La Gringa !!

Ooops, pic was too big...

Here's La Gringa of recent.....

Clams

Right you are. Ended up putting the extras back into the sand for another day. Here's a pic of collecting some beachside yummies !!

Closer up....

Yum, yum !!!!

As a fisherman, you should already know this... But, as you know I like to help people get accurate details... Here are two sources that cover the law on clam collecting:

Sept. 6, 2000, by Gene Kira:

How many of us have ever bothered to read the actual Mexican sportfishing regulations? I must confess: until a few months ago, all I had ever read was the little one-page sheets handed out by the Mexican Department of Fisheries. The thought of reading tons of legal stuff written in Spanish by a bunch of Mexican bureaucrats and lawyers was just too painful to contemplate. I let it slide for about 35 years.

However, I was recently jogged out this state of blissful ignorance by a little booklet written by Bernard R. Thompson, who runs the international consulting firm of MIRA Associates. Simply put, Thompson's booklet gives you a direct English translation of the most pertinent parts of Mexican law that apply to sportfishing. This booklet, titled "Mexico, Sportfishing Regulations, English, Spanish," is only 24 small pages long, and only 14 pages are in English. Just right, if you ask me.



Thompson's thoughtful editing and translating make it easy for anyone to find out what Mexican law actually says, and his booklet contains some interesting points and a couple of surprises for us tourist anglers. Here's a sample of some key items from Thompson's booklet:

1. The catching of "fish" only is allowed. Specifically prohibited are "crustaceans," "mollusks," "marine mammals," "reptiles" and "amphibians." No surprises there. We all know that we're not supposed to take lobsters and abalone, for instance. But, if you interpret this section literally, it also means you can't take squid, which is a type of mollusk. That is a surprise.

2. "A permit will not be required to engage in this activity [sportfishing] from land..." This provision has surfaced in the printed handouts often enough to be known by most old-timers. However, I have been asked to show my license on several occasions while shore fishing. I would ignore this section. Get a fishing license.

3. Section 4.6.6 is a mind-boggler. Chumming with live bait is prohibited except during "authorized" fishing tournaments. All live bait thrown into the water must have a hook in it. No kidding.

4. Section 4.6.5 says live bait can only be used to catch your first two fish of the day. After that, only dead bait is allowed. No kidding.

5. There are even some interesting notes in the well-plowed area of bag limits. The overall limit is 10 fish per day, of course, with a maximum of five fish of any single species. The limit is only one fish per day on marlin, sailfish, swordfish and shark. A one-fish limit of these species counts as five fish toward your overall limit. The limit is two fish per day for tarpon, dorado or roosterfish, and this also counts as five fish toward your overall limit. This means, if I interpret it correctly, that if you keep a blue marlin and two dorado, you are done for the day, no tuna, no cabrilla, no nothing (you may continue to catch-and-release).

6. You must not fish within 250 meters (271 yards) of swimming beaches or commercial fishing boats.

7. Spearfishing is allowed only while breath-hold skin diving. No fishing with scuba gear allowed. The spearfishing limit is five fish, regardless of species.

8. You may not fillet your fish aboard the boat that was used to catch it.

7. For bottom fishing and making bait, a maximum of four hooks is allowed on your line, no multiple-point hooks.

9. There are several references to minimum size requirements for billfish and other species, although those requirements are not specified.

10. The use of lights to attract fish is specifically prohibited, not just to attract "large quantities of fish."

11. The only prohibited fish species is the endangered totoaba, Cynoscion macdonaldi.

Some of these rules are generally known to the Baja sportfishing community. Some are not. Many of them are ignored, most notably the crazy regulations on the use of live bait, and the implied prohibition against catching squid.

Traditionally, Mexican inspectors have been lenient in allowing tourists to take such things as clams when it's "only for personal consumption." However, that has become very risky as enforcement has been steadily tightened in recent years, especially with regard to such economically lucrative species as lobster and abalone. Interestingly, Thompson's book makes no mention about "for personal consumption allowed." So watch it. This important booklet should be required reading for all of us who go fishing in Mexico.

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SPORTFISHING REGULATIONS


MEXICAN SPORTFISHING REGULATIONS


When operating a boat that carries fishing equipment in Mexican waters, it is necessary to hold a valid fishing license for everybody aboard the boat, regardless of age and whether fishing or not. A Fishing License is not required when fishing from land.
Only one rod or line with hook is permitted in the water, per person, but there is no restriction regarding the number of replacement items.
A fishing license allows to capture only fin fish. It does not allow to capture any other mollusks or crustaceans, and their capture by anyone is strictly prohibited. Totuava, turtles and marine mammals are under protection of the Ministry and may not be captured at any time.
To capture bottom fish, up to four hooks on a vertical line may be used.
The use of electric reels is restricted to disabled fishermen only, after written authorization for the Ministry before use.


BAG AND POSSESSION LIMITS

In ocean waters and estuaries the limit is a total of ten fish per person per day, with no more than 5 catches of a single specie, except of the species of Marlin, Sailfish, Swordfish and Shark, of which only one specimen from this group is allowed per day, and which counts a five toward the overall 10 fish limit, or Dorado, Roosterfish, Shad, or Tarpon, of which only two samples from this group are allowed, and which count as five toward the overall 10 fish limit.

Limit on inland bodies of water (rivers, lakes, dams, etc.) is five fish per day, whether of a single specie or in combination.

Underwater fishing is limited to five fish per day, using rubber band or spring type harpoons, and only while skindiving.

There is no limit to the practice of "catch and release", as long as the fish that exceed the bag limit be returned to their environment in good survival condition.

Where sportfishing is conducted from boats out at sea for longer than three days, the bag limit will be the equivalent of three times the amounts mentioned above.


VIOLATIONS


It is illegal to capture and maintain alive any fish for ornamental purposes.
It is prohibited to receive any financial gain from the product obtained through sportfishing.
It is prohibited to dump trash, litter or substances that harm the aquatic flora or fauna, whether on lakes, river banks, shores or oceanic waters.
It is prohibited to collect shells, corals, sea anemones and snails, or to disturb the original ecosystem environment.
It is prohibited to practice sportfishing 250 meters or less from swimmers.
It is prohibited to use artificial lighting to attract large quantities of fish.
It is prohibited to discharge firearms in Mexican waters.
Fish caught under a sportfishing license may not be filletted aboard the vessel from which it was caught
It is requested that all unusual activities, occurrences or record catches be reported to the nearest office of the Oficina de Pesca, or to its representation in San Diego, CA., in order to ensure the preservation of natural resources for the continued enjoyment of all fishermen.

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The key lines above: "A fishing license allows to capture only fin fish. It does not allow to capture any other mollusks or crustaceans, and their capture by anyone is strictly prohibited"

and this specifically saying 'tourists' (which I would define as meaning non-Mexicans): "Traditionally, Mexican inspectors have been lenient in allowing tourists to take such things as clams when it's "only for personal consumption." However, that has become very risky as enforcement has been steadily tightened in recent years, especially with regard to such economically lucrative species as lobster and abalone."

If clamming was also illegal for Mexicans, how is it bus loads of clam diggers regularly are unloaded on San Quintin beaches and how do restaurants and taco stands get clams for their clam c-cktails, etc.?

[Edited on 5-9-2008 by David K]

Perhaps?? Maybe a way to keep clam collecting in local hands as an income source?

I wonder if the Clam Man of San Felipe was legal???

David,
I think that guy is really Guru Bubba Clam Das Rajneesh Hasheesh and he is allowed to catch absolutely anything he can....he just isn't attached to it ....

Get Greg Niemann's book 'Baja Legends'... there is a chapter on the Clam Man!

Greg gives his true name as Pasqual "Cruz" Guerrero... he passed away in 1988... He had five daughters and three sons... much more detail on the family in the book, pages 80-81.

http://www.gregniemann.com




[Edited on 5-16-2008 by David K]

Every Baja Nomad needs to have our late friend's book!