Can You Return Abalone to the Same Rock?

April 2, 2009

Question: If an abalone diver takes a legal-sized abalone, is it legal for him to return it to the same rock if he does not remove more than three abalone during the day? I know some divers that will dive for several hours and may “pop” one to three abalones without damaging them, and keep none of them, returning all of them to the rocks where they were removed. I don’t think there is anything, technically, in the laws that prevents this, but maybe there should be. (Anonymous)

Answer: There is a law prohibiting this both for the health of the abalone and to prevent high-grading. All legal-sized abalone detached must be retained by the person who detaches it. In addition, no undersize abalone may be retained in any person’s possession or under his control. Undersize abalone must be replaced immediately to the same surface of the rock from which detached. (FGC Section 29.15[d]).

In addition, according to DFG Lt. Dennis McKiver, no person shall take more than 24 abalone during a calendar year (FGC Section 29.15[c]). If the diver takes three legal-sized abalone and puts them back, those abalone still count toward both the diver’s daily and yearly limit. This means that divers must still record those abalone on their report card so as to not exceed their yearly limit.

If a game warden sees someone take a large abalone that is obviously larger than seven inches and the person puts the abalone back, this person has just violated Section 29.15(d). If that person then doesn’t record the abalone, he is guilty of failing to complete the Abalone Report Card as required. Game wardens on the North Coast have written several citations for this, usually to trophy hunters looking for that elusive 10-inch abalone. The wardens try to convince people hunting for trophy abalone to measure them before removing them from rocks.