The regulations for the take of abalone are sometimes unknown or misunderstood. While it is unfortunate that some are caught breaking the rules due to ignorance, it is up to each person who becomes involved in the sport to learn the rules. This article presents the pertinent sections of Title 14, California Code of Regulations, with explanations of what they mean.
29.05 INVERTEBRATES GENERAL: (d) In ocean waters
skin and SCUBA divers may take invertebrates as provided in this
article except that north of Yankee Point (Monterey Co.), self-contained
underwater breathing apparatus (SCUBA) may be used only to take
sea urchins, rock scallops, and crabs of the genus Cancer. For
the purpose of this section, breathing tubes are not considered
underwater artificial breathing devices.
North of Yankee Point, at Carmel Highlands south of Monterey, you can only take abalone by shore or by free diving. Take includes detaching abalone, so moving abalone using underwater breathing devices is not allowed.
29.15 ABALONE: (a) Limit: See subsection (a) (1)
below for black abalone limit. North of Yankee Point (Monterey
Co.) four in the combination of all species. South of Yankee Point
two in combination of all species. Minimum size measured in greatest
shell diameter: Red abalone seven inches; green abalone, pink
abalone, and white abalone six inches; black abalone five inches;
and all other species four inches. All legal size abalone detached
must be retained and a person shall stop detaching abalones when
the bag limit is reached.
There are two aspects to the limit: take and possession. You may not take more than one limit of abalone per day, and you may not possess more than one limit of abalone at any time. Fishing license requirements must be met to take, but not to possess. Taking abalone for others after reaching your limit ("dry-sacking") is illegal and doesn't help others become more experienced.
Once you have detached a legal size abalone you may not replace it with a larger one later. Exchanging abalone ("high-grading") is illegal and often results in death of the returned abalone due to small cuts which occur during removal. Abalone blood does not clot readily, and they easily bleed to death.
(1) Black abalone: Notwithstanding subsection (a)
above, black abalone may not be taken or possessed at any time.
This subsection shall remain in effect until March 1,1995 and
as of that date is repealed.
Due to withering syndrome, a disease which affects abalone, and has particulary harmed stocks of black abalone in southern California, black abalone stocks need to be conserved. The Fish and Game Commission is scheduled to consider extending the black abalone closure in 1995.
(b) Open season: North of Yankee point (Monterey
Co.) abalone may be taken only during the months of April, May,
June, August, September, October, and November. South of Yankee
Point abalone may be taken only during the months of March, April,
May, June, July, August and September except as follows:
(1) Between Palos Verdes Point (Los Angeles Co.)
and Dana Point (Orange Co.) which extends to the northern boundary
of Doheny Beach Marine Life Refuge, abalone may not be taken any
time of the year.
(c) Fishing hours: One-half hour before sunrise and
one-half hour after sunset only.
North of Yankee Point, the abalone season is closed in December through March and also in July. South of Yankee Point, the season is closed in October through Febuary, except in the urbanized areas of greater Los Angeles where there is no season at all. The abalone fishing day is one hour shorter (30 minutes before sunrise and 30 minutes after sunset) than the daylight hours defined for inland fishing.
(d) Abalones Retained: No undersized abalone may
be brought ashore or aboard any boat, placed in any 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 condition that size can
be determined. Abalones not attached in a shell may not be transported
or possessed, except when being prepared for immediate consumption.
It is best to take abalone which are obviously larger than the size limit to avoid returns and the possible death of the returned animal due to cuts. Only undersized abalone may be returned and they must be returned and attached to the spot where they were removed. Detached abalone are defenseless agenst rays, cabezon, crab, or starfish who will kill and eat them. If a broken shell makes the animal unmeasureable or undersized, the animal must be replaced. Abalones must remain in their shell untill just prior to eating. If you must freeze your abalones, leave them in their shells.
(e) Special gear provisions: Abalone may be taken
only by hand or by devices commonly know as abalone irons. Abalone
irons must be less then 36 inches long, straight or with a curve
having a radius of less then 18 inches such as irons made from
automobile leaf springs or similarly curved material, and must
not be less then 3/4 inch wide nor less then 1/16 inch thick.
All edges must be rounded and free of sharp edges. Knives, screwdrivers,
and sharp instruments are prohibited.
If you don't have a proper abalone iron, try removing them by hand. You must be quick and careful not to get your fingers caught under the shell. You may use more then one iron and they may be of different designs. An iron with maximum length and curvature would form a semicircle of about 1/3 of a 36 inch circle (114 degrees), not very practical.
(f) Measuring Device: Every person while taking abalone
shall carry a fixed caliper 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.
You must have an abalone gauge (Figure 6) in your possession while taking abalone. It is a violation to take abalone without a gauge, even if the abalone taken are not undersize. The gauge must be fixed at the size limit for the species you are taking. Possessing an undersize gauge, or gauge that cannot span the shell is illegal. -WV