Posted by pasley on July 11, 2009 at 08:01:33:|
In Reply to: Air fills around Albion posted by Darren on July 11, 2009 at 06:42:42:
I know you know you can't use scuba to hunt abs. But here is a great place to review the DFG position on the possession of SCUBA gear while Abalone hunting. the last applies specifically to your intent (which is appears to be legal)Here are some quotes from the CA DFG:
No SCUBA: Abalone may not be possessed aboard any boat,
kayak or other floating device in which SCUBA gear is
Let's say a free-diver who is looking for abalone and a scuba diver want to dive together. Would it be legal for the scuba diver to help the free-diver find abalone by marking locations so that the free-diver can more easily locate the abalone? I am assuming that the divers do not have scuba and abalone in the same boat. I think this is a breach of the spirit of the law and unsportsmanlike, but I don't think it is covered specifically in the laws. (Anonymous)
It is not legal for scuba to be used in any manner in the pursuit or take of abalone. "Take means hunt, pursue, catch, capture, or kill, or attempt to hunt, pursue, catch, capture, or kill,” (FGC Section 86) and the use of scuba gear or surface-supplied air to take abalone is prohibited (CCR Title 14 Section 29.15[e]).
Thus, according to Department of Fish and Game (DFG) Lt. Dennis McKiver, this means a scuba diver may not assist another in the pursuit and take of abalone. If someone is using scuba gear to find ("hunt or pursue or attempt to hunt or pursue") abalone and then marking those abalone with a physical buoy or Global Positioning System location so that a diver can more easily return to the location to take the abalone, this falls under the definition of "take."
It doesn't matter if the scuba diver is marking the location with a surface marker buoy, scuba air bubbles or is coming to the surface to point out the location to his free-diving buddy; it would all still fall under the definition of “take.” Scuba cannot be used to aid in the take of abalone in any way other than for the diver to come ashore and say, "Hey, I saw a lot of big abalone out there!"
We will be taking a weekend camping trip up to Mendocino where we are planning to spend the first day free diving for abalone and the second diving with SCUBA gear and spearfishing. I am worried about our trip back where we will (hopefully) have abalone and spearfishing diving gear in the car. Will this be a problem? I've been told that having SCUBA gear and abalone in a car together is not prohibited, but I don't want this to be misinterpreted should we be stopped. Just to be sure, should we drive two cars with abalone in one and the dive gear in the other to avoid any possible misunderstandings? This would, however, create another possible problem situation because we would have six abalones in one car and it's a four hour drive. What should we do to be sure we aren't unfairly cited? (Jack T.)
The regulations only prohibit having abalone and SCUBA gear together aboard a boat or vessel (Section 29.15[e] states "...abalone may not be taken or possessed aboard any boat, vessel, or floating device in the water containing SCUBA or surface-supplied air..."). The regulations do not mention anything about abalone and SCUBA gear in a car together - there is no violation committed by transporting your dive gear along with your abalone in one car. You should be aware that you will most likely be scrutinized if contacted by a warden who will be trying to ascertain if the abalone were taken legally.
As for the six abalone in one car, remember that each person may only have three in their possession. If you drive two cars, each person should have their own abalone with the required license, tags and paperwork with them in their car.