ABALONE LAWS

RAAC  (Recreation Abalone Advisory Committee)

Abalone Tag Meeting
(08/14/08)

1. Current tagging problems (2008)

2. Tagging options for (2009)

3. Tagging plans for (2010)

4. Enforcement questions

Above are four agenda items that were discussed by the RAAC  Committee on August 14, 2008. Marin County Fish & Wildlife Committee Member and Former Deputy District Attorney Brooke Halsey  has offered to answer questions regarding the outcome of this meeting. Also, Mr. Halsey is the Executive Director of the Tiburon Salmon Institute and all questions regarding salmon restoration involving the Tiburon project are welcome. Questions may be sent to the below address.   Brooke@tiburonsalmoninstitute.com

    The below High-Grading article was provided by Game Warden Donald Powers and Marine Biologist Jerry Kashiwada....

A diver already has taken his third abalone for the day.  While waiting for his buddy to finish, he finds an abalone he believes is larger than the abalone he took.  What he does next will impact the local abalone population.  Ethically, morally and legally the proper action is to leave the abalone for another day.  The diver may chose to take the larger abalone and return one of his smaller but still legal sized abalone in the mistaken belief that no harm is being done. In doing so, he will not only violate a number of laws, he will probably increase the number of abalone he killed by 33%.  By law, any abalone taken over seven inches is counted toward an individual’s daily bag limit of three abalone, and the individual must stop detaching abalone once the bag limit is reached. This act of “high-grading” abalone is a significant problem that leads to the needless mortality of large adult abalone and negatively impacts abalone populations. 

Divers should not be fooled by the abundance of abalone into believing that abalone are unlimited and the resource cannot be harmed by minor violations of the law.  Similar thoughts were once common throughout the state but now only northern California has abalone in numbers which can support a recreational fishery.  One difference between northern California and the rest of the state is a set of conservative regulations which has limited the numbers of abalone taken each year.  The regulations were written with regard to biological limitations of abalone which increase their vulnerability to fishing pressure.  Violations of the regulations increase the numbers of abalone that die each year and jeopardize the health of the fishery. 

Northern California red abalone have the same biological constraints that have lead to the depletion of abalone populations around the world.  One factor which makes abalone vulnerable to fishing pressure is that they often incur mortal wounds when they are pried off the rocks.  Abalone which are cut while being removed often bleed to death because their blood has no clotting factors.  Deep cuts can go unnoticed because abalone blood is nearly colorless and their weak circulatory system pumps low volumes of blood.  Even abalone which are not cut can die from predation if they are returned to a habitat (sand, cobble, or algae-covered rocks) which does not allow them to securely clamp down.  In regards to fishery impacts on abalone populations, the safest practice is to be sure an abalone is legal size before removing it and to stop fishing after removing three abalone.  Any departure from this practice will likely increase abalone mortality and waste an extremely valuable resource.

An estimated 264,000 abalone were taken during the 2006 season.  This estimate is considered a minimum number because it is based partly on returned abalone cards and not every abalone taken is marked on cards.  The actual number of abalone killed by the fishery is also increased because of fatal injuries to abalone which are returned as being under-sized or being “high-graded.”  Both sources of additional mortality can be and should be avoided because the number of abalone taken is already high.

High abalone densities are vital in maintaining abalone populations.  Abalone are broadcast spawners that release eggs and sperm into the water.  When abalone density is low, fertilization is less likely to be successful and reproduction can fail.  Each abalone which dies as a result of “high grading” reduces the density of reproducing abalone and lowers the chances of eggs becoming fertilized.  “High grading” also mainly involves larger abalone which tend to produce more eggs or sperm than smaller ones and are more valuable in maintaining population levels.

Trophy abalone hunters generally search for abalone with shells measuring over ten inches in total length.  Individuals who illegally “high-grade” abalone while trophy diving replace abalone (usually abalone just under 10”) they have removed from the rocks for larger trophy abalone.  Often individuals who are “high-grading” abalone remove several abalone over their limit from the rocks while only retaining three of the largest ones.  As a result, large breeding abalone not retained as a part of an individual’s daily bag limit, needlessly die.

The search for trophy abalone is often driven by an individual’s need to show they are an accomplished diver.  The dive community can help protect abalone populations by insisting that divers earn their status by strictly following all laws.  Several techniques can be used to help divers stay legal.  First, know and obey the laws pertaining to abalone.  Use a large gauge to measure abalone while they are attached to rocks.  By measuring an abalone before you pry it off you can ensure it is the trophy you are looking for.  Use a dive line to mark abalone you are gauging or planning to take.  This ensures that you can measure the abalone and pry it off the rock on several dives if needed without the fear of losing it.  

The practice of “high-grading” abalone is a large problem that adversely affects the abalone fishery.  Individuals who “high-grade” abalone essentially create the same problem as that of a large scale poaching operation as they significantly increase mortality of breeding abalone along the north coast.  It may not seem as blatant of a violation but the result is the same - the reduced reproductive capacity of local abalone populations.

 FOR THOSE WHO WITNESS THE ILLEGAL PRACTICE OF HIGH GRADING OR ANY OTHER VIOLATION OF FISH AND WILDLIFE LAW, PLEASE CALL DFG’s 24-HR DISPATCH CENTER 1-888-DFG-CALTip.

Don Powers

State Game Warden

Jerry Kashiwada

Associate Marine Biologist, Marine Region Invertebrate Management Project

 abalone and fish questions? see below..great resource!

http://www.dfg.ca.gov/education/video/AbaloneRegulations.html

 (click on side links for more on abalone and diving data) 

      (answers at the bottom of scallop page)        

QUESTIONS and ANSWERS

Help! I can't read the tags

Question: Please help!!! I need reading glasses to fill out my abalone tags and so do my friends. We used to be able to fill out the cards back at the car, which was fine. But now with the new tags and regs we are required to fill out the tags as soon as we leave the water, but we can't see the fine print on the tags to fill them out! Our glasses are expensive and we have no way of bringing them with us when we dive. What can we do? Thank you. (David Gaon)

Answer: I can understand the challenges presented by small print and the difficulty you describe in trying to bring that very small print into focus without assistance. Unfortunately, there are no alternatives in the new regulations for either the diver or the game wardens - the report cards must be filled out immediately once coming ashore or boarding a boat.

The good news is that the tags and report cards are being redesigned for use next year in an effort to make them more "user friendly." Hopefully, that will include larger print!

In the meantime, you might want to consider including non-prescription reading glasses in your dive bag and/or a small magnifying glass. Either can be purchased at many convenience stores for under $15. At least with these you would not have to risk losing or breaking your prescription glasses and you will be able to comply with the regulations to legally continue taking abalone.

"Dennis McKiver" <DMCKIVER@dfg.ca.gov>

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