Ingenious or Illegal?

July 31, 2014

Question: I am going over abalone laws again for any details that 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-sized.

As you can see in this picture, 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 both a legal abalone gauge and legal abalone iron.

According to California Department of Fish and Wildlife (CDFW) 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.

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.