Transporting Gifted Abalone Out of State

September 20, 2012

Question: I will be receiving a gift of some abalone steaks (frozen) which I intend to take with me on my return to Hawaii. These were legally fished off the Northern California coast. Is there any possible legal infraction for this? (Shel B.)

Answer: It is illegal to transport gifted abalone unless it is still in the shell with an abalone tag attached. California Sport Fishing laws require abalone to remain in the shell until they are being prepared for immediate consumption. “Immediate consumption” as used in this law is applied to mean “right now” or “into the frying pan” and not “later today,” for example.

Possession of abalone out of the shell (e.g. “… abalone (frozen) steaks …”) is a clear violation. In addition, when you take them to Hawaii it will be a violation of the Lacey Act, a U.S. law that prohibits taking any wildlife across state lines in violation of either state’s laws.

See sections 29.15(g) and 29.16 beginning on page 45 in the current Ocean Sport Fishing Regulation Booklet, available online at www.dfg.ca.gov/regulations/

If you have an opportunity to acquire legally taken and tagged abalone still in the shell, you may transport one limit (maximum of three abalone measuring seven inches or greater in diameter) with you from California but it is advised that you check with the State of Hawaii and inquire about any restrictions or requirements they have on bringing abalone into Hawaii.