Question: I know a guy who was abalone diving off his kayak recently and took three nice abalone that all measured around nine inches. He was diving for the big abs and so was using a 9-inch gauge, but had his required 7-inch gauge in his goody bag on the kayak. When he finished up and got back to the beach with his tagged abalone and his gauges in his goody bag, there was a wildlife officer waiting there who had been watching him and wrote him a ticket for using a 9-inch gauge instead of a 7-inch gauge. Why did he get a ticket? (Tim S.)
Answer: Abalone divers are required to “… carry a fixed-caliper measuring gauge capable of accurately measuring seven inches” (California Code of Regulations Title 14, section 29.15[f]) and are required to retain any legal-sized abalone they detach and add them to their bag (CCR Title 14, section 29.15[d].) It is fine to use a gauge larger than the required 7-inch gauge to measure over-sized abalone when trophy hunting. The problem occurs when a diver detaches and brings an abalone to the surface, measures it with only a 9-inch gauge, and then rejects it for being smaller than their personal target size even though the abalone may still be of the minimum legal size (seven inches or larger). This practice puts the diver in violation of the above sections and this practice is considered “high-grading.”
To avoid this kind of ticket, divers should not return any abalone before first measuring with a 7-inch gauge to be sure they are smaller than legal size. A 7-inch gauge should be in the immediate vicinity of where the diver surfaces (in hand, float tube or kayak) so that the abalone can be readily measured, and if they then turn out to be short, the diver can then return it to the same location where originally taken. The violation occurs when divers detach and then reject legal-sized abalone because they are seeking only the oversized ones.
Disabled wheelchair-bound hunters?
Question: My dad used to hunt ducks with me every weekend. The last few seasons he had to miss due to becoming disabled and wheelchair-bound. Recently he has talked about hunting the refuges with me this coming season, and has bought an electronic chair. My question is will the electronic chair be allowed onto free roam Type A/B or on Type C areas? Or will it be considered an ATV (which it is not)? He would only be able to do levees or gravel roads. Thanks. (James)
Answer: Many of our wildlife refuges have disabled hunter blinds that would allow your father and one able-bodied hunter to still enjoy waterfowl hunting and accommodate his need for an electronic chair or regular wheelchair. But while he would probably be allowed to free-roam hunt, most refuges with their levees and gravel roads may not be easy to get around in via a wheelchair. ATVs are prohibited. It might be best to call ahead to the refuge where you’d like to hunt to inquire about the conditions available.
Hunting with an arrow rifle?
Question: I have an arrow rifle that’s powered by CO2 high pressured gas that I’ve had for the last 15 years. It’s not a crossbow. I’ve heard it was made for SWAT teams, but I’m not sure. I just think it would be cool to hunt with it but didn’t see anything in your regulations about it. What do you think? Would it be legal? (Wes H.)
Answer: No. The weapon you describe would not be legal for taking fish or wildlife in California.
Bringing black bear claws in from out of state
Question: I recently purchased black bear claws from a licensed store/vendor in Idaho and would like to know if it is legal to bring them back into California. (Anonymous)
Answer: If you buy them legally in another state and have documentation to prove it, you can legally bring them back here so long as you declare their entry into California (Fish and Game Code, section 2353. Assuming they are from a black bear, you cannot sell them once in California though. Even if you decide to later sell them and plan to do so over the Internet … don’t! You could then be charged with a hefty federal Lacey Act violation. Buying or selling black bear parts within California is strictly forbidden, even if the bear was taken out of state.
# # #
Carrie Wilson is a marine environmental scientist with the California Department of Fish and Wildlife. While she cannot personally answer everyone’s questions, she will select a few to answer each week in this column. Please contact her at CalOutdoors@wildlife.ca.gov.