With their iridescent lining and ornate shape, abalone shells are prized by collectors and artisans. But if you find an abalone shell on a California beach, can you legally sell it? Or are you better off keeping your shelf empty to avoid running afoul of the law?
In California, selling wild abalone shells is illegal in most cases. However, the law contains a few exceptions that allow certain sales. Let’s dive into the complex rules around abalone shell sales in the Golden State
A Quick History of Abalone in California
To understand abalone regulations today it helps to know this mollusk’s history in California.
Native tribes like the Chumash and Tongva relied on abalone as a staple food for millennia. Tribes also used the shells to make jewelry, arrows, and fishing lures.
Later, Chinese immigrants established the first commercial abalone fisheries in the 1850s. By the 1890s, Japanese immigrants dominated the industry.
California’s abalone trade boomed through the 1950s. Mechanical breathing devices then allowed divers to take abalone from deeper waters.
Catches peaked in the 1950s-60s at around 2,000 tons annually. But by 1997, concerns about overfishing led California to ban commercial abalone harvesting.
Today, wild abalone species are considered depleted. Only recreational fishing is permitted in certain areas and during certain months.
Why Are Sales of Wild Abalone Shells Restricted?
In the 1990s, California took steps to protect declining abalone populations by making it illegal to sell wild-caught abalone shells.
Specifically, California Fish and Game Code section 5521 states it’s unlawful to sell abalone or abalone shells taken under the authority of a California sport fishing license.
This aims to reduce exploitation of wild abalone for commercial purposes. It helps ensure recreational abalone fishing limits are followed.
California further protects abalone by requiring permits and report cards for recreational fishing. Strict annual catch limits are also in place.
When Can You Legally Sell Abalone Shells in California?
Given the general ban on sales, under what conditions is it legal to sell abalone shells in California?
There are two scenarios where sales are permitted:
1. Abalone professionally harvested before 1997
Commercial divers licensed before 1997 can legally sell wild-caught abalone shells if they were harvested when commercial fishing was still allowed.
These shells must have proper documentation showing they were collected legally before the ban. Sales must also follow commercial fish business laws.
2. Farmed abalone shells
It is legal to sell shells from farmed or aquaculture-raised abalone in California. The state permits abalone farming operations that comply with regulations.
However, wild abalone shells found recreationally on beaches or while diving cannot be sold even if they are legally collected within catch limits.
Penalties for Illegally Selling Abalone Shells
If you sell recreationally-collected abalone shells without meeting one of the exceptions, you could face:
- Up to $10,000 in fines
- Imprisonment for up to 1 year
- Permanent loss of fishing/hunting license
For example, in 2021 a man was fined $5,000 for attempting to sell 20 illegally collected abalone shells on eBay.
In other cases, restaurants have faced penalties for purchasing black market abalone from illegal commercial divers. Violations seriously undermine efforts to protect wild abalone populations.
Purchasing Abalone Shells Legally in California
To legally purchase abalone shells in California, buy from:
- Licensed commercial divers (for pre-1997 shells only)
- Permitted aquaculture farms
- Native American jewelry makers (confirm shells were legally obtained)
- Certified sustainable seafood suppliers
- Reputable craft stores or shell shops with licenses
Always ask for proof the shells comply with regulations. This ensures you don’t contribute to poaching or illegal trade.
Ethical Considerations for Abalone Shell Sales
Beyond legalities, ethics should guide abalone shell sales and purchases. Consider:
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Sustainability: Most wild abalone species are endangered. Sales could stimulate more poaching.
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Animal welfare: Harvesting may harm living abalone in the process.
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Cultural rights: Abalone holds significance for Native tribes. Commercial sales may be viewed as exploitation.
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Worker safety: Illegal harvesting often involves dangerous conditions and labor violations.
Purchasing farmed abalone from regulated operations is likely the most ethical choice. Or find shells washed up versus removing living abalone.
Alternatives to Abalone Shells
Instead of seeking abalone shells, consider sustainable alternatives:
- Abalone shell beads from reputable Native sellers
- Oyster shells (farmed or sustainably harvested)
- Seashells from other sustainably managed mollusks
- Tagua nut (vegan “vegetable ivory” carvings)
- Porcelain, stone or glass sculptures
- Repurposed decor from thrift stores or vintage shops
Protecting Abalone for Future Generations
Abalone hold an important place in California’s culture, ecosystems, and economy. While their shells may be alluring, obtaining and selling them sustainably ensures these treasured mollusks will endure.
By following regulations, purchasing farmed abalone, and exploring ethical alternatives, we can safeguard abalone for generations to come. With care and conservation, the melodic crash of waves on Shell Beach may echo the songs of the Chumash people once more.
2021 Partner in the Spotlight Award
Credit: Blythe Marshman, CDFW and Ken Paglia, CDFW
Jim Moore, Laura Rogers-Bennett, and Ian Taniguchi (California Department of Fish and Wildlife) have all spent their long and successful careers helping us learn more about the health, ecology, and conservation of abalone. Dr. Jim Moore came up with a number of ways to treat diseases and keep abalone healthy that make it more likely that they will be healthy when they go back to the ocean. Dr. The University of California Davis Bodega Marine Laboratory’s state-of-the-art captive breeding program was made possible in large part by Laura Rogers-Bennett. Mr. Ian Taniguchi has been very helpful in gathering eggs for our captive breeding program, keeping an eye on white abalone that have been released into the wild, and creating and using safety devices to keep the abalone safe while they get used to their new home.
2017 Species in the Spotlight Hero Award Image
Dr. Kristin Aquilino with abalone. Credit: Sammy Tillery
Dr. Kristin Aquilino has played an instrumental role in shaping the captive breeding program for white abalone. Kristin manages the program—charged with rebuilding the declining populations of wild abalone—at the University of California, Davis Bodega Marine Laboratory.
Abalones of California. Interesting facts.
FAQ
Can you sell abalone shells in California?
Is abalone illegal in California?
Are abalone shells illegal?
Are you allowed to collect abalone shells?
Are there abalone in California?
California’s coastal waters are home to a multitude of invertebrates (species lacking a bony skeleton). A small fraction of these, including abalone, are actually targeted by California’s recreational fisheries. This page contains information about abalone species identification, biology, habitat, geographic range, fishing methods, and more.
Why did the Spaniards trade abalone shells?
In the late 18th century when the Spaniards began to establish settlements in California, they used abalone shells as a path to their own wealth via the Pacific fur trade. Here, the Spaniards exchanged abalone shells for otter furs, or sold them for quicksilver, which eventually became gold.
Are California abalone sustainable resources?
Sustainable resource use requires extensive knowledge of marine ecosystems and the creation and nourishment of meaningful relationships between the people that use these resources. California abalone are a paradigm of what can go wrong—and what can go right—as humans work together to manage resources sustainably.
Did a NOAA biologist find an abalone?
Witting, the NOAA biologist, popped out of the water: “I found one!” Scientists from NOAA Fisheries, Aquarium of the Pacific, Paua Marine Research Group, California Department of Fish and Wildlife and the Bay Foundation have all helped solve their piece of the abalone puzzle.