Fresno woman hit with $88,000 fine after kids collected 72 Pismo clams. ‘I was in shock’
But the story has a much happier ending after she appealed her case to a judge. Charlotte Russ was hit with an $88,000 fine after her children collected 72 undersized Pismo clams in Pismo Beach, California. The clams, which are typically used to harvest at least 10 per day, were found to be at least 4.5 inches long and were thought to be seashells. The San Luis Obispo County Superior Court initially fined Russ $88K for fishing without a license and collecting undersized clams. However, after Russ pleaded her case in court, the judge reduced the fine to $500. In 2023, 58 citations were issued to people for harvesting under the current clamming laws.
公開済み : 4週間前 沿って Stephanie Zappelli の Environment
When Charlotte Russ visited Pismo Beach last November, she expected her kids to play in the sand and gather seashells.
She didn’t expect them to collect 72 undersized Pismo clams — accidentally violating local rules and landing her with an $88,000 fine.
“My kids had only plastic play toys, and they were trying to dig in the sand,” Russ said. “They thought, ‘These are seashells, wow!’”
The San Luis Obispo County Superior Court originally fined the Fresno resident $88,993 for fishing without a license and collecting undersized clams, according to court documents.
But after Russ pleaded her case in court, the judge took mercy on her and eventually lowered the fine to $500.
“I was so grateful,” she said.
In San Luis Obispo County, a person can only harvest 10 Pismo clams a day, and they must be at least 4.5 inches long, according to California Department of Fish and Wildlife Lt. Matthew Gil.
The clams have been recovering from a history of overharvesting, and the size limit gives the clams enough time to become adults and reproduce, which sustains the population, he said.
Clammers must also have a valid fishing license and an accurate measuring device, and they can only harvest clams from half an hour before sunrise to half an hour after sunset, according to Gil.
Those who dig up undersized clams must rebury them 2 inches deep in the sand.
“Clams can’t bury themselves,” Gil said. “If they don’t get re-buried, they’ll just tumble on top of the surf and a seagull will pick them up and they’ll die.”
It’s not uncommon for people to run afoul of the clamming laws in Pismo Beach.
In 2023, 58 citations were issued to people for harvesting undersized clams — including the citation issued to the Russ family, Gil said.
And another 61 citations already have been issued this year, he said.
Russ knew none of that information when, with eight children in tow, she and a friend embarked on a fall trip from Fresno to Pismo Beach. Their kids ranged in age from 4 to 11, she said.
Russ, her friend and the younger kids set up on the sand, while the five older kids ran off to play closer to the water.
Russ didn’t notice posted signs that explained the clamming rules, so she didn’t wasn’t aware it was illegal to harvest undersized clams.
The older kids spotted the Pismo clams and thought they were seashells, so they filled their plastic buckets with 72 of the shellfish.
“My kids came back with a couple buckets of seashells — or what they thought were seashells,” Russ said. “As soon as I saw them, I was like, ‘Oh, those are not seashells, take those right back.’”
But it was too late.
When the kids turned around to return the clams to the water, an officer approached the group.
“I had no idea what they were in trouble for,” Russ said. “I was kind of hoping he’d give an explanation, or even just explain to my kids what they did wrong because we actually had no idea — but he just refused.”
He pulled the clams out of the bucket and laid them in a line to count them, “similar to a drug bust,” Russ said. Then the officer wrote Russ a ticket for collecting undersized Pismo clams.
“It was, at the time, really hard for me to wrap my head around,” she said. “I was in shock.”
The officer did not tell Russ what he did with the clams after seizing them, she said.
After Russ returned to Fresno, she received a $88,993 fine in the mail to go with her ticket.
“When I opened it up, I was just shocked,” she said. “When I saw that number $88,000, I just couldn’t believe it.”
She went to small claims court to address the ticket, and the judge lowered the fine to $500, Russ said.
“I was so grateful. I actually was emotional in the courtroom,” Russ said. “It almost was as if she had seen this multiple times.”
The day she won her case, Russ got a tattoo of a seashell to commemorate the experience.
“I definitely laugh about it now,” she said. “We learned our lesson. I’ll just have more respect and be more careful, especially when we’re in places where we don’t know everything about the area. My kids are well aware, and I love that they know now.”
Clams are a significant part of the Pismo Beach’s history. The city even named itself the Clam Capital of the World in 1947.
Pismo clams almost disappeared during the 1990s, which could have been caused by over-harvesting by fishermen and sea otters. They didn’t start to resurface on local beaches until about 2016.
“We’re not quite sure why they disappeared in the first place and why they’re back now,” Gil said.
Luckily, the clam population seems to be bouncing back.
In 2019 and 2020, biologists saw the “big pop explosion happen,” Gil said, when clams started resurfacing on the shore in large quantities.
In 2023, someone found the first 4.5-inch-long Pismo clam in SLO County since the 1990s, Gil said.
This year, people are finding enough full-sized clams to harvest 10 at a time — but only in certain places on the beach, according to Gil.
“You have to be cautious where you’re at. Near the Pismo Pier, you’re going to find thousands of Pismo clams, but none of them will be legal size,” Gil said. “There’s some people, especially locals, that have figured it out.”
Before, people only got citations for harvesting undersized clams. Now, people are also getting cited for harvesting legal-sized clams without a fishing license, co-mingling their 10 clams with another person’s, or failing to rebury undersized clams after digging them up, Gil said.
Gil advised tourists to educate themselves on local clamming regulations before visiting. He also told them to be mindful of signs posted at the pier and on the beach that advertise the clamming rules.
Pismo clams have a “shiny, smooth finish,” a triangular shape and horizontal striping, he said. Live clams will have both shells pressed together. Dead clams would be open or missing one of their shells.
“If you’re picking up a shell, you should be able to see inside of the shell.” Gil said.
He said locals have been reporting clam poaching to the Department of Fish and Wildlife, which helps them with enforcement.
“Locals in SLO County have been doing a great job taking ownership of the clams,” he said. “It’s been neat to see that.”