Scouting for Abalone Out of Season

February 26

Question: I belong to a small group of diving enthusiasts and we recently had a debate come up where there are varying opinions on the subject of gauging abalone. One portion of the group is stating that it is perfectly legal to freedive with an abalone gauge out of season and measure abalone with the intent of coming back during the season to retrieve the abs. I believe this would be pursuing or hunting abalone and would be against the rules. I pointed out that the new 8 a.m. rule specifically states you can enter the water but not “be searching for” abalone prior to 8 a.m. This leads me to believe if it is illegal to search for abs during a time when “take” is not permitted, then it would be illegal out of season as well. Can you help us settle this debate? (Brian M., Antioch)

Answer: Yes, it would be legal to dive with an abalone gauge as long as you don’t dive with an abalone iron or other means to detach abalone. As long as there is no attempt to take the abalone, and it is not handled or detached from the rocks, it would be legal.

I so would have thought they would have gone the other way on that one.  I do bring my scallop bar  (ab bar when season is open) with me now just in case.  I thought about bringing the gage just because I have seen some big ole abs out of season and was just curious of their size.  Have not done it because even if they say it's okay now that could change depending on who stops you. 

Interesting. It's legal out of season but not before starting hours?



Question: Does the new rule mean that divers cannot enter the water prior to 8 a.m. if they plan to take abalone?

Answer: The new 8 a.m. start rule means divers cannot enter the water with the implements to take abalone and start searching for or taking abalone before 8 a.m. They can enter the water early and wait without searching for or taking abalone until 8 a.m. For example, if it takes a diver 30 minutes to swim to a dive spot, he or she could enter the water with the implements to take abalone, swim to the dive site and wait until 8 a.m. before searching for or taking abalone. Rock pickers have similar restrictions; they can walk to the spot before 8:00 a.m. but they cannot search for or take abalone before 8:00 a.m.

http://www.norcalkayakanglers.com/index.php?topic=53218.msg599613#msg599613

I do bring my scallop bar  (ab bar when season is open) with me now just in case.  I thought about bringing the gage just because I have seen some big ole abs out of season and was just curious of their size.

When I dive up north out of season, I bring my "scallop bar" plus a 10-inch gauge for scouting. I leave the 7-inch at home. The law says all abalone divers must carry a 7" gauge. Therefore, if I have a scallop bar and a 10" gauge and no abalone in possession, I am not an abalone diver. Done.

now that could change depending on who stops you.

This......and don't forget they are profiling too.

I carry an iron out of season and before 8AM, but I only use it to conk myself in the head so I forget about any abs I might accidentally see.

The 8AM rule is a horrible travesty for sportsmen.

If I dive before 8AM it'll be for scallops and uni and spearfishing, and if I see an abalone in that time I'll cringe at the thought that a rule based on mistrust of sportsmen means I "can't" acknowledge it.  What a joke!

Wow, so that means I can't bring my ab bar with me  off season? I use it for uni. What is a scallop bar look like?

Wow, so that means I can't bring my ab bar with me  off season? I use it for uni. What is a scallop bar look like?

I've seen people use an ab iron for taking scallops or a blunt tipped knife.

What is a scallop bar look like?

This is what a scallop bar looks like.

It can also be used as an abalone iron during abalone season/hours.

 

 

Sincerely,

Jim

That is pretty crazy. More little gaps that are hard for DFG to fill creating more regs. This seems to be on the "intent" side. So i'm diving before 8am with my ab iron it is a "scallop bar" until 8am then it is an "ab iron"? Because I am not leaving my scallop tool on shore before 8am or out of season. If you'd like to recommend a DFG approved "scallop bar" please do LOL...

"Scouting out of season" Isn't that also called looking lol? I would hope that would never even be a concern of law breaking.

Just goes to show the people writing rules dont really know what there talking about.ive lost alot of respect for the dept of fish and wildlife but that doesn't mean im gonna ignore the rules.

Just goes to show the people writing rules dont really know what there talking about.ive lost alot of respect for the dept of fish and wildlife but that doesn't mean im gonna ignore the rules.

I'm pretty convinced that the people who write the regulations never actually venture outside.

that's just odd.  these Q&A's are almost random.  I am surprised they don't run it by DOJ.

I think some of the regs are designed to make it easier to bust poachers without catching them in the act. The side effect is treating everyone like we are also poachers. 

Jim, that scallop knife says "ab grab" on it.