Question: I am going over abalone laws again for any details I may have missed and I have one quick question. Measuring devices: You must have a fixed-arm measuring gauge, capable of spanning an abalone’s shell. It is a violation to take an abalone when not in possession of a gauge, even if the abalone is legal size. But what if the gauge is part of the ab iron? Since it has a fixed arm that is capable of measuring abalone, I assume this gauge is legal. I just wanted to confirm since I am hearing that people are being approached for this type of gauge. Thanks. Jerry
Answer: In order for this combination abalone iron/measuring gauge to be legal, it must meet the requirements of a legal abalone gauge and legal abalone iron.
According to California Department of Fish and Wildlife Lt. Dennis McKiver, the law says every person taking abalone “shall carry a fixed-caliper measuring gauge capable of accurately measuring seven inches. The measuring device shall have fixed opposing arms of sufficient length to measure the abalone by placing the gauge over the shell.” (California Code of Regulations Title 14, section 29.15(f))
While the idea of carrying one device seems desirable, it is difficult to determine the absolute legality of this particular device from this photo alone. The important thing to consider is that a legal gauge must be “capable of accurately measuring,” and the fixed opposing arms must be “of sufficient length to measure the abalone by placing the gauge over the shell.” If there is any question, the abalone fisherman should carry an additional legal abalone gauge with them.
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All divers must carry an abalone gauge that measures seven inches, and any abalone removed from the rock that measures seven inches or more must be retained (CCR Title 14, section 29.15(d)). Wildlife officers frequently find people trophy hunting with only nine- or 10-inch gauges in their possession and they end up citing many of these individuals for high grading because they are detaching and replacing abalone that are less than nine or 10 inches but are otherwise legal to take.
Q: Is it legal in California to hunt small and big game with a slingbow, provided it can cast an arrow legal for the game being hunted at least 130 yards? Referring to the California Code of Regulations Title 14, section 354, slingbows do have flexible material (the band), and a string connecting its two ends (of the band) as the nock, to satisfy the legal definition. Jason L.
A: These slingshot-style bows would not be legal because bows are defined only as longbow, recurve or compound bow (under CCR Title 14, section 354(a)). The slingbow falls under the definition of a crossbow (CCR Title 14, section 354(b)) “or cured latex band” and could be used for hunting under crossbow regulations.
Q: While living back east, we used “dough balls” for trout. We made them out of corn meal, flour and water or fish meal. Is this a legal bait for trout in California? Mike
A: Yes. Processed foods may be used in California’s inland waters where bait is legal. Therefore, where bait is legal, dough balls would be legal.
Q: If I bought a California fishing license earlier in the year but then moved out of state, can I still legally fish with that resident license even if I now have an Idaho address? I’ll be coming back and forth during the year to visit family and hope this license will be good at least through the end of the year. James F., Boise, Idaho
A: Your resident California sport fishing license is valid through Dec. 31, 2014, even if you move out of state.
“Resident” is defined as: Any person who has resided continuously in the State of California for six months or more immediately prior to the date of his application for a license or permit, any person on active military duty with the Armed Forces of the United States or auxiliary branch thereof, or any person enrolled in the Job Corps established pursuant to Section 2883 of Title 29 of the United States Code (Fish and Game Code, section 70).
“Nonresident” is defined as: Any person who has not resided continuously in the State of California for six months immediately prior to the date of his application for a license or permit (FGC, section 57.)
Next year, you will need to buy a nonresident sport fishing license to fish in California.