Buying Abalone Shells at a Farmer’s Market in Nevada

August 6, 2009

Question: While wandering through a fair in Nevada last week I found a vendor selling seafood and abalone shells, and the shells still had the sport tags attached. I know that in California there is a law that makes selling abalone shells illegal, but do California laws hold up in another state? Is it legal to sell abalone shells in another state even though they were taken by someone with a California sport fishing license? (Paul R., Carmel)

Answer: Abalone and their shells taken under the authority of a sport fishing license may never be bought, sold, bartered or traded. Although California laws only apply when in California, transporting abalone (including the shells) and any other fish taken in California under the authority of a recreational fishing license across state lines for the purpose of sale is a violation of federal law. This federal law, the Lacey Act, can be enforced by any state wildlife officer who has been deputized by the U.S. Fish and Wildlife Service, and most California game wardens are deputized.

The Lacey Act (U.S. Code Title 16, Chapter 53, Sections 3371-3378), passed by Congress in 1900, was the first federal law to address wildlife protection nationwide. It is a federal wildlife protection law that makes it unlawful to import, export, transport, sell, buy, or possess fish, wildlife, or plants taken, possessed, transported, or sold in violation of any federal, state, foreign, or Native American tribal law, treaty, or regulation. This law allows the federal government to help states, tribes, and countries around the world to safeguard their wildlife resources. In its original version, the Lacey Act supported efforts by the states to protect their game animals and birds. It prohibited the interstate shipment of wildlife killed in violation of state or territorial law.

Those who knowingly violate the Lacey Act face maximum penalties of up to five years in prison and fines as high as $250,000 for individuals and $500,000 for organizations. Civil penalties may run as high as $10,000. Those convicted of felony offenses under the Lacey Act may be required to forfeit vehicles, aircraft, vessels, or other equipment used to commit the crime in addition to any fish, wildlife, or plants involved.