 30, 2003

DISCLAIMER

The author has tried to include all applicable portions of the Regulations and answer all possible questions that may arise about their interpretation. There may be omissions or errors in our interpretation. Remember that you and you alone are ultimately responsible for following the regulations. Fines are high. Obtain a copy of the Regulations and study them. If you are not sure of any portion, ask the Department of Fish & Game for an interpretation.

The Department also has the regulation changes from last year on a web page for your reference. The complete 2002 Ocean Fishing Regulations are also on a web page in PDF format but this is a very large file (9,642KB) and will take a long time to load.

LICENSES

1. If you are 16 years of age or older you must have a fishing license to take abalone. A One-Day Pacific Ocean-only license or a One-Day Pacific Ocean-Only License with Ocean Enhancement Stamp is not valid for the take of abalone.

2. To take abalone you must also have an Abalone Report Card with your license. IMMEDIATELY upon taking and/or bringing ashore an abalone you must make a hole in the report card in one of the designated locations and record with indelible ink the date, time and location code in the spaces adjacent to the punch. Any delay in filling out the report card can result in a citation. The yearly limit is 24 abalone. The Abalone Report Card must be returned to the Department of Fish and Game, 19160 South Harbor Drive, Fort Bragg, California, 94537, within 30 days of the close of the abalone season - by December 30, 2003. Note that the regulations do NOT say within 30 days of the close of the year.

3. Persons diving from a boat must have their license and report card on their boat. A dive board or kayak is considered a boat. Persons diving from shore need not have their license and report card with them but the license and report card must be within 500 yards on the shore .

4. Abalone taken under authority of a sport fishing license may not be sold. Abalone shells and abalone parts can not be sold because they are also taken under authority of a sport fishing license.

CLOSURES and ALLOWED SPECIES

5. The ocean waters south of a line drawn due west magnetic from the center of the mouth of San Francisco Bay, including all islands, are closed to the take of all abalone.

6. The ocean waters north of a line drawn due west magnetic from the center of the mouth of San Francisco Bay are open to the take of red abalone only.

SEASON and HOURS

7. Abalone may be taken only during the months of April, May, June, August, September, October and November.

8. Fishing hours: One-half hour before sunrise to one-half hour after sunset only.

LIMIT

9. The daily bag limit is three (3) abalone. The yearly limit is 24 abalone.

10. You may not have more than one day's limit in your possession. Though you are allowed only one day's limit in your possession, you can give away your limit or portion thereof as long as you do not retain "constructive possession" of it. Giving the abalone to your three year old child, for example, would not be giving up "constructive possession." After you give away your abalone you can then be in the possession of another limit as long as it wasn't taken on the same day. The person to whom you give your abalone does not have to possess a fishing license.

11. There are provisions to have two day's limits in possession on Multi-Day Fishing Trips under special procedures. This does not allow a person to take two limits on one day.

12. You are not allowed to help another diver obtain their catch unless your personal take is reduced by the same number of abalone that you helped the other person take. To avoid punch card violations don't transfer possession of an abalone that you taken to another diver while still in the water. Bring the abalone that you have legally taken back to your boat or car and fill out your report card as required. At that time you can give away your abalone. This next step is meant to avoid any potential problem that the receiver may encounter if approached by a Game Warden while being in possession of abalone without a report card being filled out. The person gifting the abalone should write a note for the giftee stating the facts of the gifting (date,time and location) along with his personal contact information and punch card number so if the giftee is stopped later the facts of the gifting can be verified by the Game Warden.

13. Minimum size for red abalone is seven (7) inches. Size is measured in greatest shell diameter.

14. All legal size abalones detached must be retained, and a person shall stop detaching abalones when the bag limit is reached. You are not allowed to "trade up" your abalone. Once you have taken a legal sized abalone you can not take another abalone to replace a smaller legal one that you already have already taken.

15. No undersized abalone may be brought ashore or aboard any boat, placed in any type of receiver, kept on the person, or retained in any person's possession or under his control. Abalone not retained must be replaced immediately with the shell outward to the surface of the rock from which detached. Abalones brought ashore shall be in such a condition that the size can be determined. Abalones not attached in the shell may not be transported or possessed, except when being prepared for immediate consumption. Do not remove any abalone from the shell or accept any abalone which is out of the shell unless you are going to consume it IMMEDIATELY.

GEAR

16. SCUBA or surface supplied air may not be used to take abalone. Abalone may not be taken or possessed aboard any boat, vessel or floating device containing SCUBA or surface supplied air. This includes dive boards and kayaks.

17. Abalone may be taken only by hand or by devices commonly known as abalone irons. An abalone iron purchased at a sporting goods store should comply with the legal requirements as to size, shape and absence of sharp edges. Knives, screwdrivers and sharp instruments are prohibited. This is important because if an undersized abalone is cut and replaced it will die because they do not have a blood clotting mechanism to stop bleeding.

18. Every person while taking abalone shall carry a fixed caliper measuring gauge capable of accurately measuring the species of abalone being taken. The measuring device shall have fixed opposing measuring arms which are of sufficient length to allow abalone to be measured by placing the gauge over the shell of the abalone. If more than one person is in the water, each person must have their own measuring device.