Why No Abalone Diving or Rock Picking Before 8:00 A.M.

April 17, 2014

Question: Why are abalone divers and pickers now required to wait until 8:00 a.m. to begin? Can divers still go spear fishing at the normal legal start time or take early morning photos, then switch over to abalone diving at 8 a.m.? (Anonymous)
 
Answer: The new 8:00 a.m. start time is an abalone conservation measure. It reduces the number of low-tide days people will be able to take abalone by rock picking (searching amongst rocks for abalone at low tide). During the spring, many low tides occur much earlier than 8:00 a.m.

This regulation change originated from the concerns of wardens who were witnessing large numbers of fishermen coming each and every low tide and taking large numbers of abalone. People were removing numerous undersized abalone while trying to find legal ones. Because undersized abalone often do not survive being removed and returned, they are likely to die. Thus, the impact on the fishery when this happens is probably much greater than the estimated legal catch (over 200,000 abalone annually in recent years).

Some people were also using the dim light before dawn to hide illegal activities. Wardens believe a later start time will ease their biggest concerns, and the Fish and Game Commission decided to choose that option.

Divers wanting to go out before 8 a.m. to spearfish or do underwater photography can do this as long as they don't have the means of taking abalone or are searching for abalone before the official state time. If their activities appear to a warden to be taking or searching for abalone before 8 a.m., then they can be cited.

The means to take an abalone is an abalone iron.  How about searching for scallops before 8am?  Scallops are taken with an abalone iron.

I'm going to do it anyway, just wondering what the Warden will say.

Smile and wave so when you have to go to court you will look nice on the wardens video. Abalone is the most highly visible marine animal fish and game wardens like to  give tickets for. I know of a person who was over  a 3/8 of a mile from shore who was video recorded and cited for picking a friends abalone who was having a hard time getting it off the rocks on his first ab trip. This is also the most warden hours spent on a single species for enforcement.  If I were you I would'nt bend or break the rules on Abs the odds are not on your side.

I don't plan on bending or breaking any ab rules.  I plan on legally taking scallops before 8am and after 8am I will begin legally taking abalone.  If the warden has that good of a scope/binoculars/camera, he will see that I am not putting any ab in my kayak, instead he will see me putting in a limit of fat scallops!

The means to take an abalone is an abalone iron.  How about searching for scallops before 8am?  Scallops are taken with an abalone iron.

I'm going to do it anyway, just wondering what the Warden will say.

What about kayaking out to your spot and not diving until 8:00 AM or even spearfishing before 8:00 AM?

I guess it will depend on the wardens opinion 

I don't think we will have a problem being out with a speargun before 8am, but this is the first time I've seen the verbage "Means to take an abalone".

The regs state that scallops must be taken with a tool commonly known as an "abalone iron".  So now there is a problem.  It's legal to take scallops prior to 8am.  It's illegal to have "the means to take an abalone" prior to 8am.

I don't think we will have a problem being out with a speargun before 8am, but this is the first time I've seen the verbage "Means to take an abalone".

The regs state that scallops must be taken with a tool commonly known as an "abalone iron".  So now there is a problem.  It's legal to take scallops prior to 8am.  It's illegal to have "the means to take an abalone" prior to 8am.

+1.

Sincerely,

Jim

I have no worries with the new rules and don't plan on breaking them. Chances are im not even awake by then.

I grew up learning about honor in outdoorsmanship.

This rule takes a big smelly crap on that.

You're allowed to pick abs with your hands too, and I've done it many times.  I guess I'd better amputate both arms to stay legal if I get in the water prior to 8AM...