Phil,

A few years ago, some of us here in San Diego researched the California
Fish & Game regulations.  The way it is written is ambiguos at best. We
took the investigation all the way to the Department of the Interior for
interpretation.  While it appears that collecting of live invertebrates
is allowed in state and national parks, for example, enforcement (or not)
is up to the interpretation of the CFG officer. Limpets, moon snails and
turbans are mentioned specifically as collectable game. However, it is
not unusual to be approached by F&G and be made to release the
catch...all of it.

I think it's important to remember that a lot has changed since the basic
foundation of these particular regulations came about and that laws are
not always inforced strictly as written.  In the 70's, F&G was over
sensitized regarding collectors when Vietnamese immagrants stripped
entire lagoons of anything living. They were only doing what was
perfectly legal in their own country and many couldn't speak english, let
alone read the Fish & Game regulations. So, one day when I was collecting
Polinices, I was approach by F&G, made to release my "legal" catch, then
lectured about destroying the ecosystem. Was I legal under current
regulations? Yes. Did it matter? No. About the only things they (and we)
agree on is the 1000 ft. rule. Respect that or collect only dead
(empty) shells and you're pretty safe.

In regard to your question about "why turbans and not tegulas," turbans
(Astraea undosa) used to be one of the most common gastropods in local
tidepools, thus, they were considered a sustainable food item. They were
big and easy to spot. That spelled the end of their existance in shallow
water. Too little intelligent legislation too late.
It was the same with abalone. The first group to have their collecting
curtailed was the group who had the least impact.  Collecting by sport
divers was closely regulated while commercial collectors ran rampant
with the blessings of CFG.

Written regulations don't have enough flexiblity to deal with ever
changing conditions. The courts know this and allow F&G lattitude in
interpretation and enforcement. It's an convoluted problem that will
never be completely clear...regardless of what gets set down in writing.

Kim Hutsell
San Diego


Phil Liff-Grieff wrote:
>
> I have a question for Bobbi or Kim or others regarding the specifics of
> California State Fish and Game regulations regarding shoreline
> collecting.  The actual regulation reads as follows  (March 1998
> booklet):
>
> Section 29.05 (b)
> “Tidal invertebrates may not be taken in any tidepool or other areas
> between the high tide mark ... and 1,000 feet seaward and lateral to the
> low tide mark... except as follows:
>
>         29.05(b)(1) (specifies rules for state parks, national parks, etc.)
>
>         29.05(b)(2)  “In all other areas, except where prohibited within marine
> life refuges or other special closures: Abalone, limpets, moon snails,
> turban snails, chiones, clams cockles, mussels, rock scallops, native
> oysters, octopuses, squid, crabs, lobsters, shrimps, sand dollars, sea
> urchins and worms may be taken.”
>
> It seems to me that the regulations allow the collecting of some
> gastropods within the 1,000 foot limit (limpets, moon snails and turban
> snails- there is a moratorium on abalone) in some areas.  The selection
> of allowed species is interesting- why turban snails and not Tegulas,
> for example?  If crabs are allowed, can one collect hermit crabbed
> shells in tidepools in California?
>
> Any thoughts?
>
> Phil Liff-Grieff
> [log in to unmask]
> La Crescenta, CA   (not within 1,000 feet of the low tide mark)