Abalone Pearls – Can They Be Legally Bought and Sold

June 9, 2011

Question: I saw an abalone pearl for sale on Craig’s List. Is this legal? I always thought no part of the abalone may be bought, sold, traded or bartered when taken under a California sportfishing license. What does the Department of Fish and Game (DFG) and California law say regarding abalone pearls? My understanding is the pearl is not part of the mollusk but instead a foreign object that got stuck in the gonad or between the shell and the meat. Any help would be much appreciated. (Matt M.)

Answer: You are correct. Unless the abalone was taken by licensed California commercial divers prior to the 1997 commercial abalone fishing ban, or purchased from a commercial abalone aquaculture operation, then it is a violation to sell the shell or any other part of the abalone. It is legal to import the pearls for sale if they comply with the commercial fish laws regarding importation. Therefore, it would be incumbent for the jeweler/individual offering the pearl for sale to have documentation that they obtained the pearl legally.

If a pearl is part of the abalone then why don't 99% of abalone have one? If one were to challenge this court that would be a very compelling defense. Think I'll let someone else try it first.

I think that the DFW is wrong on this. I talked to a pearl dealer here in Petaluma years ago who had all his abalone pearls confiscated. He went to court and proved that the pearl was not part of the abalone. He never said anything was illegal about it. My pearl weighed 70 grams. I'll see if he is still around and ask for more clarification.