1. (a) All ocean waters are closed to the take of abalone. Abalone may not be taken or possessed.
2. (b) Subsection (a) preempts subsections (i), (j), and (k). This subsection and subsection (a) shall remain in effect only until April 1, 2036, and as of that date are repealed, unless a later enacted amendment deletes or extends that date.

3. (c) Notwithstanding subsection (a), subsections (c)(1) and (c)(2) are applicable for abalone in possession prior to April 1, 2018:

   1. (1) Minimum Abalone Size: All red abalone must be seven inches or greater measured along the longest shell diameter.
   2. (2) Abalone Possession and Transportation: It shall be unlawful to possess any untagged abalone or any abalone that have been removed from their shell, except when they are being prepared for immediate consumption.
4. (d) Minimum Abalone Size: All red abalone must be seven inches or greater measured along the longest shell diameter. No undersized abalone may be brought ashore or aboard any boat, placed in any type of receiver, kept on the person, or retained in any person's possession or under his control. Undersize abalone must be replaced immediately to the same surface of the rock from which detached. Abalones brought ashore shall be in such a condition that the size can be determined.
5. (e) Special Gear Provisions: The use of SCUBA gear or surface supplied air to take abalone is prohibited. Abalone may not be taken or possessed aboard any boat, vessel, or floating device in the water containing SCUBA or surface supplied air. Abalone may be taken only by hand or by devices commonly known as abalone irons. Abalone irons must be less than 36 inches long, straight or with a curve having a radius of not less than 18 inches, and must not be less than 3/4 inch wide nor less than 1/16 inch thick. All edges must be rounded and free of sharp edges. Knives, screwdrivers and sharp instruments are prohibited.
6. (f) Measuring Device. Every person while taking abalone shall carry a fixed caliper measuring gauge capable of accurately measuring seven inches. The measuring device shall have fixed opposing arms of sufficient length to measure the abalone by placing the gauge over the shell.

7. (g) Abalone Possession and Transportation: Abalones shall not be removed from their shell, except when being prepared for immediate consumption.

   1. (1) Individuals taking abalone shall maintain separate possession of their abalone. Abalone may not be commingled in a float tube, dive board, dive bag, or any other container or device, until properly tagged. Only after abalones are properly tagged, as described in Section 29.16(b), Title 14, CCR, may they be commingled with other abalone taken by another person.
8. (h) Report Card Required: Any person fishing for or taking abalone shall have in their possession a nontransferable Abalone Report Card issued by the department and shall adhere to all reporting and tagging requirements for abalone defined in Sections 1.74 and 29.16, Title 14, CCR.
9. (i) Bag Limit and Yearly Trip Limit: Three red abalone, Haliotis rufescens may be taken per day. No more than three abalone may be possessed at any time. No other species of abalone may be taken or possessed. Each person taking abalone shall stop detaching abalone when the limit of three is reached. No person shall take more than 18 abalone during a calendar year. In the Open Area as defined in subsections 29.15(j) and 29.15(j)(1), not more than 9 abalone of the yearly trip limit may be taken south of the boundary between Sonoma and Mendocino Counties.

10. (j) Open Area: Except in the area described in subsection (j)(1) below, abalone may only be taken north of a line drawn due west magnetic from the center of the mouth of San Francisco Bay. No abalone may be taken, landed, or possessed if landed south of this line.

    1. (1) No abalone may be taken in the Fort Ross area bounded by the mean high tide line and a line drawn due south true from 38°30.63′ N, 123°14.98′ W (the northern point of Fort Ross Cove) and a line drawn due west true from 38°29.45′ N, 123°11.72′ W (Jewel Gulch, south boundary Fort Ross State Park).

11. (k) Open Season and Hours:

    1. (1) Open Season: Abalone may be taken only during the months of April, May, June, August, September, October, and November.
    2. (2) Open Hours: Abalone may be taken only from 8:00 AM to one-half hour after sunset.

Note: Authority cited: Sections 200, 205, 265, 275, 399, 1050, 5520, 5521 and 7149.8, Fish and Game Code. Reference: Sections 275, 1050, 5520, 5521, 7145 and 7149.8, Fish and Game Code.

History

1. New subsection (f) filed 1-20-83; designated effective tenth day thereafter (Register 83, No. 4).

2. Amendment of subsection (d) filed 2-21-84; designated effective 3-1-84 (Register 84, No. 8).

3. Amendment of subsections (a) and (b) filed 3-1-90; operative 3-1-90 (Register 90, No. 10).

4. Amendment of subsection (a) and new subsection (a)(1) and Note filed 8-2-93; operative 9-1-93 (Register 93, No. 32).

5. Amendment of subsection (a), repealer of subsection (a)(1), and amendment of Note filed 6-5-95; operative 6-5-95 pursuant to Government Code section 11343.4(d) (Register 95, No. 23).

6. Amendment of subsection (a) and Note filed 2-1-96; operative 3-1-96 (Register 96, No. 5).

7. Amendment of subsection (a), new subsection (b), subsection relettering, and amendment of Note filed 5-22-97 as an emergency; operative 5-22-97 (Register 97, No. 21). A Certificate of Compliance must be transmitted to OAL by 9-19-97 or emergency language will be repealed by operation of law on the following day.

8. Amendment of subsection (a), new subsection (b), subsection relettering, and amendment of Note refiled 9-8-97 as an emergency; operative 9-8-97 (Register 97, No. 37). A Certificate of Compliance must be transmitted to OAL by 1-6-98 or emergency language will be repealed by operation of law on the following day.

9. Reinstatement of section and Note as they existed prior to 5-22-97 emergency amendment by operation of Government Code section 11346.1(f) (Register 98, No. 17).

10. Amendment of subsections (a) and (b), repealer of subsection (b)(1) and amendment of Note filed 4-22-98; operative 4-22-98 pursuant to Government Code section 11343.4(d) (Register 98, No. 17).

11. Amendment of section and Note filed 2-18-2000; operative 3-1-2000 pursuant to Fish and Game Code sections 202 and 215 (Register 2000, No. 7).

12. Amendment of subsections (f) and (h) and amendment of Note filed 2-27-2001; operative 2-27-2001 pursuant to Government Code section 11343.4 (Register 2001, No. 9).

13. Amendment filed 1-10-2002; operative 1-1-2002 pursuant to Fish and Game Code sections 202 and 215 (Register 2002, No. 2).

14. Amendment of subsections (c) and (h) and new subsection (i) filed 2-24-2004; operative 3-1-2004 pursuant to Government Code section 11343.4 (Register 2004, No. 9).

15. Amendment of subsections (h)-(i) filed 12-14-2007; operative 1-13-2008 (Register 2007, No. 50).

16. Amendment of subsection (g), repealer of subsections (h)-(i) and new subsection (h) filed 3-14-2008; operative 4-1-2008 pursuant to Government Code section 11343.4 (Register 2008, No. 11).

17. Amendment of subsection (a) and new subsection (a)(1) filed 10-4-2011 as an emergency; operative 10-4-2011 (Register 2011, No. 40). A Certificate of Compliance must be transmitted to OAL by 4-2-2012 or emergency language will be repealed by operation of law on the following day.

18. Amendment of subsection (b) and new subsections (b)(1)-(2) and (g)(1) filed 1-31-2012; operative 3-1-2012 (Register 2012, No. 5).

19. Amendment of subsection (a) and new subsection (a)(1) refiled 2-24-2012 as an emergency, with further amendment of subsection (a)(1); operative 2-24-2012 (Register 2012, No. 8). A Certificate of Compliance must be transmitted to OAL by 5-24-2012 or emergency language will be repealed by operation of law on the following day.

20. Amendment of subsection (a), repealer and new subsection (a)(1) and amendment of subsections (b)(1)-(c) filed 11-20-2013; operative 1-1-2014 (Register 2013, No. 47).

21. Amendment of subsections (b)(1) and (c) and amendment of Note filed 12-27-2016 as an emergency; operative 4-1-2017 (Register 2016, No. 53). A Certificate of Compliance must be transmitted to OAL by 9-28-2017 or emergency language will be repealed by operation of law on the following day.

22. Amendment of subsections (b)(1) and (c) and amendment of Note refiled 9-5-2017 as an emergency, including further amendment of Note; operative 9-5-2017 (Register 2017, No. 36). A Certificate of Compliance must be transmitted to OAL by 12-4-2017 or emergency language will be repealed by operation of law on the following day.

23. Amendment of subsections (a), (b) and (c), new subsections (i)-(j) and amendment of Note filed 3-29-2018; operative 3-29-2018 pursuant to Government Code section 11343.4(a)(4)(A) (Register 2018, No. 13).

24. Repeal of 12-27-2016 emergency amendment by operation of Government Code section 11346.1(f) (Register 2018, No. 40).

25. Amendment of subsections (a), (b), (c) and (j) and amendment of Note filed 2-26-2019; operative 2-26-2019 pursuant to Government Code section 11343.4(b)(4)(A) (Register 2019, No. 9).

26. Amendment filed 2-25-2021; operative 4-1-2021 (Register 2021, No. 9).

27. Amendment of subsections (b) and (i)-(k) and amendment of Note filed 2-23-2026; operative 2-23-2026 pursuant to Government Code section 11343.4(b)(3) (Register 2026, No. 9).