Abalone Gifting

I know this has been discussed a million times, so sorry for repeating.
My bro and I might go for an overnight dive when the water lays down. I'm out of abs, but he has a bunch left. can he take his limit the first day, then gift them to me, and take three more the next morning? How does that work exactly? Am I risking a ticket?

From a past q&a in 2010:

"In order for you to legally gift abalone to someone else, that person must be with you to receive and personally take possession of the abalone." Probably would not hurt to give your brother a signed, dated note that you gifted to him.

can he take his limit the first day, then gift them to me, and take three more the next morning? How does that work exactly? Am I risking a ticket?

If you don't take any either day that sounds fine.

You can't have more than a limit in possession.

I'm surprised to see this question coming from you, Andrew.  Has someone hijacked your account and posted as you?!!

If it was a hijacked account I am sure they could have way more fun with it. 

You are good bro

My friends do that when camping. Take their daily 3, gift it to their wife/gf/kid, then dive again the next day. When u going? Send me a pm.

Technically, if your brother has a bunch of abs -- like 3 or more -- and doesn't live with anyone else he can't pick any more to give you. As someone stated you're not supposed to have more than one limit in your possession. Abs in his freezer at home count towards his possession limit. Obviously they're not going to be checking his home freezer but that's the rule.

Beyond that though when is the ocean going to lay down? I need to get out, but everytime recently that the ocean has cooperated I've either been injured or busy. The immediate forecast doesn't look good for diving with either large surf or high winds predicted.

Cheers,
Brad

I know this has been discussed a million times, so sorry for repeating.
My bro and I might go for an overnight dive when the water lays down. I'm out of abs, but he has a bunch left. can he take his limit the first day, then gift them to me, and take three more the next morning? How does that work exactly? Am I risking a ticket?

I have practiced exactly this and checked by a warden. No issue.
My friend had one of his own tagged ab.  I give one to him from my 3. Then warden showed up. 

Does the person you gift them to, have to have a license?

Technically, if your brother has a bunch of abs -- like 3 or more -- and doesn't live with anyone else he can't pick any more to give you. As someone stated you're not supposed to have more than one limit in your possession. Abs in his freezer at home count towards his possession limit. Obviously they're not going to be checking his home freezer but that's the rule.

Beyond that though when is the ocean going to lay down? I need to get out, but everytime recently that the ocean has cooperated I've either been injured or busy. The immediate forecast doesn't look good for diving with either large surf or high winds predicted.

Cheers,
Brad

Yep, I'm glad someone in the thread noticed the fact that the brother already has abs at home and technically shouldn't be diving for any more.

This weekend, especially Sunday looks great for diving.

Does the person you gift them to, have to have a license?

No

 

Technically, if your brother has a bunch of abs -- like 3 or more -- and doesn't live with anyone else he can't pick any more to give you. As someone stated you're not supposed to have more than one limit in your possession. Abs in his freezer at home count towards his possession limit. Obviously they're not going to be checking his home freezer but that's the rule.

Beyond that though when is the ocean going to lay down? I need to get out, but everytime recently that the ocean has cooperated I've either been injured or busy. The immediate forecast doesn't look good for diving with either large surf or high winds predicted.

Cheers,
Brad

Yep, I'm glad someone in the thread noticed the fact that the brother already has abs at home and technically shouldn't be diving for any more.

This weekend, especially Sunday looks great for diving.

Well, it just flattened out half an hour ago. Tomorrow morning, I'm gonna give it a shot.

Technically, if your brother has a bunch of abs -- like 3 or more -- and doesn't live with anyone else he can't pick any more to give you. As someone stated you're not supposed to have more than one limit in your possession. Abs in his freezer at home count towards his possession limit. Obviously they're not going to be checking his home freezer but that's the rule.

Beyond that though when is the ocean going to lay down? I need to get out, but everytime recently that the ocean has cooperated I've either been injured or busy. The immediate forecast doesn't look good for diving with either large surf or high winds predicted.

Cheers,
Brad

Yep, I'm glad someone in the thread noticed the fact that the brother already has abs at home and technically shouldn't be diving for any more.

No, you misunderstood. I have zero tags left is what I meant. He has eight tags left. I'm not referring to abs in the freezer. I would never think of going ab diving if I had a pack of frozen ab, no way!
And yes, Eric, it's me alright. I've never gifted or been gifted any abs. The way wardens make up their own interpretations of the rules, I've never been comfortable with it.

Technically, if your brother has a bunch of abs -- like 3 or more -- and doesn't live with anyone else he can't pick any more to give you. As someone stated you're not supposed to have more than one limit in your possession. Abs in his freezer at home count towards his possession limit. Obviously they're not going to be checking his home freezer but that's the rule.

Beyond that though when is the ocean going to lay down? I need to get out, but everytime recently that the ocean has cooperated I've either been injured or busy. The immediate forecast doesn't look good for diving with either large surf or high winds predicted.

Cheers,
Brad

Yep, I'm glad someone in the thread noticed the fact that the brother already has abs at home and technically shouldn't be diving for any more.

No, you misunderstood. I have zero tags left is what I meant. He has eight tags left. I'm not referring to abs in the freezer. I would never think of going ab diving if I had a pack of frozen ab, no way!
And yes, Eric, it's me alright. I've never gifted or been gifted any abs. The way wardens make up their own interpretations of the rules, I've never been comfortable with it.

Scenario:

I have 5 in the freezer now and still have 7 tags left. I'm planning on getting my last seven between now and the end of the month. I will then have 12 abs in my home with 4 people residing in it.

Legal