Abalone Tips

[JustinW]

Ok, on the regulations, the rules are 3 per day and 3 in possession, which means if you have 3 from the day before, you cannot get another 3 until the first 3 are gone. Get it? In other words, the max you can ever have is 3 and they must be in the shell. If you give them away you are no longer in possession, there are no rules about giving them away, except that the new person in possession can also only have 3 in possession. You do not have to have an ab card or a liscense to be in possession but you must follow the rules of possession.

Red Abalone obtained through a sport liscence are not a controlled species, they do not have CITES regulations or any other sort of classification. The only thing controlled about them is the divers that get them, we are controlled and watched carefully, the abalone are free to roam whereever they please.

 

[JustinW]

What I'm really questioning is that since I know there are specific regulations that specifically apply to the mail, and since the regulations on abalone are so tight, though I'm pretty certain it is legal to gift an ab to my dad provided he is not in possession of more than two, and no money or goods are changing hands, but I'm not sure the legalities involved in getting my ab from California to North Carolina or if it's like shipping any other food item?

There is no problem shipping or transporting these out of state lines. The reason for this is because we know many people come from out of state to take game, then travel back with it. While we might not think of it much in terms of abalone, but think of the people that come to hunt deer or other larger species. People are allowed to carry these out of state lines via mail, car or plane. If you send it next day air, especially if you freeze it solid and pack it well, you won't have any problem in that 24 hour period, especially this time of year. It will be traveling primarily at night anyhow.

 

[Ishie]

Thank you!!!

 

[divenut2001]

Also, I have heard giving abs to a 2 year old doesn't qualify in the eyes of the judge!!!

A 2 year old is a person and qualifies. How many times have you seen a vehicle in a 3 person min carpool lane with the only adult being the driver?

 

[BrianM]

A 2 year old is a person and qualifies. How many times have you seen a vehicle in a 3 person min carpool lane with the only adult being the driver?

Obviously you are free to interpret the law any way you choose! When you figure in the dollar amount of the fines and the fact that the regs are enforced by humans that have a hard time being completely subjective, I personally don't think it would be worth the risk. If the officer gets a feeling you are trying to bend the rules, they usually write a citation and let the judge sort it out.

I think the analogy of riding in a carpool lane doesn't fit here... giving someone abalone requires them to accept the gift and take possesion of the gift. How many 2 year olds are going to be able to answer the DFG Officer's questions properly about "their" abalone?

 

[mweitz]

Interesting.

http://www.cencal.org/abregs.html

Check out the limit portion. Though this isn't an "official" site, I would be willing to bet that it is correct ....

With that said, my 2 year old happens to LOVE abalone and is quite able to provide lots of information on what is HERS.

Mark

 

[divenut2001]

Obviously you are free to interpret the law any way you choose! When you figure in the dollar amount of the fines and the fact that the regs are enforced by humans that have a hard time being completely subjective, I personally don't think it would be worth the risk. If the officer gets a feeling you are trying to bend the rules, they usually write a citation and let the judge sort it out.

I think the analogy of riding in a carpool lane doesn't fit here... giving someone abalone requires them to accept the gift and take possesion of the gift. How many 2 year olds are going to be able to answer the DFG Officer's questions properly about "their" abalone?

Well Brian, why don't you check the regs and see what "they" say and not "what you heard".

Commuter lanes are meant for people going to work. A "2 year old" in a child safety seat clearly hasn't joined the work force yet but is concidered a person and qualifies as one of how many you need to use that lane. They also qualify as someone you can gift abs to.

A dog now, no matter how much you concider them a member of the family, does not qualify.

 

[mweitz]

Divenut,

Did you read the link I provided?

What I think is relevant here is if you have a 2 year old, you are in possession of whatever they have. There is no way to draw comparisons between this and carpool lanes.

Also, don't get the regulations confused with the law. The regulations are the "rules". The law is how they are interpreted / enforced. If your 2 year old has some abs, you are still in "constructive possession" of them, period. They don’t know what to do with them, and you are still exercising control over them.

Here is a copy / paste of the relevant portion:

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.

Mark

 

[JustinW]

Mark makes a good point. So long as your Father is older than three years old, you likely dont' have anything to worry about, now why haven't you sent those abs off yet, oh yeah, and when you do ship it, ship it on a monday, so if it gets lost, he doesn't get a smelly package that sat over the weekend.

 

[BrianM]

Well Brian, why don't you check the regs and see what "they" say and not "what you heard"

Well nut, I have checked the regs and I am not able to find any mention of rules about giving away abalone... maybe you could post a link to where in the regs it says it's legal to give abalone to a toddler with the intention of circumventing the "3 in possession" rule????