The iridescent abalone shell is a beloved and iconic object, especially in California where abalone was once abundant in coastal waters. However, due to overfishing and depletion of wild stocks, restrictions were enacted in the 1990s that made the legality of selling abalone shells complex to navigate. This article breaks down when and how you can legally sell abalone shells in California.
A Brief History of Abalone in California
To understand the current laws it’s helpful to know the background
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Abalone has been fished and used by Native Californians for over 12,000 years as a food source and for decorative purposes.
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In the late 1700s, commercial exploitation of abalone accelerated to supply the fur trade and demand for mother-of-pearl
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By the mid 1800s, Chinese immigrants drove growth of the commercial abalone fishery.
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Overfishing led to the collapse of wild abalone populations, leading to a statewide commercial fishing moratorium in 1997.
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Recreational abalone fishing is still allowed with strict limits. Abalone aquaculture farms have also emerged as a new source.
Is It Legal to Sell Wild Abalone Shells?
In most cases, it is illegal to sell abalone shells that came from wild California abalone after 1997. Here are the key regulations:
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It is prohibited to sell or purchase any abalone shell collected from California waters after the 1997 commercial fishing ban.
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The only exception is abalone shells obtained legally by commercial divers prior to 1997. These vintage shells can be sold if proper documentation is provided.
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Abalone shells found on beaches or collected recreationally cannot be legally sold even if they are empty.
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Trading or selling any unlawfully obtained abalone shells can result in stiff fines and penalties.
What Are the Penalties for Illegally Selling Abalone Shells?
The penalties for illegally selling abalone shells in California are severe:
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Fines up to $40,000 per offense
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Potential jail time of up to 1 year
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Lifetime revocation of fishing license
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Forfeiture of any illegally collected shells
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Probation and community service
Judges tend to impose the maximum fines and lifetime fishing bans. Jail time is less common but possible depending on severity.
When Can Abalone Shells Be Sold Legally in California?
While a general ban exists, there are two exceptions that allow legal sales:
Pre-1997 Commercially Harvested Shells
- Commercial divers can sell shells legally obtained before the 1997 moratorium only if they have proper documentation proving the vintage shells were collected when the commercial fishery was still open.
Farmed Abalone Shells
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Licensed aquaculture companies can sell shells from abalones raised on permitted farms. Proper documentation must be provided.
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Most farmed shells are quite small compared to wild abalone shells.
When looking to purchase abalone shells in California, be sure to request documentation from sellers showing the shells were sourced through one of these legal channels.
Tips for Purchasing Abalone Shells Legally
Here are some tips for legally buying abalone shells in California:
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Ask sellers to provide documentation of pre-1997 or farmed shell origin.
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Research reputable, permitted aquaculture farms selling shells legally.
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Avoid purchasing large shells characteristic of illegal wild abalone.
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Consider buying legal abalone shell jewelry or art from Native American artisans.
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When in doubt, consult a lawyer to ensure the transaction complies fully with regulations.
The Future of Abalone Shell Sales
The trade of abalone shells in California remains complex. However, if done carefully and legally through pre-1997 stock or farmed shells only, it can still occur. Be sure to perform due diligence and ask for documentation any time you purchase abalone shells in California.
FAQ about Selling Abalone Shells in California
Can you sell old abalone shells?
No, shells collected recreationally or found on beaches cannot be sold even if they are old. Only commercial shells from pre-1997 or farmed shells can be sold legally.
What if the shells were inherited from relatives?
Inherited shells can be kept for personal use but still cannot be legally sold without proper documentation showing they are pre-1997 commercial shells.
Can Native Americans sell abalone shells?
Native Americans need to follow the same laws. Shells made into jewelry or art by Native artisans can be sold but the raw shells themselves cannot unless they are pre-1997 commercial shells.
Are abalone shells totally banned?
No, the laws only prohibit selling recently collected wild shells. Pre-1997 commercially collected and farmed abalone shells can still be sold legally with proper documentation.
Do the restrictions apply to other seashells or just abalone?
The abalone shell restrictions are specific to abalone and do not apply broadly to other seashells found on California beaches. However, some national parks do prohibit removing any shells or wildlife.
California Outdoors: Hunting over alfalfa, catch and release in MPA, abalone shell pieces for jewelry
Hunting over alfalfa?
I know it’s against the law to use bait to lure animals to you so you can hunt them. But what about hunting over a field of corn or alfalfa? I know that’s okay in some states, and I’m wondering if California is one of them. (Dakota C. ).
Answer: It is against the law in California to feed big game or hunt over bait, but it is okay to hunt over a standing or harvested corn or alfalfa field.
As a general rule, it is illegal to take resident game birds and mammals from “any area where shelled, shucked or unshucked corn, wheat or other grains, salt, or any other feed whatsoever that is directly or indirectly placed, exposed, deposited, distributed, or scattered” (California Code of Regulations Title 14, section 257). 5), this regulation includes several exceptions.
It is possible to “take resident game birds and mammals on or over standing crops, flooded standing crops (including aquatics), flooded harvested croplands, properly shocked grain crops on the field where they were grown, or grains found scattered only as a result of normal agricultural planting or harvesting.” ”.
Catch and release in MPA
Is it okay to fish in a no-take State Marine Conservation Area (SMCA) or Marine Protected Area (MPA) like Big River SMCA but not keep the fish? The California Ocean Sport Fishing Regulations booklet doesn’t say anything about this. (Robert J. ).
Answer: No, you can’t catch and release fish in an SMCA or MPA that doesn’t allow it. This is because “take” in the Fish and Game Code means “to hunt, pursue, catch, capture, or kill, or attempt to hunt, pursue, catch, capture, or kill.”
Why not able to purchase license and harvest report cards together?
Question: I purchase a California fishing license every December for the following year. Then in May I purchase an abalone report card. And then in September I purchase a lobster report card. I purchase all of these online, which is convenient. Still, it’s three transactions I have to remember and three postage charges. Why can’t I purchase my fishing license and harvest report cards in one transaction? (Ben W. ).
Answer: Sport fishing licenses and all sport fishing license items become available for purchase on Nov. 15 each year, except for abalone and lobster report cards.
You can’t buy abalone and lobster report cards at the start of the year, but if you buy something through the Online License Sales and Service, you don’t have to pay for postage unless you choose fast shipping.
Abalone Report Cards become available for purchase on March 15. Based on data from the previous year, changes to abalone regulations often mean that the Abalone Report Card needs to be changed. Abalone Report Cards will go on sale for the first time on March 15. This gives people time to make changes to the cards and still lets people buy them 45 days before the first day of abalone season.
For example, the seasonal limit for abalone recently changed from 18 to 12. Because of this, changes were made to the Automated License Data System so that the report card had 12 abalone tags instead of 20 lines.
The season for spiny lobsters lasts for two years, and the report card is good for the whole season. The upcoming lobster season opens Sept. 30, 2017 and closes March 21, 2018. Spiny Lobster Report Cards for the 2017–18 season could have been bought when 2017 sport fishing licenses first went on sale (November). 15, 2016), they would have been available for purchase during the 2016/17 lobster season. It is likely that many people would accidentally purchase a spiny lobster report card for the wrong year.
Abalone shell pieces for jewelry?
I know that it is against the law in California to sell abalone shells as jewelry or other works of art that were found while sport diving. But what if the shells or pieces of shells were found while beach combing and the abalone had already died naturally? Can these shells be turned into jewelry since there is no limit on taking them? , Walnut Creek).
Answer: You can generally pick up abalone shells and shell parts for your personal use. However, Marine Reserves, Marine Protected Areas and other prohibited areas do not allow for any shell collecting.
No matter where you go, you should call the controlling agency to find out what kinds of collecting are allowed there. As long as the shells were legally caught and not taken for sport, they can be used to make jewelry that is sold.
Carrie Wilson is a marine environmental scientist with the California Department of Fish and Wildlife. They can’t answer all of the questions, but she will pick a few to answer each week in this column. Please contact her at This email address is being protected from spambots. You need JavaScript enabled to view it.
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