DFG response pg. 3 Scuba tanks while abalone diving???

Is it legal to have Scuba tanks in your vehicle while transporting abalone?

Ex. You go abalone diving in the normal legal manner. When you finish free diving you return to your vehicle to place your tagged abs in the cooler.

You then grab your scuba gear and gun and go spearfishing. At the end of your scuba dive you return to your vehicle to stow your fish.

Can you be cited for having tanks in your vehicle in the parking lot or at a check point while driving home????

I've had several discussions about this and get opposing responses.
Can someone show me in the regs where this is stated?????

Thanks
Antonio

Antonio,

I'm sure you've seen the regs against having tanks in a boat while ab diving, but I don't think there are any regs that specifically address the scenario you mention, IE tanks in a vehicle onshore and/or on the road home. Which ought to mean it's OK, but you know how that could go.

I've emailed Carrie Wilson a couple times with questions that she redily answered even tho they never ended up in her DFW Q&A column. 

You could give her a try, then the answer would have a more official basis.
her old email (that might still work) is [email protected] 

Thanks Dale...I just emailed her. If she replies I will post her response.
Are you ready to go more than once this up coming season?

She will probably say it's up to the discretion of the officer who checks your car.

please post the answer when you get it and if legal i have a couple of tanks to tag along.

She will probably say it's up to the discretion of the officer who checks your car.

Which is BS.
Either it's OK or it's not OK.

I used to teach scuba and I did this all the time.  I never had a problem with the wardens, they said thank you because I always did my scuba diving after my ab diving or in an entirely different area than where I dove for abalone.  So long as you're not scouting on scuba, meaning you go out on scuba then go ab diving in the same area directly after, you should be fine.

I used to teach scuba and I did this all the time.  I never had a problem with the wardens, they said thank you because I always did my scuba diving after my ab diving or in an entirely different area than where I dove for abalone.  So long as you're not scouting on scuba, meaning you go out on scuba then go ab diving in the same area directly after, you should be fine.

But does it say somewhere in the regs that illegal to scout? Because then it goes back to what Howard said.

She will probably say it's up to the discretion of the officer who checks your car.

Which is BS.
Either it's OK or it's not OK.

+ 1 on Tote's comment..........

I'm totally legal and want to stay that way.

I used to teach scuba and I did this all the time.  I never had a problem with the wardens, they said thank you because I always did my scuba diving after my ab diving or in an entirely different area than where I dove for abalone.  So long as you're not scouting on scuba, meaning you go out on scuba then go ab diving in the same area directly after, you should be fine.

But does it say somewhere in the regs that illegal to scout? Because then it goes back to what Howard said.

She will probably say it's up to the discretion of the officer who checks your car.

Which is BS.
Either it's OK or it's not OK.

+ 1 on Tote's comment..........

I'm totally legal and want to stay that way.

My reply was due to the fact that, whenever a definitive answer was not available, "up to the discretion of the office" always seemed to be given in reply.

Scouting for abalone would be considered "pursuit." At this point you could be sited. Josh had the best advice; scuba after ab diving and/or in a different area.

If it became an issue, wouldn;t they have to prove that you used the tanks to pursue, scout, etc.?  It would still cost you a great deal of time, effort & possibly money to battle it out.

Scouting for abalone would be considered "pursuit." At this point you could be sited. Josh had the best advice; scuba after ab diving and/or in a different area.

Bill,
Thanks for your input and I see that Josh's advice is playing it safe in jumping from one spot to another. But,
If I was spearfishing and spotted abalone while on tanks and returned to shore changed out to free diving and popped abs...that would be illegal?

If so where is that stated in the regs?

Sounds like it goes back to this again

She will probably say it's up to the discretion of the officer who checks your car.

I'm no "reg's" person but I would say that it isn't, persay, IN the reg's as much as it is one of those "at the discretion of..." type scenarios.  Doubt they can account for every scenario that comes up.  Tanks in the car, I feel like this is a grey area that errors on YOUR side.  You walking up the beach with Ab's in a bag, a spear gun/fish & tanks EVEN IF you did two separate dives & left the tanks on the beach while poppin Ab's then I say grey area on THEIR side.  In the end, I believe the burden of proof is on them to prove you used a tank to procure the Ab's.

Then wonder why we have some distrust for the "law" while trying to follow the laws as they are written.

Bill

Sounds like a good idea to me! Scout an area on scuba then return later with freedive gear to harvest. If you don't have an iron, gun, or spear while scuba diving, then you are not engaged in the act of pursuing or attempting to pursue any fish/critters. You're just sight-seeing. That's what the majority of scuba divers do....swim around looking at underwater creatures. Right?
Of course, it poses an ethical dilemma at the very least. But it doesn't appear to be a violation of the regs.

First, scouting would almost definetly be a violation, as in scuba would then be being used to assist in the take of abs, I've seen this one discussed and I can't quote the reg but I'm sure of it.

Second, anyone who uses the term "you should be OK", hasn't run into the wardens I have, most are straight up but with some, you are never OK when they approach.

As to the right or wrong or legal or illegal of a situation, you're in for a world of crap once a citation is written.