Beaches Post Signs to Lay Down Law for Clam Diggers

The tides were low but hopes were high this weekend for a new plan to combat clam poaching on area beaches, despite reduced enforcement efforts by county officials.

County Supervisor John K. Flynn held a news conference Saturday morning at Silver Strand Beach to announce a new public education effort aimed at saving the pismo clam.

Flynn, along with Pat Forrest of the Channel Islands Beach Community Services District; David Brown, a California Department of Fish and Game warden, and Silver Strand resident Scott Shoemaker, unveiled the new plan, which consists mainly of newly posted aluminum signs detailing the clam-fishing laws.

“That’s a huge step,” said Shoemaker of the signs provided by the county.

Legal clam diggers must have a fishing license, and harvesting must be done between 30 minutes before sunrise and 30 minutes after sunset. The minimum size for pismo clams is 4 1/2 inches in diameter, and diggers are limited to 10 clams in any 24-hour period.

Maximum penalties for violations of the law, which is a misdemeanor, can be $2,000 and six months in jail. But due to budgetary constraints, the Ventura County district attorney’s office is no longer prosecuting clam poaching cases.

“We are unable to file the cases unless it involves a problem with public safety,” said Ed Brodie, misdemeanor supervisor in the district attorney’s office. “The No. 1 case we prosecute are DUIs. I understand the seriousness of raping the environment. I want to prosecute every misdemeanor in the county, but it’s not possible.”

The misdemeanor section, which suffered a staff reduction from 24 to 16 attorneys, also handles domestic violence, spousal battery and drug cases. Brodie said budget cuts have forced workers to make choices.

“We are going to prosecute the DUIs, and the person with too many clams will go by the wayside,” Brodie said.

Flynn did not want to comment on the enforcement issue Saturday.

“This, today, is an educational effort,” Flynn said. “If we can educate people, we’ll be able to maintain this fishery.”

Shoemaker said he does not see a separation between public safety and protecting the environment.

“What do we want here?” Shoemaker said. “I’m all for public safety. We’re going to pay in the end. Public safety and saving the environment are not mutually exclusive.”

Brown said he and other fish and game wardens are writing fewer citations because of the county’s inaction.

“It’s basically taken the teeth out of what we do,” Brown said.

Without limits, Brown said, “it wouldn’t take very long for the clam beds to be completely wiped out.”

Brown estimated that in previous years, the county’s four state fish and game wardens each issued an average of 15 citations weekly for clam poaching during the spring and winter months. About 20% to 30% of the citations they issue are for large-scale violations, involving 500 to 2,000 clams, Brown said.

Brown said the effect of the educational campaign will be limited.

“I don’t think it will help with the large-scale poachers,” Brown said. “It will help with the local people” and those who don’t know the law.

Brodie said, however, that the public-safety policy is flexible. Especially flagrant violations of clam poaching regulations will still be prosecuted.

Clams are not the only species affected by budget cuts, Brown said. Several cases of deer hunters’ use of spotlights, also misdemeanors, have recently been dropped because of the budget problems, according to Brown.

“It kind of makes you wonder why you’re out trying to enforce the law, when you can’t get the courts to follow through,” Brown said. “Our presence minus the enforcement--it’s still too early to know how significant that’s going to be.”

Prosecutorial backup or not, Brown was out patrolling the beach late Friday afternoon when he came upon Larry Hartman of Newbury Park, who was clamming with his family and some friends. Brown measured each of Hartman’s seven clams, and all were legal. Brown then asked for Hartman’s license, and found it in order. Hartman, a Los Angeles city firefighter, said he comes out to clam every year when the tides are low.

As the sun went down, Hartman and his family and friends were headed home for dinner: New England-style clam chowder.