Using SCUBA to Photograph Abalone Divers

June 16, 2010

Question: I would like to photograph abalone divers diving but I need to use an air tank to obtain the imagery I want. How can I go about this without getting in trouble with Department of Fish and Game (DFG)? (Andrew B., Salt Lake City, UT)

Answer: It is legal for you to photograph abalone freedivers while you are using a tank, as long as you observe a couple of regulations.

According to DFG Associate Marine Biologist Ed Roberts, the California Code of Regulations Title 14, section 29.15(e) prohibits the use of SCUBA gear or surface-supplied air while taking abalone. If you are using a tank while photographing abalone freedivers, you cannot assist them with taking abalone. You cannot help them pop abalone off the rocks, or spot abalone for them, or do anything else that could be construed as giving assistance in taking abalone. In addition, under this section the possession of abalone is prohibited aboard a vessel that also contains SCUBA gear or surface supplied air. This means you will have to use a separate boat – you cannot board the same boat the abalone freedivers are using while you are using SCUBA gear.