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The final limit on legal-sized abalone is the possession
limit. Simply stated, an individual may possess no more than
3 abalone. This includes what's at home in the
freeze, what's in the ice chest in camp, and what's in the abalone float you're
dragging ashore. No more than a total of 3 abalone
in all locations combined.
However, this simple limit gets a little more complicated
when applied in the real world.
- There is no requirement that an abalone harvester keep
what they take.
- There is no requirement that an individual get their own
abalone.
- There is no requirement that an individual have a fishing
license to possess abalone (the license is only required for take).
Thus, it's entirely legal for a licensed abalone diver to
get 3 abalone on Saturday, give them to their
unlicensed spouse, and go out Sunday to get 3
more. Neither the daily take nor the possession limits were violated. By way of
contrast, a roadblock inspection that turns up 9
abalone in a vehicle containing a licensed abalone diver, his unlicensed wife,
and their 2 year old son returning from a two day stay at the coast will result
in someone being cited for violation of daily take limits.
A common mistake made by recreational divers is that they
inadvertently take temporary possession of a dive buddy's abalone. If they're
checked at that point, they may well be in for a very expensive lesson on
possession limits. For example, three divers go out abalone diving, each get
their limit, and they all return to shore together. One of the divers decides
they want to run back to camp and leaves their abalone with the other two
resting on the beach. If checked at that point, a law enforcement officer will
find two divers in possession of 9 abalone. How the
officer handles that situation depends on how many times the officer has been
lied to in the past (hint: most of those officers have been on the job for
decades). A similar mistake with possession limits can occur at the end of a
weekend on the trip home. It's not uncommon for a family or group to travel in
multiple vehicles and to return home via separate routes. When that's the case,
be certain that there are enough people in each vehicle to reasonably account
for both the daily take and possession limits of the abalone being transported
in that vehicle
There is one exception to the Possession Limit in cases
where you're offshore on a boat for more than one day and you've filed for a
Multi-Day Permit. This is a very rare situation in northern California (few of
us spend more than a day on a boat). If you're interested in pushing the
possession limits into the gray zone, check the regs and understand what you're
expected to do. |