Abalone Poachers Sentenced to Probation, Community Service, Fined and Lose Gear

The California Department of Fish and Wildlife (CDFW) has noted an apparent increase in abalone poaching in Southern California waters. Potential abalone poachers and the general public should be aware wardens are on the lookout and penalties for illegally taking abalone can be stiff.

Two Southern California men recently pleaded no contest to misdemeanor Fish and Game Code violations in Los Angeles Superior Court. They were each ordered to:

  • Serve three years’ probation;
  • Pay a $2,405 fine;
  • Pay an additional $1,000 fine to the Department of Fish and Wildlife to be used to implement wildlife preservation policies;
  • Successfully complete a 3- to 5-unit marine biology course at a local college;
  • Serve 40 hours of community service, and
  • Forfeit diving and fishing gear.

Curatola abalone-knife

Wade Anthony Curtatola of Rancho Cucamonga was diving off Catalina Island on Sept. 29, 2012, the opening day of lobster season. With no other boats in the area a warden went into the water near where Curtatola surfaced behind a boat and found a spear gun and game bag filled with a horn shark, four abalone and 13 lobster tails in 30 feet of water. Samples of genetic materials taken from Curtatola’s equipment matched the species found in the dive bag. Curtatola pleaded to misdemeanor counts of taking abalone in a closed area, over-limit of lobster and possession of tailed lobster.

“All it takes is one drop of blood, or a few cells from an animal to make positive identifications of illegally taken species,” said Lt. Eric Kord, CDFW Law Enforcement. “CDFW and our partners are using the latest tools and technology to help protect California’s resources.”

Bruce Allen Boyd of Oceanside was fishing off Catalina Island the same day, Sept. 29, when wildlife officers boarded his boat for an inspection. Wildlife officers found a dive bag with a large abalone concealed in a trash can. The abalone was photographed and returned to the ocean. Boyd was charged with one violation and pleaded to a misdemeanor count of taking abalone in a closed area.

It has been illegal to take abalone since 1997 in the southern half of the state (San Francisco Bay south to Mexican border) due to over fishing, disease and sea otter predation.

“We have seen a pretty sharp rise in abalone poaching here in Southern California over the last 18 months or so,” said Kord. “Most anglers are responsible fishermen and know the laws; the enforcement is to protect resources from the rest.”

Illegally taking abalone has some of the highest penalties in the Fish and Game Code, and can include of up to a year in jail, fines in the thousands of dollars, permanent loss of fishing licenses and confiscation of fishing and diving gear.

 

Media Contacts:
Lt. Eric Kord, CDFW Law Enforcement, (858) 538-6017
Andrew Hughan, CDFW Communications, (916) 322-8944

Abalone Poacher Sentenced in Mendocino County

Media Contact: Warden Mark Michilizzi, CDFW Enforcement, (916) 651-2084

A Rohnert Park man was sentenced to two years’ probation and fined $5,000 for the unlawful commercial take of 20 abalone.

A Mendocino County Superior Court judge also imposed a lifetime fishing ban on Jason McMillen, 30.

On June 23, 2012, California Department of Fish and Wildlife (CDFW) officers investigated reports of a large unattended bag filled with abalone. The bag, which held 17 red abalone, was located in shallow waters along the Mendocino coastline south of Hare Creek.

Wildlife officers waited for McMillen, who returned to the area and retrieved the bag of abalone the following day. The investigation revealed McMillen had unlawfully taken 20 abalone with the intent of selling them.

California regulations prohibit an individual from taking more than three abalone per day or possessing more than three abalone at any one time.  Pursuant to the Fish and Game Code, the possession of more than 12 abalone is prima facie evidence that a person possesses the abalone for commercial purposes.

Reports from concerned members of the public along with prosecution efforts from the Mendocino County District Attorneys Office and penalties placed by the Mendocino County Superior Court have been fundamental in protecting this precious resource.

Anglers and Divers Can Now Report Harvest Results Online

Anglers and divers can now go online to more easily submit their abalone, lobster, salmon, steelhead and sturgeon report cards required by the Department of Fish and Wildlife (CDFW). These report cards provide important harvest data critical to helping fishery scientists better manage these fishing programs.

Reporting requirements for anglers and divers have not changed, but this online submission option makes the reporting faster and easier. By providing harvest details more quickly, fisheries managers can more promptly put the information to use.

Standard mail reporting is still available and can be done through the address printed on the report card.

To report online, just go to CDFW’s Online License Service (www.dfg.ca.gov/licensing/ols/) page and search for your profile by entering your last name, date of birth and ID Number, which can be a driver’s license number, a GO ID or other form of identification. When the system finds an exact match, it automatically logs the user on to their profile, where he or she can purchase a license or complete a harvest report card.

Confirmation numbers will be provided to those who report online, so there will be no need to mail in the report card. Write the number on the report card and retain it for 90 days for survey purposes. Once a report card has been reported, it is no longer valid.

Please note: The law requires sport fishing report cards be submitted by January 31 even if divers and angers were unsuccessful or did not fish at all. Please refer to your report card for specific reporting requirements. For additional information on harvest reporting requirements, please visit www.dfg.ca.gov/licensing/harvestreporting/.

Details on specific species and reporting availability online are listed below.

Requirements for online reporting
Complete data is required and must be completed within 20 minutes to avoid a system time out.

Sport fishing report cards may be reported online only after the last day of the report card’s validity. All entries on the report card must be entered onto the electronic form, including activity where no catches were made.

Reporting Availability – You may submit your information online for items below beginning on the specified date. Only the data from 2012 report cards and beyond may be submitted online.

Dec. 1, 2012
Abalone Report Card

Jan. 1, 2013
North Coast Salmon Report Card
Spiny Lobster Report Card
Steelhead Report Card
Sturgeon Fishing Report Card

Fishing harvest and effort data is essential to help scientists better manage these fisheries, which is why anglers are required by regulation to submit sport fishing report cards in a timely manner.

Contacts:
Glenn Underwood, License Program Analyst, (916) 928-6882
Carrie Wilson, Environmental Scientist, (831) 649-7191

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