State California Regulations TITLE 14. NATURAL RESOURCES DIVISION 1. FISH AND GAME COMMISSION -DEPARTMENT OF FISH AND GAME database is current through 09/22/06, Register 2006, No. 38 Foreword Statement of Purpose, Effect, and Application of Rules [FNa1] These rules and regulations may be used as guides in the exercise of discretion, where a discretion is vested. However, under no circumstances, and in no particular case shall they, or any of them, be construed as a limitation or restriction upon the exercise of any discretion, where such exists; nor shall they in any event be construed to deprive the commission of any exercise of powers, duties and jurisdiction conferred by law. Except for rules and regulations adopted pursuant to provisions of Sections 200 to 221, inclusive, of the Fish and Game Code, the commission may suspend or modify these rules, in whole or in part, upon good cause shown or when in the discretion of the commission the particular facts or circumstances render such action appropriate in a given instance. [FNaa1] Section 12000 of the Fish and Game Code provides that a violation of any provision of that code other than Sections 3009 and 12001 or any rule, regulation or order made or adopted under that code is a misdemeanor. Section 12000 of Division 9, Chapter 1 of the Fish and Game Code provided that a violation of any provision of the rules and regulations found herein in this Title 14 is a misdemeamor. (Stats. of 1961, Ch. 1815.) Foreword 1-19-74 In Register 74, No. 3, major substantive changes have been made to former Sections 1.05 through 98.8 of Part 1, Division 1, Title 14, dealing with sport fishing regulations of the commission. Previous Chapters 1, 2, and 3 of Part 1, which constituted the aforementioned sections, have been repealed and replaced with Chapters 1 through 5. The former Chapter 4, concerning commercial fish, can now be found as Chapter 6. Former Chapter 5, concerning capture, transportation, possession and sale of live freshwater fish for bait for profit, can now be found as Chapter 7, and former Chapter 6, containing miscellaneous regulations, can now be found as Chapter 8. The new sport fishing regulations cannot directly be compared with the previous regulations on a section-by-section basis. In the new format the regulations are broken into Chapter 1, General Provisions and Definitions; Chapter 2, Statewide Regulations for Fishing and Frogging in Inland Waters; Chapter 3, Inland Water Fishing; Chapter 4, Ocean Fishing; and Chapter 5, Reptiles and Amphibians. The basic objective in the new sport fishing regulations format is to divide the state into eight sport fishing districts, each containing certain common characteristics for all waters within it. Consequently, one should now first determine the sport fishing district containing the water of interest, and look within that district's regulations for general seasons, bag limits and methods of take applicable to that district. Review should then be made of the special regulations contained in that district for any exceptions which may apply. Chapters 1 and 2 contain certain provisions, definitions and regulations for fishing and frogging in the inland waters which are applicable to all districts other than the Ocean and San Francisco Bay District. s 1.04. Anadromous Waters. Anadromous waters are inland waters that are accessible to fish migrating from the ocean. Note: Authority cited: Sections 200, 202, 205 and 215, Fish and Game Code. Reference: Sections 200, 206 and 215, Fish and Game Code. s 1.05. Angling. To take fish by hook and line with the line held in the hand, or with the line attached to a pole or rod held in the hand or closely attended in such manner that the fish voluntarily takes the bait or lure in its mouth. Note: Authority cited: Sections 200, 202, 205, 210, 219 and 220, Fish and Game Code. Reference: Sections 2, 15, 200-202, 203.1, 205-210 and 215-222, Fish and Game Code. s 1.08. Artificial Fly. Any fly constructed by the method known as fly tying. Note: Authority cited: Sections 200, 202, 205, 210, 219 and 220, Fish and Game Code. Reference: Sections 200-202, 203.1, 205-210, 215-222, and 5516, Fish and Game Code. s 1.11. Artificial Lure. An artificial lure is a man-made lure or fly designed to attract fish. This definition does not include scented or flavored artificial baits. Note: Authority cited: Sections 200, 202, 205, 210, 219 and 220, Fish and Game Code. Reference: Sections 200-202, 203.1, 205-210, 215-222 and 5516, Fish and Game Code. s 1.14. Authorization for Taking Fish. Fish, amphibians, reptiles, mollusks and crustaceans may be taken only in the amounts, only during the open season and only with the gear authorized and shall not be taken otherwise. Note: Authority cited: Sections 200, 202, 205, 210, 219 and 220, Fish and Game Code. Reference: Sections 18, 45, 62, 86, 200-202, 203.1, 205-210, 215-222 and 5516, Fish and Game Code. s 1.17. Bag and Possession Limit. No more than one daily bag limit of each kind of fish, amphibian, reptile, mollusk or crustacean named in these regulations may be taken or possessed by any one person unless otherwise authorized; regardless of whether they are fresh, frozen, or otherwise preserved. Exceptions: See Sections 7.00, 7.50(a), 27.60(e), and 195, Title 14, CCR.See Sections 7.00, 7.50(a), 27.60(e), and 195, Title 14, CCR. Note: Authority cited: Sections 200, 202 and 205, Fish and Game Code. Reference: Sections 18, 45, 62, 86, 200, 202, 205 and 7120, Fish and Game Code. s 1.18. Bay-Delta Sport Fishing Enhancement Stamp. A person shall not sport fish in the tidal waters of San Francisco and San Pablo bays east of the Golden Gate Bridge and west of the Carquinez Bridge, (i.e., all tidal waters, sloughs, canals and forebays within the area east of Highway 101, west of Highway 29, west of Interstates 80 and 880, and north of Highway 237, including the Napa River below the Trancas bridge in Napa, Sonoma Creek below the Highway 121 bridge and the Petaluma River east of Highway 101), the Carquinez Strait, the Sacramento-San Joaquin Delta (i.e., all rivers, sloughs, canals, cuts, forebays, and flooded islands within the area south of Interstate 80, west of Highway 99, north of Interstates 580 and 205, and Highway 120, and east of Interstate 680), the Sacramento River below Keswick Dam, the Feather River below Oroville Dam, the Yuba River below Englebright Dam, the American River below Nimbus Dam, the Cosumnes River west of Highway 99, the Mokelumne River below Camanche Dam, the Calaveras River below New Hogan Dam, the San Joaquin River below Mendota Dam, the Stanislaus River below Goodwin Dam, the Tuolumne River below La Grange Dam, and the Merced River below Crocker-Huffman Dam, unless he or she first obtains, in addition to a valid California sport fishing license and any applicable stamp issued pursuant to Section 7149 or 7149.05, a Bay-Delta Sport Fishing Enhancement Stamp and affixes that stamp to his or her valid sport fishing license. Note: Authority cited: Sections 200, 202, 240, 1050 and 7360, Fish and Game Code. Reference: Sections 200, 202, 205, 206, 240, 713, 1050, 1055 and 7360, Fish and Game Code s 1.19. Barbless Hook. A fish hook from which the barb or barbs have been removed or completely bent closed, or which is manufactured without barbs. Note: Authority cited: Sections 200, 202, 205, 210, 219 and 220, Fish and Game Code. Reference: Sections 48, 200-202, 203.1, 205-210 and 215-222, Fish and Game Code. s 1.20. Black Bass. Includes largemouth, smallmouth, redeye and spotted bass. Note: Authority cited: Sections 200, 202, 205, 210, 219 and 220, Fish and Game Code. Reference: Sections 200-202, 203.1, 205-210, 215-222 and 1740-1743, Fish and Game Code. s 1.23. Bow and Arrow Fishing Tackle. Such tackle must have the arrow shaft or the point, or both, attached by a line to the bow or to a fishing reel (includes crossbow). Note: Authority cited: Sections 200, 202, 205, 210, 219 and 220, Fish and Game Code. Reference: Sections 200-202, 203.1, 205-210 and 215-222, Fish and Game Code. s 1.24. Bullfrog. Includes only Rana catesbeiana. See Chapter 5 for amphibian regulations. Note: Authority cited: Sections 200, 202, 205, 210, 219 and 220, Fish and Game Code. Reference: Sections 200-202, 203.1, 205-210 and 215-222, Fish and Game Code. s 1.26. Bullhead. Includes brown, black and yellow bullhead. Note: Authority cited: Sections 200, 202, 205, 210, 219 and 220, Fish and Game Code. Reference: Sections 200-202, 203.1, 205-210 and 215-222, Fish and Game Code. s 1.29. Catfish. Includes channel, white, blue and flathead catfish. Note: Authority cited: Sections 200, 202, 205, 210, 219 and 220, Fish and Game Code. Reference: Sections 200-202, 203.1, 205-210, 215-222 and 1725-1728, Fish and Game Code. s 1.32. Chumming. Placing any material in the water, other than on a hook while angling, for the purpose of attracting fish to a particular area in order that they may be taken. Note: Authority cited: Sections 200, 202, 205, 210, 219 and 220, Fish and Game Code. Reference: Sections 200-202, 203.1, 205-210, 215-222 and 1725-1728, Fish and Game Code. s 1.35. Closed or Closure. Refers to waters or areas closed to all fishing unless otherwise authorized. Note: Authority cited: Sections 200, 202, 205, 210, 219 and 220, Fish and Game Code. Reference: Sections 29, 62, 200-202, 203.1, 205-210, 215-222 and 1725-1728, Fish and Game Code. s 1.38. Closed Season. That period during which the taking of fish, amphibians, reptiles, mollusks or crustaceans is prohibited. Note: Authority cited: Sections 200, 202, 205, 210, 219 and 220, Fish and Game Code. Reference: Sections 11, 29, 35, 86, 200-202, 203.1, 205-210 and 215-222, Fish and Game Code. s 1.39. Coastal Pelagic Species. Coastal pelagic species means any of the following: northern anchovy (Engraulis mordax), Pacific sardine (Sardinops sagax), Pacific mackerel (Scomber japonicus), jack mackerel (Trachurus symmetricus), and market squid (Loligo opalescens). Note: Authority: Section 205, Fish and Game Code. Reference: Sections 200, 202 and 215, Fish and Game Code. s 1.41. Dates. Dates of seasons and closures are inclusive. Note: Authority cited: Sections 200, 202, 205, 210, 219 and 220, Fish and Game Code. Reference: Sections 11, 29, 35, 62, 200-202, 203.1, 205-210 and 215-222, Fish and Game Code. s 1.42. Dip Net. Webbing supported by a frame, and hand held, not more than six feet in greatest dimension, excluding handle. Note: Authority cited: Sections 200, 202, 205, 210, 219 and 220, Fish and Game Code. Reference: Sections 56, 200-202, 203.1, 205-210 and 215-222, Fish and Game Code. s 1.44. Dividing Line Between Lake and Stream. The mouth of the stream at the existing level of the lake surface. Stream regulations apply to parts of streams in the exposed beds of partially empty lakes. Note: Authority cited: Sections 200, 202, 205, 210, 219 and 220, Fish and Game Code. Reference: Sections 200-202, 203.1, 205-210 and 215-222, Fish and Game Code. s 1.47. Fishing Closures (Special), Seasons and Bag and Size Limits. The District Special Regulations are exceptions to the open seasons and bag limits specified in the Species Regulations. Where more than one area is fished, the number of fish in possession shall not exceed the limit specified in the Species Regulations. Open seasons and closures on streams listed in the District Special Regulations do not include tributaries of such streams unless so specified. Note: Authority cited: Sections 200, 202, 205, 210, 219 and 220, Fish and Game Code. Reference: Sections 18, 86, 200-202, 203.1, 205-210, 215-222 and 310, Fish and Game Code. s 1.48. Gill Net. A single wall of webbing, bound at the top by a float line and at the bottom by a weighted line and used for entangling fish. Note: Authority cited: Section 8682, Fish and Game Code. Reference: Sections 8680-8682 and 8700, Fish and Game Code. s 1.49. Highly Migratory Species. Highly migratory species means any of the following: albacore, bluefin, bigeye, and yellowfin tuna (Thunnus spp.); skipjack tuna (Katsuwonus pelamis); dorado (dolphinfish) (Coryphaena hippurus); striped marlin (Tetrapturus audax); thresher sharks (common, pelagic, and bigeye) (Alopias spp); shortfin mako shark (Isurus oxyrinchus); blue shark (Prionace glauca); and Pacific swordfish (Xiphias gladius). Note: Authority: Section 205, Fish and Game Code. Reference: Sections 200, 202 and 215, Fish and Game Code. s 1.51. Hoopa Indian Salmon Possession Limit. Note: Authority cited: Sections 200, 202, 205, 210, 219, 220 and 7708, Fish and Game Code. Reference: Sections 200-202, 203.1, 205-210, 215-222, 7155, 7700, 7702, 7703, 7706, 7708 and 12300, Fish and Game Code. s 1.52. Marking Requirements for Salmon Taken by Other Than Commercial Means. Note: Authority cited: Section 7708, Fish and Game Code. Reference: Sections 7700, 7702, 7703, 7706 and 7708, Fish and Game Code. s 1.53. Inland Waters. Inland waters are all the fresh, brackish and inland saline waters of the state, including lagoons and tidewaters upstream from the mouths of coastal rivers and streams. Inland waters exclude the waters of San Francisco and San Pablo bays downstream from Carquinez Bridge, the tidal portions of rivers and streams flowing into San Francisco and San Pablo Bays, and the waters of Elkhorn Slough, west of Elkhorn Road between Castroville and Watsonville. Also see Section 27.00. Note: Authority cited: Sections 200, 202, 205, 215 and 220, Fish and Game Code. Reference: Sections 200, 202, 205, 206, 215 and 220, Fish and Game Code. s 1.56. Lake. Includes natural lakes or man-made reservoirs. Note: Authority cited: Sections 200, 202, 205, 210, 219 and 220, Fish and Game Code. Reference: Sections 200-202, 203.1, 205-210 and 215-222, Fish and Game Code. s 1.59. Limit. Refers to daily bag limit and possession limit per person, or boat limit authorized in Sections 27.60(e) and 195, Title 14, CCR. Note: Authority cited: Sections 200, 202, 205, 210, 219 and 220, Fish and Game Code. Reference: Sections 18, 200-202, 203.1, 205-210 and 215-222, Fish and Game Code. s 1.60. Lure. A manufactured article or object equipped with one or more hooks designed to attract or catch fish. Note: Authority cited: Sections 200, 202, 205, 210 and 220, Fish and Game Code. Reference: Sections 200, 202, 205, 206, 209, 210, 215 and 220, Fish and Game Code. s 1.61. Non-Buoyant Lure. Any lure that sinks in freshwater. Note: Authority cited: Sections 200, 202, 205, 210 and 220, Fish and Game Code. Reference: Sections 200, 202, 205, 206, 209, 210, 215 and 220, Fish and Game Code. s 1.62. Minimum Size. No fish, mollusks or crustaceans less than the legal minimum size (total, fork or alternate) may be possessed, except as otherwise provided. Total length is the longest straight-line measurement from the tip of the head to the end of the longest lobe of the tail. Fork length is the straight-line distance from the tip of the head to the center of the tail fin. Tip of the head shall be the most anterior point on the fish with the mouth closed and the fish lying flat on its side. Alternate length is the straight-line distance from the base of the foremost spine of the first dorsal fin to the end of the longest lobe of the tail. Unless otherwise provided, all fish, mollusks or crustaceans less than the legal minimum size must be returned immediately to the water from which they were taken. Note: Authority cited: Sections 200, 202, 205, 219 and 220, Fish and Game Code. Reference: Sections 18, 200, 202, 205 and 220, Fish and Game Code. s 1.63. Movement of Live Fish. Except as provided in sections 4.00 through 4.30 and 230, live fin fish taken under the authority of a sport fishing license may not be transported alive from the water where taken. Note: Authority cited: Sections 200, 202, 205, and 210, Fish and Game Code. Reference: Sections 200, 202, 205-210, Fish and Game Code. s 1.65. Multiple Hook. A hook with two or more points. Note: Authority cited: Sections 200, 202, 205, 210, 219 and 220, Fish and Game Code. Reference: Sections 48, 200-202, 203.1, 205-210 and 215-222, Fish and Game Code. s 1.67. Native Reptiles and Amphibians. Native reptiles and amphibians are those subspecies, and species which have no subspecies in California, including all color phases, of the classes Reptilia and Amphibia indigenous to California whether taken from the wild or produced in captivity. Note: Authority cited: Sections 200, 202, 205, 220, 5061 and 6896, Fish and Game Code. Reference: Sections 200, 202, 205, 220, 5060, 5061, 6895 and 6896, Fish and Game Code. s 1.68. Open Season. That period of time during which the taking of fish, amphibians, reptiles, mollusks and crustaceans is authorized. Note: Authority cited: Sections 200, 202, 205, 210, 219 and 220, Fish and Game Code. Reference: Sections 11, 35, 48, 62, 200-202, 203.1, 205-210 and 215-222, Fish and Game Code. s 1.70. Opening Date and Bag Limit for Boundary Waters. Waters, exclusive of their tributaries, on the boundary between areas or districts with different opening dates or limits shall open on the earlier date and have the larger limit unless otherwise specified. Note: Authority cited: Sections 200, 202, 205, 210, 219 and 220, Fish and Game Code. Reference: Sections 11, 35, 48, 62, 200-202, 203.1, 205-210 and 215-222, Fish and Game Code. s 1.71. Sacramento-San Joaquin River Delta. The Sacramento-San Joaquin River Delta includes all rivers, sloughs, canals, cuts, forebays, and flooded islands within the area south of Interstate 80 to its junction with Highway 50, and south of Highway 50 via the Pioneer Bridge to its junction with Highway 99, west of Highway 99, north of Interstate 580, 205, and Highway 120, and east of Interstate 680. Note: Authority cited: Sections 200, 202, 205, 215 and 220, Fish and Game Code. Reference: Sections 200, 202, 205, 206, 215 and 220, Fish and Game Code. s 1.72. Stream (Includes Creeks and Rivers). A stream is a body of water that flows at least periodically or intermittently through a bed or channel having banks and supports fish or other aquatic life. This includes watercourses having a surface or subsurface flow that supports or has supported riparian vegetation. Note: Authority cited: Sections 200, 202, 205 and 210, Fish and Game Code. Reference: Sections 200-202 and 205-210, Fish and Game Code. s 1.73. Salmon. Includes chinook, coho, pink, chum and sockeye salmon. Note: Authority cited: Sections 200, 202, 205, 210, 219 and 220, Fish and Game Code. Reference: Sections 200-202, 203.1, 205-210 and 215-222, Fish and Game Code. s 1.74. Salmon Punch Card and Steelhead Fishing Report Card Requirements. (a) In addition to a valid sport fishing license, any person fishing for salmon in ocean waters north of Horse Mountain or in waters of the Klamath River system shall have in their possession a nontransferable Salmon Punch Card issued by the department. Anglers must immediately upon taking and retaining an adult salmon as defined in Section 27.80(d) in ocean waters, and over 22 inches total length in the river system, make a hole in the punch card in one of the designated locations and record the month, day, area of catch and species of salmon in the spaces provided. The fee for a Salmon Punch Card is specified in Section 701. A Salmon Punch Card shall be valid for the calendar year. No person may purchase or possess more than one Salmon Punch Card or any Salmon Punch Card other than his own. Any person who issues a Salmon Punch Card shall enter the card number on the appropriate space provided on the angler's valid sport fishing license. The sport fishing license number shall be entered on the punch card in the appropriate space provided. Anglers must return punch cards to the department within 30 days of the close of the calendar year. (b) In addition to a valid sport fishing license, any person fishing for steelhead trout in anadromous waters (see Section 1.04 for definition of anadromous waters) shall have in their possession a nontransferable Steelhead Fishing Report and Restoration Card issued by the department. For purposes of this regulation, a steelhead trout is defined as any rainbow trout greater than 16 inches in length found in anadromous waters. Anglers must immediately record, with a ball-point pen, the month, day, catch area, number of steelhead caught and kept, and number of steelhead caught and released whenever the cardholder finishes fishing for the day, moves to another river or stream, or retains a steelhead trout. A Steelhead Fishing Report and Restoration Card shall be valid for the calendar year. When the card becomes completely filled-in, any person may purchase another card. Anglers must return their card by January 31 of the following year to the address specified on the Steelhead Fishing Report and Restoration Card. Revenue received from the sale of the cards may only be expended to monitor, restore, or enhance steelhead trout resources and to administer the report-restoration card program. The card shall contain a statement explaining potential uses of the funds received. Note: Authority cited: Sections 200, 202, 205, 240, 1050, 1055 and 7380, Fish and Game Code. Reference: Sections 200, 202, 205, 206, 240, 713, 1050, 1055, 7380, 7381 and 7382, Fish and Game Code. s 1.75. Salmon Spawning Areas. No salmon may be taken or possessed on any salmon spawning area when it is closed to salmon fishing. Note: Authority cited: Sections 200, 202, 205, 210, 219, 220 and 310, Fish and Game Code. Reference: Sections 200-202, 203.1, 205-210, 215-222 and 310, Fish and Game Code. s 1.76. Spearfishing. The taking of fish by spear or hand by persons who are in the water and may be using underwater goggles, face plates, breathing tubes, SCUBA or other artificial underwater breathing device. Note: Authority cited: Sections 200, 202, 205, 210, 219 and 220, Fish and Game Code. Reference: Sections 200-202, 203.1, 205-210 and 215-222, Fish and Game Code. s 1.77. Sunfish. Includes bluegill, green sunfish, redear sunfish, pumpkinseed, warmouth, yellow perch and Sacramento perch. Note: Authority cited: Sections 200, 202, 205, 210, 219 and 220, Fish and Game Code. Reference: Sections 200-202, 203.1, 205-210 and 215-222, Fish and Game Code. s 1.80. Take. Hunt, pursue, catch, capture or kill fish, amphibians, reptiles, mollusks, crustaceans or invertebrates or attempting to do so. Note: Authority cited: Sections 200, 202, 205, 210, 219 and 220, Fish and Game Code. Reference: Sections 86, 200-202, 203.1, 205-210 and 215-222, Fish and Game Code. s 1.84. Titles and Section Numbers. All titles and headings used in these regulations are a part thereof. All section numbers cited refer to these regulations unless otherwise specified. Note: Authority cited: Sections 200, 202, 205, 210, 219 and 220, Fish and Game Code. Reference: Sections 2, 5, 200-202, 203.1, 205-210 and 215-222, Fish and Game Code. s 1.85. Trammel Net. Two or more walls of webbing, bound at the top by a float line and at the bottom by a weighted line and used for entangling fish. Note: Authority cited: Sections 8682, Fish and Game Code. Reference: Sections 8680-8682, 8700 and 8720, Fish and Game Code. s 1.86. Trout. Includes all trouts, chars, steelhead, kokanee salmon and grayling. Note: Authority cited: Sections 200, 202, 205, 210, 219 and 220, Fish and Game Code. Reference: Sections 200-202, 203.1, 205-210, 215-222 and 1725-1728, Fish and Game Code. s 1.87. Waste of Fish. It is unlawful to cause or permit any deterioration or waste of any fish taken in the waters of this state. Note: Authority cited: Section 5510, Fish and Game Code. Reference: Sections 5510, 7700, 7701, 7704 and 7705, Fish and Game Code. s 1.88. Public Pier. A public pier is a publicly owned manmade structure that has the following characteristics: is connected, above the mean high tide, to the main coastline or to the landmass of a named and charted natural island; has unrestricted free access for the general public; and has been built or currently functions for the primary purpose of allowing angling access to ocean waters. Additionally, publicly owned jetties or breakwaters that are connected to land, as described above, that have free unrestricted access for the general public and whose purpose it is to form the most seaward protective boundary of an ocean harbor are public piers. Jetties, breakwaters, promenades, sea walls, moles, docks, linings, barriers and other structures that are not the most seaward protective boundary of an ocean harbor, are not public piers. Note: Authority cited: Section 200, Fish and Game Code. Reference: Section 7153, Fish and Game Code. s 1.90. Nearshore Fish Stocks, Nearshore Fisheries, Nearshore Waters, and Shallow Nearshore Rockfish Defined. (a) Under the authority of Section 8587.1 of the Fish and Game Code, Section 8586 of the Fish and Game Code is made inoperative. (b) "Nearshore fish stocks" means any of the following: (1) black rockfish (Sebastes melanops), (2) black-and-yellow rockfish (Sebastes chrysomelas), (3) blue rockfish (Sebastes mystinus), (4) brown rockfish (Sebastes auriculatus), (5) cabezon (Scorpaenichthys marmoratus), (6) calico rockfish (Sebastes dallii), (7) California scorpionfish (sculpin) (Scorpaena guttata), (8) California sheephead (Semicossyphus pulcher), (9) China rockfish (Sebastes nebulosus), (10) copper rockfish (Sebastes caurinus), (11) gopher rockfish (Sebastes carnatus), (12) grass rockfish (Sebastes rastrelliger), (13) greenlings of the genus Hexagrammos, (14) kelp rockfish (Sebastes atrovirens), (15) monkeyface eel (Cebidichthys violaceus), (16) olive rockfish (Sebastes serranoides), (17) quillback rockfish (Sebastes maliger), and (18) treefish (Sebastes serriceps), (c) "Nearshore fisheries" means the commercial or recreational taking, possession, or landing of any species of nearshore fish stocks. (d) "Nearshore waters" means ocean waters including around offshore rocks and islands extending from the shore to a depth of 20 fathoms. (e) "Shallow nearshore rockfish" means a subgroup of rockfishes (genus Sebastes) including only black-and-yellow rockfish, China rockfish, gopher rockfish, grass rockfish, and kelp rockfish. Note: Authority cited: Sections 7071 and 8587.1, Fish and Game Code. Reference: Sections 8585.5 and 8586, Fish and Game Code. s 1.91. Federal Groundfish and Rockfish, Cabezon and Greenling (RCG) Complex. (a) The species or species groups listed in subsections 1.91(a)(1) through 1.91(a)(12) constitute "federal groundfish" and are managed under the Federal Pacific Coast Groundfish Fishery Management Plan: (1) "Nearshore Rockfish," which means the following species of rockfish: black rockfish (Sebastes melanops), black and yellow rockfish (S. chrysomelas), blue rockfish (S. mystinus), brown rockfish (S. auriculatus), calico rockfish (S. dalli), China rockfish (S. nebulosus), copper rockfish (S. caurinus), gopher rockfish (S. carnatus), grass rockfish (S. rastrelliger), kelp rockfish (S. atrovirens), olive rockfish (S. serranoides), quillback rockfish (S. maliger), treefish (S. serriceps) (2) "California Scorpionfish" (Scorpaena guttata) (3) "Shelf Rockfish" which means the following species of rockfish: bocaccio (Sebastes paucispinis), bronzespotted rockfish (S. gilli), canary rockfish (S. pinniger), chilipepper (S. goodei), cowcod (S. levis), dusky rockfish (S. ciliatus), flag rockfish (S. rubrivinctus), greenblotched rockfish (S. rosenblatti), greenspotted rockfish (S. chlorostictus), greenstriped rockfish (S. elongates), harlequin rockfish (S. variegates), honeycomb rockfish (S. umbrosus), Mexican rockfish (S. macdonaldi), pink rockfish (S. eos), redstripe rockfish (S. proriger), rosethorn rockfish (S. helvomaculatus), rosy rockfish (S. rosaceus), shortbelly rockfish (S. jordani), silvergray rockfish (S. brevispinis), speckled rockfish (S. ovalis), squarespot rockfish (S. hopkinsi), starry rockfish (S. constellatus), stripetail rockfish (S. saxicola), tiger rockfish (S. nigrocinctus), vermilion rockfish (S. miniatus), widow rockfish (S. entomelas), yelloweye rockfish (S. ruberrimus), yellowtail rockfish (S. flavidus) (4) "Slope Rockfish" which means the following species of rockfish: aurora rockfish (Sebastes aurora), bank rockfish (S. rufus), blackgill rockfish (S. melanostomus), darkblotched rockfish (S. crameri), Pacific ocean perch (S. alutus), redbanded rockfish (S. babcocki), rougheye rockfish (S. aleutianus), sharpchin rockfish (S. zacentrus), shortraker rockfish (S. borealis), splitnose rockfish (S. diploproa), yellowmouth rockfish (S. reedi) (5) "Sharks", including only leopard shark (Triakis semifasciata), soupfin shark (Galeorhinus zyopterus), and spiny dogfish (Squalus acanthias) (6) "Skates", including only big skate (Raja binoculata), California skate (R. inornata), and longnose skate (R. rhina) (7) "Roundfish", including only cabezon (Scorpaenichthys marmoratus), kelp greenling (Hexagrammos decagrammus), lingcod (Ophiodon elongates), Pacific cod (Gadus macrocephalus), Pacific whiting (Merluccius productus), and sablefish (Anoplopoma fimbria) (8) "Thornyheads", which means longspine thornyhead (Sebastolobus altivelis), and shortspine thornyhead (Sebastolobus alascanus) (9) "Federally Managed Flatfish", including only arrowtooth flounder (arrowtooth turbot) (Atheresthes stomias), Dover sole (Microstomus pacificus), English sole (Parophrys vetulus), and petrale sole (Eopsetta jordani). (10) "Other Flatfish", including only butter sole (Isopsetta isolepis), curlfin sole (Pleuronichthys decurrens), flathead sole (Hippoglossoides elassodon), Pacific sanddab (Citharichthys sordidus), rex sole (Glyptocephalus zachirus), rock sole (Lepidopsetta bilineata), sand sole (Psettichthys melanostictus) and starry flounder (Platichthys stellatus). (11) "Other fish", including only ratfish (Hydrolagus colliei), finescale codling (Antimora microlepis), and Pacific rattail (Coryphaenoides acrolepis) (12) All genera and species of the family Scorpaenidae that occur off California and not specifically listed in (a)(1) through (a)(4) or (a)(8) above are included in the list of species. (b) "RCG Complex" means all species of rockfish (Sebastes), cabezon (Scorpaenichthys marmoratus), and kelp and rock greenlings (genusHexagrammos). Note: Authority cited: Sections 200, 202, 7071 and 8587.1, Fish and Game Code. Reference: Sections 205, 7071 and 8586, Fish and Game Code. s 1.92. Transgenic. Genetically altered by introducing DNA (1) from another species or (2) through engineered endogenous constructs by means such as but not limited to recombinant DNA and RNA techniques to produce, gene addition, deletion, and doubling, or changing the position of the gene. This definition excludes DNA vaccines, individuals produced by the techniques of whole genome ploidy manipulation, and hybridization between closely related species, as in traditional hybridization. Note: Authority cited: Sections 200, 202, 205, 210 and 220. Reference: Sections 200-202, 205, 206, 210 and 220. s 1.93. Weight. Any object directly or indirectly attached to a fishing line with the purpose of casting or sinking a lure or bait. Note: Authority cited: Sections 200, 202, 205, 210 and 220, Fish and Game Code. Reference: Sections 200, 202, 205, 206, 209, 210, 215 and 220, Fish and Game Code. s 2.00. Fishing Methods -General. All fish may be taken only by angling with one closely attended rod and line or one hand line with not more than three hooks nor more than three artificial lures (each lure may have three hooks attached) attached thereto. Anglers in possession of a valid two-rod stamp and anglers under 16 years of age may use up to two rods in lakes, reservoirs and the Colorado River District. See District Trout, Salmon and Special regulations for exceptions. Note: Authority cited: Sections 200, 202, 205, 219 and 220, Fish and Game Code. Reference: Sections 200, 202, 206 and 220, Fish and Game Code. s 2.01. Limits on Weights and Hook Spacing. Note: Authority cited: Sections 200, 202, 205 and 215, Fish and Game Code. Reference: Sections 200 and 206, Fish and Game Code. s 2.02. Fishing Methods -North Coast District. Note: Authority cited: Sections 200, 202, 205 and 220, Fish and Game Code. Reference: Sections 200, 202, 205, 206 and 220, Fish and Game Code. s 2.03. Special Upper Sacramento River Gear Restrictions. Note: Authority cited: Sections 200, 202, 205 and 220, Fish and Game Code. Reference: Sections 200, 205 and 206, Fish and Game Code. s 2.04. Fishing Methods -Special Provisions. Note: Authority cited: Sections 200, 202, 205 and 220, Fish and Game Code. Reference: Sections 200, 202, 205, 206 and 220, Fish and Game Code. s 2.05. Fishing Methods -General. Note: Authority cited: Sections 200, 202, 205, 219 and 220, Fish and Game Code. Reference: Sections 200-202, 203.1, 205-210 and 215-222, Fish and Game Code. s 2.06. Use of Gaffs. No person shall possess or use a gaff in inland waters, except that a gaff three feet or less in length may be used to land legal-sized fish only by anglers fishing from a boat in the Sacramento River main stem below Deschutes Road Bridge. Note: Authority cited: Sections 200, 202, 205 and 220, Fish and Game Code. Reference: Sections 200, 202, 205, 206 and 5507, Fish and Game Code. s 2.07. Underwater Viewing Devices. Note: Authority cited: Sections 200, 202, 205 and 220, Fish and Game Code. Reference: Sections 200, 202, 205, 206 and 220, Fish and Game Code. s 2.08. Special Fishing Methods and Bag Limits -Barrett and Upper Otay Lakes, San Diego County. The following fishing methods restrictions and bag limits apply to Barrett Lake and Upper Otay Lake: (a) Only artificial lures with barbless hooks may be used. (b) The bag limit for all species is zero. Note: Authority cited: Sections 200, 202, 205, 215 and 220, Fish and Game Code. Reference: Sections 200, 202, 205, 206 and 220, Fish and Game Code. s 2.09. Possession of Illegal Gear. Except as otherwise provided, no person shall use or possess, except in his or her home, any landing gear, any nets, except standard landing-type dip nets not exceeding 36 inches in greatest dimension, excluding handle, gaffs or spears within 100 yards of any river, stream, lake or reservoir. Non-electronic underwater viewing devices may not be used for taking fish except under the provisions of Section 2.30. Note: Authority cited: Sections 200, 202, 205 and 220, Fish and Game Code. Reference: Sections 200, 202, 205, 206 and 220, Fish and Game Code. s 2.10. Hook and Weight Restrictions. (a) Definition of Gap: For the purposes of this section, "gap" means the distance measured from the point of a hook to the shank. (b) Maximum Gaps and Gear Rigging for Rivers and Streams unless otherwise provided (does not apply to lakes and reservoirs, the Sacramento-San Joaquin Delta (see Section 1.71 for definition of the Delta), and the Colorado River. 1. No person shall use any single hook with a gap greater than 1 inch or any multiple hook with a gap greater than 3/4 inch. 2. It is unlawful to use any hook which is directly or indirectly attached closer than 18 inches to any weight exceeding 1/2 ounce. 3. It is unlawful to use any multiple hook or more than one single hook on non-buoyant lures exceeding one ounce. 4. It is unlawful to use any weight directly attached below a hook. (c) Maximum Gaps for the Sacramento-San Joaquin Delta (see Section 1.71 for definition of the Delta). 1. No person shall use any single hook with a gap greater than 1 inch or any multiple hook with a gap greater than 3/4 inch. Note: Authority cited: Sections 200, 202, 205 and 220, Fish and Game Code. Reference: Sections 200, 202, 205 and 220, Fish and Game Code. s 2.11. Special Fishing Methods -Lake County. (a) In Clear Lake and its tributaries, hitch may be taken by hand or hand-held dip net. (b) No barriers or weirs may be constructed to herd fish. (c) All hitch are to be utilized and not left as waste. (d) All fish taken by hand or net other than hitch must be immediately returned live to the water. No other fish may be possessed along with hitch as part of a mixed bag. Note: Authority cited: Sections 200, 202 and 210, Fish and Game Code. Reference: Sections 200, 202, 205 and 210, Fish and Game Code. s 2.12. Special Fishing Methods -Shasta County. (a) In all waters of the Fall River Valley downstreams from Thousand Springs Road, in the Pit River from the confluence with the Fall River downstream to Lake Britton, and in Hat Creek from Hat No. 2 Powerhouse downstream to Lake Britton, western suckers may be taken by hand or hand-thrown spears only by enrolled members of the Pit River Tribe. (b) Open Season: January 1 through April 15. (c) No fish other than western suckers may be speared, and all fish other than western suckers captured by hand must be immediately returned live to the water. (d) No other fish may be possessed along with western suckers as part of a mixed bag. Note: Authority cited: Sections 200, 202, 205 and 210, Fish and Game Code. Reference: Sections 200, 202 and 205-210, Fish and Game Code. s 2.13. Special Net Restriction -Santa Clara and Santa Cruz Counties. Note: Authority cited: Sections 200, 202, 205 and 210, Fish and Game Code. Reference: Sections 200, 202 and 205, 206, 209 and 210, Fish and Game Code. s 2.14. Special Fishing Methods -San Joaquin River. Note: Authority cited: Sections 200, 202, 205 and 215, Fish and Game Code. Reference: Sections 200, 205, 206 and 215, Fish and Game Code. s 2.15. Use of Lights. Lights may be used when fishing at night when and where such fishing is permitted. Lights may be used on or as part of any fishing tackle (this supersedes Section 2005 of the Fish and Game Code). Note: Authority cited: Sections 200, 202, 205, 210, 219, 220 and2005, Fish and Game Code. Reference: Sections 200-202, 203.1, 205, 210, 215-222 and 2005, Fish and Game Code. s 2.20. Fishing Beneath Ice. Fish may be taken beneath the ice during the open season for that water. Note: Authority cited: Sections 200, 202, 205 and 220, Fish and Game Code. Reference: Sections 200 and 206, Fish and Game Code. s 2.25. Bow and Arrow Fishing. Bow and arrow fishing is permitted only for the taking of carp, goldfish, western sucker, Sacramento blackfish, hardhead, Sacramento squawfish and lamprey, all year, except in: (a) Designated salmon spawning areas. (b) The Colorado River District where only carp, tilapia, goldfish and mullet may be taken. (c) See bullfrogs (Section 5.05). (d) Waters listed in Section 2.04. (e) The East Fork Walker River between Bridgeport Dam and the Nevada State line where carp only may be taken during trout season. Note: Authority cited: Sections 200, 202, 205, 210, 219 and 220, Fish and Game Code. Reference: Sections 200-202, 203.1, 205-210 and 215-222, Fish and Game Code. s 2.30. Spearfishing. Spearfishing is permitted only in: (a) The Colorado River District for carp, goldfish and mullet, all year. (b) The Valley District for carp, tilapia, goldfish, western sucker, Sacramento blackfish, hardhead, Sacramento squawfish and lamprey, from May 1 through September 15, except that no spearfishing is permitted in: (1) Shasta and Tehama counties (see Section 2.12). (2) Butte Creek (Butte Co.). (3) Feather River below Oroville Dam (Butte Co.). (4) Designated salmon spawning areas. (c) The Kern River from the Kern-Tulare county line upstream to the Johnsondale Bridge for carp, goldfish, western sucker, hardhead and Sacramento squawfish, from May 1 through September 15. (d) See bullfrogs (Section 5.05). Note: Authority cited: Sections 200, 202, 205 and 210, Fish and Game Code. Reference: Sections 200, 202, 205 and 210, Fish and Game Code. s 2.35. Taking Fish near Dams, Fishways, Screens and Egg-Taking Stations. No fish may be taken within 250 feet of: (a) Any fishway or any egg-taking station. (b) Any dam or any weir or rack which has a fishway or an egg-taking station. (c) The upstream side of any fish screen. Fish may be taken upstream or downstream from any dam that does not have a fishway or egg-taking station (this supersedes Section 5502 of the Fish and Game Code). Note: Authority cited: Sections 200, 202, 205, 210, 219 and 220, Fish and Game Code. Reference: Sections 200-202, 203.1, 205, 210 and 215-222, and 5502, Fish and Game Code. s 2.40. Chumming. Chumming is permitted only in: (a) The Colorado River District, but only the approved bait fishes for this District may be used as chum (see Section 4.15) except in the Salton Sea where corn may also be used. (b) Carquinez Strait and Suisun Bay and their tributaries and saltwater tributaries. (c) Sacramento River and tidewater of tributaries downstream from Interstate 80 bridge. (d) San Joaquin River and tidewater of tributaries downstream from Interstate 5 bridge. Note: Authority cited: Sections 200, 202, 205, 210, 219 and 220, Fish and Game Code. Reference: Sections 200-202, 203.1, 205, 210 and 215-222, Fish and Game Code. s 2.45. Computer Assisted Remote Fishing. (a) It is unlawful to take or assist in the taking of any fish in or from this state, by computer-assisted remote fishing. (b) It is unlawful to establish or operate a computer-assisted remote fishing site for the purpose of taking any fish from or within this state. (c) For the purposes of this section, "computer-assisted remote fishing" means the use of a computer or any other remotely controlled device, equipment, software, or technology, to remotely control the aiming or discharge of any weapon, including, but not limited to, any firearm, bow and arrow, spear, harpoon or any other weapon capable of killing or injuring any fish, for the purposes of taking any fish. (d) For the purposes of this section, "computer-assisted remote fishing site" means any computer, internet site or web-based device or system, or other electronically operated site or system used to assist in the remote taking fish. Note: Authority cited: Sections 200, 202 and 205, Fish and Game Code. Reference: Sections 200, 202 and 205, Fish and Game Code. s 3.00. Fishing Hours. (a) Day Defined: One hour before sunrise to one hour after sunset. Remaining hours are night. (b) All fish may be taken day or night, except as follows: (1) WATERS WITH RESTRICTED FISHING HOURS FOR ALL SPECIES: (A) American River between Business 80 and Nimbus Dam (Sacramento Co.): Night fishing prohibited. (B) Heenan Lake, (Alpine Co.): See section 7.50(b)(76)(A). (C) Mono County: Night fishing is prohibited in all Mono County waters except Topaz Lake, where fishing is prohibited from two hours after sunset to one hour before sunrise. (D) Tahoe Lake (Placer and El Dorado Cos.): Fishing is prohibited from two hours after sunset to one hour before sunrise. (2) WATERS WHERE NIGHT NO FISHING HOURS AND DAY FISHING IS ALLOWED, RESTRICTIONS AT BUT NO TROUT OR SALMON MAY LAKES LISTED BE TAKEN AT NIGHT: BELOW: (A) North Coast District (B) North Central District, all waters Berryessa Lake (Napa Co.) and except those (waters) listed to the Mendocino Lake (Mendocino Co.) right. " (C) South Central District, all waters Coyote Lake (Santa Clara Co.) except those (waters) listed to the right. " (D) Valley District, north of Interstate 80, Camp Far West Lake (Nevada, all waters except those listed Placer, and Yuba cos.), Collins to the right. " Lake (Yuba Co.), Oroville Lake (Butte Co.) and Wildwood Lake (Nevada Co.) (E) Shasta, Siskiyou, Lassen, and Tehama counties. Also, see Section 27.56. Note: Authority cited: Sections 200, 202, 205, 215, 220 and 240, Fish and Game Code. Reference: Sections 200, 205 and 206, Fish and Game Code. s 4.00. Bait -General. Legally acquired and possessed invertebrates, mollusks, crustaceans, amphibians (except salamanders), fish eggs and treated and processed foods may be used for bait, except: (a) No species specified as endangered, threatened, candidate, fully-protected, or otherwise protected under state and federal law may be used as bait. (b) No salamander may be used as bait. See section 5.05 for other amphibians that may be used as bait. (c) See Section 5.35 for restrictions on crayfish; (d) See Section 7.50(b)(74) for restriction on bait collecting on Hat Creek; (e) No trout may be maintained or possessed in a live condition in any container on or attached to any boat; (f) Except for restrictions listed under special regulations, dead ocean fish may be used as bait statewide. This section supersedes the provisions of sections 4.10, 4.15, 4.20, 4.25 and 4.30. Note: Authority cited: Sections 200, 202 and 205, Fish and Game Code. Reference: Sections 200-202, 205, 5504 and 5505, Fish and Game Code. s 4.05. Bait Fish Capture Methods. (a) Approved bait fish may be taken only by hand, with a dip net, or with traps not over three feet in greatest dimension. Such bait fish may not be purchased, bartered, sold, transferred or traded; or transported alive from the location where taken. Any other species taken shall be returned to the water immediately. Traps need not be closely attended. Dip net use: A dip net must be hand held, and the motion of a dip net shall be caused only by the physical effort of the operator. A dip net may not be moved through the water by any mechanical force or motorized device. (b) Within the area bounded by Highway 111 on the north and east and Highway 86 on the west and south, approved bait fish may be taken only with dip nets with diagonal mesh size one inch and greater, or by traps in water greater than four feet in depth. Traps may not exceed three feet in greatest dimension. Approved bait fish may not be taken by hand within this area. Note: Authority cited: Sections 200, 202, 205 and 210, Fish and Game Code. Reference: Sections 200, 202, 206 and 5505, Fish and Game Code. s 4.10. Bait Fish Use in the Southern District. Except as provided below, live or dead fin fish shall not be used or possessed for use as bait in the Southern District: (a) Dead threadfin shad and live or dead longjaw mudsucker may beused in all Southern District waters. (b) Live threadfin shad may be used only at the location where taken. (c) Golden shiner and red shiner may be used in San Diego County. Note: Authority cited: Sections 200, 202, 205 and 215, Fish and Game Code. Reference: Sections 200, 202, 205 and 206, Fish and Game Code. s 4.15. Bait Fish Use in the Colorado River District. Except as provided below, live or dead fin fish shall not be used or possessed for use as bait in the Colorado River District: (a) Live or dead golden shiner, fathead minnow, red shiner, mosquitofish, longjaw mudsucker, threadfin shad, goldfish, sunfish, molly, and dead carp may be used in all Colorado River District waters. (b) Live carp may be used only at the location where taken. (c) Tilapia may be used in the Salton Sea, and may be taken for bait only within the area bounded by Highway 111 on the north and east and Highway 86 on the west and south (except as in subsection (d) below). (d) Tilapia may be taken and used for bait in the Colorado River and its associated backwaters only within the area bounded by Palo Verde Diversion Dam south to the Morelos Dam. Note: Authority cited: Sections 200, 202, 205 and 215, Fish and Game Code. Reference: Sections 200, 202 and 206, Fish and Game Code. s 4.20. Bait Fish Use in the Valley and South CentralDistricts. Except as provided below, live or dead fin fish shall not be used or possessed for use as bait in the Valley or South Central District: (a) Live or dead golden shiner, fathead minnow, mosquitofish, longjaw mudsucker, and staghorn sculpin, and dead threadfin shad, Mississippi silverside and lamprey may be used in all Valley and South CentralDistrict waters except those listed in subsection (f) below. (b) Red shiner may be used only in the Valley District north of Interstate 580 and Highway 132. (c) Yellowfin gobies may be used in the Valley District only in thoseareas described in subsections (d)(1)-(3) below. (d) In addition, except for trout and salmon, fin fish lawfully taken inthe following waters by angling or with bait fish methods approved inSection 4.05 may be used only in the waters where taken: (1) Carquinez Strait and Suisun Bay and their tributaries and saltwatertributaries. (2) Sacramento River and tidewater of tributaries downstream fromthe Highway 32 bridge near Hamilton City, Feather River downstreamfrom the Oroville Hatchery Fish Barrier Dam, Yuba River downstreamfrom Daguerre Point Dam, and American River downstream from Nimbus Dam. (3) San Joaquin River and tidewater of tributaries downstream fromInterstate 5 bridge. (e) Live threadfin shad, Mississippi silverside and lamprey may beused only at the location where taken. (f) Fin fish may not be used in Keller Lake (Glenn Co.), Letts Lake(Colusa Co.), Merced Lake (San Francisco Co.), Upper and Lower Plaskett Meadow Ponds (Glenn Co.), Whale Rock Reservoir (San Luis Obispo Co.). Note: Authority cited: Sections 200, 202, 205 and 215, Fish and Game Code. Reference: Sections 200, 202, 205 and 206, Fish and Game Code. s 4.25. Bait Fish Use in the North Central District. Except as provided below, live or dead fin fish shall not be used or possessed for use as bait in the North Central District: (a) Golden shiner, fathead minnow, red shiner, mosquitofish, longjawmudsucker and staghorn sculpin may be used in Napa and Sonoma counties, in Marin County except for Stafford Lake, in Lake County exceptfor the Eel River and its tributaries, and in Lake Mendocino (MendocinoCo.). (b) Live threadfin shad, Mississippi silverside and lamprey may beused only at the location where taken. Note: Authority cited: Sections 200, 202, 205 and 215, Fish and Game Code. Reference: Sections 200, 202, 205 and 206, Fish and Game Code. s 4.30. Bait Fish Use in the Sierra and North CoastDistricts. Except as provided below, live or dead fin fish shall not be used or possessed for use as bait in the Sierra and North Coast Districts. (a) In Donner, Fallen Leaf and Tahoe lakes Lahontan redside, tui chub,Tahoe sucker, Lahontan speckled dace, mountain sucker and Paiute sculpin may be used only in the same lake where taken. (b) In Shasta Lake only golden shiner, red shiner, fathead minnows,mosquitofish and threadfin shad may be used or possessed for use as bait. (c) Crayfish shall not be used for bait in the Pit River and all tributariesbetween Pit 3 Dam (Lake Britton) and the Fall River-Cassel Road Bridgeat Fall River Mills, California (includes Hat Creek and Fall River andtheir tributaries). Note: Authority cited: Sections 200, 202, 205, 215 and 220, Fish and Game Code.Reference: Sections 200, 202, 205 and 206, Fish and Game Code. s 5.00. Black Bass. It is unlawful to take or possess black bass except as provided below: (Note: Some waters are closed to all fishing under Section 7.50.) (a) General Statewide Restrictions: (1) Lakes/Reservoirs and the Sacramento-San Joaquin Delta: The following waters, except for those listed in subsection (b) Special Regulations (below), are open to fishing all year, with a 12-inch minimum size limit and a five-fish daily bag limit: All lakes and reservoirs in the State, and the Sacramento-San Joaquin River Delta, (see Section 1.71 for definition of the Delta). (2) Rivers/Streams and Private Ponds: Rivers, streams, canals, and lakes or ponds entirely on private lands, which are not listed in subsection (b) Special Regulations (below), are open all year with no size limit and a five-fish daily bag limit. (b) Special Regulations: Counties and individual waters listed below are those having regulations different from the General Statewide Restrictions in subsection (a) above). Area or Body of Water Open Size (total length) Bag Season Limit DISTRICTS AND COUNTIES WITH SPECIAL REGULATIONS (1) Colorado River District: All year. 13-inch minimum. 6 All waters (Bag and size limits conform with Arizona regulations.) (2) Inyo County: all streams, All year. 12-inch minimum. 5 in addition to the lakes. Lakes are also covered by the (a)(1) General Statewide Restrictions above. (Also, see the special regulation for Haiwee Reservoir.) (3) Lassen County: all waters. All year. No size limit. 5 (4) Modoc County: all waters All year. No size limit. 10 except Dorris and Sage Reservoirs (see (a)(1) General Statewide Restrictions (above) for these two lakes). (5) Mono County: all waters. All year. No size limit. 5 (6) Plumas County: all waters. All year. No size limit. 5 (7) Shasta County: all lakes All year. No size limit. 5 except Big, Britton, Shasta and Whiskeytown lakes (see subsection (a)(1) above for these four lakes). INDIVIDUAL BODIES OF WATER WITH SPECIAL REGULATIONS (8) Barrett Lake (San Diego All year. No black bass shall be 0 County). possessed. (Also see Section 2.08) (9) Casitas Lake (Ventura All year. 12-inch minimum. 5 County). No more than one over 22 inches. (10) Castaic Lake (Los All year. 18-inch minimum. 2 Angeles County). (11) Cuyamaca Lake (San All year. No size limit. 5 Diego County). No smallmouth bass shall be possessed. (12) Diamond Valley Lake, All year. Largemouth bass 5 (Riverside County) 15-inch minimum No smallmouth 0 bass shall be possessed (13) Eastman Lake (Madera All year. 22-inch minimum. 1 and Mariposa Cos.) (Note: See Section 7.50(b)(62) for special area closures). (14) El Capitan Reservoir All year. 15-inch minimum. 5 (San Diego County). (15) Fish Slough (Mono All year. No size limit. 5 County), except the fenced portions of Fish Slough within Owens Valley Native Fishes Sanctuaries and BLM Spring, which are closed to all fishing all year. (16) Haiwee Reservoir All year. 12-inch minimum. 2 (Inyo County). (17) Hensley Lake (Madera All year. 15-inch minimum. 2 County). (18) Hodges Lake (San Diego All year. 15-inch minimum. 5 County). (19) Isabella Lake (Kern All year. 15-inch minimum. 2 County). (20) Kaweah Reservoir (Tulare All year. 15-inch minimum. 2 County). (21) Lett's Lake (Colusa All year. No size limit. 5 County). (22) McClure Reservoir All year. None between 12 5 (Mariposa County). and 15 inches. (23) Millerton Reservoir All year. None between 12 5 (Fresno and Madera and 15 inches. counties). (24) Oroville Lake (Butte All year. None between 12 and 15 5 County). inches. (25) Orr Lake (Siskiyou All year. None between 12 and 15 5 County). inches (26) Plaskett Meadows lakes, All year. No size limit. 5 upper and lower (Glenn County). (27) Shaver Lake (Fresno All year. No size limit. 5 County). (28) Silverwood Lake (San All year. 15-inch minimum. 2 Bernardino County). (29) Siskiyou Lake (Siskiyou All year. None between 12 5 County). and 15 inches. (30) Skinner Lake (Riverside All year. 15-inch minimum. 2 County). (31) Success Reservoir (Tulare All year. 15-inch minimum. 2 County). (32) Trinity Lake (Trinity 1: March 1 12-inch minimum. 2 County). through May 31 2: June 1 12-inch minimum. 5 through Feb. 29 (33) Trout Lake (Siskiyou Only 22-inch minimum. 1 (County). weekends Only artificial lures and may be used. Wednesdays from the last Saturday in April through Sept. 30. (34) Upper Otay Lake All year. No black bass shall be 0 (San Diego County). possessed. (Also see Section 2.08). Note: Authority cited: Sections 200, 202, 205, 215 and 220, Fish and Game Code. Reference: Sections 200, 205 and 206, Fish and Game Code. s 5.05. Amphibians. (a) Only the following amphibians may be taken under the authority of a sportfishing license, subject to the restrictions in this section. No amphibians may be taken from ecological reserves designated by the commission in Section 630 or from state parks, or national parks or monuments. (1) Pacific giant salamander ( Dicamptodon tenebrosus) (2) California giant salamander ( Dicamptodon ensatus) (3) Southern Seep (Torrent) Salamander ( Rhyacotriton variegatus) (4) Rough-skinned newt ( Taricha granulosa) (5) California newt ( Taricha torosa) (6) Red-bellied newt ( Taricha rivularis) (7) Northwestern salamander ( Ambystoma gracile) (8) Long-toed salamander ( Ambystoma macrodactylum), except Santa Cruz long-toed salamander ( Ambystoma macrodactylum croceum) (9) Black salamander ( Aneides flavipunctatus) (10) Clouded salamander ( Aneides ferreus) (11) Arboreal salamander ( Aneides lugubris) (12) California slender salamander ( Batrachoseps attenuatus): See Special Closure (f)(1) (13) Pacific slender salamander ( Batrachoseps pacificus): See Special Closure (f)(1) (14) Relictual slender salamander ( Batrachoseps relictus): See Special Closure (f)(1) (15) Dunn's salamander ( Plethodon dunni) (16) Ensatina salamander ( Ensatina eschscholtzii) (17) Western toad ( Bufo boreas) (18) Woodhouse's toad ( Bufo woodhouseii) (19) Red-spotted toad ( Bufo punctatus) (20) Great Plains toad ( Bufo cognatus) (21) Great Basin spadefoot toad ( Scaphiopus (Spea) intermontana) (22) Couch's spadefoot toad ( Scaphiopus (Spea) couchii) (23) California chorus frog ( Pseudacris (Hyla) cadaverina) (24) Pacific chorus frog ( Pseudacris (Hyla) regilla) (25) Northern leopard frog ( Rana pipiens) (26) Southern leopard frog ( Rana yutricularia) (27) Rio Grande leopard frog ( Rana berlandieri) (28) Bullfrog ( Rana catesbeiana) (b) Open season: All year. The season closures in Chapter 3 (District Trout and Salmon District General Regulations and Special Regulations) do not apply to fishing for amphibians with methods other than hook and line (see sections 7.00 and 7.50(a)(2)). (c) Limit: The daily bag and possession limit for each of the amphibian species listed in subsection (a), above, is four except for bullfrogs, which have no daily bag or possession limit. (d) Hours: Amphibians may be taken at any time of day or night. (e) Methods of take: (1) Amphibians may be taken only by hand, hand-held dip net, or hook and line, except bullfrogs may also be taken by lights, spears, gigs, grabs, paddles, bow and arrow, or fishing tackle. (2) It is unlawful to use any method or means of collecting that involves breaking apart of rocks, granite flakes, logs, or other shelters in or under which amphibians may be found. (f) Special closures: (1) No slender salamanders ( Batrachoseps spp.) may be taken from Inyo and Mono counties and from the Santa Rosa Mountains, Riverside County. Note: Authority cited: Sections 200, 202, 205, 210, 219 and 220, Fish and Game Code. Reference: Sections 200-202, 203.1, 205-210 and 215-222, Fish and Game Code. s 5.10. Candlefish or Eulachon. (a) Open season: All year, except for closures listed under special regulations. (b) Limit: Twenty-five pounds. (c) Methods of take: Candlefish may be taken with dip nets. Note: Authority cited: Sections 200, 202, 205, 210, 219 and 220, Fish and Game Code. Reference: Sections 200-202, 203.1, 205-210 and 215-222, Fish and Game Code. s 5.15. Catfish and Bullheads. (a) Open season: All year, except for closures listed under special regulations. (b) Limit: Bullheads, no limit; all other catfish, no limit, except as follows: BODY OR BODIES OF WATER BAG LIMIT (1) All waters of the Colorado River District: Also see subsection (c) below. 10 (2) All waters of the Southern District not listed below: 10 (3) Alameda County: Alameda Creek Quarry Ponds. 5 Chabot Lake. 5 Cull Canyon Lake. 5 Del Valle Reservoir. 5 Don Castro Lake. 5 Jordan Lake. 5 Shadow Cliffs Lake. 5 Temescal Lake. 5 BODY OR BODIES OF WATER BAG LIMIT (4) Contra Costa County: Contra Loma Lake. 5 Lafayette Lake. 10 San Pablo Lake. 5 (5) Inyo County: All waters 10 (6) Los Angeles County: Alondra County Park Lake. 5 Belvedere Park Lake. 5 Cerritos Regional Park Lake. 5 Earvin "Magic" Johnson County Park Lake. 5 John Anson Ford Park Lake. 5 Kenneth Hahn Regional Park Lake. 5 La Mirada Regional Park Lake. 5 (7) Mono County: All waters 10 (8) San Bernardino County: Cucamonga-Gusti Regional Park Lakes. 5 Glen Helen Regional Park Lakes. 5 Gregory Lake. 5 Mojave Narrows Regional Park. 5 Prado Regional Park Lakes. 5 Yucaipa Regional Park Lakes. 5 (9) San Diego County: All Waters except Barrett and Upper Otay lakes 5 Barrett Lake. 0 Upper Otay Lake. 0 (10) San Joaquin County: Oak Grove Regional Park Lake in Stockton 10 (11) Santa Clara County: All waters 5 (c) Carcasses: In the Colorado River and its backwaters, the carcasses of all catfish and bullheads imported, possessed or transported must have either the head, tail or skin attached so that the species can be identified and numbers can be determined until such fish are being prepared for immediate consumption. Note: Authority cited: Sections 200, 202, 205, 215, 220 and 240, Fish and Game Code. Reference: Sections 200, 202, 205 and 206, Fish and Game Code. s 5.20. Clams, Freshwater. (a) Open season: All year, except for closures listed under special regulations. (b) Limit: Fifty pounds (in the shell). (c) Methods of take: Freshwater clams may be taken only by hand, or by spade, shovel, hoe, rake or other appliance operated by hand. (d) The season closures in Chapter 3 (District Trout and Salmon Special Regulations) do not apply to freshwater Clam fishing (see sections 7.00 and 7.50(a)(2)). Note: Authority cited: Sections 200, 202, 205, 210, 219 and 220, Fish and Game Code. Reference: Sections 200-202, 203.1, 205-210 and 215-222, Fish and Game Code. s 5.25. Corvina in the Salton Sea. (a) Open season: All year. (b) Bag limit: Two. (c) Possession Limit: Four. (d) Minimum size limit: 18 inches total length. Note: Authority cited: Sections 200, 202, 205, 215 and 220, Fish and Game Code. Reference: Sections 200, 202, 205, 210, 215, 2930, 2931 and 2932, Fish and Game Code. s 5.26. Gulf Croaker and Sargo in the Salton Sea. (a) Open season: All year. (b) Daily bag limit: Six each species. (c) Possession limit: 12 each species. (d) Size limit: None. Note: Authority cited: Sections 200, 202, 205, 215 and 220, Fish and Game Code. Reference: Sections 200, 202, 205, 210, 215, 2930, 2931 and 2932, Fish and Game Code. s 5.30. Crappie. (a) Open season: All year, except for closures listed under special regulations. (b) Bag Limit: Twenty-five, except in: (1) Barrett and Upper Otay Lakes (San Diego Co.) where the bag limit is zero for all species (See Section 2.08), and (2) Eastman Lake (Madera Co.) where only 25 crappie and sunfish, all species combined, may be taken per day. (See Section 5.82.) (c) Size Limit: No size limit, except at Hodges and El Capitan Lakes (San Diego County), where the minimum size limit is 10 inches, total length. Note: Authority cited: Sections 200, 202, 205, 219, 220 and 240, Fish and Game Code. Reference: Sections 200, 202, 205, 206, 215 and 220, Fish and Game Code. s 5.35. Crayfish. (a) Open season: All year, except for closures listed in subsection (d) of this Section. (b) Limit: No limit. (c) Methods of take: Crayfish may be taken only by hand, hook and line, dip net or with traps not over three feet in greatest dimension. Any other species taken shall be returned to the water immediately. Traps need not be closely attended. (d) Closures for Protection of Shasta Crayfish: Fall River upstream of Spring Creek Bridge, Lava Creek, Tule River and all connected waters upstream of Little Tule River, Sucker Springs Creek, Crystal Lake, Rising River and Rising River Lake are closed to take and possession of crayfish. (See Section 4.30 for prohibition against crayfish use for bait in sections of the Pit River). (e) The season closures in Chapter 3 (District Trout and Salmon Special Regulations) do not apply to crayfish fishing with methods other than hook and line (see sections 7.00 and 7.50(a)(2)). Note: Authority cited: Sections 200, 202, 205, 215 and 8491, Fish and Game Code. Reference: Sections 200, 202, 205, 206, 8490 and 8491, Fish and Game Code. s 5.37. Grass Carp. No grass carp may be taken or possessed at any time, except that any grass carp inadvertently taken must be immediately returned unharmed to the water. FIN FISH -GEAR RESTRICTIONS Note: Authority cited: Sections 200, 202, 205 and 220, Fish and Game Code. Reference: Sections 200 and 205, Fish and Game Code. s 5.40. Lamprey. (a) Open season: All year, except for closures listed under special regulations. (b) Limit: No limit. (c) Methods of take: Lamprey may be taken only by hand, hook, spear, bow and arrow fishing tackle, dip net or traps not over three feet in greatest dimension. Any other species taken shall be returned to the water immediately. Traps need not be closely attended. (d) The season closures in Chapter 3 (District Trout and Salmon Special Regulations) do not apply to lamprey fishing with methods other than hook and line (see sections 7.00 and 7.50(a)( 2 )). Note: Authority cited: Sections 200, 202, 205 and 210 Fish and Game Code. Reference: Sections 200, 202, and 205-210, Fish and Game Code. s 5.45. Marine Fin Fish, Mollusks and Crustaceans. Marine fin fish, mollusks and crustaceans taken in lagoons and tidal waters are subject to the bag and possession limits established for the Ocean and San Francisco Bay District (beginning with Section 27.00). Note: Authority cited: Sections 200, 202, 205, 210, 219 and 220, Fish and Game Code. Reference: Sections 200-202, 203.1, 205-210 and 215-222, Fish and Game Code. s 5.50. Mountain Whitefish. (a) Open season: No mountain whitefish may be taken in any water except when trout may be taken in such water. (b) Limit: Five. Note: Authority cited: Sections 200, 202, 205, 210, 219 and 220, Fish and Game Code. Reference: Sections 200-202, 203.1, 205-210 and 215-222, Fish and Game Code. s 5.51. Northern Pike. No northern pike, dead or alive, may be released into any water at any time. All northern pike taken shall be killed immediately by removing the head and shall be retained by the angler. The angler shall notify the Department that he/she has taken and possesses a northern pike by calling the Department's CalTip telephone number (1-888-DFG-CALTIP) as soon as possible, but not more than 24 hours after taking the northern pike. The angler shall maintain the head and body of the fish in a refrigerated or frozen condition, whenever possible, until the Department collects the northern pike. Note: Authority cited: Sections 200, 202, 205, 220 and 240, Fish and Game Code. Reference: Sections 200, 202, 205, 220 and 240, Fish and Game Code. s 5.55. Mullet. Note: Authority cited: Sections 200, 202, 205, 210, 219 and 220, Fish and Game Code. Reference: Sections 200-202, 203.1, 205-210 and 215-222, Fish and Game Code. s 5.60. Reptiles. (a) General Provisions: Only the following reptiles may be taken under the authority of a sportfishing license, subject to the restrictions in this section. The limit for each of the species listed below is two, unless otherwise provided. Limit, as used in this section, means daily bag and possession limit. No reptiles shall be taken from ecological reserves designated by the commission in Section 630 or from state parks, or national parks or monuments. (b) No sportfishing license is required for the sport take of any rattlesnake. (1) Painted turtle ( Chrysemys picta): Limit: No limit. (2) Slider Turtle ( Pseudemys (Trachemys) scripta): Limit: No limit. (3) Spiny softshell turtle ( Trionyx spiniferus): Limit: No limit. (4) Western banded gecko ( Coleonyx variegatus) (5) Desert iguana ( Dipsosaurus dorsalis) (6) Chuckwalla ( Sauromalus obesus) (7) Zebra-tailed lizard ( Callisaurus draconoides) (8) Colorado Desert fringe-toed lizard ( Uma notata) (9) Mojave fringe-toed lizard ( Uma scoparia) (10) Desert spiny lizard ( Sceloporus magister) (11) Granite spiny lizard ( Sceloporus orcutti) (12) Western fence lizard ( Sceloporus occidentalis): Limit: Species No. 12-16 have a limit of twenty-five (25) in the aggregate (13) Sagebrush lizard ( Sceloporus graciosus): Limit: Species No. 12-16 have a limit of twenty-five (25) in the aggregate (14) Side-blotched lizard ( Uta stansburiana): Limit: Species No. 12-16 have a limit of twenty-five (25) in the aggregate (15) Western skink ( Eumeces skiltonianus): Limit: Species No. 12-16 have a limit of twenty-five (25) in the aggregate (16) Desert night lizard ( Xantusia vigilis): Limit: Species No. 12-16 have a limit of twenty-five (25) in the aggregate (17) Long-tailed brush lizard ( Urosaurus graciosus) (18) Tree lizard ( Urosaurus ornatus) (19) Small-scaled lizard ( Urosaurus microscutatus) (20) Desert horned lizard ( Phrynosoma platyrhinos) (21) Short-horned lizard ( Phrynosoma douglassii) (22) Great basin collared lizard ( Crotaphytus bicintores) (23) Banded rock lizard ( Petrosaurus mearnsi) (24) Baja California collared lizard ( Crotaphytus vestigum) (25) Long-nosed leopard lizard ( Gambelia wislizenii) (26) Gilbert's skink ( Eumeces gilberti) (27) Western whiptail ( Cnemidophorus tigris) (28) Southern alligator lizard ( Elgaria multicarinata) (29) Northern alligator lizard ( Elgaria coerulea) (30) California legless lizard ( Anniella pulchra), except black legless lizard ( Anniella pulchra nigra): Limit: One (1) (31) Rubber boa ( Charina bottae), except southern rubber boa ( Charina bottae umbratica) (32) Rosy boa ( Lichanura trivirgata) (33) Ringneck snake ( Diadophis punctatus) (34) Sharp-tailed snake ( Contia tenuis) (35) Spotted leaf-nosed snake ( Phyllorhynchus decurtatus) (36) Racer ( Coluber constrictor) (37) Coachwhip ( Masticophis flagellum), except San Joaquin Coachwhip ( Masticophis flagellum ruddocki) (38) Striped whipsnake ( Masticophis taeniatus) (39) California whipsnake (striped racer) ( Masticophis lateralis), except Alameda whipsnake ( Masticophis lateralis euryxanthus) (40) Western patch-nosed snake ( Salvadora hexalepis). (41) Glossy snake ( Arizona elegans) (42) Gopher snake ( Pituophis melanoleucus): Limit: Four (4) (43) Common kingsnake ( Lampropeltis getula): Limit: Four (4) (44) California mountain kingsnake ( Lampropeltis zonata), except San Diego mountain kingsnake (Lampropeltis zonata pulchra): Limit: One (1). Special Closure: No California mountain kingsnakes shall be taken in Orange and San Diego counties, and in Los Angeles County west of Interstate 5. (45) Long-nosed snake ( Rhinocheilus lecontei) (46) Common garter snake ( Thamnophis sirtalis), except San Francisco garter snake ( Thamnophis sirtalis tetrataenia): Special Closure: No common garter snakes shall be taken in Los Angeles, Orange, Riverside, San Diego, and Ventura counties. (47) Terrestrial garter snake ( Thamnophis elegans) (48) Western aquatic (Sierra) garter snake ( Thamnophis couchii) (49) Pacific coast aquatic garter snake ( Thamnophis atratus) (50) Northwestern garter snake ( Thamnophis ordinoides) (51) Checkered garter snake ( Thamnophis marcianus) (52) Ground snake ( Sonora semiannulata) (53) Western shovel-nosed snake ( Chionactis occipitalis) (54) California black-headed snake ( Tantilla planiceps) (55) Southwestern black-headed snake ( Tantilla hobartsmithi) (56) Lyre snake ( Trimorphodon biscutatus) (57) Night snake ( Hypsiglena torquata) (58) Western blind snake ( Leptotyphlops humilis) (c) Open season: All year. (d) Hours: Reptiles may be taken at any time of day or night. (e) Methods of take: (1) Reptiles may be taken only by hand, except as provided in subsections (d)(2) and (3) below, or by the following hand-operated devices: (A) Lizard nooses. (B) Snake tongs. (C) Snake hooks. (2) Rattlesnakes may be taken by any method. (3) Turtles may be taken by hook and line. Fishing methods described in Section 2.00 apply to the take of spiny softshell turtles, slider turtles and painted turtles. (4) It is unlawful to use any method or means of collecting that involves breaking apart of rocks, granite flakes, logs or other shelters in or under which reptiles may be found. Note: Authority cited: Sections 200, 202, 205, 210, 219 and 220, Fish and Game Code. Reference: Sections 200-202, 203.1, 205-210 and 215-222, Fish and Game Code. s 5.65. Shad, American. (a) Open season: All year, except for closures listed under special regulations. (b) Limit: Twenty-five. (c) Methods of take: Shad may be taken only by angling, except that a dip net may be used in the Valley District. Note: Authority cited: Sections 200, 202, 205, 210, 219 and 220, Fish and Game Code. Reference: Sections 200-202, 203.1, 205-210 and 215-222, Fish and Game Code. s 5.70. Spiny Softshell Turtle in the Colorado River District. Note: Authority cited: Sections 200, 202, 205, 210, 219 and 220, Fish and Game Code. Reference: Sections 200-202, 203.1, 205-210 and 215-222, Fish and Game Code. s 5.75. Striped Bass. (a) Open season: All year except for closures listed in special regulations. (b) Minimum size: 18 inches total length except in waters listed in (d) below. (c) Limit: Two, except in waters listed in (d) below. (d) Exceptions to general minimum size and bag limits: (1) In the Colorado River District, the Southern District (except Lake Elsinore which will have a limit of two and a minimum size of 18 inches in total length), and New Hogan, San Antonio and Santa Margarita lakes. (A) Limit: Ten. (B) Minimum size: No size limit. Note: Authority cited: Sections 200, 202, 205 and 215, Fish and Game Code. Reference: Sections 200, 202, 205 and 206, Fish and Game Code. s 5.80. Sturgeon. (a) Open season: All year, except for closures listed under special regulations. (b) Daily bag limit: One. (c) Size limit: No fish less than 46 inches total length or greater than 72 inches total length may be taken or possessed. (d) Methods of take: The sturgeon must voluntarily take the bait or lure in its mouth. No sturgeon may be taken by trolling, snagging or by the use of firearms. Sturgeon may not be gaffed, nor shall any person use any type of firearm to assist in landing or killing any sturgeon. (e) Special North Coast District Sturgeon Closure (Humboldt, Del Norte, Trinity and Siskiyou cos.). It is unlawful to take any sturgeon in the North Coast District at any time. Note: Authority cited: Sections 200, 202, 205 and 220, Fish and Game Code. Reference: Sections 200, 205 and 206, Fish and Game Code. s 5.81. Green Sturgeon. Note: Authority cited: Sections 200, 202, 205, 220 and 240, Fish and Game Code. Reference: Sections 200, 205 and 206, Fish and Game Code. s 5.82. Sunfish and Tilapia. (a) Open season: All year, except for closures listed under district or special regulations. (b) Limit: No limit except as follows: (1) Barrett and Upper Otay Lakes (San Diego County): zero bag limit for all species. (2) Eastman Lake (Madera Co.); No more than 25 crappie and sunfish of all species combined. (Note: See Section 5.00 for black bass regulations and Section 2.08 regarding special restrictions for Barrett and Upper Otay lakes). Note: Authority cited: Sections 200, 202, 205, 215 and 220, Fish and Game Code. Reference: Sections 200, 202, 205, 206 and 220, Fish and Game Code. s 5.85. Trout and Salmon. See Chapter 3, District Trout, Salmon and Special Regulations. Note: Authority cited: Sections 200, 202, 205, 210, 219 and 220, Fish and Game Code. Reference: Sections 200-202, 203.1, 205-210 and 215-222, Fish and Game Code. s 5.86. Hoopa and Yurak Indian Salmon Possession Limit. It is unlawful for any person to possess more than one daily bag or possession limit of fish except as follows: Eligible Hoopa Valley and Yurok Reservation Indians, as defined in Chapter 1, Part 250, Title 25, CFR -Indian Fishing, Hoopa Valley Reservation and Yurok Reservation-Department of the Interior; may possess more than two salmon outside boundaries of the Hoopa Valley Reservation, provided: (a) Such eligible Indians possess and display upon demand by any officer authorized to enforce this section their Indian Fishers identification card. (b) All fish are possessed for subsistence or ceremonial purposes and are clearly marked by removing the dorsal fin prior to transporting them from the reservation. It shall be unlawful to sell or possess for sale any salmon marked pursuant to this section. Note: Authority cited: Sections 200, 202, 205, 219, 220 and 7708, Fish and Game Code. Reference: Sections 200, 202, 205, 210, 220, 7155, 7700, 7702, 7703, 7706, 7708 and 12300, Fish and Game Code. s 5.87. Marking Requirements for Salmon Taken by Other Than Commercial Means. Note: Authority cited: Section 7708, Fish and Game Code. Reference: Sections 7700, 7702, 7703, 7706 and 7708, Fish and Game Code. s 5.90. White Bass. (a) Open season: All year. (b) Limit: No limit. No live white bass may be possessed or transported. Any white bass taken must immediately be killed by removing the head or cutting through the gills, except at Lake Nacimiento (San Luis Obispo County) where any white bass taken must immediately be released into the water or killed by removing the head or cutting through the gills. Note: Authority cited: Sections 200, 202, 205, 215 and 220, Fish and Game Code. Reference: Sections 200, 202, 205, 206, 215 and 220, Fish and Game Code. s 5.93. Fully Protected Fishes. None of the following fishes may be taken or possessed at any time: Colorado squawfish, Mohave chub, Lost River sucker, Modoc sucker, shortnose sucker, humpback sucker, Owens pupfish, unarmored threespine stickleback, rough sculpin, bonytail, Owens tui chub, Cottonball Marsh pupfish and desert pupfish. Note: Authority cited: Sections 200, 202, 205, 215, 219 and 220, Fish and Game Code. Reference: Sections 200, 202, 205, 206, 215 and 220, Fish and Game Code. s 5.95. Other Species. See Chapter 5 for reptiles and amphibians. Other species of fish may be taken in any number and at any time of the year by angling, except for closures and restrictions listed under district special regulations. Note: Authority cited: Sections 200, 202, 205, 210, 219 and 220, Fish and Game Code. Reference: Sections 200-202, 203.1, 205-210 and 215-222, Fish and Game Code. s 6.00. Definition. Note: Authority cited: Sections 200, 202, 205, 210, 219 and 220, Fish and Game Code. Reference: Sections 200-202, 203.1, 205-210 and 215-222, Fish and Game Code. s 6.05. Trout and Salmon. Note: Authority cited: Sections 200, 202, 205, 210, 219 and 220, Fish and Game Code. Reference: Sections 200-202, 203.1, 205-210 and 215-222, Fish and Game Code. s 6.07. Bear Creek Trout Restrictions (San Bernadino Co.), from Big Bear Dam to Confluence of Santa Ana River. Note: Authority: Sections 200, 202, 205 and 210, Fish and Game Code. Reference: Sections 200, 202, 205-210, Fish and Game Code. s 6.08. Big Bear Lake Tributaries Closure (San Bernadino Co.). Note: Authority: Sections 200, 202, 205 and 210, Fish and Game Code. Reference: Sections 200, 202, 205-210, Fish and Game Code. s 6.10. Deep Creek Trout Restrictions (San Bernardino Co.), Only from Headwaters at Little Green Valley to Confluence of Willow Creek. Note: Authority cited: Sections 200, 202, 205, 210, 219 and 220, Fish and Game Code. Reference: Sections 200-202, 203.1, 205-210 and 215-222, Fish and Game Code. s 6.13. Malibu Creek Trout Restrictions (Los Angeles Co.) Only from Mouth to Rindge Dam. Note: Authority cited: Sections 200, 202, 205 and 210, Fish and Game Code. Reference: Sections 205 and 210, Fish and Game Code. s 6.15. Murray Lake Closure (San Diego Co.). Note: Authority cited: Sections 200, 202, 205 and 210, Fish and Game Code. Reference: Sections 200, 202, 205, 206, 209 and 210, Fish and Game Code. s 6.20. San Gabriel River, West Fork, and Tributaries Trout Restrictions (Los Angeles Co.). Note: Authority cited: Sections 200, 202, 210, 240 and 315, Fish and Game Code. Reference: Sections 200, 202, 205, 210, 240 and 315, Fish and Game Code. s 6.25. Upper Otay Lake Closure (San Diego Co.). 1. Repealer filed 3-1-90; operative 3-1-90 (Register 90, No. 10). Note: Authority cited: Sections 200, 202, 205, 210, 219 and 220, Fish and Game Code. Reference: Sections 200-202, 203.1, 205-210 and 215-222, Fish and Game Code. s 6.30. Ventura River and Tributaries Trout Restrictions (Ventura Co.). Note: Authority cited: Sections 200, 202, 205, 210, 219 and 220, Fish and Game Code. Reference: Sections 200-202, 203.1, 205-210 and 215-222, Fish and Game Code. s 6.31. North Coast District Definition. The North Coast District consists of the inland waters of all of Trinity, Humboldt and Del Norte counties and the portion of Siskiyou County northwest of a line drawn between Mt. Eddy and the Black Butte Summit railroad crossing of Interstate 5 and west of Interstate 5 between the railroad corssing and Weed, and west of Highway 97 between Weed and the Oregon border. Note: Authority cited: Section 200, 202, 205 and 220, Fish and Game Code. Reference: Sections 200, 205 and 206, Fish and Game Code. s 6.32. North Central District Definition. The North Central District consists of the inland waters of all of Marin, Napa, Sonoma, Lake and Mendocino counties. Note: Authority cited: Sections 200, 202, 205 and 220, Fish and Game Code. Reference: Sections 200, 205 and 206, Fish and Game Code. s 6.33. South Central District Definition. The South Central District consists of the inland waters of all of Monterey, San Benito, San Francisco, San Luis Obispo, San Mateo, Santa Clara and Santa Cruz counties; all of Alameda County west of Interstate 680, and that portion of Alameda County which is both east of Interstate 680 and south of Interstate 580; all of Contra Costa County west of Interstate 80, and that portion of Contra Costa County which is both south of Highway 4 and west of Interstate 680. Note: Authority cited: Sections 200, 202, 205 and 220, Fish and Game Code. Reference: Sections 200, 205 and 206, Fish and Game Code. s 6.34. Southern District Definition. The Southern District consists of the inland waters of all of Los Angeles, Orange, San Diego, Santa Barbara and Ventura counties and those portions of Riverside and San Bernardino counties outside of the Colorado River District (see Section 6.37). Note: Authority cited: Sections 200, 202, 205 and 220, Fish and Game Code. Reference: Sections 200, 205 and 206, Fish and Game Code. s 6.35. Sierra District Definition. The Sierra District consists of all of Modoc, Lassen, Shasta, Sierra, Plumas, Alpine, Inyo and Mono counties; Tulare County east of the west boundaries of Sequoia National Forest and Sequoia National Park; Fresno County east of the west boundaries of Sierra and Sequoia National Forests (excluding Pine Flat Lake); Madera County east of the west boundary of Sierra National Forest; Mariposa, Tuolumne, Calaveras, Amador, El Dorado, Placer and Nevada counties east of Highway 49 (excluding Don Pedro, McClure and New Melones lakes); the portion of Siskiyou County southeast of a line drawn between Mt. Eddy and the Black Butte summit railroad crossing of Interstate 5 and east of Interstate 5 between the railroad crossing and Weed and east of Highway 97 between Weed and the Oregon border; and Tehama County excluding Black Butte Lake. Those waters excluded above are part of the Valley District (see Section 6.36). Note: Authority cited: Sections 200, 202, 205 and 220, Fish and Game Code. Reference: Sections 200, 205 and 206, Fish and Game Code. s 6.36. Valley District Definition. The Valley District consists of all of Butte, Colusa, Glenn, Kern, Kings, Merced, Sacramento, San Joaquin, Solano, Stanislaus, Sutter, Yolo and Yuba counties; Tulare County west of the west boundaries of Sequoia National Forest and Sequoia National Park; Fresno County west of the west boundaries of Sierra and Sequoia National Forests (including all of Pine Flat Lake); Madera County west of the west boundary of the Sierra National Forest; Amador, Calaveras, El Dorado, Mariposa, Nevada, Placer and Tuolomne counties west of Highway 49 (including all of Don Pedro, McClure and New Melones lakes); that portion of Alameda County which is both east of Interstate 680 and north of Interstate 580; and all of Contra Costa County east of Interstate 680 and that portion of Contra Costa County which is both north of Highway 4 and east of Interstate 80; and all of Black Butte Lake. Note: Authority cited: Sections 200, 202, 205 and 220, Fish and Game Code. Reference: Sections 200, 205 and 206, Fish and Game Code. s 6.37. Colorado River District Definition. The Colorado River District consists of Imperial County and those portions of Riverside and San Bernardino counties lying south and east of the following line: Starting at the intersection of Highway 86 with the north boundary of Imperial County; north along Highway 86 to its intersection with Interstate 10; east along Interstate 10 to its intersection with Cottonwood Springs Road; north along Cottonwood Springs Road and the Mecca Dale Road to Amboy; east along old Highway 66 to its intersection with Interstate 40; east along Interstate 40 to its intersection with Highway 95; and north along Highway 95 to the California-Nevada boundary. All of the Coachella Canal and Lake Cahuilaa are included in this District. Note: Authority cited: Sections 200, 202, 205 and 220, Fish and Game Code. Reference: Sections 200, 205 and 206, Fish and Game Code. s 7.00. District General Regulations. Unless otherwise provided, waters shown as open to trout and salmon fishing in subsections (a) through (g) below, are open to fishing for other species. Every body of water listed in subsections (a) through (g) of Section 7.00 (below) is closed to all fishing, except during the open season as shown. Unless otherwise provided, waters closed to trout and salmon fishing are closed to fishing for all other species, except that these closures do not apply to fishing for amphibians (see Section 5.05), freshwater clams (see Section 5.20), crayfish (see Section 5.35), and lamprey (see Section 5.40), using fishing methods other than hook-and-line fishing. Daily bag and possession limits, unless otherwise provided, mean the total number of trout and salmon in combination. Unless otherwise provided, no more than one daily bag limit may be possessed. Silver (coho) salmon may not be taken in any of the waters of the State, except in Lake Oroville. Incidentally hooked Silver (coho) salmon, except those in Lake Oroville, must be immediately released unharmed to the waters where they are hooked. In waters where the bag limit for trout or salmon is zero, fish for which the bag limit is zero must be released unharmed, and should not be removed from the water. District/Water Open Daily Bag Season and Possession Limit (a) North Coast District (1) No trout or salmon may be taken in the North Coast District except as provided in subsection (2), (3) and (4) below and the Alphabetical List of Waters with Special Regulations. (2) All lakes and reservoirs All year. 5 per day except those listed by name 10 in in the Special Regulations. possession (3) Anadromous waters of the Closed to all fishing Klamath and Trinity River Systems, all year. and those entering the ocean south of Humboldt Bay, which are not listed in the Special Regulations. (4) All anadromous waters tributary Fourth 0 Saturday in May to Humboldt Bay, and north of through Oct. 31. Only Humboldt Bay, except those of the artificial lures with barbless Klamath and Trinity river systems hooks may be used. and those listed by name in the Special Regulations. (5) All streams except anadromous Last 5 trout Saturday per day, in Apr. waters and those listed by name in the through 10 in Nov. 15. Special Regulations. possession (NOTE: A list of the non-anadromous waters opened to trout fishing (STREAMS AND PORTIONS OF STREAMS NOT LISTED IN THE SPECIAL REGULATIONS THAT ARE OPEN TO TROUT FISHING FROM THE LAST SATURDAY IN APRIL THROUGH NOVEMBER 15 (New 6-12-98), which is incorporated by reference herein) is available from the Department's Region 1 Office, 601 Locust Street, Redding, CA 96001 (Telephone: (530) 225-2300). (6) S (b) Sierra District (1) Anadromous waters of Tehama Last 0 Saturday in Apr. and Shasta counties not listed in the through Nov. 15. Special Regulations. (Section 7.50). Only arti- fical lures (See subsection (b)(156) of Section and barbless hooks may 7.50, regarding the Sacramento be used. River.) (2) All lakes and reservoirs All year. 5 per day except those in the Fall River 10 in Valley, those in Inyo and Mono possession counties and those listed by name in the Special Regulations. (3) All streams, lakes and Last 5 per day Saturday in Apr. reservoirs in Inyo and Mono counties, through 10 in Nov. 15. except those listed by name in the possession Special Regulations. (4) All streams, lakes and reservoirs Last 2 Saturday in Apr. in the Fall River Valley above the through Nov. 15. Pit No. 1 Powerhouse on Fall River in Shasta County, except those listed by name in the Special Regulations. (5) All streams in Lassen and Saturday 5 per day precedi- ng Modoc counties east of Highway 395 Memorial 10 in Day through and north of Clarks Valley Road. November possession 15. Clarks Valley Road is defined as those portions of county routes 510, 512 and 506 running easterly from the town of Madeline to the Nevada border. (6) All other streams except Last 5 per day Saturday in Apr. those listed by name in the Special Nov. 15. 10 in Regulations. possession (7) Mono County waters, when closed to trout fishing, are closed to all fishing, except for the unrestricted portions of Fish Slough which are open to fishing all year. Also, see subsection (b)(68.3) of Section 7.50 and subsection (b)(15) of Section 5.00. (8) SPECIAL BROOK TROUT BONUS BAG AND POSSESSION LIMIT: (A) IN SIERRA DISTRICT WATERS OF SISKIYOU, SHASTA AND TEHAMA COUNTIES, UP TO 10 BROOK TROUT PER DAY LESS THAN 8 INCHES TOTAL LENGTH MAY BE TAKEN AND POSSESSED IN ADDITION TO THE OTHER DAILY BAG AND POSSESSION LIMITS SPECIFIED FOR THE SIERRA DISTRICT. (B) IN THE SIERRA DISTRICT SOUTH OF INTERSTATE 80, UP TO 10 BROOK TROUT PER DAY LESS THAN 10 INCHES TOTAL LENGTH MAY BE TAKEN AND POSSESSED IN ADDITION TO THE OTHER DAILY BAG AND POSSESSION LIMITS SPECIFIED FOR THE SIERRA DISTRICT. THIS ALLOWANCE DOES NOT INCLUDE RED LAKE IN ALPINE COUNTY OR KIRMAN, LANE OR ROOSEVELT LAKES IN MONO COUNTY. (c) North Central District 5 (1) All lakes and reservoirs except All year. those listed by name in the Special Regulations. (2) All streams except those listed Closed to all fishing by name in the Special Regulations. all year. (3) The tidewaters of all streams All year except those listed by name in the Closed to all fishing Special Regulations. all year. (d) Valley District (1) All lakes and reservoirs except All year. 5 those listed by name in the Special Regulations. (2) All anadromous waters except All year 0 those listed by name in the Special Regulations (See definition of anadromous waters, Section 1.04). (3) All streams except anadromous All year 5 waters and those listed by name in the Special Regulations. (e) South Central District (1) All lakes and reservoirs except All year 5 those listed by name in the Special Regulations. (2) That portion of any stream west Dec. 1 through Mar. 7, 0 of any Highway 1 bridge except but only on Sat., Sun., Wed., those listed by name in the legal holidays and opening special regulations. and closing days. Only barbless hooks may be used. (3) All streams in Alameda, Contra Last Saturday in Apr. 5 Costa, and Santa Clara Counties through Nov. 15 except those listed by name in the Special Regulations. (4) All other streams and portions Closed to all fishing of streams except those listed in all year subsection (e)(2) above or by name in the Special Regulations. (f) Southern District (1) All lakes and reservoirs except All year. 5 those listed by name in the Special Regulations. (2) All streams except anadromous All year. Only artificial 2 waters in San Diego County, and lures with barbless except those listed by name in the hooks may be used. Special Regulations. (3) All streams except anadromous All year. 5 waters in Los Angeles, Ventura, Santa Barbara, Orange, San Bernardino and Riverside Counties, and except those listed by name in the Special Regulations. (4) All anadromous waters Closed to all fishing all except those listed by name in year. the Special Regulations (See definition of anadromous waters, Section 1.04) (5) All streams and tributaries (except those listed by name in the Special Reguilations) above Twitchell Dam on the Cuyama River, above Bradbury Dam and below Gibraltar Dam on the San Ynez River; Robles Diversion Dam on the Ventura River; and Rindge Dam on Malibu Creek. (g) Colorado River District (1) The Colorado River and its All year 10 back waters (2) All other waters All year 5 Note: Authority cited: Sections 200, 202, 205, 220 and 240, Fish and Game Code. Reference: Sections 200, 205 and 206, Fish and Game Code. s 7.05. Trout. Note: Authority cited: Sections 200, 202, 205, 210, 219, and 220, Fish and Game Code. Reference: Sections 200-202, 203.1, 205-210 and 215-222, Fish and Game Code. s 7.10. Imperial County Special Closure. Note: Authority cited: Sections 200, 202, 205, 210, 219, and 220, Fish and Game Code. Reference: Sections 200 and 205, Fish and Game Code. s 7.15. Sunbeam Lagoon Closure (Imperial Co.). Note: Authority cited: Sections 200, 202, 205, 220 and 240, Fish and Game Code. Reference: Sections 200 and 205, Fish and Game Code. s 7.50. Alphabetical List of Waters with Special Fishing Regulations. (a) General Provisions: (1) Unless otherwise provided, waters shown as open to trout and salmon fishing below, are open to fishing for other species. Every body of water listed below is closed to all fishing except during the open season as shown. (2) Unless otherwise provided, waters closed to trout and salmon fishing are closed to fishing for all other species, except that these closures do not apply to fishing for amphibians (see Section 5.05), freshwater clams (see Section 5.20), crayfish (see Section 5.35), and lamprey (see Section 5.40), using fishing methods other than hook-and-line fishing. (3) Daily bag and possession limits, unless otherwise noted, mean the total number of salmon or trout in combination. (4) Unless otherwise provided, it is unlawful to possess more than one daily bag limit. (5) The following special regulations deal primarily with seasons, size limits, and bag and possession limits. Please be aware that these waters may also be subject to restrictions on fishing methods and gear (sections 2.05 through 2.40), fishing hours (section 3.00), and the use of bait (sections 4.00 through 4.30). (b) Daily Bag and Open Season and Possession Body of Water Special Regulations Limit (1) Alanbique Creek (San Mateo Last Saturday in Apr. 5 trout Co.). through Nov. 15 (2) Albion River (Mendocino Co.). Also see Section 8.00(b). Main stem below the Fourth Saturday in May 0 confluence of South Fork Albion. through Oct. 31. Only artificial lures with barbless hooks may be used. Nov. 1 through Mar. 31. 1 hatchery Only barbless hooks may trout or 1 be used. hatchery steelhead** (3) Alder Creek (Mendocino Co.). Also see Section 8.00(c). Main stem below Tramway Gulch. Fourth Saturday in May 0 through Oct. 31. Only artificial lures with barbless hooks may be used. Nov. 1 through Mar. 31. 1 hatchery Only barbless hooks may trout or 1 be used. hatchery steelhead** (4) Almanor Lake tributaries Saturday preceding 5 per day (Lassen, Plumas and Shasta Cos.) Memorial Day through 10 in upstream to the first lake. Nov. 15 possession (5) American River (Sacramento Co.) (A) From Nimbus Dam to the All year 1 hatchery Hazel Avenue bridge piers. trout or 1 hatchery steelhead** 3 king salmon (B) From Hazel Avenue bridge Jan. 1 through Sept. 14. 1 hatchery piers to the U.S. Geological Only barbless hooks may trout or 1 Survey gauging station cable be used. hatchery crossing about 300 yards steelhead** downstream from the Nimbus 3 king salmon Hatchery fish rack site. (C) From the U.S. Geological Jan. 1 through Oct. 31. 1 hatchery trout Survey gauging station cable Only barbless hooks or 1 hatchery crossing about 300 yards down- may be used. steelhead** stream from the Nimbus Hatchery 3 king salmon fish rack site to the SMUD power line crossing at the southwest boundary of Ancil Hoffman Park. (D) From the SMUD power line All year 1 hatchert trout crossing at the southwest boundary or 1 hatchery of Ancil Hoffman Park down- steelhead** stream to the Jibboom Street Bridge. 3 king salmon (E) American River July 16 through 1 hatchery (Sacramento Co.) Dec. 31. trout or 1 from the Jibboom Street hatchery Bridge to the mouth. steelhead** 2 king salmon Jan. 1 through July 15. 1 hatchery trout or 1 hatchery steelhead** 0 salmon (6) Antelope Creek (Tehama Co.). (A) From confluence with Last Saturday in April 0 North Fork downstream to U.S. through Nov. 15. Geological Survey gauging Only artificial lures station cable crossing at with barbless hooks mouth of Antelope Creek may be used. Canyon (B) From U.S. Geological June 16 through 0 Survey gauging station September 30. cable crossing at mouth of Antelope Creek Canyon downstream to mouth of Antelope Creek. (7) Applegate River and tributaries Last Saturday in Apr. 5 per day (Siskiyou Co.). through Nov. 15 10 in possession (8) Aptos Creek (Santa Cruz Co.) Dec. 1 through Mar. 7, 0 from mouth to bridge on but only on Sat., Sun.,Wed., Aptos Creek Road. legal holidays and opening and closing days. Only barbless hooks may be used. (9) Arroyo de los Frijoles above Last Saturday in Apr. 5 trout Lake Lucerne (San Mateo Co.). through Nov. 15. (10) Arroyo Grande Creek (San 5, but only Luis Obispo Co.). 2 salmon (A) Above Lopez Reservoir. Last Saturday in Apr. 5 through Nov. 15. (B) From mouth to Closed to all fishing all Lopez Canyon Dam. year. (11) Arroyo Leon (San Mateo Co.). Closed to all fishing all year. (12) Arroyo Seco River (Monterey Co.). (A) The main stem Arroyo Seco Last Saturday in Apr. 5 and all tributaries above the through Nov. 15. waterfall and footbridge located approximately 3.5 miles from the U.S. Forest Service Ranger Station. (B) The main stem Arroyo Seco Dec. 1 through Mar. 7, 0 and all tributaries below the but only on Sat., waterfall Sun.,Wed., and located approximately legal holidays and opening 3.5 miles upstream from the U.S. and closing days. Only barbless Forest Service Ranger Station. hooks may be used. (12.5) Auburn Ravine Creek Fourth Saturday in May 0 trout and tributaries (Placer Co.) east through Oct. 14. 2 salmon of Nelson Lane. (13) Balm of Gilead Creek (Trinity See Eel River Regulations Co.). No. (63)(E)5 (13.5) Bass Lake (Siskiyou Co.). Feb. 1 through Sept. 30. 5 (14) Battle Creek (Shasta and Tehama Cos.). (A) From mouth to Coleman Fish Closed to all fishing all year. Hatchery weir. Also see Section 8.00(a). (B) From 250 feet upstream from Last Saturday in Apr. 1 hatchery the Coleman National Fish Hatchery through Sept. 30. Only trout or 1 to the Coleman Powerhouse. artificial lures with hatchery barbless hooks may steelhead** be used. 0 salmon (15) Bear Creek and tributaries Saturday preceding 5 per day (Shasta and Siskiyou Cos.) Memorial Day through 10 in between Ponderosa Way bridge Nov. 15 possession and confluence with Fall River. (17) Bear Creek (San Bernardino All year. Minimum size 2 Co.) from Big Bear Dam to limit 8 inches total length. confluence of Santa Ana River. Only artificial lures with barbless hooks may be used (18) Bear River (Humboldt Co.) Fourth Saturday in May 1 hatchery downstream from County Road through Mar. 31. Only trout or 1 Bridge at Capetown, excluding artificial lures with hatchery tributaries. barbless hooks may steelhead** be used. (18.5) Bear river and tributaries (Placer Co.) (A) Bear River from Highway 20 Last Saturday in Apr. 5 per day south (downstream) 2.5 miles to the through Nov. 15. 10 in abandoned concrete dam (the Maximum size limit: 14 possession Boardman Diversion Dam). inches total length. (B) Bear River and tributaries Fourth Saturday in May 0 trout from Highway 65 to the South through Oct. 14 2 salmon Sutter Irrigation District Diversion Dam. (19) Berryessa Lake tributaries Last Saturday in Apr. 5 (Lake and Napa Cos.). through Nov. 15 (19.5) Big Bear Lake Saturday preceding 5 per day tributaries (San Bernardino Co.) Memorial Day through 10 in Feb. 28 possession (20) Big Chico Creek (Butte Co.). (A) From mouth to Bear Hole, June 16 through Oct. 15. 0 located approximately one mile Oct. 16 through Feb. 15. 0 downstream from the upper end of Only artificial lures Bidwell Park with barbless hooks may be used. (B) From Bear Hole to the Nov. 15 through Feb. 0 upper boundary of the Big 15. Only artificial Chico Creek Ecological Reserve lures with barbless hooks may be used. (C) From the upper boundary Closed to all fishing all year. of the Big Chico Creek Ecological Reserve to Higgins Hole Falls, located about one-half mile upstream from Ponderosa Way. (21) Big Lagoon (Humboldt Co.). All year. Only barbless 2 cutthroat For purposes of this regulation, the hooks may be used. trout. No boundary between Big Lagoon and Cutthroat trout other salmonids Maple Creek is the first private minimum size limit: shall be taken. road bridge, located approximately 10 inches. 1/2 mile southeast of the Highway 101 bridge crossing. (22) Big River (Mendocino Co.). Also see Section 8.00(c). Main stem below the Fourth Saturday in May 0 confluence of Two Log Creek. through Oct. 31. Only artificial lures with barbless hooks may be used. Nov. 1 through Mar. 31. 1 hatchery Only barbless hooks may trout or 1 be used. hatchery steelhead** (23) Big Sur River (Monterey Co.). (A) The river and its tributaries Fourth Saturday in May 0 above the upstream end of the gorge through Oct.31. Only pool at the boundary of Pfeiffer artificial lures with Big Sur State Park with the barbless hooks may be used. Ventana Wilderness Area. (B) The river within Pfeiffer Closed to fishing all year. Big Sur State Park, east of the Highway 1 bridge, to its boundary with the Ventana Wilderness Area. (23.5) Big Tree Creek Closed to all fishing all year. (Calaveras Co.) Within Calaveras Big Trees State Park (upstream of the Highway 4 culvert crossing). (24) Big Trees Creek (Tuolumne Closed to all fishing Co.) upstream from the confluence all year of Beaver Creek. (25) Black Butte River and Closed to all fishing tributaries (Glenn Co.) except Cold all year Creek. (25.5) Boggy Creek (Fresno Co.) June 1 through 5 per day and tributaries (tributary to Thomas October 15. 10 in Edison Lake). possession (26) Bogus Creek (Siskiyou Co.). See Klamath River Regulations (26.5) Bridgeport Reservoir Tributaries (Mono Co.). All Bridgeport Reservoir tributaries Last Saturday in April 1 except Swauger Creek, from through the Friday Bridgeport Reservoir upstream preceding Memorial to Highway 395, and Swauger Day and Oct. 1 through Creek, from Bridgeport Reservoir Nov. 15. Minimum size upstream to the private property limit: 18 inches total length. fence line above the Forest Service Only artifical lures with campground. barbless hooks may be used. Saturday preceding 5 per day Memorial Day through 10 in Sep. 30. possession (27) Brush Creek (Mendocino Co.). Also see Section 8.00(c). Main stem below the Lawson Fourth Saturday in May 0 bridge. through Oct. 31. Only artificial lures with barbless hooks may be used. Nov. 1 through Mar. 31. 1 hatchery Only barbless hooks may trout or 1 be used. hatchery steelhead** (28) Bucks Lake tributaries Saturday preceding 5 per day (Plumas Co.). Memorial Day through 10 in Sept. 30. possession (28.5) Burney Creek Last Saturday in April 2 trout (Shasta Co.). through Nov. 15. Maximum Burney Creek from Burney size limit: 14 inches. Creek Falls downstream to Lake Only artificial lures with Britton. barbless hooks may be used. (29) Butano Creek (San Mateo Co.). (A) Above Butano Falls. Last Saturday in Apr. 5 trout through Nov. 15. (B) From mouth to country bridge Dec. 1 through Mar. 7, 0 on Pescadero-Bean Hollow Road. but only on Sat., Sun.,Wed., legal holidays and opening and closing days. Only barbless hooks may be used. (30) Butt Creek and Butt Valley Reservoir Powerhouse Outfall (Plumas Co.). (A) Butt Creek. Saturday preceding 5 per day Memorial Day through 10 in Nov. 15. possession (B) Butt Valley Reservoir Saturday preceding 2 powerhouse outfall, from the Memorial Day through powerhouse, downstream to a marker Feb. 28. adjacent to Ponderosa Flat Campground. (31) Butt Valley Reservoir (Plumas Co.). All year 2 (32) Butte Creek (Butte and Sutter Cos.). (A) Butte Creek (Butte Co.) from November 15 through 0 trout Oro-Chico Road bridge crossing February 15. Only 0 salmon south of Chico to the Centerville artificial lures with Head Dam, located 300 yards barbless hooks may downstream from the DeSabla be used. Powerhouse below DeSabla Reservoir. (B) Butte Creek (Butte and Sutter Closed to trout and salmon Cos.) from the Oro-Chico Road fishing all year. bridge crossing south of Chico Open all year to fishing to the point that Butte Creek for other species. enters the Sacramento River both via Butte Slough outfall gates at Moon's Bend and through Butte Slough, thence both the East and West Canals of the Sutter Bypass, thence Sacramento Slough. (33) By-Day Creek and tributaries Closed to all fishing (Mono Co.). all year (34) Cache Creek and tributaries Last Saturday in Apr. 5 (Lake Co.). through Nov. 15 (35) Calaveras River downstream Fourth Saturday in May 1 hatchery from New Hogan Dam and the through Mar. 31. Only trout or 1 diverting canal (Mormon Slough) artificial lures with hatchery barbless from Bellota Weir downstream to hooks may be used. steelhead** Interstate Highway 5 (Calaveras Co.). (35.5) Calleguas Creek and All year. 5 tributaries (Ventura Co.). (35.7) Caribou Reservoir Last Saturday in Apr. 2 (Plumas County) through Nov. 15 (36) Carmel River and tributaries Last Saturday in Apr. 5, trout, above Los Padres Dam (Monterey through Nov. 15. no more Co.). No rainbow trout less than than 2 of 10 inches or greater than which 16 inches total length may may be be kept. Only artificial rainbow lures with barbless trout. hooks may be used. (37) Carmel River below Los Padres Dam. (A) Carmel River tributaries below Closed to all fishing all year. Los Padres Dam and main stem from Los Padres Dam to the bridge at Robles Del Rio/Esquiline roads (Rosie's Bridge). (B) Carmel River main stem below Dec. 1 through Mar. 7, 0 the bridge at Robles Del but only on Sat., Sun., Rio/Esquiline Wed., roads (Rosie's Bridge). Also, see legal holidays and opening and Section 8.00 for low-flow closure. closing days. Only artifical lures with barbless hooks may be used. (38) Carson River, East Fork and tributaries (Alpine Co.). (A) Carson River, East Fork Closed to all fishing and tributaries above Carson Falls. all year (B) Carson River, East Fork from Last Saturday in Apr. 0 Hangman's Bridge downstream through Nov. 15. to Nevada State Line. Only artificial lures with barbless hooks may be used. (39) Cassel Forebay (Hat Creek) Last Saturday in Apr. 5 per day (Shasta Co.) through Nov. 15 10 in possession (39.3) Castle Creek (Shasta Co.) Last Saturday in Apr. 0 through Nov. 15. Only artificial lures with barbless hooks may be used. (39.5) Ceder Creek and tributaries Closed to all fishing upstream from Moon Lake access all year road (Lassen Co.). (40) Chorro Creek (San Luis Dec. 1 through Mar. 7, 0 Obispo Co.) from the point that but only on Sat., Sun.,Wed., Chorro Creek enters Midway Marina legal holidays and opening in Morro Bay upstream to the twin and closing days. bridges on South Bay Boulevard. Only barbless hooks may be used. (41) Chowchilla River (Madera Closed to all fishing and Mariposa Cos.) from Eastman all year Lake upstream to West and East Forks and the West Fork Chow- chilla River from its mouth upstream to the Highway 49 bridge. (42) Clear Lake tributaries (Lake Last Saturday in Apr. 5 Co.). through Nov. 15 (42.3) Codornices Creek Closed to all fishing all year (Alameda Co.). (42.5) Cold Creek (Fresno Co.) June 1 through 5 per day and tributaries (tributary to Thomas October 15. 10 in Edison Lake). possession (43) Convict Creek (Mono Co.). (A) Convict Creek, including Closed to all fishing side channels and meanders, all year. in the U.C. study area as posted. This area begins about 1/2 mile above the Highway 395 bridge and extends upstream about 1/2 mile. (B) Convict Creek Last Saturday in April 2 downstream of the U.C. through the Friday study area. preceding Memorial Day and Oct. 1 through Nov. 15. Minimum size limit: 18 inches total length. Only artificial lures with barbless hooks may be used. Saturday preceding 5 per day Memorial Day 10 in through Sept. 30. possession. (C) Convict Creek Last Saturday in April 5 per day upstream of the U.C. through Nov. 15. 10 in study area. possession. (43.5) Coon Creek and tributaries Fourth Saturday in May 0 trout (Placer Co.) east of Highway 65. through Oct. 14 2 salmon (43.6) Coon Creek Closed to fishing all (San Luis Obispo Co.) year. (44) Corral Valley Creek and Closed to all fishing tributaries (Alpine Co.). all year (45) Corralitos Creek (Santa Cruz Dec. 1 through Mar. 7, 0 Co.) from mouth to Browns Valley but only on Sat., Sun., Road. Wed., legal holidays and opening and closing days. Only barbless hooks may be used. (46) Cosumnes River (Sacramento Jan. 1 through Oct. 15. 0 Only Co.) from Highway 99 bridge barbless hooks may be upstream to the Latrobe vehicle used. bridge. (47) Cottoneva Creek (Mendocino Co.). Also see Section 8.00(c). Main stem below the Fourth Saturday in May 0 confluence of South Fork through Oct. 31. Only Cottoneva Creek. artificial lures with barbless hooks may be used. Nov. 1 through Mar. 31. 1 hatchery Only barbless hooks may trout or 1 be used. hatchery steelhead** (48) Cottonwood Creek (Inyo Co.). (A) Cottonwood Creek main stem July 1 through Nov. 15. 0 between mouth of Little Cotton- Only artificial lures with wood Creek and South Fork of barbless hooks may be used Cottonwood Creek. (B) Cottonwood Creek and July 1 through Nov. 15. 5 tributaries upstream from the Only artificial lures with confluence of South Fork barbless hooks may be used Cottonwood Creek, (2) Little Cottonwood Creek, (3) the South Fork of Cottonwood Creek and its tributaries, and (4) the unnamed tributary flowing through Horseshoe Meadow. (49) Cottonwood Creek drainage lakes (Inyo Co.). (A) Cottonwood Lakes 1, 2, 3 and July 1 through Nov. 15. 0 4 and their tributaries (Inyo Co.). Only artificial lures with barbless hooks may be used. (B) All remaining Cottonwood July 1 through Nov. 15. 5 Creek drainage lakes. Only artificial lures with barbless hooks may be used (49.5) Cottonwood Creek and Saturday preceding 0 Memorial tributaries (Modoc Co.). Day through Nov. 15. Only artificial lures with barbless hooks may be used. (50) Cottonwood Creek, North Fork Closed to all fishing and tributaries (White Mountains, all year Mono Co.). (50.5) Cow Creek and tributaries Closed to all fishing upstream from Forest Service road all year 9S10 (Fresno Co.). (50.8) Coyote Creek (Santa Last Saturday in April 0 trout through Clara Co.) November 15. Only 0 artificial lures and barbless hooks steelhead may be used. 0 salmon (See Article 4. Species Regulations for bag limits for other fish). (51) Coyote Valley Creek and Closed to all fishing tributaries (Alpine Co.). all year (52) Crooked Creek (Mono Co.). (A) Crooked Creek Closed to all fishing all below the City of Los year. Angeles gauging station. (B) Crooked Creek Last Saturday in April 0 and tributaries above through Nov. 15. Only the Los Angeles gauging artificial lures with station. barbless hooks may be used. (53) Crowley Lake (Mono Co.). (See individual listings for regulations on tributary waters which include: Convict, Crooked, Hilton, Hot, McGee, and Whiskey creeks and the upper Owens River). (A) Crowley Lake within 1,800 Closed to all fishing feet of the outlet dam (this area is all year for safety purposes. marked with a series of buoys). (B) Crowley Lake, except for the Last Saturday in Apr. 5 per day closed area near the outlet dam through July 31. 10 in (see above). possession Aug. 1 through Nov. 15. 2 Minimum size limit:18 inches total length. Only artificial lures with barbless hooks may be used. (53.5) Davis Creek and Saturday preceding 5 brown tributaries (Modoc Co.). Memorial Day through trout per November 15. Only day. 10 in artificial lures with possession barbless hooks may No other be used. species may be taken or possessed. (54) Davis Lake tributaries (Plumas Saturday preceding 5 per day Co.). Memorial Day through 10 in Nov. 15. possession (54.5) Deadman Creek (Mono Co.). (A) Deadman Creek Last Saturday in April 2 downstream from Hwy. 395. through Nov. 15. Maximum size limit: 16 inches total length. Only artificial lures with barbless hooks may be used. (B) Deadman Creek Last Saturday in April 5 per day upstream from Hwy. 395. through Nov. 15. 10 in possession. (55) Deep Creek (San Bernardino All year. Minimum size 2 Co.) from headwaters at Little Green limit:8 inches total length. Valley to confluence of Willow Only artificial lures with Creek barbless hooks may be used (56) Deer Creek (Tehama Co.). (A) From 250 feet Last Saturday in April 0 below Upper Deer through Nov. 15. Only Creek Falls and fishway (located artificial lures with 1.5 miles upstream from Potato Patch barbless hooks may Campground) downstream 31 miles be used. to U.S. Geological Survey gauging station cable crossing at mouth of Deer Creek Canyon (see Section 2.35 for closure at Upper Deer Creek Falls). (B) From U.S. Geological June 16 through Sept. 30. 0 Survey gauging station cable crossing at mouth of Deer Creek Canyon downstream to mouth of Deer Creek. (57) Deer Creek (Yuba and Nevada Fourth Saturday in May 0 Cos.) from mouth to Smartville- through Oct. 15. Only Englebright Dam road crossing. artificial lures with barbless hooks may be used. (58) Diaz Lake (Inyo Co.). First Saturday in Mar. 5 per day through Nov. 15. 10 in possession Nov. 16 through the Friday 5 preceding the first Saturday in Mar. (59) Don Pedro Lake (Tuolumne Jan. 1 through Oct. 15 5 Co.), only that portion of Don Pedro Lake known as the Moccasin Creek Arm upstream from the five- mile per hour buoy. (59.5) Dry Creek and tributaries Fourth Saturday in May 0 trout (Placer Co.) east of the Atkinson through Oct. 14 2 salmon Street Bridge in Roseville. (60) Dry Creek (Yuba and Nevada Fourth Saturday in May 0 Co.) from mouth to Sid Smith Dam through Oct. 15. about one mile above junction of Scott Forbes and Peoria roads. (61) Eagle Lake and tributaries (Lassen Co.). (A) Eagle Lake. Saturday preceding 2 per day Memorial Day through 4 in Dec. 31. possession. (B) Eagle Lake inside the break- Closed to all fishing water at the Gallatin Marina and all year Pine Creek Slough and Pine Creek below State Highway 44. (C) Eagle Lake tributaries, Saturday preceding 5 per day including Pine Creek above Memorial Day through 10 in State Hwy. 44. Nov. 15. possession (61.5) Earl Lake/Talawa All year. Only barbless 2 cutthroat (Del Norte Co.). hooks may be used. trout. No Cutthroat trout minimum other size limit: 10 inches. salmonids shall be taken. (62) Eastman Lake (Madera and Mariposa Cos.). (Note: See Section 5.00 for special black bass fishing restrictions). (A) From the United States All year. 5 Corps of Engineers' buoy line near the Codorniz boat ramp downstream to the dam. (B) From the United States Closed to all Corps of Engineers' buoy fishing all year line upstream. (63) Eel River Regulations (Humboldt, Lake, Mendocino and Trinity cos.). Also see Section 8.00(b). (A) Main stem. 1. From mouth to Fulmor Road, Fourth Saturday in May 0 at its paved junction with the south through Mar. 31. bank of the Eel River. Only barbless hooks may be used. April 1 through the Friday preceding the last Saturday in May. Only artificial lures with barbless hooks may be used. 2. From Fulmor Road, near Apr. 1 through 0 east end of Cock Robin Island to Sept. 30. Only artificial lures South Fork Eel River. with barbless hooks may be used. Oct. 1 through Mar. 31. 0 Only barbless hooks may be used. 3. From South Fork Jan. 1 through Mar. 31 and 0 Eel River to Cape Horn Dam. Fourth Saturday in May through Sept. 30. At all times, only artificial lures with barbless hooks may be used. Closed to all fishing Apr. 1 through the Friday preceding the fourth Saturday in May and Oct. 1 through Dec. 31. (B) Van Duzen River. 1. Main stem and tributaries Last Saturday in Apr. 5 above Eaton Falls, located about through Nov. 15. 1/2 mile upstream of the mouth of the South Fork (Little Van Duzen) and 2 1/2 miles west of Dinsmore. 2. Main stem from Highway 36 Fourth Saturday in May 0 through bridge at Bridgeville to mouth. Sept. 30. Only artificial lures with barbless hooks may be used. Oct. 1 through Mar. 31. 0 Only barbless hooks may be used. (C) South Fork Eel River from Fourth Saturday in May 0 mouth to Rattlesnake Creek. through Sept. 30. Only artificial lures with barbless hooks may be used. Oct. 1 through Mar. 31. 0 Only barbless hooks may be used. (D) Middle Fork Eel River. 1. Middle Fork main stem Jan. 1 through May 31 and 0 from mouth to Bar Creek. July 16 through Sept. 30. At all times, only artificial lures with barbless hooks may be used. Closed to all fishing Jun. 1 through July 15 and #3Oct. 1 through Dec. 31. 2. Middle Fork tributaries above Last Saturday in Apr. 5 Indian Dick/Eel River Ranger through Nov.15. Maximum Station Road size limit:14 inches total length. 3. Middle Fork and tributaries Last Saturday in Apr. 2 above mouth of Uhl Creek. through Nov. 15. Maximum size limit:14 inches total length. Only artificial lures with barbless hooks may be used. 4. Balm of Gilead Creek and Last Saturday in Apr. 2 tributaries above falls 1 1/4 miles through Nov. 15. Maximum from mouth. size limit: 14 inches total length. Only artificial lures with barbless hooks may be used. 5. North Fork of Middle Fork and Last Saturday in Apr. 2 through tributaries above mouth of Willow Nov. 15. Maximum size limit: Creek. 14 inches total length. Only artificial lures with barbless hooks may be used. (64) El Estro Lake (Monterey Co.) Closed to all fishing both that portion of the lake all year east of the Third Street bridge known as Camino Aquajito Arm and that portion of the lake east of the Pearl Street bridge known as Camino El Estero finger. (65) Elk Creek (Mendocino Co.). All year 2 Also see Section 8.00(c). Main stem below the Fourth Saturday in May 0 confluence of South Fork Elk through Oct 31. Only Creek. artificial lures with barbless hooks may be used. Nov. 1 through Mar. 31. 1 hatchery Only barbless hooks may trout or 1 be used. hatchery steelhead** (66) Elk River (Humboldt Co.) Fourth Saturday in May 0 downstream from Highway 101 through Oct. 31. Only bridge, excluding artificial tributaries. lures with barbless hooks may be used. Nov. 1 through Mar. 31. 1 hatchery Only barbless hooks may trout or 1 be used. hatchery steelhead** (67) Fall River (Shasta Co.). (A) Fall River from its origin at Last Saturday in Apr. 2 Thousand Springs downstream through Nov. 15. Maximum to the mouth of the Tule River and size limit:14 inches total length. including Spring Creek and Only artificial lures with barbless excluding all other tributaries. hooks may be used. (68) Feather River below Oroville Dam (Butte, Sutter and Yuba Cos.). (A) Fish Barrier Dam to Table Closed to all fishing Mountain bicycle bridge in all year Oroville. (B) Table Mountain bicycle Jan. 1 through July 15. 1 hatchery bridge to Highway 70 bridge. Only barbless hooks trout or 1 may be used. hatchery steelhead** 0 salmon (C) Highway 70 bridge to Jan. 1 through the last 1 hatchery Sunset Pumps (approx. 5 miles day in Feb. trout or 1 downstream of the town of hatchery Live Oak). steelhead** 3 king salmon Mar. 1 through July 15 1 hatchery trout or 1 hatchery steelhead** 1 salmon July 16 through Sep. 30. 1 hatchery trout or 1 hatchery steelhead** 3 king salmon Oct. 1 through Dec. 31. 1 hatchery trout or 1 hatchery steelhead** 0 salmon (D) Sunset Pumps (approx. 5 Mar. 1 through July 15. 1 hatchery miles downstream of the town trout or 1 of Live Oak) to Highway 20. hatchery steelhead** 1 salmon July 16 through the last 1 hatchery day in Feb. trout or 1 hatchery steelhead** 3 salmon (E) Highway 20 bridge Mar. 1 through July 15. 1 hatchery to Feather River mouth. trout or 1 hatchery steelhead** 0 salmon July 16 through the last 1 hatchery day in Feb. trout or 1 hatchery steelhead** 3 king salmon (68.1) Feather River, Middle First Saturday in April 5 per day Fork (Plumas Co.), from the through Nov. 15. 10 in possession Union Pacific Railroad Bridge (1/4 mile upstream of County A-23 bridge) to the Mohawk Bridge. (68.2) Feather River North Fork Last Saturday in Apr. 0 from Belden Bridge downstream through Nov. 15. Only to Cresta Powerhouse (excluding artificial lures with barbless reservoirs) (Plumas Co.). hooks may be used. (68.3) Fish Slough (Mono Co.). (A) The portions of Fish Slough Closed to all fishing all year. which lie within the Owens Valley Native Fishes Sanctuary and BLM Spring. (B) All other portions of Fish Last Saturday in Apr. 5 Slough. Also, see Section through Nov. 15. 5.00(b)(15) for black bass regulations. Nov. 16 through the Friday 0 preceding the last Saturday in Apr. (68.5) Frenchman Lake (Plumas Closed to all fishing until May 11, 1991 Co.) or until the lake has been chemically treated and detoxified. The Department shall notify the Commission and the public via the news media, when Frenchman Lake is opened to fishing in accordance with this section. (69) Freshwater Creek (Humboldt Fourth Saturday in May 0 Co.) downstream from bridge at through Oct. 31. Only "3 Corners" on the Old Arcata artificial lures with Road, excluding tributaries. barbless hooks may be used. Nov. 1 through Mar. 31. 1 hatchery Only barbless hooks may trout or 1 be used. hatchery steelhead** (69.5) Freshwater All year. 5 per day Lagoon (Humboldt Co.). 10 in possession. (70) Garcia River (Mendocino Co.). Also see Section 8.00(c). Main stem below the Eureka Fourth Saturday in May 0 Hill Road bridge. through Oct. 31. Only artificial lures with barbless hooks may be used. Nov. 1 through Mar. 31. 1 hatchery Only barbless hooks may trout or 1 be used. hatchery steelhead** (71) Golden Trout Wilderness Area Last Saturday in Apr. 5 (Tulare Co.), excluding the main through Nov. 15. stem Kern River (see subsection Only artificial lures 7.50(b)(86), and the Tule River with barbless hooks may drainage (See subsection be used. 7.50(b)(197)). (71.5) Grass Valley Creek All year. Only 2 trout. Reservoir (Trinity Co.) artificial lures with barbless hooks may be used. (72) Greenwood Creek (Mendocino Co.). Also see Section 8.00(c). Main stem below the log Fourth Saturday in May 0 bridge about 1 1/2 miles east of through Oct. 31. Only Highway 1. artificial lures with barbless hooks may be used. Nov. 1 through Mar. 31. 1 hatchery Only barbless hooks may trout or 1 be used. hatchery steelhead** (72.5) Guadalupe River below Last Saturday in April 0 trout Guadalupe Reservoir (Santa Clara through November 15. 0 steelhead Co.) including Los Gatos Ck. Only artificial lures and 0 salmon Below Vasona Lake, and Alamitos barbless hooks may (See Article Ck. and Arroyo Calero below be used. 4. Species Calero Reservoir. Regulations for bag limits for other fish). (73) Gualala River (Mendocino and Sonoma Cos.). Also see Section 8.00(c). Main stem below the Fourth Saturday in May 0 confluence of Wheatfield and through Oct. 31. Only South Forks. artificial lures with barbless hooks may be used. Nov. 1 through Mar. 31. 1 hatchery Only barbless hooks may trout or 1 be used. Fishing hatchery from a flotation device steelhead** is prohibited from Nov. 15 through Feb. 28 from the confluence of the North Fork to the Highway 1 bridge. (73.5) Haiwee Reservoirs First Saturday in Mar. 5 per day (Inyo County). through Nov. 15. 10 in possession. Nov. 16 through the Friday 5 preceding the first Saturday in Mar. (74) Hat Creek (Shasta Co.) from Last Saturday in Apr. 2 Lake Britton upstream to Baum through Nov.15. Minimum Lake, exclusive of the concrete size limit:18 inches total Hat No. 2 intake canal between length. Only artificial lures Baum Lake and the Hat No. 2 with barbless hooks may be Powerhouse. used. Aquatic invertebrates of the orders Plecoptera (stoneflies), Ephemeroptera (mayflies) and Trichoptera (caddisflies) may not be taken or possessed (75) Hat Creek No.1 and Cassel Last Saturday in Apr. 5 per day Forebays (Shasta Co.). Those through Nov. 15 10 in portions of Hat Creek known as possession No. 1 Forebay and Cassel Forebay. (76) Heenan Lake and tributaries Closed to all (Alpine Co.). fishing all year. (A) Heenan Lake. Only on Fridays, 0 Saturdays, and Sundays from the Friday before Labor Day through the last Sunday in October. Fishing hours: Only from sunrise to sunset. Only artificial lures with barbless hooks may be used. (B) Heenan Lake Closed to all fishing tributaries. all year. (77) Hennessey Lake tributaries Last Saturday in Apr. 5 (Napa Co.). through Nov. 15 (77.3) Hilton Creek (Mono Co.). (A) Hilton Creek Last Saturday in April 2 downstream from Crowley through the Friday Lake Drive. preceding Memorial Day and Oct. 1 through Nov. 15. Minimum size limit: 18 inches total length. Only artificial lures with barbless hooks may be used. Saturday preceding 5 per day Memorial. Day through 10 in Sept. 30. possession. (B) Hilton Creek upstream Last Saturday in April 5 per day from Crowley Lake Drive. through Nov. 15. 10 in possession. (77.5) Hobart Creek (Tuolumne July 1 through Nov. 15. 5 per day, Co.), tributary to Spicer Meadows 10 in Reservoir. possession (78) Hot Creek (Mono Co.). Last Saturday in April 0 Hot Creek from the State through Nov. 15. Only hatchery property line to the artificial flies with confluence with the Owens barbless hooks may be used. River. (79) Illinois River and tributaries Closed to finishing (Del Norte Co.). all year. (80) Independence Lake and NOTE: ALL LAHONTAN tributaries (Nevada and Sierra CUTTHROAT TROUT Cos.). TAKEN SHALL BE IMMEDIATELY RETURNED TO THE WATER (A) Independence Lake tributaries Closed to all fishing and Independence Lake within all year 300 feet of the mouths of all tributaries. (B) Independence Lake except All year 5 per day Independence Lake within 300 Only artificial lures with 10 in feet of the mouths of all barbless hooks may be possession tributaries. used (81) Indian Tom Lake (Siskiyou Co.). All year 2 (82) Inyo County, Southwestern First Sat. in March Portion, in all waters bounded by through Nov. 15. 5 per day the Inyo County line on the south 10 in and west, Independence Creek on possession the north, and Highway 395 on the east (also see Cottonwood Creek Restrictions.) (83) Islay Creek (San Luis Obispo Closed to all fishing Co.). all year (84) Junction Lake and tributaries Closed to all fishing (Mon Co.) including the lake's all year outlet stream to Highway 108. (84.5) Kaweah River and All year. 5 per day tributaries (Tulare Co.). 10 in possession (85) Kent Lake tributaries (Marin Last Saturday in Apr. 5 Co.). through Nov. 15 (86) Kern River (Kern and Tulare Cos.). (A) From Lake Isabella to the All year. 5 per day Johnsondale bridge. 10 in possession (B) From Johnsondale bridge Last Saturday in Apr. 2 upstream to the point where through Nov. 15. Minimum U.S. Forest Service Trail 33E30 size limit:14 inches total heads east to joint the Rincon length. Only artificial Trail. lures with barbless hooks may be used. Nov. 16 through the Friday 0 preceding the last Saturday in Apr. Only artificial lures with barbless hooks may be used. (C) From the point where U.S. Last Saturday in Apr. 2 Forest Service Trail 33E30 heads through Nov. 15. east to join the Rincon Trail Maximum size limit: upstream to the mouth of 10 inches total length Tyndall Creek. for rainbow trout only. Only artificial lures with barbless hooks may be used. (87) Kings River (Fresno Co.). All year. 2 (A) Kings River, All year. 2 South Fork from its confluence with Copper Creek downstream to the Highway 180 crossing at Boyden Cave. (B) Kings River All year. Only artificial 0 South Fork, from the lures with barbless Highway 180 crossing at hooks may be used. Boyden Cave downstream to the main stem; Middle Fork, from the western boundary of Kings Canyon National Park downstream to the main stem; and main stem, from the confluence of the South and Middle forks downstream to Garnet Dike Campground. (C) Kings River, from Garnet All year. 2 Dike Campbround downstream to Pine Flat Lake. (D) Kings River from Pine Flat Last Saturday in Apr. 5 Dam downstream to U. S. Army through Nov. 15. Corps of Engineers Bridge on Pine Flat Road. (E) Kings River Thorburn Closed to all fishing all year. Spawning Channel, the 2,200 foot long channel located 5 miles downstream from Pine Flat Dam, and the reach of river within a 200-foot radius of the channel exit. (F) Kings River, from All year. 0 Cobbles (Alta) Weir downstream Only artificial lures to the Highway 180 with barbless hooks crossing. may be used. (88) Reserved (B) Kings River from Garnet All year 0 Dike Campground upstream Only artificial lures to confluence of South and with barbless hooks Middle Forks, South Fork upstream may be used to the highway crossing at Boyden Cave and Middle Fork upstream to the western boundary of Kings Canyon National Park. (89) Kirman (Carmen) Lake (Mono Co.). Last Saturday in Apr. 2 through Nov. 15. Minimum size limit: 16 inches total length. Only artificial lures with barbless hooks may be use (90) Kirman (Carmen) Lake Closed to all fishing tributaries (Mono Co.). all year (91) Klamath River Regulations (See Section 1.74 for salmon punch card requirements. (A) Klamath River main stem and Last Saturday in Apr. 5 per day all tributaries above Iron Gate through Nov. 15 10 in Dam, except Shovel Creek and possession tributaries. The Klamath River main stem within 250 feet of the mouth of Shovel Creek is closed to all fishing November 16 through June 15. (B) Shovel Creek and tributaries Last Saturday in Apr. 5 above mouth of Panther Creek. through Nov. 15. (C) Shovel Creek and tributaries Closed to all fishing up to and including Panther Creek. all year (91.1) Anadromous Waters of the Klamath River Below Iron Gate Dam (Lower Klamath River Basin). The regulations in this subsection apply only to waters of the Klamath River system which are accessible to anadromous salmonids. They do not apply to waters of the Klamath River which are inaccessible to anadromous salmon and trout, for example, portions of the Klamath River system upstream from Iron Gate Dam, portions of the Trinity River system above Lewiston Dam, and the Shasta River and tributaries above Dwinnel Dam. Fishing in these waters is governed by the General Regulations for non-anadromous waters of the North Coast District (see Section 7.00(a)(5)). (A) Hook and Weight Restrictions. 1. Only barbless hooks may be used. 2. Definitions of Gap: For the purposes of this section, "gap" means the distance measured from the point of a hook to the shank. 3. Maximum Gaps and Gear Rigging. a. No person shall use any single hook with a gap greater than 1 inch or any multiple hook with a gap greater than 3/4 inch. b. It is unlawful to use any hook which is directly or indirectly attached closer than 18 inches to any weight exceeding 1/2 ounce. c. It is unlawful to use any multiple hook or more than one single hook on non-buoyant lures exceeding one ounce. d. It is unlawful to use any weight attached directly below a hook. 4. During closures to the take of adult salmon, anglers shall not remove any adult Chinook salmon from the water by any means, such as by dragging the fish on shore or using a net. (B) General Area Closures. 1. No fishing is allowed within 750 feet of any Department of Fish and Game fish-counting weir. 2. No fishing is allowed from the Ishi Pishi Falls road bridge upstream to and including Ishi Pishi Falls from Aug. 15 through Nov. 1. Exception: members of the Karuk Indian Tribe listed on the current Karuk Tribal Roll may fish at Ishi Pishi Falls using hand-held dip nets. 3. No fishing is allowed from Sept. 15 through Nov. 15 in the Klamath River within 500 feet of the mouths of the Salmon, the Shasta and the Scott rivers. (C) Klamath River Basin General Seasons and Bag and Possession limits. 1. All anadromous waters of the Klamath River Basin are closed to all fishing all year, except those listed in subsection (b)(91.1)(E) below. 2. Trout. a. The trout daily bag limit is 1 hatchery trout or 1 hatchery steelhead**, and 1 brown trout. 3. Salmon. a. All Chinook salmon are subject to the quotas and size restrictions listed in subsection (b)(91.1)(D). b. Unless otherwise noted in subsections (b)(91.1)(D) or (b)(91.1)(E), the salmon daily bag limit is 3 Chinook salmon, of which no more than 1 may be over 22 inches total length when the take of salmon over 22 inches total length is allowed. c. No more than 2 Chinook salmon over 22 inches total length may be retained in any 7 consecutive days when the take of salmon over 22 inches total length is allowed. d. No more than 12 Chinook salmon may be possessed, of which no more than 2 may be over 22 inches total length when the take of salmon over 22 inches total length is allowed. (D) Klamath River Basin Chinook Salmon Quotas. The Klamath River fall Chinook salmon take is regulated using quotas. Accounting of the tribal and non-tribal harvest is closely coordinated from August 1 through November 30 each year. 1. Quota for Entire Basin. The 2006 Klamath River Basin quota is 0 Klamath River fall Chinook salmon over 22 inches total length. a. Klamath River from Iron Gate Dam to the Highway 96 bridge at Weitchpec. (i) No salmon over 22 inches total length may be retained from April 1 through November 30, 2006. b. Klamath River Below the Highway 96 bridge at Weitchpec. (i) No salmon over 22 inches total length may be retained from August 15 to November 30, 2006. c. Trinity River main stem from Old Lewiston Bridge to the Highway 299 West Bridge at Cedar Flat. (i) No salmon over 22 inches total length may be retained from September 15 through November 30, 2006. d. Trinity River main stem from the Highway 299 West bridge at Cedar Flat downstream to the Hawkins Bar Bridge (Road to Denny). (i) Closed to all fishing from September 1 through November 30, 2006. e. Trinity River main stem from Hawkins Bar Bridge (Road to Denny) downstream to the mouth of the Trinity River South Fork. (i) No salmon over 22 inches total length may be retained from September 1 through November 30, 2006. f. Trinity River main stem from the mouth of the Trinity River South Fork downstream to the confluence with the Klamath River. (i) No salmon over 22 inches total length may be retained from April 1 through November 30, 2006. (E) Seasons. Daily Bag Limits, and Special Fishing Methods Restrictions for Waters of the Klamath River Basin. Bag limits are for trout and salmon in combination unless otherwise specified. Open Season and Daily Bag Body of Water Special Regulations Limit 1. Bogus Creek and tributaries. Fourth Saturday in 0 May through Aug. 31. Only artificial lures with barbless hooks may be used. 2. Klamath River main stem from All year. See 3,500 feet below Iron Gate Dam to subsections mouth. (b)(91.1)(D) 1.a. and (b) (91.1)(D)1.b. for salmon restrictions. See subsection (b)(91.1)(C) 2. for trout bag limits. 3. Salmon River main stem, main Nov. 1 through Feb. 0 28. stem of North Fork, below Sawyer's Bar Bridge and main stem of South Fork below the confluence of the East Fork of the South Fork. 4. Scott River main stem from Fourth Saturday in 0 May mouth to Fort Jones-Greenview through Feb. 28. bridge. 5. Shasta River main stem from Fourth Saturday in 0 May Interstate 5 bridge north of Yreka through Aug. 31 and to the mouth. Nov. 16 through Feb. 28. 6. Trinity River and tributaries. a. Trinity River main stem from Apr. 1 through 0 Sept. 250 feet below Lewiston Dam 15. Only artificial flies to Old Lewiston bridge. with barbless hooks may be used. b. Trinity River main stem from All year. See Old Lewiston bridge to the subsection Highway 299 West bridge at (b)(91.1)(D) Cedar Flat. 1.c for salmon restrictions. See subsection (b)(91.1)(C) 2. for trout bag limits. c. Canyon Creek above the falls Last Saturday in 2 Apr. located about four miles above through Nov. 15. the wilderness area boundary. d. Trinity River main stem from the Dec. 1 through Aug. See 31. Highway 299 West bridge at Cedar subsection Flat downstream to the Hawkins (b)(91.1)(D) Bar Bridge (Road to Denny). 1.d. for salmon restrictions. See subsection (b)(91.1)(C) 2. for trout bag limits. e. New River main stem from the Sept. 15 through 0 Nov. 15. mouth upstream to the confluence Only artificial lures with of the East Fork. barbless hooks may be used. f. Trinity River main stem from All year. Also see Hawkins Bar Bridge (Road to subsection Denny) to the mouth of the (b)(91.1)(D) Trinity River South Fork. 1.e. for salmon restrictions. See subsection (b)(91.1)(C) 2. for trout bag limits. g. Trinity River main stem from All year. Also see the mouth of the Trinity River subsection South Fork downstream to the (b)(91.1)(D) confluence with the Klamath River. 1.f. for salmon restrictions. See subsection (b)(91.1)(C) 2. for trout bag limits. h. Trinity River South Fork Fourth Saturday in 0 Chinook downstream from the mouth May through Mar. salmon 31. of Grouse Creek. See subsection (b)(91.1)(C) 2. for trout bag limits. i. Trinity River South Fork Nov. 1 through Mar. 0 Chinook 31. from the mouth of Grouse Creek salmon to the South Fork Trinity See River bridge at Hyampom. subsection (b)(91.1)(C) 2. for trout bag limits. j. Hayfork Creek main stem, from Fourth Saturday in 0 May Highway 3 bridge in Hayfork through Mar. 31. Only downstream to the mouth. artificial lures with barbless hooks may be used. Daily Bag and Open Season and Possession Body of Water Special Regulations Limit (92) Klopp Lake (Humboldt All year. Only artificial 2 Co.). lures with barbless hooks may be used (93) Laguna de Santa Rosa Last Saturday in Apr. 0 (Sonoma Co. tributary to Russian through Nov. 15. Open to River) upstream from Guerneville fishing for non-salmonids Road bridge. only, no salmon or trout may be taken (95) Lagunitas Creek and Closed to all fishing tributaries (Marin Co). all year (96) Lagunitas Lake (Marin Co.). All year. Size limit: No. 2 fish between 10 and 16 inches total length may be retained. Only artificial lures with barbless hooks may be used (96.5) Lane Lake (Mono Co.). Last Saturday in Apr. 2 through Nov. 15. (97) Las Gazas Creek and Fourth Saturday in May 0 tributaries above Robinson through Oct. 31. Canyon Road (Monterey Co.). Only artificial lures with barbless hooks may be used. (98) Lassen Creek and tributaries Saturday preceding 0 Memorial (Modoc Co.) Day through Nov. 15. Only artificial lures with barbless hooks may be used. (98.5) Laurel Lakes and Last Saturday in Apr. 2 tributaries (Mono Co.) through Nov. 15. Minimum size limit: 14 inches total length. Only artificial lures with barbless hooks may be used (98.6) Lee Vining Creek Last Saturday in Apr. 2 from the Lee Vining conduit through Nov. 15. downstream to Mono Lake (Mono Co.) (99) Limekiln Creek and Dec. 1 through Mar. 7, 0 tributaries above Highway 1 but only on Sat., Sun., Wed., (Monterey Co.). legal holidays and opening and closing days. Only barbless hooks may be used. (100) Little Butano Creek above Last Saturday in Apr. 5 trout the diversion dam at Butano through Nov. 15 State Park (San Mateo Co.). (101) Little Cottonwood Creek July 1 through Oct. 31 5 and tributaries (Inyo Co.). (See Only artificial lures with No. 48) barbless hooks may be used (102) Little River (Humboldt Co.) Fourth Saturday in May 2 cutthroat downstream from the Country through Oct. 31. Only trout. No Road bridge at Crannell, artificial lures with other salmonids excluding tributaries. barbless hooks may shall be taken. be used. Cutthroat trout minimum size limit: 10 inches. Nov. 1 through Mar. 31. 1 hatchery Only barbless hooks trout or 1 may be used. hatchery Cutthroat trout steelhead** minimum size limit: 2 cutthroat trout 10 inches. (103) Little Sur River and Fourth Saturday in May 0 tributaries above Coast Road through Oct. 31. (Monterey Co.). Only artificial lures with barbless hooks may be used. (103.5) Little Truckee River Last Saturday in Apr. 2 (Sierra and Nevada Cos.) from through Nov. 15. Maximum Stampede Reservoir Dam size limit: 14 inches total Downstream to Boca Reservoir. length. Only artificial lures with barbless hooks may be used. (104) Llagas Creek (Santa Clara Co.) (A) From mouth to Monterey Dec. 1 through 0 Highway Bridge. Mar. 7, but only on Sat., Sun., Wed., legal holidays and opening and closing days. Only barbless hooks may be used. (B) From Monterey Highway Closed to all fishing Bridge to Chesbro Dam. all year (104.3) Los Angeles First Saturday in Mar. 5 per day Aqueduct from Owens through Nov. 15. 10 in River to Alabama Gates possession (Inyo County). Nov. 16 through the Friday 5 preceding the first Saturday in Mar. (104.5) Los Osos Creek Closed to all fishing (San Luis Obispo Co.). all year. (105) Los Padres Reservoir Last Saturday in Apr. 5 trout, (Monterey Co.). through Nov. 15. no more No rainbow trout less than than 2 of 10 inches or greater than which may 16 inches total length be rainbow may be kept. Only trout. artificial lures with barbless hooks may be used. (106) Macklin Creek (Nevada Closed to all fishing Co.), arising near Milton-Bowman all year Tunnel alignment, flowing north- westerly and having its junction with the Middle Fork Yuba River about 2 1/4 miles downstream from Milton Reservoir. (107) Mad River and tributaries (Humboldt Co.). (A) Mad River within a radius Jan. 1 through Mar. 31. 2 hatchery of 200 yards of its mouth. Only artificial lures with trout or barbless hooks may be 2 hatchery used. steelhead.** (B) Mad River main stem, Fourth Saturday in May 2 hatchery from 200 yards above its mouth through Mar. 31. Only trout or upstream to the confluence with artificial lures with 2 hatchery Cowan Creek, excluding barbless hooks may steelhead.** tributaries. Also see Section be used from the 8.00(b). fourth Saturday in May through Oct. 31. Only barbless hooks may be used from Nov. 1 through March 31. (C) Mad River main stem, from Closed to all fishing the confluence with Cowan all year. Creek to the confluence with Deer Creek, excluding tributaries. (D) Mad River main stem Fourth Saturday in May 0 from the confluence with Deer through Oct. 31. Creek to Ruth Dam. Only artificial lures with barbless hooks may be used. (E) Mad River and tributaries Last Saturday in May 5 per day above Ruth Dam. through Nov. 15. 10 in possession (110) Mammoth Pool tributaries June 16 through Nov. 15 5 per day (Fresno and Madera Cos.) from 10 in their mouths to a point 300 feet possession upstream. (112) Martis Lake and tributaries (Nevada and Placer Cos.) (A) Martis Lake. Last Saturday in Apr. 0 through Nov. 15. Only artificial lures with barbless hooks may be used (B) Martis Lake tributaries. Closed to all fishing all year (113) Mattole River (Humboldt Co.). (A) Mattole River main stem from Closed to all fishing all year. the mouth to 200 yards upstream. (B)Mattole River main stem from Jan. 1 through Mar. 31. 0 200 yards upstream of mouth to Only artificial lures confluence with Stansberry Creek. with barbless hooks may Also see Section 8.00(c). be used. (C) Mattole River main stem Jan. 1 through Mar. 31. 0 and from confluence with Stansberry Fourth Saturday in May Creek to confluence with through Aug. 31. Only artificial Honeydew Creek. Also lures with barbless hooks see Section 8.00(b). may be used. (115) McCloud River and tributaries (Shasta and Siskiyou Cos.). (A) Moosehead Creek and all Closed to all fishing all year. tributaries. (B) Sheepheaven Creek and all Closed to all fishing all year. tributaries. (C) McCloud River from McCloud Last Saturday in Apr. 2 through Dam downstream to confluence of Nov. 15. Only artificial lures Ladybug Creek. with barbless hooks may be used. (D) McCloud River from confluence of Ladybug Creek Last Saturday in Apr. 0 through downstream to lower boundary Nov. 15. Only artificial lures of the U.S. Forest Service with barbless hooks may be loop (southern boundary of used. section 36, T38N, R3W). (E) McCloud River from the lower Closed to all fishing all year. boundary of the U.S. Forest Service loop (southern boundary of section 36, T38N, R3W) downstream to the upper boundary of the McCloud River Club (southern boundary of section 14, T37N, R3W). (115.2) McDonald Creek Closed to fishing (Humboldt Co.). all year. (115.3) McGee Creek (Mono Co.). (A) McGee Creek downstream Last Saturday in April 2 from Highway 395. through Friday preceding Memorial Day and Oct. 1 through Nov. 15. Minimum size limit: 18 inches total length. Only artificial lures with barbless hooks may be used. Saturday preceding 5 per Memorial Day through Sept. 30. day 10 in possession. (B) McGee Creek upstream Last Saturday in April 5 per day from Highway 395. through Nov. 15. 10 in possession (115.4) McLeod Lake (Mono Co.). Last Saturday in Apr. 0 through Nov. 15. Only artificial lures with barbless hooks may be used. (115.5) Meiss Lake (Alpine Co.). Closed to all fishing all year (116) Mendocino Lake tributaries Last Saturday in Apr. 5 (Mendocino Co.). through Nov. 15 (117) Merced River (Mariposa Co.). (A) From the Happy Isles Last Saturday in Apr. 0 rainbow footbridge downstream to the through Nov. 15. trout 5 brown western boundary of Yosemite Only artificial lures with per day National Park at El Portal. barbless hooks may 10 brown be used. trout in possession (B) From the western boundary All year. Only artificial 0 rainbow of Yosemite National Park at lures with barbless hooks trout El Portal boundary downstream to may be used. 5 brown the Foresta bridge. trout per day 10 brown trout in possession Last Saturday in April 5 per day (C) From Foresta bridge through November 15. 10 in possesion downstream to Lake McClure. November 16 through the 2 Friday preceding the last Saturday in April. (118) Merced River (Merced Co.). (A) From Crocker-Huffman Dam Jan. 1 through Oct. 31. 0 trout downstream to the Schaffer bridge Only artificial lures with 0 salmon on Montpelier Road. barbless hooks may be used. (B) From the Schaffer bridge Jan. 1 through Oct. 31. 0 trout on Montpelier Road downstream Bait may be used from 1 salmon to the mouth. Jan. 1 through Oct. 31. However, from April 1 through the Friday preceding the fourth Saturday in May, bait may be used only with single hooks having a gap between 1/2 and 1 inch, or with multiple hooks having a gap between 1/4 and 1/2 inch. (118.2) Milk Ranch Creek and tributaries (Alpine Co.) above the confluence with the North Fork Mokelumne River is closed to fishing all year. (118.5) Mill Creek (Mono Co. tributary to West Walker River) and tributaries upstream from Closed to all fishing confluence with Lost Cannon Creek. all year (119) Mill Creek (Tehama Co.). (A) From the Lassen Last Saturday in April 0 National Park boundary through Nov. 15. Only downstream to the artificial lures with U.S. Geological Survey barbless hooks may be gauging station cable used. crossing at the mouth of Mill Creek Canyon. (B) From U.S. Geological Survey June 16 through Sept. 30. 0 gauging station cable crossing at mouth of Mill Creek Canyon downstream to the mouth of Mill Creek. (120) Milton Lake and middle Last Saturday in Apr. 2 through Fork Yuba River between Milton Nov. 15 Maximum size Lake and Jackson Meadows Dam limit: 12 inches total length. (Nevada and Sierra Cos.) Only artificial lures with barbless hooks may be used (122) Mitchell Creek and Closed to all fishing tributaries (Contra Costa Co.). all year (124) Mokelumne River (San Joaquin Co.). (A) From mouth to Peltier Road. All year. 1 hatchery trout or 1 hatchery steelhead** #3 salmon (B) From Peltier Road to Jan. 1 through Mar. 31. 1 hatchery Camanche Dam including trout or 1 Lodi Lake. hatchery steelhead** 3 salmon Fourth Saturday in May 1 hatchery through Oct. 15. trout or 1 hatchery steelhead** 3 salmon (C) Between the Woodbridge Closed to all fishing vehicle bridge and the Woodbridge all year Irrigation District Dam. (125) Mono Creek (Fresno Co.) June 1 through October 15. 5 per day and tributaries from Edison Lake 10 in upstream to the confluence with possession the North Fork Mono Creek. (125.5) Moosehead Creek See McCloud River and tributaries and all tributaries (Shasta and regulations 7.50(b)(115)(A). Siskiyou cos.). (126) Murray Canyon Creek Closed to all fishing and tributaries (Alpine Co.) all year upstream from the falls located about 1/4 mile above the confluence with the East Fork Carson River. (128) Nacimiento River (Monterey and San Luis Obispo Cos.) from Nacimiento Reservoir. (A) From the headwaters in the Last Saturday in Apr. 5 through Los Padres National Forest, Nov. 15. downstream to the southern border of Fort Hunter-Liggett Military Reservation and the main stem below Nacimiento Dam, downstream to its confluence with the Salinas River. (B) Nacimiento Lake, and the All year. 5 main stem Nacimiento River upstream to the southern boundary of Fort Hunter-Liggett. (129) Napa River and tributaries (Napa Co.). Also see Section 8.00(c). (A) Main stem above the Lincoln Closed to all fishing Bridge in Calistoga and all Napa all year. River tributaries. (B) Main stem from the Lincoln Fourth Saturday in May 1 hatchery Bridge in Calistoga to the Trancas through Mar. 31. Only trout or 1 Bridge. Note: The Napa River artificial lures with hatchery below the Trancas Bridge is barbless hooks may steelhead** tidewater, and is regulated by be used from the fourth 1 king salmon regulations for the Ocean and Saturday in May through San Francisco Bay District (see Oct. 31. Only barbless Sections 1.53 and 27.00). hooks may be used from Nov. 1 through Mar. 31. (130) Navarro River and tributaries (Mendocino Co.). Also see Section 8.00(c). Main stem below the Fourth Saturday in May 0 Greenwood Road bridge. through Oct. 31. Only artificial lures with barbless hooks may be used. Nov. 1 through Mar. 31. 1 hatchery Only barbless hooks trout or 1 may be used. hatchery steelhead** (130.5) Nelson Corral Reservoir and tributary (Lassen Co.). (A) Nelson Corral Reservoir. All year. 2 trout (B) Nelson Corral Reservoir Closed to all fishing all year tributary (the unnamed tributary entering the reservoir at the north end). (131) Newlands Lake tributaries Closed to all fishing (Lassen Co.). all year (132) Nicasio Lake tributaries Last Saturday in Apr. 5 (Marin Co.). through Nov. 15 (133) Noyo River and tributaries (Mendocino Co.). Also see Section 8.00(c). (A) Noyo River main stem Fourth Saturday in May 0 from the mouth to the through Oct. 31. Only Georgia-Pacific logging road artificial lures with bridge one mile east of Highway 1. barbless hooks may be used. Nov. 1 through Mar. 31. 1 hatchery Only barbless hooks trout or 1 may be used. hatchery steelhead** (B) Noyo River from the Georgia- Fourth Saturday in May 0 Pacific logging road bridge one through Oct. 1. mile east of Highway 1 to the Only artificial lures with confluence with the South Fork Noyo River. barbless hooks may be used. (C) Noyo River main stem Fourth Saturday in May 0 from the confluence with the through Oct. 31. Only South Fork Noyo River to the artificial lures with Sonoma/Mendicino Boy Scout barbless hooks may be used. Council Camp. Nov. 1 through Mar. 31. 1 hatchery Only barbless hooks trout or 1 may be used. hatchery steelhead** (134) Owens River (Inyo and First Saturday in Mar. 5 per day Mono Cos.), including through Oct. 31. 10 in Pleasant Valley and Tinemaha possession lakes, except (A), (B), (C), and (D) below. Nov. 1 through the Friday 5 preceding the first Saturday in Mar. (A) Upper Owens River Last Saturday in April 2 from Benton Bridge road through Nov. 15. crossing upstream to Highway Maximum size limit: 395 (includes that part of 16 inches total length. Deadman Creek below Only artificial lures with Highway 395). barbless hooks may be used. (B) Upper Owens River Saturday preceding 5 per day from Benton Bridge road Memorial Day 10 in crossing downstream to upper through Sep. 30. possession. Owens River fishing monument. (C) Upper Owens River Last Saturday in April 5 per day from fishing monument through July 31. 10 in (located about 1/4 mile possession. upstream from maximum Aug. 1 through Nov. 15. 2 lake level) to Crowley Lake. Minimum size limit: 18 inches total length. Only artificial lures with barbless hooks may be used. (D) From Pleasant Valley Jan. 1-Sept. 30. 2 Dam downstream to footbridge Oct. 1-Dec. 31. Only 0 artificial at lower end of Pleasant Valley lures with barbless hooks Campground. may be used. (E) From footbridge at lower All year. 0 end of Pleasant Valley Campground Only artificial lures east (downstream) 3.3 miles along with barbless hooks may Chalk Bluffs Road to the redwood be used. sport fishing regulations sign. (135) Pajaro River (Monterey, Dec. 1 through Mar. 7, 0 Santa Clara, Santa Cruz and San but only on Sat., Sun., Wed., Benito Cos.) from mouth to Uvas legal holidays and opening Creek. and closing days. Only barbless hooks may be used. (135.5) Parker Creek (Mono Co.). Last Saturday in 0 from the Lee Vining Conduit Apr. though Nov. 15. to Rush Creek. Only artificial lures with barbless hooks may be used (135.8) Upper Penitencia Creek Closed to all fishing all year (Santa Clara Co.) a tributary to Coyote Ck. (136) Pescadero Creek (San Dec. 1 through Mar. 7, 0 Mateo Co.) from mouth to the but only on Sat., Sun.,Wed., Stage Road bridge at Pescadero. legal holidays and opening and closing days. Only barbless hooks may be used. (137) Pescadero Creek tributaries Closed to all fishing and main stem above the Stage Road all year. bridge at Pescadero (Santa Clara and San Mateo Cos.). (138) Pillsbury Lake tributaries Last Saturday in Apr. 5 (Lake Co.). through Nov. 15. (139) Pine Creek and Pine Creek Closed to all fishing Slough (Lassen Co.) State Highway all year. 44. (See subsection (b)(61)(B).) (139.5) Pine Creek Saturday preceding 5 brown (Goose Lake Tributary) and Memorial Day trout per tributaries (Modoc Co.). through November day. 15. Only artificial 10 in lures with barbless possession. hooks may be used. No other species may be taken or possessed. (139.7) Pinole Creek (Contra Closed to all fishing all year Costa Co.) and tributaries. (140) Piru Creek (Los Angeles and Ventura cos.). (A) Piru Creek and tributaries All year. Only artificial 2 lures upstream of Pyramid Lake. with barbless hooks may be used. (B) From Pyramid Dam Closed to all fishing all downstream to the bridge year. approximately 300 yards below Pyramid Lake. (C) From the bridge approximately All year. Only artificial 0 lures 300 yards below Pyramid Lake with barbless hooks may downstream to the falls about 1/2 be used. mile above the old Highway 99 bridge. (141) Pit River (Shasta Co.). (A) From Pit No. 3 (Britton Dam) Last Saturday in Apr. 2 downstream to the outlet of through Nov. 15. Minimum the Pit No. 3 Powerhouse. size limit: 8 inches total length. Only artificial lures with barbless hooks may be used. (B) From Pit No. 7 dam All year 5 downstream to Shasta Lake. (143) Pole Creek and tributaries Closed to all fishing (Placer Co.) all year (144) Portuguese Creek, West Last Saturday in Apr. 0 Fork (Madera Co.) from headwaters through Nov. 15. Only downstream to confluence with artificial lures with barbless the East Fork Portuguese Creek. hooks may be used (146) Purisima Creek (San Mateo Last Saturday in Apr. 5 trout Co.). through Nov. 15 (147) Putah Creek (Solano and Last Saturday in April 5 Yolo Cos.) from Solano Lake to through Nov. 16. Monticello Dam. Nov. 16 through the Friday 0 preceding the last Saturday in April. Only artificial lures and barbless hooks may be used. (148) Redwood Creek and Closed to all fishing tributaries (Alameda Co.). all year (149) Redwood Creek and Closed to all fishing tidewaters (Marin Co.) all year (150) Redwood Creek (Humboldt Co.). Also see Section 8.00(b). (A) Redwood Creek main stem, Jan. 1 through Mar. 31. 1 hatchery within a radius of 200 yards Only artificial lures with trout or 1 of its mouth. barbless hooks may hatchery be used. steelhead** (B) Redwood Creek main stem, Fourth Saturday in May 1 hatchery from 200 yards above the mouth through Mar. 31. Only trout or 1 to the mouth of Bond Creek. barbless hooks may hatchery be used. steelhead** (C) Redwood Creek main stem, Fourth Saturday in May 1 hatchery from the mouth of Prairie Creek through Mar. 31. Only trout or 1 to the mouth of Bond Creek. artificial lures with hatchery barbless hooks may be steelhead** used. (D) Redwood Creek and Closed to all fishing all tributaries, above the mouth of Bond Creek. year. (150.5) Robinson Creek (Mono Co.). Last Saturday in 5 (A) From the U.S. April through Sept. 14 Forest Service boundary Sept. 15 through Nov. 15. 0 downstream to Upper Only artificial lures Twin Lake. with barbless hooks may be used. (B) Between Upper and Last Saturday in 5 Lower Twin Lakes. April through Sept. 14. (151) Rock Creek Diversion Closed to all fishing all Channel (Mono Co.). year. Rock Creek Diversion Channel from its source below Tom's Place to its confluence with Crooked Creek. (152) Rock Creek (Shasta Co.) Closed to all fishing from its confluence with Pit River all year to Rock Creek Falls (about one mile upstream) (152.5) Roosevelt Lake (Mono Last Saturday in Apr. 2 Co.). through Nov. 15. (153) Rush Creek (Mono Co.) only Last Saturday in Apr. 0 from Grant Lake Dam downstream through Nov. 15. to Mono Lake. Only artificial lures with barbless hooks may be used (154) Russian Gulch and tributaries (Sonoma Co.). Also see Section 8.00(c). Main stem below the Fourth Saturday in May 0 confluence of the East Branch. through Oct. 31. Only artificial lures with barbless hooks may be used. Nov. 1 through Mar. 31. 1 hatchery Only barbless hooks trout or 1 may be used. hatchery steelhead** (155) Russian River and tributaries (Sonoma and Mendocino Cos.). Also see Section 8.00(c). (A) Russian River main stem All year. Only artificial 2 hatchery below the confluence of the lures with barbless hooks trout or 2 East Branch. may may be used from hatchery April 1 through Oct. 31. steelhead** Only barbless hooks may be used from Nov. 1 through March 31. (B) Russian River main stem Closed to all fishing above the confluence of the all year. East Branch and all Russian River tributaries. (See subsections (b)(93) and (172) of Section 7.50.) (C) Russian River within 250 Closed to all fishing feet of the Healdsburg Memorial all year. Dam. (156) Sacramento River main stem Also see Special Salmon and Sacramento River tributaries Fishing Restrictions Sierra (Butte, Colusa, Contra Costa, District General Glenn, Sacramento, Shasta, Regulations (See Section Siskiyou, Solano, Sutter, Tehama 7.00(b)). and Yolo Cos.). (A) Sacramento River and Open All Year. 0 tributaries from Box Canyon Dam Only artificial lures with downstream to the Scarlett barbless hooks may be used. Way bridge in Dunsmuir. (B) Sacramento River and Last Saturday in Apr. 5 per day tributaries excluding Soda Creek through Nov. 15. 10 in from Scarlett Way bridge possession downstream to the county bridge at Sweetbriar (also, see subsection (b)(180.5) Soda Creek). (C) Sacramento River mainstem Nov. 16 through the 0 (excluding all tributaries) from Friday preceding the the Scarlett Way bridge last Sat. in Apr. Only downstream to the county artificial lures with bridge at Sweetbriar. barbless hooks may be used. (D) Sacramento River and Last Saturday in Apr. 2 tributaries from the county bridge through Nov. 15. Only at Sweetbriar downstream to Shasta artificial lures with barbless Lake (also, see subsection hooks may be used. (b)(39.3) Castle Creek). (E) Sacramento River mainstem Nov. 16 through the 0 (excluding all tributaries) from Friday preceding the the county bridge at Sweetbriar last Sat. in Apr. Only downstream to Shasta Lake. artificial lures with barbless hooks may be used. (F) Sacramento River Closed to all fishing all from Keswick Dam to 650 year. feet below Keswick Dam. (G) Sacramento River from 650 All year. Trout maximum 1 trout feet below Keswick Dam to the size limit: 16 inches. 0 salmon Deschutes Road bridge. Only barbless hooks may be used. (H) Sacramento River from the Jan. 15 through Mar. 31. 1 hatchery Deschutes Road Bridge to 500 trout or 1 feet upstream from Red Bluff hatchery Diversion Dam. steelhead** 0 salmon Apr. 1 through Jul. 31. 1 hatchery trout or 1 hatchery steelhead** and 1 wild trout ** 0 salmon Aug. 1 through Aug. 30. 1 hatchery trout or 1 hatchery steelhead** and 1 wild trout ** 2 salmon Aug. 31 through Jan. 14. 1 hatchery trout or 1 hatchery steelhead** 2 salmon (I) Sacramento River from Closed to all fishing 500 feet upstream from Red all year. Bluff Diversion Dam to 150 feet below the Lower Red Bluff (Sycamore) Boat Ramp. (J) Sacramento River from 150 July 16 through Dec. 31. 1 hatchery feet below the Lower Red Bluff trout or 1 (Sycamore) Boat Ramp to the hatchery Carquinez Bridge (includes Suisun steelhead** Bay, Grizzly Bay and all tributary 2 salmon sloughs). Jan. 1 through July 15. 1 hatchery trout or 1 hatchery steelhead** 0 salmon (157) Sagehen Creek (Nevada Co.). (A) From the stream gauging Closed to all fishing station (located about one-eight all year mile below Sagehen Creek Station Headquarters) upstream to about one-eight of a mile above the station headquarters at a point where the stream splits into two sections. (B) From the Highway 89 Last Saturday in 0 bridge upstream to the gauging Apr. through Nov. 15 station at the east boundary Only artificial lures of the Sagehen Creek Station. with barbless hooks may be used (158) Salinas River and tributaries (Monterey and San Luis Obispo Cos.). (A) The main stem Salinas River. Dec. 1 through Mar. 7, 0 but only on Sat., Sun.,Wed., legal holidays and opening and closing days. Only barbless hooks may be used. (B) All Salinas River tributaries Last Saturday in Apr. 0 trout upstream of Arroyo Seco River through Nov. 15. confluence (including the San Only barbless hooks may Antonio River below San Antonio be used. Reservoir and Dam, Paso Robles Creek and all its tributaries, Atascadero Creek, Santa Margarita Creek and its tributaries but excluding the Nacimiento River, which is covered in subsection (128) above). (159) Salmon Creek and tributaries (Sonoma Co.). Also see Section 8.00(c). (A) Salmon Creek main stem Fourth Saturday in May 0 below Highway 1. through Mar. 31. Only artificial lures with barbless hooks may be used from the fourth Saturday in May through Oct. 31. Only barbless hooks may be used from Nov. 1 through Mar. 31. (B) Salmon Creek main stem Closed to all fishing above Highway 1 and all all year Salmon Creek tributaries. (160) Salmon Creek and Last Saturday in Apr. 5 trout tributaries above Highway 1 through Nov. 15 (Monterey Co.). (161) Salmon River (Siskiyou See Klamath River Co.) Regulations subsection (b)(91.1)(F)3. (163) San Benito River and Last Saturday in Apr. 5 trout tributaries (San Benito Co.). through Nov. 15 0 salmon (164) San Clemente Creek and Last Saturday in Apr. tributaries (Monterey Co.) through Nov. 15 0 except for Trout Lake. Only artificial lures with barbless hooks may be used (165) San Clemente Reservoir Closed to all fishing (Monterey Co.). all year (165.2) San Diego Creek Saturday preceding 0 trout or (Orange Co.). Downstream of the Memorial Day through steelhead MacArthur Blvd. bridge only. Nov. 30. Only artificial lures with barbless hooks may be used. (165.5) Sand Bar Forebay See subsection (b)(187) (Tuolumne Co.). (166) San Francisquito Creek and Closed to all fishing tributaries (Santa Clara and San all year Mateo Cos.) (167) San Gabriel River, West fork and tributaries (Los Angeles Co.). (A) Upstream of Cogswell Dam All year. Only artificial 2 (including Cogswell reservoir lures with barbless hooks and its tributaries). may be used. (B) From Cogswell Dam All year. Only artificial 0 downstream to the second bridge lures with barbless hooks upstream from the Highway 39 may be used. bridge. (167.2) San Gabriel River Saturday preceding 0 trout Memorial (Los Angeles and Orange Cos.) Day through Nov. 30. or Upstream of the Highway 22 Only artificial lures with steelhead bridge to the start of barbless hooks may be concrete-lined portion of the river channel. used. (168) San Gregorio Creek (San Dec. 1 through Mar. 7, 0 Mateo Co.) from the mouth to the but only on Sat., Sun.,Wed., Stage Road bridge at San Gregorio. legal holidays and opening and closing days. Only barbless hooks may be used. (168.5) San Joaquin River. (A) From Friant Dam downstream All year. 5 trout to the Highway 140 bridge. 1 salmon (B) From the Highway 140 bridge Jan. 1 through Oct. 31. 0 trout downstream to the Highway 132 1 salmon bridge. Nov. 1 through Dec. 31. 0 trout 0 salmon (C) From the Highway 132 bridge Jan 1 through October 31. 0 trout downstream to the Interstate 5 1 salmon bridge at Mossdale. Nov. 1 through Dec. 31. 0 trout 0 salmon (168.6) San Juan Creek main stem Closed to all fishing all (Orange Co.). year. (169) San Lorenzo River (Santa Dec. 1 through Mar. 7, 0 Cruz Co.) from the mouth to the but only on Sat., Sun.,Wed., Lomond Street bridge in the town legal holidays and opening of Boulder Creek. and closing days. Only barbless hooks may be used. (170) San Luis Obispo Creek (San Dec. 1 through Mar. 7, 0 Luis Obispo Co.) from mouth to the but only Sat., Sun.,Wed., first and most southwestern legal holidays and opening highway 1/101 bridge (the first and closing days. bridge upstream from the lagoon). Only barbless hooks may be used. (170.1) San Luis Rey River (San Closed to all fishing all Diego Co.). year. (170.5) San Mateo Creek Closed to all fishing all and tributaries downstream year. from the falls between the Tenaja Road crossing and Fisherman's Camp (San Diego and Riverside Co's.). (171) San Simeon Creek (San Luis Dec. 1 through Mar. 7, 0 Obispo Co.) from mouth to the but only Sat., Sun.,Wed., pedestrian bridge in San Simeon legal holidays and opening Beach State Park. and closing days. Only barbless hooks may be used. (171.6) Santa Margarita River Closed to all fishing all and tributaries downstream year. from the Interstate 15 bridge (San Diego and Riverside Co's.). (171.7) Santa Paula Creek All year. 5 and tributaries above the falls located 3 miles upstream from the Highway 150 bridge (Ventura Co.). (172) Santa Rosa Creek (Sonoma Last Saturday in Apr. 0 Co. tributary to Russian River) through Nov. 15. Open to from Laguna de Santa Rosa to fishing for non-salmonids Highway 12 bridge. only, no salmon or trout may be taken (172.3) Santa Ynez River and Closed to all fishing all year. tributaries downstream from Bradbury Dam (Santa Barbara Co.). (172.5) Santa Ynez River and All year 2 tributaries upstream of Gibralter Dam (Santa Barbara County). (172.7) Sausal Creek Last Saturday in April 0 (Alameda Co.). and tributaries through Nov. 15. Only artificial lures with barbless hooks may be used. (173) Scott Creek (Santa Cruz Dec. 1 through Mar. 7, 0 Co.) from mouth to confluence but only Sat., Sun.,Wed., with Big Creek. legal holidays and opening and closing days. Only barbless hooks may be used (174) Scott River (Siskiyou Co.). See Klamath River Regu- lations subsection (b)(91.1)(F)4. (174.3) See Canyon Creek Closed to all fishing all (San Luis Obispo Co.). year. (174.5) Sespe Creek and All year. Only artificial 0 lures tributaries above Alder with barbless hooks may Creek confluence. be used. (Ventura Co.). (175) Shasta Lake (Shasta Co.). All year 5 (176) Shasta River (Siskyou Co.). See Klamath River Regulations subsection (b)(91.1)(F)5. (176.5) Sheepheaven See McCloud River and Creek and all tributaries tributaries regulations (Siskiyou Co.). 7.50(b)(115)(B). (177) Shovel Creek and See Klamath River tributaries (Siskiyou Co.). Regulations subsection (b)(91)(B), & (C). (177.2) Silver Creek Closed to all fishing (Mono County) all year. tributary to West Walker River and tributaries upstream from Silver Falls. (177.5) Silver Creek between Closed to all fishing Sworinger Lake and Lost Lake all year and all other tributaries to Sworinger Lake (Modoc and Lassen Cos.). (178) Silver King Creek and Closed to all fishing tributaries (Alpine Co.), all year including lakes, above Tamarack Lake Creek (within section 7 T7N R22E). (178.5) Sisquoc Creek All year. 0 and tributaries (Santa Only artificial lures with Barbara Co.). barbless hooks may be used. (179) Slinkard Creek and Aug. 1 through Nov. 15. 0 tributaries (Mono Co.) upstream Only artificial flies with from a Department of Fish and Game barbless hooks may be used. cable crossing located about 2.7 miles south of a point on Highway 89 two miles west of its junction with Highway 395 (the cable is located about 600 feet below a rock dam on Clinkard Creek within the south half of Section 21, T9N, R22E). (180) Smith River Drainage Also see Section 8.00(a). Note: for tributaries not listed in (A) through (D) below, see subsection (a)(4) of Section 7.00, (General Regulations for the North Coast District). (A) Main stem from the mouth to Fourth Saturday in May 1 wild trout confluence of Middle and South through Apr. 30. Only or steelhead forks. artificial lures with over 16 barbless hooks may be inches total used from the fourth length, or 1 Saturday in May through hatchery Aug. 31. trout or 1 hatchery steelhead [FNaa1] 1 king salmon, 2 cutthroat trout minimum size limit: 10 inches total length and 1 king salmon. No more than 5 wild trout or steelhead [FNaa1] over 16 inches total length may be kept per year. (B) Middle Fork Smith River 1. from mouth to Patrick Creek Fourth Saturday in 1 wild trout May through Mar. or steelhead 31. Only artificial over 16 lures with barbless inches total hooks may be used length, or 1 from the fourth Saturday hatchery in May through Aug. 31. trout or 1 hatchery steelhead [FNaa1] 1 king salmon, 2 cutthroat trout minimum size limit: 10 inches total length and 1 king salmon. No more than 5 wild trout or steelhead [FNaa1] over 16 inches total length may be kept per year. 2. above the mouth of Patrick Fourth Saturday in May 2 cutthroat Creek through Oct. 31. trout minimum Only artificial lures size limit: 10 with barbless hooks may inches total be used. length. No other salmonids may be taken. (C) South Fork Smith River Fourth Saturday in May 1 wild trout 1. from the mouth upstream through Mar. 31. Only or steelhead approximately 1,000 feet to the artificial lures with over 16 inches County Road (George Tryon) barbless hooks may be total length, bridge and Craigs Creek to Jones used from the fourth or 1 Creek. Saturday in May through hatchery Aug. 31. trout or 1 hatchery steelhead [FNaa1] and 2 cutthroat trout minimum size limit: 10 inches total length and 1 king salmon. No more than 5 wild trout or steelhead [FNaa1] over 16 inches total length may be kept per year. 2. from the George Tryon bridge Closed to fishing all year. upstream to the mouth of Craigs Creek. 3. above the mouth of Jones Fourth Saturday in May 2 cutthroat Creek. through Oct. 31. Only trout artificial lures with minimum barbless hooks may be size limit: 10 used. inches total length. No other salmonids may be taken. (D) North Fork Smith River 1. from the mouth to Stony Fourth Saturday in May 1 wild trout Creek through Mar. 31. or steelhead [FNaa1] Only artificial lures with over 16 barbless hooks may be inches used from the fourth total length, Saturday in May through or 1 Aug. 31. hatchery trout or 1 hatchery steelhead [FNaa1] and 2 cutthroat trout minimum size limit: 10 inches total length and 1 king salmon. No more than 5 wild trout or steelhead [FNaa1] over 16 inches total length may be kept per year. 2. above the mouth of Stony Fourth Saturday in May 2 cutthroat Creek through Oct. 31. Only trout artificial lures with minimum barbless hooks may size limit: 10 be used. inches total length. No other salmonids may be taken. (180.5) Soda Creek (Shasta Co.) Last Saturday in Apr. 0 through Nov. 15. Only artificial lures with barbless hooks may be used. (181) Sonoma Creek and tributaries (Sonoma Co.). Also see Section 8.00(c). (A) Sonoma Creek and Last Saturday in Apr. 5 tributaries above the through Nov. 15. Adobe Canyon road bridge. (B) Sonoma Creek and tributaries Closed to all fishing between the Adobe Canyon Road year. bridge and the Highway 121 bridge. Note: Sonoma Creek below the Highway 121 Bridge is tidewater, and is regulated by regulations for the Ocean and San Francisco Bay District (see sections 1.53 and 27.00). (182) Sonoma Lake tributaries (Sonoma Co.). (183) Soquel Creek (Santa Cruz Dec. 1 through Mar. 7, 0 Co.) from mouth to confluence but only on Sat., Sun., Wed., of East and West branch. legal holidays and opening and closing days. Only barbless hooks may be used. (184) Soulajoule Lake tributaries Last Saturday in Apr. through (Marin Co.). Nov. 15 (185) Squaw Valley Creek Last Saturday in Apr. 5 and tributaries (Shasta Co.) only through Nov. 15 from the bridge crossing on U S Forest Service road (#39N21) located one-eighth mile upstream of the mouth of Cabin Creek (Northwest 1/4 of Section 14, T38N, R3W) downstream to an including Tom Dow Creek. (186) Stanislaus River (Calaveras, San Joaquin, Stanislaus and Tuolumne Cos.). (A) From Goodwin Dam down- Jan. 1 through Oct. 31. 0 trout stream to the Highway 120 bridge Only artificial lures with 0 salmon in Oakdale. barbless hooks may be used. (B) From the Highway 120 bridge Jan. 1 through Oct. 31. 0 trout in Oakdale to the mouth. Bait may be used from 1 salmon Jan. 1 through Oct. 31. However, from April 1 through the Friday preceding the fourth Saturday in May, bait may be used only with single hooks having a gap between 1/2 and 1 inch, or with multiple hooks having a gap between 1/4 and 1/2 inch. (187) Stanislaus River, Middle Fork (Tuolumne Co.). (A) Beardsley Afterbay. All year minimum size 2 limit: 14 inches total length. Only artificial lures with barbless hooks may be used. (B) From Beardsley Dam Last Saturday in Apr. 2 downstream to the U. S. Forest through Nov. 15. Minimum Service footbridge at Spring Gap. size limit: 14 inches total length. Only artificial lures with barbless hooks may be used. (C) From the U.S. Forest Service Last Saturday in Apr. 2 footbridge at Spring Gap to New through Nov. 15 Melones Reservoir. (187.5) Stevens Creek (Santa Last Saturday in April 0 trout Clara Co.) downstream of Stevens through Nov. 15. Only 0 steelhead Reservoir. artificial lures with 0 salmon barbless hooks may be (See Article used. 4. Species Regulations for bag limits for other fish). (188) Stone Lagoon (Humboldt All year. 2 cutthroat Co.). Only artificial lures with trout No barbless hooks may other salmonids be used. shall be taken. Cutthroat trout minimum size limit: 14 inches. (189) Stony Creek, and tributaries (Colusa, Glenn and Lake Cos.). (A) From the headwaters Last Saturday in April 5 per day downstream to the diversion dam through Nov. 15. 10 in west of Stonyford in the center of possession Section 35, T18N, R7W, except the portion of Stony Creek Middle Nov. 16 through the Friday 0 Fork from Red Bridge upstream preceding the last Saturday (See subsection (b)(189)(B)). in April. Only artificial lures with barbless hooks may be used. (B) Stony Creek Middle Fork Last Saturday in April 2 from Red Bridge upstream. through Nov. 15. Only artificial lures with barbless hooks may be used. Nov. 16 through the Friday 0 preceding the last Saturday in April. Only artificial lures with barbless hooks may be used. (189.5) Susan River (Lassen Last Saturday in April 0 County) from the confluence of through November 15. Willard Creek and the Susan Only artificial lures with River, downstream to the Bizz barbless hooks may be Johnson trail bridge located used. approx. 1/4 mi. downstream from the 3 mi. marker on the Bizz Johnson trail. Also, see Section 8.10 for special open season for youths participating in Youth Fishing Derby. (190) Sweetwater River and Closed to all fishing all year. tributaries downstream from the Sweetwater Dam (San Diego Co.). (191) Sworinger Lake tributaries Closed to all fishing (Modoc and Lassen Cos.) upstream all year to the first lake (192) Tahoe Lake and tributaries (Placer and El Dorado Cos.). (A) Tahoe Lake tributaries July 1 through 5 per day upstream to the first lake. Sept. 30 10 in possession (B) Tahoe Lake except (192)(C) All year. 5, but no more below. than 2 mackinaw trout (C) Tahoe Lake within 300 feet July 1 through 5, but no of the mouth of its tributaries. Sept. 30. more than 2 mackinaw trout (193) Ten Mile River and tributaries (Mendocino Co.). Also see Section 8.00(c). Ten Mile River main stem Fourth Saturday in May 0 below the confluence with the through Oct. 31. Ten Mile River North Fork, and Only artificial lures with barbless the Ten Mile River North Fork hooks maybe used. below the confluence with Nov. 1 through Mar. 31. 1 hatchery Bald Hill Creek. Only barbless hooks may trout or 1 be used. hatchery steelhead** (193.5) Topanga Canyon Closed to all fishing all year. Creek and tributaries (Los Angeles Co.). (194) Topaz Lake (Mono Co.). Jan. 1 through Sept. 30 5 (194.5) Trabucco Creek (a.k.a. Closed to all fishing all year. Arroyo Trabucco Creek)(Orange Co.). Downstream of the I-5 bridge to the confluence with San Juan Creek (195) Trinity River. See Klamath River Regulations subsection (b)(91.1)(F)6. (195.5) Trout Lake (Siskiyou Only Wednesdays and 2 Co.). weekends from the last Saturday in April through Sept. 30. Only artificial lures may be used. (196) Truckee River (Nevada and Placer Cos.). (A) Truckee River for 1,000 feet Closed to all fishing all below the Lake Tahoe outlet dam. year. NOTE: THE AREA FROM 1,000 FEET BELOW THE LAKE TAHOE OUTLET DAM DOWNSTREAM TO TROUT CREEK IS REGULATED BY THE DISTRICT GENERAL REGULATIONS. (B) Truckee River from the Last Saturday in Apr. 2 confluence of Trout Creek through Nov. 15 downstream to the Glenshire Minimum size limit: 15 Bridge. inches total length. Only artificial lures with barbless hooks may be used (C) Truckee River from the Last Saturday in Apr. Glenshire Bridge downstream to through Nov. 15 Min. the mouth of Prosser Creek. size limit: 15 inches total length. Only artificial flies with barbless hooks may be used (D) Truckee River from the mouth Last Saturday in Apr. 2 of Prosser Creek downstream through Nov. 15. Minimum to Boca Bridge. size limit: 15 inches total length. Only artificial lures with barbless hooks may be used. (E) Truckee River from Boca Last Saturday in Apr. 2 Bridge downstream to the through Nov. 15. confluence of Gray Creek. NOTE: THE AREA FROM GRAY CREEK DOWNSTREAM TO THE NEVADA STATE LINE IS REGULATED BY THE DISTRICT GENERAL REGULATIONS. (197) Tule River and All year. 2 tributaries (Tulare Co.). (A) Tule River, North Fork Only artificial flies (Tulare Co.), only in the with barbless hooks North Fork Tule River may be used. and all its forks and tributaries above the confluence with Pine Creek (about 50 yards upstream from the Blue Ridge road bridge, about 12 1/4 miles north of Springville). (B) All remaining All year. 5 per day portions of the Tule River 10 in and tributaries. possession. (198) Tuolumne River (Stanislaus and Tuolumne Cos.). (A) From O'Shaughnessy Dam Last Saturday in April 2 (Hetchy Hetchy Reservoir) through Nov. 15. downstream to Early Intake Minimum size limit: Dam. 12 inches total length. Only artificial lures with barbless hooks may be used. (B) From Lumsden Bridge Last Saturday in Apr. 2 downstream to Clavey through Nov. 15 River Falls.. Maximum size limit: 12 inches total length Only artificial lures with barbless hooks may be used (C) From La Grange Dam Jan. 1 through Oct. 31. 0 trout downstream to Hickman bridge. Only artificial lures with 0 salmon barbless hooks may be used. (D) From Hickman bridge Jan. 1 through Oct. 31. 0 trout to the mouth. Bait may be used from 0 salmon Jan. 1 through Oct. 31. However, from April 1 through the Friday preceding the fourth Saturday in May, bait may be used only with single hooks having a gap between 1/2 and 1 inch, or with multiple hooks having a gap between 1/4 and 1/2 inch. (199) Upper Otay Lake (San Diego All year. Only artificial 0 for all Co.). lures with barbless hooks species my be used. (199.5) Upper Truckee River and July 1 through Sept. 30. 0 tributaries upstream from Only artificial lures with confluence with Showers Creek (Alpine and barbless hooks may be used. El Dorado Cos.). (200) Usal Creek and tributaries barbless hooks may be used. (Mendocino Co.). Also see Section 8.00(c). Usal Creek main stem below Fourth Saturday in May 0 the Usal-Shelter Cove Road through Oct. 31. Only artificial lures with barbless hooks may be used. Nov. 1 through Mar. 31. 1 hatchery Only barbless hooks may trout or 1 be used. hatchery steelhead** (201) Uvas or Carnadero Creek (Santa Clara Co.) (A) From Highway 152 Bridge Closed to all fishing to Uvas Dam. all year (B) From mouth to Highway Dec. 1 through Mar. 7, 0 152 Bridge. but only on Sat., Sun., Wed., legal holidays and opening and closing days. Only barbless hooks may be used. (202) Van Duzen River (Humboldt Co.). See Eel River Regulations No. (63)(B). Also see Supplemental Regulations Section 8.00(b). (203.5) Waddell Creek Dec. 1 through Mar. 7, 0 (Santa Cruz Co.) from mouth to but only Sat., Sun., Wed., Highway 1 bridge. legal holidays and opening and closing days. Only barbless hooks may be used. (204) Walker Creek and tributaries (Marin Co.) Also see Section 8.00(c). (A) Walker Creek main stem Fourth Saturday in May 0 below Highway 1. through Mar. 31. Only artificial lures with barbless hooks may be used from the fourth Saturday in May through Oct. 31. Only barbless hooks may be used from Nov. 1 through Mar. 31. (B) Walker Creek main stem Closed to fishing 2 above Highway 1 and all Walker all year. Creek tributaries. (204.5) Walker Creek (Mono Co.) Last Saturday in April 0 from the Lee Vining Conduit to through Nov. 15. Rush Creek. Only artificial lures with barbless hooks may be used. (205) Walker River, East Fork (Mono Co.) from Bridgeport Dam Last Saturday in Apr. 1 to Nevada State Line. through Nov. 15. Minimum size limit: 18 inches total length. Only artificial lures with barbless hooks may be used. NOTE: BOW AND ARROW FISHING FOR CARP ONLY IS PERMITTED DURING TROUT SEASON. (206) Walnut Creek (Contra Costa Co.) . (A) Upstream of the confluence Fourth Saturday in May 0 with Grayson Creek. through Mar. 31. Only artificial lure with barbless hooks may be used. (B) Downstream of the confluence All year. 0 with Grayson Creek. (206.5) Whiskey Creek (Mono Co.). (A) Whiskey Creek downstream Last Saturday in April 2 from Crowley Lake Drive through the Friday (old Highway 395). preceding Memorial Day and Oct. 1 through Nov. 15. Minimum size limit: 18 inches total length. Only artificial lures with barbless hooks may be used. Saturday preceding 5 per Memorial Day through day 10 Sept. 30. in possession. (B) Whiskey Creek Last Saturday in April 5 per day upstream from through Nov. 15. 10 in Crowley Lake Drive. possession. (207) Wildcat Creek and Closed all year tributaries (Contra Costa Co.) to fishing (208) Willow Creek and Saturday preceding 0 tributaries Memorial (tributary to Goose Lake, Modoc Day through Nov. 15. Co.). Only artificial lures with barbless hooks may be used. (209) Yellow Creek (Plumas Co.) Last Saturday in Apr. 2 from Big Springs downstream through Nov. 15 to the marker at the lower end of Maximum size limit: 10 Humbug Meadow. inches total length. Only artificial lures with barbless hooks may be used. (210) Yuba River, Middle Fork See No. (120). (Nevada and Sierra Cos.) from Jackson Meadows Dam downstream to Milton Lake. (211) Yuba River, North Fork Last Saturday in Apr. 2 (Sierra Co.) from the western through Nov. 15 boundary of Sierra City to the Minimum size limit: 10 confluence with Ladies inches total length. Only Canyon Creek artificial lures with barbless hooks may be used (212) Yuba River (Yuba and Nevada Cos.) from mouth to Englebright Dam. (A) From mouth to Jan. 1 through Feb. 28. 1 hatchery Daguerre Point Dam. Only artificial lures trout or 1 with barbless hooks hatchery may be used. steelhead** 2 salmon Mar. 1 through July 31. 1 hatchery Only artificial lures with trout or 1 barbless hooks may be hatchery used. steelhead** 0 salmon Aug. 21 through Oct. 15, 1 hatchery 2002 and Aug. 1 through trout or 1 Oct. 15 in subsequent hatchery years. Only artificial lures with steelhead** barbless hooks may be 2 salmon used. Oct. 16 through Dec. 31. 1 hatchery Only artificial lures with trout or 1 barbless hooks may be hatchery used. steelhead** 0 salmon (B) From Daguerre Point Dam to All year. Only artificial 1 hatchery Highway 20 Bridge. lures with barbless hooks trout or 1 may be used. hatchery steelhead** 0 salmon (C) From Highway 20 bridge to Dec. 1 through Aug. 31. 0 Englebright Dam. Only artificial lures with barbless hooks may be used. **Hatchery trout or steelhead are those showing a healed adipose fin clip (adipose fin is absent). Unless otherwise provided, all other trout and steelhead must be immediately released. Wild trout or steelhead are those not showing a healed adipose fin clip. Note: Authority cited: Sections 200, 202, 205, 215, 220, 240, 315 and 316.5, Fish and Game Code. Reference: Sections 200, 205, 206, 215 and 316.5, Fish and Game Code. s 8.00. Low-Flow Restrictions. (a) Eel River, Mad River, Mattole River, Redwood Creek, Smith River and Van Duzen River. Stream closures: Special Low Flow Conditions. From October 1 through January 31, any of the stream reaches listed in subsection (1) through (7) below shall be closed to all angling on Tuesday and Wednesday when the department determines that the flow on the previous Monday at any of the designated gauging stations is less than the minimum flows set forth in subsections (1) through (7); any of the stream reaches listed in subsections (1) through (7) below shall be closed to all angling on Thursday and Friday when the department determines that the flow on the previous Wednesday at any of the designated gauging stations is less than the minimum flows set forth in subsections (1) though (7); any of the stream reaches listed in subsections (1) through (7) below shall be closed to all angling from Saturday through Monday when the department determines that the flow on the previous Friday at any of the designated gauging stations is less than the minimum flows set forth in subsections (1) through (7). Notwithstanding this provision, the department may close or keep a stream reach closed to fishing when the minimum flow is exceeded on the scheduled flow determination day if the department is reasonably assured that the stream flow is likely to decrease below the minimum flow as specified in subsections (a)(1)-(7) of Section 8.00 before the next flow-determination date. In addition, the department may reopen a stream at any time during a closed period if the minimum flow as specified in subsections (a)(1)-(7) of Section 8.00 is exceeded and the department is reasonably assured that it will remain above the minimum flow until the next scheduled Monday, Wednesday, or Friday flow determination. The department shall make information available to the public by a telephone recorded message updated, as necessary, no later than 1:00 p.m. each Monday, Wednesday, and Friday as to whether any stream will be open or closed to fishing. It shall be the responsibility of the angler to use the telephone number designated in the sport fishing regulations booklet to obtain information on the status of any stream. (1) The main stem Eel River from the paved junction of Fulmor Road with the Eel River to the South Fork Eel River. Minimum Flow: 350 cfs at the gauging station near Scotia. (2) The South Fork of the Eel River downstream from Rattlesnake Creek and the Middle Fork Eel River downstream from the Black Butte River. Minimum Flow: 340 cfs at the gauging station at Miranda. (3) Van Duzen River: The main stem Van Duzen River from its junction with the Eel River to the Highway 36 bridge near Bridgeville. Minimum Flow: 150 cfs at the gauging station near Grizzly Creek Redwoods State Park. (4) Mad River: The main stem Mad River from the Hammond Trail Railroad Trestle to Cowan Creek. Minimum Flow: 200 cfs at the gauging station at the Highway 299 bridge. (5) Mattole River: The main stem of the Mattole River from the mouth to Honeydew Creek. Minimum Flow: 320 cfs at the gauging station at Petrolia. (6) Redwood Creek: The main stem of Redwood Creek from the mouth to its confluence with Bond Creek. Minimum Flow: 300 cfs at the gauging station near the Highway 101 bridge. (7) Smith River: The main stem Smith River from the mouth of Rowdy Creek, to its confluence with Patrick Creek; the South Fork Smith River from the mouth to its confluence with Jones Creek; and the North Fork Smith River from the mouth to its confluence with Stony Creek. Minimum Flow: 400 cfs at the Jedediah Smith Redwoods State Park gauging station. The number to call for information is (707) 442-4502. (b) Central Coast Streams: Stream Closures: Special Low Flow Conditions. From October 1 through April 1 in Napa River (Napa County) between Trancas Avenue in Napa and Lincoln Bridge in Calistoga, Sonoma Creek (Sonoma County), and all streams tributary to the Pacific Ocean (and its bays) in Mendocino, Sonoma, and Marin counties, except for the Russian River, shall be closed to all angling for a period of one week, commencing on any Thursday when the Department determines that the flow on the previous Wednesday morning at the gauging station on the main stem Russian River near Guerneville (Sonoma County) is less than 500 cfs. Notwithstanding this provision, the Department may immediately reopen the streams to fishing if it determines that such flows exceed 500 cfs and no negative impact to the resource would result. The Department shall make information available to the public by telephone recorded message, updated no later then 1:00 p.m. each Wednesday, as to whether any stream will be open or closed to fishing. It shall be the responsibility of the angler to use the telephone number designated in the sport fishing regulations booklet to obtain information on the status of any stream. THE NUMBER TO CALL FOR INFORMATION IS (707) 944-5533. (c) The Carmel River main stem shall be closed to all fishing when the department determines that the flow at the U. S. G. S. gauging station near Carmel is less than 135 cfs. The stream flow gauge will be checked on Tuesday and Friday of each week. The decision as to whether the river will be open or closed to fishing will take place only on Tuesday and Friday of each week. In the event that river flow changes above or below 135 cfs later in the week, the fishing status for the river will not change until the day following the next scheduled reading. It shall be the responsibility of the angler to use the telephone number designated in the sport fishing regulations booklet to obtain information on the status of the river. THE NUMBER TO CALL FOR INFORMATION IS (831) 649-2886. (d) South Central Coast Streams - Special Low Flow Closures: During December 1 through March 7 the following streams (subsections (1) through (7)) will be closed to fishing when the Department determines that stream flows are inadequate to provide fish passage for migrating steelhead trout and salmon. Closed streams will be reopened when the Department determines flows are adequate for fish passage. By December 2005, the Department will develop stream-flow values in cubic-feet-per-second at the below U.S.G.S. gauging stations that indicate when fish passage is impeded and streams are to be closed to fishing. (1) Upper Penitencia Ck. (Santa Clara Co.) and Lower Coyote Ck. below its confluence with Upper Penitencia Ck (U. S. G. S. gauging station on lower Coyote Ck. above St. Highway 237 in Milpitas). (2) Pescadero Creek and all anadromous reaches of San Mateo Co. coastal streams normally open for fishing, from Elliot Ck. through Milagro Ck., shall be closed to all fishing when the department determines that the Pescadero Ck. flows are impeding fish passge. (U. S. G. S. gauging station is on Pescadero Ck.) (3) The San Lorenzo River and all its tributarties, as well as all anadromous reaches of coastal streams normally open for fishing in Santa Cruz Co. from the San Lorenzo R. on North through Wadell Ck., shall be closed to all fishing when the department determines that the San Lorenzo flows are impeding fish passage. (U. S. G. S. gauging station in Henry Cowell Redwood State Park). (4) Aptos and Soquel Creeks (Santa Cruz Co.) shall be closed to all fishing when the department determines that the Soquel Ck. flows are impeding fish passage. (U. S. G. S. gauging station on Soquel Ck.). (5) The Pajaro River and Uvas, Llagas, and Corralitos Creeks, (Santa Cruz, Monterey, & Santa Clara Co.) shall be closed to all fishing when the department determines that the Pajaro R. flows are impeding fish passage. (U. S. G. S. gauging station on the lower Pajaro River). (6) The main stem of the Salinas River (Monterey Co.), below its confluence with the Arroyo Seco River shall be closed to all fishing when the department determines that the flows are impeding fish passage (U. S. G. S. Spreckels gauging station on the Salinas R.). (7) The Arroyo Seco River (MontereyCo.) shall be closed to all fishing when the department determines that the flows are impeding fish passage. (Flows to be evaluated at U. S. G. S. Spreckels gauging station on the Salinas R. and the U. S. G. S. gauging station near Geenfield on the Arroyo Seco R.). (8) The Carmel River main stem , and the adjacent waters of San Jose, Gibson, Malpaso, Soberanes Creeks that are West of Highway 1 (Monterey Co.), shall be closed to all fishing when the department determines that the flow at the U. S. G. S. gauging station near Carmel is less than 80 cfs. (9) The Big Sur River main stem west of the Highway 1 bridge, all of Limekiln Ck and its tributaries, and the anadromous portions of all other Big Sur Coast streams West of Highway 1 in Monterey Co., from Granite Ck. south to Salmon Ck., shall be closed to all fishing when the department determines that the flow at the U. S. G. S. gauging station on the Big Sur River is less than 40 cfs. The stream flow gauges referred to above in subsections (8) and (9) will be checked on Tuesday and Friday of each week. The decision as to whether these rivers will be open or closed to fishing will take place only on Tuesday and Friday of each week. In the event that river flow differs later in the week, the fishing status for each specific river will not change until the day following the next scheduled reading. It shall be the responsibility of the angler to use the telephone number designated in the sport fishing regulations booklet to obtain information on the status of any of the rivers or creeks listed above in subsections (1) through (9). THE NUMBER TO CALL FOR INFORMATION IS (831) 649-2886. NOTE: Note: Authority cited: Sections 200, 202, 205, 215 and 220, Fish and Game Code. Reference: Sections 200, 202, 205, 206 and 220, Fish and Game Code. s 8.01. Special Gear Provisions. Note: Authority cited: Sections 200, 202 and 210, Fish and Game Code. Reference: Sections 200, 202, 205 and 210, Fish and Game Code. s 8.05. Trout and Salmon. Note: Authority cited: Sections 200, 202, 205, 210, 219 and 220, Fish and Game Code. Reference: Sections 200-202, 203.1, 205-210 and 215-222, Fish and Game Code. s 8.07. Carmel River Winter Trout and Salmon Season, Limit and Special Provision (Monterey Co.), Only from Mouth to the Bridge at Robles Del Rio/Esquiline Roads. Note: Authority cited: Sections 200, 202, 205 and 210, Fish and Game Code. Reference: Sections 200,202, and 205-210, Fish and Game Code. s 8.08. El Estero Lake Restrictions (Monterey Co.). Note: Authority Cited: Sections 200, 202, 205 and 210, Fish and Game Code. Reference: Sections 200, 202 and 205-210, Fish and Game Code. s 8.10. Youth Fishing Derby, Susan River (Lassen County). The Susan River, from the second railroad tunnel (the westernmost) on the Biz Johnson Trail downstream to the Riverside Bridge in the City of Susanville, is open to fishing on the Saturday preceding the last Saturday in April, only to persons under 16 years of age who are registered for the fishing derby sponsored by the Lassen County Sportsmen's Club. FIN FISH -MINIMUM SIZE LIMITS, BAG AND POSSESSION LIMITS AND SEASONS Note: Authority cited: Sections 200, 202, 205, 215, 220, 240 and 315, Fish and Game Code. Reference: Sections 200, 205, 206 and 215, Fish and Game Code. s 8.15. Llagas Creek (Santa Clara Co.). Note: Authority cited: Sections 200, 202, 205, 210, 219 and 220, Fish and Game Code. Reference: Sections 200-202, 203.1, 205-210 and 215-222, Fish and Game Code. s 8.16. Los Padres Reservoir Closure (Monterey Co.). Note: Authority cited: Sections 200, 202, 205, 210, 219 and 220, Fish and Game Code. Reference: Sections 200-202, 203.1, 205-210 and 215-222, Fish and Game Code. s 8.20. Special Provisions Affecting California Indians. The department may issue permits (Permit to Take Fall-run Chinook Salmon in the Feather River Using Traditional Fishing Equipment and Methods of the Maidu Indian Tribe, Form FG 710 (4/01) which is incorporated by reference herein) to members of a Maidu Indian Tribe, allowing the take of fish in the Feather River for religious or cultural purposes, using traditional tribal fishing equipment and methods. The permits shall include any restrictions necessary to prevent damage to aquatic resources and to protect endangered or threatened species. All other fishing restrictions found in Chapters 1-3 of Subdivision 1 of Division 1, Title 14, CCR (Inland Sport Fishing Regulations) shall apply. Note: Authority cited: Sections 200, 202, 205 and 220, Fish and Game Code. Reference: Sections 200, 202, 205, 220 and 12300, Fish and Game Code. s 8.21. Mississippi Lake Trout Restrictions (Santa Clara Co.). Note: Authority cited: Sections 200, 202, 205, 210, 219 and 220, Fish and Game Code. Reference: Sections 200-202, 203.1,205-210 and 215-222, Fish and Game Code. s 8.25. Nacimiento River Season (Monterey and San Luis Obispo Cos.), Only from Nacimiento Reservoir to Hunter-Liggett Military Reservation. Note: Authority cited: Sections 200, 202, 205, 210, 219 and 220, Fish and Game Code. Reference: Sections 200-202, 203.1, 205-210 and 215-222, Fish and Game Code. s 8.27. Pajaro River (Monterey, Santa Clara, Santa Cruz and San Benito Cos.). Note: Authority cited: Sections 200, 202, 205, 210, 219 and 220, Fish and Game Code. Reference: Sections 200-202, 203.1, 205-210 and 215-222, Fish and Game Code. s 8.28. Pescadero Creek and Tributaries Closures (Santa Clara Co.). Note: Authority cited: Sections 200, 202 and 210, Fish and Game Code. Reference: Sections 200, 202, 205 and 210, Fish and Game Code. s 8.29. Redwood Creek and Tributaries Closures (Alameda Co.). Note: Authority cited: Sections 200, 202 and 210, Fish and Game Code. Reference: Sections 200, 202, 205 and 210, Fish and Game Code. s 8.30. San Clemente Creek and Tributaries Trout Restrictions, Except for Trout Lake (Monterey Co.). Note: Authority cited: Sections 200, 202 and 210, Fish and Game Code. Reference: Sections 200, 202, 205 and 210, Fish and Game Code. s 8.31. San Clemente Reservoir Closure (Monterey Co.). Note: Authority cited: Sections 200, 202 and 210, Fish and Game Code. Reference: Sections 200, 202, 205 and 210, Fish and Game Code. s 8.32. San Francisquito Creek and Tributaries Closures (Santa Clara and San Mateo Cos.). Note: Authority cited: Sections 200, 202 and 210, Fish and Game Code. Reference: Sections 200, 202, 205 and 210, Fish and Game s 8.35. Uvas or Carnadero Creek (Santa Clara Co.). Note: Authority cited: Sections 200, 202, 205, 210, and 220, Fish and Game Code. Reference: Sections 200-202, 203.1, 205-210 and 215-222, Fish and Game Code. s 8.40. Whale Rock Reservoir Trout Restrictions (San Luis Obispo Co.). Note: Authority cited: Sections 200, 202, 205, 210, 219 and 220, Fish and Game Code. Reference: Sections 200-202, 203.1, 205-210 and 215-222, Fish and Game Code. s 8.42. Wildcat Creek and Tributaries Closures (Contra Costa Co.). Note: Authority cited: Sections 200, 202 and 210, Fish and Game Code. Reference: Sections 200, 202, 205 and 210 of the Fish and Game Code. s 9.00. Definition. Note: Authority cited: Sections 200, 202, 205, 210, 219 and 220, Fish and Game Code. Reference: Sections 200-202, 203.1, 205-210 and 215-222, Fish and Game Code. s 9.10. Trout and Salmon. Note: Authority cited: Sections 200, 202, 205, 210, 219 and 220, Fish and Game Code. Reference: Sections 200-202, 203.1, 205-210 and 215-222, Fish and Game Code. s 9.11. Stream Closures: Special Low Flow Conditions. Note: Authority cited: Sections 200, 202, 205, and 210, Fish and Game Code. Reference: Sections 200, 202, and 205-210, Fish and Game Code. s 9.12. Central Coast Streams: Stream Closures: Special Low Flow Conditions. Note: Authority cited: Sections 200, 202, 205, 220, and 240, Fish and Game Code. Reference: Sections 200, 205 and 240, Fish and Game Code. s 9.15. Berryessa Lake Trout and Salmon Limit (Napa Co.). Note: Authority cited: Sections 200, 202, 205, 210, 219 and 220, Fish and Game Code. Reference: Sections 200-202, 203.1, 205-210 and 215-222, Fish and Game Code. s 9.20. Eel River Main Stem (Mendocino and Lake Cos.), Only from Mendocino-Trinity County Line to Scott Dam. (See North Coast District Regulations for Eel River in Humboldt and Trinity Cos.). Note: Authority cited: Sections 200, 202, and 210, Fish and Game Code. Reference: Sections 200, 202, 205 and 210, Fish and Game Code. s 9.21. Eel River, Middle Fork (Mendocino Co.), Only Main Stem from Mouth to Bar Creek. (See Section 9.23 for Restrictions) Note: Authority cited: Sections 200, 202 and 210, Fish and Game Code. Reference: Sections 200, 202, 205 and 210, Fish and Game Code. s 9.23. Eel River, Middle Fork Tributaries (Mendocino Co.), Only Those Portions of Middle Fork Eel River Tributaries Above the Indian Dick/Eel River Ranger Station Road. Note: Authority cited: Sections 200, 202 and 210, Fish and Game Code. Reference: Sections 200, 202, 205 and 210, Fish and Game Code. s 9.24. Eel River, North Fork (Mendocino Co.), Only Main Stem and Tributaries from Mouth to Trinity-Mendocino County Line. Note: Authority cited: Sections 200, 202 and 210, Fish and Game Code. Reference: Sections 200, 202, 205 and 210, Fish and Game Code. s 9.25. Eel River, South Fork (Mendocino Co.), Only Main Stem from Humboldt-Mendocino County Line to Rattlesnake Creek. Note: Authority cited: Sections 200, 202 and 210, Fish and Game Code. Reference: Sections 200, 202, 205 and 210, Fish and Game Code. s 9.26. Main Stem Eel River Restrictions (Mendocino and Lake Cos.), from Mendocino-Trinity County Line to Scott Dam. Note: Authority cited: Sections 200, 202, 205 and 210, Fish and Game Code. Reference: Sections 200-202, 203.1, 205, 210 and 220, Fish and Game Code. s 9.30. Main Stem Eel River Restrictions (Mendocino and Lake Cos.), Only Between Scott Dam and Cape Horn Dam. Note: Authority cited: Sections 200, 202, 205, 210, 219 and 220, Fish and Game Code. Reference: Sections 200-202, 203.1, 205-210 and 215-222, Fish and Game Code. s 9.35. Eel River, North Fork and Tributaries Trout and Salmon Restrictions (Mendocino Co.). Note: Authority cited: Sections 200, 202, 205, 210, 219 and 220, Fish and Game Code. Reference: Sections 200-202, 203.1, 205-210 and 215-222, Fish and Game Code. s 9.37. Gualala River Restrictions (Mendocino and Sonoma Cos.), Only from the Confluence of Wheatfield and South Forks to the Highway 1 Bridge. Note: Authority cited: Sections 200, 202, 205, 210, 219 and 220, Fish and Game Code. Reference: Sections 200-202, 203.1, 205-210 and 215-222, Fish and Game Code. s 9.38. Lagunitas Creek Closure (Marin Co.). Note: Authority: Sections 200, 202, 205 and 210, Fish and Game Code. Reference: Sections 200, 202, 205-210, Fish and Game Code. s 9.39. Lagunitas Lake Trout Restrictions (Marin Co.). Note: Authority: Sections 200, 202, 205 and 210, Fish and Game Code. Reference: Sections 200, 202, 205-210, Fish and Game Code. s 9.40. Noyo River Closure (Mendocino Co.). Note: Authority cited: Sections 200, 202, 205, 210, 219 and 220, Fish and Game Code. Reference: Sections 200-202, 203.1, 205-210 and 215-222, Fish and Game Code. s 9.45. Redwood Creek Closure (Marin Co.). Note: Authority cited: Sections 200, 202, 205, 210, 219 and 220, Fish and Game Code. Reference: Sections 200-202, 203.1, 205-210 and 215-222, Fish and Game Code. s 9.50. Russian River Closure (Sonoma Co.). Note: Authority cited: Sections 200, 202, 205, 210, 219 and 220, Fish and Game Code. Reference: Sections 200-202, 203.1, 205-210 and 215-222, Fish and Game Code. s 9.51. Russian River Tributaries (Sonoma Co.). Note: Authority cited: Sections 200, 202 and 210, Fish and Game Code. Reference: Sections 200, 202, 205 and 210, Fish and Game Code. s 9.52. Sonoma Creek (Sonoma Co.). Note: Authority cited: Sections 200, 205, 210, 219 and 220, Fish and Game Code. Reference: Sections 200-202, 203.1, 205-210 and 215-222, Fish and Game Code. s 9.53. Sonoma Lake Closure (Sonoma Co.). Note: Authority cited: Sections 200, 205, 210, 219, 220, 240 and 315.3, Fish and Game Code. Reference: Sections 200-202, 203.1, 205-210, 215-222 and 315.3, Fish and Game Code. s 9.54. Stafford Lake Closure (Marin Co.). Note: Authority cited: Sections 200, 202, 205, 210, 219 and 220, Fish and Game Code. Reference: Sections 200-202, 203.1, 205-210 and 215-222, Fish and Game Code. s 9.55. Ten Mile River (Mendocino Co.). Note: Authority cited: Sections 200, 202, 205, 210, 219 and 220, Fish and Game Code. Reference: Sections 200-202, 203.1, 205-210 and 215-222, Fish and Game Code. s 10.00. Definition. Note: Authority cited: Sections 200, 202, 205, 210, 219 and 220, Fish and Game Code. Reference: Sections 200-202, 203.1, 205-210 and 215-222, Fish and Game Code. s 10.03. Trout and Salmon. Note: Authority cited: Sections 200, 202, 205, 210 and 307, Fish and Game Code. Reference: Sections 200, 202, 205, 207, 209 and 307, Fish and Game Code. s 10.06. Almanor Lake Tributaries Closure (Lassen, Plumas and Shasta Cos.). Note: Authority cited: Sections 200, 202, 205, 210, 219 and 220, Fish and Game Code. Reference: Sections 200-202, 203.1, 205-210 and 215-222, Fish and Game Code. s 10.07. American River, North, Middle and South Forks Trout Season and Limit (El Dorado and Placer Cos.). Note: Authority cited: Sections 200, 202 and 210, Fish and Game Code. Reference: Sections 200, 202, 205 and 210, Fish and Game Code. s 10.09. Battle Creek (Shasta and Tehama Cos.). Note: Authority cited: Sections 200, 202, 205, 210, 219 and 220, Fish and Game Code. Reference: Sections 200-202, 203.1, 205-210 and 215-222, Fish and Game Code. s 10.10. Bear Creek and Tributaries Closures (Shasta and Siskiyou Cos.). Note: Authority cited: Sections 200, 202, 205, 210, 219 and 220, Fish and Game Code. Reference: Sections 200-202, 203.1, 205-210 and 215-222, Fish and Game Code. s 10.12. Big Trees Creek Closure (Tuolumne Co.). Note: Authority cited: Sections 200, 202, 205, 210, 219 and 220, Fish and Game Code. Reference: Sections 200-202, 203.1, 205-210 and 215-222, Fish and Game Code. s 10.13. Boca Lake Special Trout Size and Bag Limit (Nevada Co.). Note: Authority cited: Sections 200, 202, 205, 210, 220, 240 and 307, Fish and Game Code. Reference: Sections 200-202, 205, 207, 209, 215, 216, 218, 220-222 and 307, Fish and Game Code. s 10.15. Bucks Lake Tributaries Closure (Plumas Co.). Note: Authority cited: Sections 200, 202, 205, 210, 219 and 220, Fish and Game Code. Reference: Sections 200-202, 203.1, 205-210 and 215-222, Fish and Game Code. s 10.18. Butt Creek and Butt Creek Estuary Closures (Plumas Co.). Note: Authority cited: Sections 200-202, 205, 210, 219 and 220, Fish and Game Code. Reference: Sections 200-202, 203.1, 205-210 and 215-222, Fish and Game Code. s 10.19. Butt Valley Reservoir Trout Limit (Plumas Co.). Note: Authority cited: Sections 200, 202 and 210, Fish and Game Code. Reference: Sections 200, 202, 205 and 210, Fish and Game Code. s 10.20. By-Day Creek and Tributaries Closures (Mono Co.). Note: Authority cited: Sections 200, 202, 205, 210, 219, 220 and 315, Fish and Game Code. Reference: Sections 200-202, 203.1, 205-210, 215-222 and 315, Fish and Game Code. s 10.21. Calaveras River, North Fork Trout Season and Limit (Calaveras Co.), Only from Highway 49 Upstream to Ponderosa Way. Note: Authority cited: Sections 200, 202, 205, 210, 219 and 220, Fish and Game Code. Reference: Sections 200-202, 203.1, 205-210 and 215-222, Fish and Game Code. s 10.24. Carson River, East Fork and Tributaries Closures (Alpine Co.). Note: Authority cited: Sections 200, 202, 205, 210, 219 and 220, Fish and Game Code. Reference: Sections 200-202, 203.1, 205-210 and 215-222, Fish and Game Code. s 10.25. Carson River, East Fork Trout Restrictions (Alpine Co.), Only from Hangmans Bridge Downstream to Nevada State Line. Note: Authority cited: Sections 200, 202, 205 and 210, Fish and Game Code. Reference: Sections 200, 202, 205-210, Fish and Game Code. s 10.27. Convict Creek Closure (Mono Co.). Note: Authority cited: Sections 200, 202, 205, 210, 219 and 220, Fish and Game Code. Reference: Sections 200-202, 203.1, 205-210 and 215-222, Fish and Game Code. s 10.30. Corral Valley Creek and Tributaries Closures (Alpine Co.). Note: Authority cited: Sections 200, 202, 205, 210, 219 and 220, Fish and Game Code. Reference: Sections 200-202, 203.1, 205-210 and 215-222, Fish and Game Code. s 10.33. Cottonwood Creek Drainage Trout Restrictions (Inyo Co.). Note: Authority cited: Sections 200, 202, 205, 210, 219 and 220, Fish and Game Code. Reference: Sections 200-202, 203.1, 205-210 and 215-222, Fish and Game Code. s 10.34. Cottonwood Creek, North Fork and Tributaries Closures (White Mountains, Mono Co.). Note: Authority cited: Sections 200, 202, 205, 210, 219 and 220, Fish and Game Code. Reference: Sections 200-202, 203.1, 205-210 and 215-222, Fish and Game Code. s 10.35. Cottonwood Lakes and Tributaries Closures (Inyo Co.). Note: Authority cited: Sections 200, 202, 205, 210, 219 and 220, Fish and Game Code. Reference: Sections 200-202, 203.1, 205-210 and 215-222, Fish and Game Code. s 10.38. Coyote Valley Creek and Tributaries Closures (Alpine Co.). Note: Authority cited: Sections 200, 202, 205, 210, 219 and 220, Fish and Game Code. Reference: Sections 200-202, 203.1, 205-210 and 215-222, Fish and Game Code. s 10.40. Crooked Creek Closures (Mono Co.). Note: Authority cited: Sections 200, 202, 205 and 210, Fish and Game Code. Reference: Sections 200, 202 and 205-210, Fish and Game Code. s 10.41. Crooked Creek Closures (Mono Co.). Note: Authority cited: Sections 200, 202, 205, 210, 219 and 220, Fish and Game Code. Reference: Sections 200-202, 203.1, 205-210 and 215-222, Fish and Game Code. s 10.42. Crowley Lake Tributaries Trout Restrictions (Mono Co.). Note: Authority: Sections 200, 202, 205 and 210, Fish and Game Code. Reference: Sections 200, 202, 205-210, Fish and Game Code. s 10.44. Crowley Lake Seasons, and Special Restrictions and Tributaries Closures (Mono Co.). Note: Authority cited: Sections 200, 202, 205, 210, 219 and 220, Fish and Game Code. Reference: Sections 200-202, 203.1, 205-210 and 215-222, Fish and Game Code. s 10.45. Crowley Lake Trout Limit (Mono Co.). Note: Authority cited: Sections 200, 202, 205, 210, 219 and 220, Fish and Game Code. Reference: Sections 200-202, 203.1, 205-210 and 215-222, Fish and Game Code. s 10.48. Davis Lake Tributaries Closure (Plumas Co.). Note: Authority cited: Section 315, Fish and Game Code. Reference: Sections 315 and 315.5, Fish and Game Code. s 10.52. Diaz Lake Trout Season and Limit (Inyo Co.). Note: Authority cited: Sections 200, 202, 205, 210, 219 and 220, Fish and Game Code. Reference: Sections 200-202, 203.1, 205-210 and 215-222, Fish and Game Code. s 10.58. Eagle Lake and Tributaries Closures (Lassen Co.). Note: Authority cited: Sections 200, 202, 205, 210, 219 and 220, Fish and Game Code. Reference: Sections 200-202, 203.1, 205-210 and 215-22, Fish and Game Code. s 10.59. Eagle Lake Trout Limit (Lassen Co.). Note: Authority cited: Sections 200, 202, 205, 210, 219 and 220, Fish and Game Code. Reference: Sections 200-202, 203.1, 205-210 and 215-222, Fish and Game Code. s 10.60. Eagle Lake Tributaries Trout Restrictions (Lassen Co.). s 10.62. Fall River Restrictions (Shasta Co.). Note: Authority cited: Sections 200, 202, 205, 210, 219 and 220, Fish and Game Code. Reference: Sections 200-202, 203.1, 205-210 and 215-222, Fish and Game Code. s 10.65. Feather River, North Fork Trout Limits (Plumas Co.). Note: Authority cited: Sections 200, 202, 205, 210, 219 and 220, Fish and Game Code. Reference: Sections 200-202, 203.1, 205-210 and 215-222, Fish and Game Code. s 10.66. Golden Trout Wilderness Area Restrictions (Tulare Co.), All Waters Within the Golden Trout Wilderness. Note: Authority cited: Sections 200, 202, 205, 210, 219 and 220, Fish and Game Code. Reference: Sections 200-202, 201.1, 205-210 and 215-222, Fish and Game Code. s 10.68. Hat Creek No. 1 and Cassel Forebays Closures (Shasta Co.). Note: Authority cited: Sections 200, 202, 205, 210, 219 and 220, Fish and Game Code. Reference: Sections 200-202, 203.1, 205-210 and 215-222, Fish and Game Code. s 10.69. Hat Creek Restrictions (Shasta Co.), Only from Lake Britton Upstream to Baum Lake, Exclusive of the Concrete Hat #2 Intake Canal Between Baum Lake and the Hat #2 Powerhouse. Note: Authority cited: Sections 200, 202, 205, 210, 219 and 220, Fish and Game Code. Reference: Sections 200-202, 203.1, 205-210 and 215-222, Fish and Game Code. s 10.72. Heenan Lake Tributaries Closures (Alpine Co.). Note: Authority cited: Sections 200, 202, 205, 210, 219 and 220, Fish and Game Code. Reference: Sections 200-202, 203.1, 205-210 and 215-222, Fish and Game Code. s 10.73. Heenan Lake Restrictions (Alpine Co.). Note: Authority cited: Sections 200, 202 and 210, Fish and Game Code. Reference: Sections 200, 202, 205 and 210, Fish and Game Code. s 10.75. Hot Creek Trout Restrictions (Mono Co.), Only from the Upstream Property Line of the Hot Creek Ranch Downstream to Confluence with Owens River. Note: Authority cited: Sections 200, 202, 205, 210, 219 and 220, Fish and Game Code. Reference: Sections 200-202, 203.1, 205-210 and 215-222, Fish and Game Code. s 10.78. Independence Lake and Tributaries Trout Restrictions (Nevada and Sierra Cos.). Note: Authority cited: Sections 200, 202, 205, 210, 219 and 220, Fish and Game Code. Reference: Sections 200-202, 203.1, 205-210 and 215-222, Fish and Game Code. s 10.79. Independence Lake Lahontan Cutthroat Trout Limit (Nevada and Sierra Cos.). Note: Authority cited: Sections 200, 202, 205, 210, 219 and 220, Fish and Game Code. Reference: Sections 200-202, 203.1, 205-210 and 215-222, Fish and Game Code. s 10.82. Indian Tom Lake Trout Limit (Siskiyou Co.). Note: Authority cited: Sections 200, 202, 205, 210, 219 and 220, Fish and Game Code. Reference: Sections 200-202, 203.1, 205-210 and 215-222, Fish and Game Code. s 10.83. Inyo County, Southwestern Portion, Trout Season and Limit. Note: Authority cited: Sections 200, 202, 205, 210, 219 and 220, Fish and Game Code. Reference: Sections 200-202, 203.1, 205-210 and 215-222, Fish and Game Code. s 10.85. Junction Lake and Tributaries Closures (Mono Co.). Note: Authority cited: Sections 200, 202, 205, 210, 219 and 220, Fish and Game Code. Reference: Sections 200-202, 203.1, 205-210 and 215-222, Fish and Game Code. s 10.88. Kern Plateau (Sometimes Known as Tulare Plateau) Trout Restrictions (Tulare Co.). Note: Authority cited: Sections 200, 202, 205, 210, 219 and 220, Fish and Game Code. Reference: Sections 200-202, 203.1, 205-210 and 215-222, Fish and Game Code. s 10.91. Kern Lake Closure (Tulare Co.). Note: Authority cited: Sections 200, 202, 205, 210, 219 and 220, Fish and Game Code. Reference: Sections 200-202, 203.1, 205-210 and 215-222, Fish and Game Code. s 10.94. Kings River Gear Restrictions (Fresno Co.), Only from Garnet Dike Campground Upstream to Confluence of South and Middle Forks, South Fork Upstream to the Highway Crossing at Boyden Cave, and Middle Fork Upstream to the Western Boundary of Kings Canyon National Park. Note: Authority cited: Sections 200, 202, 205, 210, 219 and 220, Fish and Game Code. Reference: Sections 200-202, 203.1, 205-210 and 215-222, Fish and Game Code. s 10.96. Kings River Trout Limit (Fresno Co.), Only from Pine Flat Lake Upstream to Confluence of South and Middle Forks, South Fork Upstream to Bubbs Creek, and Middle Fork Upstream to West Boundary of Kings Canyon National Park. Note: Authority cited: Sections 200, 202, 205, 210, 219 and 220, Fish and Game Code. Reference: Sections 200-202, 203.1, 205-210 and 215-222, Fish and Game Code. s 10.98. Kirman (Carmen) Lake Trout Limit and Kirman Lake Tributaries Closure (Mono Co.). Note: Authority: Sections 200, 202, 205 and 210, Fish and Game Code. Reference: Sections 200, 202, 205-210, Fish and Game Code. s 11.00. Lassen Creek and Tributaries Closures (Modoc Co.). Note: Authority cited: Sections 200, 202, 205, 210, 219 and 220, Fish and Game Code. Reference: Sections 200-202, 203.1, 205-210 and 215-222, Fish and Game Code. s 11.03. Macklin Creek Closure (Nevada Co.). Note: Authority cited: Sections 200, 202, 205, 210, 219 and 220, Fish and Game Code. Reference: Sections 200-202, 203.1, 205-210 and 215-222, Fish and Game Code. s 11.06. Mammoth Pool and Tributaries Closures (Fresno and Madera Cos.). Note: Authority cited: Sections 200, 202, 205, 210, 219 and 220, Fish and Game Code. Reference: Sections 200-202, 203.1, 205-210 and 215-222, Fish and Game Code. s 11.09. Martis Lake Restrictions (Nevada and Placer Cos.). Note: Reference cited: Sections 200, 202, 205, 210, 219 and 220, Fish and Game Code. Reference: Sections 200-202, 203.1, 205-210 and 215-222, Fish and Game Code. s 11.10. Martis Lake Tributaries Closure (Nevada and Placer Cos.). Note: Authority cited: Sections 200, 202, 205, 210, 219 and 220, Fish and Game Code. Reference: Sections 200-202, 203.1, 205-210 and 215-222, Fish and Game Code. s 11.13. McCloud River Trout Restrictions (Shasta Co.). Note: Authority cited: Sections 200, 202, 205, 210, 219 and 220, Fish and Game Code. Reference: Sections 200-202, 203.1, 205-210 and 215-222, Fish and Game Code. s 11.14. McCloud River Basin Dolly Varden (Bull Trout) Limit (Shasta and Siskiyou Cos.). Note: Authority cited: Sections 200, 02, 205, 210, 219 and 220, Fish and Game Code. Reference: Sections 200-202, 203.1, 205-210 and 215-222, Fish and Game Code. s 11.16. McCloud Lake Trout Restrictions (Mono Co.). Note: Authority: Sections 200, 202, 205 and 210, Fish and Game Code. Reference: Sections 200, 202, 205-210, Fish and Game Code. s 11.17. Merced River Trout Restrictions (Mariposa Co.) Only from the Yosemite National Park Boundary Downstream to the Foresta Bridge. Note: Authority: Sections 200, 202, 205 and 210, Fish and Game Code. Reference: Sections 200, 202, 205-210, Fish and Game Code. s 11.18. Milton Lake and Middle Fork Yuba River Between Milton Lake and Jackson Meadows Dam Trout Restrictions (Nevada Co.). Note: Authority cited: Sections 200, 202, 205, 210, 219 and 220, Fish and Game Code. Reference: Sections 200-202, 203.1, 205-210 and 215-222, Fish and Game Code. s 11.19. Moccasin Creek Closure (Tuolumne Co.). Note: Authority cited: Sections 200, 202 and 210, Fish and Game Code. Reference: Sections 200, 202, 205 and 210, Fish and Game Code. s 11.20. Mono Creek Closures (Fresno Co.). Note: Authority cited: Sections 200, 202, 205, 210, 219 and 220, Fish and Game Code. Reference: Sections 200-202, 203.1, 205-210 and 215-222, Fish and Game Code. s 11.21. Murray Canyon Creek and Tributaries Closures (Alpine Co.). Note: Authority cited: Sections 200, 202, 205, 210, 219 and 220, Fish and Game Code. Reference: Sections 200-202, 203.1, 205-210 and 215-222, Fish and Game Code. s 11.23. Owens River Trout Restrictions (Inyo and Mono Cos.), Only Downstream from Crowley Lake Dam, Including Pleasant Valley and Tinemaha Lakes. Note: Authority cited: Sections 200, 202, 205, 210, 219 and 220, Fish and Game Code. Reference: Sections 200-202, 203.1, 205-210 and 215-222, Fish and Game Code. s 11.25. Pit River Trout Seasons and Limits (Shasta Co.). Note: Authority cited: Sections 200, 202, 205 and 210, Fish and Game Code. Reference: Sections 200, 202, and 205-210 Fish and Game Code. s 11.26. Pine Creek Closure (Lassen Co.). Note: Authority cited: Sections 200, 202, 205, 210, 219 and 220, Fish and Game Code. Reference: Sections 200-202, 203.1, 205-210 and 215-222, Fish and Game Code. s 11.29. Pleasant Valley Creek Trout Restrictions (Alpine Co.). Note: Authority cited: Sections 200, 202, 205, 210, 219 and 220, Fish and Game Code. Reference: Sections 200-202, 203.1, 205-210 and 215-222, Fish and Game Code. s 11.32. Pole Creek and Tributaries Closures (Placer Co.). Note: Authority cited: Sections 200, 202, 205, 210, 219 and 220, Fish and Game Code. Reference: Sections 200-202, 203.1, 205-210 and 215-222, Fish and Game Code. s 11.33. Portuguese Creek, West Fork Trout Restrictions (Madera Co.), Only from Headwaters Downstream to Confluence with the East Fork Portuguese Creek. Note: Authority cited: Sections 200, 202 and 210, Fish and Game Code. Reference: Sections 200, 202, 205 and 210, Fish and Game Code. s 11.35. Rock Creek Diversion Channel Closure (Mono Co.). Note: Authority cited: Sections 200, 202, 205, 210, 219 and 220, Fish an Game Code. Reference: Sections 200-202, 203.1, 205-210 and 215-222, Fish and Game Code. s 11.36. Rock Creek Closure (Shasta Co.). Note: Authority cited: Sections 200, 202, 205 and 210, Fish and Game Code. Reference: Sections 200, 202 and 205-210, Fish and Game Code. s 11.38. Rush Creek Closure (Mono Co.). Note: Authority cited: Sections 200, 202, 205, 210, 219 and 220, Fish and Game Code. Reference: Sections 200-202, 203.1, 205-210 and 215-222, Fish and Game Code. s 11.41. Sacramento River Tributaries Salmon Spawning Areas (Shasta Co.). Note: Authority cited: Sections 200, 202, 205, 210, 219 and 220, Fish and Game Code. Reference: Sections 200-202, 203.1, 205-210, 215-222 and 310, Fish and Game Code. s 11.42. Sacramento River Trout Limit (Shasta Co.), Only from Shasta Lake Upstream to Shotgun Creek. Note: Authority cited: Sections 200, 202, 205, 210, 219 and 220, Fish and Game Code. Reference: Sections 200-202, 203.1, 205-210 and 215-222, Fish and Game Code. s 11.44. Sagehen Creek Closure (Nevada Co.). Note: Authority cited: Sections 200, 202, 205, 210, 219 and 220, Fish and Game Code. Reference: Sections 200-202, 203.1, 205-210 and 215-222, Fish and Game Code. s 11.47. Silver King Creek and Tributaries Closures (Alpine Co.). Note: Authority cited: Sections 200, 202, 205, 210, 219 and 220, Fish and Game Code. Reference: Sections 200-202, 203.1, 205-210 and 215-222, Fish and Game Code. s 11.48. Slinkard Creek Closure (Mono Co.). Note: Authority cited: Sections 200, 202, 205 and 210, Fish and Game Code. Reference: Sections 200, 202 and 205-210, Fish and Game Code. s 11.50. Stanislaus River and Tributaries Closures (Alpine, Calaveras and Tuolumne Cos.). Note: Authority cited: Sections 200, 202, 205, 210, 219 and 220, Fish and Game Code. Reference: Sections 200-202, 203.1, 205-210 and 215-222, Fish and Game Code. s 11.51. Stanislaus River, Middle Fork Trout Restrictions (Tuolumne Co.). Note: Authority: Sections 200, 202, 205 and 210, Fish and Game Code. Reference: Sections 200, 202, 205-210, Fish and Game Code. s 11.53. Tahoe Lake and Tributaries Closures (Placer and El Dorado Cos.). Note: Authority cited: Sections 200, 202, 205, 210, 219 and 220, Fish and Game Code. Reference: Sections 200-202, 203.1, 205-210 and 215-222, Fish and Game Code. s 11.54. Tahoe Lake Trout Limit (Placer and El Dorado Cos.). Note: Authority cited: Sections 200, 202, 205 and 210, Fish and Game Code. Reference: Sections 200, 202, 205-210, Fish and Game Code. s 11.57. Topaz Lake Trout Season and Limit (Mono Co.). Note: Authority cited: Sections 200, 202, 205, 210, 219 and 220, Fish and Game Code. Reference: Sections 200-202, 203.1, 205-210 and 215-222, Fish and Game Code. s 11.63. Truckee River Closure (Placer Co.). Note: Authority cited: Sections 200, 202, 205, 210, 219 and 220, Fish and Game Code. Reference: Sections 200-202, 203.1, 205-210 and 215-222, Fish and Game Code. s 11.64. Truckee River Trout Restrictions (Nevada Co.). Note: Authority cited: Sections 200, 202 and 210, Fish and Game Code. Reference: Sections 200, 202, 205 and 210, Fish and Game Code. s 11.66. Tule River, North Fork Trout Restrictions (Tulare Co.), Only in the North Fork Tule River and All Its Forks and Tributaries Above the Confluence with Pine Creek (Approximately 50 Yards Upstream from the Blue Ridge Road Bridge, About 12 1/4 Miles North of Springville). Note: Authority cited: Sections 200, 202, 205, 210, 219 and 220, Fish and Game Code. Reference: Sections 200-202, 203.1, 205-210 and 215-222, Fish and Game Code. s 11.69. Tuolumne River and Tributaries Closures (Tuolumne Co.). Note: Authority cited: Sections 200, 202, 205, 210, 219 and 220, Fish and Game Code. Reference: Sections 200-202, 203.1, 205-210 and 215-222, Fish and Game Code. s 11.71. Walker River, East Fork Trout Restrictions (Mono Co.). Note: Authority cited: Sections 200, 202, 205, and 210, Fish and Game Code. Reference: Sections 200, 202, 205-210, Fish and Game Code. s 11.75. Willow Creek and Tributaries Closure (Tributary to Goose Lake, Modoc Co.). Note: Authority cited: Sections 200, 202, 205, 210, 219 and 220, Fish and Game Code. Reference: Sections 200-202, 203.1, 205-210 and 215-222, Fish and Game Code. s 11.80. Yellow Creek Trout Restrictions (Plumas Co.), Only from Big Springs Downstream to the Marker at the Lower End of Humbug Meadow. Note: Authority cited: Sections 200, 202 and 210, Fish and Game Code. Reference: Sections 200, 202, 205 and 210, Fish and Game Code. s 11.90. Yuba River, North Fork Trout Restrictions (Sierra Co.) from the Western Boundary of Sierra City to the Confluence with Ladies Canyon Creek. Note: Authority cited: Sections 200, 202, 205 and 210, Fish and Game Code. Reference: Sections 200, 202 and 205-210, Fish and Game Code. s 12.00. Definition. Note: Authority cited: Sections 200, 202, 205, 210, 219 and 220, Fish and Game Code. Reference: Sections 200-202, 203.1, 205-210 and 215-222, Fish and Game Code. s 12.03. Trout and Salmon. Note: Authority cited: Sections 200, 202, 205, 210, 219 and 220, Fish and Game Code. Reference: Sections 200-202, 203.1, 205-210 and 215-222, Fish and Game Code. s 12.06. American River Closure (Sacramento Co.). Note: Authority cited: Sections 200, 202, 205, 210, 219 and 220, Fish and Game Code. Reference: Sections 200-202, 203.1, 205-210 and 215-222, Fish and Game Code. s 12.07. American River Salmon Spawning Area (Sacramento Co.). Note: Authority cited: Sections 200, 202, 205, 210, 219 and 220, Fish and Game Code. Reference: Sections 200-202, 203.1, 205-210, 215-222 and 310, Fish and Game Code. s 12.08. American River Trout and Salmon Season and Limit (Sacramento Co.), Only from Mouth to Nimbus Dam. Note: Authority cited: Sections 200, 202, 205 and 210, Fish and Game Code. Reference: Sections 200, 202 and 205-210, Fish and Game Code. s 12.11. Antelope Creek Trout Season and Limit (Tehama Co.), Only from Mouth to U.S. Geological Survey Gauging Station Cable Crossing at Mouth of Antelope Creek Canyon. Note: Authority cited: Sections 200, 202, 205, 210, 219 and 220, Fish and Game Code. Reference: Sections 200-202, 203.1, 205-210 and 215-222, Fish and Game Code. s 12.14. Battle Creek Trout Closures, Seasons and Limit (Shasta and Tehama Cos.). Note: Authority: Sections 200, 202, 205 and 210, Fish and Game Code. Reference: Sections 200, 202, 205-210, Fish and Game Code. s 12.15. Battle Creek Salmon Fish Closure (Shasta and Tehama Cos.). Note: Authority: Sections 200, 202, 205 and 210, Fish and Game Code. Reference: Sections 200, 202, 205-210, Fish and Game Code. s 12.17. Bear Creek Closure (Merced Co.). Note: Authority cited: Sections 200, 202, 205, 210, 219, 220 and 240, Fish and Game Code. Reference: Sections 200-202, 203.1, 205-210 and 215-222, Fish and Game Code. s 12.18. Big Chico Creek Salmon and Trout Restriction (Butte Co.). Note: Authority cited: Sections 200, 202, 205, and 210, Fish and Game Code. Reference: Sections 200, 202, and 205-210, and Fish and Game Code. s 12.19. Black Butte River and Tributaries Closures (Glenn Co.). Note: Authority cited: Sections 200, 202, 205, 210, 219 and 220, Fish and Game Code. Reference: Sections 200-202, 203.1, 205-210 and 215-222, Fish and Game Code. s 12.21. Butte Creek Salmon Closure (Butte Co.). Note: Authority cited: Sections 200, 202, 205, 210, 219 and 220, Fish and Game Code. Reference: Sections 200-202, 203.1, 205-210 and 215-222, Fish and Game Code. s 12.22. Butte Creek Trout and Salmon Season and Limit (Butte Co.), Only from the Highway 99 Bridge South of Chico to the Centerville Head Dam. Note: Authority cited: Sections 200, 202, 205, 210, 219 and 220, Fish and Game Code. Reference: Sections 200-202, 203.1, 205-210 and 215-222, Fish and Game Code. s 12.25. Calaveras River Closure and Restriction (Calaveras Co.). Note: Authority: Sections 200, 202, 205 and 210, Fish and Game Code. Reference: Sections 200, 202, 205-210, Fish and Game Code. s 12.26. Calaveras River Trout Season and Limit (Calaveras Co.). Note: Authority cited: Sections 200, 202, 205, 210, 219 and 220, Fish and Game Code. Reference: Sections 200-202, 203.1, 205-210 and 215-222, Fish and Game Code. s 12.27. Chowchilla River Closure (Madera and Mariposa Cos.). Note: Authority cited: Sections 200, 202, 205, 220, 240 and 307, Fish and Game Code. Reference: Sections 200, 205 and 307, Fish and Game Code. s 12.29. Cosumnes River Salmon Spawning Area (Sacramento Co.). Note: Authority cited: Sections 200, 202, 205, 210, 219 and 220, Fish and Game Code. Reference: Sections 200-202, 203.1, 205-210, 215-222 and 310, Fish and Game Code. s 12.33. Deer Creek Trout Season and Limit (Tehama Co.), Only from Mouth to U.S. Geological Survey Gauging Station Cable Crossing to Mouth of Deer Creek Canyon. Note: Authority cited: Sections 200, 202, 205, 210, 219 and 220, Fish and Game Code. Reference: Sections 200-202, 203.1, 205-210 and 215-222, Fish and Game Code. s 12.36. Don Pedro Lake Closure (Tuolumne Co.). Note: Authority cited: Sections 200, 202 and 210, Fish and Game Code. Reference: Sections 200, 202, 205 and 210, Fish and Game Code. s 12.37. Eastman Lake Closure (Madera and Mariposa Cos.). Note: Authority cited: Sections 200, 202, 205, 220 and 240, Fish and Game Code. Reference: Sections 200 and 205, Fish and Game Code. s 12.39. Feather River Closure (Butte Co.). Note: Authority cited: Sections 200, 202, 205 and 210, Fish and Game Code. Reference: Sections 200, 202, 205 and 210, Fish and Game Code. s 12.40. Feather River Salmon Spawning Area (Butte Co.). Note: Authority cited: Sections 200, 202, and 210, Fish and Game Code. Reference: Sections 200, 202, 205 and 210, Fish and Game Code. s 12.41. Feather River Trout and Salmon Season and Limit (Butte, Sutter and Yuba Cos.), Only from Mouth to Thermalito Bicycle Bridge in Oroville. Note: Authority: Sections 200, 202, 205 and 210, Fish and Game Code. Reference: Sections 200, 202, 205-210, Fish and Game Code. s 12.42. Feather River, North Fork Trout Season and Limit (Butte Co.), Only Upstream from Poe Dam. Note: Authority cited: Sections 200, 202, 205, 210, 219 and 220, Fish and Game Code. Reference: Sections 200-202, 203.1, 205-210 and 215-222, Fish and Game Code. s 12.43. Kern River Trout Limit (Kern Co.), Only from Lake Isabella Upstream to the Tulare-Kern County Line. Note: Authority cited: Sections 200, 202, 205, 210, 219 and 220, Fish and Game Code. Reference: Sections 200-202, 203.1, 205-210 and 215-222, Fish and Game Code. s 12.43.5. Kings River, South Fork at Empire Weir #1 and Adjacent Pumping Station Bypass Closure (Kings County). Note: Authority cited: Section 315, Fish and Game Code. Reference: Section 315, Fish and Game Code. s 12.44. Kings River, South Fork at Empire Weir #1 and Adjacent Pumping Station Bypass Closure (Kings Co.). Note: Authority cited: Sections 200, 202, 205, 210, 219 and 220, Fish and Game Code. Reference: Sections 200-202, 203.1, 205-210 and 215-222, Fish and Game Code. s 12.45. Merced River Closure (Merced Co.). Note: Authority cited: Sections 200, 202, 205, 210, 219 and 220, Fish and Game Code. Reference: Sections 200-202, 203.1, 205-210, 215-222 and 310, Fish and Game Code. s 12.47. Mill Creek Trout Season and Limit (Tehama Co.), Only from Mouth to Howell Cable Crossing in Mouth of Mill Creek Canyon. Note: Authority cited: Sections 200, 202, 205, 210, 219 and 220, Fish and Game Code. Reference: Sections 200-202, 203.1, 205-210 and 215-222, Fish and Game Code. s 12.50. Mokelumne River Closure (San Joaquin Co.). Note: Authority cited: Sections 200, 202, 205, 210, 219 and 220, Fish and Game Code. Reference: Sections 200-202, 203.1, 205-210 and 215-222, Fish and Game Code. s 12.51. Mokelumne River Salmon Spawning Area (San Joaquin Co.). Note: Authority cited: Sections 200, 202, 205, 210, 219 and 220, Fish and Game Code. Reference: Sections 200-202, 203.1, 205-210, 215-222 and 310, Fish and Game Code. s 12.52. Mokelumne River Trout and Salmon Season and Limit (San Joaquin Co.), Only from Highway 99 Bridge to Camanche Dam. Note: Authority: Sections 200, 202, 205 and 210, Fish and Game Code. Reference: Sections 200, 202, 205-210, Fish and Game Code. s 12.55. Putah Creek Special Flyfishing Restrictions (Solano and Yolo Cos.), Only from Solano Lake Diversion Dam to Monticello Dam. Note: Authority cited: Sections 200, 202, 205, 210, 219 and 220, Fish and Game Code. Reference: Sections 200-202, 203.1, 205-210 and 215-222, Fish and Game Code. s 12.58. Sacramento River Closures (Shasta and Tehama Cos.). Note: Authority cited: Sections 200, 202, 205, 210, 219 and 220, Fish and Game Code. Reference: Sections 200-202, 203.1, 205-210 and 215-222, Fish and Game Code. s 12.59. Sacramento River and Sacramento Tributaries Salmon Spawning Area Closures (Butte, Colusa, Glenn, Shasta, Sutter and Tehama Cos.). Note: Authority cited: Sections 200, 202, 205, 210, 240, 315 and 315.3, Fish and Game Code. Reference: Sections 200, 202, 205-210, 240, 315 and 315.3, Fish and Game Code. s 12.60. Sacramento River Trout and Salmon Season and Limit. Note: Authority cited: Sections 200, 202, 205 and 220, Fish and Game Code. Reference: Sections 200 and 205, Fish and Game Code. s 12.61. Sacramento River Special Maximum Size Limit. Note: Authority cited: Sections 200, 202, 205, 220, 240 and 307, Fish and Game Code. Reference: Sections 200, 205 and 307, Fish and Game Code. s 12.63. Secret Ravine Creek and Tributaries Salmon Spawning Area (Placer Co.). Note: Authority cited: Sections 200, 202, 205, 210, 219 and 220, Fish and Game Code. Reference: Sections 200-202, 203.1, 205-210, 215-222 and 310, Fish and Game Code. s 12.65. Stanislaus River Special Trout Limit. Note: Authority cited: Sections 200, 202, 205 and 210, Fish and Game Code. Reference: Sections 200, 202 and 205-210, Fish and Game Code. s 12.66. Stanislaus River Salmon Spawning Area (Calaveras, San Joaquin, Stanislaus and Tuolumne Cos.). Note: Authority cited: Sections 200, 202, 205, 210, 219 and 220, Fish and Game Code. Reference: Sections 200-202, 203.1, 205-210, 215-222 and 310, Fish and Game Code. s 12.69. Stony Creek Salmon Spawning Area (Glenn Co.). Note: Authority cited: Sections 200, 202, 205, 210, 219 and 220, Fish and Game Code. Reference: Sections 200-202, 203.1, 205-210, 215-222 and 310, Fish and Game Code. s 12.72. Tulare, Kings and Kern Counties Special Limit. Note: Authority cited: Section 315, Fish and Game Code. Reference: Sections 315 and 315.5, Fish and Game Code. s 12.76. Tuolumne River Salmon Spawning Area (Stanislaus Co.). Note: Authority cited: Sections 200, 202, 205, 210, 219 and 220, Fish and Game Code. Reference: Sections 200-202, 203.1, 205-210, 215-222 and 310, Fish and Game Code. s 12.79. Willow Slough Closure (Sutter Co.). Note: Authority cited: Sections 200, 202, 205, 210, 219 and 220, Fish and Game Code. Reference: Sections 200-202, 203.1, 205-210 and 215-222, Fish and Game Code. s 12.82. Yuba River and Tributaries Salmon Spawning Area (Nevada and Yuba Cos.). Note: Authority cited: Sections 200, 202, 205, 210, 219 and 220, Fish and Game Code. Reference: Sections 200-202, 203.1, 205-210, 215-222 and 310, Fish and Game Code. s 12.83. Yuba River Trout and Salmon Season and Limit (Nevada and Yuba Cos.), Only from Mouth to Englebright Dam and Tributaries As Listed in Section 12.82. Note: Authority cited: Sections 200, 202, 205, 210, 219 and 220, Fish and Game Code. Reference: Sections 200-202, 203.1, 205-210 and 215-222, Fish and Game Code. s 13.00. Definition. Note: Authority cited: Sections 200, 202, 205, 210, 219 and 220, Fish and Game Code. Reference: Sections 200-202, 203.1, 205-210 and 215-222, Fish and Game Code. s 13.05. Trout and Salmon. Note: Authority cited: Sections 200, 202, 205, 210 and 240, Fish and Game Code. Reference: Sections 200, 202, 205-210 and 240, Fish and Game Code. s 13.10. Stream Closures: Special Low Flow Conditions. Note: Authority cited: Sections 200, 202, 205, and 210, Fish and Game Code. Reference: Sections 200, 202, and 205-210, Fish and Game Code. s 13.15. Balm of Gilead Creek Closure (Trinity Co.). Note: Authority cited: Sections 200, 202, 205, 210, 219 and 220, Fish and Game Code. Reference: Sections 200-202, 203.1, 205-210 and 215-222, Fish and Game Code. s 13.20. Bogus Creek and Tributaries Closures (Siskiyou Co.). Note: Authority cited: Sections 200, 202, 205, 210, 219 and 220, Fish and Game Code. Reference: Sections 200-202, 203.1, 205-210 and 215-222, Fish and Game Code. s 13.25. Eel River System Closures (Humboldt and Trinity Cos.). Note: Authority cited: Sections 200, 202, 205, 210, 219 and 220, Fish and Game Code. Reference: Sections 200-202, 203.1, 205-210 and 215-222, Fish and Game Code. s 13.30. Eel River, Middle Fork Trout Restrictions (Trinity Co.). Note: Authority cited: Sections 200, 202, 205, 210, 219 and 220, Fish and Game Code. Reference: Sections 200-202, 203.1, 205-210 and 215-222, Fish and Game Code. s 13.35. Klamath River Closures (Siskiyou and Humboldt Cos.). Note: Authority cited: Sections 200, 202, 205, 210, 219, 220 and 315, Fish and Game Code. Reference: Sections 200-202, 203.1, 205-210, 215-222 and 315, Fish and Game Code. s 13.36. Klamath River Salmon Restrictions (Siskiyou and Humboldt Cos.). Note: Authority cited: Sections 200, 202, 205, 210, and 240, Fish and Game Code. Reference: Sections 200, 202, 205-210, 240 and 315, Fish and Game Code. s 13.37. Klamath River Trout Restrictions (Siskiyou Co.), Only from the Klamath River Copco Lake Bridge Upstream to the Oregon Border. Note: Authority cited: Sections 200, 202, 205, and 210, Fish and Game Code. Reference: Sections 200, 202, and 205-210, Fish and Game Code. s 13.38. Klamath River Tributary Trout Restrictions (Humboldt, Siskiyou and Trinity Cos.). Note: Authority cited: Sections 200, 202, 205 and 210, Fish and Game Code. Reference: Sections 200, 202 and 205-210, Fish and Game Code. s 13.39. Klopp Lake Trout Restrictions (Humboldt Co.). Note: Authority cited: Sections 200, 202, 205, 210, 219 and 220, Fish and Game Code. Reference: Sections 200-202, 203.1, 205-210 and 215-222, Fish and Game Code. s 13.40. Mad River Closure (Humboldt Co.). Note: Authority cited: Sections 200, 202, 205, 210, 219 and 220, Fish and Game Code. Reference: Sections 200-202, 203.1, 205-210 and 215-222, Fish and Game Code. s 13.45. Mattole River Closure (Humboldt Co.). Note: Authority cited: Sections 200, 202, 205, 210, 219 and 220, Fish and Game Code. Reference: Sections 200-202, 203.1, 205-210 and 215-222, Fish and Game Code. s 13.50. Prairie Creek and Tributaries Closures (Humboldt Co.). Note: Authority cited: Sections 200, 202, 205, 210, 219 and 220, Fish and Game Code. Reference: Sections 200-202, 203.1, 205-210 and 215-222, Fish and Game Code. s 13.55. Redwood Creek Closure (Humboldt Co.). Note: Authority cited: Sections 200, 202, 205, 210, 219 and 220, Fish an Game Code. Reference: Sections 200-202, 203.1, 205-210 and 215-222, Fish and Game Code. s 13.60. Salmon River System Winter Trout Season and Limit (Siskiyou Co.), Only from Mouth to and Including the North and South Forks. Note: Authority cited: Sections 200, 202, 205, 210, 219 and 220, Fish and Game Code. Reference: Sections 200-202, 203.1, 205-210 and 215-222, Fish and Game Code. s 13.65. Scott River Winter Trout Season and Limit (Siskiyou Co.), Only from Mouth to the Fort Jones-Greenview Bridge. Note: Authority cited: Sections 200, 202, 205, 210, 219 and 220, Fish and Game Code. Reference: Sections 200-202, 203.1, 205-210 and 215-222, Fish and Game Code. s 13.70. Shasta River Closure (Siskiyou Co.). Note: Authority cited: Sections 200, 202, 205, 210, 219 and 220, Fish and Game Code. Reference: Sections 200-202, 203.1, 205-210 and 215-222, Fish and Game Code. s 13.71. Shasta River Winter Trout Season and Limit (Siskiyou Co.), Only from Mouth Upstream to Interstate 5 Bridge. Note: Authority cited: Sections 200, 202, 205, 210, 219 and 220, Fish and Game Code. Reference: Sections 200-202, 203.1, 205-210 and 215-222, Fish and Game Code. s 13.75. Shovel Creek and Tributaries Closures (Siskiyou Co.). Note: Authority cited: Sections 200, 202, 205 and 210, Fish and Game Code. Reference: Sections 200, 202, and 205-210, Fish and Game Code. s 13.80. Smith River, South Fork Closure (Del Norte Co.). Note: Authority cited: Sections 200, 202, 205, 210, 219 and 220, Fish and Game Code. Reference: Sections 200-202, 203.1, 205-210 and 215-222, Fish and Game Code. s 13.85. Trinity River Closures (Trinity Co.). Note: Authority: Sections 200, 202, 205 and 210, Fish and Game Code. Reference: Sections 200, 202, 205-210, Fish and Game Code. s 13.86. Trinity River and South Fork Trinity River Salmon Restrictions (Trinity Co.). Note: Authority cited: Sections 200, 202, 205, 210, and 240, Fish and Game Code. Reference: Sections 200, 202, 205-210, 240, and 315, Fish and Game Code. s 13.90. Trinity River Special Flyfishing Restrictions (Trinity Co.), Only from the Old Lewiston Bridge to a Point 250 Feet Below the Lewiston Dam. Note: Authority cited: Sections 200, 202, 205, 210, 219 and 220, Fish and Game Code. Reference: Sections 200-202, 203.1, 205-210 and 215-222, Fish and Game Code. s 13.95. Van Duzen River Trout Restrictions (Humboldt Co.), Only Between the Highway 36 Bridge at Bridgeville and the Confluence with the South Fork. Note: Authority cited: Sections 200, 202, 205, 210, 219 and 220, Fish and Game Code. Reference: Sections 200-202, 203.1, 205-210 and 215-222, Fish and Game Code. s 27.00. Definition. The Ocean and San Francisco Bay District consists of the open seas adjacent to the coast and islands or in the waters of those open or enclosed bays contiguous to the ocean, and including San Francisco and San Pablo bays plus all their tidal bays, tidal portions of their rivers and streams, sloughs and estuaries between Golden Gate Bridge and Carquinez Bridge, and the waters of Elkhorn Slough, west of Elkhorn Road between Castroville and Watsonville. Also see Section 1.53. FIN FISH -MINIMUM SIZE LIMITS, BAG AND POSSESSION LIMITS AND SEASONS Note: Authority cited: Sections 200, 202, 205, 215 and 220, Fish and Game Code. Reference: Sections 200, 202, 205, 206, 215 and 220, Fish and Game Code. s 27.05. Chumming. Chumming, including chumming with live bait, is permitted. Note: Authority cited: Sections 200, 202, 205, 210, 219 and 220, Fish and Game Code. Reference: Sections 200-202, 203.1, 205-210 and 215-222, Fish and Game Code. s 27.10. Live Bait Restrictions. Tilapia may not be used or possessed for use as bait in ocean waters. Note: Authority cited: Sections 200, 202, 205, 210, 219 and 220, Fish and Game Code. Reference: Sections 200-202, 203.1, 205-210 and 215-222, Fish and Game Code. s 27.15. Multi-Day Fishing Trips. The following provisions apply to anglers and to boat owners and operators when a Declaration for a Multi-Day Fishing Trip has been filed with the department. (a) Provisions related to the angler: Up to three daily bag and possession limits of saltwater fin fish, lobster and rock scallops and up to two daily bag and possession limits of abalone are allowed for a person fishing during a multi-day trip in ocean waters from a boat whose owner or operator has filed a Declaration for Multi-Day Fishing Trip, pursuant to the provisions of subsection (b) below. (1) The provisions of this section do not authorize any person to take more than one daily bag limit of fish during one calendar day. (2) The provisions of this section do not apply to the taking and possession of salmon, steelhead, striped bass and sturgeon. (b) Provisions related to the boat owner or operator who has filed for a Declaration for a Multi-Day Fishing Trip: (1) The owner or operator of a boat shall submit to the nearest department office a Declaration for Multi-Day Fishing Trip and payment as specified in Section 701. The Declaration for Multi-Day Fishing Trip shall include the following information: (A) Place, date and time of departure of the boat. (B) Place, date and estimated time of return of the boat. (C) Name of the boat. (D) Date and hour Declaration mailed or delivered to the department. (F) Additional requirements for Commercial Passenger Fishing Vessels: 1. The Commercial Boat Registration Number issued pursuant to Fish and Game Code Section 7880. 2. Copy of passenger manifest if fishing within 10 miles of the mainland shore of California. (2) The Declaration for Multi-Day Fishing Trip must be submitted to the nearest department office in order for any person aboard such boat to possess more than one bag limit of saltwater fin fish, abalone, lobster and rock scallops. If mailed, the Declaration for Multi-Day Fishing Trip must be received at least 48 hours prior to the date of the boat's departure. If the 48-hours advance notice is not met, the original copy of the form signed by an authorized department representative must be aboard the vessel during the trip. Forms will be accepted for authorization only during business hours of 8:00 a.m. to 5:00 p.m. (3) A Declaration for Multi-Day Fishing Trip may not be filed for a trip unless the trip is continuous and extends for a period of 12 hours or more on the first and last days of the trip and no berthing or docking is permitted within five miles of the mainland shore. (4) The owner or operator of a boat filing a Declaration for Multi-Day Fishing Trip shall prepare such form in duplicate, and shall require the duplicate to be posted in full view of the passengers aboard the boat. (5) All passengers must disembark at place of return as stated on the Declaration for Multi-Day Fishing Trip. Note: Authority cited: Sections 200, 202, 205, 219 and 220, Fish and Game Code. Reference: Sections 200, 202, 205, 220 and 7880, Fish and Game Code. s 27.20. Duxbury Reef Reserve (Marin Co.). Note: Authority cited: Sections 200, 202, 205, 210, 219 and 220, Fish and Game Code. Reference: Sections 200, 202, 205, 210 and 220, Fish and Game Code. s 27.25. Gerstle Cove Reserve (Sonoma Co.). Note: Authority cited: Sections 200, 202, 205, 210, 219 and 220, Fish and Game Code. Reference: Sections 200-202, 203.1, 205, 210 and 220, Fish and Game Code. s 27.30. Point Reyes Headlands Reserve (Marin Co.). Note: Authority cited: Sections 200, 202, 205, 210, 219 and 220, Fish and Game Code. Reference: Sections 200-202, 203.1, 205-210 and 220, Fish and Game Code. s 27.35. Estero de Limantour Reserve (Marin Co.). Note: Authority cited: Sections 200, 202, 205, 210, 219 and 220, Fish and Game Code. Reference: Sections 200-202, 203.1, 205-210 and 220, Fish and Game Code. s 27.40. Lover's Cove Reserve, Santa Catalina Island (Los Angeles Co.). Note: Authority cited: Sections 200, 202, 205, 210, 219 and 220, Fish and Game Code. Reference: Sections 200-202, 203.1, 205-210 and 215-222, Fish and Game Code. s 27.42. Pismo Invertebrate Reserve (San Luis Obispo Co.). Note: Authority cited: Sections 200, 202, 205, 210, 219 and 220, Fish and Game Code. Reference: Sections 200-202, 203.1, 205-210 and 215-222, Fish and Game Code. s 27.45. Point Cabrillo Reserve (Mendocino County). Note: Authority cited: Sections 200, 202, 205, 219 and 220, Fish and Game Code. Reference: Sections 200, 202, 205-210 and 220, Fish and Game Code. s 27.50. Point Loma Reserve (San Diego Co.). Note: Authority cited: Sections 200, 202, 205, 210, 219 and 220, Fish and Game Code. Reference: Sections 200-202, 203.1, 205-210 and 215-222, Fish and Game Code. s 27.51. Robert W. Crown Reserve (Alameda Co.). Note: Authority cited: Sections 200, 202, 205, 210, 219 and 220, Fish and Game Code. Reference: Sections 200-202, 203.1, 205-210 and 215-222, Fish and Game Code. s 27.52. South Humboldt Bay (Humboldt Co.). Note: Authority cited: Sections 200, 202, 205, 210, 219 and 220, Fish and Game Code. Reference: Sections 200-202, 203.1, 205-210 and 215-222, Fish and Game Code. s 27.53. Morro Bay (San Luis Obispo Co.). Note: Authority cited: Sections 200, 202, 205 and 240, Fish and Game Code. Reference: Sections 200-202, 205, 240, 5670 and 5672, Fish and Game Code. s 27.56. Take General. Except as otherwise provided, there are no closed season, closed hours or minimum size limits on fin fish in the Pacific Ocean including all saltwater bays except that in San Francisco Bay between the Golden Gate Bridge and the Carquinez Bridge and in saltwater tributaries to the bay within the area bounded by Interstate 80 and Highways 17, 101 and 37 fin fish may not be taken between one hour after sunset to one hour before sunrise except from shore or piers. Note: Authority cited: Sections 200, 202, 205, 210, 219 and 220, Fish and Game Code. Reference: Sections 200-202, 203.1, 205-210 and 215-222, Fish and Game Code. s 27.60. Limit. FIN FISH -MINIMUM SIZE LIMITS, BAG AND POSSESSION LIMITS AND SEASONS (a) General. No more than 20 finfish in combination of all species with not more than 10 of any one species, may be taken or possessed by any one person except as otherwise provided or as defined in subsection (e) below or in Section 195. (See Sections 27.70 through 28.62 for minimum size limits and poundage restrictions for certain species.) (b) Within the overall bag limit of 20 fish with not more than 10 of any one species, the following special limits apply: (1) Federal groundfish (as defined in Section 1.91) and species associated with federal groundfish (limited to greenlings of the genusHexagrammos, California sheephead, and ocean whitefish): (A) Rockfish, Cabezon, and Greenling complex (RCG complex), as defined in subsection 1.91(b) - 10 fish in total (also see Sections 27.82, 28.28, 28.29 and 28.55). Within the 10-fish RCG complex limit, the following sub-limits also apply: cabezon - one fish, greenlings of the genusHexagrammos - one fish, bocaccio - one fish, except in the Northern Rockfish and Lingcod Management Area (as defined in subsection 27.82(a)) where the sub-limit is two fish, canary rockfish - zero fish, cowcod - zero fish, and yelloweye rockfish - zero fish. (B) For species of federal groundfish that are not part of the Rockfish, Cabezon, and Greenling complex (RCG complex, see subsection (a)(1)(A) above), the following special limits apply: California scorpionfish - five fish (see Sections 27.82 and 28.54), leopard shark - three fish (see Section 28.56), lingcod - two fish (see Sections 27.82 and 28.27), and soupfin shark - one fish. See subsection (d) below for federal groundfish species with no limits. (C) For species associated with federal groundfish that are not part of the Rockfish, Cabezon, and Greenling complex (RCG complex, see subsection (a)(1)(A) above), the following special limits apply: California sheephead - five fish (see Section 28.26). (D) Bag and possession limits for all species of federal groundfish (as defined in Section 1.91, including rockfish, cabezon, lingcod, and California scorpionfish), greenlings of the genusHexagrammos, California sheephead, and ocean whitefish may be changed during the year or in-season by the department under the authority of subsection 27.82(e). The department will provide a news release notifying the public 10 days in advance of a change to daily bag limits for these species made under the authority of subsection 27.82(e). Anglers and divers are advised to check the current rules before fishing. The latest fishing rules may be found on the department's website at: www.dfg.ca.gov/mrd/, or by calling (831) 649-2801 for recorded information, or by contacting a department office. (2) For species other than federal groundfish (as defined in Section 1.91) and species associated with federal groundfish (limited to greenlings of the genusHexagrammos, California sheephead, and ocean whitefish), within the overall bag limit of 20 fish, the following special limits apply: Zero fish (Prohibited) One fish Two fish Three Fish Five Fish giant (black) sturgeon salmon (except trout In San Francisco and sea bass (see as provided taken San in from ocean and bays (except as Section Section 27.80) (see Pablo bays only, the provided in 27.90) Section 27.70) Section 28.10) surfperch daily bag limit is five fish in the aggregate. See Section 28.59 and subsection 27.60(c) for other surfperch bag limits. Garibaldi (see Pacific striped bass white California halibut halibut (see seabass (except (see (except as provided Section 28.05) Section Section 27.85) in Section as provided in 28.20) 28.35) Section 28.15) gulf grouper (see marlin broadbill (see swordfish Section Section 28.12) 28.50) (see Section 28.40) broomtail grouper sevengill blue shark shark (see Section 28.12) white shark (see sixgill thresher shark shark Section 28.06) shortfin mako shark (c) Special daily bag limits for shiner surfperch. (1) The special limit for shiner surfperch is 20, which may be taken or possessed in addition to the overall daily bag limit of 20 finfish defined in subsection 27.60(a) and the special limits defined in subsection 27.60(b). (d) There is no limit on the following species: Albacore, anchovy, bluefin tuna, grunion, jacksmelt, topsmelt, Pacific butterfish (pompano), queenfish, sanddabs, skipjack, jack mackerel, Pacific mackerel, Pacific staghorn sculpin, round herring, Pacific herring and Pacific sardine. There is no limit on the following species of federal groundfish: petrale sole, Pacific sanddab, and starry flounder. (e) Boat limit. When two or more persons that are licensed or otherwise authorized to sport fish in ocean waters off California or in the San Francisco Bay District, defined in Section 27.00, are angling for finfish aboard a vessel in these waters, fishing by all authorized persons aboard may continue until boat limits of those finfish identified under subsections (a) through (c) above are taken and possessed aboard the vessel as authorized under this section or Section 195, Title 14, CCR. (1) The authorization for boat limits aboard a vessel does not apply to fishing trips originating in California where fish are taken in other jurisdictions. (2) A boat limit for a species or species group identified in subsections (a) through (c) above is the number of persons aboard a vessel that are licensed or otherwise authorized to sport fish in ocean waters off California, or in waters of the San Francisco Bay District, (see special conditions of Section 195, Title 14, CCR, applicable to operator and crew members of vessels licensed pursuant to Fish and Game Code 7920.) multiplied by the individual daily bag limit authorized for a species or species group in those waters. With the exception of species listed in subsection (d) above, the total fish aboard a boat may not exceed the aggregate per-person daily bag limit of 20-finfish in combination of all species times the number of anglers licensed or otherwise authorized to sport fish aboard the vessel. It is unlawful to exceed the boat limit at any time. (3) All persons aboard a vessel may be cited where violations involving boat limits are found, including, but not limited to the following violations: (A) Over limits (B) Possession of prohibited species (C) Violation of size limits (D) Fish taken out of season or in closed areas. (4) Upon completion of a fishing trip aboard a vessel, each licensed angler or person otherwise authorized to sport fish may not possess more than the individual daily bag and possession limits defined in Section 1.17, Title 14, CCR and in subsections (a) through (c) above. For purposes of this section, a trip is completed at the time a person disembarks from a vessel and individual possession limits apply. Special boat limit provisions apply to persons fishing aboard commercial passenger fishing vessels reporting pursuant to Section 195, Title 14, CCR. (5) Species or species groups for which no daily bag limit exists under subsection (d) above are not counted as part of a boat limit. Note: Authority cited: Sections 200, 202, 7071 and 8587.1, Fish and Game Code. Reference: Sections 205, 210, 7071 and 7120, Fish and Game Code. s 27.65. Filleting of Fish on Vessels. (a) Definition of Fillet: For the purpose of this section a fillet is the flesh from one side of a fish extending from the head to the tail which has been removed from the body (head, tail and backbone) in a single continuous piece. (b) Fish That May be Filleted: No person shall fillet on any boat or bring ashore as fillets any fish, except in accordance with the following requirements: (1) Kelp bass, sand bass, spotted bass, and ocean whitefish: All fillets shall be a minimum of six and one-half inches in length. Each fillet shall bear intact a one-inch square patch of skin. (2) Barracuda: Fillets must be a minimum of 17 inches in length. Each fillet shall bear intact a one-inch square patch of silver skin. (3) Lingcod. Lingcod fillets must be a minimum of 16 inches in length. Each fillet shall bear intact a one-inch square patch of skin. The minimum size and minimum fillet size for lingcod may be changed during the year or in-season by the department under the authority of subsection 27.82(e). The department will provide a news release notifying the public 10 days in advance of a change to the minimum size and minimum fillet size for lingcod made under the authority of subsection 27.82(e). Anglers and divers are advised to check the current rules before fishing. The latest fishing rules may be found on the department's website at: www.dfg.ca.gov/mrd/, or by calling (831) 649-2801 for recorded information, or by contacting a department office. (4) White sea bass: Fillets must be a minimum of 19 inches in length. Each fillet shall bear intact a one-inch square patch of silver skin. (5) Pacific bonito: No more than 10 fillets of any length may be possessed. All bonito fillets possessed shall be considered a part of the allowable undersized tolerance of five bonito per day less than 24 inches fork length or weighing less than five pounds as provided in Section 28.32 of these regulations. All fillets shall bear intact a one-inch square patch of skin. (6) California halibut taken from or possessed aboard a vessel south of Point Arena (Mendocino County): Fillets must be a minimum of 16 and three-quarter inches in length and shall bear the entire skin intact. A fillet from a California halibut (flesh from one entire side of the fish with the entire skin intact) may not be cut in half fillets. However, a fillet may be cut lengthwise in a straight line along the midline of the fillet where the fillet was attached to the vertebra (backbone) of the fish only if the two pieces of a fillet remain joined along their midline for a length of at least two inches at one end of the fillet. (7) Yellowtail: Fillets must be a minimum of 17 inches in length, except not more than 10 fillets may be less than 17 inches. Each fillet shall bear intact a one-inch square patch of skin. (8) Rockfish: Fillets must have the entire skin attached. Brown-skinned rockfish: Fillets shall be a minimum of six and one-half inches in length. Bocaccio fillets must be a minimum of five inches in length. The minimum size and minimum fillet size for rockfish may be changed during the year or in-season by the department under the authority of subsection 27.82(e). The department will provide a news release notifying the public 10 days in advance of a change to the minimum size and minimum fillet size for rockfish made under the authority of subsection 27.82(e). Anglers and divers are advised to check the current rules before fishing. The latest fishing rules may be found on the department's website at: www.dfg.ca.gov/mrd/, or by calling (831) 649-2801 for recorded information, or by contacting a department office. (9) California scorpionfish (commonly termed "sculpin"): Fillets must be a minimum of 5 inches. Each fillet shall bear intact a one-inch square patch of skin. The minimum size and minimum fillet size for California scorpionfish may be changed during the year or in-season by the department under the authority of subsection 27.82(e). The department will provide a news release notifying the public 10 days in advance of a change to the minimum size and minimum fillet size for California scorpionfish made under the authority of subsection 27.82(e). Anglers and divers are advised to check the current rules before fishing. The latest fishing rules may be found on the department's website at: www.dfg.ca.gov/mrd/, or by calling (831) 649-2801 for recorded information, or by contacting a department office. (10) All other species except those listed in subsection (c) of this section: Each fillet shall bear intact a one-inch square patch of skin. The fillets may be of any size. (c) Fish That May Not be Filleted: No person shall fillet on any boat or bring ashore as fillets the following fish: cabezon, kelp and rock greenlings, California halibut north of Point Arena (Mendocino County), and any species of flatfish, other than California halibut, including Pacific and Greenland halibut, tonguefish, sole, turbot, flounder, and sanddab, and salmon, striped bass and sturgeon. Note: Authority cited: Sections 200 and 202, Fish and Game Code. Reference: Sections 200, 202, 205, 206, 220, 240, 5508 and 5509, Fish and Game Code. s 27.67. Transport of Recreational Fishing Vessel Through Areas Closed to Fishing. The department may authorize recreational vessels that have finfish in possession that were legally taken within a Rockfish and Lingcod Management Area defined in Section 27.82(a), Title 14, CCR, to transport those finfish through another Rockfish and Lingcod Management Area in which regulations governing the take and possession of those species are different. The permit described in this section is not required for vessels operating entirely within a Rockfish and Lingcod Management Area. Permission shall be granted on an annual permit signed by the Regional Manager of the department's Marine Region or an assigned designee. To apply for a permit, an owner or operator of a vessel required to obtain a commercial passenger fishing boat license, or a recreational angler shall submit an application for Permit Authorizing Transit of a Recreational Fishing Vessel Through Areas Closed to Fishing, and the fee for an annual permit or the fee for a permit for a period of 30 days or less as specified in Section 701. The permit shall be onboard the vessel when transiting waters closed to sport fishing. Note: Authority cited: Sections 200, 202, 205, 7071, 7923 and 8587.1, Fish and Game Code. Reference: Sections 200, 202, 205, 7071, 7923, 8585.5 and 8587.1, Fish and Game Code. s 27.70. Trout in the Ocean. (a) Methods of take: The trout must voluntarily take the bait or lure in its mouth. (b) Limit: Three, except the take of steelhead rainbow trout in the ocean is prohibited. Note: Authority cited: Sections 200, 202, 205, 210, 219 and 220, Fish and Game Code. Reference: Sections 200-202, 203.1, 205-210 and 215-222, Fish and Game Code. s 27.75. Salmon Closures. (a) No salmon may be taken in ocean waters at the mouth of the Smith and Klamath rivers within three nautical miles north and south of a line drawn due west for three nautical miles from the center of the mouth of each of said rivers. (b) No salmon may be taken during the months of August and September in ocean waters at the mouth of the Eel River within two nautical miles north and south of a line drawn due west for two nautical miles from the center of the mouth of said river. (c) No salmon may be taken during the month of August in ocean waters at the mouth of the Klamath River within six nautical miles north and south of a line drawn due west for three nautical miles from the center of the mouth of said river. Note: Authority cited: Sections 200, 202, 205, 210, 219 and 220, Fish and Game Code. Reference: Sections 200-202, 203.1, 205-210 and 215-222, Fish and Game Code. s 27.80. Salmon. (a) Methods of take: (1) General Provisions. Only by angling as defined in Section 1.05. No sinkers or weights exceeding four pounds may be used, except that a fishing line may be attached to a sinker or weight of any size if such sinker or weight is suspended by a separate line and the fishing line is released automatically by a mechanical device from the sinker or weight when any fish is hooked. See sections 1.74, 28.65 and 28.70. (2) Barbless Hooks. No more than two (2) single point, single shank barbless hooks shall be used in the ocean north of Point Conception (34 [FNo] 27 ' 00 "N. lat.) when salmon fishing or fishing from any boat or floating device with salmon on board. (3) Other Hook Restrictions. When fishing with bait in the ocean between Horse Mountain (40 [FNo] 05 '00 "N. lat.) and Point Conception, if angling by any other means than trolling, then no more than two (2) single point, single shank, barbless circle hooks shall be used. The distance between the two hooks must not exceed five inches when measured from the top of the eye of the top hook to the inner base of the curve of the lower hook, and both hooks must be permanently tied in place (hard tied). A circle hook is defined as a hook with a generally circular shape, and a point which turns inwards, pointing directly to the shank at a 90 degree angle. Trolling is defined as angling from a boat or floating device that is making way by means of a source of power, other than drifting by means of the prevailing water current or weather conditions. See Section 28.65(g). (4) One Rod Restriction north of Point Conception. Salmon may be taken by angling with no more than one rod in ocean waters north of Point Conception. See Section 28.65(e). (b) Season: (1) North of Horse Mountain (40 [FNo] 05 '00 "N. lat.) and Humboldt Bay. All waters of the ocean north of Horse Mountain and Humboldt Bay are open to salmon fishing from May 15, 2006 through July 4, 2006 and September 1 through September 6, 2006. (Note: In 2007, the season will be decided in April by the Pacific Fishery Management Council and California Fish and Game Commission and the section will be amended pursuant to the regulatory process). Exception: The ocean area surrounding the Klamath River mouth bounded on the north by 41 [FNo] 38'48"N lat. (approximately 6 nautical miles north of the Klamath River mouth), on the south by 41 [FNo] 26'48" N. lat. (approximately 6 nautical miles south of the Klamath River mouth), and extending 3 nautical miles offshore is closed to salmon fishing between August 1 and August 31. No salmon may be taken at any time in ocean waters at the mouths of the Smith and Klamath rivers and during August and September at the mouth of the Eel River. See Section 27.75. (2) Between Horse Mountain and Point Arena (38 [FNo] 57 '30 "N. lat.). All waters of the ocean between Horse Mountain and Point Arena are open to salmon fishing from February 18, 2006 through June 4, 2006; June 7 through June 11, 2006; June 14 through June 18, 2006; June 21 through June 25, 2006; June 28, 2006 through July 9, 2006; July 15 through July 16, 2006; July 22 through July 23, 2006; and July 26, 2006 through November 12, 2006. (Note: In 2007, the season will open February 17). (3) Between Point Arena and Pigeon Point (37 [FNo] 11 '00 "N. lat.). All waters of the ocean between Point Arena and Pigeon Point are open to fishing from April 1, 2006 through June 11, 2006; June 14, 2006 through July 9, 2006; and July 12, 2006 through November 12, 2006 (Note: In 2007, the season will open April 7). Exception: The San Francisco Bay will remain open to salmon fishing from April 1 to November 12 during any ocean closure. For purposes of this regulation, the San Francisco Bay is defined as the waters of San Francisco and San Pablo bays plus all their tidal bays, tidal portions of their rivers and streams, sloughs and estuaries between Golden Gate Bridge and Carquinez Bridge unless otherwise noted in Section 7.50. (4) Between Pigeon Point and Point Sur (36 [FNo] 18 '00 "N. lat.). All waters of the ocean between Pigeon Point and Point Sur are open to salmon fishing from April 1, 2006 through September 24, 2006 (Note: In 2007, the season will open April 7). (5) South of Point Sur. All waters of the ocean south of Point Sur are open to salmon fishing from April 1, 2006 through September 24, 2006 (Note: In 2007, the season will open April 7). (c) Limit: (1) Two salmon per day. See subsection (c)(2) below and Section 1.17. (2) Statewide Silver (coho) Salmon Restrictions: No silver (coho) salmon may be retained. (d) Minimum size: (1) North of Horse Mountain: Twenty-four inches total length. (2) South of Horse Mountain: Twenty inches total length. Note: Authority cited: Sections 200, 202, 205, 220, 240, 316.5 and 2084, Fish and Game Code. Reference: Sections 200, 202, 205, 316.5 and 2084, Fish and Game Code. s 27.82. Groundfish Management Areas, Seasons, Depths, Exceptions, and Fishery Closure/Rule Change Process Described. (a) Management areas and boundaries: Management areas and boundaries for all species of federal groundfish (as defined in Section 1.91 including rockfish, cabezon, lingcod, and California scorpionfish), greenlings of the genusHexagrammos, California sheephead, and ocean whitefish are defined as follows: (1) The Northern Rockfish and Lingcod Management Area means ocean waters between 42 ° 00'N. lat. (the Oregon/California border) and 40 ° 10'N. lat. (near Cape Mendocino, Humboldt County). (2) The North-Central Rockfish and Lingcod Management Area means ocean waters between 40 ° 10'N. lat. (near Cape Mendocino, Humboldt County) and 37 ° 11'N. lat. (at Pigeon Point, San Mateo County). (3) The Monterey South-Central Rockfish and Lingcod Management Area means ocean waters between 37 ° 11'N. lat. (at Pigeon Point, San Mateo County) and 36 ° 00'N. lat. (near Lopez Point, Monterey County). (4) The Morro Bay South-Central Rockfish and Lingcod Management Area means ocean waters between 36 ° 00'N. lat. (near Lopez Point, Monterey County) and 34 ° 27'N. lat. (at Point Conception, Santa Barbara County). (5) The Southern Rockfish and Lingcod Management Area means ocean waters between 34 ° 27'N. lat. (at Point Conception, Santa Barbara County) and the U.S./Mexico border including the Cowcod Conservation Areas defined in subsection (d) of this Section. (b) Seasons and depth constraints: The seasons and water depths (as described by lines connecting waypoints adopted in Federal regulations (50 CFR Part 660), or by general depth contour lines) where fishing is authorized for all species of federal groundfish (as defined in Section 1.91 including rockfish, cabezon, lingcod, and California scorpionfish), greenlings of the genusHexagrammos, California sheephead, and ocean whitefish are listed below for each Rockfish and Lingcod Management Area. Seasons and depth constraints may be changed during the year or in-season by the department under the authority of subsection 27.82(e). The department will provide a news release notifying the public 10 days in advance of a change to seasons and/or depth constraints for these species made under the authority of subsection 27.82(e). Anglers and divers are advised to check the current rules before fishing. The latest fishing rules may be found on the department's website at: www.dfg.ca.gov/mrd/, or by calling (831) 649-2801 for recorded information, or by contacting a department office. See subsection (c) for exceptions to these season and depth constraints. See also Section 27.83 for restrictions on fishing gear that apply when seasons or areas are closed to groundfish fishing. (1) Northern Rockfish and Lingcod Management Area: (A) January-June and November-December: closed in all water depths. (B) July-October: open only in waters less than 40 fathoms in depth as described by lines connecting waypoints adopted in Federal regulations (50 CFR Part 660). (2) The North-Central Rockfish and Lingcod Management Area: (A) January-June, and December: closed in all water depths. (B) July-November: open only in waters less than 20 fathoms in depth as described by general depth contour lines. (C) Waters less than 10 fathoms in depth as described by general depth contour lines around the Farallon Islands (off San Francisco and San Mateo counties), including Southeast Farallon Island, Middle Farallon Island, North Farallon Island and Noon Day Rock are closed to fishing at all times for all species of federal groundfish (as defined in Section 1.91 including rockfish, cabezon, lingcod, and California scorpionfish), greenlings of the genusHexagrammos, California sheephead, and ocean whitefish. (D) Waters of the Cordell Bank (off Marin County) less than 100 fathoms in depth as described by waypoints adopted in Federal regulations (50 CFR Part 660) are closed to fishing at all times for all species of federal groundfish (as defined in Section 1.91 including rockfish, cabezon, lingcod, and California scorpionfish), greenlings of the genusHexagrammos, California sheephead, and ocean whitefish. (3) The Monterey South-Central Rockfish and Lingcod Management Area: (A) January-June, and December: closed in all water depths. (B) July-November: open only in waters less than 20 fathoms in depth as described by general depth contour lines. (4) The Morro Bay South-Central Rockfish and Lingcod Management Area: (A) January-April, and October-December: closed in all water depths. (B) May-September: open only in waters between 20 fathoms in depth as described by general depth contour lines and 40 fathoms in depth as described by waypoints adopted in Federal regulations (50 CFR Part 660). (5) Southern Rockfish and Lingcod Management Area: (A) January-February: closed in all water depths. (B) March-June: open only in waters between 30 fathoms in depth as described by waypoints adopted in Federal regulations (50 CFR Part 660) and 60 fathoms in depth as described by waypoints adopted in Federal regulations (50 CFR Part 660) except that lingcod may not be taken or possessed in March at these depths. (C) July-September: open only in waters less than 40 fathoms in depth as described by lines connecting waypoints adopted in Federal regulations (50 CFR Part 660). (D) October-November: closed in all water depths. (E) December: closed in all water depths. (F) See subsection (d) for special depth regulations in Cowcod Conservation Areas. (c) Exceptions: The following are exceptions to the season and depth closures described in subsection (b) above: (1) In waters where fishing in specified depths is prohibited during an open season within the management area, all species of federal groundfish (as defined in Section 1.91 including rockfish, cabezon, lingcod, and California scorpionfish), greenlings of the genusHexagrammos, California sheephead, and ocean whitefish may be possessed aboard vessels in transit with no fishing gear in the water. (2) Other Flatfish managed under the Federal Pacific Coast Groundfish Fishery Management Plan (as defined in subsection 1.91(a)(10) may be taken with the gear authorized under subsection 27.83(b)(4), and retained in accordance with authorized daily bag and possession limits defined in Section 27.60. (3) During seasonal closures in management areas and in waters where fishing in specified depths is prohibited as described in subsection (b), when angling from shore (includes beaches, banks, piers, jetties, breakwaters, docks, and other man-made structures connected to the shore), all species of federal groundfish (as defined in Section 1.91 including rockfish, cabezon, lingcod, and California scorpionfish), greenlings of the genusHexagrammos, California sheephead, and ocean whitefish may be taken and retained, except lingcod may not be taken under this provision in any area during the months of January, February, March and December. All fish must be taken in accordance with authorized daily bag and possession limits defined in Section 27.60, and in accordance with established size limits. No motorized or non-motorized watercraft may be used to assist in taking or retaining fish while operating under this provision. (4) During seasonal closures in management areas and in waters where fishing in specified depths is prohibited pursuant to subsection (b), when diving and spearfishing (as authorized in Section 28.90), all species of federal groundfish (as defined in Section 1.91 including rockfish, cabezon, lingcod, and California scorpionfish), greenlings of the genusHexagrammos, California sheephead, and ocean whitefish may be taken and retained, except lingcod may not be taken under this provision in any area during the months of January, February, March and December. All fish must be taken in accordance with authorized daily bag and possession limits defined in Section 27.60, and in accordance with established size limits. Except for spearfishing gear, all other types of fishing gear are prohibited to be aboard the vessel or non-motorized watercraft while spearfishing for the purpose of retaining groundfish and associated species as authorized by this subsection. (5) Leopard shark may be taken and retained in the following bays: Humboldt Bay, Drakes Estero, San Diego Bay, Bolinas Bay, Tomales Bay, Bodega Harbor, San Francisco Bay, Elkhorn Slough, Newport Bay, Alamitos Bay, and Mission Bay. All leopard shark must be taken in accordance with authorized daily bag and possession limits defined in Section 27.60. (d) Cowcod Conservation Areas (CCAs). (1) Boundaries. Cowcod Conservation Areas (CCAs) for recreational fisheries means waters which are 20 fathoms in depth and deeper within each of the following two areas. Area 1 is an area south of Point Conception that is bound by straight lines connecting the following points in the order listed: 33 ° 50'N. lat., 119 ° 30'W. long.; 33 ° 50'N. lat., 118 ° 50'W. long.; 32 ° 20'N. lat., 118 ° 50'W. long.; 32 ° 20'N. lat., 119 ° 37'W. long.; 33 ° 00'N. lat., 119 ° 37'W. long.; 33 ° 00'N. lat., 119 ° 53'W. long.; 33 ° 33'N. lat., 119 ° 53'W. long.; 33 ° 33'N. lat., 119 ° 30'W. long.; 33 ° 50'N. lat., 119 ° 30'W. long.; and Area 2 is a smaller area west of San Diego that is bound by straight lines connecting the following points in the order listed: 32 ° 42'N. lat., 118 ° 02'W. long.; 32 ° 42'N. lat., 117 ° 50'W. long.; 32 ° 36'42"N. lat., 117 ° 50'W. long.; 32 ° 30'N. lat., 117 ° 53'30"W. long.; 32 ° 30'N. lat., 118 ° 02'W. long.; 32 ° 42'N. lat., 118 ° 02'W. long.; (2) At no time may a species of federal groundfish (as defined in Section 1.91 including rockfish, cabezon, lingcod, and California scorpionfish), or greenlings of the genusHexagrammos, California sheephead, or ocean whitefish be taken or possessed while fishing in the Cowcod Conservation Areas, except as follows: (A) Federal groundfish that are other flatfish (as defined in subsection 1.91(a)(10)) and caught with the fishing gear authorized in subsection 27.83(b)(4) may be taken. (B) Fishing for the following species is permitted in waters less than 20 fathoms during the open periods described in subsection (b)(5) above: nearshore rockfish (as defined in subsection 1.91(a)(1)), lingcod, cabezon, California scorpionfish, greenlings of the genusHexagrammos, California sheephead, ocean whitefish, and sanddabs and federal groundfish that are other flatfish (as defined in subsection 1.91(a)(10)), and caught with the fishing gear authorized in subsection 27.83(b)(4). (3) See Section 27.83 for restrictions on fishing gear within the Cowcod Conservation Areas. (e) Fishery closure and/or rule change: When the department determines, based on the best available scientific information, that an annual harvest limit [optimum yield (OY), recreational harvest guideline, or recreational harvest target] established in regulation by the NOAA Fisheries (National Marine Fisheries Service) for lingcod, rockfish, a subgroup of rockfish, cabezon, and/or California scorpionfish has been exceeded or is projected to be exceeded prior to the end of the year or that catches are less than predicted, the following rule changes may occur: (1) The department may modify the seasons for all or part of the recreational fishery for lingcod, rockfish, a subgroup of rockfish, California scorpionfish, cabezon, greenlings of the genusHexagrammos, California sheephead, ocean whitefish, and/or any federal groundfish (as defined in Section 1.91) in all or part of a Rockfish and Lingcod Management Area, depending on the level of lingcod, rockfish, a subgroup of rockfish, cabezon, and/or California scorpionfish catch in each area, for part or all of the balance of the calendar year. Season modifications may differ by geographic location, mode of fishing, or gear utilized. (2) The department may adjust existing bag or sub-bag limits or establish additional bag or sub-bag limits as needed for any species of federal groundfish (as defined in Section 1.91), for groups of rockfish, or for any combination of rockfish, lingcod, cabezon, greenlings of the genusHexagrammos, California scorpionfish, California sheephead, and ocean whitefish. Bag limits may differ by geographic location, time of year, mode of fishing, or gear utilized. (3) The department may adjust existing size limits or establish additional size limits as needed for any species of federal groundfish (as defined in Section 1.91 including rockfish, cabezon, lingcod, and California scorpionfish), greenlings of the genusHexagrammos, California sheephead, and ocean whitefish. Size limits may differ by geographic location, time of year, mode of fishing, or gear utilized. (f) Notice of closure and/or rule change: The department shall give the public and the National Marine Fisheries Service no less than 10 days notice of any fishery closure or rule change implemented pursuant to this Section via a department news release. Anglers and divers are advised to check the current rules before fishing. The latest fishing rules may be found on the department's website at: www.dfg.ca.gov/mrd/, or by calling (831) 649-2801 for recorded information, or by contacting a department office. Note: Authority cited: Sections 200, 202, 7071 and 8587.1, Fish and Game Code. Reference: Sections 205, 7071 and 8586, Fish and Game Code; and 50 C.F.R. 660. s 27.83. California Rockfish Conservation Area. California Rockfish Conservation Area (CRCA) means the ocean waters that are closed to recreational groundfish fishing at specified times, or closed in specified depths or areas. Restrictions on the use of fishing gear in the CRCA and Cowcod Conservation Areas (CCAs, defined in subsection 27.82(d)) serve to minimize interaction with groundfish and associated species when fishing for non-groundfish species. Restrictions described in this Section do not apply to vessels transiting the CRCA or CCAs with no fishing gear deployed in the water. (a) Species Restrictions. Unless specifically authorized in subsections 27.82(c) or (d), no species of federal groundfish (as defined in Section 1.91 including rockfish, cabezon, lingcod, and California scorpionfish), greenlings of the genusHexagrammos, California sheephead, or ocean whitefish may be targeted, taken, or possessed in the CRCA or CCAs. (b) Gear restrictions. When fishing in the CRCA and CCAs, not more than one hook or more than six ounces of weight may be used on a single line, except as provided: (1) Salmon (as defined in Section 1.73) - fishing for salmon is subject to gear restrictions specified in Sections 27.80 and 28.65. (2) Coastal pelagic species (as defined in Section 1.39) - Up to 12 No. 2 or smaller hooks and up to 2 pounds of weight may be used when fishing for coastal pelagic species. When fishing for squid, there is no limit of the number of squid jigs that may be used on a single line. A No. 2 hook means a fishing hook with a gap between the hook point and the shank at its closest point of 7/16 inch. A squid jig means a multi-pronged barbless hook with a 2-3 inch long, 1/4 to 3/4 inch thick, sometimes brightly-colored shank commonly used to catch coastal pelagic species. (3) Highly migratory species (as defined in Section 1.49), California halibut (Paralichthys californicus), and yellowtail (Seriola lalandi) - Up to 2 hooks and up to 1 pound of weight may be used when drifting for these species. (4) Sanddabs and federal groundfish that are other flatfish (as defined in subsection 1.91(a)(10)) - Up to 12 No. 2 or smaller hooks and up to 2 pounds of weight may be used when fishing for these species. A No. 2 hook means a fishing hook with a gap between the hook point and the shank at its closest point of 7/16 inch. (5) An additional hook (sliding or fixed) and downriggers with up to 5 pounds of weight may be used when trolling for species other than salmon. A downrigger means a device used to deploy one or more fishing lines (via a spool, davit, main line, and terminal weight) each with a terminal hook or lure to a desired depth in the water column and that uses a clip to hold each fishing line in place until a fish takes the terminal hook or lure at which time the fishing line pulls free of the clip. (6) When fishing in the CRCA from shore under authority of subsection 27.82(c)(3), the gear requirements of this subsection do not apply. (c) Spearfishing (as defined in Section 1.76). When spearfishing for groundfish and associated species in the CRCA under authority of subsection 27.82(c)(4), gear requirements of that subsection apply. If spearfishing for non-groundfish species, no special gear requirements apply. Note: Authority: Section 205, Fish and Game Code. Reference: Sections 200, 202 and 215, Fish and Game Code. s 27.85. Striped Bass. (a) Open season: All year. (b) Limit: Two. (c) Minimum size: (1) North of Pt. Conception, 18 inches total length. (2) South of Pt. Conception, no minimum size limit. (d) Methods of take: No striped bass may be taken while using a sinker weighing over four pounds, or while using any power driven gurdy or winch. Striped bass may only be taken by angling as defined in Section 1.05, Title 14, CCR; snagging is an illegal method of take. Note: Authority cited: Sections 200, 202 and 205, Fish and Game Code. Reference: Sections 200-202, 203.1, 205 and 220, Fish and Game Code. s 27.90. Sturgeon. (a) Open season: All year. (b) Daily bag limit: One. (c) Size limit: No fish less than 46 inches total length or greater than 72 inches total length may be taken or possessed. (d) Methods of take: The sturgeon must voluntarily take the bait or lure in its mouth. No sturgeon may be taken by trolling, snagging or by the use of firearms. Sturgeon may not be gaffed, nor shall any person use any type of firearm to assist in landing or killing any sturgeon. Note: Authority cited: Sections 200, 202, 205 and 220, Fish and Game Code. Reference: Sections 200, 205 and 206, Fish and Game Code. s 27.92. Green Sturgeon. Note: Authority cited: Sections 200, 202, 205, 220 and 240, Fish and Game Code. Reference: Sections 200, 205 and 206, Fish and Game Code. s 27.95. Sturgeon Closure. Sturgeon may not be taken in the following described area between January 1 and March 15: That portion of San Francisco Bay included within the following boundaries: A direct line between Pt. Chauncy (National Marine Fisheries Laboratory) and Pt. Richmond, the San Francisco-Oakland Bay Bridge and a direct line between Pt. Lobos and Pt. Bonita. Note: Authority cited: Sections 200, 202, 205, 210, 219 and 220, Fish and Game Code. Reference: Sections 200-202, 203.1, 205-210 and 215-222, Fish and Game Code. s 28.00. Grunion, California. May be taken June 1 through March 31. Note: Authority cited: Sections 200, 202, 205, 210, 219 and 220, Fish and Game Code. Reference: Sections 200-202, 203.1, 205-210 and 215-222, Fish and Game Code. s 28.05. Garibaldi. May not be taken or possessed. Note: Authority cited: Sections 200, 202, 205, 210, 219 and 220, Fish and Game Code. Reference: Sections 200-202, 203.1, 205-210 and 215-222, Fish and Game Code. s 28.06. White Shark. White shark may not be taken, except under permit issued by the Department pursuant to Section 1002 of the Fish and Game Code for scientific or educational purposes. Note: Authority cited: Sections 200, 202, 205 and 210, Fish and Game Code. Reference: Sections 200, 202, 205, 206, 210, 1002 and 5517, Fish and Game Code. s 28.10. Giant (Black) Sea Bass. (a) May not be taken off California. All fish taken incidental to other fishing activity shall be immediately returned to the water where taken. (b) Limit: Two per angler per trip when fishing south of United States-Mexico border. A valid fishing permit or license from the Mexican government constitutes proof that fish were taken legally. Note: Authority cited: Sections 200, 202, 205, 210, 219, 220, 7891 and 7923, Fish and Game Code. Reference: Sections 200-202, 203.1, 205-210, 215-222, 7891 and 7923, Fish and Game Code. s 28.12. Gulf Grouper and Broomtail Grouper. May not be taken or possessed. Note: Authority cited: Sections 200, 202, 205, 210, 219 and 220, Fish and Game Code. Reference: Sections 200-202, 203.1, 205-210 and 215-222, Fish and Game Code. s 28.15. Halibut, California. (a) Limit: Five in waters south of a line extending due west magnetic from Point Sur, Monterey County, and three in waters north of a line extending due west magnetic from Point Sur, Monterey County. (b) Minimum size: Twenty-two inches total length. Note: Authority cited: Sections 200, 202, 205, 206 and 220, Fish and Game Code. Reference: Sections 200, 202, 205, 206, 209, 215 and 220, Fish and Game Code. s 28.20. Halibut, Pacific. (a) Season: Pacific halibut may be taken only from May 1 through September 30. (b) Limit: One. (c) Minimum size: Thirty-two inches total length. Note: Authority cited: Sections 200, 202, 205, 210, 219 and 220, Fish and Game Code. Reference: Sections 200-202, 203.1, 205-210, 215 and 217.5-222, Fish and Game Code. s 28.25. Barracuda, California. Minimum size: Twenty-eight inches total length or seventeen inches alternate length. Note: Authority cited: Sections 200, 202, 205, 210, 219 and 220, Fish and Game Code. Reference: Sections 200-202, 203.1, 205-210 and 215-222, Fish and Game Code. s 28.26. California Sheephead. (a) Open season and areas: See Section 27.82. (b) Limit: Five. (c) Minimum size: 12 inches total length. (d) Fishing rules for California sheephead may be changed during the year or in-season by the department under the authority of subsection 27.82(e). The department will provide a news release notifying the public 10 days in advance of a change for this species made under the authority of subsection 27.82(e) or Section 52.10. Anglers and divers are advised to check the current rules before fishing. The latest fishing rules may be found on the department's website at: www.dfg.ca.gov/mrd/, or by calling (831) 649-2801 for recorded information, or by contacting a department office. Note: Authority cited: Sections 200, 202, 7071 and 8587.1, Fish and Game Code. Reference: Sections 205, 7071 and 8586, Fish and Game Code. s 28.27. Lingcod. (a) Open Season and areas: See Section 27.82. (b) Limit: Two. (c) Minimum size: 24 inches total length. (d) Method of take: Not more than two hooks and one line. For purposes of this section, a hook is a single hook, or double or treble hook with multiple points connected to a common shank. (e) Fishing rules for lingcod may be changed during the year or in-season by the department under the authority of subsection 27.82(e). The department will provide a news release notifying the public 10 days in advance of a change for this species made under the authority of subsection 27.82(e). Anglers and divers are advised to check the current rules before fishing. The latest fishing rules may be found on the department's website at: www.dfg.ca.gov/mrd/, or by calling (831) 649-2801 for recorded information, or by contacting a department office. Note: Authority cited: Sections 200, 202, 220 and 8587.1, Fish and Game Code. Reference: Sections 205 and 8586, Fish and Game Code; and 50 C.F.R. 660. s 28.28. Cabezon. (a) Open season and areas: See Section 27.82. (b) Limit: One fish, within a Rockfish, Cabezon, and Greenling complex (RCG complex, as defined in Section 1.91) bag limit of 10 fish. (c) Minimum size: 15 inches total length. (d) Fishing rules for cabezon may be changed during the year or in-season by the department under the authority of subsection 27.82(e) or Section 52.10. The department will provide a news release notifying the public 10 days in advance of a change for this species made under the authority of subsection 27.82(e). Anglers and divers are advised to check the current rules before fishing. The latest fishing rules may be found on the department's website at: www.dfg.ca.gov/mrd/, or by calling (831) 649-2801 for recorded information, or by contacting a department office. Note: Authority cited: Sections 200, 202, 7071 and 8587.1, Fish and Game Code. Reference: Sections 205, 210, 7071 and 8586, Fish and Game Code; and 50 C.F.R. 660. s 28.29. Kelp Greenling. Rock Greenling. (a) Open season and areas: See Section 27.82. (b) Limit: For greenlings of the genusHexagrammos, within a Rockfish, Cabezon, and Greenling complex (RCG complex, as defined in Section 1.91) bag limit of 10 fish, one fish. (c) Minimum size: 12 inches total length. (d) Fishing rules for kelp and rock greenlings may be changed during the year or in-season by the department under the authority of subsection 27.82(e) or Section 52.10. The department will provide a news release notifying the public 10 days in advance of a change for these species made under the authority of subsection 27.82(e). Anglers and divers are advised to check the current rules before fishing. The latest fishing rules may be found on the department's website at: www.dfg.ca.gov/mrd/, or by calling (831) 649-2801 for recorded information, or by contacting a department office. Note: Authority cited: Sections 200, 202, 7071 and 8587.1, Fish and Game Code. Reference: Sections 205, 210, 7071 and 8586, Fish and Game Code; and 50 C.F.R. 660. s 28.30. Kelp Bass, Barred Sand Bass and Spotted Sand Bass. (a) Minimum size: Twelve inches total length or eight and one-half inches alternate length. (b) Limit: Ten in any combination of species. Note: Authority cited: Sections 200, 202, 205, 210, 219 and 220, Fish and Game Code. Reference: Sections 200-202, 203.1, 205-210 and 215-222, Fish and Game Code. s 28.32. Pacific Bonito. (a) Limit: Ten. (b) Minimum size: Twenty-four inches fork length or five pounds except that: Five fish less than twenty-four inches fork length or weighing less than five pounds may be taken and possessed. (c) The provisions of this section shall only remain operative if the provisions of Section 8377 of the Fish and Game Code, pertaining to the commercial take of Pacific bonito, become operative on March 1, 1982 and remain operative. Note: Authority cited: Sections 200, 202, 205, 210, 219 and 220, Fish and Game Code. Reference: Sections 200-202, 203.1, 205-210 and 215-222, Fish and Game Code. s 28.35. White Seabass. (a) Minimum size: Twenty-eight inches total length or twenty and one-half inches alternate length. (b) Season: Open all year. (c) Limit: Three, except that only one fish may be taken in waters south of Pt. Conception between March 15 and June 15. Note: Authority cited: Sections 200, 202, and 210, Fish and Game Code. Reference: Sections 200, 202, 205 and 210, Fish and Game Code. s 28.37. Yellowtail. (a) Limit: Ten (b) Minimum size: Twenty-four inches fork length except that: Five fish less than twenty-four inches fork length may be taken or possessed. Note: Authority cited: Sections 200, 202, 205 and 215, Fish and Game Code. Reference: Sections 200, 202, 205 and 206, Fish and Game Code. s 28.40. Broadbill Swordfish. Limit: Two. Note: Authority cited: Sections 200, 202, 205, 210, 219 and 220, Fish and Game Code. Reference: Sections 200-202, 203.1, 205-210 and 215-222, Fish and Game Code. s 28.45. Surf Smelt (Night Smelt, Day Fish, Whitebait Smelt). Limit: Twenty-five pounds in combination. Note: Authority cited: Sections 200, 202, 205, 210, 219 and 220, Fish and Game Code. Reference: Sections 200-202, 203.1, 205-210 and 215-222, Fish and Game Code. s 28.50. Marlin. Limit: One. Note: Authority cited: Sections 200, 202, 205, 210, 219 and 220, Fish and Game Code. Reference: Sections 200-202, 203.1, 205-210 and 215-222, Fish and Game Code. s 28.54. California Scorpionfish (Sculpin). (a) Open season and areas: See Section 27.82. (b) Limit: Five. (c) Minimum size: 10 inches total length. (d) Fishing rules for California scorpionfish may be changed during the year or in-season by the department under the authority of subsection 27.82(e). The department will provide a news release notifying the public 10 days in advance of a change for this species made under the authority of subsection 27.82(e). Anglers and divers are advised to check the current rules before fishing. The latest fishing rules may be found on the department's website at: www.dfg.ca.gov/mrd/, or by calling (831) 649-2801 for recorded information, or by contacting a department office. Note: Authority cited: Sections 200, 202, 7071 and 8587.1, Fish and Game Code. Reference: Sections 205, 210, 220, 7071 and 8586, Fish and Game Code; and 50 C.F.R. 660. s 28.55. Rockfish (Sebastes). (a) Open seasons and areas: See Section 27.82. (b) Limit: Ten, within the Rockfish, Cabezon, and Greenling complex (RCG complex, as defined in Section 1.91) bag limit of 10 fish, in any combination of species, except bocaccio - one fish in the North-Central, Monterey South-Central, Morro Bay South-Central, and Southern Rockfish and Lingcod Management Areas (as defined in Section 27.82(a)) and two fish in the Northern Rockfish and Lingcod Management Area (as defined in Section 27.82(a)), canary rockfish - zero fish, cowcod - zero fish, and yelloweye rockfish - zero fish. (c) Size limit: None, except no bocaccio may be taken or possessed that is less than 10 inches in total length. (d) Method of take: Not more than two hooks and one line. For purposes of this section, a hook is a single hook, or a double or treble hook with multiple points connected to a common shank. (e) Fishing rules for rockfish may be changed during the year or in-season by the department under the authority of subsection 27.82(e). The department will provide a news release notifying the public 10 days in advance of a change for these species made under the authority of subsection 27.82(e). Anglers and divers are advised to check the current rules before fishing. The latest fishing rules may be found on the department's website at: www.dfg.ca.gov/mrd/, or by calling (831) 649-2801 for recorded information, or by contacting a department office. Note: Authority cited: Sections 200, 202, 215, 220, 7071 and 8587.1, Fish and Game Code. Reference: Sections 205, 215, 220, 7071 and 8585.5, Fish and Game Code. s 28.56. Leopard Shark. (a) Open season and areas: See Section 27.82; subsection 27.82(c)(5) provides for fishing in the following enclosed bays during federal groundfish season and depth closures: Humboldt Bay, Drakes Estero, San Diego Bay, Bolinas Bay, Tomales Bay, Bodega Harbor, San Francisco Bay, Elkhorn Slough, Newport Bay, Alamitos Bay, and Mission Bay. (b) Limit: three. (c) Minimum size: 36 inches total length. (d) Fishing rules for leopard shark may be changed during the year or in-season by the department under the authority of subsection 27.82(e). The department will provide a news release notifying the public 10 days in advance of a change for this species made under the authority of subsection 27.82(e). Anglers and divers are advised to check the current rules before fishing. The latest fishing rules may be found on the department's website at: www.dfg.ca.gov/mrd/, or by calling (831) 649-2801 for recorded information, or by contacting a department office. Note: Authority cited: Sections 200, 202, 205 and 210, Fish and Game Code. Reference: Sections 200, 202, 205, 206 and 210, Fish and Game Code. s 28.58. Ocean Whitefish. (a) Open Season and areas: See Section 27.82. (b) Fishing rules for ocean whitefish may be changed during the year or in-season by the department under the authority of subsection 27.82(e). The department will provide a news release notifying the public 10 days in advance of a change for this species made under the authority of subsection 27.82(e). Anglers and divers are advised to check the current rules before fishing. The latest fishing rules may be found on the department's website at: www.dfg.ca.gov/mrd/, or by calling (831) 649-2801 for recorded information, or by contacting a department office. Note: Authority cited: Sections 200, 202, 205, 210, 215 and 220, Fish and Game Code. Reference: Sections 200, 202, 205, 206, 215 and 220, Fish and Game Code. s 28.59. Surfperch. (a) For purposes of this Section, the term "surfperch" refers to all species of the familyEmbiotocidae, in any combination. (b) Open season: Open all year, except surfperch may not be taken or possessed by a person in San Francisco Bay and San Pablo Bay between April 1 and July 31, inclusive. Shiner surfperch (Cymatogaster aggregata) are exempt from this seasonal closure and may be taken and possessed up to their daily bag limit in these areas during the closure period. (c) Daily bag limits. (1) In San Francisco Bay and San Pablo Bay, the aggregate limit is five surfperch, not including shiner surfperch. For all other areas, the aggregate limit is 20 surfperch, not including shiner surfperch. Not more than 10 surfperch may be of any one species. (2) The special limit for shiner surfperch is 20, which may be taken or possessed in addition to the overall daily bag limit of 20 finfish defined in subsection 27.60(a) and the special limits defined in subsection 27.60(b). (d) Minimum size: redtail surfperch, ten and one-half inches total length. All other surfperch, none. Note: Authority cited: Sections 200, 202, 205, 215 and 220, Fish and Game Code. Reference: Sections 200, 202, 205, 206, 215 and 220, Fish and Game Code. s 28.60. Herring Eggs. Limit: Twenty-five pounds (including plants) wet weight. Note: Authority cited: Sections 200, 202, 205, 210, 219 and 220, Fish and Game Code. Reference: Sections 200-202, 203.1, 205-210 and 215-222, Fish and Game Code. s 28.62. Herring. Note: Authority cited: Sections 200, 202, 205, 210, 219 and 220, Fish and Game Code. Reference: Sections 200-202, 203.1, 205-210 and 215-222, Fish and Game Code. s 28.65. General. Except as provided in this article, fin fish may be taken only on hook and line or by hand. Any number of hooks and lines may be used in all ocean waters and bays except: (a) San Francisco and San Pablo bays between the Golden Gate Bridge and the west Carquinez Bridge, where only one line with not more than three hooks may be used. (b) On public piers, no person shall use more than two rods and lines, two hand lines, or two nets, traps or other appliances used to take crabs. (c) When rockfish (genus Sebastes ) or lingcod ( Ophiodon elongatus ) are aboard or in possession, where only one line with not more than two hooks may be used pursuant to sections 28.55 or 28.27, respectively. (d) No gaff hook shall be used to take or assist in landing any fin fish shorter than the minimum size limit. For the purpose of this section a gaff hook is any hook with or without a handle used to assist in landing fish or to take fish in such a manner that the fish does not take the hook voluntarily in its mouth. No person shall take fin fish from any boat or other floating device in ocean waters without having a landing net in possession or available for immediate use to assist in landing undersize fish of species having minimum size limits; the opening of any such landing net shall be not less than eighteen inches in diameter. (e) North of Point Conception (34<>o 27 '00 " N. lat.), where only one rod and line may be used by each angler fishing for salmon, or fishing from any boat or floating device with salmon on board. (f) Mousetrap gear prohibited: It is unlawful to use, assist in using, or to possess aboard any vessel, hook-and-line gear commonly termed "mouse traps" constructed of a hook(s) or lure(s), attached to one end of a line that is attached to a float, or floats at the other end, and that when fished, is not attached directly to a person or vessel. Possession of such gear aboard a vessel shall be prima facie evidence that the gear is being used in violation of this regulation. (g) North of Point Conception to Horse Mountain, Section 27.80(a)(3) applies to each angler fishing for salmon or fishing from any boat or floating device with salmon on board. Note: Authority cited: Sections 200, 202, 205, 215, 220, 240 and 7071, Fish and Game Code. Reference: Sections 200, 202, 205, 206, 215, 220, 240 and 8585.5, Fish and Game Code. s 28.70. Weight, Power Driven Gurdies or Power Driven Winches. (a) No sinker or weight weighing more than four pounds, nor any power driven gurdy or power driven winch, may be used in any ocean waters or saltwater bays north of Point Arguello. This regulation does not apply to (1) power gurdies or power winches used solely for handling crab nets or traps. (2) the use of downriggers where the downrigger line is not used as a fishingline but us attached to the fishing line by a breakaway line; or (3) the use of electric fishing reels manufactured for sport fishing use. Note: Authority: Sections 200, 202, 205 and 210, Fish and Game Code. Reference: Sections 200, 202, 205-210, Fish and Game Code . s 28.75. Baited Traps for Shiner Surfperch, Pacific Staghorn Sculpin and Longjaw Mudsuckers. In San Francisco and San Pablo bays and their saltwater tributaries, and in the open ocean and the contiguous bays of Mendocino, Sonoma and Marin counties, traps not over three feet in greatest dimension may be used to take shiner surfperch, Pacific staghorn sculpin and longjaw mudsuckers. Any other species taken shall be returned to the water immediately. Note: Authority cited: Sections 200, 202, 205, 210, 219 and 220, Fish and Game Code. Reference: Sections 200-202, 203.1, 205-210 and 215-222, Fish and Game Code. s 28.80. Dip Nets and Hawaiian Type Throw Nets. Dip nets of any size and baited hoop nets not greater than 36 inches in diameter may be used to take herring, Pacific staghorn sculpin, shiner surfperch, surf smelt, topsmelt, anchovies, shrimp and squid. Hawaiian type throw nets may be used north of Point Conception to take such species. Note: Authority cited: Sections 200, 202, 205, 210, 219 and 220, Fish and Game Code. Reference: Sections 200, 202, 205, 206 and 220, Fish and Game Code. s 28.85. Beach Nets. Beach nets not over 20 feet in length with meshes at least 7/8 of an inch in length may be used to take surf smelt north of Point Conception. Note: Authority cited: Sections 200, 202, 205, 210, 219 and 220, Fish and Game Code. Reference: Sections 200-202, 203.1, 205-210 and 215-222, Fish and Game Code. s 28.90. Diving, Spearfishing. Persons who are floating or swimming in the water may use spearfishing gear and skin or SCUBA diving equipment to take fin fish other than giant (black) sea bass, garibaldi, gulf grouper, broomtail grouper, trout, salmon, striped bass or broadbill, except that: (a) No person may possess or use a spear within 100 yards of the mouth of any stream in any ocean waters north of Ventura County. (b) When spearfishing for or in possession of federal groundfish or associated species as authorized under authority of Section 27.82(c)(4), in an area or during a season closed to the take of these species, no fishing gear except spearfishing gear may be aboard the vessel or non-motorized watercraft. Note: Authority cited: Sections 200, 202, 7071 and 8587.1, Fish and Game Code. Reference: Sections 205, 7071 and 8586, Fish and Game Code; and 50 C.F.R. 660. s 28.91. Slurp Guns. Slurp guns may be used to take fin fish except that bag and possession limits shall not be exceeded wherever they apply and no species of fin fish may be taken for which a minimum size limit has been established (see Sections 27.60 and 28.00-28.55). Note: Authority cited: Sections 200, 202, 205, 210, 219 and 220, Fish and Game Code. Reference: Sections 200-202, 203.1, 205-210 and 215-222, Fish and Game Code. s 28.95. Spears, Harpoons and Bow and Arrow Fishing Tackle. Spears, harpoons and bow and arrow fishing tackle may be used for taking all varieties of skates, rays, and sharks, except white sharks. Such gear may not be possessed or used within 100 yards of the mouth of any stream in any ocean waters north of Ventura County, nor aboard any vessel on any day or on any trip when broadbill swordfish or marlin have been taken. Bow and arrow fishing tackle may be used to take fin fish other than giant (black) sea bass, garibaldi, gulf grouper, broomtail grouper, trout, salmon, striped bass, broadbill and white shark. Note: Authority cited: Sections 200, 202, 205, 210, 219, 220 and 5517, Fish and Game Code. Reference: Sections 200-202, 203.1, 205-210, 215-222 and 5517, Fish and Game Code. s 29.00. Gear Used in Taking Grunion. No appliances of any kind may be used to take grunion, and no holes may be dug in the beach to entrap them. Note: Authority cited: Sections 200, 202, 205, 210, 219 and 220, Fish and Game Code. Reference: Sections 200-202, 203.1, 205-210 and 215-222, Fish and Game Code. INVERTEBRATES s 29.05. General. (a) Except as provided in this article there are no closed seasons, closed hours or minimum size limits for any invertebrate. The bag limit on all invertebrates for which the take is authorized and for which there is not a bag limit otherwise established in this article is 35. In San Francisco and San Pablo bays and saltwater tributaries east of the Golden Gate Bridge invertebrates may not be taken at night except from the shore. (b) Take of all invertebrates is prohibited within state marine reserves. Take of certain invertebrates may be prohibited within state marine parks and state marine conservation areas as per subsection 632(b). In addition, tidal invertebrates may not be taken in any tidepool or other areas between the high tide mark (defined as Mean Higher High Tide) and 1,000 feet seaward and lateral to the low tide mark (defined as Mean Lower Low Water) except as follows: (1) Except where prohibited within state marine reserves, state marine parks, state marine conservation areas, or other special closures only the following may be taken: red abalone, limpets, moon snails, turban snails, chiones, clams, cockles, mussels, rock scallops, native oysters, octopuses, squid, crabs, lobsters, shrimp, sand dollars, sea urchins and worms except that no worms may be taken in any mussel bed, unless taken incidental to the harvesting of mussels. (c) Measuring Devices. Every person while taking invertebrates which have a size limit shall carry a device which is capable of accurately measuring the minimum legal size of the species taken. (d) In all ocean waters skin and Self Contained Underwater Breathing Apparatus (SCUBA) divers may take invertebrates as provided in this article except that in all ocean waters north of Yankee Point (Monterey Co.), SCUBA may be used only to take sea urchins, rock scallops and crabs of the genusCancer. For the purpose of this section, breathing tubes (snorkels) are not SCUBA. Note: Authority cited: Sections 200, 202 and 210, Fish and Game Code. Reference: Sections 200, 202, 205 and 210, Fish and Game Code. s 29.10. General. (a) Except as otherwise provided in this article, saltwater mollusks, including octopus, may be taken only on hook and line or with the hands. (b) The size of a mollusk is measured in greatest shell diameter. Note: Authority cited: Sections 200, 202, 205, 210, 219 and 220, Fish and Game Code. Reference: Sections 200-202, 203.1, 205-210 and 215-222, Fish and Game Code. s 29.15. Abalone. (a) Geographic Area: Abalone may only be taken north of a line drawn due west magnetic from the center of the mouth of San Francisco Bay. No abalone may be taken, landed, or possessed if landed south of this line. (b) Open Season and Hours: Abalone may be taken only during the months of April, May, June, August, September, October and November from one-half hour before sunrise to one-half hour after sunset. (c) Bag Limit and Yearly Trip Limit: Three red abalone,Haliotis rufescens, may be taken per day. No more than three abalone may be possessed at any time. No other species of abalone may be taken or possessed. Each person taking abalone shall stop detaching abalone when the limit of three is reached. No person shall take more than 24 abalone during a calendar year. (d) Minimum Abalone Size: All red abalone must be seven inches or greater measured along the longest shell diameter. All legal size abalone detached must be retained. No undersized abalone may be brought ashore or aboard any boat, placed in any type of receiver, kept on the person, or retained in any person's possession or under his control. Undersize abalone must be replaced immediately to the same surface of the rock from which detached. Abalones brought ashore shall be in such a condition that the size can be determined. (e) Special Gear Provisions: The use of SCUBA gear or surface supplied air to take abalone is prohibited. Abalone may not be taken or possessed aboard any boat, vessel, or floating device in the water containing SCUBA or surface supplied air. Abalone may be taken only by hand or by devices commonly known as abalone irons. Abalone irons must be less than 36 inches long, straight or with a curve having a radius of not less than 18 inches, and must not be less than 3/4 inch wide nor less than 1/16 inch thick. All edges must be rounded and free of sharp edges. Knives, screwdrivers and sharp instruments are prohibited. (f) Measuring Device. Every person while 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. (g) Abalone Possession and Transportation: Abalones must not be removed from their shell, except when being prepared for immediate consumption. (h) Abalone Permit Report Card. All persons, required to possess a sport fishing license, must have a nontransferable Abalone Permit Report Card (FG 2915 (New 12/03)) issued by the department while taking abalone. The Abalone Permit Report Card shall be kept with the fishing license while taking or attempting to take abalone. Persons diving from a boat shall keep the license and Abalone Permit Report Card in the boat. The Abalone Permit Report Card shall be completed as required immediately upon returning and boarding the boat with abalone. Persons diving from the shore shall keep the license and Abalone Permit Report Card within 500 yards on the shore. Persons shall, immediately upon bringing ashore an abalone, make a hole and completely remove the punched section from the report card in one of the designated locations for each abalone taken, and record with indelible ink, the date, time, and location code in the spaces provided adjacent to the hole. For the purposes of this section a boat is defined as any watercraft used or capable of being used as a means of transportation on water (reference Section 9840(a), Vehicle Code and Section 6552(q), Title 14, California Code of Regulations). An Abalone Permit Report Card shall be valid during the open season for taking abalone in the calendar year for which it was issued. No person may be issued or possess more than one Abalone Permit Report Card or any Abalone Permit Report Card other than their own. The Abalone Permit Report Card must be returned to the Department of Fish and Game at 19160 South Harbor Drive, Fort Bragg, California 94537, within 30 days of the close of the calendar abalone season. (i) Upon purchase of the Abalone Permit Report Card, the card number shall be entered by the license agent in ink on the back of the angler's sport fishing license. The sport fishing license number shall be entered by the license agent on the Abalone Permit Report Card on the appropriate line. Note: Authority cited: Sections 200, 202, 205, 210, 220, 240, 5521 and 7149.8, Fish and Game Code. Reference: Sections 200, 202, 205, 220, 5521, 7145 and 7149.8, Fish and Game Code. s 29.20. Clams General. (a) Except as provided in this article, there are no closed seasons, bag limits or size limits on saltwater clams. (b) Fishing hours: one-half hour before sunrise to one-half hour after sunset. (c) Special gear provisions: Spades, shovels, hoes, rakes or other appliances operated by hand, except spears or gaff hooks, may be used to take clams. No instrument capable of being used to dig clams may be possessed between one-half hour after sunset and one-half hour before sunrise, on any beach of this state, except tools and implements used in the work of cleaning, repairing or maintaining such beach when possessed by a person authorized by appropriate authority to perform such work. (d) Clams ashore: Clams which have a size limit when being taken must be brought ashore above the high water mark in such a condition that the size can be determined. Such clams not in the shell may not be transported or possessed, except when being prepared for immediate consumption. Clams which have a size limit and are not retained shall be immediately reburied in the area from which dug. Note: Authority cited: Sections 200, 202, 205, 210, 219 and 220, Fish and Game Code. Reference: Sections 200-202, 203.1, 205-210 and 215-222, Fish and Game Code. s 29.25. Gaper Clams and Washington Clams. Limit: Ten of each species, except in Humboldt Bay the limit is fifty in combination; however, no more than 25 gaper clams may be taken or possessed. In Elkhorn Slough the limit is twelve in combination. All gaper clams and Washington clams dug, regardless of size or broken condition, must be retained until the bag limit is reached. For purposes of this section, clams commonly termed horse clams or horseneck clams are gaper clams, not geoduck clams regulated pursuant to Section 29.30, Title 14, CCR. Note: Authority cited: Sections 200, 202, 205, 210, 219 and 220, Fish and Game Code. Reference: Sections 200-202, 203.1, 205-210 and 215-222, Fish and Game Code. s 29.30. Geoduck Clams. Limit: Three. The first three geoduck clams dug must be retained as the bag limit regardless of size or broken condition. For purposes of this section, clams commonly termed horse clams or horseneck clams are not geoduck clams. CRUSTACEANS Note: Authority cited: Sections 200, 202, 205, 210, 219 and 220, Fish and Game Code. Reference: Sections 200-202, 203.1, 205-210 and 215-222, Fish and Game Code. s 29.35. Littleneck Clams, Soft-Shell Clams, Chiones, Northern Quahogs, and Cockles. (a) Limit: Fifty in combination. (b) Minimum size: One and one-half inches in greatest diameter, except there is no size limit for soft-shell clams. All soft-shell clams dug, regardless of size or broken condition, must be retained until the bag limit is reached. Note: Authority cited: Sections 200, 202, 205, 210, 219 and 220, Fish and Game Code. Reference: Sections 200-202, 203.1, 205-210 and 215-222, Fish and Game Code. s 29.40. Pismo Clams. (a) Open season: May be taken in Santa Cruz and Monterey counties September 1 through April 30. In all other counties, except in state marine reserves or other marine protected areas which prohibit the take of clams (see Section 632), Pismo clams may be taken at any time of the year. (b) Limit: Ten. (c) Minimum size: Five inches in greatest shell diameter north of the boundary between San Luis Obispo and Monterey counties; four and one-half inches in greatest shell diameter south of the boundary, between San Luis Obispo and Monterey counties. (d) Clam preserves: No clams shall be taken within state marine reserves or other marine protected areas which prohibit the take of clams (see Section 632). Note: Authority cited: Sections 200, 202, 205, 210, 219 and 220, Fish and Game Code. Reference: Sections 200-202, 203.1, 205-210 and 215-222, Fish and Game Code. s 29.45. Razor Clams. (a) Open season: (1) Little River Beach in Humboldt County: Between Mad River and Strawberry Creek open only during even-numbered years; between Strawberry Creek and Moonstone Beach open only during odd-numbered years. (2) In Del Norte County: North of Battery Point open only during odd-numbered years; south of Battery Point open only during even-numbered years. (3) All other areas: Open all year. (b) Limit: Twenty. The first twenty clams dug must be retained as the bag limit regardless of size or broken condition. Note: Authority cited: Sections 200, 202, 205, 210, 219 and 220, Fish and Game Code. Reference: Sections 200-202, 203.1, 205-210 and 215-222, Fish and Game Code. s 29.55. Mussels. Limit: Ten pounds (in the shell) of California sea mussels and bay mussels in combination. Note: Authority cited: Sections 200, 202, 205, 210, 219 and 220, Fish and Game Code. Reference: Sections 200-202, 203.1, 205-210 and 215-222, Fish and Game Code. s 29.60. Rock Scallops. (a) Limit: Ten. (b) Methods of take: Rock scallops may be taken only by hand, by the use of dive knives, or by devices commonly known as abalone irons in compliance with provisions of Section 29.15(e) of these regulations. Note: Authority cited: Sections 200, 202, 205, 210, 219 and 220, Fish and Game Code. Reference: Sections 200-202, 203.1, 205-210 and 215-222, Fish and Game Code. s 29.65. Speckled (Bay) Scallops. May not be taken or possessed. Note: Authority cited: Sections 200, 202, 205, 210, 219 and 220, Fish and Game Code. Reference: Sections 200-202, 203.1, 205-210 and 215-222, Fish and Game Code. s 29.70. Squid. Squid may be taken with hand-held dip nets. There is no limit. Note: Authority cited: Sections 200, 202, 205, 210, 219 and 220, Fish and Game Code. Reference: Sections 200-202, 203.1, 205-210 and 215-222, Fish and Game Code. s 29.71. Moon Snails. (a) Limit: Five. (b) Open season: All year except that moon snails may not be taken north of the Golden Gate Bridge. Note: Authority cited: Sections 200, 202, 205, 210, 219 and 220, Fish and Game Code. Reference: Sections 200-202, 203.1, 205-210 and 215-222, Fish and Game Code. s 29.80. Gear Restrictions. (a) General: Saltwater crustaceans may be taken by hand. Nets, traps or other appliances may not be used except as provided in this section. (b) Baited hoop nets may be used to take spiny lobsters and all species of crabs. Between Point Arguello, Santa Barbara County, and the United States-Mexico border, not more than five baited hoop nets may be fished by a person to take spiny lobster and crab, not to exceed a total of 10 baited hoop nets fished from any vessel. (c) Crab traps shall have at least two rigid circular openings of not less than four and one-quarter inches inside diameter so constructed that the lowest portion of each opening is no lower than five inches from the top of the trap. (d) Crab loop traps may have up to six loops. (e) Crab trap areas: Crab traps, including crab loop traps, may be used north of Point Arguello to take all species of crabs (see regulations for take of Dungeness crabs in traps from commercial passenger fishing vessels in Section 29.85, Title 14, CCR). (f) Shrimp and prawn traps may be used to take shrimp and prawns only. Trap openings may not exceed 1/2 inch in any dimension on traps used south of Point Conception nor five inches in any dimension on traps used north of Point Conception. (g) Diving for crustaceans: In all ocean waters, except as provided in Section 29.05, skin and SCUBA divers may take crustaceans by the use of the hands except divers may not possess any hooked device while diving or attempting to dive. (h) Hand operated appliances: Spades, shovels, hoes, rakes or other appliances operated by hand may be used to take sand crabs and shrimp. (i) Dip nets and Hawaiian type throw nets: Shrimp may be taken with dip nets and Hawaiian type throw nets north of Point Conception. (j) Shrimp trawls: Shrimp beam trawls may be used to take shrimp only in San Francisco Bay waters east of the Golden Gate Bridge, and in San Pablo Bay. The beam trawl frame from which the net is hung may not exceed 24 inches by 18 inches. The trawl may be towed by motorized vessels but may not be retrieved by mechanical devices. Any fish, other than shrimp, caught in the trawl must be returned immediately to the water. Note: Authority cited: Sections 200, 202, 205, 215 and 220, Fish and Game Code. Reference: Sections 200, 202, 205, 206, 215 and 220, Fish and Game Code. s 29.85. Crabs. (a) Dungeness crabs ( Cancer magister ): (1) Closure: Dungeness crab may not be taken or possessed in San Francisco Bay and San Pablo Bay, plus all their tidal bays, sloughs and estuaries between the Golden Gate Bridge and Carquinez Bridge. (2) Open season: (A) Del Norte, Humboldt and Mendocino counties: From the Saturday preceding December 1 or December 1 when it falls on Saturday through July 30. (B) All other counties: From the Saturday preceding the second Tuesday in November through June 30. (3) Limit: Ten, except in Sonoma, Marin, San Francisco, San Mateo, Santa Cruz, and Monterey counties, when fishing aboard a commercial passenger fishing vessel required to be licensed pursuant to Section 7881 and/or Section 7920, Fish and Game Code, the limit is six. (4) Not more than 60 crab traps are authorized to be used to take Dungeness crab from a vessel operating under authority of a Commercial Passenger Fishing Vessel License issued pursuant to Fish and Game Code Section 7920. (5) Traps and trap buoys by a commercial passenger fishing vessel to take Dungeness crab under authority of this Section and Section 29.80 shall have the commercial boat registration number of that vessel affixed to each trap and buoy. (6) No vessel that takes Dungeness crabs under authority of this section, or Section 29.80, shall be used to take Dungeness crabs for commercial purposes. (7) Minimum size: Five and three-quarter inches measured by the shortest distance through the body from edge of shell to edge of shell directly in front of and excluding the points (lateral spines); except in Sonoma, Marin, San Francisco, San Mateo, Santa Cruz, and Monterey counties, when fishing aboard a commercial passenger fishing vessel required to be licensed pursuant to Section 7881 and/or Section 7920, Fish and Game Code, the minimum size is six inches measured by the shortest distance through the body from edge of shell to edge of shell directly in front of and excluding the points (lateral spines). (b) All crabs of the Cancer genus except Dungeness crabs, but including: yellow crabs, rock crabs, red crabs and slender crabs: (1) Open season: All year. (2) Limit: Thirty-five. (3) Minimum size: Four inches measured by the shortest distance through the body, from edge of shell to edge of shell at the widest part, except there is no minimum size in Fish and Game districts 8 and 9. (c) All crabs of the genus Cancer , including Dungeness crabs, yellow crabs, rock crabs, red crabs and slender crabs, may be brought to the surface of the water for measuring, but no undersize crabs may be placed in any type of receiver, kept on the person or retained in any person's possession or under his direct control; all crabs shall be measured immediately and any undersize crabs shall be released immediately into the water. (d) Sand crabs ( Emerita analoga ): Limit: Fifty. [FN*Regulations] adopted by Board of Forestry. Note: Authority cited: Sections 200, 202, 205 and 220, Fish and Game Code. Reference: Sections 200, 202, 204 and 220, Fish and Game Code. s 29.86. Bay Shrimp (Grass Shrimp). Limit: Five pounds. Note: Authority cited: Sections 200, 202, 205, 210, 219 and 220, Fish and Game Code. Reference: Sections 200-202, 203.1, 205-210and 215-222, Fish and Game Code. s 29.87. Ghost Shrimp and Blue Mud Shrimp. Limit: Fifty in combination. Note: Authority cited: Sections 200, 202, 205, 210, 219 and 220, Fish and Game Code. Reference: Sections 200-202, 203.1, 205-210 and 215-222, Fish and Game Code. s 29.88. Coonstripe shrimp (Pandalus danae): Twenty pounds (in the shell, heads on) per day. The first 20 pounds taken, regardless of size or condition, shall constitute a daily bag and possession limit. Note: Authority cited: Sections 200, 202, 205 and 215, Fish and Game Code. Reference: Sections 200, 202, 205 and 206, Fish and Game Code. s 29.90. Spiny Lobsters. (a) Open season: From the Saturday preceding the first Wednesday in October through the first Wednesday after the 15th of March. (b) Limit: Seven. (c) Minimum size: Three and one-fourth inches measured in a straight line on the mid-line of the back from the rear edge of the eye socket to the rear edge of the body shell. Any lobster may be brought to the surface of the water for the purpose of measuring, but no undersize lobster may be brought aboard any boat, placed in any type of receiver, kept on the person or retained in any person's possession or under his direct control; all lobsters shall be measured immediately upon being brought to the surface of the water, and any undersize lobster shall be released immediately into the water. Note: Authority cited: Sections 200, 202, 205, 219 and 220, Fish and Game Code. Reference: Sections 200, 202, 205, 210 and 220, Fish and Game Code. s 30.00. Kelp General. (a) Except as provided in this section and in Section 30.10 there is no closed season, closed hours or minimum size limit for any species of marine aquatic plant. The daily bag limit on all marine aquatic plants for which the take is authorized, except as provided in Section 28.60, is 10 pounds wet weight in the aggregate. (b) Marine aquatic plants may not be cut or harvested in state marine reserves. Regulations within state marine conservation areas and state marine parks may prohibit cutting or harvesting of marine aquatic plants per subsection 632(b). Note: Authority cited: Section 6750, Fish and Game Code. Reference: Section 6750, Fish and Game Code. s 30.10. Prohibited Species. No eel grass ( Zostera), surf grass ( Phyllospadix) or sea palm ( Postelsia) may be cut or disturbed. Note: Authority cited: Section 6750, Fish and Game Code. Reference: Section 6750, Fish and Game Code. (See Species Regulations Regarding Bullfrogs) s 40. General Provisions Relating to Native Reptiles and Amphibians. (a) General Prohibition It is unlawful to capture, collect, intentionally kill or injure, possess, purchase, propagate, sell, transport, import or export any native reptile or amphibian, or part thereof, except as provided in this chapter, Chapter 2 of this subdivision relating to sportfishing and frogging, sections 650, 670.7, or 783 of these regulations, or as otherwise provided in the Fish and Game Code or these regulations. (b) For the purposes of this section, "intentionally kill or injure" does not include death or injury that occurs incidental to an otherwise lawful activity. This section does not prohibit the capture, temporary collection or temporary possession of native reptiles and amphibians done to avoid mortality or injury in connection with such activities. The live capture and release of native reptiles and amphibians done to avoid such death or injury may occur only with the department's written approval. (c) Except for dried or processed reptile skins, it is unlawful to display, in any place of business where pets or other animals are sold, native reptiles or amphibians which cannot lawfully be sold. (d) Progeny resulting from pregnant native reptiles or amphibians collected from the wild must be transferred to another person or to a scientific or educational institution within 45 days of birth or hatching. Persons receiving such progeny shall comply with the bag and possession limits specified in sections 5.05 and 5.60. (e) Reptiles or amphibians which have been in captivity, including wild-caught and captively-bred individuals or offspring, shall not be released into the wild without the written approval of the department. (f) Biological Supply Houses and Exempt Organizations. (1) Biological Supply Houses. The department may issue permits to owners of biological supply houses to sell native reptiles and amphibians to scientific or educational institutions, pursuant to Section 651. (2) Organizations and Schools Exempt from Permit. Institutions or organizations engaged in bona fide scientific study of native wildlife, whose specimens are readily available for use or viewing by the public at large on a regular basis, and government accredited schools that are open to the public may possess, accept donations of, or exchange, purchase or sell between organizations, native reptiles and amphibians without a permit. Note: Authority cited: Sections 5061 and 6896, Fish and Game Code. Reference: Sections 5061 and 6896, Fish and Game Code. s 40.00. Protected Amphibians. Note: Authority cited: Sections 200, 202, 205, 210, 219 and 220, Fish and Game Code. Reference: Sections 200-202, 205-210 and 220, Fish and Game Code. s 40.05. Amphibians Except Protected Amphibians. Note: Authority cited: Sections 200, 202, 205, 210, 219 and 220, Fish and Game Code. Reference: Sections 200-202, 205-210, 215 and 218-221 and 2050-2055, Fish and Game Code. s 40.10. Protected Reptiles. Note: Authority cited: Sections 200, 202, 205, 210, 219 and 220, Fish and Game Code. Reference: Sections 200-202, 205-210, 215 and 218-221, Fish and Game Code. s 40.15. Reptiles Except Protected Reptiles. Note: Authority cited: Sections 200, 202, 205, 210, 219 and 220, Fish and Game Code. Reference: Sections 200-202, 205-210, 215 and 218-221, Fish and Game Code. s 41. Protected Amphibians. Note: Authority cited: Sections 200, 202, 205, 210, 219 and 220, Fish and Game Code. Reference: Sections 200-202, 205, 206, 209, 210 and 220, Fish and Game Code. s 41.5. Amphibians Except Protected Amphibians. Note: Authority cited: Sections 200, 202, 205 and 220, Fish and Game Code. Reference: Sections 200, 202, 205 and 220, Fish and Game Code. s 41.7. Commercial Take and Use of Frogs for Human Consumption. No person shall for commercial purposes take, possess, sell, transport or export frogs for human consumption. This section shall not apply to frogs raised by registered aquaculturists or frogs imported into this state. Any person possessing frogs for human consumption, whether imported or purchased from a registered aquaculturist, shall maintain and keep receipts, waybills, or bills of lading dealing with the importation, purchase, or sale of frogs for a period of one year from the date of receipt of the frogs, and shall exhibit these on demand to any official of the department. Note: Authority cited: Sections 6851 and 15005, Fish and Game Code. Reference: Sections 6850, 6851, 6852, 6854, 6855 and 15005, Fish and Game Code. s 42. Protected Reptiles. Note: Authority cited: Sections 200, 202, 205, 210, 219 and 220, Fish and Game Code. Reference: Sections 200-202, 205, 206, 210, 215, 219 and 220, Fish and Game Code. s 42.5. Reptiles Except Protected Reptiles. Note: Authority cited: Sections 200, 202, 205 and 220, Fish and Game Code. Reference: Sections 200, 202, 205 and 220, Fish and Game Code. s 43. Captive Propagation and Commercialization of Native Reptiles. (a) Native Reptile Propagation Permit. (1) Permit Required. Except for pet shops as provided in subsection 43(f), every person, who, for commercial purposes, sells, possesses, transports, imports, exports or propagates native reptiles pursuant to subsection 43(c), or who propagates native reptiles for noncommercial purposes pursuant to subsection 43(b), shall have a native reptile propagation permit that has not been revoked or suspended issued to that person. The permit or a legible copy of the permit shall be in the immediate possession of the permittee while native reptiles are being displayed to the public, taken, transported, or sold. The permit or a legible copy of the permit shall be kept where native reptiles are maintained. No permit is required for the purchase of subspecies of native reptiles authorized pursuant to subsection 43(c). (2) Application. Application for a permit shall be made on Native Reptile Propagation Permit Application, FG 391B (8/02), which is incorporated by reference herein. Application forms are available from the Department of Fish and Game, License and Revenue Branch, 3211 S Street, Sacramento, California 95816; Telephone (916) 227-2244. The application form shall be completed in its entirety, including information on the species and/or subspecies proposed for propagation, the location of the rearing facility and other related information. (3) Term of Permit. Permits issued under the provisions of this section shall be valid from January 1 through December 31 or, if issued after the beginning of such term for the remainder thereof. (4) Denial. The department may deny a permit to any person who fails to comply with the provisions of a permit or any regulations pertaining to native reptiles. Any person denied a permit may request a hearing before the commission to show cause why his/her permit should be issued. (5) Revocation. The commission, after proper notice and providing for an opportunity to be heard, may revoke or suspend a permit for a violation of the Fish and Game Code, or Title 14, CCR, or any federal law or regulation pertaining to reptiles. (6) Permit Fee. The permit fee shall be the basic fee set forth in subsection 699(b), Title 14, California Code of Regulations. This fee shall be annually adjusted pursuant to Sections 713 of the Fish and Game Code. (7) Albino Native Reptiles. Albino reptiles are defined as individual native reptiles lacking normal body pigment and having red or pink eyes. No permit is required for the possession, propagation, importation, exportation, transportation, purchase or sale of captively-bred native albino reptiles or amphibians. The provisions of section 5.60 apply to the taking and possession of albino native reptiles from the wild. (b) Non-commercial Propagation. The department may authorize the possession and propagation of no more than three species and no more than 30 individuals in the aggregate including progeny under a native reptile propagation permit. Within the overall limit of 30 individuals, the department may authorize no more than four of any one species to be taken from the wild. Individuals may be taken only by the methods authorized by section 5.60. Native reptiles possessed pursuant to this subsection may not be purchased or sold. (c) Propagation and Possession for Commercial Purposes. Native reptiles may not be sold, possessed, transported, imported, exported or propagated for commercial purposes, except as provided in Section 40(f) and except as follows: (1) Subspecies Authorized. Pursuant to the provisions of this section, only the following subspecies may be sold, possessed, transported, imported, exported or propagated for commercial purposes: (A) California common kingsnake (Lampropeltis getulus californiae); (B) California subspecies of the gopher snake (Pituophis melanoleucus): Great Basin gopher snake (Pituophis melanoleucus deserticola), Pacific gopher snake (Pituophis melanoleucus catenifer), San Diego gopher snake (Pituophis melanoleucus annectens), and Sonora gopher snake (Pituophis melanoleucus affinis); (C) California subspecies of the rosy boa (Lichanura trivirgata); Coastal rosy boa (Lichanura trivirgata roseofusca) and Desert rosy boa (Lichanura trivirgata gracia). (2) Bill of Sale. All animals sold pursuant to this section must be accompanied by a numbered bill of sale which shall contain the name and permit number of the permittee, the complete scientific name of each native reptile sold and the name and address of the buyer. A copy of the bill of sale shall be retained by the buyer. (d) Addition or Removal of reptiles authorized for commercial propagation. The following information shall accompany a request to add or remove a reptile to the list that may be commercially propagated: A review of scientific literature documenting the population status of the species in California (1) Caging and care guidelines for the animal in captivity. (2) Analysis of the effects of broodstock collection methods on wild populations. (3) Analysis of the effects on wild reptile populations of released or escaped reptiles bred under this program. (4) Evaluation of the commercial market for the proposed species. (e) Limits. except as otherwise authorized, no person shall take or possess native reptiles taken from the wild in excess of the bag and possession limits specified in section 5.60. There are no possession limits for captively-bred native reptiles authorized by subsection 43(c) for persons possessing a native reptile propagation permit or for which the person has a bill of sale as required in subsection 43(c)(2). (f) Pet Shops. (1) Defined. A "pet shop" means a permanent place of business, licensed by a city or county, that is open to the public and maintains normal business hours, where pet animals are kept for retail sale. An "owner or operator" means the person who owns or is in charge of the pet shop. (2) Exemption. Pet shop owners or operators or their employees or agents, are not required to obtain a native reptile propagation permit to purchase, transport directly from the point of purchase to the pet shop, possess or resell native reptiles purchased from a permittee pursuant to subsection 43(c). This exemption applies only to native reptiles sold by the pet shop from the premises of the pet shop. (3) Records of Purchases. The owner or operator of a pet shop shall retain a legible copy of the bill of sale at the pet shop for each native reptile acquired while the animal is at the pet shop and for two years thereafter. The bill of sale shall contain the name and permit number of the native reptile and amphibian permittee from which the animals were purchased or acquired, the date acquired and the scientific name and number of each subspecies of animals acquired. (4) Records of Sales. Each native reptile sold by pet shops shall be accompanied by a numbered bill of sale which shall contain the name and address of the pet shop, the date sold and the scientific name and number of each subspecies sold. A copy of the bill of sale shall be retained at the pet shop for two years from the date of sale. (5) Effect of Violation. No native reptiles shall be sold from any pet shop whose owner or operator, or any employee or agent selling native reptiles from the pet shop, has been convicted of a violation pertaining to native reptiles within the previous three years. (g) Humane Care and Treatment. Permittees shall comply with the following provisions: (1) Enclosures. The perimeter of the enclosure for snakes 33 inches or less shall be 1.5 times the length of the snake. The perimeter of the enclosure for snakes more than 33 inches in length shall be 1.25 times the length of the snake. The perimeter shall be measured on the inside of the top edge of the enclosure. Snakes may be kept in smaller cages or containers for 31 days from the date of birth or hatching and while being transported or displayed at trade shows. All enclosures shall be adequately ventilated. The substrate shall facilitate the ability to maintain a clean and healthy environment for each animal. (2) Food. Food shall be wholesome, palatable and free from contamination and shall be supplied in sufficient quantity and nutritive value to maintain the animal in good health. (3) Water. Potable water must be accessible to the animals at all times or provided as often as necessary for the health and comfort of the animal. All water receptacles shall be clean and sanitary. (4) Cleaning of enclosures. Excrement shall be removed from enclosures as often as necessary to maintain animals in a healthy condition. (5) Disinfection of enclosures. After an animal with an infectious or transmissible disease is removed from an enclosure, that enclosure shall be disinfected. (6) Pest control. Programs of disease prevention and parasite control, euthanasia and adequate veterinary care shall be established and maintained by the permittee. (7) Observation. Animals shall be observed at least twice a week by the permittee or once a week if the animals are in hibernation. Sick, diseased, stressed, or injured animals shall be provided with care consistent with standards and procedures used by veterinarians or humanely destroyed. (8) Handling. Animals shall be handled carefully so as not to cause unnecessary discomfort, behavioral stress, or physical harm to the animal. (h) Records. Every permittee shall keep accurate accounting records for three years in which all of the following shall be recorded: (1) The complete scientific name and number of all native reptiles purchased, received, sold, delivered, taken and possessed. (2) The person from whom the native reptiles were purchased or received. (3) The person to whom the native reptiles were sold or delivered. (4) The date the native reptiles were purchased, received, sold, delivered or taken. (5) The price paid or received. (6) The dates and numbers of eggs laid. (7) The dates and numbers of births or hatchings. (i) Annual Report Requirement. A copy of the records required in subsection 43(h) shall be submitted to the department by December 31 of each year. No permit shall be renewed unless the records or a signed statement that no species and/or subspecies of native reptiles were purchased, received, sold, delivered, taken or possessed during the year is submitted. (j) Confidentiality of Records. The information required in subsections 43(h)(2), (3), and (5) contained in the records and reports filed with the department pursuant to subsection 43(i) shall be confidential and shall not be disclosed to the public. (k) Inspection. The department may enter the premises of any permittee where reptiles are maintained, or reasonably may be maintained, at any reasonable hour to inspect reptiles, and enclosures and to inspect, audit or copy records and receipts required by this section. Refusal to allow an inspection may be grounds for revocation of the permit by the Commission. Note: Authority cited: Sections 200, 202, 205, 220, 5061 and 6896, Fish and Game Code. Reference: Sections 200, 202, 205, 220, 5061 and 6896, Fish and Game Code. s 50.00. Application and Location of Fishery Management Plan Regulations, and Designation of Weight in Pounds. (a) Unless specified otherwise in a fishery management plan, or regulations adopted to implement a fishery management plan, the provisions of Article 1, Chapter 5.5, of Subdivision 1 apply to a fishery management plan (FMP) adopted by the Fish and Game Commission under authority of the Marine Life Management Act (MLMA) and other applicable state and federal laws and regulations. (b) A regulation implementing a fishery management plan that is applicable to both sport and commercial fisheries is found in this Chapter. A fishery management plan regulation that is specific to ocean sport fishing is found with ocean sportfishing regulations in Chapter 4 of Subdivision 1, beginning with Section 27.00. A fishery management plan regulation specific to commercial fishing is found with commercial fishing regulations in Chapter 6 of Subdivision 1 beginning with Section 100. (c) The presentation of fisheries and population data will be made using weight in pounds as the standard, unless designated otherwise in regulations adopted specific to a fishery management plan. Note: Authority cited: Section 7071, Fish and Game Code. Reference: Sections 7071 and 7075, Fish and Game Code. s 50.01. Definitions. Definitions contained in Chapter 1 of Subdivision 1, Division 1, Title 14, CCR, and Chapters 1 and 2 of Division 0.5 of the Fish and Game Code, apply to fishery management plans adopted under this Chapter in addition to, and where not in conflict with, the definitions of this section or definitions specific to an FMP. (a)Allowable Biological Catch (ABC) means the allowable catch, or the range of allowable catch for a species or species group, which is set each year by the Commission based on recommendations by the Department or other scientific advisors. (b)Allocation means apportioning a harvest guideline, quota, or optimum yield between or among segments of the fishery. (c)Bait net means a lampara or roundhaul type net, the mesh of which is constructed of twine not exceeding Standard No. 9 medium cotton seine twine or synthetic twine of equivalent size or strength. Except for drum seines and other round haul nets authorized under a permit issued by the department pursuant to Fish and Game Code Section 8780, the nets may not have rings along the lead line or any method of pursing the bottom of the net. (d)Commission means the California Fish and Game Commission. (e)Department means the California Department of Fish and Game. (f)Director means the Director of the Department of Fish and Game. (g)Executive Director means the Executive Director of the Fish and Game Commission. (h)FMP means Fishery Management Plan. (i)FMP Framework/Framework structure means the structure and process described in the FMP that provides for the application and adjustment of management measures pursuant to section 50.03 within the scope and criteria of the FMP and implementing regulations, without the need to annually amend the FMP. (j)Harvest Control Rules means options for management that describe the amount and type of harvesting that may be applied to a stock or stocks. (k)Harvest guideline means a specified numerical harvest objective that, when attained or expected to be attained, does not require closure of a fishery. (l)Management action means an action taken by the commission or department to implement management measures. (m)Management measure means a specification or measure used to manage and regulate fishing for a stock under an FMP and may include, but is not limited to, resource allocation, harvest control rules, quotas, licenses and permits, season, size, gear, bag, and landing limitations, fishery monitoring and reporting requirements, regulation of bycatch, and enforcement measures. (n)Maximum sustainable yield or MSY means maximum sustainable yield as defined in Fish and Game Code Section 96.5 or a substitute for MSY (MSY proxy). (o)Optimum yield or OY means optimum yield as defined in Fish and Game Code Section 97 or a substitute for OY.(OY proxy). (p)Permit year means the period from April 1 through March 31. (q)Quota means a specified numerical harvest objective for the attainment (or expected attainment) of which may cause closure of the fishery. (r)Round weight means the weight of fish in a whole condition at the time it is caught prior to being cleaned or dressed. (s)Round-weight equivalent means the weight of fish in a cleaned or dressed condition adjusted by a factor to approximate round weight. (t)Routine management measure means a management measure that is likely to be adjusted on a biennial, annual or more frequent basis and is categorized as routine in the plan following an analysis of the need for the measure, its impacts, and the rationale for its use. (u)Socioeconomic process means a process authorizing the commission to apply or adjust management measures pursuant to section 50.03 for a species annually or in season based on social or economic factors following preparation of a report including proposed management measures, a description of alternatives considered, and an analysis that addresses five criteria including how the action will accomplish at least one of 15 listed benefits to the fishery. (v)Specification means a numerical or descriptive designation of a management objective, including but not limited to: Allowable Biological Catch (ABC); harvest guideline; quota; allocation; or an allocation for a segment of the fishery or area, gear, season, fishery, or other subdivision. (w)Stock means any species, species complex, population, or subpopulation that is actively managed within a geographic area. (x)Weight means the weight is in pounds and round weight or round-weight equivalent, unless designated otherwise in regulations adopted specific to a fishery management plan. Where round weight is converted to number of fish, a conversion factor shall be based on the most current information readily available to the department. Note: Authority cited: Section 7071, Fish and Game Code. Reference: Section 7071, 7075 and 7083, Fish and Game Code. s 50.02. Plan Amendment. (a) The following actions shall first require amendment of a Fishery Management Plan (FMP): (1) change to a management objective; (2) change of species in the management plan; (3) change in the definition of an overfished stock as defined in the FMP; (4) amendment to any procedure required by the FMP; and (5) revision to any management measure which is fixed in the FMP. Note: Authority cited: Sections 7071 and 7075, Fish and Game Code. Reference: Sections 7071, 7075, 7078, 7086 and 7087, Fish and Game Code. s 50.03. Framework Review Processes. (a) Two processes for taking management action are available to implement routine annual changes in management of fish stocks and fisheries within the Framework Review Process. (1)Rulemaking Action: The commission may conduct a rulemaking action pursuant to the Administrative Procedure Act including holding at least two or more commission meetings to hear, consider and approve measures affecting any aspect of management and fisheries, including direct allocation of a catch quota or an optimum yield, with adoption of regulations reflecting the commission's action. (2)Prescribed action: A prescribed action is ministerial and may include a fishing season or gear closure when a harvest quota has been achieved or include other actions to meet sustainable management goals when the prescribed action is nondiscretionary and specifically provided for in existing regulation such that no further rulemaking under Subsection (a)(1) is required. (b) Nothing in this section precludes the Director from exercising authority to take emergency action pursuant to Fish and Game Code Section 7710, or of the commission to take emergency regulatory action under Section 11346.1 of the Government Code, or under Section 240 of the Fish and Game Code. Note: Authority cited: Section 7071, Fish and Game Code. Reference: Sections 7071, 7075, 7082 and 7083, Fish and Game Code. s 51.00. Purpose and Scope. (a) This Article implements the White Seabass Fishery Management Plan (WSFMP or plan), as adopted and amended by the California Fish and Game Commission consistent with the goals, objectives and procedures of the WSFMP and the Marine Life Management Act of 1998. These regulations, in combination with other applicable provisions of the Fish and Game Code and Title 14, CCR, govern management and regulation of white seabass stocks and fisheries. (b) A regulation implementing this fishery management plan that is applicable to both sport and commercial fisheries is found in this Chapter. A fishery management plan regulation that is specific to ocean sport fishing is found with ocean sportfishing regulations in Chapter 4 of Subdivision 1, beginning with Section 27.00. A fishery management plan regulation specific to commercial fishing is found with commercial fishing regulations in Chapter 6 of Subdivision 1 beginning with Section 155. Note: Authority cited: Section 7071, Fish and Game Code. Reference: Sections 7070, 7071 and 7075, Fish and Game Code. s 52.00. Purpose and Scope. (a) This Article implements the Nearshore Fishery Management Plan (Nearshore FMP or plan), as adopted by the California Fish and Game Commission (Commission) consistent with the goals, objectives and procedures of the Nearshore FMP and the Marine Life Management Act of 1998, and applicable federal groundfish regulations. These regulations, in combination with other applicable provisions of the Fish and Game Code, Title 14, California Code of Regulations (CCR), and federal groundfish regulations, govern management and regulation of nearshore fish stocks and fisheries. (b) Regulations adopted by the commission specific to sport fishing for nearshore fish stocks are included with ocean sport fishing regulations in Chapter 4, beginning with Section 27.00, Title 14, CCR. A regulation specific to commercial fishing for nearshore fish stocks is included with commercial fishing regulations in Chapter 6, beginning with Section 150, Title 14, CCR. Note: Authority cited: Sections 7071 and 8587.1, Fish and Game Code. Reference: Sections 7070, 7071, 7075, 7078, 7083 and 8587.1, Fish and Game Code. s 52.01. Definitions. (a) Definitions fornearshore fish stocks, nearshore fisheries, andnearshore waters are included in Section 1.90, Title 14, CCR. (b)Allocation means assignment of an amount of catch to different sectors of a fishery. (c)Cape Mendocino for purposes of describing the boundary of fishery management areas means a point on the mainland shore at 40 degrees 10 minutes north latitude. (d)Council means Pacific Fishery Management Council [see subdivision (k) below]. (e)Fishery Control Rule means specified approaches to determining the amount and type of catch allowed in a fishery. (f)National Marine Fisheries Service or NMFS means the National Marine Fisheries Service in the United States Department of Commerce. (g)Nearshore Fishery Management Plan (Nearshore FMP) means sections 1 and 2 of the Nearshore Fishery Management Plan approved by the Commission on August 29, 2002, hereby incorporated by reference except for the "notice actions" process described in section 1, page 1-14. (h)Nearshore Rockfish means black rockfish (Sebastes melanops), black-and-yellow rockfish (Sebastes chrysomelas), blue rockfish (Sebastes mystinus), brown rockfish (Sebastes auriculatus), calico rockfish (Sebastes dallii), California scorpionfish (Scorpaena guttata), China rockfish (Sebastes nebulosus), copper rockfish (Sebastes caurinus), gopher rockfish (Sebastes carnatus), grass rockfish (Sebastes rastrelliger), kelp rockfish (Sebastes atrovirens), olive rockfish (Sebastes serranoides), quillback rockfish (Sebastes maliger), treefish (Sebastes serriceps). (i)Overfishedis defined at Section 97.5 of the Fish and Game Code, and in the Nearshore FMP also means a population that falls below the threshold of 30% of the estimated unfished biomass. (j)Overfishing is defined at Section 98 of the Fish and Game Code, and in the Nearshore FMP also means that the total catch of a nearshore fish population exceeds the Total Allowable Catch in any year or season. (k)PFMC or Council means the Pacific Fishery Management Council established pursuant to the Magnuson-Stevens Fishery Conservation and Management Act. (l)Quota means a specified numerical amount of landings (excluding discard mortality), the attainment (or expected attainment) of which may cause closure of the fishery. (m)Total Allowable Catch or TAC means a specified numerical amount of catch (including discard mortality), the attainment (or expected attainment) of which may cause closure of the fishery. In Stage I of the Nearshore FMP Fishery Control Rule, TAC is equivalent to a proxy for Optimum Yield as adopted in state or federal regulations; In Stages II and III, TAC is equivalent to Optimum Yield as adopted in state or federal regulations. (n)Unfished Biomass or Bunfished means an estimate of the biomass or population size that would exist if there had been no fishing in recent history (within several generations) of a fish population. (o)Definitions contained in Chapter 1, and Article 1 of Chapter 5.5, of Subdivision 1, Division 1, Title 14, CCR, and Chapters 1 and 2 of Division 0.5 of the Fish and Game Code, apply to the nearshore fishery in addition to definitions of this section. Note: Authority cited: Section 7071, Fish and Game Code. Reference: Sections 7071, 7075, 7078, 7083 and 7086, Fish and Game Code. s 52.02. Process and Timing. (a) Management of nearshore fish stocks will conform with the goals, objectives, criteria, procedures, and Fishery Control Rule guidelines of the Nearshore Fishery Management Plan, and other applicable state and federal laws and regulations. (b) Monitoring and assessment of nearshore fisheries will be conducted annually, and, at a minimum, will include the collection and review of reported catches. The department will provide management recommendations to the commission annually, and in-season if a need is identified. (c) The director may establish and appoint members to advisory committees, including regional advisory committees (RACs), to assist the department with development and review of fishery assessments, management options and proposals, and plan amendments. (d) Management measures and actions may be developed, considered, adopted in compliance with the Administrative Procedure Act, and implemented at any time of year to achieve management plan goals and objectives, and may apply to any or all management areas, or portions of management areas at the discretion of the commission. Note: Authority cited: Section 7071 and 7652, Fish and Game Code. Reference: Sections 7071, 7075, 7083 and 7652, Fish and Game Code. s 52.03. Nearshore Fishery Management Plan (Nearshore FMP) Project. (a) The Department's Recommended Proposed Project in the Nearshore FMP (Plan) involving a combination of Fishery Control Rules, Allocation, Regional Management, Marine Protected Areas (MPAs), Restricted Access, and other management measures described in the Nearshore FMP will be utilized in managing nearshore fisheries toward meeting goals and objectives of the Plan. (b) A fishery management measure may be selected and inserted instead of, or in addition to, measures included in the adopted Nearshore FMP Project where specified in statute or regulation. Note: Authority cited: Section 7071, Fish and Game Code. Reference: Sections 7071, 7075, 7082 and 7083, Fish and Game Code. s 52.04. Regional Management. Four regional management areas (consistent with the Nearshore FMP's Alternative 5 for Recommended Regional Management) exist off California as follows: (1) North Coast Region: Nearshore waters between the California-Oregon border and a line extending due west true from a point on the mainland shore at 40 degrees 10 minutes north latitude near Cape Mendocino, Humboldt County, (2) North-Central Coast Region: Nearshore waters between a line extending due west true from a point on the mainland shore at 40 degrees 10 minutes north latitude near Cape Mendocino, Humboldt County, and a line extending due west true from Point Ano Nuevo, San Mateo County, (3) South-Central Coast Region: Nearshore waters between a line extending due west true from Ano Nuevo, San Mateo County, and a line extending due west true from Point Conception, Santa Barbara County, (4) South Coast Region: Nearshore waters between a line extending due west true from Point Conception, Santa Barbara County, and the U.S.-Mexico border. Note: Authority cited: Section 7071, Fish and Game Code. Reference: Sections 7071, 7075, 7082 and 7083, Fish and Game Code. s 52.05. Allocation. (a) Allocation of a Total Allowable Catch (TAC) of nearshore fish populations between recreational and commercial sectors will be consistent with the recommended Nearshore FMP allocation approach approved by the commission, and, with regulations of the Department of Commerce for nearshore groundfish (50 CFR, Part 660) until transfer of fishery management authority, or other Federal authorization for allocation by the state, is attained for these species. (b) The commission will consider the following factors during a change in allocation: (1) present versus historical participation in the fishery (2) the economics of the fisheries (3) local community impacts (4) product quality and flow to the consumer (5) gear conflicts (6) non-consumptive uses (7) fishing efficiency, and (8) recreational versus commercial fishery factors. (c) Allocation by the state of a commission authorized TAC for nearshore fish stock will be based on the use of historical fishery information applied regionally, with constituent involvement, and based on a careful review of recreational and commercial landings information, and adopted in compliance with the Administrative Procedure Act. (d) Until regional management is phased-in, and regional fishery information required to implement the allocation methodology under subdivision (c) is available, allocation of state managed nearshore fish stocks will be based on the currently used ratio of recreational to commercial take for a species during the periods 1983 through 1989, and 1993 through 1999. Note: Authority cited: Section 7071, Fish and Game Code. Reference: Sections 7071, 7075, 7082 and 7083, Fish and Game Code. s 52.09. Take of Nearshore Rockfish, Fishery Closure. (a) Total Allowable Catch (TAC). Until the state has management authority for a species or species group included in the Nearshore FMP, the TAC of a species or species group will not exceed the amount specified in the Federal Register for that species or species group. (b) Mechanism for Fishery Closures. When the TAC for a species or species group included in the Nearshore FMP is exceeded or expected to be exceeded, the department may close the fishery at the time the TAC is reached or expected to be reached. (c) The department shall give the public and the commission no less than 10 days notice of any recreational fishery closure pursuant to this Section via a department news release. (d) The department shall give Nearshore Fishery Permit holders no less than 10 days notice of any commercial fishery closure pursuant to this Section via a notification letter sent to each permittee's address on file with the department. The department shall give the public and the commission no less than 10 days notice of any commercial fishery closure pursuant to this Section via a department news release. Note: Authority cited: Section 200, 202, 205, 7071 and 8587.1, Fish and Game Code. Reference: Sections 97, 7056, 7071, 7075, 7082 and 7083, Fish and Game Code. s 52.10. Take of Sheephead, Cabezon and Greenling. (a) Total Allowable Catches (TACs) and Allocations. Based on total allowable catches specified for each calendar year, catch may not exceed the following amounts: (1) California sheephead. The statewide allowable catch of sheephead is 205,500 pounds, allocated as follows: (A) The commercial fishery is allocated 75,200 pounds. (B) The recreational fishery is allocated 130,300 pounds. (2) Cabezon. The total statewide allowable catch of cabezon is 152,100 pounds, allocated as follows: (A) The commercial fishery is allocated 59,300 pounds. (B) The recreational fishery is allocated 92,800 pounds. (3) Greenlings of the genus Hexagrammos. The total statewide allowable catch of greenlings is 37,600 pounds, allocated as follows: (A) The commercial fishery is allocated 3,400 pounds. (B) The recreational fishery is allocated 34,200 pounds. (b) Mechanism for Fishery Closures. The department will estimate from the current trends in catch and using the best available scientific information the time at which any commercial or recreational fishery allocation or total allowable catch for sheephead, cabezon, or greenlings specified in subsection (a) will be reached. The department will close the fishery at the time the allocation or total allowable catch is reached or is projected to be reached prior to the end of the calendar year. (c) The department shall give the public and the commission no less than 10 days notice of any recreational fishery closure pursuant to this Section via a department news release. (d) The department shall give holders of nearshore fishery permits no less than 10 days notice of any commercial fishery closure pursuant to this Section via a notification letter sent to the permittee's address on file with the department. The department shall give the public and the commission no less than 10 days notice of any commercial fishery closure pursuant to this Section via a department news release. Note: Authority cited: Sections 200, 202, 205, 7071 and 8587.1, Fish and Game Code. Reference: Sections 97, 7056, 7071, 8585.5, 8587 and 8587.1, Fish and Game Code. s 53.00. Purpose and Scope. (a) This article implements the Market Squid Fishery Management Plan (Market Squid FMP) as adopted and amended by the California Fish and Game Commission (commission), consistent with the requirements of Part 1.7, commencing with Section 7050, and Article 9.7 of Chapter 2 of Part 3 of Division 6 of the Fish and Game Code (commencing with Section 8420). Regulations contained in Section 53.00 et seq. are consistent with the goals, objectives and procedures of the Market Squid FMP and applicable federal regulations for coastal pelagic species and the federal Coastal Pelagic Species Fishery Management Plan. These regulations, in combination with other applicable provisions of the Fish and Game Code, Title 14 of the California Code of Regulations, and federal regulations for coastal pelagic species, govern management and regulation of market squid stocks and fisheries. (b) A regulation implementing this fishery management plan that is applicable to both sport and commercial fisheries is found in this Article. Regulations adopted by the commission specific to recreational take and use of market squid are included with ocean sport fishing regulations in Chapter 4, beginning with Section 27.00, Title 14, CCR. Regulations specific to commercial fishing for market squid are included in Chapter 6, beginning with Section 149, Title 14, CCR. (c) Pursuant to Fish and Game Code Section 8429.7, Fish and Game Code sections 8420.5 to 8423.5, inclusive, and sections 8426 and 8427 are made inoperative. (d) Pursuant to Fish and Game Code Section 7071, Fish and Game Code Section 7852.2 is made inoperative as it applies to squid fishery permits. Note: Authority cited: Sections 7071, 7078, 8425 and 8429.7, Fish and Game Code. Reference: Sections 7070, 7071, 7075, 7078, 7083, 8420, 8425 and 8429.7, Fish and Game Code. s 53.01. Definitions. (a) Brail gear, dip nets or scoopnets means any net attached to a rigid frame operated by hand or mechanical device deployed from the vessel to scoop fish or invertebrates. (b) Daily trip limitmeans a routine management measure which may be used to limit take of squid on a per-vessel basis within a calendar day. (c) Drum seinemeans a purse seine net which is stored, deployed and retrieved with the aid of a mechanized drum (reel) mounted on the stern of the vessel. (d) Egg escapementmeans the number or proportion of a female squid's lifetime supply of eggs that she is able to deposit, on average, before being taken in the fishery. (e) Egg escapement methodmeans a management tool which may be used to determine whether the fleet is fishing above or below a predetermined sustainable level of exploitation. The method requires establishing a threshold value to ensure that an adequate number of eggs are deposited prior to harvest. (f) Fishing year or fishing seasonunder the Market Squid FMP means the period April 1 though March 31. (g) Fishery Control Rulesmeans specific management strategies such as seasonal catch limits, daily trip limits, area closures, time closures, and sustainable levels of egg escapement which provide for a sustainable market squid fishery. (h) Fleet capacity goalmeans an optimal number of vessels where the number of vessels matches the available squid resource. (i) Foragemeans the role of market squid in the food chain as a critical source of food for higher predators, including birds, fish and marine mammals. (j) Lamparameans a rectangular net constructed with graduated mesh sizes, a definite bunt (bag), and fitted with floats. It is laid out by the fishing vessel in a circle and closed at least partially on the bottom by pulling the leadline in advance of the float line. (k) Light boatmeans a vessel engaged in the commercial taking or attempting to take market squid which uses bright lights to aggregate squid for commercial purposes including live bait. (l) Market squidmeans Loligo opalescens. (m) Market Squid Fishery Management Plan (Market Squid FMP)means Chapters 1 through 5 of the Market Squid Fishery Management Plan approved by the Commission on August 27, 2004, hereby incorporated by reference. (n) National Marine Fisheries Service, NMFS or NOAA Fisheriesmeans the federal fisheries management agency which is contained in the United States Department of Commerce. (o) Overfishedis defined at Fish and Game Code Section 97.5, and in the Market Squid FMP also means a condition that may exist when either the egg escapement threshold is not met, or catches of squid exceed any specified allowable level. (p) Overfishingis defined at Fish and Game Code Section 98, and in the Market Squid FMP also may mean that harvests of squid are occurring at times when either the egg escapement threshold is not being met, or catches are exceeding specified allowable levels. These catches may not be sustainable. (q) PFMC or Councilmeans the Pacific Fishery Management Council established pursuant to the Magnuson-Stevens Fishery Conservation and Management Act. (r) Point of concernmeans one or more of the following conditions affecting market squid that, if found or are expected to exist, may trigger the application or adjustment of one or more management measures by the commission: (1) Catch is projected to significantly exceed the current seasonal catch limitation. (2) Any adverse or significant change in the biological characteristics of the market squid (age composition, size composition, age at maturity, or recruitment) is discovered. (3) An overfished condition exists or is imminent (defined as when the egg-escapement method threshold is not realized in two consecutive years). (4) Any adverse or significant change in the availability of market squid as forage or in the status of a dependent species is discovered. (5) An error in data or a change to an indicator of stock status is detected that requires adjustment to fishery control rules to ensure sustainable resource management. (s) Points of concern processmeans a process authorizing the commission to apply or adjust fishery management measures at any time during the year based on the confirmation of the existence of one or more resource-based points of concern identified in a fishery management plan pursuant subsection 50.03(a), Title 14, CCR. (t) Purse seinemeans a rectangular net constructed with uniform mesh sizes, without a prominent bunt (bag), and fitted with floats. It is laid out with the end attached to a skiff while the deploying vessel encircles the squid. The end of the net is then brought up to the deploying vessel and is closed on the bottom by pulling a purse line (draw string) threaded through rings along the leadline, preventing the catch from escaping. (u) Round haul vesselsmean those that employ the use of lampara, purse seine, and drum seine net gear to commercially harvest squid. (v) Seasonal catch limitationmeans an amount of allowable catch which may be taken within a designated geographic area in a fishing season, specified in short tons and excluding discard mortality. The attainment (or expected attainment) of this limit will cause closure of the directed commercial fishery as specified in regulation. (w) Tonsmeans short tons, and is the standard unit of weight for purposes of describing catches and limits for the market squid fishery, notwithstanding subsection 50.00(c), Title 14, CCR. (x) Vessel capacitymeans the gross registered tonnage, as listed on a federal Coastal Pelagic Species permit or calculated from length, breadth and depth measurements provided on United States Coast Guard documentation papers. (y) Weekend closuresmean a routine management measure which may be used to prohibit take of market squid during certain days of a week. (z) Definitions contained in Chapter 1, and Article 1 of Chapter 5.5, of Subdivision 1, Division 1, Title 14, CCR, and Chapters 1 and 2 of Division 0.5 of the Fish and Game Code apply to the market squid fishery in addition to definitions of this Section. Note: Authority cited: Section 7071, 7078 and 8425, Fish and Game Code. Reference: Sections 7071, 7075, 7078, 7083, 7086, 8420 and 8425, Fish and Game Code. s 53.02. Process and Timing. (a) Management of market squid stocks will conform to the goals, objectives, criteria, procedures, and Fishery Control Rule guidelines of the Market Squid FMP, and other applicable state and federal laws and regulations. (b) Periodic monitoring and assessment of squid fisheries will be conducted, and, at a minimum, will include the collection and review of reported catches. The department will provide management recommendations to the commission as needed, and in-season if a need is identified. (c) The director may establish and appoint members to an advisory committee to assist the department with development and review of fishery assessments, management options and proposals, and plan amendments. (d) Management measures and actions may be developed, considered, and adopted in compliance with the Administrative Procedure Act and implemented at any time of year to achieve management plan goals and objectives, and may apply to any or all management areas, or portions of management areas at the discretion of the commission. Note: Authority cited: Section 7071, 7078 and 8425, Fish and Game Code. Reference: Sections 7071, 7075, 7083, 7652, 8420 and 8425, Fish and Game Code. s 53.03. Market Squid Fishery Management Plan (Market Squid FMP) Project. (a) The Department's Recommended Proposed Project in the Market Squid FMP involves a combination of limitations on total harvest, regulation on the use of squid fishing gear (including lights), use of time closures to allow for periods of uninterrupted spawning, restricted access and other limits on the commercial fleet capacity, mechanisms to allow for adequate squid escapement, and area closures designed to minimize impact to sensitive non-target species and habitat. These management measures described in the Market Squid FMP will be utilized in managing the squid fishery toward meeting goals and objectives of the Market Squid FMP. (b) Other management measures as described in the Market Squid FMP, including but not limited to vessel trip limits, squid replenishment areas, seasonal closures, and marine protected areas may be used as needed to achieve the goals and objectives of the Market Squid FMP. (c) A fishery management measure may be adopted by the commission instead of, or in addition to, measures included in the adopted Market Squid FMP Project where specified in statute or state or federal regulation. Note: Authority cited: Section 7071, 7078 and 8425, Fish and Game Code. Reference: Sections 7071, 7075, 7082, 7083, 8420 and 8425, Fish and Game Code. s 100. Abalone. Abalone may not be taken for commercial purposes. Note: Authority cited: Sections 5521 and 5521.5, Fish and Game Code. Reference: Sections 5520, 5521, 5521.5 and 5522, Fish and Game Code. s 101. Possession of Sliced Abalone During Closed Season. s 102. Abalone Processors Permit. Note: Authority cited: Sections 7701, 7708, 8040, 8305.9, 8306.3, and 8306.8, Fish and Game Code. Reference: Sections 7700-7710.5 and 8300-8309, Fish and Game Code. s 103. Common Names for Market Fish. (a) The following common names may be used as alternates for designated names: (1) Pacific red snapper: Sebastes entomelas (widow rockfish) Sebastes flavidus (yellowtail rockfish) Sebastes goodei (chilipepper) Sebastes jordani (shorbelly rockfish) Sebastes levis (cowcod) Sebastes melanops (black rockfish) Sebastes miniatus (vermillion rockfish) Sebastes ovalis (speckled rockfish) Sebastes paucispinnis (bocaccio) Sebastes pinniger (canary rockfish) Sebastes ruberrimus (yelloweye rockfish) Sebastes rufus (bank rockfish) Sebastes serranoides (olive rockfish) (2) Butterfish: Anoplopoma fimbria (sablefish) (b) The following common names may be used in lieu of the scientific name: (1) Pacific ocean shrimp: Pandalus jordani (shrimp) (2) Dungeness crab: Cancer Magister (crab) (3) Pacific whiting: Merluccius productus (Pacific hake) Note: Authority cite: Section 8023, Fish and Game Code. Reference: Section 8023, Fish and Game Code. s 104. White Croaker Closure. It is unlawful to take white croaker under a commercial fishing license issued pursuant to section 7850 of the Fish and Game Code, in waters from 0 to 3 nautical miles from shore extending oceanward between a line extending 312 degrees magnetic from Point Vicente in Los Angeles County, and a line extending 166 degrees magnetic from Point Fermin in Los Angeles County. Pursuant to section 7715 of the Fish and Game Code, the provisions of this section shall become inoperative when the Director of the Department of Health Services determines that a health risk no longer exists and the Director of the Department of Fish and Game has been so notified. The Department shall fully notify the public of the reopening of these waters. Note: Authority cited: Section 7715, Fish and Game Code. Reference: Section 7715, Fish and Game Code. s 104.1. Central California Gillnet Fishery Closure. Except as provided in Fish and Game Code Section 8664.5(f), at no time may gill or trammel nets be used in ocean waters which are 60 fathoms or less in depth at mean lower low water, in the area between a line extending 261 << degrees>true (245 <> magnetic) from the most westerly point of the west point of the Point Reyes headlands in Marin County to a line extending due west (270 <> true; 245 <> magnetic) from Point Arguello, Santa Barbara County. Note: Authority cited: Section 702, Fish and Game Code. Reference: Sections 8664.5 and 8664.7, Fish and Game Code. s 105. Importation and Sale of Kelp Bass, Sand Bass, and Spotted Bass. Dead kelp bass, sand bass, and spotted bass, all of the genus Paralabrax, may be imported into this State for sale under the following regulations: (a) If imported overland, all of the species mentioned above shall be tagged with metallic tags inscribed "California Department of Fish and Game" before entering this State. (b) If imported by sea, all of the species mentioned above shall be tagged with metallic tags inscribed "California Department of Fish and Game" at the first point of landing in this State. Tags will not be furnished unless the request for tags is accompanied by a copy of the ship's entry papers and a certified copy of the fishing permit of the country of origin. The department reserves the right to refuse the issuance of tags if sufficient proof is not given to show that said species of fish were taken south of the international boundary between the United States and Mexico. (c) All tags shall be furnished by the Department of Fish and Game at cost; however, a $10 administrative fee shall be charged for each order. Note: Authority cited: Section 8372, Fish and Game Code. Reference: Sections 2345 and 8372, Fish and Game Code. s 105.1. Permits to Land California Caught Fish at Points Outside of California. The department may issue revocable permits to land fish caught from the waters of the Pacific Ocean within California at a point or place other than within this state under the following conditions: (a) Applications and a $15.00 application fee shall be submitted to the department. The applicant shall provide the following information. (1) Name and address of operator of boat. (2) Name and address of owner of boat. (3) Name of boat. (4) Fish and Game boat registration number. (5) Custom house or CF number. (6) Commercial fishing license number. (7) Species of fish to be taken. (8) Type of gear to be used. (b) All permits shall be for the period April 1 through March 31, except that when applications are received after April 1, they will run from date of application through March 31. (c) This permit may be suspended temporarily by the Director for a breach or violation of the terms of the permit by the holders thereof, their agents, servants, employees or any person acting under their direction and control. The commission shall be notified of any such suspension and subsequently may revoke or reinstate the permit or fix the period of its suspension after written notice to the permittee and after he has been afforded an opportunity to be heard. Any person who has had his permit revoked or suspended by the commission may be required, upon application for a new or subsequent permit, to appear before the commission and demonstrate to its satisfaction that his use of such permit will be in the public interest. (d) The permit shall contain a statement signed by the applicant that he has read, understands and agrees to be bound by all the terms of the permit. Note: Authority cited: Section 7891, Fish and Game Code. Reference: Section 7891, Fish and Game Code. s 105.5. Cooperation with State and Federal Fishery Observers. (a) Owners or operators of commercial fishing vessels permitted under regulations of the Commission, and commercial passenger fishing vessels licensed pursuant to Fish and Game Code Section 7920, will, as a condition of permit or license issuance, cooperate with Department or Federal fishery observers, or observers collecting data for the Department, when asked to carry and accommodate an observer on fishing trips at no charge to the sponsoring agency. (b) If observer coverage of a trip is denied by the owner or operator of a vessel, the Department may require an explanation in writing from the owner or operator. This explanation shall be received by the Department within 15 days of written request by the Department for an explanation. (c) The Department may request revocation of fishing permits or licenses to the Commission for denials that it deems to be uncooperative in nature, after first allowing the owner or operator to meet with the Manager of Marine Region, or his representative, to provide an explanation for the denial. (d) The Department or Federal agency requesting cooperation under subsection (a) shall not require the vessel operator or owner to provide an observer with meals or a subsistence allowance on observed fishing trips, but shall accommodate the observer with regard to reasonable eating and working conditions and access to pertinent fishing information and fishery data while aboard the vessel. (e) Failure to provide reasonable eating and working conditions or access to pertinent fishing information or fishery data to observers, or actions taken by a vessel owner or operator against an observer that is prohibited pursuant to subsection (f), on observed fishing trips may lead to revocation of the vessel's fishing permits or licenses issued under regulations of the Commission following the procedure outlined in subsections (b) and (c) above. (f) To ensure that observer objectives may be reasonably and safely achieved, consistent with federal groundfish observer rules, it is unlawful for any person to do any of the following: (1) forcibly assault, resist, oppose, impede, intimidate, sexually harass, bribe, or interfere with an observer, (2) interfere with or bias the sampling procedure employed by an observer, including physical, mechanical, or other sorting or discarding of any catch before sampling, (3) tamper with, destroy or discard an observer's collected samples, equipment, or personal gear, without the express consent of the observer, (4) prohibit or bar by command, impediment, threat, coercion, or refusal of reasonable assistance, an observer collecting samples, making observations, or otherwise performing the observers duties, (5) harass an observer by conduct that has sexual connotations, has the purpose or effect of interfering with the observer's work performance, or otherwise creates an intimidating, hostile or offensive environment, (6) require, pressure, coerce, or threaten an observer to perform duties normally performed by crew members. Note: Authority cited: Sections 1006, 7071, 7652, 7923, 8405.3 and 8591, Fish and Game Code. Reference: Sections 7055, 7056, 7058, 7071, 7923 and 8587, Fish and Game Code. s 106. Permits to Commercially Take Shark and Swordfish Using Drift Gill Nets. (a) Permit Required. (1) The owner or operator of a vessel using drift gill nets to take shark and swordfish pursuant to sections 8561-8570 of the Fish and Game Code shall have obtained a valid drift gill net shark and swordfish permit and shall be in possession of said permit when engaged in such activities. (2) To Whom Issued. The department shall issue permits to the owner or operator of a currently registered vessel who has qualified for said permit pursuant to sections 8561-8570 of the Fish and Game Code. The applicant, if the holder of an expired drift gill net shark and swordfish permit, shall have complied with subsection (e) dealing with records during the preceding year. (3) Where Issued. Permits will be issued at department offices in Long Beach and San Diego. (4) Permit Review. (A) The department shall inform the applicant, in writing, that the application is complete and accepted for filing, or that the application is deficient and what specific information is required within 10 business days of receipt of a permit application. (B) The department shall inform the applicant, in writing, of a permit decision within 15 business days of receipt of a completed permit application. (b) Limitations of Permit. Permits are nontransferable. Not more than one permit shall be issued to any person. Except as provided in section 8564 of the Fish and Game Code, no permit shall be valid for more than one vessel at one time. (c) Duration of Permit. Except as otherwise provided, permits issued pursuant to these regulations shall be in force from the date of issuance through March 31, 1984. Permits issued on an annual basis after March 31, 1984 shall be in force from April 1 to March 31 of the following year or, if issued after the beginning of that term, for the remainder thereof. (d) Cost of Permit. See section 8567 of the Fish and Game Code. (e) Records. Pursuant to section 190 of these regulations, each permittee shall complete and submit an accurate record of all gill net fishing activities on a form (Gill and Trammel Net Log, DFG 174 (10/89), see Appendix A) provided by the department. (f) Notification Procedure. The department shall notify permittees if the director, pursuant to section 8577 of the Fish and Game Code, closes the drift gill net shark and swordfish fishery or any area where the fishery is conducted. The department shall notify a permittee if his permit is suspended pursuant to section 8576 of Fish and Game Code. In either case, the department shall notify permittees by certified mail and by public announcement on VHF/Channel 16 between 0800 hours and 1000 hours during normal business days. Radio transmissions shall commence 48 hours prior to the effective date of a closure or permit suspension and shall continue for 24 hours after the effective date of such action. It shall be the responsibility of the permittee to daily monitor the named radio channel during the specified hours. (g) A permittee may have any person serve in his place on the permittee's vessel and engage in fishing under his drift gill net shark and swordfish permit for not more than 15 calendar days in any one year, except as otherwise provided in section 8563(b) of the Fish and Game Code. A permittee shall notify the department's Long Beach office of such a substitution by certified letter or telegram to be received at the Long Beach office during normal business hours at least 24 hours prior to the commencement of the trip. Any notice sent in this regard shall include, but is not limited to: (1) Name of the vessel; (2) Name and commercial fishing license number of the substitute; (3) Departure date and port for the trip; (4) Termination date and port for the trip. Conviction of a substitute permittee for a willful violation of any provision of Article 16 (commencing with section 8560) of chapter 2 or article 1 (commencing with section 8601), or article 5 (commencing with section 8680) of chapter 3, part 3, division 6 of the Fish and Game Code or any regulation adopted pursuant thereto, while operating under the substitute permit, shall be cause to revoke or suspend the permit issued pursuant to sections 8560-8583 of the Fish and Game Code. (h) Conditions of Permit. Permit holders, their agents, servants, employees or those acting under their direction or control, shall comply with all applicable provisions of the Fish and Game Code relating to commercial fish and any regulations adopted pursuant thereto. (i) Revocation of Permits. Any permit may be revoked or suspended by the commission, when requested by the department, upon a conviction for a willful violation of any provision of article 16 (commencing with section 8560) of chapter 2 or article 1 (commencing with section 8601) or article 5 (commencing with section 8680) of chapter 3, part 3, division 6 of the Fish and Game Code, or violation of any condition of the permit by the permittee or the permittee's agent, servant, employee or person acting under the permittee's direction or control. Note: Authority cited: Sections 1050, 8394, 8561, 8577 and 8578, Fish and Game Code. Reference: Sections 8561-8570, Fish and Game Code. s 107. Broadbill Swordfish. (a) Permit Required. (1) The owner or operator of a vessel taking broadbill swordfish for commercial purposes shall have obtained a valid swordfish permit and shall be in possession of said permit when engaged in such activities. (2) To Whom Issued. The department shall issue a permit to the owner or operator of a currently registered vessel. The applicant, if the holder of an expired swordfish permit, shall have complied with subsection 107(e) dealing with records during the preceding year, or during the last year such applicant held a permit, in order to be eligible for a permit. (b) Limitations of Permit. Not more than one permit shall be issued to any operator. Permits shall not be assigned or transferred from person to person unless so authorized by the department. (c) Duration of Permit. Except as otherwise provided, permits issued pursuant to these regulations shall be in force from April 1 through March 31 of the following year, or if issued after the beginning of such term, for the remainder thereof. (d) Vessel Identification. Permittees vessel shall display its assigned permit number in 10 " high x 2 ". wide black Roman alphabet letters and Arabic numerals. Figures shall be black on a white background on both sides of the superstructure of the vessel. Numbers shall be displayed at all times while operating under a swordfish permit. (e) Records. Pursuant to Section 190 of these regulations, each permittee shall complete and submit an accurate record of all swordfishing activities on a form (Swordfish Harpoon Log, DFG 107 (10/89) see Appendix A) provided by the department. (f) Conditions of Permit. Provisions of the Fish and Game Code relating to commercial fish except as modified by the provisions of these regulations, shall be a condition of all permits to be fully performed by the holders thereof, their agents, servants, employees, or those acting under their direction or control. (g) Cost of Permit. See section 8394.5 of the Fish and Game Code. (h) Methods of Take. (1) Swordfish may be taken only with hand-held hook and line or handthrusted harpoon. (2) Aircraft may be used to directly assist a permittee or any person in the taking of any species of fish while operating under a swordfish permit. Only aircraft with current FAA registration which are registered with the department pursuant to Section 7881, Fish and Game Code, and aircraft pilots licensed pursuant to Section 7850, Fish and Game Code, may conduct flights for permittees. Such aircraft shall display the letters "SW" on the underside of each wing in block Roman alphabet at least 24 inches high x 3 inches wide, black in color and on a white background. (i) Notification Procedure. The department shall notify permittees if the director, pursuant to section 8577 of the Fish and Game Code, closes the swordfish harpoon fishery or any area where the fishery is conducted. The department shall notify permittees by certified mail and by public announcement on VHF/Channel 16 between 0800 hours and 1000 hours during normal business days. Radio transmissions shall commence 48 hours prior to the effective date of a closure and shall continue for 24 hours after the effective date of such action. It shall be the responsibility of the permittee to daily monitor the named radio channel during the specified hours. (j) Revocation of Permits. Any permit may be revoked and canceled by the commission upon breach or violation of any fish and game law or regulation or violation of the terms or conditions of the permit by the holders thereof, their agents, servants, employees or those acting under their direction and control. Note: Authority cited: Sections 1050, 7881 and 8394, Fish and Game Code. Reference: Sections 1050, 7881, 8394.5 and 8577, Fish and Game Code. s 107.1. Possession of Gill Nets by Swordfish Permittees. (a) Except as provided in subsection (b), any person operating under the authority of a swordfish permit as specified in Section 107 of these regulations may not possess a gill net aboard a swordfish permit vessel, except that set gill nets may be possessed, provided that the intent to use such gear has been declared on the application for a swordfish permit. (b) Drift gill nets may be possessed onboard a swordfish permit vessel and used by a swordfish permittee who also possesses a valid permit which authorizes the use of a drift gill net to take swordfish. Note: Authority cited: Section 8394, Fish and Game Code. Reference: Section 894, Fish and Game Code. s 107.5. Incidental Take of Swordfish by Gill Nets. Note: Authority cited: Section 8394, Fish and Game Code. Reference: Section 8394 and 8566, Fish and Game Code. s 108. Yellowfin Tuna. Note: Authority cited: Section 313, Fish and Game Code. Reference: Section 313, Fish and Game Code. s 109. Importation of Yellowtail and Barracuda from Mexico. No person, firm, or corporation shall deliver, accept, or unload any yellowtail or, barracuda, from any vessel carrying a purse seine or round haul net until the Department of Fish and Game Patrol office nearest the point of delivery shall have issued a written inspection clearance to the master or operator of such vessel, or his agent, permitting said delivery. Such clearances shall be on such forms as the Department of Fish and Game shall prescribe. Such clearances shall be issued upon presentation of evidence satisfactory to the Department of Fish and Game of the fact that such fish was taken south of the International Boundary Line between the United States and Mexico. Note: Authority cited: Section 2362, Fish and Game Code. Reference: Section 2362, Fish and Game Code. s 110. Pismo Clams Imported into California. Persons bringing pismo clams into the State at any time that such clams are legal to import under the provisions of section 2369 of the Fish and Game Code shall comply with the following regulations: (a) Pismo clams taken outside of this State must not be brought into, nor possessed within, any district during the closed season for pismo clams in said district. (b) The commission shall require the following information on each importation of pismo clams: State of California Department of Fish and Game RECORD OF ENTRY OF PISMO CLAMS INTO THE STATE OF CALIFORNIA (Section 2369, Fish and Game Code) Three copies made at point of entry, before a justice of the peace, notary public, or a fish and game warden or representative or federal custom immigration agent at border. One copy to remain with the shipment while it is in transit, one copy left on file with the person before whom the record is made, and one copy sent immediately to the nearest Department of Fish and Game office along with a $10 processing fee. (c) Pismo clams imported from south of the international boundary between the United States and Mexico to be used for any purpose after delivery to the point of destination in this State shall be distributed for consumer use in containers holding not more than five pounds of pismo clam meat. If pismo clams for consumer use are to be delivered in the shell, such container shall hold not more than 24 clams in shell. All containers shall be marked to indicate country of origin. The cost of such marking and certification shall be paid by the importer. Note: Authority cited: Section 2369, Fish and Game Code. Reference: Section 2369, Fish and Game Code. s 112. Surfperch. Surfperch of the family Embiotocidae may be taken, transported, possessed and sold for commercial purposes pursuant to the following conditions: (a) Notwithstanding the surfperch fishing season as specified in Fish and Game Code subsection 8395(b), surfperch of the family Embiotocidae may only be taken between August 1st and April 30th, except shiner surfperch (Cymatogaster aggregata), which may be taken, sold, or purchased at any time. Notwithstanding the authorized sale and purchase dates specified in 8395(b), surfperch may be sold or purchased only between August 1st and May 10th. (b) Surfperch of the familyEmbiotocidaeof the following species: barred surfperch; redtailed surfperch; and calico surfperch, taken during the open season north of a line drawn east and west through Point Arguello may be shipped south of said line and sold or purchased subject to the following regulations: (1) All such fish shall be individually tagged by the permanent attachment of tags inscribed "California Department of Fish and Game-Surfperch" before shipment south of said line. Possession of such fish south of said line without attached prescribed tags is unlawful for commercial purposes. (2) Tagging shall be conducted only by licensed wholesale fish dealers, their agents, or employees designated by the department. Said designated dealers are defined as those signing receipts for tags delivered to their place of business by department employees at cost. Designated dealers shall be required to produce official receipts for all said species of surfperch in quantities consistent with and corresponding to the number of tags requested. (3) It shall be unlawful to transfer, transport or possess unused tags at any location other than the designated dealer's licensed place of business. (4) The possession of unused surfperch tags, or any surfperch tags not attached to surfperch is unlawful in any place where fish are sold south of said line. (5) A fee of $10 for each tag order shall be paid to the department to cover administrative costs. Note: Authority cited: Section 8395, Fish and Game Code. Reference: Section 8395, Fish and Game Code. s 115. Mussels. California sea mussels ( Mytilus californianus) may only be taken in adherence with the provisions of Section 123 and under the following conditions: (a) The harvester must be a licensed commercial fisherman. (b) Limits: (1) In Districts 19, 19A, 19B, and 21, the daily bag limit is 250 pounds in the shell where: 1 pound shucked meat is equivalent to 3.8 pounds in shell; and 1 gallon shucked meat is equivalent to 30 pounds in the shell. (2) In the remainder of the state there is no bag limit. Note: Authority cited: Section 8344, Fish and Game Code. Reference: Section 8344, Fish and Game Code. s 116. Crayfish. Freshwater crayfish may not be taken for commercial purposes except in accordance with the following regulations: (a) Licenses and Permits Required. (1) Crayfish may not be taken for commercial purposes except under a revocable, nontransferable, numbered permit issued by the department. See subsection 699(b) of these regulations for the fee for this permit. (NOTE: This fee shall be charged effective April 1, 1992.) Persons taking crayfish for a fee under the authority of a scientific collector's permit do not need to have this permit. (2) Except for those taking crayfish for a fee under the authority of a scientific collector's permit, every person who takes, assists in taking, possesses or transports crayfish while on any boat or vessel, or who uses or operates or assists in using or operating any boat, trap, or other appliance to take crayfish, must have a valid crayfish permit issued to him and must be in possession of said permit while engaged in any of such activities. (3) Crayfish may not be taken for commercial purposes for human consumption except under the authority of a commercial fishing license. Commercial fishermen taking crayfish shall also comply with requirements of the Fish and Game Code relating to commercial fishing vessel registration and other applicable commercial laws. (4) Crayfish may not be taken as live bait for commercial purposes except under the authority of a live freshwater bait fish license. (5) Crayfish permits shall contain all applicable regulations and shall be conditioned on compliance with such regulations and the applicable provisions of law. (6) The application for such a permit shall contain the statement, signed by the applicant, that he has read, understands, and agrees to be bound by all the terms of the permit. (7) Such permits shall be issued annually by the department for the period from April 1 to March 31 of the following year, or, if issued after the beginning of such term, for the remainder thereof. A crayfish permit may be revoked or suspended, for a period not to exceed one year, by the commission for violation of any of the terms of the permit or provisions of law relating to the taking of crayfish by the permittee or his agent, servant, employee, or person acting under his direction and control. However, any person who has had such a permit revoked may be required by the commission to appear before it and no new permit may be issued to such person unless the commission finds that such issuance will be in the best interests of the crayfish resource. (8) The permit number of the person owning or in command of any boat used to take crayfish shall be visibly displayed on both sides of the boat in 10-inch black numbers, one-inch wide, on a white background. (b) Records. The department may require persons taking crayfish for commercial purposes to keep an accurate, complete record of daily fishing operations on forms provided by the department. If so required, the original copy of the completed forms, recording one month's fishing activity, shall be mailed to the department by the fifth day of the following month. (c) Fishing Area and Season. (1) Area: Crayfish may be taken for commercial purposes only in the following counties or portions thereof except that no crayfish shall be taken in any lake or reservoir within the county: (A) Tehama, Glenn, Butte, Colusa, Sutter, Yuba, Yolo, Sacramento, Solano, Contra Costa, San Joaquin, Stanislaus, Merced, Kings, Santa Barbara, Ventura, Los Angeles, Orange, San Bernardino, Riverside, San Diego and Imperial counties. (B) Nevada, Placer, El Dorado, Amador, Calaveras, Tuolumne and Mariposa counties west of Highway 49. (C) Madera, Fresno, Tulare and Kern counties west of the westerly boundaries of the National Park or National Forest lands. (2) Open Season: All year. (d) Restricted Sale. (1) Crayfish taken under the authority of a commercial license and a crayfish permit may be used only for human consumption and may not be sold, purchased or traded for any other use, except that they may be sold to a registered aquaculturist. (2) Crayfish taken under the authority of a live bait fish license shall be used only for bait purposes and shall not be sold, purchased or used for any other purpose. (e) Size Limit. (1) No live crayfish of the genus Pacifastacus less than three and five-eights inches (92mm) in length from tip of nose (acumen) to tip of tail (telson), measured in a straight line ventral side up, may be taken commercially, except an allowable percentage of unacceptable (dead or undersized) Pacifastacus in any load or lot shall not be more than 10% by number. (2) With the exception of the 10% allowable unacceptable crayfish, all other undersized Pacifastacus shall be returned unharmed to the waters from which taken. Such crayfish shall be sorted and returned immediately following processing of any trap or trap line before pulling additional traps or before returning to any dock or landing. (3) The processing plants may not possess any cooked crayfish of the genus Pacifastacus which are less than three and one-half inches (89 mm) in length from the tip of nose (acumen) to tip of tail (telson), measured in a straight line ventral side up, except an allowable percentage of undersized Pacifastacus shall not be more than 5% by number of the total crayfish received at the processing plant during the day or processing. (4) Any undersized Pacifastacus taken to the processing plant shall be returned to the water from which they were taken within twenty-four hours from the time of arrival at the processing plant. Either the processor or a commercial fisherman shall return the crayfish. Such crayfish shall be maintained alive and in good condition until they are released. (5) There is no minimum size limit on crayfish of the genus Procambarus or the genus Orconectes. (6) To determine the percentage of unacceptable crayfish of the genus Pacifastacus which are either dead and/or less than the minimum size limit fixed by this section, samples shall be taken from various portions of the load or lot and shall be measured and counted. The mean of the combined counts of all samples taken shall be used to determine the percentage of unacceptable Pacifastacus in the load or lot. Samples shall be taken in containers of not less than one gallon size approximately full of Pacifastacus. At least three such samples shall be taken from any load or lot. (f) Female Crayfish. Any female crayfish carrying eggs (berried crayfish) or young shall be returned unharmed to the water at the time the crayfish are sorted. (g) Methods of Take. Crayfish may be taken only by hand, hook and line, dip net not over six feet in greatest diameter or with a trap not over three feet in greatest dimension. (h) Trap Identification. All crayfish traps shall be permanently tagged with a visible, metal tag bearing the crayfish permit number of the fisherman. Any person pulling or raising crayfish traps bearing a permit number other than his own must have in his possession written permission to pull the traps from the person who holds the crayfish permit number identifying such traps. (i) Buoys. Each person taking crayfish for commercial purposes shall designate a trapping area with at least two buoys, one at either end of a trap line; however, the buoys do not have to be attached to the trap line. Such buoys shall be spaced not less than 200 feet, nor more than 1,200 feet apart. The upstream buoy shall be painted red and the downstream buoy white. When single traps are employed such traps shall be individually buoyed with a minimum spacing of 200 feet between traps. Buoys for single traps shall be painted yellow. Each buoy shall bear the permit number of the fisherman in a color that contrasts with that of the buoy. The permit number on the buoy shall be at least 1 1/2 inches in height and all markings shall be at least one-quarter inch in width. (j) Containers. Any container used to hold or transport live crayfish shall be vented at the bottom. The depth of crayfish in such container shall not exceed 13 inches. (k) All crayfish traps must be raised and processed at least once every 72 hours. Traps not processed within this time limit shall be considered abandoned and shall be subject to seizure by department personnel. ( l) Scientific and Educational Use. (1) Each person who collects crayfish for a fee for scientific and educational purposes shall have a commercial fishing license, and each boat used for this purpose shall be registered as a commercial fishing vessel. However, if a fisherman is collecting crayfish of the genus Pacifastacus he must also have a scientific collecting permit (see section 650, title 14, CAC, for the requirements). (2) A qualified scientific supply house shall issue a market order to each fisherman before the fisherman collects crayfish. Each market order shall specify the collecting locality, and the duration of that market order. Each fisherman shall have a market order in his possession when collecting crayfish. (3) The fishing area and season fixed in subsection (c) and the minimum size limit fixed in subsection (e) of this section shall also apply to the fishermen collecting crayfish for a fee for scientific and educational purposes. Note: Authority cited: Section 8491, Fish and Game Code. Reference: Sections 8491 and 15101, Fish and Game Code. s 119. Trawl Nets Inside of the Golden Gate Bridge. Bay shrimp, Oriental gobies, longjaw mudsuckers, staghorn sculpin, and plainfin midshipman inside of the Golden Gate Bridge may be taken for commercial purposes by the use of trawl nets only under a revocable, nontransferable permit issued by the department. All other species taken shall be immediately returned to the water. (a) Qualifications of Permits. The applicant must be a licensed commercial fisherman and operator of a currently registered commercial fishing vessel. (b) Limitation of Permit. A permit shall be issued to an individual owning or operating a vessel engaged in the fishery. Permits shall not be assigned or transferred from person to person. See subsection 699(b) of these regulations for the fee for this permit. (c) Permit Areas. (1) Trawl nets may be used in Districts 2, 12, 13, and that portion of District 3 upstream of the Carquinez Bridge, except as noted in subsections (c)(2) and (c)(3). (2) The southern boundary of Fish and Game District 13 is the Southern Pacific Railroad crossing at Coyote Creek. (3) Trawl nets may be used only in the portions of Districts 2 and 3 lying westerly of a projected straight line beginning at Point Edith on the south and extending through Buoy "6" to the shoreline on the north. (d) Season. All year. (e) Limitation of Gear. (1) When any nets possessed under the terms of these regulations are in possession on any permittee's vessel, no other fishing nets may be possessed on that vessel. (2) All fishing gear used under the provisions of this permit is subject to inspection and approval by the department. (3) On request, any authorized representative of the department shall be permitted to travel on the permittee's boat to observe fishing operations. (f) Identification of Vessel. Each vessel operating under the provisions of these regulations shall display on both sides of the vessel the number of the owner's permit in 14 inch black numbers on a white background. (g) Records. Pursuant to section 190, of these regulations, each permittee shall complete and submit an accurate record of his fishing activities on a Bay Shrimp Log form, (FG 2025 (new 11/2005), see Appendix A. (h) Conditions of Permit. The provisions of the Fish and Game Code relating to commercial fishing except as modified by the provisions of this permit shall be a condition of all permits to be fully performed by the holders thereof, their agents, servants, employees, or those acting under their direction and control. (i) A permittee prohibited from obtaining a permit may request a hearing before the commission to show cause why his trawl fishing privileges should be restored. (j) Revocation of Permits. Permits may be revoked and cancelled by the commission without notice, upon the breach or violation of any fish and game law or regulation or any violation of the terms or conditions of this permit by the holders thereof, their agents, servants, employees or those acting under their direction and control. Permits so revoked and cancelled may not be renewed for a period of one year from the date of revocation. Note: Authority cited: Section 8832, Fish and Game Code. Reference: Sections 7857 and 8832, Fish and Game Code.Authority cited: Section 8832, Fish and Game Code. Reference: Sections 7857 and 8832, Fish and Game Code. s 120. Prawn or Shrimp Trawling. The following are the regulations under which permits to use or possess trawls for the taking of shrimp or prawns in ocean waters pursuant to section 8842 are to be granted: (a) Qualifications of Permittee. The applicant must be the operator of a currently registered commercial fishing vessel. (b) Southern Pink Shrimp Trawl Permit. On and after April 1, 2001, any person using a trawl net to take, possess aboard a boat, or land pink shrimp for commercial purposes in ocean waters south of a line drawn due west of Point Conception shall have a southern pink shrimp trawl permit that has not been suspended or revoked. (c) Cost of Permit. See subsection 699(b) of these regulations for the fee for this permit. (NOTE: This fee shall be charged effective April 1, 1992.) (d) Permit Areas. The taking of pink shrimp north of a line drawn due west of Point Conception shall be subject to this section and Section 120.01, Title 14, CCR. Trawling for shrimp or prawns shall be permitted only in those waters of Fish and Game Districts 6, 7, 10, 17, 18, and 19, lying not less than three (3) nautical miles from the nearest point of land on the mainland shore, all offshore islands and the boundary line of District 19A, except that in waters lying between a line extending due west from False Cape and a line extending due west from Pigeon Point, trawling is allowed not less than two (2) nautical miles from the nearest point of land on the mainland shore. However, no trawling shall be conducted in the cowcod closure areas defined in Section 150.06, Title 14, CCR. (e) Season. Pink shrimp may be taken April 1 through October 31. The taking of golden, spot and ridgeback prawns is provided for in Section 120.3, Title 14, CCR. (f) Gear Specifications. (1) The net to be used for the capture of shrimp or prawns shall be an otter trawl or a beam trawl net. (2) The mesh of any webbing used on or with the beam or otter trawl shall not be less than 1 3/8 inches measured inside the knots. (3) An approved Bycatch Reduction Device (BRD) shall be used on all trawl nets used in the commercial pink shrimp trawl fishery and is described as one of the following: (A) The Nordmore Grate. The grate consists of a series of rigid or semi-rigid vertical bars that form a panel which guides finfish out of an escape hole located in the top of the net. The device may include a funnel used to concentrate catch near the bottom of the panel to facilitate sorting but is not a required component. An approved Nordmore Grate must meet the following criteria: 1. The rigid or semi-rigid panel must completely cover some portion of the net in diagonal cross-section. 2. None of the openings between the vertical bars of the panel may exceed 2 inches. 3. The escape hole, when spread open, must expose a hole at least 100 square inches in surface area, which is the equivalent to removing 10-12 meshes in a straight line. 4. The escape hole must be forward of the panel and the farthest back point must end within four meshes of the point at which the rigid or semi-rigid panel connects to the main net at its farthest back point. (B) The Soft-Panel Excluder. This device uses a mesh panel to guide fish out of an escape hole located in the top of the net. An approved soft-panel BRD must satisfy the following criteria: 1. The panel meshes must be constructed of net material with individual meshes no larger than 6 inches (stretch measure). 2. The panel must completely cover some portion of the net in diagonal cross-section and partial panels are not allowed. 3. The escape hole must, when spread open, expose a hole at least 100 square inches in surface area, which is equivalent to cutting 10-12 meshes in a straight line. 4. The escape hole must be positioned forward of the panel and end within four meshes of the point at which the panel connects to the main net at its farthest back point. (C) The Fisheye Excluder. This device functions as a simple forward facing escape hatch that is maintained by a rigid frame. An approved fisheye BRD must meet the following criteria: 1. The escape hole must be forward facing so that finfish can swim towards the mouth of the net to exit through the fisheye. 2. The device must be placed on the top of the codend, no further forward than 84 codend meshes, counted from the pursing rings. 3. The escape hole must be no less than 6 inches in height and no less than 10 inches in width. (4) A revocable experimental BRD permit may be issued by the Department's Marine Region Manager and used in lieu of an approved BRD under the following terms and conditions: (A) The experimental BRD meets minimum design criteria for approved BRDs as determined by the Marine Region Manager. (B) The permitted vessel carries a Department-approved observer coverage during all times that the experimental BRD is used in lieu of an approved BRD to harvest pink shrimp. (C) The experimental BRD permit is valid for the duration of the impending or current pink shrimp season unless revoked. (5) Bycatch reduction devices shall not be modified in any way that interferes with their ability to allow fish to escape from the trawl, except for the purpose of testing the BRD to measure shrimp loss. Authorized testing of BRDs may be conducted as follows: (A) All testing must occur between 3:00 p.m. and 6:00 p.m. Pacific Time. (B) For vessels fishing two nets simultaneously (double-rigged boats), only one net may contain a disabled BRD (approved or experimental). (C) For vessels fishing only one net, the BRD may be disabled only between 3:00 p.m. and 6:00 p.m. Pacific Time. (g) Limitations of Gear. (1) Nets used for the taking of shrimp or prawns under this regulation may be possessed on a boat in a permit area only when the shrimp or prawn trawling season is open in that area, except as provided in (6) below and except that for a period of seven (7) days following the close of the season, shrimp or prawn nets may be possessed on a boat for the purpose of cleaning, drying, or maintaining such nets, provided that the boat remains in port during the time the net(s) is aboard. No shrimp trawl net may be possessed on board a vessel in the commercial pink shrimp fishery that does not include an excluder device. All bycatch reduction devices and codends used for trawl fishing for pink shrimp must be readily accessible and made available for inspection at the request of a department official. (2) When any nets possessed under the terms of these regulations are in possession on any permittee's vessel, no other fishing nets may be possessed on that vessel. (3) No web, the meshes of which are less than that prescribed in these regulations, may be possessed on any vessel which is operating under the provisions of a shrimp or prawn permit. (4) All fishing gear used under the provisions of this permit is subject to inspection and approval by the Department of Fish and Game at any time. (5) On request, any authorized representative of the Department of Fish and Game shall be permitted to travel on the permittee's boat to observe shrimp or prawn trawling operations. (6) The department may issue revocable nontransferable permits to shrimp permittees for purpose of transporting shrimp or prawn nets in closed permit areas. The permit must include such information as the name of the vessel that will transport the net and a termination date that does not extend beyond the end of the season in progress. The permit shall be carried aboard the vessel upon which the net is being transported. (7) No shrimp trawl nets may be removed from the vessel participating in the pink shrimp trawl fishery prior to the offloading of pink shrimp. (h) Incidentally Caught Fish. Not more than 1,500 pounds, multiplied by the number of days of the fishing trip, of fish other than Pacific whiting, shortbelly rockfish, or arrowtooth flounder caught incidentally with shrimp or prawns may be possessed on any boat operating under a permit as provided in these regulations, except salmon may be taken and possessed subject to sections 8210.2 to 8226, and 8230 to 8237, inclusive, of the Fish and Game Code. Spot prawns shall not be possessed or landed as incidental catch in the pink shrimp fishery. (i) Maximum Count per Pound. It is illegal for any vessel operating under a southern pink shrimp permit or a permit as provided in Section 120.01, Title 14, CCR, to land pink shrimp having a count greater than 160 shrimp per pound. (j) Records. Pursuant to section 190 of these regulations, each permittee shall complete and submit an accurate record of his fishing activities on a form (Shrimp/Prawn Trawl Log, DFG 120 (10/ 89), see Appendix A) provided by the department. (k) Conditions of Permit. The provisions of the Fish and Game Code of California relating to commercial fishing except as modified by the provisions of this permit shall be a condition of all permits to be fully performed by the holders thereof, their agents, servants, employees, or those acting under their direction and control. (l) Revocation of Permits. All permits may be revoked and canceled by the Fish and Game Commission without notice, upon the breach or violation of any fish and game law or regulation or any violation of the terms or conditions of this permit by the holders thereof, their agents, servants, employees or those acting under their direction and control. Permits so revoked and canceled may not be renewed for a period of one year from the date of revocation. Note: Authority cited: Sections 8591 and 8842, Fish and Game Code. Reference: Sections 1700 and 8590-8595, Fish and Game Code. s 120.01. Pink Shrimp Trawling. (a) Permit Required. On and after April 1, 2001, any person using a trawl net to take, possess aboard a vessel, or land pink shrimp for commercial purposes in ocean waters north of a line drawn due west of Point Conception shall have a northern pink shrimp trawl permit or a northern pink shrimp trawl individual permit that has not been suspended or revoked. All pink shrimp taken in ocean waters north of the aforementioned line incidental to other fishing activities shall be immediately returned to the water. Pink shrimp taken south of the aforementioned line shall be subject to the provisions of Section 120, Title 14, CCR. For the purposes of this section, vessel owner includes any person who has a lease-purchase agreement for the purchase of a vessel. (b) Initial Permit Issuance. (1) A northern pink shrimp trawl individual permit may be issued to the holder of a valid 2000-01 pink shrimp trawl individual permit who landed a minimum of 5,000 pounds of pink shrimp north of Point Conception in each of three of the fishing seasons from April 1, 1994 to October 31, 1999 as documented by department landing receipts submitted in their name and commercial fishing license identification number. (2) A northern pink shrimp trawl vessel permit may be issued to the current owner of a vessel with a valid 2000-01 pink shrimp trawl vessel permit who landed a minimum of 5,000 pounds of pink shrimp north of Point Conception in each of three of the fishing seasons from April 1, 1994 to October 31, 1999, as documented by department landing receipts. (3) A northern pink shrimp trawl vessel permit may be issued to an individual who does not qualify for a permit in (b)(1) or (2), above, and is the current owner of a commercial fishing vessel and who has been licensed as a California commercial fisherman for at least 20 years at the time of application and has participated in the pink shrimp trawl fishery for at least one of those years in this state as documented by department landing receipts that cumulatively total 5,000 pounds of pink shrimp landed by trawl nets in their name and commercial fishing license number. Any permit issued under this provision shall be nontransferable. (4) Initial applications for all northern pink shrimp trawl permits shall be received by the department or, if mailed, postmarked no later than May 31, 2001. Initial late applications shall be received by the department or, if mailed, postmarked not later than June 30, 2001 and shall be accompanied by a $50 late fee. Initial late applications not received by the department or, if mailed, postmarked after June 30, 2001, will not be considered. A permit shall not be issued until the $50 late fee is paid. (5) No individual or corporation that qualifies for a northern pink shrimp trawl vessel permit shall be issued a northern pink shrimp trawl individual permit. (c) Vessel Length Endorsement. (1) Each northern pink shrimp trawl vessel permit shall be endorsed with the overall length at the time of initial issuance. Vessel overall length is measured between the perpendiculars at the foremost portion of the hull at the stem, excluding any extensions commonly known as bowsprits, and the aftermost portion of the hull at the sternpost, excluding any extensions thereof. One of the following forms of documentation shall be submitted as proof of the vessel's overall length. (2) Marine Survey Report. Before any northern pink shrimp trawl vessel permit is issued or transferred to another vessel, the owner of the vessel who will receive the permit may submit a marine survey completed by a certified marine surveyor on or after April 1, 1999 that clearly shows the vessel overall length. (3) Federal Groundfish Permit. Before any northern pink shrimp trawl vessel permit is issued or transferred to another vessel, the owner of the vessel who will receive the permit may submit their current valid Federal Groundfish Permit with its endorsed length as documentation of the vessel's overall length. (4) When a vessel is no longer available for an overall length measurement, as determined by the department, and does not have a current valid Federal Groundfish Permit, the department may consider: a Marine Survey dated prior to April 1, 1999, U.S. Coast Guard Documentation, or Department of Motor Vehicles registration records. (d) Permit Renewal. (1) Applicants for northern pink shrimp trawl permits must have held a valid northern pink shrimp trawl permit in the immediately preceding permit year. All applications for northern pink shrimp trawl permit renewal shall be received by the department or, if mailed, postmarked not later than April 30 each year. Late applications for northern pink shrimp trawl permit renewal shall be received by the department or, if mailed, postmarked not later than May 31 of each year and shall be accompanied by a $50 late fee. Late applications for northern pink shrimp trawl permit renewal not received, or if mailed, postmarked after May 31 will not be considered. A permit shall not be issued until the $50 late fee is paid. (2) A northern pink shrimp trawl individual permit shall be upgraded to a northern pink shrimp trawl vessel permit before April 1, 2003. The vessel that the northern pink shrimp trawl vessel permit is assigned to may be not more than five feet greater in overall length than the longest vessel on which the permittee made qualifying landings. The individual permittee is subject to the terms of permit renewal in Section 120.01(d)(1). Any northern pink shrimp trawl individual permit not upgraded to a northern pink shrimp trawl vessel permit before April 1, 2003 shall be deemed forfeit to the department. (e) Permit Transfers. (1) A northern pink shrimp trawl vessel permit may be transferred to a replacement vessel owned by the permittee within two years of the permitted vessel being lost, stolen, or destroyed. The replacement vessel may be up to but not more than five feet greater in overall length than the original permitted vessel. The original length endorsement will remain on the permit. (2) A northern pink shrimp trawl vessel permit is otherwise transferable to another owner only if the vessel qualifying for the initial permit landed 90,000 pounds of pink shrimp by trawl north of Point Conception from April 1, 1994 to October 31, 1999. An individual permit, when upgraded to a vessel permit pursuant to Section 120.01(d)(2), shall be otherwise transferable to another owner only if the fishermen qualifying for the initial permit landed 90,000 pounds of pink shrimp by trawl north of Point Conception from April 1, 1994 to October 31, 1999. (A) The transferable permit may not be transferred more than once every twelve months. (B) The transferable permit may be transferred any number of times to a different vessel up to five feet greater in overall length than the original endorsement, or of equal or less overall length. The original length endorsement will remain on the permit. (C) A transferable permit may be permanently changed to a nontransferable permit on written request of the vessel owner. The permit shall not be restored to a transferable permit under any circumstances. (3) On the death of a transferable northern pink shrimp trawl vessel permittee an heir may apply to the department to transfer that permit to him or her. The application for transfer shall be received by the department within two years of the death of the permittee. (4) Any northern pink shrimp trawl vessel permit may be temporarily transferred, for up to one year, to a different vessel, if the permitted vessel is seriously damaged, has suffered a major mechanical breakdown, or is lost or destroyed. The request for temporary transfer shall include documentation of the damage, breakdown, loss or destruction. (5) Any northern pink shrimp trawl vessel may be permanently retired from the fishery for any reason, and the permit transferred to a different vessel, up to but not more than five feet greater in overall length than the original length endorsement, which is owned by the same permittee. (f) Appeal. (1) Any applicant who is denied initial issuance of a northern pink shrimp trawl vessel permit or a northern pink shrimp trawl individual permit by the department for any reason may appeal that denial to the commission in writing, describing the basis for the appeal. The appeal shall be received by the commission or, if mailed, postmarked not later than March 31, 2002. (2) Appeals for initial permit issuance may be based on medical conditions, vessel condition, purchase of a vessel during the moratorium period which had a pink shrimp vessel permit, economic conditions in the fishery, historic participation levels in the California pink shrimp fishery, oceanographic conditions and associated low availability of shrimp in the California area of the fishermen's residence, and incapacity of the vessel to participate in the fishery. (3) Any applicant who is denied renewal of a northern pink shrimp trawl permit may appeal the denial to the department in writing describing the basis for the appeal. The appeal shall be received or, if mailed, postmarked no later than March 31 following the permit year in which the applicant last held a valid northern pink shrimp trawl permit. The appeal shall be reviewed and decided by the department. The decision of the department may be appealed in writing to the commission within 60 days of the date of the department's decision. (4) Any applicant who is denied transfer of a northern pink shrimp trawl vessel permit may appeal the denial to the department in writing not more than 90 days from the date of denial describing the basis for the appeal. The appeal shall be reviewed and decided by the department. The decision of the department may be appealed in writing to the commission within 60 days of the date of the department's decision. (g) Fees. (1) The annual fee for a transferable northern pink shrimp trawl vessel permit is $1,015. (2) The fee to transfer a permit to a new owner is $1,000. No northern pink shrimp trawl vessel permit shall be transferred without a completed application and payment of fees. (3) The fee to transfer a permit to another vessel owned by the same permittee is $200. (4) The fee for a temporary permit transfer of up to one year is $100. (5) The annual fee for a nontransferable northern pink shrimp trawl vessel permit is $507.50. (6) The annual fee for a northern pink shrimp trawl individual permit is $500. (7) The fee to upgrade a northern pink shrimp trawl individual permit to a northern pink shrimp trawl permit is $200. (h) Conditions for Continued Eligibility. Any northern pink shrimp trawl vessel or northern pink shrimp trawl individual permit not renewed on or before May 31 of each permit year shall be considered forfeit to the department. (i) Capacity Goal. (1) The department shall evaluate the capacity goal every three years and report to the commission, with a recommendation regarding issuance of new permits. (2) The capacity goal for transferable permits shall be a range from 75 up to the number of permits initially issued, and for nontransferable permits a range of 0 up to the number of permits initially issued. (j) Permit Revocation. (1) A northern pink shrimp trawl vessel or individual permit shall be revoked if false information is provided by the permittee to obtain the permit. Note: Authority cited: Sections 713, 1050, 8591 and 8842, Fish and Game Code. Reference: Sections 1050, 7057, 7852.2, 7858, 8101, 8591 and 8842, Fish and Game Code. s 120.3. Golden Prawn (Penaeus Californiensis), Spot Prawn (Pandalus Platyceros)and Ridgeback Prawn (Eusicyonia Ingentis) Trawling. Prawns may only be taken by trawl nets for commercial purposes pursuant to sections 120 and 120.3 of these regulations, or by traps, pursuant to sections 180, 180.2, 180.5 and this section. Spot prawns may not be taken or possessed using trawl nets. Permits to use or possess trawl nets for the taking of golden prawns and ridgeback prawns in ocean waters may be granted only under the following conditions: (a) Qualifications of Permittee. The applicant must be a licensed commercial fisherman and operator of a currently registered commercial fishing vessel. (b) Cost of Permit. See subsection 699(b) of these regulations for the fee for this permit. (NOTE: this fee shall be charged effective April 1, 1992.) (c) Permit Area. Trawling for golden and ridgeback prawns shall be permitted in waters not less than 25 fathoms in depth and lying not nearer than three nautical miles distance from the nearest point of land on the mainland shore, and from all offshore islands. No trawling shall be conducted in the cowcod closure areas defined in Section 150.06, Title 14, CCR. Also, trawling shall not be conducted within District 19A which shall include a line from Malibu Point (34 <> 01.8'N., 118 <> 40.8'W) to Rocky Point (Palos Verdes Point) (33 <> 46.5'N., 118 <> 25.7'W.). (1) Trawling Zones. (A) Trawling Zone 1: Includes waters between the California-Oregon border and a line extending due west from False Cape (Lat. 40 <> 31'N). (B) Trawling Zone 2: Includes those waters between a line extending due west from False Cape and a line extending due west from Lopez Point (Lat. 36 << degrees>>N). (C) Trawling Zone 3: Includes those waters between a line extending due west from Lopez Point and a line extending due west from Point Arguello (Lat. 34 << degrees>> 35'N). (D) Trawling Zone 4: Includes those waters between a line extending due west from Point Arguello and a line extending due west from Point Dume (Lat. 34 << degrees>> 0'N). (E) Trawling Zone 5: Includes those waters lying between a line extending due west from Point Dume and the California-Mexico boundary, excluding Fish and Game Districts 19A, 19B, 20, 20A and 21. (d) Restricted Catch Period: Trawling for ridgeback prawns in all zones shall be subject to the incidental catch restrictions pursuant to subsection (g) from June 1 through September 30. (e) Gear Specifications. (1) Trawl nets with single-walled bag or cod-end: The mesh of any webbing shall not be less than 1 1/2 inches in length. (2) Trawl nets with double-walled bag or cod-end: The mesh of any webbing or liner shall not be less than 3 inches in length. The lines and cod-end shall be tied together along the rib lines. (3) Mesh measurement. Minimum trawl mesh size requirements are met if a standard stainless steel wedge of appropriate gauge can be passed with thumb pressure only through 16 of 20 sets of two meshes each of wet mesh in the cod-end. (f) Limitation of Gear. (1) No net, the meshes of which are less than prescribed in these regulations, may be possessed on any vessel which is operating under the provisions of a golden prawn or ridgeback prawn permit. (2) All fishing gear used under the provisions of these regulations is subject to inspection and approval by the department at any time. (3) On request, any authorized representative of the department shall be permitted to travel on the permittee's boat to observe golden prawn or ridgeback prawn trawling operations. (g) Incidental Catch Restrictions. (1) Not more than 1,000 pounds of any fish caught incidentally with pink shrimp, golden or ridgeback prawns may be possessed on any boat operating under a permit as provided in these regulations. Fisherman should refer to subsection 189(a), Title 14, CCR, for bycatch limits of federally-managed groundfish species. Any amount of sea cucumbers taken incidentally may be possessed if the owner or operator of the vessel possesses a permit to take sea cucumbers pursuant to Section 8405 of the Fish and Game Code. (2) During the restricted catch period for ridgeback prawns, loads of fish shall not contain more than 50 pounds without restriction or 15%, by weight, of ridgeback prawns. For the purpose of this regulation, species of fish other than spot prawns shall not be included in the determination of the percentage of ridgeback prawns taken or possessed in any load of fish containing mixed species. (3) Trawl loads of fish shall not contain more than 50 pounds without restriction or 15%, by weight, of spot prawns. For the purpose of this regulation, species of fish other than ridgeback prawns shall not be included in the determination of the percentage of spot prawns taken or possessed in any load of fish containing mixed species. (h) Records. Pursuant to Section 190 of these regulations, each permittee shall complete and submit an accurate record of his fishing activities on a form (Shrimp/Prawn Trawl Log, DFG 120 (10/89), see Appendix A) provided by the department. (i) Conditions of Permit. The provisions of the California Fish and Game Code relating to commercial fishing, except as modified by the provisions of these regulations, shall be a condition of all permits to be fully performed by the holders thereof, their agents, servants, employees, or those acting under their direction and control. (j) Revocation of Permits. All permits may be revoked and cancelled by the commission upon the breach or violation of any fish and game law or regulation or violation of the terms or conditions of this permit by the holders thereof, their agents, servants, employees or those acting under their direction and control. Note: Authority cited: Sections 710.7, 711, 8591 and 8842, Fish and Game Code. Reference: Sections 710.7, 711, 8140 and 8842, Fish and Game Code. s 120.4. Restricted Access Fishery. A control date of January 1, 1999, is established for the purpose of developing a restricted access spot, ridgeback, and golden prawn trawl fishery. Only those vessels which have made at least one spot, ridgeback, or golden prawn landing with trawl gear before this date may be considered for inclusion in the restricted access trawl fishery. Note: Authority cited: Sections 8591 and 8842, Fish and Game Code. Reference: Sections 8590, 8591, 8593 and 8595, Fish and Game Code. s 120.5. Brine Shrimp Trawling-Mono Lake, Mono County. Permits to use or possess trawl nets for the taking of brine shrimp in Mono Lake, Mono County, pursuant to section 8842 of the Fish and Game Code may be granted only under the following terms and conditions: (a) Qualifications of Permittee. The applicant must be a licensed commercial fisherman and operator of a currently registered commercial fishing vessel. (b) Limitation of Permit. Not more than one permit shall be issued to any one person. No permit shall be valid for more than one vessel. Permits shall not be assigned or transferred from person to person nor from vessel to vessel. (c) Duration of Permit. Except as otherwise provided, any permit issued pursuant to these regulations shall be in force from January 1st to December 31st, or, if issued after the beginning of such term, for the remainder thereof. (d) Permit Area. Mono Lake, Mono County. (e) Season. All year. (f) Gear Specifications. Any trawl net. (g) Limitation of Gear. (1) Nets used for the taking of brine shrimp under this regulation may not be possessed in any area except Mono Lake, Mono County, and on shore within one mile from the edge of the lake. (2) The holder of a permit to take brine shrimp in Mono Lake, Mono County, may transport any trawl net across any district closed to the possession of said nets for the purpose of using same in Mono Lake. (h) Incidentally Caught Fish. All other fish or shellfish incidentally captured in trawling for brine shrimp must be returned immediately to the lake. (i) Conditions of Permit. The provisions of the Fish and Game Code of California relating to commercial fishing except as modified by the provisions of this permit shall be a condition of all permits to be fully performed by the holders thereof, their agents, servants, employees, or those acting under their direction or control. (j) Revocation. All permits may be revoked or suspended by the Fish and Game Commission for a period of not to exceed one year for any violation of the terms or conditions of this permit by the holders thereof, their agents, servants, employees or those acting under their direction or control. (k) Cost of Permit. See subsection 699(b) of these regulations for the fee for this permit. Note: Authority cited: Section 8842, Fish and Game Code. Reference: Section 8842, Fish and Game Code. s 120.6. Use of Powered Equipment of the Type, Size and Specifications Hereinafter Noted to Take Crustaceans. Powered equipment may be used to take only Callianassa affinis, Callianassa californiensis, and Callianassa giga (commonly called ghost shrimp) under the following conditions: (a) Powered equipment is a hand operated hydraulic pump or a pump driven by an engine not to exceed 5 horsepower. Intake and outlets of suction and hydraulic nozzles shall not be in excess of an inside diameter of 2 inches. The hydraulic nozzle shall not be longer nor extended into any tideland sands to a depth greater than 3 feet, and all engine-driven pumps shall have a shut-off valve at the nozzle. (b) Each person operating or assisting in operating such equipment will be required to possess a commercial fishing license and a permit as provided by this section. (c) Permits may be issued annually for the period of the commercial fishing license on application filed at one of the Department of Fish and Game offices. Permits may contain additional terms and conditions, including areas of use, as prescribed by the Department of Fish and Game. See subsection 699(b) of these regulations for the fee for this permit. (d) Powered equipment may be used on intertidal areas, that is, between high water and low water marks, except powered equipment shall not be used in Tomales Bay, Bodega Harbor or Bolinas Lagoon. In Morrow Bay engine-driven hydraulic pumps may not be used south of a line running 230 magnetic from the public boat ramp at the south end of the Embarcadero. (e) Holes created in the mudflat surface by engine-driven pumps shall not exceed 8 feet in any horizontal dimension, nor more than 12 inches in depth. (f) Mollusks and crustaceans, other than ghost shrimp, exposed or hydraulically sluiced to the surface, shall be returned immediately to their natural habitat, and no fish, mollusks or crustaceans, other than ghost shrimp shall be possessed by the permittee at any time during pumping operations or while traveling to or from pumping operations. (g) Each permittee shall have his permit in his possession while operating such equipment. (h) A permit shall not be assigned or transferred, and any right or privilege granted thereunder is subject to revocation by the Fish and Game Commission at any time. (i) All provisions of the following numbered sections of the Fish and Game Code shall be a condition of all permits to be fully performed by the holders thereof, viz: 7700-7855, 8010-8024, 8250-8283, 8603, 8630-8634, 9050-9053. All section numbers are inclusive. (j) Permits shall only be issued upon the conditions contained in the application and signed by the applicant that he has read, understands, and agrees to be bound by all terms of the permit. (k) Any permit may be revoked or suspended for a period fixed by the commission, upon the breach or violation of the terms of the permit, or any of the foregoing sections of the Fish and Game Code, or any of these regulations, or if, in the opinion of the department, the resource is endangered. Any person who has had his permit revoked may be required to appear before the Fish and Game Commission when applying for a new permit. For a period of not more than one year, the commission may defer action upon the application of any person who uses powered equipment to take ghost shrimp without first having secured a permit under these regulations. Note: Authority cited: Sections 8500 and 9053, Fish and Game Code. Reference: Sections 8500 and 9053, Fish and Game Code. s 120.7. Taking of Sea Urchins for Commercial Purposes. (a) Permit Required. (1) Any person taking or assisting in the taking of sea urchins for commercial purposes shall have obtained a valid sea urchin permit and shall be in possession of said permit when engaged in such activities. A sea urchin diving permit is not required to operate or assist in operating a vessel used to take sea urchins, however, no person without a valid sea urchin diving permit shall engage in diving from a vessel from which sea urchins are being taken or possessed for commercial purposes, unless authorized by the department's marine region regional manager or his or her designee for the purposes of sea urchin management or research. (2) To provide an economic incentive for cooperative sea urchin management and research activity, and notwithstanding any other portion of this section, the department may authorize the holder of a valid sea urchin diving permit to harvest (take, possess, land and/or sell) red sea urchins during a closed season or in a closed area, subject to such restrictions regarding date(s), location(s), time(s), size, poundage or other matters as specified by the department. Any data collected during such harvest activity shall be made available to the department. The form of this authorization shall be a letter from the department's marine region regional manager or his or her designee issued to the permittee and containing all conditions of use. (b) Classes of Permits. (1) Sea Urchin Diving Permit. Sea urchin diving permits will be issued to licensed commercial fishermen 16 years of age or older who have qualified for permits pursuant to subsection (c). (2) Sea Urchin Crewmember Permit. Sea urchin crewmember permits will be issued to licensed commercial fishermen 16 years of age or older who do not qualify for sea urchin diving permits. (c) Prior Permittees: (1) Applicants for sea urchin diving permits must have held a valid, unrevoked sea urchin diving permit in the immediately preceding permit year (April 1- March 31). (2) Applications for renewal of sea urchin diving permits shall be received by the department or, if mailed, postmarked no later than June 30 of each permit year. Each application must be accompanied by evidence that the qualification requirements specified in this subsection have been met. Applications received by the department or, if mailed, postmarked after June 30 and before August 1 will be assessed a $50 late fee. Applications received by the department or, if mailed, postmarked after July 31 will not be considered. (d) Number of Permits. (1) All qualified prior sea urchin diving permittees shall be eligible to receive diving permits regardless of the number issued. (2) If the number of diving permits issued to prior permittees is more than 300, the total number of new sea urchin diving permits available for issuance shall be one-tenth the difference between the total number of sea urchin diving permits issued prior to August 1 of the current permit year and the total number of sea urchin permits issued during the immediately preceding permit year. If the number of diving permits issued to prior permittees is less than 300, the number of new sea urchin diving permits to be issued shall be the difference between the number of diving permits issued to prior permittees and 300. If the number of permits issued to prior permittees is 300, no new sea urchin diving permits shall be available. (e) New Permittees: (1) Applications for the issuance of any new sea urchin diving permits that may become available each year shall be received by the department or, if mailed, postmarked no later than June 30. Applications shall be submitted to the department's License and Revenue Branch, 3211 S Street, Sacramento, CA 95816. If any new sea urchin diving permits are available for issuance, as provided in subsection (d)(2), they shall be issued to licensed commercial fishermen who held, for each of the two immediately preceding permit years, a valid sea urchin crewmember permit. (2) If there are more applicants for sea urchin diving permits than there are permits available, a drawing will be held to determine which applicants will be eligible to purchase permits. Any person who submits more than one application for a new sea urchin diving permit in any one permit year will be excluded from the drawing. Each applicant who meets the criteria in subsection (e)(1) shall be entered into the drawing once. In addition, each applicant shall be entered into the drawing one more time for each additional year, above the minimum required two years, that the applicant possessed a valid sea urchin crewmember permit. No applicant shall be entered more than five times for each drawing. The drawing will be held on the third Wednesday in August each year. Permits will be issued to successful applicants in the order drawn. Payment of the fee for the sea urchin diving permit must be received at the department's License and Revenue Branch, 3211 S Street, Sacramento, CA 95816 on or before September 25. (f) Fee. The fee for sea urchin crewmember permits shall be the amount authorized by Section 699 of these regulations. (g) Appeal. Any applicant who is denied a sea urchin diving permit for any reason may appeal the denial to the department in writing, describing the basis for the appeal. The appeal must be received by the department not later than March 31 following the permit year in which the appellant last held a valid sea urchin diving permit. The appeal shall be reviewed and decided by the department. The decision of the department may be appealed in writing to the commission within 60 days of the date of the department's decision. (h) Vessel Identification. When sea urchins are taken under these regulations, the vessel's commercial registration number shall be displayed on both sides of the boat. The number shall be black, at least 10 inches high, and on a white background. All permittees aboard the boat shall be mutually responsible for the proper display of the vessel's commercial registration number. (i) Conditions of the Permit: (1) No person shall take or possess lobsters or abalone aboard any boat used to take sea urchins under these regulations on any day that sea urchins have been taken or are to be taken. (2) Hydraulic lifts and air lifts shall be used only in such a manner that no rocks or other mineral matter, aquatic plants, fish or other aquatic life except sea urchins, shall be removed from the bottom or otherwise disturbed. (j) Revocation of Permits. Any permit may be suspended, revoked, or canceled by the commission upon breach or violation of any fish and game regulation pertaining to the take of sea urchins or abalone; or violation of the terms or conditions of the permit by the holders thereof, their agents, servants, employees or those acting under their direction and control. (k) Exemption from Tidal Invertebrate Permit. A sea urchin diver or sea urchin crewmember operating under the provisions of this section is not required to possess a Tidal Invertebrate Permit, but is subject to the provisions of section 123, Title 14, CCR. (l) Fishing Season. (1) From November 1 through March 31 the open season for red sea urchins is seven days per week. (2) In April, May, September and October the open season for red sea urchins is Monday, Tuesday, Wednesday and Thursday. (3) In June and August the open season for red sea urchins is Monday, Tuesday, and Wednesday. (4) In July the season for red sea urchins is Monday and Tuesday. (5) During any closed period, no red sea urchins may be possessed on any commercially registered vessel, except that any commercially registered vessel may transport red sea urchins after any closure goes into effect, provided that the vessel is in port no later than 0800 hours on the first day of the closed period. (m) Logbooks. Any person who operates a vessel used for the commercial harvest of sea urchins shall prepare a daily record of the vessel's sea urchin fishing activities on a form (DFG-120.7 (5/99)), incorporated herein by reference, provided by the department before the sea urchins are landed. The completed daily records shall be sent to the Fort Bragg office of the Department of Fish and Game for fishing activities north of the Monterey-San Luis Obispo county line, and to the Los Alamitos, office for fishing activities south of the Monterey-San Luis Obispo county line on or before the tenth day of each month following the month to which the records pertain. (n) Closed Areas. (1) Sea urchins shall not be taken for commercial purposes in state marine reserves or state marine parks. Specific regulations in state marine conservation areas may prohibit the commercial take of sea urchins as per subsection 632(b). (2) The Gerstle Cove area in Salt Point State Marine Conservation Area (Sonoma County) is closed to all commercial fishing for sea urchins. This area is delimited as all the ocean waters east of a line extending 180 <> true from the southernmost point of Salt Point (38 <>33.92'N. lat. 123 << degrees>> 19.89' W. long.) and north of a line extending 270 <> true from the westernmost point of land of the unnamed point at the southern end> of Gerstle Cove (38 <>33.6'N. lat. 123 <> 19.37'W. long.). (3) The South Caspar Point area in Mendocino County is closed to all commercial fishing for sea urchins. This area is bounded on the north by a line extending 90 <> magnetic from sea to the mouth of Caspar Creek (north bank) in Caspar Cove, on the south by the northern boundary of the Point Cabrillo State Marine Conservation Area and its westward extension to the 120-foot depth contour, on the west by 120-foot depth contour line connecting the north and south boundary lines, and on the East by the mainland shore. The Point Cabrillo State Marine Conservation Area remains closed to the take of all forms of marine life except as permitted in subsection 632(b). (o) Size Limit. (1) In southern California (south of the Monterey-San Luis Obispo county line) no red sea urchin between one and one-half (1 1/2) and three and one-quarter (3 1/4) inches in shell diameter, not including the spines or any portion of their ball-and-socket attachment to the shell, may be taken, possessed, sold, or purchased, except that not more than thirty (30) such red sea urchins per permittee per load may be taken, possessed, sold or purchased. (2) In northern California (north of the Monterey-San Luis Obispo county line) no red sea urchin between one and one-half (1 1/2)and three and one-half (3 1/2) inches in shell diameter, not including the spines or any portion of their ball-and-socket attachment to the shell, may be taken, possessed, sold or purchased, except that not more than thirty (30) such red sea urchins per permittee per load may be taken, possessed, sold or purchased. (3) Red sea urchins less than one and one-half (1 1/2) inches in shell diameter shall not be considered as part of the thirty (30) undersized red sea urchins per permittee per load that may be taken, possessed, sold or purchased. (4) Every sea urchin permittee shall carry and use an accurate measuring device, to determine the size of red sea urchins being taken as specified in subsections (o)(1) and (o)(2) above, while diving for sea urchins for commercial purposes. (p) Authorization of an Assistant for a Sea Urchin Diver Permittee. (1) Authorization by Department. The holder of a sea urchin diving permit, who, after entering the sea urchin fishery, becomes, due to a severe unforeseen or catastrophic long-term (expected to be for one year or longer) or permanent injury or disease, physically unable to dive, may designate a specific individual as an assistant, upon written approval from the department. The department may authorize, in writing, any one specific individual to be designated by the permittee as an assistant, providing the following conditions have been met: (A) the permittee provides documentation from a qualified physician that the permittee suffers from the disease or injury and it will prevent the permittee from diving. Such conditions shall not include short or long-term common illnesses, conditions caused or primarily exacerbated by aging, or any other condition which appears to be marginal or common, such as routine back or neck problems; (B) the permittee has no violations or pending violations for which his or her permit could be revoked; (C) the proposed assistant has a current California commercial fishing license and has not had any California commercial fishing license or permit suspended or revoked; has never been convicted, and no charges are pending for a violation of any provision of the Fish and Game Code or Title 14, California Code of Regulations. (2) Special Provisions: (A) The authorized sea urchin diver assistant may take or assist in the taking of sea urchin only when in the company of the permittee. (B) The permittee shall have no authority to, and shall not dive for sea urchin while a valid letter authorizing the permittee to designate an assistant exists, regardless of whether or not the assistant is actively diving. (C) The authorized sea urchin diver assistant shall have no right to ownership or transfer of the permit beyond that which is otherwise provided by law. (D) The sea urchin diving permit, in addition to the sea urchin diver assistant authority shall be subject to revocation, suspension or other actions provided in law or regulation, upon violations committed by the assistant, when acting under the authority of a sea urchin diver assistant. The assistant shall take no actions authorized pursuant to a sea urchin diver permit without the consent of the permittee. (E) The department shall review the authority authorized pursuant to this section at least once every year and may withdraw the authority if any of the conditions are not met. (3) Fee Requirement. Any person authorized as an assistant pursuant to this subsection shall annually pay a fee to the department equal to the amount required of permittees pursuant to Fish and Game Code Section 9055. (4) Required Possession of Department Authorization. The assistant shall carry the department's letter of authority whenever conducting activities authorized pursuant to the subsection. (5) The department shall report to the commission within 18 months of the enactment of these provisions on the merits of the program. The department shall make a recommendation to the commission to either continue or discontinue the program, based on achievements and problems associated with the administration of these provisions. Note: Authority cited: Sections 1050, 9054 and 9055, Fish and Game Code. Reference: Sections 1050, 7850, 7852.2, 7857, 9054 and 9055, Fish and Game Code. s 121. Lobsters, Spiny. Possession During Closed Season. No spiny lobsters may be sold or possessed during the closed season except as follows: Lobsters taken or imported during the open season which were cooked and frozen or frozen prior to the close of the open season, and lobsters imported into California during the twenty-six (26) days following the close of the open season, provided such lobsters were cooked and frozen or frozen prior to importation. During the closed season, after the twenty-six (26) day importation period, no spiny lobsters may be possessed on any boat, barge, or vessel. Note: Authority cited: Sections 240 and 2365, Fish and Game Code. Reference: Sections 240, 2365 and 8254, Fish and Game Code. s 121.5. Lobsters, Spiny. Verification of Size. (a) All California spiny lobsters (Panulirus interruptus) taken, possessed, transported or sold must be maintained in such a condition that their size can be determined pursuant to Fish and Game Code Section 8252 until prepared for immediate consumption or sold to the ultimate consumer except as provided for in subsection (b) below. (b) California spiny lobsters may be split along the midline of the carapace by persons licensed pursuant to Fish and Game Code Section 8034 (Fish Processors License) or Section 8037 (Commercial Fish Business License) provided both halves of each lobster are kept together by banding or packaging until either displayed for purchase by the ultimate consumer or prepared for immediate consumption. Note: Authority cited: Sections 240, 2365 and 8254, Fish and Game Code. Reference: Sections 240, 2365 and 8254, Fish and Game Code. s 122. Lobsters, Permits to Take. (a) Classes of Lobster Permits. (1) There is a transferable lobster operator permit, a non-transferable lobster operator permit and a lobster crewmember permit. (2) Under operator permits issued by the department, licensed commercial fishermen may use traps to take spiny lobsters for commercial purposes in Districts 18, 19, 20A, and that part of District 20 southerly of Santa Catalina Island between Southeast Rock and China Point. No other method of take is authorized for the commercial harvest of spiny lobsters. (3) Any licensed commercial fisherman not eligible to obtain a lobster operator permit pursuant to this section may purchase a lobster crewmember permit, authorizing him/her to accompany the holder of a lobster operator permit and to assist that person in the commercial take of spiny lobster. (b) Each lobster permit shall be issued annually and shall be valid for the period of the commercial lobster season. Each operator and crewmember permittee shall have his/her permit in possession when taking lobsters. (c) Except as provided in this section, a permit shall not be assigned or transferred, and any right or privilege granted thereunder is subject to revocation, without notice, by the Fish and Game Commission, at any time. (d) Applicants for the renewal of lobster operator permits shall have held a valid lobster operator permit, that has not been suspended or revoked, in the immediately preceding permit year. (e) Transferable Lobster Operator Permit Qualification Criteria and Procedures: (1) To qualify for a transferable lobster operator permit, an individual shall hold a valid 2005-06 lobster operator permit that has not been suspended or revoked and have landed a minimum of 500 pounds of lobster per year during any 4 of the 5 permit years from 1996-97 through 2000-01, inclusive, or have landed a minimum of 2,000 pounds of lobster per year during any 2 of those 5 permit years as documented by fish landing receipts submitted to the department in his or her name and commercial fishing license identification number pursuant to Section 8046, Fish and Game Code. (2) Beginning on July 1, 2005 or 30 calendar days after the effective date of these regulations, whichever date is later, the department shall make an initial determination, based on department records, of which holders of valid 2005-06 lobster operator permits, that have not been suspended or revoked, meet the qualifications for a transferable lobster operator permit specified in subsection (e)(1) above and shall mail notice of such determination, to the last address on record with the department, to all 2005-06 lobster operator permit holders. Each person who meets the qualifications will have his/her permit designated by the department as a transferable lobster operator permit. (3) The holder of a 2005-06 lobster operator permit who is notified by the department that he/she does not meet the qualifications for a transferable lobster operator permit may submit to the department's License and Revenue Branch, 3211 "S" Street, Sacramento, CA 95816, copies of fish landing receipts that have been issued in his/her name and commercial fishing license identification number pursuant to sections 8043 and 8046, Fish and Game Code, that demonstrate he/she does meet the qualifications in subsection (e)(1) above. Such fish landing receipts and a letter requesting that his/her permit be designated as a transferable lobster operator permit shall be submitted to the department on or before March 31, 2006. Any request postmarked or presented after March 31, 2006 will not be considered. (4) The holder of a 2005-06 lobster operator permit not able to meet these qualification criteria or meeting them and failing to submit his/her fish landing receipts on or before March 31, 2006, pursuant to subsection (e)(3) above shall have his/her permit designated a non-transferable lobster operator permit, effective with the 2006-07 license year. (5) The holder of a valid lobster operator permit that has not been suspended or revoked, from the immediately preceding permit year shall be eligible to purchase a lobster operator permit of the same classification. (f) Procedures and Deadline for Permit Renewal and Forfeiture of Non-renewed Permits. Applications for renewal of transferable and non-transferable lobster operator permits must be received by the department or if mailed, postmarked not later than April 30 of each year. Applications presented or postmarked after April 30 and before June 1 will be assessed a late penalty pursuant to Section 7852.2 of the Fish and Game Code. Applications postmarked or presented after May 31 will not be considered. The holder of a transferable or non-transferable lobster operator permit who fails to renew his/her permit on or before May 31 will be considered to have forfeited that permit to the department and shall thereafter be able to commercially fish for lobster only under the authority of a lobster crewmember permit or by obtaining a transferable lobster operator permit pursuant to these regulations. (g) Procedures, Timelines and Initial Limit on Permit Transfers. (1) The holder of a valid transferable lobster operator permit that has not been suspended or revoked may transfer his/her permit to another person licensed as a California commercial fisherman. The application to transfer a permit shall be in the form of a notarized letter from the existing permit holder identifying the transferee and shall include the original transferable lobster operator permit, a copy of the transferee's commercial fishing license and a nonrefundable permit transfer fee of five hundred dollars ($500). The application shall be submitted to the department's License and Revenue Branch, 3211 "S" Street, Sacramento, CA 95816. The transferable lobster operator permit shall be valid for the remainder, if any, of the then current lobster season and may be renewed in subsequent years pursuant to these regulations. If the transferee holds a non-transferable lobster operator permit, that permit shall be cancelled. (2) Not more than 10 applications to transfer a permit shall be processed by the department during each license year (April 1-March 31) until March 31, 2008, after which date there is no limit on the number of transfers that may be processed during a license year. Applications will be processed in the order received. If on any given day the number of applications received is greater than the available number of transfers, the department shall conduct a drawing to determine which application(s) shall be processed. This subsection shall not apply in the event of the death of the permit holder. The estate of the holder of a transferable lobster operator permit may renew that permit as provided for in these regulations if needed to keep it valid. The estate of the decedent may transfer that permit pursuant to subsection (g)(1) above not later than one year from the date of death of the permit holder as listed on the death certificate. (h) No SCUBA equipment or other artificial breathing device may be used to take lobster on any boat being operated pursuant to a commercial lobster permit. (i) All provisions of the Fish and Game Code and regulations of the Fish and Game Commission relating to lobsters shall be a condition of all permits to be fully performed by the holders thereof, their agents, servants, employees, or those acting under their direction or control. (j) Exemption from Tidal Invertebrate Permit. A lobster operator or crewmember operating under the provisions of a lobster permit is not required to possess a Tidal Invertebrate Permit, but is subject to the provisions of Section 123. (k) No lobster trap used under authority of this permit shall be pulled or raised or placed in the water between one hour after sunset to one hour before sunrise. (l) All lobster traps and receivers impounding lobsters shall be individually buoyed. The buoys must be on the surface of the water, except after the first Tuesday in October when buoys may be submerged by means of metallic timing devices, commonly called "pop-ups." (m) Each buoy identifying a lobster trap shall display the commercial fishing license identification number of the lobster operator permit holder followed by the letter P. The commercial fishing license number and the letter P shall be in a color which contrasts with that of the buoy and shall be at least one (1) inch in height and at least one-eighth (1/8) inch in width. (n) Any person pulling or raising lobster traps and receivers bearing a commercial fishing license number other than his/her own must have in his/her possession from the party who holds the permit assigned to said gear written permission to pull the traps, or receivers. (o) The employees of the department may disturb or move any lobster trap at any time while such employees are engaged in the performance of their official duties and shall inspect any lobster trap to determine whether it is in compliance with all provisions of the Fish and Game Code and regulations of the commission. (p) During the closed season for the taking of spiny lobster, no buoy attached to any trap may be marked in such manner as to identify the trap as a lobster trap, except that legally marked lobster traps may be placed in the water not more than six (6) days before the opening of the season and may remain in the water for not more than six (6) days after the close of the season, if the door or doors to such traps are wired open, the trap is unbaited, the buoy remains at the surface of the ocean, and no attempt is made to take spiny lobsters. (q) Restricted fishing areas. (1) No lobster trap used under the authority of this permit shall be used within 750 feet of any publicly-owned pier, wharf, jetty or breakwater; however, such traps may be used to within 75 feet of any privately-owned pier, wharf, jetty or breakwater. (2) No lobster traps shall be set or operated within 250 feet of the following specified navigation channels. (A) Newport Bay: Starting at the demarcation line at the entrance to Newport Bay and extension of the west side channel line, proceed southeasterly on a bearing of 151 <> magnetic one nautical mile; then northeasterly 44 << degrees>> magnetic 500 feet; then northwesterly 331 <> magnetic one nautical mile to the demarcation line and an extension of the east side channel line. (B) Dana Point Harbor: Starting from Dana Point east jetty light "6," proceed on a bearing of 120 <> magnetic 450 yards to red buoy "4"; then south 180 <> magnetic one nautical mile; then westerly 270 <>, 300 yards; then north 0 <> magnetic approximately one nautical mile to Dana Point Harbor light "5." (C) Oceanside Harbor: Starting from Oceanside Harbor breakwater light "1," proceed on a bearing of 225 <> magnetic for one nautical mile; then southeast for 450 yards on a bearing of 110 <> magnetic; then northeast on a bearing of 35 <> magnetic for one nautical mile to Oceanside Harbor south jetty light "2"; then west-southwest on a bearing of 253 <> to the point of beginning at Oceanside Harbor breakwater light "1." (r) Records. Pursuant to section 190 of these regulations, any person who owns and/or operates any vessel used to take lobsters shall complete and submit an accurate record of his/her lobster fishing activities on a form (Daily Lobster Log, DFG 122 (7/96), incorporated herein by reference) provided by the department. (s) The person required to submit logs pursuant to these regulations shall have complied with said regulations during the immediate past license year, or during the last year such person held a permit, in order to be eligible for a successive year annual permit. (t) Any person denied a permit under these regulations may request a hearing before the commission to show cause why his/her permit request should not be denied. Such request must be received by the commission within 60 days of the department's denial. Any person denied the designation of his/her lobster operator permit as a transferable lobster operator permit pursuant to subsection (e) of these regulation may appeal the denial to the commission. Such appeal must be received by the commission within 60 days of the department's denial. Note: Authority cited: Sections 8254 and 8259, Fish and Game Code. Reference: Sections 2365, 7852.2, 8043, 8046, 8250-8259, 9002-9006 and 9010, Fish and Game Code. s 123. Tidal Invertebrates. Marine invertebrates shall not be taken for commercial purposes in any tide pool or tidal area, including tide flats or other areas between the high tide mark and 1,000 feet beyond the low tide mark of any natural or constructed shoreline, except as otherwise provided in this section. Revocable Tidal Invertebrate Permits may be issued by the department in accordance with the following regulations: (a) Qualifications of Permittee. The applicant must be a licensed commercial fisherman. If a vessel is used in taking or transporting tidal invertebrates for commercial purposes, the vessel must be currently registered and all fishermen on the vessel must possess a valid Tidal Invertebrate Permit. (b) Limitation of Permit. Not more than one permit shall be issued to any one person. Permits shall not be assigned or transferred from person to person. (c) Duration of Permit and Fee for Permit: Any Tidal Invertebrate Permit issued pursuant to these regulations shall be valid from April 1 to March 31 of the following year, or, if issued after the beginning of such term for the remainder thereof. See subsection 699(b) of these regulations for the fee for this permit. (d) Permit Exemption. Commercial fishermen taking only lobster, sea cucumber, squid, crab or sea urchin need not possess the permit as required in this section but are subject to the provisions of this section and must have the appropriate permits to take such species as required by Fish and Game Code sections 8254, 8405, 8421, 9001 and 9054, and regulations adopted pursuant thereto. (e) Provisions of this section do not apply to commercial fishermen taking freshwater clams or crayfish in inland waters. (f) Permit Conditions. (1) Under the terms of a Tidal Invertebrate Permit issued pursuant to this section only the following invertebrates may be take for commercial purposes: barnacles, chiones, clams, cockles, sand crabs, limpets, mussels, sand dollars, octopuses, shrimp, sea hares, starfish, worms and native oysters subject to the following restrictions: (A) Marine worms shall not be taken in any mussel bed, nor shall any person pick up, remove, detach from the substrate any other organisms, or breakup, remove, alter or destroy any rock or other substrate or surfaces to which organisms are attached to obtain marine worms. (B) Clams may only be taken in accordance with restrictions listed pursuant to Fish and Game Code sections 8340-8343, and 8346. (2) Marine invertebrates may not be taken for commercial purposes in state marine reserves or state marine parks. Commercial take of marine invertebrates may be limited in state marine conservation areas pursuant to specific regulations in subsection 632(b). Note: Authority cited: Section 8500, Fish and Game Code. Reference: Sections 8254, 8305.5, 8306.8, 8396, 8500, 9001 and 9054, Fish and Game Code. s 125. Commercial Take of Rock Crab. (a) Permit Required for Take Using Trap Gear. Effective April 1, 2005, any person using traps to take, possess aboard a vessel, use as bait, or land rock crab (Cancer antennarius, C. anthonyi,orC. productus) for commercial purposes shall have a valid general trap permit issued pursuant to Fish and Game Code Section 9001 and either a northern or southern rock crab trap permit as described in this Section that has not been suspended or revoked. (1) Presence of Permit Holder Aboard a Vessel. At least one rock crab trap permit holder shall be on board at all times when taking, possessing aboard a vessel, using as bait, or landing rock crab using trap gear. If a support vessel is used, a rock crab trap permit holder shall be on each vessel when taking rock crab. (2) Crewmembers. Any licensed commercial fisherman working on a vessel utilizing commercial rock crab trap gear shall possess a valid general trap permit that has not been suspended or revoked. Crewmembers are not required to hold a rock crab trap permit. (3) Fishermen holding lobster operator or crewmember permits issued pursuant to Fish and Game Code Section 8254 and Section 122, Title 14, CCR, taking rock crab incidentally as authorized in Fish and Game Code Section 8250.5 during the lobster fishing season specified in Fish and Game Code Section 8251 and in lobster trap gear as defined in Fish and Game Code Section 9010, are exempt from the rock crab trap permit requirements of this Section. (b) Permit Conditions. (1) Commercial rock crab trap permits are issued conditional upon all provisions of the Fish and Game Code and regulations of the Fish and Game Commission relating to crabs and traps. (2) Pursuant to Fish and Game Code Section 9005, every trap or string of traps deployed for purposes of commercially harvesting rock crab shall be marked with a buoy. (3) Timed buoy release mechanisms capable of submerging a buoy attached to a trap, commonly known as "pop-ups," shall not be used on buoy lines attached to rock crab traps, and shall not be possessed by any commercial rock crab trap permittee on any vessel while taking or attempting to take rock crab. (c) Permit Areas. (1) The northern rock crab trap permit is required only in ocean waters between 42 [FNo] 00' N. lat. (the Oregon/California border) and 36 [FNo] 00' N. lat. (at Lopez Point, Monterey County). (2) The southern rock crab trap permit is required only in ocean waters south of 36 [FNo] 00' N. lat. (at Lopez Point, Monterey County). (d) Northern Rock Crab Trap Permit Issuance. (1) A person is eligible to purchase a northern rock crab trap permit if the individual meets all of the following criteria: (A) the individual must be a licensed commercial fisherman; (B) the individual must possess a valid general trap permit, issued pursuant to Fish and Game Code Section 9001, that has not been suspended or revoked; and (C) each year the individual must submit to the department a northern rock crab trap permit application form DFG 1375 (6/04), which is incorporated by reference herein, and the annual permit fee specified in subsection (f). (e) Southern Rock Crab Trap Permit Issuance. (1) Initial Permit Issuance. During the 2005-2006 permit year, any person is eligible for initial issuance of a southern rock crab trap permit if the individual meets all of the following criteria: (A) the individual must be a licensed commercial fisherman; and (B) the individual must possess a valid general trap permit, issued pursuant to Fish and Game Code Section 9001, that has not been suspended or revoked; and (C) the individual must have landed a minimum of 500 pounds of rock crab utilizing trap gear between January 1, 1998 and December 31, 2003 at ports located within the southern permit area as defined in subsection (c), and as documented by fish landing receipts submitted to the department in the individual's name and commercial fishing license identification number pursuant to Fish and Game Code Section 8046. Individuals who hold a Nearshore Fishery Trap Endorsement issued pursuant to Section 150.03, Title 14, CCR, are exempt from this eligibility requirement. (D) Application Deadlines for Southern Rock Crab Trap Permit. A southern rock crab trap application form DFG 1324(6/04), which is incorporated by reference herein, and the annual permit fee specified in subsection (f) must be received by the department or, if mailed, must be postmarked on or before September 30, 2005. Applications for initial issuance of a southern rock crab trap permit received by the department, or, if mailed, postmarked from October 1 through October 31, 2005 will be assessed a $50 late fee. Applications and permit fees for initial issuance of southern rock crab trap permits received, or, if mailed, postmarked after October 31, 2005 shall be returned to the applicant unissued. (2) Southern Rock Crab Trap Permit Renewal. Southern rock crab trap permits must be renewed annually. (A) Beginning with the 2006-2007 permit year, only persons who held a valid southern rock crab trap permit during the immediately preceding permit year are eligible to obtain a permit for the following permit year. (B) All applications and permit fees for renewal of a southern rock crab trap permit shall be received by the department, or, if mailed, postmarked on or before April 30 of each year. Applications for renewal of a southern rock crab trap permit received by the department, or if mailed, postmarked from May 1 through May 31 will be assessed a $50 late fee. Applications for renewal of a southern rock crab trap permit received or postmarked after May 31 shall be returned to the applicant unissued. (f) Fees. (1) Northern rock crab trap permit. The department shall charge an annual fee of two hundred and fifty dollars ($250.00). (2) Southern rock crab trap permit. The department shall charge an annual fee of two hundred and fifty dollars ($250.00). (g) Permit Revocation. Pursuant to Fish and Game Code Section 1054, a rock crab trap permit shall be revoked if the applicant or permittee submits false information for the purposes of obtaining or renewing a rock crab trap permit. (h) Appeals. (1) Southern Rock Crab Trap Permit Initial Issuance Appeals. Any applicant who is denied initial issuance of a southern rock crab trap permit for any reason by the department may appeal that denial to the commission in writing, describing the basis for the appeal. The appeal shall be received by the commission or, if mailed, postmarked on or before March 31, 2006. (2) Southern Rock Crab Trap Renewal Appeals. Any applicant who is denied renewal of a southern rock crab trap permit for any reason may appeal that denial to the department in writing describing the basis for the appeal. The appeal shall be received or, if mailed, postmarked no later than March 31 following the permit year in which the applicant last held a valid southern rock crab trap permit. The appeal shall be reviewed and decided by the department. The decision of the department may be appealed in writing to the commission within 60 days of the date of the department's decision. (i) Restricted Access. A control date of January 1, 2003 is established for the purpose of considering a future restricted access southern rock crab trap fishery. Landings on or after this date may not apply toward a permit in a future restricted access program for the southern rock crab trap fishery if one is developed. (j) Tidal Invertebrate permits issued pursuant to Section 123, Title 14, CCR, are not required for the commercial take of rock crab. Note: Authority cited: Sections 1050 and 8282, Fish and Game Code. Reference: Sections 1050, 8250.5, 8282, 8284, 9000, 9001, 9002, 9005, 9006 and 9011, Fish and Game Code. s 126. Commercial Take of Tanner Crab. (a) Permit Required for Take and Possession Using Trap Gear. Any vessel using traps to take, possess aboard a vessel, or land Tanner crab (Chionoecetes spp.) for commercial purposes shall have a valid Tanner Crab Trap Vessel Permit. Tanner crab taken incidentally in other trap fisheries may not be possessed and must be immediately returned to the water unless the vessel is issued a Tanner Crab Trap Vessel Permit. A Tanner Crab Trap Vessel Permit is not required to incidentally take, possess or land Tanner crab with gear other than trap gear. For purposes of this Section, the term "Tanner crab" includes all species of the genusChionoecetes. (1) Permit Issuance Provisions. (A) An applicant is eligible to purchase a Tanner Crab Trap Vessel Permit for placement on a vessel if the following conditions are met: 1. The vessel must be issued a valid commercial boat registration pursuant to Fish and Game Code Section 7881. 2. The applicant must hold a valid commercial fishing license issued pursuant to Fish and Game Code Section 7850. 3. The applicant must submit a Tanner Crab Trap Vessel Permit application form FG 1439 (9/05), which is incorporated by reference herein, and the permit fee specified in subsection (a)(2). (B) There are no deadlines or late fees for purchase of a Tanner Crab Trap Vessel Permit. The sale of Tanner Crab Trap Vessel Permits is not restricted and therefore permits are not subject to renewal requirements. (2) Permit Fee. The Department shall charge a fee of $10,000 for a Tanner Crab Trap Vessel Permit that is valid from April 1 through March 31. (3) Other Permits Required, (A) Any person who operates or assists on any vessel for purposes of taking, transporting or landing Tanner crab under authority of a Tanner Crab Trap Vessel Permit shall possess a valid commercial fishing license issued pursuant to Fish and Game Code Section 7850, unless expressly exempted by that Section. (B) Any person operating under authority of Fish and Game Code Section 7850 who operates or assists on any vessel when trap gear is aboard for purposes of taking, transporting or landing Tanner crab under authority of a Tanner Crab Trap Vessel Permit shall also possess a valid General Trap Permit issued pursuant to Fish and Game Code Section 9001. (4) Tanner Crab Trap Construction Requirements, Specifications, and Limits. (A) State Trapping Requirements. As a condition of this permit, Tanner crab traps and commercial Tanner crab trap fishing activities are subject to statutes and regulations that define and specify the following general trap requirements: trap logbooks and submission requirements, trap destruction devices, disturbing traps of another, trap servicing intervals not to exceed 96 hours, trap marker buoys, and other trap and buoy identification requirements. These statutes and regulations are defined in Fish and Game Code sections 9001, 9002, 9003, 9004, 9005, 9006, 9007, and 9008, and sections 180, 180.2, 180.5, and 190, Title 14, CCR. (B) Trap Construction and Dimensional Requirements. 1. Escape Ports. Every Tanner crab trap shall have at least three openings of at least 4.5 inches in diameter in the side or upper panels of the trap to allow for escapement of undersized crab. The 4.5-inch measurement of the opening shall be taken at its smallest inside diameter. The openings may be constructed with a rigid opening such as a ring or as part of a mesh panel. At the time of measurement, the trap shall be set upright as if it were in use. If the opening is non-rigid or contained within pliable mesh, the smallest inside diameter measurement shall be taken so that a rigid cylindrical measuring device 4.5 inches in its outside diameter and at least three inches in length shall be able to pass easily through the opening. 2. Trap Dimensional Requirements. Tanner crab traps must not be more than 10 feet long and not more than 10 feet wide and not more than 42 inches high, as measured by the greatest distance in each dimension. (C) Trap Destruction Devices. Traps utilized under authority of a Tanner Crab Trap Vessel Permit must contain a trap destruction device meeting the requirements for Tanner crab traps specified in Section 180.2, Title 14, CCR. (D) Prohibition on Pop-Ups. Timed buoy release mechanisms capable of submerging a buoy attached to a trap, commonly known as "pop-ups," shall not be used on buoy lines attached to Tanner crab traps, and shall not be possessed by any commercial vessel while taking, attempting to take, or possessing Tanner crabs. (E) Depth Requirement. Tanner crab traps shall only be placed or otherwise used in water depths greater than 300 fathoms. (F) Vessel Buoy Marking Requirement. In addition to the trap and buoy marking requirements specified in Fish and Game Code section 9006 and 9007, every string of traps shall be marked with a buoy on each end of the string that is marked with the vessel's commercial boat registration number issued by the department pursuant to Fish and Game Code Section 7881. A vessel fishing under authority of a Tanner Crab Trap Vessel Permit may only take, possess aboard a vessel, transport, deliver, or land Tanner crab from traps marked with the vessel's own registration number. The vessel's registration number on each buoy shall be preceded by the letters "TC." The numbers and letters shall be in a color which contrasts with the color of the buoy. A line thickness no less than 1/8 inch shall be used to create letters and numbers which shall be no less than two (2) inches in height and no less than one (1) inch in greatest width. The permit holder shall maintain the buoys so that the registration numbers and the letters "TC" are legible and easily determined. (G) Disturbing Traps Prohibited. It is unlawful to willfully or recklessly disturb, move or damage any trap or attachment thereof that belongs to another owner and that is marked with a vessel registration number and the letters "TC." However, a person aboard a permitted vessel may pull or raise a trap marked with a buoy bearing a vessel registration number and the letters "TC" other than his own, but must have written permission in his or her immediate possession from the permittee whose vessel registration number is marked on the buoy. This subsection does not apply to employees of the department while engaged in the performance of official duties. Employees of the department may disclose the name, address, and registration number of Tanner Crab Trap Vessel permittees to representatives of public safety agencies to assist in the return of traps and attachments to their proper owners. This subsection does not create any duty on any state or local agency to remove or move a trap, line, or buoy that may endanger the public safety and does not create any liability to Part 2 (commencing with Section 814) of Division 3.6 of Title 1 of the Government Code. (H) Trap and String Limits. No more than 480 traps may be submerged or otherwise used per permitted vessel. Not more than six strings with not more than 80 traps per string shall be submerged or otherwise used. All traps must be fished on a string of traps. For purposes of this Section, "string" means individual traps that are connected by line or other means. (5) Processing at Sea. Vessels may process crabs at sea and land them in a condition other than whole pursuant to the requirements of this Section. (A) For purposes of this Section, the term "processing" shall not be equated to the term or activity of "Process fish" as defined in Fish and Game Code Section 8031. (B) If Tanner crab is not landed in the round, the whole-weight conversion factor that shall be applied is 1.61. At the time the landing receipt is completed pursuant to Fish and Game Code Section 8043, the processed weight shall be recorded in the "Pounds" section and the converted whole weight, in pounds, shall be recorded in the space marked "Note Pad" on the landing receipt. (C) For purposes of landing tax payments as required and specified by Fish and Game Code sections 8041 and 8051, for Tanner crab landed in processed condition, tax payments shall be computed and paid based on the converted whole weight. (6) Cumulative Vessel Trip Limits. (A) A cumulative trip limit is the total number of pounds of Tanner crab that may be taken and retained, possessed, or landed by a vessel in a two-month period without a limit on the number of landings or trips. The cumulative trip limit per vessel per designated two-month limit period is 250,000 pounds of whole crab. For purposes of calculating catch against a cumulative vessel trip limit, all landings of processed crab shall be converted to the whole-weight equivalent as described in subsection (a)(5)(B). (B) Cumulative trip limit periods start at 0001 hours local time, end at 2400 hours local time, and are in two month periods as follows: 1. January 1 through the last day of February, 2. March 1-April 30, 3. May 1-June 30, 4. July 1-August 31, 5. September 1-October 31, 6. November 1-December 31. (C) All landings made in a vessel's registration number listed on landing receipts submitted to the department pursuant to Fish and Game Code Section 8043 count toward the cumulative trip limit for the two month period that corresponds to the date on the receipt. Such receipts must accurately record the weight of Tanner crab landed. (D) Copies of all landing receipts which document the catch of Tanner crab shall be kept onboard the fishing vessel throughout, and for 15 days following, each period for which cumulative landings by individual vessels are limited. (E) When the seasonal catch limit defined in subsection (b) is reached and action to close the fishery is taken, cumulative trip limits defined in this subsection become inoperative. (7) Incidental Landings and Allowances. (A) No more than five percent of the total possessed or landed catch by weight may be comprised of invertebrates other than Tanner crab. All crab and other invertebrates taken in Tanner crab traps, except for crab of the genus Cancer (including but not limited to Dungeness crab and rock crab) may be landed and sold incidentally under authority of a Tanner Crab Trap Vessel Permit. (B) All finfish taken in Tanner crab traps, with the exception of sablefish, shall immediately be returned to the water. Sablefish may be landed if authorized pursuant to Federal groundfish regulations. (C) No invertebrates or finfish taken in Tanner crab traps may be used as bait. (8) Observer Requirements and Cooperation with Observer Programs. (A) Each permittee is required to carry an observer onboard to gather biological, fishery and bycatch information during Tanner crab fishery operations according to the specifications defined in this subsection. The permittee shall contract with either a National Marine Fisheries Service (NMFS)-certified observer provider firm, or a private individual who is certified either as a NMFS observer or as a crab observer by the Alaska Department of Fish and Game. The Tanner Crab Trap Vessel permittee shall be liable for a violation of any terms or conditions of this subsection. 1. Prior to contracting, the permittee is required to acquire department approval of the selected provider firm or private individual. The department shall review the qualifications of the observer with whom the vessel wishes to contract with, and may reject the individual or firm. Request for department approval shall be directed to the department's Marine Region Regional Manager or his or her designee, and must be sought by phone at (562) 342-7108, and in writing to the department's office at 4665 Lampson Avenue, Suite C, Los Alamitos, CA 90720. Requests for approval must be made at least 60 days prior to the planned commencement of fishing activity. At the time the request is made, the permittee must also notify the department of the anticipated start date of fishing activity. 2. As a condition of the contract, the observer shall collect biological and fishery data as requested by the department. Data to be collected by the observer shall include vessel identification, date and time, information on catch, incidental take, sex ratio, size, maturity, condition and quality factors, weight, discards, gear specifications, vessel position and depth, trap soak time, number of traps set and pulled, and a summary of the vessel's daily activities and interactions with other vessels or fisheries compiled in a daily observation report. As needed, the department may request the observer to provide additional information that is similar in scope and nature to the aforementioned items. The permittee is required to ensure that while aboard, the observer is gathering data at all times when the vessel is engaged in fishing activity. 3. The department will provide all necessary sampling materials, equipment and a computer to the selected provider firm or individual for the observer's use aboard the vessel. The permittee shall ensure that the sampling materials, equipment and computer are returned to the department following completion of the observer's duties. Observer safety equipment needs and safety specifications shall be arranged by the permittee with the selected provider firm or private individual, and shall not be the responsibility of the department. 4. The contract between the permittee and the selected provider firm or private individual shall specify that data collected aboard the vessel shall be the property of the department. 5. The permittee shall ensure that all data collected or reported by the observer shall be delivered to the department office at 4665 Lampson Avenue, Suite C, Los Alamitos, CA 90720 on or before the 10th day of each month following the month to which the observer's records pertain. Observer records that are mailed shall be postmarked on or before the 10th day of each month following the month to which the records pertain. 6. The permittee shall ensure that the data and all reports and documentation are collected by the observer on paper data sheets, entered into a computer provided by the department, and provided to the department in electronic format according to the submission procedures described in this subsection. Paper data sheets used onboard the vessel shall be included with the electronic data submitted to the department. (B) As a condition of a Tanner Crab Trap Vessel Permit, the permittee is required to have an observer onboard at the time the vessel's fishing activity commences each fishing season, and during all fishing operations that occur over the sixty consecutive days that follow. A vessel's fishing activity commences at the time that a trap is deployed for purposes of commercially harvesting Tanner crab. (C) All vessels and persons operating under authority of a Tanner Crab Trap Vessel Permit are subject to provisions of Section 105.5, Title 14, CCR. The crew must allow personnel designated by the department to board any commercial fishing vessel, conveyance, or other mechanical device used under authority of a Tanner Crab Trap Vessel Permit, to observe or inspect equipment, procedures, crabs, other invertebrates or fish. (9) Permit Revocation and Violations. (A) Pursuant to Fish and Game Code subsection 1052(b), a Tanner Crab Trap Vessel Permit shall be revoked if the applicant or permittee submits false information for the purposes of obtaining a permit. (B) Any Tanner Crab Trap Vessel Permit may be suspended, revoked or cancelled by the commission upon notice by the department of a violation by a permit holder, or any person acting under authority of his or her permit, of Fish and Game Code sections 9001, 9002, 9003, 9004, 9005, 9006, 9007, and 9008, sections 105.5, 180, 180.2, 180.5, and 190, Title 14, CCR, the regulations of this Section, or other provisions of the Fish and Game Code or regulations of the Fish and Game Commission relating to crabs, traps, and times or areas closed to fishing. (C) The Tanner Crab Trap Vessel Permit holder shall be liable for any violations committed by him or her of Fish and Game Code sections 9001, 9002, 9003, 9004, 9005, 9006, 9007, and 9008, sections 105.5, 180, 180.2, 180.5, and 190, Title 14, CCR, the regulations of this Section, or other provisions of the Fish and Game Code or regulations of the Fish and Game Commission relating to crabs, traps, and times or areas closed to fishing. The Tanner Crab Trap Vessel Permit holder shall also be liable for violations committed by any other person operating under the authority of his or her permit. Additionally, any such other person is liable for his or her own violations. (b) Seasonal Catch Limit. For the period from April 1 through March 31 of the following year, a total of not more than two million pounds of Tanner crab may be landed in California. For purposes of this catch limit, all landings of processed crab shall be converted to the whole-weight equivalent as described in subsection (a)(5)(B). The directed trap fishery closure shall be implemented as follows: (1) Mechanism for Fishery Closure. The department will estimate from the current trends in catch and using available scientific information the time at which the catch limit will be reached. The department will close the directed trap fishery at the time the catch limit is reached or is projected to be reached prior to the end of the fishing year. (2) The department shall give holders of Tanner Crab Trap Vessel Permits described in subsection (a) no less than 10 days notice of the closure via a notification letter sent to the permittee's address on file with the department. The department shall give the public and the commission no less than 10 days notice of the closure via a department news release. (3) When the Tanner crab catch limit has been reached, Tanner crab may continue to be taken incidentally in other fisheries where a Tanner Crab Trap Vessel Permit is not required. (c) Minimum Size Limit. Any species of Tanner crab must have a minimum carapace width of 5 inches measured by the greatest straight-line distance across the carapace at a right angle to a line midway between the eyes to the posterior margin, not including spines. Every person taking Tanner crabs shall carry a measuring device and any Tanner crab that is found to be undersized shall immediately be returned to the water. (d) Male-Only Fishery. Only male Tanner crabs may be retained and landed. All female Tanner crabs shall immediately be returned to the water. (e) Prohibition on Use as Bait. Tanner crabs may not be used as bait in any commercial fishery. (f) Tidal Invertebrate Permits. Tidal Invertebrate Permits issued pursuant to Section 123, Title 14, CCR, are not required for the commercial take of Tanner crab. Note: Authority cited: Sections 1050, 5508, 7090 and 8026, Fish and Game Code. Reference: Sections 1050, 1052, 5508, 7050, 7051, 7055, 7056, 7058, 7850, 7881, 8026, 8031, 8040, 8041, 8042, 8043, 8046, 8051, 8834, 9000, 9001, 9002, 9003, 9004, 9005, 9006, 9007 and 9008, Fish and Game Code. s 130. Importation and Inspection of Live Shellfish. Note: Authority cited: Section 15600, Fish and Game Code. Reference: Section 15600, Fish and Game Code. s 131. Mariculture and Shellfish Allotments. Note: Authority cited: Sections 5700 and 15400, Fish and Game Code. Reference: Sections 5700 and 15400-15415, Fish and Game Code. s 132. Importation of Crab. This section applies only to crab of the species Cancer magister. Except as otherwise provided herein, live crab, cooked crabmeat or whole or cracked crab in the shell may be imported into California under the following regulations and conditions: (a) During the closed season cooked picked crabmeat imported into California must be in containers and each container must bear the name and address of the out-of-state processor. (b) During the closed season all shipments of cooked crabmeat, or cooked crab in the shells, imported into the State of California shall be accompanied by a manifest, bill of lading, or invoice showing the name and address of the shipper and the name and address of the importer or consignee and the quantity of cooked crabmeat or cooked crab contained in said shipment. Immediately after the receipt of each shipment of cooked crabmeat, or cooked crab, the importer thereof shall furnish the nearest office of the Department of Fish and Game with a copy of the manifest, bill of lading, waybill, or invoice covering each shipment received by said importer. (c) No cooked crabmeat, cooked whole or cracked crab, or cooked picked crabmeat shall be imported into California by boat or by sea during the closed season for crabs in California. All such importation of crabmeat must be by land or air carrier. (d) No female crab may be imported into California at any time. (e) All crabs imported into California at any time must meet the requirements of size as specified in Section 8278 of the California Fish and Game Code. (f) No cooked crabmeat or cooked whole or cracked crab in the shell may be imported at any time into California unless legally taken and possessed in the state or country of origin of such shipment of crab. (g) Persons importing live crabs into California during the closed season shall comply with the following requirements: (1) All live crabs imported into California must be accompanied by an invoice, bill of lading or manifest showing the name and address of the shipper, the name and address of the importer or consignee and the quantity of live crabs contained in the shipment. (2) All containers of live crab shipped into California must bear, on the outside of the container, the name and address of the shipper, the name and address of the importer or consignee, the wording "LIVE DUNGENESS CRAB" in addition to the documentation required by subsection 132(g)(1). (3) All crab distributed by the importer or consignee must be accompanied by documentation indicating "live imported Dungeness crab" in addition to the documentation required by subsection 132(g)(1). (h) Prior notice of at least 36 hours for each shipment shall be provided the department office nearest the point of destination during normal working hours (8:00 a.m.-5:00 p.m., Monday-Friday). Said notice shall include approximate time of entry into the state and the route of travel through the state. The importer shall furnish a copy of the bill of lading covering each importation received by said importer to said department office within 24 hours of receipt of the shipment. Note: Authority and reference cited: Sections 2364 and 8281, Fish and Game Code. s 132.5. Crab ( Cancer Magister) Commercial Season Extension. Note: Authority cited: Sections 8276.4 and 8277, Fish and Game Code. Reference: Sections 8275-8277, Fish and Game Code. s 133. Crabmeat, Cooked Crabs or Parts Thereof. This section applies only to crabs of the species Cancer magister. Crabmeat, cooked crabs or parts thereof, taken during the open season for crabs may be possessed, transported, and sold during the closed season under the following regulations: (a) Such cooked crabmeat, and cooked crabs or parts thereof shall be placed by the owner or possessor of such crabmeat, cooked crabs or parts thereof, in storage prior to the close of the season or within 10 days after the close of the season. Within 14 days after the close of the season the owner or possessor of such crabmeat, cooked crabs or parts thereof, which are being held for sale during the closed season, shall furnish the Department of Fish and Game with a written inventory of all crabmeat, cooked crabs or parts thereof held in possession on the tenth day after the close of the season. The inventory shall show the address of each cold storage plant where such crabmeat, cooked crabs or parts thereof are stored, as well as the amount in pounds of such crabmeat, cooked crabs or parts thereof held in each of said cold storage plants. (b) All withdrawals of cooked crabs or parts thereof, except picked crabmeat, from such cold storage plants shall be accompanied by a delivery manifest and a copy of said manifest shall be mailed to the nearest Department of Fish and Game office on the same date as the withdrawal. (c) The cold storage delivery manifest shall show the following: weight of cooked crabs or parts thereof, except picked crabmeat; name and address to whom delivery was made; and date and time of withdrawal. Note: Authority cited: Section 8281, Fish and Game Code. Reference: Section 8281, Fish and Game Code. s 134. Sturgeon, Importation Of. Note: Authority cited: Sections 2361, 2363, 2430, 2431, 7701, 7708, 8213 and 8431, Fish and Game Code. Reference: Sections 2353, 2361, 2430-2433, 7700-7710.5, 8213 and 8431, Fish and Game Code. s 135. Transportation, Possession and Sale of Imported Sturgeon, Striped Bass, Steelhead Trout and Shad. All imported sturgeon, striped bass, steelhead trout and shad shall be imported, transported, possessed and sold as provided in this section. This section applies to fish commercially taken out-of-state and not to those species grown or imported live by registered aquaculturists in this state. (a) At least 12-hour prior notice by the shipper or consignee of each shipment of such fish shall be provided to the department's regional office nearest the consignee during normal business hours (Monday through Friday, 8:00 a.m. to 5:00 p.m.). (b) Such fish must be accompanied by a bill of lading, waybill, invoice or similar accountable document showing the place of origin of the shipment, the name and address of the consignee and a listing of all fish by species, total weight and tag number. (c) The consignee shall retain a copy of the bill of lading or similar accountable document for one year and make it available to the department upon request. (d) All dead fish or parts thereof, may be imported, transported, or sold within the state in any form but shall be either: (1) Packaged in sealed containers or boxes. Each container or box shall be clearly labeled showing a description of the contents and an identification of the shipper; or (2) Tagged with consecutively numbered cinch-up vinyl plastic spaghetti tags with a legend showing the name of the shipper along with the city and state of origin. The tag sequence shall be present on all invoices and waybills. Reusable tags may not be possessed in the State of California. When tags are removed from the fish they must be destroyed by cutting through that portion of the tag which contains the name of the shipper and the tag number; or (3) Clearly marked, using liquid nitrogen and a metal brand, with an "A," 1/2 inch square, posterior to the head, anterior to the dorsal fin and above the lateral line. All fish shall be marked when alive but may be killed prior to transport or sale. (e) All live fish may be imported, transported or sold within the state in any form but shall be either tagged or marked as described in subsections (d)(2) or (d)(3). (f) Fish tagged, marked and/or packaged under subsections (d) or (e) above may be reprocessed and repackaged or retagged by dealers possessing a Wholesale Fish Dealer's and Processor's License as provided by section 8040 of the Fish and Game Code as well as a revocable processing permit issued by the Wildlife Protection Branch of the department specifically for striped bass, sturgeon and steelhead trout and shad. The permit shall be issued on a calendar year basis, or part thereof. When transported for sale such fish or portions of fish shall meet the transportation requirements of subsections (b) and (c). (g) No such fish may be possessed at a place where fish are sold unless packaged, marked or tagged in the manner described in subsections (d) or (e) except that operators or employees of retail stores, restaurants or other eating establishments may remove portions from packaged, marked or tagged fish when such portions are being displayed or prepared for actual sale to a consumer or for actual consumption on the premises. (h) The permit issued pursuant to subsection (f) may be cancelled or suspended at any time by the department upon conviction of a violation of these regulations by a court of competent jurisdiction. Cancellation or suspension may be appealed to the commission. See subsection 699(b) of these regulations for the fee for this permit. Note: Authority cited: Sections 1050, 2361, 2363, 7701, 7708, 8431, 15005 and 15600, Fish and Game Code. Reference: Sections 1050, 2353, 2361, 2363, 7700-7703, 8371, 8431, 15005 and 15600-15601, Fish and Game Code. s 136. Commercial Packaging or Tagging of Striped Bass. Note: Authority cited: Sections 2361, 2363, 2430, 2431, 7701, 7708, 8213 and 8431, Fish and Game Code. Reference: Sections 2353, 2361, 2430-2433, 7710-7710.5, 8213 and 8431, Fish and Game Code. s 137. Importation and Sale of Green Sea Turtle Products. Note: Authority and reference cited: Section 2463, Fish and Game Code. s 141. Sardine Canners, Reduction Plants and Packers of Other Sardine Products. Note: Authority cited: Sections 7701, 7708 and 8075, Fish and Game Code. Reference: Sections 7700-7710.5 and 8075, Fish and Game Code. s 142. Fishermen and Fish Plants. (a) In order to prevent waste of fish, no person shall take or bring into any cannery, packing, preserving, reduction or other plant, fish in excess of an amount for which he has a bona fide order in writing, either from the plant to which the fish are to be delivered, or from an organization acting for the plants or for the fishermen within the region; and no person shall deliver fish to a packing plant which are of a size, condition or species not specified in the bona fide order. A person shall not be considered as having a bona fide order to deliver fish if it is general knowledge, or if it is known by him, that weather conditions, strikes or other labor conditions, or any other conditions will prevent the completed delivery of fish to the given plant. (b) To prevent waste of fish, fishermen shall to the best of their ability, avoid impounding more fish when laying out the net than they intend to load on their boat, or of impounding fish of a size or species which do not comply to this order. In cases where more fish are accidentally caught in the net than it is desired to take on their boat or lighter, or in cases where fish which in size, quality or species do not conform to this order, are accidentally caught in the net, fishermen shall release the excess fish or the fish which do not comply to this order while they are still alive and before they commence brailing out the catch. Note: Authority cited: Section 7708, Fish and Game Code. Reference: Sections 7700-7710.5, Fish and Game Code. s 143. Sardine Pack, Acceptable Equivalents for, Other Than One-Pound Oval Cans. Note: Authority cited: Sections 7701, 7708 and 8075, Fish and Game Code. Reference: Sections 7700-7710.5 and 8075, Fish and Game Code. s 145. Anchovy Pack. Note: Authority cited: Sections 7701, 7703 and 7708, Fish and Game Code. Reference: Sections 7700-7710.5, Fish and Game Code. s 146. Sampling Methods. Samples taken pursuant to this section establish a rebuttable presumption that the sampling results are evidence of the true condition of the entire load or lot in the examination of which the sample was taken. The presumption established by this section is a presumption affecting the burden of proof. (a) In sampling loads or lots of fish to determine species or size composition by number or weight, a minimum of five subsamples shall be taken at reasonable intervals throughout the unloading process. The department shall prescribe methods of selecting samples which shall be reasonably calculated to produce by such sampling fair representations of the composition of the entire load or lot which is sampled. (b) To insure reasonable calculation of fair representation of composition, subsamples shall be taken to provide that the following minimum sample sizes are attained when dealing with the prescribed percentage tolerances: Minimum Total Sample Size Percentage Tolerance (in number of fish) 50% 378 40% 363 30% 318 25% 284 18% 223 15% 193 (c) Samples shall be taken and evaluated by deputized Wildlife Protection personnel or other designated personnel trained and certified by the department to conduct sampling activities established pursuant to this section. Note: Authority cited: Sections 7701, 7702, 7708 and 8189, Fish and Game Code. Reference: Sections 7700-7710.5, 8075-8080 and 8180-8189, Fish and Game Code. s 147. Granting and Issuance of Permits to Take and Use Anchovies by a Reduction Process. Anchovies shall not be taken, possessed, landed, or processed for reduction purposes except under revocable permits issued pursuant to this section. Anchovies may be taken for reduction purposes in the Northern Permit Area from August 1 to June 30. Anchovies may be taken for reduction purposes in the Southern Permit Area from September 15 to June 30. (a) Permits to Take, Possess, Land or Transport Anchovies. (1) To Whom Issued. Revocable permits shall be issued to the owner or operator of a currently registered California commercial fishing vessel. Permits may not be transferred from one boat to another without authorization from the department. The individual to whom the permit is issued must be aboard when fishing for anchovies for reduction purposes. Any permittee whose permit has been revoked may not take or assist in taking anchovies for reduction purposes for the remainder of the season. (2) Where Issued. Permits may be obtained from the department offices at Long Beach and Monterey. Such permits shall be valid until terminated or revoked. See subsection 699(b) of these regulations for the fee for this permit. (3) Conditions of Permits. (A) Suspension of Permits. When the harvest quotas established by the commission in subsection (a)(3)(F) are close to being reached, the department will notify all permit holders of the closing date 48 hours prior thereto. (B) Gear Specifications: 1. It is unlawful for any permittee to use a roundhaul net, with a wet-stretch mesh size less than 10/16 of an inch, except that the bag portion of a purse seine net may have a wet-stretch mesh size of not less than 8/16 of an inch, to take anchovies for reduction purposes. The bag portion of a purse seine net shall be constructed as a single unit and shall not exceed 12.5 percent of the total area of the net. 2. It is unlawful for any permittee to possess aboard his fishing vessel any fishing gear contrary to the above specifications when anchovies taken for reduction purposes are possessed aboard the vessel. 3. Minimum mesh size requirements are met if a standard stainless steel wedge of appropriate gauge can be passed, with thumb pressure only, through 16 of 20 sets of two meshes each of wet mesh. 4. Notwithstanding these gear specifications, a permittee may, until April 1, 1986, possess and use a roundhaul net of smaller mesh size if, prior to use, the permittee has notified the department and has demonstrated to the department that the net was used in the California anchovy reduction fishery prior to May 24, 1983. (C) Gear Inspection. Fishing gear possessed aboard a permittee's vessel shall be subject to inspection by the department at all times to determine compliance with gear specification requirements specified in subsection (a)(3)(B). (D) Vessel Identification. The operator of any boat engaged in taking anchovies under these regulations shall at all times while operating such boat identify it by displaying on an exposed part of the superstructure, amidship on each side and on top of the house visible from the air, the department's registration number of the boat in 14-inch black numerals on white background. (E) Declaration of Intent to Take, Possess, Land or Transport Anchovies for Reduction Purposes. 1. The provisions of subsection (a)(3)(E) shall apply only to vessels taking anchovies for reduction purposes as described in subsection (a)(3)(F)1. and 2. 2. No vessel shall be operated to take, carry or deliver anchovies for reduction purposes unless a declaration of intent has been filed regarding said vessel in accordance with these regulations. 3. Before a vessel operator can file a declaration of intent as required by subsection (a)(3)(E) he must be the operator of a vessel duly registered as provided by section 7890 of the Fish and Game Code, and must possess a valid commercial fishing license. 4. No vessel operating under the authority of a declaration of intent filed pursuant to these regulations shall take, carry or deliver anchovies for any purpose other than reduction except when taking anchovies for canning or live bait purposes as provided in subsection (a)(3)(E)12 of these regulations, or when operating pursuant to an exception filed in accordance with subsection (a)(3)(E)5 of these regulations. When operating under the authority of an exception, no anchovies may be taken for reduction purposes. 5. During the period for which the declaration is in force and effect, a named vessel may be used to take, carry and deliver anchovies for other than reduction purposes if, and only if, operator files an exception in accordance with the following provisions: a. When the operator intends to use said vessel to take anchovies for purposes other than reduction, he shall so notify the Long Beach or Yountville offices of the department, either by letter or telegram, prior to the commencement of fishing. This notice shall be posted or sent prior to the commencement of fishing and shall be effective only on the vessel named. b. The notice shall contain the following information: the calendar days for which the exception is to be effective; the purpose for which the anchovies are to be taken; and the name and registration number of the vessel. 6. Declaration of intent shall be filed with the department during normal working hours at the Yountville, San Diego or Long Beach office of the department. The declaration of intent shall be filed on forms furnished by the department. 7. Each declaration of intent shall specify the vessel to which it applies. Only one vessel may be specified on any one declaration, but a qualified applicant may file separate declarations for more than one vessel. 8. Except as otherwise provided, any declaration of intent filed pursuant to these regulations shall be in force only during the open season, or if filed after the beginning of such term, for the remainder thereof. 9. A copy of each declaration filed under subsection (a)(3)(E) to take anchovies shall be carried aboard the vessel to which it relates and shall be exhibited upon demand to the authorized representative of any reduction plant to which said vessel is delivering anchovies and upon demand to any officer of the department. 10. No vessel which has filed a declaration of intent to take, carry and deliver anchovies for purposes of reduction and has filed no exception thereto shall place any net in the water for the purpose of taking anchovies in any unauthorized area. In the event of any violation of this section, the operator of said vessel shall be deemed in violation thereof. 11. Whenever anchovies are possessed aboard a vessel for which declaration of intent to take, carry and deliver anchovies for reduction purposes has been filed and such declaration is in full force and effect, and not then subject to any notice of exception pursuant to subsection (a)(3)(E)5, it shall be conclusively presumed that said anchovies were taken and were being carried for reduction purposes. 12. Notwithstanding the other provisions of subsection (a)(3)(E), vessels operating under a declaration of intent to take anchovies for reduction purposes may also take anchovies for canning purposes, pursuant to the appropriate sections of the Fish and Game Code and of this section, and may also take anchovies for live bait purposes, providing that all conditions, laws, and regulations pertaining to the reduction fishery are adhered to while so engaged in live bait fishing. (F) Permit Areas and Quotas. 1. Northern Permit Area. The area shall include the waters of the Pacific Ocean between the California-Oregon border and a line extending due west (true) from Point Buchon. Anchovies taken under the provisions of these regulations may be taken in all waters of the northern permit area described above, with the following exceptions: within Districts 2, 8, 9, 11, 12, 13, 15; the waters of Bodega and Tomales Bay; that portion of District 10 lying inshore of a line beginning at Pigeon Point (San Mateo County) northwesterly in a straight line to the U.S. Navigation Light on S.E. Farallon Island, northerly in a straight line to the U.S. Navigation Light on Pt. Reyes (Marin County); that portion of District 16 lying southerly of the Monterey Breakwater magnetic east to shoreline; that portion of District 18 within three miles of shore in the area lying between a line drawn magnetic west of Point Estero and a line drawn magnetic west of Point Buchon; and that portion of District 18 within three miles of shore in that area lying between a line drawn magnetic west of Point San Luis and a line drawn magnetic west of Arroyo Grande Creek. 2. Southern Permit Area. The area shall include the waters of the Pacific Ocean between the United States-Mexico International Boundary and a line extending due west (true) from Point Buchon. Anchovies taken under the provisions of these regulations may be taken in all waters of the southern permit area described above, with the following exceptions: within three miles of the mainland shore south of Point Buchon and in all districts or portions of districts where and at such times as the use of round-haul nets is prohibited; within four miles of the mainland shore between lines running 235° magnetic from the steam plant stack at Mandalay Beach and 205° magnetic from the steam plant stack at Ormond Beach; within the area encompassed by a line extending six miles 165° magnetic from Point Fermin, thence to a point located three miles offshore on a line 210° magnetic from Huntington Beach pier; within six miles of the mainland shore south of a line running 210° magnetic from the tip of the outer breakwater of Oceanside Harbor. 3. Quotas. If the department or department's designee does not produce a northern anchovy biomass estimate, total tonnage reserved for a harvest quota is 5,000 tons and is established on August 1 of each year. This quota is allocated evenly between northern and southern permit areas. 4. Adjustments to Quotas. If during the season the maximum quota set by the commission for the northern or southern permit areas should be approached, the commission will consider an increase in the quota for the area approaching its quota. After May 15, any tonnage remaining in the quota for the northern permit area will be made available to southern area permittees. (b) Permits to Reduce Anchovies. (1) Qualification of Permittee. To be eligible for a reduction permit under these regulations each applicant must have the license provided in section 8042(a) of the Fish and Game Code, and supply proof to the satisfaction of the department that the applicant can properly unload, weigh, and utilize anchovies for reduction before any permit is issued. (2) Applications. All applications for permits to reduce whole anchovies for a given season must be received by the Fish and Game Commission, 1416 Ninth Street, Sacramento, CA 95814, on or before the close of business on the preceding July 15. (3) Limitation of Permit. Not more than one permit shall be issued for each plant. Permits shall not be transferred without prior authorization from the commission. (4) Duration of Permit. Except as otherwise provided, any permit issued pursuant to these regulations shall be in force only for the time as specified on such permit. (5) Records. The permittee shall submit daily to the nearest office of the department receipts required under the provisions of section 8011 of the Fish and Game Code for all anchovies purchased or received that day for reduction. (6) Plant Delivery. No reduction plant shall take delivery of anchovies from any vessel whose operator has not filed a declaration of intent required under subsection (a)(3)(E) to take, carry and deliver anchovies for reduction purposes. (7) Weighing of Fish Landed. No anchovies intended for use or used in any reduction plant shall be unloaded from any vessel except at a weighing or measuring device approved by the Bureau of Weights and Measures. Such anchovies shall be weighed by a public weighmaster licensed as an individual under the laws of this state and a receipt as to such weight shall be immediately issued by him to the fisherman at the time of receipt of such anchovies. Copies of such receipt shall be handled in the manner provided in sections 8011 to 8014 of the Fish and Game Code. (8) Fish from South of the International Boundary. Anchovies taken south of the United States-Mexico International Boundary and landed in California for reduction processes shall be included in the total quota set by these regulations for the southern permit area. (c) These regulations shall be set forth in or attached to all permits. Permits shall be issued only upon conditions contained in the application and signed by the applicant that he has read, understands and agrees to be bound by all the terms of the permit. A copy of these regulations shall be given to every person who files a declaration of intent pursuant to these regulations. (d) Revocation of Permits. Any permit may be revoked by the commission upon breach or violation of any Fish and Game law or regulation or violation of the terms or conditions of the permit by holders thereof, their agents, servants, employees, or those acting under their direction and control. Note: Authority cited: Sections 202 and 7708, Fish and Game Code. Reference: Sections 8076 and 8190, Fish and Game Code. s 148. Permits to Commercially Take Pacific Mackerel. Note: Authority cited: Section 7652, Fish and Game Code. Reference: Sections 7650-7653 and 8411, Fish and Game Code. s 149. Commercial Taking of Market Squid. (a) Fishing days. North of a westerly extension of the United States - Republic of Mexico boundary line, market squid may not be taken for commercial purposes between 1200 hours (noon) on Friday and 1200 hours (noon) on Sunday of each week. This regulation applies to vessels catching squid or attracting squid with lights. This regulation does not apply to vessels taking squid for live bait purposes only or to fishing activities which result in squid landings taken pursuant to subsection (g) of this Section. Squid taken for live bait purposes pursuant to this Section shall only be sold as live bait. (b) Records. Pursuant to Section 190 of these regulations, any person who possesses a valid Market Squid Vessel Permit, Market Squid Brail Permit, or Market Squid Light Boat Permit shall complete and submit an accurate record of his/her squid fishing/lighting activities on a form (Market Squid Vessel Logbook - DFG 149a (9/01), or Market Squid Light Boat Logbook - DFG 149b (9/01), which are incorporated by reference herein) provided by the department, as appropriate to the type of fishing activity. Logbook records shall be transmitted to the department on or before the 10th day of each month following the month that fishing activity occurred. (c) Maximum Wattage. Each vessel fishing for squid or lighting for squid shall utilize a total of no more than 30,000 watts of lights to attract squid at any time. (d) Light Shields. Each vessel fishing for squid or lighting for squid will reduce the light scatter of its fishing operations by shielding the entire filament of each light used to attract squid and orienting the illumination directly downward, or providing for the illumination to be completely below the surface of the water. The lower edges of the shields shall be parallel to the deck of the vessel. (e) Seasonal Catch Limitation. For the period from April 1 through March 31 of the following year, a total of not more than 118,000 short tons of market squid may be taken statewide by vessels permitted under Section 149.1 or 149.3, Title 14, CCR, with the fishery closure implemented as follows: (1) The department shall estimate, from the current trend in landings, when the market squid catch limit will be reached, and will publicly announce the effective date of closure of the directed fishery on VHF/channel 16 between the hours of 10:00 p.m. and 12:00 a.m. (midnight). It shall be the responsibility of all operators of permitted market squid vessels to monitor VHF/channel 16 to determine when the catch limit is expected to be reached and the fishery closed. Any announcement issued or made by the department on VHF/channel 16 shall constitute official notice. (2) Whenever the market squid catch limit has been reached, market squid may be taken for commercial purposes through March 31 only if the amount taken does not exceed two tons landed in a calendar day or if the squid taken is used for live bait only. (f) Closed Times and Areas for Seabirds. Market squid may not be taken for commercial purposes utilizing attracting lights in all waters of the Gulf of the Farallones National Marine Sanctuary. Boundaries of the Sanctuary are defined as those in effect on August 27, 2004, pursuant to Title 15, Code of Federal Regulations (CFR), Part 922, Subpart H. This regulation also applies to vessels pursuing squid for live bait purposes. (g) Incidental Allowance. It is unlawful to take, land, or possess in excess of two tons of squid per trip or per calendar day except as authorized under a Market Squid Vessel Permit or a Market Squid Brail Permit as described in subsection 149.1(b) or Section 149.3, or for purposes of live bait only. (h) Forfeiture. Squid landed or possessed in violation of the allowance specified in subsection (g) above shall be forfeited to the department by the signing of an official release of property form. The squid shall be sold or disposed of in a manner to be determined by the department. The proceeds from all sales shall be paid into the Fish and Game Preservation Fund. (i) Use of Lights to Aggregate Squid. It is unlawful to attract squid by light except as authorized under permits described in subsection 149.1(b) or Section 149.3. This regulation does not apply to seine skiffs of a permitted vessel, or to vessels pursuing squid for live bait purposes only. (j) Citations for violations of this Section may be issued to the vessel operator, crewmembers, and/or the holder of a market squid permit issued pursuant to Section 149.1 or 149.3, Title 14, CCR. (k) Exemption from Tidal Invertebrate Permit. A commercial market squid vessel or light boat operating under the provisions of a commercial market squid permit is not required to possess a Tidal Invertebrate Permit, but is subject to the provisions of Section 123. Note: Authority cited: Sections 7078, 7701, 7708, 7923, 8026, 8425 and 8429.5, Fish and Game Code. Reference: Sections 7701, 7708, 7923, 8026, 8425, 8429.5, 8429.7, 12159 and 12160, Fish and Game Code. s 149.1. Market Squid Fishery Restricted Access Program. (a) Permit Required. On and after April 1, 2005, no person shall take, land, or attract squid by light for commercial purposes, except as provided in subsection 149(g), unless the owner of that vessel has a valid market squid permit for use on that vessel that has not been suspended or revoked. (b) Classification of Permits and Permit Authorization. (1) A Market Squid Vessel Permit authorizes the use of round haul gear, including purse seine, drum seine and lampara nets for commercial harvest. Use of brail gear, including dip and scoop nets, is also authorized. Lights may also be used as specified in regulation to aggregate squid for purposes of commercial harvest. No other gear is authorized under this permit to take or assist in the taking of market squid for commercial purposes. Market Squid Vessel Permits are designated as either transferable or non-transferable as described in subsection (o) below. (2) A Market Squid Brail Permit authorizes the use of brail gear including dip and scoop nets to take market squid for commercial purposes. Lights may also be used as specified in regulation to aggregate squid for purposes of commercial harvest. No other gear is authorized under this permit to take or assist in the taking of market squid for commercial purposes. Market Squid Brail Permits are designated as either transferable or non-transferable as described in subsection (o) below. (3) A Market Squid Light Boat Permit authorizes only the use of lights as specified in regulation to aggregate squid for purposes of commercial harvest. No other gear is authorized under this permit to take or assist in the taking of market squid for commercial purposes. Market Squid Light Boat Permits are transferable as described in subsection (o) below. (4) Only one market squid permit, regardless of the class of permit as described in subsections (b)(1), (2), and (3) above, may be issued per owner per vessel. (c) Initial Issuance Criteria. Any person who is the registered owner of the vessel must provide current proof of vessel ownership at the time of application. Permits as described in subsection (b) shall be issued only to the following persons, partnerships or corporations based on qualifying criteria described in this subsection. Transferable permits shall be issued to owners where the vessel meets the specified initial issuance criteria for the class of permit. Non-transferable permits shall be issued only to individuals that meet the specified initial issuance criteria for the class of permit. During initial permit issuance, a permit must be placed only on a vessel that was licensed with a valid Market Squid Vessel Permit or a Market Squid Light Boat Owner's Permit in the 2004-05 permit year, and which must also be the vessel upon which the qualifying catches were made. (1) Market Squid Vessel Permit - Transferable. (A) A Transferable Market Squid Vessel Permit may be issued to an individual, partnership or corporation that is the owner of a commercial fishing vessel with a Market Squid Vessel Permit for the 2004-05 permit year that has been registered with the department pursuant to Fish and Game Code Section 7881 at the time of application, and (B) the Market Squid Vessel Permit has not been suspended or revoked, and (C) the vessel must have made at least 50 landings of market squid from January 1, 2000 through March 31, 2003 as documented by fish landing receipts submitted to the department in the vessel's name and identification number pursuant to Fish and Game Code Section 8046. (D) Upon issuance of a transferable Market Squid Vessel Permit, additional squid fishery catch history associated with the vessel may not be used by any individual, partnership or corporation toward qualification for additional permits of any class. (2) Market Squid Vessel Permit - Non-Transferable. (A) A Non-Transferable Market Squid Vessel Permit may be issued to an individual that is the owner of a commercial fishing vessel with a Market Squid Vessel Permit for the 2004-05 permit year that has been registered with the department pursuant to Fish and Game Code Section 7881 at the time of application, and (B) the Market Squid Vessel Permit has not been suspended or revoked, and (C) pursuant to Fish and Game Code Section 8101, the individual must have been licensed as a California commercial fisherman for at least 20 years at the time of application, and (D) the individual has made at least 33 landings of market squid from the vessel licensed with a Market Squid Vessel Permit for the 2004-05 permit year as documented by fish landing receipts submitted to the department in the person's name and commercial fishing license identification number pursuant to Fish and Game Code Section 8046, prior to August 27, 2004. Only receipts that demonstrate catch aboard a vessel with a Market Squid Vessel Permit for the 2004-05 permit year that does not already qualify for issuance of a transferable Market Squid Vessel Permit under subsection (c)(1) of this section or a transferable Market Squid Brail Permit under subsection (c)(3) of this section or a transferable Market Squid Light Boat Permit under subsection (c)(5) of this section are valid for consideration. (E) The department shall separately identify Non-Transferable Market Squid Vessel Permits issued under this section and those permits shall become null and void upon the death of the permit holder. (3) Market Squid Brail Permit - Transferable. (A) A Transferable Market Squid Brail Permit may be issued to an individual, partnership, or corporation that is the owner of a commercial fishing vessel that has been registered with the department pursuant to Fish and Game Code Section 7881 at the time of application, and (B) have been issued a Market Squid Vessel Permit for the 2004-05 permit year for that vessel that has not been suspended or revoked, and (C) the vessel must have made at least 10 landings of market squid with brail gear from January 1, 2000 through March 31, 2003 as documented by fish landing receipts submitted to the department in the vessel's name and identification number pursuant to Fish and Game Code Section 8046. (D) Upon issuance of a transferable Market Squid Brail Permit, additional squid fishery catch history associated with the vessel may not be used by any individual, partnership or corporation toward qualification for additional permits of any class. (4) Market Squid Brail Permit - Non-Transferable. (A) A Non-Transferable Market Squid Brail Permit may be issued to an individual that is the owner of a commercial fishing vessel with a Market Squid Vessel Permit for the 2004-05 permit year that has been registered with the department pursuant to Fish and Game Code Section 7881 at the time of application, and (B) the Market Squid Vessel Permit has not been suspended or revoked, and (C) pursuant to Fish and Game Code Section 8101, the individual must have been licensed as a California commercial fisherman for at least 20 years at the time of application, and (D) the individual has made at least 10 landings of market squid with brail gear from the vessel with a Market Squid Vessel Permit for the 2004-05 permit year as documented by fish landing receipts submitted to the department in the person's name and commercial fishing license identification number pursuant to Fish and Game Code Section 8046, during any one permit year (April 1 through March 31 of the following year) from January 1, 2000 through March 31, 2003. Only receipts that demonstrate catch from a vessel with a Market Squid Vessel Permit for the 2004-05 permit year that does not already qualify for issuance of a transferable Market Squid Vessel Permit under subsection (c)(1) of this section or a transferable Market Squid Brail Permit under subsection (c)(3) of this section or a transferable Market Squid Light Boat Permit under subsection (c)(5) of this section are valid for consideration. (E) The department shall separately identify Non-Transferable Market Squid Brail Permits issued under this section and those permits shall become null and void upon the death of the permit holder. (5) Market Squid Light Boat Permit - Transferable. (A) A Transferable Market Squid Light Boat Permit may be issued to an individual, partnership or corporation that is the owner of a commercial fishing vessel that has been registered with the department pursuant to Fish and Game Code Section 7881 at the time of application, and (B) the individual, partnership or corporation must have been issued a Market Squid Vessel Permit or a Squid Light Boat Owner's Permit for the 2004-05 permit year for use on that vessel that has not been suspended or revoked, and (C) the individual, partnership or corporation must have submitted to the department, pursuant to subsection 149(b) and Section 190, Title 14, CCR, at least one market squid light boat logbook form (DFG 149b) with fishing activity dated on or prior to December 31, 2000 for that vessel. (6) Non-Transferable Market Squid Vessel Permits and Non-Transferable Market Squid Brail Permits may only be issued to individuals, and shall not be issued to partnerships or corporations, although the permit may be placed on a vessel which is owned by a partnership or corporation. (d) Application Deadlines for Initial Permit Issuance. All applications [FG 1315 (8/04), incorporated by reference herein] and permit fees for initial issuance of Market Squid Vessel Permits, Market Squid Brail Permits, and Market Squid Light Boat Permits must be received by the department, or, if mailed, postmarked on or before June 30, 2005. Applications and permit fees for initial issuance of Market Squid Vessel Permits, Market Squid Brail Permits, and Market Squid Light Boat Permits received by the department, or, if mailed, postmarked from July 1 through July 31, 2005 will be assessed a $250 late fee, notwithstanding Fish and Game Code Section 7852.2. Applications and permit fees for initial issuance of Market Squid Vessel Permits, Market Squid Brail Permits, and Market Squid Light Boat Permits received by the department or postmarked after July 31, 2005 will be denied by the department and returned to the applicant. (e) Initial Issuance Appeals. Any applicant who is denied initial issuance of a Market Squid Vessel Permit, Market Squid Brail Permit, or a Market Squid Light Boat Permit by the department pursuant to subsection (c) may appeal that denial to the commission in writing, describing the basis for the appeal. The appeal shall be received by the commission or, if mailed, postmarked within 60 days of the department's denial. (f) Annual Permit Renewal. (1) On and after April 1, 2006, Market Squid Vessel Permits, Market Squid Brail Permits and Market Squid Light Boat Permits will be issued annually by the department only to those persons who have held the same class of permit in the immediately preceding permit year. (2) Upon the death of the individual to whom a Non-Transferable Market Squid Vessel Permit or Non-Transferable Market Squid Brail Permit is issued, the permit shall be considered null and void and permit renewal criteria specified in this subsection shall not apply. (g) Application Deadlines for Annual Permit Renewal. All applications [FG 1315 (8/04), incorporated by reference herein] and permit fees for renewal of Market Squid Vessel Permits, Market Squid Brail Permits, and Market Squid Light Boat Permits must be received by the department, or, if mailed, postmarked on or before April 30 of each permit year. Applications and permit fees for renewal of Market Squid Vessel Permits, Market Squid Brail Permits, and Market Squid Light Boat Permits received by the department, or, if mailed, postmarked from May 1 through May 31 of each permit year will be assessed a $250 late fee, notwithstanding Fish and Game Code Section 7852.2. Applications and permit fees for renewal of Market Squid Vessel Permits, Market Squid Brail Permits, and Market Squid Light Boat Permits received by the department or postmarked after May 31 of each permit year will be denied by the department and returned to the applicant. (h) Renewal Appeals. Any applicant who is denied renewal of a Market Squid Vessel Permit, Market Squid Brail Permit, or a Market Squid Light Boat Permit may appeal the denial to the department in writing describing the basis for the appeal. The appeal shall be received or, if mailed, postmarked no later than March 31 following the permit year in which the applicant last held a valid Market Squid Vessel Permit, Market Squid Brail Permit, or a Market Squid Light Boat Permit. The appeal shall be reviewed and decided by the department. The decision of the department may be appealed in writing to the commission within 60 days of the date of the department's written decision. (i) Permit, Transfer and Upgrade Fees. (1) The department shall charge an annual fee for a permit of each permit class as follows: (A) Market Squid Vessel Permit - Transferable - two thousand dollars ($2,000). (B) Market Squid Vessel Permit - Non-Transferable - one thousand dollars ($1,000). (C) Market Squid Brail Permit - Transferable - two thousand dollars ($2,000). (D) Market Squid Brail Permit - Non-Transferable - one thousand dollars ($1,000). (E) Market Squid Light Boat Permit - Transferable - six hundred dollars ($600). (2) The department shall charge a non-refundable fee of five hundred dollars ($500) for each permit transfer. If more than one permit is involved in the transfer based on provisions defined in subsection (o), a total of five hundred dollars ($500) dollars shall be charged for the transaction. (3) The department shall charge a non-refundable fee of one thousand five hundred dollars ($1,500) for each Market Squid Brail Permit Upgrade based on provisions defined in subsection (q). (j) Permit Revocation, Suspension or Cancellation. (1) Pursuant to Fish and Game Code Section 1052(b), a Market Squid Vessel Permit, Market Squid Brail Permit, or a Market Squid Light Boat Permit shall be revoked if false information is provided by the permittee to obtain or maintain the permit. (2) A Market Squid Vessel Permit, Market Squid Brail Permit, or a Market Squid Light Boat Permit may be suspended, revoked, or cancelled by the commission upon conviction of a violation of regulations contained in Section 149, Title 14, CCR, or violation of the terms and conditions of the permit. (k) Dissolution of Partnership or Corporation. If a transferable Market Squid Vessel Permit, Market Squid Brail Permit, or Market Squid Light Boat Permit is issued for a vessel that is owned by a bona fide partnership or corporation which becomes dissolved, the partnership or corporation shall notify the department of the name of the partner or shareholder who is the successor permitholder and the department shall reissue the permit to that partner or shareholder. Change of vessel ownership provisions defined in subsection (l) and transfer fees in subsection (i)(2) apply. (l) Change of Vessel Ownership. (1) If a transferable Market Squid Vessel Permit, Market Squid Brail Permit, or Market Squid Light Boat Permit is issued for a vessel that is owned by an individual or by a bona fide partnership or corporation, and the individual, bona fide partnership, or corporation transfers the title of ownership of the vessel to another entity, the original entity to which the permit is issued must notify the department of the change in ownership, and submit a non-refundable transfer fee of five hundred dollars ($500). (2) Upon payment of fees, and surrender to the department of the original permit or permits, the department shall issue the applicable permit to the new owner of the vessel that is valid for the remainder of the fishing season. Gross tonnage endorsement provisions defined in subsection (n) below shall apply. (3) Non-Transferable Market Squid Vessel Permits and Non-Transferable Market Squid Brail Permits which are issued to individuals shall not be transferred to a new owner. Sale or transfer of ownership of a vessel that is authorized to fish under a non-transferable market squid permit shall render the permit null and void. (m) Capacity Goals. (1) The capacity goal for transferable and non-transferable Market Squid Vessel Permits is 55. (2) The capacity goal for transferable and non-transferable Market Squid Brail Permits is 18. (3) The capacity goal for transferable Market Squid Light Boat Permits is 34. (4) Should the number of Market Squid Vessel Permits, Market Squid Brail Permits, or Market Squid Light Boat Permits issued by the department fall below the capacity goal for that permit class, the commission may prescribe criteria for issuance of additional permits of that class, which may include but is not limited to previous issuance of market squid vessel, brail or light boat permits, market squid catch or market squid logbook histories. (n) Gross Tonnage Endorsement. Each Market Squid Vessel Permit or Market Squid Brail Permit shall be endorsed with the gross tonnage at the time of initial issuance. Any vessel owner transferring a Market Squid Vessel Permit or Market Squid Brail Permit shall also provide gross tonnage information for the replacement vessel as described below. (1) The gross tonnage shall be determined as follows: (A) If the owner of the vessel holds a Federal Coastal Pelagic Species Permit issued by the National Marine Fisheries Service for that vessel, the owner of the vessel shall submit a copy of the vessel owner's current valid Federal Coastal Pelagic Species Permit with the vessel's endorsed gross tonnage. (B) If the owner of the vessel does not hold a Federal Coastal Pelagic Species Permit for the vessel, the gross tonnage will be determined by multiplying the length (L), breadth (B), and depth (D) of the vessel by 0.0067. Records of length, breadth, and depth used for determining gross tonnage will be those recorded on the vessel's United States Coast Guard documentation paper. (2) The gross tonnage endorsement will remain in effect for the lifetime of each permit, regardless of the gross tonnage of a vessel to which it was transferred. (3) In cases where a permit is transferred to a vessel with a smaller gross tonnage, the original gross tonnage endorsement will remain, and excess gross tonnage cannot be split out from the original permit endorsement for any purpose. (4) In cases where two or more permits are transferred to a replacement vessel pursuant to guidelines in subsection (o), the replacement vessel shall be issued a transferable permit which reflects a gross tonnage endorsement which is recorded as either the sum of the gross tonnage endorsements from the original vessels, or the gross tonnage of the replacement vessel, whichever of the two values is less. (o) Transfer of Permits to Replacement Vessels. (1) Conditions for permit transferability as defined in this subsection shall provide the mechanism for achieving the capacity goals defined in subsection (m) of this Section over time. (2) Definitions of Comparable Capacity. (A) For purposes of permit transferability described in this subsection, two vessels are of comparable capacity if the gross tonnage, as defined in subsection (n) of this Section, of the replacement vessel is not in excess of ten percent greater than the gross tonnage of the originally permitted vessel [the replacement vessel's gross tonnage must be less than (the gross tonnage of the original vessel) plus (0.1 multiplied by the gross tonnage of the original vessel)]. (B) A replacement vessel shall be considered of comparable capacity in cases of permit transfers where the gross tonnage of the original vessel exceeds the gross tonnage of the replacement vessel by any amount. Gross tonnage endorsement provisions for the replacement vessel defined in subsection (n) shall apply. (3) After August 31, 2005 the following conditions for transferability of permits to replacement vessels will be in effect for permits in each class as described: (A) The owner of a vessel with a valid Transferable Market Squid Vessel Permit may transfer the permit to another person who is the owner of a replacement commercial fishing vessel of comparable capacity as defined in this subsection. (B) If transfer is sought of a Transferable Market Squid Vessel Permit for a replacement commercial fishing vessel which is not of comparable capacity as defined in this subsection, one additional valid Transferable Market Squid Vessel Permit shall be transferred and surrendered to the department at the time of the transfer. Market Squid Vessel Permit transfers are not authorized in cases where the gross tonnage of the replacement vessel is not of comparable capacity to the sum of the gross tonnages of the two original vessels as defined above. (C) A Transferable Market Squid Brail Permit issued to an individual, partnership or corporation may be transferred to another entity who is the owner of a replacement commercial fishing vessel of comparable capacity as defined in this subsection. (D) A Transferable Market Squid Light Boat Permit issued to an individual, partnership or corporation may be transferred to another entity who is the owner of a replacement commercial fishing vessel. (E) In the event of death of the holder of a Transferable Market Squid Vessel Permit, Transferable Market Squid Brail Permit, or a Transferable Market Squid Light Boat Permit, the estate must apply for transfer of the permit to another entity within one year of the permitholder's death. (F) A Non-Transferable Market Squid Vessel Permit or a Non-Transferable Market Squid Brail Permit issued to an individual may not be transferred to another entity, but in the event the permitted vessel is lost, stolen or destroyed, or has suffered a major mechanical breakdown, the permit may be placed on a replacement vessel of comparable capacity as defined in subsection (m). A notarized, written request for transfer must be submitted, along with proof that the permitted vessel is lost, stolen, or destroyed in the form of a copy of the report filed with the United States Coast Guard or any other law enforcement agency or fire department investigating the loss. In the case of mechanical breakdown, the request shall include an estimate of the costs to repair the vessel from a marine surveyor or boat repair yard. The department shall not issue a permit for a replacement vessel pursuant to this subsection if the permitted vessel was reported lost, stolen, destroyed, or damaged for fraudulent purposes. (4) The applicant for transfer must be the owner of a replacement commercial fishing vessel that has been registered with the department pursuant to Fish and Game Code Section 7881 at the time of application. (5) A written request for transfer of a market squid permit of any class shall be submitted to the department by the owner of the replacement vessel in the form of a notarized letter, accompanied by the nonrefundable transfer fee and shall include a copy of the permit or permits which are being considered for transfer, current proof of vessel ownership, and gross tonnage information as described in subsection (n), if applicable. (6) Any market squid permit holder intending to transfer a permit shall submit a notarized letter to the department setting forth the conditions of the sale, and shall specify that the terms of the transfer as documented by the replacement vessel owner are valid and true. (7) Upon determining that the applicant is qualified to transfer the permit to a replacement vessel, payment of all fees, and surrender to the department of the original permit or permits, the department shall issue the applicable permit to the owner of the replacement vessel that is valid for the remainder of the fishing season. Gross tonnage endorsement provisions defined in subsection (n) above shall apply. (8) At the time the permit transfer is complete, vessels previously authorized to fish under conditions of a surrendered permit shall not take or attract squid for commercial purposes unless otherwise authorized in regulation or statute. (p) Transfer Appeals. Any applicant who is denied transfer of a Market Squid Vessel Permit, Market Squid Brail Permit, or a Market Squid Light Boat Permit may appeal the denial to the department in writing describing the basis for the appeal. The appeal shall be received or, if mailed, postmarked within 60 days of the date of the department's denial. The appeal shall be reviewed and decided by the department. The decision of the department may be appealed in writing to the commission within 60 days of the date of the department's written decision. (q) Market Squid Brail Permit Upgrade. Purchase of a Transferable Market Squid Brail Permit by a permittee who holds a Transferable Market Squid Light Boat Permit may occur with surrender of the Transferable Market Squid Light Boat Permit. (1) An application for upgrade to a Market Squid Brail Permit shall be submitted to the department by the market squid light boat permittee in the form of a notarized letter, and shall include a copy of the permit which is being sought for surrender, current proof of vessel ownership, and gross tonnage information as described in subsection (n). (2) Upon determining that the applicant is qualified to upgrade the permit, payment of all permit and upgrade fees, and surrender to the department of the original permit, the department shall issue the replacement permit that is valid for the remainder of the fishing season. Gross tonnage endorsement provisions defined in subsection (n) above shall apply. (r) Market Squid Brail Permit Upgrade Appeals. Any applicant who is denied upgrade of a Transferable Market Squid Light Boat Permit to a Transferable Market Squid Brail Permit may appeal the denial to the department in writing describing the basis for the appeal. The appeal shall be received or, if mailed, postmarked within 60 days of the date of the department's denial. The appeal shall be reviewed and decided by the department. The decision of the department may be appealed in writing to the commission within 60 days of the date of the department's written decision. Note: Authority cited: Sections 7071, 7078, 7923, 8026, 8425, 8428 and 8429.5, Fish and Game Code. Reference: Sections 7050, 7071, 7701, 7708, 7923, 8026, 8101, 8425, 8428, 8429.5 and 8429.7, Fish and Game Code. s 149.3. Experimental Market Squid Vessel Permits. (a) The commission may issue 3 Non-Transferable Market Squid Vessel Permits as described in Section 149.1 to any individual for placement on any vessel for purposes of developing a squid fishery in areas previously not utilized for squid production. (b) Excepting initial issuance provisions defined in subsection 149.1(c), terms and conditions of Section 149.1 apply in entirety to permits issued pursuant to this Section. (c) Individuals issued permits pursuant to this Section are subject to all commercial squid fishing regulations defined in Section 149, Title 14, CCR. (d) Market Squid Vessel Permits issued pursuant to this Section may be suspended, revoked, or cancelled by the commission upon conviction of a violation of regulations contained in Section 149, Title 14, CCR, or violation of the terms and conditions of the permit. Note: Authority cited: Sections 7071, 7078 and 8425, Fish and Game Code. Reference: Sections 7070, 7071, 7075, 7078 and 7083, Fish and Game Code. s 150. Nearshore Fishery Restricted Access Program. (a) Nearshore Fishery Permits issued pursuant to Fish and Game Code Section 8587, are valid only in the regional management area specified in the permit. (b) The department shall issue a Nearshore Fishery Permit for a regional management area described in Section 52.04, Title 14, CCR to each nearshore fishery permittee who meets the regional qualifying criteria below. A person will receive only one Nearshore Fishery Permit for use in only one regional management area. A person meeting the qualifications for more than one regional management area must make a permanent, irrevocable decision prior to obtaining a Nearshore Fishery Permit for the 2003-2004 permit year to fish in one regional management area. The permit shall not be changed to another regional management area under any circumstances. (c) Nearshore Fish Stocks Used for Landings Qualification. The following names or market categories and their associated codes as recorded on department fish landing receipts pursuant to Fish and Game Code Section 8043 will be used to determine eligibility: black-and-yellow rockfish (251), cabezon (261), California scorpionfish (260), California sheephead (145), China rockfish (258), gopher rockfish (263), grass rockfish (652), greenlings of the genus Hexagrammos(290), kelp rockfish (659), group nearshore rockfish (973) and group gopher rockfish (962). (d) Initial Permit Issuance. (1) North Coast Region. The person has a valid 2002-2003 Nearshore Fishery Permit that has not been suspended or revoked, and has landed nearshore fish stocks as described in Section 150.01, Title 14, CCR, from January 1, 1994 to December 31, 1999, as documented by department fish landing receipts submitted in his name and commercial fishing license identification number pursuant to Fish and Game Code Section 8046, and satisfies the landings and participation requirements below: (A) has made at least one landing of nearshore fish stocks as described in Section 150.01, Title 14, CCR, between January 1, 1994 and December 31, 1999, and (B) has made at least one landing of nearshore fish stocks as described in Section 150.01, Title 14, CCR, in either the 2000 or 2001 calendar year. (C) landings of nearshore fish stocks used to qualify must have been made at ports located within the North Coast Region as defined in Section 52.04, Title 14, CCR. (D) Nearshore Fishery Permits issued pursuant to subsection (d)(1) are designated North Coast Region Nearshore Fishery Permits, are transferable, and authorize the holder to take, possess aboard a vessel, or land nearshore fish stocks as described in Section 150.01, Title 14, CCR, in the North Coast Region only. (2) North-Central Coast Region. The person has landed nearshore fish stocks as described in Section 150.01, Title 14, CCR, from January 1, 1994 to December 31, 1999, as documented by department fish landing receipts submitted in his name and commercial fishing license identification number pursuant to Fish and Game Code Section 8046, and has a valid 2002-2003 Nearshore Fishery Permit that has not been suspended or revoked, and satisfies the landing and participation requirements below: (A) has landed at least 500 pounds of nearshore fish stocks as described in Section 150.01, Title 14, CCR, in each of 3 calendar years during the period 1994 to 1999, inclusive. (B) has made at least one landing of nearshore fish stocks as described in Section 150.01, Title 14, CCR, in either the 2000 or 2001 calendar year. (C) landings of nearshore fish stocks used to qualify must have been made at ports located within the North-Central Coast Region as defined in Section 52.04,Title 14, CCR. (D) Nearshore Fishery Permits issued pursuant to subsection (d)(2) are designated North-Central Coast Region Nearshore Fishery Permits, are transferable, and authorize the holder to take, possess aboard a vessel, or land nearshore fish stocks as described in Section 150.01, Title 14, CCR, in the North-Central Coast Region only. (3) South-Central Coast Region. The person has landed nearshore fish stocks as described in Section 150.01, Title 14, CCR, from January 1, 1994 to December 31, 1999, as documented by department fish landing receipts submitted in his name and commercial fishing license identification number pursuant to Fish and Game Code Section 8046, and has a valid 2002-03 Nearshore Fishery Permit that has not been suspended or revoked, and satisfies the landing and participation requirements below: (A) has landed at least 500 pounds of nearshore fish stocks as described in Section 150.01, Title 14, CCR, in each of 3 calendar years during the period 1994 to 1999, inclusive, and which sold for a minimum average ex-vessel price per pound of $2.00 for landings of nearshore fish stocks landed during the most current three calendar years with landings of nearshore fish stocks during the period 1994 to 1999, inclusive. (B) has made at least one landing of nearshore fish stocks as described in Section 150.01, Title 14, CCR, in either the 2000 or 2001 calendar year. (C) landings of nearshore fish stocks used to qualify must have been made at ports located within the South-Central Coast Region. (D) Nearshore Fishery Permits issued pursuant to subsection (d)(3) are designated South-Central Coast Region Nearshore Fishery Permits, are transferable, and authorize the holder to take, possess aboard a vessel, or land nearshore fish stocks as described in Section 150.01, Title 14, CCR, in the South-Central Coast Region only. (4) South Coast Region. The person has landed nearshore fish stocks as described in Section 150.01, Title 14, CCR, from January 1, 1994 to December 31, 1999, as documented by department fish landing receipts submitted in his name and commercial fishing license identification number pursuant to Fish and Game Code Section 8046, and has a valid 2002-2003 Nearshore Fishery Permit that has not been suspended or revoked, and satisfies the landing and participation requirements below: (A) has landed at least 500 pounds of nearshore fish stocks as described in Section 150.01, Title 14, CCR, in each of 3 calendar years during the period 1994 to 1999, inclusive, and which sold for a minimum average ex-vessel price per pound of $2.00 for landings of nearshore fish stocks landed during the most current three calendar years with landings of nearshore fish stocks during the period 1994 to 1999, inclusive. (B) has made at least one landing of nearshore fish stocks as described in Section 150.01, Title 14, CCR, in either the 2000 or 2001 calendar year. (C) landings of nearshore fish stocks used to qualify must have been made at ports located within the South Coast Region as defined in Section 52.04, Title 14, CCR. (D) Nearshore Fishery Permits issued pursuant to subsection (d)(4) are designated South Coast Region Nearshore Fishery Permits, are transferable, and authorize the holder to take, possess aboard a vessel, or land nearshore fish stocks as described in Section 150.01, Title 14, CCR, in the South Coast Region only. (e) Initial Qualification for 20-year California Commercial Fishermen. During the initial year of the nearshore restricted access program, any person who has been licensed as a California commercial fisherman for at least 20 years at the time of application, and who does not qualify for a permit in (d)(1), (2), (3), or (4) above, and who has participated in the commercial nearshore fishery for at least one of those years as documented by department fish landing receipts submitted in his name and commercial fishing license identification number pursuant to Fish and Game Code Section 8046, upon application shall be issued a Non-Transferable Nearshore Fishery Permit for one regional management area, based on the following minimum landing requirements in subsection (e)(1), (2), (3), or (4) below: (1) landed at least 200 pounds of nearshore fish stocks as described in Section 150.01, Title 14, CCR, in any one calendar year between January 1, 1994 and December 31, 1999. (A) landings used to qualify must have been made at ports located within the North Coast Region as defined in Section 52.04, Title 14, CCR. (B) Nearshore Fishery Permits issued pursuant to subsection (e)(1) are designated Non-Transferable North Coast Nearshore Fishery Permits and authorize the holder to take, possess aboard a vessel, or land nearshore fish stocks as described in Section 150.01, Title 14, CCR, in the North Coast Region only. (2) landed at least 650 pounds of nearshore fish stocks as described in Section 150.01, Title 14, CCR, in any one calendar year between January 1, 1994 and December 31, 1999. (A) landings used to qualify must have been made at ports located within the North-Central Coast Region as defined in Section 52.04, Title 14, CCR. (B) Nearshore Fishery Permits issued pursuant to subsection (e)(2) are designated Non-Transferable North-Central Coast Nearshore Fishery Permits and authorize the holder to take, possess aboard a vessel, or land nearshore fish stocks as described in Section 150.01, Title 14, CCR, in the North-Central Coast Region only. (3) landed at least 1,050 pounds of nearshore fish stocks as described in Section 150.01, Title 14, CCR, in any one calendar year between January 1, 1994 and December 31, 1999. (A) landings used to qualify must have been made at ports located within the South-Central Coast Region as defined in Section 52.04, Title 14, CCR. (B) Nearshore Fishery Permits issued pursuant to subsection (e)(3) are designated Non-Transferable South-Central Coast Nearshore Fishery Permits and authorize the holder to take, possess aboard a vessel, or land nearshore fish stocks as described in Section 150.01, Title 14, CCR, in the South-Central Coast Region only. (4) landed at least 800 pounds of nearshore fish stocks as described in Section 150.01, Title 14, CCR, in any one calendar year between January 1, 1994 and December 31, 1999. (A) landings used to qualify must have been made at ports located within the South Coast Region as defined in Section 52.04, Title 14, CCR. (B) Nearshore Fishery Permits issued pursuant to subsection (e)(4) are designated Non-Transferable South Coast Nearshore Fishery Permits and authorize the holder to take, possess aboard a vessel, or land nearshore fish stocks as described in Section 150.01, Title 14, CCR, in the South Coast Region only. (5) A non-transferable Nearshore Fishery Permit shall become null and void upon the death of the permit holder. (f) Capacity Goal. The capacity goal for each nearshore regional management area is as follows: 14 North Coast Region Nearshore Fishery Permits, 9 North-Central Coast Region Nearshore Fishery Permits, 20 South-Central Coast Region Nearshore Fishery Permits, and 18 South Coast Region Nearshore Fishery Permits. The capacity goal for Non-Transferable Nearshore Fishery Permits is zero. (g) Permit Transfers. (1) If the combined total of transferable and non-transferable Nearshore Fishery permits in a regional management area is greater than the capacity goal for that regional management area on or after April 1, 2003, the following provisions for permit transfers are in effect: (A) A Nearshore Fishery Permit issued pursuant to this section may be voluntarily transferred by the permittee, if the transferee (person to whom the permit is to be issued) has never been convicted of a violation of any provision of these regulations or of the Fish and Game Code pertaining to the commercial take of nearshore fish stocks as described in Section 150.01, Title 14, CCR. Until the number of permits in a regional management area equals or falls below the capacity goal for that regional management area, a permit may only be transferred if one additional transferable permit for the same regional management area is surrendered to the department for cancellation at the same time the application for the transfer is submitted to the department. (B) A Nearshore Fishery Permit may be transferred pursuant to this section to a person only if that person holds a commercial fishing license issued pursuant to Fish and Game Code Section 7850 and submits to the department a notarized letter from each of the permittees described in subdivision (A), that each include a statement identifying the person to whom the Nearshore Fishery Permit is to be transferred and setting forth the conditions of the transfer. (C) Application for transfer of a Nearshore Fishery Permit, in the form of a notarized letter, shall be submitted to the department by the transferee. (D) Upon determining that the transferee of the Nearshore Fishery Permit is qualified to receive a Nearshore Fishery Permit and upon payment of all permit and transfer fees, the department shall issue a Nearshore Fishery Permit for that regional management area to the transferee that is valid for the remainder of the then current fishing season. At the time the permit transfer is complete the additional transferable Nearshore Fishery Permit is required to be surrendered by the transferee pursuant to subsection (g)(1)(A). If the transferee holds a Non-Transferable Nearshore Fishery Permit, that permit shall be cancelled. (E) After the transfer of a person's Nearshore Fishery Permit, the former permit holder may not take, possess, transfer, or sell any nearshore fish stocks as described in Section 150.01, Title 14, CCR, for commercial purposes unless otherwise permitted by law. (2) Should the combined total of transferable and non-transferable Nearshore Fishery Permits in a regional management area fall below the capacity goal, the commission may prescribe criteria for the transfer of permits or the issuance of additional permits pursuant to the Administrative Procedure Act following public notice and not less than one public hearing. (3) A transferable Nearshore Fishery Permit issued pursuant to this section may be transferred to the estate of a permittee who has died only for the purpose of transferring the Nearshore Fishery Permit to another person. (A) Such transfer may be considered if the estate makes application, in the form of a notarized letter, for the transfer within one year of the date of death as listed on the death certificate. (B) The estate is responsible for any permit renewal fees under subsection (n) of this Section or Section 150.03, Title 14, CCR. (4) The Nearshore Fishery Permit in the estate of a deceased permittee may be transferred to any person who meets all of the following qualifications: (A) The person, at that time, holds a commercial fishing license issued pursuant to Fish and Game Code Section 7850. (B) The person has never been convicted of a violation of any provision of these regulations or of the Fish and Game Code pertaining to the commercial take of nearshore fish stocks. (C) The transfer of the permit is subject to subsection (g)(1) and (2) above. (5) A Nearshore Fishery Permit in the estate of a deceased permittee that is transferred to an immediate family member (spouse, child, grandchild, parent, or sibling) or to a partner as described in Fish and Game Code Section 8102 is exempt from the requirements in subsection (g)(1) and (2) above. (h) Application Deadline for Initial Issuance of Nearshore Fishery Permit. All applications (FG 1326(1/03), incorporated herein by reference) and permit fees for initial issuance of Nearshore Fishery Permits under the restricted access program must be received by the department, or, if mailed, be postmarked on or before June 30, 2003. Applications and permit fees for initial issuance of Nearshore Fishery Permits under the restricted access program received by the department, or, if mailed, postmarked from July 1 through July 31, 2003 will be assessed a $50 late fee. Applications and permit fees for the initial issuance of Nearshore Fishery Permits under the restricted access program postmarked or received after July 31, 2003 shall be returned to the applicant unissued. (i) Nearshore Fishery Permit Renewal Requirements. Notwithstanding Fish and Game Code Section 8587, after April 1, 2004, Nearshore Fishery Permits for a regional management area will be issued annually by the department only to those persons who have held a valid Nearshore Fishery Permit for that regional management area in the immediately preceding permit year. (j) Application Deadline for Nearshore Fishery Permit Renewal. All applications (FG 1326 (1/05), incorporated herein by reference) and permit fees for renewal of Nearshore Fishery Permits must be received by the department, or, if mailed, postmarked on or before April 30 of each permit year. Applications and permit fees for renewal of Nearshore Fishery Permits received by the department, or, if mailed, postmarked from May 1 through May 31 will be assessed a $50 late fee. Applications and permit fees postmarked or presented after May 31 will not be considered and the Nearshore Fishery Permit applied for shall be cancelled and not available for renewal in subsequent years. (k) Presence of Permit Holder on Vessel. At least one Nearshore Fishery Permit holder shall be on board at all times when taking, possessing aboard a boat, or landing nearshore fish stocks as described in Section 150.01, Title 14, CCR. If a support vessel is used, a permit holder shall be on each vessel when taking nearshore fish stocks. (l) Gear Authorized for Use. Only dip nets (as defined in Section 1.42, Title 14, CCR), hook-and-line gear consistent with restrictions of Section 150.17, Title 14, CCR, and gear authorized for use under a gear endorsement issued pursuant to Section 150.03, Title 14, CCR, shall be used to take, possess aboard a vessel, or land nearshore fish stocks as described in Section 150.01, Title 14, CCR. (m) Appeals. (1) Any applicant who is denied initial issuance of a Nearshore Fishery Permit for any reason may appeal to the department in writing describing the basis for the appeal. The appeal shall be received or, if mailed, postmarked, no later than March 31, 2004. The appeal shall be reviewed and decided by the department. The decision of the department may be appealed in writing to the commission within 60 days of the date of the department's denial. (2) Any applicant who is denied renewal of a Nearshore Fishery Permit for any reason may appeal to the department in writing describing the basis for the appeal. The appeal shall be received or, if mailed, postmarked, not later than March 31 following the permit year in which the applicant last held a valid Nearshore Fishery Permit. The appeal shall be reviewed and decided by the department. The decision of the department may be appealed in writing to the commission within 60 days of the date of the department's denial. (3) Any applicant who is denied transfer of a Nearshore Fishery Permit may appeal to the department in writing describing the basis for the appeal. The appeal shall be reviewed and decided by the department. The decision of the department may be appealed in writing to the commission within 60 days of the date of the department's denial. (n) Fees. Notwithstanding Fish and Game Code Section 8587, the fees for a Nearshore Fishery Permit under the restricted access program shall be as follows: (1) The department shall charge an annual fee for each transferable Nearshore Fishery Permit of $507.50. (2) The department shall charge an annual fee for each Non-Transferable Nearshore Fishery Permit of $507.50. (3) The department shall charge a non-refundable fee of $500 for each permit transfer. If more than one permit is required for the transfer, a total of $500 shall be charged. (o) Revocation of Permits. Any permit may be suspended, revoked, or cancelled by the commission upon conviction of a violation of any provision of these regulations or Fish and Game Code pertaining to the commercial take of nearshore fish stocks as described in Section 150.01, Title 14, CCR, or violation of the terms or conditions of the permit by the holder thereof, his agents, servants, employees or those acting under his direction and control. Note: Authority cited: Sections 713, 1050 and 8587.1, Fish and Game Code. Reference: Sections 1050, 7850, 8043, 8046, 8102, 8587, 8587.1, 8588, 8589.5 and 8589.7, Fish and Game Code. s 150.01. Nearshore Fishery Permit Required. Notwithstanding Section 8587 of the Fish and Game Code, a nearshore fishing permit is required only for the commercial take of the following species of nearshore fish stocks: black-and-yellow rockfish, gopher rockfish, kelp rockfish, California scorpionfish, greenlings of the genus Hexagrammos, China rockfish, grass rockfish, California sheephead, and cabezon. Note: Authority cited: Section 8587.1, Fish and Game Code. Reference: Section 8587, Fish and Game Code. s 150.02. Control Dates for Other Nearshore Species; Permits to Commercially Take Deeper Nearshore Fish Species. (a) Permit Required. Effective April 1, 2003, any person taking, possessing aboard a boat, or landing any species of deeper nearshore fish listed in subsection (b) below for commercial purposes shall possess a valid deeper nearshore species fishery permit issued to that person that has not been suspended or revoked, except that when using a boat to take deeper nearshore species at least one person aboard the boat shall have a valid deeper nearshore species fishery permit. (b) Permit Authorization. Notwithstanding Section 8587 of the Fish and Game Code, a deeper nearshore species fishery permit is required only for the commercial take of the following species of nearshore fish stocks: black rockfish, blue rockfish, brown rockfish, calico rockfish, copper rockfish, olive rockfish, quillback rockfish and treefish. (c) Permit Revocation. Deeper nearshore species fishery permits are revocable. (d) Fees. The fee for a deeper nearshore species fishery permit is $127. (e) Initial Issuance Criteria. Notwithstanding Section 8587 of the Fish and Game Code, a deeper nearshore species fishery permit shall be issued only to persons who have made landings that cumulatively total 200 pounds of any of the eight species for which a deeper nearshore species fishery permit is required pursuant to subsection (b). Landings must have been made in an individual's name and commercial fishing license identification number and submitted on fish landing receipts to the department pursuant to Section 8043, Fish and Game Code, and must have been made from January 1, 1994 through December 31, 1999. Applications (FG 1329(2/03), incorporated herein by reference) for initial issuance must be received by the department, or, if mailed, postmarked on or before September 30, 2003. Applications received by the department or postmarked from October 1, 2003 through October 31, 2003 must be accompanied by a $50 late fee. Applications received by the department or postmarked after October 31, 2003 will be returned to the applicant unissued. (f) Appeal. Any applicant who is denied issuance of a deeper nearshore species fishery permit may appeal the denial to the department in writing describing the basis for the appeal. The appeal shall be received by the department, or, if mailed, postmarked on or before March 31, 2004. The appeal shall be reviewed and decided by the department. The decision of the department may be appealed in writing to the commission within 60 days of the date of the department's decision. (g) Renewal. (1) Applicants seeking renewal of a deeper nearshore species fishery permit must have held a deeper nearshore species fishery permit in the immediately preceding permit year. (2) Applications (FG 1329 (10/04), incorporated herein by reference) and permit fees for renewal of a deeper nearshore species fishery permit must be received by the department, or, if mailed, postmarked on or before April 30 of each permit year. Applications received by the department or postmarked from May 1 through May 31, must be accompanied by a $50 late fee. Applications received by the department or postmarked after May 31 shall be returned to the applicant unissued. (3) Applications for renewal must be accompanied by evidence that the qualification requirements specified in subsection (g)(1) have been met. (h) A control date of December 31, 1999 is established for the purpose of developing a restricted access commercial nearshore fishery for those persons taking nearshore fish stocks not covered under other nearshore control dates or nearshore restricted access programs established in Section 150, Title 14, CCR. Species subject to this control date include only black rockfish, blue rockfish, brown rockfish, calico rockfish, copper rockfish, monkeyface eel, olive rockfish, quillback rockfish and treefish. Landings of these species made after this date may not apply toward qualifying for participation in a future restricted access program for this component of the nearshore fishery. (i) This section does not apply to those nearshore species for which a Nearshore Fishery Permit is required pursuant to Section 150.01. Note: Authority cited: Sections 713, 7071 and 8587.1, Fish and Game Code. Reference: Sections 7071, 7852.2, 7857, 7858, 8585.5 and 8587.1, Fish and Game Code. s 150.03. Nearshore Fishery Gear Endorsement Program. (a) The following regulations govern the qualification, issuance and appeals process of a gear endorsement program for the commercial take of nearshore fish stocks. (b) Nearshore fish stocks are those listed in Section 150.01, Title 14, CCR. (c) Qualifications for Gear Endorsement. A transferable gear endorsement shall be issued upon application only to a person who has a valid 2003-2004 transferable Nearshore Fishery Permit, issued pursuant to Section 150, Title 14, CCR, for a specific regional management area as defined in Section 52.04, Title 14, CCR. A non-transferable gear endorsement shall be issued upon application only to a person who has a valid 2003-2004 non-transferable Nearshore Fishery Permit, issued pursuant to Section 150, Title 14, CCR, for a specific regional management area as defined in Section 52.04, Title 14, CCR. The following qualifying criteria shall be used to determine eligibility for either a transferable or non-transferable trap endorsement: (1) North Coast Region Trap Endorsement. A trap endorsement allows the permittee to use trap gear when taking nearshore fish stocks as described in Section 150.01, Title 14, CCR, in addition to gear authorized under Section 150(l), Title 14, CCR. A trap endorsement shall be attached to the North Coast Region Nearshore Fishery Permit issued to a person who has satisfied the following requirements: (A) has a valid 2002-2003 general trap permit that has not been suspended or revoked, and (B) has landed at least 1,000 pounds of nearshore fish stocks as described in Section 150.01, Title 14, CCR, between January 1, 1994 and October 20, 2000 that were taken with trap gear. (C) landings of nearshore fish stocks as described in Section 150.01, Title 14, CCR, used to qualify must have been made at ports located within the North Coast Region as defined in Section 52.04, Title 14, CCR, as documented by department landing receipts submitted in his name and commercial fishing license identification number pursuant to Fish and Game Code Section 8046. (2) North-Central Coast Region Trap Endorsement. A trap endorsement allows the permittee to use trap gear when taking nearshore fish stocks as described in Section 150.01, Title 14, CCR, in addition to gear authorized under Section 150(l), Title 14, CCR. A trap endorsement shall be attached to the North-Central Coast Region Nearshore Fishery Permit issued to a person who has satisfied the following requirements: (A) has a valid 2002-2003 general trap permit that has not been suspended or revoked, and (B) has landed at least 1,000 pounds of nearshore fish stocks as described in Section 150.01, Title 14, CCR, between January 1, 1994 and October 20, 2000 that were taken with trap gear. (C) landings of nearshore fish stocks as described in Section 150.01, Title 14, CCR, used to qualify must have been made at ports located within the North-Central Coast Region as defined in Section 52.04, Title 14, CCR, as documented by department landing receipts submitted in his name and commercial fishing license identification number pursuant to Fish and Game Code Section 8046. (3) South-Central Coast Region Trap Endorsement. A trap endorsement allows the permittee to use trap gear when taking nearshore fish stocks as described in Section 150.01, Title 14, CCR, in addition to gear authorized under Section 150(l), Title 14, CCR. A trap endorsement shall be attached to the South-Central Coast Region Nearshore Fishery Permit issued to a person who has satisfied the requirements of either (A), or (B) and (C) below: (A) has a valid 2002-2003 finfish trap permit that has not be suspended or revoked, or (B) has a valid 2002-2003 general trap permit that has not been suspended or revoked, and has landed at least 500 pounds of nearshore fish stocks as described in Section 150.01, Title 14, CCR, in each of 3 calendar years during the period January 1, 1994 through October 20, 2000 that were taken with trap gear. (C) landings of nearshore fish stocks as described in Section 150.01, Title 14, CCR, used to qualify must have been made at ports located within the South-Central Coast Region as defined in Section 52.04, Title 14, CCR, as documented by department landing receipts submitted in his name and commercial fishing license identification number pursuant to Fish and Game Code Section 8046. (4) South Coast Region Trap Endorsement. A trap endorsement allows the permittee to use trap gear when taking nearshore fish stocks as described in Section 150.01, Title 14, CCR, in addition to gear authorized under Section 150(l), Title 14, CCR. A trap endorsement shall be attached to the South Coast Region Nearshore Fishery Permit issued to a person who has a valid 2002-2003 finfish trap permit that has not been suspended or revoked. (5) A non-transferable trap endorsement issued under this Section shall become null and void upon the death of the permit holder. (d) Transfer of Nearshore Fishery Permit Gear Endorsements. The transfer of a Nearshore Fishery Permit gear endorsement is subject to the provisions of Section 150(g), Title 14, CCR. Only one Nearshore Fishery Permit gear endorsement is required to transfer the gear endorsement to a new permittee. (e) Application Deadline for Initial Issuance of Nearshore Fishery Permit Gear Endorsements. All applications (FG 1327(1/03), incorporated herein by reference) and permit fees for initial issuance of Nearshore Fishery Permit gear endorsements under the restricted access program must be received by the department, or, if mailed, be postmarked on or before June 30, 2003. Applications and permit fees for initial issuance of Nearshore Fishery Permit gear endorsements under the restricted access program received by the department, or, if mailed, postmarked from July 1 through July 31, 2003 will be assessed a $50 late fee. Applications and permit fees for the initial issuance of Nearshore Fishery Permit gear endorsements under the restricted access program postmarked or received after July 31, 2003 shall be returned to the applicant unissued. (f) Nearshore Fishery Permit Gear Endorsement Renewal Requirements. After April 1, 2004, notwithstanding Fish and Game Code Section 8587, Nearshore Fishery Permit gear endorsements for a regional management area will be renewed annually by the department only to a person who has held a valid Nearshore Fishery Permit gear endorsement for that regional management area in the immediately preceding permit year. (g) Application Deadline for Nearshore Fishery Permit Gear Endorsement Renewal. All applications (FG 1326 (1/05), incorporated herein by reference) and permit fees for renewal of Nearshore Fishery Permit gear endorsements must be received by the department, or, if mailed, postmarked on or before April 30 of each permit year. Applications and permit fees for renewal of Nearshore Fishery Permit gear endorsements received by the department, or, if mailed, postmarked from May 1 through May 31 will be assessed a $50 late fee. Applications and permit fees for Nearshore Fishery Permit gear endorsements postmarked or presented after May 31 will not be considered and the Nearshore Fishery Permit gear endorsement applied for shall be cancelled and not available for renewal in subsequent years. (h) Appeals. (1) Any applicant who is denied initial issuance of a Nearshore Fishery Permit gear endorsement for any reason may appeal to the department in writing describing the basis for the appeal. The appeal shall be received or, if mailed, postmarked, no later than March 31, 2004. The appeal shall be reviewed and decided by the department. The decision of the department may be appealed in writing to the commission within 60 days of the date of the department's denial. (2) Any applicant who is denied renewal of a Nearshore Fishery Permit gear endorsement for any reason may appeal to the department in writing describing the basis for the appeal. The appeal shall be received or, if mailed, postmarked, not later than March 31 following the permit year in which the applicant last held a valid Nearshore Fishery Permit. The appeal shall be reviewed and decided by the department. The decision of the department may be appealed in writing to the commission within 60 days of the date of the department's denial. (3) Any applicant who is denied transfer of a Nearshore Fishery Permit gear endorsement may appeal to the department in writing describing the basis for the appeal. The appeal shall be reviewed and decided by the department. The decision of the department may be appealed in writing to the commission within 60 days of the date of the department's denial. (i) Fees. Notwithstanding Fish and Game Code Section 8587, the fees for a Nearshore Fishery Permit gear endorsement under the restricted access program shall be as follows: (1) The department shall charge an annual fee for each Nearshore Fishery Permit gear endorsement of $76.25. (2) the department shall charge a non-refundable fee of $75 for each gear endorsement transfer. (j) Revocation of Nearshore Fishery Permit Gear Endorsement. Any Nearshore Fishery Permit gear endorsement may be suspended, revoked, or cancelled by the commission upon conviction of a violation of any provision of these regulations or Fish and Game Code pertaining to the commercial take of nearshore fish stocks as described in Section 150.01, Title 14, CCR, or violation of the terms or conditions of the permit by the holder thereof, his agents, servants, employees or those acting under his direction and control. (k) Notwithstanding Fish and Game Code Section 9001.5, a finfish trap permit is not required when taking nearshore fish stocks under the authority of a Nearshore Fishery Permit and trap endorsement issued pursuant to sections 150 and 150.03, Title 14, CCR. A general trap permit, issued pursuant to Fish and Game Code Section 9001, is required when taking nearshore fish stocks under the authority of a Nearshore Fishery Permit and trap endorsement issued pursuant to sections 150 and 150.03, Title 14, CCR. Note: Authority cited: Sections 713, 1050 and 8587.1, Fish and Game Code. Reference: Sections 1050, 8046, 8589.5, 8589.7, 9001 and 9001.5, Fish and Game Code. s 150.04. Control Date for Gear Endorsement Program for Other Nearshore Species. (a) A control date of October 20, 2000 is established for the purpose of developing and implementing a gear endorsement program for the commercial nearshore fishery for nearshore fish stocks not covered under other nearshore control dates or nearshore restricted access programs established in Section 150, Title 14, CCR, or Section 150.03, Title 14, CCR. Species subject to this control date include only black rockfish, blue rockfish, brown rockfish, calico rockfish, copper rockfish, monkeyface eel, olive rockfish, quillback rockfish and treefish. (b) In addition to any other requirements the Commission may adopt, in order to be considered for inclusion in a future gear endorsement program described in subsection (a), a person must have made at least one landing of the nearshore species described in subsection (a). This landing must be in his/her own name and commercial fishing license identification number on or before the control date in subsection (a) using a specified gear type (traps and/or hook and line and/or nets) as documented by a fish landing receipt prepared pursuant to Fish and Game Code Section 8043 and submitted to the department pursuant to Fish and Game Code Section 8046. (c) This section does not apply to those nearshore species for which a Nearshore Fishery Permit is required pursuant to Section 150.01. Note: Authority cited: Sections 7071 and 8587.1, Fish and Game Code. Reference: Sections 7071, 8043, 8046, 8585.5, 8586 and 8587.1, Fish and Game Code. s 150.05. Nearshore Fishery Bycatch Permit Program. (a) A Nearshore Fishery Bycatch Permit authorizing the take, possession aboard a vessel, or landing of nearshore fish stocks as described in Section 150.01, Title 14, CCR, and in the manner and amount described in subsections (b) and (d) below may be issued to a person who meets the following conditions: (1) has a valid 2002-2003 Nearshore Fishery Permit that has not been suspended or revoked. (2) The person is not eligible for a 2003-2004 Nearshore Fishery Permit, or the person is eligible for a 2003-2004 Nearshore Fishery Permit based on landings made with gear not authorized under Section 150 or 150.03, Title 14, CCR, and chooses not to convert to the gear authorized pursuant to Section 150, 150.03 or 150.17, Title 14, CCR. (b) Gear Authorized for Use. Only trawl or entangling nets shall be used to take, possess aboard a vessel, or land nearshore fish stocks as described in Section 150.01, Title 14, CCR, under a Nearshore Fishery Bycatch Permit issued pursuant to this section. (c) Nearshore Fishery Bycatch Permits are non-transferable and the permit becomes null and void upon the death of the permit holder. (d) Trip Limits. (1) Nearshore Fishery Bycatch Permit holders are subject to all state and federal cumulative trip limits pursuant to sections 150.16 and 189, Title 14, CCR. Pursuant to sections 150.06 and 189, Title 14, CCR, no retention of nearshore fish stocks is allowed when the directed nearshore fishery is closed. (2) Notwithstanding, Section 120.3, Title 14, CCR, and Fish and Game Code Section 8496, a person holding a Nearshore Fishery Bycatch Permit may take, possess aboard a vessel, or land nearshore fish stocks as described in Section 150.01, Title 14, CCR, under the following trip limits: (A) North Coast Region. Zero (0) pounds of nearshore fish stocks may be taken per trip. (B) North-Central Coast Region. Zero (0) pounds of nearshore fish stocks may be taken per trip. (C) South-Central Coast Region. Twenty-five (25) pounds of nearshore fish stocks may be taken per trip. (D) South Coast Region. Fifty (50) pounds of nearshore fish stocks may be taken per trip. (e) Application Deadline for Initial Issuance of Nearshore Fishery Bycatch Permits. All applications (FG 1328(1/03), incorporated herein by reference) and permit fees for initial issuance of Nearshore Fishery Bycatch Permits must be received by the department, or, if mailed, be postmarked on or before June 30, 2003. Applications and permit fees for initial issuance of Nearshore Fishery Bycatch Permits under the restricted access program received by the department, or, if mailed, postmarked from July 1 through July 31, 2003 will be assessed a $50 late fee. Applications and permit fees for the initial issuance of Nearshore Fishery Bycatch Permits under the restricted access program postmarked or received after July 31, 2003 shall be returned to the applicant unissued. (f) Nearshore Fishery Bycatch Permit Renewal Requirements. Notwithstanding Fish and Game Code Section 8587, after April 1, 2004, Nearshore Fishery Bycatch Permits will be renewed annually by the department only to a person who has held a valid Nearshore Fishery Bycatch Permit in the immediately preceding permit year. (g) Application Deadline for Nearshore Fishery Bycatch Permit Renewal. All applications (FG 1328 (10/04), incorporated herein by reference) and permit fees for renewal of Nearshore Fishery Bycatch Permits must be received by the department, or, if mailed, postmarked on or before April 30 of each permit year. Applications and permit fees for renewal of Nearshore Fishery Bycatch Permits received by the department, or, if mailed, postmarked from May 1 through May 31 will be assessed a $50 late fee. Applications and permit fees postmarked or presented after May 31 will not be considered and the Nearshore Fishery Bycatch Permit applied for shall be cancelled and not available for renewal in subsequent years. (h) Appeals. (1) Any applicant who is denied initial issuance of a Nearshore Fishery Bycatch Permit for any reason may appeal to the department in writing describing the basis for the appeal. The appeal shall be received or, if mailed, postmarked, no later than March 31, 2004. The appeal shall be reviewed and decided by the department. The decision of the department may be appealed in writing to the commission within 60 days of the date of the department's denial. (2) Any applicant who is denied renewal of a Nearshore Fishery Bycatch Permit for any reason may appeal to the department in writing describing the basis for the appeal. The appeal shall be received or, if mailed, postmarked, not later than March 31 following the permit year in which the applicant last held a valid Nearshore Fishery Bycatch Permit. The appeal shall be reviewed and decided by the department. The decision of the department may be appealed in writing to the commission within 60 days of the date of the department's denial. (i) Fees. The department shall charge an annual fee for each Nearshore Fishery Bycatch Permit of $203. (j) Revocation of Nearshore Fishery Bycatch Permit. Any permit may be suspended, revoked, or cancelled by the commission upon conviction of a violation of any provision of these regulations or Fish and Game Code pertaining to the commercial take of nearshore fish stocks as described in Section 150.01, Title 14, CCR, or violation of the terms or conditions of the permit by the holder thereof, his agents, servants, employees or those acting under his direction and control. Note: Authority cited: Sections 713, 1050 and 8587.1, Fish and Game Code. Reference: Sections 1050, 7850, 8496, 8587 and 8587.1, Fish and Game Code. s 150.06. Management Areas Defined; Closure Periods Defined. (a) Cowcod closure areas means both Area 1 and Area 2: Area 1, also termed the western cowcod conservation area adopted as federal groundfish regulations, is an area south of Point Conception bound by straight lines connecting the following points in the order listed: 33 ° 50' N. lat., 119 ° 30' W. long.; 33 ° 50' N. lat., 118 ° 50' W. long.; 32 ° 20' N. lat., 118 ° 50' W. long.; 32 ° 20' N. lat., 119 ° 37' W. long.; 33 ° 00' N. lat., 119 ° 37' W. long.; 33 ° 00' N. lat., 119 ° 53' W. long.; 33 ° 33' N. lat., 119 ° 53' W. long.; 33 ° 33' N. lat., 119 ° 30' W. long.; 33 ° 50' N. lat., 119 ° 30' W. long.; The transit corridor through the cowcod closure Area 1 is bounded on the north by the latitude line at 33 ° 00'30" N. lat., and on the south by the latitude line at 32 ° 59'30" N. lat., and Area 2, also termed the eastern cowcod conservation area adopted as federal groundfish regulations, that is a smaller area west of San Diego bound by straight lines connecting the following points in the order listed: 32 ° 42' N. lat., 118 ° 02' W. long.; 32 ° 42' N. lat., 117 ° 50' W. long.; 32 ° 36'42" N. lat., 117 ° 50' W. long.; 32 ° 30' N. lat., 117 ° 53'30" W. long.; 32 ° 30' N. lat., 118 ° 02' W. long.; 32 ° 42' N. lat., 118 ° 02' W. long.; (b) Seasonal closure periods and in-season closures enacted due to quota attainment for commercial rockfish, a subgroup of rockfish, lingcod or California scorpionfish noticed in the Federal Register by the National Marine Fisheries Service shall apply in state waters within the geographic boundary areas defined in Title 50, Code of Federal Regulations (CFR), Parts 600 and 660. See also Section 189, Title 14, California Code of Regulations for additional explanation regarding fishing for federal groundfish in state waters. (c) Seasonal closures for commercial sheephead, cabezon, and greenlings of the genus Hexagrammos: (1) For ocean waters between 42 ° 00' N. lat. (the Oregon/California border) and 40 ° 10' N. lat. (near Cape Mendocino, Humboldt County), closed time periods for sheephead, cabezon, and greenlings of the genus Hexagrammos shall be defined as the time periods closed to commercial take of shallow and deeper nearshore rockfishes for ocean waters between 40 ° 10' N. lat. (near Cape Mendocino) and 34 ° 27' N. lat. (at Point Conception, Santa Barbara County), noticed in the Federal Register by the National Marine Fisheries Service, or defined in Title 50, Code of Federal Regulations (CFR), Parts 600 and 660. Time periods closed to the commercial take of shallow or deeper nearshore rockfish fisheries enacted in-season due to quota attainment do not apply. (2) For ocean waters between 40 ° 10' N. lat. (near Cape Mendocino) and 34 ° 27' N. lat. (at Point Conception, Santa Barbara County), closed time periods for sheephead, cabezon, and greenlings of the genus Hexagrammos shall be defined as the time periods closed to commercial take of shallow and deeper nearshore rockfishes in this area noticed in the Federal Register by the National Marine Fisheries Service, or defined in Title 50, Code of Federal Regulations (CFR), Parts 600 and 660. Time periods closed to the commercial take of shallow or deeper nearshore rockfish fisheries enacted in-season due to quota attainment do not apply. (3) For ocean waters between 34 ° 27' N. lat. (at Point Conception, Santa Barbara County) and the U.S./Mexico border, closed time periods for sheephead, cabezon, and greenlings of the genus Hexagrammos shall be defined as the time periods closed to commercial take of shallow and deeper nearshore rockfishes in this area noticed in the Federal Register by the National Marine Fisheries Service, or defined in Title 50, Code of Federal Regulations (CFR), Parts 600 and 660. Time periods closed to the commercial take of shallow or deeper nearshore rockfish fisheries enacted in-season due to quota attainment do not apply. Note: Authority cited: Sections 7071, 7652 and 8587.1, Fish and Game Code. Reference: Sections 7071, 7652, 8585.5 and 8587.1, Fish and Game Code. s 150.16. Commercial Take of Nearshore Fishes. (a) Notwithstanding Section 8588(b) of the Fish and Game Code, minimum size limits (total length) are as follows: (1) black-and-yellow rockfish (Sebastes chrysomelas) 10 in. (2) cabezon (Scorpaenichthys marmoratus) 15 in. (3) California scorpionfish or sculpin (Scorpaena guttata) 10 in. (4) California sheephead (Semicossyphus pulcher) 13 in. (5) China rockfish (Sebastes nebulosus) 12 in. (6) gopher rockfish (Sebastes carnatus) 10 in. (7) grass rockfish(Sebastes rastrelliger) 12 in. (8) greenlings of the genus Hexagrammos (Hexagrammos spp.) 12 in. (9) kelp rockfish (Sebastes atrovirens) 10 in. (b) Species of nearshore fish stocks as defined in Section 1.90, Title 14, CCR, must be sorted by species prior to weighing and the weight reported separately on the Fish and Game receipt. (c) Any nearshore fish listed under this section that are taken in a nearshore fishery shall be measured immediately upon being brought aboard the vessel and released immediately if not in compliance with the size limits specified. (d) Regulations adopted to modify the minimum size limits or to specify maximum size limits shall be based on the best available scientific information and adopted pursuant to the Administrative Procedure Act following public notice and not less than one public hearing. (e) Cumulative trip limits for sheephead, cabezon, greenlings of the genus Hexagrammos, California scorpionfish, and subgroups of rockfish. (1) A cumulative trip limit is the total number of pounds of a species or a species group that may be taken and retained, possessed, or landed by an individual commercial licensee in a cumulative trip limit period without a limit on the number of landings or trips. (2) Cumulative trip limit periods start at 0001 hours local time, end at 2400 hours local time, and are in two month periods as follows: (A) January 1 through the last day of February, (B) March 1-April 30, (C) May 1-June 30, (D) July 1-August 31, (E) September 1-October 31, (F) November 1-December 31. (3) Landings toward a cumulative trip limit value for a defined cumulative trip limit period provided in this subsection are summed by an individual's California commercial license number listed on fish receipts submitted to the department pursuant to Section 8043, Fish and Game Code. (4) Any person landing species for which there is a cumulative trip limit established pursuant to this Section shall keep in their immediate possession copies of any and all reports of landings required by state laws or regulations throughout the cumulative limit period during which a landing occurred and for 15 days thereafter. (5) Cumulative trip limit values noticed in the Federal Register by the National Marine Fisheries Service for the cumulative trip limit periods for shallow nearshore rockfish, deeper nearshore rockfish, and California scorpionfish apply to each individual California commercial licensee in addition to the federally-defined vessel-based limits. Landings are summed by an individual's California commercial license number listed on fish receipts submitted to the department pursuant to Section 8043, Fish and Game Code. (6) Cumulative trip limits for sheephead, cabezon and greenlings. (A) The cumulative trip limit per individual per two-month limit period when fishing is allowed pursuant to Section 150.06, Title 14, CCR, is as follows: Sheephead Cabezon Greenlings January-February 2,000 pounds 300 pounds 25 pounds March-April 2,000 pounds 100 pounds 25 pounds May-June 2,400 pounds 250 pounds 25 pounds July-August 2,400 pounds 150 pounds 25 pounds September-October 2,400 pounds 900 pounds 25 pounds November-December 2,400 pounds 100 pounds 25 pounds (B) The department will evaluate year-to-date catch levels against total allowable catch limits defined in Section 52.10. Based on these data, when the department determines that cumulative trip limits defined in this Section need significant adjustment upward or downward (by 50 percent or more) in order to spread the allowable catches through the open season to the extent possible and prevent early attainment of the annual total allowable commercial catch, the cumulative trip limits defined in this Section may become inoperative and may be replaced with alternative limits as determined by the department. The department may perform these in-season analyses between May and September of each year; and provide notification of changes by October 15 of each year, as described in subsection (e)(6)(C). (C) The department shall give holders of nearshore fishery permits no less than 10 days notice of any cumulative trip limit change pursuant to this Section via a notification letter sent to the permittee's address on file with the department. (D) When optimum yields, allocations, total allowable catches or other catch limits defined in Section 52.10 are reached, and action to close the fishery is taken pursuant to Section 52.10 subsection (b), cumulative trip limits defined in this Section become inoperative. (f) All other trip limits (including daily, weekly and cumulative trip limits) established for commercial rockfish, a subgroup of rockfish, or California scorpionfish noticed in the Federal Register by the National Marine Fisheries Service shall apply in state waters within the geographic boundary areas defined in Title 50, Code of Federal Regulations (CFR), Parts 600 and 660. See also Section 189, Title 14, California Code of Regulations for additional requirements regarding fishing for federal groundfish in state waters. Note: Authority cited: Sections 240, 7071, 8587.1 and 8588, Fish and Game Code. Reference: Sections 240, 8585.5, 8587.1 and 8588, Fish and Game Code. s 150.17. Limitations on Number of Hooks and Area. Excepting the provisions of Fish and Game Code subsection 9027.5(c), it is unlawful to use more than 150 hooks on a vessel, or to use more than 15 hooks per line, to take nearshore fish stocks for commercial purposes in ocean waters within one mile of shore within Fish and Game Districts 6, 7, and 10, or in ocean waters within one mile of the mainland shore in Fish and Game Districts 17, 18, and 19. Note: Authority cited: Sections 7071 and 8587.1, Fish and Game Code. Reference: Sections 7050, 7051, 7055, 7060, 8585.5 and 9027.5, Fish and Game Code. s 155. White Seabass, Commercial Take. (a) Notwithstanding Fish and Game Code Section 8383, white seabass may not be taken for commercial purposes between March 15 and June 15, inclusive, between the United States-Mexico International Boundary and a line extending due west (true) from Point Conception, except that one white seabass not less than 28 inches in total length may be taken, possessed, and sold by a vessel each day if taken incidental to gill and trammel net fishing operations conducted under authority of a permit issued pursuant to Fish and Game Code Section 8681. Any fish so taken shall not be transferred to any other vessel. (b) The restrictions in this section shall not apply to white seabass taken in waters lying south of the International Boundary Line between the United States and Mexico extended westerly into the Pacific Ocean. A current fishing permit issued by the Mexican Government is evidence that white seabass were taken south of the international boundary. Note: Authority cited: Section 7071, Fish and Game Code. Reference: Section 7071, Fish and Game Code. s 155.01. White Seabass Commercial Size Limit: It is unlawful to take, possess, sell, or purchase any white sea bass less than 28 inches in length, measured from the tip of the lower jaw to the end of the longer lobe of the tail. Note: Authority cited: Sections 7071 and 7078, Fish and Game Code. Reference: Sections 7071, 7075, 7082 and 7083, Fish and Game Code. s 155.05. Use of Purse Seine and Roundhaul Nets and Delivery to California Ports. (a) It is unlawful to use any purse seine or round haul net to take white seabass in waters off California. (b) It is unlawful to possess any white seabass, except those taken south of the International Boundary Line between the United States and Mexico, and imported into the state pursuant to authority of subsections (c) and (d), on any boat carrying or using any purse seine or round haul net, including, but not limited to, a bait net defined pursuant to subsection 50.01(b), Title 14, CCR. (c) White seabass taken in waters south of the International Boundary Line between the United States and Mexico, extended westerly in the Pacific Ocean, may be delivered to California ports aboard boats, including boats carrying purse seine or roundhaul nets in accordance with subsection (d) governing the inspection and marking of such fish imported into this State. The cost of such inspection and marking shall be paid by the importer. (d) No person, firm, or corporation shall deliver, accept, or unload any white seabass from any vessel carrying a purse seine or roundhaul net until the Fish and Game Patrol office nearest the point of delivery shall have issued a written inspection clearance to the master or operator of such vessel, or his agent, permitting said delivery. Such clearances shall be issued upon presentation of evidence satisfactory to the Department of Fish and Game of the fact that such fish was taken south of the International Boundary Line between the United States and Mexico. (e) Notwithstanding the provisions of this section, the department may issue permits to hook-and-line commercial fishermen to possess a bona fide bait net on their vessels for the purpose of taking bait for their own use only. Note: Authority cited: Sections 7071 and 7083, Fish and Game Code. Reference: Sections 2362, 7071, 7075, 7082, 7083 and 8623 Fish and Game Code. s 155.10. Gill Net Mesh Size, Closed Season, Possession of Thresher and Shortfin Mako. (a) Gill nets with meshes of a minimum length of six inches may be used to take white seabass. However, during the period from June 16 to March 14, inclusive, not more than 20 percent by number of a load of fish may be white seabass 28 inches or more in total length, up to a maximum of 10 white seabass per load, if taken in gill nets with meshes from 3 1/2 to 6 inches in length. (b) In accordance with Fish and Game Code Section 8576, during the period from February 1 to August 14, inclusive, not more than two thresher sharks and two shortfin mako sharks may be possessed and sold if taken incidentally in drift gill nets while fishing for white seabass and if at least five white seabass are possessed and landed at the same time as the incidentally taken thresher or shortfin mako shark. Note: Authority cited: Sections 7071 and 7083, Fish and Game Code. Reference: Sections 7071, 7075, 7082, 7083, 8576 and 8623, Fish and Game Code. s 156. Sardines, Limit of Catch for Reduction Purposes. Note: Authority cited: Section 1068, Fish and Game Code. Current authority: Sections 8075-8080, Fish and Game Code. s 157. Importation of Sardines for Bait. All persons importing sardines for bait must send a copy of the incoming foreign manifest or bill of lading to the Department of Fish and Game, 245 W. Broadway, Long Beach, California 90802. The foreign manifest or bill of lading must show the country of origin of the sardines and the weight of the shipment. The importer shall also advise the above office of the location where the imported sardines will be stored. Each sale of sardines to other than the actual consumer must be reported to the department. The report must show the name and address of the consignee and consignor and the date and weight of the shipment. A copy of the foreign manifest or bill of lading, together with a notice of location of sardine storage, and a report of each subsequent sale of the sardines, must be sent to the department at the above address within 48 hours of the transaction. Imported sardines sold at retail must be delivered to the consumer in packages or containers showing the name of the dealer, the weight of the contents of each package or container, the country of origin, and a statement that the sardines were legally imported for sale as bait. Note: Authority cited: Section 8150.5, Fish and Game Code. s 158. Sardines. (a) Pursuant to Section 190 of these regulations, a permittee taking sardines for bait under the provisions of Fish and Game Code Section 8152 shall complete and submit a record of daily fishing activity on a form (Live Bait Log, DFG 158 (10/89), see Appendix A) provided by the Department. (b) The fee for a Sardine Permit issued pursuant to Section 8150.7 of the Fish and Game Code and for a Sardine Live-Bait Permit issued pursuant to Section 8152 of the Fish and Game Code shall be the same as the permit fee authorized by Section 699, Title 14, CCR. Note: Authority cited: Sections 1050, 8026 and 8152, Fish and Game Code. Reference: Sections 1050, 8026, 8150.7 and 8152, Fish and Game Code. s 159. Commercial Fishing for Coastal Pelagic Species. (a) General provisions. No person shall engage in commercial fishing for coastal pelagic species (CPS) except as provided by the Fish and Game Code and regulations provided herein. Applicable regulations adopted by the U.S. Secretary of Commerce pursuant to the Magnuson Fishery Conservation and Management Act and published in Title 50, Code of Federal Regulations (CFR), Parts 600 and 660 are hereby incorporated and made a part of these regulations. Federal regulations shall be made available upon request from the Department of Fish and Game, Marine Region, 1416 Ninth Street, Box 944209, Sacramento, CA 94244-2090, phone number 916-653-6281. (b) General Definitions. For purposes of these regulations, the following definitions shall apply: (1) Actively managed species (AMS). Those CPS for which the Secretary has determined that harvest guidelines or quotas are needed by Federal management according to the provision of the federal CPS Fishery Management Plan. (2) Advisory Subpanel (AP). The Coastal Pelagic Species Advisory Subpanel that comprises members of the fishing industry and public appointed by the Council to review proposed actions for managing the coastal pelagic fisheries. (3) Biomass. The estimated amount, by weight, of a coastal pelagic species population. The term biomass means total biomass (age 1 and above) unless stated otherwise. (4) Closure. Taking and retaining, possessing, or landing the particular species or species group is prohibited. Unless otherwise announced in the Federal Register, offloading must begin before the time the fishery closes. (5) Coastal pelagic species (CPS). Includes northern anchovy ( Engraulis mordax), Pacific mackerel ( Scomber japonicus), Pacific sardine ( Sardinops sagax), jack mackerel ( Trachurus symmetricus), and market squid ( Loligo opalescens). (6) Coastal Pelagic Species Management Team (CPSMT). The individuals appointed by the Council to review, analyze, and develop management measures for the CPS fishery. (7) Council. The Pacific Fishery Management Council, including its CPSMT, AP, Scientific and Statistical Committee (SSC), and any other committee established by the Council. (8) Federally Designated Routine Management Measures. Routine Management Measures, identified as catch restrictions intended to keep landings within the harvest levels announced by the Secretary of Commerce and noticed in the Federal Register by the National Marine Fisheries Service, are hereby incorporated and made a part of these regulations. Should any federal management measures conflict with existing statutes, including Fish and Game Code Sections 8496 and 8842(b), or regulations of the commission, the provisions in the statutes or regulations which conflict with the federal management measures are made inoperative. (9) Finfish. Includes northern anchovy, Pacific mackerel, Pacific sardine, and jack mackerel, but excludes market squid. (10) Fishery Management Area. The EEZ off the coasts of Washington, Oregon, and California between 3 and 200 nautical miles offshore, bounded in the north by the Provisional International Boundary between the United States and Canada, and bounded in the south by the International Boundary between the United States and Mexico. (11) Fishing trip. A period of time between landings when fishing is conducted. (12) Harvest guideline. A specified numerical harvest objective that is not a quota. Attainment of a harvest guideline does not require complete closure of a fishery. (13) Harvesting vessel. A vessel involved in the attempt or actual catching, taking or harvesting of fish, or any activity that can reasonably be expected to result in the catching, taking or harvesting of fish. (14) Land or Landing. To begin transfer of fish from a fishing vessel. Once transfer begins all fish onboard the vessel are counted as part of the landing. (15) Limited entry fishery. The commercial fishery consisting of vessels fishing for CPS in the CPS Management Zone under limited entry permits issued under s 660.512. (16) Live bait fishery. Fishing for CPS for use as live bait in other fisheries. (17) Monitored species (MS). Those CPS the Secretary has determined not to need management by harvest guidelines or quotas according to the provisions of the FMP. (18) Nonreduction fishery. Fishing for CPS for use as dead bait or for processing for direct human consumption. (19) Owner. A person who is identified as the current owner in the Certificate of Documentation (CG-1270) issued by the U.S. Coast Guard for a documented vessel, or in a registration certificate issued by a state or the U.S. Coast Guard for an undocumented vessel. (20) Person. Any individual, corporation, partnership, association or other entity (whether or not organized or existing under the laws of any state), and any Federal, state, or local government, or any entity of any such government that is eligible to own a documented vessel under the terms of 46 U.S.C. 12102(a). (21) Processing or to process. Preparing or packaging coastal pelagic species to render the fish suitable for human consumption, pet food, industrial uses or long-term storage, including, but not limited to, cooking, canning, smoking, salting, drying, filleting, freezing, or rendering into meal or oil, but does not mean heading and gutting unless there is additional preparation. (22) Prohibited Species. All species of trout and salmon ( Salmonidae) and Pacific Halibut ( Hippoglossus stenolepis). (23) Quota. A specified numerical harvest objective for a single species of CPS, the attainment (or expected attainment) of which causes the complete closure of the fishery for that species. (24) Reduction fishery. Fishing for CPS for the purposes of conversion into fish flour, fish meal, fish scrap, fertilizer, fish oil, other fishery products, or byproducts for purposes other than direct human consumption. (25) Regional Administrator. The Regional Administrator, Southwest Region, NMFS, 501 W. Ocean Boulevard, Suite 4200, Long Beach, CA 90802-4213, or a designee. (26) Reserve. A portion of the harvest guideline or quota set aside at the beginning of the year for specific purposes, such as for individual harvesting groups to ensure equitable distribution of the resource or to allow for uncertainties in preseason estimates of DAP and JVP. (27) Secretary. The Federal Secretary of Commerce. (28) Sustainable Fisheries Division (SFD). The Assistant Regional Administrator for Sustainable Fisheries, Southwest Region, NMFS, or a designee. (29) Totally lost. The vessel being replaced no longer exists in specie, or is absolutely and irretrievably sunk or otherwise beyond the possible control of the owner, or the costs of repair (including recovery) would exceed the repaired value of the vessel. (30) Trip limit. The total allowable amount of a CPS species by weight or by percentage of weight of fish on board the vessel that may be taken and retained, possessed, or landed from a single fishing trip by a vessel that harvests CPS. Note: Authority cited: Section 7652, Fish and Game Code. Reference: Sections 7650-7653, 8150.7 and 8411, Fish and Game Code. s 163. Harvest of Herring. Herring may be taken for commercial purposes only in those areas and by those methods specified in subsections (f)(1) and (f)(2) of this section under a revocable permit issued to an individual on a specified fishing vessel by the department. Transfer of permits from one boat to another may be authorized by the department upon written request by the permittee, accompanied by a copy of the current commercial boat registration of the new vessel. The fee for any approved transfer or substitution of a permit pursuant to paragraph one shall be $50 for any request received by the department after the issuance date of November 15. The $50 transfer fee must be received in the department's San Francisco Bay Area Marine Region office no later than five working days after written approval of any boat transfer or permittee substitution. Any permittee denied a transfer pursuant to paragraph one of this section may request a hearing before the commission to show cause why his request should not be denied. Permittees shall have their permit in their possession (including the attachment of any changes approved by the department after the permit is issued) and shall be aboard the vessel named on their permit at all times during herring fishing operations, except that the department may authorize a permittee to have a crew member temporarily serve in his or her place aboard the vessel during a season. Requests for temporary permittee substitution must be submitted in writing by the permittee, accompanied by a copy of the temporary substitute's current California commercial fishing license. Two permits may be jointly fished on a single vessel upon approval of a written request by both permittees to the department. A permittee may simultaneously fish his or her own permit and a permit temporarily transferred to him or her on a single vessel within the same fishing group. A permittee serving as a temporary substitute on a permit while simultaneously fishing his or her own permit on a single vessel in the same fishing group shall incur the same penalties on his/her permit for all violations as those incurred against the permit for which he/she is serving as temporary substitute as prescribed in these regulations and in Section 163.5, Title 14, CCR. A person may not serve as a temporary substitute on more than one permit simultaneously on a single vessel in the same fishing group. Any request received by the department from November 1 to November 15 to transfer boats or substitute a permit or to simultaneously fish two permits on a single vessel shall be processed for approval by the department after the issuance date of November 15. (a) Qualifications of Permittee. To obtain a permit to take herring a person shall: (1) Be a currently licensed California commercial fisherman. When a permit is held in partnership (pursuant to the provisions of Section 8552.6 of the Fish and Game Code), both partners must be currently licensed California commercial fishermen. (2) Have been a permittee during the previous herring season. (3) Qualify for an odd- or even-numbered permit as specified in subsection (c)(1)(B). (4) Qualify for a "DH" gill net permit as specified in subsection (c)(1)(C). (5) Have submitted lists of crewmembers assisting in fishing operations as specified in subsections (e)(2) of these regulations, release of property forms and payment for all herring landed in excess of an established individual permit quota as specified in subsection (e)(5) of these regulations, and all fees from prior seasons. (6) Any person denied a permit under these regulations may request a hearing before the commission to show cause why his or her permit should not be denied. Applicants disqualified under subsections (c)(1)(B) or (c)(1)(C) will be granted a hearing if the number of points claimed would have placed them in the point category from which new permits will be issued. (b) Permit Applications. Each applicant for a herring permit shall: (1) Completely fill out and submit the required department application form (available at the department's San Francisco Bay Area Marine Region or Eureka office). No person shall submit more than one application per season. Applications shall include the filing fee, as specified in section 8550.5 of the Fish and Game Code, and copies of the current California certificate of boat registration and commercial fishing license of the applicant. (2) Permittees will be issued permits for the same area and gear type they held during the previous season. In San Francisco Bay, round haul permittees who transferred gear type to gill net were designated as CH-(600-642)-SF permittees. For every conversion of gear type to gill net by a round haul permittee, the amount of herring allocated to each round haul permittee was transferred from the round haul quota to the gill net quota. For each round haul permit converted prior to October 6, 1995, fishing with gill net gear is authorized in two of the following fishing periods: odd-numbered permits, even-numbered permits, or December herring ( "DH") permits. The permitholder of a converted round haul ( "CH") permit is permanently assigned to the two fishing groups ( "DH", odd-, or even-numbered permit) he or she designated. For every conversion of gear type to gill net by a round haul permittee after October 6, 1995 but before October 2, 1998, the permit is permanently in the two fishing groups ( "DH", odd-, or even-numbered permit) assigned by the department. All remaining round haul permits as of October 3, 1998 were converted to gill net permits and assigned to a single gill net group. Upon transfer, the department assigned each converted "CH" permit to a single gill net group ( "DH", odd numbered, or even-numbered permit) as designated by the permitholder. A round haul herring permit, held in partnership prior to November 3, 1994 and subsequently converted to a "CH" permit prior to October 2, 1998, is not subject to assignment to a single gill net group upon transfer to one of the partners. (3) Submit the required application form for Humboldt, Tomales or San Francisco bays, or Crescent City in time for it to be received at the department's San Francisco Bay Area Marine Region office, prior to 5:00 p.m. on the first Friday of October. Any application received or postmarked after the above deadline will not be eligible for consideration for the current California herring season. (4) Subsections (a)(2) and (b) do not apply to permits issued for taking herring in ocean waters or to fresh fish market permits. (c) Permits. (1) Permits to take herring for roe purposes will be issued by the department beginning November 15. Permits will be sent by certified mail, return receipt requested, to the permittees. Not more than three permits shall be issued for Crescent City and not more than four permits shall be issued for Humboldt Bay. No new round haul permits shall be issued for San Francisco Bay. No new gill net permits shall be issued for the Tomales Bay permit area until the maximum number of permits is less than 35. No new odd- or even-numbered gill net permits shall be issued for San Francisco Bay until the maximum number of permits is less than 232. No new "DH" permits shall be issued until the maximum number of permits is less than 116. The permittee shall be responsible for all crew members acting under his or her direction or control to assure compliance with all Fish and Game regulations as provided in this section, or in the Fish and Game Code, relating to herring. (A) The total number of gill net permits issued to individuals not qualifying under subsection (a)(2) shall be the difference in number of permittees meeting such qualifications and the total number of gill net permits authorized by the commission in subsection (c)(1). (B) Individuals not qualifying under subsection (a)(2) will be eligible to apply for any available odd- or even-numbered gill net permits provided they are a currently licensed California commercial fisherman. (C) Individuals not qualifying and receiving permits under subsections (a)(2) or (c)(1)(B) will be eligible to apply for any available "DH" gill net permits provided they are a currently licensed California commercial fisherman. (D) In the event that the number of eligible applicants qualifying under subsections (c)(1)(B) or (c)(1)(C) exceeds the available permits, a lottery shall be held. Preferential status in the lottery will be given under the following conditions: 1. One point (maximum of ten) for each year an applicant has held a valid California commercial fishing license in the previous twelve years (prior to the current license year). A point shall be granted only if the applicant's name appears on the department's master file of commercial licensees or if the applicant presents a valid commercial fishing license or verifiable receipt for the year claimed. 2. Five points for one year of service as a paid crewmember in the herring fishery, three points for a second year of service as a paid crewmember, and two points for a third year as a paid crewmember, beginning with the 1978-79 herring fishing season, not to exceed a maximum of 10 points. 3. Preference points awarded for participation in the herring fishery shall only be granted if the applicant's name has been filed with the department pursuant to subsection (e)(2) of these regulations, and is supported by documentation demonstrating proof of payment for service on a crew in the California herring roe fishery as specified in section 8559 of the Fish and Game Code. 4. Permits will be issued predicated on the total number of points accrued by an applicant, beginning with those applicants who accrue the maximum number of points and working in descending order from this maximum. A drawing will be held to allocate the remaining permits when the permits available are exceeded by the number of applicants in a particular point category. (E) Preferential status points will not be given for participation on vessels with permits specified in subsections (c)(2) and (c)(3) of this section. (2) Fresh Fish Market. Ten permits will be issued to take herring for the fresh fish market in San Francisco Bay and five in Tomales Bay. See subsection 699(b) of these regulations for the fee for this permit. However, no permittee may take or possess herring except in the amount specified on a current daily market order, not to exceed 500 pounds, from a licensed fish dealer. Fresh fish market permits will be issued beginning November 1 at the department's San Francisco Bay Area Marine Region office. In the event there are more applicants than the specified number of available fresh fish permits, a lottery will be held to determine the permittees. Applicants may apply for only one bay. Fresh fish market permits shall be in force from November 2 through November 15 and April 1 through October 31. (3) Ocean Waters. Permits to take herring in ocean waters will be issued by the department at its offices in Monterey, the San Francisco Bay area and Eureka. See subsection 699(b) of these regulations for the fee for this permit. Herring taken under the authority of subsections (c)(2) and (c)(3) may not be sold for roe purposes. (d) Vessel Identification. The master of any boat engaged in taking herring under these regulations shall at all times while operating such boat, identify it by displaying on an exposed part of the superstructure, amidship, on each side and on top of the house visible from the air, the herring permit number of that vessel in 14-inch high, 2-inch wide black Roman alphabet letters and Arabic numerals painted on a white background permanently fixed to each side of the vessel. (e) Monitoring of Herring. (1) Herring taken for roe purposes may only be delivered to a person licensed pursuant to subsection (j) of these regulations. (2) Within four weeks of the date an individual quota is reached, or within four weeks of the end of the season, the permittee shall submit to the department's San Francisco Bay Area Marine Region office a list of crewmembers assisting in fishing operations during the current herring season. The list shall include the full name and California commercial fishing license number of each crewmember. Gill net permittees shall notify the department's San Francisco Bay Area Marine Region office within 24 hours if they terminate fishing operations for the season prior to the overall quota being taken. (3) The department will estimate from the current trend of individual boat catches the time at which the herring season catch will reach any quota permitted under these regulations and will publicly announce that time on VHF/Channel 16. It shall be the responsibility of all permittees to monitor this radio channel at all times. Any announcement made by the department on VHF/Channel 16 shall constitute official notice. All fishing gear must be removed from the water by the announced time terminating fishing operations. The department may announce a temporary closure for the gill net fishery in order to get an accurate tally of landings and to allow all boats to unload. If the fishery is reopened, permittees may be placed on allotted tonnages to preclude exceeding a quota and, if necessary, additional time may be granted to reach the quotas. (4) It is unlawful to transfer herring or herring nets from one permittee to another or from one boat to another, or from one gear type to another except that, nonmotorized lighters may be used, provided they do not carry aboard any gear capable of taking herring, including net reels, and that the catches of not more than one permittee are aboard the lighters at any time. Permit vessels shall not serve as lighters for other permit boats. In San Francisco Bay a permittee and his/her gear must stay together when delivering fish to market. Except as specified in subsection (e)(6) of these regulations, all fish taken by gill nets shall be retained and landed. Gill net permit vessels may not be used to assist in herring fishing operations during their off-week. (5) All herring landed in excess of any established permit quota shall be forfeited to the department by the signing of a Release of Property form (FG-MR-674 (Rev. 5/02)), which is incorporated by reference herein. Such fish shall be sold or disposed of in a manner determined by the department. The proceeds from all such sales shall be paid into the Fish and Game Preservation Fund. (6) Sturgeon, halibut, salmon, steelhead and striped bass may not be taken by or possessed on any vessel operating under the authority of these regulations. All sturgeon, halibut, salmon, steelhead and striped bass shall be returned immediately to the water. (f) Methods of Take. (1) For purposes of this section regarding harvest of herring: San Francisco Bay is defined as the waters of Fish and Game districts 12 and 13 and that portion of district 11 lying south of a direct line extending westerly from Peninsula Point, the most southerly extremity of Belvedere Island (37 degrees 51 minutes 43 seconds N, 122 degrees 27 minutes 28 seconds W), to the easternmost point of the Sausalito ferry dock (37 degrees 51 minutes 30 seconds N, 122 degrees 28 minutes 40 seconds W); Tomales Bay is defined as the waters of district 10 lying south of a line drawn west, 252 degrees magnetic, from the western tip of Tom's Point (38 degrees 12 minutes 53 seconds N, 122 degrees 57 minutes 11 seconds W) to the opposite shore (38 degrees 12 minutes 44 seconds N, 122 degrees 57 minutes 42 seconds W); ocean waters are limited to the waters of districts 6 (excluding the Crescent City area), 7, 10 (excluding Tomales Bay), 16 and 17 (except as specified in subsection (h)(6) of these regulations); Humboldt Bay is defined as the waters of districts 8 and 9; Crescent City area is defined as Crescent City Harbor and that area of the waters of district 6 less than 20 fathoms in depth between two nautical measure lines drawn due east and west true from Point Saint George (41 degrees, 47 minutes, 07 seconds N, 124 degrees, 15 minutes, 16 seconds W) and Sister Rocks (41 degrees, 39 minutes, 31 seconds N, 124 degrees 08 minutes 43 seconds W). (2) The use of round haul nets to take herring for roe purposes is prohibited. The use of round haul nets to take herring is prohibited except in ocean waters (as defined in subsection (f)(1) of these regulations). (A) No permittee shall possess or fish more than a total of 65 fathoms (1 shackle) of gill net, as measured at the cork line, in San Francisco and Tomales bays. Said gill nets shall not exceed 120 meshes in depth. In Humboldt Bay and Crescent City Harbor, no permittee shall possess or fish in combination more than 150 fathoms of gill net. Fresh fish permittees shall not possess or fish more than 65 fathoms (1 shackle). Set gill nets shall be anchored by not less than 35 pounds of weight at each end, including chain; however, at least one-half of the weight must be anchor. Gill nets shall be tended at all times in San Francisco Bay. Tended means the registered gill net permittee shall be in the immediate proximity, not exceeding one nautical mile, of any gill net being fished. (B) In Tomales Bay, for the 2005-06 season only, the length of the meshes of any gill net used or possessed in the roe fishery shall not be less than 2 inches or greater than 2 1/2 inches, except that four permittees (designated by the department in writing) participating in department-sponsored research on mesh size may use gill nets approved by the department with mesh less than the size designated herein. The use of mesh size of no less than 2 inches or greater than 2 1/2 inches is designated for evaluation purposes by the department and shall revert to a mesh size of no less than 2 1/8 inches or greater than 2 1/2 inches following the 2005-06 season, unless otherwise designated herein. In Humboldt Bay and Crescent City Harbor the length of the meshes of any gill net used or possessed in the roe fishery shall not be less than 2 1/4 inches or greater than 2 1/2 inches. In San Francisco Bay the length of the meshes of any gill net used or possessed in the roe fishery shall not be less than 2 or greater than 2 1/2 inches, except that six permittees (designated by the department in writing) participating in department-sponsored research on mesh size may use gill nets of another size approved by the department. The meshes of any gill net used or possessed by fresh fish permittees shall not be greater than 2 inches. Length of the mesh shall be the average length of any series of 10 consecutive meshes measured from the inside of the first knot and including the last knot when wet after use; the 10 meshes, when being measured, shall be an integral part of the net as hung and measured perpendicular to the selvages; measurements shall be made by means of a metal tape measure while 10 meshes are suspended vertically under one-pound weight, from a single stainless steel peg or nail of no more than 5/32 inch in diameter. In Humboldt Bay and Crescent City Harbor, the length of any series of 10 consecutive meshes as determined by the above specification shall not be less than 22 1/2 inches or greater than 25 inches. In Tomales Bay, the length of any series of 10 consecutive meshes as determined by the above specifications shall not be less than 20 inches or greater than 25 inches. In San Francisco Bay, the length of any series of 10 consecutive meshes as determined by the above specification shall not be less than 20 inches or greater than 25 inches. (C) No net shall be set or operated to a point of land above lower low water or within 300 feet of the following piers and recreation areas: Berkeley Pier, Paradise Pier, San Francisco Municipal Pier between the foot of Hyde Street and Van Ness Avenue, Pier 7 (San Francisco), Candlestick Point State Recreation Area, the jetties in Horseshoe Bay, and the fishing pier at Fort Baker. No net shall be set or operated within 70 feet of the Mission Rock Pier. In the Crescent City area and Humboldt Bay gill nets may be set or operated within 300 feet of any pier. (D) No nets shall be set or operated in Belvedere Cove north of a line drawn from the tip of Peninsula Point (37 degrees 51 minutes 43 seconds N, 122 degrees 27 minutes 28 seconds W) to the tip of Elephant Rock (southwest of Pt. Tiburon at 37 degrees 52 minutes 19 seconds N, 122 degrees 27 minutes 03 seconds W). Also, no gill nets shall be set or operated from November 15 through February 15 inside the perimeter of the area bounded as follows: beginning at the middle anchorage of the western section of the Oakland Bay Bridge (Tower C at 37 degrees, 47 minutes, 54 seconds N, 122 degrees, 22 minutes, 40 seconds W) and then in a direct line southeasterly to the Lash Terminal buoy #5 (G"5"buoy, flashing green 4s at 37 degrees, 44 minutes, 23 seconds N, 122 degrees, 21 minutes, 36 seconds W), and then in a direct line southeasterly to the easternmost point at Hunter's Point (Point Avisadero at 37 degrees, 43 minutes, 44 seconds N, 122 degrees, 21 minutes, 26 seconds W) and then in a direct line northeasterly to the Anchorage #9 buoy "A" (Y "A" buoy, flashing yellow 4s at 37 degrees, 44 minutes, 46 seconds N, 122 degrees, 19 minutes, 25 seconds W) and then in a direct line northwesterly to the Alameda N.A.S. entrance buoy #1 (G"1"buoy, flashing green 4s at the entrance to Alameda Carrier Channel, 37 degrees, 46 minutes, 38 seconds N, 122 degrees, 20 minutes, 27 seconds W) and then in a direct line northwesterlyto the Oakland Harbor Bar Channel buoy #1 (G"1"buoy, flashing green 2.5s at 37 degrees, 48 minutes, 15 seconds N, 122 degrees, 21 minutes, 23 seconds W) and then in a direct line southwesterly to the point of beginning. (Tower C of the Oakland Bay Bridge, at 37 degrees, 47 minutes, 54 seconds N, 122 degrees, 22 minutes, 40 seconds W). (E) No boats or nets shall be operated or set in violation of existing state regulations applying to the navigation or operation of fishing vessels in any area, including but not limited to San Francisco Bay, Tomales Bay, Humboldt Bay and Crescent City Harbor. (F) Gill nets shall be marked at both ends with a buoy displaying above its waterline, in Roman alphabet letters and Arabic numerals at least 2 inches high, the official number of the vessel from which such net is being fished. Buoys shall be lighted at both ends using matching white or amber lights that may be seen for at least a distance of 100 yards and marked at both ends with matching flags or markers or placards, all of rigid or non-collapsible material of the same color, on a staff at least 3 feet above the water at each end, bearing the herring permit number in contrasting 4-inch black letters. (G) The use of explosives, seal bombs, or marine mammal deterrent devices in the herring fishery is prohibited inside the waters of San Francisco Bay during the herring season. (H) All San Francisco Bay herring permittees or their temporary substitutes shall recognize city ordinances governing transient noise sources, when fishing within 500 feet of any shoreline with residential dwellings, between the hours of 10:00 p.m. and 7:00 a.m. through implementation of noise reduction measures specified or developed by the herring fishing industry and approved by the department. Noise reduction measures include, but are not limited to: noise dampening devices for shakers and anchor chains, muffled engine exhaust systems, limited use of deck speakers, and/or reduced speed within 500 feet of shore. (g) Quotas. (1) Crescent City Area: The total take of herring in the Crescent City area for commercial purposes by use of gill net only shall not exceed 30 tons per season. (2) Humboldt Bay: The total take of herring in Humboldt Bay for commercial purposes by use of gill net only shall not exceed 60 tons per season. (3) Tomales Bay: The total take of herring for commercial purposes by use of gill net only shall be as follows: (A) In Tomales Bay waters a fishing quota, not to exceed 400 tons, shall be permitted for the 2005-06 season. However, if spawning escapement, as determined by the department, reaches or exceeds 4,000 tons prior to February 15, the quota shall be increased as follows: 1) if spawning escapement is more than 4,000 tons, the total take of herring shall not exceed 500 tons for the season. (B) The total take of herring for the fresh fish market shall not exceed 10 tons per season. (4) San Francisco Bay: The total take of herring in San Francisco Bay for commercial purposes shall not exceed 4,502 tons for the 2005-06 season. Tonnage shall be allocated on the following basis: (A) Gill net permittees (including "CH" permittees): 4,153 tons. Tonnage shall be allocated to each fishing group ( "DH", odd, and even) in proportion to the number of permits that are assigned to each fishing group minus the number of permits in each platoon that are suspended for the entire season. Each gill net permittee (designated by the department in writing) participating in research sponsored by the department shall be assigned an individual quota equal to 0.5 percent of the season gill net quota per assigned platoon, unless provided for pursuant to subsection (g)(4)(B) of these regulations. (B) The total take of herring for the fresh fish market shall not exceed 20 tons per season, except that 10 tons total may be transferred, in proportion determined by the department, to gillnet permittee(s) participating in research sponsored by the department pursuant to subsection (g)(4)(A) of these regulations. (5) Ocean Waters: Herring may not be taken for roe purposes. (h) Season. (1) Humboldt Bay: The season shall be from noon on January 2 until noon on March 9. (2) Crescent City: The season shall be from noon on January 14 until noon on March 23. (3) San Francisco Bay: The season shall be from 5 p.m. on Sunday, December 11, 2005 until 6 a.m. on Friday, December 23, 2005, from 5 p.m. on Monday, December 26, 2005 until 6 a.m. on Friday, December 30, 2005 and from 5 p.m. on Monday, January 2, 2006 to noon on Friday, March 17, 2006. (A) In San Francisco Bay, gill net permittees with even permit numbers and "CH" permittees assigned to the "even" fishing group shall be permitted to fish only on the following dates: January 8-13, January 22-27, February 5-10, February 19-24, March 5-10. (B) In San Francisco Bay, gill net permittees with odd permit numbers and "CH" permittees assigned to the "odd" fishing group shall be permitted to fish only on the following dates: January 2-6, January 15-20, January 29-February 3, February 12-17, February 26-March 3, March 12-17. (C) In San Francisco Bay, gill net permittees with "DH" permit numbers and "CH" permittees assigned to the "DH" fishing group shall be permitted to fish only on the following dates: December 11-16, December 18-23, December 26-30. In the event permittees described under subsections (h)(3)(A) and (h)(3)(B) both reach their quotas pursuant to subsection (g)(4)(A), "DH" permittees, on notification by the department, may resume fishing operations until such group has reached the successive established termination date or quota. (D) No more than six gill net permittees (designated in writing by the department) participating in research sponsored by the department shall be permitted to fish, under the direction of the department, from 5 p.m. on Sunday, December 11, 2005 until 6 a.m. on Friday, December 23, 2005, from 5 p.m. on Monday, December 26, 2005 until 6 a.m. on Friday, December 30, 2005 and from 5 p.m. on Monday, January 2, 2006 to noon on Friday, March 17, 2006. (4) In Tomales Bay, the season shall be from 5:00 p.m. on Sunday, December 25, 2005 until noon Friday, February 24, 2006. (5) Herring fishing in San Francisco Bay is not permitted from noon Friday through 5:00 p.m. Sunday night. Herring fishing is allowed in Tomales Bay from noon Friday through 5:00 p.m. Sunday night if the department is reimbursed for the cost of operations. The department shall submit a detailed invoice of its cost of operations within 30 days of providing the service. Party shall remit payment to the department within 30 days of the postmark date of the department's invoice. (6) Ocean Waters: The season shall be from April 1 to October 31 for all authorized fishing gear except in districts 16 and 17 where the season shall be from April 1 to November 30. (7) In the event permittees described under subsections (h)(3)(A) or (h)(3)(B) reach their quota pursuant to subsection (g)(4)(A), the alternate group of permittees on notification by the department may commence fishing operations until such group has reached the successive established termination date or quota. (i) Any permit issued pursuant to this section may be suspended or revoked at any time by the commission for cause after notice and opportunity to be heard, or without a hearing upon conviction of a violation of Fish and Game Code statutes or Division 1, Title 14, CCR, while fishing as a participant in the herring fishery by a court of competent jurisdiction. A permittee whose permit has been suspended or revoked for conviction of a violation of Fish and Game Code statutes or Division 1, Title 14, CCR, while fishing as a participant in the herring fishery may request a hearing before the commission to show cause why his/her herring fishing privileges should be restored. A person whose herring permit has been revoked by the commission shall not participate in any herring fishery during the following season. A person whose herring permit has been suspended for the entire season by the commission shall not participate in any herring fishery during the season the permit is suspended. A person whose herring permit has been suspended for a period less than the entire season by the commission shall not participate in any herring fishery during the period that the permit is suspended. If a herring permit that had a temporary substitute is suspended by the commission due to the actions of the temporary substitute, the person who acted as the temporary substitute shall not participate in any herring fishery during the following season during the period that the permit is suspended. If a herring permit that had a temporary substitute is revoked by the commission due to the actions of the temporary substitute, the person who acted as the temporary substitute shall not participate in any herring fishery during the following season. If a herring permittee is convicted of a violation, or if the permit is suspended or revoked, due to the actions of a temporary substitute who is simultaneously fishing his or her own permit on a single vessel in the same fishing group, the person who was acting as the temporary substitute will receive the same penalty against his/her own permit as received by the permittee, pursuant to these regulations and Section 163.5, Title 14, CCR. For Category II violations prescribed in Section 163.5(f) against a permit due to the actions of a temporary substitute while simultaneously fishing his/her own permit, equal points or penalties shall be assigned to the permit owned by the temporary substitute. (j) Herring Buyer's Permit. A holder of a current fish receiver's license shall obtain a permit to buy herring for roe purposes for each fishing area specified in subsection (f)(1) of these regulations and approved by the department. After approval of an application and payment of the $750 filing fee (filing fees in Humboldt Bay and Crescent City area shall be waived), a revocable, nontransferable permit to buy herring for roe purposes may be issued subject to the following regulations: (1) The permittee shall permanently mark all vehicles, containers or pallets with individualized serial numbers and predetermined tare weights. The serial number and predetermined tare weight shall be permanently marked in letters, and numerals at least 3 inches high on each side of vehicle container or pallet. (2) A landing receipt must be made out immediately upon completion of weighing of any single boat load (hereinafter "load") of herring of a permittee. A sample of herring for roe testing purposes shall be taken from every load. No herring shall be taken for testing purposes from a load that has not first been weighed and recorded. (A) The landing receipt for each vessel must be completed and signed by both the herring permittee and a certified weighmaster or his/her deputy prior to commencing unloading operations of another vessel. (B) The weighmaster or deputy filling out the landing receipt must include all information required by Fish and Game Code Section 8043 and shall sign the landing receipt with his/her complete signature. The weighmaster shall list on the landing receipt the number of fish in, and the weight of, each roe test for the landing reported on the receipt. (C) All landing receipts that have not been delivered to the department must be immediately available to the department at the weigh station. (D) A reasonable amount of herring will be made available by the herring buyer to the department, at no cost, for management purposes. (3) Prior to weighing herring, each permittee shall have each weighing device currently certified and sealed by the County Division of Weights and Measures. (4) Weight tally sheets shall be used when any load of fish is divided and placed into more than one container prior to the completion of the landing receipt. Weight tally sheets shall include the time unloading operations begin. (A) The tally sheets shall be composed of four columns: 1. The serial or I.D. number of all containers in which the load is initially placed and all subsequent containers, if any, in which the load is placed until, and including for, shipment from the buyer's premises. 2. The gross weight; 3. The tare weight of the bin or containers; and 4. The net weight of fish. Net weight will include the weight of the herring taken for testing purposes. (B) The work or weight tally sheets shall be retained by the permittee for one year, and must be available at all times for inspection by the department. (C) When requested by the department, the buyer shall submit to the department a California Highway Patrol weighing certificate for any truck load designated by the department. Such certificate shall be placed in the U.S. Postal system to the department's San Francisco Bay Area Marine Region office within twenty-four (24) hours of the truck's departure from the buyer's premises. (5) In San Francisco Bay, herring may not be unloaded between the hours of 10 p.m. and 6 a.m., or at any time on Saturdays and Sundays, unless the permittee has notified and received prior approval from the department to conduct such activities during those hours. (6) Every permittee shall comply with all applicable sections of the Fish and Game Code. (7) The permittee is responsible to ensure that all provisions of the herring buyer's permit are complied with, even though the tasks may be delegated to others. (8) The permit may be revoked upon violation of any provisions contained herein by the holder of the permit, his/her agents, servants, employees, or those acting under his/her direction or control and shall not be renewed for a period of one year from the date or revocation. Note: Authority cited: Sections 1050, 5510, 8550, 8553 and 8555, Fish and Game Code. Reference: Sections 8043, 8550, 8552, 8552.6, 8553, 8554, 8555, 8556, 8557 and 8559, Fish and Game Code. s 163.1. Herring Permit Transfers. (a) Definitions. Individual means a single natural person. Individually held means a permit that is not held by a partnership under Fish and Game Code Section 8552.6. Permit means a valid entitlement issued pursuant to Fish and Game Code Section 8552, which has not been suspended or revoked, to take herring for roe purposes. Fishing group means those platoons whose season is designated in Section 163(a) of these regulations. (b) Multiple permits. In the San Francisco Bay fishery, no person may ever hold, either individually or in partnership, more than a total of three permits, and/or more than one permit in any fishing group. (c) Notice/application to transfer and transfer fee. A transfer under this regulation does not require the notice to qualified point holders required by Fish and Game Code Section 8552.2. The permit holder must submit a notarized letter, signed by the permit holder, to the department's San Francisco Bay Area Marine Region office requesting transfer of the permit, identifying the individual to whom the permit is to be transferred. Notwithstanding Fish and Game Code Section 8552.7 the fee to transfer a herring permit is one thousand dollars ($1000). The fees shall be deposited in the Fish and Game Preservation Fund and shall be expended for research and management activities to maintain and enhance herring resources pursuant to subsection 8052(a) of the Fish and Game Code. (d) Permit Renewal. Each permit individually held shall be separately renewed according to the procedures in Section 163 of these regulations. (e) Appeals. Any individual who is denied the transfer of a permit may appeal in writing to the department's San Francisco Bay Area Marine Region office not more than 60 days from the date of denial. The appeal shall describe the basis for the appeal and contain all supporting evidence. If the denial is sustained, the individual may appeal in writing to the commission within 60 days of the date of the department's decision. Note: Authority cited: Sections 8552.1, 8552.3 and 8553, Fish and Game Code. Reference: Sections 8552, 8552.1, 8552.2, 8552.3 and 8552.7, Fish and Game Code. s 163.5. Penalties in Lieu of Suspension or Revocation -Herring Permittees. (a) Pursuant to the provisions of section 309 of the Fish and Game Code and sections 163 and 746, Title 14, CCR, any permit issued pursuant to Section 8550 of the Fish and Game Code may be suspended or revoked at any time by the Commission for cause, after notice and an opportunity to be heard, or without a hearing upon conviction of the permittee or his/her substitute (pursuant to Section 163, Title 14, CCR) of a violation of Fish and Game Code statutes or Division 1, Title 14, CCR, while fishing as a participant in the herring fishery by a court of competent jurisdiction. A permittee whose permit has been suspended or revoked for conviction of a violation of Fish and Game Code statutes or Division 1, Title 14, CCR, while fishing as a participant in the herring fishery may request a hearing before the commission to show cause why his or her herring fishing or buying privileges should be restored. (b) Notwithstanding subsection (a), the Executive Secretary of the Commission shall enter into a stipulated compromise settlement agreement with the consent of the permittee for category I violations, and may enter into a compromise for category II violations with the consent of the permittee. The provisions of this section regarding compromise settlement agreements shall not apply if action is brought to recover civil damages under Section 2014 of the Fish and Game Code from the person subject to action under this section. (c) Terms and Conditions of a stipulated compromise agreement may include, but are not limited to, the payment of monetary penalties, the reduction of a revocation to a suspension for a specified period of time, a period of probation not to exceed three years or any other terms and conditions, mutually agreed upon by the Executive Secretary acting for the Commission and the permittee, without further hearing or appeal. (d) A compromise settlement agreement may be entered before, during or after the Commission hearing on the matter, but is valid only if executed and signed by the Executive Secretary and the permittee prior to the adoption of the decision by the Commission. Any monetary penalty included in a compromise settlement agreement shall be within the range of monetary penalties as prescribed in subsection (f) of these regulations and shall be due and payable within 30 days after the compromise is entered into. Any and all funds submitted as payment in whole or in part by a permittee of any monetary penalties stipulated in a compromise settlement agreement shall be nonrefundable. (e) If the permittee fails to perform all of the terms and conditions of the compromise settlement agreement, such agreement is thereby declared void and the Commission, notwithstanding the compromise settlement agreement, may take any action authorized by section 163 of these regulations against the permittee. (f) Procedures for determining monetary penalties: (1) Monetary penalties (score range multiplied by the monetary range) for compromise settlement agreements shall be based on the following point system: SCORE RANGE MONETARY RANGE (Total Points) 1-10 $200 per point as provided in subsection (f)(2) below. 11+ $400 per point as provided in subsection (f)(2) below. (2) The score range shall be based on a cumulative total of the points assigned in this subsection: (A) POINTS ASSIGNED FOR CATEGORY I VIOLATIONS ARE AS FOLLOWS: 1. Failure to properly identify vessel (Sec. 163(d)) 1 point 2. Improperly marked buoys or flags (Sec. 163(f)(2)(F)) 1 point 3. Failure to submit application for renewal of permit prior to the established deadline (Sec. 163(b)(3)) 1 point plus 1/4 point for each state working day, or portion thereof, the application is late, not to exceed the cost of a nonresident herring permit as specified in Section 8550.5, Fish and Game Code. 4. Failure of permittee to have herring permit, commercial fishing license, or boat registration aboard the permit vessel (Sec. 163, para. 1) 2 points 5. Setting or operating nets within 300 feet of specified piers and jetties (Sec. 163(f)(2)(C) and (f)(2)(E)) 3 points 6. Failure to "tend" nets (Sec. 163(f)(2)(A)) 5 points 7. Failure of herring buyer to permanently mark all vehicles, containers or pallets (Sec. 163(j)(1)) 5 points (B) POINTS ASSIGNED FOR CATEGORY II VIOLATIONS ARE AS FOLLOWS: 1. Unloading fish without recovering both nets and having them aboard vessel (Sec. 163(e)(4)) 6 points 2. Fishing in a closed area (Sec. 163(f)(1) and 12 points, plus 163(f)(2)(D)) all fish and nets on the vessel at the time of the violation shall be forfeited to the department and such fish and nets shall be sold or disposed of in a manner determined by the department with the proceeds from all such sales paid into the Fish and Game Preservation Fund 3. Failure to remove fishing gear from water by announced time terminating fishery operations (Sec. 163(e)(3)) 6 points, plus 1/2 point for each hour, or portion thereof, after closing time 4. Possession or use of nets with undersized mesh (Sec. 163 (f)(2)(B)) 12 points, plus all fish and nets on the vessel at the time of the violation shall be forfeited to the department and such fish and nets shall be sold or disposed of in a manner determined by the department with the proceeds from all such sales paid into the Fish and Game Preservation Fund 5. Failure to immediately return all halibut, sturgeon, salmon, steelhead and striped bass to the water (Sec. 163(e)(6)) 10 points 6. Possession or use of extra nets or nets which exceed maximum length restrictions (Sec. (f)(2)(A)) 12 points, plus 1/2 point for every 5 fathoms of net, or portion thereof, exceed- ing maximum, plus all fish and nets on the vessel at the time of the violation shall be forfeited to the department and such fish and nets shall be sold or disposed of in a manner determined by the department with the proceeds from all such sales paid into the Fish and Game Preservation Fund 7. Failure of permittee or his or her temporary substitute, authorized by the department, to be aboard the vessel during herring fishing operations (Sec. 163, para 1) 10 points 8. Failure to complete and maintain weight tally sheets (Sec. 163(j)(4)) 10 points 9. Failure to immediately complete a Fish and Game receipt upon completion of weighing any load or lot of fish (Sec. 163(j)(2)) 15 points (C) For each prior conviction of the permittee within the past three years for violations of the laws or regulations pertaining to the commercial take of herring: 1. The following additional points shall be assessed: (i) For one prior conviction for a violation of the commercial herring fishing laws or regulations within the past three years, the monetary assessment shall be doubled if the total point score (points from prior violation added to points for current violation) is 10 or less, and tripled if such total point score is 11 points or more. (ii) For two prior convictions for violations of the commercial herring fishing laws or regulations within the past three years, the monetary assessment shall be quadrupled if the total point score (points from prior convictions added to points for current violation) is 17 or less. 2. The permit shall be revoked, or suspended for a period of at least 1 year, if the total point score is 18 points or more. (3) Conviction of multiple violations, committed at the same time, shall be treated as one conviction for the purposes of implementing the provisions of this section. (4) All monetary penalties for compromise agreements assessed under this section shall be deposited by the Department to the Fish and Game Preservation Fund. Note: Authority cited: Sections 8553 and 8555, Fish and Game Code. Reference: Sections 309, 8552, 8553 and 8555, Fish and Game Code. s 163.6. Commercial Harvesting of Herring. Note: Authority cited: Section 8550, Fish and Game Code. Reference: Section 8550, Fish and Game Code. s 164. Harvesting of Herring Eggs. (a) Herring eggs may be taken for commercial purposes only under a revocable, nontransferable permit issued by the department. A department-issued copy of the permit shall be aboard each vessel harvesting, processing or transporting herring eggs under the authority of the permit. The permittee or his/her authorized agent shall be aboard any vessel that is harvesting, processing or transporting herring eggs under the authority of the permit. The permit shall list the names of all authorized agents and all vessels used for harvesting, processing or transporting herring eggs under the authority of the permit (This includes the attachment of any changes approved by the department after the permit is issued). (b) Herring eggs may be harvested only from the waters of San Francisco Bay. The harvest season is December 1 to March 31. (c) For purposes of this section, San Francisco Bay is defined as the waters of Fish and Game districts 11, 12, 13 and that part of district 2 known as Richardson Bay. (d) No more than 11 permits may be issued under the provisions of these regulations. No new permits shall be issued until the maximum number of permits is less than 10. The commission will review and determine annually whether further action, other than permit attrition, is deemed necessary to achieve a reduction to 10 permits. (e) Fishing, Harvesting, and Processing Defined. Unless the context requires otherwise, the following definitions shall apply to the herring eggs on kelp (HEOK) fishery: (1) "Fishing" means the act of suspending giant kelp (Macrocystis pyrifera) for the purposes of taking herring eggs, and/or the subsequent act of removing herring eggs on kelp from the water for the purposes of transport or harvest. Any person engaged in fishing shall possess a commercial fishing license pursuant to Section 7850 of the Fish and Game Code. (2) "Harvesting" means the act of removing herring eggs on kelp from the water for the purposes of processing for sale and/or transport to market. Any person engaged in harvesting shall possess a commercial fishing license pursuant to Section 7850 of the Fish and Game Code. (3) "Processing" means the act of separating or removing kelp blades (with herring eggs attached) from the stipe of harvested herring eggs on kelp, and loading the processed blades into bins or totes. Any person engaged in, or employed for the specific purpose of, processing herring eggs on kelp shall fall under the category of nonapplicability in regard to possession of a commercial fishing license pursuant to Section 7850.5 of the Fish and Game Code. Pursuant to Section 7850.5 of the Fish and Game Code, a person engaged in processing (permittees and authorized agents excepted) may stand aboard a herring eggs on kelp vessel while at a dock or landing, but any not be transported aboard the vessel. A person engaged in processing (permittees and authorized agents excepted) may not stand on the herring eggs on kelp raft, nor physically participate in the removal of herring eggs on kelp from the water. (f) Permits. Permits shall be issued in two categories: (1) Prior permittee. Permits shall be issued to all prior permittees. A prior permittee is defined as a person who has: (A) met the requirements under subsection (g) of these regulations, and (B) renewed their herring eggs on kelp permit for the immediately preceding herring eggs on kelp season, and (C) submitted all fees from prior seasons. (2) New permittee. A new permittee is defined as any applicant who held a herring permit issued pursuant to Section 163 of these regulations during the preceding herring season, but does not qualify as a prior permittee as defined above. The total number of permits available to new permittees shall be the difference between the 10 permit limit and the number of permits issued to individuals qualifying as prior permittees. In the event that the number of eligible applicants qualifying for new permits exceeds the number of available permits, a lottery shall be held. (g) Permit conditions: Every person operating under a permit to harvest herring eggs shall: (1) Forfeit his or her herring fishing privileges authorized pursuant to Section 163 of these regulations during the same season. (2) In addition to any license fees required by the Fish and Game Code, pay a royalty of $500 per ton of herring eggs on kelp taken. (The royalty fee shall include the landing tax imposed pursuant to Article 7.5, (commencing with Section 8040) Chapter 1, Part 3, Division 6, of the Fish and Game Code, and the royalty fee required for the harvesting of kelp pursuant to Section 165, Title 14 CCR). (3) Submit a Herring-Eggs-on-Kelp Monthly Landings and Royalty Report (FG 143 HR (Rev. 5/01), which is incorporated by reference herein (available at the department's San Francisco Bay Area Marine Region office), with payment due to the department's San Francisco Bay Area Marine Region office for each month of the season, within 60 days after the close of the month for which it is due. (h) Permit applications. Each applicant for a herring eggs on kelp permit shall: (1) Completely fill out and submit the required department Herring-Eggs-on-Kelp Permit Application (FG 1406 (10/04)) which is incorporated by reference herein (available at the department's San Francisco Bay Area Marine Region office), for the season to which the application applies. No person shall submit more than one application per season. Applications shall include a performance deposit as specified in subsection (i), and shall be delivered to the department's San Francisco Bay Area Marine Region office or postmarked no lather than 5 p.m. on August 1 of each year. (2) Applications postmarked or presented after August 1 and before September 1 will result in a monetary penalty of $200 plus $50 for each state working day, or portion thereof, that the application is late, for a period of 30 days. Applications postmarked or presented after August 31 will not be eligible for renewal. (3) Have submitted all fees from prior seasons. (i) Each application shall include a performance deposit equal to 50% of the royalty price for the permit (i.e., allotment). The deposit shall be credited to the amount payable by the successful applicants and shall not be refundable. The performance deposit shall be returned to an applicant who does not qualify for a permit. (j) Method of Take. Herring eggs may only be taken by harvesting giant kelp (Macrocystissp.), with spawn (i.e., eggs) attached, which has been artificially suspended using the following two methods: rafts and/or lines, a technique commonly known as the "open pond" method. For the purpose of this Section, a raft is defined as a temporary, mobile structure with a metal, wood or plastic frame. The total surface area of each raft is not to exceed 2,500 square feet. Rafts used by a licensed herring eggs on kelp permittee, prior to the 1995-96 season, are exempt from these size specifications. Such rafts may not be modified to exceed 2,500 square feet total surface area. Any new raft built after the 1995-96 herring eggs on kelp season must meet the specified dimensions. A line is defined as a piece of line of no more than 1200 feet in overall length that is suspended under a suitable permanent structure (e.g., pier or dock), or between two permanent structures (e.g., piers or docks). Kelp lines shall have floats or cork over the entire length of line. Each end of the line must be attached to a permanent structure. Kelp lines suspended from a permanent structure (e.g., pier or dock) shall not be placed as to hinder navigation. If kelp lines are suspended under a permanent structure (e.g., pier or dock), or if a raft is tied up to a permanent structure (e.g., pier, dock or rock wall, natural stationary shoreline structures), the permittee shall obtain prior written approval from the appropriate owners or controlling agency (e.g., wharfinger, Coast Guard, Navy or private owner). Buoys are not permanent structures. (1) Not more than two rafts and/or two lines may be used per permit. Two permits may be simultaneously fished on the same raft if each line on the raft is clearly identified with the permit number of the owner. Each raft shall have a light at each corner that may be seen for at least a distance of 100 yards. Each raft shall be further identified with the herring eggs on kelp permit number in 14-inch high, 2-inch wide black Roman alphabet letters and Arabic numerals painted on a white background permanently affixed to the raft. Lines shall be marked at the beginning and the end with a light that may be seen for at least a distance of 100 yards. Each line shall be further identified with the herring eggs on kelp permit number in 14-inch high, 2-inch wide black Roman alphabet letters and Arabic numerals painted on a white background, permanently affixed to the line. (2) Not more than ten sets of test kelp may be used per permit. Test kelp is defined as one stipe with blades, attached to a length of line for the purpose of testing for spawning activity. A set is defined as one length of line with test kelp attached. Each set must be attached to a permanent structure (e.g., pier, dock) and marked with the herring eggs on kelp permit number, in Roman alphabet letters and Arabic numerals at least 3 inches high, at a point above the waterline. No herring eggs on kelp shall be retained from test kelp sets for testing purposes that have not been weighed and recorded, pursuant to subsection 164(k). (3) Rafts and/or lines may not be placed in any waters or areas otherwise closed or restricted to the use of herring gill nets operating pursuant to Section 163 of these regulations, except where written approval is granted by the owners or controlling agency (e.g., Navy, Coast Guard). Rafts and/or lines may be placed in Belvedere Cove or Richardson Bay, only if permittees tie their rafts and/or lines to a permanent structure (e.g., pier, dock or rock wall, natural stationary shoreline structures), and obtain prior written approval. Buoys are not permanent structures. (4) The total amount of herring eggs on kelp that may be harvested by each permittee shall be based on the previous season's spawning population assessment of herring in San Francisco Bay, as determined by the department. This assessment is used to establish the overall herring fishing quotas pursuant to Section 163 of these regulations. The total amount of herring eggs on kelp that may be harvested by an individual possessing a gill net permit issued pursuant to Section 163 of these regulations shall be 2.3 tons per season. The total amount of herring eggs on kelp that may be harvested by an individual possessing a "CH" permit issued pursuant to Section 163 of these regulations shall be 7.9 tons per season. (5) Each vessel operating under or assisting in fishing operations under a permit issued pursuant to these regulations shall have a current Fish and Game commercial boat registration and be further identified with the permittee's herring eggs on kelp permit number in 14-inch high, 2-inch wide black Roman alphabet letters and Arabic numerals painted on a white background permanently affixed to each side of the vessel. If a herring eggs on kelp vessel is also used as an assist vessel in another permittee's fishing operation, it must be identified with the number of the permit it is assisting. (6) The permittee shall notify the department's San Francisco Bay Area Marine Region office in writing with the name and registration number of any vessel that will be used for harvesting, processing or transporting herring eggs under the authority of the permit. The permittee shall provide a copy of the current California certificate of boat registration with the permittee's written notification. The permittee shall receive written approval from the department before using a vessel for harvesting, processing or transporting herring eggs. (7) Permittee shall notify the department's San Francisco Bay Area Marine Region office at the telephone number designated on the herring eggs on kelp permit within a 4-hour period prior to the suspension of kelp on a raft and/or lines and supply the following information: (A) Where the kelp suspension will take place; and (B) Where the permittee plans to fish the rafts and/or lines; and (C) A local fax number or mailing address where confirmation of kelp suspension notification can be sent. (k) Harvesting, Landing and Processing Requirements. Every person who harvests, receives, processes or wholesales herring eggs shall comply with the following requirements. (1) Obtain all appropriate commercial fish business licenses and permits required by Fish and Game Code sections 8030-8038. (2) Permittee shall notify the department's San Francisco Bay Area Marine Region office at the telephone number designated on the herring eggs on kelp permit a minimum of 12 hours prior to harvesting herring eggs on kelp on a weekday and supply the following information: description and point of departure of the vessel used; the exact location of each raft and/or line and estimated time of beginning of each operation; and if harvesting occurs, the point of landing and time of landing or off-loading of the herring eggs on kelp harvested. If any of this information changes after notification is given, the permittee shall again notify the department at the telephone number designated on the herring eggs on kelp permit. (3) Herring eggs on kelp may be harvested any time on weekdays, but shall not be off-loaded between the hours of 10:00 p.m. and 6:00 a.m. (4) Herring eggs on kelp may be harvested on Saturdays and Sundays at any time if the permittee reimburses the department for the cost of operations. The department shall submit a detailed invoice of its cost of operations within 30 days of providing the services. Permittee shall remit payment to the department within 30 days of the postmark date of the department's invoice. Permittee shall notify the department at the phone number designated on the herring eggs on kelp permit, during normal business hours (between 8:00 a.m. and 5:00 p.m., Mondays through Friday) prior to harvesting herring eggs on kelp on Saturday or Sunday, and shall supply the following information: (A) Description and point of departure of the vessel used. (B) The exact location of each raft and estimated time of the beginning of the harvesting operation, the estimated time of off-loading of the harvested product, and the point of off-loading. (C) A local telephone number of the permittee for the immediate confirmation or clarification of the information required in subsection 164(k)(4). (5) Permittee shall have a certified scale aboard the vessel at all times if any brining is conducted aboard that vessel. This scale shall be used to determine the total weight of herring eggs on kelp prior to brining. For the purposes of this section, all portions of the kelp blade, including all trimmed-off portions (trim), shall be considered part of the harvested product and included in the total weight of herring eggs on kelp. The stipe and pneumatocyst shall not be considered a part of the harvested product; therefore, the weight of the stipe and pneumatocyst shall not be considered in determining the total weight of herring eggs on kelp. (6) All bins or totes shall be permanently marked with individualized serial numbers, beginning with the prefix CA, and predetermined tare weights (including lids). The serial number and predetermined tare weight shall be permanently marked in letters and numerals at least 3 inches high on each side of the bin or tote. (7) Prior to weighing herring eggs on kelp, each receiver of herring eggs on kelp shall have a scale currently certified and sealed by the County Division of Weights and Measures. (8) Weight tally sheets and a landing receipt shall be immediately completed upon the landing and weighing of any single permittee's boat load of harvested herring eggs on kelp (hereinafter "load"). (A) The landing receipt for each herring eggs on kelp permittee shall be completed and signed by the permittee prior to commencing unloading operations of another permittee's load. (B) The landing receipt for each load shall include all information required by Fish and Game Code Section 8043. Tally sheets shall indicate the serial number, the tare weight of the bin or tote, the net weight of the product (eggs on kelp), excluding the salt and brine and the gross weight of each bin or tote. Filled bins or totes shall be weighed when landed on-shore, or before they are moved from the premises if processing takes place on-shore. The weight tally sheet shall be retained by the permittee for one year and shall be available at all times for inspection by the department. All herring eggs on kelp landed in excess of any established permit quota shall be forfeited to the department by the signing of a Release of Property form (FG-MR-674 (Rev. 5/02)), which is incorporated by reference herein). Such excess of herring eggs on kelp shall be sold or disposed of, and the proceeds from all such sales shall be paid into the Fish and Game Preservation Fund. (9) There shall be no landing or off-loading of herring eggs on kelp from a permittee's vessel, from 10:00 p.m. Friday to 6:00 a.m. Monday, unless brining is conducted at a shore-based facility. If brining occurs on-shore, the permittee shall notify the department's designated contact 12 hours prior to the shipping or removal of the bins or totes from the premises. (l) These regulations and all sections of the Fish and Game Code pertaining thereto shall be set forth in all permits. Permits shall be issued upon the conditions contained in the application and signed by the applicant that he has read, understands, and agrees to be bound by all terms of the permit. (m) A permit may be suspended by the Department of Fish and Game for breach or violation of the terms of the permit by the permittee, or any other person(s) operating under the terms of the permit. Any such suspension may be appealed to the Fish and Game Commission pursuant to section 746 of these regulations. (n) Authorized agents. Each herring eggs on kelp permittee may designate two authorized agents to operate under his or her permit. To designate an authorized agent, the permittee shall submit to the department's San Francisco Bay Area Marine Region office a completed, signed Authorized Agent Form (MRD 164 (8/97)) which is incorporated by reference herein. A permittee may replace an authorized agent by submitting a new Authorized Agent Form to the department's San Francisco Bay Area Marine Region office. A copy of the current California commercial fishing license for each authorized agent shall be submitted with each Authorized Agent Form. A person designated on the Authorized Agent Form shall act as an authorized agent only after the permittee has received written approval from the department. An authorized agent: (1) May serve in the place of the permittee for all fishery activities requiring the presence or action of the permittee, including the signing of landing receipts; (2) Shall possess a current California commercial fishing license; (3) Shall not be another herring eggs on kelp permittee unless the other permittee has stopped fishing his or her permit for the season; (4) Who does not hold a herring eggs on kelp permit, may act as an authorized agent for more than one herring eggs on kelp permittee. Note: Authority cited: Sections 5510, 8389, 8553 and 8555, Fish and Game Code. Reference: Sections 7850, 7850.5, 8043, 8053, 8389 and 8550-8556, Fish and Game Code. s 165. Harvesting of Kelp and Other Aquatic Plants. (a) General License Provisions. Pursuant to the provisions of Section 6651 of the Fish and Game Code, no kelp or other aquatic plants may be harvested for commercial purposes except under a revocable license issued by the department. (1) Who Shall be Licensed. Each company or individual harvesting kelp and other aquatic plants for industrial, human consumption or aquaculture purposes shall apply each year for a license on forms provided by the department. Application forms and a list of laws and regulations governing the harvest of kelp and other aquatic plants are available on request from the department's Marine Region, 20 Lower Ragsdale Drive, Suite 100, Monterey, CA 93940, and from the department's field offices in Eureka, Belmont, Los Alamitos and San Diego. (2) Cost of License. See section 6651 of the Fish and Game Code. (3) Where to Submit Applications. Application forms, together with the fee authorized by Section 6651 of the Fish and Game Code, shall be submitted to the department's Los Alamitos office, 4665 Lampson Avenue, Suite C, Los Alamitos, CA 90720. (4) License Limitation. All provisions of sections 6650-6680 of the Fish and Game Code, and sections 165 and 165.5 of the commission regulations shall become a condition of all licenses issued under this section to be fully performed by the holders thereof, their agents, servants, employees or those acting under their direction or control. (b) General Harvesting Provisions. (1) Weighing of Kelp. A kelp harvester shall determine the weight of harvested kelp or other aquatic plants upon landing or delivery to the harvester's place of business. The harvester may determine the weight of harvested kelp or other aquatic plants using either direct weighing or a volume conversion that has been approved by the department. If the weight is determined by a public weighmaster, the harvester shall obtain a receipt and maintain the receipt in the landing record required under subsection (b)(3) below. (2) Harvesting Records. Every person harvesting kelp and other aquatic plants and licensed pursuant to section 6650 of the Fish and Game Code shall keep a book or books recording the following: (A) Category of plants harvested as defined in Section 165(c), (d) and (e). (B) The wet weight of harvested kelp or other aquatic plants recorded in pounds or tons (1 ton = 2000 pounds). (C) Name and address of the person or firm to whom the plants are sold, unless utilized by the harvester. The book(s) shall be open at all times for inspection by the department. (3) Landing Records. Records of landing shall be prepared by all harvesters licensed pursuant to Section 6650 of the Fish and Game Code. Records of landing shall be made in triplicate using forms FG 113 (Rev. 1/97) and FG 114 (Rev. 1/97). The landing records shall show: (A) The wet weight of all aquatic plants harvested in units as defined in subsection (b)(2)(B) above. (B) Name of harvester. (C) Department of Fish and Game kelp harvester number. (D) Dates of landing. (E) Kelp bed number and, if applicable, harvest control area where plants were harvested. (F) A duplicate copy of the landing record shall be kept by a kelp harvester for a period of one year and shall be available for inspection at any time within that period by the department. A kelp harvester who harvests kelp from a harvest control area established under subsection (c)(4)(E) below shall maintain a copy of the landing record on board the harvest vessel for all harvesting conducted during that harvest control period. The original and one copy of the record shall be delivered to the department at the address indicated within 10 days after the close of each month, with the specified royalty required for all kelp and other aquatic plants harvested. Failure to submit the required landing record and royalty fees within the prescribed time limit are grounds for revocation of the harvester's license. (4) No eel grass(Zostera)or surf grass(Phyllospadix)may be cut or disturbed. (5) No kelp or other aquatic plant may be harvested in a state marine reserve or state marine park as per subsection 632(a). Commercial harvest of kelp or other aquatic plants may be limited in state marine conservation areas as per subsection 632(b). (6) It is unlawful to cause or permit waste of any kelp or other aquatic plants taken in the waters of this state or to take, receive or agree to receive more kelp or other aquatic plants than can be used without waste or spoilage. (c) Harvesting ofMacrocystisandNereocystis(giant and bull kelp). In this subsection, kelp means both giant and bull kelp. (1) A kelp harvester may harvest kelp by cutting and removing portions of attached kelp or by collecting unattached kelp. (2) A kelp harvester may not cut attached kelp at a depth greater than four feet below the surface of the water at the time of cutting. (3) No kelp received aboard a harvesting vessel shall be allowed to escape from the vessel or be deposited into the waters of this state. (4) If, at any time, the commission finds that the harvesting of kelp will tend to destroy or impair any kelp bed or beds, or parts thereof, or tend to impair or destroy the supply of food for fish or marine mammals, the commission may limit or prohibit the harvest of kelp within a bed or portion of a bed for any length of time. (A) In beds north of Point Montara,Nereocystis(bull kelp) may only be taken by hand harvesting. No mechanical harvesters of any kind are allowed. (B) Between April 1 and July 31, a kelp harvester may not harvest bull kelp from a nonleased kelp bed that lies partially or totally within the boundary of the Monterey Bay National Marine Sanctuary extending from Santa Rosa Creek, San Luis Obispo County, northward to Rocky Point, Marin County. This subsection does not preclude the removal of bull kelp from beaches within the Monterey Bay National Marine Sanctuary during the seasonal closure. (C) Prior commission approval of a kelp harvest plan is necessary before a kelp harvester may use a mechanical harvester to harvest giant kelp in a nonleased kelp bed north of Santa Rosa Creek, San Luis Obispo County. For approval of a kelp harvest plan, a harvester must identify how a mechanical harvester will be used while avoiding: 1) repetitive harvest from individual giant kelp plants; 2) harvest of bull kelp from those portions of kelp beds that contain both giant kelp and bull kelp; and 3) harvest giant kelp near sea otter rafting sites used by female sea otters with dependent pups. (D) A kelp harvester may not harvest kelp in that portion of kelp bed 220 in Monterey County that lies between the tip of the Monterey breakwater and a line created by a seaward extension running 40 <> magnetic north from the northern-most portion of the unnamed point that lies seaward of the Chart House restaurant, approximately 3000 feet northwest of the tip of the Monterey breakwater. (E) With a finding as determined in subsection (c)(4) above, the commission may designate, through emergency regulation, a nonleased kelp bed or portion of a bed as a harvest control area for a specified period of time. The commission shall set a cumulative harvest tonnage limit for each kelp harvester that may not be exceeded while harvesting within the control area during any consecutive 7-day period. The department shall maintain a list of active harvest control areas, their effective time period, and their cumulative harvest tonnage limit on its web page (www.dfg.ca.gov). The same information may be obtained by contacting the Marine Region office at 20 Lower Ragsdale Drive, Suite 100, Monterey, CA 93940. (5) A kelp harvester may not harvest kelp from the following kelp beds: Bed. No. Square Miles 10 0.00 15 0.04 22 0.05 24 0.05 203 0.00 206 0.04 224 0.06 225 0.00 226 0.00 301 0.00 302 0.00 303 1.33 304 0.89 305 1.11 306 1.03 307 0.93 310 0.00 311 0.00 Total 5.53 (6) Only a lessee authorized by the commission may harvest kelp from the following beds: Bed No. Square Miles 308 0.20 309 0.14 312 0.20 Total 0.54 (7) In addition to the license fee, a kelp harvester shall pay a royalty of $1.71 for each ton (2,000 pounds) of wet kelp harvested from a nonleased bed. (d) Harvesting of marine plants of the generaGelidium, Pterocladia, Gracilaria, Iridaea, GloiopeltisorGigartinawhich are classified as agar-bearing plants. (1) General Provisions. (A) All agar-bearing plants must be harvested by cutting, except that drift or loose plants may be picked up by the harvester. Agar-bearing plants may be cut no closer than two inches to the holdfast and no holdfast may be removed or disturbed. All agar-bearing plants which are removed from a bed must be taken from the water for weighing and processing. (B) While harvesting agar-bearing plants, it is unlawful to harvest abalone or to have abalone harvesting equipment in possession. (C) License numbers of the harvesters will be displayed on both sides of the boat from which they are operating in 10-inch black numbers on a white background. (D) A harvester may use conventional underwater diving gear or SCUBA when harvesting agar-bearing plants. (2) Kelp Drying Permits. Pursuant to section 6653.5 of the Fish and Game Code, no company or individuals shall reduce the moisture content or otherwise dry agar-bearing plants harvested from waters of the state except under the authority of a kelp drying permit issued by the department. Drying permits shall be issued under the following conditions: (A) Where Issued. Requests for kelp drying permits shall be submitted to the Department of Fish and Game at the address listed in section 165(a)(3). (B) Cost of Permit. See subsection 699(b) of these regulations for the fee for this permit. (C) Permit Review. The department shall return permit application forms to the applicant within three working days of receipt. (D) Duration of Permits. Except as otherwise provided, kelp drying permits shall be valid for a term of one year from date of issue. (E) Weighing of Kelp. All agar-bearing marine plants shall be weighed upon landing pursuant to the provisions of subsection (b)(1) of these regulations. (F) Plant Delivery. Every person taking delivery of agar-bearing marine plants for drying purposes from persons licensed pursuant to section 6650 of the Fish and Game Code or harvesters drying their own plants shall keep a book or books recording the following: 1. A full and correct record of all agar-bearing plants received from other licensed agar harvesters or taken by permittee. 2. Names of the different species. 3. The number of pounds received. 4. Name, address and kelp harvester number of the person from whom the agar-bearing plants were received. The book(s) shall be open at all times for inspection by the department. (G) Landing Receipts. Receipts shall be issued by all kelp drying permittees to harvesters licensed pursuant to subsection (b)(3) of these regulations and shall show: 1. Price paid. 2. Department origin block number where the agar-bearing plants were harvested. 3. Such other statistical information the department may require. (H) The original signed copy of receipt shall be delivered to the agar harvester at the time of purchase or receipt of the agar-bearing plants. The duplicate copy shall be kept by the kelp drying permittee for a period of one year and shall be available for inspection at any time within that period by the department, and the triplicate shall be delivered to the department at the address indicated within 10 days after the close of each month, with a royalty of $17.00 per wet ton (2,000 lbs.) for all agar-bearing seaweed received. Failure to submit the required landing receipts and royalty fees within the prescribed time limit is grounds for revocation of the permittee's drying permit. (e) Harvesting of marine plants, including the genera Porphyra, Laminaria, Monostrema, and other aquatic plants utilized fresh or preserved as human food and classified as edible seaweed. (1) General Provisions. (A) Edible varieties of marine plants must be harvested by cutting or picking, except that drift or loose plants may be picked up by the harvester. All harvested plants must be processed. (B) Edible seaweed may be harvested from state waters throughout the year, except as provided under section 164. (C) While harvesting edible seaweed, it is unlawful to harvest abalone or to have abalone harvesting equipment in possession. (D) A harvester may use conventional underwater diving gear or SCUBA while harvesting edible seaweed. (2) Harvest of Bull Kelp for Human Consumption. Notwithstanding subsection 165(c) (5)(A), persons operating under the authority of an edible seaweed harvesters license may take, not to exceed, 2 tons (4,000 lbs) of bull kelp per year. The entire plant may be harvested. (3) Weighing of Edible Marine Plants. All edible marine plants shall be weighed pursuant to the provisions of subsection (b)(1) of these regulations and landing receipts in duplicate issued as per subsection (b)(3). (4) The original copy of the receipt shall be delivered to the department at the address indicated within 10 days after the close of each month with a royalty of $24 per wet ton (2,000 lbs.) of edible marine plants harvested from state waters other than San Francisco Bay and Tomales Bay. (f) All Other Species of Kelp. (1) Applicant shall apply to the commission, outlining the species to be harvested, amount and location. The commission may set conditions and amount of royalty after review of the application. Note: Authority cited: Sections 6653 and 6653.5, Fish and Game Code. Reference: Sections 6650-6680, Fish and Game Code. s 165.5. Lease of Kelp Beds for Exclusive Harvest of Macrocystis and Nereocystis . (a) The commission may lease to any person the exclusive privilege to harvest kelp in any designated kelp bed or beds, or part thereof described in subsection (j). In this section, kelp means giant kelp, bull kelp, or both. (b) A current list of kelp beds considered by the commission to be available for leasing may be obtained through written request to the department's Marine Region at 20 Lower Ragsdale Drive, Suite 100, Monterey, CA 93940. Any person desiring to lease the exclusive privilege of harvesting kelp shall make a written application to the Fish and Game Commission, 1416 Ninth Street, Sacramento, CA 95814. The application for kelp bed lease shall include: (1) The number of the designated bed or beds as shown in subsection (j), a description of the kelp bed or portion of the kelp bed requested and the designated number of square miles in each bed or portion thereof. (2) A minimum deposit of $2,565 per square mile for kelp beds lying south of Point Arguello and $1,368 per square mile for kelp beds lying north of Point Arguello. (The deposit shall be returned to the applicant if a lease is not executed.) (3) A detailed development plan for the proposed kelp bed lease showing the intended use, the manner of harvesting and transporting the kelp and the amount of kelp the lessee proposes to harvest during each of the next five years. (4) The financial capabilities of the lessee to carry out the proposed plan of development. The department shall evaluate the submitted plans, and provide its evaluation to the commission. (5) Applicants for the lease of Kelp Beds 300-312 shall, in addition to the above requirements, submit evidence of a scientifically acceptable survey of the requested kelp bed, conducted within one year of the date of the application, showing the extent of the kelp bed and the quantity (biomass) of kelp present. Evidence of such a survey must be submitted annually prior to beginning harvest. Harvest of bull kelp from leased beds shall be limited to not more than 15 percent of the bull kelp biomass revealed by the survey. (c) Kelp leases may be awarded to applicants determined by the commission to possess the capabilities to harvest and utilize kelp in a manner beneficial to the state. (1) In case more than one application is received for the lease of a specified kelp bed or beds, the lease shall be awarded to the highest qualified bidder. (2) Bids tendered for the exclusive right to harvest kelp from designated kelp beds will be for the dollar amount of royalty to be paid on each wet ton of kelp harvested. The minimum acceptable bid will be for a royalty rate of no less than $1.71 per wet ton of kelp harvested. (3) The commission may reject any or all applications for the lease of the exclusive privilege to harvest kelp, if it deems the rejection to be in the public interest. (d) If the specified kelp harvesting area applied for is found to be available for lease, and that the lease would be in the public interest, the commission shall have legal notices published in a newspaper of general circulation in each county where the kelp bed, or any part thereof, is located. The department shall, in addition, notify by mail all current holders of kelp harvesting licenses that a kelp lease is being considered. (e) Upon termination of a kelp bed lease for any reason, the commission shall notify all current holders of kelp licenses of the availability of such bed(s) for lease. (f) Kelp bed leases shall be awarded for a maximum term of 20 years. (g) The royalty rate for kelp harvested from leased kelp beds shall be no less than $1.71 per wet ton of kelp harvested from such beds. A nonrefundable advance payment computed on the basis of the harvest of 800 tons of kelp annually times the bid royalty rate per square mile for kelp beds located north of Point Arguello and the harvest of 1,500 tons of kelp annually times the bid royalty rate per square mile for beds lying south of that point is due and payable to the department on January 1 each year. Kelp harvested from each bed during the calendar year will be credited against the advance payment at the specified royalty rate until the deposit has been depleted. Kelp harvested from each bed in excess of the amount covered by the advance deposit shall be assessed at the basic royalty rate established by Section 165(c)(5). (h) Each kelp lease shall specify a period prior to expiration when renewal of the lease may be requested by lessee. If during the notification period the lessee successfully demonstrates to the commission that all conditions of the lease have been met, the lessee shall have a prior right to renew the lease on terms agreed upon between the commission and the lessee. If terms of a lease renewal are not agreed upon prior to termination of a lease agreement, the commission shall advertise for bids on the individual kelp beds comprising the lease. If a request for renewal is not made during the specified period by the lessee, the commission shall advertise for bids on the individual kelp beds comprising the lease. (i) Notwithstanding the provisions of subsections (f) and (h), at any time during the term of a lease, a lessee may notify the commission of its desire to enter into a new lease. If the lessee can successfully demonstrate to the commission that all conditions of its lease have been met and that a new lease would be in the best interest of the state, a new lease may be drawn on terms agreed upon between the two parties, provided a new lease is negotiated for an additional period not to exceed 20 years. (j) There is established a "Revised Official Map and Description of Kelp Beds, Pt. Arguello to U.S.-Mexico Boundary" dated August 1, 1963 revised March 3, 1967, a new "Official Map and Description of Kelp Beds, Pt. Arguello to Pt. Montara" dated March 3, 1967, and a new map "Official Map and Description of Kelp Beds, Pt. Montara to California-Oregon Boundary" dated June 15, 1995. These maps are based upon U.S. Coast and Geodetic Survey Charts No. 5020, dated April 1961, No. 5302, dated October 12, 1964, and No. 5402, dated September 6, 1965, as filed with the Fish and Game Commission. Beds are described as follows: (all bearings are true bearings) (1) Mainland Beds (Pt. Arguello to Mexico) Bed 1. From a line drawn 264 <> from the U.S.A.-Mexico International Boundary to a line drawn 270 <> from the southern tip of San Diego Bay. 0.20 square miles. Bed 2. From a line drawn 270 <> from the southern tip of San Diego Bay to a line drawn 259 <> from the southern tip of Point Loma. 0.10 square miles. Bed 3. From a line drawn 259 <> from the southern tip of Point Loma to a line drawn 272 <> from the south jetty of Mission Bay. 2.58 square miles. Bed 4. From a line drawn 272 <> from the south jetty of Mission Bay to a line drawn 283 <> from Scripps Pier. 2.53 square miles. Bed 5. From a line drawn 283 <> from Scripps Pier to a line drawn 269 <> from the mouth of the San Dieguito River. 0.00 square miles. Bed 6. From a line drawn 269 <> from the mouth of the San Dieguito River to a line drawn 236 <> from the middle of Loma Alta Lagoon (at South Oceanside). 1.52 square miles. Bed 7. From a line drawn 236 <> from the middle of Loma Alta Lagoon to a line drawn 215 <> from the middle of the city of San Onofre. 0.66 square miles. Bed 8. From a line drawn 215 <> from the middle of the city of San Onofre to a line drawn 219 <> from the middle of San Juan Creek. 1.53 square miles. Bed 9. From a line drawn 219 <> from the middle of San Juan Creek to a line drawn 220 <> from Abalone Pt. 0.39 square miles. Bed 10. From a line drawn 220 <> from Abalone Pt. to a line drawn 220 <> from the south jetty of Newport Bay. 0.00 square miles. Bed 13. From a line drawn 156 <> from the San Pedro Breakwater Lighthouse to a line drawn 232 <> from Pt. Vicente. 0.54 square miles. Bed 14. From a line drawn 232 <> from Pt. Vicente to a line drawn 256 <> from the southern tip of the Redondo Beach Breakwater. 0.74 square miles. Bed 15. From a line drawn 223 <> from the Santa Monica Pier to a line drawn 156 <> from Malibu Pt. 0.04 square miles. Bed 16. From a line drawn 156 <> from Malibu Pt. to a line drawn 185 <> from Pt. Dume. 0.21 square miles. Bed 17. From a line drawn 185 <> from Pt. Dume to a line drawn 207 << degrees>> from Pt. Mugu. 0.62 square miles. Bed 18. From a line drawn 217 <> from the middle of the mouth of Ventura River to a line drawn 214 <> from Pitas Pt. 0.14 square miles. Bed 19. From a line drawn 214 <> from Pitas Pt. to a line drawn 218 << degrees>> from Rincon Pt. 0.05 square miles. Bed 20. From a line drawn 218 <> from Rincon Pt. to a line drawn 198 <> from Loon Pt. 0.24 square miles. Bed 21. From a line drawn 198 <> from Loon Pt. to a line drawn 184 << degrees>> from the eastern boundary of the Montecito Hotel (2.4 miles 072 << degrees>> from tip of S.B. Breakwater). 0.19 square miles. Bed 22. From a line drawn 184 <> from the eastern boundary of the Montecito Hotel to a line drawn 166 <> from the tip of the Santa Barbara Breakwater. 0.05 square miles. Bed 23. From a line drawn 166 <> from the tip of the Santa Barbara Breakwater to a line drawn 195 <> from the Santa Barbara Lighthouse. 0.10 square miles. Bed 24. From a line drawn 195 <> from the Santa Barbara Lighthouse to a line drawn 197 <> from the middle of Rogue Creek (Arroyo Burro). 0.05 square miles. Bed 25. From a line drawn 197 <> from the middle of Rogue Creek to a line drawn 185 <> from the middle of Hope Ranch Creek. 0.18 square miles. Bed 26. From a line drawn 185 <> from the middle of Hope Ranch Creek to a line drawn 176 <> from Goleta Pt. 0.60 square miles. Bed 27. From a line drawn 176 <> from Goleta Pt. to a line drawn 210 <> from Coal Oil Pt. 0.43 square miles. Bed 28. From a line drawn 210 <> from Coal Oil Pt. to a line drawn 200 <> from the Middle of Gato Canyon (about 1.5 miles west of Naples). 0.60 square miles. Bed 29. From a line drawn 200 <> from the middle of Gato Canyon to a line drawn 183 <> from the middle of Refugio Creek. 0.17 square miles. Bed 30. From a line drawn 183 <> from the middle of Refugio Creek to a line drawn 180 <> from the middle of Canada de Molino (about 5 miles west of Refugio Creek). 0.39 square miles. Bed 31. From a line drawn 180 <> from the middle of Canada de Molino to a line drawn 180 <> from the middle of Alegria Canyon (about 3.4 miles west of Gaviota). 0.16 square miles. Bed 32. From a line drawn 180 <> from the middle of Alegria Canyon to a line drawn 180 <> from Pt. Conception. 2.76 square miles. Bed 33. From a line drawn 180 <> from Pt. Conception to a line drawn 231 <> from Expada Bluff. 0.97 square miles. Bed 34. From a line drawn 231 <> from Espada Bluff to a line drawn 270 <> from Pt. Arguello. 0.31 square miles. Total Area Mainland Beds (Pt. Arguello to Mexico). 19.05 square miles (2) Island Beds Bed 101. San Clemente Island. From a line drawn 120 <> from Pyramid Head to a line drawn 210 <> from China Pt. 0.66 square miles. Bed 102. San Clemente Island. From a line drawn 210 <> from China Pt. to a line drawn 226 <> from Seal Cove. 2.39 square miles. Bed 103. San Clemente Island. From a line drawn 226 <> from Seal Cove to a line drawn 0 <> from Northwest Harbor. 2.89 square miles. Bed 104. San Clemente Island. From a line drawn 0 <> from Northwest Harbor to a line drawn 120 <> from Pyramid Head. 0.22 square miles. Bed 105. Santa Catalina Island. Entire island. 0.75 square miles. Bed 106. Santa Barbara Island. Entire island. 0.23 square miles. Bed 107. San Nicolas Island. South of a line drawn 75 <> from the east end to a line drawn 283 <> from the west end. 1.15 square miles. Bed 108. San Nicolas Island. North of a line drawn 283 <> from the west end to a line drawn 75 <> from the east end. 2.85 square miles. Bed 109. Anacapa Islands. All islands. 0.32 square miles. Bed 110. Santa Cruz Island. From a line drawn 86 <> from San Pedro Pt. to a line drawn 170 <> from Bowen Pt. 0.64 square miles. Bed 111. Santa Cruz Island. From a line drawn 170 <> from Bowen Pt. to a line drawn 306 <> from West Pt. 0.61 square miles. Bed 112. Santa Cruz Island. From a line drawn 306 <> from West Pt. to a line drawn 86 <> from San Pedro Pt. 0.11 square miles. Bed 113. Santa Rosa Island. From a line drawn 61 <> from Skunk Pt. to a line drawn 180 <> from South Pt. 0.59 square miles. Bed 114. Santa Rosa Island. From a line drawn 180 <> from South Pt. to a line drawn 285 <> from Sandy Pt. 2.17 square miles. Bed 115. Santa Rosa Island. From a line drawn 285 <> from Sandy Pt. to a line drawn 45 <> from Carrington Pt. 1.59 square miles. Bed 116. Santa Rosa Island. From a line drawn 45 <> from Carrington Pt. to a line drawn 61 <> from Skunk Pt. 0.62 square miles. Bed 117. San Miguel Island. South of a line drawn 60 <> from Cardwell Pt. to a line drawn 231 <> from Pt. Bennett. 1.35 square miles. Bed 118. San Miguel Island. North of a line drawn 231 <> from Pt. Bennett to a line drawn 60 <> from Cardwell Pt. 1.51 square miles. Total Island Beds 20.65 square miles (3) Mainland Beds (Pt. Arguello to Point Montara) Bed 202. From a line drawn 270 <> from Pt. Arguello to a line drawn 270 <> from Point Sal. 0.10 square miles. Bed 203. From a line drawn 270 <> from Point Sal to a line drawn 270 <> from Pismo Beach Pier. 0.00 square miles. Bed 204. From a line drawn 270 <> from Pismo Beach Pier to a line drawn 180 <> from Point San Luis. 0.72 square miles. Bed 205. From a line drawn 180 <> from Point San Luis to a line drawn 250 <> from Point Buchon. 0.64 square miles. Bed 206. From a line drawn 250 <> from Point Buchon to a line drawn 270 <> from Morro Rock. 0.04 square miles. Bed 207. From a line drawn 270 <> from Morro Rock to a line drawn 190 <> from Point Estero. 1.46 square miles. Bed 208. From a line drawn 190 <> from Point Estero to a line drawn 230 <> from Von Helm Rock. 2.61 square miles. Bed 209. From a line drawn 230 <> from Von Helm Rock to a line drawn 200 <> from San Simeon Point. 2.20 square miles. Bed 210. From a line drawn 200 <> from San Simeon Point to a line drawn 230 <> from Point Piedras Blancas. 2.02 square miles. Bed 211. From a line drawn 230 <> from Point Piedras Blancas to a line drawn 240 <> from Salmon Head. 1.50 square miles. Bed 212. From a line drawn 240 <> from Salmon Head to a line drawn 240 <> from Cape San Martin. 1.26 square miles. Bed 213. From a line drawn 240 <> from Cape San Martin to a line drawn 240 <> from Lopez Point. 2.14 square miles. Bed 214. From a line drawn 240 <> from Lopez Point to a line drawn 240 <> from Partington Point. 2.03 square miles. Bed 215. From a line drawn 240 <> from Partington Point to a line drawn 200 <> from Pfeiffer Point. 0.80 square miles. Bed 216. From a line drawn 200 <> from Pfeiffer Point to a line drawn 200 <> from Point Sur. 3.08 square miles. Bed 217. From a line drawn 200 <> from Point Sur to a line drawn 270 <> from Yankee Point. 2.38 square miles. Bed 218. From a line drawn 270 <> from Yankee Point to a line drawn 270 <> from Point Lobos. 0.50 square miles. Bed 219. From a line drawn 270 <> from Point Lobos to a line drawn 270 <> from Point Cypress. 1.28 square miles. Bed 220. From a line drawn 270 <> from Point Cypress to a line drawn 000 <> from Monterey Pier. 1.88 square miles. Bed 221. From a line drawn 000 <> from Monterey Pier to a line drawn 180 <> from Santa Cruz Pier. 0.90 square miles. Bed 222. From a line drawn 180 <> from Santa Cruz Pier to a line drawn 240 <> from Sand Hill Bluff. 0.81 square miles. Bed 223. From a line drawn 240 <> from Sand Hill Bluff to a line drawn 240 <> from Point Ano Nuevo. 0.19 square miles. Bed 224. From a line drawn 240 <> from Point Ano Nuevo to a line drawn 270 <> from Pescadero Point. 0.06 square miles. Bed 225. From a line drawn 270 <> from Pescadero Point to a line drawn 270 <> from Point Montara. 0.00 square miles. Total area of Mainland Beds (Pt. Arguello to Point Montara) 28.60 square miles (4) Mainland Beds (Point Montara to Oregon). Bed 226. From a line drawn 270 <> from Point Montara to a line drawn 270 <> from Fort Point. 0.00 square miles. Bed 301 From a line drawn 270 <> from Fort Point to a line drawn 270 <> from Point Reyes. 0.00 square miles. Bed 302 From a line drawn 270 <> from Point Reyes to a line drawn 240 <> from Duncan's Point. 0.00 square miles. Bed 303. From a line drawn 240 <> from Duncan's Point to a line drawn 270 <> from Gualala Point. 1.33 square miles. Bed 304. From a line drawn 270 <> from Gualala Point to a line drawn 240 <> from Iverson Point 0.89 square miles. Bed 305. From a line drawn 240 <> from Iverson Point to a line drawn 330 <> from Point Arena. 1.11 square miles. Bed 306. From a line drawn 330 <> from Point Arena to a line drawn 270 <> from Stillwell Point. 1.03 square miles. Bed 307. From a line drawn 270 <> from Stillwell Point to a line drawn 270 <> from the middle of Ten-mile River. 0.93 square miles. Bed 308. From a line drawn 270 <> from the middle of Ten-mile River to a line drawn 180 <> from Point Delgada. 0.20 square miles. Bed 309. From a line drawn 180 <> from Point Delgada to a line drawn 260 <> from Point Mendocino. 0.14 square miles. Bed 310. From a line drawn 260 <> from Cape Mendocino to a line drawn 300 <> from the South jetty of Humboldt Bay. 0.0 square miles. Bed 311. From a line drawn 300 <> from the South jetty of Humboldt Bay to a line drawn 270 <> from the middle of the Klamath River. 0.00 square miles. Bed 312. From a line drawn 270 <> from the middle of the Klamath River to a line drawn 250 <> from the California-Oregon Boundary Total of mainland beds, Point Montera to Oregon Boundary 5.83 square miles Grand Total 74.13 square miles (k) Those beds not subject to lease are as follows: Mainland Beds (Pt. Mainland Beds (Pt. Arguello Arguello to to Pt. Montara) Mexico) Bed No. Square Miles Bed No. Square Miles 1 0.20 205 0.64 2 0.10 213 2.14 7 0.66 215 0.80 8 1.53 217 2.38 9 0.39 218 0.49 13 0.54 219 1.28 14 0.74 220 1.88 18 0.15 221 0.90 23 0.10 2220.81 _____ 25 0.18 Total 11.32 28 0.60 330.97 _____ Total 6.16 Mainland Beds (Pt. Montara to California-Oregon Border Bed No. Square Miles 303 1.33 304 0.89 305 1.11 306 1.03 307 Total 5.29 Island Beds Bed No. Square Miles 101 0.66 104 0.22 105 0.75 109 0.32 110 0.64 112 0.11 113 0.59 114 2.18 115 1.59 116 0.62 117 1.35 1181.51 _____ Total 10.54 Note: Authority cited: Sections 6653 and 6700, Fish and Game Code. Reference: Sections 6653 and 6700-6707, Fish and Game Code. H istory 1. Amendment and renumbering from Section 165 filed 6-11-68; effective thirtieth day thereafter (Register 68, No. 22). For prior history, see Register 67, No. 50. 2. Amendment of subsection (d) filed 8-28-68; effective thirtieth day thereafter (Register 68, No. 33). 3. Amendment of subsection (f) filed 6-30-77 as an emergency; effective upon filing (Register 77, No. 27). 4. Certificate of Compliance filed 8-24-77 (Register 77, No. 35). 5. Amendment of subsection (f) filed 3-9-81; effective thirtieth day thereafter (Register 81, No. 11). 6. Amendment of NOTE filed 10-19-81; effective thirtieth day thereafter (Register 81, No. 43). 7. Amendment filed 9-6-85; effective thirtieth day thereafter (Register 85, No. 36). 8. Amendment of subsection (k) filed 9-6-85; effective thirtieth day thereafter (Register 85, No. 36). 9. Change without regulatory effect of subsections (j)(1)-(3) filed 5-5-86; effective thirtieth day thereafter (Register 86, No. 19). 10. Amendment of subsections (b)(2), (c)(2), (g), (j)(3) and (k) filed 1-27-87; effective thirtieth day thereafter (Register 87, No. 5). 11. Amendment of subsections (b)(1), (c)(1) and (j)(3) filed 7-14-88; operative 8-13-88 (Register 88, No. 30). 12. Amendment of subsections (b)(2), (c)(2), (g), and (j) filed 12-3-90; operative 1-2-91 (Register 91, No. 4). 13. Amendment filed 3-26-96; operative 3-26-96 pursuant to Government Code section 11343.4(d) (Register 96, No. 13). 14. Amendment of subsections (b), (b)(1) and (k) filed 10-25-2001; operative 11-24-2001 (Register 2001, No. 43). s 165.7. Granting and Issuance of Permits to Control Sea Urchins in Kelp Beds. Note: Authority cited: Section 6653, Fish and Game Code. Reference: Sections 6650-6751, Fish and Game Code. s 166. Salmon: Importation and Sale. Regulations prescribed for importation of salmon into the state, and for the sale of salmon during the closed season. As used herein, the word "salmon" means all such fish except those caught under authority of a sport fishing license. (a) Importation of Salmon. All salmon, fresh or frozen, imported into this state for human consumption shall be in such condition that the size and species can be determined as set forth by Section 2361 of the Fish and Game Code. Salmon legally taken and imported into this state for sale may be transported overland provided: (1) Such salmon are shipped under a bill of lading issued at point of origin of shipment, a copy of which is possessed by the carrier during transport, showing the point of origin of shipment, the point of delivery to consignee, and listing all fish by species and weight; (2) Prior notice of at least 12 hours for each shipment shall be provided the department office nearest the point of entry into the state during nor mal working hours (8:00 a.m.-5:00 p.m., Monday-Friday). Notice shall include approximate time of entry into the state and the route of travel through the state; (3) The importer shall furnish the office, notified in sub-paragraph (2), a copy of the bill of lading covering each importation received by said importer within 24 hours of the receipt of the shipment; (4) Within 14 days after the close of the season the owner or possessor of salmon, which are being held for sale during the closed season, shall furnish the department with a written inventory of all salmon held in possession. The inventory shall declare the address of each cold storage plant where salmon are stored as well as the amount in pounds of such salmon held in each of the cold storage plants. All withdrawals of salmon from such cold storage plants shall be accompanied by a delivery manifest, and a copy of said manifest shall be mailed to the nearest department office on the same date as the withdrawal. The cold storage delivery manifest shall declare: weight of salmon, name and address to whom delivery was made, and date and time of withdrawal. (b) Sale of Salmon During the Closed Season. Salmon legally taken or imported may be sold during the closed season as herein provided: (1) Salmon transported during the period when such fish may not be taken for commercial purposes shall be accompanied by sale receipt or bill of lading. Lots of salmon exceeding fifty pounds shall be transported under bill of lading. The original copy of the bill of lading shall be retained by the consignee for a period of one year and be shown upon demand of any officer authorized to enforce regulations dealing with salmon. Note: Authority cited: Section 8213, Fish and Game Code. Reference: Section 8213, Fish and Game Code. s 167. Penalties in Lieu of Suspension or Revocation -Salmon Permittees. Pursuant to the provisions of Section 8237 of the Fish and Game Code, the Commission, after notice and an opportunity to be heard, may suspend or revoke the commercial salmon fishing privileges of any person licensed or required to be licensed under the authority of Sections 7852.5 and 7860 of the Fish and Game Code upon conviction of a commercial salmon fishing violation. Notwithstanding this provision, the Executive Secretary of the Commission may enter into a stipulated compromise settlement agreement with the agreement of the licensee on terms and conditions which may include, but are not limited to, the payment of monetary penalties, the reduction of a revocation to a suspension for a specified period of time, a period of probation not to exceed three years or any other terms and conditions, mutually agreed upon by the Executive Secretary acting for the Commission and the licensee, without further hearing or appeal. Conviction of multiple violations, committed at the same time shall be treated as one conviction for the purposes of implementing the provisions of this section. A compromise settlement agreement may be entered before, during or after the Commission hearing on the matter, but is valid only if executed and signed by the Executive Secretary and the licensee prior to the adoption of the decision by the Commission. Any monetary penalty included in a compromise settlement agreement shall be within the range of monetary penalties as prescribed in subsection (a) of these regulations and shall be due and payable within 30 days after the compromise is entered into. Any and all funds submitted as payment in whole or in part by a licensee of any monetary penalties stipulated in a compromise settlement agreement shall be nonrefundable. If the licensee fails to perform all of the terms and conditions of the compromise settlement agreement, such agreement is thereby declared void and the Commission, notwithstanding the compromise settlement agreement, may take any action authorized by Section 8237 of the Fish and Game Code against the licensee. (a) Procedures for determining monetary penalties: (1) Monetary penalties (score range multiplied by the monetary range) for compromise settlement agreements shall be based on the following point system: SCORE RANGE MONETARY RANGE (Total Points) 1-20 $200 per point as provided in subsection (a)(2) below. 21+ $400 per point as provided in subsection (a)(2) below. (2) The score range shall be based on a cumulative total of the points assigned in this subsection: (A) GRAVITY OF THE VIOLATION. 1. Take of undersize salmon, when such fish comprise (Note: the following points assigned shall be doubled if any part of the load or lot was intentionally hidden by the licensee): a. 1-25 percent of the total load or lot of salmon. (i) When there are 3 or less undersized salmon 1 point, plus 1/2 point for in the total load or lot. each undersized fish (ii) When there are more than 3 undersized 3 points, plus 1/2 point for salmon in the total load or lot. each undersized fish b. 26-50 percent of the total load or lot of salmon. (i) When there are 3 or less undersized salmon 2 points, plus 1/2 point for in the total load or lot. each undersized fish (ii) When there are more than 3 undersized 4 points, plus 1/2 point for salmon in the total load or lot. each undersized fish c. 51-100 percent of the total load or lot of salmon. (i) When there are 3 or less undersized salmon 3 points, plus 1/2 point for in the total load or lot. each undersized fish (ii) When there are more than 3 undersized 1 point, plus 1 point for each salmon in the total load or lot. fish 2. Take of silver salmon which are unlawfully retained during the closed season for silver salmon but during the open season for king salmon, when such fish comprise (Note: The following points assigned shall be doubled if any part of the load or lot was intentionally hidden by the licensee): a. 1-25 percent of the total load or lot of silver salmon. (i) When there are 3 or less silver salmon in the for each silver salmon total load or lot . 1 point, plus 1/2 point (ii) When there are more than 3 silver salmon in the 3 points, plus 1/2 total load or lot. point for each silver salmon b. 26-50 percent of the total load or lot of silver salmon. (i) When there are 3 or less silver salmon in the 2 points, plus 1/2 total load or lot. point for each silver salmon (ii) When there are more than 3 silver salmon in the 4 points, plus 1/2 total load or lot. point for each silver salmon c. 51-100 percent of the total load or lot of silver salmon. (i) When there are 3 or less silver salmon in the 3 points, plus 1/2 total load or lot. point for each silver salmon (ii) When there are more than 3 silver salmon in the 1 point, plus 1 point total load or lot. for each silver salmon 3. Take of salmon during closed salmon season. 5 points 4. Take of salmon within a closed area. a. When the vessel is found fishing within one mile 2 points inside the closure boundary. b. When the vessel is found fishing within more than 5 points one mile inside the closure boundary. 5. Transfer of salmon from nonpermitted vessel to a 10 points permitted vessel. 6. Use of more than six wires or lines. 10 points 7. Use of barbed hooks: for each 5 hooks or portion 1 point thereof. 8. Take of salmon; no valid commercial license in 2 points, plus purchase possession. of required license 9. Take of salmon; no valid commercial salmon vessel 10 points permit in possession. 10. Take of salmon; no valid commercial fishing salmon 2 points, plus purchase stamp in possession. of required stamps 11. Failure to document landing. 2 points 12. Any other commercial salmon fishing violation. 1 point (B) PRIOR VIOLATIONS. 1. For each prior conviction of the licensee within the past three years for violations of the laws or regulations pertaining to the commercial take of salmon, the following additional points shall be assessed: a. For one prior conviction for a violation of the commercial salmon fishing laws or regulations within the past three years, the accumulative point score shall be doubled to determine the total point score. b. For two prior convictions for violations of the commercial salmon fishing laws or regulations within the past three years, the accumulative point score shall be tripled to determine the total point score. c. The provisions of this section regarding compromise settlement agreements shall not apply to any person who has been convicted of three or more convictions, as defined in this section, of the commercial salmon laws or regulations within the past three years or if action is brought to recover civil damages under Section 2014 of the Fish and Game Code from the person subject to action under this section. (2) All monetary penalties for compromise agreements for points assigned under subsection (a)(2)(A)1. through (a)(2)(A)7. are resource oriented and, therefore, all monetary penalties assessed under these subsections shall be deposited by the Department into the special account established by Section 7861 of the Fish and Game Code. All other monetary penalties assessed under this section shall be deposited by the Department to the Fish and Game Preservation Fund. Note: Authority cited: Sections 8246 and 8246.2, Fish and Game Code. Reference: Sections 8246 and 8246.2, Fish and Game Code. s 167.2. Domestically Reared Striped Bass. Note: Authority cited: Sections 2361, 2363, 2430, 2431, 7701, 7708, 8213 and 8431, Fish and Game Code. Reference: Sections 2353, 2361, 2430-2433, 7700-7710.5, 8213 an 8431, Fish and Game Code. s 167.3. Sale of Marine Life Produced Under Mariculture License. Note: Authority cited: Sections 7708, 15005, 15200, 15202 and 15402, Fish and Game Code. Reference: Sections 7708, 15005, 15200, 15202 and 15402, Fish and Game Code. s 168. Fish, Packaged or Tagged. Note: Authority cited: Sections 1038, 2430-2433, 8435 and 8436, Fish and Game Code. Reference: Sections 2430-2433, 8435 and 8436, Fish and Game Code. s 169. Permit to Operate Domesticated Anadromous Fishery on Davenport Landing Creek (Santa Cruz County). Note: Authority cited: Sections 1050, 6570, 15005, 15101 and 15200, Fish and Game Code. Reference: Sections 1050, 6570-6578, 15101 and 15200-15202, Fish and Game Code. s 169.1. Permits to Operate Domesticated Anadromous Fishery in Elk Creek (Mendocino County). Note: Authority cited: Sections 6550 and 6555, Fish and Game Code. Reference: Sections 6550 and 6555, Fish and Game Code. s 170. Commercial Packaging of Dead, Domestically-Reared Fish. Note: Authority cited: Sections 1050, 15005 and 15101, Fish and Game Code. Reference: Sections 1050, 15000-15005 and 15101, Fish and Game Code. s 170.5. Domesticated Fish Breeders' Signs. Note: Authority cited: Section 15400, Fish and Game Code. Reference: Section 15400, Fish and Game Code. s 171. Importation of Live Catfish. No live catfish of the following species: channel catfish ( Ictalurus Punctatus), blue catfish ( Ictalurus furcatus), white catfish ( Ictalurus catus), flathead catfish ( Pylodictis olivaris), brown bullhead ( Ictalurus nebulosus), black bullhead ( Ictalurus melas) or yellow bullhead ( Ictalurus natalis) may be imported into California. Note: Authority cited: Section 6401, Fish and Game Code. Reference: Sections 2270-2272, 6300-6306, and 6400-6401, Fish and Game Code. s 171.1. Importation of Live Striped Bass. Note: Authority cited: Sections 2118 and 6401, Fish and Game Code. Reference: Sections 2116-2191, 2270-2272 and 2301-2304, Fish and Game Code. s 171.5. Importation of Eggs of Fishes of the Family Salmonidae (Trout, Char, and Salmon). Note: Authority cited: Sections 2118, 6401 and 15600, Fish and Game Code. Reference: Sections 2116-2191, 6401 and 15600, Fish and Game Code. s 172. Possession of Trawl or Drag Nets in Districts 4, 19, 19A, 19B, and 21. Trawl or drag nets may be possessed for the purpose of transportation in Fish and Game Districts 4, 19, 19A, 19B, and 21. Note: Authority cited: Section 8833, Fish and Game Code. Reference: Sections 8830-8843, Fish and Game Code. s 173. Midwater Trawls. Note: Authority cited: Section 8830.5, Fish and Game Code. Reference: Sections 8830-8843, Fish and Game Code. s 174. Permit to Use Gill Nets or Trammel Nets for Commercial Purposes. (a) Permit Required. (1) The owner or operator of a vessel using a gill net or trammel nets shall have obtained a valid gill net/trammel net permit and shall be in possession of said permit when engaged in gill netting or trammel netting activities except as provided under subsection (i). Except as otherwise provided, it is unlawful to fish with a gill net or trammel net unless a permittee is aboard the vessel. (2) To Whom Issued. The department shall issue permits to the owner or operator of a currently registered commercial fishing vessel who has qualified pursuant to subsection (b). (3) Where Issued. Permits shall be issued at department offices in Eureka, Menlo Park, Monterey, Long Beach and San Diego. (b) Qualifications for the Permit. To qualify for a permit, an applicant shall: (1) Have worked as a crewmember for at least 12 months on vessels using gill nets or trammel nets and shall have worked at least 180 days at sea on such vessels; or (2) Pass a proficiency examination administered by the department. The proficiency examination shall include written and performance tests which demonstrate knowledge of the proper use of gill nets or trammel nets. (3) Prove to the director's satisfaction that as the owner or operator of a legally registered commercial fishing vessel, he has landed at least 10,000 pounds of fish during a 12-month period, or has landed fish during a 12-month period for which he was paid at least $10,000. Only landings of fish caught by the use of gill nets or trammel nets shall be used to satisfy the catch requirements of this subsection; or (4) Prove to the director's satisfaction that as the owner or operator of a legally registered commercial fishing vessel, he has landed at least 1,000 pounds of fish taken in gill nets or trammel nets in 4 of the 5 license years prior to the date of application; or (5) Have possessed a permit issued pursuant to this section during the previous season and shall have complied with subsection (f) of these regulations. (6) Only landings and crewmember experience occurring during the five year period prior to the date of application shall be used to meet the requirements of subsection (b). The applicant shall supply documentation that he was a legally licensed commercial fisherman when he made the required landings or met the crewmember experience requirements. Crewmember experience shall be documented by fishing records submitted to the department as required by subsection (j), or by a notarized document signed by the owner or operator of vessels oil which the applicant has completed the required experience. Landings of fish shall be verified by the submission of copies of landing receipts. (c) Limitations of Permit. Permits are nontransferable. Not more than one permit shall be issued to any person. (d) Duration of Permit. Except as otherwise provided, permits issued pursuant to these regulations, shall be in force from April 1 through March 31 of the following year, or if issued after the beginning of such term, for the remainder thereof. (e) Cost of Permit. See section 8683 of the Fish and Game Code. (f) Records. Pursuant to section 190 of these regulations, each permittee shall complete and submit an accurate record of all gill net and trammel net fishing activities on a form (Gill and Trammel Net Log, DFG 174 (10/89), see Appendix A) provided by the department. (g) Conditions of Permit. Provisions of the Fish and Game Code relating to commercial fish except as modified by the provisions of these regulations, shall be a condition of all permits to be fully performed by the holders thereof, their agents, servants, employees or those acting, under their direction or control. (h) Revocation of Permits. A permit may be revoked or canceled by the commission for a period not to exceed one year from the date of revocation upon a conviction for a violation of a provision of article 5, chapter 3, part 3, division 6 of the Fish and Game Code, or any regulation authorized by this article, or the terms or conditions of this section by the holders thereof, their agents, servants, employees, or those acting under their direction and control. (i) Exemptions from Permit. The owner or operator of a vessel operating under a permit issued pursuant to section 163, title 14, CAC, is not required to possess the permit authorized by this section. Note: Authority cited: Section 8682, Fish and Game Code. Reference: Sections 1050, 1700, 8568, 8680, 8681, 8682 and 8683, Fish and Game Code. s 174.5. Gill Nets and Trammel Nets -Areas with Restricted Fishing. Note: Authority cited: Section 8664.5, Fish and Game Code. Reference: Sections 1700, 3515 and 4500, Fish and Game Code. s 174.7. Gill Nets and Trammel Nets -District 18. Note: Authority cited: Section 8664.5(b), Fish and Game Code. Reference: Sections 1700, 4500, 4700 and 8664.5, Fish and Game Code. s 175. Trawl Nets. Note: Authority and reference cited: Section 7652, Fish and Game Code. s 176. Trawl Fishing Activity Records. Pursuant to Section 190 of these regulations, the master or his designee of any vessel operating any trawl net in the public waters under the jurisdiction of the state, or taking fish by such net without the state and bringing them into the state, shall complete and submit an accurate record of fishing activities on a form (Trawl Trip Log, DFG 176 (10/89), see Appendix A) provided by the department. Note: Authority cited: Section 8026, Fish and Game Code. Reference: Section 8026, Fish and Game Code. s 180. Traps. Revocable, nontransferable permits to use traps for commercial purposes may be issued by the department to take fish, mollusks and crustaceans except market crabs (Cancer magister) and lobster under the following conditions: (a) Permits will include conditions under which traps shall be used to take fish, mollusks or crustaceans. No person shall use any trap except as authorized in a permit. The taking of spot prawns shall be subject to the conditions of this section and section 180.1. (b) Every person who takes or assists in taking fish, mollusks, or crustaceans with any trap or who possesses or transports fish, mollusks, or crustaceans on any boat, barge, or vessel when any trap is aboard, shall have in his possession a valid permit issued to him pursuant to this section while engaged in any such activity. (c) The department may inspect the traps at any time. (d) Records. Pursuant to section 190 of these regulations, each permittee may be required by the department to complete and submit an accurate log of the fishing operations on a form (Daily Trap Log, DFG 180A (10/89) or Daily Sablefish Trap Log, DFG 180B (10/89), see Appendix A) provided by the department. (e) Traps must be marked by buoys as specified by the department. (f) All traps must have at least one destruct device of a type authorized by the department. (g) The permit may be suspended temporarily by the Director for a breach or violation of the terms of the permit by the holder thereof, or any member of his crew on the designated vessel. In addition, the permit may be temporarily suspended or denied by the Director if he determines that the trap or its operation is detrimental to any of the ocean's living marine resources. The commission shall be notified of any such suspension, and subsequently may revoke or reinstate the permit or fix the period of its suspension after written notice to the permittee and after he has been afforded an opportunity to be heard. In the event a permit is denied by the Director the applicant may apply to the commission for an experimental gear permit under Section 8606 of the Fish and Game Code. (h) The permit number of the boat operator shall be displayed on both sides of the boat in ten-inch black numbers on a white background. All permittees aboard the boat shall be mutually responsible for the proper display of the numbers. (i) Cost of Permit. The fee for this permit shall be the amount specified in Section 9001, Fish and Game Code. (j) Exemption from Tidal Invertebrate Permit. A commercial fisherman operating under the provisions of a commercial trap permit and lobster operator permit is not required to possess a Tidal Invertebrate Permit, but is subject to the provisions of Section 123. Note: Authority cited: Sections 7701, 7708, 8491 and 8500, Fish and Game Code. Reference: Sections 7700-7710.5, 8490, 8491, 8500, 9000-9011 and 9015, Fish and Game Code. s 180.1. Spot Prawn (Pandalus platyceros) Fishing. Spot prawns may only be taken by trawl nets for commercial purposes pursuant to subsection 120.3(g) of these regulations, or by traps, pursuant to sections 180, 180.2, 180.5 and this section. (a) No trap may be used to take spot prawns from November 1 through January 31, between a line drawn due west from Point Arguello, Santa Barbara County and the United States - Mexico boundary. No trap may be used to take spot prawns from May 1 through July 31 between a line drawn due west from Point Arguello, Santa Barbara County, and the California-Oregon boundary. (1) Spot prawn traps may be set and baited no earlier than 0600 hours (6:00 a.m.) on January 31 in waters south of a line drawn due west from Point Arguello, and no earlier than 0600 hours (6:00 a.m.) on July 31 in waters north of a line drawn due west from Point Arguello. (2) In areas in which the season closure begins November 1, all traps must be removed from the water prior to November 1, weather and sea conditions permitting. In areas in which the season closure begins May 1, all traps must be removed from the water prior to May 1, weather and sea conditions permitting. In the event that a permittee is unable to comply with this subdivision, then that person must notify the nearest department office via telephone or FAX and certified mail not later than 1600 hours (4:00 p.m.) on November 1 or May 1, whichever is applicable, stating the reason for the delay and the anticipated date of trap removal. Notification does not relieve the permittee of responsibility for complying with this subdivision unless approved by the department. (3) All spot prawns taken in any trap during the closed season shall be immediately returned to the water and no spot prawn may be possessed aboard, or landed from, any vessel operating under authority of a spot prawn trap permit in any area during the closed season in that area. (b) All spot prawn traps shall be made of mesh with a minimum inside measurement of 7/8 inch by 7/8 inch, such that a 7/8 inch square peg passes through the mesh without stretching the mesh. (Note: Fathom Plus Traps may be used to take spot prawns.) (c) Trap Limits. (1) Tier 1 and Tier 3 trap limits. Not more than 500 traps may be used from any Tier 1 or Tier 3 vessel to take spot prawns except that not more than 300 traps may be used from any Tier 1 or Tier 3 vessel to take spot prawns within three miles of the mainland shore between a line drawn due west from Point Arguello, Santa Barbara County, and the California-Oregon boundary. (2) Tier 2 trap limits. Not more than 150 traps may be used from any Tier 2 vessel. (d) Each string of spot prawn traps shall be marked with a buoy bearing the commercial fishing license identification number issued to the owner or operator of the vessel. Note: Authority cited: Sections 711 and 8591, Fish and Game Code. Reference: Sections 710.7, 711, 8140, 8590, 8591, 8593, 8594, 8595, 8842, 9000, 9001, 9004-9008 and 9015, Fish and Game Code. s 180.2. Trap Destruction Devices. Pursuant to the provisions of Section 9003 of the Fish and Game Code, every trap used to take fin fish, mollusks or crustaceans shall contain at least one destruction device that complies with the specifications described in this Section. The use of any structures or materials that defeat or interfere with the purpose of the destruct device is prohibited. (a) Escape openings. (1) Each trap destruct device shall create an unobstructed escape opening in the top or upper half of the trap of at least 5 inches in diameter when the destruct attachment material corrodes or fails, except for traps used under authority of a Tanner Crab Trap Vessel Permit. (2) Traps used under authority of a Tanner Crab Trap Vessel Permit shall have an unobstructed escape opening in any sidewall or on the top of the trap; the escape opening shall not be on the floor of the trap. The opening shall measure not less than 11 inches taken at its smallest inside diameter. If the opening is non-rigid or contained within pliable mesh, the smallest inside diameter measurement shall be taken so that a rigid cylindrical measuring device 11 inches in its outside diameter and at least 6.5 inches in length shall be able to pass easily through the opening. (b) The escape opening on each trap must be closed with one of the following destruct attachment materials: (1) 14 gauge (.080 + or - .003 inch) or smaller metal hog rings excluding stainless steel or other non-corrodible materials; (2) untreated cotton twine size No. 21-thread or less, except that traps used to take Dungeness, Tanner or rock crabs are limited to a single strand of untreated cotton twine size No. 120 or less; (3) 24 gauge (.028 + or - .003 inch) or smaller uncoated bare metal crimps excluding stainless steel or other non-corrodible materials; (4) magnesium pins not larger than one-quarter (.25) inch in diameter which may be used to hold together each half of plastic or fiberglass traps or may be used to attach the lid or door; or (5) The use of rubber straps attached to metal or plastic hooks with a single loop of untreated cotton twine size No. 120 or less may be used to close the trap provided they are attached in such a manner as to aid the destruct process. The use of any rubber strap or non-corrosive material that defeats or interferes with the purpose of the destruct panel is prohibited. (c) [Operative until July 16, 2006] Notwithstanding subsection (a) above, traps used to take Dungeness crabs, which are constructed of wire mesh, may have up to three meshes (described as "V"s or a "W" and a "V") that protrude into the destruct device opening provided that the points of each of these meshes are separated by at least one side (bar) of an adjoining mesh that has been removed and each of the meshes extend into the opening a distance of not more than 2 1/2 inches, as measured from the perimeter of the opening along either edge of the protruding wire mesh, to serve as an anchor for the destruct attachment material. On Dungeness crab traps constructed of wire mesh, the panel containing the destruct device and the wire mesh acting as an anchor for the destruct material must be constructed of a single wire no greater than .050 inches in diameter. This subsection shall become inoperative on July 16, 2006 and is repealed effective that date. (c) [Operative July 16, 2006] Notwithstanding subsection (a) above, traps used to take Dungeness crabs, which are constructed of wire mesh, may have not more than a single wire mesh (described as a "V") that protrudes into the destruct device opening provided that mesh extends into the opening a distance of not more than 2 1/2 inches, as measured from the perimeter of the opening along either edge of the protruding wire mesh, to serve as an anchor for the destruct attachment material. On Dungeness crab traps constructed of wire mesh, the panel containing the destruct device and the wire mesh acting as an anchor for the destruct material must be constructed of a single wire no greater than .050 inches in diameter. This subsection shall become operative on July 16, 2006. Note: Authority cited: Sections 7090, 7708, 8500 and 9003, Fish and Game Code. Reference: Sections 7090, 8500, 9003 and 9008, Fish and Game Code. s 180.3. Restricted Access Spot Prawn Trap Fishery. (a) Control Date. A control date of January 1, 1999, is established for the purpose of developing a restricted access spot prawn trap fishery. Only those vessels which have made at least one spot prawn landing with trap gear before this date may be considered for inclusion in the restricted access trap fishery. Additional vessels which have made landings of spot prawns with trawl gear between 1994 and 2001 also may be considered for inclusion in the restricted access spot prawn trap fishery (trawl conversion program). (b) Permit Requirement, Classification of Permits and Permit Conditions. Effective April 1, 2002, no person shall use a vessel to land spot prawns for commercial purposes using traps authorized pursuant to Sections 8591 and 9001 of the Fish and Game Code, unless the owner of that vessel has a general trap permit, issued pursuant to Section 9001 of the Fish and Game Code, and a spot prawn trap vessel permit for that vessel that has not been suspended or revoked. (1) Tier 1 Permits. Spot prawn trap vessel permits issued pursuant to subsection (c)(1) shall be considered as Tier 1 permits, and permitted vessels are authorized to use the number of traps specified for Tier 1 permits pursuant to Section 180.1(c), Title 14. (2) Tier 2 Permits. Spot prawn trap vessel permits issued pursuant to subsection (c)(2) shall be considered as Tier 2 permits, and permitted vessels are authorized to use the number of traps specified for Tier 2 permits pursuant to Section 180.1(c), Title 14. Permitted vessels with Tier 2 permits may not exceed a maximum of 5000 pounds of spot prawns landed in any permit year. The revenue from any landings in excess of 5000 pounds in any permit year shall be forfeited to the department. (3) Tier 3 Permits. Spot prawn trap vessel permits issued pursuant to subsection (c)(3) shall be considered as Tier 3 permits, and permitted vessels are authorized to use the number of traps specified for Tier 3 permits pursuant to Section 180.1(c), Title 14. Tier 3 permits shall also be known as trawl conversion permits. (c) Initial Issuance Criteria. A spot prawn trap vessel permit for a specific tier shall be issued only to the following persons for use on qualifying vessels: (1) Tier 1 Permits. A person who is the owner of a commercial fishing vessel that has been registered with the department pursuant to Section 7881 of the Fish and Game Code in each of the 1997-98, 1998-99, and 1999-2000 permit years, and has made landings of spot prawns utilizing traps on or before January 1, 1999, as documented by landing receipts that were delivered to the department pursuant to Section 8046 of the Fish and Game Code, and who has satisfied at least one of the following minimum vessel-based landing requirements: (A) at least 20 landings of spot prawns, utilizing traps, in each of the calendar years 1997, 1998, and 1999; (B) at least 2,000 pounds of spot prawns landed, utilizing traps, in each of the calendar years 1997, 1998, and 1999; (C) at least 10,000 pounds of spot prawns landed, utilizing traps, in each of the calendar years 1998 and 1999. (2) Tier 2 Permits. (A) A person who is the owner of a commercial fishing vessel that has been registered with the department pursuant to Section 7881 of the Fish and Game Code in each of the 1997-98, 1998-99, and 1999-2000 permit years, and has made landings of spot prawns utilizing traps on or before January 1, 1999, as documented by landing receipts that were delivered to the department pursuant to Section 8046 of the Fish and Game Code, and who does not satisfy any of the minimum landing requirements in subsection (c)(1) and has satisfied at least one of the following minimum vessel-based landing requirements: 1. at least 10 landings of spot prawns, utilizing traps, in calendar year 1998; 2. at least 1,000 pounds of spot prawns landed, utilizing traps, in calendar year 1998. (B) Any individual, who has been licensed as a California commercial fisherman for at least 20 years, and who has participated in the commercial spot prawn trap fishery for at least one of those years, and who has made at least 20 landings of spot prawns, using traps, totaling at least 10,000 pounds in one of those years, shall be issued a Tier 2 permit. (3) Tier 3 Permits. Prawn points will be used to determine eligibility for initial issuance of Tier 3 permits. Any person who is the owner of a commercial fishing vessel that has been registered with the department pursuant to Section 7881 of the Fish and Game Code between 1994 and 2001 will receive points based on spot prawn landings made utilizing trawl gear. (A) Points will be awarded to a vessel based on landing history between January 1, 1994 through December 31, 2001 as documented by fish landing receipts that were submitted to the department pursuant to Section 8046 of the Fish and Game Code in the vessel's name and commercial boat registration number as follows: 1. One hundred prawn points will be earned for each calendar year in which the vessel made a landing of spot prawn with trawl gear between 1994 and 2001. 2. One prawn point will be earned for every 500 pounds of spot prawn the vessel landed with trawl gear between 1994 and 2001; and 3. One prawn point will be earned for each landing of spot prawn a vessel made with trawl gear between 1994 and 2001; (B) A vessel must have in excess of 1,000 prawn points to qualify for initial issuance of a Tier 3 permit. (d) Capacity Goal. The commission has determined that the spot prawn trap fishery capacity goal for Tier 1 and Tier 3 permits combined shall be 17. The commission has determined that the spot prawn trap fishery capacity goal for Tier 2 permits shall be 0. (e) Application Deadline for Initial Issuance of Spot Prawn Trap Vessel Permits. (1) Tier 1 and Tier 2 Permits. All applications and permit fees for initial issuance of Tier 1 and Tier 2 spot prawn trap vessel permits must be received by the department or, if mailed, must be postmarked no later than June 30, 2002. Applications for initial issuance of a spot prawn trap vessel permit received from July 1 through July 31, 2002 shall be considered late and will be assessed a late fee. Applications and monies due for the initial issuance of Tier 1 and Tier 2 spot prawn trap vessel permits not received or, if mailed, not postmarked, by July 31, 2002 shall be returned to the applicant unissued. (2) Tier 3 Permits. All applications (FG 1424 (new, 8/04) incorporated by reference herein) and permit fees for initial issuance of Tier 3 spot prawn trap vessel permits must be received by the department or, if mailed, must be postmarked no later than February 28, 2005. Applications for initial issuance of Tier 3 spot prawn trap vessel permits received from March 1 through March 31, 2005 shall be considered late and will be assessed a late fee pursuant to subsection (n). Applications and monies due for initial issuance of Tier 3 spot prawn trap vessel permits not received or, if mailed, not postmarked, by March 31, 2005 shall be returned to the applicant unissued. (f) Minimum Landing Requirements for Spot Prawn Trap Vessel Permit Renewal. No minimum landings of prawns shall be required to be eligible for renewal of a spot prawn trap vessel permit. (g) Annual Spot Prawn Trap Vessel Permit Renewal. Applications (FG 1422 (8/03) or FG 1424 (new, 8/04) incorporated by reference herein) for renewal of a spot prawn trap vessel permit shall be received by the department, or, if mailed, postmarked, by April 30 of each year. Applications for a spot prawn trap vessel permit received from May 1 to May 31 will be assessed a late fee pursuant to subsection (n). Spot prawn trap vessel permit renewals received after May 31, or if mailed, postmarked after May 31, shall become expired, shall be returned unissued to the applicant, and shall no longer be eligible for renewal in subsequent years. (h) Presence of Owner on Vessel. An owner of the vessel to which the spot prawn trap vessel permit has been issued must be on the vessel when spot prawns are being taken or landed, except that one additional operator may be designated during a license year by informing the department in writing with a letter sent to Department of Fish and Game, Marine Region, 20 Lower Ragsdale Drive, Suite 100, Monterey, California 93940. (i) Appeal for Reinstatement of an Expired Spot Prawn Trap Vessel Permit. Any applicant who is denied issuance of a spot prawn trap vessel permit for failure to submit an application prior to the application deadline may appeal to the department in writing. The appeal for reinstatement of an expired spot prawn trap vessel permit shall be received by the department or, if mailed, postmarked on or before March 31 following the permit year in which the applicant last held a valid spot prawn trap vessel permit. (j) Revocation of Permit. A spot prawn trap vessel permit shall be revoked if the permittee fails to: (1) renew the permit or annually renew his or her commercial fishing license issued pursuant to Section 7852 of the Fish and Game Code; or (2) submits false information for the purposes of obtaining a spot prawn trap vessel permit. (k) Transfer of a Spot Prawn Trap Vessel Permit to Another Vessel. A transfer of a spot prawn trap vessel permit may be approved for use on a replacement vessel only if all of the following criteria are met: (1) In the form of a notarized letter, the owner of the vessel which is issued a permit shall submit an application for transfer of a Spot Prawn Trap Vessel Permit to the department. (2) The vessel owner pays the non-refundable transfer fee specified in subsection (n). (3) Unless the vessel was lost, stolen, or destroyed, a permit may not be transferred more than once during any 12-month period. (4) The spot prawn trap vessel permit for the permitted vessel is current. (5) The permitted vessel owner has written authority from the legal owner and/or partners, or mortgager, of the vessel, to which the permit shall be transferred, to transfer the spot prawn trap vessel permit from the permitted vessel. (l) Change of Ownership of a Spot Prawn Trap Vessel Permit. (1) Tier 2 spot prawn trap vessel permits shall not be transferred to another person. Tier 2 permits shall become null and void upon death of the permit holder. (2) All Tier 1 spot prawn trap vessel permits shall be transferable to another person, but not more than once within any 3-year period, and not before April 1, 2005. Upon the death of the permittee, transfer of a Tier 1 spot prawn vessel permit may be considered if the estate makes application, in the form of a notarized letter, for the transfer within one year of the date of death as listed on the death certificate. (3) Tier 3 spot prawn trap vessel permits shall not be transferred to another person. Tier 3 permits shall become null and void upon death of the permit holder. (4) A change of ownership of a Tier 1 spot prawn trap vessel permit to another person may be approved only if the vessel owner submits a written request for change of ownership to the department and pays a non-refundable change of ownership fee. Thereafter, upon notice to the department, the person purchasing the spot prawn trap vessel permit may use that permit for the taking and landing of spot prawns for any and all of the unexpired portion of the permit year, provided the following requirements are met: (A) the person purchasing the permit shall have a valid commercial fishing license issued pursuant to Section 7852 of the Fish and Game Code that has not been suspended or revoked, and a general trap permit issued pursuant to Section 9001 of the Fish and Game Code, (B) the person is the owner of a commercial fishing vessel that has been registered with the department pursuant to Section 7881 of the Fish and Game Code. The person receiving the permit shall be eligible for a permit, pursuant to the provisions of this section, for the use of that vessel in subsequent years. (5) Notwithstanding the transfer of ownership provisions in subsection (l) for Tier 1, upon the death of a spot prawn trap vessel Tier 1 permittee the estate may apply to the department to transfer that permit to the estate. The application for transfer shall be received by the department within one year of the death of the permittee. (m) Appeals. (1) Any applicant who is denied initial issuance of a spot prawn trap vessel Tier 1 or Tier 2 permit for any reason may appeal that denial to the department in writing describing the basis for the appeal. The appeal shall be received or, if mailed, postmarked no later than March 31, 2003. Any applicant who is denied initial issuance of a Tier 3 spot prawn trap vessel permit for any reason may appeal that denial to the department in writing describing the basis for the appeal. The appeal shall be received or, if mailed, postmarked no later than September 30, 2005. The appeal shall be reviewed and decided by the department. The decision of the department may be appealed in writing to the commission within 60 days of the date of the department's decision (2) Any applicant who is denied renewal of a spot prawn trap vessel permit may appeal the denial to the department in writing describing the basis for the appeal. The appeal shall be received or, if mailed, postmarked no later than March 31 following the permit year in which the applicant last held a valid spot prawn trap vessel permit. The appeal shall be reviewed and decided by the department. The decision of the department may be appealed in writing to the commission within 60 days of the date of the department's decision. (3) Any applicant who is denied transfer of a spot prawn trap vessel permit may appeal the denial to the department in writing describing the basis for the appeal. The appeal shall be reviewed and decided by the department. The decision of the department may be appealed in writing to the commission within 60 days of the date of the department's decision. (n) Fees. (1) Tier 3 Initial Issuance Fee. The department shall charge a fee for each Tier 3 spot prawn trap vessel permit of $1,015. (2) Annual Renewal Fee. The department shall charge an annual fee for each Tier 1 and Tier 2 spot prawn trap vessel permit of $253.75. The department shall charge an annual renewal fee for each Tier 3 spot prawn trap vessel permit of $1,015. (3) Vessel Transfer Fee. The department shall charge a non-refundable fee of $200 for each vessel transfer. (4) Change of Ownership Fee. The department shall charge a non-refundable fee of $50 for each change of ownership of the spot prawn trap vessel permit. (5) Initial Issuance Late Fees. The department shall charge a non-refundable late fee of $50 if an application for initial issuance of a Tier 1 or Tier 2 spot prawn trap vessel permit is received from July 1 to July 31, 2002. The department shall charge a non-refundable late fee of $50 if an application for initial issuance of a Tier 3 spot prawn trap vessel permit is received from March 1 to March 31, 2005. (6) Renewal Late Fee. The department shall charge a non-refundable late fee of $50 if an application for renewal of a spot prawn trap vessel permit is received from May 1 to May 31. Note: Authority cited: Sections 713 and 8591, Fish and Game Code. Reference: Sections 8101, 8591, 8593, 8594, 8595, 9000, 9001 and 9015, Fish and Game Code. s 180.4. Finfish Trap Construction. The entrance funnels of finfish traps used in waters between Point Arguello, Santa Barbara County and Point Montara, San Mateo County, shall have a rigid inside entrance diameter of not greater than 5.00 inches. Funnels constructed of a readily deformable material such as "chicken wire" and commonly referred to as "pulled" shall have a rigid metal ring of not greater than 5.00 inches in diameter permanently affixed in each entrance funnel. Note: Authority cited: Section 8587.1, Fish and Game Code. Reference: Section 8587.1, Fish and Game Code. s 180.5. Trap Buoy Identification. Pursuant to the provisions of Section 9005 of the Fish and Game Code, every trap or string of traps placed in waters of the state to take fin fish, mollusks or crustaceans for commercial purposes shall be marked with a buoy. Buoys used to mark any trap or string of traps shall be clearly and distinctly marked with a buoy identification number as required by Section 9006 of the Fish and Game Code. The specified identification number shall be at least one and one-half inches in height and one-quarter inch in width. Each trap marker buoy shall bear the specified number in a color which contrasts with that of the buoy and the number shall be applied so that it is visible and legible. Note: Authority cited: Sections 9003, 9005 and 9006, Fish and Game Code. Reference: Sections 9002, 9003, 9005, 9006, 9007 and 9008, Fish and Game Code. s 180.15. Coonstripe Shrimp(Pandalus danae)Fishing. (a) No person shall use a vessel to take, possess or land coonstripe shrimp for commercial purposes unless the owner of that vessel has been issued a coonstripe shrimp vessel trap permit for that vessel that has not been suspended or revoked. (b) The fee for a coonstripe shrimp vessel trap permit is $76.25. (c) Coonstripe shrimp may only be taken for commercial purposes by traps pursuant to this section and sections 180, 180.2, and 180.5, Title 14, CCR. (1) Coonstripe shrimp may not be taken from November 1 through April 30. (2) All coonstripe shrimp taken during the closed season shall immediately be returned to the water. No coonstripe shrimp shall be possessed or landed aboard any commercial fishing vessel during the closed season. (3) Coonstripe shrimp traps may be set and baited no earlier than noon on April 30. (4) All traps must be removed from the water prior to November 1, weather and sea conditions permitting. In the event that a permittee is unable to comply with this subsection, then the permittee must notify an officer from the department's Enforcement Branch in the nearest department office via telephone or fax not later than noon on October 31. The permittee must state the reason for the delay and the anticipated date of removal. Notification does not relieve the permittee of the responsibility for complying with this subsection unless approved by the department. (d) A control date of November 1, 2001, is established for the purpose of considering a future restricted access coonstripe shrimp trap fishery. Landings on or after this date may not apply toward a permit in a future restricted access program for the coonstripe shrimp trap fishery if one is developed. Note: Authority cited: Sections 713, 1050, 8591 and 8842, Fish and Game Code. Reference: Sections 1050, 8590, 8591, 8595, 8842, 9001 and 9015, Fish and Game Code. s 181. Commercial Salmon Fishing. Note: Authority cited: Section 7710, Fish and Game Code. Reference: Section 7710, Fish and Game Code. s 182. Commercial Salmon Fishing. (a) General Provisions. No person shall engage in commercial salmon fishing except as provided by the Fish and Game Code and regulations provided herein. Applicable regulations adopted by the U.S. Secretary of Commerce pursuant to the Magnuson Fishery Conservation and Management Act and published in Title 50, Code of Federal Regulations (CFR), Parts 600 and 660 are hereby incorporated and made a part of these regulations. Federal regulations shall be made available upon request from the Department of Fish and Game, Marine Region, 1416 Ninth Street, BOX 944209, Sacramento, CA 94244-2090, phone number 916-651-7670. (b) Reporting Requirements (1) Any person required to complete a landing receipt pursuant to FGC Section 8043 for the landing of salmon shall on the same landing receipt accurately record the total number of salmon landed in the "Note Pad" field of the landing receipt (F&G 625-D rev. 10/00), which may be found in Appendix A of these regulations. (2) Any person who lands salmon shall keep a copy of all landing receipts documenting salmon landings on board the fishing vessel that caught the salmon until 15 days after the last salmon season closure for the calendar year. (c) General Definitions. For purposes of these regulations, the following definitions shall apply: (1) Closures. Taking or taking and retaining any species of salmon is prohibited. Legally caught salmon may be landed on closed areas if they meet the minimum size limit or other special requirements for the area in which they were caught and are not otherwise prohibited by these regulations. (2) Transit Through Closed Areas. Vessels with an ocean salmon permit from any state with salmon on board shall not have fishing gear in the water while transiting any area closed to commercial salmon fishing. (3) Size Limits and Length Measurement. All salmon on board must meet the minimum size or other special requirements for the area being fished and the area in which they are landed if that area is open. Total length is measured from the tip of the snout to the extreme tip of the tail without resorting to any force other than swinging or fanning the tail. (4) Gear Definitions. Troll fishing gear is defined as no more than six lines that drag hooks with bait or lures behind a moving fishing vessel. Salmon may be taken only by hook and line using barbless hooks. Barbless circle hooks are required when fishing with bait by any means other than trolling. (5) Barbless Hook Definition. A hook with a single shank and point, with no secondary point or barb curving or projecting in any other direction. Hooks manufactured with barbs can be made "barbless" by removing or completely closing the barb. (6) Circle Hook Definition. A hook with a generally circular shape, and a point which turns inwards, pointing directly to the shank at a 90 degree angle. (7) Trolling Definition. Angling from a boat or floating device that is making way by means of a source of power, other than drifting by means of the prevailing water current or weather conditions. (8) Freezer Trolling Vessel. Frozen salmon may be possessed in a dressed, head-off condition, subject to the following minimum size limit: king salmon, 19- 1/2" in dressed, head-off length when salmon no less than 26 inches total length may be possessed; king salmon, 20-1/4" in dressed, head-off length when salmon no less than 27 inches total length may be possessed. Dressed, head-off length is the distance measured along the lateral line between the mid-point of the clavicle and the fork of the tail. (9) Federal Designated Routine Management Measures. Routine Management Measures, identified as catch restrictions intended to keep landings within the harvest levels announced by the Secretary of Commerce and noticed in the Federal Register by the National Marine Fisheries Service, are hereby incorporated and made a part of these regulations. Should any federal management measures conflict with existing statutes, including Fish and Game Code Sections 8210.2 and 8215, the provisions in the statutes which conflict with the federal management measures are made inoperative. Note: Authority cited: Sections 7652 and 8043, Fish and Game Code. Reference: Sections 1700, 7600, 7650, 7652, 7652.1, 7652.2, 7652.3, 8046, 8210.2 and 8215, Fish and Game Code; and Title 50, Code of Federal Regulations, Part 660.Authority cited: Sections 7652 and 8043, Fish and Game Code. Reference: Sections 1700, 7600, 7650, 7652, 7652.1, 7652.2, 7652.3, 8046, 8210.2 and 8215, Fish and Game Code; and Title 50, Code of Federal Regulations, Part 660. s 182.1. Commercial Salmon Fishing. Under the authority of Sections 7652 and 7652.2 of the Fish and Game Code, Section 8210.2 of said Code and Section 182, Title 14, California Code of Regulations are made temporarily inoperative for the period May 1, 1988 through April 30, 1989 and the following provisions are adopted, such provisions to be effective My 1, 1988 through April 30, 1989 and on April 30, 1989 are repealed. Upon expiration of these provisions in any district or portion thereof, Section 8210.2 of the Fish and Game Code shall become effective in such districts or portions or districts. (a) In Districts 6, 7, 10, 11, 15, 16, 17, 18, and 19, no king (chinook) salmon may be possessed that is less than 26 inches in length and no silver (coho) salmon less than 22 inches, such lengths to be measured from the tip of the snout to the extreme tip of the tail without resorting to any force other than swinging or fanning the tail. Salmon may be taken only by hook and line and there is no bag limit except as modified in subsections (g), (h), (i) and (n) of these regulations. (b) In Districts 6, 7, 10, 11, 15, 16, 17, 18, and 19, no person shall engage in commercial salmon fishing using other than single barbless hooks. Single barbless hook means a hook with a single shank and point, with no secondary point or barb curving or projecting in any other direction. Hooks manufactured with barbs can be made "barbless" by forcing the point of the barb flat against the main part of the point. (c) Except as prohibited under Section 8215 of the Fish and Game Code and subsection (j) of these regulations, frozen salmon may be possessed in Districts 6, 7, 10, 11, 15, 16, 17, 18, and 19, and landed in a dressed, head-off condition, subject to the following minimum size limits: king salmon, 19 1/2 " in dressed, head-off length; silver salmon, 16 1/2 " in dressed, head-off length. Dressed, head-off length is the distance between the mid-point of the clavicle arch and the fork of the tail measured along the lateral line. (d) In Districts 6, 7, 10, 11, 15, 16, 17, 18, and 19, commercial salmon fishing vessels shall use no more than six troll lines at any time to drag hooks with bait or lures. (e) In Districts 7, 10, 11, 15, 16, 17, 18, and 19, south of Point Arena (39 degrees 00 ' 00 " N. lat.), under the authority of a commercial fishing license, all salmon species other than silver salmon, which are provided for in subsection (i), may be taken between May 1 and September 30. (f) In District 7 between Point Arena and Cape Vizcaino (39 degrees 43 ' 30 " N. lat.), under the authority of a commercial fishing license, all salmon species except silver salmon may be taken between May 1 and May 31. In District 7 between Point Arena and Horse Mountain (40 degrees 5 ' 00 " N. lat.), all species other than silver salmon, which are provided for in subsection (i), may be taken from June 5 through September 30, except no commercial salmon fishing is permitted in the area on Thursdays, Fridays or Saturdays from June 9 through July 16. (g) In District 7 between Cape Vizcaino and Horse Mountain, under the authority of a commercial fishing license, all salmon species except silver salmon may be taken from May 1 through the earlier of May 31 or the date that the Director of the California Department of Fish and Game determines that a total of 8,000 king salmon will be taken, with the following exceptions and restrictions: (1) No commercial salmon fishing is permitted in the area on Thursdays, Fridays or Saturdays. (2) All salmon taken or possessed in the area must be landed in the area. (h) In District 6 and that portion of District 7 north of Punta Gorda (40 degrees 15 ' 30 " N. lat.), under the authority of a commercial fishing license, all salmon species other than silver salmon, which are provided for in subsection (i), may be taken from June 5 through the earlier of August 31 or the date that the Regional Director of the National Marine Fisheries Service (NMFS) determines that a total of 55,500 king salmon will be taken in the commercial fishery since May 1, 1988, in the commercial fishery between Port Orford, in southern Oregon (42 degrees 45 ' 11 " N. lat.) and Punta Gorda, with the following provisions, exceptions and clarifications: (1) No commercial fishing is permitted in the area on Thursdays, Fridays or Saturdays, and the area is closed to all commercial salmon fishing from June 29 through July 16. (2) On or about July 27, the Regional Director of the NMFS will determine if the commercial king salmon quota in the area through August 31 can be increased, due to a projected underage in the ocean landings of Klamath River fall king salmon in the following two ocean fisheries, through August 31: (1) the recreational fishery in the same general area and (2) the commercial fishery provided for under subsection (g) of these regulations. (3) The commercial salmon fishing closure specified under subsection (k) of these regulations is in effect. (i) Silver salmon may be taken for commercial purposes during the same time periods and in the same areas as commercial fishing for all other salmon species is allowed with the following clarifications and exceptions: (1) The commercial fishing closure specified under subsection (k) of these regulations is in effect. (2) Commercial fishing for, or possession of, silver salmon is not permitted from May 1 through May 1. (3) Commercial fishing for silver salmon is prohibited, except as provided under subsection (n), upon the earlier date of the projected attainment of a commercial salmon fishery impact south of Cape Falcon in northern Oregon (45 degrees 46 ' 00 " N. lat.) or Port Orford in southern Oregon of 684,700 or 100,000 fish, respectively, as determined by the Director of the NMFS. (j) In District 6 and that portion of District 7 north of Point Arena, during all three-day closures, except for the 12-hour period immediately following the closure, no vessel may be underway at sea inside the closed area with salmon on board except if prior notification is given the nearest Coast Guard Station of intent to transport commercially-caught salmon through the closed area. Furthermore, it is unlawful for a vessel with an ocean salmon permit from any state to have troll fishing gear in the water in these districts between May 1 and October 31 during those times that commercial salmon fishing is not permitted. (k) Notwithstanding any of the provisions of this Section, commercial salmon fishing in Districts 6 and 7 north of Punta Gorda is prohibited for three consecutive days upon attainment of 85 percent of the silver salmon quota for the commercial salmon fishery south of Cape Falcon, as determined by the Regional Director of the NMFS. ( l) Troll fishing gear is defined as one or more lines that drag hooks with bait or lures behind a moving fishing vessel. (m) In District 6, no salmon may be taken for commercial purposes in state waters off the mouth of the Klamath River within an area bounded on the north by 41 degrees 38 ' 48 " N. latitude (approximately 6 nautical miles north of the Klamath River mouth) and on the south by 41 degrees 26 ' 48 " N. latitude (approximately 6 nautical miles south of the Klamath River mouth). (n) In Districts 6 and 7 between Trinidad Head (41 degrees 3 ' 20 " N. lat.) and Punta Gorda, under the authority of a commercial fishing license, all salmon species may be taken between September 1 and the earlier of October 31 or the date that the Regional Director of the NMFS determines that a total of 15,000 king salmon will be taken. (o) It is unlawful for any person to fish for, or take and retain any species of salmon in Districts 6, 7, 10, 11, 15, 16, 17, 18, and 19: i) during closed seasons or in closed areas; ii) while possessing on board any species of salmon not allowed to be taken in the area at the time, iii) once any catch limit is attained; or iv) by means of gear or methods other than troll fishing gear. (p) All other provisions, exceptions and restrictions for commercial salmon fishing off California are described in Title 50 -Code of Federal Regulations, Part 661. Note: Authority cited: Sections 7652 and 7652.2, Fish and Game Code. Reference: Sections 1700, 7600, 7650, 7652 and 7652.2, and 8210.2 Fish and Game Code; Section 182, Title 14, California Code of Regulations; and Title 50, Code of Federal Regulations, Part 661. s 183. Commercial Salmon Vessel Permit. The annual fee for a commercial salmon vessel permit, created pursuant to Section 8236 of the Fish and Game Code, shall be $30.50 and shall be valid from April 1 through March 31 of the following year. Note: Authority cited: Sections 713 and 8236, Fish and Game Code. Reference: Section 8236, Fish and Game Code. s 185. Commercial Take, Possession, Purchase, Sale, Transport, Export or Import of Native Reptiles and Amphibians. Note: Authority cited: Sections 5061 and 6896, Fish and Game Code. Reference: Sections 5061 and 6896, Fish and Game Code. s 185.5. Captive Propagation of Native Reptiles and Amphibians for Commercial Purposes. Note: Authority cited: Sections 5061 and 6896, Fish and Game Code. Reference: Sections 5061 and 6896, Fish and Game Code. s 186. Commercial Take and Use of Frogs for Human Consumption. Note: Authority cited: Sections 6851 and 15005, Fish and Game Code. Reference: Sections 6850-6885, 15000 and 15005, Fish and Game Code. s 187. Weight in the Round Conversion Factors for Swordfish, Salmon, Angel Shark, Bonito Shark, Thresher Shark, and Tanner Crab. For purposes of computing the appropriate landing tax, pursuant to Sections 8042 and 8051 of the Fish and Game Code, the following weight conversion factors must be used by those persons and businesses responsible for remitting such landing taxes as required under Division 6, Part 3, Chapter 1, Article 7.5 of the Fish and Game Code. (a) Salmon, 110% of the weight landed. (b) Swordfish, 145% of the weight landed. (c) Angel shark, 200% of the weight landed. (d) Bonito shark, 145% of the weight landed. (e) Thresher shark, 170% of the weight landed. (f) Tanner crab (Chionecetes spp.), 161% of the weight landed. Note: Authority cited: Section 8042, Fish and Game Code. Reference: Sections 8040, 8041, 8042 and 8051, Fish and Game Code. s 188. Marine Aquaria Receiver's License. Note: Authority cited: Section 8033.2, Fish and Game Code. Reference: Sections 8043.1 and 8596-8598.6, Fish and Game Code. s 189. Commercial Groundfish Fishing. (a) General Provisions. No person shall engage in commercial groundfish fishing except as provided by the Fish and Game Code and regulations provided herein. Applicable regulations adopted by the U.S. Secretary of Commerce pursuant to the Magnuson Fishery Conservation and Management Act and published in Title 50, Code of Federal Regulations (CFR), Parts 600 and 660 are hereby incorporated and made a part of these regulations. Federal regulations shall be made available upon request from the Department of Fish and Game, Marine Region, 1416 Ninth Street, BOX 944209, Sacramento, CA 94244-2090, phone number 916-653-6281. (b) General Definitions. For the purposes of these regulations, the following definitions shall apply: (1) Land or Landing. The transfer of fish from a fishing vessel. Once offloading begins, all fish aboard the vessel are counted as part of the landing. (2) Closure. Taking and retaining, possessing, or landing the particular species or species group is prohibited. Unless otherwise announced in the Federal Register, offloading must begin before the time the fishery closes. (3) Sorting. It is unlawful for any person to fail to sort prior to the first weighting after offloading, those groundfish species or species groups for which there is a trip limit, size limit, quota, or optimum yield, if the vessel fished or landed in an area during a time when such trip limit, size limit, quota, or optimum yield applied. This provision applies to both the limited entry and open access fisheries. (4) Trip Limits. Trip limits specify the amount of fish that a vessel may legally land per fishing trip or cumulatively per unit of time or the number of landings of fish that may be made by a vessel in a given period of time. (A) Daily Trip Limit. Daily trip limit is the maximum amount of groundfish that may be taken and retained, possessed, or landed per vessel in 24 consecutive hours, starting at 0001 hours local time. Only one landing of groundfish shall be made in that 24-hour period. Daily trip limits shall not be accumulated during multiple day trips. (B) Cumulative Trip Limit. Cumulative trip limit is the maximum amount of groundfish that may be taken and retained, possessed, or landed per vessel in a cumulative fishing period, without a limit on the number of landings or trips. (5) Size Limits and Length Measurement. Total length is measured from the tip of the snout (mouth closed) to the tip of the tail (pinched together) without mutilation of the fish or the use of additional force to extend the length of the fish. (6) Limited Entry Fishery. Limited entry fishery includes vessels using trawl gear, longline, and trap (or pot) gear fished pursuant to the harvest guidelines, quotas, and other management measures governing the limited entry fishing. Limited entry gear includes only longline, trap (or pot) or trawl gear used under the authorization of a valid limited entry permit. (7) Open Access Fishery. Open access fishery includes vessels using exempted gear, and longline and trap (or pot) gear fished pursuant to the harvest guidelines, quotas, and other management measures governing open access fishing. Exempted gear includes all types of fishing gear except longline, trap (or pot), and groundfish trawl gear, and includes trawl gear used to take pink shrimp, and spot and ridgeback prawns, and south of 38<>o 57'30 ' N (Point Arena), California halibut and sea cucumber. A State of California limited entry permit is required for the take of sea cucumbers. (8) Federally Designated Routine Management Measures. Routine Management Measures, identified as catch restrictions intended to keep landings within the harvest levels announced by the Secretary of Commerce and noticed in the Federal Register by the National Marine Fisheries Service, and hereby incorporated and made a part of these regulations. Should any federal management measures conflict with existing statutes, including Fish and Game Code Sections 8496 and 8842(b), or regulations of the commission, the provisions in the statutes or regulations which conflict with the federal management measures are made inoperative. Note: Authority cited: Section 7652, Fish and Game Code. Reference: Sections 7652, 7652.2, and 8607, Fish and Game Code. s 190. Fishing Activity Records. Pursuant to Sections 7923 and 8026, Fish and Game Code, the owner and operator of a commercial fishing vessel or the holder of a commercial fishing license or permit participating in specified fisheries, and the owner and license holder of a commercial passenger fishing vessel shall keep and submit a complete and accurate record of fishing activities. (a) Fishing activity records shall be kept on forms provided by the department. (b) Fishing activity records shall be kept on the vessel while it is engaged in, or returning from, fishing operations and shall be completed before the end of a trip, at the time of sale of the catch or at the end of each day's fishing. (c) Fishing activity records shall be delivered to the department at 4665 Lampson Avenue, Suite C, Los Alamitos, CA 90720, or such other department office as may be specified in regulation on or before the 10th day of each month following the month to which the records pertain. Fishing activity records that are mailed shall be postmarked on or before the 10th day of each month following the month to which the records pertain. (d) Failure to keep and submit required records of fishing activity may result in revocation or suspension (including non-renewal) of the license or permit for the taking of all fish or for the particular species for which the records are required, by the Department, for a period not to exceed one year. Any revocation, suspension or nonrenewal may be appealed to the Commission. (e) All fishing activity records shall be deemed confidential upon receipt by the Department. Note: Authority cited: Sections 7923 and 8026, Fish and Game Code. Reference: Sections 7923 and 8026, Fish and Game Code. s 191. Far Offshore Longline Logbook. Note: Authority cited: Sections 7701, 7708 and 8026, Fish and Game Code. Reference cited: Section 8026, Fish and Game Code. s 195. Report of Fish Taken To Be Made by Owner of Barge or Vessel for Hire, and Boat Limits. (a) Records required by Sections 7923 and 8026 of the Fish and Game Code shall be made on a form provided by the department (Skipper's Log Book-Marine Sportfishing - Southern California F&G 656 and Skipper's Log Book-Marine Sportfishing Central and Northern California F&G 623, DFG 195, which is incorporated by reference, and hereafter referred to as logbook for purposes of this section). The logbook shall include the following information and be completed and available for inspection as specified in this section: (1) A full and correct record of fish taken, including species or specified species group filled-out before the trip is completed, (see Section 190(b) of Title 14, CCR). The names used for designating the species of fish shall be those in common usage unless otherwise designated by the department. (2) The owner/operator copy of the logbook shall be maintained and kept on the vessel for a period of one year, and upon request, shall be made available for inspection by any authorized representative of the Department. (3) The numbered logbook shall be completed sequentially. A voided log shall have the word "Void" plainly and noticeably written on the face of the log. (b) The owner(s) and/or operator(s) of each vessel required to obtain a license under Section 7920 of the Fish and Game Code shall post a notice in a prominent place on the vessel giving information to fishermen on license requirements, bag limits, and other pertinent information. This notice shall be furnished by the department. (c) Both the vessel owner(s) and/or operator(s) shall be responsible for keeping accurate records and insuring the vessel is in compliance with subsections (a) and (b) above. (d) All fishing activity records are confidential pursuant to Fish and Game Code Sections 7923 and 8022 and Government Code Sections 6276 and 6276.10. (e) Boat Limits: When two or more persons licensed or otherwise authorized to sport fish in ocean waters off California or in the San Francisco Bay District, as defined in Section 27.00, are angling for finfish in these waters aboard a vessel licensed under Section 7920, fishing by these persons (to include vessel operator(s) and crew members where licensed to sportfish under their own individual limits) may continue until the passenger's boat limits of those finfish identified in Sections 27.60 (a) through (c) are taken and possessed aboard the vessel as authorized under this section. (1) For purposes of this section, the vessel operator(s) and crew members are not passengers and may not take fish towards obtaining boat limits for passengers except for casting, setting trolling gear, gaffing or netting fish, but may take fish during a fishing trip for their personal use only. Vessel operator(s) and crew members may assist passengers in other activities including, but not limited to, obtaining bait, chumming, baiting and untangling hooks and lines, identifying, dispatching, filleting, counting, bagging and otherwise handling fish taken by passengers. Upon completion of a fishing trip, the vessel operator(s) and crew members may only possess fish that are part of the own personal bag limit not to exceed authorized sportfishing daily bag and possession limits. (2) Fish taken by operator(s) and crew members for personal use pursuant to (e)(1) above must be separated from fish taken under a boat limit and labeled in a manner that they can be identified as an individual operator's or crew members fish. Operator(s) and crew members are also prohibited from giving all or part of their individual limit to any passenger during or after a trip. (3) The authorization for boat limits aboard a vessel does not apply to fishing trips originating in California where fish are taken in other jurisdictions. (4) A boat limit for a species or species group is equal to the number of passengers aboard the vessel that are licensed or otherwise authorized to sport fish in ocean waters off California or in the San Francisco Bay District multiplied by the individual daily bag limit authorized for a species or species group as specified in Section 27.60 (a) through (c), Title 14, CCR. For purposes of this section, the number of passengers shall not include the vessel operator(s) and crew members. It is unlawful to exceed the boat limit at any time. (5) Prior to the departure on a fishing trip of a vessel that is operating under authority of a license issued pursuant to Fish and Game Code Section 7920, the number of fishers, to include passengers, guests, operators and crew who will be fishing, shall be recorded under "number of fishers" on the logbook for that trip. In addition, the number of vessel operator(s) and crew members who will fish for that trip shall be recorded in the space to the right of the operator's signature on the logbook. (6) Upon completion of a sport fishing trip aboard a vessel reporting under this section, each licensed or otherwise authorized angler may not possess more than the daily bag and possession limits specified in subsections 27.60 (a) through (c) consistent with subsection (e)(1). For the purposes of this section, a fishing trip is completed at the time a person disembarks from the vessel and individual possession limits apply. (7) Species or species groups for which no daily bag limit exists under Section 27.60 (d), Title 14, CCR, are not included in the boat limit. (f) Where boat limits are provided for in this section, the vessel operator(s) and crew members may be cited for violations occurring aboard the vessel, including but not limited to violations of the following: (A) Overlimits (B) Possession of prohibited species (C) Minimum size limits (D) Fish taken out of season or in closed areas Note: Authority cited: Sections 7071, 7923 and 8587.1, Fish and Game Code. Reference: Sections 7923 and 8587.1, Fish and Game Code. s 200. Application Procedure for Live Freshwater Bait Fish License. Application for live freshwater bait fish license shall be made on the departmental form and submitted with the statutory fee to one of the department's regional offices (Redding, Rancho Cordova, Yountville, Fresno and Long Beach). Note: Authority cited: Sections 8460, 8462 and 8491, Fish and Game Code. Reference: Sections 8460-8463, 8490 and 8491, Fish and Game Code. s 200.10. Sale and Transfer of Live Freshwater Bait Fish License. Live freshwater bait fish licenses shall not be resold or transferred. Note: Authority cited: Sections 8460, 8462 and 8491, Fish and Game Code. Reference: Sections 8460-8463, 8490 and 8491, Fish and Game Code. s 200.11. Requirements for Obtaining Live Freshwater Bait Fish License. A live freshwater bait fish license shall not be issued unless the application contains a statement signed by the applicant stating that he has read, understands, and agrees to be bound by these regulations and by all the terms of the license. Note: Authority cited: Sections 8460, 8462 and 8491, Fish and Game Code. Reference: Sections 8460-8463, 8490 and 8491, Fish and Game Code. s 200.12. Live Freshwater Bait Fish License for Retail Live Bait Outlets. A live freshwater bait fish license is required for each live bait outlet and the specific location must be shown on the license. Such license is required in order to possess or sell live freshwater fin fish, live waterdogs (as defined in subsection 200.31(c)) and live freshwater crayfish for use as bait in inland waters. Note: Authority cited: Sections 8460, 8462 and 8491, Fish and Game Code. Reference: Sections 8460-8463, 8490 and 8491, Fish and Game Code. s 200.13. Species Which Live Freshwater Bait Fish Licensees May Possess or Sell. Except as provided below, a live freshwater bait fish licensee may possess or sell live only those legally acquired bait species approved for use by sport fishermen in the sport fishing district or portions of sport fishing district in which the licensee is located (see sections 4.10 through 4.30). Licensees located in districts adjacent to ocean waters and within five miles of ocean waters may possess and sell live bait species which may be used in ocean districts. Bait fish licensees located within a one-mile wide land zone around Lake Tahoe may possess and sell only those species of fin fish which sport fishermen may take directly from Lake Tahoe and use for bait in Lake Tahoe. Such fish shall not be transported from this Lake Tahoe zone. Note: Authority cited: Sections 8437, 8460, 8462 and 8491, Fish and Game Code. Reference: Sections 8460-8463, 8490 and 8491, Fish and Game Code. s 200.14. Importation of Freshwater Bait Fish into the Colorado River District. Note: Authority cited: Sections 2120, 2122, 8460, 8462 and 8491, Fish and Game Code. Reference: Sections 2000-2002, 2013, 2120-2122, 2271, 2301, 2302, 6300, 6301, 6303, 6306, 6401, 8437, 8460-8463, 8490 and 8491, Fish and Game Code. s 200.29. Sources of Live Freshwater Bait Fish for Commercial Purposes. (a) Sources of live fin fish for bait are limited to the following: (1) Fish reared by a registered aquaculturist. (2) The following species taken under the authority of a commercial fishing license: (A) Longjaw mudsucker (Gillichthys mirabilis) (B) Staghorn sculpin (Leptocottus armatus) (C) Yellowfin gobies (3) Bait fish licensees located within a one-mile wide landzone around Lake Tahoe may take from Lake Tahoe only those species of fin fish which sport fishermen may take directly from Lake Tahoe and use for bait in Lake Tahoe. (b) Freshwater clams and freshwater crayfish for live bait purposes may be taken only under the authority of a live freshwater bait fish license. Crayfish taken for live bait purposes shall be taken pursuant to Section 116, Title 14, CAC. (c) Sources of live waterdogs for bait are limited to the following: (1) Waterdogs reared by registered aquaculturists. (2) Waterdogs imported from any other state. (3) Waterdogs may not be taken from the wild for commercial or bait purposes in California except with written authorization from the Department. Note: Authority cited: Sections 2120, 2122, 8437, 8460, 8462, 8491 and 15005-15006, Fish and Game Code. Reference: Sections 2000-2002, 2013, 2120-2122, 2270-2272, 6300, 6301, 6303, 6306, 6401, 8437, 8460-8463, 8490, 8491, 15005, 15006 and 15101, Fish and Game Code. s 200.31. Species Prohibited for the Purpose of Commercial Bait Sales. The following species are prohibited for the purpose of commercial bait sales: (a) Yellowfin gobies, except that yellowfin gobies may be sold as bait only in those areas within the Valley District described in Section 4.20(a)(4)(A), (B) and (C) of these regulations. (b) Tilapia, except that tilapia may be sold as bait only in that area of the Colorado River District bounded by Highway 111 on the north and east and Highway 86 on the west and south. (c) Salamanders, except for waterdogs (exotic subspecies of the tiger salamander, Ambystoma tigrinum ssp.). No waterdogs 3 inches or less in length may be sold as bait. Note: Authority cited: Sections 8437, 8460 and 8462, Fish and Game Code. Reference: Sections 8437, 8460-8463 and 8490, Fish and Game Code. s 225. Use of Explosives in State Waters. Explosives may not be used in the waters of this state inhabited by fish except under a permit issued by the department pursuant to the provisions of this section. The permit fee shall be $100. (a) Requests for permits to use explosives in state waters shall be made to the department. Requests for renewal, supplemental action, or amendments shall be made to the department. (b) Permits shall be issued in such a manner as will result in a minimum destruction to marine life and fisheries. (c) No explosives shall be used for seismic exploration except the following: (1) Deflagrating explosives, such as black powder, or any other "low" explosive which in the opinion of the department is equivalent to it. For exploding black powder, no more than one (1) electric blasting cap and one (1) length of detonating fuse not to exceed six (6) feet in length or of greater strength than fifty (50) grains of explosive per foot, shall be used for each container. Means for exploding deflagrating explosives other than black powder are subject to approval of the department. The amount of deflagrating explosives to be used at each shot point shall not exceed ninety (90) pounds. (2) Detonating explosives, such as nitro-carbo-nitrate, or any other "high" explosive which in the opinion of the department is equivalent to it. For exploding detonating explosives of the nitro-carbo-nitrate type, no more than one (1) electric blasting cap and one (1) commercial booster shall be used for each container. Means for exploding detonating explosives other than nitro-carbo-nitrate are subject to approval of the department. The amount of detonating explosives to be used at each shot point in waters of less than two hundred (200) feet in depth shall not exceed five (5) pounds. The amount of detonating explosives to be used at each shot point in waters of greater depth than two hundred (200) feet shall not exceed twenty (20) pounds. No unjetted explosive charges shall be detonated within one-half (1/2) mile of any breakwater, jetty, pier, or anchored fishing boat or barge. No explosive charges shall be detonated in a kelp bed as designated by the department observer or within three hundred (300) feet of the fringe thereof, or within one-half (1/2) mile of the mouth of any stream when the department observer finds that a concentration of fish may be endangered. (d) An employee of the Department of Fish and Game shall accompany the boat or crew which is conducting the seismic exploratory work. This observer shall have the authority to stop operations in any given area if, in his opinion, undue damage to marine life occurs, or to stop temporarily or slow up operations until the observer can clearly determine the amount of animals killed. Operations also may be temporarily suspended when in opinion of observer, after consultation with party chief, it is determined that weather conditions make further operations unsafe for personnel and equipment or when equipment breakdowns result in unsatisfactory observations of marine life. A boat and crew, satisfactory to the department, shall be provided for the observer at all times and during operations shall not be used for any other purpose. One of the crew members must be competent in the operation of the communication and fish-detecting devices described below. Radio-telephone communications between the observer boat and the operating boat shall be maintained at all times when explosives are being detonated. A recording depth-indicator and a modern-type of sonar or fish-detecting device satisfactory to the department shall be provided for the observer boat. The observer boat shall carry, and the crew shall help operate such gear and equipment for determining damage to marine life as the observer shall furnish, and permittee shall meet any expense of gear rental or operation that may be incurred. The observer boat and all equipment, including communication and fish-detecting devices, must be kept in good working condition at all times. (e) The applicant of a permit for seismic exploration shall defray the cost of such observer's services and all administrative and incidental costs by payment to the Department of Fish and Game, Sacramento, California, for the benefit of the Fish and Game Preservation Fund the minimum deposit of seven hundred fifty dollars ($750) per survey crew for each month for which a permit is requested, said month commencing the date on which said permit becomes effective, whether operations are commenced on that date or not. A similar minimum deposit of seven hundred fifty dollars ($750) per month shall be made fifteen (15) days prior to the addition of every crew not specified in original application for permit. This sum shall be paid as follows: (1) The minimum payment due prior to issuance or a renewal of a permit shall be seven hundred fifty dollars ($750) for each month or fraction of a month covered by the permit, and shall accompany the application. (2) Expenses as they accrue to the department shall be charged against this minimum deposit. (3) At the expiration of the permit, the cancellation of operations, or the denial of the application, any sum remaining over and above those expenses incurred by the department shall be refunded within thirty (30) days. (4) Any expenses incurred by the department in connection with the permit over and above the minimum deposits shall be due and payable upon billing by the department. (5) Any temporary cessation of seismic operations of thirty (30) days or less shall be considered as an expense to the department in the amount of the observer's monthly salary and associated administrative costs. (f) Before beginning any day's seismic exploration operations, permission to detonate must be obtained from the observer and such permission must also be obtained during the day if the observer has temporarily stopped work due to excessive damage to marine life. (g) All fish of edible size which may be killed during seismic exploration operations shall be picked up by the operating crew, and arrangements made by the permittee for their disposal subject to approval of the department. If sold any money received from such sale shall be paid into the Fish and Game Preservation Fund. When in the judgment of the observer an excessive amount of fish has been killed and washed onto any shore in such quantities as to endanger public health or create a nuisance, the permittee shall immediately gather up and dispose of such fish in a manner satisfactory to the observer. (h) Anyone applying for or holding a permit for seismic exploration shall notify the Sacramento Headquarters Office of the Department of Fish and Game, or the office designated in the permit, in writing not less than fifteen (15) days before beginning operations or before adding a survey crew, and not less than five (5) days before transferring a crew between permits held by the same permittee. Notification of intention to terminate operations or to suspend operations more than thirty (30) days shall also be given in writing not less than fifteen (15) days in advance of such termination. Copies of all notices and reports shall be sent to the Sacramento Headquarters Office. At least twenty-four (24) hours before commencing operations within three (3) miles of shore, or in any new area whose boundaries shall be defined in the permit, where he has not operated during the preceding one (1) month, the permittee shall discuss the forthcoming operations with the department at Sacramento Headquarters or other office as designated in the permit. (i) On the fifteenth and last days of each month of seismic operation, the permittee shall submit a report of dates, location, and number of detonations made in the preceding period. A report shall be submitted for each permit for each half-month period whether operations were actually conducted or not. The report shall include the species and weight of edible fish disposed of, as provided in paragraph (g), and the name of the recipient. Reports shall be submitted in duplicate in the manner provided for above in (h). (j) All permits for seismic exploration shall be issued for a period of not to exceed six (6) months, but may be renewed from time to time thereafter, for such periods not to exceed six (6) months at a time, as the department may approve. Separate permits are required for: (1) the ocean waters; (2) each inland water operation regardless of location. (k) Every permittee shall post a copy of said permit for seismic exploration in a conspicuous place aboard the main survey vessel where it can be inspected by the observer and survey crew at any time. ( l) No permit granted pursuant to these regulations for seismic exploration shall be valid or exercised unless at the same time the permittee has a permit in full force and effect issued by the State Lands Commission of California and authorizing such seismic operations. (m) Any permit issued pursuant to these regulations for seismic exploration may be canceled or suspended at any time by the commission for cause after notice and opportunity to be heard, or without a hearing upon conviction of a violation of these regulations by a court of competent jurisdiction. (n) A permit to use explosives in state waters inhabited by fish for other than seismic exploration shall be issued under the following conditions to ensure that the state's aquatic resources are protected (the granting or denial of a permit may be appealed pursuant to section 5500 of the Fish and Game Code): (1) The permittee shall abide by all terms and conditions as set forth in the permit. (2) The department may require that a department observer be present during the use of explosives in state waters. The permittee shall, at the department's request, reimburse the department for expenses incurred for an observer including, but not limited to, time, mileage and other expenses, at a rate to be determined by the department. Reimbursement to be paid into the Fish and Game Preservation Fund. (3) The permittee may be required to provide a boat, operator and fish detecting instruments. (4) An observer may, when there is a threat to the resource, cancel or delay the use of explosives in state waters. Note: Authority and reference cited: Section 5500, Fish and Game Code. s 225.1. Use of Explosives for Blasting or Special Purposes. Under the authority of this section, any person may use explosives in the waters of this State for any lawful and valid purpose, other than the taking of animal life, whenever the amount of the charge is not more than one blasting cap or its equivalent. Also exempted are such explosives designated by the State Fire Marshal as agricultural and wildlife fireworks, according to Part 2, Div. 11, Section 12508 of the Health and Safety Code. Anchors propelled into the ocean floor by explosives charges are emergency devices and do not require a permit. Note: Authority cited: Section 5500, Fish and Game Code. Reference: Section 5500, Fish and Game Code; and Section 12508, Health and Safety Code. s 225.5. Streams, Artificial Barriers. Pursuant to the provisions of Section 5948 of the Fish and Game Code, the following shall constitute a log jam or debris accumulation or other artificial barrier preventing the passage of fish up and down stream or which is deleterious to fish: (a) Any log jam or debris accumulation which has no well-defined channel through which all fish may pass upstream or downstream at any time without delay; (b) Any log jam or debris accumulation in any stream which reduces the dissolved oxygen content below five parts of oxygen to one million parts of water, or causes any other condition toxic to fish or aquatic life. Note: Authority and reference cited: Section 5948, Fish and Game Code. s 225.7. Report of Fish Taken, to Be Made by Owner of Barge or Vessel for Hire. Note: Authority and reference cited: Sections 7122 and 7923, Fish and Game Code. s 225.8. Report of Marlin Taken by Sport Fishermen. Note: Authority and reference cited: Section 7122, Fish and Game Code. s 226. Issuance of Permits for Importing Live Aquatic Plants or Animals to Persons Other Than Registered Aquaculturists. Note: Authority cited: Sections 1050, 2271, 6300-6303, 6306 and 6400, Fish and Game Code. Reference: Sections 1050, 2118, 2150, 2270, 2272, 6300-6303, 6306, 6400, 15600 and 15601, Fish and Game Code; Lacey Act of 1900 (18 U.S.C. 42, 43 and 44); Black Bass Act (16 U.S.C. 851-856); Endangered Species Act of 1973 (16 U.S.C. 1531-1543); and Convention on International Trade in Endangered Species of Wild Fauna and Flora, 1983. s 226.5. Issuance of Permits to Destroy Harmful Species of Fish in Private Waters for Management Purposes. Pursuant to the provisions of section 5501 of the Fish and Game Code, free permits for depredation purposes to take any species of fish which, in the opinion of the Department of Fish and Game, is harmful to other species of fish may be issued by the department on the following terms: (a) Subject to paragraph (g) of this section, such fish may be destroyed by means of chemicals, seining or draining. (b) Application shall be made to the Regional Manager of the Department of Fish and Game for the region in which the water is located. An application form will be supplied to each applicant upon request. (c) All waters to be treated, seined or drained shall be entirely within the exterior boundaries of the land owned or leased by the applicant or applicants. (d) Permits shall not be granted for streams or rivers. (e) No permit may be granted if, in the judgment of the Department of Fish and Game, it contains publicly owned fish of desirable species which should be protected. (f) Permittees shall notify the Regional Office of the Department of Fish and Game 10 days in advance of operations so that arrangements may be made for observation by the department if that is deemed desirable. (g) No water may be chemically treated if, in the judgment of the Department of Fish and Game, the chemical could escape to other waters and endanger publicly owned fish. (h) The Department of Fish and Game may specify the nature and amount of chemical to be used and its mode of application. (i) Fish recovered under authority of this permit may not be sold (see section 226.7). (j) The permittee agrees to hold the State of California, its agents, servants and employees free and harmless from all claims for damages resulting from the permittee's negligence or willful failure to follow the department's written recommendations prescribed for the chemical treatment of any water. (k) Permits may be revoked for a violation of the terms thereof or for a conviction of any violation of any provision of the Fish and Game Code or commission regulations pertaining to activities covered by the permit. In order to protect fishery resources, permits may be revoked or amended without notice. Said revocations or amendments are subject to review by the commission. ( l) Permits shall only be issued upon the condition contained in the application and signed by the applicant that he has read, understands and agrees to be bound by all the terms of the permit and these regulations. Note: Authority cited: Sections 2120, 5510 and 8437, Fish and Game Code. Reference: Sections 2120, 5501, 5510 and 8437, Fish and Game Code. s 226.7. Issuance of Permits and Conditions for Taking Inland or Freshwater Fishes. Pursuant to the provisions of section 8437 of the Fish and Game Code, inland or freshwater fishes listed in this section may not be taken for commercial purposes except in accordance with the following regulations: (a) This section does not apply to the taking of live freshwater fish for bait purposes (see sections 8460-8463 of the Fish and Game Code and sections 200-200.31 of title 14). (b) Licenses and permits required. (1) Fishes listed in this section may not be taken for commercial purposes except under a revocable, nontransferable permit issued by the department. Applications for the permit shall be made to the regional manager for the region in which the fish are to be taken. An application form will be supplied to each applicant upon request. (2) Persons taking fishes listed in this section for commercial purposes shall also comply with requirements of the Fish and Game Code relating to commercial fishing licenses, commercial fishing vessel registration, and other applicable commercial laws. (3) Every person who takes for commercial purposes, assists in taking, possesses or transports the fishes listed in this section while on any boat or vessel, or who uses or operates or assists in using or operating any boat, trap, or other appliance to take fish, must have a valid permit issued to him and must be in possession of said permit while engaged in any such activities. (c) Permits shall be issued for not longer than one year. Permits may be revoked for a violation of the terms thereof or for a conviction of any violation of any provision of the Fish and Game Code or commission regulations pertaining to activities covered by the permit. In order to protect fishery resources, permits may be revoked or amended without notice. Said revocations or amendments are subject to review by the commission. (d) The department may withhold a permit for one year following a conviction of a violation of any provision of the Fish and Game Code, or commission regulations relating to activities covered by the permit. (e) Permits shall only be issued after the application has been signed by the applicant indicating that he has read, understands and agrees to the terms of the permit and these regulations. See subsection 699(b) of these regulations for the fee for this permit. (f) Only the following fishes are authorized to be taken: Freshwater mollusks, threadfin shad (Dorosoma petenense) and fishes belonging to the lamprey family (Petromyzontidae), smelt family (Osmeridae), sucker family (Catostomidae), carp or minnow family (Cyprinidae) except grass carp (Ctenopharyngodon idella), killifish family (Cyprinodontidae), livebearer family (Poeciliidae), silverside family (Atherinidae), cichlid family (Cichlidae), gray mullet family (Mugilidae), sculpin family (Cottidae), stickleback family (Gasterosteidae), and goby family (Gobiidae). Any grass carp inadvertently taken must be immediately returned unharmed to the water. (g) All species other than those specified in the permit shall be returned immediately in good condition to the water of origin. (h) All fish authorized to be taken by the permit must be captured only in those waters and only with those types of gear specified in the permit. (i) Areas and periods of fishing and the amount taken may be restricted by the department as necessary to protect authorized fishes or other fishes or to reduce interference with angling. (j) Permittee shall comply with all requirements of the department with respect to construction and deployment of fishing gear. (k) The permittee shall provide the department with a schedule of fishing operations as required by the department. (l) The department may require that an employee of the department be present to inspect fishing operations. All costs of such inspection shall be borne by the permittee. (m) The department may require that the permittee submit reports at the end of each month showing the total number and/or weight of each species taken from each water specified in the permit, the number and/or approximate total weight of each species returned to the water, and such other data as the department may request. Note: Authority cited: Sections 2120, 5510, 8437, 8462 and 8475, Fish and Game Code. Reference: Sections 2120, 5501, 5510, 8437, 8462 and 8475, Fish and Game Code. s 227. Sale of Live Aquaculture Products by Aquarium or Pet Stores. (a) No live aquaculture products shall be maintained or sold by aquarium or pet stores except the following: (1) Tropical species of ornamental marine or freshwater plants and animals not utilized for human consumption or bait purposes; (2) Goldfish; (3) Koi; (4) Albino channel catfish; (5) White sturgeon not to exceed 8 inches in total length; (6) Giant freshwater prawn (Macrobrachium rosenbergi); (7) Brine shrimp; (8) Worms of the family Tubificidae; (9) Crustaceans of the order Amphipoda that are native to California waters; (10) Mosquitofish, Gambusia affinis, except that mosquitofish may not be sold by aquarium or pet stores in Inyo, Mono, San Bernardino, Riverside and Imperial counties. (11) Abalone. (b) White sturgeon and abalone shall be sold only under an Aquarium Dealer's Permit issued by the department to the owner of the aquarium or pet store. Applications shall be made on a department form available upon request from the Department of Fish and Game, Wildlife Protection Division, 1416 Ninth Street, Sacramento, California 95814. The permit shall be issued free of charge on a calendar year basis, or part thereof. See subsection 699(b) of these regulations for the fee for this permit. Aquarium dealer permittees shall maintain a log of all sales and shipments of live sturgeon and abalone, the name of the individual, company or organization taking possession of the product, the date of sale and the number of sturgeon or abalone sold. The log shall be shown upon request by an authorized department official. (c) All abalone sold under an aquarium dealer's permit shall be marked as provided by section 238(e)(1)(B) of this title. (d) Under no condition shall any live aquaculture product sold at an aquarium or pet store be planted in any waters of the state. Note: Authority cited: Sections 1050, 15005, 15200 and 15202, Fish and Game Code. Reference: Sections 1050 and 8371, Fish and Game Code. s 228. Suction Dredging. For purposes of these regulations, suction dredging (also called vacuum dredging) is defined as the use of a suction system to remove and return material at the bottom of a stream, river, or lake for the extraction of minerals. Suction dredges may only be used pursuant to the following provisions: (a) Permit requirement. Every person who operates the intake nozzle of any suction dredge shall have a suction dredge permit in his/her immediate possession. Suction dredge permits shall be valid from the first of the year for one calendar year or if issued after the first of the year, for the remainder of that year. The department will charge a fee for each suction dredge permit pursuant to Section 5653(c), Fish and Game Code. Permits may be obtained at any Regional office or at the License and Revenue Branch office. Any person with a qualifying disability under the Americans With Disabilities Act, who presents a Disabled Person DMV registration or other State, or Federal approved documentation of disability, and who requires assistance in operating a suction dredge may also apply for an assistant suction dredge permit. Any assistant suction dredge permit issued by the department to such disabled person shall be in the disabled applicant's name and shall be issued at no charge. The disabled permittee must be present at the dredge site while the assistant is operating the suction dredge. The assistant shall have the assistant suction dredge permit in his/her immediate possession while assisting the disabled permittee in suction dredging activities. Any assistant may be prosecuted for a violation of the laws or regulations pertaining to suction dredging. The disabled permittee may be prosecuted for a violation of the laws or regulations pertaining to suction dredging committed by his/her assistant. (b) Special Suction Dredge Permits. (1) Submission of Written Plan. Any person may apply for a special suction dredge permit to operate a suction dredge with a nozzle larger than prescribed in subsections 228(e)(1), 228.5(c) or 228.5(d) or during the closed season or in a closed water for suction dredging by submitting a written plan detailing the proposed operation. If the department determines that no deleterious effect to fish may occur, the special permit shall be issued with conditions prescribed by the department to protect fish resources. A special permit will be issued or denied within 30 days upon receipt of a complete written plan detailing the proposed operation unless the time is intended by mutual agreement. If the special permit is denied, the justification for denial will be provided. (2) Appeal of Denial. The denial of a special suction dredge permit may be appealed in writing to the director or his/her designee (hereinafter referred to as director). If the director determines that no deleterious impacts to fish may occur, the director shall authorize the issuance of the permit. The director shall respond to an appeal within 45 days from receipt of notice of request to appeal. (c) Permit Revocation or Suspension. Any suction dredge permit, assistant suction dredge permit, or special suction dredge permit may be revoked or suspended by the regional manager or his/her designee (hereinafter referred to as regional manager) for any violation of the laws or regulations pertaining to suction dredging. The regional manager may, in his/her discretion, revoke or suspend the permit or permit renewal or permanently revoke the renewal of a permit based on past citations or convictions of such laws or regulations. A regional manager's decision to revoke or suspend a permit or permit renewal may be appealed to the director. Any revocation or suspension of a permit or permit renewal shall be in accordance with the following provisions: (1) Hearing When Permittee Convicted of Violation. In the case where the permittee has already been convicted of a violation of Section 5653 or 5653.3 of the Fish and Game Code or any regulation pertaining thereto permitted by said code, the regional manager shall schedule a hearing to consider the revocation or suspension of his/her permit or permit renewal: (A) Notification. The regional manager shall notify the permittee, by certified letter, of the intent to consider the revocation or suspension of his/her permit or permit renewal at the hearing. The certified letter shall include the following information: 1. Name of permittee and last known address. 2. Date, time and place of scheduled hearing, 3. Reason for impending action, including a statement as to date and fact of conviction(s). 4. A copy of Section 228, Title 14, California Code of Regulations. 5. A statement that the permittee has the right to appear and to be represented by legal counsel. (B) Recording. The proceedings of the hearing shall be recorded by an electronic tape recording system. (C) Reading of Documents. At the hearing, the regional manager shall read the conviction documents. The department shall provide the regional manager with the background information regarding the violation(s) and conviction(s) and shall submit into the record a copy of the document(s) which include(s) the facts of the conviction(s) of a violation of the regulation(s) or statute. (D) Statement by Permittee. The permittee shall make his/her statement regarding the violation(s) and conviction(s), and may argue that extenuating circumstances were such as to not warrant the loss of his/her permit or permit renewal. (E) Questioning. The permittee or the department personnel may be questioned by the regional manager. (F) Findings. At the conclusion of the hearing, the regional manager shall make a decision which contains findings or reasons for the proposed action. (G) Notification by Certified Mail. After the hearing, the regional manager shall provide the permittee, by certified mail, a copy of the final decision. (H) Appeal. The permittee may request an appeal in writing to the director within 30 days of the date of receipt of the regional manager's decision. The director shall respond to an appeal in writing within 45 days from receipt of notice of request to appeal. (I) Judicial Review. The permittee may request judicial review by filing a petition for writ of mandate in accordance with provisions of the Code of Civil Procedure within 30 days from the date of the decision. The record of the proceedings shall be prepared by the department and delivered to the petitioner within 30 days after receipt of petitioner's request and upon payment of the fee specified in Section 69950 of the Government Code. (2) Hearing When Permittee Cited but Not Convicted. In the case where the permittee has not been convicted of a violation of Section 5653 of the Fish and Game Code or any regulation pertaining to suction dredging permitted by said code, but has been cited by the department, the regional manager shall schedule a hearing to consider the revocation or suspension of his/her permit or permit renewal: (A) Notification. The regional manager shall notify the permittee, by certified letter, of the regional manager's intent to consider the revocation or suspension of his/her permit or permit renewal at the hearing. The certified letter shall include the following information: 1. Name of permittee and last known address. 2. Date, time and place of scheduled hearing. 3. Reason for impending regional manager's action, including a concise statement of the acts or nonactions of the permittee which constitutes a violation of Section 5653 or 5653.3, of the Fish and Game Code or regulations made pursuant thereto. 4. A copy of Section 228, Title 14, California Code of Regulations. 5. A statement that the permittee has the right to appear and to be represented by legal counsel. (B) Recording. The proceedings of the hearing shall be recorded by an electronic type recording system. (C) Presentation of Evidence. The permittee and the department have the right to present evidence at the scheduled hearing as follows: 1. Oral evidence shall be taken on oath or affirmation. 2. Each party may call and examine witnesses, cross-examine opposing witnesses on any relevant matter, may rebut evidence against him/her, and may orally argue the matter. 3. The hearing need not be conducted according to the technical rules relating to evidence and witnesses. Any relevant evidence shall be admitted if it is the sort of evidence on which responsible persons would rely in the conduct of serious affairs. 4. The permittee or the department may be questioned by the regional manager. (D) Findings. At the conclusion of the hearing, the regional manager shall make a decision based on the evidence presented at the hearing and shall issue written findings containing reasons for the decision and the evidence relied upon. (E) Notification by Certified Mail. After the hearing the regional manager shall provide the permittee, by certified mail, a copy of the final decision. (F) Appeal. The permittee may request an appeal in writing to the director within 30 days of the date of receipt of the regional manager's decision. The director shall respond to an appeal in writing within 45 days from receipt of notice of request to appeal. (G) Judicial Review. The permittee may request judicial review by filing a petition of writ of mandate in accordance with provisions of the Code of Civil Procedure within 30 days from the date of the director's decision. The record of the administrative proceedings shall be prepared by the department and delivered to the petitioner within 30 days after receipt of petitioner's request and upon payment of the fee specified in Section 69950 of the Government Code. (d) Special Approval for Use of Suction Dredges in Lakes and Reservoirs. No suction dredging is permitted in any lake or reservoir without written approval from the lake operating agency, the Regional Water Quality Control Board and an on-site inspection and approval by the Department. (e) Equipment Requirements. (1) Nozzle Restriction. No suction dredge having an intake nozzle with an inside diameter larger than six inches may be used unless: (A) Otherwise provided under special regulations of Section 228.5, Title 14, California Code of Regulations, or (B) A constricting ring with an inside diameter not larger than six inches has been attached to the intake nozzle. This constricting ring must be of solid, one-piece construction with no openings other than the intake and openings not greater than one inch between the constricting ring and nozzle. It must be welded or otherwise permanently attached over the end of the intake nozzle. No quick-release devices are permitted. (2) Hose Restriction. The inside diameter of the intake hose may not be more than four inches larger than the permitted intake nozzle size. (f) Restrictions on Methods of Operation. (1) Winching is permitted under the following provisions: (A) Boulders and other material may only be moved within the existing water line. No boulders or other material shall be moved outside the water line. (B) Winching of any material embedded on banks of streams or rivers is prohibited. (C) Winching of any material into a location which deflects water into the bank is prohibited. (D) No power-winch activated shovels, buckets or rakes may be used to excavate materials in the stream course. Nets and other devices may be used to collect cobbles and boulders by hand for removal from dredge holes providing the materials are not removed from within the water line. (E) No woody streamside vegetation shall be removed or damaged. Trees may be used as winch and pulley anchor points provided that precautions are taken to ensure that trunk surfaces are protected from cutting or abrasions. (2) No person may suction dredge into the bank of any stream, lake or river. (3) No person shall remove or damage woody riparian vegetation during suction dredge operations. (4) No person shall move any anchored, exposed woody debris such as root wads, stumps or logs. (5) No person shall divert a stream or river into the bank. (6) No person shall dam or otherwise obstruct a stream, river or lake in such a manner that fish passage is impeded. (7) No person shall import any earthen material into a stream, river or lake. Operating outside these Restrictions On Methods Of Operation may require compliance with Fish and Game Code sections 1600 - 1607, which govern lake and streambed alterations. (g) Compliance with Other Laws. Nothing in any permit issued pursuant to these regulations authorizes the permittee to trespass on any land or property, or relieves the permittee of the responsibility of complying with applicable federal, State, or local laws or ordinances. (h) Emergency Closure. The Department may initiate emergency regulatory action pursuant to Government Code Section 11346.1 to close any water to suction dredging. Note: Authority cited: Sections 5653 and 5653.9, Fish and Game Code. Reference: Sections 5653 - 5653.9, Fish and Game Code. s 228.5. Suction Dredge Use Classifications and Special Regulations. (a) Suction Dredge Use Classifications. For purposes of these regulations, the following classes of suction dredge use restrictions apply in California's lakes, reservoirs, streams and rivers as specified: (1) Class A: No dredging permitted at anytime. (2) Class B: Open to dredging from July 1 through August 31. (3) Class C: Open to dredging from the fourth Saturday in May through October 15. (4) Class D: Open to dredging from July 1 through September 15. (5) Class E: Open to dredging from July 1 through September 30. (6) Class F: Open to dredging from December 1 through June 30. (7) Class G: Open to dredging from the fourth Saturday in May through September 30. (8) Class H: Open to dredging throughout the year. (b) Special Closures by County. Except as specified in subsections (c) and (d) below, the suction dredge class restrictions for each county are as follows: (1) Alameda Class H. (2) Alpine Class C. (3) Amador East of Highway 49 is Class C, the remainder is Class H. (4) Butte Class C. (5) Calaveras East of Highway 49 is Class C, the remainder is Class H. (6) Colusa Class H. (7) Contra Costa Class H. (8) Del Norte Class E. (9) El Dorado East of Highway 49 is Class C, the remainder is Class H. (10) Fresno Within the external boundaries of the National Forests is Class C, the remainder is Class H. (Kings River Special Management Area has been closed to suction dredging by the U.S. Forest Service. Contact Sequoia National Forest for details.) (11) Glenn Class H. (12) Humboldt Class E. (13) Imperial Class H. (14) Inyo Class A. (15) Kern Class H. (16) Kings Class H. (17) Lake Class H. (18) Lassen Class C. (19) Los Angeles Class H. (Portions of the San Gabriel Mountains may be closed to suction dredging by the U.S. Forest Service. Contact the Angeles National Forest for details.) (20) Madera Within the external boundaries of the National Forests is Class C, the remainder is Class H. (21) Marin Class A. (22) Mariposa Within the external boundaries of the National Forests is Class C, the remainder is Class H. (23) Mendocino Class A. (24) Merced Class H. (25) Modoc Class C. (26) Mono Class A. (27) Monterey Class A. (28) Napa Class A. (29) Nevada East of Highway 49 is Class C, the remainder is Class H. (30) Orange Class H. (31) Placer East of Highway 49 is Class C, the remainder is Class H. (32) Plumas Class C. (33) Riverside Class H. (34) Sacramento Class H. (35) San Benito Class A. (36) San Bernardino Class H. (Portions of the San Gabriel Mountains may be closed to suction dredging by the U.S. Forest Service. Contact the Angeles National Forest for details.) (37) San Diego Class H. (38) San Francisco Class H. (39) San Joaquin Class H. (40) San Luis Obispo Class A. (41) San Mateo Class A. (42) Santa Barbara Class H. (43) Santa Clara Class H. (44) Santa Cruz Class A. (45) Shasta Class C. (46) Sierra Class C. (47) Siskiyou Class E. (48) Solano Class H. (49) Sonoma Class A. (50) Stanislaus Class H. (51) Sutter Class H. (52) Tehama Class D. (53) Trinity Class E. (54) Tulare Within the external boundaries of the National Forests is Class C, the remainder is Class H. (55) Tuolumne East of Highway 49 is Class C, the remainder is Class H. (56) Ventura Class H. (57) Yolo Class H. (58) Yuba Class H. (c) Eight-Inch Nozzle Size. An eight-inch diameter intake nozzle size is permitted on the following rivers unless otherwise specified in Section 228.5(d): (1) American (Placer, Nevada, and El Dorado counties) (2) Cosumnes (Sacramento, Amador and El Dorado counties) (3) Feather (Butte, Plumas, and Yuba counties) (4) Klamath (Del Norte, Humboldt and Siskiyou counties) (5) Merced (Mariposa and Merced counties (6) Mokelumne (Amador, Calaveras and San Joaquin counties) (7) New (Trinity County) (8) Scott (Siskiyou County) (9) Trinity (Trinity and Humboldt counties) (10) Yuba (Sierra and Yuba counties) (d) Special Regulations by Water. In addition to the classifications listed in Section 228.5(b) and (c), the special regulations below apply to the following waters: (1) American River (Sacramento County). The main stem American River from the Sacramento River upstream to Nimbus Dam is Class A. (2) American River, Middle Fork (El Dorado and Placer counties). The main stem American River Middle Fork from its junction with the North Fork of the American River upstream to the confluence with the Rubicon River is Class C. (Note: Recreational dredging is allowed in the Auburn State Recreation Area on an interim management basis. Contact the Auburn State Recreation Area for instructions.) (3) American River, North Fork (Placer County). The main stem North Fork American River from Folsom Reservoir to the Colfax-Iowa Hill Road Bridge is Class C. From the Colfax-Iowa Hill Road Bridge upstream to Heath Springs (T16N R14E S26) is Class A. (Note: Recreational dredging is allowed in the Auburn State Recreation Area on an interim management basis. Contact the Auburn State Recreation Area for instructions.) (4) American River, South Fork (El Dorado County). The main stem South Fork American River from Folsom Reservoir upstream to the Highway 49 bridge at Coloma is Class C. (5) American River, South Fork Tributaries (El Dorado County). All tributaries to the South Fork American River from Folsom Reservoir upstream are Class C. (6) Antelope Creek and Tributaries (Placer County). Antelope Creek and its tributaries are Class B. (7) Auburn Ravine and Tributaries (Placer County). Auburn Ravine and its tributaries are Class B. (8) Bear River (Placer County). The main stem Bear River from Forty Mile Road to the South Sutter Irrigation District's diversion dam is Class D. (9) Big Chico Creek (Butte County). The main stem Big Chico Creek from Manzanita Avenue in Chico to the head of Higgins Hole (T24N R3E S31) is Class A. (10) Big Creek and Tributaries (Fresno County). Big Creek, tributary to the Kings River, and its tributaries are Class A. (11) Big Creek (Trinity County). The main stem Big Creek is Class A. (12) Blue Creek and Tributaries (Del Norte and Humboldt counties). Blue Creek and its tributaries are Class A. (13) Butte Creek (Butte County). The main stem Butte Creek from the Sutter County line upstream to the Durham-Oroville Highway Bridge is Class H, and from the Durham-Oroville Highway Bridge upstream to the intake of Centerville Ditch (T23N R3E S10) is Class A. (14) Calaveras River and Tributaries (Calaveras and San Joaquin counties). The Calaveras River and its tributaries below New Hogan Reservoir are Class B. (15) Canyon Creek (Yuba County). The main stem Canyon Creek from its mouth upstream to the Sierra-Yuba County line (T20N R8E S25) is Class C. (16) Cherry Creek (Tuolumne County). The main stem of Cherry Creek is Class B. (17) Chowchilla River (Madera and Mariposa counties). The main stem Chowchilla River from Eastman Lake upstream to the West and East forks of the Chowchilla River is Class A. (18) Chowchilla River West Fork (Madera and Mariposa counties). The main stem West Fork Chowchilla River from its mouth upstream to the Highway 49 bridge is Class A. (19) Clavey River (Tuolumne County). The main stem Clavey River is Class A. (20) Clear Creek and Tributaries (Siskiyou County). Clear Creek and its tributaries are Class A. (21) Colorado River and Tributaries (Imperial, Riverside and San Bernardino counties). The main channel and all side sloughs and tributaries of the Colorado River are Class A. (22) Cosumnes River (Sacramento, Amador and El Dorado counties). The main stem Cosumnes River from the Western Pacific Railroad Bridge about 1/4 mile above the mouth upstream to the Latrobe Highway Bridge is Class D, and from the Latrobe Highway Bridge upstream to the confluence with the North and Middle forks of the Cosumnes River is Class H. (23) Cosumnes River, North Fork (El Dorado County). The main stem North Fork Cosumnes River from the Middle Fork of the Cosumnes River upstream to the Somerset-Pleasant Valley Road Bridge is Class H. (24) Cosumnes River, Middle Fork (El Dorado County). The main stem Middle Fork Cosumnes River from the North Fork Cosumnes River upstream to Bakers Ford on the Aukum-Somerset Road is Class H. (25) Cosumnes River, South Fork (Amador and El Dorado counties). The main stem South Fork Cosumnes from Middle Fork Cosumnes River upstream to the County Road Bridge at River Pines is Class H. (26) Cow Creek and Tributaries (Fresno County). Cow Creek and its tributaries are Class A. (27) Curtis Creek (Tuolumne County). The main stem Curtis Creek is Class C. (28) Deep Creek (San Bernardino County). The main stem Deep Creek is Class A. (29) Deer Creek (Nevada County). The main stem Deer Creek from Ponderosa Way below Rough and Ready Falls (T16N R7E S13) upstream to Highway 49 is Class C. (30) Dillon Creek and Tributaries (Siskiyou County). Dillon Creek and its tributaries are Class A. (31) Dinkey Creek and Tributaries (Fresno County). Dinkey Creek and its tributaries are Class A. (32) Eagle Creek (Tuolumne County). The main stem Eagle Creek is Class C. (33) Eastman Lake (Madera and Mariposa counties). Eastman Lake is Class A. (34) Eel River, All Forks and Tributaries (Mendocino County). The Eel River, all forks and its tributaries upstream of the Humboldt/Mendocino and Trinity/Mendocino County lines are Class A. (35) Eel River, Middle Fork and Tributaries (Mendocino and Trinity counties). The Middle Fork Eel River and its tributaries are Class A. (36) Feather River (Butte County). The main stem Feather River from Honcut Creek (T17N R3E S27) upstream to the Highway 70 Bridge is Class B, and from the Highway 70 Bridge upstream to Oroville Dam is Class A. (37) Feather River, South Fork (Butte and Plumas counties). The main stem South Fork Feather River from Oroville Reservoir upstream to Little Grass Valley Dam (T22N R9E S31) is Class C. (38) Flat Creek and Tributaries (Shasta County). Flat Creek and its tributaries are Class H. (39) French Creek (Trinity County). The main stem French Creek is Class A. (40) Grapevine Creek (Tuolumne County). The main stem Grapevine Creek is Class B. (41) Horton Creek (Tuolumne County). The main stem Horton Creek is Class A. (42) Hunter Creek (Tuolumne County). The main stem Hunter Creek is Class B. (43) Independence Creek and Tributaries (Nevada and Sierra counties). Independence Creek and its tributaries from Independence Lake upstream are Class A. (44) Jawbone Creek (Tuolumne County). The main stem Jawbone Creek is Class B. (45) Kaweah River (Tulare County). The main stem Kaweah River upstream of Kaweah Reservoir is Class A. (46) Kern River and Tributaries (Kern and Tulare counties). The Kern River and its tributaries from Isabella Dam upstream are Class A. (47) Kern River, South Fork and Tributaries (Kern and Tulare counties). The South Fork Kern River and its tributaries are Class A. (48) Kings River and Tributaries (Fresno and Kings counties). The Kings River and its tributaries from Tulare Lake upstream to Pine Flat Dam are Class A. (49) Klamath River, Main Stem (Del Norte, Humboldt and Siskiyou counties). The main stem Klamath River from the mouth upstream to the Salmon River is Class G, from the Salmon River upstream to 500 feet downstream of the Scott River is Class H, from 500 feet downstream of the Scott River upstream to Iron Gate Dam is Class G, and from Iron Gate Dam to the Oregon border is Class A. (50) Knights Creek (Tuolumne County). The main stem Knights Creek is Class C. (51) Lavezzola Creek (Sierra County). The main stem Lavezzola Creek is Class C. (52) Little Rock Creek and Tributaries (Los Angeles County). The main stem Little Rock Creek and its tributaries from the Sycamore Campground in the Angeles National Forest upstream are Class A. (53) Little Swede Creek (Trinity County). The main stem Little Swede Creek is Class A. (54) Macklin Creek (Nevada County). The main stem Macklin Creek from its confluence with the Middle Fork Yuba River (T19N R12E S16) upstream is Class A. (55) Malibu Creek and Tributaries (Los Angeles County). Malibu Creek and its tributaries are Class A. (56) McCloud River (Shasta County). The main stem McCloud River from the southern boundary of Section 16, T38N, R3W, upstream to Lake McCloud Dam is Class A. (57) Merced River (Merced County). The main stem Merced River from the San Joaquin River upstream to the Crocker-Huffman Dam (upstream from Snelling) is Class A. (58) Merced River (Mariposa County). The main stem Merced River is Class C. (59) Merced River, North Fork (Mariposa County). The main stem North Fork Merced River is Class C. (60) Miner's Ravine and Tributaries (Placer County). Miner's Ravine and its tributaries are Class B. (61) Minnow Creek (Tuolumne County). The main stem Minnow Creek is Class A. (62) Mokelumne River (Amador, Calaveras and San Joaquin counties). The main stem Mokelumne River from Burella Road upstream to Camanche Dam is Class A, from Camanche Dam upstream to Pardee Dam is Class H, and from Pardee Dam upstream is Class C. (63) Mud Creek (Butte County). The main stem Mud Creek from Big Chico Creek upstream is Class C. (64) Nelson Creek (Plumas County). The main stem Nelson Creek is Class C. (65) New River and Tributaries (Trinity County). New River and its tributaries upstream from the East Fork New River, are Class A. (66) New River East Fork and Tributaries (Trinity County). The East Fork New River and its tributaries from the New River upstream are Class A. (67) Piru Creek and Tributaries (Ventura and Los Angeles counties). Piru Creek and its tributaries are Class A. (68) Pit River and Tributaries (Lassen and Modoc counties). The Pit River and its tributaries are Class A. (69) Poor Man Creek and Tributaries (Tuolumne County). Poor Man Creek and its tributaries are Class A. (70) Portuguese Creek and Tributaries (Madera County). Portuguese Creek and its tributaries are Class A. (71) Rock Creek (Butte County). The main stem Rock Creek from Big Chico Creek upstream to the Butte/Tehama County Line is Class C. (72) Rock Creek and Tributaries (Shasta County). Rock Creek and its tributaries are Class H. (73) Rose Creek (Tuolumne County). The main stem Rose Creek is Class C. (74) Rubicon River and Tributaries (El Dorado and Placer counties). The Rubicon River and its tributaries are Class C. No dredge with an intake larger than four inches may be used. (75) Sacramento River and Tributaries (several counties). The main stem Sacramento River from the San Francisco Bay upstream to Shasta Dam is Class A. The Sacramento River and its tributaries from Shasta Lake upstream to Box Canyon Dam are Class A. (76) Salmon River (Siskiyou County). The main stem Salmon River is Class D. (77) Salmon River, North Fork (Siskiyou County). The main stem North Fork Salmon River from the South Fork Salmon River upstream to the Marble Mountain Wilderness boundary is Class D. (78) Salmon River, South Fork (Siskiyou County). The main stem South Fork Salmon River from the North Fork Salmon River upstream to the Trinity Alps Wilderness boundary is Class D. (79) Salt Creek and its Tributaries (Riverside County). Salt Creek and its tributaries are Class A. (80) San Felipe Creek and its Tributaries (Imperial and San Diego Counties), San Felipe Creek and its tributaries are Class A. (81) San Gabriel, East Fork and Tributaries (Los Angeles County). The East Fork San Gabriel River and its tributaries from Cattle Canyon upstream are Class A. (82) San Gabriel River, West Fork and Tributaries (Los Angeles County). The West Fork San Gabriel River and its tributaries from the Rincon Guard Station upstream are Class A. (83) San Joaquin River (several counties). San Joaquin River from the Delta upstream to Friant Dam (Millerton Lake) is Class A. (84) San Juan Creek and Tributaries (Orange and Riverside counties). San Juan Creek and its tributaries from its mouth upstream are Class A. (85) San Mateo Creek and Tributaries (San Diego, Orange and Riverside counties). San Mateo Creek and its tributaries from its mouth upstream are Class A. (86) Santa Ana River and its Tributaries (San Bernardino County). The Santa Ana River and its tributaries from the mouth of Bear Creek upstream are Class A. (87) Santa Clara River and Tributaries (Los Angeles and Ventura counties). The Santa Clara River and its tributaries from the Los Angeles/Ventura County line upstream are Class A, except that Texas Canyon Creek is Class H. (88) Santiago Creek and Tributaries (Orange County). Santiago Creek and its tributaries within the Cleveland National Forest are Class A. (89) Saxon Creek (Mariposa County). The main stem Saxon Creek is Class A. (90) Scott River and Tributaries (Siskiyou County). The Scott River and its tributaries are Class G. (91) Secret Ravine and Tributaries (Placer County). Secret Ravine and its tributaries are Class B. (92) Sespe Creek (Ventura County). The main stem Sespe Creek from the Los Padres National Forest boundary upstream to its confluence with Tule Creek is Class A. (93) Shay Creek and Tributaries (San Bernardino County). Shay Creek and its tributaries are Class A. (94) Shasta River and Tributaries (Siskiyou County). The Shasta River and its tributaries are Class A. (95) Sherlock Creek (Mariposa County) The main stem Sherlock Creek is Class A. (96) Silver King Creek and Tributaries (Alpine County). Silver King Creek and its tributaries are Class A. (97) Six-Bit Creek and Tributaries (Tuolumne County). Six-Bit Creek and its tributaries are Class A. (98) Smith River Middle Fork (Del Norte County). The main stem Middle Fork Smith River is Class D. (99) Stanislaus River (Calaveras, San Joaquin, Stanislaus and Tuolumne counties). The main stem Stanilaus River from the San Joaquin River upstream to Goodwin Dam is Class A, and from New Melones Dam upstream, excluding New Melones Reservoir, is Class C. (100) Sullivan Creek (Tuolumne County). The main stem Sullivan Creek is Class C. (101) Sutter Creek (Amador County). The main stem Sutter Creek from Highway 49 upstream to Pine Gulch Road is Class H. (102) Sycamore Creek and Tributaries (Fresno County). Sycamore Creek, tributary to the Kings River, and its tributaries are Class A. (103) Texas Canyon Creek (Los Angeles County). The main stem Texas Canyon Creek is Class H. (104) Trinity River, Main Stem below Lewiston Dam (Humboldt and Trinity counties). The main stem Trinity River from the Klamath River upstream to the South Fork Trinity River is Class A, from the South Fork Trinity River upstream to the North Fork Trinity River is Class H, from the North Fork Trinity River upstream to Grass Valley Creek is Class D, and from Grass Valley Creek upstream to Lewiston Dam is Class A. (105) Trinity River, Main Stem and Tributaries above Lewiston Dam (Trinity County). The Trinity River and its tributaries above Lewiston Dam are open to dredging from July 1 through October 15. (106) Trinity River, North Fork and Tributaries (Trinity County) The North Fork Trinity River and its tributaries upstream from Hobo Gulch Campground are Class A. (107) Tuolumne River (Stanislaus County). The main stem Tuolumne River from the Waterford Bridge upstream to La Grange Dam is Class A. (108) Tuolumne River, North Fork, and Tributaries (Tuolumne County). The North Fork Tuolumne River and its tributaries are Class B. (109) Turnback Creek and Tributaries (Tuolumne County). Turnback Creek and its tributaries are Class A. (110) Wolf Creek (Nevada County). The main stem Wolf Creek from the Tarr Ditch Diversion (T15N R8E S10) upstream is Class C. (111) Woods Creek and Tributaries (Tuolumne County). Woods Creek and its tributaries from Harvard Mine Road (Jamestown) downstream are Class C, from Harvard Mine Road upstream are Class A. (112) Wooley Creek and Tributaries (Siskiyou County). Wooley Creek and its tributaries are Class A. (113) Yuba River (Yuba County). The main stem Yuba River from its mouth at Marysville upstream to Highway 20 is Class B, and from Highway 20 upstream to Englebright Dam is Class A. (114) Yuba River, North Fork (Sierra and Yuba counties). The main stem North Fork Yuba River from the Middle Fork of the Yuba River upstream to Fiddle Creek is Class H. Note: Authority cited: Sections 5653 and 5653.9, Fish and Game Code. Reference: Sections 5653 - 5653.9, Fish and Game Code. s 230. Issuance of Permits for Contests Offering Prizes for the Taking of Game Fish. (a) Definition of Contests. (1) Type A Contest. Type A contests are those events offering prizes totaling more than $1,000 in value or with more than 50 participants. Type A contests may not exceed three days in duration and no more than one Type A event may be held at any water on the same day for the same game fish category listed in subsection 230(b)(1). If two or more applicants have requested a permit for the same date for a water, the application received first shall be given priority except for black bass contests, see subsection (b)(1)(A) through (D), below. (See subsection 230(e) re: additional restrictions for black bass events.) (2) Type B Contest. Type B contests are those events offering prizes of $1,000 or less and with 50 or fewer participants. (b) Issuance of Permits. (1) Revocable permits to conduct fishing contests (including tournaments, derbies or tagged fish contests) may be issued by the department to any person (as defined by section 67, Fish and Game Code) authorizing the permittee to offer prizes or other inducements for the taking of game fish. The department shall issue such permits if it determines the proposed contest(s) would not be detrimental to the resource. For the purposes of this section, game fish are defined as the following: white sturgeon and green sturgeon; American shad; salmon and trout -all species; goldfish; common carp; hardhead; Sacramento squawfish; western sucker; catfish and bullheads -all species; striped bass; white bass; black bass and sunfish -all species; tilapia -all species; sargo; bairdiella; and orangemouth corvina. Procedures for issuing event permits for black bass fishing contests are specified in subsections (A) through (D), below: (A) A random drawing will be conducted by department personnel to issue Type A permits for black bass fishing contests during July of the year preceding the contest date. Drawings will be conducted the second Friday of July for bodies of water north of the Tehachapi Mountains and the third Friday of July for waters south of the Tehachapi Mountains. Applications will not be accepted prior to July 1 of the year preceding the calendar year in which a contest is proposed. (B) Applicants may submit a completed application(s) (including appropriate fees) to the appropriate department office (see Section 230(b)(2)) or attend the random drawings in person. Applications received prior to the random drawings must be prioritized by the applicant and if not, will be drawn in chronological order based on the contest date. Prior to the drawing, a random number will be assigned to each applicant in attendance and to each group of applications submitted by an individual not in attendance. A series of random drawings of the assigned numbers will be conducted by department personnel and one application accepted for each number drawn. Only one application shall be accepted from each applicant during each consecutive round of the drawing process. Rounds of drawings will be conducted until all applications have been accepted, or there are no more available dates for a given body of water, whichever occurs first. (C) Immediately following the drawing(s), the fees for all successful applications not already submitted must be paid to the department. (D) Permits for applications received after the drawings will be issued in chronological order of receipt, subject to availability. (2) Application shall be made on a standard form provided by the department (APPLICATION FOR PERMIT TO OFFER PRIZES FOR TAKING GAME FISH, FG 775 (Rev. 11/98)), which is incorporated by reference herein), and shall include the name of the sponsor, if any, and the name and address of the applicant, the telephone number where the applicant can be reached, and for each contest: the location and date of the event, total value of the prizes, and expected number of participants. The application must be signed by the applicant. Applications for Type B contests should be submitted to the regional office (see map and addresses of Regional offices attached to application form FG 775 (Rev. 11/98)) nearest to the applicant. Applications for Type A permits must be submitted to the department regional office for the region where the contest(s) is proposed. (3) The application shall be submitted to the department at least 30 days prior to the proposed contest(s). (4) Applications will not be accepted prior to July 1 of the year preceding the calendar year in which any contest is proposed. (5) The department will consider requests for adjustments to approved Type A contest dates, if such requests are received by the issuing regional office not later than 30 days prior to the contest date to be changed. (6) Permits are not transferable. (7) Event and Annual Permits. (A) An Event Permit will be issued for each Type A contest (see subsection 230(a)(1)). (B) An Annual Permit will be issued on a calendar year basis to cover all Type B Contests (see subsection 230(a)(2)) proposed for that year. (8) Cost of permit: See subsection 699(b) of these regulations for the fee for this permit. (c) Observer Requirement. An employee of the department may be assigned as an observer and be present at any contest. The applicant shall reimburse the department $100 per day for the cost of the observer's services and all associated administrative and incidental costs. (d) Compliance with Sport Fishing Regulations. (1) No provisions of these regulations exempt any participant in a contest from the sport fishing regulations, except that the department may, for permitted contests, authorize an exemption to: (A) Regulations which impose an increased minimum size limit larger than 12 inches, a slot size limit, or a reduced bag limit less than five fish for Type A contests, and; (B) Daily bag and possession limits for all permitted black bass contests, insofar that once the daily bag and possession limit has been reached by an individual angler, that same angler may continue to fish under the condition that each additional fish caught must immediately be returned to the water alive and in good condition, or be used to replace a fish being maintained alive and in good condition from the participant's livewell or other suitable holding facility. (2) To prevent the movement of live fish from one body of water to another, the department also may establish permit conditions governing the movement of live fish associated with tournament activities. (e) Additional Restrictions for Black Bass Contests. (1) Insofar as possible, all fish shall be returned to the water alive and in good condition, except the department may for scientific or management purposes, take possession of any fish caught during the contest and provide for retention of unusually large fish by participants. The department shall notify the permittee or his designated representative of such exceptions prior to the start of the contest. (2) All contestants shall have facilities for keeping bass alive and in good condition. The contest or department officials shall have the authority to disqualify any individual from competing if suitable facilities are not available. (3) Only artificial lures may be used. (f) Special Conditions. To provide for the welfare of fish populations or individual fish, the department may impose special conditions not specifically covered herein for any contest. The Department shall provide such conditions in writing to the applicant when issuing the permit. The applicant shall provide copies or otherwise inform every participant of the special conditions. It is unlawful for any person participating in a contest permitted under the authority of this Section to violate any condition of the permit. (g) Submission of Reports. Permittees shall complete and return a report on a standard form (attached to application form FG 775(6/90)) provided by the department, or an equivalent form, within 30 days after the completion of each contest. The permittee shall answer all the questions thereon relating to the contest, so that department personnel may monitor the impact of such events on fisheries resources. (h) Revocation or Denial of Permits. Failure of a permittee to comply with the provisions of this section, and any special conditions applied under this section, can result in the revocation of current permits or denial of applications for future permits, as determined by the department. Note: Authority: Sections 1050 and 2003, Fish and Game Code. Reference: Sections 711, 713, 1050 and 2003, Fish and Game Code. s 231. Exchanging of Sport-Caught Fish. (a) A sport-caught fish exchange permit is required of any person or persons who exchange fresh fish taken under the authority of a sport fishing license for filleted, smoked or canned fish as provided in this section. Upon application and payment of $50.75, the department shall issue such permits. (1) Where Issued. Permits shall be issued at department offices in San Diego, Long Beach, Monterey, Menlo Park, Eureka, Redding, Yountville and the License and Revenue Branch in Sacramento. (2) Limitations of Permit. Permits are nontransferable. (3) Duration of Permit. Permits shall be valid from January 1 to December 31, inclusive or if issued after the beginning of that term, for the remainder thereof. (b) Authorized Species. Any legally taken species of sport-caught fish may be possessed for filleting, smoking or canning if the same fish is returned to the angler or if the fish is exchanged pound for pound, adjusted for loss during processing, or exchanged according to (c) below for various tunas. A reasonable fee to cover processing costs may be charged. The following species may be possessed for canning only, as authorized in subsection (c) below: albacore, bluefin tuna, yellowfin tuna, bigeye tuna, skipjack, and yellowtail. For the purpose of this section, skipjack and yellowtail are included as tuna along with bigeye, bluefin and yellowfin. (c) Exchange Process. (1) Permittees may accept tuna for canning and provide in exchange one (1) six ounce can of albacore (white meat) tuna at no cost as follows: (A) For each pound of tuna received, if the sale price of tuna to the permittee is greater than $4,470.00 per ton. (B) For each two (2) pounds of tuna received, if the sale price of tuna to the permittee is less than $4,470.00, but greater than $2,240.00 per ton. (C) For each three (3) pounds of tuna received, if the sale price of tuna to the permittee is less than $2,240.00, but greater than $1,490.00 per ton. (D) For each four (4) pounds of tuna received, if the sale price of tuna to the permittee is less than $1,490.00, but greater than $1,120.00 per ton. (E) For each five (5) pounds of tuna received, if the sale price of tuna to the permittee is less than $1,120.00, but greater than $900.00 per ton. (F) For each six (6) pounds of tuna received, if the sale price of tuna to the permittee is less than $900.00, but greater than $750.00 per ton. (G) For each seven (7) pounds of tuna received, if the sale price of tuna to the permittee is less than $750.00, but greater than $640.00 per ton. (H) For each eight (8) pounds of tuna received, if the sale price of tuna to the permittee is less than $640.00, but greater than $560.00 per ton. (I) For each nine (9) pounds of tuna received, if the sale price of tuna to the permittee is less than $560.00, but greater than $500.00 per ton. (J) For each ten (10) pounds of tuna received, if the sale price of tuna to the permittee is less than $500.00, but greater than $450.00 per ton. (K) For each eleven (11) pounds of tuna received, if the sale price of tuna to the permittee is less than $450.00, but greater than $410.00 per ton. (L) For each twelve (12) pounds of tuna received, if the sale price of tuna to the permittee is less than $410.00, but greater than $370.00 per ton. (2) Permittees may accept tuna for canning and provide in exchange one (1) six ounce can of yellowfin (light meat) tuna at no cost as follows: (A) For each one (1) pound of tuna received, if the sale price of tuna to the permittee is greater than $2,280.00 per ton. (B) For each two (2) pounds of tuna received, if the sale price of tuna to the permittee is less than $2,280.00, but greater than $1,140.00 per ton. (C) For each three (3) pounds of tuna received, if the sale price of tuna to the permittee is less than $1,140.00, but greater than $760.00 per ton. (D) For each four (4) pounds of tuna received, if the sale price of tuna to the permittee is less than $760.00, but greater than $570.00 per ton. (E) For each five (5) pounds of tuna received, if the sale price of tuna to the permittee is less than $570.00, but greater than $460.00 per ton. (F) For each six (6) pounds of tuna received, if the sale price of tuna to the permittee is less than $460.00, but greater than $380.00 per ton. (G) For each seven (7) pounds of tuna received, if the sale price of tuna to the permittee is less than $380.00, but greater than $330.00 per ton. (H) For each eight (8) pounds of tuna received, if the sale price of tuna to the permittee is less than $330.00, but greater than $290.00 per ton. (I) For each nine (9) pounds of tuna received, if the sale price of tuna to the permittee is less than $290.00, but greater than $260.00 per ton. (J) For each ten (10) pounds of tuna received, if the sale price of tuna to the permittee is less than $260.00, but greater than $230.00 per ton. (K) For each eleven (11) pounds of tuna received, if the sale price of tuna to the permittee is less than $230.00, but greater than $210.00 per ton. (L) For each twelve (12) pounds of tuna received, if the sale price of tuna to the permittee is less than $210.00, but greater than $190.00 per ton. (3) Cans of fish exchanged shall be indelibly marked or embossed with "Not for Sale" or "Illegal to Sell". (4) Fish received for processing under this subsection may only be used for canning. Tuna, except yellowtail, not returned to the angler may be canned and sold or sold to a cannery for the purpose of canning. Tuna not acceptable for canning may be sold for reduction purposes. Yellowtail must be donated to a non-profit charitable institution for food purposes only and may be fresh or processed. (d) Species Limitation. Salmon may only be exchanged for salmon. Striped bass may only be exchanged for striped bass. Tuna may only be exchanged for tuna. (e) Records. Immediately upon receiving fish, a permittee shall record the name, address and fishing license number of the angler, the date the fish were received and the number and weight of all fish by species received from that angler. At the time the fish are returned to the angler or otherwise disposed of, the permittee shall record the species and weight of the fish returned or if not returned to the angler, the disposition of the fish, and the date of return or disposition. Permittees shall keep and maintain all records required by these regulations at their place of business for three years and shall make them available to authorized department personnel upon demand. (f) Transportation. Permittees may transport or provide for the transportation of tuna to canneries or processing facilities outside of California. Fish being transported shall be accompanied by a bill of lading, waybill, invoice or similar accountable document showing the name and address of the consignor, the name and address of the consignee and a listing of all fish by species and the number or weight of each species. (g) Marking. All fish shall be marked by the permittee by removing the entire upper lobe of the tail. This marking shall be done in the presence of the person delivering such fish. Fish so marked shall be kept separate from commercially taken fish until transported to a cannery or processing facility. (h) Waste. It shall be unlawful for any person to allow the deterioration or waste of any sport-caught fish. (i) Revocation of Permits. Any permit may be revoked or suspended by the commission upon a violation by the permittee or the permittee's agent, servant, employee or person acting under the permittee's direction or control of any provision of these regulations or of the provisions of the Fish and Game Code relating to the receiving, processing or sale of fish taken under authority of a sport fishing license. Note: Authority cited: Sections 200, 202, 205, 713, 5510, 7121, 7701 and 7708, Fish and Game Code. Reference: Sections 200-202, 1050, 5510, 7121, 7701 and 7708, Fish and Game Code. s 235. Aquaculture Registration. (a) Registration Required. Pursuant to the provisions of Section 15101 of the Fish and Game Code, all aquaculture facilities must be registered with the department each year. For purposes of Chapter 9, Subdivision 1, Division 1, Title 14, California Code of Regulations, an aquaculture facility is one that is devoted to the propagation, cultivation, maintenance and harvesting of aquatic plants and animals in marine, brackish or fresh water. This registration is not required for: the maintenance of koi and goldfish in closed systems for personal, pet or hobby purposes; the harvest and sale of brine shrimp; and the sale or cultivation of tropical species of ornamental marine or fresh water plants or animals, not utilized for human consumption or bait purposes, but maintained in closed systems for personal, pet industry or hobby purposes. (1) Who Shall Register. The owner of each aquaculture facility shall register each year on forms provided by the department. Individual forms must be completed for each aquaculture facility location. Application forms and a list of laws and regulations governing aquaculture are available from the department's Aquaculture Development Section, 1416 Ninth Street, Sacramento 95814, and from the department's regional offices in Redding, Yountville, Rancho Cordova, Fresno, Long Beach and Menlo Park, on request. (2) Cost of Registration. The registration fee for each new registered owner or operator shall be the fee specified in Section 15101(b) of the Fish and Game Code. (3) Where to Submit Applications. Application forms together with the registration fee shall be submitted to one of the department's regional offices listed in subsection (1) above. Applications will be processed within five working days after approval. Applications shall be made on a form (Application for Aquaculture Registration, FG 750 (2/91), which is incorporated by reference herein) supplied by the department. (b) Registration Limitation. The applicant must certify that he/she has read, understands and agrees to be bound by the regulations of the com-mission and the Fish and Game Code sections governing aquaculture and its products. (c) Duration of Registration. The annual term of registration shall be January 1 to December 31, or if issued after the beginning of such term, for the remainder of that calendar year. Aquaculturists must reregister their facilities by March 1 of each year. Reregistration (renewal) fees shall be the amount specified in Section 15101(b) of the Fish and Game Code. An additional surcharge, specified in Section 15103 of the Fish and Game Code, shall be paid at the time of renewal if the proceeds from sale of aquaculture products of the facility in the preceding year exceed $25,000. Penalties for late renewal will be assessed in accordance with Section 15104 of the Fish and Game Code. Anyone failing to register under this section shall be operating unlawfully. (d) All permits specified in this chapter, in addition to the aquaculture registration issued pursuant to Section 15101 of the Fish and Game Code, shall be issued under the following conditions: (1) Where Issued. Requests for permits required in Chapter 9, unless specifically directed otherwise, shall be submitted to the Department of Fish and Game Aquaculture Development Section, 1416 Ninth Street, Sacramento, CA 95814. (2) Cost of Permit. Except as otherwise provided, see Section 15101 of the Fish and Game Code. (3) Duration of Permits. Except as otherwise provided, permits will be issued on a calendar year basis, or if issued after January 1, for the remainder thereof. Note: Authority cited: Sections 1050, 15005, 15101, 15102, 15103, 15104 and 15200, Fish and Game Code. Reference: Sections 15000-15005 and 15100-15102, Fish and Game Code. s 235.1. Screening Requirements for Aquaculture Facilities. All bodies of water or private hatcheries registered for aquaculture purposes shall be entirely within the exterior boundaries of the land owned or leased by the owner of the facility. No aquaculture facility shall be built or operated on a natural water course or lake without the prior written approval of the department. Prior written approval is not required for aquaculture facilities constructed below a spring rising on private property. For purposes of this section, waters existing seasonally or intermittently and not serving as a passageway or nursery area for anadromous fish are not required to be screened. Except for those facilities using marine water, all artificial inlets and outlets of such bodies of water or private hatcheries used for aquaculture purposes shall be screened to prevent the ingress or egress of aquatic plants or animals. Note: Authority cited: Sections 15200 and 15400, Fish and Game Code. Reference: Sections 17, 15102, 15202 and 15400, Fish and Game Code. s 235.2. Permit to Operate an Aquaculture Facility for Anadromous Fish on Davenport Landing Creek (Santa Cruz County). Permits may be issued to operate a registered aquaculture facility for anadromous fish under the following general terms and conditions: (a) Any permit issued shall be on an experimental basis until its impact on the fishery resource can be ascertained. These regulations shall be applicable only to the waters of Davenport Landing Creek, contained within Santa Cruz County, until January 1, 1996, after which date these regulations and permit shall have no force or effect. (b) Persons desiring a permit to operate an anadromous fish aquaculture facility on Davenport Landing Creek shall file a request with the commission. Commission approval must be obtained following a public hearing as required by section 15901 of the Fish and Game Code. If a permit is authorized by the commission, upon payment of $100.00 a permit will be issued to the permittee by the Wildlife Protection Division following notification by the commission. (c) All fish released into the wild under authority of any permit during the time they are in the wild will become the property of the state and may be taken under the authority of a sport or commercial fishing license. (d) Prior to release into state waters, fish may be examined by the department to determine that they are not diseased or infected with any disease which, in the opinion of the department, may be detrimental to the state fishery resources. If such fish are found to be diseased or infected, they shall not be released into state waters and shall be disposed of in accordance with department instructions. Cost of such inspection shall be paid by the permittee. (e) Importation of eggs or fish into the state by permittee shall be in accordance with section 15600 of the Fish and Game Code and section 236(c) of these regulations. (f) Any liberation of fish by permittee into state waters shall be approved in advance by the department. (g) The department may require the permittee to mark specific numbers of fish prior to their release into state waters. Any marks used by permittee to identify fish released into state waters shall be approved in advance by the department. (h) The permittee shall have the right to trap and retain all fish returning to the stream; the department shall be allowed to examine all fish trapped. (i) All live fish being transported by the permittee shall be in accordance with the provisions of sections 2270-2273, 15005 and 15600 of the Fish and Game Code. (j) All dead fish being transported from facilities operated pursuant to this permit shall be tagged or packaged in accordance with the provisions of section 238 of this title and with section 15005, Fish and Game Code. (k) Permittee shall maintain accurate records on forms provided by the department. Copies of these records will be forwarded to the department monthly, annually, and at times determined by the department. ( l) If, after a hearing, the commission finds that the operation described in the permit and conducted pursuant to this section is not in the best public interest, the commission may alter the conditions of the permit to mitigate such adverse effects, including but not limited to the immediate suspension of operation under the permit. (m) The permittee shall reimburse the department for all actual costs incurred by the department in inspecting and monitoring the permittee's operations. (n) The permittee shall provide all necessary security measures to protect fish at the rearing, release and trapping facilities. (o) Upon termination of the permit, the permittee shall remove all structures and facilities placed in the stream bed by the permittee and shall return the watercourse to its original condition . In the event the permittee fails to do so, the state may restore the site at the permittee's sole cost. The permittee shall post a performance bond, signed by both the permittee and a corporate surety company, in the amount of $15,000, to assure restoration of the premises to their original condition and to assure compliance with all other provisions of this permit. Note: Authority cited: Sections 1050, 15004, 15005, 15101, and 15200, Fish and Game Code. Reference: Sections 1050, 2270-2273, 15005, 15200, 15202, 15900, 15901, 15903, 15905, 15906, and 15907, Fish and Game Code. s 236. Importation of Live Aquatic Plants and Animals. The provisions of this section shall apply to the importation of all live aquatic plants and animals. (a) No person shall import into this state any prohibited species of live aquatic plant or animal listed pursuant to Section 2118 of the Fish and Game Code or Section 671 of these regulations unless specifically authorized by the commission. (b) Unless specifically prohibited by these regulations, plants and animals within the following groups may be imported without an importation permit from the department: (1) Mollusks and crustaceans intended to go directly into the seafood market and which will not be placed into the waters of the state nor placed in waters which are discharged to waters of the state. (2) Live ornamental tropical marine or freshwater plants or animals that are not utilized for human consumption or bait purposes, are maintained in closed systems for personal, pet industry or hobby purposes, and which will not be placed in waters of the state. (3) Brine shrimp. (c) With the exception of those importations described in Section 236(a) and (b), live aquatic plants and animals may be imported into this state only in accordance with the following terms and conditions: (1) A standard importation permit signed by the director or his agent is required, and no shipment into the state may be made prior to the issuance of the permit authorizing the shipment or shipments. The department shall charge a fee of $25.00 for issuing each permit. Fees charged for inspections shall be independent of the fees charged for issuing permits. (2) With the exceptions of the live aquatic animals listed in subsection 236(c)(6), a permit is required for each lot or load, and each shipment must be accompanied by the original copy of the importation permit. Unless otherwise authorized, the person who is to receive any shipments of aquatic plants and animals shall apply to the department for this importation permit. (3) Application for a standard importation permit shall be made on a form (Application for Standard Importation Permit, FG 789 (2/91), which is incorporated by reference herein) supplied by the department, as directed in Section 235(d) and shall reach the department's headquarters office at least 10 working days in advance of the probable arrival date of the shipment. A copy of the permit authorized by the director or his agent must accompany each load. If a change in date of shipment becomes necessary after a permit has been issued, the permittee shall notify the Aquaculture Development Section at least 5 days before the new date of shipment. Under special circumstances, the department may waive this 5-day notice requirement. (4) All live aquatic plants and animals imported into California may be inspected by the department, either at the place of entry into the state or at other locations suitable to the department. The person importing the aquatic plants or animals may be required to provide facilities for inspecting and sorting them, and may be required to pay inspection costs, including salary and travel expenses of the inspector. (5) Any lot or load of aquatic plants and animals found by the inspector to be diseased, parasitized or to contain species not authorized by the importation permit must be immediately destroyed or transported out of California within a period of time specified by the department. In such cases, the importation permit is automatically revoked. (6) In lieu of the permits specified in subsection 236(c)(1), long-term permits for the following aquatic animals may be issued by the department for periods of up to one year. Application shall be made on a form (Application for Long-term Permit to Import Animals into California, FG 786 (2/91), which is incorporated by reference herein) supplied by the department. The department shall charge a fee for issuing each permit. See subsection 699(b) of these regulations for the fee for this permit. (A) Oyster, oyster larvae and oyster seed. (B) Ghost shrimps (Callianassa spp). (C) Mud shrimps (Upogebia spp). (D) Longjaw mudsuckers (Gillichthys mirabilis). (E) Red swamp crayfish (Procambarus clarkii). (F) Orconectes virilis. (G) Marine Annelid worms (Phylum Annelida). (H) Sacramento blackfish (Orthodon microlepidotus). (I) Other species under conditions which the department determines represent no significant risk to the fish and wildlife resources of the state. (7) Importation of Salmonid Eggs. Applications to import eggs of fishes of the family salmonidae (trout, salmon and char) shall be accompanied by a health certificate signed by a person competent in the diagnosis of fish diseases stating that the hatchery or other sources of the eggs to be imported and the eggs themselves are free of the following diseases: infectious pancreatic necrosis (IPN); bacterial kidney disease (BKD); infectious hematopoietic necrosis (IHN); and viral hemorrhagic septicemia (Egtved). In questionable cases, the director of the department shall determine whether or not the person making the certification is technically qualified to do so. (8) Only those aquatic plants and animals lawfully obtained in another state or country may be imported. Note: Authority cited: Sections 1050, 2118, 6401, 15004, 15600 and 15601, Fish and Game Code. Reference: Sections 2116-2191, 2270-2272 and 3201-3204, Fish and Game Code. s 236.1. Importation and Planting of Live Bivalve Mollusks. Note: Authority cited: Sections 1050, 15004, 15005, 15200-15202, 15400 and 15600, Fish and Game Code. Reference: Sections 15004, 15200-15202 and 15600, Fish and Game Code. s 237. Leasing of State Water Bottoms for Aquaculture. (a) Definitions. The following definitions are established for terms used in this section: (1) "Aquaculture Area" means any public waters or private waters contiguous to public waters set aside for the purpose of cultivating, harvesting or relaying of any aquatic plant or animal life. (2) "Aquaculture Agreement" means an agreement for the establishment of an aquaculture area on private water bottoms contiguous to state water bottoms which may include a permit for relaying or depuration of shell fish under authority of Fish and Game Code Division 12. Permits may include use of state or private lands for aquaculture purposes. (3) "Aquaculture Lease" means a lease of state water bottoms for the cultivation of aquatic plants and animals. (4) "Depuration" means the process by which shellfish cleanse themselves of contaminants in a controlled process water environment. (5) "Depuration Facility" means the physical structure, enclosure or device in which depuration is accomplished, including all appurtenances. (6) "Growing Area" means any offshore ocean, coastal estuarine or freshwater area suitable for natural shellfish growth or artificial shellfish propagation and shall include open seawater systems. (7) "Relaying" means the moving of shellfish from one water to another. (8) "Shellfish" in this section means native or nonnative bivalve mollusks. (9) "Classified Areas" include those waters that may be classified by the State Department of Health according to the following: (A) "Approved Area": a shellfish-growing area not adversely affected by sewage or other wastes. (B) "Conditionally Approved Area": a shellfish-growing area that may be occasionally affected by sewage or other toxic substances. (C) "Prohibited Area": a shellfish-growing area not certified because of its proximity to a known waste discharge or because the area is influenced by other detrimental environmental factors. (D) "Restricted Area": a shellfish-growing area subjected to a limited degree of pollution which makes it unsafe to harvest shellfish for direct marketing but where harvesting for relaying or depuration may be permitted. (10) "Lot" is a designated quantity of shellfish that is identifiable and may consist of one or more batches. (11) "Batch" is a measurable, identifiable unit such as bushel, and one or more batches will comprise a lot. (12) "Tidal Area" means the intertidal area between the high tide mark and 1,000 feet offshore. Commercial harvesting of native invertebrates in this area is subject to special permit requirements under Section 8500 of the Fish and Game Code. (b) Applications. (1) Applications for a lease of state water bottoms for aquaculture or for an aquaculture agreement or for a permit to relay or depurate shellfish shall be made to the commission. (2) Applications shall be accompanied by proof of ownership of, or a valid lease on the lands on which the operations are to occur, or description of the state lands which the applicant has leased or intends to lease and on which the operations are to occur. (3) Applications also shall be accompanied by a description of the area involved and a reference map clearly showing the exterior boundaries of the area. The description must be tied to monuments of record and maps must be in a form acceptable for recording in the county(ies) in which the aquaculture area is located. A copy of all maps shall be submitted by the commission to the State Lands Commission. No aquaculture agreement will be valid until the State Lands Commission has certified to the department that the area applied for is unencumbered or the private ownership is properly described, so as not to preclude its use for the proposed culture. (4) No aquaculture lease for state water bottoms will be approved until the commission has held a public hearing at least 90 days after notice thereof has been published in a newspaper of general circulation within the county involved. An aquaculture lease or aquaculture agreement is subject to repeal if a map of the area is not filed by the holder of such lease or agreement in the appropriate county(ies) within 30 days of approval by the commission. (5) No aquaculture agreement for private water bottoms will be approved until the commission has held a public hearing at least 30 days after notice thereof has been published in a newspaper of general circulation within the county involved. An aquaculture agreement is subject to repeal if a map of the area is not filed by the holder of such aquaculture agreement in the appropriate county(ies) within 30 days of approval by the commission. (6) An explanation of the type of operation including the aquaculture practices, relay or depuration activities to be employed, shall be included in all applications for aquaculture leases or agreements. (7) The change of any authorized cultural practices as specified in the aquaculture lease or agreement must have approval of the commission before the change is put into effect. (8) The application shall include information as to whether each of the areas involved in the aquaculture relay or depuration operation has been classified by the Department of Health Services as approved, conditionally approved, prohibited, restricted or unclassified. (c) Aquaculture Leases and Agreements. (1) Aquaculture leases or agreements shall not be modified, amended, transferred, assigned or hypothecated without the approval of the commission. (2) The holder of the aquaculture lease or agreement shall comply with the provisions of the Fish and Game Code and the rules and regulations of the commission and any special provisions set forth in the lease or agreement by the commission. (3) Before an aquaculture lease or agreement is issued by the department, the applicant must present evidence that the applied for aquaculture area has been registered in compliance with Fish and Game Code Section 15101. (4) The department may inspect the depuration facilities, culture or relay areas of a holder of an aquaculture lease or agreement at any time. (5) Vessels used by holders of an aquaculture lease or agreement may be required to maintain clearly visible identifying numbers. (6) The holder of an aquaculture lease or agreement shall record the size, numbers or pounds of shellfish or other marine life planted, relayed or taken in or from waters of the state on forms as designated by the department. (7) Marking of leases. All aquaculture leases shall be clearly marked. Minimum marking requirements shall include: (A) One buoy anchored on each of the four corners and one buoy, possessing radar-reflecting capabilities, anchored in the center of each aquaculture lease. All buoys used to define the boundaries of an aquaculture lease shall be marked in conformance with the International Association of Lighthouse Authorities Maritime Buoyage system regulations (33 CFR Section 62.33 and 66.01-10). (B) All buoys shall bear the Aquaculture Lease No. M- (followed by the appropriate number). (C) Buoys marking the boundaries of an aquaculture lease shall be maintained at all times. If buoys are lost, displaced or are otherwise removed from an aquaculture lease, they must be replaced within a two-week period, weather conditions permitting, or the lease may be subject to termination. (D) If aquaculture leases are located in areas too shallow to effectively maintain buoys, the four corners (boundaries) of a lease may be defined by stakes extending no less than three feet above the surface of the water at mean higher high water supporting the markings prescribed in subsection (A). Stakes used to define the limits of an aquaculture lease shall be marked and maintained in the same manner as buoys in the preceding subsections. (E) Each aquaculture lessee shall make application to the U.S. Coast Guard, Aids to Navigation Branch, 400 Ocean Gate, Long Beach, CA 90822, for approval of the buoys and markings to be established on aquaculture leases. (d) In addition to other requirements, a permit to relay or depurate shellfish shall contain the following conditions: (1) An operation conducted under an aquaculture agreement or a relay or depuration permit that receives shellfish from the licensee's or permittee's own lands or lands leased by it, is not required to be licensed as a wholesale fish dealer and preserver, but shall maintain such records as are required by the department to monitor such operations, including but not limited to: data with respect to each batch of shellfish depurated or relayed that will show: its origin and quantity; date or reception by the depuration facility or relay bed and the length of time held in the facility or bed; and their final disposition. All depurated or relayed shellfish shall be identified by a tag or label securely fastened to the shipping container and bearing the certificate number of the shipper, his name and address, the name and address of the consignee, and the kind and quantity of shell- fish in the container and the batch or lot number. (2) The operator of a depurating facility receiving shellfish from other than the operator's owned or leased areas shall obtain a wholesale fish dealer's and preserver's license prior to the department's issuance of a permit and the permittee will maintain such records as required by the department. (3) A relay or depuration permittee, moving shellfish for the purpose of cleansing, shall satisfactorily identify each lot of shellfish harvested and maintain its identity separate from other shellfish throughout its relaying or depuration process until certification by the Department of Health Services that edible shellfish standards have been met. (4) Persons holding an aquaculture lease or agreement who relay shellfish from one area of the state to another, whether from private or public water bottoms, shall give the department notice two working days prior to the relay. Such notification shall be given to the department's office specified in the agreement. (5) No shellfish shall be relayed without obtaining written permission from the department. (6) Shellfish harvested from a conditionally approved or restricted area for relaying or depuration, shall be identified by a lot number. Shellfish so identified must be kept separate throughout the relaying or depuration process. (7) Oysters, clams and mussels harvested for human consumption from the waters of Districts 12 and 13 by commercial fishermen, shall be taken only for the purposes of relaying or depuration. (8) Shellfish produced by a registered aquaculture facility within the state may be relayed at any time. Such shellfish shall be free of disease and parasites so as to pose no threat to the environment. Hatcheries producing shellfish to be planted in state waters shall be inspected by the department for the presence of disease organisms at least once a year and, following such inspection, a permit authorizing planting of specified species for the ensuing year may be issued. In lieu of the hatchery inspection, at the option of the registrant, inspection of each lot from the hatchery that is to be planted in state waters shall be requested. Request for inspecting each lot shall be made by the registrant at least two working days prior to the transfer. A written permit authorizing the planting shall be obtained before planting the shellfish. (9) Subsection (d)(8) does not preclude inspections under Section 1006 of the Fish and Game Code. (e) Shellfish relayed from Districts 12 and 13. (1) Native shellfish taken from Districts 12 and 13 under an aquaculture lease or agreement for purposes of purification, whether from public or private lands, are subject to a royalty of 0.0125H per pound after taking the shellfish from the relaying or depurating sit. For the purpose of computing the royalty, the charge shall be based on the weight (including shell) of the shellfish after completion of the cleansing process. The royalty is payable within 30 days after close of the calendar month in which it became due. If not paid within 60 days after the close of the month for which it became due, a penalty equal to 10% of the royalty shall be added to it. (2) Nonnative shellfish relayed from Districts 12 and 13 and relayed for the purposes of purification, are subject to a 0.02H per pound fee after taking them from the relaying or depuration site. The fee is charged to cover administrative costs and is subject to adjustment and penalty as described in subsection (e)(1). (f) Persons holding an aquaculture lease or agreement and using state water bottoms shall, in addition to the acreage rental fee for use of state water bottoms, be assessed a fee on all shellfish harvested not to exceed the privilege tag as provided in Fish and Game Code Section 15003. The fees shall be subject to the penalty and adjustment as described in subsection (e)(1). These fees shall not apply to the harvesting of shellfish from state or private water bottoms in Districts 12 and 13 for the purposes of cleansing. When water quality in Districts 12 and 13 permits direct use of the shellfish from state water bottoms or native shellfish from private water bottoms, the fee established by Fish and Game Code Section 15003 shall apply. (g) Agar-bearing plants taken from state waters are subject to the fees of Section 165(a)(2)(E) of this title. (h) Oysters, clams and mussels harvested from Districts 12 and 13 for commercial purposes must be taken by licensed commercial fishermen. In addition to a commercial fishing license, every fisherman when harvesting shellfish, must have in his possession a current permit issued pursuant to Section 123 of this title. Only those species listed on the permit for harvest from Districts 12 and 13 may be taken. (i) Improvements of aquaculture leases. (1) Oyster Cultivation. (A) Bottom culture: leases must be improved at an average rate of at least two cases of seed-bearing shell (160 pounds of seed-bearing shell) or 30 bushels of shellfish one or more years of age per acre over the allotted acreage per year. Improvements by unattached, single seed (less than one year old) shall consist of planting an average rate of 10,000 single seed per acre per year over the allotted acreage. Term of improvement shall be four years for seed-bearing shell and three years for oysters one or more years of age. (B) Off-bottom culture: leases must be improved at an average rate of at least one case of seed-bearing shell (80 pounds of seed-bearing shell), or 15 bushels of oysters one or more years of age per acre over the allotted acreage per year. Improvement by unattached single seed (less than one year old) shall consist of planting an average rate of 5,000 single seed per acre per year over the allotted acreage. Term of improvement shall be four years for seed-bearing shell and three years for oysters one or more years of age. (C) Production requirements: the annual harvest rate shall be an average of 2,000 oysters per acre (over one year of age) over the allotted acreage effective three years after the effective date of the lease. Harvest reports shall be recorded in the form of a receipt in quadruplicate furnished by the department. The triplicate copy shall be delivered to the department on or before the first and sixteenth day of each month. (2) Miscellaneous Aquatic Species. (A) A lease of state water bottoms for the cultivation of species other than oysters will include minimum planting and harvesting requirements for the species to be cultivated to insure that water bottoms so encumbered will be used for the purpose intended. (B) Harvest amounts shall be recorded in the form of a receipt in quadruplicate furnished by the department. The triplicate copy shall be delivered to the department on or before the first and sixteenth day of each month. (j) As proof of use, holders of aquaculture leases shall submit to the department office designated in the lease agreement, a written declaration under penalty of perjury showing the date, quantity of species and acreage in each planting, also including a map showing acres, amounts and dates planted. Note: Authority cited: Sections 1050, 8500, 15003, 15101, 15200, 15400 and 15408, Fish and Game Code. Reference: Sections 1050, 8500, 15003, 15101 and 15400, Fish and Game Code. s 238. Sale and Transportation of Aquatic Plants and Animals. Importation of live aquatic plants and animals is governed by Section 236 of these regulations. Except as provided for by Section 236, aquaculture products may be sold or transported in this state only in accordance with the following general terms and conditions: (a) All aquaculture products sold or transported under the provisions of this section must have been legally reared or imported by an aquaculturist registered in this state. (b) The following provisions apply to transactions of aquaculturists involving aquaculture products: (1) A registered aquaculturist may sell and transport live aquaculture products authorized by that registration to any other aquaculturist authorized to possess the same species. (2) All shipments of authorized aquaculture products shall be accompanied by a duplicate of a sales invoice or waybill showing the name of the producer, the producer's aquaculture registration number, date of shipment, the species being transported, the weight, volume or count of each species in the shipment, and the name and address of the consignee. (3) Duplicates of the required sale or shipping documents shall be retained by the producer, and by the shipper, if different from the producer, for a period of one year from the date of sale. The records shall be shown upon written demand by the director of the department. The information contained in these documents is confidential except that such information may be disclosed in accordance with a proper judicial order in cases or actions instituted for enforcement of this section or for prosecution of violations of this section. (c) A registered aquaculturist may sell and transport live those aquaculture products authorized by that registration to any of the following whose licenses or permits authorize the possession of the same live plants and animals for commercial purposes. Documents as described in Section 238(b)(2) shall accompany each shipment. Aquaculture products may not be stocked in any water of the state, except as provided for in Section 238.5 of these regulations. (1) Scientific or educational establishments; (2) Aquarium Dealer Permittees (See Section 227 of these regulations); (3) Live Freshwater Bait Fish Licensees (See Sections 200 through 200.31 of these regulations); (4) To any other legal purchaser or possessor for whom possession is legal. (d) The following provisions apply to the operator of any commercial establishment where aquaculture products are maintained alive for human consumption: (1) Under no condition shall these aquaculture products be stocked in any waters of this state. (2) The operator may transport live aquaculture products between aquaculture facilities, retail sales stores, and/or wholesale distribution points. Documents as described in Section 238(b)(2) shall accompany each shipment. (3) The operator shall retain copies of all sales invoices or waybills received with the products. Such invoices or waybills shall be retained by the operator for a period of at least one year following receipt of the aquaculture products listed thereon, and such invoices or waybills shall be produced upon request of an official of the department. (4) All aquaculture products, except live shellfish, sold and leaving the premises of the operator shall be killed and accompanied by a sales receipt showing the date of purchase and name of business where purchased or be packaged in accordance with Section 240 of these regulations. (e) Marking and Tagging Requirements. (1) Abalone. (A) All abalone produced by an aquaculturist registered pursuant to Section 15101 of the Fish and Game Code may be possessed, harvested, sold and transported, provided the abalone are identifiable as being cultivated or are packaged in sealed containers as provided for in Section 240 of these regulations. Such abalone are exempt from the size limits established by Section 8304 of the Fish and Game Code. (B) Abalone which spend part of their life in marine waters of the state, other than while in an aquaculture facility, must have an identifying mark or tag approved by the Department, or be otherwise identified as a product of aquaculture by a method approved by the Commission. Such identifying mark or method must be approved, or a tag attached, prior to the abalone being placed in waters outside the aquaculture facility. For purposes of this section, the term "aquaculture facility" includes a hatchery, rearing facility, pen, cage or any similar structure or device. (C) Any person other than a registered aquaculturist processing cultured abalone at the wholesale level must possess a revocable processing permit for cultured abalone, as issued by the department. (f) Retail Sales of Aquaculture Products at an Aquaculture Facility. All aquaculture products sold at an aquaculture facility shall be dead at the time of sale except for: (1) Aquaculture products sold under the provisions of Sections 238(c), 238(d)(2), or 238.5 of these regulations. Aquaculture products sold under provisions of Section 238.5 of these regulations may be transported live and stocked as provided for by Section 238.5 of these regulations by retail customers. Documents as described in Section 238(b)(2) shall accompany each shipment, and records as described in Section 238(b)(3) shall be maintained by the aquaculturist and the retail customer. (2) Striped bass, hybrid striped bass, abalone, steelhead trout and sturgeon sold pursuant to the provisions of Section 240 of these regulations. (3) Aquaculture produced shellfish purchased at retail and taken from the aquaculture facility by the purchaser need only be accompanied by a sales receipt showing the name and aquaculture registration number of the producer, the item(s) and quantity purchased and the date of purchase. All other shipments of aquaculture products shall be accompanied by a sales invoice or waybill as provided in Section 238(b)(2) of these regulations. (4) Those freshwater bait fishes that would be legal for sale as live bait by a licensed Live Freshwater Bait Fish Dealer in the same sport fishing district or portion of sport fishing district in which the aquaculture facility is located (see Sections 4.10 through 4.30 and Sections 200.13 through 200.31 for legal live bait fishes). Note: Authority cited: Sections 1050, 6401, 7701, 8040, 15005, 15200, 15202 and 15400, Fish and Game Code. Reference: Sections 17, 1050, 6400-6401, 7701-7708, 8040, 8304, 8371, 8435, 8436, 15005, 15200, 15202 and 15400-15415, Fish and Game Code. s 238.5. Stocking of Aquaculture Products. Upon stocking, aquaculture products are wild and therefore "fish" as defined by Section 45 of the Fish and Game Code, except when stocked into a registered aquaculture facility. No person shall stock aquaculture products in this state except in accordance with the following general terms and conditions: (a) All aquaculture products stocked under these provisions must be legally reared or possessed by an aquaculturist registered in this state. No person shall stock aquaculture products which are parasitized, diseased or of an unauthorized species. (b) Live aquaculture products shipped to Inyo or Mono counties must be certified by the department as disease and parasite-free before being stocked in waters in those counties. (c) A registered aquaculturist producing or possessing rainbow trout (Oncorhynchus mykiss), largemouth bass (Micropterus salmoides), bluegill (Lepomis macrochirus), redear sunfish (Lepomis microlophus), Sacramento perch (Archoplites interruptus), channel catfish (Ictalurus punctatus), blue catfish (Ictalurus furcatus) and white catfish (Ictalurus catus), may stock these species under the following terms and conditions. Only publicly owned lakes covered by a cooperative agreement between the department and the lake operator and privately owned reservoirs, lakes and ponds in the following counties or portions thereof may be stocked without a stocking permit: Alameda, Butte, Colusa, Contra Costa, Glenn, Imperial, Kern, except in the Kern River drainage above Democrat Dam; Kings, Lake except in the Eel River drainage; Los Angeles, Merced, Napa, Orange, Riverside, Sacramento, San Benito, San Bernardino, San Diego, San Joaquin, Santa Barbara, Solano, Stanislaus, Sutter, Tehama, Ventura, Yolo, Yuba; those portions of Amador, Calaveras, El Dorado, Mariposa, Nevada, Placer and Tuolumne west of Highway 49; Fresno west of the Sierra and Sequoia National Forest boundaries; Madera west of the Sierra National Forest boundary; and Tulare west of the Sequoia National Forest and Sequoia National Park boundaries. (d) Except for those species listed in Section 238.5(c) when planted into those specific areas and waters covered in Section 238.5(c), no person shall stock aquatic plants and animals except as follows: (1) Each stocking of fish shall require a separate Private Stocking Permit (FG 749 (Rev. 5/93), which is incorporated by reference herein) issued by the department. A copy of this permit shall accompany all shipments. However, a copy of the same permit (FG 749 (Rev. 5/93)) may be used for additional consignments of the same species when stocked in the same water or waters, until cancelled by the department. See subsection 699(b) of these regulations for the fee for this permit. (2) Application for the private stocking permit shall be made to the regional manager of the Fish and Game region in which the fish are to be stocked. An application will be supplied to each applicant upon request. (3) No person shall stock any species of fish in any water in which the stocking of such fish is contrary to the fisheries management programs of the department for that water or drainage, or in any water from which such fish might escape to other waters where such fish are not already present. All applicants will be advised upon request of the said departmental fisheries management programs. (4) Permittee shall notify the regional office of the department not less than 10 days in advance of stocking in order to make arrangements for inspection. Such inspection may be waived at the discretion of the department. If, upon inspection, diseased or parasitized fish or fish of unauthorized species are found by the department to be present, they shall be disposed of by the permittee as directed by the department. The department may require that the expense of any inspection made necessary by the provisions of these regulations be borne by the permittee. (5) A stocking permit may be cancelled or suspended by the department upon conviction of a violation of these regulations by a court of competent jurisdiction. Cancellation or suspension may be appealed to the commission. (6) A stocking permit is valid only when signed by the applicant. (e) A registered aquaculturist selling and transporting aquatic plants and animals for the purpose of stocking in this state shall retain copies of documents required by Section 15005(b) of the Fish and Game Code for a period of three years following stocking of the fish. The documents shall be shown upon written demand by the director of the department. The information contained in the documents is confidential except that such information may be disclosed in accordance with a proper judicial order in cases or actions instituted for enforcement of this section or for prosecution of violations of this section. (f) Except for Inyo, Mono, San Bernardino, Riverside and Imperial counties, mosquitofish (Gambusia affinis) may be planted for purposes of mosquito control without obtaining a permit otherwise required by these regulations. In Inyo and Mono counties and in public waters of San Bernardino, Riverside and Imperial counties, mosquitofish may not be planted without the written concurrence of the department. Note: Authority cited: Sections 1050, 2363, 6401, 7701, 7708, 15005, 15200, 15202, 15501 and 15504, Fish and Game Code. Reference: Sections 17, 45, 1050, 6400-6401, 7701-7708, 8371, 8435, 8436, 15005, 15200, 15202 and 15504, Fish and Game Code. s 238.6. Triploid Grass Carp Stocking. Pursuant to Section 6450 of the Fish and Game Code, the department may issue permits to stock triploid grass carp. (a) Purpose for Stocking. This section provides for the introduction of triploid grass carp, solely for the purpose of managing and controlling nuisance submerged aquatic plants. Triploid grass carp may only be stocked in waters approved by the department. (b) To Whom Issued. Triploid grass carp stocking permits may be issued to a person, organization, or agency, to control or eradicate nuisance submerged aquatic plants, only within those waters under their control. (1) Triploid grass carp stocking permits are not transferrable to persons, organizations, or agencies other than the permittee, except in the event that ownership of, or legal control over a water body named in the permit is transferred from the permittee to another person, organization, or agency. In this event, the permittee shall notify the department in writing within 10 (ten) days of the transaction. In addition, the permittee shall be responsible for informing the new owner of, or party assuming legal control over that water body, that triploid grass carp have been stocked therein. For the remaining term of the existing permit, said permit shall be transferred to the new owner of, or party assuming legal control over said water body, provided that said party agrees in writing to comply with the terms and conditions specified in this section. After expiration of the existing permit, the party assuming permittee status shall be required to renew the grass carp permit pursuant to subsection 238.6(e)(3)(B). (2) Grass carp programs approved by the department on or before June 1, 1995 shall be exempt from the provisions of this section. Such programs shall be allowed to continue operations under a Private Stocking Permit (Form FG 749- (revised 5/93)), provided that the permittee: furnishes proof that the site had prior approval under a program approved by the department on or before June 1, 1995. (c) Limitations. (1) No permits shall be issued to stock grass carp in any major drainage or water having an open freshwater connection to other waters of the state (e.g., streams, rivers, lakes, or reservoirs). (2) No permit shall be issued for grass carp introductions within the 100-year flood plain, as defined by the Federal Emergency Management Agency (FEMA), or local agency responsible for flood control, with the following exceptions: (A) Grass carp introductions may be permitted within closed basins, including that of the Salton Sea, subject to the conditions stated in subsections (c)(3) and (4), below. (B) Along the Colorado River and in basins where the 100-year flood plain zones have not been defined, permit approval shall be based upon department evaluations. (3) For water bodies open to public angling, or those located within residential-area golf courses, triploid grass carp introductions shall be limited to those waters which have been determined by the department to be secure from removal or escape of grass carp. (4) No permit shall be issued for grass carp introductions into waters inhabited by plants or animals designated as threatened, endangered, or species of special concern. (5) Only those grass carp which have been reared, held and transported in aquaculture facilities and equipment, inspected and certified by the department as being free of diseases and parasites may be stocked under the provisions of this section. In addition, the department shall: (A) restrict grass carp introductions to those grass carp that have been rendered sterile immediately after the eggs have been fertilized, (B) require individual fish to be checked to ensure that a third, triploid, set of chromosomes has been retained, preventing further reproduction by the individual fish, (C) limit aquatic plant pest control programs using grass carp to the use of sterile triploid grass carp with documented certification of triploidy to ensure sterility, and (D) inspect prospective grass carp aquaculture rearing facilities, holding facilities and transporters, to certify that they are free of diseases and parasites, and that they are secure from the escape of grass carp. (6) Each triploid grass carp shall be implanted with serially-numbered tags provided or approved by the department. (7) The department may limit the number and minimum size of triploid grass carp to be stocked in any proposed water. The number of triploid grass carp stocked may not exceed that specified on the permit, unless the permittee has obtained a department approved amendment to said permit. (8) Security measures acceptable to the department shall be in place before triploid grass carp may be introduced into permitted waters. Such devices may include, but are not limited to, the following: fenced enclosures, locked gates, controlled access, and bird netting. (9) Wherever barriers or screens are required to contain triploid grass carp within a proposed stocking site, the design for such structures must be approved by the department, and said structures shall be installed by the applicant prior to issuance of the Triploid Grass Carp Stocking Permit. (10) Prior to stocking, permittee shall post prominent notices at each stocking site declaring the penalties for unauthorized removal of triploid grass carp. (11) The permittee shall not place triploid grass carp in waters other than those specified in the permit. (d) Permits. (1) The term of the permit shall be one calendar year or remaining portion of the year. (2) An amendment to change permit conditions may be issued by the department at any time during the term of the permit upon written request by the permittee, provided that such changes are consistent with the provisions of this section. (3) The permittee shall retain a copy of the triploid grass carp stocking permit while grass carp are present in the permitted water. Said permit shall be available for presentation on request of any department employee. (4) The department shall deny an application to stock triploid grass carp in any water body, if such proposed stocking is inconsistent with the provisions of this section. (e) Application procedure. Applications shall be submitted on a form (Application for Triploid Grass Carp Stocking Permit for Aquatic Plant Management, FG 749-TGC (12/96), which is incorporated by reference herein) supplied by the department and may be filed with the department at any time. All applications shall be sent to the address indicated on the form and shall be submitted with appropriate application and inspection fees (see subsection (b)(3) below). (1) Application Requirements. The applicant shall provide the following information, when requesting said permit, as well as when renewing an existing permit: (A) Name, address, and affiliation of applicant. (B) Location of the proposed stocking site. (C) Number and type of water bodies to be stocked, and their sizes, in acres, or in square feet for waters less than one acre. (D) Source of water supply and locations of water outlets, if applicable. (E) A description of aquatic plant management problems, including but not limited to: 1. Type(s) of aquatic vegetation present, relative abundance of each, expressed as percentage of surface coverage, at the peak of the growing season. 2. Desired vegetation quantity or coverage. (F) Number of triploid grass carp requested. (G) Existing water quality data for the proposed water, if any. (2) Inspection. (A) Initial Inspection of Proposed Waters. All waters proposed for triploid grass carp stocking shall be subject to inspection by the department, to verify stocking is consistent with the provisions and limitations of this section, and to determine the number of triploid grass carp to stock. (B) Periodic Follow-Up Inspections. All waters stocked with triploid grass carp shall be subject to inspection by department employees. (3) Fees. The application and inspection fees shall be paid to the department at the time the Triploid Grass Carp Stocking Permit application is filed. (A) Pursuant to Section 6454 of the Fish and Game Code, the department shall charge the following fees to defray costs incurred in the initiation and implementation of the Triploid Grass Carp Program: 1. Stocking fee: $15.00/fish, and 2. Annual renewal fee: $7.50/fish Note : The stocking fee will be assessed upon initial stocking and at any subsequent time that additional fish are added. Renewal fees are based on the number of fish remaining in the pond. The renewal fee is based on the presumption that no fish have been removed from the pond unless the permittee can provide proof acceptable to the department that fish have died or have been removed from the pond. (B) All permits expire on December 31. Permits must be renewed by March 1 of the following year. If permit renewal fees are not received by the department on or before March 1, the department may eradicate all grass carp present in ponds for which permits have lapsed. (f) Annual Reports. (1) On or before March 1 of each year following the first year after triploid grass carp have been stocked, all permittees shall submit to the department a report documenting the progress of the aquatic vegetation control program in the permitted water. This report shall be submitted on a form furnished by the department (Triploid Grass Carp Stocking Permit Annual Report Form (FG 749-Rep (12/96)), which is incorporated by reference herein. (2) Pursuant to Fish and Game Code subsection 6453(b), the permittee shall continue to submit annual reports until five years after the use of grass carp to control aquatic plant pests is terminated, unless acceptable evidence is provided to the department that all grass carp have been removed from the water. (3) Permit amendments to stock triploid grass carp in excess of the number specified in the original permit shall be denied if the permittee fails to submit such reports. (g) No live triploid grass carp shall leave the permittee's waters without advance approval in writing from the department. (h) Permit Revocation. (1) The department may revoke a Triploid Grass Carp Stocking Permit at any time upon its determination that the permittee has not complied with the terms and conditions of the permit, or if grass carp are used in any manner that is inconsistent with the provisions of this section. (2) Upon revocation of the permit, all grass carp possessed under the privileges of the permit may be seized by the department for disposition deemed appropriate by the department. Note: Authority cited: Sections 6450, 6454 and 6459, Fish and Game Code. Reference: Sections 6450-6460, Fish and Game Code. s 240. Transportation, Possession and Sale of Sturgeon, Striped Bass, Hybrid Striped Bass (Striped Bass Crossed with White Bass), Abalone and Steelhead Trout Produced or Imported by Registered Aquaculturists for Aquaculture Purposes. All sturgeon, striped bass, hybrid striped bass, abalone and steelhead trout produced or imported by registered aquaculturists for aquaculture purposes shall be transported, possessed and sold as provided in this section. For purposes of these regulations, aquaculture products are products of aquaculture as defined by Section 17 of the Fish and Game Code. (a) Such aquaculture products must be accompanied by a duplicate of a sales invoice or waybill, showing the name and address of the producer, the producer's aquaculture registration number, date of shipment, the species being transported, the weight, volume, or count of each species in the shipment, the name and address of the intended receiver and tag number if subject tag is required. (b) The consignee shall retain a copy of the bill of lading or similar accountable document for one year and make it available to the department upon request. (c) Live aquaculture products are not subject to the provisions of subsections (c), (d) and (e). All dead aquaculture products or parts thereof, except hybrid striped bass sold whole or in the round with the head attached, transported or sold within the state pursuant to this section shall be either: (1) Packaged in sealed containers or boxes. Each container or box shall be clearly labeled showing a description of the contents and an identification of the shipper; or (2) Tagged with consecutively numbered cinch-up vinyl plastic spaghetti tags with a legend showing the name of the shipper along with the city and state of origin. The tag sequence shall be present on all invoices and waybills. Reusable tags may not be possessed in the State of California. When tags are removed from the aquaculture products they must be destroyed by cutting through that portion of the tag which contains the name of the shipper and the tag number; or (3) Clearly marked, using liquid nitrogen and a metal band, with an "A," 1/2- inch square, posterior to the head, anterior to the dorsal fin and above the lateral line. All aquaculture products shall be marked when alive but may be killed prior to transport or sale. (d) No such dead aquaculture products may be possessed at a place where aquaculture products are sold unless packaged, marked or tagged in the manner described in subsection (c) except that operators or employees of retail stores, restaurants or other eating establishments may remove portions from packaged, marked or tagged aquaculture products when such portions are being displayed or prepared for actual sale to a consumer or for actual consumption on the premises. (e) Aquaculture products tagged, marked and/or packaged under subsection (c) above may be processed and repackaged or retagged by dealers possessing a revocable processing permit issued by the Wildlife Protection Division of the department specifically for striped bass, hybrid striped bass, sturgeon, abalone and steelhead trout. The permit shall be issued free of charge on a calendar year basis, or part thereof. When transported for sale such aquaculture products or portions of aquaculture products shall meet the transportation requirements of subsections (a) and (b). (f) Live aquaculture products may not be imported except in accordance with Section 236, Title 14, California Administrative Code. (g) Live hybrid striped bass may not be imported or possessed by registered aquaculturists except under the terms of a permit issued by the department, specifying conditions under which these aquaculture products may be reared and transported. Requests for permits shall be submitted to the Department of Fish and Game Aquaculture Development Section, 1416 Ninth Street, Sacramento, California 95814. (h) Live hybrid striped bass shall only be possessed or sold in Imperial, Los Angeles, Orange, Riverside, San Bernardino, San Diego, San Luis Obispo, Santa Barbara. Ventura, Lassen and Modoc counties. (i) All aquaculture products held live for retail sale shall be killed at the time of sale and be dead before leaving the retailer's premises, and under no condition may these aquaculture products be stocked in any lake, pond or stream. Note: Authority cited: Sections 1050, 7701, 7708, 15005, 15102, 15200, 15202 and 15600, Fish and Game Code. Reference: Sections 1050, 2348, 7700-7703, 8371, 8431 and 15505, Fish and Game Code. s 241. Importation of Salmonid Produced in Idaho. No live wild or cultured fish of the family Salmonidae (trout, salmon and chars) produced in the State of Idaho, nor their live eggs, nor live fish hatched from their eggs may be imported into California. Note: Authority cited: Section 15510, Fish and Game Code. Reference: Sections 15500 and 15510, Fish and Game Code. s 243. Take of Aquatic Plants, Invertebrates, Fishes and Bullfrogs from the Wild for Use as Broodstock for Aquaculture Purposes. Pursuant to the provisions of sections 5503 and 15300 of the Fish and Game Code, aquatic plants, invertebrates, fishes and bullfrogs (Rana catesbeiana) may be taken from the wild for aquaculture purposes only in accordance with the following regulations: (a) This section does not apply to the following: (1) The take of live freshwater fish for sale as bait (see sections 8460-8463 of the Fish and Game Code and sections 200-200.31 of title 14, CAC). (2) The take of aquatic animals by commercial fishermen (see section 226.7, title 14, CAC). (3) The take of anadromous fish under restrictions applied to ocean ranching (see sections 15900-15908 of the Fish and Game Code and section 235.2, title 14, CAC). (b) The department may issue a revocable, nontransferable permit to collect aquatic plants, invertebrates, fishes and bullfrogs from the wild for use in developing a domesticated broodstock for aquaculture purposes. Permits shall not be issued for striped bass or white sturgeon except by specific commission authorization. No permits shall be issued for golden trout, steelhead trout, chinook salmon or coho salmon, or for those animals listed by the state or federal government as endangered, threatened or fully protected. Permits shall state the name of permittee, permittee's aquaculture registration number, name of the collector(s) if different from permittee, species to be collected, number or total weight to be collected, collection locations and methods, period for which the permit is valid and any special collection requirements. (1) Who May Obtain Permits. Permits shall be issued only to the owner or operator of an aquaculture facility currently registered according to section 15101 of the Fish and Game Code and section 235 of title 14, CAC. The aquaculturist must be authorized by said registration to possess the species to be taken. The aquaculturist may designate, on the permit application, a person to collect for him. (2) Cost of the Permit. An administrative fee of $50 shall be charged for processing the permit. The department shall assess an additional fee, equal to the actual costs to the department in salaries, travel expenses and equipment use, if any department personnel are required to assist in the collection or inspection of the wild broodstock. The department may waive any portion of the fees, except the $50 administrative fee, if the permittee agrees to restock into the wild a portion of the cultured progeny of wild broodstock. Fees waived may not be in excess of the current wholesale market value of the progeny stocked. The number of progeny and place to be stocked may be negotiated by the department and the permittee. (3) How to Apply for the Permit. Application for the permit shall be made on forms provided by the department. Application forms are available on request from the Aquaculture Development Section, Department of Fish and Game, 1416 Ninth Street, Sacramento, CA 95814. Completed and signed application forms and the $25 administrative fee shall be submitted to the Department of Fish and Game, Aquaculture Development Section, 1416 Ninth Street, Sacramento, CA 95814. (c) Who May Collect Wild Broodstock. Wild broodstock shall be collected only by those persons listed on the permit. At least one of the persons designated by the permit shall be present when animals are collected. Collectors shall have the collection permit in their possession while engaged in collection activities and while transporting species collected to the permittee's registered facility. Persons assisting the collector, and under their direct supervision, need not have a broodstock collection permit. The department may require that an employee of the department be present to monitor collection operations, or that the broodstock be collected by department personnel. All costs to the department for monitoring or collecting shall be borne by the permittee. Any special conditions applied to the collection of wild broodstock shall be stated on the permit. (d) Collection Methods and Gear. All aquatic plants and animals authorized to be taken by the permit shall be captured only in those waters and only with those types of gear specified in the permit. All species other than those specified in the permit shall be returned immediately in good condition to the water of origin. The permittee shall comply with department requirements concerning construction and deployment of collection gear. Locations and times of collecting and the amount taken may be restricted by the department to protect the wild populations of authorized species or other species found in the collecting area, or to reduce interference with angling. (e) Notification of Department. Before making any collection, the permittee shall notify the department's regional office having responsibility for the area where the permittee wishes to collect. Such notification shall reach the regional office by letter, telephone or personal contact at least 48 hours in advance of the collection date(s) and shall include the locality, dates and time(s) during which collecting is to be done. (f) Written Reports. Permittee shall submit a written report within six months of the permit's expiration date or prior to application for any additional broodstock collection permits, whichever is earlier. The report shall state the number of plants or animals collected, the location and condition of the wild broodstock and the number or amount of progeny cultured. (g) Disposition of Wild Broodstock and Their Cultured Progeny. Wild plants and animals taken under the authority of this permit remain the property of the state and shall not be sold, bartered or traded without written permission of the department. Wild broodstock shall be held only at an aquaculture facility registered by the permittee. The department may require that animals obtained under this permit be returned alive and in good condition to the water where taken or donated to a charitable organization approved by the department. The cultured progeny of plants and animals lawfully obtained under the authority of a broodstock collection permit are the exclusive property of that person who cultured them, or that person's successor in interest. (h) Permittees shall allow authorized department employees to inspect any and all wild broodstock authorized by this permit and their holding facilities. Inspections may be made during normal working hours or with prior notification, if some other time is agreeable to both parties. (i) Permit Denial or Revocation. The department may deny or revoke a permit to take wild plants and animals for use in developing a domesticated broodstock for the following reasons: (1) To protect an aquatic resource. (2) To protect public safety. (3) A commercial source is available. (4) The applicant does not have facilities or experience necessary to develop a domesticated broodstock from wild plants or animals. (5) The applicant or permittee has demonstrated repeated failure to develop a domesticated broodstock from wild plants or animals. (6) The applicant or permittee, his designated collector or an employee or assistant has violated the terms of a permit issued for the collection of wild broodstock, or has been convicted by a court of competent jurisdiction of any violation of the Fish and Game Code or commission regulations pertaining to activities covered by this permit. Denial or revocation may be appealed to the commission. Note: Authority cited: Sections 1050, 1907, 5503, 15001 and 15300, Fish and Game Code. Reference: Sections 2000, 2052, 2273, 5503, 8430, 8433, 8435, 8436, 8460 and 15004, Fish and Game Code. s 245. Aquaculture Disease Control Regulations. (a) General Conditions. (1) All fish inspections and disease examinations shall be conducted in accordance with the 1979 edition of "Procedures for Detection and Identification of Certain Fish Pathogens" published by the Fish Health Section of the American Fisheries Society (FHS Blue Book). All such inspections and examinations shall be conducted by a fish pathologist. (2) When a listed disease is identified by a fish pathologist in aquatic plants or animals in an aquaculture facility or in transit to or from such a facility which requires restrictive action by the department, the owner or consignee involved shall be notified by the department immediately. The owner or consignee may accept the original identification or may request that the department seek confirmation of the identification by another fish pathologist. (3) Upon confirmation, if requested, or acceptance of the identification of any listed disease which requires restrictive action by the department as set forth in subsection (c), a compliance agreement describing the action to be taken may be drawn up between the owner and the director. The department shall commence negotiation of the terms of the compliance agreement within 48 hours after acceptance or confirmation as defined in subsection (b). The agreement must be signed by the owner and the director within 30 days of acceptance or confirmation. If the compliance agreement is not signed within 30 days, a quarantine as specified in Fish and Game Code Section 15505 may be imposed while the owner appeals to the commission. The agreement shall be designed in consultation with the Aquaculture Disease Committee to bring the least amount of economic hardship possible to the affected party while affording maximum protection to other growers and the fishery resources of the State. (4) If at any time a fish pathologist identifies one or more pathogens listed in this section anywhere within the State of California, he must immediately report the identification to the director of the department. (5) Methods for disposal of aquatic plants and animals and for disinfection of aquaculture equipment and facilities shall be specified in the compliance agreement in accordance with the disease category and the threat to other aquatic plant or animal life or aquaculture facilities. (6) Any live aquatic plants, animals or eggs originating outside the United States shall be certified by a fish pathologist as disease- and parasite-free before a permit for importation is issued. (7) Anyone interested in conducting research on those diseases designated as catastrophic must submit a written research proposal to the director of the department and obtain written approval from the director before the causative agent is brought to their facility. Anyone denied approval pursuant to this subsection may appeal such denial to the commission. (8) Upon identification of a disease which presents a threat to the aquaculture industry or aquatic animal or plant life, but which is not listed in this section, the director of the department shall immediately consult, by phone if necessary, with the Aquaculture Disease Committee, impose an immediate holding action and develop a plan of action. (b) Definitions. (1) Compliance Agreement. A written agreement between the director of the department and the owner or consignee of the diseased or parasitized aquaculture product which outlines the steps for disposal of the diseased or parasitized aquatic plants or animals and the procedures, both chemical and mechanical, for clean up of the facility. (2) Confirmation. The second identification of a disease agent from the original sample or source by another fish pathologist. (3) Disposal. The destruction or marketing of animals by methods prescribed in a compliance agreement. (4) Eradication. The elimination of disease-causing agents. (5) Fish Pathologist. A department virologist or fish pathologist, or a fish pathologist certified by the Board of Certification of the Fish Health Section of the American Fisheries Society pursuant to their guidelines adopted effective January 1, 1982. (6) Immediate Holding Action. A prohibition of moving any plant or animal from an aquaculture facility for up to 30 days. (7) Other Holding Action. Restrictions outlined in the compliance agreement on plant or animal movement to specific markets, watersheds or geographic areas deemed necessary by the department to protect other aquaculture facilities and the aquatic plants and animals of the State. (8) Q Diseases. Diseases for which there is so little information they cannot be given a permanent classification. (c) Disease Categories. The diseases of concern are grouped in four categories as to their seriousness and the specific action to be taken when diagnosed. (1) Significant Diseases. On identification by a fish pathologist and confirmation, if requested, of any of these diseases, the director shall immediately consult, by phone if necessary, with the Aquaculture Disease Committee and shall impose an immediate holding action, other holding action or no restrictions as the director in consultation with the Aquaculture Disease Committee may deem necessary. (A) Furunculosis (Aeromonas salmonicida). (B) Enteric Redmouth (ERM) (Yersinia ruckeri). (C) Vibriosis (Vibrio sp.). (D) Copepod (Genera Lernaea,Salmincola, and Ergasilus). (E) Golden Shiner Virus. (F) Oyster Fungus Disease (Labyrinthomyxa marina). (G) MSX Oyster Disease (Minchinia nelsoni). (H) Ichthyophonus (Ichthyophonus hoferi). (I) South African sabellid polychaete worm (unnamed parasitic species). (2) Serious Diseases. On identification by a fish pathologist of any of these diseases, the director shall immediately consult, by phone if necessary, with the Aquaculture Disease Committee and shall impose an immediate holding action until confirmation, if requested, is obtained; then the action will be disposal or other holding action the director in consultation with the Aquaculture Disease Committee may deem necessary, as specified in the compliance agreement. (A) Infectious Hematopoietic Necrosis (IHN). (B) Ceratomyxosis (Ceratomyxa shasta). (C) Bacterial Kidney Disease (Renibacterium salmoninarum). (D)Pleistophora ovariae. (E) Proliferative Kidney Disease (PKD). (F) SSO (Minchinia costalis). (G) Microcell disease of oysters. (H) Whirling Disease (Myxosoma cerebralis). (3) Catastrophic Diseases. On identification by a fish pathologist of any of these diseases, the director shall immediately consult, by phone if necessary, with the Aquaculture Disease Committee and shall impose an immediate holding action until confirmation, if requested, is obtained; then other holding action, disposal and eradication shall be required, as specified in the compliance agreement. (A) Viral Hemorrhagic Septicemia (VHS), Egtved Virus. (B) Infectious Pancreatic Necrosis (IPN). (C) Channel Catfish Virus Disease (CCVD). (4) Q Diseases. On identification by a fish pathologist and confirmation, if requested, of any of these diseases, the director shall immediately consult, by phone if necessary, with the Aquaculture Disease Committee and shall impose an immediate holding action pending determination of a course of action for diseases in this classification. (A) Viral Erythrocytic Necrosis (VEN). (B)Herpesvirus salmonis(HPV). (C) Spring Viremia of Carp (Rhabdovirus carpio). (D)Edwardsiella ictaluri. (E) Denman Island Disease of Oysters. (d) Aquatic Diseases and Host Organisms. Pursuant to Section 15500 of the Fish and Game Code, the commission has compiled a list of diseases and parasites and the aquatic plants and animals they are known to infect or parasitize. Infected plants or animals are considered detrimental to the aquaculture industry and to wild stocks of aquatic plants and animals. Disease Host 1. Viral Hemorrhagic Septicemia (VHS) Rainbow trout 2. Infectious Pancreatic Necrosis (IPN) Salmonids 3. Channel Catfish Virus (CCVD) Channel catfish 4. Whirling Disease -Myxosoma cerebralis Salmonids, tubifex 5. Infectious Hematopoietic Necrosis (IHN) Salmonids 6. Ceratomyxosis -Ceratomyxa shasta Salmonids 7. Bacterial Kidney Disease -Renibacterium salmoninarum Salmonids 8. Pleistophora ovariae Golden shiner, fathead minnow 9. Proliferative Kidney Disease (PKD) Salmonids 10. SSO -Minchinia costalis Oyster 11. Microcell Disease of Oysters Oyster 12. Furunculosis -Aeromonas salmonicida All fin fish 13. Enteric Redmouth (ERM) -Yersinia ruckeri Salmonids 14. Vibriosis -Vibrio sp. All fin fish 15. Copepod (Genera:Lernaea,Salmincola, and Ergasilus) Freshwater fin fish 16. Golden Shiner Virus Golden Shiner 17. Oyster Fungus Disease - Labryinthomyxa marina Oysters 18. MSX Oyster Disease -Minchinia nelsoni Oysters 19. Ichthyophonus -Ichthyophonus hoferi All fin fish 20. Viral Erythrocytic Necrosis (VEN) Marine and anadromous fin fish 21.Herpesvirus salmonis (HPV) Rainbow trout 22. Spring Viremia of Carp -Rhabdovirus carpio Carp 23.Edwardsiella ictaluri Channel catfish 24. Denman Island Disease of Oysters Pacific oyster 25. South African sabellid polychaete worm (unnamed parasitic species) Marine Gastropods Note: Authority cited: Sections 200, 15500 and 15504, Fish and Game Code. Reference: Sections 15500, 15504, 15505, 15506, 15508 and 15509, Fish and Game Code. (Section filed 6-27-85, operative 7-27-85; Register 85, No. 26). Appendix A Fishing Activity Records s 250. General Prohibition Against Taking Resident Game Birds, Game Mammals and Furbearing Mammals. Except as otherwise provided in this Title 14, and in the Fish and Game Code, resident game birds, game mammals and furbearing mammals may not be taken at any time. Note: Authority cited: Sections 200, 202, and 203, Fish and Game Code. Reference: Sections 200-203.1, 206, 207, 211-222, 2000, 2001, 3000, 3500, 3950, and 4000, Fish and Game Code. s 250.5. Shooting Time. In these orders whenever a specific clock time is mentioned, such time is meant to be legal California time for the date specified: i.e., during the days when California is on Pacific Daylight Saving Time, Pacific Daylight Saving Time is intended; when California is legally on Pacific Standard Time, Pacific Standard Time is intended. When reference is made to sunrise or sunset time, such reference is to the sunrise or sunset time at the location of the hunter. Note: Authority cited: Sections 200, 202, 203, and 3000, Fish and Game Code. Reference: Sections 200-203.1, 206, 207, and 211-222, Fish and Game Code. s 250.6. Definition of Take. Note: Authority cited: Sections 200, 202, and 203, Fish and Game Code. Reference: Sections 86 and 2000, Fish and Game Code. s 251. Prohibition on Pursuing or Shooting Birds and Mammals from Motor-Driven Air or Land Vehicles, Motorboats, Airboats, Sailboats or Snowmobiles. (a) General Prohibition: No person shall pursue, drive, herd, or take any bird or mammal from any type of motor-driven air or land vehicles, motorboat, airboat, sailboat, or snowmobile. Additionally, no person shall use any motorized, hot-air, or unpowered aircraft or other device capable of flight or any earth orbiting imaging device to locate or assist in locating big game mammals beginning 48 hours before and continuing until 48 hours after any big game hunting season in the same area. No person shall use at any time or place, without Department approval, any computer, telemetry device or other equipment to locate a big game mammal to which a tracking device is attached. For purposes of this subsection "use" includes but is not limited to personal use or intent by another to obtain information from such personal use. Evidence of an act constituting a violation of this section includes but is not limited to flying slowly at low attitudes, hovering, circling or repeatedly flying over any area where big game may be found. Exceptions to this subsection are: (1) When the motor of such motorboat, airboat, or sailboat has been shut off and/or the sails furled and its progress therefrom has ceased, and it is drifting, beached, moored, resting at anchor, or is being propelled by paddle, oar or pole. (2) When used by the landowner or tenant of private property to drive or herd game mammals for the purpose of preventing damage to private property. (3) Pursuant to a license from the department issued under such regulations as the commission may prescribe (see subsection 251(b) below). (b) Mobility Disabled Persons Motor Vehicle License (1) Applications: Applications for a Motor Vehicle Hunting License for mobility disabled persons shall be on a form supplied by the Department (Mobility Impaired Disabled Persons Motor Vehicle Hunting License Application, FG1460- 10/95). The application shall include the applicant's name, address, physical description, a description of the qualifying disability, and a certified statement from a licensed physician describing the applicant's permanent disability. It shall be unlawful for any person to falsify an application for a Motor Vehicle Hunting License. (2) Terms of the License: The Motor Vehicle Hunting License shall specify conditions under which said license shall be used and shall include but not be limited to the following provisions: (A) The licensee shall be accompanied by an able bodied assistant who shall immediately retrieve, and tag if necessary, all game taken. (Possession of the licensee's tag, required in this subsection, shall not be considered an unlawful possession of a tag or license issued to another person). (B) The assistant shall not possess a firearm, crossbow or archery equipment unless he/she is a licensed hunter and possesses any necessary license or tag for the area being hunted. The assistant shall not discharge a firearm or release a bolt or an arrow from the vehicle. If licensed, the assistant may dispatch wounded game which has moved out of range of the licensee. (C) The vehicle must be stopped and the engine must be shut off prior to the licensee discharging firearm or releaseing a bolt from a crossbow or an arrow from archery equipment. (D) The licensee shall notify the Department, at the regional office having responsibility for the area where the licensee intends to hunt, at least 48 hours prior to hunting or contact the department's 24-hour dispatcher at the number indicated on the license. The licensee shall specify the locality, vehicle description, and the approximate time frame during which such hunt shall take place. (E) The licensee or assistant shall not pursue any animal or drive or herd animals to any other hunters with a motor vehicle. (F) This license does not grant permission to trespass on private property or permission to use a motor vehicle while in any area where the use of motor vehicles is restricted or prohibited. (G) This license does not grant permission to discharge a firearm in any place or manner that would otherwise be unlawful, or to possess a loaded firearm in violation of any other city, county or state law. (H) The licensee shall have the license in possession while hunting from a motor vehicle. (3) License Fee: A license fee of $25.00, as adjusted annually pursuant to Section 713 of the Fish and Game Code, shall be charged for processing and issuing the Mobility Impaired Disabled Person Motor Vehicle Hunting License. Licenses shall be issued only by the Director or his/her designee. Licenses shall be permanent and have no expiration date. Note: Authority cited: Sections 200, 202, 203, 355, 3003.5, 3800, and 4150, Fish and Game Code. Reference: Sections 200, 202, 203, 355, 356, 711, 3003.5, 3800, and 4150, Fish and Game Code.Authority cited: Sections 200, 202, 203, 355, 3003.5, 3800, and 4150, Fish and Game Code. Reference: Sections 200, 202, 203, 355, 356, 711, 3003.5, 3800, and 4150, Fish and Game Code. s 251.1. Harassment of Animals. Except as otherwise authorized in these regulations or in the Fish and Game Code, no person shall harass, herd or drive any game or nongame bird or mammal or furbearing mammal. For the purposes of this section, harass is defined as an intentional act which disrupts an animal's normal behavior patterns, which includes, but is not limited to, breeding, feeding or sheltering. This section does not apply to a landowner or tenant who drives or herds birds or mammals for the purpose of preventing damage to private or public property, including aquaculture and agriculture crops. Note: Authority cited: Sections 200, 202, 203, 355, 3800 and 4150, Fish and Game Code. Reference: Sections 200, 202, 203, 203.1, 207, 215, 220, 2000, 3800 and 4150, Fish and Game Code. s 251.2. Permits to Pursue, Drive, Herd, or Take Birds and Mammals. Permits to pursue, drive, herd, or take birds and mammals with or from motorized water, land, or air vehicles may be issued by the department under and subject to the following conditions: (a) To Whom Issued. Permits may be issued to landowners, tenants, or lessees suffering damage, actual or immediately threatened, to land or property by birds or mammals. Permits may not be issued to any person less than 18 years of age. The privilege granted in a permit entitles only the permittee, members of his family, his employees or contractors to pursue, drive, herd, or take birds and mammals in accordance with the provisions of the permit. No permittee shall allow any person under 16 years of age to take, pursue, drive, or herd birds or mammals under a permit. No permit may be transferred to another person. (b) Exemption from Permit. Federal or state animal control agencies and their employees or contractors, including other public employees supervised by such agencies, engaged in pursuing, driving, herding or taking birds or mammals in the performance of their regular duties are not required to obtain a permit pursuant to this section. This exemption shall not be effective unless the agencies or their employees or contractors are performing their required duties in accordance with applicable Federal regulations. Agencies taking depredating animals on or over private lands shall do so only through a written landowner agreement. Such agreement shall become valid only upon approval of the department. Federal or state animal control agencies engaged in the foregoing activities shall submit a report to the headquarters office of the Department of Fish and Game each calendar quarter showing the number and species of birds or mammals taken or herded; area where the activity occurred, and such other information the department may require. (c) Application Requirements. An applicant for a permit shall submit a written request to the department showing his name, address, location and size of the land where damage is occurring, and the names of all individuals and/or State or Federal agencies other than the applicant who may be employed or authorized by the applicant to pursue, drive, herd, or take the birds or mammals which are causing damage, actual or immediately threatened, to land or property; a description of the property, including livestock or other domestic animals being damaged; the species of birds or mammals causing damage; the proposed method of pursuing, driving, herding, or taking the offending animals; the period of time a permit is needed to alleviate damage; and such other information the department may require. (d) Investigation of Damage. Upon receiving a request for a permit, the department shall investigate the applicant's claim of damage and shall be satisfied that damage has occurred or is immediately threatened before issuing a permit. The department may deny a request for a permit, and the applicant may appeal such decision before the commission. (e) Permit Limitations. A permit issued pursuant to these regulations shall not authorize the permittee to kill any game bird or game mammal. A permit shall be valid on public lands only if the permittee has permission from the agency controlling the lands to exercise the privileges of the permit on such lands, or if the permittee, by obtaining a permit under these regulations, has fulfilled applicable requirements set forth in Federal laws and regulations. The department may impose any additional limitation or requirement in a permit as needed to prevent unnecessary harm to any species of wildlife or for public safety reasons. (f) Reports. The permittee shall submit a report within 15 days following expiration of the permit showing the number of birds or mammals taken under the permit, except that any permittee authorized to use any type of aircraft under such permit shall submit a report to the department each calendar quarter showing the number and species of animals taken. Note: Authority cited: Section 3003.5, Fish and Game Code. Reference: Section 3003.5, Fish and Game Code. s 251.3. Prohibition Against Feeding Big Game Mammals. No person shall knowingly feed big game mammals, as defined in Section 350 of these regulations. Persons who fail to cease feeding big game mammals within seven days of receiving official notice by a Department of Fish and Game Regional Manager, through certified mail, shall be in violation of this section. Note: Authority cited: Sections 200, 202 and 203, Fish and Game Code. Reference: Sections 200, 202, 203, 203.1, 207, 215 and 220, Fish and Game Code. s 251.4. Mountain Lion Tagging. (a) Permits and Tagging Requirements. Pursuant to Section 4800 of the Fish and Game Code, no person may sell or possess any mountain lion, part or product thereof, unless he/she is in possession of an authorizing permit issued by the department and said mountain lion, part or product thereof, has been tagged by the department. Permits and numbered tags shall be issued from the Wildlife Protection Division, 1416 Ninth Street, Box 944209, Sacramento, Ca 94244-2090 (Telephone No. 916 653-4094) only to persons who can demonstrate that the mountain lion, part or product thereof, was in their possession on or before June 6, 1990. (b) Prohibition of Removal of Tag. No person shall remove the tag applied to a lion, part or product thereof, pursuant to this section. (c) Permit Fee: $5.00. Note: Authority cited: Sections 200 and 3080, Fish and Game Code. Reference: Sections 200 and 4800, Fish and Game Code. s 251.5. Game Birds, Game Mammals, Furbearers and Nongame Animals, Possession Of. (a) Migratory game birds may not be held beyond the period provided by the federal regulations and in accordance with the daily bag and possession limits prescribed by these regulations. (See section 500.) (b) Live mountain lions may be possessed only under terms of a permit issued by the Department pursuant to section 2150 of the Fish and Game Code or if the owner can demonstrate that the mountain lion was in his/her possession on or before June 6, 1990 under a permit issued pursuant to section 3200 of said code. (c) Every game bird, game mammal, furbearer or nongame animal taken under the authority of a hunting or trapping license and reduced to possession by the hunter or trapper shall be immediately killed and become a part of the daily bag limit. Note: Authority cited: Sections 200, 202, 203, 220, 3005.5, 3800 and 4150, Fish and Game Code. Reference: Sections 200-203.1, 207, 220, 2000, 2001, 3005.5, 3800, 4150 and 4800, Fish and Game Code. s 251.6. Tagging of Live Domesticated Big Game Mammals. (a) Domesticated game breeders or other persons holding domesticated big game mammals including nonnative hoofed big game mammals in captivity shall within 30 days after such mammals are acquired, or born, mark each animal with a seal, ear tag or other marking device supplied by the Department of Fish and Game. Alternate methods of marking big game mammals may be used upon approval by the department. (b) The requirements of this section shall not apply to public zoological gardens, game breeders holding animals on any island in the Santa Barbara Channel area, and to those animals presently in captivity in such cases where the department determines that the capturing and marking or tagging would create a substantial risk to human safety or to the health and safety of the animals. (c) The seals shall be numerically identified and issued at a cost of 25 cents (25 ¢ ) per seal. The seals shall be issued only from the Sacramento office of the Department of Fish and Game. Note: Authority cited: Sections 1002, 3080, 3081, 3214, and 3217, Fish and Game Code. Reference: Sections 1002, 3080, 3081, 3200-3219, and 3950, Fish and Game Code. s 251.7. Possession, Transportation and Importation of Game Birds. (a) No person may possess game birds taken in this state in excess of the daily bag and possession limits. The exception to this is for the purpose of transportation, cleaning, storage (including temporary storage), shipment, or taxidermy services, where an individual may possess game birds taken by another hunter provided that they are tagged by the hunter who has lawfully taken them. The tag must contain the hunter's name, address, hunting license number, kinds and numbers of game birds taken, date and location of kill, and signature. (b) Migratory game birds, except band-tailed pigeons, transported within California must have a fully feathered wing or head attached while being moved from the place where taken to a personal abode or commercial preservation facility. Doves must have a fully feathered wing attached. (c) Migratory game birds imported into California shall be accompanied by a declaration of entry as prescribed in Section 2353 of the Fish and Game Code. (d) Only one possession limit of migratory game birds may be possessed per individual after the close of the season for that species. Note: Authority cited: Sections 202 and 355, Fish and Game Code. Reference: Sections 202, 355 and 356, Fish and Game Code. s 251.8. Transportation of Game Birds and Game Mammals off Indian Reservations. (a) Pursuant to the provisions of sections 3080 and 3081(b) of the Fish and Game Code, game birds and game mammals taken by California Indians on reservations under those circumstances wherein the taking of such animals is excepted from the application of the California Fish and Game Code in accordance with the provisions of section 12300 of the Fish and Game Code may be transported off the reservation and possessed within this state subject to the following conditions: (1) A permit, in such form as shall be prescribed by the Department of Fish and Game, to transport the carcass of a game bird or mammal or parts thereof off a particular California Indian reservation shall first be obtained from tribal members designated by the tribal council of the reservation. Copies of the permit shall be maintained and distributed by the designated tribal members in accordance with instructions issued by the Department of Fish and Game. (2) The carcass of each game bird or mammal or parts thereof shall be suitably stamped and/or tagged in such manner as shall be designated by the Department of Fish and Game prior to the transportation off the reservation. (3) The permit, stamps and/or tags, as prescribed by the Department of Fish and Game, shall be furnished to each tribal reservation without charge. No fee shall be charged for the issuance of the permit or the stamping and/or tagging of the carcass. (4) The permittee shall retain such permit in his possession and shall maintain the stamp and/or tags on the carcass or parts thereof at all times while transporting or possessing the carcass or parts thereof off his reservation. (b) Game birds and game mammals taken on Indian reservations in accordance with applicable provisions of the Fish and Game Code and part 2, division 1, title 14, of the California Code of Regulations, which apply to the remainder of the state may be transported and possessed on such reservations without a permit being issued or the carcasses being stamped or tagged as provided in this section. Note: Authority cited: Sections 200, 202, 203, 3080, 3081, and 12300, Fish and Game Code. Reference: Sections 200-203.1, 206, 207, 211-222, 3080, 3081, and 12300, Fish and Game Code. s 251.9. Computer Assisted Remote Hunting. (a) It is unlawful to take or assist in the taking of any bird or mammal in or from this state, by computer-assisted remote hunting. (b) It is unlawful to establish or operate a computer-assisted remote hunting site for the purpose of taking any bird or mammal from or within this state. (c) For the purposes of this section, "computer-assisted remote hunting" means the use of a computer or any other remotely controlled device, equipment, software, or technology, to remotely control the aiming or discharge of any weapon, including, but not limited to, any firearm, bow and arrow, spear, harpoon or any other weapon capable of killing or injuring any bird or mammal, for the purposes of taking any bird or mammal. (d) For the purposes of this section, "computer-assisted remote hunting site" means any computer, internet site or web-based device or system, or other electronically operated site or system used to assist in the remote taking of any bird or mammal. Note: Authority cited: Sections 200, 202 and 203, Fish and Game Code. Reference: Sections 200, 202 and 203, Fish and Game Code. s 252. Bag and Possession Limit Defined. "Bag and possession limit" means the daily bag limit of each kind of resident and migratory game birds, game mammals and furbearing mammals which may be taken and possessed by any one person unless otherwise authorized. Note: Authority cited: Sections 200, 202, 203, 2001, 3800, and 4150, Fish and Game Code. Reference: Sections 200-203.1, 206, 207, 211-222, 2001, 3800, and 4150, Fish and Game Code. s 253. Big Game Defined. Note: Authority cited: Sections 200, 202, and 203, Fish and Game Code. Reference: Sections 200-203.1, 206, 207, 211-222, 2001, 3800, and 4150, Fish and Game Code. s 255. Code Definitions Reaffirmed. Words defined by sections 8, 9, 10, 11, 18, 22, 29, and 30 through 88 inclusive of the Fish and Game Code have had and shall have the same meaning, definition and scope whenever used in division 1 of title 14, California Code of Regulations, it being the intent of the Fish and Game Commission in adopting the orders, rules, and regulations set forth in said division that the provisions of said sections were and are applicable. Note: Authority cited: Sections 200, 202, 203, 3800, and 4150, Fish and Game Code. Reference: Sections 200-203.1, 206, 207, 211-222, 3800, and 4150, Fish and Game Code. s 256. Forked Horn and Three Point Bucks Defined. Note: Authority and reference cited: Sections 200-221, inclusive, Fish and Game Code. s 257. Resident Small Game Defined. "Resident small game" means the following resident game birds: Chinese spotted doves, ringed turtledoves of the family Columbidae, California quail and varieties thereof, Gambel or desert quail, mountain quail and varieties thereof, blue grouse and varieties thereof, ruffed grouse, sage grouse (sage hens), white-tailed ptarmigan, Hungarian partridges, redlegged partridges, including the chukar and other varieties, ring-necked pheasants and varieties, and wild turkeys of the order Galliformes; and the following game mammals: jackrabbits and varying hares (genus Lepus), cottontail rabbits, brush rabbits, pigmy rabbits (genus Sylvilagus), and tree squirrels (genus Sciurus and Tamiasciurus). Note: Authority cited: Sections 200, 202 and 203, Fish and Game Code. Reference: Sections 200, 202, 203, 207, 208, 3800 and 3950, Fish and Game Code. s 257.5. Prohibition Against Taking Resident Game Birds and Mammals by the Aid of Bait. Except as otherwise provided in these regulations or in the Fish and Game Code, resident game birds and mammals may not be taken within 400 yards of any baited area. (a) Definition of Baited Area. As used in this regulation, "baited area" shall mean any area where shelled, shucked or unshucked corn, wheat or other grains, salt, or other feed whatsoever capable of luring, attracting, or enticing such birds or mammals is directly or indirectly placed, exposed, deposited, distributed, or scattered, and such area shall remain a baited area for ten days following complete removal of all such corn, wheat or other grains, salt, or other feed. (b) Exceptions: (1) The taking of domestically reared and released game birds on licensed pheasant clubs and other licensed game bird clubs; (2) The taking of resident game birds and mammals on or over standing crops, flooded standing crops (including aquatics), flooded harvested croplands, grain crops properly shocked on the field where grown, or grains found scattered solely as the result of normal agricultural planting or harvesting; (3) The taking of resident game birds and mammals on or over any lands where shelled, shucked or unshucked corn, wheat or other grain, salt, or other feed have been distributed or scattered as the result of bona fide agricultural operations or procedures, or as a result of manipulation of a crop or other feed on the land where grown for wildlife management purposes: provided that manipulation for wildlife management purposes does not include the distributing or scattering of grain or other feed once it has been removed from or stored on the field where grown. Note: Authority cited: Sections 200, 202 and 203, Fish and Game Code. Reference: Sections 200-203.1, 206, 207, 211-222, 3800 and 3950, Fish and Game Code. s 258. Season Defined. "Season" means that period of time during which resident and migratory game birds, game mammals and fur-bearing mammals may be taken. All dates are inclusive. Note: Authority cited: Sections 200, 202, 203, 355, 3800, and 4150, Fish and Game Code. Reference: Sections 11, 29, 62, 200-203.1, 206, 207, 211-222, 355, 3800, and 4150, Fish and Game Code. s 260. Prohibition Against Taking Other Than Migratory Game Birds and Quail in Picacho State Recreation Area. Notwithstanding any other provisions of these regulations, in Picacho State Recreation Area only migratory game birds and quail may be taken or possessed as prescribed in Sections 301, 500, 501 and 502 of these regulations. Note: Authority cited: Sections 200, 202, 203, 308, 355, 3800, and 4150, Fish and Game Code. Reference: Sections 200-203.1, 206, 207, 211-222, 355, 356, 3800, and 4150, Fish and Game Code. s 260.1. Prohibition Against Hunting Other Than During September-January on Providence Mountains State Recreation Area. Notwithstanding any other provisions of these regulations, in Providence Mountains State Recreation Area hunting is permitted only during the period September 1 to January 31. Note: Authority cited: Sections 200, 202, 203, 355, 3800, and 4150, Fish and Game Code. Reference: Sections 200-203.1, 206, 207, 211-222, 355, 356, 3800, and 4150, Fish and Game Code. s 260.2. Hunting Restrictions on Lake Oroville State Recreation Area. Game species may be taken on the Lake Oroville State Recreation Area only as follows: (a) No hunting of any type is permitted between February 1 and September 14 except for wild turkeys only, during the spring turkey hunting season as provided in Section 306 of these regulations. (b) No waterfowl or deer hunting is permitted at any time. (c) Game species may be taken only during their respective open seasons or portions thereof falling within the period September 15 through January 31; and as provided in (a) above; and as otherwise provided by state Parks and Recreation area regulations (see area regulations). Note: Authority cited: Sections 200, 202, 203, 308, 355, 3800, and 4150, Fish and Game Code. Reference: Sections 200-203.1, 206, 207, 211-222, 355, 356, 3800 and 4150, Fish and Game Code. s 260.3. Prohibition Against Taking Other Than Migratory Game Birds on San Luis Reservoir State Recreation Area. Notwithstanding any other provision of these regulations, in San Luis Reservoir State Recreation Area, only migratory waterfowl may be taken or possessed as prescribed in Section 502 of these regulations. Note: Authority cited: Sections 200, 202, 203, 308, 355, 3800, and 4150, Fish and Game Code. Reference: Sections 200-203.1, 206, 207, 211-222, 355, 356, 3800, and 4150, Fish and Game Code. s 260.4. Prohibition Against Taking Other Than Waterfowl and Resident Small Game on Perris Reservoir State Recreation Area. Notwithstanding any other provision of these regulations, in Perris Reservoir State Recreation Area only waterfowl and resident small game may be taken or possessed as prescribed in Section 551 of these regulations. Note: Authority cited: Sections 200, 202, 203, 308, 355, 3800, and 4150, Fish and Game Code. Reference: Sections 200-203.1, 206, 207, 211-222, 355, 356, 3800, and 4150, Fish and Game Code. s 260.5. Prohibition Against Taking Other Than Waterfowl, American Coots, Common Moorhens and Common Snipe Within Harry A. Merlo State Recreation Area. Notwithstanding any other provision of these regulations, in Harry A. Merlo State Recreation Area, only waterfowl, American coots, common moorhens and common snipe may be taken or possessed as prescribed in Section 502 of these regulations. Note: Authority cited: Sections 200, 202, 203, 355, 3800 and 4150, Fish and Game Code. Reference: Sections 200, 203.1, 355, 356, 3800 and 4150, Fish and Game Code. s 262. Prohibition Against Hunting on Portions of Frank's Tract State Recreation Area. That portion of Frank's Tract State Recreation Area lying southwest of the following line is closed to hunting: Beginning at a point on Little Frank's Tract 2,000 feet north of the Piper Slough; southeast 2,000 feet east of the Piper Slough levee to the junction of the Holland Island levee. Note: Authority cited: Sections 200, 202, 203, 308, 355, 3800 and 4150, Fish and Game Code. Reference: Sections 200-203.1, 206, 207, 211-222, 355, 356, 3800 and 4150, Fish and Game Code. s 263. Prohibition Against Night Hunting. Notwithstanding any other provisions of these regulations, hunting wildlife from one-half hour after sunset to one-half hour before sunrise is prohibited in Monterey and San Benito counties east of Highway 101. Note: Authority cited: Section 3000, Fish and Game Code. Reference: Section 3000, Fish and Game Code. s 264. Use of Lights While Hunting -Specific Areas. (a) Lights of any size or voltage may be used to take furbearing or nongame mammals only in the areas described in subsections (b) and (c) below, and only under the following conditions: (1) The use of lights for night hunting is prohibited in any area where the general deer season is open. (2) Furbearing mammals and nongame mammals may be taken with the aid of a spotlight or other artificial light operated from a vehicle provided such vehicle is stopped and standing with the motor off. No spotlight may be used from a vehicle which is on a public road or highway. (b) Zone 1. (Portions of Butte, Colusa, Glenn, Placer, Sacramento, Sutter, Tehama, Yolo and Yuba counties.) Area: Within the boundary beginning at the junction of Interstate 880 and Interstate 5 near Sacramento; east on Interstate 880 to its junction with Interstate 80; north and east on Interstate 80 to its junction with Highway 65 near Roseville, along Highway 65 to its junction with Highway 20 at Marysville; west on Highway 20 to its junction with Highway 45; north on Highway 45 to its junction with Highway 162; east on Highway 162 to its junction with Highway 99; north on Highway 99 to South Avenue near the town of Corning; west on South Avenue to Interstate 5 in Corning; north on Interstate 5 to Corning Road; west on Corning Road to Paskenta Road; west on the Paskenta Road to the town of Paskenta; southwest on the Round Valley Road to the Garland Road; south on the Garland Road to the town of Newville; south on the Newville-Elk Creek Road to the town of Elk Creek; south on the Elk Creek-Stonyford Road to the town of Stonyford; south on the Stonyford-Leesville Road to the town of Ladoga; south on the Stonyford-Leesville Road to the town of Leesville; south from Leesville on the Bear Valley Road to its intersection with Highway 20; east on Highway 20 to its intersection with Highway 16; south and east on Highway 16 to its intersection with Interstate 5; east on Interstate 5 to Interstate 880 and the point of beginning. (c) Zone 2. (Portions of Inyo, Kern, Los Angeles, Mono and San Bernardino counties and all of Imperial, Orange, Riverside and San Diego counties.) Area: Inyo, Mono and Kern counties south and east of a line beginning at the junction of Highway 182 and the California-Nevada state line; south on Highway 182 to its junction with Highway 395; south on Highway 395 to its intersection with Highway 168 at Bishop; west on Highway 168 to its intersection with the Inyo National Forest boundary; south on the Inyo National Forest boundary to its junction with County Highway J41; south and east on County Highway J41 to its junction with Highway 395; south on Highway 395 to its junction with Highway 14 near Inyokern; south on Highway 14 to its junction with Highway 178 at Freeman; west on Highway 178 to its junction with the Bodfish-Caliente Road at Isabella; south on the Bodfish-Caliente Road to its junction with Highway 58; east on Highway 58 to its junction with the Los Angeles Aqueduct; south and west on the Los Angeles Aqueduct Road to its junction with 265th Street West near Neenach; south on 265th Street West to its junction with the Elizabeth Lake-Pine Canyon Road at Three Points; east along the Elizabeth Lake-Pine Canyon Road to its junction with Highway 14 at Palmdale; south on Highway 14 to its intersection with the Angeles Forest Highway; south on the Angeles Forest Highway to the Mill Creek Summit Road; east and south on the Mill Creek Summit Road to its intersection with the Angeles Crest Highway (Highway 2) at Upper Chilao Campground; east on the Angeles Crest Highway to its intersection with the Los Angeles-San Bernardino county line; north on the Los Angeles-Kern-San Bernardino county line to its intersection with Highway 58; east on Highway 58 to its intersection with the range line between R3W and R4W; south along the range line between R3W and R4W to the southeast corner of T8N, R4W; east along T8N to its intersection with the west boundary of the U.S. Marine Corps Training Center; south and east on that boundary to its intersection with Giant Rock Road; east along Giant Rock Road to a point where it turns southeast and corresponding with a projected north extension of Sunfair Road; south on Sunfair Road and its projected extension to the San Bernardino-Riverside county line; and all of Imperial, Orange, Riverside and San Diego counties. Note: Authority cited: Section 2005, Fish and Game Code. Reference: Section 2005, Fish and Game Code. s 264.5. Use of Lights While Hunting -Remainder of State. Lights may be used, in those portions of the state not listed in Section 264, to take furbearers and nongame mammals under the following conditions only: (a) Only 9 volt lights or smaller, hand-held or worn on the head are permitted. (b) Persons using such lights must be on foot. (c) Lights may not be used in or from a vehicle and may not be attached or powered from any source other than self-contained batteries. (d) A landowner or tenant suffering damage to livestock or other property by furbearing mammals or nongame mammals may designate, in writing, persons allowed by such landowner or tenant to use artificial lights in excess of 9 volts to assist in taking the depredating mammals. The landowner or tenants shall notify the closest fish and game office whenever furbearing or nongame mammals are taken under this authority. No furbearing or nongame mammals including any threatened, endangered or fully protected species may be taken contrary to any other prohibition set forth in these regulations. Note: Authority cited: Section 2005, Fish and Game Code. Reference: Section 2005, Fish and Game Code. s 265. Use of Dogs for Pursuit/Take of Mammals or for Dog Training. (a) Prohibitions on the Use of dogs. The use of dogs for the pursuit/take of mammals or for dog training is prohibited as follows: (1) The use of dogs is prohibited during the archery seasons for deer or bear. (2) The use of dogs is prohibited for the take of elk, bighorn sheep and antelope. (3) Mountain lions may not be pursued with dogs except under the provisions of a depredation permit issued pursuant to Section 4803 of the Fish and Game Code. Dog training on mountain lions is prohibited. (4) The use of dogs for the pursuit/take of mammals or for dog training is prohibited from the first Saturday in April through the day preceding the opening of the general deer season in the following dog control zones: (A) Central California Dog Control Zone: Napa County north of Highway 128 and east of Highway 29; Lake County east of a line beginning at the Lake-Napa county line and Highway 29; northwest on Highway 29 to Highway 20; northwest on Highway 20 to the Lake-Mendocino county line; Mendocino County east of Highway 101, and north of Highway 20; Sierra and Alpine counties, and those portions of Nevada, Placer, Amador and Calaveras counties east of Highway 49; and El Dorado County east of the following line: Beginning at the junction of Highway 49 and the Placer-El Dorado county line; south on Highway 49 to Highway 193 at Cool; east and south along Highway 193 to Highway 49 in Placerville; south on Highway 49 to the Amador-El Dorado county line. (B) Northern California Dog Control Zone: Plumas and Trinity counties; Butte County east of the following line: Beginning at the junction of Highway 99 and the Butte-Tehama county line; south and east along Highway 99 to Highway 149; south and east along Highway 149 to Highway 70; south along Highway 70 to the Butte-Yuba county line; Del Norte County east of Highway 101; Glenn County west of a line beginning at the intersection of the Stonyford-Ladoga Road and the Glenn-Tehama county line; south along this road to the Colusa-Glenn county line; Humboldt County north and east of Highway 36 and 101; Siskiyou County south and west of the following line; from the Oregon-California state line south on Interstate 5 to Highway 97 at the town of Weed; north on Highway 97 to the town of Macdoel; south from Macdoel on the Mt. Hebron Road to the Redrock Road; east on the Redrock Road to the Davis Road; north on David Road to the Gold Digger Pass Road; east on the Gold Digger Pass Road to the western boundary of the Lava Beds National Monument; north and east on said boundary to the Siskiyou-Modoc county line; Shasta County south and west of Highways 89 and 44 and north of the following line; where the Trinity National Forest boundary intersects the Shasta-Tehama county line; north on said boundary to Highway 36 near the town of Platina; east on Highway 36 to County Road A16; north on Road A16 to the city of Redding; north on Interstate 5 to the south shore of Shasta Lake; east and north along the shore of Shasta Lake to Fender's Ferry Road; southeast on Fender's Ferry Road to Highway 299; southwest on Highway 299 to Oakrun; southwest on the Oakrun Road to Fern Road; east and south on Fern Road to the town of Whitmore; south on Ponderosa Way to Highway 44 near Innwood; east on Highway 44 and the Wilson Hill Road to the Shasta-Tehama county line; those portions of Tehama County within the Mendocino and Trinity National Forests and east of the Ponderosa Truck Trail; those portions of Lassen County north and west of the following line: north from the Lassen-Sierra county line on Highway 395 to Highway 36 east of Susanville; northwest on Highway 36 to Highway 139; north on Highway 139 to the Lassen-Modoc county line. (C) Southern Sierra Dog Control Zone: Those portions of Tuolumne, Mariposa, Madera, Fresno and Tulare counties east of the following line: Beginning at the intersection of Highway 49 and the Calaveras-Tuolumne county line; south on Highway 49 to Highway 120; east on Highway 120 to the Smith Station Road (J20); south on the Smith Station Road (J20) to the Greeley Hill Road; east on the Greeley Hill Road to the North Fork of the Merced River at Bower Cave; south on the North Fork of the Merced River to Road 3S15 (Black Mountain Road); east on Road 3S15 to Forest Service Road 3S02; southwest on Forest Service Road 3S02 crossing the U.S. Forest Service-Bureau of Land Management property boundary in Section 28 located in Township 3S, Range 18E to Forest Service Road 2S05 (Bull Creek Road); south on Forest Service Road 2S05 (Bull Creek Road) to the Main Fork of the Merced River; west on the Main Fork of the Merced River to Highway 49; south on Highway 49 to Highway 140 at Mariposa; north on Highway 140 to the South Fork of the Merced River; east along the South Fork of the Merced River to Hite Cove and south on the U.S. Forest Service Road and its continuation from Hite Cove, through Jerseydale Station and Darrah to the Triangle Road; south along the Triangle Road to Highway 49; south along Highway 49 to Highway 41 at Oakhurst; north along Highway 41 to its intersection with the Bass Lake Road at Yosemite Forks; south along Bass Lake Road and Road 274 past Bass Lake on the east side of the lake to the junction with the Mammoth Pool Road at North Fork; south along the North Fork-Auberry Road to the San Joaquin River; east along the San Joaquin River to Italian Bar Road at the Italian Bar Bridge; south on Italian Bar Road to Jose Basin Road (County Road M2441; east on Jose Basin Road (County Road M2441) to its intersection with Forestry Service Roads 8S08 (Railroad Grade Road) and 9S07 (Jose Basin Road); south on 9S07 (Jose Basin Road) to Auberry Road near Pine Ridge; east on Auberry Road to Highway 168; east on Highway 168 to Toll House Road; south on Toll House Road to Peterson Mill Road; east on Peterson Mill Road to Rush Creek Road at Soaproot Saddle; south on Rush Creek Road to Big Creek Road; east on Big Creek Road to Dinkey-Trimmer Road at Haslett Basin; east on Dinkey-Trimmer Road to Sycamore Springs Road; east on Sycamore Springs Road to Black Rock Road at Balch Camp; east on the Black Rock Road to the Rodgers Ridge Road at Black Rock Station; east along Rodgers Ridge Road to Garlic Spur; south on Garlic Spur to the Kings River; west along the Kings River to Verplank Ridge; south on Verplank Ridge-Hoise Ridge to Highway 180 near Cherry Gap; south along Highway 180 to the north boundary of Kings Canyon National Park; south along that park boundary and along the west boundary of Sequoia National Park to the boundary of Sequoia National Forest between Grouse Peak and Dennison Mountain; south along the common line between R29E and R30E, M.D.B.M. to the boundary of the Sequoia National Forest; east and south along that boundary to Balch Park Road; southeast along that road to the west boundary of Mountain Home State Forest; south and east along that boundary to Forest Trail 30E15; southeast along 30E15 to the Doyle Springs Road; southwest along Doyle Springs Road to Camp Wishon; southeast along the Alder Creek Grove-Hossack Meadow Road to Camp Nelson; south along Highway 190 and the Coy Flat Road to the boundary of the Tule River Indian Reservation; south along the east boundary of that reservation to Parker Peak; southeast through Upper Parker Meadow to Parker Pass; south through Starvation Creek Grove to the southwest corner of Section 15, T23S, R31E, M.D.B.M.; east to the northeast corner of Section 22, T23S, R31E, M.D.B.M.; south approximately 6 miles to Sugarload Campground; southeast along the Forest Road 24S06 through Portuguese Pass to the Tulare-Kern county line; that portion of Kern County within a line beginning where the Tulare-Kern county line intersects the west boundary of the Sequoia National Forest; south along the said boundary to the Poso Flat-Davis Station Road; northeast along said road through Davis Flat and Shirley Meadow to Forest Highway 90 at Greenhorn Summit; northeast along Forest Highway 90, Cow Creek and Bull Run Creek to the Tulare-Kern county line; west along said county line to the point of beginning; and those portions of Inyo and Mono counties west of Highway 395. (D) Southern California Dog Control Zone: Those portions of Los Angeles, Ventura and Santa Barbara counties within the Los Padres and Angeles National Forests; and those portions of San Bernardino County within the San Bernardino and Angeles National Forests. (b) Authorized Use of Dogs. The use of dogs for the pursuit/take of mammals or for dog training is authorized as follows: (1) Dog Control Zones. The use of dogs for the pursuit/take of mammals or for dog training is permitted in the dog control zones described in subsections 265(a)(4)(A), (B), (C) and (D) from the opening day of the general deer season through the first Friday in April. (2) Areas of the State Outside the Dog Control Zones. The use of dogs for the pursuit/take of mammals or for dog training in areas outside of the dog control zones is permitted year-round, except for closures and restrictions described in this Section 265 and section 364, and the provisions of sections 3960 and 4800 of the Fish and Game Code which prohibit allowing any dog to pursue any big game mammal during the closed season on such mammal or mountain lions, elk or any fully-protected, threatened or endangered mammal at any time. (3) Take of Depredating Mammals. The use of dogs is permitted for pursuing/taking depredating mammals by federal and county animal damage control officers or by permittees authorized under a depredation permit issued by the department. (4) Take of Furbearers and Nongame Mammals. Furbearers and nongame mammals as specified in Section 472(a) may be taken with the aid of dogs during the appropriate open season, except for closures and restrictions described in subsections 265(a) and (b). (5) Prohibition on Starting Pursuit Within 400 Yards of Baited Area. Pursuits may not be started within 400 yards of a baited area as described in Section 257.5 of these regulations. (6) Dog Training. Except for the prohibitions of subsection 265(a), dog training is permitted pursuant to the following provisions: (A) Dog Training Defined. For purposes of these regulations, dog training is defined as the education of dogs through "breaking" or "practicing" under strict provisions that preclude the injuring or take of animals. Training is distinguished from "pursuit", as used in Section 86 of the Fish and Game Code, in that the animal being chased shall not be killed, captured, or injured. (B) Prohibition on Killing, Capturing or Injuring Mammals. No person shall kill, capture or injure any mammal, nor shall any person's dog be allowed to kill, capture or injure any mammal during dog training. (C) Prohibition on Possession of Equipment. No firearm, archery gear, crossbow or other instrument capable of killing, injuring or capturing any animal may be possessed by any person training dogs during the seasons described in subsection 265(b)(6)(F) below. Possession of a firearm, archery gear, crossbow or other instrument capable of killing or capturing any animal is prohibited while training dogs, but such equipment may be transported to or from a campsite, transported to or from a residence or lawfully possessed by a person at a campsite provided all dogs are secured and under the control of the owner, agent or person training or transporting said dogs. (D) Prohibition on Starting Dog Training Within 400 Yards of Baited Area. Dog Training may not be started within 400 yards of a baited area as described in Section 257.5 of these regulations. (E) Prohibition on Training Dogs on Bear and Other Big Game Mammals or on Protected, Threatened or Endangered Mammals. It shall be unlawful to train any dog on any big game mammal or to train any dog on any fully-protected, threatened or endangered mammal at any time. A person in possession of a valid bear tag may utilize the general bear season for purposes of educating dogs for bear. A person in possession of a valid deer tag may utilize the general deer season for purposes of educating a dog for deer. Only one dog may be used for training in areas where the general deer season (as described in subsection 360(a) and (b)) is open. (F) Seasons. 1. Gray Fox. Dogs may be trained on gray fox from March 1 through the day preceding the opening of the general gray fox season, except for closures and restrictions described in subsections 265(a) and (b). 2. Raccoon. Dogs may be trained on racoon from April 1 through the day preceding the opening of the general raccoon season, except for closures and restrictions described in subsections 265(a) and (b). 3. Bobcat. Dogs may be trained on bobcat from the day following the close of the bobcat seasons through the day preceding the opening of the general bobcat seasons, except for closures and restrictions described in subsections 265(a) and (b). 4. Other Mammals. Except for closures and prohibitions described in this Section 265 and sections 3960 and 4800 of the Fish and Game Code, dogs may be trained on mammals other than gray fox, raccoon and bobcat at any time. (c) Restrictions on the Number of Dogs per Hunter. (1) One Dog per Hunter Limitation During Deer Season. No more than one dog per hunter may be used in the area where the general deer season is open. (2) Three Dogs per Hunter Limitation for the Take of Wild Pigs. Up to three dogs per hunter may be used for the purpose of taking wild pigs, pursuant to the following provisions: (A) No more than one dog per hunter may be used in an area where the general deer season is open. (B) No dogs may be used within the closures described in subsection 265(a). (C) After the general deer season (as described in subsections 360(a) and (b)) closes, there is no limit on the number of dogs that may be used during the general bear season. (d) Prohibition on Treeing Switches and Use of Global Positioning System Equipment. (1) Treeing Switches. Effective July 1, 1995, electronic dog retrieval collars containing functioning treeing switches (devices consisting of a mercury switch mechanism that results in a change in the transmitted signals when the dog raises its head to a treed animal) are prohibited on dogs used for the pursuit/take of mammals. (2) Global Positioning System Equipment. Electronic dog retrieval collars employing the use of global positioning system equipment (devices that utilize satellite transmissions) are prohibited on dogs used for the pursuit/take of mammals. Note: Authority cited: Sections 200, 202 and 203, Fish and Game Code. Reference: Sections 200, 202, 203, 203.1, 207 and 4756, Fish and Game Code. s 300. Upland Game Birds. (a) Resident Upland Game Birds (1) General Seasons: Shotgun; Crossbow; and Pistol/Revolver for Blue/Ruffed Grouse Only; Bag and Possession Limits and Open Areas (see Authorized Methods of Take, Section 311) Species 1. Seasons 2. Daily Bag and Possession Limits (A) Pheasants The second Saturday in Bag Limit: November extending 2 males per day for the first for 44 consecutive days 2 days of the season; 3 males per day after the first two days of the season Possession Limit: double the daily bag limit 3. Area: Statewide Species 1. Seasons 2. Daily Bag and Possession Limits (B) Quail See area zone Bag Limit: [including California (valley) descriptions for 10 quail in any combination quail, mountain details of species per day quail, and Gambel's (desert) quail Possession Limit: Mountain Quail a. Early Mountain Quail double the daily bag limit only: Season (Zone A) - The second Saturday in September extending through the Friday prior to the third Saturday in October All species: General Quail Season (Zone A) - The third Saturday in October extending through the last Saturday in January All species: b. Early Coastal Season (Zone B) - The last Saturday in September extending through the last Sunday in January All species: c. Balance of the State Season (Zone C) - The third Saturday in October extending through the last Sunday in January QUAIL HUNTING ZONE AREA DESCRIPTIONS 3. Area Zone Descriptions: a. Zone A: The early mountain quail season hunting zone includes the counties of Alpine, Butte, Del Norte, Glenn, Humboldt, Inyo, Lassen, Modoc, Mono, Plumas, Shasta, Sierra, Siskiyou, Tehama, Trinity, and those portions of Amador, Calaveras, El Dorado, Fresno, Madera, Mariposa, Nevada, Placer, Tuolomne, Tulare, and Yuba counties lying east of the western boundary of the national forests. b. Zone B: The early coastal quail season (all species) hunting zone includes the counties of Marin, Napa, Solano, Sonoma, Lake, and Mendocino. c. Zone C: The balance of the state season (all species) hunting zone includes the remaining land area not included in Zone B (the counties of Marin, Napa, Solano, Sonoma, Lake, and Mendocino). (C) Chukar (Red- The third Saturday in Bag Limit: Legged Partridges) October through the last 6 chukar per day Sunday in January Possession Limit: double the daily bag limit 3. Area Statewide Species 1. Seasons 2. Daily Bag and Possession Limits (D) Sage Grouse The second Saturday in See area open zone September extending descriptions (Section for two consecutive days 300(a)(1)(D)3.) Eastern Lassen and Central Lassen zones: Bag Limit: 2 sage grouse per day Possession Limit: 2 sage grouse per season North Mono and South Mono zones: Bag Limit: 1 sage grouse per day Possession Limit: 1 sage grouse per season SAGE GROUSE HUNTING ZONE DESCRIPTIONS AND PERMIT PROCESS 3. Area Open Zone Descriptions: a. East Lassen Zone: That portion of Lassen County beginning at the intersection of Highway 395 and County Road 502 in the town of Ravendale; north and east on County Road 502 to County Road 526 (Buckhorn Road); east on County Road 526 to the Nevada state line; south along the Nevada state line to its intersection with County Road 320 (Wendel-Flanigan Road); northwest on County Road 320 to its intersection with Highway 395 between Wendal and Litchfield north on Highway 395 to the point of beginning. b. Central Lassen Zone: That portion of Lassen County beginning at the intersection of Highway 139 and County Road 513 (Termo-Grasshopper Road); east on County Road 513 to its intersection with County Road 523 (Westside Road); north on County Road 523 to its intersection with County Road 525 (Brockman Road); east on County Road 525 to its intersection with Highway 395; south on Highway 395 to its intersection with Highway 36 in the town of Johnstonville; west on Highway 36 to its intersection with Highway 139 in Susanville; north on Highway 139 to the point of beginning. c. North Mono Zone: That portion on Mono county beginning at the intersection of Highway 182 and the California-Nevada state line; south and east along the California-Nevada state line to Highway 167; west along Highway 167 to Highway 395; north along Highway 395 to Highway 182 at Bridgeport; north along Highway 182 to the point of beginning. d. South Mono Zone: That portion of Mono County beginning at the intersection of U.S. Highway 6 and U.S. Highway 395; north along U.S. Highway 6 to the intersection of U.S. Highway 120; west along U.S. Highway 120 to the Intersection of the Benton Crossing Road; west along Benton Crossing Road to the intersection of Owens River Road; west along Owens River Road to the intersection of U.S. Highway 395; south along U.S. Highway 395 to the point of beginning. No open season in the balance of the state not included in the above open zones. 4. Number of Permits: a. East Lassen Zone: 125 permits b. Central Lassen Zone: 50 permits c. North Mono Zone: 20 permits d. South Mono Zone: 35 permits 5. Permit Process: The free sage grouse hunting permits shall be issued by public drawing. All applicants shall apply either on a postcard or through the Internet at the License and Revenue Branch Home Page at http://www.dfg.ca.gov/lrb and select sage grouse drawing. All applicants must provide their name, address, zip code, hunting license number, and the zone they wish to hunt. Applicants shall submit only one drawing application for either the East Lassen Zone, Central Lassen Zone, North Mono Zone, or the South Mono and Inyo Zone. Up to four hunters may apply as a party. All hunter's names, addresses, and hunting license numbers must be included on the application. Postcard applications for all hunts shall be mailed to the Department of Fish and Game, License and Revenue Branch, 3211 S Street, Sacramento, California, 95816. Applications must be received before the close of the business day on the second Monday of August for all open zones (East Lassen Zone, Central Lassen Zone, North Mono 6. Falconry Only Permits: Applicants desiring to use a sage grouse permit during the falconry-only season must declare upon the application that the permit is for falconry only. Species 1. Seasons 2. Daily Bag and Possession Limits (E) Blue and Ruffed The second Saturday in Bag Limit: 2 grouse per day Grouse September extending for 31 consecutive days Bag Limit Makeup: w up to 2 blue grouse w up to 2 ruffed grouse w or one of each Possession Limit: w double the daily bag limit (4 grouse) BLUE AND RUFFED GROUSE HUNTING ZONE DESCRIPTIONS 3. Area Open Zone: The open hunting zone for blue and ruffed grouse includes the following counties: Alpine, Amador, Butte, Calaveras, Del Norte, El Dorado, Fresno, Glenn, Humboldt, Inyo, Lake, Lassen, Madera, Mariposa, Mendocino, Modoc, Mono, Nevada, Placer, Plumas, Shasta, Sierra, Siskiyou, Tehama, Trinity, Tulare, Tuolumne, and Yuba. All other counties are closed to the taking of blue or ruffed grouse. (F) White-tailed The second Saturday in Bag Limit: Ptarmigan September extending for 2 ptarmigan per day nine consecutive days Possession Limit: 2 per season PTARMIGAN HUNTING ZONE DESCRIPTIONS 3. Area Open Zone: The open hunting zone for ptarmigan includes Alpine County and that portion of Mono County lying north and west of a line beginning at the intersection of Highway 203 and the Madera County line; east on Highway 203 to Highway 395; and north on Highway 395 to the Nevada state line. Species 1. Seasons 2. Daily Bag and Possession Limits (G) Wild Turkeys a. Fall Season - The Bag Limit: second Saturday in 1 either-sex turkey per day November extending for 16 consecutive days Possession Limit: 1 per season b. Spring Season - The Bag Limit: last Saturday in March 1 bearded turkey per day extending for 37 consecutive days Possession Limit: 3 per season (A bearded turkey is one having a beard visible through the breast feathers.) 3. Area: a. Fall Season: All counties except San Diego County b. Spring Season: Statewide including State Game Refuge 1G, located in Tehama County (2) Archery Seasons, Bag and Possession Limits and Open Areas (see Authorized Methods of Take, sections 311 and 354) Species 1. Seasons 2. Daily Bag and Possession Limits (A) Pheasants The second Saturday in Bag Limit: November extending 2 pheasants per day for the for 60 consecutive days first 2 days of the season; 3 pheasants per day after the first two days of the season Possession Limit: double the daily bag limit; the daily archery bag may contain not more than one female pheasant 3. Area: Statewide Possession Limit: (B) Quail (all The third Saturday in Bag Limit: species) August extending for 10 quail in any combination 21 consecutive days of species per day and during the general seasons as follows: Mountain Quail a. Early Mountain Quail double the daily bag limit only: Season (Zone A) - The second Saturday in September extending through the Friday prior to the third Saturday in October All species: General Quail Season (Zone A) - The third Saturday in October extending through the last Sunday in January All species: b. Early Coastal Season (Zone B) - The last Saturday in September extending through the last Sunday in January All species: c. Balance of the State Season (Zone C) - The third Saturday in October extending through the last Sunday in January 3. Area: Statewide (C) Chukar The third Saturday in Bag Limit: August extending for 21 6 chukar consecutive days and during the general season Possession Limit: double the daily bag limit 3. Area: Statewide (D) Sage Grouse The second Saturday in See area open zone September extending descriptions (Section for 2 consecutive days 300(a)(1)(D)3.) East Lassen and Central Lassen zones: Bag Limit: 2 sage grouse per day Possession Limit: 2 sage grouse per season North Mono and South Mono and Inyo zones: Bag Limit: 1 sage grouse per day Possession Limit: 1 sage grouse per season 3. Area: Open Zone: see open zone descriptions for details [Section 300(a)(1)(D)3], which include portions of Lassen, Mono, and Inyo counties. Hunting by free permit only; see permit process section for details. (E) Blue and The third Saturday in Bag Limit: 2 grouse per day Ruffed Grouse August extending for Bag Limit Makeup: 21 consecutive days w up to 2 blue grouse and during the general w up to 2 ruffed grouse season from the second w or one of each Saturday in September extending for 31 Possession Limit: consecutive days w double the daily bag limit (4 grouse) 3. Area: Open Zone: See open zone descriptions for details [Section 300(a)(1)(E)3], which include northern and eastern portions of the state (F) White-Tailed The second Saturday in Bag Limit: Ptarmigan September extending 2 ptarmigan per day for nine consecutive days Possession Limit: 2 per season 3. Area: Open Zone: see open zone descriptions for details [Section 300(a)(1)(F)3], which include portions of Alpine and Mono counties (G) Wild Turkeys a. Fall Season - The Bag Limit: second Saturday in 1 either-sex turkey per day November extending for 16 consecutive days Possession Limit: 1 per season b. Spring Season - The Bag Limit: last Saturday in March 1 bearded turkey per day extending for 51 consecutive days Possession Limit: 3 per season (A bearded turkey is one having a beard visible through the breast feathers.) 3. Area: a. Fall Season: All counties except San Diego County b. Spring Season: Statewide including State Game Refuge 1G, located in Tehama County (3) Falconry Seasons, Bag and Possession Limits and Open Areas (see Authorized Methods of Take, Section 311) Species 1. Seasons 2. Daily Bag and Possession Limits and Hawking Hours (A) Pheasants October 1 extending Bag and Possession Limits: (B) Quail through the last day same as general season (C) Chukar in February regulations by species. The (D) Blue and daily falconry bag may Ruffed Grouse contain birds of either sex. (E) White-Tailed Ptarmigan Hawking hours are sunrise to sunset. 3. Area: See open zone descriptions for details on each species [Section 300(a)(1)] (F) Sage Grouse The first Saturday in See area open zone November extending descriptions (Section for 60 consecutive days, 300(a)(1)(D)3.) and during the general season East Lassen and Central Lassen zones: Bag Limit: 2 sage grouse per day Possession Limit: 2 sage grouse per season North Mono and South Mono and Inyo zones: Bag Limit: 1 sage grouse per day Possession Limit: 1 sage grouse per season Hawking hours are sunrise to sunset. 3. Area: See open zone descriptions [Section 300(a)(1)(D)3]; hunting by free permit only; see permit process section for details [Section 300(a)(1)(D)5]. (G) Wild Turkeys a. Fall Season - The Bag Limit: second Saturday in 1 either-sex turkey per day November extending for 16 consecutive days Possession Limit: 1 per season b. Spring Season - The Bag Limit: last Saturday in March 1 bearded turkey per day extending for 51 consecutive days Possession Limit: 3 per season Statewide including State Game Refuge 1G, located in Tehama County (A bearded turkey is one having a beard visible through the breast feathers.) 3. Area: a. Fall Season: All counties except San Diego County b. Spring Season: Statewide including State Game Refuge 1G, located in Tehama County (b) Migratory Upland Game Birds (1) Shotgun, Archery, and Falconry Seasons and Bag and Possession Limits (see Authorized Methods for Take, Section 507) Species 1. Seasons 2. Daily Bag and Possession Limits (A) Band-Tailed a. Northern Zone - The Bag Limit: Pigeons third Saturday in 2 band-tailed pigeons per day September extending for 9 consecutive days Possession Limit: double the daily bag limit b. Southern Zone - The third Saturday in December extending for 9 consecutive days BAND-TAILED PIGEON HUNTING ZONE DESCRIPTIONS 3. Area Open Zone Descriptions: a. Northern Zone: Includes the counties of Alpine, Butte, Del Norte, Glenn, Humboldt, Lassen, Mendocino, Modoc, Plumas, Shasta, Sierra, Siskiyou, Tehama, and Trinity. b. Southern Zone: Includes the balance of the state not included in the northern zone described above. Species 1. Seasons 2. Daily Bag and Possession Limits (B) Doves September 1-15 and Bag Limit: (Mourning doves, from the second Saturday Spotted doves and ringed white-winged doves, in November extending turtle doves shall be included spotted doves, and for an additional 45 days in the bag and possession ringed turtle doves) limit set for the mourning doves and white-winged doves. 10 doves per day in aggregate of the above listed dove Possession Limit: double the daily bag limit in aggregate of the above listed dove 3. Area: Statewide for mourning doves. Note: There is no open hunting season White-winged doves on common ground- may be taken only in doves, ruddy ground- Imperial, Riverside, doves, and Inca and San Bernardino doves. counties. (C) Common Snipe The third Saturday in Bag Limit: October extending 8 per day for 107 days Possession Limit: double the daily bag limit 3. Area: Statewide Note: Authority cited: Sections 200, 202, 203 and 355, Fish and Game Code. Reference: Sections 200, 202, 203, 203.1, 208, 215, 220, 355 and 356, Fish and Game Code. s 300.5. Archery Pheasant. Note: Authority cited: Section 200, Fish and Game Code. Reference: Sections 200-221, Fish and Game Code. s 300.8. Falconry Pheasant. Note: Authority cited: Section 200, Fish and Game Code. Reference: Sections 200-221, Fish and Game Code. s 301. Quail. Note: Authority cited: Sections 200, 202 and 203, Fish and Game Code. Reference: Sections 200, 202, 203, 208 and 220, Fish and Game Code. s 301.5. Archery and Falconry Quail. Note: Authority cited: Section 200, Fish and Game Code. Reference: Sections 200-221, Fish and Game Code. s 302. Red-Legged Partridge (Chukar). Note: Authority cited: Sections 200, 202 and 203, Fish and Game Code. Reference: Sections 200, 202, 203, 208 and 220, Fish and Game Code. s 302.5. Archery and Falconry Red-Legged Partridge (Chukar). Note: Authority cited: Section 200, Fish and Game Code. Reference: Sections 200-221, Fish and Game Code. s 303. Sage Grouse. Note: Authority cited: Sections 200, 202, 203, 215 and 220, Fish and Game Code. Reference: Sections 200, 202, 203, 208 and 220, Fish and Game Code. s 303.1. Sage Grouse: Closure to Taking. s 304. Blue and Ruffed Grouse. Note: Authority cited: Section 200, 202 and 203, Fish and Game Code. Reference: Sections 200, 202, 203, 208, and 220, Fish and Game Code. s 304.5. White-Tailed Ptarmigan. Note: Authority cited: Sections 200, 202 and 203, Fish and Game Code. Reference: Sections 200, 202, 203, 208 and 220, Fish and Game Code. s 305. Chinese Spotted Doves and Ringed Turtledoves. Note: Authority cited: Sections 200, 202 and 203, Fish and Game Code. Reference: Sections 200, 202, 203, 206, 214, 214.5, and 220, Fish and Game Code. s 306. Wild Turkeys. Note: Authority cited: Sections 200, 202 and 203, Fish and Game Code. Reference: Sections 200, 202, 203, 206, 214, 214.5 and 220, Fish and Game Code. s 306.5. Spring Wild Turkey. Note: Authority cited: Section 200, Fish and Game Code. Reference: Sections 200-221, Fish and Game Code. s 307. Tree Squirrels. Tree squirrels may be taken only as follows: (a) General Season and Areas: The general season in the counties of Alameda, Alpine, Amador, Butte, Calaveras, Colusa, Contra Costa, Del Norte, El Dorado, Fresno, Glenn, Humboldt, Kings, Lake, Lassen, Madera, Marin, Mariposa, Mendocino, Merced, Modoc, Monterey, Napa, Nevada, Placer, Plumas, Sacramento, San Benito, San Luis Obispo, San Joaquin, San Mateo, Santa Clara, Santa Cruz, Shasta, Sierra, Siskiyou, Solano, Sonoma, Stanislaus, Sutter, Tehama, Trinity, Tulare, Tuolumne, Yolo, Yuba, and that portion of Kern County lying east of Interstate 5 shall open on the second Saturday in September extending through the last Sunday in January. (b) Archery and Falconry Tree Squirrel Season and Area: Tree squirrels may be taken with bow and arrow or raptors only during the general tree squirrel season and as follows: (1) The season in the counties of Alpine, Amador, Butte, Calaveras, Del Norte, El Dorado, Fresno, Glenn, Humboldt, Lake, Lassen, Madera, Marin, Mariposa, Modoc, Napa, Nevada, Placer, Plumas, Shasta, Sierra, Siskiyou, Solano, Sonoma, Sutter, Tehama, Trinity, Tulare, Tuolumne, and Yuba; and that portion of Kern County lying east of Interstate 5 shall open on the first Saturday in August extending through the day before the general tree squirrel season. (c) Bag and Possession Limit: Four squirrels per day, four in possession. (d) Except as provided herein, tree squirrels may not be taken at any time in the balance of the state. Note: Authority cited: Sections 200, 202 and 203, Fish and Game Code. Reference: Sections 200-203.1 and 207, Fish and Game Code. s 307.5. Archery and Falconry Tree Squirrels. Note: Authority cited: Sections 200, 202, and 203, Fish and Game Code. Reference: Sections 200-203.1, 206, 207, 211-222, and 3800, Fish and Game Code. s 308. Brush, Cottontail and Pigmy Rabbits, and Varying Hare (Snowshoe). (a) General Season and Area: The general season shall open on July 1 extending through the last Sunday in January, and shall be open statewide except for that area described in (d) below. (b) Falconry Rabbits and Hares. Brush, cottontail and pigmy rabbits and varying hare (snowshoe) may be taken with raptors only during the general rabbit and hare seasons and as follows: The season shall open on the first Monday following the close of the general season extending through the third Sunday in March, and shall be open statewide except for that area described in (d) below. (c) Bag and Possession Limit in the Aggregate of All Species: Five per day, 10 in possession. (d) The take of brush and cottontail rabbits is prohibited within the area described as follows: That portion of San Joaquin County generally located between Stockton and Tracy that is enclosed by the following lines: Beginning at the intersection of Stewart Road and Interstate 5; west along Stewart road to the intersection of Stewart Road and Old River; southwest along Old River to the intersection of Old River and Tom Paine Slough; south along Tom Paine Slough to the intersection of Tom Paine Slough and Sugar Cut; south along Sugar Cut to the intersection of Sugar Cut and Interstate 205; east along Interstate 205 to the intersection of Interstate 205 and Interstate 5; north along Interstate 5 to the intersection of Interstate 5 and Stewart Road. Note: Authority cited: Sections 200, 202 and 203, Fish and Game Code. Reference: Sections 200-203.1, 207 and 222, Fish and Game Code. s 308.1. Falconry Rabbits. s 308.5. Crop Damage by Rabbits. See Section 4186, Fish and Game Code. s 309. Jack Rabbits, Black-Tailed and White-Tailed. (a) General Season and Area: The general season shall be open statewide all year. (b) Bag and Possession Limit: No limit. Note: Authority and reference cited: Sections 200, 202, and 203, Fish and Game Code. Reference: Sections 200-203.1, 206, 207, 211-222, and 3800, Fish and Game Code. s 309.5. Falconry Rabbits and Hares. Note: Authority cited: Sections 200, 202, and 203, Fish and Game Code. Reference: Sections 200-203.1, 206, 207, 211-222, and 3800, Fish and Game Code. s 310. Shooting Hours on Resident Small Game Mammals. The shooting hours for all resident small game mammals shall be one-half hour before sunrise to one-half hour after sunset. Note: Authority cited: Section 3000, Fish and Game Code. Reference: Section 3000, Fish and Game Code. s 310.5. Shooting Hours for Upland Game Birds. The shooting hours for all upland game birds, except for pheasants and the spring wild turkeys season, shall be from one-half hour before sunrise to sunset. The shooting hours for pheasants shall be from 8:00 a.m. to sunset. The shooting hours for the spring wild turkey season shall be from one-half hour before sunrise to 4:00 p.m. Note: Authority cited: Section 3000, Fish and Game Code. Reference: Section 3000, Fish and Game Code. s 311. Methods Authorized for Taking Resident Small Game. Only the following may be used to take resident small game: (a) Shotguns 10 gauge or smaller using shot shells only and incapable of holding more than three shells in the magazine and chamber combined. If a plug is used to reduce the capacity of a magazine to fulfill the requirements of this section, the plug must be of one piece construction incapable of removal without disassembling the gun; (b) Shotgun shells may not be used or possessed that contain shot size larger than No. BB, except that shot size larger than No. 2 may not be used or possessed when taking wild turkey. All shot shall be loose in the shell. (c) Muzzle-loading shotguns; (d) Falconry; (e) Bow and arrow (see Section 354 for archery equipment regulations); (f) Air rifles firing pellets and powered by compressed air or gas (0.20 caliber minimum for taking wild turkey); and firearm rifles and pistols for taking rabbits and squirrels, except in Los Angeles County, in addition to the methods listed in (a), (b), (c), (d) and (e) above; (g) In San Diego and Orange counties only, rabbits may be taken at any time during the open season by means of box traps. Such traps shall not exceed 24 inches in any dimension, shall be tended at least once every 24 hours, and shall show the name and address of the trap owner. All rabbits taken under this section shall be immediately killed and become a part of the daily bag limit; (h) Electronic or mechanically-operated calling or sound-reproducing devices are prohibited when attempting to take resident game birds; (i) Coursing dogs may be used to take rabbits; (j) Archers hunting during any archery season may not possess a firearm while in the field engaged in archery hunting during an archery season; (k) The use of live decoys is prohibited when attempting to take resident game birds; (l)Pistols and revolvers may be used to take blue and ruffed grouse in those counties only and for the season described in Section 300(a)(1)(E). (m) Crossbows, except for provisions of Section 354(d) and (g). (n) Dogs may be used to take and retrieve resident small game. Note: Authority cited: Sections 200, 202 and 203, Fish and Game Code. Reference: Sections 200 and 203, Fish and Game Code.Authority cited: Sections 200, 202 and 203, Fish and Game Code. Reference: Sections 200 and 203, Fish and Game Code. s 311.5. Prohibitions on Use of Firearms in Taking Resident and Migratory Game Birds. s 311.6. Prohibition of Rifles and Pistols in Picacho and Providence Mountains State Recreation Areas. The use of rifles and pistols to take any bird or mammal is prohibited in Picacho and Providence Mountains State Recreation Areas. Note: Authority cited: Sections 200, 202 and 203, Fish and Game Code. Reference: Sections 200, 202, 203, 206, 214, 214.5 and 220, Fish and Game Code. s 311.7. Use of Rifles and Pistols in Los Angeles County. In Los Angeles County the use of rifles or pistols is prohibited in the taking of rabbits. Note: Authority cited: Sections 200, 202 and 203, Fish and Game Code. Reference: Sections 200, 202, 203, 206, 214, 214.5 and 220, Fish and Game Code. s 311.8. Prohibition Against Shooting Resident Small Game from Boats. s 312. Sporting Hunting License: Non-Transferable Tags As Permits. Note: Authority cited: Sections 200, 202, 203 and 3035, Fish and Game Code. Reference: Sections 200, 202, 203, 206, 211-214.5, 220, and 3035, Fish and Game Code. s 313. Upland Game Stamp. Any adult License holder taking resident game birds including Chinese spotted doves, ringed turtle doves, of the family Columbidae; California quail and varieties thereof, Gambel's or desert quail, mountain quail and varieties thereof, blue, ruffed, and sage grouse, white-tailed ptarmigan, Hungarian partridges, red-legged partridges including the chukar and other varieties, ring-necked pheasants and varieties, and wild turkeys of the order Galliformes; and migratory game birds including common snipe, western mourning doves, white-winged doves, and band-tailed pigeons must have a current state upland game stamp affixed to their license. Note: Authority cited: Sections 200, 201, 202, and 203, Fish and Game Code. Reference: Sections 3682 Fish and Game Code. s 350. Big Game Defined. "Big game" means the following: deer (genus Odocoileus), elk (genus Cervus), pronghorn antelope (genus Antilocarpa), wild pig (feral pigs, European wild pigs and their hybrids (genus Sus), black bear (genus Ursus) and Nelson bighorn sheep (subspecies Ovis canadensis nelsoni) in the areas described in subsection 4902(b) of the Fish and Game Code. Note: Authority cited: Sections 200, 202 and 203, Fish and Game Code. Reference: Sections 200, 202, 203, 203.1, 206, 211, 212, 213, 215, 3950, 4700, 4900 and 4902, Fish and Game Code. s 350.5. Specially Protected Mammal Defined. Note: Authority cited: Sections 200, 202 and 203, Fish and Game Code. Reference: Sections 200-203.1, 206, 207, 211-222 and 4850, Fish and Game Code. s 351. Forked-Horn Buck, Antlerless and Either-Sex Deer Defined. (a) Forked-Horn Buck Defined. For the purpose of these regulations a forked-horn buck is defined as a male deer having a branched antler on either side with the branch in the upper two-thirds of the antler. Eyeguards or other bony projections on the lower one-third of the antler shall not be considered as points or branches. (b) Antlerless Deer Defined. For the purpose of these regulations, antlerless deer are defined as female deer, fawns of either sex other than spotted fawns, and male deer with an unbranched antler on one or both sides which is not more than three inches in length. (c) Either-Sex Deer Defined. For the purpose of these regulations, either-sex deer are defined as antlerless deer as described in Section 351 (b), or legal bucks that have two or more points in the upper two-thirds of either antler. Spike bucks may not be taken. Note: Authority cited: Sections 200, 202 and 203, Fish and Game Code. Reference: Sections 200-203.1 and 207, Fish and Game Code. s 352. Shooting Hours on Big Game. Hunting and shooting hours for big game, including but not limited to deer, antelope, elk, bear, and wild pig shall be from one-half hour before sunrise to one-half hour after sunset. Note: Authority cited: Sections 3000, Fish and Game Code. Reference: Sections 3000, and 3950, Fish and Game Code. s 353. Methods Authorized for Taking Big Game. (a) Except for the provisions of subsections 353(b) through (g), title 14, CCR, big game (as defined by section 350, title 14, CCR) may only be taken by rifles using centerfire cartridges with softnose or expanding bullets; bow and arrow (see section 354, title 14, CCR, for archery equipment regulations); or wheellock, matchlock, flintlock or percussion type, including "in-line" muzzleloading rifles using black powder or equivalent black powder substitute, including pellets, with single ball or bullet loaded from the muzzle and at least .40 caliber in designation. (b) Shotguns capable of holding not more than three shells firing single slugs may be used for the taking of deer, bear and wild pigs. In areas where the discharge of rifles or shotguns with slugs is prohibited by county ordinance, shotguns capable of holding not more than three shells firing size 0 or 00 buckshot may be used for the taking of deer only. (c) Pistols and revolvers using centerfire cartridges with softnose or expanding bullets may be used to take deer, bear, and wild pigs. (d) Pistols and revolvers with minimum barrel lengths of 4 inches, using centerfire cartridges with softnose or expanding bullets may be used to take elk and bighorn sheep. (e) Except as provided in subsection 354(j), crossbows may be used to take deer and wild pigs only during the regular seasons. (f) Under the provisions of a muzzleloading rifle only tag, hunters may only possess muzzleloading rifles as described in subsection 353(a) equipped with open or "peep" type sights only. (g) Under the provisions of a muzzleloading rifle/archery tag, hunters may only possess muzzleloading rifles with sights as described in subsection 353(f); archery equipment as described in Section 354; or both. For purposes of this subsection, archery equipment does not include crossbows, except as provided in subsection 354(j). (h) Except as otherwise provided, while taking or attempting to take big game under the provisions of Section 353 or Section 354, Title 14, CCR, it is unlawful to use any device or devices which: 1) throw, cast or project an artificial light or electronically alter or intensify a light source for the purpose of visibly enhancing an animal; or 2) throw, cast or project an artificial light or electronically alter or intensify a light source for the purpose of providing a visible point of aim directly on a animal. Devices commonly referred to as "sniperscopes", night vision scopes or binoculars, or those utilizing infra-red, heat sensing or other non-visible spectrum light technology used for the purpose of visibly enhancing an animal or providing a visible point of aim directly on a animal are prohibited and may not be possessed while taking or attempting to take big game. Devices commonly referred to as laser rangefinders, "red-dot" scopes with self-illuminating reticles, and fiberoptic sights with self-illuminating sight or pins which do not throw, cast or project a visible light onto an animal are permitted. Note: Authority cited: Sections 200, 202 and 203, Fish and Game Code. Reference: Sections 200, 202, 203, 203.1, 207, 2005 and 3950, Fish and Game Code.Authority cited: Sections 200, 202 and 203, Fish and Game Code. Reference: Sections 200, 202, 203, 203.1, 207, 2005 and 3950, Fish and Game Code. s 354. Archery Equipment and Crossbow Regulations. (a) Bow, as used in these regulations, means any device consisting of a flexible material having a string connecting its two ends and used to propel an arrow held in a firing position by hand only. Bow, includes long bow, recurve or compound bow. (b) Crossbow, as used in these regulations means any device consisting of a bow or cured latex band or other flexible material (commonly referred to as a linear bow) affixed to a stock, or any bow that utilizes any device attached directly or indirectly to the bow for the purpose of keeping a crossbow bolt, an arrow or the string in a firing position. Except as provided in subsection 354(j), a crossbow is not archery equipment and cannot be used during the archery deer season. (c) For the taking of big game, hunting arrows and crossbow bolts with a broad head type blade which will not pass through a hole seven-eighths inch in diameter shall be used. Mechanical/retractable broad heads shall be measured in the open position. For the taking of migratory game birds, resident small game, furbearers and nongame mammals and birds any arrow or crossbow bolt may be used except as prohibited by subsection (d) below. (d) No arrows or crossbow bolt with an explosive head or with any substance which would tranquilize or poison any animal may be used. No arrows or crossbow bolt without flu-flu fletching may be used for the take of pheasants and migratory game birds, except for provisions of section 507(a)(2). (e) No arrow or crossbow bolt may be released from a bow or crossbow upon or across any highway, road or other way open to vehicular traffic. (f) No bow or crossbow may be used which will not cast a legal hunting arrow, except flu-flu arrows, a horizontal distance of 130 yards. (g) Except as described in subsection 354(j), crossbows may not be used to take game birds and game mammals during archery seasons. (h) Except as provided in subsection 353(g), archers may not possess a firearm while hunting in the field during any archery season, or while hunting during a general season under the provisions of an archery only tag. (i) No person may nock or fit the notch in the end of an arrow to a bowstring or crossbow string in a ready-to-fire position while in or on any vehicle. (j) Upon application to the department, the department may issue a Disabled Archer Permit, free of any charge or fee, to any person with a physical disability, as defined in 354(k), which prevents him/her from being able to draw and hold a bow in a firing position. The Disabled Archer Permit authorizes the disabled archer to use a crossbow or device which holds a string and arrow in the firing position to assist in the taking of birds and mammals under the conditions of an archery tag or during archery season. (1) Applications for a Disabled Archer Permit, 2005/2006 Disabled Archer Permit Application, (Form FG 537 (New 1/05) shall be submitted to the department at the address specified on the application and shall include: (A) Applicant's name (B) Applicant's physical address (C) Applicant's date of birth (D) Applicant's Driver's License or DMV Number (E) Applicant's valid hunting license number (F) Applicant's telephone number (G) Applicant's signature (H) Medical Physician's name (I) Medical Physician's business address (J) Medical Physician's business telephone number (K) Medical Physician's State medical license number (L) A description of the disabled archer's disability (M) Medical Physician's signature (N) Signature of the authorizing department employee and date issued (2) The valid Disabled Archer Permit shall be in the archer's immediate possession while hunting and shall be shown on demand to any person authorized to enforce this regulation. (3) The Disabled Archer Permit is valid from July 1 through June 30 of the following year. (k) For the purposes of this section a physical disability means, a person having a permanent loss, significant limitation, or diagnosed disease or disorder, which substantially impairs one or both upper extremities preventing a hunter to draw and hold a bow in a firing position. Note: Authority cited: Sections 200, 202, 203 and 240, Fish and Game Code. Reference: Sections 200, 202, 203 and 203.1, Fish and Game Code. s 355. Weapons and Ammunition Authorized for the Taking of Big Game. Note: Authority cited: Sections 200, 202, and 203, Fish and Game Code. Reference: Sections 200-203.1, 206, 207, 211-222, and 3950, Fish and Game Code. s 355.5. Firearms and Archery Equipment Authorized for Taking Nongame Animals During the Open Deer Season. Note: Authority cited: Sections 200-221, Fish and Game Code. Reference: Sections 200-221, Fish and Game Code. s 356. Shooting Hours on Big Game. Note: Authority cited: Section 3000, Fish and Game Code. Reference: Sections 3000, and 3950, Fish and Game Code. s 357. Use of Dogs in Hunting Deer, Bear, Wild Pigs. Note: Authority cited: Sections 200, 202, 203, 219, 3800, 4150, and 4853, Fish and Game Code. Reference: Sections 200-203.1, 206, 207, 211-222, 3800, 4000, 4150, 4756, and 4850-4854, Fish and Game Code. s 357.1. Use of Dogs in Pursuit of and/or Hunting Wildlife. Note: Authority cited: Sections 200, 202, 203, 219, 3800, 4150, and 4853, Fish and Game Code. Reference: Sections 200-203.1, 206, 207, 211-222, 3800, 4000, 4150, 4756, and 4850-4854, Fish and Game Code. s 358. Archery Deer Hunting. Note: Authority cited: Sections 200, 202, and 203, Fish and Game Code. Reference: Sections 200-203.1, 206, 207, and 211-222, Fish and Game Code. s 358.5. Archery Bear Hunting. Note: Authority cited: Sections 200, 202, and 203, Fish and Game Code. Reference: 200-203.1, 206, 207, and 211-222, Fish and Game Code. s 359. Archery Equipment Regulations. Note: Authority cited: Sections 200, 202, and 203, Fish and Game Code. Reference: 200-203.1, 206, 207, and 211-222, Fish and Game Code. s 359.5. Use of Crossbows. Note: Authority cited: Sections 200, 202, and 203, Fish and Game Code. Reference: Sections 200-203.1, 206, 207, and 211-222, Fish and Game Code. s 360. Deer. Except as otherwise provided in this Title 14, deer may be taken only as follows: (a) A, B, C, and D Zone Hunts. (1) Zone A. (A) Area: Shall include all of Zone A-South Unit 110 and Zone A-North Unit 160 (see subsections 360(a)(1)(A)1. through 2.). 1. South Unit 110. In those portions of Alameda, Contra Costa, Fresno, Kern, Kings, Los Angeles, Monterey, San Benito, San Joaquin, San Luis Obispo, San Mateo, Santa Barbara, Santa Clara, Santa Cruz, Stanislaus and Ventura counties within a line beginning at the intersection of Highway 99 and the San Joaquin-Sacramento county line at Dry Creek; south on Highway 99 to Highway 166 in Kern County; west on Highway 166 to Highway 33; south on Highway 33 to Sespe Creek; east and south along Sespe Creek to Highway 126; east on Highway 126 to Interstate 5; south on Interstate 5 and 405 to Interstate 10; west on Interstate 10 to the Pacific Ocean; north on the Pacific Ocean coastline to the San Mateo-San Francisco county line; east on the San Mateo-San Francisco county line to the Alameda county line; north on the Alameda-San Francisco county line to the Contra Costa-San Francisco county line; northwest on Contra Costa-San Francisco county line to the Contra Costa-Marin county line; northeast on the Contra Costa-Marin county line to the Contra Costa-Solano county line in San Pablo Bay; east on the Contra Costa-Solano county line and the Sacramento River to the confluence of the San Joaquin River and Sacramento-Contra Costa county line; east on the Sacramento-Contra Costa county line and San Joaquin River to the confluence of the Mokelumne River and San Joaquin-Sacramento county line; northeast on the San Joaquin-Sacramento county line and Mokelumne River to the confluence of Dry Creek; east on the San Joaquin-Sacramento county line and Dry Creek to the point of beginning at Highway 99. 2. North Unit 160. In those portions of Colusa, Glenn, Lake, Marin, Mendocino, Napa, Sacramento, Solano, Sonoma and Yolo within a line beginning at the junction of the mouth of Hardy Creek (Mendocino County) and the Pacific Ocean; east along Hardy Creek to Highway 1; north along Highway 1 to Highway 101; south along Highway 101 to Commercial Avenue in the town of Willits; east on Commercial Avenue to the Hearst-Willits Road (County Road 306); north and east on the Hearst-Willits Road to the Main Eel River; southeast on the Main Eel River to Lake Pillsbury at Scott Dam; southeast along the west shore of Lake Pillsbury and the Rice Fork of the Eel River to Forest Service Road M-10; east on Forest Service Road M-10 to Forest Service Road 17N16; east on Forest Service Road 17N16 to Forest Service Road M-10; east on Forest Service Road M-10 to Letts Valley-Fouts Spring Road; east on the Letts Valley-Fouts Spring Road to the Elk Creek-Stonyford Road (County Road 306); north on the Elk Creek-Stonyford Road to the Glenn-Colusa county line; east along the Glenn-Colusa County line to Interstate 5; Interstate 5 south to Highway 99 in the City of Sacramento; Highway 99 south to the Sacramento/San Joaquin County line at Dry Creek, west along the Sacramento/San Joaquin County line and Dry Creek to the confluence with the Mokelumne River, southwest on the Sacramento/San Joaquin County line and Mokelumne River to the confluence with the San Joaquin River and Sacramento/Contra Costa County line, west on the Sacramento/Contra Costa County line and San Joaquin River to the confluence of the Sacramento River and Solano/Contra Costa County line, west on the Sacramento River and Solano/Contra Costa County line to the Marin County line in San Pablo Bay, southwest on the Marin/Contra Costa and Marin/San Francisco county lines to the North Peninsula shoreline near the Golden Gate Bridge, west on the shoreline to the Pacific Ocean coastline, northwest on the Pacific Ocean coastline to the point of beginning. (B) Season: The season in Zone A-South Unit 110 and Zone A-North Unit 160 shall open on the second Saturday in August and extend for 44 consecutive days. (C) Bag and Possession Limit: One buck, forked horn (see subsection 351(a)) or better, per tag. (D) Number of Tags: 65,000. Zone A tags are valid in Zone A-South Unit 110 and Zone A-North Unit 160. (2) Zone B. (A) Area: Shall include all of Zones B-1, B-2, B-3, B-4, B-5 and B-6 (see subsections 360(a)(2)(A) 1-6). 1. Zone B-1. In the County of Del Norte and those portions of Glenn, Humboldt, Lake, Mendocino, Siskiyou and Trinity counties within a line: Beginning at the California-Oregon state line and the Pacific Ocean; east along the state line to the point where Cook-Green Pass Road (Forest Service Road 48N20) intersects the California-Oregon state line; south on the Cook-Green Pass Road to Highway 96 near Seiad Valley; west and south along Highway 96 to Highway 299 at Willow Creek; southeast along Highway 299 to the South Fork of the Trinity River; southeast along the South Fork of the Trinity River to the boundary of the Yolla Bolly-Middle Eel Wilderness Area; southwest along the boundary of the Yolla Bolly-Middle Eel Wilderness Area to the Four Corners Rock-Washington Rock Trail; south and east on the Four Corners Rock-Washington Rock Trail to the North Fork of Middle Fork Eel River; south on the North Fork of Middle Fork Eel River to Middle Fork Eel River; east on Middle Fork Eel River to confluence with Balm of Gilead Creek; north and east on Balm of Gilead Creek to confluence with Minnie Creek; east and south on Minnie Creek to Soldier Ridge Trail; north on Soldier Ridge Trail to Summit Trail; south on Summit Trail to Green Springs Trail head at Pacific Crest Road (U.S. Forest Service Road M-2); south on the Mendocino Pass Road to the intersection of Forest Highway 7; west on Forest Highway 7 to the Middle Fork of the Eel River near Eel River Work Center; southwest on the Middle Fork of the Eel River to the Black Butte River; Black Butte River to the Glenn-Mendocino county line; south along the Glenn-Mendocino and Lake-Mendocino county lines to the northern boundary of State Game Refuge 2-A; east and south along the northern and eastern boundaries of State Game Refuge 2-A to the Glenn-Lake near Sheetiron Mountain; south along the Glenn-Lake and Colusa-Lake county lines to Forest Service Road 17N16; west on Forest Service Road 17N16 to Forest Service Road M-10; west on Forest Service Road M-10 to the Rice Fork of the Eel River; northwest along the Rice Fork of the Eel River and the shore of Lake Pillsbury to the Main Eel River at Scott Dam; west and north along the Main Eel River to the Hearst-Willits Road; southwest on the Hearst-Willits Road to Commercial Avenue; west on Commercial Avenue to Highway 101; north on Highway 101 to Highway 1 at Leggett; west on Highway 1 to its intersection with the South Fork of the Eel River; north and west along the South Fork of the Eel River to the main Eel River; west and north along the main Eel River to mouth of the Eel River and north along the Pacific coastline to the point of beginning. 2. Zone B-2. In those portions of Humboldt, Shasta, Siskiyou, Tehama, and Trinity counties within a line beginning at the intersection of Interstate 5 and Highway 299 in Redding; west on Highway 299 to the Bully Choop Mountain Road at the Shasta-Trinity county line and Buckhorn Summit; south on the Bully Choop Mountain Road to a point where this road leaves the Shasta-Trinity county line at Mud Springs; southwest along the Shasta-Trinity county line to the Browns Creek-Harrison Gulch Road; south on the Browns Creek-Harrison Gulch Road to Highway 36; east on Highway 36 (200 yards) to Forest Service Arterial Road 41; south on Forest Service Arterial Road 41 to Stuart Gap at the Tehama-Trinity county line; south on the Tehama-Trinity county line to the north boundary of the Yolla Bolly-Middle Eel Wilderness Area; west and south on the Yolla Bolly-Middle Eel Wilderness boundary to the South Fork of the Trinity River; north and west along the South Fork of the Trinity River to Highway 299; west and north on Highway 299 to Highway 96 at Willow Creek; north on Highway 96 to the Cecilville-Salmon River Road (Forest Service Road 93) at Somes Bar; east along the Cecilville-Salmon River Road to Highway 3 at Callahan; east along Highway 3 to the Gazelle-Callahan Road (Forest Service Road 1219); east along the Gazelle-Callahan Road to Highway 99; north along Highway 99 to Louie Road; east along Louie Road to Interstate 5; south along Interstate 5 to the point of beginning. 3. Zone B-3. In those portions of Colusa, Glenn, Lake, Mendocino, and Tehama counties within a line beginning at the intersection of Interstate 5 and Black Butte Reservoir Road; south on Interstate 5 to the Glenn-Colusa county line; west along the Glenn-Colusa county line to the Elk Creek-Stonyford Road (County Road 306); south on the Elk Creek-Stonyford Road to the Letts Valley-Fouts Spring Road; west on the Letts Valley-Fouts Spring Road through Fouts Spring to Forest Service Road M-10; west on Forest Service Road M-10 to the Colusa-Lake county line; north along the Colusa-Lake and Glenn-Lake county lines to the eastern boundary of State Game Refuge 2-A, near Sheetiron Mountain; north and west along the eastern and northern boundaries of State Game Refuge 2-A to the Lake-Mendocino county line; north on the Lake-Mendocino and Glenn-Mendocino county lines to the Black Butte River; northwest along the Black Butte River to the Middle Fork of the Eel River; east and north along the Middle Fork of the Eel River to Forest Highway 7 near the Eel River Work Center; east on Forest Highway 7 to the Low Gap-Government Flat Road; north on the Low Gap-Government Flat Road to the Round Valley-Paskenta Road at Government Flat; east on the Round Valley-Paskenta Road to the Black Butte Lake-Newville Road; south and east on the Black Butte Lake-Newville Road to Interstate 5 at the point of beginning. 4. Zone B-4. In those portions of Mendocino and Humboldt counties within a line beginning at the mouth of Hardy Creek and the Pacific Ocean; north along the Pacific coastline to the mouth of the Eel River; east and south along the main Eel River to the South Fork of the Eel River; south along the South Fork of the Eel River to state Highway 1 at Leggett; west on state Highway 1 to Hardy Creek; west along Hardy Creek to the point of beginning. 5. Zone B-5. In those portions of Glenn, Mendocino, Shasta, Tehama and Trinity counties within a line beginning at the intersection of Highway 299 and Interstate 5 in Redding; south along Interstate 5 to the Black Butte Lake- Newville Road near Orland; west and north on the Black Butte Lake-Newville Road to the Round Valley-Paskenta Road; west on the Round Valley-Paskenta Road to the Pacific Crest Road (U.S. Forest Service Road M-2) near Government Flat; north on the Pacific Crest Road to the Summit Trailhead at Green Springs; north along Summit Trail to Soldier Ridge Trail; south and west along Soldier Ridge Trail to Minnie Creek; north and west on Minnie Creek to Balm of Gilead Creek; west on Balm of Gilead Creek to the Middle Fork of the Eel River; west on the Middle Fork of the Eel River to the North Fork of the Middle Fork of the Eel River; north on the North Fork of the Middle Fork of the Eel River to the Four Corners Rock-Washington Rock Trail; north and west on the Four Corners Rock-Washington Rock Trail to the boundary of the Yolla Bolly-Middle Eel Wilderness Area; north along the boundary of the Yolla Bolly-Middle Eel Wilderness Area to the Tehama-Trinity county line; north on the Tehama-Trinity county line to Forest Service Arterial Road 41 at Stuart Gap; north on Forest Service Arterial Road 41 to Highway 36; west on Highway 36 (200 yards) to the Browns Creek-Harrison Gulch Road; north on the Browns Creek-Harrison Gulch Road to the Shasta-Trinity county line; northeast along the Shasta-Trinity county line to Mud Springs, where the Bully Choop Mountain Road joins the Shasta-Trinity county line; north on the Bully Choop Mountain Road to Highway 299 at Buckhorn Summit and the Shasta-Trinity county line; east on HIghway 299 to Interstate 5 in Redding. 6. Zone B-6. In that portion of Siskiyou County within a line beginning at the California-Oregon state line and its intersection with Interstate 5; south on Interstate 5 to Louie Road near Gazelle; west on Louie Road to Highway 99; south on Highway 99 to the Gazelle-Callahan Road at Gazelle; west on the Gazelle-Callahan Road to Highway 3; west on Highway 3 to the Cecilville-Salmon River Road (Forest Service Road 93) at Callahan; west on the Cecilville-Salmon River Road to Highway 96 at Somes Bar; north on Highway 96 to the Cook-Green Pass Road at Seiad Valley; north on the Cook-Green Pass Road to the California-Oregon state line; east along the California-Oregon state line to Interstate 5. (B) Season: The seasons for the B Zone shall be those specified for the areas described as B-1, B-2, B-3, B-4, B-5 and B-6 (see subsections 360(a)(2)(B)1-6). 1. Zone B-1. The season in Zone B-1 shall open on the third Saturday in September and extend for 37 consecutive days. 2. Zone B-2. The season in Zone B-2 shall open on the third Saturday in September and extend for 37 consecutive days. 3. Zone B-3. The season in Zone B-3 shall open on the third Saturday in September and extend for 37 consecutive days. 4. Zone B-4. The season in Zone B-4 shall open on the fourth Saturday in August and extend for 37 consecutive days. 5. Zone B-5. The season in Zone B-5 shall open on the third Saturday in September and extend for 37 consecutive days. 6. Zone B-6. The season in Zone B-6 shall open on the third Saturday in September and extend for 30 consecutive days. (C) Bag and Possession Limit: One buck, forked horn (see subsection 351(a)) or better, per tag. (D) Number of Tags: 55,500. Zone B tags are valid in Zones B-1, B-2, B-3, B-4, B-5 and B-6 (3) Zone C. (A) Area: Shall include all of Zones C-1, C-2, C-3, and C-4 (see subsections 360(a)(3)(A)1. through 4.). 1. Zone C-1. In that portion of Siskiyou County within a line beginning at the California-Oregon state line and its intersection with Interstate 5; south on Interstate 5 to Highway 97 at Weed; north and east on Highway 97 to the intersection with the California-Oregon state line; west on the California-Oregon state line to the point of beginning. 2. Zone C-2. In those portions of Shasta and Siskiyou counties within a line beginning at the junction of Interstate 5 and Highway 89 south of the town of Mt. Shasta; east and south on Highway 89 to the Pit River at Lake Britton; west and south along the Pit River to Interstate 5 at Shasta Lake; north on Interstate 5 to the point of beginning. 3. Zone C-3. In that portion of Shasta County within a line beginning at the intersection of Cottonwood Creek and Interstate 5 at Cottonwood; north on Interstate 5 to the Pit River at Shasta Lake; east and north on the Pit River to Highway 89 at Lake Britton; south on Highway 89 to Highway 44 at Old Station; south and west on Highway 44 to the North Fork of Battle Creek; southwest on the North Fork of Battle Creek to Battle Creek; west on Battle Creek to the Sacramento River; north on the Sacramento River to the mouth of Cottonwood Creek; west on Cottonwood Creek to the point of beginning. 4. Zone C-4. In those portions of Butte, Glenn, Lassen, Plumas, Shasta, and Tehama counties within a line beginning at the junction of Interstate 5 and Cottonwood Creek at Cottonwood; east on Cottonwood Creek to the Sacramento River; south on the Sacramento River to Battle Creek; east on Battle Creek to the North Fork of Battle Creek; northeast on the North Fork of Battle Creek to Highway 44; east on Highway 44 to Highway 89 at the north entrance of Lassen Volcanic National Park; north and east on Highway 89 and 44 to the junction of Highway 44 at Old Station; south and east on Highway 44 to Highway 36 west of Susanville; west on Highway 36 to Highway 147 near Westwood; south on Highway 147 to Highway 89; south on Highway 89 to Highway 70; southwest on Highway 70 to Highway 162 at Oroville; west on Highway 162 to Interstate 5; north on Interstate 5 to Cottonwood Creek to the point of beginning. (B) Season: The seasons for the C Zone shall be those specified for the areas described as C-1, C-2, C-3, and C-4 (see subsections 360(a)(3)(B)1. through 4.). 1. Zone C-1. The season in Zone C-1 shall open on the third Saturday in September and extend for 30 consecutive days. 2. Zone C-2. The season in Zone C-2 shall open on the third Saturday in September and extend for 37 consecutive days. 3. Zone C-3. The season in Zone C-3 shall open on the third Saturday in September and extend for 37 consecutive days. 4. Zone C-4. The season in Zone C-4 shall open on the third Saturday in September and extend for 16 consecutive days. (C) Bag and Possession Limit: One buck, forked horn (see subsection 351(a)) or better, per tag. (D) Number of Tags: 9,025. Zone C tags are valid in Zones C-1, C-2, C-3, and C-4during the general season only as described above in subsections 360(a)(3)(B)1. through 4. (4) Zone D-3-5. (A) Area: Shall include all of zones D-3, D-4, and D-5 (see subsections 360(a)(4)(A)1. through 3.). 1. Zone D-3. In those portions of Butte, Colusa, Glenn, Nevada, Placer, Plumas, Sierra, Sutter and Yuba counties within a line beginning at the junction of Interstate 5 and Highway 162 at Willows; east on Highway 162 to Highway 70 at Oroville; northeast on Highway 70 to Highway 89; south on Highway 89 to the new Gold Lake Road (near Graeagle); south on the new Gold Lake Road to Highway 49 at Bassetts; east on Highway 49 to Yuba Pass; south on the Yuba Pass-Webber Lake Road (main haul road) through Bonta Saddle to the Jackson Meadows Highway (Fiberboard Road); west on the Jackson Meadows Highway for two miles to the White Rock Lake Road; south on the White Rock Lake Road to the new road to White Rock Lake (below Bear Valley); south and east on the new White Rock Lake Road to the Pacific Crest Trail (one mile west of White Rock Lake in section 21, T18N, R14E, M.D.B.M.); south and east on the Pacific Crest Trail to Interstate 80 near the Castle Peak-Boreal Ridge Summit; west on Interstate 80 to Highway 20; west on Highway 20 to the Bear River in Bear Valley; west along the Bear River to Highway 65 near Wheatland; north on Highway 65 to Highway 70; north on Highway 70 to Highway 20 in Marysville; west on Highway 20 to Interstate 5 at Williams; north on Interstate 5 to the point of beginning. 2. Zone D-4. In those portions of Colusa, Nevada, Placer, Sacramento, Sutter, Yolo and Yuba counties within a line beginning at the junction of Interstate 5 and Highway 20 at Williams; east on Highway 20 to Highway 70 in Marysville; south on Highway 70 to Highway 65; south on Highway 65 to the Bear River (south of Wheatland); east along the Bear River to Highway 20; east on Highway 20 to Interstate 80; east on Interstate 80 to the Pacific Crest Trail near the Castle Peak-Boreal Ridge Summit; south on the Pacific Crest Trail toForest Route 03 at Barker Pass; east and north along Forest Route 03 to Blackwood Canyon Road; east along Blackwood Canyon Road to Highway 89 at Lake Tahoe near Idlewild; south on Highway 89 to Blackwood Creek; east on Blackwood Creek to the Lake Tahoe shoreline; south along the shore of Lake Tahoe to the mouth of Miller Creek and the common boundary between the Eldorado and Tahoe National Forests; west along Miller Creek to the Rubicon River; west along the Rubicon River through Hell Hole Reservoir to the Middle Fork of the American River; west along the Middle Fork of the American River to the American River; west along the American River to Interstate 5; north on Interstate 5 to the point of beginning. 3. Zone D-5. In the counties of Amador and Calaveras and those portions of Alpine, El Dorado, Placer, Sacramento, San Joaquin, Stanislaus and Tuolumne counties within a line beginning at the junction of Interstate 5 and the American River in Sacramento; east along the American River to the Middle Fork of the American River; northeast along the Middle Fork of the American River to the Rubicon River; east along the Rubicon River through Hell Hole Reservoir to its confluence with Miller Creek; east along Miller Creek to its junction with the new (marked) USFS Pacific Crest Trail; north on the Pacific Crest Trail one-quarter mile to a junction with the McKinney-Rubicon Springs Road (Miller Lake Road); east along the McKinney-Rubicon Springs Road to McKinney Creek (NE 1/4, section 23, T14N, R16E, M.D.B.M.); east along McKinney Creek to the west shoreline of Lake Tahoe near Chambers Lodge; south along the shore of Lake Tahoe to the California-Nevada state line; southeast along the California-Nevada state line to Highway 50; southwest on Highway 50 to the Pacific Crest Trail at Echo Summit; south along the Pacific Crest Trail to the township line between Townships 7 and 8 North near Wolf Creek Pass; due west on that township line to the road connecting Lower and Upper Highland Lakes at Lower Highland Lake; west along that road to Highland Creek; southwest along Highland Creek to the North Fork of the Stanislaus River; west along the North Fork of the Stanislaus River to the Stanislaus River; west along the Stanislaus River to Highway 99; north along Highway 99 to Interstate 80; west on Interstate 80 to Interstate 5; north on Interstate 5 to the point of beginning. (B) Season: The season for zones for D-3 through D-5 shall open on the fourth Saturday in September and extend for 37 consecutive days. (C) Bag and Possession Limit: One buck, forked horn (See subsection 351(a)) or better, per tag. (D) Number of Tags: 33,000. The Zone D-3-5 tag is valid in zones D-3, D-4, and D-5. (5) Zone D-6. (A) Area: In those portions of Alpine, Madera, Mariposa, Merced, Stanislaus and Tuolumne counties within a line beginning at the intersection of Highway 99 and the Stanislaus River at Ripon; east along the Stanislaus River and following the North Fork of the Stanislaus River to Highland Creek; east up Highland Creek to the road connecting Lower and Upper Highland Lakes at Upper Highland Lake; east along that road to the township line between Townships 7 and 8 North; east on that township line to the Sierra crest near Wolf Creek Pass; south along the Sierra crest to the Yosemite National Park boundary near Rodger Peak; along the eastern Yosemite National Park boundary to Highway 41; south along Highway 41 to the Madera-Mariposa county line south of Westfall Station; along the Madera-Mariposa and the Madera-Merced county lines to Highway 99; north along Highway 99 to the point of beginning. (B) Season: The season in Zone D-6 shall open on the third Saturday in September and extend for 44 consecutive days. (C) Bag and Possession Limit: One buck, forked horn (See subsection 351(a)) or better, per tag. (D) Number of Tags: 10,000. (6) Zone D-7. (A) Area: In those portions of Fresno, Madera, Mariposa and Tulare counties within a line beginning at the intersection of Highway 99 and the Madera-Merced county line; northeast along the Madera-Merced and Madera-Mariposa county lines to Highway 41 south of Westfall Station; north along Highway 41 to Yosemite National Park boundary; east along the park boundary to the Mono-Madera county line near Rodger Peak; south along the Inyo National Forest boundary (crest of the Ritter Range) to the junction of the Inyo National Forest boundary and Ashley Creek; east to Ashley Lake; northeast along Ashley Creek to the junction of King Creek; southeast along King Creek to its junction with the middle fork of the San Joaquin River; south and west along the middle fork of the San Joaquin River to the junction of the Inyo National Forest boundary; east along Fish Creek to its confluence with Deer Creek; north and east along Deer Creek to the upper crossing of the Deer Creek trail; north and east along the Deer Creek trail to the Inyo National Forest Boundary (the Sierra Crest); south along the Sierra crest and the Inyo National Forest boundary to Bishop Pass; west along the Dusy Basin Trail to the Middle Fork of the Kings River; southwest and downstream along the Middle Fork of the Kings River to the junction of the Middle Fork and South Fork of the Kings River; southwest along the Kings River through Pine Flat Reservoir, Piedra and Reedley to Highway 99; north along Highway 99 to the point of beginning. (B) Season: The season in Zone D-7 shall open on the third Saturday in September and extend for 44 consecutive days. (C) Bag and Possession Limit: One buck, forked horn (See subsection 351(a)) or better, per tag. (D) Number of Tags: 9,000. (7) Zone D-8. (A) Area: In those portions of Fresno, Kern and Tulare counties within a line beginning at the intersection of Highway 99 and the Kings River; upstream and northeast along the Kings River through Reedley, Piedra and Pine Flat Reservoir to the junction of the Middle and South Forks of the Kings River; northeast along the Middle Fork Kings River to the Dusy Basin Trail; east along this trail to the Kings Canyon National Park boundary at Bishop Pass; south along the Kings Canyon and Sequoia National Park boundaries to the Main Kern River; southeast along the Main Kern River and the common boundary between the Inyo and Sequoia National Forests to the end of the Chimney Meadow-Blackrock Station Road (Forest Road 21S03) near Blackrock Mountain; southeast along the Chimney Meadow-Blackrock Station Road through Troy Meadows to the South Fork of the Kern River; south along the South Fork of the Kern River to the Doyle Ranch Road; south along the Doyle Ranch Road to Highway 178 in the town of Onyx; southwest along Highway 178 to Highway 99 at Bakersfield; north along Highway 99 to the point of beginning. (B) Season: The season in Zone D-8 shall open on the fourth Saturday in September and extend for 30 consecutive days. (C) Bag and Possession Limit: One buck, forked horn (See subsection 351(a)) or better, per tag. (D) Number of Tags: 8,000. (8) Zone D-9. (A) Area: In that portion of Kern County within a line beginning at the intersection of Highways 99 and 178; northeast along Highway 178 along Lake Isabella and through Walker Pass to Highway 14; southwest along Highway 14 to Highway 58; northwest along Highway 58 to Highway 99; north along Highway 99 to the point of beginning. (B) Season: The season in Zone D-9 shall open on the fourth Saturday in September and extend for 30 consecutive days. (C) Bag and Possession Limit: One buck, forked horn (See subsection 351(a)) or better, per tag. (D) Number of Tags: 2,000. (9) Zone D-10. (A) Area: In those portions of Kern and Los Angeles counties within a line beginning at the intersection of Highways 99 and 58; southeast along Highway 58 to Highway 14; south along Highway 14 to Highway 138; west along Highway 138 to Interstate 5; north on Interstate 5 to Highway 99; north on Highway 99 to the point of beginning. (B) Season: The season in Zone D-10 shall open on the fourth Saturday in September and extend for 30 consecutive days. (C) Bag and Possession Limit: One buck, forked horn (See subsection 351(a)) or better, per tag. (D) Number of Tags: 700. (10) Zone D-11. (A) Area: Those portions of Los Angeles and San Bernardino counties, within a line beginning at the intersection of Interstate 5 and Highway 138, south of Gorman; east on Highway 138 to Highway 14; south on Highway 14 to Palmdale and Highway 138; east on Highways 138 and 18 to Interstate 15; south on interstates 15 and 15E to Interstate 10; west on Interstate 10 to Interstate 405; north on Interstates 405 and 5 to the point of beginning. (B) Season: The season in Zone D-11 shall open on the second Saturday in October and extend for 30 consecutive days. (C) Bag and Possession Limit: One buck, forked horn (See subsection 351(a)) or better, per tag. (D) Number of Tags: 5,500. (E) Special Conditions: Hunters that possess a D-11 deer tag may also hunt in zones D-13 and D-15 as described in subsections 360(a)(12)(A), (B) and (C), and subsections 360(a)(14)(A), (B) and (C). (11) Zone D-12. (A) Area: Those portions of Imperial, Riverside and San Bernardino counties within a line beginning at Highway 62 and the Twentynine Palms-Amboy Road in Twentynine Palms; east along Highway 62 to Highway 95 at Vidal Junction; north on Highway 95 to Interstate 40; east on Interstate 40 to the California-Arizona state line; south along this state line to the U.S.-Mexican border; west along the U.S.-Mexican border to Highway 111 in Calexico; north on Highway 111 to Interstate 10; north and west on Interstate 10 to Highway 62; north and east on Highway 62 to the point of beginning. (B) Season: The season in Zone D-12 shall open on the first Saturday in November and extend for 23 consecutive days. (C) Bag and Possession Limit: One buck, forked horn (See subsection 351(a)) or better, per tag. (D) Number of Tags: 950. (12) Zone D-13. (A) Area: In those portions of Kern, Los Angeles, San Luis Obispo, Santa Barbara, and Ventura counties within a line beginning at the intersection of Highways 99 and 166 at Mettler; south on Highway 99 and Interstate 5 to Highway 126; west on Highway 126 to the crossing of Sespe Creek; north and then west along Sespe Creek to Highway 33; north on Highway 33 to Highway 166; north and east on Highway 166 to the point of beginning. (B) Season: The season in Zone D-13 shall open on the second Saturday in October and extend for 30 consecutive days. (C) Bag and Possession Limit: One buck, forked horn (See subsection 351(a)) or better, per tag. (D) Number of Tags: 4,000. (E) Special Conditions: Hunters that possess a D-13 deer tag may also hunt in zones D-11 and D-15 as described in subsections 360(a)(10)(A), (B) and (C), and subsections 360(a)(14)(A), (B) and (C). (13) Zone D-14. (A) Area: In those portions of Riverside and San Bernardino counties within a line beginning at the junction of Interstates 10 and 15E; northwest on Interstates 15E and 15 through Cajon Pass to Bear Valley Cutoff Road; east on Bear Valley Cutoff Road to Highway 18; east along Highway 18 to Highway 247; southeast on Highway 247 to Highway 62; southwest on Highway 62 to Interstate 10; west on Interstate 10 to the point of beginning. (B) Seasons: The season in Zone D-14 shall open on the second Saturday in October and extend for 30 consecutive days. (C) Bag and Possession Limit: One buck, forked horn (See subsection 351(a)) or better, per tag. (D) Number of Tags: 3,000. (14) Zone D-15. (A) Area: Including Santa Catalina Island, those portions of Los Angeles, Orange, Riverside, San Bernardino and San Diego counties within a line beginning at the Pacific Ocean and Interstate 10 in Santa Monica; east on Interstate 10 to Highway 79 at Beaumont; south on Highway 79 to Hemet; south on County Road R-3 through Sage to Highway 79; west on Highway 79 to Interstate 15; south on Interstate 15 to Highway 76; west on Highway 76 to the Pacific Ocean; north along the shoreline to the point of beginning. (B) Season: The season in Zone D-15 shall open on the second Saturday in October and extend for 30 consecutive days. (C) Bag and Possession Limit: one buck, forked horn (See subsection 351(a)) or better, per tag. (D) Number of Tags: 1,500. (E) Special Conditions: Hunters that possess a D-15 deer tag may also hunt in zones D-11 and D-13 as described in subsections 360(a)(10)(A), (B) and (C), and subsections 360(a)(12)(A), (B) and (C). (15) Zone D-16. (A) Area: Those portions of Imperial, Riverside and San Diego counties within the line beginning at the Pacific Ocean and Highway 76; east on Highway 76 to Interstate 15; north on Interstate 15 to Highway 79; east on Highway 79 to the San Diego-Riverside county line; east along the San Diego-Riverside county line to the Anza-Borrego State Park boundary; south along the Anza-Borrego State Park boundary to Highway 78; east on Highway 78 to Highway 111; south on Highway 111 to the U.S.-Mexican border; west along the U.S.-Mexican border to the Pacific Ocean; north along the shoreline to the point of beginning. (B) Season: The season in Zone D-16 shall open on the fourth Saturday in October and extend for 30 consecutive days. (C) Bag and Possession Limit: One buck, forked horn (See subsection 351(a)) or better per tag. (D) Number of Tags: 3,000. (16) Zone D-17. (A) Area: Those portions of Inyo, Kern, Los Angeles and San Bernardino counties within a line beginning at Highway 395 and the Kern-Inyo county line; east along the Kern-Inyo county line to the San Bernardino-Inyo county line; east along the San Bernardino-Inyo county line to Highway 127; north along Highway 127 to the California-Nevada state line; south along the California-Nevada state line to the California-Arizona state line; south along the California-Arizona state line to Interstate 40; Interstate 40 north to Needles; Highway 95 south to Highway 62; west on Highway 62 to Highway 247; northwest on Highway 247 to Highway 18; west on Highway 18 to Bear Valley Cutoff Road; west on Bear Valley Cutoff Road to Interstate 15; north on Interstate 15 to Highway 18; west on Highways 18 and 138 to Highway 14; north on Highways 14 and 395 to the point of beginning. (B) Season: The season in Zone D-17 shall open on the second Saturday in October and extend for 23 consecutive days. (C) Bag and Possession Limit: One buck, forked horn (See subsection 351(a)) or better per tag. (D) Number of Tags: 500. (17) Zone D-19. (A) Area: Those portions of Imperial, Riverside and San Diego counties within a line beginning at the junction of Interstate 10 and Highway 79; south on Highway 79 to Hemet; south on County Road R-3 to Highway 79; south on Highway 79 to the Riverside-San Diego county line; east on the Riverside-San Diego county line to the Anza-Borrego State Park boundary; south on the Anza-Borrego State Park boundary to Highway 78; east on Highway 78 to Highway 111; north on Highway 111 to the junction of Interstate 10 in Indio; west on Interstate 10 to the point of beginning. (B) Season: The season in D-19 shall open the first Saturday in October and extend for 30 consecutive days. (C) Bag and Possession Limit: One buck, forked horn (see subsection 351(a)) or better, per tag. (D) Number of Tags: 1,500. (b) X-Zone Hunts. (1) Zone X-1. (A) Area: In those portions of Lassen, Modoc, Shasta and Siskiyou counties within a line beginning at the California-Oregon state line and its intersection with Highway 139; south on Highway 139 to the Lookout-Hackamore Road; south on the Lookout-Hackamore Road to Highway 299; west on Highway 299 to the Pit River near Bieber; south and west on the Pit River to Highway 89 at Lake Britton; northwest on Highway 89 to Interstate 5 at Mt. Shasta; north on Interstate 5 to the junction of Highway 97 at Weed; north and east on Highway 97 to the California-Oregon state line; east on the California-Oregon state line to the point of beginning. (B) Season: The season in Zone X-1 shall open on the first Saturday in October and extend for 16 consecutive days. (C) Bag and Possession Limit: One buck, forked horn (See subsection 351(a)) or better, per tag. (D) Number of Tags: 2,325. (2) Zone X-2. (A) Area: In those portions of Modoc and Siskiyou counties within a line beginning at the intersection of Highway 139 and the California-Oregon state line near Tulelake; east along the California-Oregon state line to the eastern shoreline of Goose Lake; southwest along the eastern shoreline of Goose Lake to Westside Road (Modoc County 48); southeast along the Westside Road to Highway 395 in Davis Creek; south along Highway 395 to Highway 299 in Alturas; west along Highway 299 to Highway 139 near Canby; northwest along Highway 139 to the Oregon-California state line and the point of beginning. (B) Season: The season in Zone X-2 shall open on the first Saturday in October and extend for 16 consecutive days. (C) Bag and Possession Limit: One buck, forked horn (See subsection 351(a)) or better, per tag. (D) Number of Tags: 180. (3) Zone X-3a. (A) Area: In those portions of Lassen and Modoc counties within a line beginning at the intersection of the Lookout-Hackamore Road and Highway 139; southeast on Highway 139 to Highway 299; east on Highway 299 to Highway 395 in Alturas; south on Highway 395 to the Termo-Grasshopper Road (Lassen County 513); west on the Termo-Grasshopper Road to Highway 139; south on Highway 139 to the Cleghorn Road (Lassen County 521); west and north on the Cleghorn Road to Lassen County Road 519 near Coulthurst Flat; west on Lassen County Road 519 to U.S. Forest Service Designated Through Route 22 near Gooch Mountain; west and north on U.S. Forest Service Designated Through Route 22 to the Little Valley Road (Lassen County 404); north on the Little Valley Road to the Western Pacific Railroad; northeast on the Western Pacific Railroad to Horse Creek; northwest on Horse Creek to the Pit River; north on the Pit River to Highway 299 at Bieber; northeast on Highway 299 to the Bieber-Lookout-Hackamore Road; north along the Bieber-Lookout-Hackamore Road to the point of beginning. (B) Season: The season in Zone X-3a shall open on the first Saturday in October and extend for 16 consecutive days. (C) Bag and Possession Limit: One buck, forked horn (See subsection 351(a)) or better, per tag. (D) Number of Tags: 295. (4) Zone X-3b. (A) Area: In those portions of Lassen and Modoc counties within a line beginning at the east shoreline of Goose Lake and the California-Oregon state line; east along this state line to the California-Nevada state line; south along the California-Nevada state line to the Clarks Valley-Red Rock-Tuledad Road (Lassen County Roads 512, 510 and 506); west along the Tuledad Red Rock-Clarks Valley Road to Highway 395 at Madeline; north on Highway 395 to Westside Road (Modoc County 48) in Davis Creek; west and north along Westside Road to the south shoreline of Goose Lake; east and north along the south and east shoreline of Goose Lake to the point of beginning. (B) Season: The season in Zone X-3b shall open on the first Saturday in October and extend for 16 consecutive days. (C) Bag and Possession Limit: One buck, forked horn (see subsection 351(a)) or better, per tag. (D) Number of Tags: 840. (5) Zone X-4. (A) Area: In those portions of Lassen and Shasta counties within a line beginning at the junction of Highways 89 and 44 at Old Station; north on Highway 89 to the intersection with the Pit River at Lake Britton; east and south on the Pit River to Horse Creek; southeast on Horse Creek to the Burlington Northern Railroad; southwest on the Burlington Northern Railroad to the Little Valley Road (Lassen County 404); south on the Little Valley Road to U.S. Forest Service Designated Through Route 22; south and east on U.S. Forest Service Designated Through Route 22 to Lassen County 519 near Gooch Mountain; east on Lassen County 519 to Cleghorn Road (Lassen County 521) near Coulthurst Flat; east on Cleghorn Road to Highway 139; south on Highway 139 to its crossing of Willow Creek in the Willow Creek Valley; south (downstream) on Willow Creek to its crossing of Conservation Center Road (Lassen County A-27); west on Conservation Center Road to Highway 36; northwest on Highway 36 to the intersection with Highway 44; north and west on Highway 44 to the point of beginning. (B) Season: The season in Zone X-4 shall open on the first Saturday in October and extend for 16 consecutive days. (C) Bag and Possession Limit: One buck, forked horn (See subsection 351(a)) or better, per tag. (D) Number of Tags: 435. (6) Zone X-5a. (A) Area: In that portion of Lassen County within a line beginning at the junction of Highway 395 and Conservation Center Road (Lassen County A-27) in the town of Litchfield; west on Conservation Center Road to its crossing of Willow Creek; northwest (upstream) on Willow Creek to its crossing of Highway 139 in the Willow Creek Valley; north along Highway 139 to the Termo-Grasshopper Road; east on the Termo-Grasshopper Road to Highway 395; south along Highway 395 to the point of beginning. (B) Season: The season in Zone X-5a shall open on the first Saturday in October and extend for 16 consecutive days. (C) Bag and Possession Limit: One buck, forked horn (See subsection 351(a)) or better, per tag. (D) Number of Tags: 70. (7) Zone X-5b. (A) Area: That portion of Lassen County lying within the following line: Beginning at the junction of Highway 395 and the Clarks Valley-Red Rock-Tuledad Road (Lassen County Roads 506, 510 and 512); east on the Clarks Valley-Red Rock-Tuledad Road to the California-Nevada state line; south on the California-Nevada state line to the Pyramid Lake Road (Lassen County 320); west on the Pyramid Lake Road to Highway 395; north on Highway 395 to the point of beginning. (B) Season: The season in Zone X-5b shall open on the first Saturday in October and extend for 16 consecutive days. (C) Bag and Possession Limit: One buck, forked horn (See subsection 351(a)) or better, per tag. (D) Number of Tags: 155. (8) Zone X-6a. (A) Area: In those portions of Lassen and Plumas counties within a line beginning at the junction of Highway 147 and Highway 36 near Westwood; east on Highway 36 to Conservation Center Road at Susanville (County Road A-27); east on Conservation Center Road to Highway 395 at the town of Litchfield; east on Highway 395 to the Wendel-Pyramid Lake Road (County Road 320); east on the Wendel-Pyramid Lake Road to the Nevada-California state line; south on the Nevada-California state line to the UP-WP railroad line near Herlong; west on the UP-WP railroad line to the Herlong Access Road (County Road A- 25) at Herlong; west on the Herlong Access Road to Highway 395; north on Highway 395 to County Road 336 at Milford; southwest on County Road 336 to U.S. Forest Service Road 26N16 near the Plumas-Lassen county line; west on Forest Service Road 26N16 to Forest Service Road 28N03 at Doyle Crossing; west on Forest Services Road 28N03 to Forest Service Road 29N43 near Antelope Lake; south on Forest Service Road 29N43 to County Road 111 at Flournoy Bridge; south on County Road 111 to Forest Service Road 24N08; south on Forest Service Road 24N08 to County Road 112 at Lake Davis; south on County Road 112 to Highway 70; west on Highway 70 to the Highway 89 junction at Blairsden; west on Highway 89/70 to the Greenville Y west of Quincy; northwest on Highway 89 to Highway 147 at Canyon Dam; north on Highway 147 to the point of beginning. (B) Seasons: The season in Zone X-6a shall open on the first Saturday in October and extend for 16 consecutive days. (C) Bag and Possession Limit: One buck, forked horn (See subsection 351(a)) or better, per tag. (D) Number of Tags: 325. (9) Zone X-6b. (A) Area: In those portions of Lassen and Plumas counties within a line beginning at the junction of County Road 336 and Highway 395 at Milford; south on Highway 395 to the junction of Highway 395 and the Herlong Access Road (County Road A-25); east on the Herlong Access Road to its junction with the UP-WP railroad line at Herlong; east on the UP-WP railroad line to the Nevada-California state line; south on the Nevada-California state line to the junction of the Nevada-California state line and Highway 395 at Bordertown; northwest on Highway 395 to its junction at Highway 70; west on Highway 70 to its junction with County Road 112; north on County Road 112 to its junction with U.S. Forest Service Road 24N08 at Lake Davis; north on Forest Service Road 24N08 to its junction with County Road 111; northwest on County Road 111 to its junction with Forest Service Road 29N43 at Flournoy Bridge; north on Forest Service Road 29N43 to Forest Service Road 28N03 near Antelope Lake; southeast on Forest Service Road 28N03 to Forest Service Road 26N16 at Doyle Crossing; east on Forest Service Road 26N16 to County Road 336 near the Plumas-Lassen county line; north on County Road 336 to the point of beginning. (B) Season: The season in Zone X-6b shall open on the first Saturday in October and extend for 16 consecutive days. (C) Bag and Possession Limit: One buck, forked horn (see subsection 351(a)) or better, per tag. (D) Number of Tags: 415. (10) Zone X-7a. (A) Area: In those portions of Lassen, Nevada, Plumas and Sierra counties lying within a line beginning at the junction of Highway 395 and the California-Nevada state line at Bordertown; south along the Long Valley Road (County Road S570) to its intersection with the Henness Pass Road (County Road S860); west on Henness Pass Road over Summit 2 to the intersection with County Road S450 (near the Davies Creek Campground at Stampede Reservoir); west on County Road S450 (the Henness Pass Road) through Kyburz Flat to its intersection with Highway 89; south on Highway 89 to its intersection with Interstate 80 at Truckee; west on Interstate 80 to the Pacific Crest Trail near the Castle Peak-Boreal Ridge Summit; north on the Pacific Crest Trail to the new road to White Rock Lake (one mile west of White Rock Lake in section 21, T18N, R14E, M.D.B.M.); north on the new White Rock Lake Road below Bear Valley to the White Rock Lake Road; north on the White Rock Lake Road to the Jackson Meadows Highway (Fiberboard Road); east two miles on the Jackson Meadows Highway to the Yuba Pass Road at Webber Lake; north on the Yuba Pass Road (main haul road) through Bonta Saddle to Highway 49 at Yuba Pass; west on Highway 49 to the new Gold Lake Road at Bassetts; north on the new Gold Lake Road to Highway 89 near Graeagle; north on Highway 89 to Highway 70; east on Highway 70 to Highway 395 at Hallelujah Junction; south on Highway 395 to the point of beginning. (B) Season: The season in Zone X-7a shall open on the first Saturday in October and extend for 16 consecutive days. (C) Bag and Possession Limit: One buck, forked horn (See subsection 351(a)) or better, per tag. (D) Number of Tags: 220. (11) Zone X-7b. (A) Area: In those portions of Nevada, Placer and Sierra counties lying within a line beginning at the junction of Highway 395 and the California-Nevada state line at Bordertown; south along the California-Nevada state line to the shore of Lake Tahoe; west and south along the shore of Lake Tahoe to the mouth ofBlackwood Creek near Idlewild; west on Blackwood Creek to Highway 89; north on Highway 89 to Blackwood Canyon Road; Blackwood Canyon Road near Idlewild; west along Blackwood Canyon Road to Forest Route 03; west and south along Forest Route 03 to the Pacific Crest Trail at Barker Pass; north on the Pacific Crest Trail to its intersection with Interstate 80 near the Castle Peak-Boreal Ridge Summit; east on Interstate 80 to its intersection with Highway 89 at Truckee; north on Highway 89 to County Road S450 (the Henness Pass Road, a.k.a. the Kyburz Flat Road); east on County Road S450 to its intersection with County Road S860 (continuation of Henness Pass Road) near the Davies Creek Campground at Stampede Reservoir; east on County Road S860, over Summit 2 to the junction with County Road S570 (the Long Valley Road); north on County Road S570 to Bordertown at the point of beginning. (B) Season: The season in Zone X-7b shall open on the first Saturday in October and extend for 16 consecutive days. (C) Bag and Possession Limit: One buck, forked horn (see subsection 351(a)) or better, per tag. (D) Number of Tags: 100. (12) Zone X-8. (A) Area: In those portions of Alpine and El Dorado counties within a line beginning at the junction of the California-Nevada state line and Highway 50; southeast along the California-Nevada state line to the Indian Springs Road, south to the Alpine-Mono County line; south along the Alpine-Mono county line to the Sierra crest;northwest along the Sierra crest to the intersection with the Pacific Crest Trail near Wolf Creek Pass;northwest along the Pacific Crest Trail to Highway 50 at Echo Summit; northeast on Highway 50 to the point of beginning. (B) Season: The season in Zone X-8 shall open on the fourth Saturday in September and extend for 16 consecutive days. (C) Bag and Possession Limit: One buck, forked horn (See subsection 351(a)) or better, per tag. (D) Number of Tags: 300. (13) Zone X-9a. (A) Area: In those portions of Fresno, Inyo, Madera and Mono counties within a line beginning at the intersection of Highway 6 and the California-Nevada state line; south along Highway 6 to its junction with Highway 395; south along Highway 395 to its junction with Highway 168; west and south along Highway 168 to the North Lake Road turnoff; west along the North Lake Road and the Piute Pass Trail to the Sierra Crest (Inyo National Forest Boundary); north along the Inyo National Forest Boundary to the Deer Creek Trail; south and west along the Deer Creek Trail to the upper crossing of Deer Creek; west and south along Deer Creek to its confluence with Fish Creek; west along Fish Creek to its confluence with the middle fork of the San Joaquin River; north along the middle fork of the San Joaquin River to the junction of King Creek; west along King Creek to the junction of Ashley Creek; west along Ashley Creek to Ashley Lake; continue west along Ashley Creek to the junction of the Inyo National Forest boundary; north along the Inyo National Forest Boundary (the crest of the Ritter Range) to the Mono-Madera county line; north along the Mono-Madera county line to Mono-Tuolumne county line; north on the Mono-Tuolumne county line to the Virginia Lakes Trail (Entry Trail D-11); east along Virginia Lakes Trail to Virginia Lakes Road; east along Virginia Lakes Road to Highway 395; south along Highway 395 to Highway 167; east on Highway 167 to the California-Nevada state line; southeast on the California-Nevada state line to the point of beginning. (B) Season: The season in Zone X-9a shall open on the third Saturday in September and extend for 24 consecutive days. (C) Bag and Possession Limit: One buck, forked horn (See subsection 351(a)) or better, per tag. (D) Number of Tags: 750. (14) Zone X-9b. (A) Area: That portion of Inyo County within a line beginning at the intersection of Highway 395 and Cottonwood Creek; northwest along Cottonwood Creek to the Horseshoe Meadow Road; south along the Horseshoe Meadow Road to the Cottonwood Pass Trail; west along the Cottonwood Pass Trail through Horseshoe Meadow to the Inyo-Tulare county line at Cottonwood Pass; north on the Inyo-Tulare and the Inyo-Fresno county lines to the Piute Pass Trail; east along the Piute Pass Trail to the North Lake Road; east and south on the North Lake Road to Highway 168; north and east on Highway 168 to Highway 395; south on Highway 395 to the point of beginning. (B) Season: The season in Zone X-9b shall open on the third Saturday in September and extend for 24 consecutive days. (C) Bag and Possession Limit: One buck, forked horn (see subsection 351(a)) or better per tag. (D) Number of Tags: 325. (15) Zone X-9c. (A) Area: In those portions of Inyo and Mono counties within a line beginning at Highway 395 and the Kern-Inyo county line; north along Highway 395 to Highway 6; north on Highway 6 to the California-Nevada state line; southeast along the California-Nevada state line to Highway 127; south along Highway 127 to the Inyo-San Bernardino county line; west along the Inyo-San Bernardino county line to the Kern-Inyo county line; west along the Kern-Inyo county line to the point of beginning. (B) Season: The season in Zone X-9c shall open on the third Saturday in October and extend for 23 consecutive days. (C) Bag and Possession Limit: One buck, forked horn (see subsection 351(a)) or better, per tag. (D) Number of Tags: 325. (16) Zone X-10. (A) Area: In those portions of Kern, Tulare and Inyo counties within a line beginning at the intersection of Highway 178 and the Doyle Ranch Road in the town of Onyx; north along the Doyle Ranch Road to the South Fork of the Kern River; north along the South Fork of the Kern River to the Chimney Meadow-Blackrock Station Road (Forest Road 21S03); northwest along the Chimney Meadow-Blackrock Station Road through Troy Meadows to the road's end at the Inyo and Sequoia National Forest boundary near Blackrock Mountain; northwest along the Inyo and Sequoia National Forest boundary to the main Kern River; northwest along the main Kern River to the Sequoia National Park boundary; northeast along the Sequoia National Park boundary to the Inyo-Tulare county line; southeast along the Inyo-Tulare county line to the Cottonwood Pass Trail at Cottonwood Pass; east along the Cottonwood Pass Trail through Horseshoe Meadow to the Horseshoe Meadow Road; north along the Horseshoe Meadow Road to Cottonwood Creek; southeast along Cottonwood Creek to Highway 395; south along Highway 395 to Highway 14; south along Highway 14 to Highway 178; north and west along Highway 178 to the point of beginning. (B) Season: The season in Zone X-10 shall open on the last Saturday in September and extend for 16 consecutive days. (C) Bag and Possession Limit: One buck, forked horn (See subsection 351(a)) or better, per tag. (D) Number of Tags: 400. (17) Zone X-12. (A) Area: That portion of Mono County within a line beginning at the junction of the California-Nevada state line and Highway 167 (Pole Line Road); west on Highway 167 to Highway 395; north on Highway 395 to Virginia Lakes Road; west on Virginia Lakes Road to the Virginia Lakes Trail (Entry Trail D11); northwest on the Virginia Lakes Trail to the Mono-Tuolumne county line; north along the Mono-Tuolumne county line to the Mono-Alpine county line; northeast along the Mono-Alpine county line to Indian Springs Road; northeast on Indian Springs Road to the California-Nevada state line; southeast on the California-Nevada state line to the point of beginning. (B) Season: The season in Zone X-12 shall open on the third Saturday in September and extend for 24 consecutive days. (C) Bag and Possession Limit: One buck, forked horn (see subsection 351 (a)) or better, per tag. (D) Number of Tags: 805. (c) Additional Hunts. (1) G-1 (Late Season Buck Hunt for Zone C-4). (A) Area: Those portions of Butte, Glenn, Lassen, Plumas, Shasta, and Tehama counties within the area described as Zone C-4 (see subsection 360(a)(3)(A)4.). (B) Season: The season for additional hunt G-1 (Late Season Buck Hunt for Zone C-4) shall open on the fourth Saturday in October and extend for 9 consecutive days. (C) Bag and Possession Limit: One buck, forked horn (see subsection 351(a)) or better, per tag. (D) Number of Tags: 2,850. (2) G-3 (Goodale Buck Hunt). (A) Area: In that portion of Inyo County within a line beginning at the intersection of Highway 395 and Lone Pine Creek; west along Lone Pine Creek to the Inyo-Tulare county line; northwest along the Inyo-Tulare and Inyo-Fresno county lines to Taboose Creek; east along Taboose Creek to Highway 395; south along Highway 395 to the point of beginning. (B) Season: The season for additional hunt G-3 (Goodale Buck Hunt) shall open on the first Saturday in December and extend for 16 consecutive days. (C) Bag and Possession Limit: One buck, forked horn (see subsection 351(a)) or better, per tag. (D) Number of Permits: 35. (3) G-6 (Kern River Deer Herd Buck Hunt). (A) Area: In those portions of Kern and Tulare counties lying within a line beginning at the intersection of County Road 521 and County Road 495 at Kernville; south on County Road 495 to the intersection of Highway 155 at Wofford Heights; west on Highway 155 to the intersection of U.S. Forest Service Road 24S15 at Greenhorn Summit; north on U.S. Forest Service Road 24S15 to the intersection of U.S. Forest Service Road 23S16 (near Portuguese Pass); northeast on U.S. Forest Service Road 23S16 to County Road SM50; west on County Road SM50 to the intersection of the Western Divide Highway (County Road SM107); north on County Road SM107 to the junction of U.S. Forest Service Road 21S50 (near Quaking Aspen Campground); north on U.S. Forest Service Road 21S50 to the junction of U.S. Forest Service Road 20S79; northeast on U.S. Forest Service Road 20S79 to the junction of U.S. Forest Service Road 20S53; northeast on U.S. Forest Service Road 20S53 to the Golden Trout Wilderness boundary (at Lewis Camp Trail Head); east on the Golden Trout Wilderness Boundary to Rattlesnake Creek; southeast on Rattlesnake Creek to U.S. Forest Service Road 22S05; south on U.S. Forest Service Road 22S05 to the Dome Land Wilderness Boundary; southwest on the Dome Land Wilderness Boundary to the intersection of the South Fork of the Kern River; south along the South Fork of the Kern River to the intersection of County Road 521; west on County Road 521 to the point of beginning. (B) Season: The season for additional hunt G-6 (Kern River Deer Herd Buck Hunt) shall open on the first Saturday in December and extend for 9 consecutive days. (C) Bag and Possession Limit: One buck, forked horn (see subsection 351(a)) or better, per tag. (D) Number of Tags: 50. (4) G-7 (Beale Either-Sex Deer Hunt). (A) Area: That portion of Yuba County lying within the exterior boundaries of Beale Air Force Base. (B) Season: The season for additional hunt G-7 (Beale Either-Sex Deer Hunt) shall open on the third Saturday in August and extend for 79 consecutive days, except if rescheduled by the Commanding Officer with Department concurrence between the season opener and December 31. (C) Bag and Possession Limit: One either-sex deer (see subsection 351(c)) per tag. (D) Number of Tags: 20 (military only). (E) Special Conditions: 1. Only shotguns with single slugs or muzzleloading rifles, crossbows, and archery equipment as specified in sections 353 and 354 may be used. 2. In the event the Commanding Officer cancels the hunt, G-7 tagholders will only have the option of exchanging the unused tag for any remaining deer tag or receiving a refund. (5) G-8 (Fort Hunter Liggett Antlerless Deer Hunt). (A) Area: That portion of Monterey County lying within the exterior boundaries of the Hunter Liggett Military Reservation, except as restricted by the Commanding Officer. (B) Season: The season for additional hunt G-8 (Fort Hunter Liggett Antlerless Deer Hunt) shall be open Saturdays, Sundays, and the Columbus Day holiday only beginning the first Saturday in October and extend for two consecutive weekends, except if rescheduled by the Commanding Officer with Department concurrence between the season opener and December 31. (C) Bag and Possession Limit: One antlerless deer (see subsection 351(b)) per tag. (D) Number of Tags: 20 (10 military and 10 general public). (E) Special Conditions: In the event the Commanding Officer cancels the hunt, G-8 tagholders will only have the option of exchanging the unused tag for any remaining deer tag or receiving a refund. (6) G-9 (Camp Roberts Antlerless Deer Hunt). (A) Area: That portion of San Luis Obispo County lying within the exterior boundaries of Camp Roberts, except as restricted by the Commanding Officer. (B) Season: The season for additional hunt G-9 (Camp Roberts Antlerless Deer Hunt) shall open the last Monday in August and extend for 8 consecutive days, except if rescheduled bythe Commanding Officer with Department concurrence between the season opener and December 31. (C) Bag and Possession Limit: One antlerless deer (see subsection 351(b)) per tag. (D) Number of Tags: 30 (15 military and 15 general public). (E) Special Conditions: In the event the Commanding Officer cancels the hunt, G-9 tagholders will only have the option of exchanging the unused tag for any remaining deer tag or receiving a refund. (7) G-10 (Camp Pendleton Either-Sex Deer Hunt). (A) Area: That portion of San Diego County lying within the exterior boundaries of the U.S. Marine Corps Base, Camp Joseph Pendleton. (B) Season: The season for additional hunt G-10 (Camp Pendleton Either-Sex Deer Hunt) shall be open on Saturdays, Sundays, the Columbus and Veterans Day Holidays and the day after Thanksgiving only beginning the third Saturday in September and extend through the Sunday following the Thanksgiving Day holiday, except if rescheduled by the Commanding Officer with Department concurrence between the season opener and December 31. (C) Bag and Possession Limit: One either-sex deer (see subsection 351(c)) per tag. (D) Number of Tags: 300 (military only). (E) Special Conditions: 1. Only archery equipment is permitted during the first four weekends of the season. 2. Hunting with firearms is permitted beginning on the fifth weekend through the end of season. 3. A permit fee and method of take registration with the Base are required. 4. In the event the Commanding Officer cancels the hunt, G-10 tagholders will only have the option of exchanging the unused tag for any remaining deer tag or receiving a refund. (8) G-11 (Vandenberg Either-Sex Deer Hunt). (A) Area: That portion of Santa Barbara County lying within the exterior boundaries of Vandenberg Air Force Base. (B) Season: The season for additional hunt G-11 (Vandenberg Either-Sex Deer Hunt) shall open on the last Monday in August and extend through December 31. (C) Bag and Possession Limit: One either-sex deer (see subsection 351(c)) per tag. (D) Number of Tags: 500 (military and Department of Defense employees only). (E) Special Conditions: In the event the Commanding Officer cancels the hunt, G-11 tagholders will only have the option of exchanging the unused tag for any remaining deer tag or receiving a refund. (9) G-12 (Gray Lodge Shotgun Either-Sex Deer Hunt). (A) Area: Those portions of Butte and Sutter counties within the exterior boundaries of the Gray Lodge State Wildlife Area. (B) Season: The season for additional hunt G-12 (Gray Lodge Shotgun Either-Sex Deer Hunt) shall open on the third Saturday in September and extend for nine consecutive days. (C) Bag and Possession Limit: One either-sex deer (see subsection 351(c)) per tag. (D) Number of Tags: 30. (E) Special Conditions: Only shotguns and ammunition as specified in Section 353 may be used. (10) G-13 (San Diego Antlerless Deer Hunt). (A) Area: That portion of San Diego County within Zone D-16 (see subsection 360(a)(15)(A)). (B) Season: The season for additional hunt G-13 (San Diego Antlerless Deer Hunt) shall open on the fourth Saturday in October and extend for 23 consecutive days. (C) Bag and Possession Limit: One antlerless deer (see subsection 351(b)) per tag. (D) Number of Tags: 300. (11) G-19 (Sutter-Yuba Wildlife Areas Either-Sex Deer Hunt). (A) Area: Those portions of Yuba and Sutter counties within the exterior boundaries of: (1) the Feather River Wildlife Area, and (2) the Sutter Bypass Wildlife Area (as defined in Section 550, Title 14, CCR). (B) Season: The season for additional hunt G-19 (Sutter-Yuba Wildlife Areas Either-Sex Deer Hunt) shall open on the fourth Saturday in September and extend through December 31. (C) Bag and Possession Limit: One either-sex deer (see subsection 351(c)) per tag. (D) Number of Tags: 25. (E) Special Conditions: Only archery equipment and crossbows (as specified in Section 354) and shotguns and ammunition (as specified in Section 353) may be used. (12) G-21 (Ventana Wilderness Buck Hunt). (A) Area: That portion of Monterey County and the Los Padres National Forest within the exterior boundaries of the Ventana Wilderness Area. (B) Season: The season for additional hunt G-21 (Ventana Wilderness Buck Hunt) shall open on the second Saturday in November and extend for 23 consecutive days. (C) Bag and Possession Limit: One buck, forked horn (see subsection 351(a)) or better, per tag. (D) Number of Tags: 25. (13) G-37 (Anderson Flat Buck Hunt). (A) Area: In that portion of hunt Zone D-6 in Mariposa and Tuolumne counties lying within a line beginning at the intersection of Highway 140 and Bull Creek Road at Briceburg; north on Bull Creek Road (U.S. Forest Service Road 2S05) to Greeley Hill Road; west on Greeley Hill Road to Smith Station Road (County Route J20); north on Smith Station Road to Highway 120 (near Burch Meadow); east on Highway 120 to the Yosemite National Park Boundary (near Big Oak-Flat Ranger Station); southeast along the Yosemite National Park Boundary to Highway 140; west on Highway 140 to the Yosemite National Park Boundary; northwest along the Yosemite National Park Boundary to Highway 140 (at Redbud Campground); west on Highway 140 to the point of beginning. (B) Season: The season for additional hunt G-37 (Anderson Flat Buck Hunt) shall open on the fourth Saturday in November and extend for nine consecutive days. (C) Bag and Possession Limit: One buck, forked horn (see subsection 351(a)) or better, per tag. (D) Number of Tags: 25. (14) G-38 (X-10 Late Season Buck Hunt). (A) Area: In those portions of Kern, Tulare, and Inyo counties within a line beginning at the intersection of Highway 178 and the Doyle Ranch Road in the town of Onyx; north along the Doyle Ranch Road to the South Fork of the Kern River; north along the South Fork of the Kern River to the Chimney Meadow-Blackrock Station Road (Forest Road 21S03); northwest along the Chimney Meadow-Blackrock Station Road through Troy Meadows to the road's end at the Inyo and Sequoia National Forest boundary near Blackrock Mountain; northwest along the Inyo and Sequoia National Forest boundary to the main Kern River; northwest along the main Kern River to the Sequoia National Park boundary; northeast along the Sequoia National Park boundary to the Inyo-Tulare county line; southeast along the Inyo-Tulare county line to the Cottonwood Pass Trail at Cottonwood Pass; east along the Cottonwood Pass Trail through Horseshoe Meadow to the Horseshoe Meadow Road; north along the Horseshoe Meadow Road to Cottonwood Creek; southeast along Cottonwood Creek to Highway 395; south along Highway 395 to Highway 14; south along Highway 14 to Highway 178; north and west along Highway 178 to the point of beginning. (B) Season: The season for additional hunt G-38 (X-10 Late Season Buck Hunt) shall open on the third Saturday in October and extend for 16 consecutive days. (C) Bag and Possession Limit: One buck, forked horn (see subsection 351(a)) or better, per tag. (D) Number of Tags: 300. (15) G-39 (Round Valley Late Season Buck Hunt). (A) Area: In that portion of Inyo and Mono counties within a line beginning at the intersection of U.S. Highway 395 and California Highway 168; west and south along Highway 168 to the North Lake Road turnoff; west along the North Lake Road and the Piute Pass Trail to the Inyo-Fresno county line; north along the Inyo-Fresno county line to the Mono-Fresno county line; north along the Mono-Fresno and Mono-Madera county lines to the junction of the Mono-Madera county line and California Highway 203 at Minaret Summit; southeast along Highway 203 to its junction with Highway 395; south along Highway 395 to the point of beginning. (B) Season: The season for additional hunt G-39 (Round Valley Late Season Buck Hunt) shall open on the fourth Saturday in October and extend for 16 consecutive days. (C) Bag and Possession Limit: One buck, forked horn (see subsection 351(a)) or better, per tag. (D) Number of Tags: 5. (16) M-3 (Doyle Muzzleloading Rifle Buck Hunt). (A) Area: That portion of Lassen County within the area described as X-6b (see subsection 360(b)(9)(A)). (B) Season: The season for additional hunt M-3 (Doyle Muzzleloading Rifle Buck Hunt) shall open on the third Saturday in November and extend for nine consecutive days. (C) Bag and Possession Limit: One buck, forked horn (see subsection 351(a)) or better, per tag. (D) Number of Tags: 20. (E) Special Conditions: Only muzzleloading rifles as specified in Section 353 may be used. (17) M-4 (Horse Lake Muzzleloading Rifle Buck Hunt). (A) Area: That portion of Lassen County within the area described as X5a (see subsection 360(b)(6)(A)). (B) Season: The season for additional hunt M-4 (Horse Lake Muzzleloading Rifle Buck Hunt) shall open on the fourth Saturday in October and extend for nine consecutive days. (C) Bag and Possession Limit: One buck, forked horn (see subsection 351(a)) or better, per tag. (D) Number of Tags: 5. (E) Special Conditions: Only muzzleloading rifles as specified in Section 353 may be used. (18) M-5 (East Lassen Muzzleloading Rifle Buck Hunt). (A) Area: That portion of Lassen County within the area described as X-5b (see subsection 360(b)(7)(A)). (B) Season: The season for additional hunt M-5 (East Lassen Muzzleloading Rifle Buck Hunt) shall open on the fourth Saturday in October and extend for nine consecutive days. (C) Bag and Possession Limit: One buck, forked horn (see subsection 351(a)) or better, per tag. (D) Number of Tags: 15. (E) Special Conditions: Only muzzleloading rifles as specified in Section 353 may be used. (19) M-6 (San Diego Muzzleloading Rifle Either-Sex Deer Hunt). (A) Area: That portion of San Diego County within Zone D-16 (see subsection 360(a)(15)(A)). (B) Season: The season for additional hunt M-6 (San Diego Muzzleloading Rifle Either-Sex Deer Hunt) shall open on the third Saturday in December and extend through December 31. (C) Bag and Possession Limit: One either-sex deer (see subsection 351(c)) per tag. (D) Number of Tags: 80. (E) Special Conditions: Only muzzleloading rifles as specified in Section 353 may be used. (20) M-7 (Ventura Muzzleloading Rifle Either-Sex Deer Hunt). (A) Area: All of Ventura County. (B) Season: The season for additional hunt M-7 (Ventura Muzzleloading Rifle Either-Sex Deer Hunt) shall open on the last Saturday in November and extend for 16 consecutive days. (C) Bag and Possession Limit: One either-sex deer (see subsection 351(c)) per tag. (D) Number of Tags: 150. (E) Special Conditions: Only muzzleloading rifles as specified in Section 353 may be used. (21) M-8 (Bass Hill Muzzleloading Rifle Buck Hunt). (A) Area: That portion of Lassen County within the area described as Zone X-6a (see subsection 360(b)(8)(A)). (B) Season: The season for additional hunt M-8 (Bass Hill Muzzleloading Rifle Buck) shall open on the fourth Saturday in October and extend for 9 consecutive days. (C) Bag and Possession Limit: One buck, forked horn (see subsection 351(a)) or better, per tag. (D) Number of Tags: 20. (E) Special Conditions: Only muzzleloading rifles as specified in Section 353 may be used. (22) M-9 (Devil's Garden Muzzleloading Rifle Buck Hunt). (A) Area: That portion of Modoc County within a line beginning at the intersection of the Malin Road (Modoc County 114) and the California/Oregon state line; east along the state line to the Crowder Flat Road; south along the Crowder Flat Road to the Blue Mountain Road (Modoc County 136); west on the Blue Mountain Road to the Blue Mountain-Mowitz Butte-Ambrose Road; south on the Blue Mountain-Mowitz Butte-Ambrose Road to Highway 139; north on Highway 139 to the Malin Road; north on the Malin Road to the point of beginning. (B) Season: The season for additional hunt M-9 (Devil's Garden Muzzleloading Rifle Buck Hunt) shall open on the fourth Saturday in October and extend for 16 consecutive days. (C) Bag and Possession Limit: One buck, forked horn (see subsection 351(a)) or better, per tag. (D) Number of Tags: 15. (E) Special Conditions: Only muzzleloading rifles as specified in Section 353 may be used. (23) M-11 (Northwestern California Muzzleloading Rifle Buck Hunt). (A) Area: Those portions of Del Norte, Glenn, Humbolt, Lake, Mendocino, Siskiyou, and Trinity counties within the area described as Zone B-1 (see subsection 360(a)(2)(A)1. (B) Season: The season for additional hunt M-11 (Northwestern California Muzzleloading Rifle Buck Hunt) shall open on the second Saturday in November and extend for 16 consecutive days. (C) Bag and Possession Limit: One buck, forked horn (see subsection 351(a)) or better, per tag. (D) Number of Tags: 20. (E) Special Conditions: Only muzzleloading rifles as specified in Section 353 may be used. (24) MA-1 (San Luis Obispo Muzzleloading Rifle/Archery Either-Sex Deer Hunt). (A) Area: That portion of San Luis Obispo County lying within the Los Padres National Forest. (B) Season: The season for additional hunt MA-1 (San Luis Obispo Muzzleloading Rifle/Archery Either-Sex Deer Hunt) shall open the last Saturday in November and extend for 16 consecutive days. (C) Bag and Possession Limit: One either-sex deer (see subsection 351(c)) per tag. (D) Number of Tags: 150. (E) Special Conditions: Only archery equipment as specified in Section 354 or muzzleloading rifles as specified in Section 353 may be used. (25) MA-3 (Santa Barbara Muzzleloading Rifle/Archery Buck Hunt). (A) Area: All of Santa Barbara County. (B) Season: The season for additional hunt MA-3 (Santa Barbara Muzzleloading Rifle/Archery Buck Hunt) shall open on the last Saturday in November and extend for 16 consecutive days. (C) Bag and Possession Limit: One buck, forked horn (see subsection 351(a)) or better, per tag. (D) Number of Tags: 150. (E) Special Conditions: Only muzzleloading rifles as specified in Section 353 and archery equipment as specified in Section 354 may be used. (26) J-1 (Lake Sonoma Junior Either-Sex Deer Hunt). (A) Area: That portion of Sonoma County within the boundaries of the Lake Sonoma Area, U.S. Army Corps of Engineers (COE) property described as follows: Beginning at the intersection of Hot Springs Road and the COE boundary; east and south along the boundary line to the intersection with Brush Creek; west along the north bank of Brush Creek (shoreline) to the Dry Creek arm of Lake Sonoma; south along the shoreline of the Dry Creek arm to Smittle Creek; north along the COE property line to Dry Creek; east along the COE boundary across Cherry Creek, Skunk Creek, and Yorty Creek to the point of beginning. (B) Season: The season for additional hunt J-1 (Lake Sonoma Junior Either-Sex Deer Hunt) shall open on the first Saturday in November and extend for two consecutive days. (C) Bag and Possession Limit: One either-sex deer (see subsection 351(c)) per tag. (D) Number of Tags: 25. (E) Special Conditions: 1. Only junior license holders shall apply (see subsection 708(a)(2)). 2. Tagholders shall be accompanied by an adult chaperon 18 years of age or older while hunting. 3. Tagholders shall attend an orientation meeting the day before the opening day of the season. 4. The use of dogs is prohibited. 5. Boats are required for all areas west of Cherry Creek (2/3 of the hunt area). Only cartop boats are allowed to launch from the Yorty Creek access. (27) J-3 (Tehama Wildlife Area Junior Buck Hunt). (A) Area: That portion of Tehama County within the boundaries of the Tehama Wildlife Area. (B) Season: The season for additional hunt J-3 (Tehama Wildlife Area Junior Buck Hunt) shall open on the last Saturday in November and extend for 2 consecutive days. (C) Bag and Possession Limit: One buck, forked horn (see subsection 351(a)) or better, per tag. (D) Number of Tags: 15. (E) Special Conditions: 1. Only junior license holders shall apply (see subsection 708(a)(2)). 2. Tagholders shall be accompanied by an adult chaperon 18 years of age or older while hunting. 3. Tagholders shall attend an orientation meeting the day before the opening day of the season. (28) J-4 (Shasta-Trinity Junior Buck Hunt). (A) Area: In those portions of Shasta and Trinity counties beginning at the junction of Highway 3 and Highway 299 in Weaverville; north on Highway 3 to the East Side Road at the north end of Trinity Lake; east on the East Side Road to Dog Creek Road; east on Dog Creek Road to Interstate 5 at Vollmers; south on Interstate 5 to Shasta Lake; south along the west shore of Shasta Lake to Shasta Dam; south along Shasta Dam along the Sacramento River to Keswick Dam Road; west on Keswick Dam Road to Rock Creek Road; south on Rock Creek Road to Highway 299; west on Highway 299 to the point of beginning. (B) Season: The season for additional hunt J-4 (Shasta-Trinity Junior Buck Hunt) shall open on the fourth Saturday in November and extend for nine consecutive days. (C) Bag and Possession Limit: One buck, forked horn (see subsection 351(a)) or better, per tag. (D) Number of Tags: 15. (E) Special Conditions: 1. Only junior license holders shall apply (see subsection 708(a)(2)). 2. Tagholders shall be accompanied by an adult chaperon 18 years of age or older while hunting. (29) J-7 (Carson River Junior Either-Sex Deer Hunt). (A) Area: That portion of Alpine County within the area described as Zone X-8 (see subsection 360(b)(12)(A)). (B) Season: The season for additional hunt J-7 (Carson River Junior Either-Sex Deer Hunt) shall open on the first Saturday following the closure of the X-8 general season (see subsection 360(b)(12)(B)) and extend for 9 consecutive days. (C) Bag and Possession limit: One either-sex deer (see subsection 351(c)) per tag. (D) Number of Tags: 15. (E) Special Conditions: 1. Only junior license holders shall apply (see subsection 708(a)(2)). 2. Tagholders shall be accompanied by an adult chaperon 18 years of age or older while hunting. (30) J-8 (Daugherty Hill Wildlife Area Junior Either-Sex Deer Hunt). (A) Area: That portion of Yuba County within the exterior boundaries of the Daugherty Hill Wildlife Area (as defined in Section 550, Title 14, CCR). (B) Season: The season for additional hunt J-8 (Daugherty Hill Wildlife Area Junior Either-Sex Deer Hunt) shall open on the first Saturday in December and extend through December 31. (C) Bag and Possession Limit: One either-sex deer (see subsection 351(c)) per tag. (D) Number of Tags: 15. (E) Special Conditions: 1. Only junior license holders shall apply (see subsection 708(a)(2)). 2. Tagholders shall be accompanied by an adult chaperon 18 years of age or older while hunting. 3. Tagholders shall attend an orientation meeting the day before the opening day of the season. (31) J-9 (Little Dry Creek Junior Shotgun Either-Sex Deer Hunt). (A) Area: That portion of Butte County within the exterior boundaries of the Little Dry Creek Unit Upper Butte Basin Wildlife Area (as defined in Section 550). (B) Season: The season for additional hunt J-9 (Little Dry Creek Junior Shotgun Either-Sex Deer Hunt) shall open on the third Saturday in September and extend for 9 consecutive days. (C) Bag and Possession Limit: One either-sex deer (see subsection 351(c)), per tag. (D) Number of Tags: 5. (E) Special Conditions: 1. Only junior license holders shall apply (see subsection 708(a)(2)). 2. Tagholders shall be accompanied by an adult chaperon 18 years of age or older while hunting. 3. Tagholders shall attend an orientation meeting the day before the opening day of the season. 4. Only shotguns and ammunition as specified in Section 353 may be used. (32) J-10 (Fort Hunter Liggett Junior Either-Sex Deer Hunt). (A) Area: That portion of Monterey County lying within the exterior boundaries of the Fort Hunter Liggett Military Reservation, except as restricted by the Commanding Officer. (B) Season: The season for additional hunt J-10 (Fort Hunter Liggett Junior Either-Sex Deer Hunt) shall be open Saturdays, Sundays, and the Columbus Day holiday only beginning the first Saturday in October and extend for two consecutive weekends, except if rescheduled by the Commanding Officer with Department concurrence between the season opener and December 31. (C) Bag and Possession Limit: One either-sex deer (see subsection 351(c)) per tag. (D) Number of Tags: 60 (10 military and 50 general public). (E) Special Conditions: 1. Only junior license holders shall apply (see subsection 708(a)(2)). 2. Tagholders shall be accompanied by an adult chaperon 18 years of age or older while hunting. 3. Tagholders shall attend an orientation meeting the day before the opening day of the season. 4. In the event the Commanding Officer cancels the hunt, J-10 tagholders will only have the option of exchanging the unused tag for any remaining deer tag or receiving a refund. (33) J-11 (San Bernardino Junior Either-Sex Deer Hunt). (A) Area: In those portions of Zone D-14 within San Bernardino County (see subsection 360(a)(13)(A). (B) Season: The season for additional hunt J-11 (San Bernardino Junior Either-Sex Deer Hunt) shall open on the third Saturday in November and extend for 9 consecutive days. (C) Bag and Possession Limit: One either-sex deer (see subsection 351(c)) per tag. (D) Number of Tags: 40. (E) Special Conditions: 1. Only junior license holders shall apply (see subsection 708(a)(2)). 2. Tagholders shall be accompanied by an adult chaperon 18 years of age or older while hunting. (34) J-12 (Round Valley Junior Buck Hunt). (A) Area: In that portion of Inyo and Mono counties within a line beginning at the intersection of U.S. Highway 395 and California Highway 168; west and south along Highway 168 to the North Lake Road turnoff; west along the North Lake Road and the Paiute Pass Trail to the Inyo-Fresno county line; north along the Inyo-Fresno county line to the Mono-Fresno county line; north along the Mono-Fresno and Mono-Madera county lines to the junction of the Mono-Madera county line and California Highway 203 at Minaret Summit; southeast along Highway 203 to its junction with Highway 395; south along Highway 395 to the point of beginning. (B) Season: The season for additional hunt J-12 (Round Valley Junior Buck Hunt) shall open on the first Saturday in December and extend for 16 consecutive days. (C) Bag and Possession Limit: One buck, forked horn (see subsection 351(a)) or better, per tag. (D) Number of Tags: 10. (E) Special Conditions: 1. Only junior license holders shall apply (see subsection 708(a)(2)). 2. Tagholders shall be accompanied by an adult chaperon 18 years of age or older while hunting. (35) J-13 (Los Angeles Junior Either-Sex Deer Hunt). (A) Area: In that portion of Los Angeles County within Zone D-11 (see subsection 360(a)(10)(A)). (B) Season: The season for additional hunt J-13 (Los Angeles Junior Either-Sex Deer Hunt) shall open on the third Saturday in November and extend for 9 consecutive days. (C) Bag and Possession Limit: One either-sex deer (see subsection 351(c)) per tag. (D) Number of Tags: 40. (E) Special Conditions: 1. Only junior license holders shall apply (see subsection 708(a)(2)). 2. Tagholders shall be accompanied by an adult chaperon 18 years of age or older while hunting. (36) J-14 (Riverside Junior Either-Sex Deer Hunt). (A) Area: In that portion of Riverside County within Zone D-19 (see subsection 360(a)(17)(A)). (B) Season: The season for additional hunt J-14 (Riverside Junior Either-Sex Deer Hunt) shall open on the third Saturday in November and extend for 9 consecutive days. (C) Bag and Possession Limit: One either-sex deer (see subsection 351(c)) per tag. (D) Number of Tags: 30. (E) Special Conditions: 1. Only junior license holders shall apply (see subsection 708(a)(2)). 2. Tagholders shall be accompanied by an adult chaperon 18 years of age or older while hunting. (37) J-15 (Anderson Flat Junior Buck Hunt). (A) Area: In that portion of Zone D-6 in Mariposa and Tuolumne counties lying within a line beginning at the intersection of Highway 140 and Bull Creek Road at Briceburg; north on Bull Creek Road (U.S. Forest Service Road 2S05) to Greeley Hill Road; west on Greeley Hill Road to Smith Station Road (County Route J20); north on Smith Station Road to Highway 120 (near Burch Meadow); east on Highway 120 to the Yosemite National Park Boundary (near Big Oak-Flat Ranger Station); southeast along the Yosemite National Park Boundary to Highway 140; west on Highway 140 to the Yosemite National Park Boundary; northwest along the Yosemite National Park Boundary to Highway 140 (at Redbud Campground); west on Highway 140 to the point of beginning. (B) Season: The season for additional hunt J-15 (Anderson Flat Junior Buck Hunt) shall open on the fourth Saturday in November and extend for nine consecutive days. (C) Bag and Possession Limit: One buck, forked horn (see subsection 351(a)) or better, per tag. (D) Number of Tags: 10. (E) Special Conditions: 1. Only junior license holders shall apply (see subsection 708(a)(2)). 2. Tagholders shall be accompanied by an adult chaperon 18 years of age or older while hunting. (38) J-16 (Bucks Mountain-Nevada City Junior Either-Sex Deer Hunt). (A) Area: Excluding Butte, Colusa and Glenn Counties, in those portions of Nevada, Placer, Plumas, Sierra, Sutter and Yuba Counties within the area described as zone D-3 (see subsection 360(a)(4)(A)1). (B) Season: The season for additional hunt J-16 (Bucks Mountain-Nevada City Junior Either-Sex Deer Hunt) shall be concurrent with the zone D-3 general season as defined in subsection 360(a)(4)(B). (C) Bag and Possession Limit: One either-sex deer (see subsection 351(c)) per tag. (D) Number of Tags: 75. (E) Special Conditions: 1. Only junior license holders shall apply (see subsection 708(a)(2)). 2. Tagholders shall be accompanied by an adult chaperon 18 years of age or older while hunting. (39) J-17 (Blue Canyon Junior Either-Sex Deer Hunt). (A) Area: Excluding Colusa County, in those portions of Nevada, Placer, Sacramento, Sutter, Yolo and Yuba Counties within the area described as zone D-4 (see subsection 360(a)(4)(A)2). (B) Season: The season for additional hunt J-17 (Blue Canyon Junior Either-Sex Deer Hunt) shall be concurrent with the zone D-4 general season as defined in subsection 360(a)(4)(B). (C) Bag and Possession Limit: One either-sex deer (see subsection 351(c)) per tag. (D) Number of Tags: 25. (E) Special Conditions: 1. Only junior license holders shall apply (see subsection 708(a)(2)). 2. Tagholders shall be accompanied by an adult chaperon 18 years of age or older while hunting. (40) J-18 (Pacific-Grizzly Flat Junior Either-Sex Deer Hunt). (A) Area: Excluding Amador, Calaveras and Tuolumne Counties, in those portions of Alpine, El Dorado, Placer, Sacramento, San Joaquin, and Stanislaus counties within the area described as zone D-5 (see subsection 360(a)(4)(A)3). (B) Season: The season for additional hunt J-18 (Pacific-Grizzly Flat Junior Either-Sex Deer Hunt) shall be concurrent with the zone D-5 general season as defined in subsection 360(a)(4)(B). (C) Bag and Possession Limit: One either-sex deer (see subsection 351(c)) per tag. (D) Number of Tags: 75. (E) Special Conditions: 1. Only junior license holders shall apply (see subsection 708(a)(2)). 2. Tagholders shall be accompanied by an adult chaperon 18 years of age or older while hunting. (41) J-19 (Zone X-7a Junior Either-Sex Deer Hunt). (A) Area: In those portions of Lassen, Nevada, Plumas and Sierra Counties within the area described as zone X-7a (see subsection 360(b)(10)(A)). (B) Season: The season for additional hunt J-19 (Zone X-7a Junior Either-Sex Deer Hunt) shall be concurrent with the zone X-7a general season as defined in subsection 360(b)(10)(B). (C) Bag and Possession Limit: One either-sex deer (see subsection 351(c)) per tag. (D) Number of Tags: 25. (E) Special Conditions: 1. Only junior license holders shall apply (see subsection 708(a)(2)). 2. Tagholders shall be accompanied by an adult chaperon 18 years of age or older while hunting. (42) J-20 (Zone X-7b Junior Either-Sex Deer Hunt). (A) Area: In those portions of Nevada, Placer and Sierra Counties within the area described as zone X-7b (see subsection 360(b)(11)(A)). (B) Season: The season for additional hunt J-20 (Zone X-7b Junior Either-Sex Deer Hunt) shall be concurrent with the zone X-7b general season as described in subsection 360(b)(11)(B). (C) Bag and Possession Limit: One either-sex deer (see subsection 351(c)) per tag. (D) Number of Tags: 20. (E) Special Conditions: 1. Only junior license holders shall apply (see subsection 708(a)(2)). 2. Tagholders shall be accompanied by an adult chaperon 18 years of age or older while hunting. (43) J-21 (East Tehama Junior Either-Sex Deer Hunt). (A) Area: In that portion of Tehama County within the area described as zone C-4 (see subsection 360(a)(3)(A)4.). (B) Season: The season for additional hunt J-21 (East Tehama Junior Either-Sex Deer Hunt) shall open on the third Saturday in September and extend for 44 consecutive days. (C) Bag and Possession Limit: One either-sex deer (see subsection 351(c)) per tag. (D) Number of Tags: 50. (E) Special Conditions: 1. Only junior license holder shall apply (see subsection 708(a)(2)). 2. Tagholders shall be accompanied by an adult chaperon 18 years of age or older while hunting. (44) Conditions for Special Hunts. (A) When hunting on military reservations or private lands, hunters shall have in their possession a written permit signed by the landowner, which may specify where and when the permittee may hunt. (B) When required, tagholders shall check in and check out of designated check stations. (d) Fund-raising License Tags. Fund-raising license tags (Golden Opportunity and Open Zone) for the taking of buck deer (as defined in subsection 351(a)) shall be offered for sale to raise funds for the management of deer through the Deer Herd Management Plan Implementation Program. Any resident or nonresident is eligible to purchase a fund-raising license tag. The sale price of a fund-raising license tag includes the fees for deer tag applications and for processing and issuing a hunting license. The purchaser shall be issued a hunting license and fund-raising license tag only after meeting the hunter education requirements for a hunting license. (1) Golden Opportunity Tag. (A) Area: Golden Opportunity tags shall be valid statewide. (B) Season: Golden Opportunity tags shall be valid beginning on the second Saturday in July and extend through December 31. (C) Bag and Possession Limit: One buck, forked horn (see subsection 351(a)) or better, per tag. (D) Number of Tags: 5. (E) Special Conditions: 1. The holder of a Golden Opportunity tag may take deer using methods authorized in sections 353 and 354. 2. Fund-raising license tagholders who receive a deer tag pursuant to Section 708(a)(2) shall be allowed to exchange that tag under the provisions of subsection 708(a)(2)(F). Tagholders shall not be entitled to obtain more than two (2) deer tags as described in subsection 708(a)(2). 3. Tagholders shall report to the Regional Patrol Chief at the appropriate Department of Fish and Game Regional Headquarters prior to hunting as to the time and area they intend to hunt. (2) Open Zone Tag. (A) Area: Open Zone tags shall be valid in the areas as described in sections 360 and 361. (B) Season: Open Zone tags shall be valid during the authorized seasons described in sections 360 and 361. (C) Bag and Possession Limit: One buck, forked horn (see subsection 351(a)) or better, per tag. (D) Number of Tags: 5. (E) Special Conditions: 1. The holder of an Open Zone tag shall meet any special conditions and take deer using the method of take described in sections 360 and 361. 2. Fund-raising license tagholders who receive a deer tag pursuant to Section 708(a)(2) shall be allowed to exchange that tag under the provisions of subsection 708(a)(2)(F). Tagholders shall not be entitled to obtain more than two (2) deer tags as described in subsection 708(a)(2). 3. Tagholders shall report to the Regional Patrol Chief at the appropriate Department of Fish and Game Regional Headquarters prior to hunting as to the time and area they intend to hunt. Note: Authority: Sections 200, 202, 203, 220, 460, 3452, 3453 and 4334, Fish and Game Code. Reference: Sections 200, 202, 203, 203.1, 207, 458, 459, 460, 3452, 3453 and 4334, Fish and Game Code. s 361. Archery Deer Hunting. (a) Archery Hunting With General Deer Zone Tags. Deer may be taken during the archery season only with archery equipment specified in Section 354 as follows: (1) Zone A. (A) Area: As described in subsection 360(a)(1)(A)1. through 2. (B) Season: The archery deer season in Zone A-South Unit 110 and Zone A-North Unit 160 shall open on the second Saturday in July and extend for 23 consecutive days. (C) Bag and Possession Limit: One buck, forked horn (see subsection 351(a)) or better per tag. (2) B Zones. (A) Zones B-1 through B-3, B-5 and B-6. 1. Area: As described in subsection 360(a)(2)(A). 2. Season: The archery deer season in Zones B-1 through B-3, B-5 and B-6 shall open on the third Saturday in August and extend for 23 consecutive days. 3. Bag and Possession Limit: One buck, forked horn (see subsection 351(a)) or better per tag. (B) Zone B-4. 1. Area: As described in subsection 360(a)(2)(A)4. 2. Season: The archery deer season in Zone B-4 shall open on the fourth Saturday in July and extend for 23 consecutive days. (3) C Zones (Note: see subsection 361(b) below for area-specific archery hunt A-1 (C Zones Archery Only Hunt)). (4) D Zones. (A) Zones D-3 through D-5. 1. Area: As described in subsection 360(a)(4)(A)1. through 3. 2. Season: The archery season in Zones D-3, D-4, and D-5 shall open on the third Saturday in August and extend for 23 days. 3. Bag and Possession Limit: One buck, forked horn (see subsection 351(a)) or better per tag. 4. Special Conditions: Hunters that possess a Zone D-3-5 tag may hunt in zones D-3, D-4, and D-5. (B) Zones D-6 through D-10. 1. Area: As described in subsection 360(a)(5)(A) through (9)(A). 2. Season: The archery season in zones D-6 through D-10 shall open on the third Saturday in August and extend for 23 days. 3. Bag and Possession Limit: One buck, forked horn (see subsection 351(a)) or better per tag. (C) Zones D-11, D-13 and D-15. 1. Area: As described in subsection 360(a)(10)(A), (12)(A) and (14)(A), respectively. 2. Season: The archery season in Zones D-11, D-13 and D-15 shall open on the first Saturday in September and extend for 23 days. 3. Bag and Possession Limit: One buck, forked horn (see subsection 351(a)) or better per tag. 4. Special Conditions: Hunters that possess a D-11, D-13, or D-15 tag may hunt in any, or all three of those zones. (D) Zone D-12. 1. Area: As described in subsection 360(a)(11)(A). 2. Season: The archery season in Zone D-12 shall open on the first Saturday in October and extend for 23 consecutive days. 3. Bag and Possession Limit: One buck, forked horn (see subsection 351(a)) or better per tag. (E) Zones D-14, D-16, D-17 and D-19. 1. Area: As described in subsection 360(a)(13)(A), (15)(A), (16)(A) and (17)(A), respectively. 2. Season: The archery season in zones D-14, D-16, D-17 and D-19 shall open on the first Saturday in September and extend for 23 consecutive days. 3. Bag and Possession Limit: One buck, forked horn (see subsection 351(a)) or better per tag. (b) Archery Hunting With Area-specific Archery Tags. Deer may be taken only with archery equipment specified in Section 354, only during the archery seasons as follows: (1) A-1 (C Zones Archery Only Hunt). (A) Area:Shall include all of Zones C-1, C-2, C-3, and C-4 as described in subsections 360(a)(3)(A)1 through 4. (B) Season: 1. Zone C-1. The archery season for Zone C-1 shall open on the third Saturday in August and extend for 16 consecutive days. 2. Zone C-2. The archery season for Zone C-2 shall open on the third Saturday in August and extend for 23 consecutive days. 3. Zone C-3. The archery season for Zone C-3 shall open on the third Saturday in August and extend for 23 consecutive days. 4. Zone C-4. The archery season for Zone C-4 shall open on the third Saturday in August and extend for 16 consecutive days. (C) Bag and Possession Limit: One buck, forked horn (see subsection 351(a)) or better per tag. (D) Number of Tags:2,045 A-1 (C Zones Archery Only Hunt) tags are valid in Zones C-1, C-2, C-3, and C-4 only during the archery season as specified above in subsections 361(b)(1)(B)1 through 4. (2) A-3 (Zone X-1 Archery Hunt) (A) Area: As described in subsection 360(b)(1)(A). (B) Season: The archery season for hunt A-3 (Zone X-1 Archery Hunt) shall open on the third Saturday in August and extend for 23 consecutive days. (C) Bag and Possession Limit: One buck, forked horn (see subsection 351(a)) or better per tag. (D) Number of Tags: 265. (3) A-4 (Zone X-2 Archery Hunt) (A) Area: As described in subsection 360(b)(2)(A). (B) Season: The archery season for hunt A-4 (Zone X-2 Archery Hunt) shall open on the third Saturday in August and extend for 23 consecutive days. (C) Bag and Possession Limit: One buck, forked horn (see subsection 351(a)) or better per tag. (D) Number of Tags: 10. (4) A-5 (Zone X-3a Archery Hunt). (A) Area: As described in subsection 360(b)(3)(A). (B) Season: The archery season for hunt A-5 (Zone X-3a Archery Hunt) shall open on the third Saturday in August and extend for 23 consecutive days. (C) Bag and Possession Limit: One buck, forked horn (see subsection 351(a)) or better per tag. (D) Number of Tags: 35. (5) A-6 (Zone X-3b Archery Hunt). (A) Area: As described in subsection 360(b)(4)(A). (B) Season: The archery season for hunt A-6 (Zone X-3b Archery Hunt) shall open on the third Saturday in August and extend for 23 consecutive days. (C) Bag and Possession Limit: One buck, forked horn (see subsection 351(a)) or better per tag. (D) Number of Tags: 90. (6) A-7 (Zone X-4 Archery Hunt). (A) Area: As described in subsection 360(b)(5)(A). (B) Season: The archery season for hunt A-7 (Zone X-4 Archery Hunt) shall open on the third Saturday in August and extend for 23 consecutive days. (C) Bag and Possession Limit: One buck, forked horn (see subsection 351(a)) or better per tag. (D) Number of Tags: 105. (7) A-8 (Zone X-5a Archery Hunt). (A) Area: As described in subsection 360(b)(6)(A). (B) Season: The archery season for hunt A-8 (Zone X-5a Archery Hunt) shall open on the third Saturday in August and extend for 23 consecutive days. (C) Bag and Possession Limit: One buck, forked horn (see subsection 351(a)) or better per tag. (D) Number of Tags: 20. (8) A-9 (Zone X-5b Archery Hunt). (A) Area: As described in subsection 360(b)(7)(A). (B) Season: The archery season for hunt A-9 (Zone X-5b Archery Hunt) shall open on the third Saturday in August and extend for 23 consecutive days. (C) Bag and Possession Limit: One buck, forked horn (see subsection 351(a)) or better per tag. (D) Number of Tags: 5. (9) A-11 (Zone X-6a Archery Hunt). (A) Area: As described in subsection 360(b)(8)(A). (B) Season: The archery season for hunt A-11 (Zone X-6a Archery Hunt) shall open on the third Saturday in August and extend for 23 consecutive days. (C) Bag and Possession Limit: One buck, forked horn (see subsection 351(a)) or better per tag. (D) Number of Tags: 55. (10) A-12 (Zone X-6b Archery Hunt). (A) Area: As described in subsection 360(b)(9)(A). (B) Season: The archery season for hunt A-12 (Zone X-6b Archery Hunt) shall open on the third Saturday in August and extend for 23 consecutive days. (C) Bag and Possession Limit: One buck, forked horn (see subsection 351(a)) or better per tag. (D) Number of Tags: 175. (11) A-13 (Zone X-7a Archery Hunt). (A) Area: As described in subsection 360(b)(10)(A). (B) Season: The archery season for hunt A-13 (Zone X-7a Archery Hunt) shall open on the third Saturday in August and extend for 23 consecutive days. (C) Bag and Possession Limit: One buck, forked horn (see subsection 351(a)) or better per tag. (D) Number of Tags: 30. (12) A-14 (Zone X-7b Archery Hunt). (A) Area: As described in subsection 360(b)(11)(A). (B) Season: The archery season for hunt A-14 (Zone X-7b Archery Hunt) shall open on the third Saturday in August and extend for 23 consecutive days. (C) Bag and Possession Limit: One buck, forked horn (see subsection 351(a)) or better per tag. (D) Number of Tags: 20. (13) A-15 (Zone X-8 Archery Hunt). (A) Area: As described in subsection 360(b)(12)(A). (B) Season: The archery season for hunt A-15 (Zone X-8 Archery Hunt) shall open on the third Saturday in August and extend for 23 consecutive days. (C) Bag and Possession Limit: One buck, forked horn (see subsection 351(a)) or better per tag. (D) Number of Tags: 25. (14)A-16 (Zone X-9a Archery Hunt). (A) Area: As described in subsection 360(b)(13)(A). (B) Season: The archery season for hunt A-16 (Zone X-9a Archery Hunt) shall open on the third Saturday in August and extend for 23 consecutive days. (C) Bag and Possession Limit: One buck, forked horn (see subsection 351(a)) or better per tag. (D) Number of Tags: 130. (15)A-17 (Zone X-9b Archery Hunt). (A) Area: As described in subsection 360(b)(14)(A). (B) Season: The archery season for hunt A-17 (Zone X-9b Archery Hunt) shall open on the third Saturday in August and extend for 23 consecutive days. (C) Bag and Possession Limit: One buck, forked horn (see subsection 351(a)) or better per tag. (D) Number of Tags: 300. (16) A-18 (Zone X-9c Archery Hunt). (A) Area: As described in subsection 360(b)(15)(A). (B) Season: The archery season forhunt A-18 (Zone X-9cArchery Hunt)shall open on the third Saturday in August and extend for 23 consecutive days. (C) Bag and Possession Limit: One buck, forked horn (see subsection 351(a)) or better per tag. (D) Number of Tags: 350. (17) A-19 (Zone X-10 Archery Hunt). (A) Area: As described in subsection 360(b)(16)(A). (B) Season: The archery season forhunt A-19 (Zone X-10Archery Hunt)shall open on the third Saturday in August and extend for 16 consecutive days. (C) Bag and Possession Limit: One buck, forked horn (see subsection 351(a)) or better per tag. (D) Number of Tags: 120. (18) A-20 (Zone X-12 Archery Hunt). (A) Area: As described in subsection 360(b)(17)(A). (B) Season: The archery season forhunt A-20 (Zone X-12Archery Hunt)shall open on the third Saturday in August and extend for 23 consecutive days. (C) Bag and Possession Limit: One buck, forked horn (see subsection 351(a)) or better per tag. (D) Number of Tags: 115. (19) A-21 (Anderson Flat Archery Buck Hunt). (A) Area: In that portion of hunt Zone D-6 in Mariposa and Tuolumne counties lying within a line beginning at the intersection of Highway 140 and Bull Creek Road at Briceburg; north on Bull Creek Road (U.S. Forest Service Road 2S05) to Greeley Hill Road; west on Greeley Hill Road to Smith Station Road (County Route J20); north on Smith Station Road to Highway 120 (near Burch Meadow); east on Highway 120 to the Yosemite National Park Boundary (near Big Oak-Flat Ranger Station); southeast along the Yosemite National Park Boundary to Highway 140; west on Highway 140 to the Yosemite National Park Boundary; northwest along the Yosemite National Park Boundary to Highway 140 (at Redbud Campground); west on Highway 140 to the point of beginning. (B) Season: The season for hunt A-21 (Anderson Flat Archery Buck Hunt) shall open on the second Saturday in November and extend for 14 consecutive days. (C) Bag and Possession Limit: One buck, forked horn (see subsection 351(a)) or better, per tag. (D) Number of Tags: 25. (20) A-22 (San Diego Archery Either-Sex Deer Hunt). (A) Area: That portion of San Diego County within Zone D-16 (see subsection 360(a)(15)(A)). (B) Season: The season for hunt A-22 (San Diego Archery Either-Sex Deer Hunt) shall open on the first Saturday in September and extend for 44 consecutive days, and reopen on the third Saturday in November and extend through December 31. (C) Bag and Possession Limit: One either-sex deer (see subsection 351(c)) per tag. (D) Number of Tags: 1,000. (21) A-24 (Monterey Archery Either-Sex Deer Hunt). (A) Area: All of Monterey County, except Fort Ord Military Reservation. (B) Season: The season for hunt A-24 (Monterey Archery Either-Sex Deer Hunt) shall open on the second Saturday in October and extend for 30 consecutive days. (C) Bag and Possession Limit: One either-sex deer (see subsection 351(c)) per tag. (D) Number of Tags: 100. (22)A-25 (Lake Sonoma Archery Either-Sex Deer Hunt). (A) Area: That portion of Sonoma County within the boundaries of the Lake Sonoma Area, U.S. Army Corps of Engineers (COE) property described as follows: Beginning at the intersection of Hot Springs Road and the COE boundary; east and south along the boundary line to the intersection with Brush Creek; west along the north bank of Brush Creek (shoreline) to the Dry Creek arm of Lake Sonoma; south along the shoreline of the Dry Creek arm to Smittle Creek; north along the COE property line to Dry Creek; east along the COE boundary across Cherry Creek, Skunk Creek, and Yorty Creek to the point of beginning. (B) Season: The season for hunt A-25 (Lake Sonoma Archery Either-Sex Deer Hunt) shall be open on Saturdays, Sundays and Mondays only, beginning on the first Saturday in October and extending for 24 consecutive days. (C) Bag and Possession Limit: One either-sex deer (see subsection 351(c)) per tag. (D) Number of Tags: 35. (E) Special Conditions: 1. The use of dogs is prohibited. 2. Boats are required for all areas west of Cherry Creek (some 2/3 0f the hunt area). Only cartop boats are allowed to launch from the Yorty Creek access. (23)A-26 (Bass Hill Archery Buck Hunt). (A) Area: That portion of Lassen County within the area described as Zone X-6a (see subsection 360(b)(8)(A)). (B) Season: The season for hunt A-26 (Bass Hill Archery Buck Hunt) shall open on the third Saturday in November and extend for 23 consecutive days. (C) Bag and Possession Limit: One buck, forked horn (see subsection 351(a)) or better, per tag. (D) Number of Tags: 30. (24)A-27 (Devil's Garden Archery Buck Hunt). (A) Area: That portion of Modoc County within a line beginning at the intersection of the Malin Road (Modoc County 114) and the California/Oregon state line; east along the state line to the Crowder Flat Road; south along the Crowder Flat Road to the Blue Mountain Road (Modoc County 136); west on the Blue Mountain Road to the Blue Mountain-Mowitz Butte-Ambrose Road; south on the Blue Mountain-Mowitz Butte-Ambrose Road to Highway 139; north on Highway 139 to the Malin Road; north on the Malin Road to the point of beginning. (B) Season: The season for hunt A-27 (Devil's Garden Archery Buck Hunt) shall open on the fourth Saturday in October and extend for 16 consecutive days. (C) Bag and Possession Limit: One buck, forked horn (see subsection 351(a)) or better, per tag. (D) Number of Tags: 10. (25)A-30 (Covelo Archery Buck Hunt). (A) Area: That portion of Mendocino County within a line beginning at the intersection of Highway 101 and the Humbolt-Mendocino county line; east along the Humbolt-Mendocino county line to the Trinity-Mendocino county line; east along Trinity-Mendocino county line to the Mendocino-Tehama county line; south on the Mendocino-Tehama county line to the Mendocino-Glenn county line; south on the Mendocino-Glenn county line to the Mendocino-Lake county line; west and south on the Mendocino-Lake county line to the Main Eel River; west and north on the Main Eel River to the Hearst-Willits Road; southwest on the Hearst-Willits Road to Commercial Avenue; west on Commercial Avenue to Highway 101; north on Highway 101 to the point of beginning. (B) Season: The season for hunt A-30 (Covelo Archery Buck Hunt) shall open on the second Saturday in November and extend for sixteen consecutive days. (C) Bag and Possession Limit: One buck, forked horn (see subsection 351(a)) or better, per tag. (D) Number of Tags: 40. (26)A-31 (Los Angeles Archery Either-Sex Deer Hunt). (A) Area: That portion of Los Angeles County within Zone D-11 (see subsection 360(a)(10)(A)). (B) Season: The season for hunt A-31 (Los Angeles Archery Either-Sex Deer Hunt) shall open on the fourth Saturday in September and extend through December 31. (C) Bag and Possession Limit: One either-sex deer (see subsection 351(b)) per tag. (D) Number of Tags: 1,000. (27) A-32 (Ventura/Los Angeles Late Season Archery Either-Sex Deer Hunt). (A) Area: In those portions of Los Angeles and Ventura counties within the area described as the A Zone (see subsection 360(a)(1)(A)). (B) Season: The season for hunt A-32 (Ventura/Los Angeles Late Season Archery Either-Sex Deer Hunt) shall open on the second Saturday in November and extend for 23 consecutive days. (C) Bag and Possession Limit: One either-sex deer (see subsection 351(b)) per tag. (D) Number of Tags: 250. (c) Archery Hunting with Archery Only Tags. Deer may be taken only with archery equipment specified in Section 354, during the archery seasons and general seasons as follows: (1) Number of Archery Only Tags Permitted. A person may obtain an archery only tag using a one-deer tag application and a second archery only tag using a second deer tag application. (2) Zones in Which Archery Only Tags are Valid. An archery only tag is valid for hunt G-10, and during the archery season and general season in all zones except C-1 through C-4 and X-1 through X-12. (3) Areas: As described in subsections 360(a) and (c). (4) Seasons: The archery season and general seasons are provided in subsection 361(a) above and in subsections 360(a) and (c). (5) Bag and Possession Limit: All bag and possession limits per zone are the same as those described in subsections 360(a) and (c). (d) Hunting Area Limitations. Archers not in possession of an archery only tag may hunt only in the zone, zones, or areas for which they have a general tag or an area-specific archery tag. (Refer to subsection 361(c)(2) for zones in which archery only tags are valid). (e) Crossbow Prohibition. Except as provided in subsection 354(j), crossbows may not be used during any archery season or during the general season when using an archery only tag. Note: Authority cited: Sections 200, 202, 203, 220 and 4370, Fish and Game Code. Reference: Sections 200, 202, 203, 203.1, 207 and 4370, Fish and Game Code.Authority cited: Sections 200, 202, 203, 220 and 4370, Fish and Game Code. Reference: Sections 200, 202, 203, 203.1, 207 and 4370, Fish and Game Code. s 362. Nelson Bighorn Sheep. (a) Areas: (1) Zone 1 -Marble/Clipper Mountains: That portion of San Bernardino County beginning at the intersection of Kelbaker Road and the National Trails Highway; north on Kelbaker Road to the junction with Interstate Highway 40; east on Interstate Highway 40 to the intersection with National Trails Highway; southwest on National Trails Highway to junction with Kelbaker Road. (2) Zone 2 -Kelso Peak and Old Dad Mountains: That portion of San Bernardino County beginning at the intersection of Kelbaker Road and the Union Pacific Railroad in Kelso; southwest along the Union Pacific Railroad to intersection with unnamed road at Crucero; north on unnamed road to the junction with Rasor Road; northwest on Rasor Road to the junction with Interstate Highway 15; northeast on Interstate Highway 15 to the intersection with Cima Road; south on Cima Road to the intersection with the Union Pacific Railroad in Cima; southwest on the Union Pacific Railroad to the intersection with Kelbaker Road in Kelso. (3) Zone 3 -Clark and Kingston Mountain Ranges: That portion of San Bernardino and Inyo counties beginning at the intersection of Interstate Highway 15 and California State Highway 127 in Baker; north on California State Highway 127 to the junction with Old Spanish Gentry Road on Tecopa; southeast on Old Spanish Gentry Road to the junction with Furnace Creek Road; southeast on Furnace Creek Road to the junction with Mesquite Valley Road; north on Mesquite Valley Road to Old Spanish Trail Highway; north and east on Old Spanish Trail Highway to California/Nevada state line; southeast on California/Nevada state line to the intersection with Interstate Highway 15; southwest on Interstate Highway 15 to the junction with California State Highway 127. (4) Zone 4 -Orocopia Mountains: That portion of Riverside County beginning at the intersection of Interstate Highway 10 and Cottonwood Springs Road; east on Interstate Highway 10 to the junction with Red Cloud Mine Road; south on Red Cloud Mine Road to the junction with the Eagle Mountain Mining Railroad; southwest on the Eagle Mountain Mining Railroad to the junction with the Bradshaw Trail; southwest on the Bradshaw Trail to the Intersection with the Coachella Canal; west along the Coachella Canal to the junction with Box Canyon Road; northeast on Box Canyon Road to the junction with Cottonwood Springs Road; north on Cottonwood Springs Road to the intersection with Interstate Highway 10. (5) Zone 5 -San Gorgonio Wilderness: That portion of Riverside and San Bernardino counties beginning at the intersection of Interstate Highway 10 and California State Highway 62, west on Interstate Highway 10 to the junction with California State Highway 30; north on California State Highway 30 to the junction with California State Highway 38; east and north on California State Highway 38 to the junction with Forest Service Route 1N01; east on Forest Service Route 1N01 to its joining with Pipes Road; east on Pipes Road to the junction with Pioneertown Road; southeast on Pioneertown Road to the junction with California State Highway 62; southwest on California State Highway 62 to the intersection with Interstate Highway 10. (6) Zone 6 -Sheep Hole Mountains: That portion of San Bernardino County beginning at the junction of California State Highway 62 and Ironage Road; northwest on Ironage Road to the intersection with Amboy Road; north on Amboy Road to the intersection with National Trails Highway; east on National Trails Highway to the junction with Saltus Road; southeast on Saltus Road to the junction with unnamed road in Saltus that runs through Cadiz Valley; southeast on unnamed road to the intersection with California State Highway 62; west on California State Highway 62 to the junction with Ironage Road. (7) Zone 7 -White Mountains: That portion of Mono County within a line beginning at U.S. Highway 6 and the Mono-Inyo county line; northward on Highway 6 to the California-Nevada State Line; southeasterly along the California-Nevada State Line to the Mono-Inyo County Line; westward along the Mono-Inyo County Line to the point of beginning. (b) Seasons: (1) Fund-raising Hunts: The holder of the fund-raising license tag issued pursuant to subsection 4902(d) of the Fish and Game Code may hunt: (A) Zones 1 through 3, and 6: Beginning the first Saturday in November and extending through the first Sunday in February. (B) Zone 4: No hunting season for fund-raising tagholders in this zone. (C) Zone 5: Beginning the third Saturday in November and extending through the third Sunday in February. (D) Zone 7: Beginning the first Saturday in August and extending through the last Sunday in September. (2) Except as provided in subsection 362(b)(1), the Nelson bighorn sheep season in the areas described in subsection 362(a) shall be defined as follows: (A) Zones 1 through 4, and 6: The first Saturday in December and extend through the first Sunday in February. (B) Zone 5: The third Saturday in December and extend through the third Sunday in February. (C) Zone 7: Beginning the third Saturday in August and extending through the last Sunday in September. (3) Except as specifically provided in section 362, the take of bighorn sheep is prohibited. (c) Bag and possession Limit: One mature ram defined as follows: a male Nelson bighorn sheep (Ovis canadensis nelsoni) having at least one horn, the tip of which extends beyond a point in a straight line beginning at the front (anterior) edge of the horn base, and extending downward through the rear (posterior) edge of the visible portion of the eye and continuing downward through the horn. All reference points are based on viewing the ram directly from a 90 degree angle from which the head is facing. A diagram showing the correct viewing procedure shall be distributed by the department to each successful applicant. (d) Number of License Tags: Tag Allocation Nelson Bighorn Sheep Hunt Zones for 2006 Zone 1 - Marble/Clipper Mountains 4 Zone 2 - Kelso Peak/Old Dad Mountains 4 Zone 3 - Clark/Kingston Mountain Ranges 2 Zone 4 - Orocopia Mountains 0 Zone 5 - San Gorgonio Wilderness 1 Zone 6 - Sheep Hole Mountains 2 Zone 7 - White Mountains 3 Fund-Raising Tags 2 Total: 18 (e) Conditions: (1) Nelson bighorn rams shall only be taken between one-half hour before sunrise and one-half hour after sunset. (2) Only methods specified in sections 353 and 354, Title 14, CCR, for taking bighorn sheep may be used. (3) Each tagholder shall possess a spotting telescope capable of magnification of 15 power (15X), which is not affixed to a rifle, while hunting. (4) Successful general tagholders shall present the head and edible portion of the carcass of a bighorn ram to the department's checking station within 48 hours after killing the animal. All successful tagholders shall notify the department's Bishop office by telephone at (760) 872-1171 or (760) 240-1372 within 24 hours of killing the animal and arrange for the head and carcass to be examined. (5) All successful bighorn sheep tagholders shall make the horns of each ram available to the department to be permanently marked in the manner prescribed by the department for identification purposes within 48 hours of killing the animal. The purpose of the permanent marking shall be to identify Nelson bighorn rams which were legally taken and which may be transported and possessed outside the areas described in subsection 362(a). (6) The department reserves the right to take and use any part of the tagholder's bighorn ram, except the horns, for biological analysis as long as no more than one pound of edible meat is removed. Note: Authority cited: Sections 200, 202, 203, 220, 1050 and 4902, Fish and Game Code. Reference: Sections 200, 202, 203, 203.1, 207, 1050, 3950 and 4902, Fish and Game Code. s 363. Pronghorn Antelope. The Lava Beds National Monument and Federal and State Game Refuges lying within the hunt boundary are closed to pronghorn antelope hunting, except for the state's Hayden Hill (1S) and Blacks Mountain (1F) game refuges in Lassen County and the Clear Lake National Wildlife Refuge in Modoc County. Refer to subsection 363(b)(5) for special conditions for permission to enter and hunt pronghorn antelope in the Clear Lake National Wildlife Refuge. (a) Zone 1 -Mount Dome: (1) Area: That portion of Siskiyou County within a line beginning at the junction of Interstate 5 and the California-Oregon state line; east along the California-Oregon state line to the Ainsworth Corners-Lava Beds National Monument Road; south along the Ainsworth Corners-Lava Beds National Monument Road to the Mammoth Crater-Medicine Lake Road; southwest along the Mammoth Crater-Medicine Lake Road to the Medicine Lake-Telephone Flat Road; east and south along the Medicine Lake-Telephone Flat Road to the Telephone Flat-Bartle Road; southwest along the Telephone Flat-Bartle Road to Highway 89; west along Highway 89 to Interstate 5; north along Interstate 5 to the California-Oregon state line to the point of beginning. (2) Seasons: (A) The general season shall open on the Saturday following the third Wednesday in August and continue for nine consecutive days. (B) The archery only season shall open 14 days prior to the general season and continue for nine consecutive days. (3) Bag and Possession Limit: One pronghorn antelope in a license year. (4) Number of License Tags: (A) General Season: 8 buck tags and 0 doe tags. (B) Archery Only Season: 1 buck tags and 0 doe tags. (b) Zone 2 -Clear Lake: (1) Area: Those portions of Modoc and Siskiyou counties within a line beginning at the junction of the Lava Beds National Monument Road and the California-Oregon state line at Ainsworth Corners; east along the California-Oregon state line to the Crowder Flat Road; south along the Crowder Flat Road to Modoc County Road 73; south along Modoc County Road 73 to Modoc County Road 136; west along Modoc County Road 136 to the Blue Mountain-Mowitz Road; west and south along the Blue Mountain-Mowitz Road to the Deadhorse Flat-Badger Well Road; southwest along the Deadhorse Flat-Badger Well Road to the Badger Well-Browns Well Road; south along the Badger Well-Browns Well Road to the Sorholus Tank-Hackamore Road; southwest along the Sorholus Tank-Hackamore Road to Highway 139; southeast along Highway 139 to Modoc County Road 91; south along Modoc County Road 91 to the Mud Lake-Mud Springs Road; west along the Mud Lake-Mud Springs Road to the North Main Road; southwest along the North Main Road to the Long Bell-Iodine Prairie Road at Long Bell Forest Service Station; northwest along the Long Bell-Iodine Prairie Road to the Bartle-Telephone Flat Road; north along the Bartle-Telephone Flat Road to the Telephone Flat-Medicine Lake Road; north and west along the Telephone Flat-Medicine Lake Road to the Medicine Lake-Mammoth Crater Road; northeast along the Medicine Lake-Mammoth Crater Road to the Lava Beds National Monument-Ainsworth Corners Road; north along the Lava Beds National Monument-Ainsworth Corners Road to the California-Oregon state line to the point of beginning. (2) Seasons: (A) The general season shall open on the Saturday following the third Wednesday in August and continue for nine consecutive days. (B) The archery only season shall open 14 days prior to the general season and continue for nine consecutive days. (3) Bag and Possession Limit: One pronghorn antelope in a license year. (4) Number of License Tags: (A) General Season: 15 buck tags and 0 doe tags. (B) Archery Only Season: 1 buck tags and 0 doe tags. (5) Special Conditions: The special regulations regarding the Peninsula "U" portion of the Clear Lake National Wildlife Refuge are summarized as follows: (A) The area will be open on weekends and holidays only during the general season. (B) Permission to enter this area must be obtained at the gate entrance located on the Clear Lake Road. Hunters for this area will be selected by public drawing. Persons selected for pronghorn antelope tags for Zone 2 (Clear Lake) may apply for this drawing by submitting an application upon receipt of their license tag to the Department of Fish and Game, 601 Locust Street, Redding, CA 96001. Applicants may apply as a party of two. Applications shall consist of the following: a standard U.S. Postal Service postcard with the applicant's tag number, name, address, city, zip code, area code, telephone number, and the notation "Application for Pronghorn Antelope Hunt Access Permit, Clear Lake Peninsula." Applications must reach the Redding office before the close of the business day on the second Friday in August. Successful applicants will be notified. A two-party application will not be split. The specific number of hunters will be determined each year by the Department. No more than five hunters will be allowed on the area at any one time unless a party of two is drawn for the fifth place. If the fifth place is the first member of a party, then no more than six hunters will be allowed on the area at any time. (C) The gate entrance will be open from 6:00 a.m. to one hour after sunset. (D) The fence near the gate entrance constitutes the south boundary of the area. (E) The specific number of pronghorn antelope to be taken from this area is determined by the number of pronghorn antelope present. This area will be closed once this number is reached. (c) Zone 3 -Likely Tables: (1) Area: Those portions of Modoc and Lassen counties within a line beginning at the junction of the Crowder Flat Road and the California-Oregon state line; east along the California-Oregon state line to the crest of the Warner Mountains; south along the crest of the Warner Mountains to the Summit Trail at Pepperdine Camp; south along the Summit Trail to the South Warner Road near Patterson Forest Service Station; west along the South Warner Road to the Long Valley-Clarks Valley Road; south along the Long Valley-Clarks Valley Road to the Clarks Valley-Madeline Road; west along the Clarks Valley-Madeline Road to Highway 395 at the town of Madeline; north along Highway 395 to the Madeline-Adin Road; northwest along the Madeline-Adin Road to the Hunsinger Draw-Sweagert Flat Road; east and north along the Hunsinger Draw-Sweagert Flat Road to the Sweagert Flat-Hunters Ridge Road; north and west along the Sweagert Flat-Hunters Ridge Road to Highway 299 near Lower Rush Creek Recreation Site; north along Highway 299 to the Canby Bridge-Cottonwood Flat Road; northwest along the Canby Bridge-Cottonwood Flat Road to the Cottonwood Flat-Happy Camp Road; northwest along the Cottonwood Flat-Happy Camp Road to Modoc County Road 91; north along Modoc County Road 91 to Highway 139; north along Highway 139 to the Hackamore-Sorholus Tank Road; northeast along the Hackamore-Sorholus Tank Road to the Browns Well-Badger Well Road; north along the Browns Well-Badger Well Road to the Badger Well-Deadhorse Flat Road; northeast and east along the Badger Well-Deadhorse Flat Road to the Mowitz-Blue Mountain Road; north and east along the Mowitz-Blue Mountain Road to Modoc County Road 136; east along Modoc County Road 136 to Modoc County Road 73; north along Modoc County Road 73 to the Crowder Flat Road; north along the Crowder Flat Road to the California-Oregon state line, to the point of beginning. (2) Seasons: (A) Period One of the general season shall open on the Saturday following the third Wednesday in August and continue for nine consecutive days. Period Two of the general season shall open on the first Saturday in September and continue for nine consecutive days. (B) The archery only season shall open 14 days prior to the earliest general season and continue for nine consecutive days. (3) Bag and Possession Limit: One pronghorn antelope in a license year. (4) Number of License Tags: (A) General Season: Period One: 50 buck tags and 0 doe tags. Period Two: 50 buck tags and 0 doe tags. (B) Archery Only Season: 11 buck tags and 0 doe tags. (d) Zone 4 -Lassen: (1) Area: Those portions of Lassen, Plumas and Shasta counties within a line beginning at the junction of Highway 36 and the Juniper Lake Road in the town of Chester; north along the Juniper Lake Road to the Lassen National Park boundary; north and west along the Lassen National Park boundary to Highway 89; north along Highway 89 to U.S. Forest Service Road 22 near the Hat Creek Ranger Station; east along U.S. Forest Service Road 22 to U.S. Forest Service Road 35N06; east and north along U.S. Forest Service Road 35N06 to the State Game Refuge 1S boundary; northwest along the State Game Refuge 1S boundary to the Coyote Canyon-Dixie Valley Road; northwest along the Coyote Canyon-Dixie Valley Road to the Dixie Valley-Boyd Hill Road; northwest along the Dixie Valley-Boyd Hill Road to the Snag Hill-Hayden Hill Road; northeast and north along the Snag Hill-Hayden Hill Road to Highway 139; southeast on Highway 139 to the Willow Creek-Hunsinger Flat Road; northeast and northwest along the Willow Creek-Hunsinger Flat Road to the Adin-Madeline Road; southeast along the Adin-Madeline Road to Highway 395 at the town of Madeline; south along Highway 395 to the Madeline-Clarks Valley Road; east along the Madeline-Clarks Valley Road to the Clarks Valley-Tuledad Road; east and southeast along the Clarks Valley-Tuledad Road to the California-Nevada state line; south along the California-Nevada state line to the Lassen-Sierra county line; west along the Lassen-Sierra county line to the Lassen-Plumas county line; north and west along the Lassen-Plumas county line to Highway 36; west along Highway 36 to the Juniper Lake Road, to the point of beginning. (2) Seasons: (A) Period One of the general season shall open on the Saturday following the third Wednesday in August and continue for nine consecutive days. Period Two of the general season shall open on the first Saturday in September and continue for nine consecutive days. (B) The archery only season shall open 14 days prior to the earliest general season and continue for nine consecutive days. (3) Bag and Possession Limit: One pronghorn antelope in a license year. (4) Number of License Tags: (A) General Season: Period One: 45 buck tags and 0 doe tags. Period Two: 45 buck tags and 0 doe tags. (B) Archery Only Season: 10 buck tags and 0 doe tags. (e) Zone 5 -Big Valley: (1) Area: Those portions of Modoc, Lassen, Shasta and Siskiyou counties within a line beginning at the intersection of Highways 299 and 89; north and northwest along Highway 89 to the Bartle-Telephone Flat Road; northeast along the Bartle-Telephone Flat Road to the Iodine Prairie-Long Bell Road; southeast along the Iodine Prairie-Long Bell Road to the North Main Road at Long Bell Forest Service Station; northeast along the North Main Road and the Mud Springs-Mud Lake Road to Modoc County Road 91; south along Modoc County Road 91 to the Happy Camp-Cottonwood Flat Road; southeast along the Happy Camp-Cottonwood Flat Road to the Cottonwood Flat-Canby Bridge Road; southeast along the Cottonwood Flat-Canby Bridge Road to Highway 299; south along Highway 299 to the Hunters Ridge-Sweagert Flat Road near Lower Rush Creek Recreation Site; east and south along the Hunters Ridge-Sweagert Flat Road to the Sweagert Flat-Hunsinger Draw Road; south and west along the Sweagert Flat-Hunsinger Draw Road to the Adin-Madeline Road; southeast along the Adin-Madeline Road to the Hunsinger Flat-Willow Creek Road; southeast and southwest along the Hunsinger Flat-Willow Creek Road to Highway 139; northwest along Highway 139 to the Hayden Hill-Snag Hill Road; south and southwest along the Hayden Hill-Snag Hill Road to the Boyd Hill-Dixie Valley Road; southeast along the Boyd Hill-Dixie Valley Road to the Dixie Valley-Coyote Canyon Road; southeast along the Dixie Valley-Coyote Canyon Road to the State Game Refuge 1S boundary; southeast along the State Game Refuge 1S boundary to U.S. Forest Service Road 35N06; south and west along U.S. Forest Service Road 35N06 to U.S. Forest Service Road 22; west along U.S. Forest Service Road 22 to Highway 89 near the Hat Creek Ranger Station; north along Highway 89 to Highway 299, to the point of beginning. (2) Seasons: (A) The general season shall open on the Saturday following the third Wednesday in August and continue for nine consecutive days. (B) The archery only season shall open 14 days prior to the earliest general season and continue for nine consecutive days. (3) Bag and Possession Limit: One pronghorn antelope in a license year. (4) Number of License Tags: (A) General Season: 3 buck tags and 0 doe tags. (B) Archery Only Season: 1 buck tags and 0 doe tags. (f) Zone 6 -Surprise Valley: (1) Area: Those portions of Modoc and Lassen counties within a line beginning at the intersection of the crest of the Warner Mountains and the California-Oregon state line; east along the California-Oregon state line to the California-Nevada state line; south along the California-Nevada state line to the Tuledad-Clarks Valley Road; west and northwest along the Tuledad-Clarks Valley Road to the Clarks Valley-Long Valley Road; north on the Clarks Valley-Long Valley Road to the South Warner Road; east along the South Warner Road to the Summit Trail near Patterson Guard Station; north along the Summit Trail to the crest of the Warner Mountains at Pepperdine Camp; north along the crest of the Warner Mountains to the California-Oregon state line to the point of beginning. (2) Seasons: (A) The general season shall open on the Saturday following the third Wednesday in August and continue for nine consecutive days. (B) The archery only season shall open 14 days prior to the general season and continue for nine consecutive days. (3) Bag and Possession Limit: One pronghorn antelope in a license year. (4) Number of License Tags: (A) General Season: 10 buck tags and 0 doe tags. (B) Archery Only Season: 1 buck tags. (g) Big Valley Junior Pronghorn Antelope Hunt: (1) Area: Those portions of Modoc, Lassen, Shasta and Siskiyou counties within a line beginning at the intersection of Highway 299 and 89; north and northwest along Highway 89 to the Bartle-Telephone Flat Road; northeast along the Bartle-Telephone Flat Road to the Iodine Prairie-Long Bell Road; southeast along the Iodine Prairie-Long Bell Road to the North Main Road at Long Bell Forest Service Station; northeast along the North Main Road and the Mud Springs-Mud Lake Road to Modoc County Road 91; south along Modoc County Road 91 to the Happy Camp-Cottonwood Flat Road; southeast along the Happy Camp-Cottonwood Flat Road to the Cottonwood Flat-Canby Bridge Road; southeast along the Cottonwood Flat-Canby Bridge Road to Highway 299; south along Highway 299 to the Hunters Ridge-Sweagert Flat Road near Lower Rush Creek Recreation Site; east and south along the Hunters Ridge-Sweagert Flat Road to the Sweagert Flat-Hunsinger Draw Road; south and west along the Sweagert Flat-Hunsinger Draw Road to the Adin-Madeline Road; southeast along the Adin-Madeline Road to the Hunsinger Flat-Willow Creek Road; southeast and southwest along the Hunsinger Flat-Willow Creek Road to Highway 139; northwest along Highway 139 to the Hayden Hill-Snag Hill Road; south and southwest along the Hayden Hill-Snag Hill Road to the Boyd Hill-Dixie Valley Road; southeast along the Boyd Hill-Dixie Valley Road to the Dixie Valley-Coyote Canyon Road; southeast along the Dixie Valley-Coyote Canyon Road to the State Game Refuge 1S boundary; southeast along the State Game Refuge 1S boundary to U.S. Forest Service Road 35N06; south and west along U.S. Forest Service Road 35N06 to U.S. Forest Service Road 22; west along U.S. Forest Service Road 22 to Highway 89 near the Hat Creek Ranger Station; north along Highway 89 to Highway 299, to the point of beginning. (2) Season: The season shall open on the Saturday following the third Wednesday in August and continue for nine consecutive days. (3) Bag and Possession Limit: One pronghorn antelope in a license year. (4) Number of License Tags: 1 either-sex tags. (5) Special Conditions: Tagholders wishing to hunt the Ash Creek Wildlife Area may contact Ash Creek Wildlife Area by telephone at (530) 294-5824, and shall attend an orientation meeting before hunting. Only persons possessing valid junior hunting licenses and junior hunt license tags may hunt during the junior pronghorn antelope hunt season in the Ash Creek Wildlife Area. Tagholders shall be accompanied by a nonhunting, licensed adult chaperon 18 years of age or older while hunting. (h) Lassen Junior Pronghorn Antelope Hunt: (1) Area: Those portions of Lassen, Plumas and Shasta counties within a line beginning at the junction of Highway 36 and the Juniper Lake Road in the town of Chester; north along the Juniper Lake Road to the Lassen National Park boundary; north and west along the Lassen National Park boundary to Highway 89; north along Highway 89 to U.S. Forest Service Road 22 near the Hat Creek Ranger Station; east along U.S. Forest Service Road 22 to U.S. Forest Service Road 35N06; east and north along U.S. Forest Service Road 35N06 to the State Game Refuge 1S boundary; northwest along the State Game Refuge 1S boundary to the Coyote Canyon-Dixie Valley Road; northwest along the Coyote Canyon-Dixie Valley Road to the Dixie Valley-Boyd Hill Road; northwest along the Dixie Valley-Boyd Hill Road to the Snag Hill-Hayden Hill Road; northeast and north along the Snag Hill-Hayden Hill Road to Highway 139; southeast on Highway 139 to the Willow Creek-Hunsinger Flat Road; northeast and northwest along the Willow Creek-Hunsinger Flat Road to the Adin-Madeline Road; southeast along the Adin-Madeline Road to Highway 395 at the town of Madeline; south along Highway 395 to the Madeline-Clarks Valley Road; east along the Madeline-Clarks Valley Road to the Clarks Valley-Tuledad Road; east and southeast along the Clarks Valley-Tuledad Road to the California-Nevada state line; south along the California-Nevada state line to the Lassen-Sierra county line; west along the Lassen-Sierra county line to the Lassen-Plumas county line; north and west along the Lassen-Plumas county line to Highway 36, west along Highway 36 to the Juniper Lake Road, to the point of beginning. (2) Season: The season shall open on the Saturday following the third Wednesday in August and continue for nine consecutive days. (3) Bag and Possession Limit: One pronghorn antelope in a license year. (4) Number of License Tags: 5 either-sex tags. (5) Special Conditions: The Fleming and Dakin units of Honey Lake Wildlife Area shall only be open to hunting on Saturdays and Sundays during the season. Tagholders wishing to hunt these units may contact Honey Lake Wildlife Area by telephone at (530) 254-6644, and shall attend an orientation meeting before hunting. Only persons possessing valid junior hunting licenses and junior hunt license tags may hunt during the junior pronghorn antelope hunt season within the Fleming and Dakin units of Honey Wildlife Area. Tagholders shall be accompanied by a nonhunting, licensed adult chaperon 18 years of age or older while hunting. (i) Surprise Valley Junior Pronghorn Antelope Hunt: (1) Area: Those portions of Modoc and Lassen counties within a line beginning at the intersection of the crest of the Warner Mountains and the California-Oregon state line; east along the California-Oregon state line to the California-Nevada state line; south along the California-Nevada state line to the Tuledad-Clarks Valley Road; west and northwest along the Tuledad-Clarks Valley Road to the Clarks Valley-Long Valley Road; north on the Clarks Valley-Long Valley Road to the South Warner Road; east along the South Warner Road to the Summit Trail near Patterson Guard Station; north along the Summit Trail to the crest of the Warner Mountains at Pepperdine Camp; north along the crest of the Warner Mountains to the California-Oregon state line to the point of beginning. (2) Season: The season shall open on the Saturday following the third Wednesday in August and continue for nine consecutive days. (3) Bag and Possession Limit: One pronghorn antelope in a license year. (4) Number of License Tags: 4 either-sex tags. (5) Special Conditions: Tagholders must possess valid junior hunting licenses and junior hunt license tags. Tagholders shall be accompanied by a nonhunting, licensed adult chaperon 18 years of age or older while hunting. (j) Fund-raising Hunt: (1) Area: Those portions of Lassen, Modoc, Plumas, Shasta, and Siskiyou counties described as zones 1 through 6 in subsections 363(a) through (f). (2) Season: The season for the Fund-Raising Hunt shall open on the Saturday before the first Wednesday in August and continue for 51 consecutive days. (3) Bag and Possession Limit: One pronghorn antelope in a license year. (4) Number of License Tags: 2 buck tags. (k) Conditions: (1) Pronghorn antelope license tags do not give the tagholders the right of entry onto privately-owned lands. (2) Buck pronghorn antelope are defined as pronghorn antelope with horns longer than the ears. Doe pronghorn antelope are defined as pronghorn antelope with horns shorter than the ears. Either-sex pronghorn antelope are defined as buck or doe pronghorn antelope. (3) Shooting time shall be from one-half hour before sunrise to one-half hour after sunset. (4) Method of take: (A) The holder of any archery-only pronghorn antelope license tag may only take pronghorn antelope using archery equipment, as defined in Section 354 of these regulations. (B) The holder of a general season, fund-raising hunt season, or junior hunt season license tag may take pronghorn antelope using legal firearms and archery equipment as described in sections 353 and 354 of these regulations. (5) Any person taking any pronghorn antelope shall retain that portion of the head, which bears the horns during the open season and for 15 days thereafter, and shall produce it upon the demand of any officer authorized to enforce the provisions of these regulations. (6) No person shall at any time capture or destroy any pronghorn antelope and detach or remove from the carcass only the head, hide or horns; nor shall any person at any time leave through carelessness or neglect any pronghorn antelope which is in his possession or any portion of the flesh thereof usually eaten by humans, to go needlessly to waste. (7) Prior to the acceptance or issuance of a pronghorn antelope license tag, all tagholders shall consent in writing to the terms and conditions set forth on the license tag. (l) Pronghorn Antelope Tag Allocations Table. 2006 Pronghorn Antelope Tag Quotas Hunt Area Archery-Only General Season Season Period 1 Period 2 Buck Doe Buck Doe Buck Doe Zone 1 - Mount Dome 1 0 8 0 0 0 Zone 2 - Clear Lake 1 0 15 0 0 0 Zone 3 - Likely Tables 11 0 50 0 50 0 Zone 4 - Lassen 10 0 45 0 45 0 Zone 5 - Big Valley 1 0 3 0 0 0 Zone 6 - Surprise Valley 1 0 10 0 0 0 Big Valley Junior Hunt N/A 1 Either-Sex 0 Lassen Junior Hunt N/A 5 Either-Sex 0 Surprise Valley Junior N/A 4 Either-Sex 0 Fund-Raising Hunt N/A 2 Buck Note: Authority cited: Sections 219, 220, 331, 1050 and 10502, Fish and Game Code. Reference: Sections 331, 713, 1050, 10500 and 10502, Fish and Game Code. s 364. Elk. (a) Siskiyou Roosevelt Elk Hunt: (1) Area: In that portion of Siskiyou County beginning at the junction of Interstate Highway 5 with the California-Oregon state line; east along the state line to Hill Road at Ainsworth Corner; south along Hill Road to Lava Beds National Monument Road; south along Lava Beds National Monument Road to USDA Forest Service Road 49; south along USDA Forest Service Road 49 to USDA Forest Service Road 77; west along USDA Forest Service Road 77 to USDA Forest Service Road 15 (Harris Spring Road); south along USDA Forest Service Road 15 to USDA Forest Service Road 13 (Pilgrim Creek Road); southwest along USDA Forest Service Road 13 to Highway 89; northwest along Highway 89 to Interstate Highway 5; north along Interstate Highway 5 to the point of beginning. (2) Season: The season shall open on Wednesday preceding the second Saturday in September and continue for 12 consecutive days. (3) Bag and Possession Limit: 1 elk per season. (4) Number of License Tags: 15 either-sex tags and 15 antlerless tags. (b) Northeastern California Rocky Mountain Elk Hunt: (1)Area: Those portions of Siskiyou, Modoc, Lassen, and Shasta counties within a line beginning in Siskiyou County at the junction of the California-Oregon state line and Hill Road at Ainsworth Corner; east along the California-Oregon state line to the California-Nevada state line; south along the California-Nevada state line to the Tuledad-Red Rock-Clarks Valley Road (Lassen County Roads 506, 512 and 510); west along the Tuledad-Red Rock-Clarks Valley Road to Highway 395 at Madeline; west on USDA Forest Service Road 39N08 to Adin; west on Highway 299 to Interstate 5; north on Interstate 5 to Highway 89; southeast along Highway 89 to USDA Forest Service Road 13 (Pilgrim Creek Road); northeast along USDA Forest Service Road 13 to USDA Forest Service Road 15 (Harris Spring Road); north along USDA Forest Service Road to USDA Forest Service Road 77; east along USDA Forest Service Road 77 to USDA Forest Service Road 49; north along USDA Forest Service Road 49 to Lava Beds National Monument Road; north along Lava Beds National Monument Road to Hill Road; north along Hill Road to the point of beginning. (2) Season: (A) The General Season and Junior Hunt shall open on the Wednesday preceding the third Saturday in September and continue for 12 consecutive days. (B) The Archery Only Season shall open on the Wednesday preceding the first Saturday in September and continue for 12 consecutive days. (3) Bag and Possession Limit: 1 elk per season. (4) Number of License Tags: (A) General Season: 10 either-sex tags. (B) Archery Only Season: 5 either-sex tags. (C) Junior Hunt: 2 either-sex tags. (5) Special Conditions: Elk may be taken during the Northeastern California Rocky Mountain Elk Hunt, Archery Only Season, with Archery Equipment only as specified in Section 354. (c) Del Norte Roosevelt Elk Hunt: (1) Area: Those portions of Del Norte County owned or leased by the Green Diamond Resource Company within a line beginning at the intersection of Highway 101 and the California-Oregon state line; south along Highway 101 to North Bank Road; southeast along North Bank Road to High Divide Road; northeast along High Divide Road to North Fork Smith River/Wimer Road; north along North Fork Smith River/Wimer Road to the California Oregon state line; west along the California-Oregon state line to the point of beginning. (2) Season: The season shall open on the last Wednesday in August and continue for 10 consecutive days. (3) Bag and Possession Limit: 1 elk per season. (4) Number of License Tags: 10 bull tags and 5 antlerless tags. (5) Special Conditions: All tagholders will be required to attend a mandatory orientation. Tagholders will be notified of the time and location of the orientation meeting upon receipt of their elk license tags. (d) Marble Mountains Roosevelt Elk Hunt (1) Area: In those portions ofHumboldt, Trinity, Shasta andSiskiyou counties beginning at the intersection of Interstate Highway 5 and the California-Oregon state line; west along the state line to the Del Norte County line; south along the Del Norte County line to the intersection of the Siskiyou-Humboldt county lines; east along the Siskiyou-Humboldt county lines toHighway 96; south along Highway 96 to Highway 299; east along Highway 299 to Interstate Highway 5; north on Interstate Highway 5 to the point of beginning. (2) Season: The season for the General and Junior hunts shall open on the Wednesday preceding the second Saturday in September and continue for 12 consecutive days. (3) Bag and Possession Limit: 1 elk per season. (4) Number of License Tags: (A) General Hunt: 38 either-sex tags. (B) Junior Hunt: 2 either-sex tags. (e) Klamath Roosevelt Elk Hunt: (1) Area: Those portions of Humboldt and Del Norte counties owned or leased by the Green Diamond Resource Company within a line beginning at the intersection of Highway 101 and the Klamath River; south on Highway 101 to South Klamath Beach Road; west on South Klamath Beach Road to the Redwood National Park boundary; southwest and south along the Redwood National Park boundary to Highway 101; south on Highway 101 to the Redwood National Park boundary; southeast along the Redwood National Park boundary to the Bald Hills Road; southeast along the Bald Hills Road to the Klamath River; northwest along the Klamath River to the point of beginning. (2) Season: The season shall open on the first Wednesday in September and continue for 10 consecutive days. (3) Bag and Possession Limit: 1 elk per season. (4) Number of License Tags:10 bull tags and 10 antlerless tags. (5) Special Conditions: All tagholders will be required to attend a mandatory orientation. Tagholders will be notified of the time and location of the orientation meeting upon receipt of their elk license tags. (f) Big Lagoon Roosevelt Elk Hunt: (1) Area: In that portion of Humboldt County owned or leased by the Simpson Timber Company and the Green Diamond Resource Company within a line beginning at the intersection of Highway 101 and Hiltons Road; south on Hiltons Road to the western boundary of Redwood National Park; south and east along the western to its southern tip;north and east along the eastern boundary of Redwood National Park to Redwood Creek; south along Redwood Creek to Highway 299; west along Highway 299 to Highway 101; north along Highway 101 to point of beginning. (2) Season: The season shall open the last Wednesday in August and continue for 10 consecutive days. (3) Bag and Possession Limit: 1 elk per season. (4) Number of License Tags:6 bull tags and 6 antlerless tags. (5) Special Conditions: All tagholders will be required to attend a mandatory orientation. Tagholders will be notified of the time and location of the orientation meeting upon receipt of their elk license tags. (g) Owens Valley Tule Elk Hunt: (1) Area: (A) Bishop Zone: In that portion of Inyo County beginning at the junction of Highway 395 and Highway 6 in the town of Bishop; north and east along Highway 6 to the junction of Silver Canyon Road; east along Silver Canyon Road to the White Mountain Road (Forest Service Road 4S01); south along the White Mountain Road to Highway 168 at Westgard Pass; south and west along Highway 168 to the junction of Highway 395; north on Highway 395 to the point of beginning. (B) Lone Pine Zone: In that portion of Inyo County beginning at the junction of Highway 395 and Mazourka Canyon Road; east and then north on Mazourka Canyon Road to the Inyo National Forest Boundary at the junction of the southern boundary of Township 12S and the northern boundary of Township 13S; east along the southern boundary of Township 12S to Saline Valley Road; south on Saline Valley Road to Highway 190; north and then southwest on Highway 190 to the junction of Highway 395 at Olancha; north on Highway 395 to the point of beginning. (C) Independence Zone: In that portion of Inyo County beginning at the junction of Highway 395 and Aberdeen Station Road; east on Aberdeen Station Road to its terminus at the southern boundary of Section 5, Township 11S, Range 35E; east along the southern boundary of sections 5, 4, 3, and 2, Township 11S, Range 35E to the Papoose Flat Road at Papoose Flat; south and east on Papoose Flat Road to Mazourka Canyon Road; south and then west on Mazourka Canyon Road to Highway 395; north on Highway 395 to the point of beginning. (D) Tinemaha Zone: In that portion of Inyo County beginning at the junction of Highway 395 and Highway 168 in the town of Big Pine; north and east along Highway 168 to the junction of the Death Valley Road; south and east along the Death Valley Road to the junction of the Papoose Flat Road; south along the Papoose Flat Road to the southern boundary of Section 2, Township 11S, Range 35E; west along the southern boundaries of sections 2, 3, 4 and 5 to the terminus of the Aberdeen Station Road in Section 5, Township 11S, Range 35E; south and west along the Aberdeen Station Road to Highway 395; north along Highway 395 to the point of beginning. (E) West Tinemaha Zone: In that portion of Inyo County beginning at the junction of Highway 395 and Highway 168 in the town of Big Pine; south along Highway 395 to Taboose Creek in Section 14, Township 11S, Range 34E; west along Taboose Creek to the Inyo County line; north and west along the Inyo County line to the southeast corner of Section 23, Township 10S, Range 32E; north along the eastern boundaries of sections 23, 14, 11, 2, Township 10S, Range 32E, and the eastern boundary of Section 35, Township 9S, Range 32E to Glacier Lodge Road; east along Glacier Lodge Road to Crocker Avenue; east along Crocker Avenue to Highway 395; north along Highway 395 to the point of beginning. (F) The Owens Valley fund-raising license tag shall be valid in any zone described in subsections 364(g)(1)(A), (B), (C), (D) and (E). (G) The Owens Valley archery only license tags shall be valid in any zone described in subsections 364(g)(1)(A), (B), (C), (D) and (E). (H) The Tinemaha and West Tinemaha Archery Only license tags shall be valid in both the Tinemaha and West Tinemaha zones described in subsections 364(g)(1)(D) and (E). (2) Seasons: (A) For Period One, the season for the Bishop, Lone Pine, Independence, Tinemaha, and West Tinemaha zones shall open on the first Saturday in November and extend for 9 consecutive days. (B) For Period Two, the season for the Bishop, Lone Pine, Independence, Tinemaha, and West Tinemaha zones shall open on the third Saturday in November and extend for 9 consecutive days. (C) For Period Three, the season for the Bishop, Lone Pine, Independence, Tinemaha, and West Tinemaha zones shall open on the first Saturday in December and extend for 9 consecutive days. (D) The Owens Valley Archery Only Season shall open on the second Saturday in August and extend for 9 consecutive days. (E) Fund-raising Hunt: The Owens Valley Fund-raising Hunt shall open on the last Saturday in July and extend for 30 consecutive days. (3) Bag and Possession Limit: 1 elk per season. (4) Number of Tags: (A) Period One: Bishop Zone - 1 bull tag. Lone Pine Zone - 2 bull tags and 4 antlerless tags. Independence Zone - 0 bull tag. Tinemahaand West Tinemaha zones - 2 bull tags and 2 antlerless tags. (B) Period Two: Lone Pine Zone - 2 bull tags and 4 antlerless tags. Tinemahaand West Tinemaha zones - 2 bull tags and 2 antlerless tags. (C) Period Three: Tinemaha and West Tinemaha zones - 2 bull tags and 2 antlerless tags. (D) Archery Only Season: 5 either-sex tags. (E) Fund-raising Hunt: 1 bull tag. (5) Special Conditions: (A) All tagholders will be required to attend a mandatory orientation. Tagholders will be notified of the time and location of the orientation meeting upon receipt of their elk license tags. (B) Elk may be taken during the Owens Valley Tule Elk Hunt, Archery Only Season with Archery Equipment only as specified in Section 354. (C) Elk may be taken within the Tinemaha and West Tinemaha zones using Archery Equipment only, as specified in Section 354. (h) Cache Creek Tule Elk Hunt: (1) Area: Those portions of Lake, Colusa and Yolo counties within the following line: beginning at the junction of Highway 20 and Highway 16; south on Highway 16 to Reiff-Rayhouse Road; west on Reiff-Rayhouse Road to Morgan Valley Road; west on Morgan Valley Road to Highway 53; north on Highway 53 to Highway 20; east on Highway 20 to the fork of Cache Creek; north on the north fork of Cache Creek to Indian Valley Reservoir; east on the south shore of Indian Valley Reservoir to Walker Ridge-Indian Valley Reservoir Access Road; east on Walker Ridge-Indian Valley Reservoir Access Road to Walker Ridge Road; south on Walker Ridge Road to Highway 20; east on Highway 20 to the point of beginning. (2) Season: (A) The season for bull elk shall open on the second Saturday in October and continue for 16 consecutive days. (B) The season for antlerless elk shall open on the third Saturday in October and continue for 16 consecutive days. (3) Bag and Possession Limit: 1 elk per season. (4) Number of Tags: 2 bull tags and 2 antlerless tags. (5) Special Conditions: All tagholders will be required to attend a mandatory orientation. Tagholders will be notified of the time and location of the orientation meeting upon receipt of their elk license tags. (i) Grizzly Island Tule Elk Hunt: (1) Area: Those lands owned and managed by the department as the Grizzly Island Wildlife Area. (2) Seasons: (A) For Period One, the season for antlerless elk shall open on the Tuesday after the second Saturday in August and continue for 4 consecutive days, whereas the season for bulls and spike bulls shall open on the Thursday after the second Saturday in August and continue for 4 consecutive days. (B) For Period Two, the season for antlerless elk shall open on the Tuesday after the third Saturday in August and continue for 4 consecutive days, whereas season for bulls and spike bulls shall open on the Thursday after the third Saturday in August and continue for 4 consecutive days. (C) For Period Three, the season for antlerless elk shall open on the Tuesday after the fourth Saturday in August and continue for 4 consecutive days, whereas the season for bulls and spike bulls shall open on the Thursday after the first Monday in September and continue for 4 consecutive days. (D) For Period Four, the season for antlerless elk shall open on the second Tuesday in September and continue for 4 consecutive days. (E) For Period Five, the season for antlerless elk shall open on the third Tuesday in September and continue for 4 consecutive days. (F) The season for the Fund-raising Hunt shall open on the first Saturday in August and continue for 30 consecutive days, with advance reservations required by contacting the Grizzly Island Wildlife Area by telephone at (707) 425-3828. (3) Bag and Possession Limit: 1 elk per season. (4) Number of Tags: (A) Period One: 2 spike bull tags, and 5 antlerless tags. 1. Period One Junior Hunt: 1 spike bull tags, and 1 antlerless tag. (B) Period Two: 1 bull tag, 2 spike bull tags, and 6 antlerless tags. 1. Period Two Junior Hunt: 1 spike bull tag. (C) Period Three: 1 bull tag, 2 spike bull tags, and 6 antlerless tags. (D) Period Four: 5 antlerless tags. (E) Period Five: 5 antlerless tags. (F) Fund-raising Hunt: 2 bull tags. (5) Special Conditions: All tagholders will be required to attend a mandatory orientation. Tagholders will be notified of the time and location of the orientation meeting upon receipt of their elk license tags. (j) La Panza Tule Elk Hunt: (1) Area: In those portions of San Luis Obispo, Kern, Monterey, Kings, Fresno and Santa Barbara counties within a line beginning in Monterey County at the junction of Highway 101 and Highway 198; south along Highway 101 to Highway 166 in San Luis Obispo County; east along Highway 166 to Highway 33 at Maricopa in Kern County; north and west along Highway 33 to Highway 198 at Coalinga in Fresno County; west on Highway 198 to the point of beginning. (2) Seasons: (A) For Period One the season shall open on the second Saturday in October and extend for 23 consecutive days. (B) For Period Two the season shall open on the second Saturday in November and extend for 23 consecutive days. (3) Bag and Possession Limit: 1 elk per season. (4) Number of Tags: (A) Period One: 5 bull tags and 6 antlerless tags. 1. Period One Junior Hunt: 1 bull tag tag. (B) Period Two: 6 bull tags and 6 antlerless tags. (5) Special Conditions: All tagholders will be required to attend a mandatory orientation. Tagholders will be notified of the time and location of the orientation meeting upon receipt of their elk license tags. (k) Fort Hunter Liggett Tule Elk Hunt: (1) Area: That portion of Monterey County lying within the exterior boundaries of Fort Hunter Liggett, except as restricted by the Commanding Officer. (2) Seasons: Due to military operations, season dates for the following periods are subject to further restriction, or may be rescheduled between November 1 and December 31 by the Commanding Officer. (A) For Period One, the season shall open on the fourth Wednesday in November and continue for 5 consecutive days. (B) For Period Two, the season shall open on the Wednesday after the second Saturday in December and continue for 5 consecutive days. (C) For Period Three, the season shall open on the last Wednesday in December and continue for 5 consecutive days. (D) Archery Only Season shall be open on Saturdays, Sundays and the Labor Day Holiday, beginning September 1 and until September 30. (3) Bag and Possession Limit: 1 elk per person. (4) Number of Tags: (A) Period One: 15 antlerless tags (8 military and 7 general public). 1. Period One Junior Hunt: 1 antlerless tags (general public tags only). (B) Period Two: 14 antlerless tags (7 military and 7 general public). (C) Period Three: 12 bull tags (7 military and 5 general public). 1. Period Three Junior Hunt: 2 bull tags (general public tags only). (D) Archery Only Season: 6 either-sex tags and 10 antlerless tags (3 either-sex tags military, 3 either-sex tags general public, 5 antlerless tags military and 5 antlerless tags general public). (5) Special Conditions: (A) All tagholders will be required to attend a mandatory hunter orientation. Tagholders will be notified of the time and location of the orientation meeting upon receipt of their elk license tags. (B) Tagholders shall be required to purchase an annual hunting pass available from Fort Hunter Liggett. (C) Season dates and hunt areas are subject to restriction by the Commanding Officer of Fort Hunter Liggett based on military training. (D) Elk may be taken during the Fort Hunter Liggett Tule Elk Hunt, Archery Only Season, with Archery Equipment only as specified in Section 354. (l) East Park Reservoir Tule Elk Hunt: (1) Area: in those portions of Glenn and Colusa counties within a line beginning in Glenn County at the junction of Interstate Highway 5 and Highway 162 at Willows; west along Highway 162 (Highway 162 becomes Alder Springs Road) to the Glenn-Mendocino County line; south along the Glenn-Mendocino County line to the Glenn-Lake County line; east and then south along the Glenn-Lake County line to the Colusa-Lake County line; west, and then southeast along the Colusa-Lake County line to Goat Mountain Road; north and east along Goat Mountain Road to the Lodoga-Stonyford Road; east along the Lodoga-Stonyford Road to the Sites-Lodoga Road at Lodoga; east along the Sites-Lodoga Road to the Maxwell-Sites Road at Sites; east along the Maxwell-Sites Road to Interstate Highway 5 at Maxwell; north along Interstate Highway 5 to the point of beginning. (2) Seasons: (A) For Period One, the season shall open the second Monday in September and continue for 4 consecutive days. (B) For Period Two, the season shall open on the third Monday in September and continue for 4 consecutive days. (C) For Period Three, the season shall open on the fourth Monday in September and continue for 4 consecutive days. (3) Bag and Possession Limit: 1 elk per season. (4) Number of Tags: (A) Period One: 1 bull tag. (B) Period Two: 1 bull tag. (C) Period Three: 2 antlerless tags. (5) Special Conditions: (A) All tagholders will be required to attend a mandatory orientation. Tagholders will be notified of the time and location of the orientation meeting upon receipt of their elk license tags. (B) Access to private land may be restricted or require payment of an access fee. (C) A Colusa County ordinance prohibits firearms on land administered by the USDI Bureau of Reclamation in the vicinity of East Park Reservoir. A variance has been requested to allow use of muzzleloaders (as defined in Section 353) on Bureau of Reclamation land within the hunt zone. (m) Definitions: (1) Bull elk: Any elk with at least one antler which is exposed and visible above the hair line. (2) Spike bull: A bull elk having no more than one point on each antler. An antler point is a projection of the antler at least one inch long and longer than the width of its base. (3) Antlerless elk: Any elk, with the exception of spotted calves, lacking antlers which are exposed above the hair line. (4) Either-sex elk: For the purposes of these regulations, either-sex is defined as bull elk, as described in Section 364(m)(1), or antlerless elk as, described in Section 364(m)(3). (n) Method of Take: Only methods for taking elk as defined in sections 353 and 354 may be used. (o) Tagholder Responsibilities: (1) No tagholder shall take or possess any elk or parts thereof governed by the regulations except herein provided. (2) The department reserves the right to use any part of the tagholder's elk for biological analysis as long as the amount of edible meat is not appreciably decreased. (3) Any person taking an elk which has a collar or other marking device attached to it shall provide the department with such marking device within 10 days of taking the elk. (p) The use of dogs to take or attempt to take elk is prohibited. Note: Authority cited: Sections 200, 202, 203, 332, 1050 and 1572, Fish and Game Code. Reference: Sections 203, 203.1, 332, 713, 1050, 1570-1572, and 3951, Fish and Game Code. s 364.5. Tule Elk. Note: Authority cited: Sections 219, 220 and 332, Fish and Game Code. Reference: Sections 332, 713 and 3951, Fish and Game Code. s 365. Bear. Except as provided in Section 366, bear may be taken only as follows: (Note: See subsection 265(c)(1) for restrictions on the use of dogs.) (a) Areas: (1) Northern California: In the counties of Del Norte, Humboldt, Plumas, Shasta, Siskiyou, Tehama and Trinity; and those portions of Lassen and Modoc counties west of the following line: Beginning at Highway 395 and the Sierra-Lassen county line; north on Highway 395 to the junction of Highway 36; west on Highway 36 to the junction of Highway 139; north on Highway 139 to Highway 299; north on Highway 299 to County Road 87; west on County Road 87 to Lookout-Hackamore Road; north on Lookout-Hackamore Road to Highway 139; north on Highway 139 to the Modoc-Siskiyou county line; north on the Modoc-Siskiyou county line to the Oregon border. (2) Central California: In the counties of Alpine, Amador, Butte, Calaveras, Colusa, El Dorado, Glenn, Lake, Mendocino, Nevada, Placer, Sacramento, Sierra, Sutter, Yolo and Yuba and those portions of Napa and Sonoma counties northeast of Highway 128. (3) Southern Sierra: That portion of Kern County west of Highway 14 and east of the following line: Beginning at the intersection of Highway 99 and the Kern-Tulare county line; south on Highway 99 to Highway 166; west and south on Highway 166 to the Kern-Santa Barbara county line; and those portions of Fresno, Madera, Mariposa, Merced, Stanislaus, Tulare and Tuolumne counties east of Highway 99. (4) Southern California: In the counties of Los Angeles, Santa Barbara and Ventura; that portion of Riverside County north of Interstate 10 and west of Highway 62; and that portion of San Bernardino County south and west of the following line: Beginning at the intersection of Highway 18 and the Los Angeles-San Bernardino county line; east along Highway 18 to Highway 247; southeast on Highway 247 to Highway 62; southwest along Highway 62 to the Riverside-San Bernardino county line. (5) Southeastern Sierra: Those portions of Inyo and Mono counties west of Highway 395; and that portion of Madera County within the following line: Beginning at the junction of the Fresno-Madera-Mono county lines; north and west along the Madera-Mono county line to the boundary of the Inyo-Sierra National Forest; south along the Inyo-Sierra National Forest boundary to the Fresno-Madera county line; north and east on the Fresno-Madera county line to the point of beginning. Also, that portion of Inyo county west of Highway 395; and that portion of Mono county beginning at the intersection of Highway 6 and the Mono county line; north along Highway 6 to the Nevada state line; north along the Nevada state line to the Alpine county line; south along the Mono-Alpine county line to the Mono-Tuolumne county line and the Inyo National Forest Boundary; south along the Inyo National Forest Boundary to the Inyo-Sierra Forest boundary; south along the Inyo-Sierra Forest boundary to the Fresno-Madera county line; north and east along the Fresno-Madera county line to the junction of the Fresno-Madera-Mono county line; south along the Mono-Fresno county line to the Mono-Inyo County line; east along the Mono-Inyo county line to the point of beginning. (b) Seasons: Except in the deer hunt areas designated as zones X-1 through X-7b in subsection 360(b), the bear season shall open on the opening day of the general deer season as described in subsections 360(a) and (b) and extend until the last Sunday in December in the areas described in subsections 365(a)(1), (2), (3) (4) and (5) above. In those areas designated as deer hunting zones X-1 through X-7b, the bear season shall open on the second Saturday in October and extend for 79 consecutive days. The bear season shall be closed when the department determines that 1,700 bears have been taken pursuant to the reporting requirement in section 708(e). The department shall notify the commission, the public via the news media and bear tag holders via the U.S. mail and the news media when implementing this closure. (c) Bag and Possession Limit: One adult bear per season. Cubs and females accompanied by cubs may not be taken. (Cubs are defined as bears less than one year of age or bears weighing less than 50 pounds.) (d) No open season for bear in the balance of the state not included in subsection (a) above. (e) Bait: No feed, bait or other materials capable of attracting a bear shall be placed or used for the purpose of taking or pursuing a bear. No bear shall be taken over such bait. No person may take a bear within a 400-yard radius of a garbage dump or bait. Note: Authority cited: Sections 200, 202, and 203, Fish and Game Code. Reference: Sections 200, 202, 203, 203.1, and 207, Fish and Game Code.Authority cited: Sections 200, 202, and 203, Fish and Game Code. Reference: Sections 200, 202, 203, 203.1, and 207, Fish and Game Code. s 365.5. Special Bear Hunt. Note: Authority cited: Sections 200, 202, 203 and 4751, Fish and Game Code. Reference: Sections 200, 202, 203, 203.1, 207, 713, 4751 and 4756, Fish and Game Code. s 366. Archery Bear Hunting. Bear may be taken with bow and arrow during the bear season as specified in section 365 and as follows: (a) Areas: Those portions of the state as described in subsection (a) of section 365. (b) Season: The archery bear season shall open on the third Saturday in August and extend for 23 consecutive days. There is no open season for taking bear with bow and arrow in the balance of the state. (c) Bag and Possession Limit: One adult bear per season. Cubs and female accompanied by cubs may not be taken. (Cubs are defined as bears less than one year of age or bears weighing less than 50 pounds.) (d) The use of dogs is prohibited during the archery season for bear. (e) Bait. No feed, bait or other materials capable of attracting a bear to a feeding area shall be placed or used for the purpose of taking or pursuing a bear. No bear shall be taken over such bait. No person may take a bear within a 400 yard radius of a garbage dump or bait. (f) No more than 15,000 bear tags shall be issued pursuant to section 367 (see subsection 365(b)). Note: Authority cited: Sections 200, 202 and 203, Fish and Game Code. Reference: Sections 200, 202, 203, 203.1 and 207, Fish and Game Code. s 367. Bear License Tags. Note: Authority cited: Sections 200, 202, 203, 219 and 1050, Fish and Game Code. Reference: Sections 200, 202, 203, 203.1, 207, 1050 and 4750-4756, Fish and Game Code. s 367.5. Presentation of Bear Skull. Any person who takes a bear shall present the skull (even if damaged) to a department office/officer within 10 days of taking the bear. The skull shall become property of the department. That portion of the skull not needed for scientific purposes shall be returned. Note: Authority cited: Sections 200, 202, and 203, Fish and Game Code. Reference: Sections 200-203.1, 206, 207 and 211-222, Fish and Game Code. s 368. Wild Pig. Wild pigs may be taken only as follows: (a) General Season: Open all year. (b) Bag and Possession Limit: There is no daily bag or possession limit for wild pigs. Note: Authority cited: Sections 200, 202, and 203, Fish and Game Code. Reference: Sections 200, 202, 203, 203.1, 207, 3950, 4652-4655 and 4657, Fish and Game Code. s 369. Mountain Lion. Note: Authority cited: Sections 200, 202, 203, 219 and 1050, Fish and Game Code. Reference: Sections 200, 202, 203, 203.1, 207, 219, 1050, 1801 and 4800-4805, Fish and Game Code. s 370. Deer Tags. Note: Authority cited: Sections 200, 202 and 203, Fish and Game Code. Reference: Sections 200, 202, 203, 203.1, 207 and 4336, Fish and Game Code. s 371. Deer Tag Application and Distribution Procedures. Note: Authority cited: Sections 200, 202, 203, 220 and 1050, Fish and Game Code. Reference: Sections 200, 202, 203, 203.1, 207, 1050 and 4330-4333, Fish and Game Code. s 372. Deer and Elk Tags, Persons Authorized to Validate. Note: Authority cited: Sections 200, 202, 203, 213 and 215, Fish and Game Code. Reference: Sections 200, 202, 203, 203.1, 206, 207, 211, 213 and 215, Fish and Game Code. s 373. Return of Deer Tags. Note: Authority cited: Sections 200, 202 and 203, Fish and Game Code. Reference: Sections 200-203.1, 206, 207, 211-222, 1050 and 4330-4331, Fish and Game Code. s 374. Standard Procedures for Distribution of Permits for Deer Hunts with a Limited Number of Permits. Note: Authority cited: Sections 200, 202 and 203, Fish and Game Code. Reference: Sections 200-203.1, 206, 207, 211-222, 1050 and 4330-4331, Fish and Game Code. s 375. Deer, Elk, Antelope and Bear Meat, Possession of After the Close of the Season. Note: Authority cited: Sections 200, 202, 203, 3080, and 3081, Fish and Game Code. Reference: Sections 200-203.1, 206, 207, 211-222, 3080, and 3081, Fish and Game Code. s 400. Deer Depredation Hunts. (a) A deer depredation hunt shall not be allowed where the number of deer involved numbers less than 25. (b) Before applying for a depredation hunt the landowner or tenant shall consult with representatives of the department to determine the existence or threat of depredation. All applications shall be in writing, filed with the commission on forms supplied by the department, and shall recite on their face that the applicant grants to the holders of hunting permits free and unrestricted access to, and the use of his lands for the purpose of said hunt. (c) Two or more landowners, or tenants, whose lands adjoin one another may apply jointly for a deer depredation hunt. (d) Before a deer depredation hunt is allowed, the landowner or tenant concerned shall sign a statement holding the Department of Fish and Game, their agents, officers, and employees, free and harmless from all claims that may arise from permitees shooting over said area, and from all claims on account of any act or omission on the part of said state, department, or their agents, officers or employees when engaged solely in the discharge of their official duties and functions. (e) Deer depredation hunts shall be confined to the lands owned or controlled by the applicant. (f) Hunting permits shall be issued on a first-come, first-served basis by employees of the department only, at a time and place to be designated in the order authorizing the hunt. (g) Applicants for hunting permits shall be 16 years of age or over. (h) Hunting permits shall be valid only for the area and the period of time designated on the permit. (i) Shooting time shall be one hour before sunrise to one hour after sunset. (j) Permits shall not be transferable. (k) Permittees shall check in at a designated checking station each day before hunting and shall check out at such station each day after hunting is finished. (l) Permit tag shall be attached to the antlers of antlered deer or to the ear of antlerless deer immediately after killing. (m) The commission shall designate the methods that may be used for each hunt. In addition to regular methods of take, these may also include 12 gauge shotguns shooting buck shot of size No. 2 or larger, and bows and arrows. (n) Deer meat held more than 15 days after close of the hunt shall be stamped in accordance with Section 3081 of the Fish and Game Code. (o) Employees of the department shall not be eligible to purchase hunting permits. (p) The department may refuse to issue a permit to anyone, may revoke any permit, and may eject the holder from the area for any reason when it appears that the safety or welfare of the area, or that of other permittees, is endangered. Decision of the authorized employee of the department in this respect shall be final. (q) Prior to the acceptance or issuance of a hunting permit all permittees shall consent in writing to the terms and conditions of these rules and regulations. Note: Authority cited: Sections 4181, 4181.5, and 4188, Fish and Game Code. Reference: Sections 4181, 4181.5, and 4188, Fish and Game Code. s 400.5. Bass Hill Special Depredation Hunt. Note: Authority cited: Sections 200, 203, 203.1 and 4188, Fish and Game Code. Reference: Sections 203, 203.1, 450-460, 1801, 4181.5 and 4188, Fish and Game Code. s 401. Issuance of Permit to Take Animals Causing Damage. (a) Application. A person who is a property owner or tenant may apply to the department for a permit to take elk, bear, beaver, wild pigs, deer, wild turkeys, or gray squirrels that are damaging or destroying, or immediately threatening to damage or destroy, land or property. (b) Permit Period. Permits issued pursuant to this section shall be valid for a period not to exceed one year, except that permits for elk, bear, wild turkey, or deer shall not be valid for more than 60 days. Permits may be renewed if damage or threatened damage to land or property continues to exist. (c) Form and Conditions of Permit. Applications shall be made on form entitled "PERMIT TO KILL DEER, BEAR, ELK, WILD PIG, GRAY SQUIRREL, BEAVER, WILD TURKEY, OR MOUNTAIN LION CAUSING CROP OR PROPERTY DAMAGE" (FG WPB 543 (new 5/05)). The department may add terms and conditions to the permit necessary to protect wildlife and ensure public safety. To be valid, the permit shall contain a statement signed by the applicant that he/she has read, understands, and agrees to be bound by all the terms of the permit. (d) Methods of Take. (1) Animals taken pursuant to a permit may be taken in any legal manner except as herein provided and in accordance with the provisions of Section 465.5 of these regulations. Permits to take deer shall include conditions that comply with Fish and Game Code section 4181.5. No iron-jawed or any type of metal-jawed traps may be used to take squirrels or bears. No poison may be used. The department may specify the caliber and type of firearm and ammunition, archery equipment or crossbow to be used based upon safety considerations. The department may require that a permittee take animals alive by the use of live traps. (2) The permittee and/or agent shall ensure that all animals are killed in a humane manner instantly and prevent any injured animal from escaping. (e) Government Employees and Designated Agents. (1) An employee of a federal, State, or local government agency or local district with responsibilities including but not limited to animal control, animal damage control, irrigation, flood, or natural resource reclamation, while acting in his/her official capacity may take depredating animals on the property designated in a permit issued pursuant to this section. (2) The permittee may designate up to three other persons as his/her agents to take animals under the terms of the permit. A designated agent shall be any person who is acting under the direction and control of the permittee and who is 21 years of age or older. The designated agent(s) shall be named on the permit. The permittee may substitute designated agents with prior written approval of the department. (f) Persons Prohibited from Taking Animals. No person may take animals pursuant to the permit if he/she has been convicted of a violation related to the take or possession of game or furbearing mammals in the past 12 months or if he/she is on probation and may not hunt or possess a firearm as part of the terms of probation. A landowner who is on probation and may not hunt or possess a firearm as part of the terms of probation must designate a qualified agent to take animals under a permit. (g) Written Report Required for Wild Pigs. The permittee shall provide a report listing the date and sex of each wild pig taken. A report shall be submitted whether or not any animals were taken. The reporting period shall be by calendar month. The permittee or designated agent shall complete and mail the report to the department on or before the 15th day of the following month. Reports shall be mailed to the address provided by the department. (h) Tagging Animals. All animals taken pursuant to a permit, except wild pigs, shall be immediately tagged with tags provided by the department. Wild pigs shall be tagged prior to being transported from the property designated in the permit. Tags for animals except wild pigs shall be completed at the time the animal is taken. Tags for wild pigs shall be completed before the wild pigs are removed from the property. Tags shall clearly show the permittee's name, address, date and location the animal was taken and shall include the signature of the person taking the animal. The report portion of each tag shall be mailed to the department without delay. No tags are required for squirrels and beavers. (i) Utilization of Carcass. Animals taken pursuant to this permit must be disposed of as required in the permit. No animals, except wild pigs, may be utilized by the permittee or designated agent. The permittee or designated agent may leave the carcass of any wild pig where it was taken for reasons of high air temperatures, disease, parasites, or conditions which preclude use of the carcass. A person who makes every reasonable attempt to utilize the carcass of any wild pig as required in this subsection shall be deemed to be in compliance with Section 4304 of the Fish and Game Code. (j) Suspension and Revocation of Permits. (1) Permits may be suspended temporarily by the director for a breach or violation of the permit by the holders thereof, their agents, servants, employees or any person acting under their direction and control. The commission shall be notified of any such suspension and subsequently may revoke or reinstate the permit, or fix the period of its suspension, after written notice to the permittee and the permittee has been afforded an opportunity to be heard. (2) Any person who has had his/her permit revoked or suspended by the commission shall be required, upon application for a new or subsequent permit, to appear before the commission and demonstrate to its satisfaction that the use of such a permit will be consistent with depredation control, with these regulations, and with the laws under which they are promulgated. (k) It is unlawful for a permittee or agent to violate any of the terms or conditions of a permit issued pursuant to this section. (l) The permit does not invalidate any city, county, or state firearm regulation. Note: Authority cited: Sections 202, 3003.1 and 4181, Fish and Game Code. Reference: Sections 3003.1 and 4181, Fish and Game Code. s 402. Issuance of Permits to Kill Mountain Lion Causing Damage. (a) Revocable permits may be issued by the department after receiving a report, from any owner or tenant or agent for them, of property being damaged or destroyed by mountain lion. The department shall conduct and complete an investigation within 48 hours of receiving such a report. Any mountain lion that is encountered in the act of inflicting injury to, molesting or killing livestock or domestic animals may be taken immediately if the taking is reported within 72 hours to the department and the carcass is made available to the department. Whenever immediate action will assist in the pursuit of the particular mountain lion believed to be responsible for damage to livestock or domestic animals, the department may orally authorize the pursuit and take of a mountain lion. The department shall investigate such incidents and, upon a finding that the requirements of this regulation have been met, issue a free permit for depredation purposes, and carcass tag to the person taking such mountain lion. (b) Permittee may take mountain lion in the manner specified in the permit, except that no mountain lion shall be taken by means of poison, leg-hold or metal-jawed traps and snares. (c) Both males and females may be taken during the period of the permit irrespective of hours or seasons. (d) The privilege granted in the permit may not be transferred, and only entitles the permittee or the employee or agent of the permittee to take mountain lion. Such person must be 21 years of age or over and eligible to purchase a California hunting license. (e) Any person issued a permit pursuant to this section shall report by telephone within 24 hours the capturing, injuring or killing of any mountain lion to an office of the department or, if telephoning is not practical, in writing within five days after capturing, injuring or killing of the mountain lion. Any mountain lion killed under the permit must be tagged with the special tag furnished with the permit; both tags must be completely filled out and the duplicate mailed to the Department of Fish and Game, Sacramento, within 5 days after taking any mountain lion. (f) The entire carcass shall be transported within 5 days to a location agreed upon between the issuing officer and the permittee, but in no case will a permittee be required to deliver a carcass beyond the limits of his property unless he is willing to do so. The carcasses of mountain lions taken pursuant to this regulation shall become the property of the state. (g) Animals shall be taken in a humane manner so as to prevent any undue suffering to the animals. (h) The permittee shall take every reasonable precaution to prevent the carcass from spoiling until disposed of in the manner agreed upon under subsection (f) of these regulations. (i) The permit does not invalidate any city, county, or state firearm regulation. (j) Permits shall be issued for a period of 10 days. Permits may be renewed only after a finding by the department that further damage has occurred or will occur unless such permits are renewed. The permittee may not begin pursuit of a lion more than one mile nor continue pursuit beyond a 10-mile radius from the location of the reported damage. Note: Authority cited: Sections 4803 and 4804, Fish and Game Code. Reference: Sections 4800-4809, Fish and Game Code. s 460. Fisher, Marten, River Otter, Desert Kit Fox and Red Fox. Fisher, marten, river otter, desert kit fox and red fox may not be taken at any time. Note: Authority cited: Sections 200, 202, 203, and 4009.5, Fish and Game Code. Reference: Sections 200-203.1, 206, 207, 211-222, 4000-4004, and 4009.5, Fish and Game Code. s 461. Badger and Gray Fox. (a) Badger may be taken as follows: (1) Season and Area: November 16 through the last day of February, statewide. (2) Bag and Possession Limit: No limit. (b) Gray fox may be taken as follows: (1) Season and Area: November 24 through the last day of February, statewide. (2) Bag and Possession Limit: No limit. (3) Dogs may be permitted to pursue gray fox in the course of breaking, training, or practicing dogs in accordance with the provisions of Section 265 of these regulations. Note: Authority cited: Sections 200-202, 203 and 4009.5, Fish and Game Code. Reference: Sections 200-203.1, 206, 207, 211-222, 4000-4004 and 4009.5, Fish and Game Code. s 462. Muskrat and Mink. Except as noted in Section 4180, Fish and Game Code, muskrat and mink may be taken only as follows: Season and Area: November 16 through March 31, statewide. (This regulation supersedes Section 4001 of the Fish and Game Code.) Bag and Possession Limit: No limit. Note: Authority cited: Sections 200, 202, 203, and 4009.5, Fish and Game Code. Reference: Sections 200-203.1, 206, 207, 211-222, 4000-4004, 4009.5, and 4180, Fish and Game Code. s 463. Beaver. Beaver may be taken only as follows: (a) Season and Area: November 1 through March 31 in the counties of Alameda, Alpine, Amador, Butte, Calaveras, Colusa, Contra Costa, Del Norte, El Dorado, Fresno, Glenn, Humboldt, Imperial, Inyo, Kern, Kings, Lake, Lassen, Madera, Mariposa, Merced, Modoc, Mono, Monterey, Nevada (except Sagehen Creek), Placer, Plumas, Sacramento, San Joaquin, San Luis Obispo, Shasta, Sierra, Siskiyou, Solano, Stanislaus, Sutter, Tehama, Trinity, Tulare, Tuolumne, Yolo and Yuba; and those portions of Riverside and San Bernardino counties within 10 miles of the Arizona-California border. (This regulation supersedes Section 4001 of the Fish and Game Code.) Bag and Possession Limit: There is no bag or possession limit in these areas for the taking of beaver. (b) Beaver or any part thereof may not be taken in the balance of the state including the counties of Los Angeles, Marin, Mendocino, Napa, Orange, San Benito, San Diego, San Francisco, San Mateo, Santa Barbara, Santa Clara, Santa Cruz, Sonoma, and Ventura; and those portions of Riverside and San Bernardino counties further than 10 miles from the California-Arizona border. (This regulation supersedes Section 4001 of the Fish and Game Code.) Note: Authority cited: Sections 200, 202, 203 and 4009.5, Fish and Game Code. Reference: Sections 200-203.1, 206, 207, 211-222, 4000-4004, 4009.5 and 4180, Fish and Game Code. s 463.5. Hides of Beaver. Note: Authority cited: Section 4182, Fish and Game Code. s 464. Raccoon. (a) Seasons and Areas: (1) Raccoon may be taken from July 1 through March 31 in the following area: All of Imperial County and those portions of Riverside and San Bernardino counties lying south and east of the following line: Beginning at the intersection of Highway 86 with the north boundary of Imperial County; north along Highway 86 to the intersection with Interstate 10; east along Interstate 10 to its intersection with the Cottonwood Springs Road in Section 9, T6S, R11E, S.B.B.M.; north along the Cottonwood Springs Road and the Mecca Dale Road to Amboy; east along Highway 66 to the intersection with Highway 95; north along Highway 95 to the California-Nevada state line. (2) November 16 through March 31 in the balance of the state. (b) Bag and Possession Limit: No limit. (c) Method of Take: When taking raccoon after dark, pistols and rifles not larger than .22 caliber rimfire and shotguns using shot no larger than No. BB are the only firearms which may be used during this night period. (This regulation supersedes Sections 4001 and 4002 of the Fish and Game Code.) (See Sections 264 and 264.5 for light regulations.) (d) Dogs may be permitted to pursue raccoons in the course of breaking, training or practicing dogs in accordance with the provisions of Section 265 of these regulations. Note: Authority cited: Sections 200, 202, 203 and 4009.5, Fish and Game Code. Reference: Sections 200-203.1, 206, 207, 211-222, 4000-4004 and 4009.5, Fish and Game Code. s 465. Methods for Taking Furbearers. Furbearing mammals may be taken only with a firearm, bow and arrow, or with the use of dogs, or traps in accordance with the provisions of Section 465.5 of these regulations and Section 3003.1 of the Fish and Game Code. Note: Authority cited: Sections 200, 202, 203, 3003.1 and 4009.5, Fish and Game Code. Reference: Sections 200-203.1, 206, 207, 211-221, 3003.1, 4000-4004 and 4009.5, Fish and Game Code. s 465.1. Use of Dogs in Taking Furbearers. Note: Authority cited: Sections 200, 202, 203, 219, 3800, 4150 and 4853, Fish and Game Code. Reference: Sections 200-203.1, 206, 207, 211-222, 3800, 4150, 4756 and 4850-4854, Fish and Game Code. s 465.5. Use of Traps. (a) Traps Defined. Traps are defined to include padded-jaw leg-hold, steel-jawed leg-hold, and conibear traps, snares, dead-falls, cage traps and other devices designed to confine, hold, grasp, grip, clamp or crush animals' bodies or body parts. (b) Affected Mammals Defined. For purposes of this section, furbearing mammals, game mammals, nongame mammals, and protected mammals are those mammals so defined by statute on January 1, 1997, in sections 3950, 4000, 4150 and 4700 of the Fish and Game Code. (c) Prohibition on Trapping for the Purposes of Recreation or Commerce in Fur. It is unlawful for any person to trap for the purposes of recreation or commerce in fur any furbearing mammal or nongame mammal with any body-gripping trap. A body-gripping trap is one that grips the mammal's body or body part, including, but not limited to, steel-jawed leg-hold traps, padded-jaw leg-hold traps, conibear traps, and snares. Cage and box traps, nets, suitcase-type live beaver traps, and common rat and mouse traps shall not be considered body-gripping traps and may be used to trap for the purposes of recreation or commerce in fur any furbearing or nongame mammal. (d) Prohibition on Exchange of Raw Fur. It is unlawful for any person to buy, sell, barter, or otherwise exchange for profit, or to offer to buy, sell, barter, or otherwise exchange for profit, the raw fur, as defined by Section 4005 of the Fish and Game Code, of any furbearing mammal or nongame mammal that was trapped in this state, with a body-gripping trap as described in subsection (c) above. (e) Prohibition on Use of Steel-jawed Leg-hold Traps by Individuals. It is unlawful for any person to use or authorize the use of any steel-jawed leg-hold trap, padded or otherwise, to capture any game mammal, furbearing mammal, nongame mammal, protected mammal, or any dog or cat. (1) Exception for Extraordinary Case to Protect Human Health or Safety. The prohibition in subsection (e) does not apply to federal, state, county, or municipal government employees or their duly authorized agents in the extraordinary case where the otherwise prohibited padded-jaw leg-hold trap is the only method available to protect human health or safety. (A) Leg-hold Trap Requirements. Leg-hold traps used to implement subsection (e)(1) must be padded, commercially manufactured, and equipped as provided in subsections (A)1. through (A)5. below. 1. Anchor Chains. Anchor chains must be attached to the center of the padded trap, rather than the side. 2. Chain Swivels. Anchor chains must have a double swivel mechanism attached as follows: One swivel is required where the chain attaches to the center of the trap. The second swivel may be located at any point along the chain, but it must be functional at all times. 3. Shock Absorbing Device. A shock absorbing device such as a spring must be in the anchor chain. 4. Tension Device. Padded leg-hold traps must be equipped with a commercially manufactured pan tension adjusting device. 5. Trap Pads. Trap pads must be replaced with new pads when worn and maintained in good condition. (f) Use of Non-Body-Gripping Traps for Purposes of Recreation or Commerce in Fur. Any person who utilizes non-body-gripping traps for the take of furbearing mammals and nongame mammals for purposes of recreation or commerce in fur must comply with the provisions of subsections (g)(1) through (3) below. (1) Trap Number Requirement. Any person who traps furbearing mammals or nongame mammals shall obtain a trap number issued by and registered with the department. All traps, before being put into use, shall bear only the current registered trap number or numbers of the person using, or in possession of those traps. This number shall be stamped clearly on the trap or on a metal tag attached to the chain of the trap or to any part of the trap. (g) Use of Conibear Traps, Snares, Cage and Box Traps, Nets, Suitcase-type Live Beaver Traps and Common Rat and Mouse Traps for Purposes Unrelated to Recreation or Commerce in Fur. Conibear traps, snares, cage and box traps, nets, suitcase-type live beaver traps and common rat and mouse traps may be used by individuals to take authorized mammals for purposes unrelated to recreation or commerce in fur, including, but not limited to, the protection of property, in accordance with subsections (1) through (5) below. Except for common rat and mouse traps, all traps used pursuant to this subsection must be numbered as required by subsection (f)(1) above. The prohibitions of subsections (c) and (d) above shall apply to any furbearing or nongame mammal taken by a conibear trap or snare pursuant to this subsection (g). (1) Immediate Dispatch or Release. All furbearing and nongame mammals that are legal to trap must be immediately killed or released. Unless released, trapped animals shall be killed by shooting where local ordinances, landowners, and safety permit. This regulation does not prohibit employees of federal, state, or local government from using chemical euthanasia to dispatch trapped animals. (2) Trap Visitation Requirement. All traps shall be visited at least once daily by the owner of the traps or his/her designee. Such designee shall carry on his/her person written authorization, as owner's representative, to check traps. In the event that an unforeseen medical emergency prevents the owner of the traps from visiting traps another person may, with written authorization from the owner, check traps as required. The designee and the person who issues the authorization to check traps shall comply with all provisions of Section 465.5. Each time traps are checked all trapped animals shall be removed. (3) Trap Placement Requirement. Traps may not be set within 150 yards of any structure used as a permanent or temporary residence, unless such traps are set by a person controlling such property or by a person who has and is carrying with him written consent of the landowner to so place the trap or traps. (4) Placement of Conibear Traps. Traps of the conibear-type with a jaw opening larger than 8" x 8" may be used only in sets where the trap is wholly or partially submerged in water or is: (A) Within 100 feet of permanent water. (B) Within 100 feet of seasonally flooded marshes, pastures, agricultural lands or floodways when standing or running water is present. (C) Within the riparian vegetation zone, characterized by, but not limited to, willow, cottonwood, sycamore, salt cedar, cattail, bulrush and rushes, when found within the area defined in section 463(a) where the take of beaver is permitted. (5) Zones Prohibited to the Use of Conibear-type Traps and Snares. Conibear-type traps and snares, except those totally submerged, and deadfall traps are prohibited in the following zones. (A) Zone 1: Beginning at Interstate 5 and Highway 89, east on Highway 89 to Harris Springs Road near Bartle, north on Harris Springs Road (primary U.S. Forest Service Road 15) to Powder Hill Road (primary U.S. Forest Service Road 49), northeast on Powder Hill Road to Road 42N56, east on Road 42N56 to the Siskiyou/Modoc county line, north on the Siskiyou/Modoc county line to the boundary of the Lava Beds National Monument, north along the eastern boundary of the Lava Beds National Monument, then west then south along the western boundary of the Lava Beds National Monument to Road 46N21, west along Road 46N21 over Gold Digger Pass to the western boundary of the Modoc National Forest, south along the western boundary of the Modoc National Forest to the boundary of the Shasta National Forest, west along the northern boundary of the Shasta National Forest to Highway 97, southwest on Highway 97 to Interstate 5, northwest on Interstate 5 to Old Highway 99, northwest on Old Highway 99 to Stewart Springs Road, southwest on Stewart Springs Road to the Yreka Ditch, west along the Yreka Ditch to the Gazelle/Callahan Road, southwest on the Gazelle/Callahan Road to Highway 3, south on Highway 3 to Ramshorn Road, northeast on Ramshorn Road to Castle Creek Road, east on Castle Creek Road to Interstate 5, north on Interstate 5 to the point of beginning. (B) Zone 2: Beginning in Tehama County at the intersection of Highway 36 and the western boundary of the Lassen National Forest, south along the western boundary of the Lassen National Forest to the boundary of the Plumas National Forest, south along the western boundary of the Plumas National Forest to the boundary of the Tahoe National Forest, south along the western boundary of the Tahoe National Forest to the boundary of the El Dorado National Forest, south along the western boundary of the El Dorado National Forest to the boundary of the Stanislaus National Forest, south along the western boundary of the Stanislaus National Forest to the boundary of the Sierra National Forest, south along the western boundary of the Sierra National Forest to the boundary of the Sequoia National Forest, south along the western boundary of the Sequoia National Forest to Highway 245, southwest on Highway 245 to Road 168, southwest on Road 168 to County Road J40, west on County Road J40 to Henderson Road, northwest on Henderson Road to Lincoln Avenue, west on Lincoln Avenue to Highway 145, north on Highway 145 to Avenue 7, west on Avenue 7 to Road 21, north on Road 21 to Avenue 12, west on Avenue 12 to Road 16, north on Road 16 to Avenue 18 1/2, west on Avenue 18 1/2 to Road 9, north on Road 9 to Highway 152, west on Highway 152 to Highway 59, north on Highway 59 to Highway 99, northwest on Highway 99 to Highway 140, west on Highway 140 to Highway 33, north on Highway 33 to Interstate 5, north on Interstate 5 to County Road J4, west on County Road J4 to County Road J2, north on County Road J2 to Highway 4, west on Highway 4 to Lone Tree Way, west on Lone Tree Way to James Donlon Boulevard, west on James Donlon Boulevard to Somersville Road, south on Somersville Road to Nortonville Road, north on Nortonville Road to Kirker Pass Road, southwest on Kirker Pass Road to Clayton Road, southeast on Clayton Road to Mitchell Canyon Road, south on Mitchell Canyon Road to the boundary of Mount Diablo State Park, south along the western boundary of Mount Diablo State Park to Mt. Diablo Scenic Boulevard, south on Mt. Diablo Scenic Boulevard to Blackhawk Road, southeast on Blackhawk Road to Camino Tassajara, west on Camino Tassajara to Dougherty Road, south on Dougherty Road to Interstate 580, west on Interstate 580 to Interstate 680, south on Interstate 680 to Highway 84, northeast on Highway 84 to Holmes Street, south on Holmes Street to Wetmore Road, east on Wetmore Road to Arroyo Road, south on Arroyo Road to Del Valle Regional Park, southeast along the western boundary of Del Valle Regional Park to Arroyo Del Valle Creek, southeast on Arroyo Del Valle Creek to the Alameda/Santa Clara county line, east on the Alameda/Santa Clara county line to San Antonio Valley Road, south on San Antonio Valley Road to Del Puerto Canyon Road, east on Del Puerto Canyon Road to Santa Clara/Stanislaus county line, south along the Santa Clara/Stanislaus county line to the Santa Clara/Merced county line, south along the Santa Clara/Merced county line to the San Benito/Merced county line, south along the San Benito/Merced county line to Little Panoche Road, south on Little Panoche Road to Panoche Road, east on Panoche Road to New Idria Road, south along New Idria Road to Clear Creek Road, southwest on Clear Creek Road to Coalinga Road, southeast on Coalinga Road to Coalinga-Mineral Springs Road, south on Coalinga-Minerial Springs Road to Highway 198, east on Highway 198 to Parkfield Grade, south on Parkfield Grade to Vineyard Canyon Road, west on Vineyard Canyon Road to Highway 101, north on Highway 101 to Bradley Road, north on Bradley Road to Sargents Road, north on Sargents Road to Pancho Rico Road, west on Pancho Rico Road to Cattleman's Road, north on Cattleman's Road to Highway 198, west on Highway 198 to Highway 101, north on Highway 101 to County Road G13, northeast on County Road G13 to Highway 25, north on Highway 25 to Browns Valley Road, north on Browns Valley Road to Santa Anita Road, northwest on Santa Anita Road to Santa Ana Valley Road, north on Santa Ana Valley Road to Fairview Road, north on Fairview Road to Highway 156, north on Highway 156 to Highway 152, southwest on Highway 152 to County Road G7, southwest on County Road G7 to Highway 25, west on Highway 25 to Highway 101, south on Highway 101 to the San Benito/Monterey county line, south on the San Benito/Monterey county line to Highway 146, west on Highway 146 to Highway 101, south on Highway 101 to Paraiso Springs Road, south on Paraiso Springs Road to County Road G17, south on County Road G17 to County Road 16, northeast on County Road 16 to Central Avenue, southeast on Central Avenue to Highway 101, south on Highway 101 to County Road G14, south on County Road G14 to Milpitas Road, west on Milpitas Road to the boundary of Fort Hunter Liggett, south along the western boundary of Fort Hunter Liggett to the Nacimiento River, southeast along the Nacimiento River to Nacimiento Reservoir, southeast along the western boundary of Nacimiento Reservoir to Chimney Rock Road, south on Chimney Rock Road to Klau Mine Road, south on Klau Mine Road to Adelaida Road, east on Adelaida Road to Vineyard Drive, southeast on Vineyard Drive to Highway 101, south on Highway 101 to Highway 41, east on Highway 41 to Highway 229, south on Highway 229 to Creston O'Donovan Road, southeast on Creston O'Donovan Road to Highway 58, east on Highway 58 to the boundary of the Los Padres National Forest, south and east along the eastern boundary of the Los Padres National Forest to Highway 33, south on Highway 33 to Quatal Canyon Road, east on Quatal Canyon Road to Cerro Noroeste Road, east on Cerro Noroeste Road to Cuddy Valley Road, east on Cuddy Valley Road to Interstate 5, north on Interstate 5 to Wheeler Ridge Road, east on Wheeler Ridge Road to Laval Road, east on Laval Road to Rancho Road, north on Rancho Road to Sycamore Road, east on Sycamore Road to Tejon Highway, north on Tejon Highway to Highway 223, northeast on Highway 223 to Highway 58, east on Highway 58 to Caliente Bodfish Road, north on Caliente Bodfish Road to Highway 155, northeast then west on Highway 155 to the eastern boundary of the Sequoia National Forest, north and east along the southern boundary of the Sequoia National Forest to the Dome Land Wilderness, north along the eastern boundary of the Dome Land Wilderness to the boundary of the Inyo National Forest, north along the eastern boundary of the Inyo National Forest west of Highway 395 to the intersection of Inyo National Forest and Highway 395 near Sherwin Summit in Mono County, north on Highway 395 to the California/Nevada state line, north on the California/Nevada state line to Highway 395 in Sierra County, north on Highway 395 to Long Valley Road, south on Long Valley Road to the boundary of the Toiyabe National Forest, west along the Toiyabe National Forest boundary to the Tahoe National Forest boundary, west then south then west then north along the Tahoe National Forest boundary to the Plumas National Forest boundary, north then east then north along the eastern boundary of the Plumas National Forest to the Lassen National Forest boundary, north along the eastern boundary of the Lassen National Forest to the northern boundary of the Lassen National Forest, west along the northern boundary of the Lassen National Forest to the western boundary of the Lassen National Forest, south along the western boundary of the Lassen National Forest to the point of beginning. (h) Statutory Penalty for Violation of Provisions. Violation of Section 3003.1 or 3003.2 of the Fish and Game Code, or any rule or regulation, including this Section 465.5, adopted pursuant thereto, is punishable by a fine of not less than three hundred dollars ($300) or more than two thousand dollars ($2,000), or by imprisonment in the county jail for not more than one year, or by both that fine and imprisonment. Note: Authority cited: Sections 200, 202, 203, 219, 240, 3003.1, 4005 and 4009.5, Fish and Game Code. Reference: Sections 200, 202, 203, 203.1, 207, 3003.1, 4004, 4005, 4009.5, 4152 and 4180 , Fish and Game Code. s 466. Hours for Taking Furbearers. Furbearers may be hunted at any hour of the day or night except that they may not be taken between one-half hour after sunset and one-half hour before sunrise in the area described in Section 474(a) of these regulations. Note: Authority cited: Sections 200, 202, 203, 300, 4009.5, and 4150, Fish and Game Code. Reference: Sections 200-203.1, 206, 207, 211-222, 3000, 4000-4004, and 4005-4012, Fish and Game Code. s 467. Trapping Reports. All holders of trapping licenses must submit to the department a sworn statement or report by July 1 of his/her annual take of fur for the preceding trapping season. Statement or report shall show the number of each kind of furbearing mammals and nongame mammals taken, number sold, county in which furs were taken and the names and addresses of the persons to whom furs were shipped or sold. If the annual report is not received by July 1 following the most recent trapping year, or if it is not completely filled out, the trapper's license will be suspended. The commission shall be notified of any suspension and, subsequently, may revoke or reinstate applicant's license renewal application after written notice is given to the applicant and after he has been afforded an opportunity to be heard. Note: Authority cited: Sections 200, 202, 203, 4009.5, and 4150, Fish and Game Code. Reference: Sections 200-203.1, 206, 207, 211-222, 4000-4004, and 4005-4012, Fish and Game Code. s 470. Nongame Animals Defined. Note: Authority cited: Section 4150, Fish and Game Code. Reference: Section 4150, Fish and Game Code. s 472. General Provisions. Except as otherwise provided in Sections 478 and 485 and subsections (a) through (d) below, nongame birds and mammals may not be taken. (a) The following nongame birds and mammals may be taken at any time of the year and in any number except as prohibited in Chapter 6: English sparrow, starling, coyote, weasels, skunks, opossum, moles and rodents (excluding tree and flying squirrels, and those listed as furbearers, endangered or threatened species). (b) Fallow, sambar, sika, and axis deer may be taken only concurrently with the general deer season. (c) Aoudad, mouflon, tahr, and feral goats may be taken all year. (d) American crows (Corvus brachyrhynchos) may be taken only under the provisions of Section 485 and by landowners or tenants, or by persons authorized in writing by such landowners or tenants, when American crows are committing or about to commit depredations upon ornamental or shade trees, agricultural crops, livestock, or wildlife, or when concentrated in such numbers and manner as to constitute a health hazard or other nuisance. Persons authorized by landowners or tenants to take American crows shall keep such written authorization in their possession when taking, transporting or possessing American crows. American crows may be taken only on the lands where depredations are occurring or where they constitute a health hazard or nuisance. If required by Federal regulations, landowners or tenants shall obtain a Federal migratory bird depredation permit before taking any American crows or authorizing any other person to take them. American crows may be taken under the provisions of this subsection only by firearm, bow and arrow, falconry or by toxicants by the Department of Food and Agriculture for the specific purpose of taking depredating crows. Toxicants can be used for taking crows only under the supervision of employees or officers of the Department of Food and Agriculture or federal or county pest control officers or employees acting in their official capacities and possessing a qualified applicator certificate issued pursuant to sections 14151-14155 of the Food and Agriculture Code. Such toxicants must be applied according to their label requirements developed pursuant to sections 6151-6301, Title 3, California Code of Regulations. Note: Authority cited: Sections 200, 202, 203, 355 and 3800, Fish and Game Code. Reference: Sections 200, 202, 203, 355, 356, 3801 and 3801.5, Fish and Game Code. s 473. Possession of Nongame Animals. Any nongame bird or mammal that has been legally taken pursuant to this chapter may be possessed. Note: Authority cited: Section 4150, Fish and Game Code. Reference: Section 4150, Fish and Game Code. s 474. Hours for Taking. Nongame mammals may be taken at any time except as provided in this section. (a) Area Closed to Night Hunting. Nongame mammals may be taken only between one-half hour before sunrise and one-half hour after sunset in the following described area: Beginning at a point where Little Panoche Road crosses Interstate 5 near Mendota; south on Interstate 5 to Highway 198; east on Highway 198 to Highway 99; south on Highway 99 to Interstate 5; south on Interstate 5 to the Los Padres National Forest boundary in Section 8, T 9 N, R 19 W, S.B.B.M near Fort Tejon Historical Monument; west along the National Forest boundary to Cerro Noroeste Road; northwest on Cerro Noroeste Road to Highway 33-166; north on Highway 33-166 to the Soda Lake Road; northwest on the Soda Lake Road and on the Simmler Soda Lake San Diego Creek Road to Highway 58 at Simmler; west on Highway 58 to the Cammotti Shandon Road; north on the Cammotti Shandon Road to the Shandon San Juan Road; north on the Shandon San Juan Road to Highway 41; northeast on Highway 41 to the Cholame Valley Road; northwest on Cholame Valley Road and Cholame Road to the Parkfield Coalinga Road in Parkfield; north on Parkfield Coalinga Road and Parkfield Grade to Highway 198; northwest on Highway 198 to the Fresno-Monterey county line; north along the Fresno-Monterey county and Fresno-San Benito county lines to the Little Panoche Road; north and east on the Little Panoche Road to the point of beginning at Interstate 5. This section does not pertain to the legal take of nongame mammals with traps as provided for by Sections 461-480 of these regulations, and by Sections 4000-4012, 4152 and 4180 of the Fish and Game Code. (This regulation supersedes Section 3000 of the Fish and Game Code.) (b) On privately-owned property, not included in (a) above, nongame mammals may be taken from one-half hour after sunset to one-half hour before sunrise only by the landowner or his agents, or by persons who have in their immediate possession written permission issued by the landowner or tenant that states the permittee can trespass from one-half hour after sunset to one-half hour before sunrise on property under the ownership or control of such landowners or tenants. (c) Fallow deer, axis deer, sambar deer, sika deer, aoudad, mouflon, tahr and feral goats may be taken only from one-half hour before sunrise to one-half hour after sunset. Note: Authority cited: Sections 3000 and 4150, Fish and Game Code. Reference: Sections 3000 and 4150, Fish and Game Code. s 475. Methods of Take for Nongame Birds and Nongame Mammals. Nongame birds and nongame mammals may be taken in any manner except as follows: (a) Poison may not be used. (b) Recorded or electrically amplified bird or mammal calls or sounds or recorded or electrically amplified imitations of bird or mammal calls or sounds may not be used to take any nongame bird or nongame mammal except coyotes, bobcats, American crows and starlings. (c) Fallow deer, sambar deer, axis deer, sika deer, aoudad, mouflon, tahr and feral goats may be taken only with the equipment and ammunition specified in Section 353 of these regulations. (d) Traps may be used to take nongame birds and nongame mammal only in accordance with the provisions of Section 465.5 of these regulations and sections 3003.1 and 4004 of the Fish and Game Code. (e) No feed, bait or other material capable of attracting a nongame mammal may be placed or used in conjunction with dogs for the purpose of taking any nongame mammals. Nothing in this section shall prohibit an individual operating in accordance with the provisions of Section 465.5 from using a dog to follow a trap drag and taking the nongame mammal caught in that trap. Note: Authority cited: Sections 355, 3003.1, 3800, and 4150, Fish and Game Code. Reference: Sections 355-356, 3003.1, 3800, and 4150, Fish and Game Code. s 478. Bobcat. Except as provided in subsections (c) and (d) below no person shall pursue, take or possess any bobcat without first procuring a trapping license or a hunting license and bobcat hunting tags. The pursuit, take and/or possession of a bobcat under the authority of a hunting license and a bobcat hunting tag shall be in accordance with the provisions of this section and Sections 265 and 472-479 of these regulations. Bobcats taken under the authority of a trapping license shall be taken with traps or other means in accordance with this section and Sections 265, 465, 465.5 and 475. Bobcats taken under a trapping license must be tagged in accordance with the provisions of Section 479. (a) Trapping Season and Area: Bobcat may only be taken under the authority of a trapping license as follows: (1) Area: Statewide. (2) Season: November 24 through January 31. (b) Hunting Season and Area: Bobcats may only be taken under the authority of a hunting license and bobcat hunting tags as follows: (1) Area: Statewide. (2) Season: October 15 through February 28. (c) Bag and Possession Limit: (1) Bobcats taken under a hunting license and bobcat hunting tags: Five bobcats per season. (2) Bobcats taken under a trapping license: No limit. (d) Dogs may be permitted to pursue bobcats in the course of breaking, training or practicing dogs in accordance with the provisions of Section 265 of these regulations. (e) This section shall not apply to bobcats trapped under the provisions of Sections 4152 and 4180 of the Fish and Game Code (also see Section 480 of these regulations). Note: Authority cited: Section 4150, Fish and Game Code. Reference: Section 4150, Fish and Game Code. s 478.1. Bobcat Hunting Tags. (a) Any person who possesses a valid hunting license may, upon payment of the fee specified in Section 702, procure only five revocable, nontransferable bobcat hunting tags. Such tags shall be acquired at designated department offices. These tags do not act as shipping tags as required in Section 479 for pelts taken under a trapping license. (b) Bobcat hunting tags are valid only during that portion of the current hunting license year in which bobcats may be legally harvested as provided in Section 478. (c) The holder of a bobcat hunting tag shall fill in his/her name, address, and hunting license number prior to hunting, and carry the tag while hunting bobcats. Upon the harvesting of any bobcat, the hunter shall immediately fill out both parts of the tag and cut out and completely remove appropriate notches that clearly indicate the date of harvest. One part of the tag shall be immediately attached to the pelt and kept attached until it is tanned, dried or mounted. The other part of the tag shall be sent immediately to the department. (d) Possession of any untagged bobcat taken under the authority of the hunting license shall be a violation of this section except that the provisions of this section shall not apply to the owner or tenant of land devoted to the agricultural industry nor to authorized county, state or federal predatory animal control agents operating under a written trapping agreement with the appropriate landowner while on such land and in connection with such agricultural industry. It is unlawful for any person to sell, offer for sale, barter, trade, purchase, transport from this state, or offer for out-of-state shipment by any common carrier any bobcat pelts, or parts thereof taken pursuant to this provision. (e) Any person who is convicted of violating any provision of this chapter shall forfeit his bobcat hunting tags, and shall not apply for additional tags during the then current hunting license year. Note: Authority cited: Sections 713 and 4150, Fish and Game Code. Reference: Sections 713 and 4150, Fish and Game Code. s 479. Bobcat Pelts. Bobcat pelts may be taken only pursuant to the provisions of sections 465.5 and 478 of these regulations. (a) Any person who takes a bobcat shall, at any time during the trapping season or within 14 days after the end of the bobcat season, have the following appropriate department mark or tag affixed to the pelt. (1) Pelts from bobcats taken under a hunting license shall be tagged as provided in Section 478.1. Pelts taken by a licensed trapper for only his personal use shall, at no cost, be marked by the department. Such pelts shall not be sold. (2) Pelts from bobcats taken for commercial purposes under a trapping license shall be tagged with a department shipping tag. (b) It is unlawful for any person to sell, offer for sale, barter, trade, purchase, transport from this state, or offer for out-of-state shipment by any common carrier any bobcat pelts, or parts thereof unless the department has affixed a shipping tag to the pelt or parts thereof. (c) Shipping tags and marking are available from the department. All persons taking bobcat pelts under provisions established by the commission must personally present the pelt to a representative of the department for placement of the nontransferable tag or mark and shall furnish the following: (1) Date of take; (2) County of take and nearest major geographical landmark; (3) Sex; and (4) Method of take (trap, call or hounds). The department shall mark bobcat pelts and issue bobcat shipping tags for export of pelts at designated department offices during the trapping season and for a 14-day period immediately following the trapping season. An administrative fee of $3.00 shall be charged for the issuance of each shipping tag. There is no fee for marking bobcat pelts not for sale. (d) It is unlawful for any person to import, receive from out-of-state, or receive for sale, any bobcat pelt, or parts thereof that is not: (1) Marked with the current export or shipping tag from the state of origin. (2) Accompanied by an import declaration in accordance with Section 2353 of the Fish and Game Code, and specifying the number and kind of raw pelts in the shipment, the state in which the bobcats were taken, the license number under which they were taken and attesting that they were legally taken. Demonstration of the declaration of entry, pelt ownership and proof of legal take and marking is required of anyone receiving bobcat pelts from out-of-state upon the request of the department. The provisions of subsections (a), (b) and (c) shall not apply to raw bobcat pelts, or parts thereof, which were not taken in California. Note: Authority cited: Sections 3003.1 and 4150, Fish and Game Code. Reference: Sections 3003.1 and 4150, Fish and Game Code. s 479.1. Bobcat Pelts. Note: Authority cited: Section 4150, Fish and Game Code. Reference: Section 4150, Fish and Game Code. s 480. Bobcat Depredation. Any person taking a depredating bobcat pursuant to the provisions of Fish and Game Code Section 3003.1 and Section 465.5 of these regulations, shall notify the department within thirty days from the date any bobcat is taken. Note: Authority cited: Sections 3003.1 and 4150, Fish and Game Code. Reference: Sections 3003.1 and 4150, Fish and Game Code. s 485. American Crow. (a) Shotgun, Falconry, and Archery Seasons, and Bag and Possession Limits. (1) Seasons (2) Daily Bag and Possession Limits Season: The first Saturday in Bag Limit: December and extending 24 crows per day for 124 consecutive days Possession Limit: double the daily bag limit (3) Area: Statewide: see closure area (d) below (b) Crows may only be taken by shotguns 10 gauge or smaller using shot shells only and incapable of holding more than three shells in the magazine and chamber combined, bow and arrow, and falconry. Crows may not be hunted from aircraft. (c) No person shall kill or cripple a crow pursuant to this section without making a reasonable effort to retrieve the bird, and retain it in their actual custody at the place where taken or between that place and either: (1) their automobile or principal means of land transportation; or (2) their personal abode or temporary or transient place of lodging; or (3) a migratory bird preservation facility; or (4) a post office; or (5) a common carrier facility. (d) Crows may not be taken in the following areas: (1) Within the boundaries of the Trinity and Mendocino National Forests south of Highway 36. (2) North and east of a line beginning at the mouth of the Eel River; south along the Eel River to the town of Alton; east on Highway 36 from the town of Alton to Highway 89 west of Chester; south and east on Highways 89 and 395 to Interstate 15 near Hesperia; south on Interstate 15 to Interstate 10; and east on Interstate 10 to the California-Arizona border. (e) See Section 472(d) for the take of American crows causing depredation. Note: Authority cited: Sections 355, 356 and 3800, Fish and Game Code. Reference: Sections 355, 356 and 3800, Fish and Game Code. s 500. Pigeons, Band-Tailed. Note: Authority cited: Section 355, Fish and Game Code. Reference: Section 355, Fish and Game Code. s 501. Doves. Note: Authority cited: Section 355, Fish and Game Code. Reference: Sections 355 and 356, Fish and Game Code. s 502. Waterfowl, Migratory; American Coot and Common Moorhen (Common Gallinule). (a) Definitions. (1) Dark geese. Dark geese include Canada geese, cackling geese, Aleutian geese and white-fronted geese ( "specklebelly"). (2) Large Canada geese. Large Canada geese include western Canada geese ( "honker") and lesser Canada geese ( "lessers"). (3) Small Canada geese. Small (about the size of a mallard) Canada geese include cackling geese and Aleutian geese. Both are white-cheeked geese nearly identical in appearance to Large Canada geese. Aleutian geese have a thin white neck ring and Cackling geese have dark breasts. Both species have a high-pitched cackle as opposed to the deeper "honking". (4) White geese. White geese include Ross' geese and snow geese. (b) Waterfowl Hunting Zones. (1) Northeastern California Zone: In that portion of California lying east and north of a line beginning at the intersection of Interstate 5 with the California-Oregon line; south along Interstate 5 to its junction with Walters Lane south of the town of Yreka; west along Walters Lane to its junction with Easy Street; south along Easy Street to the junction with Old Highway 99; south along Old Highway 99 to the point of intersection with Interstate 5 north of the town of Weed; south along Interstate 5 to its junction with Highway 89; east and south along Highway 89 to Main Street in Greenville; north and east to its junction with North Valley Road; south to its junction of Diamond Mountain Road; north and east to its junction with North Arm Road; south and west to the junction of North Valley Road; south to the junction with Arlington Road (A22); west to the junction of Highway 89; south and west to the junction of Highway 70; east on Highway 70 to Highway 395; south and east on Highway 395 to the point of intersection with the California-Nevada state line; north along the California-Nevada state line to the junction of the California-Nevada-Oregon state lines west along the California-Oregon line state to the point of origin. (2) Southern San Joaquin Valley Zone: All of Kings and Tulare counties and that portion of Kern County north of the Southern California Zone. (3) Southern California Zone: In that portion of southern California (but excluding the Colorado River zone) lying south and east of a line beginning at the mouth of the Santa Maria River at the Pacific Ocean; east along the Santa Maria River to where it crosses Highway 166 near the City of Santa Maria; east on Highway 166 to the junction with Highway 99; south on Highway 99 to the crest of the Tehachapi Mountains at Tejon Pass; east and north along the crest of the Tehachapi Mountains to where it intersects Highway 178 at Walker Pass; east on Highway 178 to the junction of Highway 395 at the town of Inyokern; south on Highway 395 to the junction of Highway 58; east on Highway 58 to the junction of Interstate 15; east on Interstate 15 to the junction with Highway 127; north on Highway 127 to the point of intersection with the California-Nevada state line. (4) Colorado River Zone: In those portions of San Bernardino, Riverside, and Imperial counties lying east of the following lines: Beginning at the intersection of Highway 95 with the California-Nevada state line; south along Highway 95 to Vidal Junction; south through the town of Rice to the San Bernardino-Riverside county line on a road known as "Aqueduct Road" in San Bernardino County; south from the San Bernardino-Riverside county line on road known in Riverside County as the "Desert Center to Rice Road" to the town of Desert Center; east 31 miles on Interstate 10 to its intersection with the Wiley Well Road; south on this road to Wiley Well; southeast along the Army-Milpitas Road to the Blythe, Brawley, Davis Lake intersections; south on the Blythe-Brawley paved road to its intersection with the Ogilby and Tumco Mine Road; south on this road to Highway 80; east seven miles on Highway 80 to its intersection with the Andrade-Algodones Road; south on this paved road to the intersection of the Mexican boundary line at Algodones, Mexico. (5) Balance of State Zone: That portion of the state not included in Northeastern California, Southern California, Colorado River or the Southern San Joaquin Valley zones. (A) Special Management Areas 1. North Coast. All of Del Norte and Humboldt counties. 2. Humboldt Bay (South). Beginning at the intersection of the north boundary of Table Bluff County Park and the South Jetty Road; north along the South Jetty Road to the South Jetty; west along the South Jetty to the mean low water line of the Pacific Ocean; south along the mean low water line to its intersection with the north boundary of the Table Bluff County Park; east along the north boundary of the Table Bluff County Park to the point of origin. 3. Sacramento Valley (West). Beginning at the town of Willows; south on Interstate 5 to the junction with Hahn Road; east on Hahn Road and the Grimes-Arbuckle Road to the town of Grimes; north on Highway 45 to its junction with Highway 162; north on Highway 45-162 to the town of Glenn; west on Highway 162 to the point of beginning. 4. Morro Bay. Beginning at a point where the high tide line intersects the State Park boundary west of Cuesta by the Sea; northeasterly to a point 200 yards offshore of the high tide line at the end of Mitchell Drive in Baywood Park; northeasterly to a point 200 yards offshore of the high tide line west of the Morro Bay State Park Boundary, adjacent to Baywood Park; north to a point 300 yards south of the high tide line at the end of White Point; north along a line 400 yards offshore of the south boundary of the Morro Bay City limit to a point adjacent to Fairbanks Point; northwesterly to the high tide line on the sand spit; southerly along the high tide line of the sand spit to the south end of Morro Bay; easterly along the Park boundary at the high tide line to the beginning point. 5. Martis Creek Lake. The waters and shoreline of Martis Creek Lake, Placer and Nevada counties. 6. Northern Brant. Del Norte, Humboldt and Mendocino Counties. 7. Balance of State Brant. That portion of the state not included in the Northern Brant Special Management Area. (c) Statewide Seasons and Bag and Possession Limits for American Coots, and Common Moorhens. (1) Species (2) Season (3) Daily Bag and Possession Limits American Coot Concurrent with duck 25 per day, 25 in possession, and Common season(s) either all of one species or a Moorhen mixture of these species. (d) Seasons and Bag and Possession Limits for Ducks and Geese by Zone. (1) Northeastern California Zone (NOTE: SEE SUBSECTION (5)(D) BELOW FOR SPECIAL SEASONS AND CLOSURES.) (A) Species (B) Season (C) Daily Bag and Possession Limits Ducks (including From the first Daily bag limit: 7 Mergansers) Saturday in October Daily bag limit may include: extending for 105 days. up to 7 mallards, but not more than 2 females. 1 pintail (either sex). 1 canvasback (either sex). 2 redheads (either sex). 3 scaup. Possession limit: double the daily bag limit. Geese From the first Daily bag limit: 4 Saturday in October Daily bag limit may include: extending for 100 days. 4 white geese. 4 white-fronted geese 2 Large Canada geese (see definitions: 502(a)). 1 Small Canada goose (see definitions: 502(a)). Possession limit: double the daily bag limit. (2) Southern San Joaquin Valley Zone (NOTE: SEE SUBSECTION (5)(D) BELOW FOR SPECIAL SEASONS AND CLOSURES.) (A) Species (B) Season (C) Daily Bag and Possession Limits Ducks (including A split season from Daily bag limit: 7 Mergansers) the first Saturday in Daily bag limit may include: October extending for up to 7 mallards, but a period of 23 days and not more than 2 females. from the second Saturday 1 pintail (either sex). in November extending 1 canvasback (either sex). for a period of 79 days. 2 redheads (either sex). 3 scaup. Possession limit: double the daily bag limit. Geese From the third Daily bag limit: 4 Saturday in October Daily bag limit may include: extending for 100 days. 4 white geese. 4 white-fronted geese. 4 Large Canada geese (see definitions: 502(a)). 4 Small Canada geese (see definitions: 502(a)). Possession limit: double the daily bag limit. (3) Southern California Zone (NOTE: SEE SUBSECTION (5)(D) BELOW FOR SPECIAL SEASONS AND CLOSURES.) (A) Species (B) Season (C) Daily Bag and Possession Limits Ducks (including From the third Saturday Daily bag limit: 7 Mergansers) in October extending Daily bag limit may include: for 100 days. up to 7 mallards, but not more than 2 females. 1 pintail (either sex). 1 canvasback (either sex). 2 redheads (either sex). 3 scaup. Possession limit: double the daily bag limit. Geese From the third Daily bag limit: 5 Saturday in October Daily bag limit may include: extending for 100 days. 4 white geese. 3 dark geese (see definitions: 502(a)). Possession limit: double the daily bag limit. (4) Colorado River Zone (NOTE: SEE SUBSECTION (5)(D) BELOW FOR SPECIAL SEASONS AND CLOSURES.) (A) Species (B) Season (C) Daily Bag and Possession Limits Ducks (including From the Friday after Daily bag limit: 7 Mergansers). the third Sunday in Daily bag limit may include: October extending 7 mallards, but for 101 days. not more than 2 females or Mexican-like ducks. 1 pintail (either sex). 1 canvasback (either sex). 2 redheads (either sex). 3 scaup Possession limit: double the daily bag limit. Geese From October 20 Daily bag limit: 6 extending for 101 days. Daily bag limit may include: 4 white geese. 3 dark geese (see definitions: 502(a)). Possession limit: double the daily bag limit. (5) Balance of State Zone (NOTE: SEE SUBSECTION (D) BELOW FOR SPECIAL SEASONS AND CLOSURES.) (A) Species (B) Season (C) Daily Bag and Possession Limits Ducks (including From the third Saturday Daily bag limit: 7 Mergansers). in October extending for Daily bag limit may include: 100 days. up to 7 mallards, but not more than 2 females. 1 pintail (either sex). 1 canvasback (either sex). 2 redheads (either sex). 3 scaup. Possession limit: double the daily bag limit. Geese From the third Saturday Daily bag limit: 4 in October extending for Daily bag limit may include: 100 days EXCEPT in the 4 white geese. Sacramento Valley (West) 4 white-fronted geese Special Management Area EXCEPT in the where the white-fronted Sacramento Valley goose season will be open (West) Special from the last Saturday in Management Area where October through only 2 may be taken. December 14. 4 Large Canada geese (see definitions: 502(a)). 4 Small Canada geese (see definitions: 502(a)). Possession limit: double the daily bag limit. (D) Special Management Areas Area Species Season 1. North Coast All Canada Geese From the last Tuesday in October extending for a period of 90 days (Regular Season) and from the fourth Saturday in February extending for 15 days (Late Season). During the Late Season, hunting is not permitted on public areas. Daily bag limit: 4 Canada Geese of which only 1 may be a Large Canada goose (see definitions: 502(a)), EXCEPT during the Late Season the bag limit on Large Canada geese is zero. Possession limit: double the daily bag limit. 2. South All species Closed during brant season. Humboldt Bay 3. Sacramento White-Fronted Open from the last Saturday Valley (West) Geese in October through December 14, and during Youth Hunting Days. Daily bag limit: 2 white-fronted geese. Possession limit: double the daily bag limit. 4. Bay All species Open in designated area only. 5. Martis Creek Lake All species Closed until November 16. 6. Northern Brant Black Brant From the first Saturday in November extending for 30 days. Daily bag limit: 2 Possession limit: double the daily bag limit. 7. Balance of State Black Brant From the second Sunday in Brant November extending for 30 days. Daily bag limit: 2 Possession limit: double the daily bag limit. (e) Youth Hunting Days Regulations (NOTE: Youth hunters must be 15 years of age or younger and must be accompanied by a non-hunting adult 18 years of age or older.) (1) Statewide Provisions. (A) Species (B) Season (C) Daily Bag Limit Ducks (including 1. Northeastern Same as regular season. Mergansers), California Zone: The American Coot, Saturday fourteen days Common Moorhen, before the opening of Black Brant, Geese waterfowl season extending for 2 days. 2. Southern San Joaquin Valley Zone: The Saturday following the closing of waterfowl season extending for 2 days. 3. Southern California Zone: The Saturday following the closing of waterfowl season extending for 2 days. 4. Colorado River Zone: The Saturday following the closing of waterfowl season. 5. Balance of State Zone: The Saturday following the closing of waterfowl season extending for 2 days. (f) Falconry Take of Ducks (including Mergansers), Geese, American Coots, and Common Moorhens. (1) Statewide Provisions (A) Species (B) Season (C) Daily Bag and Possession Limits Ducks (including 1. Northeastern California Daily bag limit: 3 Mergansers), Zone. Open concurrently Daily bag limit makeup: Geese, American with duck season extending Either all of 1 species Coot and for 105 days. or a mixture of species Common allowed for take. Moorhen 2. Balance of State Zone. Possession limit: 6 Open concurrently with duck season extending for 107 days, except in the North Coast Special Management Area where the falconry season for geese runs concurrently with the season for Small Canada geese (see 502(d)(5)(D)(1). 3. Southern San Joaquin Valley Zone. Open concurrently with duck season and January 29-31, 2007. Goose hunting in this zone by means of falconry is not permitted. 4. Southern California Zone. Open concurrently with duck season extending for 107 days. 5. Colorado River Zone. Concurrent with duck season and from January 29-February 2, 2007. Goose hunting in this zone by means of falconry is not permitted. Federal regulations require that California's hunting regulations conform to those of Arizona, where goose hunting by means of falconry is not permitted. Note: Authority cited: Sections 202 and 355, Fish and Game Code. Reference: Sections 202, 355 and 356, Fish and Game Code. s 502.1. North Coast Canada Goose Hunt. Note: Authority cited: Sections 200, 202, 203 and 355, Fish and Game Code. Reference: Sections 200, 355 and 356, Fish and Game Code. s 503. Crop Damage. In accordance with the provisions of Section 355 of the Fish and Game Code and pursuant to the Migratory Bird Treaty Act, the Fish and Game Commission does hereby approve all orders and permits by the federal government authorizing the herding or take of migratory game birds to alleviate crop depredation. Note: Authority and reference cited: Migratory Bird Treaty Act and Section 355, Fish and Game Code. s 504. Possession, Transportation and Importation of Migratory Game Birds. Note: Authority and reference cited: 16 U.S.C.A., Section 703 et seq. (Migratory Bird Treaty Act); and Section 355, Fish and Game Code. s 505. Decoys. The use of live birds as decoys is prohibited. Note: Authority and reference cited: Migratory Bird Treaty Act and Section 355, Fish and Game Code. s 506. Shooting Hours. The shooting hours for migratory game birds, including mourning doves, white-winged doves, band-tailed pigeons, American coots, common moorhens, common snipe (jacksnipe), and waterfowl for all of California shall be from one-half hour before sunrise to sunset. Exception: In areas open to hunting on, over or adjacent to the waters of Morro Bay, San Luis Obispo County, the shooting time shall be from 7:00 a.m. to sunset. Note: Authority cited: Sections 202, 355 and 3000, Fish and Game Code. Reference: Sections 202, 355, 356 and 3000, Fish and Game Code. s 507. Provisions Related to the Taking of Migratory Game Birds. (a) Authorized Methods. Only the following methods may be used to take migratory game birds: (1) Falconry. (2) Bow and Arrows or Crossbows. Only arrows or crossbows bolts with flu- flu fletching may be used except that conventionally fletched arrows may be used to take waterfowl sitting on the water from scullboats or similar watercraft. Archers hunting during any archery season may not possess a firearm while in the field engaged in archery hunting. (3) Muzzle-loading Shotguns. (4) Shotguns 10 Gauge or Smaller. Shotguns 10 gauge or smaller using shot shells only and incapable of holding more than three shells in the magazine and chamber combined may be used. except no shotgun larger than 12 gauge shall be used in areas open to hunting on, over or adjacent to the waters of Morro Bay, San Luis Obispo County. If a plug is used to reduce the capacity of a magazine to fulfill the requirements of this section, the plug must be of one piece construction incapable of removal without disassembling the gun. Shotgun shells may not be used or possessed that contain shot size larger than No. BB in lead or T shot in steel or other nontoxic shot approved by the U.S. Fish and Wildlife Service. All shot shall be loose in the shell. (b) Use of Dogs. Dogs may be used to take and retrieve migratory game birds. (c) Prohibition on Electronic or Mechanically-operated Devices. Electronic or mechanically-operated calling or sound-reproducing devices are prohibited when attempting to take migratory game birds. It is unlawful to use electronic or mechanically-operated spinning blade devices or spinning wing decoys when attempting to take waterfowl between the start of waterfowl season and November 30. For the purposes of this regulation, wind-powered spinning blade devices and kites are not prohibited. (d) Live Decoy Prohibition. The use of live decoys is prohibited when attempting to take migratory game birds. Note: Authority cited: Section 355, Fish and Game Code. Reference: Sections 355, 356 and 3005, Fish and Game Code. s 507.1. Nontoxic Shot Requirement for Waterfowl, American Coot and Common Moorhen Hunting. Only bismuth-tin, steel, copper-plated steel, nickel-plated steel, tin-plated steel, zinc-plated steel, zinc chloride-plated steel, zinc chromate-plated steel, iron-tungsten, iron-tungsten-nickel, tungsten-bronze, tungsten-iron-copper-nickel, tungsten-matrix, tungsten-polymer, tungsten-tin-iron, tungsten-tin-bismuth, and tungsten-tin-iron-nickel or other nontoxic shot approved by the U.S. Fish and Wildlife Service may be used or possessed for waterfowl, American coot and common moorhen hunting statewide. Note: Authority cited: Section 355, Fish and Game Code. Reference: Sections 355 and 356, Fish and Game Code; and Part 20, Title 50, Code of Federal Regulations, as amended January 26, 2006 (FR Vol 71, No. 17, 4294-4297). s 507.5. Scull Boats. Migratory game birds may not be taken by a scull boat or similar watercraft while under motorized power. The motor shall be removed from its mountings before any take or approach is attempted. This section shall not prohibit shooting migratory game birds from scull boats or similar watercraft with motor attached if beached or anchored; nor shall it prohibit the use of a motor for the sole purpose of picking up dead or injured birds. Note: Authority and reference cited: Migratory Bird Treaty Act and Section 355, Fish and Game Code. s 508. Feeding of Migratory Waterfowl. Note: Authority cited: Sections 240, 355 and 3806, Fish and Game Code. Reference: Sections 240, 355 and 3806, Fish and Game Code. s 509. Concurrence with Federal Regulations. The regulations adopted by the United States through its Secretary of Interior under the Migratory Bird Treaty Act, as amended annually in Part 10, subparts A and B, and Part 20, Title 50, Code of Federal Regulations, are hereby adopted and made a part of this Title 14 except where said federal regulations are less restrictive than the provisions of Chapter 7 of this Title 14 (sections 500-509), the provisions of Chapter 7 prevail. Note: Authority cited: Section 355, Fish and Game Code. Reference: Part 10, subparts A and B, and Part 20, Title 50, CFR, amended Sept. 18, 1987, 52 Fed. Reg. 35248; and Sections 355 and 356, Fish and Game Code. s 510. State Duck Stamp. Any adult license holder taking ducks, geese, or brant must have a current state duck stamp affixed to their license. Note: Authority cited: Migratory Bird Treaty Act and Section 355, Fish and Game Code. Reference: Migratory Bird Treaty Act and Sections 355 and 3700, Fish and Game Code. s 550. Regulations for General Public Use Activities on All State Wildlife Areas Listed Below. (a) State Wildlife Areas: (1) Antelope Valley Wildlife Area (Sierra County) (Type C); (2) Ash Creek Wildlife Area (Lassen and Modoc counties) (Type B); (3) Bass Hill Wildlife Area (Lassen County), including the Egan Management Unit (Type C); (4) Battle Creek Wildlife Area (Shasta and Tehama counties); (5) Big Lagoon Wildlife Area (Humboldt County) (Type C); (6) Big Sandy Wildlife Area (Monterey and San Luis Obispo counties) (Type C); (7) Biscar Wildlife Area (Lassen County) (Type C); (8) Buttermilk Country Wildlife Area (Inyo County) (Type C); (9) Butte Valley Wildlife Area (Siskiyou County) (Type B); (10) Cache Creek Wildlife Area (Lake County), including the North Fork Cache Creek and Harley Gulch management units (Type C); (11) Camp Cady Wildlife Area (San Bernardino County) (Type C); (12) Cantara/Ney Springs Wildlife Area (Siskiyou County) (Type C); (13) Cedar Roughs Wildlife Area (Napa County) (Type C); (14) Cinder Flats Wildlife Area (Shasta County) (Type C); (15) Clear Lake Wildlife Area (Lake County), including the Rodman Slough Unit (Type C); (16) Collins Eddy Wildlife Area (Sutter and Yolo counties) (Type C); (17) Colusa Bypass Wildlife Area (Colusa County) (Type C); (18) Coon Hollow Wildlife Area (Butte County) (Type C); (19) Cottonwood Creek Wildlife Area (Merced County), including the Upper Cottonwood and Lower Cottonwood management units (Type C); (20) Crescent City Marsh Wildlife Area (Del Norte County); (21) Crocker Meadow Wildlife Area (Plumas County) (Type C); (22) Daugherty Hill Wildlife Area (Yuba County) (Type C); (23) Decker Island Wildlife Area (Solano County) (Type C); (24) Doyle Wildlife Area (Lassen County) (Type C); (25) Dutch Flat Wildlife Area (Modoc County) (Type C); (26) East Walker River Wildlife Area (Mono County) (Type C); (27) Eel River Wildlife Area (Humboldt County) (Type C); (28) Elk Creek Wetlands Wildlife Area (Del Norte County); (29) Elk River Wildlife Area (Humboldt County) (Type C); (30) Eureka Slough Wildlife Area (Humboldt County); (31) Fay Canyon Wildlife Area (Alpine County) (Type C); (32) Fay Slough Wildlife Area (Humboldt County) (Type C); (33) Feather River Wildlife Area (Sutter and Yuba counties), including the Abbott Lake, Lake of the Woods, Marysville, Morse Road, Nelson Slough, O'Connor Lakes, Shanghai Bend, and Star Bend management units (Type C); (34) Fremont Weir Wildlife Area (Yolo County) (Type C); (35) Fitzhugh Creek Wildlife Area (Modoc County) (Type C); (36) Grass Lake Wildlife Area (Siskiyou County) (Type C); (37) Gray Lodge Wildlife Area (Butte and Sutter counties) (Type A); (38) Green Creek Wildlife Area (Mono County) (Type C); (39) Grizzly Island Wildlife Area (Solano County), including the Garibaldi Crescent (Type A), Gold Hills (Type B), Goodyear Slough (Type B), Grey Goose (Type C), Grizzly Island (Type A), Island Slough (Type B), Joice Island (Type A), West Family (Type B) and Montezuma Slough management units; (40) Hallelujah Junction Wildlife Area (Lassen and Sierra counties) (Type C); (41) Heenan Lake Wildlife Area (Alpine County) (Type C); (42) Hill Slough Wildlife Area (Solano County); (43) Hollenbeck Canyon Wildlife Area (San Diego County) (Type C); (44) Honey Lake Wildlife Area (Lassen County) (Type B); (45) Hope Valley Wildlife Area (Alpine County) (Type C); (46) Horseshoe Ranch Wildlife Area (Siskiyou County) (Type C); (47) Imperial Wildlife Area (Imperial County), including the Wister Management Unit (Type A) and Finney Ramer Management Units (Type C); (48) Indian Tom Wildlife Area (Siskiyou County) (Type C); (49) Indian Valley Wildlife Area (Lake County) (Type C); (50) Kelso Peak and Old Dad Mountains Wildlife Area (San Bernardino County) (Type C); (51) Kinsman Flat Wildlife Area (Madera County) (Type C); (52) Knoxville Wildlife Area (Napa and Yolo counties) (Type C); (53) Laguna Wildlife Area (Sonoma County) (Type C); (54) Lake Berryessa Wildlife Area (Napa County) (Type C); (55) Lake Earl Wildlife Area (Del Norte County) (Type C); (56) Lake Sonoma Wildlife Area (Sonoma County) (Type C); (57) Little Panoche Reservoir Wildlife Area (Fresno County) (Type C); (58) Los Banos Wildlife Area (Merced County) (Type A); (59) Lower Sherman Island Wildlife Area (Sacramento County) (Type C); (60) Mad River Slough Wildlife Area (Humboldt County) (Type C); (61) Marble Mountains Wildlife Area (San Bernardino County) (Type C); (62) Mendota Wildlife Area (Fresno County) (Type A); (63) Merrill's Landing Wildlife Area (Tehama County) (Type C); (64) Miner Slough Wildlife Area (Solano County) (Type C); (65) Monache Meadows Wildlife Area (Tulare County) (Type C); (66) Morro Bay Wildlife Area (San Luis Obispo County) (Type C); (67) Moss Landing Wildlife Area (Monterey County) (Type C); (68) Mouth of Cottonwood Creek Wildlife Area (Shasta and Tehama counties) (Type C); (69) Mud Lake Wildlife Area (Siskiyou County) (Type C); (70) Napa-Sonoma Marshes Wildlife Area (Solano, Napa, and Sonoma counties), including the American Canyon, Coon Island, Dutchman Slough, Huichica Creek, Napa River, Ringstrom Bay, Sonoma Creek, Tolay Creek, White Slough, and Wingo management units (All Type C, except White Slough); (71) North Grasslands Wildlife Area (Merced and Stanislaus counties), including the China Island, Gadwall, and Salt Slough management units (Type A); (72) O'Neill Forebay Wildlife Area (Merced County) (Type C); (73) Oroville Wildlife Area (Butte County), including the Thermalito Afterbay Management Unit (Type C); (74) Petaluma Marsh Wildlife Area (Marin and Sonoma counties), including the Black John Slough, Burdell, Day Island, Green Point, Novato Creek, Petaluma River, Point Sonoma, and Rush Creek management units (Type C); (75) Pickel Meadow Wildlife Area (Mono County (Type C)); (76) Pine Creek Wildlife Area (Modoc County) (Type C); (77) Point Edith Wildlife Area (Contra Costa County) (Type C); (78) Putah Creek Wildlife Area (Solano County) (Type C); (79) Rector Reservoir Wildlife Area (Napa County) (Type C); (80) Red Lake Wildlife Area (Alpine County) (Type C); (81) Rhode Island Wildlife Area Contra Costa County (Type C); (82) Sacramento Bypass Wildlife Area (Yolo County) (Type C); (83) Sacramento River Wildlife Area (Butte, Colusa, and Glenn counties) (Type C); (84) San Felipe Valley Wildlife Area (San Diego County) (Type C); (85) San Jacinto Wildlife Area (Riverside County) including the Davis Road Unit, and the Potrero Unit (Type A); (86) San Luis Obispo Wildlife Area (San Luis Obispo County); (87) San Luis Reservoir Wildlife Area (Merced County) (Type C); (88) San Pablo Bay Wildlife Area (Marin and Sonoma counties) (Type C); (89) Santa Rosa Wildlife Area (Riverside County) (Type C); (90) Shasta Valley Wildlife Area (Siskiyou County) (Type B); (91) Sheepy Ridge Wildlife Area (Siskiyou County) (Type C); (92) Silver Creek Wildlife Area (Lassen County) (Type C); (93) Slinkard-Little Antelope Wildlife Area (Mono County) (Type C); (94) Smithneck Creek Wildlife Area (Sierra County) (Type C); (95) South Fork Wildlife Area (Kern County) (Type C); (96) Spannus Gulch Wildlife Area (Siskiyou County) (Type C); (97) Spenceville Wildlife Area (Yuba and Nevada counties) (Type C); (98) Surprise Valley Wildlife Area (Modoc County) (Type C); (99) Sutter Bypass Wildlife Area (Sutter County) (Type C); (100) Tehama Wildlife Area (Tehama County) (Type C); (101) Truckee River Wildlife Area (Placer and Nevada counties), including the Boca, Polaris, Union Ice, and West River management units (Type C); (102) Upper Butte Basin Wildlife Area (Butte and Glenn counties), including the Howard Slough, Little Dry Creek, and Llano Seco management units (Type A); (103) Volta Wildlife Area (Merced County) (Type A); (104) Walker River Wildlife Area (Mono County) (Type C); (105) Waukell Creek Wildlife Area (Del Norte County) (Type C); (106) Warner Valley Wildlife Area (Plumas County) (Type C); (107) West Hilmar Wildlife Area (Merced and Stanislaus counties) (Type C); (108) White Slough Wildlife Area (San Joaquin County) (Type C); (109) Willow Creek Wildlife Area (Lassen County) (Type B); (110) Yolo Bypass Wildlife Area (Yolo County). (b) Area Regulations: (1) Regional Manager's Authority: The regional manager shall have the authority to regulate public use of State wildlife areas where such use is not provided for in these regulations or in sections 551 and 552 of this title. (2) Entry Restrictions. The department may limit the number of persons entering any area listed in section 550 or 551 of this title during any period for safety reasons, to reduce crowding, to provide for the limited take of a species, or may close portions of areas or close areas entirely to public entry or to specific activities. No person shall enter an area that has been closed to the public, except by written permission of the regional manager. On wildlife areas where entry and exit sites are designated by the department, no person shall enter or leave except at designated sites. (3) Procedures for Issuing Entry Permits. In the event that the department elects to limit the number of hunters, trappers, or other users, entry permits will be issued on a first-come, first-served basis, or by a drawing to be held at a designated department office. The department shall inform the commission in writing and the public via the news media of any implementation of the provisions of this subsection, when limits imposed under this subsection differ substantially for a specific area from the prior year. Such notification shall include: the State wildlife area affected, the time period, the reason for the limitation or closure, the number of entry permits to be issued, and the method of issuance. (4) Permit Requirements. No person shall enter any State wildlife area or portion thereof where the department has limited public entry without a valid entry permit in their immediate possession. [See subsections 551(f), (g), and (h) for regulations regarding general requirements and costs for individual entry permits. See subsection 551(q) for entry permit requirements for specific areas.] Upon leaving the State wildlife area, the permit must be completed and returned to the checking station, or drop box. (5) Use Permits for Organized Events. Any person organizing an event or gathering to be conducted on a State wildlife area shall obtain a use permit from the appropriate regional manager. Such events or gatherings shall be compatible with wildlife area objectives. (6) Motor Driven Vehicles. (A) No person shall drive, operate, leave, place, or stop any motor driven vehicle or trailer on any State wildlife area except on public or established roads or on designated jeep trails and such other areas as designated by the Department. No person shall park or leave any motor driven vehicle or trailer in any area where signs prohibiting parking are posted. The Department may designate the parking lot where a person must park a vehicle while on the wildlife area. (B) No person shall drive a vehicle carelessly in willful disregard of the rights or safety of others, or without due caution or at a speed or in a manner likely to endanger any person, property, or wildlife. (7) Signs, Traffic and Road Closures. (A) Drivers of motor driven vehicles operated within the wildlife areas shall comply with the directions of traffic signs posted in the area by the department. (B) No person shall damage, remove, or destroy any barrier, sign, signpost, or signboard on any wildlife area. (8) Boats. (A) The department may restrict the use and operation of boats on State wildlife areas, department administered national wildlife refuges, and State recreation areas to protect natural resources or provide for the orderly operation of hunting and fishing programs on these areas. Boating restrictions may include, but not be limited to, limiting boat speeds, limiting motor size and type, or prohibiting the use of motors. During the times waterfowl are present, the provisions of Section 251 of this Title will also apply. (B) Except as prohibited in subsection 551(q), boats may be used under the following regulations on State wildlife areas, department administered national wildlife refuges, and State recreation areas. 1. When launch sites are designated by the department, all boats must be launched and removed from those sites. 2. All persons shall remove their boats from the waters when instructed to do so by an employee of the department. 3. The use of boats may be restricted to certain zones designated by the department. 4. Boat speed shall not exceed five miles per hour. (9) Vandalism and Litter. (A) No person shall tamper with, damage, or remove any property not his own when such property is located within a State wildlife area. (B) No person shall leave, deposit, drop, bury, or scatter bottles, broken glass, feathers, hides, wastepaper, cans, sewage, or other rubbish in any State wildlife area except in a receptacle or area designated for that purpose, and no person shall import and deposit any rubbish or toxic substance into State wildlife areas from other places. Where no designated receptacles are provided, any refuse resulting from a person's use of the area must be removed from the area by such person. (10) Trees and Minerals. (A) No person shall dig up, cut, damage, or remove from a wildlife area any trees, shrubs, vines, plants or wood, except that vegetation may be cut and used for the purpose of building blinds, unless otherwise directed by the area manager. (B) No person shall dig up or remove any humus, soil, sand, gravel, or rock. (11) Bottles and Artifact Collecting. No person shall collect or remove bottles or artifacts, or dig or otherwise disturb the soil to locate or remove bottles or artifacts, from any Wildlife Area. (12) Camping and Unattended Personal Property. No person shall camp in any part of a State wildlife area except in areas designated by the department. (See subsection 551(q) for additional camping restrictions on specific areas). Camping on wildlife areas shall be limited to not more than seven consecutive days, and not more than 14 days total in any calendar year, except by written permission of the Regional Manager. Personal property may not be left on State wildlife areas for camping or other purposes, except at authorized locations. Decoys may not be left in the field overnight, except as provided in subsection 551(q). Any hunting blinds on wildlife areas shall be available on a first-come, first-served basis. (13) Fires. From April 30 through October 30 on Type C areas, and during the entire year on Type A and B areas, no person shall build or maintain fires except in portable gas stoves, in charcoal briquette barbeques, or in fireplaces at sites developed by the department. No fire shall be left unattended and all fires shall be extinguished with water before leaving. (See subsection 551(q) for additional fire restrictions.) (14) Use of Dogs and Field Trials. The department may prohibit or restrict the use of dogs on any State wildlife area (see subsection 551(q)). Except as further prohibited in subsection 551(q), dogs are allowed only for hunting or when under immediate control. Dogs must be leashed at designated campsites and check station areas. Special permits are required for field trials. Dog training is allowed only in areas designated by the department. (15) Pesticides Use. No person, other than authorized federal, state, or local employees conducting a pest control program approved by the department, shall apply any pesticide in any State wildlife area. (16) Livestock. No person shall permit livestock, including but not limited to cattle, horses, sheep, goats, and hogs, to browse, graze, bed, cross, or otherwise trespass on any State wildlife area except under an authorized grazing permit issued by the department. The recreational use of horses is allowed, except as designated in subsection 551(q). Persons who fail to remove their livestock from any State wildlife area within 48 hours after receiving official notice of trespass by the regional manager through certified mail, shall be in violation of this section. (17) Fish and Frogs. Fish and frogs may not be taken for commercial purposes (see subsection 551(q) for specific area regulations). (18) Hunting and Trapping. Hunting and trapping shall be allowed on State wildlife areas during the regular open seasons subject to subsection 550(b)(19), 551(b), and 551(q), and such other area use regulations as specified by the regional manager. (19) Special Restrictions. (Areas where hunting and possession of firearms and archery equipment is prohibited). No person, except authorized personnel, shall possess or discharge a firearm, bow and arrow, air or gas gun, spear gun, or other propulsive device of any kind in the following areas: Battle Creek, Crescent City Marsh, Elk Creek Wetlands, Eureka Slough, and Hill Slough wildlife areas; Cordelia Slough and Montezuma Slough management units of Grizzly Island Wildlife Area; White Slough Unit of Napa-Sonoma Marshes Wildlife Area; and Day Island, Green Point, Novato Creek, Point Sonoma, and Rush Creek units of the Petaluma Marsh Wildlife Area. (20) Possession and use of Alcohol. No person shall possess or use alcohol while in the field hunting or engaged in other authorized recreational activities on any State wildlife area or Federal wildlife refuge. For the purpose of this section, "in the field" is defined as all areas except checking stations and designated parking areas. (21) Ejection. The department may eject any person from a State wildlife area for violation of any of these rules or regulations or for disorderly conduct, intoxication, or when a department employee determines that the general safety or welfare of the area or persons thereon is endangered. The decision, in such respect, of any department employee assigned management or enforcement responsibilities for the area shall be final. (22) User Responsibility for Knowing Regulations. All wildlife area users shall be responsible for area-specific regulations listed under subsection 551(q). Failure to comply with any of the area-specific regulations shall be a violation of this subsection. Note: Authority cited: Sections 200, 202, 203, 355, 713, 1050, 1526, 1528, 1530, 1570-1572, 1765 and 10504, Fish and Game Code. Reference: Sections 355, 711, 713, 1050, 1055.3, 1526, 1528, 1530, 1570-1572, 1585, 1764, 1765, and 10504, Fish and Game Code.Authority cited: Sections 200, 202, 203, 355, 713, 1050, 1526, 1528, 1530, 1570-1572, 1765 and 10504, Fish and Game Code. Reference: Sections 355, 711, 713, 1050, 1055.3, 1526, 1528, 1530, 1570-1572, 1585, 1764, 1765, and 10504, Fish and Game Code. s 551. Hunting, Firearms, and Archery Equipment Use and Permit Requirements on State and Federal Areas. (a) The following regulations apply to areas listed below: (1) State wildlife areas listed in Section 550. (See subsection 550(b)(19) for areas where possession and use of firearms and archery equipment are completely prohibited.) (2) Areas operated in cooperation with the U.S. Fish and Wildlife Service (for additional regulations for Federal areas, see Section 552): (A) Colusa National Wildlife Refuge, Type A (Colusa County); (B) Delevan National Wildlife Refuge, Type A (Colusa County); (C) Kern National Wildlife Refuge, Type A (Kern County); (D) Merced National Wildlife Refuge, Type A (Merced County); (E) Sacramento National Wildlife Refuge, Type A (Glenn and Colusa counties); (F) San Luis National Wildlife Refuge, Type A (Merced County), including the San Luis, Kesterson, West Bear Creek, Freitas, and Blue Goose Units; (G) Sonny Bono Salton Sea National Wildlife Refuge, Type A (Imperial County) (operated with the Imperial Wildlife Area); (H) Sutter National Wildlife Refuge, Type A (Sutter County). (3) Areas operated in cooperation with other Federal agencies: (A) Baldwin Lake, Type C (San Bernardino County); (B) Volta Wildlife Area, Type A (Merced County); (C) Lake Sonoma Wildlife Area, Type C (Sonoma County). (4) Areas operated in cooperation with other State agencies: (A) Lake Earl Project Area, Type C (Del Norte County) (Unclassified land administered by the Department of Parks and Recreation); (B) O'Neill Forebay Wildlife Area, Type C (Merced County); (C) San Luis Reservoir Wildlife Area, Type C (Merced and Santa Clara counties); (D) Little Panoche Reservoir Wildlife Area, Type C (Fresno County); (E) Perris Reservoir State Recreation Area, area day use fee (Riverside County). (F) Clifton Court Forebay, Type C (Contra Costa County). (b) Method of Take. (1) Firearms and Archery Equipment, General: Except as otherwise provided, no person shall possess in the field or discharge a firearm, bow and arrow, air or gas gun, or other propulsive device of any kind on any wildlife area (see section 551(b)(9)). (2) Except as otherwise provided, no shotguns larger than twelve gauge and no rifles, pellet guns, combination rifle-shotguns, pistols, archery equipment, or revolvers shall be possessed in the field or discharged on any Type A or Type B areas. All legal firearms and archery equipment may be used on Type C areas unless prohibited (see subsection 551(q)). (3) Shotgun shells shall not contain shot size larger than size BB in lead and size T in steel. On those areas where big game species may be hunted, shotguns with slugs may be used. (4) At Grizzly Island Wildlife Area and on all national wildlife refuges listed in Section 552, only steel or other nontoxic shot approved by the U.S. Fish and Wildlife Service may be used or possessed in the field. (5) Archery equipment shall not be used during the waterfowl and pheasant seasons on Type A and B areas, unless provided for in subsection 551(q). (6) Loaded firearms, as defined in Section 2006 of the Fish and Game Code, are prohibited in the parking lots on all wildlife areas and on national wildlife refuges listed in Section 552. (7) On Type C areas, raptors may be used to take legal game in accordance with general hunting regulations. (8) On Type A and B state wildlife areas, raptors may be used to take legal game only from the first Saturday following the end of the general waterfowl season through the end of the falconry pheasant season. Raptors may be used only on Saturdays, Sundays, and Wednesdays. (9) Except as otherwise provided, an adult-supervised youth may possess and discharge a BB gun on any wildlife area. A BB gun is not an authorized method of take and may not be used to take wildlife on any wildlife area. A BB gun is defined as an air and/or spring-actuated rifle similar to Daisy BB gun models 95 (Timberwolf), 105 (Buck), or 1938 (Red Ryder), firing a spherical BB no longer than 0.177 inches in diameter (4.5mm) at a muzzle velocity no greater than 350 feet per second. For the purpose of this section a youth is defined as a person under the age of 16. (c) Nonhunting Uses of Firearms and Archery Equipment: (1) Except at designated shooting sites or with a special permit, possession in the field and use of firearms and archery equipment is permitted only for the purpose of hunting on all wildlife areas and on national wildlife refuges listed in Section 552. (2) No glass or porcelain targets shall be used on any wildlife area. Clay targets shall be used only at designated sites where their use is permitted. (d) Hunting Days: (1) Except as provided for in subsection 551(q), waterfowl may be taken on Type A and Type B areas only on Saturdays, Sundays, and Wednesdays. (2) All Type A and Type B areas shall be closed to hunting on Christmas Day, except for the following Type B areas: Island Slough and Gold Hills units of Grizzly Island Wildlife Area. These areas will be open to hunting on Christmas Day when Christmas occurs on a Wednesday, Saturday, or Sunday. (3) On Type C areas, shooting days shall be daily except as noted in subsections 551(b) and 551(q). (e) Shooting Hours: Waterfowl: Except as provided for in subsection 551(q), shooting hours on all Type A and Type B areas shall be the legal waterfowl shooting hours as designated by the U.S. Fish and Wildlife Service. Other Species: Except as noted in subsection 551(q), other species may be taken only during the hours designated for the taking of each species under the regulatory powers of the commission or U.S. Fish and Wildlife Service. (f) Requirements for Entry Permits and Trespass: No person shall enter upon any area listed in sections 550 or 551 of this Title where the department requires a valid daily entry permit without the required entry permit in their immediate possession, or unless otherwise authorized by the department. Entry or exit must be made at locations designated by the department. Daily entry permits are required to hunt during the waterfowl and pheasant seasons on Type A and B areas. During this period daily entry permits must be returned to the checking stations where issued within one and one half hours after sunset unless otherwise designated in 551(g). Daily entry permits also may be required at other times on Type A and B areas or on Type C areas (see subsection 551(q)). (g) Season Pass, Two-day Pass, and Entry Permits: (1) To obtain a daily entry permit to hunt during the waterfowl and pheasant seasons on Type A areas, possession of a Type A season pass, a Type A two-day pass, or a one-day entry permit is required, except as provided in subsection 551(q). Season passes and two-day passes may be issued by department offices and license agents. The department may issue season passes, two-day passes and one-day entry permits at Type A checking stations. Persons hunting under the authority of a junior hunting license are exempt from these permit and pass requirements and shall be issued a no-fee entry permit. (2) A Type A season pass shall be issued upon payment of the fee specified in Section 702. A Type B season pass shall be issued upon payment of the fee specified in Section 702. (3) On Type B areas during the waterfowl and pheasant seasons, a Type B season pass or a Type A season pass is required to obtain a daily entry permit for all hunting, unless otherwise provided in subsections 551(q). (4) A one-day entry permit shall be issued upon payment of the fee specified in Section 702. A two-day pass shall be issued upon payment of the fee specified in Section 702. (2) The base fee for a Type A season pass is $106.75 and the base fee for a Type B season pass is $35.50. These fees shall be adjusted annually, as required under Fish and Game Code Section 713. Holders of junior hunting licenses are exempt from these fees. (3) On Type B areas during the waterfowl and pheasant seasons, a Type B season pass or a Type A season pass is required to obtain a daily entry permit for all hunting, unless otherwise provided in subsections 551(q) or 551(1)(3). (4) The fee for a one-day entry permit is $14.00 and the fee for a two-day pass is $23.00. Holders of junior hunting licenses are exempt from these fees. (5) At State recreation areas included in subsection 551(a)(4), the entry permit fee for hunting shall be the recreation area day-use fee. (6) On Type C areas (all wildlife areas not listed as Type A, Type B, or State recreation areas in Section 551), no fees for hunting are required. (7) On some areas (see subsection 551(q)), day use passes are required for all public access. Fees may be charged (see Fish and Game Code Section 1765). (h) Issuance of One-day Entry Permits: (1) Hunters with season passes shall not receive priority in the issuance of daily entry permits over hunters who do not have season passes. (2) Holders of junior hunting licenses will be issued entry permits only when accompanied by an adult. An adult is defined as a person at least 18 years old. An adult may be accompanied by up to two junior hunters. On Type A and B areas, adults must accompany junior hunters in the field. On Type A and B areas when a non-shooter accompanies a junior hunter, the non-shooter will be considered a hunter possessing valid resident or nonresident hunting license in establishing his or her place in line. Persons 16 or 17 years of age in possession of a valid resident or nonresident hunting license will be issued entry permits and may hunt by themselves, but may not be accompanied by junior hunters. (3) Entry permits must be returned, as required by the department, when departing the area. Hunters are required to report the number and species of all game taken, as required by the department, before departing the area. (4) No person shall apply for, obtain, use, or have in his or her possession while hunting, any one-day entry permit which has not been issued to that person by the department or which is a duplicate, forgery, or alteration of an official department form; or which has been obtained by use of a non-validated or fraudulent application or advance reservation form. Any person who violates this section shall be barred from all State-operated areas for one calendar year following the date of discovery of the violation by the department. (5) Any person who violates regulations governing drawing procedures for hunting opportunities on State-operated areas, other than reservation drawings described in subsection 551(j), shall not be issued a permit for that day, or shall be ejected for that day if a permit has been issued, and shall be denied entry for the remainder of the season. (i) Daily Entry Permit Revocations, Refusals, and Ejections: On Type A and Type B areas the department is authorized to refuse to issue a one-day entry permit to anyone and to revoke this permit and eject the holder forthwith from the area for disorderly conduct, intoxication, or for any other reason when it appears that the general safety or welfare of the area, or persons thereon, is endangered. Decision of the department employee assigned management or enforcement responsibilities for the area in such respect shall be final. Any person whose entry permit has been revoked shall not be entitled to hunt or access any State operated hunt area or on any wildlife area for one calendar year from the date of discovery. Persons affected by this section may appeal such actions to the commission. (j) Reservations: (1) Advance reservations for waterfowl and pheasant hunting will be available for certain areas as specified under subsections 551(q) and 552(a). (2) Reservations shall be issued by random drawing. The department shall make applications available to the public through license agents and department offices. Applicants must possess a California resident, junior or nonresident hunting license valid for the waterfowl hunting season for which they are applying. Two-day nonresident hunting licenses shall not be used to apply for reservation drawings. To be included in a reservation drawing, applications must be received by the department at the address specified on the application at least 17 days prior to the hunt date. Late, incomplete, or incorrect applications will not be included in the drawing. The fee to apply for a reservation is specified in Section 702. Hunters may apply for reservations using one or more of the following applications: (A) One-Choice Reservation Application (B) Five-Choice Reservation Application (C) Season-Long Reservation Application - hunters may apply for every available hunt date for one or more areas by completing a season-long reservation application form and returning it with the appropriate payment to the department at the address specified on the application. (D) Reservation application fees are not refundable. (3) Multiple Applications: (A) The applicant is limited to one application for each area for each authorized shoot date as specified under subsections 551(q) and 552(a), unless otherwise specified in subsection 551(q). (B) The department may eliminate from any drawing all applications not in compliance with these regulations. Persons who submit more than one application for the same shoot date for the same area may be barred from hunting on State-operated areas for a period of one year following the date of discovery of the violation by the department. Any reservation issued to any person as a result of such improper submission, or to any person already barred from the State-operated areas, shall be void and of no force and effect. (4) Priorities: Unless otherwise stated on the reservation or on information mailed with the reservation, upon paying the appropriate fee for a one-day entry permit or presenting a two-day pass or season pass, successful applicants shall be granted a one-day entry permit during the waterfowl or pheasant season, a one-day permit shall be granted, however, only if the applicant's reservation was issued by the department in the applicant's name and is for the area requested. Applicants must enter, at the appropriate checking station on the assigned or stated hunt date. Unless otherwise provided for, the reservation will expire one and one-half hours before waterfowl shoot time. For some areas, reservations will be numbered by the department in the order in which they are drawn. These reservations will be accepted at checking stations in that order, only if the reservation holder is present at the time the number is called. (5) Except as provided for in subsections 551(j)(6) or 551(q), or Section 552, a reservation shall assure entry for up to six persons. No more than two may be adult (see subsection 551(h)(2)) hunters who have valid resident or nonresident licenses and no more than two may be persons 16 or 17 years of age in possession of a valid resident or nonresident hunting license (see subsection 551(h)(2)). Each adult may be accompanied by up to two hunters holding junior licenses or two non-shooters irrespective of age, or one of each. Non-shooters are defined as persons who wish to accompany a permittee in the field or remain at a designated parking space. Non-shooters shall not discharge or possess ammunition or a firearm on the area. (6) If hunting a special blind area, a reservation will assure entry of no more persons (adult hunters, junior hunters, and/or nonshooters) than will fill the blind. (7) Unless otherwise provided for in this section, the advance reservation system only serves to assure entry onto the area and does not necessarily constitute a method for prioritization over other users. (k) Deferred Openings: When the department considers such deferment desirable to protect agricultural crops from waterfowl, it is hereby authorized and directed to defer opening to public access any area until in the opinion of the department the danger of crop damage in the immediate region is abated. (l) Species Allowed: (1) On Type A and Type B areas, only ducks, geese, coots, moorhens, and snipe which are then in season may be legally taken by permittees on designated shooting days during the open waterfowl hunting season; unless otherwise provided under this section or Section 552 of these regulations. (2) Pheasant Hunting: Pheasant hunting shall be permitted as provided for in subsection 551(q) and Section 552. The regional manager may authorize junior pheasant hunts during or outside the general pheasant season. (3) Hunting on Type C areas General: Except as provided for in subsection 551(q), hunting is permitted for each authorized species allowed to be hunted on each area, during the open season of that species. (4) Turkey Hunting: Turkey hunting shall be permitted as provided for in subsection 551(q) and Section 552. The regional manager may authorize junior turkey hunts on state wildlife areas during the regular season. (m) Assigned Hunting Zones: In order to assure proper hunter dispersal and to promote safety, the department may subdivide the open hunting portion of any Type A or Type B area into zones and assign hunters to these zones or designate where hunters shall park. (n) Posting Closed Areas: Any portion of any State wildlife area and any adjoining lands under control of the department, may be closed to hunting or public access by the department by posting such lands with signs at least five (5) to the mile. (o) Penalties: Failure to comply with regulations contained in sections 550, 551, or 552 may result in any or all of the following: (1) denial of permission to enter a State-operated area; and/or (2) revocation of any permit already issued; and/or (3) ejection from the area for one calendar year from the date of discovery; and/or (4) citation under the provisions of the Fish and Game Code or Title 14 of the California Code of Regulations. A proceeding under (1), (2), (3) or (4) will not preclude the invocation of any other remedy. (p) Enforcement of Regulations: These regulations shall be incorporated by reference into and become a part of all permits. (q) ADDITIONAL REGULATIONS FOR SPECIFIC AREAS In addition to the regulations in Section 550 and subsections 551(a) through 551(p), the following areas have special regulations which are listed below (see Section 552 for additional regulations on national wildlife refuges on which the department manages hunting programs): Antelope Valley Wildlife Area, Type C (Sierra County); Ash Creek Wildlife Area, Type B (Modoc and Lassen counties); Baldwin Lake, Type C (San Bernardino County); Bass Hill Wildlife Area, Type C (Lassen County); Battle Creek Wildlife Area, (Shasta and Tehama counties); Big Lagoon Wildlife Area, Type C (Humbolt County); Big Sandy Wildlife Area, Type C (Monterey and San Luis Obispo counties); Butte Valley Wildlife Area, Type B (Siskiyou County); Cache Creek Wildlife Area, including the North Fork Cache Creek and Harley Gulch Management Units, Type C (Lake County); Clifton Court Forebay, Type C (Contra Costa County); Collins Eddy Wildlife Area, Type C (Sutter and Yolo counties); Colusa Bypass Wildlife Area., Type C (Colusa County); Cottonwood Creek Wildlife Area, Type C (Merced and Santa Clara counties); Daugherty Hill Wildlife Area, Type C (Yuba County); Decker Island Wildlife Area, Type C (Solano County); Eel River Wildlife Area, Type C (Humboldt County); Elk River Wildlife Area, Type C (Humboldt County); Fay Slough Wildlife Area, Type C (Humboldt County); Feather River Wildlife Area, including the Abbot Lake, Lake of the Woods, Marysville, Morse Road, Nelson Slough, O'Connor Lakes, Shanghai Bend, and Star Bend management units. Type C (Yuba and Sutter counties); Fremont Weir Wildlife Area, Type C (Sutter and Yolo counties); Gray Lodge Wildlife Area, including the west side and east side units, Type A (Butte County); Grizzly Island Wildlife Area, including the Type A Crescent, Joice Island, and Grizzly Island management units, the Type B Gold Hills, Goodyear Slough, West Family, and Island Slough management units, the Type C Grey Goose Management Unit, and the Garibaldi, and Montezuma Slough management units (Solano County); Hallelujah Junction Wildlife Area, Type C (Lassen and Sierra counties); Heenan Lake Wildlife Area, Type C (Alpine County); Hollenbeck Wildlife Area, Type C (San Diego County); Honey Lake Wildlife Area, including the Dakin and Fleming units, Type B (Lassen County); Hope Valley Wildlife Area, Type C (Alpine County); Horseshoe Ranch Wildlife Area, Type C (Siskiyou County); Imperial Wildlife Area, including the Type A Wister Unit and the Type C Finney Ramer Unit (Imperial County); Indian Valley Wildlife Area, Type C (Lake County); Kinsman Flat Wildlife Area, Type C (Madera County); Knoxville Wildlife Area, Type C (Napa and Yolo counties) Laguna Wildlife Area, Type C (Sonoma County); Lake Berryessa Wildlife Area, Type C (Napa County); Lake Earl Wildlife Area, Type C (Del Norte County); Lake Earl Project Area, Type C (Del Norte County); Lake Sonoma Wildlife Area, Type C (Sonoma County); Little Panoche Reservoir Wildlife Area, Type C (Fresno County); Los Banos Wildlife Area, Type A (Merced County); Lower Sherman Island Wildlife Area, Type C (Sacramento County); Mad River Slough Wildlife Area, Type C (Humboldt County); Mendota Wildlife Area, Type A (Fresno County); Miner Slough Wildlife Area, Type C (Solano County); Morro Bay Wildlife Area, Type C (San Luis Obispo County); Moss Landing Wildlife Area, Type C (Monterey County); Mouth of Cottonwood Creek Wildlife Area, Type C (Shasta County); Napa-Sonoma Marshes Wildlife Area, including the American Canyon, Coon Island, Dutchman Slough, Huichica Creek, Napa River, Ringstrom Bay, Sonoma Creek, Tolay Creek, and Wingo management units, Type C, and White Slough Management Unit (Napa, Solano, and Sonoma counties); North Grasslands Wildlife Area, including China Island, Gadwall, and Salt Slough units, Type A (Merced and Stanislaus counties); O'Neill Forebay Wildlife Area, Type C (Merced County); Oroville Wildlife Area, Type C (Butte County); Petaluma Marshes Wildlife Area, Type C (Marin and Sonoma counties); Point Edith Wildlife Area, Type C (Contra Costa County); Putah Creek Wildlife Area, Type C (Solano County); Rector Reservoir Wildlife Area, Type C (Napa County); Red Lake Wildlife Area (Alpine County) (Type C); Rhode Island Wildlife Area, Type C (Contra Costa County); Sacramento Bypass Wildlife Area, Type C (Yolo County); Sacramento River Wildlife Area, Type C (Glenn, Butte, and Colusa counties); San Felipe Valley Wildlife Area, Type C (San Diego County); San Jacinto Wildlife Area, including the Davis Road Unit, and the Potrero Unit, Type A (Riverside County); San Luis Obispo Wildlife Area, daily range fees are required (San Luis Obispo County); San Luis Reservoir Wildlife Area, Type C (Merced and Santa Clara counties); San Pablo Bay Wildlife Area, Type C (Marin and Sonoma counties); Santa Rosa Wildlife Area, Type C (Riverside County); Shasta Valley Wildlife Area, Type B (Siskiyou County); Spenceville Wildlife Area, Type C (Nevada and Yuba counties); Surprise Valley Wildlife Area, Type C (Modoc County); Sutter Bypass Wildlife Area, Type C (Colusa and Sutter counties); Tehama Wildlife Area, Type C (Tehama County); Truckee River Wildlife Area, including the Boca, Polaris, Union Ice, and West River management units, Type C (Placer and Nevada counties); Upper Butte Basin Wildlife Area, including the Howard Slough, Little Dry Creek, and Llano Seco units, Type A (Butte and Glenn counties); Volta Wildlife Area, Type A (Merced County); West Hilmar Wildlife Area, Type C (Merced County); White Slough Wildlife Area, Type C (San Joaquin County); Willow Creek Wildlife Area, Type B (Lassen County); Yolo Bypass Wildlife Area, Type A (Yolo County). REGION 1 (1) Ash Creek Wildlife Area (A) Hunt Days: Waterfowl, coots, moorhens, pheasants, and snipe: Saturdays, Sundays, and Wednesdays during open seasons. Doves: Daily during the September dove season and on waterfowl hunt days during the late dove season. (B) Authorized Species: Waterfowl, coots, moorhens, doves, pheasants, and snipe. Pronghorn antelope may be taken during junior hunts only. (C) Camping and Trailers: Allowed. (D) Special Restrictions: Designated portions may be closed to public entry from March 1 through August 15. No person shall enter or leave the wildlife area except at designated entry points. All dogs must be on a leash from March 1 to August 15. (2) Bass Hill Wildlife Area (A) Hunt Days: Daily during seasons for authorized species, except for Special Restrictions listed below. (B) Authorized Species: All legal species. (C) Camping and Trailers: Not allowed. (D) Special Restrictions: The Egan Management Unit of Bass Hill Wildlife Area shall be open to the use of shotguns, archery equipment, or muzzle-loading weapons, only, for all hunting seasons. (3) Battle Creek Wildlife Area (A) Special Restrictions: Public entry is allowed from 6:00 a.m. to 10:00 p.m. Dog field trials, dog training, horseback riding and bicycles are prohibited. Dogs must be on leash and under direct owner control. (B) Hunting and possession of firearms and archery equipment is prohibited. (4) Big Lagoon Wildlife Area (A) Special Restrictions: Motorized boards are restricted to 5 mph or less. (5) Butte Valley Wildlife Area (A) Hunt Days: Waterfowl, coots, moorhens, and snipe: Saturdays, Sundays, and Wednesdays during the waterfowl season. Pheasants: Sundays only during the pheasant season. Doves: Daily during the September dove season and on waterfowl hunt days during the late dove season. (B) Authorized Species: Waterfowl, coots, moorhens, snipe, pheasants, and doves. Pronghorn antelope may be taken during junior hunts only. (C) Camping and Trailers: Allowed. (D) Special Restrictions: Boats with motors are prohibited. Boating and other water-related sports are prohibited from March 1 to September 1. No person shall enter or leave the area except at designated entry points. The area is open to public use only from two hours before sunrise to one hour after sunset. Dogs must be on a leash from March 1 to August 15. (6) Eel River Wildlife Area (A) Method of Take Restrictions: No rifles or pistols may be used or possessed. (B) Hunt Days: Daily, during open seasons for authorized species. (C) Authorized Species: Waterfowl, coot, snipe, and pheasant. (D) Camping and Trailers: Not allowed. (E) Special Restrictions: Dogs must be on a leash from March 1 through August 15. Designated portions of the Eel River Wildlife Area may be closed to vehicle entry from March 1 through September 15. Use of all terrain vehicles is prohibited all year with the exception of commercial anglers who may utilize the wave-slope for fishing access. (7) Elk River Wildlife Area (A) Method of Take Restrictions: No rifles or pistols may be used or possessed. (B) Hunt Days: Daily during open seasons for authorized species. (C) Authorized Species: Waterfowl, coot, and snipe. (D) Camping and Trailers: Not allowed. (E) Special Restrictions: Dogs must be on a leash from March 1 through August 15. (8) Fay Slough Wildlife Area (A) Method of Take Restrictions: No rifles or pistols may be used or possessed. (B) Hunt Days: Saturdays, Sundays, and Wednesdays during open seasons for authorized species. (C) Authorized Species: Waterfowl, coot, and snipe. (D) Camping and Trailers: Not allowed. (E) Special Restrictions: Dogs must be on a leash from March 1 through August 15. (9) Honey Lake Wildlife Area. (Fleming and Dakin Units) (A) Hunt Days: Waterfowl, coots, moorhens, and snipe: Saturdays, Sundays, and Wednesdays during open seasons. Pheasants: Waterfowl hunt days during the pheasant season. Quail and rabbits: Waterfowl hunt days that occur during the pheasant season. Doves: Daily during the September dove season and on waterfowl hunt days during the late dove season. (B) Authorized Species: Waterfowl, snipe, coots, moorhens, pheasants, quail, doves, and rabbits. (C) Camping and Trailers: Allowed. (D) Special Restrictions: Designated portions of the wildlife area may be closed to all public entry from March 1 through August 15. No person shall enter or leave the area except at designated entry points. Dogs must be on a leash from March 1 to August 15. (10) Horseshoe Ranch Wildlife Area (A) Method of Take Restrictions: All authorized methods of take except during the spring turkey season when only shotguns and archery equipment are permitted. (B) Hunt Days: Daily during open seasons for authorized species. (C) Authorized Species: All legal species. (D) Camping: Camping allowed. (11) Lake Earl Wildlife Area (A) Method of Take Restrictions: No rifles or pistols may be used or possessed. (B) Hunt Days: Daily during open seasons for authorized species. (C) Authorized Species: Waterfowl, coots, snipe, and moorhens. (D) Camping and Trailers: Not allowed. (E) Special Restrictions: Possession and use of authorized firearms and archery equipment is permitted only within the first 100 feet of land along the shoreline and on the water surface of Lake Earl and Lake Talawa during the regular open waterfowl season. Boats are allowed, but motors are prohibited during the waterfowl season. Dogs are allowed only for hunting during open season for authorized species. (12) Lake Earl Project Area (Lands administered by the Department of Parks and Recreation) (A) Method of Take Restrictions: No rifles or pistols may be used or possessed. (B) Hunt Days: Saturdays, Sundays, and Wednesdays during open seasons for authorized species. (C) Authorized Species: Waterfowl, coots, and moorhens. (D) Camping and Trailers: Not allowed. (E) Special Restrictions: Entry for hunting purposes is allowed only from the public access sites on Kellogg Road and Pala Road. (13) Mad River Slough Wildlife Area (A) Method of Take Restrictions: No rifles or pistols may be used or possessed. (B) Hunt Days: Daily during open seasons for authorized species. (C) Authorized Species: Waterfowl, coot, and snipe. (D) Camping and Trailers: Not allowed. (E) Special Restrictions: Dogs are allowed only for hunting during open season for authorized species. (14) Mouth of Cottonwood Creek Wildlife Area (A) Method of Take Restrictions: No rifles or pistols may be used or possessed. (B) Hunt Days: Daily during open seasons for authorized species. (C) Authorized Species: All legal species. (D) Camping and Trailers: Not allowed. (E) Special Restrictions: Public entry is allowed from one hour before sunrise to one hour after sunset. Dog field trials, dog training, horseback riding, and bicycles are prohibited. Dogs must be on a leash from March 1 through August 15. (15) Shasta Valley Wildlife Area (A) Hunt Days: Waterfowl, snipe, coots, and moorhens: Saturdays, Sundays, and Wednesdays during open seasons. Pheasants: Sundays only during the pheasant season. Quail: Waterfowl hunt days only during waterfowl season. Doves: Daily during the September dove season and on waterfowl hunt days during the late dove season. Snipe: waterfowl hunt days only during waterfowl season. (B) Authorized Species: Waterfowl, snipe, coots, moorhens, pheasants, quail, and doves. (C) Camping and Trailers: Allowed. (D) Special Restrictions: Only individuals possessing a "Type A" or Type "B" season pass and their guests (nonhunting guests and junior hunters) may enter Shasta Valley Wildlife Area on Wednesday, Saturdays, and Sundays during the waterfowl season. No person shall enter or leave the wildlife area except at designated entry points. Only electric boat motors are allowed. Dogs must be on a leash from February 1 to August 15. Pheasant hunters must have special permits obtained at the check station. (16) Surprise Valley Wildlife Area (A) Hunt Days: Daily during open seasons for authorized species. (B) Authorized Species: All legal species. (C) Camping and Trailers: Allowed in south parking area, except during the period April 1 to August 15. (17) Tehama Wildlife Area (A) Hunt Days: Daily during open seasons for authorized species, except for Special Restrictions listed below. (B) Authorized Species: All legal species. (C) Camping and Trailers: Allowed. (D) Special Restrictions: 1. No person shall enter that portion of Tehama Wildlife Area lying south of Antelope Creek during the period beginning on the first Monday in December through the last Friday in March except with the prior written permission of the regional manager. 2. During the Zone G-1 deer season only persons with department issued entry permits may enter the Tehama Wildlife Area. 3. Pig hunting is restricted to persons who have been issued a Tehama Wildlife Area Pig Hunt Permit. 4. Dogs may not be used to hunt wild pigs. (18) Willow Creek Wildlife Area (A) Hunt Days: Saturdays, Sundays, and Wednesdays during open seasons for authorized species. (B) Authorized Species: Waterfowl, snipe, coots, and moorhens. (C) Camping and Trailers: Not allowed. REGION 2 (19) Antelope Valley Wildlife Area (A) Hunt Days: Daily from July 1 through January 31 during open seasons for authorized species. (B) Authorized Species: All legal species. (C) Camping and Trailers: Trailers are not allowed. Camping is allowed only from May 1 through October 31. (D) Special Restrictions: Hunting is allowed only from July 1 through January 31. (20) Clifton Court Forebay (A) Method of Take Restrictions: No rifles or pistols may be used or possessed. (B) Hunt Days: Saturdays, Sundays, and Wednesdays during open seasons for authorized species. (C) Entry Permit: Self-registration is required. (D) Authorized Species: Waterfowl, coots, and moorhens. (E) Camping and Trailers: Not allowed. (21) Collins Eddy Wildlife Area (A) Method of Take Restrictions: No rifles, pistols, or archery equipment may be used or possessed. (B) Hunt Days: Daily during open seasons for authorized species. (C) Authorized Species: Waterfowl, coots , moorhens, and all upland game. (D) Camping and Trailers: Not allowed. (22) Colusa Bypass Wildlife Area (A) Method of Take Restrictions: No rifles or pistols may be used or possessed. (B) Hunt Days: Daily during open seasons for authorized species. (C) Authorized Species: All legal species. (D) Camping and Trailers: Not allowed. (23) Daugherty Hill Wildlife Area (A) Method of Take Restrictions: During the spring turkey season, only shotguns and archery equipment, and air rifles firing pellets and powered by compressed air or gas (0.20 caliber minimum for taking wild turkey), may be used in designated areas. (B) Hunt Days: Daily from July 1 through January 31 during open seasons for authorized species and during the spring turkey season. (C) Authorized Species: All legal species. (D) Camping and Trailers: Camping not allowed. Overnight parking with trailers allowed in designated parking lots. (E) Special Restrictions: Entry permit, issued by special drawing, is required for the first nine days of the spring turkey season. Hunting is allowed only from July 1 through January 31 and during the spring turkey season, when only turkeys may be hunted. Dogs are allowed with a licensed hunter only while hunting. Horses and bicycles are allowed only from May 10 to September 15 on the Daugherty Hill Unit of the Daugherty Hill wildlife area only. (24) Decker Island Wildlife Area (A) Method of Take Restrictions: No rifles or pistols may be used or possessed. (B) Hunt Days: Daily during open seasons for authorized species. (C) Authorized Species: All legal species. (D) Camping and Trailers: Not allowed. (25) Feather River Wildlife Area (A) Method of Take Restrictions: No rifles or pistols may be used or possessed. (B) Hunt Days: Daily from July 1 though January 31 during open seasons for authorized species and during the spring turkey season. (C) Authorized Species: All legal species. (D) Camping and Trailers: Not allowed. (E) Special Restrictions: No person shall enter that portion of the O'Connor Lakes Management Unit marked as closed to entry from March 1 through June 30 without special authorization of the department. Hunting is allowed only from July 1 to January 31 and during the spring turkey season, when only turkeys may be hunted. (26) Fremont Weir Wildlife Area (A) Method of Take Restrictions: No rifles or pistols may be used or possessed. (B) Hunt Days: Hunting is allowed daily from July 1 through January 31 for authorized species, and during the spring turkey season, when only turkeys may be taken. (C) Authorized Species: All legal species. (D) Camping and Trailers: Not allowed. (27) Gray Lodge Wildlife Area (A) Ammunition Restrictions: A hunter shall not possess more than 25 shotgun shells while in the field during the waterfowl season. (B) Hunt Days: Waterfowl, coots, moorhens, and snipe: Saturdays, Sundays, and Wednesdays during open seasons. Pheasant: Every day during the first nine days of the pheasant season. Thereafter, during the regular pheasant season, pheasant hunting will be allowed only on Saturdays, Sundays, and Wednesdays. Doves: Daily during the September dove season and only on waterfowl or pheasant hunt days during the late dove season. Quail and rabbits: Only on pheasant hunt days. Deer: Only during the Gray Lodge Deer Hunt under special permit issued by drawing. (C) Day Use Pass Requirement for Public Access: In addition to a daily entry permit required for hunting during the waterfowl and pheasant seasons, a day use pass or valid annual pass is required of all users except for users that possess a valid California sport fishing license, hunting license, or trapping license, or users that are under 16 years of age, or users that are part of an organized youth or school group, having free permits issued by the appropriate regional office. (D) Authorized Species: Waterfowl, snipe, coots, moorhens, pheasants, doves, quail, rabbits, and deer (special hunt only). (E) Camping and Trailers: Allowed only during the waterfowl season. Trailers may be placed no sooner than one week before the beginning of waterfowl season and must be removed no later than one week after the close of waterfowl season. All campers, defined as shell or shelter made to be mounted on a pickup truck, must remain attached to a registered vehicle when on the area. All trailers must be registered at the checking station within one week of placement. (F) Special Restrictions: Closed to all nonhunting uses from two weeks before waterfowl season to one week after waterfowl season, except that a wildlife viewing area is open on most days during the entire year. Dove hunting is allowed only in designated portions of the wildlife area. Public entry is allowed only from sunrise to sunset, except by written permission. Horses are restricted to roads only on the east side of the area and are allowed only during July and August. Hunting with falcons is restricted to the east side of this area. (28) Hallelujah Junction Wildlife Area (A) Hunt Days: Daily from July 1 through January 31 during open seasons for authorized species. (B) Authorized Species: All legal species. (C) Camping and Trailers: Not allowed. (D) Special Restrictions: Hunting is allowed only from July 1 through January 31 during open seasons for authorized species. Horses and bicycles are prohibited. Dogs are allowed for hunting only. The area is closed to public entry from February 1 through April 30. No person shall enter or leave the wildlife area between May 1 and January 31 except at the designated entry point adjacent to Highway 395. (29) Heenan Lake Wildlife Area (A) Hunt Days: Daily during open seasons for authorized species. (B) Authorized Species: All legal species. (C) Camping and Trailers: Not allowed. (D) Special Restrictions: Boats are not allowed unless participating in the controlled entry fishing opportunity. (30) Hope Valley Wildlife Area (A) Hunt Days: Daily from the opening of archery deer season through January 31 during open seasons for authorized species. (B) Authorized Species: All legal species. (C) Camping and Trailers: Backpack camping east of Highway 89 only. No open fires allowed. (D) Special Restrictions: Hunting is allowed only from the opening of archery deer season through January 31. (31) Lower Sherman Island Wildlife Area (A) Method of Take Restrictions: No rifles or pistols may be used or possessed. (B) Hunt Days: Daily during open seasons for authorized species. (C) Authorized Species: Waterfowl, coots, moorhens, pheasants, doves, and rabbits. (D) Camping: Not allowed. (E) Special Restrictions: The Regional Manager may determine whether decoys may be left in the field. (32) Miner Slough Wildlife Area (A) Method of Take Restrictions: No rifles or pistols may be used or possessed. (B) Hunt Days: Daily during open seasons for authorized species. (C) Authorized Species: Waterfowl. (D) Camping and Trailers: Not allowed. (33) Oroville Wildlife Area (A) Method of Take Restrictions: No rifles or pistols may be used or possessed, except at the designated target practice area. (B) Hunt Days: Daily from September 1 through January 31 during open seasons for authorized species and during the spring turkey season. (C) Authorized Species: All legal species. (D) Camping and Trailers: Allowed in designated campsites. Erecting a shelter or parking a vehicle equipped with sleeping accommodations in a designated campsite is considered camping and shall be subject to camping restrictions provided in Subsection 550(b)(12). (E) Special Restrictions: All legal firearms and archery equipment may be possessed and discharged at the target practice area, which is open all year. Only paper and clay targets may be used and must be removed by the user when leaving the area. Use of the target practice area is permitted only from sunrise to sunset. Entry permits issued by special drawing are required for turkey hunting, which is allowed only during the spring turkey season. Hunting is allowed only from September 1 through January 31 and during the spring turkey season, when only turkeys may be hunted. Fires are allowed only in portable gas stoves at sites designated for camping by the department. Dog training is allowed only in designated areas and only from July 1 through March 15. Horses are restricted to roads open to vehicles and within 25 feet of exterior boundary fences. Bicycles and horse drawn carriages are restricted to roads open to vehicles. No off-highway vehicles are allowed at any time. Public entry is allowed only from one hour before sunrise to one hour after sunset on some portions of the area. (34) Putah Creek Wildlife Area (A) Hunt Days: Daily from the opening of deer season through January 31 during open seasons for authorized species. (B) Authorized Species: All legal species. (C) Camping and Trailers: Not allowed. (D) Special Restrictions: Hunting is allowed only from the opening of the deer season through January 31. (35) Red Lake Wildlife Area (A) Hunt Days: During open seasons for authorized species from September 1 through January 31 and during archery deer season. (B) Authorized Species: All legal species. (C) Camping and Trailers: Not allowed. (36) Rhode Island Wildlife Area (A) Method of Take Restrictions: No rifles or pistols may be used or possessed. (B) Hunt Days: Daily during open season for authorized species. (C) Authorized Species: Waterfowl, coots, and moorhens. (D) Camping: Not allowed. (E) No structures may be constructed. (37) Sacramento Bypass Wildlife Area (A) Method of Take Restrictions: No rifles, pistols, or archery equipment may be used or possessed. Shot shells only. No buckshot or slugs. (B) Hunt Days: Daily from September 1 through January 31 during open seasons for authorized species. (C) Authorized Species: All legal species, except big game species. (D) Camping and Trailers: Not allowed. (E) Special Restrictions: Hunting is allowed only from September 1 through January 31. (38) Sacramento River Wildlife Area (A) Method of Take Restrictions: No rifles or pistols may be used or possessed. (B) Hunt Days: Daily from July 1 through January 31, and during the spring turkey season. (C) Authorized Species: All legal species. (D) Camping and Trailers: Not allowed. (39) Spenceville Wildlife Area (A) Hunt Days: Daily from September 1 through January 31 during open seasons for authorized species and during the spring turkey season. (B) Authorized Species: All legal species. (C) Camping and Trailers: Allowed in designated campsites during the period September 1 through the end of the spring turkey season. (D) Special Restrictions: Pursuant to the provisions of subsection 550(b), an entry permit, issued by special drawing, is required for the first 9 days of the spring turkey season. During the first nine days of the spring turkey season, the wildlife area is closed to all public entry, except those individuals possessing a special permit issued by the department. Hunting is allowed only from September 1 through January 31, and during the spring turkey season, when only turkeys may be hunted. Horseback riding and bicycle riding shall be restricted to designated trails and roads, and dog training shall be restricted to designated areas. During the period from March 16 through June 30, dog training shall be prohibited. Fires are allowed only in portable gas stoves at sites designated for camping by the department. All legal firearms and archery equipment may be possessed and discharged at the designated target practice area, which is open all year. Only paper and clay targets will be allowed at the designated target practice area and must be removed prior to leaving the designated area. Use of the target practice area is permitted only from sunrise to sunset. The posted area surrounding the Spenceville Mine will be closed to public entry all year. For additional information about the closure, call (916) 358-2900. (40) Sutter Bypass Wildlife Area (A) Method of Take Restrictions: No rifles or pistols may be used or possessed. (B) Hunt Days: Daily during open seasons for authorized species. (C) Authorized Species: All legal species. (D) Camping and Trailers: Not allowed. (41) Truckee River Wildlife Area (A) Method of Take Restrictions: No rifles or pistols may be used or possessed. (B) Hunt Days: Daily during open seasons for authorized species. (C) Authorized Species: All legal species. (D) Camping and Trailers: Not allowed. (42) Upper Butte Basin Wildlife Area (A) Ammunition Restrictions: A hunter shall not possess more than 25 shotgun shells while in the field during the waterfowl season. (B) Hunt Days: Waterfowl, coots, moorhens, and snipe: Saturdays, Sundays, and Wednesdays during open season during waterfowl season. Pheasant: Every day during the first five days of the season, and on waterfowl hunt days during the remainder of the pheasant season. Doves and rabbits: Daily during the September dove season, and on waterfowl or pheasant hunt days during the late dove season. Deer: Only during the Little Dry Creek Junior Deer Hunt under special permit issued by drawing. (C) Authorized Species: Waterfowl, coots, moorhens, snipe, dove, pheasants, and rabbits. (D) Camping: Overnight Camping, including trailers and motor homes, shall be permitted only in checking station parking lots. (E) Special Restrictions: Closed to all nonhunting uses from two weeks before waterfowl season to one week after waterfowl season. Public entry is allowed only from sunrise to sunset, except by written permission. Horses are prohibited. Dogs are allowed for hunting only. Within the assigned blind area at the Little Dry Creek Unit, hunters must hunt from assigned blinds, except to retrieve downed birds. (F) Special Junior Waterfowl Hunts in Zone 7 of the Howard Slough Unit: Special junior waterfowl hunts will be conducted on Wednesdays and Saturdays of the waterfowl season in Zone 7 of the Howard Slough Unit commencing on the first Saturday after December 15. These hunts will commence at legal shooting time and close at 12:00 noon. A junior hunter must be accompanied by one adult hunter. Not more than one adult hunter and two junior hunters may occupy each blind. Hunters must remain in their blinds except to retrieve downed birds. All hunters must return to the Zone 7 parking lot by 1:00 p.m. Hunters will be selected from the Howard Slough reservation line. Hunters may be selected from the first-come first-served line after the Howard Slough reservation line is depleted. (G) Bicycles: Not allowed during waterfowl season. (H) Hunters may enter or exit only at designated locations. Stopping vehicles between designated parking areas to drop off passengers or hunting equipment is prohibited. (43) White Slough Wildlife Area (A) Method of Take Restrictions: No rifles or pistols may be used or possessed. (B) Hunt Days: Daily during open seasons for authorized species. (C) Authorized Species: Waterfowl, pheasants, quail, and doves. (D) Camping and Trailers: Not allowed. (E) Special Restrictions: Possession and use of firearms or other propulsive device is prohibited in that portion of White Slough Wildlife Area designated as Pond 9. Horses are not allowed on the wildlife area. Hunting is allowed only from September 1 through January 31. (44) Yolo Bypass Wildlife Area (A) Ammunition Restrictions: A hunter shall not possess more than 25 shotgun shells while in the field during the waterfowl season. (B) Hunt Days: Waterfowl, coots, moorhens and snipe: Saturdays, Sundays and Wednesday during waterfowl seasons. Pheasants: Each day during the first nine days of the general pheasant season, and only Saturdays, Sundays, and Wednesdays, during the remainder of the pheasant season. Doves: Daily during the September dove season and on waterfowl hunt days during the late dove season. (C) Authorized Species: Waterfowl, coots, moorhens, snipe, and pheasant. (D) Camping and Trailers: Overnight parking of trailers and motor homes is not allowed. (E) Special Restrictions: Closed to all nonhunting uses from two weeks before waterfowl season to one week after waterfowl season, except areas designated for wildlife viewing purposes which are open on most days during the entire year. Public entry is allowed only from sunrise to sunset, except by written permission. Horses are not allowed. Bicycles are restricted to designated areas only. No boats or flotation devices allowed. The Yolo Bypass Wildlife Area is subject to immediate closure due to flooding in the Yolo Bypass. Within the assigned blind area, hunters must hunt from their assigned blinds, except to retrieve downed birds. Pheasant hunting is not permitted in the assigned blind areas. Hunters may not access the free-roam area north of the northeast unit from parking lot H. Hunters may enter or exit the area only at designated locations. Stopping vehicles between designated parking areas to drop off passengers or equipment is prohibited. Falconry hunting is allowed in designated areas. REGION 3 (45) Big Sandy Wildlife Area (A) Method of Take Restrictions: No rifles or pistols may be used or possessed. (B) Hunt Days: Daily during open seasons for authorized species. (C) Authorized Species: All legal species. (D) Camping and Trailers: Not allowed. (46) Cache Creek Wildlife Area (A) Hunt Days: Daily during open seasons for authorized species. (B) Authorized Species: All legal species. (C) Camping and Trailers: Trailers are not allowed. Primitive camping is allowed on all units of the Cache Creek Wildlife Area, except that no camping is allowed within one-quarter mile of designated parking areas. (D) Special Restrictions: Use of dogs is restricted (see Section 265, Title 14, CCR). Dogs are not allowed for pig hunting at any time of year. An entry permit for hunting, issued by special drawing, is required for the first two days of the spring turkey season. Horses and bicycles are allowed within the Harley Gulch Unit of the wildlife area only from the third Saturday in April through the third Saturday in November. (47) Grizzly Island Wildlife Area (A) Ammunition Restrictions: Shotguns may only be used with steel or other nontoxic shot approved by the U.S. Fish and Wildlife Service, and not more than 25 shot shells may be possessed while in the field during the waterfowl season. (B) Hunt Days: Crescent and Grizzly Island Units: Waterfowl, coots, and moorhens: Saturdays, Sundays, and Wednesdays during open seasons. Snipe: Snipe may be taken on waterfowl and pheasant hunt days. Pheasants: Each day during the first 12 days of the general pheasant season, and only on Saturdays, Sundays, and Wednesdays during the remainder of the pheasant season. Rabbits and doves: Rabbit hunting is allowed daily in July and on pheasant hunt days. Dove hunting is allowed daily during the season in September after the close of the Grizzly Island tule elk hunt and on pheasant hunt days during the late dove season. Joice Island Unit: Waterfowl, coots, moorhens, and snipe: Sundays only when the department determines that the fall flight forecast and/or waterfowl numbers in the Suisun Marsh warrant its opening. Goodyear Slough, Gold Hills, and West Family units: Waterfowl, coots, moorhens, and snipe: Saturdays, Sundays, and Wednesdays during open seasons. Island Slough and Grey Goose Units: Waterfowl, coots, moorhens, snipe, and pheasants: Saturdays, Sundays, and Wednesdays during open seasons. Garibaldi and Montezuma Slough units: No hunting allowed. (C) Day Use Pass Requirement for Public Access: For the Grizzly Island Unit, in addition to a daily entry permit required for hunting during the waterfowl and pheasant seasons, a day use pass or annual pass is required of all users except for users that possess a valid California sport fishing license, hunting license, or trapping license, or users that are under 16 years of age, or users that are part of an organized youth or school group, having free permits issued by the appropriate regional office. (D) Authorized Species: Grizzly Island Unit: Waterfowl, snipe, coots, moorhens, elk, rabbits, doves, and pheasants. Crescent, Grey Goose, and Island Slough units: Waterfowl, snipe, coots, moorhens, rabbits, and pheasants. Gold Hills, Goodyear Slough, Joice Island, and West Family units: Waterfowl, snipe, coots, and moorhens. (E) Camping and Trailers: Not allowed except with prior written permission of the area manager during the tule elk hunting season. (F) Special Restrictions: Garibaldi Unit: Closed to public use except with prior written permission from the area manager. Grizzly Island Unit: Closed to uses other than hunting from the last Monday in July through the end of the Grizzly Island tule elk hunting season and from October 1 through the end of the waterfowl season. No dogs allowed from March 1 to June 30. Dogs allowed during July. No dogs allowed in August and during the tule elk hunt season in September. Dogs allowed in September after the tule elk hunting season to September 30. No dogs during October through the close of waterfowl season except as follows: hunters with daily permits issued at the hunter checking station may only use dogs during the waterfowl and pheasant hunting season; no sight-hounds or coursing dogs allowed. Dogs allowed in February after the close of waterfowl season. Gold Hills, Goodyear Slough, Gray Goose, Island Slough, Crescent and West Family units: Closed from October 1 through the end of the general waterfowl season to uses other than hunting. Gold Hills, Goodyear Slough, Grey Goose, and West Family Units: Closed to all public use except with prior written permission from the area manager from the end of the waterfowl season to September 30. Island Slough Unit: Open to public use from the end of the waterfowl season to September 30 (No dogs allowed during this period). Joice Island Unit: Closed to public use except when permits are issued for waterfowl hunting, or with prior written permission of the area manager and during the special season open to fishing from mid-May to mid-August (contact area Headquarters for details). On all units, horses are allowed only under permit and only during organized dog field trials. On all units, fires are restricted to portable gas stoves throughout the year and are to be used only in parking areas and designated sites. The use of boats for access on all management units of the Grizzly Island Wildlife Area, except the Grey Goose Unit, is prohibited. This shall not prohibit launching of boats at the Montezuma Slough unit for access to Montezuma Slough. Boats less than eight feet in length may be used to transport decoys and/or blind materials. Use of all terrain vehicles (ATV's) is prohibited on all units of the Grizzly Island Wildlife Area. (48) Indian Valley Wildlife Area (A) Hunt Days: Daily during open seasons for authorized species. (B) Authorized Species: All legal species. (C) Camping and Trailers: Camping allowed, but trailers are prohibited. (D) Special Restrictions: Use of dogs restricted (see Section 265). (49) Knoxville Wildlife Area (A) Special Restrictions: Camping allowed in designated areas. Primitive camping is allowed beyond one-quarter mile of designated parking areas. (50) Laguna Wildlife Area (A) Method of Take Restrictions: No rifles or pistols may be used or possessed. (B) Camping and Trailers: Not allowed. (C) Special Restrictions: Horseback riding is not allowed from November 15 through June 15. Dogs are not allowed from March 2 through June 30. Campfires are prohibited. (51) Lake Berryessa Wildlife Area. (A) Method of Take Restrictions: As authorized during special hunts. (B) Hunt Days: As authorized for special hunts. (C) Camping and Trailers: Not allowed. (D) Special Restrictions: Campfires are prohibited. Dogs are not allowed between February 15 and July 15. (52) Lake Sonoma Wildlife Area (A) Method of Take Restrictions: As authorized during special hunts. (B) Hunt Days: As authorized for special hunts. (C) Entry Permit: Entry permit, issued by special drawing, is required. (See subsection 360(c) for deer hunt information.) (D) Daily Hunter Capacity: As authorized for special hunts. (E) Authorized Species: Deer, wild pigs, and turkeys. (F) Camping and Trailers: Allowed in Army Corps of Engineers designated campgrounds only. (G) Special Restrictions: No person, except by special authorization of the department, shall enter that portion of the Lake Sonoma Wildlife Area marked by signs as "Critical Habitat" during the period of February 1 through August 1. Dogs are not allowed. (53) Morro Bay Wildlife Area (A) Ammunition Restrictions: Hunters shall not possess in the field more than 25 shot shells. (B) Hunt Days: Waterfowl may be taken only from the opening day of brant season through the remainder of the waterfowl season. (54) Moss Landing Wildlife Area (A) Method of Take Restrictions: No rifles or pistols may be used or possessed. (B) Hunt Days: Saturdays, Sundays, and Wednesdays during open seasons for authorized species. Campfires are prohibited. (C) Authorized Species: Waterfowl, coots, and moorhens. (D) Camping and Trailers: Not allowed. (E) Special Restrictions: Closed to all hunting on New Years Day. The Salt Ponds are closed to hunting. (55) Napa-Sonoma Marshes Wildlife Area (A) Method of Take Restrictions: No rifles or pistols may be used or possessed. (B) Hunt Days: Saturdays, Sundays, and Wednesdays during open seasons for authorized species, except that doves and rabbits may be hunted daily during the September dove season. (C) Authorized Species: Waterfowl, coots, moorhens, snipe, rabbits, quail, pheasants, and doves. (D) Camping and Trailers: Not allowed. (E) Special Restrictions: White Slough Unit: Closed to all hunting and firearms and archery equipment use. All units: Dogs are not allowed from March 2 through June 30. Campfires are prohibited. (56) Petaluma Marsh Wildlife Area (A) Method of Take Restrictions: No rifles or pistols may be used or possessed. (B) Hunt Days: Daily during open seasons for authorized species. (C) Authorized Species: Waterfowl, coots, moorhens, and rabbits. (D) Camping and Trailers: Not allowed. (E) Special Restrictions: Day Island, Green Point, Novato Creek, Point Sonoma, and Rush Creek Units: Closed to hunting and firearms and archery equipment use. Dogs must be on a leash at all times. All units: Dogs are not allowed from March 2 through June 30. (57) Point Edith Wildlife Area (A) Method of Take Restrictions: No rifles or pistols may be used or possessed. (B) Hunt Days: Daily during open seasons for authorized species. (C) Authorized Species: Waterfowl, coots, and moorhens. (D) Camping and Trailers: Not allowed. (58) Rector Reservoir Wildlife Area (A) Authorized Species: All legal species. (B) Hunt Days: Daily during open seasons for authorized species from the opening of archery deer season through the last day of spring turkey season. (C) Camping and Trailers: Not allowed. (D) Special Restrictions: Campfires are prohibited. (59) San Luis Obispo Wildlife Area (A) Entry: No person shall enter the San Luis Obispo Wildlife Area except that portion of the area designated as a public shooting facility under supervision of the authorized rangemaster or with written permission from the regional manager. (B) Period of Firearms and Archery Equipment Use: All year. No firearms or other propulsive devices of any kind may be possessed or discharged except at the designated shooting range at such time as the facility is open to the public and under the direction and control of the authorized rangemaster. (C) Days of Operation: Wednesday through Monday, one-half hour before sunrise to one-half hour before sunset. (D) Hours of Operation for Lighted Ranges: One-half hour before sunrise to 10:00 p.m. (E) Fee: Daily range fees are required. (F) Authorized Species: None. (G) Camping and Trailers: Camping is restricted to the parking lot and not more than 30 vehicles may occupy the lot except under written permission of the regional manager. (H) Special Restrictions: Alcoholic beverages may not be possessed or consumed on any part of the San Luis Obispo Wildlife Area by any person who officially acts as a rangemaster, or by any person who attempts to discharge a firearm or shoot an arrow. (I) Ammunition restrictions: Full metal jacket bullets not allowed. (60) San Pablo Bay Wildlife Area (A) Method of Take Restrictions: No rifles or pistols may be used or possessed. (B) Hunt Days: Daily during open seasons for authorized species. (C) Authorized Species: Waterfowl, coots, and moorhens. (D) Blinds: Shall be available on first-come, first-served basis. REGION 4 (61) Cottonwood Creek Wildlife Area (A) Lower Cottonwood Creek Unit. 1. Method of Take Restrictions: Limited to shotguns and archery equipment. No rifles or pistols may be used or possessed. Archery equipment only may be used from the start of the Zone A archery deer season until the start of Zone A general deer season. 2. Hunt Days: Daily from opening of Zone A archery deer season through the last Sunday in January during open seasons for authorized species. 3. Authorized Species: All legal species. 4. Camping and Trailers: Not allowed. 5. Special Restrictions: Dogs are not allowed for hunting wild pigs. Motor vehicles are not allowed beyond designated parking area. Horseback riding is not allowed. Hunting is permitted during daylight hours only. (B) Upper Cottonwood Creek Unit. 1. Method of Take Restrictions: All legal firearms and archery equipment. Firearms may be used or possessed only from the opening of the general Zone A deer season through the last Sunday in January. Archery equipment only may be used from the start of the Zone A archery deer season until the start of the Zone A general deer season. 2. Hunt Days: Daily from opening of Zone A archery deer season through the last Sunday in January during open seasons for authorized species. 3. Entry Permit: Self registration required. Special permit, obtained by special drawing, is required for all entry during the opening weekend of Zone A general deer season. 4. Authorized Species: All legal species. 5. Camping and Trailers: Allowed in parking lot only. 6. Special Restrictions: Dogs are not allowed for hunting wild pigs. Motor vehicles are not allowed. Horseback riding is not allowed. Hunting is permitted during daylight hours only. (62) Kinsman Flat Wildlife Area (A) Method of Take Restrictions: Only shotguns and archery equipment are permitted during the spring turkey season. (B) Hunt Days: Daily during open seasons for authorized species. (C) Authorized Species: All legal species. (D) Camping and Trailers: Not allowed. (63) Little Panoche Reservoir Wildlife Area (A) Method of Take Restrictions: Limited to shotguns and archery equipment. No rifles or pistols may be used or possessed. (B) Hunt Days: Daily during open seasons for authorized species. (C) Authorized Species: All legal species. (D) Camping and Trailers: Allowed in parking lot only, except during authorized dog trials when participants may park trailers at designated locations inside the area. (E) Boats: Boats permitted but only electric trolling motors allowed. (F) Entry Permits: Self-registration is required at the parking area. (G) Special Restrictions: Dogs are not allowed for hunting wild pigs. Dogs must be leashed from April 1 through June 30. Horseback riding is allowed during authorized dog trials only. Motor vehicles are allowed only in designated areas and only during authorized dog trials. Hunting is permitted during daylight hours only. (64) Los Banos Wildlife Area (A) Method of Take Restrictions: Limited to shotguns and archery equipment. A hunter shall not possess more than 25 shot shells while in the field during the waterfowl season, except on days when only upland game may be taken, and on special "youth only" waterfowl hunt days when there shall be no restrictions on the number of shot shells taken into the field. (B) Hunt Days: Waterfowl: Saturdays, Sundays, and Wednesdays during open seasons. Pheasants: Every day during the first nine days of the pheasant season and on Saturdays, Sundays, and Wednesdays during the remainder of the pheasant season and on the day following Thanksgiving. Other authorized species: Daily during open seasons during the periods July 1 through September 15, and from the beginning of waterfowl season through March 31, except that hunt days are limited to waterfowl and pheasant hunt days during the waterfowl and pheasant season. Raccoons may not be taken during the waterfowl or pheasant seasons. When the wildlife area is closed to general use, hunting will not be allowed. (C) Entry Permits and Day Use Pass Requirement for Public Access: A daily entry permit is required to enter the area to hunt during the waterfowl and pheasant seasons. A day use pass or annual pass is required of all users except for users that possess a valid California sport fishing license, hunting license, or trapping license, or users that are under 16 years of age. Organized youth or school groups must have prior approval from the area manager before being issued free daily entry permits by the appropriate regional office. Permits may be purchased at the entrance registration booth. (D) Authorized Species: Waterfowl, snipe, coots, moorhens, pheasants, doves, raccoons, and rabbits. (E) Camping and Trailers: House trailers may not be taken beyond the checking station parking lot during the waterfowl and pheasant seasons. (F) Reservations: For Zone 6, each reservation assures entry of no more than two persons. For Zone 6J, and the Mud Slough Unit, each reservation assures entry of one adult and one junior hunter. Reservations for free roam hunting are good for up to all two adult hunters, who may be accompanied by up to two junior hunters or non-shooters. All person's entering on the same reservation will receive the same hunt assignment. (G) Hunters may enter or exit only at designated locations. Stopping vehicles between designated parking areas to drop off passengers or hunting equipment is prohibited. (H) Special Restrictions: Closed to all public uses from September 15 until the opening of waterfowl season. During the waterfowl and pheasant hunt seasons, the wildlife area will be closed to all public use, except for controlled hunting. However, wildlife observation may be allowed in authorized locations on Saturdays, Sundays, and Wednesdays during waterfowl season. The wildlife area may be closed to all public uses for seven days following the close of the waterfowl hunt season to allow for post season maintenance. Dogs must be on a leash from April 1 through June 30. Special permits are required to hunt Zone 6 and the Mud Slough Unit during the waterfowl season. When assigned blind sites, hunters shall shoot only from their assigned sites, except to retrieve downed birds. Horseback riding is allowed for authorized dog trials only. The cutting of woody stemmed plants is prohibited. Blinds may not be constructed or covered with plant material gathered from outside the wildlife area. (65) Mendota Wildlife Area (A) Ammunition Restrictions: A hunter shall not possess more than 25 shot shells while in the field during the waterfowl season. (B) Hunt Days: Waterfowl, coots, and moorhens: Saturdays, Sundays, and Wednesdays during waterfowl season. Pheasants: Every day during the first nine days of the pheasant season and only on Saturdays, Sundays, and Wednesdays during the remainder of the pheasant season and on the day following Thanksgiving. Other authorized species: Daily during open seasons from July 1 through September 15, and from the beginning of waterfowl season through March 31, except that hunt days are restricted to waterfowl and pheasant hunt days during the waterfowl and pheasant season. Raccoons may not be hunted during the waterfowl season. (C) Authorized Species: Waterfowl, snipe, coots, moorhens, pheasants, dove, rabbits, raccoons, and crows. (D) Camping and Trailers: Allowed only at hunter check station during waterfowl season. (E) Special Restrictions: The wildlife area is closed to all public use from September 16, until the opening of waterfowl season, except the designated tour route and fishing site which are open all year. The wildlife area is closed to all public uses, except regulated hunting during the waterfowl and pheasant hunt seasons. The wildlife area will be closed to all public uses for several days following the close of the waterfowl hunt season to allow for post season maintenance. Dogs must be on a leash from April 1 through June 30. Horseback riding is allowed during the authorized dog trials only. (66) North Grasslands Wildlife Area (A) Ammunition Restrictions: A hunter shall not possess more than 25 shot shells while in the field during the waterfowl season, except on days when only upland game may be taken, and on special "youth only" waterfowl hunt days when there shall be no restrictions on the number of shot shells taken into the field. (B) Hunt Days: Waterfowl, coots, and moorhens: Saturdays, Sundays, and Wednesdays during waterfowl seasons. Snipe may be taken on waterfowl and pheasant hunt days. Pheasants: Every day during the first nine days of the pheasant season and thereafter on Saturdays, Sundays and Wednesdays during the remainder of the pheasant season and on the day following Thanksgiving. Dove: Opening day of the early dove season, and from the first Saturday of the early dove season through September 15, and on pheasant and waterfowl hunt days during the late dove season. Rabbits: Daily during the open season from July 1 through September 15, and from the day after waterfowl season through the end of rabbit season, and on waterfowl and pheasant hunt days. Other authorized species: Daily during open seasons from July 1 through September 15, and from the beginning of waterfowl season through March 31, except that hunt days are restricted to waterfowl and pheasant hunt days during the waterfowl and pheasant season. Raccoons may not be hunted during the waterfowl season. (C) Authorized Species: Waterfowl, snipe, coots, moorhens, pheasants, doves, raccoons, and rabbits. (D) Camping and Trailers: Not allowed beyond checking station. (E) Special Restrictions: Dogs must be on a leash from April 1 through June 30. Horseback riding is allowed for authorized dog trials only. Closed to all public use from September 15 to the opening of waterfowl season, and may be closed to all public uses for seven days following the close of waterfowl season to allow for post season maintenance. (F) Reservations and Entry Permits: A type A permit is required for entry during waterfowl and pheasant seasons. All person's entering on the same reservation will receive the same hunt assignment. (67) O'Neill Forebay Wildlife Area (A) Method of Take Restrictions: Limited to shotguns and archery equipment. No rifles or pistols may be used or possessed. (B) Hunt Days: Daily during open seasons for authorized species. (C) Entry Permits: Self registration at the parking lot is required, except for opening day of dove and pheasant seasons, junior pheasant hunts, and the day following the junior pheasant hunt, when capacity is controlled. Junior pheasant hunt permits shall be issued through a special drawing. (D) Authorized Species: Waterfowl, pheasants, quail, doves, rabbits, and crows. (E) Camping and Trailers: Allowed in parking lot only and in other designated locations inside the wildlife area during authorized trials. (F) Special Restrictions: Dogs must be on a leash from April 1 through June 30. Horseback riding is allowed only during authorized dog trials. Motor vehicles are permitted only in designated areas and only during authorized dog trials. Hunting is permitted during daylight hours only. (68) San Luis Reservoir Wildlife Area (A) Method of Take Restrictions: Limited to shotguns and archery equipment. No rifles or pistols may be used or possessed. (B) Hunt Days: Daily during open seasons for authorized species. (C) Authorized Species: All legal species. (D) Entry Permit: Self registration at the parking lot on Dinosaur Point Road is required. (E) Camping and Trailers: Allowed in parking lot only. (F) Special Restrictions: Dogs are not allowed for wild pig hunting. Horseback riding is not allowed. Motor vehicles are prohibited. Hunting is permitted during daylight hours only. (69) Volta Wildlife Area (U.S. Bureau of Reclamation Lands) (A) Method of Take Restrictions: Limited to shotguns and archery equipment. A hunter shall not possess more than 25 shot shells while in the field during the waterfowl season, except on days when only upland game may be taken, and on special "youth only" waterfowl hunt days when there shall be no restrictions on the number of shells taken into the field. (B) Hunt Days: Waterfowl: Saturdays, Sundays, and Wednesdays during open seasons. Pheasants: Every Saturday, Sunday, and Wednesday during the pheasant season when the pheasant season occurs during the same period as waterfowl season. Other Authorized Species: Daily from July 1 through September 15, and from the beginning of waterfowl season through March 31 when in season, except that hunt days are restricted to waterfowl and pheasant hunt days during the waterfowl and pheasant season. (C) Authorized Species: Waterfowl, snipe, coots, moorhens, pheasants, and rabbits. Rabbits may not be taken during the waterfowl season. (D) Camping and Trailers: Allowed at checking station parking lot during waterfowl season only. Boat trailers are permitted beyond the checking station for the purpose of launching boats at designated areas. Permit holders may drive to designated parking areas during waterfowl and pheasant hunt seasons only. Stopping vehicles between designated parking areas to drop off passengers or hunting equipment is prohibited, except vehicles may be driven past parking lot 1 to launch boats. (E) Special Restrictions: Closed to all public use from September 15 until the beginning of waterfowl season, except for fishing in the Volta Wasteway Channel. From September 15 through the Saturday following the end of waterfowl season, fishing is restricted to the Volta Wasteway Channel for a distance of one mile downstream of Ingomar Grade. The wildlife area is closed to all nonhunting uses during the waterfowl season. The cutting of woody stemmed plants is prohibited. Blinds may not be constructed or covered with plant material brought from outside the wildlife area. (F) Reservation and Entry Permits: A type A permit is required for entry to hunt during the waterfowl and pheasant hunt seasons. All other users must self register at the fishing access booth. Persons entering together on a reservation will receive the same hunting assignment. (G) Except during waterfowl and pheasant seasons, when hunting permittees are allowed to drive to designated parking areas, vehicle access is not allowed. Hunters may enter or exit only at designated locations. Stopping vehicles between designated parking areas to drop off passengers or hunting equipment is prohibited. (70) West Hilmar Wildlife Area (A) Method of Take Restrictions: No rifles or pistols may be used or possessed. (B) Hunt Days: Daily during open seasons for authorized species. (C) Authorized Species: Quail, doves, pheasants, rabbits, and waterfowl. (D) Camping and Trailers: Not allowed. REGION 5 AND REGION 6 (71) Baldwin Lake, San Bernardino National Forest (A) Method of Take Restrictions: No rifles or pistols may be used or possessed. (B) Hunt Days: Saturdays and Wednesdays during open seasons for authorized species. (C) Reservations and Entry Permits: Waterfowl hunting reservations, which serve as entry permits, are required for the first seven hunt days (Saturdays and Wednesdays) of duck season. Beginning on the fourth Wednesday of the season, entry permits are not required. (D) Authorized Species: Waterfowl, coots, and moorhens. (E) Camping and Trailers: Not allowed. (F) Special Restrictions: Shore hunting is not allowed. Hunting is permitted only from boats. All boats must be in and completely surrounded by water. All boats must be launched from the designated sites only. Hunting is permitted only in designated areas. A hunter shall not possess more than 25 shot shells while in the field. (72) Hollenbeck Wildlife Area (A) Method of Take Restrictions: No rifles or pistols may be used or possessed. No shotgun with a live round in the chamber may be possessed outside of the designated hunting zone. (B) Hunts Days: Daily during general season from September 1 through January 31 in designated area(s). (C) Authorized Species: Upland game birds and resident small game. (D) Camping and Trailers: Camping and overnight use is not allowed, horse trailers are permitted within the designated parking area, if space is available. (E) Fires: Not allowed year round. (F) Dog Training: Allowed only in designated areas from September 1 through February. Only male ring-neck pheasants, male bobwhite quail, either sex feral pigeons, and male mallard ducks may be used for dog training purposes. Release or possession of female ring-neck pheasant, female bobwhite quail, female mallard, or any bird species is prohibited. It is unlawful to release or possess a male mallard duck without at least one wing clipped. (G) Special Restrictions: Upland game and resident small game species may be taken only in designated areas. Horse and bicycle use is limited to designated trails and/or routes. Paint ball guns may not be used or possessed. (73) Imperial Wildlife Area (A) Wister Unit. 1. Ammunition Restrictions: A hunter shall not possess more than 25 shot shells while in the field during the waterfowl season. 2. Hunt Days: Waterfowl, coots, moorhens, and snipe: Saturdays, Sundays, and Wednesdays during open seasons. Snipe may also be taken on pheasant hunt days. Doves: Daily during the September dove season and on pheasant hunt days. Pheasants: Mondays and Thursdays during the pheasant season. Rabbits: Daily during season, except during the waterfowl season. Rabbits may also be hunted on pheasant hunt days. Quail: Only on pheasant hunt days. Raccoons: Daily from August 1 through one week before the waterfowl season. 3. Day Use Pass Requirement for Public Access: In addition to a daily entry permit required for hunting during the waterfowl and pheasant seasons, a day use pass or valid annual wildlife pass is required of all users, except for users who possess a valid California sport fishing license, hunting license, or trapping license or users who are under 16 years of age, or users who are part of an organized youth or school group and having free permits issued by the appropriate regional office. 4. Hunting Party Size and Restrictions: Waterfowl hunting parties may not exceed 6 individuals nor 4 adults. At the Union Tract and Hazard Unit each blind site will be limited to 4 individuals. At the Wister Unit of the Imperial Wildlife Area on waterfowl hunt days, 6 individuals are allowed per reservation with no more than 4 adults. 5. Authorized Species: Waterfowl, snipe, coots, moorhens, doves, pheasants, quail, rabbits, and raccoons. 6. Camping and Trailers: Limited camping in designated area. Campers must obtain a use permit daily. No unattached trailers or tents allowed on the checking station parking lot. 7. Special Restrictions: Waterfowl hunters must hunt from within 100 yards of assigned blind sites. Closed to all nonhunting uses from one week before waterfowl season through the last day of waterfowl season, except for designated wildlife viewing sites and designated fishing areas. Only hand-portable boats and only electric boat motors may be used. (B) Finney-Ramer Unit 1. Method of Take Restrictions: No rifles or pistols may be used or possessed. 2. Ammunition Restrictions: A hunter shall not possess more than 25 shot shells while in the field during the waterfowl season. 3. Hunt Days: Daily during open seasons for authorized species during the period July 1 through January 31. 4. Day Use Pass Requirement for Public Access: Daily entry permits are required of all persons hunting or for other area uses. A day use pass or annual wildlife pass is required of all users except for users that possess a valid California sport fishing license, hunting license, or trapping license or users that are under 16 years of age, or users that are part of an organized youth or school group and having free permits issued by the appropriate regional office. 5. Checking Station: Entry permits are required and will be available at the self-service registration booths at both Finney and Ramer lakes on a first-come, first-served basis. 6. Authorized Species: Waterfowl, snipe, coots, moorhens, quail, doves, pheasants, rabbits, and raccoons. 7. Boats: Boats are required for waterfowl hunting; however, no motor-driven boats, except those with electric motors, shall be permitted. 8. Camping and Trailers: Allowed only in designated area at Finney Lake. 9. Special Restrictions: Waterfowl hunting is allowed only from boats and islands. Dog field trials are allowed only in designated areas. (74) Perris Reservoir State Recreation Area (A) Method of Take Restrictions: No rifles or pistols may be used or possessed. (B) Hunt Days: Waterfowl, coots, moorhens, and snipe: Saturdays and Wednesdays during open seasons. Upland game: Daily during respective seasons that fall within the period from the first Saturday following Labor Day through January 31. (C) Hunt Hours: Shooting times for migratory waterfowl, snipe, coots, and moorhens will be from one-half hour before sunrise until 12:00 noon. Upland game: as provided in the regulations. (D) Entry Permit and Fee: Except for the recreation area day-use fees, there are no additional fees for waterfowl or upland game hunting. (E) Authorized Species: Waterfowl, coots, moorhens, doves, pheasants, quail, and rabbits. (F) Boats: Boat with motor required. (G) Camping and Trailers: Not allowed on hunting area. (H) Special Restrictions: Shore hunting for waterfowl, coots, and moorhens not allowed. Upland game may be taken only in designated areas. Fishing shall be permitted in the designated waterfowl hunting area only on non-shoot days. (75) San Felipe Valley Wildlife Area (A) Method of Take Restrictions: Use and possession of rifles and pistols may be prohibited in designated areas. (B) Hunt Days: Daily from September 1 through January 31 and during the spring turkey season, when only turkeys may be hunted. (C) Authorized Species: All legal species. (D) Camping and Trailers: Not allowed. (E) Special Restrictions: D-16 General Deer Zone Tags may not be used west of Highway S-2. Horse and bicycle use is limited to designated routes. Dog training is allowed only in designated areas from September 1 through February. (76) San Jacinto Wildlife Area (A) Davis Road Unit 1. Ammunition Restrictions: A hunter shall not possess more than 25 shot shells while in the field during the waterfowl season. 2. Hunt Days: Waterfowl, coots, and moorhens: Saturdays and Wednesdays during the duck season. Upland game: Daily during respective seasons that fall within the period July 1 through January 31. Pheasant: Mondays during the pheasant season. 3. Reservations, Entry Permits and Day Use Pass Requirements for Public Access: Reservations are available for waterfowl and pheasant hunting, and are required for pheasant hunting. In addition to a daily entry permit required for hunting waterfowl and pheasants, a day use pass or annual wildlife pass is required of all users except for users that possess a valid California sport fishing license, hunting license, or trapping license, or users that are under 16 years of age, or users that are part of an organized youth or school group and having free permits issued by the appropriate regional office. 4. Reservations: Each reservation shall assure entry for up to two adults and two holders of junior hunting licenses. 5. Authorized Species: Waterfowl, coots, moorhens, doves, quail, pheasants, snipe, and rabbits. 6. Camping and Trailers: Not allowed. 7. Special Restrictions: Upland game (doves, pheasants, quail, snipe, and rabbits) may be taken only in designated areas. A self-issued permit is required to enter the upland game hunting area. (B) Potrero Unit 1. Camping and Trailers: Camping and overnight use is not allowed. 2. Any person within the unit shall have in his or her immediate possession a current valid day use pass for the Potrero Unit. No person may be within the boundaries of the unit during hours or dates that the unit is closed to unrestricted public access. 3. No motorized vehicles allowed except by written permission of the regional manager. 4. Bicycle use is limited to designated trails and/or routes. 5. No person shall enter or leave the unit except at designated entry and exit points. 6. Alcoholic beverages may not be possessed or consumed on the premises. 7. Paintball guns, parts or supplies may be not used or possessed. 8. Fires: Not allowed year round. 9. Dogs must be kept on a leash and under the immediate control of the owner or owner's designee, unless actively involved in legal hunting or other authorized activity. 10. Authorized Species: Upland game birds and resident small game. 11. Special Restrictions: Upland game and resident small game species may be taken only in designated areas unless otherwise restricted or limited within the unit. (77) Santa Rosa Wildlife Area (A) Hunt Days: Daily during open seasons for authorized species. (B) Authorized Species: Deer, rabbits, and quail. (C) Special Restrictions: No person, except authorized personnel, shall possess or discharge a firearm, bow and arrow, air or gas gun, spear gun, or other propulsive device of any kind on that portion of the Santa Rosa Wildlife Area lying within Fish and Game refuge District 4D (see Section 10837, Fish and Game Code). Note: Authority cited: Sections 200, 202, 203, 355, 713, 1050, 1526, 1528, 1530, 1570-72, 1765 and 10504, Fish and Game Code. Reference: Sections 355, 711, 713, 1050, 1055.3, 1526, 1528, 1530, 1570-1572, 1764, 1765, 2006 and 10504, Fish and Game Code. s 551.5. Merced National Wildlife Refuge Special Closure, Merced County. Note: Authority and reference cited: Sections 1526, 1528, 1530 and 10504, Fish and Game Code, and the 1962 U.S. Statutes at Large, pg. 238, and existing agreements with the United States relating to the administration of federally owned or leased areas. s 552. Regulations for National Wildlife Refuges Where Hunting Programs are Administered by the Department of Fish and Game. (a) The power to control entry on the federally owned areas listed in subsection 551(a)(2) is at the discretion of the Director of the U.S. Fish and Wildlife Service. The following lands owned by the U.S. Fish and Wildlife Service are open to hunting by the public under control of the California Department of Fish and Game. (1) Colusa National Wildlife Refuge. (A) Area Firearms Restrictions: Shotguns and steel or other nontoxic shot approved by the U.S. Fish and Wildlife Service only. A hunter shall not possess more than 25 shot shells while in the field. (B) Hunt Days: Waterfowl, coots, moorhens, and snipe: Saturdays, Sundays, and Wednesdays during open seasons. Pheasant: Waterfowl hunt days during the pheasant season. (C) Authorized Species: Waterfowl, coots, moorhens, snipe, and pheasants. (D) Camping and tents not allowed. No person may build or maintain fires, except in portable gas stoves. (E) Bicycles: Not allowed. (F) Hunters may enter or exit only at designated locations. Stopping vehicles between designated parking areas to drop off passengers or hunting equipment is prohibited. (G) Nonreservation Drawing: Nonreservation hunters may enter the drawing for either Colusa, Delevan, or Sacramento, but for not more than one location on any single hunt date. (2) Delevan National Wildlife Refuge. (A) Area Firearms Restrictions: Shotguns and steel or other nontoxic shot approved by the U.S. Fish and Wildlife Service only. A hunter shall not possess more than 25 shot shells while in the field. (B) Hunt Days: Waterfowl, coots, moorhens, and snipe: Saturdays, Sundays, and Wednesdays during open seasons. Pheasant: First Monday of pheasant season and on waterfowl hunt days during the pheasant season. (C) Authorized Species: Waterfowl, coot, moorhens, snipe, and pheasants. (D) Nonreservation Drawing: Nonreservation hunters may enter the drawing for either Colusa, Delevan, or Sacramento, but for not more than one location on any single hunt date. (E) Camping and tents not allowed. No person may build or maintain fires, except in portable gas stoves. (F) Bicycles: Not allowed. (G) Reservations: Each reservation assures entry of up to four individuals, whether adult hunters, junior hunters, or non-shooters. (H) Special Restrictions: When assigned hunting sites, hunters shall hunt only within 100 feet of their assigned sites, except to retrieve downed birds. Pheasant hunting is not permitted in the assigned blind area except on the first Monday of the pheasant season. (I) Hunters may enter or exit only at designated locations. Stopping vehicles between designated parking areas to drop off passengers or hunting equipment is prohibited. (3) Kern National Wildlife Refuge. (A) Area Firearms Restrictions: Shotguns and steel or other nontoxic shot approved by the U.S. Fish and Wildlife Service only. A hunter shall not possess more than 25 shot shells while in the field. (B) Hunt Days: Waterfowl, coots, and moorhens: Saturdays and Wednesdays during open seasons. Pheasant: Waterfowl hunt days during the regular pheasant season. (C) Authorized Species: Waterfowl, coots, moorhens, and pheasants. There shall be no hunting of common snipe. (D) Camping and Trailers: Not allowed. (4) Merced National Wildlife Refuge. (A) Area Firearms Restrictions: Shotguns and steel or other nontoxic shot approved by the U.S. Fish and Wildlife Service only. A hunter shall not possess more than 25 shot shells. (B) Hunt Days: Saturdays and Wednesdays during waterfowl season. (C) Shooting Hours: Waterfowl shooting hours will be from one-half hour before sunrise until 12:00 noon. (D) Authorized Species: Waterfowl, coots, and moorhens. There shall be no hunting of common snipe. (E) Camping and Trailers: Not allowed. (F) Bicycles: Allowed. (G) Reservations: Each reservation assures entry of no more than three persons if three-person blinds are available, or no more than two persons, if two-person blinds are available. All person's entering on the same reservation will receive the same hunt assignment. (H) Special Restrictions: Hunters must hunt from assigned blinds, except to retrieve downed birds. (5) Sacramento National Wildlife Refuge. (A) Area Firearms Restrictions: Shotguns and steel or other nontoxic shot approved by the U.S. Fish and Wildlife Service only. A hunter shall not possess more than 25 shot shells while in the field. (B) Hunt Days: Waterfowl, coots, moorhens, and snipe: Saturdays, Sundays, and Wednesdays during open seasons. Pheasants: The first Monday of pheasant season and on waterfowl hunt days during the pheasant season. (C) Authorized Species: Waterfowl, coots, moorhens, snipe, and pheasants. (D) Nonreservation Drawing: Nonreservation hunters may enter the drawing for either Colusa, Delevan, or Sacramento, but for not more than one location on any single hunt date. (E) Camping and tents not allowed. No person may build or maintain fires, except in portable gas stoves. (F) Bicycles: Not allowed. (G) Reservations: Each reservation assures entry of up to four individuals, whether adult hunters, junior hunters, or non-shooters. (H) Special Restrictions: When assigned hunting sites, hunters shall hunt only within 100 feet of their assigned sites, except to retrieve downed birds. Pheasant hunting is not permitted in the assigned blind area except on the first Monday of the pheasant season. (I) Hunters may enter or exit only at designated locations. Stopping vehicles between designated parking areas to drop off passengers or hunting equipment is prohibited. (6) San Luis National Wildlife Refuge. (A) Area Firearms Restrictions: Shotguns and steel or other nontoxic shot approved by the U.S. Fish and Wildlife Service only. A hunter shall not possess more than 25 shot shells while in the field. (B) Hunt Days: Saturdays, Sundays, and Wednesdays during waterfowl season. Waterfowl hunting is prohibited on the West Bear Creek Unit prior to the third Saturday in November. (C) Authorized Species: Waterfowl, coots, and moorhens. Hunting for pheasants will be allowed by permit only on designated days and areas at the Kesterson Unit on the first two days of pheasant season only, and at the San Luis Unit free roam area. Pheasant hunting is also allowed within the Kesterson Unit spaced blind area on the first Monday of the pheasant season only. Snipe hunting is allowed only within the San Luis Unit free roam area, and only on waterfowl shoot days when the area is open to hunting by adult license holders. (D) Camping and Trailers: Not allowed on the San Luis, Blue Goose, and the west Bear Units of the San Luis National Wildlife Refuge. (E) Bicycles: Allowed. (F) Reservations: For the Kesterson and Blue Goose units, each reservation assures entry of no more than three persons if three-person blinds are available, or no more than two persons if two-person blinds are available. For the Freitas units (north and south), each reservation assures entry of one boat with up to four persons. All person's entering on the same reservation will receive the same hunt assignment. (G) Special Restrictions: Hunters in the Kesterson and Blue Goose units must hunt from assigned blinds, except to retrieve downed birds. Hunters in free roam areas are not restricted to blinds. Freitas units are by boat only. (H) Hunters may enter or exit only at designated locations. Stopping vehicles between designated parking areas to drop off passengers or hunting equipment is prohibited. (7) Sonny Bono Salton Sea National Wildlife Refuge. (A) Area Firearms Restrictions: Shotguns and steel or other nontoxic shot approved by the U.S. Fish and Wildlife Service only. A hunter shall not possess more than 25 shot shells while in the field. Firearms must be unloaded when being transported between parking areas and blind sites. (B) Hunt days: Saturdays, Sundays, and Wednesdays during open seasons. (C) Authorized Species: Waterfowl, coots, and moorhens. (D) Camping and Trailers: Not allowed. (E) Special Restrictions: Hunters in the Hazard Unit shall hunt only from within 100 feet of their assigned blind sites or stakes, except to retrieve downed birds. Hunters in the Union Tract shall hunt only from within their blinds, except to retrieve downed birds. (F) Blind Limitation: Not more than four individuals may occupy a blind site. (8) Sutter National Wildlife Refuge. (A) Area Firearms Restrictions: Shotguns and steel or other nontoxic shot approved by the U.S. Fish and Wildlife Service only. A hunter shall not possess more than 25 shot shells while in the field. (B) Hunt Days: Waterfowl, coots, moorhens, and snipe: Saturdays, Sundays, and Wednesdays during open seasons. Pheasant: Waterfowl hunt days during the pheasant season. (C) Authorized Species: Waterfowl, coot, moorhens, snipe, and pheasants. (D) Camping and tents not allowed. No person may build or maintain fires, except in portable gas stoves. (E) Bicycles: Not allowed. (F) Hunters may enter or exit only at designated locations. Stopping vehicles between designated parking areas to drop off passengers or hunting equipment is prohibited. Note: Authority cited: Sections 200, 202, 203, 355, 713, 1050, 1526, 1528, 1530, 1570-72, 1765 and 10504, Fish and Game Code. Reference: Sections 355, 711, 713, 1050, 1055.3, 1526, 1528, 1530, 1570-72, 1585, 1764, 1765, 2006 and 10504, Fish and Game Code.Authority cited: Sections 200, 202, 203, 355, 713, 1050, 1526, 1528, 1530, 1570-72, 1765 and 10504, Fish and Game Code. Reference: Sections 355, 711, 713, 1050, 1055.3, 1526, 1528, 1530, 1570-72, 1585, 1764, 1765, 2006 and 10504, Fish and Game Code. s 553. Heenan Lake Wildlife Area. For the purpose of controlling public use during the fishing season, permits are required as follows: (a) Permits shall be issued only to holders of a valid California sport fishing license for persons 16 years of age and older. Persons under 16 years of age shall be accompanied by an adult legally responsible for him or her and said adult shall list each minor on the permit. (b) Fishing permits shall be issued at offices of the Department of Fish and Game in Redding, Sacramento, Rancho Cordova, Bishop, Yountville, Fresno, Long Beach and at designated license agents in Markleeville. (c) A fee of $3.00 shall be charged for each three-day weekend period for all persons 16 years of age or older. (d) Only boats propelled by oars or electric motors may be used. (e) Any portion of the Heenan Lake Wildlife Area may be closed to fishing or trespass by the Department by posting notice of the same. Note: Authority cited: Sections 1526, 1528 and 1530, Fish and Game Code. Reference: Sections 1526, 1528 and 1530, Fish and Game Code. s 553.1. Clifton Court Forebay Waterfowl Public Shooting Area. Note: Authority cited: Sections 1526-1530 and 10504, Fish and Game Code. s 554. Cooperative Deer Hunting Areas. To encourage the protection and enhancement of critical deer habitat, to provide added protection to landowners from depredations of trespassers and to provide greater access for the public to hunt on privately owned or controlled lands, the department may establish cooperative hunting areas and issue permits for the take of deer as specified subject to the following conditions: (a) Definition and Scope. A cooperative deer hunting area is an area of private land located within critical deer habitat as determined by the department in deer quota zones (see Section 360) which require public drawings. The cooperative hunting area shall encompass not less than a total of 5,000 acres, except that such area may consist of neighboring lands not less than 640 acres in size under the control of one or more owners. (b) Application Process. Application forms are available from the department's headquarters and regional offices. The applicant for a cooperative deer hunting area permit shall be an owner of said land. The completed application form and a completed one deer tag application for the appropriate deer zone shall be submitted to one of the following offices of the Department of Fish and Game: Region 1, 601 Locust Street, Redding 96001 (530) 225-2300 Region 2, 1701 Nimbus Road, Rancho Cordova 95670 (916) 358-2900 Region 3, 7329 Silverado Trail, Box 47, Yountville 94599 (707) 944-5500 Region 4, 1234 East Shaw Avenue, Fresno 93710 (559) 243-4005 Region 5, 4949 View Ridge Avenue, San Diego 92123 (858) 467-4201 Region 6, 4775 Bird Farm Road, Chino Hills 91709 (909) 597-9823 The completed applications must be received prior to the first Friday in August. No individual may submit more than one cooperative deer hunting area application or deer tag application per deer season nor may there be more than two cooperative deer hunting area applicants for a given parcel of land. The department shall review the cooperative deer hunting application, verify the content thereof and certify that the lands consist of critical deer habitat prior to the issuance of a cooperative deer hunting area permit and deer tag. Only those applications that are filled out completely will be accepted. Incomplete applications will be returned within 15 days of receipt by the department. There shall be no fee for a cooperative hunting area permit. (c) A deer tag issued pursuant to the provisions of this section is valid only during the open deer season for the deer zone specified on the tag and may only be used on the lands specified in the landowner's application. (d) All provisions of the Fish and Game Code relating to the take of birds and mammals shall be a condition of all permits and tags issued pursuant to this section. (e) Any permit or tag issued pursuant to Section 554 may be cancelled or suspended at any time by the commission for cause after notice and opportunity to be heard, or without a hearing upon conviction of a violation of this regulation by a court of competent jurisdiction. Note: Authority cited: Section 1572, Fish and Game Code. Reference: Sections 1570-1572, Fish and Game Code. s 555. Cooperative Elk Hunting Areas. To encourage protection and enhancement of elk habitat and provide eligible landowners an opportunity for limited elk hunting on their lands, the department may establish cooperative elk hunting areas and issue license tags to allow the take of elk as specified in Section 364, and subject to the following conditions: (a) Definition and Scope. A cooperative elk hunting area is an area of private land located within the boundary of an area open to public elk hunting (as identified in Section 364). Minimum size of a cooperative elk hunting area shall be 5,000 acres, except that contiguous parcels of at least 640 acres in size may be combined to comprise a cooperative elk hunting area. Within an area open to public elk hunting, the number of cooperative elk hunting license tags issued shall not exceed 20 percent of the number of public license tags for the corresponding public hunt and shall be of the same designation (i.e., antlerless, spike bull, bull or either-sex) as the public license tags. If the number of applicants exceeds the number of cooperative elk hunting license tags available, the department will issue license tags by random drawing from the pool of qualified applicants. (b) Application Process. Application forms are available from the department's headquarters and regional offices. A person (as defined by Fish and Game Code Section 67) owning at least 640 acres within a cooperative elk hunting area shall be eligible to apply for a cooperative elk hunting area permit. Applicants shall designate one individual eligible to receive one elk license tag by the date indicated under subsection (3) below. Such individuals shall be California residents at least 12 years of age and possess a valid California hunting license. A person may annually submit a cooperative elk hunting area application where they own sufficient habitat as described in subsection (a) above, for each public hunt area in which their property occurs. (1) Applications shall be submitted to the department's regional office nearest the proposed cooperative elk hunting area. Department of Fish and Game regional offices are located as follows: Northern California and North Coast Region, 601 Locust Street, Redding 96001 (530) 225-2300 Sacramento Valley and Central Sierra Region, 1701 Nimbus Road, Rancho Cordova 95670 (916) 358-2900 Central Coast Region, 7329 Silverado Trail, Box 47, Yountville 94599 (707) 944- 5500 San Joaquin Valley and Southern Sierra Region, 1234 East Shaw Avenue, Fresno 93710 (559) 243-4005 South Coast Region, 4949 View Crest Avenue, San Diego 92123 (858) 467-4201 Eastern Sierra and Inland Deserts Region, 4775 Bird Farm Road, Chino Hills 91709 (909) 597-9823 (2) Completed applications must be received by the first business day following July 1. Only those applications that are filled out completely will be accepted. The Department will evaluate applications to determine if the specified parcels are of sufficient size within the boundary of a public elk hunt area, and contain important elk habitat. Rejected applications and those that are incomplete will be returned within 15 days of receipt by the department. If the number of accepted applications exceeds the license tags available, the department will determine successful applicants and a list of alternates by conducting a random drawing from the pool of qualified applicants as soon as possible after the application deadline. (3) Successful applicants will be notified by the department as soon as possible after the application deadline. Applicants shall submit the name, address, and valid California hunting license number of designated elk license tag recipients and payment of elk license tag fees by check, money order, or credit card authorization in the amount specified by subsection 708(d), to the department's regional office nearest the proposed cooperative elk hunting area, by the first business day following August 1. (c) An elk license tag issued pursuant to the provisions of this section is valid only during the general elk season in which the cooperative elk hunting area occurs and shall only be used on land specified in the landowner's application. License tags are not transferable. (d) All provisions of the Fish and Game Code and Title 14, CCR, relating to the take of birds and mammals shall be conditions of all license tags issued pursuant to this section. (e) Any permit issued pursuant to Section 555 may be canceled or suspended at any time by the commission for cause after notice and opportunity to be heard, or without a hearing upon conviction of a violation of this regulation by a court of competent jurisdiction. Note: Authority cited: Section 1572, Fish and Game Code. Reference: Sections 67 and 1570-1572. s 600. Licensed Game Bird Clubs. No licensed game bird club utilizing domestically reared game birds may be operated in this state except under a license issued by the department and under the provisions of this section. Domestically reared game birds include only the following: Pheasants of the speciesPhasianus colchicus, including all ring-necked pheasant races, Indian chukar, domestically reared wild turkey, Hungarian partridge, bobwhite quail, Coturnix quail, and other such species as may be designated by the Fish and Game Commission. (a) General Provisions for All Licensed Game Bird Clubs, Including Zone A and B Clubs. (1) Licensed Provisions. (A) Application Form. Application for a game bird club license shall be made on LICENSED GAME BIRD CLUB APPLICATION, Form LGBC 600 (5/95), which is incorporated by reference herein. Application forms are available from the Department of Fish and Game, License and Revenue Branch. The application form shall be completed in its entirety and submitted to the License and Revenue Branch. The approved application form (LGBC 600) shall be kept with the shooting permit records for the licensed area and shall be open to inspection. (B) Signing of Application. Applications shall be signed by the applicant. If the applicant is a corporation, the application shall be signed by any one or more duly authorized officers of the corporation. If the applicant is a partnership, the application shall be signed in behalf of the partnership by any one or more of the general partners. If the applicant is a person, doing business under a business name, the application shall be signed by such person accompanied by a statement of the name under which business is being done. (C) Inspection Requirement. The department may inspect each tract proposed for licensing to determine if it is suitable for a licensed game bird club. (D) Licensed Area. A licensed game bird club shall include the total area within the exterior boundary. (E) Map Requirement for New Areas or Boundary Changes. Applications for new areas and those involving a boundary change must include a current 7.5 minute U.S. Geological Survey topographic map denoting the boundaries of the proposed area or areas. (F) Transfer of License. The department may transfer a license to other land owned or controlled by a licensee if the land is located in the same county as the land specified in the original application, if the new land is suitable for the purposes of the license. A transfer of license may not require an additional fee but may require a department inspection to determine if the above provisions are satisfied. (G) Proof of Hunting Rights. Applications involving lands not owned by the applicant must include written verification that the applicant has acquired exclusive hunting rights on the land in question for the total period of the license. (H) Term of License. A game bird club license shall be issued for a period of one year from August 1 to July 31, or for the remainder of the period if issued after August 1. (I) License Fees. The base license fee shall be $280 for game bird clubs over 500 acres in size and $210 for game bird clubs of 500 acres or less. These fees shall be annually adjusted pursuant to Section 713 of the Fish and Game Code. (J) Request for Cancellation of License. A licensee shall request that his/her license be cancelled. This request must be made in writing to the department's License and Revenue Branch (see subsection (a)(1)(A)). The license fee shall not be refunded for a cancelled license. (K) License Revocation or Suspension. The department may revoke, suspend or decline to renew a license for failure to comply with the provisions of a license or failure to comply with these regulations. Any person whose license is revoked or suspended may request a hearing before the commission to show cause why his/her permit should not be revoked or suspended. (2) Posting of Area. Every game bird club shall be posted on the exterior boundary with signs of a size not less than 8 1/2 by 11 inches at intervals of at least three (3) to the mile and at all corners and entrances. The signs shall include the name of the club and the words: "private licensed game bird club or private licensed pheasant club -authorized under regulations of the Fish and Game Commission -no trespassing." These signs shall be visible at least twenty-five (25) feet from the boundaries of such club. The department shall not furnish such signs. Signs shall be removed prior to September 15 of the succeeding year if no license is granted for that year. (3) Compliance Requirement. It is unlawful to shoot, attempt to shoot, or otherwise take any game bird on the premises of any licensed game bird club unless the provisions of this Section 600 have been complied with. The department may inspect the premises of each licensed area to determine whether or not the licensee has complied with these regulations. (4) Shooting Permit Requirement. No person may hunt domestically reared game birds on a licensed game bird club without having in possession a valid hunting license, a valid upland game bird stamp and a valid game bird club shooting permit issued by the licensee or an agent authorized by the licensee (see subsection (a)(9)). The shooting permit shall include the following information: name, hunting license number, and date(s) permit is valid. (5) Daily Log Sheets. Every hunter on a licensed game bird club shall sign in on a daily log sheet at the location designated on the license application prior to going afield in pursuit of domestically reared game birds. (6) Shooting Records. Licensees shall maintain a record for each shooting day on forms supplied by the department, LICENSED GAME BIRD CLUB MONTHLY REPORT, Form LGBC 600B (5/97), which is incorporated by reference herein, and shall make entries on the record for each shooting day. (7) Shooting Records Maintenance. Shooting permit records and other records required by these regulations shall be open to inspection by the department on shooting days at a designated site identified in the license application. During the balance of the shooting season, these records shall be available for inspection by the department from the licensee or authorized agent. Records must be retained for inspection for a period of one year after the close of the shooting season. The licensee shall submit all of the LGBC 600B forms provided by the department showing the daily and monthly numbers of each species released and taken. The report shall be sent to the Department of Fish and Game, at an address to be determined by the Department, within thirty (30) days after shooting has ceased, and the licensee shall maintain a legible copy of such record. (8) Seal Requirement. (A) Seals shall be affixed by the licensee, or an authorized agent, to all pheasants, chukars, and turkeys taken on a licensed game bird club area. Seals shall be applied immediately upon the hunter's return to club headquarters. Seals shall remain attached to the birds until they are finally prepared for consumption. Seals shall be supplied by the department at a fee of five cents ($0.05) each. These seals shall be purchased and located on the club area prior to the taking of any released birds. Seals may be obtained from the department's License and Revenue Branch (see subsection (a)(1)(A)). (B) Seals shall be affixed to bagged pheasants, chukars, and turkeys only. Seals shall be affixed only by the licensee or an authorized agent. (C) The licensee must account for all used and unused seals upon request by the department. The licensee is required to destroy all unused seals at the end of each season. (D) There shall be no refund of money for unused seals. (E) Seals are not transferable and shall be used only on the licensed club to which they are issued. (F) Seals are not required for domestically reared game birds other than pheasant, chukar, and turkey. (9) Authorized Agents. The licensee may appoint authorized agents to serve in his/her capacity. An authorized agent must be 16 years of age or older. The applicant shall declare the intended authorized agents on LICENSED GAME BIRD CLUBS - AUTHORIZED AGENTS, (Form LGBC 600A), which is incorporated by reference herein, and post the form at the club headquarters for the duration of the season. (10) Liberation of Birds. (A) The department may require the licensee to deliver birds to the licensed area for inspection and/or banding. If banding is required the licensee or authorized agent shall remove all leg bands from birds killed on the licensed game bird club and return them to the department's Wildlife Management Division (see subsection (a)(7) for address). (B) At time of release, all birds shall be full-winged and otherwise in condition to go wild. Birds that are altered in any manner which would, in the opinion of the department, render them incapable of surviving in the wild, or which are diseased, or show evidence of malnutrition, shall be rejected for release. (C) Approval for the release and take of domestically reared wild turkeys will not be granted in areas where wild turkeys have been released by the department or where a population of wild turkeys exists. (11) Shooting Hours. (A) The shooting hours for taking domestically reared game birds on licensed game bird clubs shall be from one-half hour before sunrise to one-half hour after sunset (pursuant to Section 310.5, Title 14, CCR). (12) Conduct of Hunters. The licensee or authorized agent, of a licensed game bird club, may refuse to issue a permit to any person who in his/her opinion is intoxicated or handles firearms in a careless and dangerous manner. The licensee, or authorized agent, may also revoke forthwith the permit of any hunter who endangers the safety of other hunters, destroys or endangers property on the club or fails to attempt to recover crippled or dead birds which he/she has shot or violates any fish and game regulations. (13) Laws and Regulations For Game Other Than Domestically Reared Game Birds. Game other than domestically reared game birds may be taken on a licensed game bird club under the laws and regulations applying to the state at large, including daily bag limits. (14) Prohibition on Removal of Domesticated Game Birds Taken By Means Other Than Hunting. No game birds killed in any manner other than by hunting by legal methods shall be removed from the premises of any licensed game bird club. It shall be unlawful to sell or buy or attempt to sell or buy any domestic game birds taken from such club. (15) Disease Prevention. Birds being reared for release by the licensee on a licensed game bird club or at an off-site location shall be maintained under conditions which are not conducive to the spread of diseases. Rearing facilities shall be subject to inspection by the department. (16) Game Bird Purchase Records. The licensee shall retain copies of all game bird purchase invoices. A copy of these records shall be available for inspection during the license year. Information concerning the date and number of birds delivered shall be recorded on all invoices. All pens and birds may be inspected by the department at any time. A department employee may witness all releases. (17) Use of Dogs. Hunters are encouraged to utilize retrieving dogs while in the field to assist in the recovery of downed birds. Hunters shall make a reasonable effort to locate all downed birds consistent with sections 203.1 and 4304 of the Fish and Game Code. For hunters without retrieving dogs, the licensee may provide dogs and accompanying handlers. No dog handler may serve as a guide and the use of dogs on licensed game bird clubs does not constitute guiding, as defined in Section 2535 of the Code. (b) Zones for Licensed Game Bird Clubs. For the purpose of hunting domestically reared game birds, the state is divided into Zone A and Zone B. Clubs licensed in these areas shall be known as Zone A and Zone B licensees, respectively. (1) Zone A Licensed Game Bird Clubs. (A) Zone A Defined. Zone A consists of the following area: San Joaquin-Sacramento Valleys; within a line beginning at the junction of State Highway 41 and Interstate Highway 5 northerly on Interstate Highway 5 to the junction of Washoe Avenue; northerly along Washoe Avenue to California Avenue (Panoche Road); westerly along California Avenue (Panoche Road) to Interstate Highway 5; northerly along Interstate Highway 5 to the Delta-Mendota Canal crossing; northerly and westerly along said canal to the crossing of the Southern Pacific Railroad tracks (about five (5) miles south of Byron); northwesterly along said railroad to its intersection with State Highway 4 at Brentwood; north and west along said State Highway 4 to its intersection with State Highway 84; along said State Highway 84 to the Sacramento-Contra Costa county line on the Antioch Bridge; westerly along the Sacramento-Contra Costa county line to its intersection with the Solano County boundary; northeasterly along the Sacramento County-Solano County line to Cache Slough; northwesterly along the South bank of Cache Slough to Haas Slough; northerly along the south bank of Haas Slough to its intersection with the Sacramento Northern Railroad tracks; northeasterly along the Sacramento Northern Railroad tracks to Bunker Station; westerly along the Bunker Station-Binghampton Road to State Highway 113; northerly along State Highway 113 to Hawkins Road; westerly along Hawkins Road to Leisure Town Road; southerly along Leisure Town Road to Cooper School Road; westerly along Cooper School Road to Nut Tree Road; northwesterly along Nut Tree Road to Interstate Highway 80; southwesterly along Interstate Highway 80 to the range line between R1W and R2W; northerly along said range line to the Pacific Gas and Electric Pit Vaca Dixon electrical transmission lines approximately six (6) miles north and east of the town of Capay; northwesterly along west right-of-way boundary of the said Pacific Gas and Electric transmission lines to the township line between T15N and T16N; northerly along the west right-of-way boundary of said transmission line to the Tehama County line; easterly along the Tehama-Glenn county line to the Sacramento River; northerly along the Sacramento River to the Tehama-Butte county Line; easterly along the Tehama-Butte county line to U.S. Highway 99; southeasterly along 99E through Chico to the junction of State Sign Route 162; southeasterly along State Sign Route 162 to the junction of State Highway 70; southeasterly on State Highway 70 to the township line between T18N and T19N; easterly on said township line to the Oroville-Bangor Highway; southeasterly on the Oroville-Bangor Highway to Bangor on the section line between Section 27 and Section 28, T18N, R5E; south on said section line to the township line between T18N and T17N; east on said township line to the range line between R5E and R6E; south on said range line to State Highway 20; easterly along said Highway 20 through Smartville to the common boundary between Nevada an Yuba counties; south along this boundary to Placer County; east along the common boundary of Nevada and Placer counties to the range line between R6E and R7E; south along said range line to the township line between T11N and T10N; east along this township line to the common boundary between Placer and El Dorado counties; south along said boundary to the common boundary between Sacramento and El Dorado counties; southeasterly along said boundary between Sacramento and El Dorado counties, Sacramento and Amador counties, San Joaquin and Amador counties, San Joaquin and Calaveras counties; southerly along the San Joaquin-Stanislaus county line to State Highway 4; easterly on State Highway 4 to Milton Road; southerly on Milton Road to its junction with Sonora Road; southeasterly along Sonora Road to Knights Ferry; southerly along the Knights Ferry-LaGrange Road to Warnerville; southerly along Crabtree Road to Turlock Lake State Park; southerly on Roberts Ferry Road to its intersection with Lake Road; westerly on Lake Road to Hawkins Road; southerly on Hawkins Road to Keyes Road; easterly on Keyes Road to its intersection with Cox Ferry Road; southerly along Cox Ferry Road and State Highway 59 to the Santa Fe Railroad tracks; southerly along the Santa Fe Railroad tracks through Planada and LeGrand to its intersection with State Highway 145; southwesterly along State Highway 145 to U.S. Highway 99; southerly along U.S. Highway 99 to State Highway 41; then southwesterly along State Highway 41 to the point of beginning. (B) Shooting Season. The Zone A shooting season for pheasants shall commence on the Saturday nearest the 15th day of October and extend for 114 consecutive days. For all other domestically reared game birds, the Zone A shooting season shall be from September 1 to March 31 of the following year. (C) Limitation on Pheasants Taken. At no time shall the number of pheasants taken on a Zone A licensed game bird club exceed 80% of the total number of pheasants previously released on the licensed area during the license year and up to 12 days prior to the season. Such birds must be released under the provisions of a current game bird club license. (D) Daily Bag Limit. There is no daily bag limit for domestically reared game birds on a Zone A licensed game bird club. (E) Unused Seals. Unused seals shall not be given to hunters. (F) Headquarters and Travel Route. A headquarters building, housetrailer, or site for record inspection shall be maintained for each licensed game bird club during the shooting season. The location of the building, housetrailer, or site must be designated on the license application. No shooting permits shall be issued or birds taken until such headquarters has been established. When hunters, in order to travel between headquarters and the licensed hunting area, must travel off the licensed hunting area, the applicant must include in his application a request for an authorized travel route. Such route shall not exceed 10 miles. Firearms must be unloaded in conformance with state law while hunters are using such authorized travel route. The travel route must be included in the application and indicated on the map to scale required in the application. The headquarters and authorized travel routes shall be considered part of the licensed premises for the requirements of sealing birds, but shall not affect the gross area of the club. (2) Zone B Licensed Game Bird Clubs. (A) Zone B Defined. Zone B consists of the remainder of the state not included in the area described in subsection (b)(1)(A) above (Zone A). (B) Shooting Season. The Zone B shooting season shall commence on September 1 and close on May 31. (C) Release of Pheasants Required. Pheasants may not be taken on a Zone B licensed pheasant club unless domestically reared pheasants have previously been released on the licensed area during the current license year. The take of pheasants shall at no time exceed the number previously released during the current license year. (D) Limitation on Birds Taken. The total number of pheasants which may be taken on a Zone B licensed game bird club shall not exceed the number of pheasants released on the licensed area during the license year. (E) Daily Bag Limit. There is no daily bag limit for domestically reared game birds on a Zone B licensed game bird club. (F) Unused Seals. Unused Zone B seals may be possessed only by the licensee or a duly authorized agent. (G) Headquarters and Travel Route. A headquarters building, housetrailer, or site for record inspection shall be maintained for each licensed game bird club during the shooting season. The location of the building, housetrailer, or site must be designated on the license application. No shooting permits shall be issued or birds taken until such headquarters has been established. When hunters, in order to travel between headquarters and the licensed hunting area, must travel off the licensed hunting area, the applicant must include in his application a request for an authorized travel route. Such route shall not exceed 10 miles. Firearms must be unloaded in conformance with state law while hunters are using such authorized travel route. The travel route must be included in the application and indicated on the map to scale required in the application. The headquarters and authorized travel routes shall be considered part of the licensed premises for the requirements of sealing birds, but shall not affect the gross area of the club. Note: Authority cited: Sections 203, 203.1, 3000 and 3270, Fish and Game Code. Reference: Sections 203, 203.1, 3000, 3270, 3500 and 4304, Fish and Game Code. s 600.1. Licensed Pheasant Clubs, Zone A. Note: Authority cited: Sections 3270, 3273, 3280 and 3282, Fish and Game Code. Reference: Sections 3270-3291, Fish and Game Code. s 600.2. Licensed Pheasant Clubs, Zone B. Note: Authority cited: Section 3270, Fish and Game Code. Reference: Sections 3270-3291, Fish and Game Code. s 600.3. Indian Chukars, Wild Turkeys, and Exotic Non-Resident Game Birds on Licensed Pheasant Clubs. Note: Authority cited: Sections 3270, 3270.5, 3287, 3302 and 3516, Fish and Game Code. Reference: Sections 3000 and 3270-3311, Fish and Game Code. s 600.4. Licensed Domesticated Migratory Game Bird Shooting Areas. Pursuant to the provisions of Section 3300 of the Fish and Game Code, licenses to operate licensed domesticated migratory game bird shooting areas may be issued by the Department of Fish and Game on the following terms: (a) Application Requirements. (1) If the application indicates that the property upon which a licensed domesticated migratory game bird shooting area is to be operated does not belong to the applicant, he shall declare in the application that he has acquired from the landowner exclusive hunting rights on the said property during the license period. The department may at its discretion require the applicant to provide written verification that he has acquired such hunting rights. (2) Application shall be made on forms supplied by the department. (3) Applications shall be signed by the applicant. If the applicant is a corporation the application shall be signed by any one or more duly authorized officers of the corporation. If the applicant is a partnership, the application shall be signed in behalf of the partnership by any one or more of the general partners. If the applicant is a natural person, doing business under a fictitious name, the application shall be signed by such natural person accompanied by a statement of the fictitious name under which he is doing business. (4) Appearance of Representative of Applicant. Whenever it appears to the commission, on information furnished by the department, that a licensee has not complied with all of the terms and conditions of his permit, no license shall be issued to such licensee for the following year unless he supports his application for renewal of his license by an appearance before the commission in person or by an authorized representative and presents evidence which, in the opinion of the commission, constitutes a justifiable excuse for his failure to satisfy the conditions of his permit during the preceding license year. Unless the commission is thus satisfied, no license shall be issued to the applicant for the period covered by the application. (5) License Withdrawal. The department may, in its discretion upon written application by the licensee, allow the licensee to withdraw from his license. In the application the licensee shall state the reasons for his request. The license fee shall not be refunded once the license has been issued. (b) Suitability of Area for Use as Licensed Domesticated Migratory Game Bird Shooting Area. No license for a licensed domesticated migratory game bird shooting area shall be issued until an investigation has been completed by the department and the department has determined that the property is suitable for the purpose of a licensed domesticated migratory game bird shooting area. The department shall base its determinations on whether or not the proposed shooting area will cause conflicts with wild migratory game bird hunting, that the establishment of the shooting area will be in the public interest, and that the operation of a licensed domesticated migratory game bird shooting area at the location specified in the application will not have a detrimental effect upon wild migratory game birds. In the event the license is refused by the department the applicant shall have the right of appeal to the Fish and Game Commission. (c) Signs. Licensed domesticated migratory game bird shooting area signs shall be posted by the licensee as required by Section 3301 of the Fish and Game Code. Such signs shall be removed prior to September 15 of the succeeding year if no license is granted for that year. (d) Inspection of Licensed Premises and Domesticated Migratory Game Birds. (1) The premises where domesticated migratory game birds are held for the purpose of shooting shall be inspected by the Department of Fish and Game for health of birds and sanitation of facilities. Licensees shall pay the department an inspection fee of two cents ($0.02) for each migratory game bird raised or imported for shooting purposes. (2) Every person who brings or causes to be brought into this state live domestically reared migratory game birds for shooting purposes shall have such birds inspected for disease and health conditions at the point of origin by a licensed veterinarian. A certificate stating that the birds are disease free and signed by a licensed veterinarian, and endorsed by a federal veterinarian, will be forwarded to the Department of Fish and Game for each shipment of birds. Any shipment of birds not accompanied by a certificate of inspection shall be destroyed or returned to the place of origin by the importer at his sole cost and responsibility. (e) Shooting Season. The season during which shooting shall be permitted shall be for the period September 1 through May 31. (f) Shooting Hours. Shooting hours for taking domesticated migratory game birds on licensed areas shall be from one-half hour before sunrise to sunset. (g) Methods of Take. Domesticated migratory game birds may be taken on licensed areas only by the following equipment or methods: (1) Shotguns 10 gauge or smaller using shotshells only and incapable of holding more than three shells in the magazine and chamber combined; (2) Muzzle-loading shotguns; (3) Falconry; (4) Long bow and arrow; (h) Reports and Records. Licensees shall maintain on forms supplied by the department an up-to-date record of the number of domesticated migratory game birds taken and the number of hunters using the area. Such original record shall be submitted to the Department of Fish and Game, Wildlife Protection Branch, 1416 Ninth Street, Sacramento, California 95814, within ten (10) days after the close of each month during the shooting season, and the licensee shall retain a legible copy of such records. Such records shall be open to inspection at the area headquarters on shooting days, at the club headquarters or in the possession of the licensee or his agent during the balance of the shooting season, and at a location specified by the licensee for one year thereafter. Such records shall be open to the inspection at any time during these periods by authorized representatives of the department. (i) Seals on Birds Killed. (1) Seals, as required by Section 3309 of the Fish and Game Code, shall be affixed by the licensee or his agent to all domesticated migratory game birds taken on the licensed area before such birds are removed from the licensed area. Unused seals shall not be given to shooters. These seals shall be of a type approved by the Fish and Game Commission and shall be purchased at a cost of five cents ($0.05) each prior to the taking of any domesticated migratory game birds on the license area. (2) All seals must be accounted for by the licensee whenever requested by the department, and at the end of the domesticated migratory game bird shooting area season unused seals shall be returned to the department with the final report. There shall be a refund of money for all returned unused seals. (3) Seals are not transferable and shall be used only on the licensed domesticated migratory game bird shooting area for which issued. (j) Posting of Laws and Regulations. Each licensee shall post a complete copy of the licensed migratory game bird shooting area laws and regulations in the area headquarters where they may be read by any person using the facilities of the area. An appropriate copy of the laws and regulations will be furnished to each licensee by the department. Note: Authority cited: Sections 200, 202, 219, 355, 356, 3000, 3302 and 3303, Fish and Game Code. Reference: Sections 200, 202, 219, 355, 356, 3000, 3300-3311 and 3500, Fish and Game Code. s 601. Enhancement and Management of Fish and Wildlife and their Habitat on Private Lands. (a) Definition and Scope: A Private Lands Wildlife Habitat Enhancement and Management Area, (Herein after referred to as a Private Wildlife Management Area) is an area of private lands for which the landowner or their designee has completed and implemented a wildlife habitat enhancement and management plan that actively encourages the propagation, conservation and wise use of the fish and wildlife populations on their land. Such areas shall be licensed annually by the commission. (b) Application Process: (1) Application Form and Management Plan: The applicant for a license to operate a Private Wildlife Management Area shall submit the appropriate completed application, as specified in Section 702, and any accompanying additional documentation to the department, at the appropriate regional office as listed on the application. An initial applicant shall include three copies of a general management plan containing at least the following information: (A) A legal description of the land to be included in the Private Wildlife Management Area. Four original USGS quadrangle maps or equivalent maps showing the boundaries of the Private Wildlife Management Area, access roads, any public lands within and/or adjacent to the Private Wildlife Management Area and all structures and facilities, shall be submitted with the original application; (B) An estimate of the wildlife and habitats present within the Private Wildlife Management Area, including an indication of animal distribution and habitat condition based on the California Wildlife Habitat Relationships Database System; (C) A statement of management objectives; (D) A detailed description of proposed management actions that are intended to achieve the management objectives; (E) The county General Plan land use designation for the Private Wildlife Management Area. (2) Applicants shall be individuals or corporate landowners or their designee. (3) Applications submitted by person(s) other than the landowner shall be approved and signed by the landowner(s). (4) License Fees: A nonrefundable fee for the purposes of management plan review by the department shall be submitted with the application for a revocable Private Wildlife Management Area license. The fee as specified in Section 702 will be based on the size of the Area as follows: (A) less than 5000 acres (B) 5,001 to 10,000 acres (C) 10,001 to 15,000 acres (D) greater than 15,001 acres This application fee is established pursuant to Section 3402(b) of the Fish and Game Code. Payment of the application fee does not constitute acceptance into the program. The Private Wildlife Management Area license shall be valid for five years during the period from July 1 through June 30, and subject to annual review and renewal by the commission. The application fee covers the initial five-year license period. A fee shall be submitted, based on the size of the area, with the license renewal application at the beginning of each subsequent five year period. This license shall be in place of any other license that may be required of private landowners by the Fish and Game Code or regulations made pursuant thereto. This section shall not, however, be construed to exempt anyone from any requirement pertaining to hunting and sport fishing licenses and stamps. The department will screen each application for compliance with these regulations. Applications that do not provide the information required, will be rejected and returned to the applicant. Any individual whose application has been rejected by the department may appeal that decision to the commission. Applications accepted by the department will be forwarded for commission review and approval. (5) Issuance of Area License: Upon approval of the general management plan, the department, with approval of the commission, shall issue a license for the taking of any fish, game bird or mammal in said Private Wildlife Management Area pursuant to the regulations of the commission and the terms and conditions of the permit, which may supersede Fish and Game Code Section 331(a) and (b) as it pertains to resident hunters and license tag fees for antelope, Section 332(b) and (c) as it pertains to resident hunters and license tag fees for elk, and sections 457-459, related to antlerless and either sex deer. (A) During the initial license year, the take of antelope or elk, will not be authorized, nor shall deer be taken except during the general open season, consistent with the bag and possession limits for the deer hunting zone in which the Area is located, unless otherwise stipulated by the commission. This provision does not apply to renewed licenses provided that the Private Wildlife Management Area has been continuously licensed in the Private Lands Wildlife Habitat Enhancement and Management Program. Upon satisfactory completion of the first year management actions identified in the plan for the Private Wildlife Management Area, the commission may authorize seasons and bag limits which differ from those established for the general seasons. Hunting must be consistent with the management plans prepared for that area or herd and should not result in an overall negative effect on the species population or herd being hunted as determined by the department. (6) Annual Review: Annual renewal applications must be submitted to the department no later than March 1. The annual renewal application shall contain a summary of habitat enhancement and management activities, harvest, and full payment of fees for the preceding year. The department shall review each plan to determine that the licensee has fulfilled the obligations as prescribed in the management plan. The annual review shall evaluate the following: (A) Results of activities carried out during the preceding year, including habitat improvement, wildlife production and population levels, hunter use and harvest of wildlife, including an accurate account of all hunting permits, seals and big game tags; (B) Recommended changes in the general management plan. (c) Tags and Seals: (1) Possession of Tags and Seals: Every person hunting on a Private Wildlife Management Area shall have in their immediate possession a valid California hunting license and the appropriate tag or seal issued by a licensee or their authorized agent. Tags shall be filled out by hunters before hunting. The tags or seals shall permit hunting for the period specified, or until revoked by the licensee or the department. Hunting permittees shall only take or possess those species and number of each species as specified by their hunting tags or seals as approved in the management plan. This does not apply to species not included in the management plan which may only be taken in accordance with the provisions of Part 2, Chapters 1-7, and 9 of these regulations and sections 4331 and 4332 of the Fish and Game Code. Hunting permittees while on the Private Wildlife Management Area shall be subject to all terms and conditions of the license. (2) Tag and Seal Procedures: (A) The department shall furnish each licensee with the appropriate tags or seals required by each management plan. With landowner approval and payment of the additional tag or seal fees, tags or seals issued by the licensee may be exchanged for a tag or seal for the same species for use on any other licensed Private Wildlife Management Area for the take of the same species. (B) Any deer hunter who has been issued a deer tag or deer tag application by the department and wishes to hunt on a Private Wildlife Management Area shall exchange an unfilled public tag(s) or tag application(s) of the current license year for a Private Wildlife Management Area deer tag(s). These tags can only be used on a Private Wildlife Management Area. In no event shall any hunting permittee take more than two deer each year anywhere in California on either public or private lands. No person shall take more than one buck deer in the X-zones, as defined in Section 360(b), Title 14, CCR. (C) Any pronghorn antelope hunter who has been issued a buck pronghorn antelope tag by the department and wishes to hunt on a Private Wildlife Management Area within the zone specified on the tag shall exchange an unfilled public buck pronghorn antelope tag of the current license year for a Private Wildlife Management Area buck pronghorn antelope tag. Any pronghorn antelope hunter who has been issued a doe pronghorn antelope tag by the department and wishes to hunt on a Private Wildlife Management Area within the zone specified on the tag shall exchange an unfilled public doe pronghorn antelope tag of the current license year for a Private Wildlife Management Area doe pronghorn antelope tag. In no case shall an exchange occur to allow pronghorn antelope hunting outside the geographic zone or prescribed dates of the original tag, as contained in Section 363, Title 14. No hunter shall exchange a Private Wildlife Management Area pronghorn antelope tag for a public tag. (D) Immediately upon killing any animal under the authority of the tag issued to them by the licensee, the hunter shall completely fill out the tag and attach it to the antler or horn of the male animal or to the ear of the female animal. Prior to transporting the carcass from the Private Wildlife Management Area, the hunter shall surrender the report card portion of the tag to the licensee or their designee. The hunter shall have the license tag validated pursuant to the provisions of Section 4341 of the Fish and Game Code and Section 708(a)(8), Title 14, CCR. The completed report card portion of the deer tag or any other species tag shall be returned to the department by the licensee on or before January 1. The license tag shall remain with the animal pursuant to sections 708(a)(3), 708(c)(4), 708(d)(4), Title 14, CCR. (3) Tag and Seal Fees: The licensee shall pay the department the fees specified in Section 702 for each tag and seal authorized annually. (d) Operation of a Private Lands Wildlife Habitat Enhancement and Management Area: (1) Posting: Private Wildlife Management Areas shall be posted by the licensee by placing signs which have been approved by the department and that forbid trespass. Signs shall be placed at intervals not less than three to the mile along exterior boundaries and at all roads and trails entering such lands. Where the area is bounded by land open to public hunting, posting shall be required with signs posted at intervals not less than eight to the mile. These signs shall identify both ingress to the Area and egress from the Area. Posting shall be completed no later than fourteen days prior to hunting within either the Area or adjacent public deer hunting zone, and maintained for the life of the license. Posting shall ensure that all boundaries are clearly marked and that no public access roads or areas appear to be closed. (2) Records: The licensee shall maintain accurate records of all tags and seals and make such records available to the department upon request. The licensee shall provide the department with the location of where records will be kept and available for inspection. An accurate accounting of all hunting tags and seals authorized shall be submitted to the Licenses and Revenue Branch, 3211 S Street in Sacramento, CA 95816, by March 1 of each year. Such accounting shall include the actual exchanged tags or applications provided by the individual hunters on each area. Each licensee shall pay for all the previous year's authorized tags and seals by March 1. In the event a licensee fails to remit all fees by March 1, the department may require full payment of all tags and seals prior to the next license year. Tag and seal fees which have not been paid in full by March 1 will be subject to a 10% late payment fee. All fees must be paid in full before the department forwards any renewal application to the commission for consideration and approval. (e) Revocation of Licenses, Tags, and Seals: (1) License: A Private Lands Wildlife Habitat Enhancement and Management Area license may be suspended temporarily by the Director, upon their verification of the facts, for a breach or violation of the terms of the license by the holder thereof, or by any person acting under their direction or control or in cooperation with them. The commission shall be notified of any such suspension and subsequently may revoke or reinstate the license or fix the period of suspension after written notice and a hearing at the next scheduled commission meeting has been provided to the licensee by the commission. Any licensee convicted of a violation of the Fish and Game Code or regulations made pursuant thereto or a violation of the terms and conditions of their license must appear before the commission prior to the issuance of a new license. (2) Tags and Seals: The licensee, their designee, or any employee of the department may revoke a Private Wildlife Management Area hunting tag or tags, seal or seals for a violation of any Fish and Game law or regulation or the terms and conditions of the Private Lands Wildlife Habitat Enhancement and Management Area license. (f) Termination of License: a licensee may elect to terminate involvement with the Private Lands Wildlife Habitat Enhancement and Management Program only after giving the commission and the department ten days notice of their intent to withdraw. The licensee must submit a certified letter of intent to the commission and the nearest regional office of the department along with a full accounting of all tags and seals used, exchange tags received, and all fees due the department. Prior to the department receiving this notice and full accounting with fees due, the licensee must abide by the terms and conditions of the license issued pursuant to Section 3402 of the Fish and Game Code. (g) No person shall violate any of the provisions of this section or any license issued pursuant thereto. Failure to comply therewith may result in: (1) denial of application (2) revocation of license and/or tags and seals (3) citation under the provisions of the Fish and Game Code. Note: Authority cited: Sections 200, 202, 203, 713, 3402, 3404 and 3406, Fish and Game Code. Reference: Sections 3400-3404, 3406-3409, 4331-4332 and 4341, Fish and Game Code. s 625. Area Closed: Birds or Mammals. For the purpose of facilitating the operation of the Sutter National Wildlife Refuge, it is unlawful to take birds or mammals by hunting on the following described lands: Approximately 127.28 acres owned by the State of California under and adjacent to the east levee of the Sutter Bypass between the hunter check station and parking lot on the north and the National Wildlife Refuge boundary on the south, as posted by signs. Note: Authority cited: Sections 203, 213, 355, 356, 1530 and 4150, Fish and Game Code. Reference: Sections 200, 202-203.1, 206, 211-213, 217, 221, 344, 356, 1525-1530 and 4150, Fish and Game Code. s 626. King Range Special Hunting Closure, Humboldt County. Note: Authority cited: Sections 200, 202 and 203, Fish and Game Code. Reference: Sections 200, 202-203.1, 206 and 220, Fish and Game Code. s 630. Ecological Reserves. The areas specified in this chapter have been declared by the Fish and Game Commission to be ecological reserves. A legal description of the boundaries of each ecological reserve is on file at the department's headquarters, 1416 Ninth Street, Sacramento. Ecological reserves are established to provide protection for rare, threatened or endangered native plants, wildlife, aquatic organism and specialized terrestrial or aquatic habitat types. Public entry and use of ecological reserves shall be compatible with the primary purposes of such reserves, and subject to the following applicable general rules and regulations, except as otherwise provided for in the special area regulations: (a) General Rules and Regulations: (1) Protection of Resources. No person shall mine or disturb geological formations or archeological artifacts or take or disturb any bird or nest, or eggs thereof, or any plant, mammal, fish, mollusk, crustacean, amphibian, reptile, or any other form of plant or animal life in an ecological reserve except as provided in subsections 630(a)(2) and (a)(8). The department may implement enhancement and protective measures to assure proper utilization and maintenance of ecological reserves. (2) Fishing. Fishing shall be allowed in accordance with the general fishing regulations of the commission except that the method of taking fish shall be limited to angling from shore. No person shall take fish for commercial purposes in any ecological reserve except by permit from the commission. (3) Collecting. No collecting shall be done in an ecological reserve except by permit issued pursuant to section 650 of these regulations. Any person applying for a permit must have a valid scientific collecting permit issued pursuant to part 3 of this title. (4) Motor Vehicles. No person shall drive, operate, leave, or stop any motor vehicle, bicycle, tractor, or other type of vehicle in an ecological reserve except on designated access roads and parking areas. (5) Swimming. No person shall swim, wade, dive, or use any diving equipment within an ecological reserve except as authorized under the terms of a permit issued pursuant to subsection (3). (6) Boating. No person shall launch or operate a boat or other floating device within an ecological reserve except by permit from the commission. (7) Trails. The department may designate areas within an ecological reserve where added protection of plant or animal life is desirable, and may establish equestrian or walking trails or paths within such designated areas. No person shall walk or ride horseback in such areas except upon the established trails or paths. (8) Firearms. No person shall fire or discharge any firearm, bow and arrow, air or gas gun, spear gun, or any other weapon of any kind within or into an ecological reserve or possess such weapons within an ecological reserve, except law enforcement personnel and as provided for in individual area regulations that allow for hunting. (9) Ejection. Employees of the department may eject any person from an ecological reserve for violation of any of these rules or regulations or for any reason when it appears that the general safety or welfare of the ecological reserve or persons thereon is endangered. (10) Public Entry. Public entry may be restricted on any area at the discretion of the department to protect the wildlife, aquatic life, or habitat. No person, except state and local law enforcement officers, fire suppression agencies and employees of the department in the performance of their official duties or persons possessing written permission from the department, may enter any ecological reserve, or portion thereof, which is closed to public entry. No person may enter any Ecological Reserve between sunset and sunrise except with written permission from the Department, which may be granted for purposes including night fishing in accordance with subsection (a)(2) from designated shore areas only. A $2.00 day use pass or a valid $10.00 annual wildlife pass is required of all users of Elkhorn Slough and Upper Newport Bay ecological reserves except for users that possess a valid California sport fishing license hunting license or trapping license, or users that are under 16 years of age or users that are part of an organized youth or school group and having free permits issued by the appropriate regional office. Refer to subsections 550(b)(4) and (5), Title 14, CCR, for regulations for fee requirements for wildlife areas. (11) Introduction of Species. Unless authorized by the commission, the release of any fish or wildlife species, including domestic or domesticated species, or the introduction of any plant species, is prohibited. The department may reintroduce endemic species on ecological reserves for management purposes. (12) Feeding of Wildlife. The feeding of wildlife is prohibited. (13) Pesticides. The use of pesticides is prohibited on any ecological reserve unless authorized by the commission with the exception that the department may use pesticides for management purposes and for public safety. (14) Litter. No person shall deposit, drop, or scatter any debris on any ecological reserve except in a receptacle or area designated for that purpose. Where no designated receptacles are provided, any refuse resulting from a person's use of an area must be removed from that area by such person. (15) Grazing. The grazing of livestock is prohibited on any ecological reserve. (16) Falconry. Falconry is prohibited. (17) Aircraft. No person shall operate any aircraft or hovercraft within a reserve, except as authorized by a permit from the commission. (18) Pets. Pets, including dogs and cats, are prohibited from entering reserves unless they are retained on a leash of less than ten feet or are inside a motor vehicle, except as provided for in individual area regulations that allow for hunting or training activities. (19) Fires. No person shall light fireworks or other explosive or incendiary devices, or start or maintain any fire on or in any reserve, except for management purposes as provided in subsection (a)(1). (20) Camping. No person shall camp on/in any ecological reserve. (21) Vandalism. No person shall tamper with, damage or remove any property not his own when such property is located within an ecological reserve. (b) Areas and Special Regulations for Use: (1) Agua Hedionda Lagoon Ecological Reserve, San Diego County. (A) The department, and the County of San Diego, after consultation with the department, may carry out management activities for fish and wildlife, flood control and vector control. Authorized operation and maintenance activities shall include, but shall not be limited to, use of chemicals, vegetation control, water control and use of associated equipment. (B) All fishing is prohibited. (2) Albany Mudflats Ecological Reserve, Alameda County. (3) Alkali Sink Ecological Reserve, Fresno County. (A) Grazing is permitted under a permit from the department. (4) Allensworth Ecological Reserve, Tulare County. (A) Grazing shall be allowed under permit from the department. (B) Hunting shall be permitted in accordance with general hunting regulations, but only at such times and in specific areas as designated by the department. (5) Apricum Hill Ecological Reserve, Amador County. (A) No person, except as provided in subsection (a)(10), shall enter the reserve. (6) Atascadero Creek Marsh Ecological Reserve, Sonoma County. (7) Bair Island Ecological Reserve, San Mateo County. (A) No person, except as provided in subsection (a)(10), shall enter this reserve during the period February 15 through May 20. (B) Waterfowl shall be taken in accordance with the general waterfowl regulations. (8) Baldwin Lake Ecological Reserve, San Bernardino County. (A) All fishing is prohibited. (B) Waterfowl and upland game hunting shall be allowed in accordance with the general hunting regulations. Waterfowl hunting shall be permitted from boats only, and in accordance with general waterfowl hunting regulations and pursuant to the provisions of Section 551, Title 14, CCR. (C) Boating is permitted for the purpose of waterfowl hunting only. Boats may be launched and retrieved in designated areas only. (9) Ballona Wetlands Ecological Reserve, Los Angeles County. (A) Pedestrian use is allowed on designated trails only. (B) Bicycle use is allowed only on the designated bike path on the north side of the Ballona Creek flood control channel. (C) Fishing from shore is allowed only in designated areas along Ballona Creek flood control channel. Fishing from boats is allowed only within the Ballona Creek flood control channel. Only barbless hooks may be used. (D) Boating shall be allowed only within the Ballona Creek flood control channel. (E) Existing recreational uses may be allowed under license agreement with Playa Vista Little League in that portion of Area C identified in the license agreement unless it is determined by the department that restoration or other uses in this area are more appropriate. (F) Existing parking areas under leases to the County of Los Angeles may be allowed unless it is determined by the department that restoration or other uses in those areas are more appropriate. (10) Batiquitos Lagoon Ecological Reserve, San Diego County. (A) Notwithstanding the provisions of subsections (a)(1), (3), (5), (6) and (12), the department may issue permits to conduct biological research projects within the reserve. Such projects shall be compatible with the primary purpose of the reserve. (B) San Diego County, after consultation with the department, may carry out management activities necessary for fish and wildlife management, flood control and vector control. Authorized operation and maintenance activities shall include, but shall not be limited to, use of chemicals, vegetation control, water control and associated use of equipment. (11) Blue Ridge Ecological Reserve, Tulare County. (A) Grazing shall be allowed under permit from the department. (B) Hunting and trapping shall be permitted in accordance with the general hunting and trapping regulations, but only at such times and in specific areas as designated by the department. Trapping may only be done under permit from the department. (12) Blue Sky Ecological Reserve, San Diego County. (A) Bicycles prohibited. (13) Bobelaine Ecological Reserve, Sutter County. (A) No person, except as provided in subsection (a)(10), employees of the National Audubon Society or employees of the Department of Water Resources, in the performance of their official duties or those persons possessing written permission from the area manager, may enter the reserve for any purpose. (B) All fishing is prohibited. (C) The area manager may issue permits to conduct biological research projects and may restrict the use of boats, vehicles and other motorized equipment within the reserve. Such projects and use shall be compatible with the primary purposes of the reserve. (D) The Audubon Society may carry out operation and management activities necessary for fish and wildlife management, flood control, vector control and public access. Authorized operation and maintenance activities shall include, but not be limited to, use of chemicals, vegetation control, water control and associated use of equipment. (14) Boden Canyon Ecological Reserve, San Diego County. (A) Upland game hunting shall be permitted in accordance with the general hunting regulations, but only at such times and in specific areas as designated by the department. (15) Boggs Lake Ecological Reserve, Lake County. (16) Bolsa Chica Ecological Reserve, Orange County. (A) No person, except as provided in subsection (a)(10), or employees of Signal Corporation and its invitees, for the purposes of carrying out oil and gas operations, shall enter this reserve and remain therein except on established trails, paths or other designated areas. (B) Fishing shall be permitted at designated areas around outer Bolsa Bay only. (C) Horses are prohibited from entering the reserve. (D) Pets are prohibited from entering the reserve except when they remain inside a motor vehicle. (E) No person shall enter this reserve between 8:00 p.m. and 6:00 a.m. (F) Motor vehicles are prohibited between 8:00 p.m. and 6:00 a.m. (G) Vehicle parking is for reserve visitors' use only. (H) The County of Orange, after consultation with the department, may carry out management activities for fish and wildlife, flood control and vector control. Authorized operation and maintenance activities shall include, but shall not be limited to, use of chemicals, vegetation control, water control and use of associated equipment. (17) Bonny Doon Ecological Reserve, Santa Cruz County. (18) Boulder Creek/Rutherford Ranch Ecological Reserve, San Diego County. (19) Buena Vista Lagoon Ecological Reserve, San Diego County. (A) The County of San Diego, after consultation with the department, may carry out management activities for fish and wildlife, flood control and vector control. Authorized operation and maintenance activities shall include, but shall not be limited to, use of chemicals, vegetation control, water control and use of associated equipment. (B) Fishing is allowed at designated fishing areas only. (20) Burton Mesa Ecological Reserve, Santa Barbara County (A) Motor vehicles use is prohibited, except by department personnel or department authorized contractors for management or research, or by law enforcement/public safety officers in response to public safety or health hazards. (B) Upland game hunting may be permitted only at such times and in specific areas as designated by the department. (21) Butler Slough Ecological Reserve, Tehama County. (A) Livestock grazing may be allowed under permit from the department. (B) The department may carry out management activities necessary for habitat preservation and management. Authorized operations and maintenance activities shall include, but not be limited to, controlled livestock grazing, controlled burning, and chemical and mechanical treatment with the use of associated equipment. (22) Butte Creek Canyon Ecological Reserve, Butte County. (A) Motor vehicle use in the Reserve is prohibited except by Department personnel, law enforcement officers or firefighters in response to public safety or health hazards. (B) Horses are prohibited. (C) Fishing by boat or other flotation device within the Reserve and in the main channel of Butte Creek is permitted only from February 1 through April 30. Only hand-carried boats or flotation devices may be launched and operated. (D) The use, application or deposition in any form of toxic substances is prohibited unless authorized by the Commission. (23) Butte Creek House Ecological Reserve, Butte County. (A) Motor vehicle use is prohibited except by Department personnel, law enforcement officers, or firefighters in response to public safety or health hazards. (B) The use, application or deposition in any form of toxic substances is prohibited unless authorized by the Commission. (24) Buttonwillow Ecological Reserve, Kern County. (A) Grazing may be allowed under permit from the department. (B) Hunting may be permitted in accordance with general hunting regulations, but only at such times and in specific areas as designated by the department. (25) By-Day Creek Ecological Reserve, Mono County. (A) All fishing is prohibited. (B) Hunting shall be permitted in accordance with general hunting regulations. (26) Calhoun Cut Ecological Reserve, Solano County. (A) No person, except as provided below and in subsection (a)(10), shall enter this reserve. (B) Hunting for waterfowl is allowed only from a boat on waters of the main channel of Calhoun Cut and its tributaries, accessible only from Lindsey Slough and subject to the general hunting regulations and the provisions of subsection (a)(10), related to the protection of wildlife, aquatic life and habitat. (C) Fishing is allowed only from a boat on waters of the main channel of Calhoun Cut and its tributaries, accessible only from Lindsey Slough and subject to the general sport fishing regulations and the provisions of subsection (a)(10), related to the protection of wildlife, aquatic life and habitat. (D) Grazing may be allowed under permit from the Department. (27) Canada de los Osos Ecological Reserve, Santa Clara County. (A) No person, may enter the reserve except with written permission from the department, or unless part of an organized group that has received written permission. (B) Fishing may be allowed only with written permission from the department. Fishing may be permitted from boats, as well as from shore; only lightweight hand-carried boats or floatation devices may be launched and operated. No gasoline-powered boats shall be permitted. (C) Swimming, diving and wading may be allowed in designated areas with permission from the department. (D) Hunting may be allowed, but only in participation with department sponsored hunts at such times, areas, and species as designated by the department. (E) Target and skeet shooting, other discharge of firearms, and use of bow and arrow may be allowed, but only at such times and in specific areas as designated by the department. (F) Except as otherwise permitted by the department, all public access trails are open to foot access only. (G) Notwithstanding the provisions of subsections (a)(1), (2), (3), (5), (6), (8), (12) and (17), the department may issue permits to conduct biological research within the reserve, and may allow collection of plants and animals for educational purposes. Such activities must be compatible with the primary purpose of the reserve. (H) Camping and campfires may be allowed in specified areas with written permission from the department. (I) The department may restrict any activities on the reserve to persons under 16 and adults supervising those persons. (J) Dogs may be allowed in the reserve with written permission from the department. (K) Livestock grazing may be allowed for habitat management purposes under permit from the department. (28) Canebrake Ecological Reserve, Kern County. (A) Notwithstanding the provision of subsection (a)(15), grazing may be allowed under permit from the department. (B) Firearms, archery equipment, and hunting dogs, either on leash or in a vehicle, may be possessed only by licensed hunters only at such times and in specific areas as designated by the department. (C) Fishing may be allowed only in those specific areas designated by the department. (D) Notwithstanding the provisions of subsections (a)(1), (3), (5), (6), and (12), the department may issue permits to conduct biological or archaeological research. Such research shall be compatible with the primary purpose of the reserve. (E) Notwithstanding the provisions of subsection (a)(18), only those animals assisting visually impaired or disabled persons are permitted. (F) Notwithstanding the provisions of subsection (a)(7), equestrian use may be allowed, but only in specific areas designated by the department. (29) Carlsbad Highlands Ecological Reserve, San Diego County. (30) Carrizo Canyon Ecological Reserve, Riverside County. (A) No person, except as provided in subsection (a)(10), and employees of the Bureau of Land Management in the performance of their official duties shall enter this reserve during the period June 15 to September 30. (B) The County of Riverside may carry out management activities for fish and wildlife, flood control and vector control. Authorized operation and maintenance activities shall include, but shall not be limited to, use of chemicals, vegetation control, water control and use of associated equipment. (C) Pets are prohibited from entering the reserve except when they remain inside a motor vehicle. (31) Carrizo Plains Ecological Reserve, San Luis Obispo County, including the American, Panorama, Elkhorn Plain and Chimineas Units. (A) Hunting shall be allowed in accordance with the general hunting regulations and only at such times and in such places as designated by the Department. (B) Target shooting is permitted in designated areas. (C) Notwithstanding the provisions of subsection (a)(15), grazing may be allowed under permit from the department. (D) Notwithstanding the provisions on subsections (a)(1), (3), (5), (6), (10), (12) and (20), the department may issue permits to conduct biological research or monitoring compatible with the purposes of the reserve. (32) China Point Ecological Reserve, Siskiyou County. (A) No person, except as provided in subsection (a)(10) and employees of the U.S. Forest Service in the performance of their official duties, shall enter this reserve during the period February 15 through July 31. (B) Fishing shall be permitted from boats as well as from shore; boats may be launched and operated in the Klamath River. (C) Hunting shall be allowed in accordance with the general hunting regulations and subject to subsection (31)(A) above. (33) Chorro Creek Ecological Reserve, San Luis Obispo County. (A) Except as otherwise designated by the department, all public access trails are open to foot access only. (B) Notwithstanding the provisions of subsections (a)(1), (2), (3), (5), (6), (8), (12) and (17), the department may issue permits to conduct biological research within the reserve, and may allow collection of plants and animals for educational purposes. Such activities must be compatible with the primary purpose of the reserve. (C) Livestock grazing may be allowed for habitat management purposes under permit from the department. (34) Clover Creek Ecological Reserve, Shasta County. (A) Livestock grazing may be allowed under permit from the department. (B) The department may carry out management activities necessary for habitat preservation and management. Authorized operations and maintenance activities shall include, but not be limited to, controlled livestock grazing, controlled burning, and chemical and mechanical treatment with the use of associated equipment. (35) Coachella Valley Ecological Reserve, Riverside County. (A) The Bureau of Land Management, the Fish and Wildlife Service and The Nature Conservancy may carry out management activities necessary for fish and wildlife, flood control and vector control. Authorized operation and maintenance activities shall include, but not be limited to, use of chemicals, vegetation control, water control and associated use of equipment. (36) Coal Canyon Ecological Reserve, Orange County. (A) Hunting shall be permitted in accordance with the general hunting regulations, but only at such times and in specific areas as designated by the department. (B) Method of take restrictions: Shotguns and archery equipment only. (37) Coldwater Canyon Ecological Reserve, Ventura County. (A) The existing travel corridor through the area is open to foot traffic only. All other areas are closed to public entry. (38) Corral Hollow Ecological Reserve, San Joaquin County. (A) No person, except as provided in subsection (a)(10), shall enter the reserve. (39) Corte Madera Marsh Ecological Reserve, Marin County. (A) Boating is permitted, except only lightweight hand-carried boats may be launched within the reserve. (40) Cosumnes River Ecological Reserve, Sacramento County. (A) Walking is allowed only on established trails, paths or other designated areas. (B) Horses, except by written permission of the department for grazing management, are prohibited. (C) Boating is permitted subject to the limitation that only lightweight, hand carried, non-gasoline powered floating devices may be launched and operated from designated launching sites. The department or its designee may further restrict the use and operation of boats to protect resources or provide for the orderly operation of recreational programs. Boating restrictions may include, but are not limited to, seasonal closures. (D) Fishing is allowed only from a boat on the waters of the main channel of the Cosumnes River and sloughs accessible from the Mokelumne River in accordance with the general fishing regulations and the provisions of subsection (a)(10), related to the protection of wildlife, aquatic life and habitat. (E) Hunting may be permitted in accordance with general hunting regulations, but only at such times and in specific locations as designated by the department. (F) Picnicking shall occur only at such times and in those areas designated by the department. (G) Pets are prohibited from entering the reserve, except when they remain inside a motor vehicle. (H) The department, the State Lands Commission, the Bureau of Land Management, The Nature Conservancy, Ducks Unlimited, Inc. and the County of Sacramento may carry out management activities necessary for fish and wildlife management, flood control, vector control and public access. Authorized operation and maintenance activities shall include, but not be limited to, use of chemicals, vegetation control, animal control, water control and associated use of equipment. (I) Grazing may be allowed under permit from the department. (J) Notwithstanding the provisions of subsections (a)(1), (3), (5), (6) and (12), the department may issue permits to conduct biological or archaeological research. Such research shall be compatible with the primary purpose of the reserve. (K) Farming may be allowed under permit from the department when such farming is compatible with the primary purpose of the reserve. (41) Crestridge Ecological Reserve, San Diego County. (A) Non-motorized mountain biking may be allowed on designated roads during designated seasons as determined by the department. Closures may be implemented at the discretion of the department. (42) Dairy Mart Ponds Ecological Reserve, San Diego County. (A) San Diego County, after consultation with the department, may carry out management activities for vector control. Authorized operation and maintenance activities shall include, but shall not be limited to, use of chemicals, vegetation control, water control and associated use of equipment. (43) Dales Lake Ecological Reserve, Tehama County. (A) Waterfowl hunting shall be permitted in accordance with the general waterfowl regulations per Section 502, Title 14, CCR. (B) Livestock grazing may be allowed under permit from the department. (C) The department may carry out management activities necessary for habitat preservation and management. Authorized operations and maintenance activities shall include, but not be limited to, controlled livestock grazing, controlled burning, and chemical and mechanical treatment with the use of associated equipment. (44) Del Mar Mesa/Lopez Ridge Ecological Reserve, San Diego County. (45) Del Monte Dunes Ecological Reserve, Monterey County. (46) Eden Landing Ecological Reserve, Alameda County. (A) No person shall enter this reserve except on designated trails without written permission or by posted notice of the regional manager. (B) No person shall walk, ride horses or bicycles, except on designated trails. (C) Dogs are restricted to designated trails and designated hunting areas during the waterfowl season. In designated hunting areas, dogs may be off leash only for hunting during waterfowl season and must be under voice control at all times. (D)Waterfowl hunting shall be permitted, but only at such times and in specific areas as designated by the department. Waterfowl shall be taken in accordance with the general waterfowl regulations. (E) Fishing shall be permitted from boats and from shore, but only at such times and in specific areas as designated by the department. (F) Notwithstanding the provisions of section (a)(2), commercial bait fishing for brine shrimp may occur only at such times and in specific areas as designated by the department. (G) Notwithstanding the provisions of subsections (a)(1), (2), (3), (5), (6), (8), (10), (12) and (20), the department may issue permits to conduct biological research or monitoring compatible with the primary purposes of the reserve. (47) Elkhorn Slough Ecological Reserve (National Estuarine Research Reserve), Monterey County. (A) Notwithstanding the provisions of subsections (a)(1), (3), (5), (6) and (12), the department may issue permits to conduct biological research projects within the reserve. Such projects shall be compatible with the primary purposes of the reserve. (B) Fishing shall be conducted from only those specific areas of the reserve designated by the department. (C) Hunting shall be permitted in accordance with general hunting regulations, but only at such times and in specific areas as designated by the department. (D) Grazing shall be allowed under permit from the department. The department may restrict the use of horses by grazing permittees. (E) All designated public access trails are opened to foot access only. (F) The causing of excessive noise especially that amplified electronically is prohibited. (G) Picnicking shall be conducted in only those areas designated by the Department. (48) Estelle Mountain Ecological Reserve, Riverside County. (A) Upland game hunting shall be permitted in accordance with the general hunting regulations. (49) Fagan Marsh Ecological Reserve, Napa County. (A) Fishing shall be permitted from boats, as well as from shore; only lightweight hand-carried boats may be launched and operated. (B) Swimming and diving are permitted. (50) Fall River Mills Ecological Reserve, Shasta County. (51) Fish Slough Ecological Reserve, Inyo and Mono counties. (A) Fishing is prohibited within the 20-acre fenced and posted plot of land encompassing two spring areas and an artificial impoundment of 5.6 acres located in the northwest corner of that area known as "Fish Slough," northern Inyo and southern Mono counties. (B) Hunting shall be allowed in accordance with the general hunting regulations. (52) Fremont Valley Ecological Reserve, Kern County. (53) Goleta Slough Ecological Reserve, Santa Barbara County. (A) Notwithstanding the provisions of subsections (a)(1), (3), (5), (6) and (12), the department may issue permits to conduct biological research projects within the reserve. Such projects shall be compatible with the primary purposes of the reserve. (B) No person, except as provided in subsection (a)(10) or designated employees of Santa Barbara Airport, City of Santa Barbara and Goleta Valley Mosquito Abatement District for the purposes of carrying out official duties shall enter this reserve and remain therein except on established trails, paths or other designated areas. (C) No fishing shall be allowed except at designated areas. (D) Horses are prohibited. (E) The department, City of Santa Barbara and the Goleta Valley Mosquito Abatement District may carry out management activities necessary for fish and wildlife management and vector control. Authorized operation and maintenance activities shall include, but shall not be limited to, use of chemicals, vegetation control, water control, minor ditching for mosquito abatement when approved by department and use of associated equipment. (54) Harrison Grade Ecological Reserve, Sonoma County. (55) Headwaters Forest Ecological Reserve, Humboldt County. (A) Horses are prohibited from entering the reserve. (B) Bicycles are allowed only on the northern 3.5-mile designated corridor. (C) Dogs on leash are allowed only on the northern 3.5-mile designated corridor. (D) Camping may be authorized with written permission from the department or the Bureau of Land Management for research and monitoring. (E) Swimming may be authorized with written permission from the department or the Bureau of Land Management for research and monitoring. (F) Aircraft operations and motorized vehicle use may be authorized with written permission from the department or the Bureau of Land Management for emergency operations, monitoring, research and other management activities. (G) The Bureau of Land Management may carry out operation and maintenance activities necessary for fish and wildlife management and public access. Authorized operation and maintenance activities shall include, but not be limited to use of chemicals, vegetation control, forestry management, controlled burning and use of associated equipment. (56) Hidden Palms Ecological Reserve, Riverside County. (A) No person, except as provided in subsection (a)(10), shall enter this reserve. (57) Indian Joe Springs Ecological Reserve, Inyo County. (A) Upland game hunting shall be permitted in accordance with the general hunting regulations. (58) Joshua Creek Canyon Ecological Reserve, Monterey County. (59) Kaweah Ecological Reserve, Tulare County. (A) Grazing may be allowed only under permit from the department. (B) Hunting shall be allowed in accordance with the general hunting regulations, but only at such times and in specific areas as designated by the department. (60) Kerman Ecological Reserve, Fresno County. (A) Grazing may be allowed under permit from the Department. (B) Hunting shall be permitted in accordance with general hunting regulations from July 1 through January 31. Only licensed hunters will be permitted to possess firearms. Shotguns only, discharging not larger than number 2 lead or size T steel shot, will be allowed on the area. Possession of firearms for other than law enforcement purposes will not be permitted on the area, except as provided herein. (C) No plinking, firearms practice, or target shooting is allowed within the area. (61) King Clone Ecological Reserve, San Bernadino County. (62) Laguna Laurel Ecological Reserve, Orange County. (63) Lake Hodges Ecological Reserve, San Diego County. (64) Lake Mathews Ecological Reserve, Riverside County. (A) Notwithstanding the provisions of subsections (a)(1), (3), (5), (6) and (12), the department may issue permits to conduct biological research projects within the reserve. Such projects shall be compatible with the primary purposes of the reserve. (B) No person except as provided in subsection (a)(10) and employees and consultants of Metropolitan Water District and member public agencies of the District, in the performance of customary reservoir maintenance activities or other official duties, may enter or utilize boats, aircraft or motor vehicles within this reserve. (C) All fishing is prohibited. (D) Collections may be made by the department for the purposes of fish and wildlife management, or by Metropolitan Water District for the purpose of water quality testing. (E) The department and Metropolitan Water District may carry out management activities necessary to ensure water quality and the proper operation and maintenance of Lake Mathews as a water supply facility and natural area. Authorized operation and maintenance activities shall include, but shall not be limited to, use of chemicals, vegetation control, water control, rodent control and use of associated equipment. (65) Leek Springs Ecological Reserve, El Dorado County. (A) No person, except as provided in subsection (a)(10), shall enter this reserve without written permission from the regional manager. (B) All fishing is prohibited. (C) Pets are prohibited from entering the reserve. (D) Vehicles are prohibited, except for use by adjacent landowners and their invitees, United States Forest Service personnel, fire personnel or other authorized persons who may only use the road easement which bisects the property. (E) Horses and bicycles are prohibited. (66) Limestone Salamander Ecological Reserve, Mariposa County. (A) No person, except as provided in subsection (a)(10), shall enter this reserve. (67) Little Butte Ecological Reserve, Mendocino County. (68) Little Red Mountain Ecological Reserve, Mendocino County. (69) Loch Lomond Vernal Pool Ecological Reserve, Lake County. (70) Lokern Ecological Reserve, Kern County. (A) Notwithstanding the provision of subsection (a)(15), grazing may be allowed under permit from the department. (B) Hunting may be permitted in accordance with general hunting regulations only at such times and in specific areas as designated by the department. (71) Macklin Creek Ecological Reserve, Nevada County. (A) No person, except as provided in subsection (a)(10), shall enter this reserve without written permission from the regional manager. (B) All fishing in prohibited. (72) Magnesia Spring Ecological Reserve, Riverside County. (A) No person, except as provided in subsection (a)(10), and employees of the City of Rancho Mirage in the performance of their official duties shall enter this reserve during the period June 15 to September 30. (B) The County of Riverside may carry out management activities for fish and wildlife, flood control and vector control. Authorized operation and maintenance activities shall include, but shall not be limited to, use of chemicals, vegetation control, water control and use of associated equipment. (C) Pets are prohibited from entering the reserve except when they remain inside a motor vehicle. (73) Marin Islands Ecological Reserve, Marin County. (74) Mattole River Ecological Reserve, Mendocino County. (75) McGinty Mountain Ecological Reserve, San Diego County. (76) Meadowbrook Ecological Reserve, San Diego County. (77) Moro Cojo Ecological Reserve, Monterey County. (78) Morro Dunes Ecological Reserve, including the Bayview Unit, San Luis Obispo County. (79) Morro Rock Ecological Reserve, San Luis Obispo County. (A) No person shall enter into or upon this reserve for any purpose except as follows: 1. For the purpose of fishing and sightseeing, persons may enter upon that portion of Morro Rock between the low tide mark and a point ten (10) feet in elevation above the mean high tide mark. 2. Those persons provided for in subsection (a)(10), and employees of the Department of Parks and Recreation may enter the reserve in the performance of their official duties. (80) Napa River Ecological Reserve, Napa County. (A) Grazing is permitted under a permit from the department. (B) No person, except as provided in subsection (a)(10), shall enter this reserve between sunset and sunrise. (C) Swimming is permitted. (D) The possession and/or consumption of alcoholic beverages is prohibited. (81) North Table Mountain Ecological Reserve, Butte County. (A) Horses and bicycles are prohibited from entering the reserve. (B) Livestock grazing for habitat management is permitted under permit from the department. (C) Hunting is permitted for deer and upland game in accordance with the general hunting regulations through November 15. Hunting is prohibited after November 15 and through the spring turkey season. (82) Oasis Springs Ecological Reserve, Riverside County. (A) All fishing is prohibited. (B) Hunting shall be permitted in accordance with general hunting regulations. (83) Offshore Rocks and Pinnacles, coastal counties. (84) Otay Mountain Ecological Reserve, San Diego County. (A) Hunting shall be allowed in accordance with the general hunting regulations and the Bureau of Land Management's Wilderness Area Restrictions. (85) Owl Creek Ecological Reserve, Humboldt County. (86) Panoche Hills Ecological Reserve, Fresno County. (A) Grazing may be allowed under permit from the department. (B) Hunting shall be permitted in accordance with general hunting regulations from July 1 through January 31. Only licensed hunters will be permitted to possess firearms. (C) No plinking, firearms practice, or target shooting is allowed within the area. (87) Peytonia Slough Ecological Reserve, Solano County. (A) Fishing shall be permitted from boats as well as from shore. (B) Swimming, wading and diving shall be permitted within the reserve. (C) Boats may be operated within the reserve; however, only lightweight, hand-carried boats may be launched within the reserve. (88) Pilgrim Creek Ecological Reserve, San Diego County. (89) Phoenix Field Ecological Reserve, Sacramento County. (A) No person, except as provided in subsection (a)(10), shall enter this reserve. (90) Pine Hill Ecological Reserve, El Dorado County including the Salmon Falls Unit. (A) No person, except as provided in subsection (a)(10), shall enter this reserve. (B) No horses are permitted within the boundaries of the reserve. (91) Pismo Lake Ecological Reserve, San Luis Obispo County. (A) All fishing is prohibited. (92) Piute Creek Ecological Reserve, San Bernardino County. (A) Hunting shall be allowed in accordance with the general hunting regulations. (93) Plaisted Creek Ecological Reserve, San Diego County. (94) Pleasant Valley Ecological Reserve, Fresno County. (A) Grazing may be allowed under permit from the department. (B) Hunting may be permitted in accordance with the general hunting regulations, but only at such times and in specific areas as designated by the department. (95) Quail Hollow Ecological Reserve, Santa Cruz County. (96) Quail Ridge Ecological Reserve, Napa County. (A) No person, except as provided in subsection (a)(10) shall enter this reserve without permission from the department. (B) Hunting will be permitted only as specially authorized hunts determined by the department. (97) Rancho Jamul Ecological Reserve, including the Headquarters Unit, San Diego County. (A) Controlled retriever training may be permitted within a designated area. This area shall be clearly posted. (B) Hunting shall be allowed in accordance with the general hunting regulations, but only at such times and in specific areas as designated by the department. (C) Within the 50.51 acre Headquarters Unit, the Department may develop facilities and conduct activities consistent with training programs, meeting and storage needs, fire suppression and control, and educational programs under guidelines established by the regional manager. (D) Uses associated with occupied state housing shall be allowed within the 50.51 acre Headquarters Unit. (98) Redwood Shores Ecological Reserve, San Mateo County. (A) Fishing shall be permitted from boats as well as from shore; only lightweight, hand-carried boats may be launched and operated. (B) Swimming, wading and diving shall be allowed within the ecological reserve. (C) Bicycles are allowed along levee-top road system. (99) River Springs Lakes Ecological Reserve, Mono County. (A) Hunting shall be permitted in accordance with the general hunting regulations. (100) Saline Valley Ecological Reserve, Inyo County. (A) Hunting shall be allowed in accordance with the general hunting regulations. (101) San Bruno Mountain Ecological Reserve, San Mateo County. (102) San Diego River Ecological Reserve, San Diego County. (103) San Dieguito Lagoon Ecological Reserve, San Diego County. (A) Fishing shall be permitted from shore and from the Grand Avenue bridge. (B) No person, except as provided in subsection 630(a)(10), shall be permitted on the California least tern nesting island. (C) No person, except as provided in subsection 630(a)(10), shall enter this reserve between 8:00 p.m. and 5:00 a.m. (D) The County of San Diego, after consultation with the department, may carry out management activities for fish and wildlife, flood control and vector control. Authorized operation and maintenance activities shall include, but shall not be limited to, use of chemicals, vegetation control, water control and use of associated equipment. (E) Collections of fish, wildlife, water and soil may be made by the Department for the purposes of fish and wildlife management or by San Diego County for the purposes of water quality testing and vector control. (104) San Elijo Lagoon Ecological Reserve, San Diego County. (A) Notwithstanding the provisions of subsections (a)(1), (3), (5), (6) and (12), the department may issue permits to conduct biological research projects within the reserve. Such projects shall be compatible with the primary purposes of the reserve. (B) San Diego County, after consultation with the department, may carry out management activities for fish and wildlife management, flood control, vector control and regional park recreational activities. Authorized operation and maintenance activities shall include, but shall not be limited to, use of chemicals, vegetation control, water control, minor ditching and use of associated equipment. (C) Collections may be made by the department for purposes of fish and wildlife management or by San Diego County for the purpose of water quality testing and vector control. (105) San Felipe Creek Ecological Reserve, Imperial County. (A) Hunting shall be permitted in accordance with the general hunting regulations. (106) San Joaquin River Ecological Reserve, Fresno and Madera Counts. (A) No person shall enter into any unit of this reserve except as provided in subsection (a)(10), or as provided by written permission or by posted notice of the regional manager who will designate appropriate times and/or areas open to public use. (B) The Department may carry out or cause to be carried out management activities for fish and wildlife, flood control, and vector control. Authorized operation and maintenance activities shall include, but not be limited to, use of chemicals, vegetation control, water control and use of associated equipment. (C) Boating is permitted, subject to the limitations of subsection (A) above. Except in the execution of law enforcement, emergency services, or official duties of department employees or contractors, only lightweight, hand carried, non-gasoline powered floating devices may be launched and operated from designated launching sites. The Regional Manager or his designee may further restrict the use and operation of boats to protect the resource or provide for the orderly operation of recreational programs maintained on the area. Boating restrictions may include, but are not limited to, seasonal closures. (D) Angling shall be permitted from boats as well as from shore, subject to the limitations in subsections (A) and (C), above. (E) Subsection (a)(20) notwithstanding, late night or over-night use for camping and other purposes may be allowed subject to limitations in subsection (A) above. (F) Subsection (a)(11) notwithstanding, the Department may, for management purposes, introduce or cause to be introduced nonendemic fish species which are naturalized in the San Joaquin River system, primarily to establish and maintain urban sport-fishing opportunities. (G) Subsection (a)(17) shall not be construed to prohibit aircraft from operating within a normal flight pattern when taking off from or landing at the Sierra Skypark airport located approximately one-quarter mile south of the reserve. (H) Grazing for vegetation management may be allowed under permit from the department. (107) San Luis Rey River Ecological Reserve, San Diego County. (108) Santa Cruz Long-toed Salamander Ecological Reserve, Santa Cruz County. (A) No person shall enter the reserve for any purpose except as follows: 1. Those persons provided for in subsection (a)(10), and employees of the departments of Parks and Recreation and Transportation in the performance of their official duties. (109) Santa Rosa Plain Vernal Pool Ecological Reserve, Sonoma County, including the Hall Road, Todd Road, Wikiup and Yuba Drive Units. (A) No person, except as provided in subsection (a)(10), shall enter this reserve without written permission of the department. Public use of a trail to be constructed on the Hall Road Unit will be allowed under conditions established by the regional manager. (B) Ecological research and environment education may be conducted with written permission of the department. (C) Nothwithstanding the provision of subsection (a)(15), livestock grazing may be allowed for habitat management purposes under permit from the department. (110) Santa Rosa Plateau Ecological Reserve, Riverside County. (A) Notwithstanding the provisions of subsection (a)(18), only those animals assisting visually impaired or disabled persons are permitted. (111) Springville Ecological Reserve, Tulare County. (A) No person, except as provided in subsection (a)(10), shall enter between sunset and sunrise. (112) Stone Corral Ecological Reserve, Tulare County. (A) Notwithstanding the provision of subsection (a)(15), grazing may be allowed under permit from the department. (B) Hunting may be permitted in accordance with general hunting regulations only at such times and in specific areas as designated by the department. (113) Sycamore Canyon Ecological Reserve, Riverside County. (114) Sycuan Peak Ecological Reserve, San Diego County. (115) Table Bluff Ecological Reserve, Humboldt County. (A) Livestock grazing may be allowed under permit from the department. (B) The department may carry out management activities for the preservation and expansion of the endangered western lily (Lilium occidentale). Authorized management activities may include, but not be limited to, controlled livestock grazing, controlled burning, chemical treatment and mechanical treatment. (C) Except as provided in subsection (a)(10) no persons shall enter the fenced western lily area. (116) Theiller Sebastopol Meadowfoam Ecological Reserve, Sonoma County. (117) Thomes Creek Ecological Reserve, Tehama County. (A) Livestock grazing may be allowed under permit from the department. (B) The department may carry out management activities necessary for habitat preservation and management. Authorized operations and maintenance activities shall include, but not be limited to, controlled livestock grazing, controlled burning, and chemical and mechanical treatment with the use of associated equipment. (118) Tomales Bay Ecological Reserve, Marin County. (A) Waterfowl may be taken in accordance with the general waterfowl regulations. (B) Fishing shall be permitted from boats as well as from shore; only lightweight, hand-carried boats may be launched and operated. (C) Swimming, wading, and diving shall be allowed within the reserve. (D) The land area only of the reserve shall be closed to all entry from March 1 through June 30. (119) Upper Newport Bay Ecological Reserve, Orange County. (A) Fishing shall be permitted from boats. Fishing is also permitted from shore in designated areas. Clamming or wading is not permitted. (B) Swimming is permitted only in that area bayward from North Star Beach to mid-channel. (C) Boating is limited to non-motorized craft, with the exception of law enforcement, emergency, and department vessels and authorized operators under permit from the regional manager. Boating shall occur in designated areas only and is limited to five miles per hour. (D) No person shall walk, or ride horseback except on established trails, paths, or other designated areas. (E) The County of Orange may carry out management activities for fish and wildlife, flood control and vector control. Authorized operation and maintenance activities shall include, but shall not be limited to, use of chemicals, vegetation control, water control and use of associated equipment. (120) Walker Canyon Ecological Reserve, San Diego County. (A) Hunting shall be allowed in accordance with the general hunting regulations. (121) Watsonville Slough Ecological Reserve, Santa Cruz County. (122) West Mojave Desert Ecological Reserve, San Bernardino County. (A) Hunting shall be permitted in accordance with the general hunting regulations from July 1 to January 31. Only licensed hunters shall be permitted to possess firearms. (B) No plinking, firearms practice or target shooting is allowed within the ecological reserve. (123) Woodbridge Ecological Reserve, San Joaquin County. (A) No person, except as provided in subsection (a)(10), shall enter this reserve. (124) Yaudanchi Ecological Reserve, Tulare County. (A) Grazing is permitted under a permit from the department. (B) No person, except as provided in subsection (a)(10), shall enter this reserve between sunset and sunrise. (C) No person shall walk except on established trails, paths, or other designated areas. (D) Horses, except by written permission of the Department for the purpose of grazing, are prohibited. (125) Yorkville Ecological Reserve, Mendocino County. Note: Authority cited: Sections 1580, 1581, 1583 and 1907, Fish and Game Code. Reference: Sections 1526, 1528, 1530, 1580-1585, 1590 and 1591, Fish and Game Code. s 630.5. Marine Resources Protection Act Ecological Reserves. Note: Authority cited: Section 14 of Article XB of the California Constitution; and Sections 1580, 1581, 1582, 1583, 1584, 1585, 8610.9 and 8610.14, Fish and Game Code. Reference: Section 14 of Article XB of the California Constitution; and Sections 1580, 1581, 1582, 1583, 1584, 1585, 8610.9 and 8610.14, Fish and Game Code. s 631. Carmel Bay Ecological Reserve, Monterey County. Note: Authority cited: Sections 1580-1584, Fish and Game Code. Reference: Sections 1580-1584, Fish and Game Code. s 632. Marine Protected Areas and Special Closures. The areas specified in this section have been declared by the commission to be marine protected areas or special closures. Public use of marine protected areas or special closures shall be compatible with the primary purposes of such areas, and subject to the following applicable general rules and regulations, except as otherwise provided for in subsection 632(b), areas and special regulations for use. Nothing in this section expressly or implicitly precludes, restricts or requires modification of current or future uses of the waters identified as marine protected areas, special closures, or the lands or waters adjacent to these designated areas by the Department of Defense, its allies or agents. (a) General Rules and Regulations: (1) Protection of Resources. (A) State Marine Reserves: In a state marine reserve, it is unlawful to injure, damage, take, or possess any living, geological, or cultural marine resource, except under a permit or specific authorization from the commission for research, restoration, or monitoring purposes. (B) State Marine Parks: In a state marine park, it is unlawful to injure, damage, take, or possess any living or nonliving marine resource for commercial exploitation purposes. Any human use that would compromise protection of the species of interest, natural community or habitat, or geological, cultural, or recreational features, may be restricted by the commission as specified in subsection 632(b), areas and special regulations for use. The commission may permit research, monitoring, and educational activities and certain recreational harvest in a manner consistent with protecting resource values. (C) State Marine Conservation Areas: In a state marine conservation area, it is unlawful to injure, damage, take, or possess any living, geological, or cultural marine resource for commercial or recreational purposes, or a combination of commercial and recreational purposes except as specified in subsection 632(b), areas and special regulations for use. The commission may permit research, education, and recreational activities, and certain commercial and recreational harvest of marine resources, provided that these uses do not compromise protection of the species of interest, natural community, habitat, or geological features. (2) Pelagic Finfish. Pelagic finfish, for the purpose of this section, are defined as: northern anchovy (Engraulis mordax), barracudas (Sphyraena spp.), billfishes* (family Istiophoridae), dolphinfish (Coryphaena hippurus), Pacific herring (Clupea pallasi), jack mackerel (Trachurus symmetricus), Pacific mackerel (Scomber japonicus), salmon (Oncorhynchus spp.), Pacific sardine (Sardinops sagax), blue shark (Prionace glauca), salmon shark (Lamna ditropis), shortfin mako shark (Isurus oxyrinchus), thresher sharks (Alopias spp.), swordfish (Xiphias gladius), tunas (family Scombridae), and yellowtail (Seriola lalandi). *Marlin is not allowed for commercial take. (3) Access. Access into marine protected areas for non-consumptive uses including but not limited to swimming, surfing, diving, boating, hiking and walking is allowed unless otherwise specified in subsection 632(b), areas and special regulations for use. (4) Ejection. Employees of the department may eject any person from a marine protected area for violation of any of these rules or regulations or for any reason when it appears that the general safety or welfare of the marine protected area, its associated flora and fauna, or persons thereon is endangered. (5) Introduction of Species. Unless authorized by the commission, the release of any fish or wildlife species, including domestic or domesticated species, or the introduction of any plant species, is prohibited. The department may reintroduce endemic species to marine protected areas for management purposes. (6) Feeding of Wildlife. The feeding of wildlife is prohibited. (7) Anchoring. Vessels shall be allowed to anchor in any marine protected area with catch onboard unless otherwise specified in subsection 632(b), areas and special regulations for use. Fishing gear shall be stowed and not in use while anchored in a state marine reserve. Fishing gear, except legal fishing gear used to take species identified as allowed for take in subsection 632(b), shall be stowed and not in use while anchored in a state marine park or state marine conservation area. Anchoring regulations shall be consistent with federal law and allowances made for anchoring required by emergency or severe weather. (8) Transit. Vessels shall be allowed to transit through marine protected areas with catch onboard. Fishing gear shall be stowed and not in use while transiting through a state marine reserve. Fishing gear, except legal fishing gear used to take species identified as allowed for take in subsection 632(b), shall be stowed and not in use while transiting through a state marine park or state marine conservation area. (b) Areas and Special Regulations for Use. All geographic coordinates listed use the North American Datum 1983 (NAD83) reference datum: (1) Punta Gorda State Marine Reserve. This area is bounded by the three-fathom inshore depth contour, the 30-fathom depth contour and the following points: 40 <> 16.43' N. lat. 124 <> 22.00' W. long.; 40 <> 16.43' N. lat. 124 <> 23.50' W. long.; 40 <> 14.83' N. lat. 124 <> 23.18' W. long.; and 40 <> 15.23' N. lat. 124 <> 21.62' W. long. (A) Swimming. No person shall swim, wade, dive, or use any diving equipment within the Punta Gorda State Marine Reserve except as authorized pursuant to scientific research approved by the department. (B) Boating. Except as allowed pursuant to Federal law, no person shall launch or operate a boat or other floating device within the Punta Gorda State Marine Reserve except to pass through the area during the normal course of vessel transit along the coast, to avoid inclement weather, or pursuant to scientific research approved by the department. (C) Firearms. No person shall possess, fire, or discharge any firearm, bow and arrow, air or gas gun, spear gun, or any other weapon of any kind within, or into the Punta Gorda State Marine Reserve except as authorized pursuant to scientific research approved by the department. (D) Public Entry. Public entry into the Punta Gorda State Marine Reserve may be restricted at the discretion of the department to protect wildlife, aquatic life, or habitat. No person, except state and local law enforcement officers, fire suppression agencies and employees of the department in the performance of their official duties or persons possessing written permission from the department, or institution or agency entering into a memorandum of understanding (MOU) with the department, may enter an area which is closed to public entry. (E) Pesticides, Herbicides, and Other Regulated Chemicals. The use of pesticides, herbicides, and other regulated chemicals is prohibited in the Punta Gorda State Marine Reserve except as authorized pursuant to scientific research approved by the department. Where such chemicals are intended to be used as a part of any research program, any necessary authorization and/or permits required to dispense such chemicals into state waters or tide and submerged lands shall be obtained prior to final approval of the research by the department. (F) Litter. No person shall deposit, drop, or scatter any debris on the Punta Gorda State Marine Reserve. Any refuse resulting from a person's use of an area must be removed from that area by such person. (G) Aircraft. No person shall operate any aircraft or hovercraft within the Punta Gorda State Marine Reserve, except as authorized pursuant to scientific research approved by the department. (H) Pets. Pets, including but not limited to, dogs and cats, are prohibited from entering the Punta Gorda State Marine Reserve unless authorized by the department. (I) Memorandum of Understanding (MOU). The department may enter into MOU's with colleges, universities, and other bonafide research organizations to conduct marine-related research within the Punta Gorda State Marine Reserve. (J) Scientific research conducted within the Punta Gorda State Marine Reserve shall not interfere with access by land to coastal trails along the shoreline adjacent to the reserve. (2) MacKerricher State Marine Conservation Area. This area is bounded by the mean high tide line, the 3-fathom depth contour and the following points: 39 <> 29.81' N. lat. 123 <> 47.50' W. long.; 39 <> 29.95' N. lat. 123 <> 47.80' W. long.; 39 <> 27.62' N. lat. 123 <> 48.80' W. long.; and 39 <> 27.55' N. lat. 123 <> 48.52' W. long. (A) Take of all living marine resources is prohibited except: 1. Only the following species may be taken recreationally: finfish, red abalone, chiones, clams, cockles, rock scallops, native oysters, crabs, lobsters, ghost shrimp, sea urchins, mussels and marine worms except that no worms may be taken in any mussel bed unless taken incidentally to the take of mussels. 2. Only the following species may be taken commercially: finfish, crabs, ghost shrimp, jackknife clams, sea urchins, squid, algae except giant kelp and bull kelp and worms except that no worms may be taken in any mussel bed, nor may any person pick up, remove, detach from the substrate any other organisms, or break up, move or destroy any rocks or other substrate or surfaces to which organisms are attached. (3) Point Cabrillo State Marine Conservation Area. This area is bounded by the mean high tide line, a distance of 1000 feet offshore, and the following points: 39 <> 21.24' N. lat. 123 <> 49.25' W. long.; 39 <> 21.33' N. lat. 123 <> 49.64' W. long.; 39 <> 20.66' N. lat. 123 <> 49.68' W. long.; and 39 <> 20.57' N. lat. 123 <> 49.27' W. long. (A) Take of all living marine resources is prohibited except the commercial take of finfish and marine aquatic plants. (4) Russian Gulch State Marine Conservation Area. This area is bounded by the mean high tide line, the 3-fathom depth contour and the following points: 39 <> 19.86' N. lat. 123 <> 48.84' W. long.; 39 <> 19.85' N. lat. 123 <> 48.89' W. long.; 39 <> 19.52' N. lat. 123 <> 48.46' W. long.; and 39 <> 19.52' N. lat. 123 <> 48.23' W. long. (A) Take of all living marine resources is prohibited except: 1. Only the following species may be taken recreationally: finfish, red abalone, chiones, clams, cockles, rock scallops, native oysters, crabs, lobsters, ghost shrimp, sea urchins, mussels and marine worms except that no worms may be taken in any mussel bed unless taken incidentally to the take of mussels. 2. Only the following species may be taken commercially: finfish, crabs, ghost shrimp, jackknife clams, sea urchins, algae except giant kelp and bull kelp and worms except that no worms may be taken in any mussel bed, nor may any person pick up, remove, detach from the substrate any other organisms, or break up, move or destroy any rocks or other substrate or surfaces to which organisms are attached. (5) Van Damme State Marine Conservation Area. This area is bounded by the mean high tide line, the 3-fathom depth contour and the following points: 39 <> 16.45' N. lat. 123 <> 47.60' W. long.; 39 <> 16.355' N. lat. 123 <> 47.60' W. long.; 39 <> 16.27' N. lat. 123 <>47.545' W. long.; and 39 <> 16.27' N. lat. 123 <> 47.43' W. long. (A) Take of all living marine resources is prohibited except: 1. Only the following species may be taken recreationally: finfish, red abalone, chiones, clams, cockles, rock scallops, native oysters, crabs, lobsters, ghost shrimp, sea urchins, mussels and marine worms except that no worms may be taken in any mussel bed unless taken incidentally to the take of mussels. 2. Only the following species may be taken commercially: finfish, crabs, ghost shrimp, jackknife clams, sea urchins, algae except giant kelp and bull kelp and worms except that no worms may be taken in any mussel bed, nor may any person pick up, remove, detach from the substrate any other organisms, or break up, move or destroy any rocks or other substrate or surfaces to which organisms are attached. (6) Manchester and Arena Rock State Marine Conservation Area. This area is bounded by the mean high tide line and the following points: 39 <> 00.30' N. lat. 123 <> 41.90' W. long.; 39 <> 00.30' N. lat. 123 <> 44.40' W. long.; 38 <> 58.30' N. lat. 123 <> 45.60' W. long.; and 38 <> 57.50' N. lat. 123 <> 43.70' W. long. (A) Take of all living marine resources is prohibited except: 1. Only the following species may be taken recreationally: finfish, red abalone, chiones, clams, cockles, rock scallops, native oysters, crabs, lobsters, ghost shrimp, sea urchins, and marine worms except that no worms may be taken in any mussel bed unless taken incidentally to the take of mussels. 2. Only the following species may be taken commercially: finfish, crabs, ghost shrimp, jackknife clams, sea urchins, algae except giant kelp and bull kelp and worms except that no worms may be taken in any mussel bed, nor may any person pick up, remove, detach from the substrate any other organisms, or break up, move or destroy any rocks or other substrate or surfaces to which organisms are attached. (7) Del Mar Landing State Marine Park. This area is bounded by the mean high tide line and the following points: 38 <> 44.44' N. lat. 123 <> 30.81' W. long.; 38 <> 44.32' N. lat. 123 <> 30.95' W. long.; 38 <> 44.25' N. lat. 123 <> 30.64' W. long.; 38 <> 44.28' N. lat. 123 <> 30.49' W. long.; and 38 <> 44.40' N. lat. 123 <> 30.37' W. long. (A) Take of all living marine resources is prohibited except the recreational take of finfish by hook and line or spear. (8) Salt Point State Marine Conservation Area. This area is bounded by the mean high tide line and the following points: 38 <> 35.18' N. lat. 123 <> 20.49' W. long.; 38 <> 34.40' N. lat. 123 <> 21.35' W. long.; 38 <> 33.05' N. lat. 123 <> 19.58' W. long.; and 38 <> 33.55' N. lat. 123 <> 18.99' W. long. (A) Take of all living marine resources is prohibited except: 1. Only the following species may be taken recreationally: finfish, red abalone, chiones, clams, cockles, rock scallops, native oysters, crabs, lobsters, ghost shrimp, sea urchins, mussels and marine worms except that no worms may be taken in any mussel bed unless taken incidentally to the take of mussels. 2. Only the following species may be taken commercially: finfish, crabs, ghost shrimp, jackknife clams, sea urchins, algae except giant kelp and bull kelp and worms except that no worms may be taken in any mussel bed, nor may any person pick up, remove, detach from the substrate any other organisms, or break up, move or destroy any rocks or other substrate or surfaces to which organisms are attached. (9) Gerstle Cove State Marine Conservation Area. This area lies within the Salt Point State Marine Conservation Area and is bounded by the mean high tide line and a straight line connecting the following points: 38 <> 33.93' N. lat. 123 <> 19.85' W. long.; and 38 <> 33.93' N. lat. 123 <> 19.65' W. long. (A) Take of all living marine resources is prohibited except the commercial take of finfish and algae except giant kelp and bull kelp. (10) Fort Ross State Marine Conservation Area. This area is bounded by the mean high tide line, the 3-fathom depth contour, and the following points: 38 <> 30.71' N. lat. 123 <> 15.14' W. long.; 38 <> 30.57' N. lat. 123 <> 15.29' W. long.; 38 <> 30.35' N. lat. 123 <> 14.50' W. long.; and 38 <> 30.61' N. lat. 123 <> 14.16' W. long. (A) No recreational take of living or non-living marine resources is allowed except: finfish, red abalone, chiones, clams, cockles, rock scallops, native oysters, crabs, lobsters, ghost shrimp, sea urchins, mussels and marine worms except that no worms may be taken in any mussel bed unless taken incidentally to the take of mussels. Commercial take of species other than giant kelp and bull kelp is allowed. (11) Sonoma Coast State Marine Conservation Area. This area is bounded by the mean high tide line, the 3-fathom depth contour, and the following points: 38 <> 22.55' N. lat. 123 <> 04.64' W. long.; 38 <> 22.54' N. lat. 123 <> 04.78' W. long.; 38 <> 19.50' N. lat. 123 <> 04.80' W. long.; and 38 <> 19.40' N. lat. 123 <> 04.70' W. long. (A) No recreational take of living or non-living marine resources is allowed except: finfish, red abalone, chiones, clams, cockles, crabs, ghost shrimp, mussels, native oysters, rock scallops, sea urchins and marine worms except that no worms may be taken in any mussel bed unless taken incidentally to the take of mussels. Commercial take of species other than giant kelp and bull kelp is allowed. (12) Bodega State Marine Reserve. This area is bounded by the mean high tide line, a distance of 1000 feet offshore, and the following points: 38 <> 19.38' N. lat. 123 <> 04.47' W. long.; 38 <> 19.57' N. lat. 123 <> 04.71' W. long.; 38 <> 18.56' N. lat. 123 <> 04.33' W. long.; and 38 <> 18.71' N. lat. 123 <> 04.15' W. long. (A) In the Bodega State Marine Reserve licensees of the Regents of the University of California and all officers, employees, and students of such university may take, for scientific purposes, any invertebrate or specimen of marine plant life without a permit from the department. (B) The director of the Bodega State Marine Reserve may authorize any person to enter the Reserve for the purpose of taking fish, invertebrates, or marine plants for scientific study and to take or possess fish, invertebrates, or marine plants for scientific study. (C) Except as permitted by federal law or emergency caused by hazardous weather, it is unlawful to anchor or moor a vessel in the Bodega State Marine Reserve without authorization from the reserve director for the purpose of scientific study. (13) Tomales Bay State Marine Park. This area is bounded by the mean high tide line of Tomales Bay within Tomales Bay Ecological Reserve southeastward of a line drawn between the following two points: 38 <> 05.73' N. lat. 122 <> 49.84' W. long.; and 38 <> 05.45' N. lat. 122 <> 50.57' W. long. (A) Take of all living marine resources is prohibited except the recreational hook and line take of species other than marine aquatic plants. (B) Only lightweight, hand-carried boats may be launched or operated within the park. (C) Waterfowl may be taken in accordance with the general waterfowl regulations. (14) Point Reyes Headlands State Marine Conservation Area. This area is bounded by the mean high tide line, a distance of 1000 feet offshore and the following points: 37 <> 59.73' N. lat. 123 <> 01.46' W. long.; 37 <> 59.73' N. lat. 123 <> 01.68' W. long.; 37 <> 59.40' N. lat. 122 <> 57.60' W. long.; and 37 <> 59.40' N. lat. 122 <> 57.81' W. long. (A) Take of all living marine resources is prohibited except the commercial take of finfish and algae other than giant kelp and bull kelp. (15) Estero de Limantour State Marine Conservation Area. This area consists of waters below the mean high tide line within Estero de Limantour eastward of a line drawn between the following two points: 38 <> 01.97' N. lat. 122 <> 55.97' W. long.; and 38 <> 02.33' N. lat. 122 <> 55.97' W. long. (A) Take of all living marine resources is prohibited except the commercial take of finfish and algae other than giant kelp and bull kelp. (16) Duxbury Reef State Marine Conservation Area. This area is bounded by the mean high tide line, a distance of 1000 feet offshore and the following points: 37 <> 55.52' N. lat. 122 <> 44.17' W. long.; 37 <> 55.42' N. lat. 122 <> 44.31' W. long.; 37 <> 53.65' N. lat. 122 <> 41.91' W. long.; and 37 <> 53.77' N. lat. 122 <> 42.02' W. long. (A) Take of all living marine resources is prohibited except: 1. Only the following species may be taken recreationally: Red abalone, dungeness crabs, rock crabs, rockfish (family Scorpaenidae), lingcod, cabezon, surfperch (family Embiotocidae), halibut, flounder, sole, turbot, salmon, kelp greenling, striped bass, steelhead, monkeyface-eel, wolf-eel, smelt, and silversides. 2. Commercial take of species other than giant kelp and bull kelp is allowed. (17) Farallon Islands State Marine Conservation Area. This area is bounded by the mean high tide line and a distance of 1 nautical mile offshore Southeast Farallon and North Farallon Islands. (A) Take other than the recreational take of marine aquatic plants is permitted except within the areas described in this section during the stated timeframes. (B) Except as specifically prohibited under this section, boating, sport and commercial fishing, swimming, and skin and SCUBA diving are permitted within the ecological reserve, which extends one nautical mile from the coastline of Southeast Farallon and North Farallon Islands. (C) All vessels shall observe a five (5) nautical mile per hour speed limit within 1,000 feet of any shoreline in the reserve. (D) All commercial abalone and sea urchin diving vessels operating in the reserve shall terminate their vessel engine exhaust system either through a muffler for dry exhaust systems, or below the vessel waterline for wet exhaust systems. (E) All commercial abalone and sea urchin diving vessels equipped with an open, deck-mounted air compressor system, while operating in the reserve, shall have the air compressor's engine exhaust system terminate below the vessel waterline. (F) From March 15 through August 15 of each year no vessel shall be operated or anchored less than 300 feet from the shoreline of any of the four islets comprising the North Farallons, including North Farallon, the Island of St. James and the two unnamed islets located between them, in the vicinity of 37 << degrees>> 46' N. lat. 123 <> 06' W. long., except in the area beginning at a line extending due west magnetic from the northernmost point of land on North Farallon and continuing clockwise to a line drawn due west magnetic from the southernmost point of land on North Farallon and in the area beginning at a line drawn due west magnetic from the northernmost point of land on the northernmost of the two unnamed islets extending clockwise to a line drawn due south magnetic from the southernmost point of land on that islet. (G) From March 15 through August 15 of each year no vessel shall be operated or anchored less than 300 feet from the shoreline in the area beginning at the south end of Jordan Channel, westward around Indian Head, then generally northward past Great Arch Rock, then generally following the shoreline to a line extending due west from the northernmost point of land on Sugarloaf Island or in the area from the east end of Mussel Flat, generally southward to the northeasternmost point of land on Saddle Rock (Seal Rock) then generally southwest along the northerly shoreline of Saddle Rock to the southwesternmost point of land on Saddle Rock and continuing generally northward to the west end of Mussel Flat, both areas at Southeast Farallon Island. (H) Nothing in this section shall prohibit emergency anchorage or vessel operation necessary to protect property or human life. (18) Fagan Marsh State Marine Park. This area consists of waters below the mean high tide line within the Fagan Marsh Ecological Reserve. (A) Take of all living marine resources is prohibited except the recreational hook and line take of species other than marine aquatic plants. (B) Only lightweight, hand-carried boats may be launched or operated within the park. (19) Peytonia Slough State Marine Park. This area consists of waters below the mean high tide line within the Peytonia Slough Ecological Reserve. (A) Take of all living marine resources is prohibited except the recreational hook and line take of species other than marine aquatic plants. (B) Only lightweight, hand-carried boats may be launched or operated within the park. (20) Corte Madera Marsh State Marine Park. This area consists of waters below the mean high tide line within the Corte Madera Marsh Ecological Reserve. (A) Take of all living marine resources is prohibited except the recreational hook and line take of species other than marine aquatic plants from shore only. (B) Only lightweight, hand-carried boats may be launched or operated within the park. (C) Swimming, wading, and diving are prohibited within the park. (21) Marin Islands State Marine Park. This area consists of waters below the mean high tide line within the Marin Islands Ecological Reserve. (A) Take of all living marine resources is prohibited except the recreational hook and line take of species other than marine aquatic plants from shore only. (B) Boating, swimming, wading, and diving are prohibited within the park. (22) Albany Mudflats State Marine Park. This area consists of waters below the mean high tide line within the Albany Mudflats Ecological Reserve. (A) Take of all living marine resources is prohibited except the recreational hook and line take of species other than marine aquatic plants from shore only. (B) Boating, swimming, wading, and diving are prohibited within the park. (23) Robert W. Crown State Marine Conservation Area. This area is bounded by the mean high tide line and a distance of 150 feet offshore between the following points: 37 <> 45.97' N. lat. 122 <> 16.84' W. long.; and 37 <> 45.95' N. lat. 122 <> 16.52' W. long. (A) Take of all living marine resources is prohibited except: 1. Finfish may be taken recreationally by hook and line only. 2. Finfish and kelp may be taken commercially. (24) Redwood Shores State Marine Park. This area consists of waters below the mean high tide line within the Redwood Shores Ecological Reserve. (A) Take of all living marine resources is prohibited except the recreational hook and line take of species other than marine aquatic plants. (B) Only lightweight, hand-carried boats may be launched or operated in within the park. (25) Bair Island State Marine Park. This area consists of waters below the mean high tide line within the Bair Island Ecological Reserve. (A) Take of all living marine resources is prohibited except the recreational hook and line take of species other than kelp from shore only. (B) Boating, swimming, wading, and diving are prohibited within the park. (C) No person, except state and local law enforcement officers, fire suppression agencies and employees of the department in the performance of their official duties or persons possessing written permission from the department, shall enter this park during the period February 15 through May 20. (D) Waterfowl may be taken in accordance with the general waterfowl regulations. (26) James V. Fitzgerald State Marine Park. This area is bounded by the mean high tide line, a distance of 1000 feet offshore and the following points: 37 <> 32.68' N. lat. 122 <> 31.00' W. long.; 37 <> 32.75' N. lat. 122 <> 31.18' W. long.; 37 <> 29.73' N. lat. 122 <> 30.13' W. long.; and 37 <> 29.74' N. lat. 122 <> 29.90' W. long. (A) Take of all living marine resources is prohibited except the recreational take by hook and line or spear of: rockfish (family Scorpaenidae), lingcod, surfperch (family Embiotocidae), monkeyface eel, rock eel, white croaker, halibut, cabezon, kelp greenling, and smelt (Families Osmeridae and Atherinidae). (27) Special Closure: A Ano Nuevo Invertebrate Area. This area is bounded by the mean high tide line and the following points within the Ano Nuevo State Reserve: 37 <> 09.87' N. lat. 122 <> 21.76' W. long; and 37 <> 06.98' N. lat. 122 <> 18.37' W. long. (A) No invertebrates shall be taken except: 1. Recreational take of invertebrates is allowed except between the high tide mark and 100 feet beyond the low tide mark between November 30 and April 30. 2. Commercial take of the following invertebrates is allowed: crabs, ghost shrimp, jackknife clams, sea urchins, squid, and worms, except that no worms may be taken in any mussel bed, nor may any person pick up, remove, detach from the substrate any other organisms, or break up remove or destroy any rocks or other substrate or surfaces to which organisms are attached. (B) Public access restrictions are subject to change; contact the Ano Nuevo State Reserve office prior to entry. (28) Elkhorn Slough State Marine Reserve. This area is bounded by the mean high tide line and the 1.5-fathom depth contour within the Elkhorn Slough Ecological Reserve (National Estuarine Research Reserve). (A) A $2.00 day use pass or a valid $10.00 annual wildlife pass is required of all users of Elkhorn Slough Ecological Reserve except: users that possess a valid California sport fishing license, hunting license or trapping license; users that are under 16 years of age; or users that are part of an organized youth or school group and having free permits issued by the appropriate regional office. Refer to subsections 550(b)(4) and (5), Title 14, CCR, for regulations for fee requirements for wildlife areas. (29) Hopkins State Marine Reserve. This area is bounded by the mean high tide line, the 10-fathom depth contour, and the following points: 36 <> 37.25' N. lat. 121 <> 54.50' W. long.; 36 <> 37.63' N. lat. 121 <> 54.34' W. long.; 36 <> 37.22' N. lat. 121 <> 53.85' W. long.; and 36 <> 37.10' N. lat. 121 <> 54.09' W. long. (A) The director of the Hopkins State Marine Reserve, or any person to whom the director of the reserve has issued a permit, may take, for scientific purposes, any fish or specimen of marine plant life under the conditions prescribed by the department or the director of the reserve. (30) Pacific Grove State Marine Conservation Area. This area is bounded by the mean high tide line, the 10-fathom depth contour, and the following points: 36 <> 37.09' N. lat. 121 <> 56.49' W. long.; 36 <> 37.34' N. lat. 121 <> 57.34' W. long.; 36 <> 37.63' N. lat. 121 <> 54.34' W. long.; and 36 <> 37.25' N. lat. 121 <>54.50' W. long. (A) Take of all living marine resources is prohibited except: 1. Only the following species may be taken recreationally: finfish, and invertebrates other than mollusks or crustaceans. 2. Only the following species may be taken commercially by ring net, lampara net, or bait net: sardines, mackerel, anchovies, squid, and herring. (31) Carmel Bay State Marine Conservation Area. This MPA is comprised of two areas. The first is bounded by the mean high tide line, and a straight line connecting the following points: 36 <> 33.64' N. lat. 121 <> 57.07' W. long.; and 36 <> 31.40' N. lat. 121 <> 56.17' W. long. The second consists of waters shallower than 15 fathoms within an area bounded by straight lines connecting the following points in the order listed: 36 <> 33.65' N. lat. 121 <> 58.40' W. long.; 36 <> 33.65' N. lat. 121 <> 57.60' W. long.; 36 <> 33.10' N. lat. 121 <> 57.60' W. long.; 36 <> 33.10' N. lat. 121 <> 58.40' W. long.; and 36 <> 33.65' N. lat. 121 <> 58.40' W. long. (A) Take of all living marine resources is prohibited except the recreational take of finfish by hook-and-line or spear and the commercial take of kelp under the following conditions: 1. Within Stillwater Cove kelp may be removed at any time to allow the passage and mooring of boats between Pescadero Rocks and Arrowhead Point. 2. If, at any time, the director of the department finds that the harvesting of kelp will tend to destroy or impair any kelp bed or beds, or parts thereof, or tend to impair or destroy the supply of any food for fish or wildlife, the director shall serve on every person licensed to harvest kelp a 48-hour advance, written notice that the kelp bed, or part thereof, will be closed to the harvesting of kelp for a period not to exceed one year. After service of such a notice, the person upon whom notice is served may appeal to the commission for a hearing to reopen the kelp bed or part thereof. 3. Not more than five percent (5%) of the total weight of kelp harvested in any one day shall consist of bull kelp (Nereocystis spp.). 4. Any licensed person or company intending to harvest kelp within the conservation area shall give the department's marine region manager, or designee, at least 48 hours written or oral notice of the intention to harvest. At the option of the department, the licensed person or company shall allow an observer selected by the department to accompany the harvester during such harvest. 5. Not more than 50 percent (50%) of the kelp within Administrative Kelp Bed 219 shall be harvested in any four-month period. (32) Point Lobos State Marine Reserve. This area is bounded by the mean high tide line and the following points: 36 <> 31.40' N. lat. 121 <> 56.17' W. long.; 36 <> 31.60' N. lat. 121 <> 56.27' W. long.; 36 <> 31.50' N. lat. 121 <> 57.63' W. long.; 36 <> 30.81' N. lat. 121 <> 57.99' W. long.; 36 <> 30.33' N. lat. 121 <> 56.69' W. long.; and 36 <> 30.33' N. lat. 121 <> 56.33' W. long. (A) Boats may be launched and retrieved only in designated areas and may be anchored within the reserve only during daylight hours. (33) Julia Pfeiffer Burns State Marine Conservation Area. This area is bounded by the mean high tide line and the following points: 36 <> 10.50' N. lat. 121 <> 41.90' W. long.; 36 <> 09.60' N. lat. 121 <> 42.40' W. long; 36 <> 08.30' N. lat. 121 <> 40.80' W. long; 36 <> 09.20' N. lat. 121 <> 40.25' W. long; and 36 <> 09.25' N. lat. 121 <> 40.05' W. long. (A) Take of all living marine resources is prohibited except: 1. Only the following species may be taken recreationally: finfish, chiones, clams, cockles, rock scallops, native oysters, crabs, lobsters, ghost shrimp, sea urchins, mussels and marine worms except that no worms may be taken in any mussel bed unless taken incidentally to the take of mussels. 2. Only the following species may be taken commercially: finfish, crabs, ghost shrimp, jackknife clams, sea urchins, squid, kelp and worms except that no worms may be taken in any mussel bed, nor may any person pick up, remove, detach from the substrate any other organisms, or break up, move or destroy any rocks or other substrate or surfaces to which organisms are attached. (34) Big Creek State Marine Reserve. This area is bounded by the mean high tide line, the 50-fathom depth contour, and the following points: 36 <> 05.31' N. lat. 121 <> 37.10' W. long.; 36 <> 05.31' N. lat. 121 <> 38.24' W. long.; 36 <> 03.65' N. lat. 121 <> 37.04' W. long.; and 36 <> 03.65' N. lat. 121 <> 35.50' W. long. (A) Swimming. No person shall swim, wade, dive, or use any diving equipment within the Big Creek State Marine Reserve except as authorized pursuant to scientific research approved by the department. (B) Boating. Except as allowed pursuant to Federal law, no person shall launch or operate a boat or other floating device within the Big Creek State Marine Reserve except to pass through the area during the normal course of vessel transit along the coast, to avoid inclement weather, or pursuant to scientific research approved by the department. (C) Firearms. No person shall possess, fire, or discharge any firearm, bow and arrow, air or gas gun, spear gun, or any other weapon of any kind within, or into the Big Creek State Marine Reserve except as authorized pursuant to scientific research approved by the department. (D) Public Entry. Public entry into the Big Creek State Marine Reserve may be restricted at the discretion of the department to protect wildlife, aquatic life, or habitat. No person, except state and local law enforcement officers, fire suppression agencies and employees of the department in the performance of their official duties or persons possessing written permission from the department, or institution or agency entering into a memorandum of understanding (MOU) with the department, may enter an area which is closed to public entry. (E) Pesticides, Herbicides, and Other Regulated Chemicals. The use of pesticides, herbicides, and other regulated chemicals is prohibited in the Big Creek State Marine Reserve except as authorized pursuant to scientific research approved by the department. Where such chemicals are intended to be used as a part of any research program, any necessary authorization and/or permits required to dispense such chemicals into state waters or tide and submerged lands shall be obtained prior to final approval of the research by the department. (F) Litter. No person shall deposit, drop, or scatter any debris on the Big Creek State Marine Reserve. Any refuse resulting from a person's use of an area must be removed from that area by such person. (G) Aircraft. No person shall operate any aircraft or hovercraft within the Big Creek State Marine Reserve, except as authorized pursuant to scientific research approved by the department. (H) Pets. Pets, including but not limited to, dogs and cats, are prohibited from entering the Big Creek State Marine Reserve unless authorized by the department. (I) Memorandum of Understanding (MOU). The department may enter into MOU's with colleges, universities, and other bonafide research organizations, to conduct marine-related research within the Big Creek State Marine Reserve. (J) The Department shall only approve research within the Big Creek State Marine Reserve which is compatible with research underway within the reserve area prior to its establishment by the commission, such research compatibility to be determined by contacting the Reserve Manager for the Landels-Hill Big Creek Reserve prior to authorizing research within the reserve. (35) Atascadero Beach State Marine Conservation Area. This area is bounded by the mean high tide line, the three nautical mile offshore boundary, and the following points: 35 <> 23.64' N. lat. 120 <> 51.98' W. long.; 35 <> 23.50' N. lat. 120 <> 55.98' W. long.; 35 <> 22.10' N. lat. 120 <> 56.07' W. long.; and 35 <> 22.19' N. lat. 120 <> 52.20' W. long.; (A) Take of clams is prohibited. Take of other living marine resources is allowed. (36) Morro Beach State Marine Conservation Area. This area is bounded by the mean high tide line, the three nautical mile offshore boundary, and the following points: 35 <> 18.79' N. lat. 120 <> 52.30' W. long.; 35 <> 19.96' N. lat. 120 <> 55.90' W. long.; 35 <> 18.40' N. lat. 120 <> 56.35' W. long.; and 35 <> 17.13' N. lat. 120 <> 53.06' W. long. (A) Take of clams is prohibited. Commercial take of giant kelp and bull kelp is prohibited. Take of other living marine resources is allowed. (37) Pismo State Marine Conservation Area. This area is bounded by the mean high tide line, a distance of 1000 feet offshore, and the following points: 35 <> 07.65' N. lat. 120 <> 38.28' W. long.; 35 <> 07.60' N. lat. 120 <> 38.51' W. long.; 35 <> 07.28' N. lat. 120 <> 38.39' W. long.; and 35 <> 07.33' N. lat. 120 <> 38.17' W. long. (A) Take of all invertebrates and marine aquatic plants is prohibited except the commercial take of algae other than giant kelp and bull kelp. (38) Pismo-Oceano Beach State Marine Conservation Area. This area is bounded by the mean high tide line, the three nautical mile offshore boundary, and the following points: 35 <> 01.81' N. lat. 120 <> 38.07' W. long.; 35 <> 02.50' N. lat. 120 <> 41.69' W. long.; 34 <> 59.35' N. lat. 120 <> 42.50' W. long.; and 34 <> 58.48' N. lat. 120 <> 38.88' W. long. (A) Take of clams is prohibited. Commercial take of giant kelp and bull kelp is prohibited. Take of other living marine resources is allowed. (39) Vandenberg State Marine Reserve. This area is bounded by the mean high tide line, the 10-fathom depth contour, and the following points: 34 <> 36.27' N. lat. 120 <> 38.54' W. long.; 34 <> 35.82' N. lat. 120 <> 39.22' W. long.; 34 <> 33.03' N. lat. 120 <> 38.45' W. long.; and 34 <> 33.36' N. lat. 120 <> 37.60' W. long. (A) Swimming. No person shall swim, wade, dive, or use any diving equipment within the Vandenberg State Marine Reserve except as authorized pursuant to scientific research approved by the department. (B) Boating. Except as allowed pursuant to Federal law, no person shall launch or operate a boat or other floating device within the Vandenberg State Marine Reserve except to pass through the area during the normal course of vessel transit along the coast, to avoid inclement weather, or pursuant to scientific research approved by the department. (C) Firearms. No person shall possess, fire, or discharge any firearm, bow and arrow, air or gas gun, spear gun, or any other weapon of any kind within, or into the Vandenberg State Marine Reserve except as authorized pursuant to scientific research approved by the department. (D) Public Entry. Public entry into the Vandenberg State Marine Reserve may be restricted at the discretion of the department to protect wildlife, aquatic life, or habitat. No person, except state and local law enforcement officers, fire suppression agencies and employees of the department in the performance of their official duties or persons possessing written permission from the department, or institution or agency entering into a memorandum of understanding (MOU) with the department, may enter an area which is closed to public entry. (E) Pesticides, Herbicides, and Other Regulated Chemicals. The use of pesticides, herbicides, and other regulated chemicals is prohibited in the Vandenberg State Marine Reserve except as authorized pursuant to scientific research approved by the department. Where such chemicals are intended to be used as a part of any research program, any necessary authorization and/or permits required to dispense such chemicals into state waters or tide and submerged lands shall be obtained prior to final approval of the research by the department. (F) Litter. No person shall deposit, drop, or scatter any debris on the Vandenberg State Marine Reserve. Any refuse resulting from a person's use of an area must be removed from that area by such person. (G) Aircraft. No person shall operate any aircraft or hovercraft within the Vandenberg State Marine Reserve, except as authorized pursuant to scientific research approved by the department. (H) Pets. Pets, including but not limited to, dogs and cats, are prohibited from entering the Vandenberg State Marine Reserve unless authorized by the department. (I) Memorandum of Understanding (MOU). The department may enter into MOU's with colleges, universities, and other bonafide research organizations, including Vandenberg Air Force Base (VAFB), to conduct marine-related research within the Vandenberg State Marine Reserve. (J) The department shall enter into a Memorandum of Understanding (MOU) with the Commander of Vandenberg Air Force Base for the management and administration of the Vandenberg State Marine Reserve. The MOU shall include all uses necessary and compatible with the Vandenberg Air Force Base's national defense mission. (40) Refugio State Marine Conservation Area. This area is bounded by the mean high tide line and straight lines connecting the following points in the order listed: 34 <> 27.63' N. lat. 120 <> 05.32' W. long.; 34 <> 27.34' N. lat. 120 <> 05.75' W. long.; 34 <> 27.34' N. lat. 120 <> 02.75' W. long.; and 34 <> 27.76' N. lat. 120 <> 02.75' W. long. (A) Take of all living marine resources is prohibited except: 1. Only the following species may be taken recreationally: finfish, chiones, clams, cockles, rock scallops, native oysters, crabs, lobsters, ghost shrimp, sea urchins, mussels and marine worms except that no worms may be taken in any mussel bed unless taken incidentally to the take of mussels. 2. Only the following species may be taken commercially: finfish, crabs, ghost shrimp, jackknife clams, sea urchins, kelp, squid and worms except that no worms may be taken in any mussel bed, nor may any person pick up, remove, detach from the substrate any other organisms, or break up, move or destroy any rocks or other substrate or surfaces to which organisms are attached. (41) Goleta Slough State Marine Park. This area consists of waters below the mean high tide line within the Goleta Slough Ecological Reserve: (A) Take of all living marine resources is prohibited except the recreational hook and line take of species other than marine aquatic plants from designated areas. (B) Boating, swimming, wading, and diving are prohibited within the park. (C) No person shall enter this reserve and remain therein except on established trails, paths or other designated areas except department employees or designated employees of Santa Barbara Airport, City of Santa Barbara and Goleta Valley Mosquito Abatement District for the purposes of carrying out official duties. (42) Richardson Rock (San Miguel Island) State Marine Reserve. This area is bounded by the mean high tide line and straight lines connecting the following points in the order listed: 34 <> 08.40' N. lat. 120 <> 34.20' W. long.; 34 <> 08.40' N. lat. 120 <> 28.20' W. long.; 34 <> 03.60' N. lat. 120 <> 28.20' W. long.; 34 <> 03.60' N. lat. 120 <> 34.20' W. long.; and 34 <> 08.40' N. lat. 120 <> 34.20' W. long. (43) San Miguel Island Special Closure. Special restrictions on boating and access apply to San Miguel Island as follows. (A) Boating is permitted at San Miguel Island except west of a line drawn between Judith Rock (34 <> 01.50' N. lat. 120 <> 23.30' W. long.) and Castle Rock (34 <> 03.30' N. lat. 120 <> 26.30' W. long.) where boats are prohibited closer than 300 yards from shore. 1. Notwithstanding the 300-yard boating closure between Judith Rock and Castle Rock, the following shall apply: a. Boats may approach San Miguel Island no nearer than 100 yards from shore during the period(s) from March 15 through April 30, and October 1 through December 15; and b. Boats operated by commercial sea urchin divers may enter waters of the 300- yard area between the western boundary of the Judith Rock State Marine Reserve at 120 <> 26.60' W. long. and Castle Rock for the purpose of fishing sea urchins during the period(s) from March 15 through April 30, and October 1 through December 15. 2. The department may rescind permission for boats to enter waters within 300 yards between Judith Rock and Castle Rock upon finding that impairment to the island marine mammal resource is imminent. Immediately following such closure, the department will request the commission to hear, at its regularly scheduled meeting, presentation of documentation supporting the need for such closure. (B) Other Requirements: 1. Boats traveling within 300 yards of the shoreline or anchorages shall operate with a minimum amount of noise and shall not exceed speeds of five miles per hour. 2. Except as permitted by federal law or emergency caused by hazardous weather, boats may be anchored overnight only at Tyler Bight and Cuyler Harbor. 3. Landing is allowed on San Miguel Island only at the designated landing beach in Cuyler Harbor. 4. No person shall have access to all other offshore rocks and islands at San Miguel Island. (44) Harris Point (San Miguel Island) State Marine Reserve. This area is bounded by the mean high tide line and the following points: 34 <> 03.10' N. lat. 120 <> 23.30' W. long.; 34 <> 06.00' N. lat. 120 <> 23.30' W. long.; 34 <> 06.00' N. lat. 120 <> 18.40' W. long.; and 34 <> 01.80' N. lat. 120 <> 18.40' W. long. (A) An exemption to the reserve, where commercial and recreational take of living marine resources is allowed, exists between the mean high tide line in Cuyler Harbor and a straight line between the following points: 34 <> 03.50' N. lat. 120 <> 21.30' W. long.; and 34 <> 02.90' N. lat. 120 <> 20.20' W. long. (45) Judith Rock (San Miguel Island) State Marine Reserve. This area is bounded by the mean high tide line and the following points: 34 <> 01.80' N. lat. 120 <> 26.60' W. long.; 33 <> 58.50' N. lat. 120 <> 26.60' W. long.; 33 <> 58.50' N. lat. 120 <> 25.30' W. long.; and 34 <> 01.50' N. lat. 120 <> 25.30' W. long. (46) Carrington Point (Santa Rosa Island) State Marine Reserve. This area is bounded by the mean high tide line and the following points: 34 <> 01.30' N. lat. 120 <> 05.20' W. long. 34 <> 04.00' N. lat. 120 <> 05.20' W. long.; 34 <> 04.00' N. lat. 120 <> 01.00' W. long.; 34 <> 00.50' N. lat. 120 <> 01.00' W. long.; and 34 <> 00.50' N. lat. 120 <> 02.80' W. long. (47) Skunk Point (Santa Rosa Island) State Marine Reserve. This area is bounded by the mean high tide line and the following points: 33 <> 59.00' N. lat. 119 <> 58.80' W. long.; 33 <> 59.00' N. lat. 119 <> 58.00' W. long.; 33 <> 57.10' N. lat. 119 <> 58.00' W. long.; and 33 <> 57.10' N. lat. 119 <> 58.20' W. long. (48) South Point (Santa Rosa Island) State Marine Reserve. This area is bounded by the mean high tide line and the following points: 33 <> 53.80' N. lat. 120 <> 06.50' W. long.; 33 <> 51.40' N. lat. 120 <> 06.50' W. long.; 33 <> 51.40' N. lat. 120 <> 10.00' W. long.; and 33 <> 55.00' N. lat. 120 <> 10.00' W. long. (49) Painted Cave (Santa Cruz Island) State Marine Conservation Area. This area is bounded by the mean high tide line, the one nautical mile offshore boundary, and the following points: 34 <> 04.50' N. lat. 119 <> 53.00' W. long.; 34 <> 05.20' N. lat. 119 <> 53.00' W. long.; 34 <> 05.00' N. lat. 119 <> 51.00' W. long.; and 34 <> 04.00' N. lat. 119 <> 51.00' W. long. (A) Take of all living marine resources is prohibited except for the recreational take of spiny lobster (Panulirus interruptus) and pelagic finfish [subsection 632(a)(2)]. (50) Gull Island (Santa Cruz Island) State Marine Reserve. This area is bounded by the mean high tide line and the following points: 33 <> 58.00' N. lat. 119 <> 51.00' W. long.; 33 <> 58.00' N. lat. 119 <> 53.00' W. long.; 33 <> 55.20' N. lat. 119 <> 53.00' W. long.; 33 <> 55.20' N. lat. 119 <> 48.00' W. long.; and 33 <> 57.70' N. lat. 119 <> 48.00' W. long. (51) Scorpion (Santa Cruz Island) State Marine Reserve. This area is bounded by the mean high tide line and the following points: 34 <> 02.94' N. lat. 119 <> 35.50' W. long.; 34 <> 06.20' N. lat. 119 <> 35.50 W. long.; 34 <> 06.20' N. lat. 119 <> 32.80' W. long.; and 34 <> 02.80' N. lat. 119 <> 32.80' W. long. (52) Anacapa Island Special Closure. (A) No net or trap may be used in waters less than 20 feet deep off the Anacapa Islands commonly referred to as Anacapa Island. (B) A brown pelican fledgling area is designated from the mean high tide mark seaward to a water depth of 20 fathoms (120 feet) on the north side of West Anacapa Island between a line extending 000 <> True off Portuguese Rock (34 <> 00.91' N. lat. 119 <> 25.26' W. long.) to a line extending 000 <> True off the western edge of Frenchy's Cove (34 << degrees>> 00.4' N. lat. 119 <> 24.6' W. long.), a distance of approximately 4,000 feet. No person except department employees or employees of the National Park Service in the performance of their official duties shall enter this area during the period January 1 to October 31. (53) Anacapa Island State Marine Conservation Area. This area is bounded by the mean high tide line and the following points: 34 <> 00.80' N. lat. 119 <> 26.70' W. long.; 34 <> 04.00' N. lat. 119 <> 26.70' W. long.; 34 <> 04.00' N. lat. 119 <> 24.60' W. long.; and 34 <> 00.40' N. lat. 119 <> 24.60' W. long. (A) Take of all living marine resources is prohibited except for the recreational take of spiny lobster (Panulirus interruptus) and pelagic finfish [subsection 632(a)(2)] and the commercial take of spiny lobster. (54) Anacapa Island State Marine Reserve. This area is bounded by the mean high tide line and the following points: 34 <> 00.40' N. lat. 119 <> 24.60' W. long.; 34 <> 04.00' N. lat. 119 <> 24.60' W. long.; 34 <> 04.00' N. lat. 119 <> 21.40' W. long.; and 34 <> 01.00' N. lat. 119 <> 21.40' W. long. (55) Big Sycamore Canyon State Marine Reserve. This area is bounded by the 5- fathom depth contour, the 20-fathom depth contour, and the following points: 34 <> 04.79' N. lat. 119 <> 02.03' W. long.; 34 <> 03.92' N. lat. 119 <> 02.70' W. long.; 34 <> 02.97' N. lat. 119 <> 00.00' W. long.; and 34 <> 03.86' N. lat. 119 <> 00.00' W. long. (A) Swimming. No person shall swim, wade, dive, or use any diving equipment within the Big Sycamore Canyon State Marine Reserve except as authorized pursuant to scientific research approved by the department. (B) Boating. Except as allowed pursuant to Federal law, no person shall launch or operate a boat or other floating device within the Big Sycamore Canyon State Marine Reserve except to pass through the area during the normal course of vessel transit along the coast, to avoid inclement weather, or pursuant to scientific research approved by the department. (C) Firearms. No person shall possess, fire, or discharge any firearm, bow and arrow, air or gas gun, spear gun, or any other weapon of any kind within, or into the Big Sycamore Canyon State Marine Reserve except as authorized pursuant to scientific research approved by the department. (D) Public Entry. Public entry into the Big Sycamore Canyon State Marine Reserve may be restricted at the discretion of the department to protect wildlife, aquatic life, or habitat. No person, except state and local law enforcement officers, fire suppression agencies and employees of the department in the performance of their official duties or persons possessing written permission from the department, or institution or agency entering into a memorandum of understanding (MOU) with the department, may enter an area which is closed to public entry. (E) Pesticides, Herbicides, and Other Regulated Chemicals. The use of pesticides, herbicides, and other regulated chemicals is prohibited in the Big Sycamore Canyon State Marine Reserve except as authorized pursuant to scientific research approved by the department. Where such chemicals are intended to be used as a part of any research program, any necessary authorization and/or permits required to dispense such chemicals into state waters or tide and submerged lands shall be obtained prior to final approval of the research by the department. (F) Litter. No person shall deposit, drop, or scatter any debris on the Big Sycamore Canyon State Marine Reserve. Any refuse resulting from a person's use of an area must be removed from that area by such person. (G) Aircraft. No person shall operate any aircraft or hovercraft within the Big Sycamore Canyon State Marine Reserve, except as authorized pursuant to scientific research approved by the department. (H) Pets. Pets, including but not limited to, dogs and cats, are prohibited from entering the Big Sycamore Canyon State Marine Reserve unless authorized by the department. (I) Memorandum of Understanding (MOU). The department may enter into MOU's with colleges, universities, and other bonafide research organizations to conduct marine-related research within the Big Sycamore Canyon State Marine Reserve. (J) The department shall notify the California Department of Parks and Recreation of scientific research approved within the Big Sycamore Canyon State Marine Reserve. (56) Santa Barbara Island State Marine Reserve. This area is bounded by the mean high tide line, the three nautical mile offshore boundary and the following points: 33 <> 28.50' N. lat. 119 <> 01.70' W. long.; 33 <> 28.50' N. lat. 118 <> 58.20' W. long.; 33 <> 24.90' N. lat. 119 <> 02.20' W. long.; and 33 <> 27.90' N. lat. 119 <> 02.20' W. long. (57) Abalone Cove State Marine Park. This area is bounded by the mean high tide line and the following points: 33 <> 44.53' N. lat. 118 <> 22.83' W. long.; 33 <> 44.47' N. lat. 118 <> 22.83' W. long.; 33 <> 44.14' N. lat. 118 <> 22.47' W. long.; 33 <> 44.14' N. lat. 118 <> 22.12' W. long.; and 33 <> 44.19' N. lat. 118 <> 22.12' W. long. (A) Take of all living marine resources is prohibited except the recreational take of finfish by hook and line or spear. (58) Point Fermin State Marine Park. This area is bounded by the mean high tide line, a distance of 600 feet offshore, and the following points: 33 <> 42.31' N. lat. 118 <> 17.57' W. long.; 33 <> 42.21' N. lat. 118 <> 17.57' W. long.; 33 <> 42.47' N. lat. 118 <> 17.00' W. long.; and 33 <> 42.47' N. lat. 118 <> 17.13' W. long. (A) Take of all living marine resources is prohibited except the recreational take of: lobster, rockfish (family Scorpaenidae), greenling, lingcod, cabezon, yellowtail, mackerel, bluefin tuna, kelp bass, spotted sand bass, barred sand bass, sargo, croaker, queenfish, corbina, white seabass, opaleye, halfmoon, surfperch (family Embiotocidae), blacksmith, barracuda, sheephead, bonito, California halibut, sole, turbot, and sanddab. Finfish shall be taken only by hook and line or by spearfishing gear. (59) Bolsa Chica State Marine Park. This area consists of waters below the mean high tide line within the Bolsa Chica Ecological Reserve. (A) Take of all living marine resources is prohibited except the recreational hook and line take of species other than marine aquatic plants from designated areas around outer Bolsa Bay. (B) Boating, swimming, wading, and diving are prohibited within the park. (C) No person, except State and local law enforcement officers, fire suppression agencies and employees of the department in the performance of their official duties or persons possessing written permission from the department or employees of Signal Corporation and its invitees for the purpose of carrying out oil and gas operations, shall enter this park and remain therein except on established trails, paths, or other designated areas. (D) No person shall enter this park between the hours of 8:00 p.m. and 6:00 a.m. (E) The County of Orange, after consultation with the department, may carry out management activities for fish and wildlife, flood control and vector control. Authorized operation and maintenance activities shall include, but shall not be limited to, use of chemicals, vegetation control, water control and use of associated equipment. (60) Special Closure: Arrow Point to Lion Head Point (Catalina Island) Invertebrate Area. This area is bounded by the mean high tide line, a distance of 1000 feet offshore and the following points: 33 <> 28.64' N. lat. 118 <> 32.33' W. long.; 33 <> 28.82' N. lat. 118 <> 32.33' W. long.; 33 <> 27.25' N. lat. 118 <> 29.90' W. long.; and 33 <> 27.18' N. lat. 118 <> 30.07' W. long. (A) No recreational take of invertebrates is allowed. (61) Catalina Marine Science Center State Marine Reserve. This area is bounded by the mean high tide line and the following points: 33 <> 26.65' N. lat. 118 <> 29.33' W. long.; 33 <> 26.83' N. lat. 118 <> 29.13' W. long.; 33 <> 26.96' N. lat. 118 <> 28.56' W. long.; 33 <> 26.92' N. lat. 118 <> 28.53' W. long.; and 33 <> 26.87' N. lat. 118 <> 28.62' W. long. (A) Except as pursuant to Federal law, emergency caused by hazardous weather, or as provided in this section, it is unlawful to anchor or moor a vessel in the Catalina Marine Science Center State Marine Reserve. (B) The director of the Catalina Marine Science Center Marine State Marine Reserve, or any person that the director of the reserve has authorized may anchor or moor a vessel or take, for scientific purposes, any fish or specimen of marine life under the conditions prescribed by the department or the reserve director. (62) Farnsworth Bank State Marine Conservation Area. This area consists of waters shallower than 250 feet within the area bounded by straight lines connecting the following points in the order listed: 33 <> 21.00' N. lat. 118 <> 32.00' W. long.; 33 <> 21.00' N. lat. 118 <> 30.50' W. long.; 33 <> 20.00' N. lat. 118 <> 30.50' W. long.; 33 <> 20.00' N. lat. 118 <> 32.00' W. long.; and 33 <> 21.00' N. lat. 118 <> 32.00' W. long. (A) Take of purple coral (Stylaster californicus) is prohibited. Take of other living marine resources is allowed. (63) Lover's Cove State Marine Conservation Area. This area is bounded by the mean high tide line, a distance of 100 yards offshore and the following points: 33 <> 20.64' N. lat. 118 <> 19.25' W. long.; 33 <> 20.67' N. lat. 118 <> 19.20' W. long.; 33 <> 20.59' N. lat. 118 <> 18.94' W. long.; and 33 <> 20.56' N. lat. 118 <> 18.98' W. long. (A) Take of all living marine resources is prohibited except the commercial take of finfish and kelp. (64) Upper Newport Bay State Marine Park. This area consists of waters below the mean high tide line within the Upper Newport Bay Ecological Reserve bounded by; the southern end of Shellmaker Island (33 <> 37.20' N. lat. 117 << degrees>> 53.51' W. long.) in the south, Back Bay Drive, East Bluff Drive, and Jamboree road in the east, the 10-foot elevation in the north and west, and a line connecting North Star Beach (33 <> 37.38' N. lat. 117 <> 53.60' W. long.) to the southern end of Shellmaker Island. (A) Take of all living marine resources is prohibited except the recreational hook and line take of species other than kelp. (B) Swimming is permitted only in the area between North Star Beach and mid-channel. (C) Boats are limited to speeds less than five miles per hour. (D) Shoreline access is limited to established trails, paths, or other designated areas. (E) A $2.00 day use pass or a valid $10.00 annual wildlife pass is required of all users of Upper Newport Bay Ecological Reserve except: users that possess a valid California sport fishing license, hunting license or trapping license; users that are under 16 years of age; or users that are part of an organized youth or school group and having free permits issued by the appropriate regional office. Refer to subsections 550(b)(4) and (5), Title 14, CCR, for regulations for fee requirements for wildlife areas. (65) Robert E. Badham State Marine Conservation Area. This area is bounded by the mean high tide line, a distance of 200 feet offshore and the following points: 33 <> 35.42' N. lat. 117 <> 52.22' W. long.; 33 <> 35.40' N. lat. 117 <> 52.24' W. long.; 33 <> 35.03' N. lat. 117 <> 51.78' W. long.; and 33 <> 35.05' N. lat. 117 <> 51.74' W. long. (A) Take of all living marine resources is prohibited except: 1. Only the following species may be taken recreationally: lobster, rockfish (family Scorpaenidae), greenling, lingcod, cabezon, yellowtail, mackerel, bluefin tuna, kelp bass, spotted sand bass, barred sand bass, sargo, croaker, queenfish, corbina, white seabass, opaleye, halfmoon, surfperch (family Embiotocidae), blacksmith, barracuda, sheephead, bonito, California halibut, sole, turbot, and sanddab. Finfish shall be taken only by hook and line or by spearfishing gear. 2. Only spiny lobster may be taken commercially. (66) Crystal Cove State Marine Conservation Area. This area is bounded by the mean high tide line, the 20-fathom depth contour, and the following points: 33 <> 35.05' N. lat. 117 <> 51.74' W. long.; 33 <> 34.76' N. lat. 117 <> 52.32' W. long.; 33 <> 33.27' N. lat. 117 <> 49.62' W. long.; and 33 <> 33.40' N. lat. 117 <> 49.18' W. long. (A) Take of all living marine resources is prohibited except: 1. Only the following species may be taken recreationally: finfish, chiones, clams, cockles, rock scallops, native oysters, crabs, lobsters, ghost shrimp, sea urchins, mussels and marine worms except that no worms may be taken in any mussel bed unless taken incidentally to the take of mussels. 2. Only the following species may be taken commercially: finfish, crabs, ghost shrimp, jackknife clams, sea urchins, algae except giant kelp and bull kelp and worms except that no worms may be taken in any mussel bed, nor may any person pick up, remove, detach from the substrate any other organisms, or break up, move or destroy any rocks or other substrate or surfaces to which organisms are attached. (67) Irvine Coast State Marine Conservation Area. This area is bounded by the mean high tide line, a distance of 600 feet offshore, and the following points: 33 <> 35.05' N. lat. 117 <> 51.74' W. long.; 33 <> 35.00' N. lat. 117 <> 51.84' W. long.; 33 <> 33.37' N. lat. 117 <> 49.28' W. long; and 33 <> 33.40' N. lat. 117 <> 49.18' W. long. (A) Take of all living marine resources is prohibited except: 1. Only the following species may be taken recreationally: lobster, rockfish (family Scorpaenidae), greenling, lingcod, cabezon, yellowtail, mackerel, bluefin tuna, kelp bass, spotted sand bass, barred sand bass, sargo, croaker, queenfish, corbina, white seabass, opaleye, halfmoon, surfperch (family Embiotocidae), blacksmith, barracuda, sheephead, bonito, California halibut, sole, turbot, and sanddab. Finfish shall be taken only by hook and line or by spearfishing gear. 2. Only spiny lobster may be taken commercially. (68) Laguna Beach State Marine Conservation Area. This area is bounded by the mean high tide line, a distance of 600 feet offshore, and the following points: 33 <> 32.86' N. lat. 117 <> 48.35' W. long.; 33 <> 32.78' N. lat. 117 <> 48.45' W. long.; 33 <> 30.37' N. lat. 117 <> 45.17' W. long.; and 33 <> 30.43' N. lat. 117 <> 45.06' W. long. (A) Take of all living marine resources is prohibited except: 1. Only the following species may be taken recreationally: lobster, rockfish (family Scorpaenidae), greenling, lingcod, cabezon, yellowtail, mackerel, bluefin tuna, kelp bass, spotted sand bass, barred sand bass, sargo, croaker, queenfish, corbina, white seabass, opaleye, halfmoon, surfperch (family Embiotocidae), blacksmith, barracuda, sheephead, bonito, California halibut, sole, turbot, and sanddab. Finfish shall be taken only by hook and line or by spearfishing gear. 2. Only spiny lobster may be taken commercially. (69) Heisler Park State Marine Reserve. This area is bounded by the mean high tide line and the following points: 33 <> 32.66' N. lat. 117 <> 47.61' W. long.; 33 <> 32.53' N. lat. 117 <> 47.66' W. long.; 33 <> 32.43' N. lat. 117 <> 47.26' W. long.; and 33 <> 32.56' N. lat. 117 <> 47.30' W. long. (A) Boats may be launched and retrieved only in designated areas and may be anchored within the reserve only during daylight hours. (70) South Laguna Beach State Marine Conservation Area. This area is bounded by the mean high tide line, the 20-foot depth contour, and the following points: 33 <> 30.43' N. lat. 117 <> 45.06' W. long.; 33 <> 30.37' N. lat. 117 <> 45.17' W. long.; 33 <> 30.04' N. lat. 117 <> 44.91' W. long.; and 33 <> 30.15' N. lat. 117 <> 44.81' W. long. (A) Take of all living marine resources is prohibited except: 1. Only the following species may be taken recreationally: lobster, rockfish (family Scorpaenidae), greenling, lingcod, cabezon, yellowtail, mackerel, bluefin tuna, kelp bass, spotted sand bass, barred sand bass, sargo, croaker, queenfish, corbina, white seabass, opaleye, halfmoon, surfperch (family Embiotocidae), blacksmith, barracuda, sheephead, bonito, California halibut, sole, turbot, and sanddab. Finfish shall be taken only by hook and line or by spearfishing gear. 2. Only spiny lobster may be taken commercially. (71) Niguel State Marine Conservation Area. This area is bounded by the mean high tide line, a distance of 1200 feet offshore, and the following points: 33 <> 29.15' N. lat. 117 <> 44.05' W. long.; 33 <> 29.15' N. lat. 117 <> 44.30' W. long.; 33 <> 27.74' N. lat. 117 <> 43.18' W. long.; and 33 <> 27.74' N. lat. 117 <> 42.95' W. long. (A) Take of all living marine resources is prohibited except: 1. Only the following species may be taken recreationally: lobster, rockfish (family Scorpaenidae), greenling, lingcod, cabezon, yellowtail, mackerel, bluefin tuna, kelp bass, spotted sand bass, barred sand bass, sargo, croaker, queenfish, corbina, white seabass, opaleye, halfmoon, surfperch (family Embiotocidae), blacksmith, barracuda, sheephead, bonito, California halibut, sole, turbot, and sanddab. Finfish shall be taken only by hook and line or by spearfishing gear. 2. Only spiny lobster may be taken commercially. (72) Dana Point State Marine Park. This area is bounded by the mean high tide line, a distance of 1200 feet offshore, and the following points: 33 <> 27.74' N. lat. 117 <> 42.95' W. long.; 33 <> 27.74' N. lat. 117 <> 43.18' W. long.; 33 <> 27.47' N. lat. 117 <> 42.28' W. long.; and 33 <> 27.63' N. lat. 117 <> 42.45' W. long. (A) Take of all living marine resources is prohibited except the recreational take of the following species below the mean lower low-water mark: lobster, rockfish (family Scorpaenidae), greenling, lingcod, cabezon, yellowtail, mackerel, bluefin tuna, kelp bass, spotted sand bass, barred sand bass, sargo, croaker, queenfish, corbina, white seabass, opaleye, halfmoon, surfperch (family Embiotocidae), blacksmith, barracuda, sheephead, bonito, California halibut, sole, turbot, and sanddab. Finfish shall be taken only by hook and line or by spearfishing gear. (B) Except as expressly provided in this section, it is unlawful to enter the intertidal zone in the Dana Point State Marine Park for the purpose of taking or possessing, or to take or possess, any species of fish, plant, or invertebrate, or part thereof; to use or have in possession any contrivance designed to be used for catching fish; to disturb any native plant, fish, wildlife, aquatic organism; or to take or disturb any natural geological feature. This subdivision does not prohibit persons from entering the intertidal zone for the purpose of entertainment, recreation, and education while having a minimum impact on the intertidal environment and the living organisms therein. For this purpose, minimum impact includes foot traffic; general observation of organisms in their environment with immediate replacement of any unattached organisms to their natural location after temporary lifting for examination; and photography. Minimum impact does not include removal of attached organisms from their environment; gathering of fishing bait; littering, collecting rocks and shells; or turning rocks or other acts destructive to the environment. (C) The department director may appoint a director of the Dana Point State Marine Park. 1. The director of the Dana Point State Marine Park may issue a special collecting permit authorizing any person to enter the park for the purposes of scientific collecting under the conditions of a scientific collector's permit issued by the department. (D) Notwithstanding subsections 632(b)(67)(A) or 632(b)(67)(B), the director of the Dana Point State Marine Park, or any person who has a scientific collector's permit from the department and to whom the director of the Dana Point State Marine Park has issued a special collecting permit may take, for scientific purposes, any fish or specimen of marine plant life under the conditions prescribed by the department. (E) This section does not prohibit the entry of state and local law enforcement officers, fire suppression agencies, and employees of the department in the performance of their official duties. This section does not prohibit or restrict navigation in the Dana Point State Marine Park pursuant to federal law. (73) Doheny Beach State Marine Conservation Area. This area is bounded by the mean high tide line, a distance of 600 feet offshore, and the following points: 33 <> 27.70' N. lat. 117 <> 41.38' W. long.; 33 <> 27.60' N. lat. 117 <> 41.38' W. long.; 33 <> 27.27' N. lat. 117 <> 40.28' W. long.; and 33 <> 27.35' N. lat. 117 <> 40.21' W. long. (A) Take of all living marine resources is prohibited except: 1. Only the following species may be taken recreationally: lobster, rockfish (family Scorpaenidae), greenling, lingcod, cabezon, yellowtail, mackerel, bluefin tuna, kelp bass, spotted sand bass, barred sand bass, sargo, croaker, queenfish, corbina, white seabass, opaleye, halfmoon, surfperch (family Embiotocidae), blacksmith, barracuda, sheephead, bonito, California halibut, sole, turbot, and sanddab. Finfish shall be taken only by hook and line or by spearfishing gear. 2. Only spiny lobster may be taken commercially. (74) Doheny State Marine Conservation Area. This area is bounded by the mean high tide line, a distance of 1,500 feet offshore, and the following points: 33 <> 27.70' N. lat. 117 <> 41.38' W. long.; 33 <> 27.45' N. lat. 117 <> 41.39' W. long.; 33 <> 27.15' N. lat. 117 <> 40.38' W. long.; and 33 <> 27.35' N. lat. 117 <> 40.21' W. long. (A) No recreational take of living or non-living marine resources is allowed except: finfish, chiones, clams, cockles, rock scallops, native oysters, crabs, lobsters, ghost shrimp, sea urchins, mussels and marine worms except that no worms may be taken in any mussel bed unless taken incidentally to the take of mussels. Commercial take is allowed. (75) Buena Vista Lagoon State Marine Park. This area consists of waters below the mean high tide line within the Buena Vista Lagoon Ecological Reserve. (A) Take of all living marine resources is prohibited except the recreational take of species other than kelp by hook and line in designated areas and at designated times only. (B) Boating, swimming, wading, and diving are prohibited within the park. (C) The County of San Diego, after consultation with the department, may carry out management activities for fish and wildlife, flood control and vector control. Authorized operation and maintenance activities shall include, but shall not be limited to, use of chemicals, vegetation control, water control and use of associated equipment. (76) Agua Hedionda Lagoon State Marine Reserve. This area consists of waters below the mean high tide line within the Agua Hedionda Lagoon Ecological Reserve. (A) The department, and the County of San Diego, after consultation with the department, may carry out management activities for fish and wildlife, flood control and vector control. Authorized operation and maintenance activities shall include, but shall not be limited to, use of chemicals, vegetation control, water control and use of associated equipment. (77) Batiquitos Lagoon State Marine Park. This area consists of waters below the mean high tide line within the Batiquitos Lagoon Ecological Reserve. (A) Take of all living marine resources is prohibited except the recreational take of finfish by hook and line from shore. (B) Boating, swimming, wading, and diving are prohibited within the park. (C) San Diego County, after consultation with the department, may carry out management activities necessary for fish and wildlife management, flood control and vector control. Authorized operation and maintenance activities shall include, but shall not be limited to, use of chemicals, vegetation control, water control and associated use of equipment. (78) Encinitas State Marine Conservation Area. This area is bounded by the mean high tide line, as distance of 600 feet offshore, and the following points: 33 <> 02.74' N. lat. 117 <> 17.88' W. long.; 33 <> 02.70' N. lat. 117 <> 18.00' W. long.; 33 <> 01.98' N. lat. 117 <> 17.64' W. long.; and 33 <> 02.04' N. lat. 117 <> 17.54' W. long. (A) Take of all living marine resources is prohibited except the commercial and recreational take of finfish. (79) Cardiff-San Elijo State Marine Conservation Area. This area is bounded by the mean high tide line, a distance of 3000 feet offshore, and the following points: 33 <> 02.04' N. lat. 117 <> 17.54' W. long.; 33 <> 01.75' N. lat. 117 <> 18.03' W. long.; 33 <> 00.06' N. lat. 117 <> 17.27' W. long.; and 33 <> 00.29' N. lat. 117 <> 16.73' W. long. (A) No recreational take of living or non-living marine resources is allowed except: finfish, chiones, clams, cockles, rock scallops, native oysters, crabs, lobsters, ghost shrimp, sea urchins, mussels and marine worms except that no worms may be taken in any mussel bed unless taken incidentally to the take of mussels. Commercial take is allowed. (80) San Elijo Lagoon State Marine Park. This area consists of waters below the mean high tide line within the San Elijo Lagoon Ecological Reserve. (A) Take of all living marine resources is prohibited except the recreational take of finfish by hook and line from shore. (B) Boating, swimming, wading, and diving are prohibited within the park. (C) San Diego County, after consultation with the department, may carry out management activities for fish and wildlife management, flood control, vector control and regional park recreational activities. Authorized operation and maintenance activities shall include, but shall not be limited to, use of chemicals, vegetation control, water control, minor ditching and use of associated equipment. (D) Collections may be made by the department for purposes of fish and wildlife management or by San Diego County for the purpose of water quality testing and vector control. (81) San Dieguito Lagoon State Marine Park. This area consists of waters below the mean high tide line within the San Dieguito Lagoon Ecological Reserve. (A) Take of all living marine resources is prohibited except the recreational take of finfish by hook and line from shore and the Grand Avenue bridge. (B) Boating, swimming, wading, and diving are prohibited within the park. (C) No person, except state and local law enforcement officers, fire suppression agencies and employees of the department in the performance of their official duties or persons possessing written permission from the department, shall be permitted on the California least tern nesting island. (D) No person, except state and local law enforcement officers, fire suppression agencies and employees of the department in the performance of their official duties or persons possessing written permission from the department, shall enter this park between 8:00 p.m. and 5:00 a.m. (E) The County of San Diego, after consultation with the department, may carry out management activities for fish and wildlife, flood control and vector control. Authorized operation and maintenance activities shall include, but shall not be limited to, use of chemicals, vegetation control, water control and use of associated equipment. (F) Collections of fish, wildlife, water and soil may be made by the department for the purposes of fish and wildlife management or by San Diego County for the purposes of water quality testing and vector control. (82) San Diego-Scripps State Marine Conservation Area. This area is bounded by the mean high tide line, a distance of 1000 feet offshore, and the following points: 32 <> 52.28' N. lat. 117 <> 15.16' W. long.; 32 <> 52.32' N. lat. 117 <> 15.34' W. long.; 32 <> 51.86' N. lat. 117 <> 15.48' W. long.; and 32 <> 51.86' N. lat. 117 <> 15.28' W. long.; (A) Take of all living marine resources is prohibited except the commercial and recreational take of finfish. (B) Licensees of the Regents of the University of California and all officers, employees, and students of such university may take, for scientific purposes, any invertebrate or specimen of marine plant life without a permit from the department. (83) La Jolla State Marine Conservation Area. This area is bounded by the mean high tide line and the following points: 32 <> 51.86' N. lat. 117 <> 15.28' W. long.; 32 <> 51.86' N. lat. 117 <> 16.25' W. long.; 32 <> 51.22' N. lat. 117 <> 16.17' W. long.; and 32 <> 51.07' N. lat. 117 <> 16.40' W. long. (A) Take of all living marine resources is prohibited except commercial bait fishing for squid by use of hand-held scoop net west of a line drawn due north from Goldfish Point. (B) Boats may be launched and retrieved only in designated areas and may be anchored within the conservation area only during daylight hours. (84) Mia J. Tegner State Marine Conservation Area. This area is bounded by the mean high tide line, a distance of 150 feet offshore, and the following points: 32 <> 40.27' N. lat. 117 <> 14.73' W. long.; 32 <> 40.27' N. lat. 117 <> 14.76' W. long.; 32 <> 39.91' N. lat. 117 <> 14.42' W. long.; and 32 <> 39.94' N. lat. 117 <> 14.44' W. long. (A) Take of all living marine resources is prohibited except the recreational take of finfish and the commercial take of finfish and marine aquatic plants. Note: Authority cited: Sections 200, 202, 203.1, 205(c), 219, 220, 1590, 1591, 2860, 2861(c), 6750 and 10502.6, Fish and Game Code; and Sections 36725(a) and 36725(e), Public Resources Code. Reference: Sections 200, 202, 203.1, 205(c), 219, 220, 1580, 1583, 5521, 6653, 8420(e) and 8500, Fish and Game Code; and Sections 36725(a) and 36725(e), Public Resources Code. s 640. Management of Fish and Wildlife on Military Lands. (a) Agreements: Pursuant to the provisions of Section 3450-3453 of the Fish and Game Code, the department may enter into agreements with the United States Department of Defense to provide for the development and administration of fish and wildlife management plans and programs on military installations. Such plans and programs shall be designed to provide biologically optimum levels of fish and wildlife resource management and use compatible with the primary military use of those lands. Military lands covered by such agreements shall not be available to the general public without the consent of the commanding officer responsible for such military lands. (b) Military Lands Fish and Wildlife Management Plan: A fish and wildlife management plan shall be submitted to the department in writing, pursuant to agreements of Section 640(a). Upon the department's approval, the plan shall be submitted to the Commission for concurrence at the next scheduled meeting. The management plan shall include, but not be limited to the following information: (1) A statement of management objectives; (2) A description of the area; (3) A description of the fish and wildlife resources and a statement on the condition of the habitat; (4) A discussion of the appropriative and non-appropriative use of the resources; and (5) A discussion of the projects on the area to improve habitat for fish and wildlife. (c) Annual Review: The department shall annually review the implementation of the provisions of the management plan for each participating military installation and report its findings to the Commission annually at its February meeting. The Director of the department shall be informed annually prior to December 1 or any proposed modification of the management plan for the following calendar year. Such proposals shall include any request for the adoption of hunting and fishing regulations which may differ from those proposed by the department of the lands adjacent to the specified military installation. The department shall forward such proposals to the Commission within 60 days. Such requests shall include the following information: (1) Species to be regulated; (2) Proposed harvest regimes including areas, seasons, bag and possession limits and special conditions; (3) Opportunities available to the general public, if any; and (4) Biological data to support proposed regulations. (d) Records: Records of the number and species of animals harvested pursuant to the management plan shall be maintained and this information shall be submitted to the department by December 1 of each year. (e) Termination of Agreement: The commanding officer of a participating military installation or the department may terminate any agreement provided for herein upon 30 days' written notice to the Commission. Note: Authority cited: Sections 3452 and 3453, Fish and Game Code. Reference: Sections 3450-3453, Fish and Game Code. s 650. Scientific Collecting Permits. (a) General. Except as otherwise provided, it is unlawful to take or possess marine plants, live or dead birds, mammals, fishes, amphibians, or reptiles for scientific, educational, or propagation purposes except as authorized by a permit issued by the department. Notwithstanding Fish and Game Code Section 86, take includes capturing, marking, and releasing any animal. (1) The department may authorize and limit the kind and number of specimens that may be taken, the type of equipment and methods used, the time and seasons for take, and the areas where take may occur. (2) The permittee shall carry the permit and any amendments at all times when conducting any activity authorized by the permit. (3) The department may amend the conditions of a permit at any time. (4) No person shall take any threatened, endangered, or fully protected animal except persons who have a valid Memorandum of Understanding in writing with the department. Any such wildlife inadvertently taken shall be immediately released at the site of capture except migratory birds may be banded with a federal leg band before release. (b) Issuance of Permits. The department may issue permits to take wildlife and marine plants for bona fide scientific, educational, or propagation purposes to: (1) Employees of local, state and federal agencies who take specimens in connection with their official duties. (2) Faculty, professional staff, college level students of, or individuals hired by; public or private companies, educational institutions, zoological gardens or aquariums, in or out of state. (3) Individuals who take wildlife or marine plants for other permittees or pursuant to environmental protection documents required by law. (4) Individuals who possess a valid federal Bird Marking and Salvage Permit. Holders of this federal permit are not required to obtain a state permit to take migratory birds, other than raptorial birds. (c) Applicant Qualifications and Requirements. Individuals who take wildlife or marine plants for use by schools, museums, and other organizations shall submit a written statement signed by a minimum of two faculty members of the institution verifying the take is required by the institution. (1) Students required to take wildlife or marine plants for educational purposes shall submit proof of sponsorship from a faculty member requiring the take. (2) Persons who take birds protected by the U.S. Migratory Bird Treaty Act must also possess all required federal permits. (3) A permit shall not be issued to anyone under 18 years of age to mark birds except for students at the college level who must mark birds to meet an educational curriculum requirement and who have obtained the sponsorship of an instructor in such curriculum. (d) Marking. Mark means any activity which results in placement of a color dye or other identifying device on an animal. (e) Application. Each person must submit a completed application on SCIENTIFIC COLLECTING PERMIT APPLICATION, Form FG1379 (5/95), which is incorporated by reference herein. Application forms are available from the Department of Fish and Game, 3211 "S" Street, Sacramento, California 95816. (f) Permit Revocation. The department may revoke, suspend or decline to renew a permit for failure to comply with the provisions of a permit or failure to comply with these regulations. Any person whose permit is denied, revoked, or suspended may request a hearing before the commission to appeal the department's decision. (g) Permit Nontransferable. Permits are not transferable. Persons may assist the permittee if the permittee is present and overseeing the activities. (h) Notification of Department Required Prior to Taking Specimens. Before taking any wildlife or marine plants, the permittee shall notify the department office designated in the permit and provide the following information; name and permit number; date, time and location of take; species, gear to be used, vehicle description, and number of persons in party. Such notification may be given by letter, telephone or personal contact. The department may require a minimum time for providing the advance notification as a condition of the permit. (i) Reporting of Specimens Taken. Permittees shall submit a completed report of activities within 30 days of expiration of the permit except the department may waive the reporting requirements. The waiver shall be in writing. (1) The department shall accept the report in any of the following formats: (A) Written on REPORT OF SPECIMENS COLLECTED, Form FG1379a (10/95), which is incorporated by reference herein, or; (B) Written as a SPECIAL REPORT as designated in the conditions of the permit, or; (C) Electronically in a format and to an address specified by the department, or; (D) As otherwise required in writing by the department. (2) No permit will be renewed unless the completed report is received by the department within 30 days of the expiration date of the permit, or as directed in writing by the department. (3) Reports of wildlife or marine plants taken after submission of application for renewal shall be included in the next year's report. (4) A permittee who instructs a commercial fishing class shall submit the report for the entire class. The report shall show the total number of each species of fish taken, the amount of fish sold and the price received therefor, the amount of fish donated to charitable institutions, and the name and address of such institutions. Students enrolled in commercial fishing classes shall not be required to submit an annual report. (j) Inspection. Employees of the department or sponsors of permittees may inspect any collection at any time to determine whether or not the permittee is complying with the regulations. (k) Disposition of Specimens. The department may restrict the use and disposition of all wildlife taken under authority of a permit. (l) Possession of Dead Wildlife. The following are not required to possess a permit for accidentally killed and legally acquired wildlife; government accredited schools that are open to the public, government agencies, federally recognized native American groups, institutions or organizations engaged in bona fide scientific study of native wildlife if the specimens are readily available for use or viewing by the general public on a regular basis, any person or group with a valid permit issued by the federal government authorizing possession of specific wildlife, and nationally constituted youth organizations which have the study of native wildlife as an integral part of their national program. This exemption does not apply to accidentally killed big game mammals or to any threatened, rare, endangered or fully protected species. (1) Records. The person who has the chief authority to act for any group, agency, or institution listed in section 650(b) shall maintain a permanent written record of the date of acquisition, the name and address of the person donating wildlife, how it was acquired, the species, sex, and number of animals, and the city and street address of the storage site. All records and wildlife must be maintained within California and shall be presented immediately to any employee of the department upon request. (2) Transportation. Wildlife possessed pursuant to section 650(b) may not be transported from the storage site unless accompanied by a written document describing the animal or part thereof, listing the name of the person who has temporary possession, the purpose, and the date to be returned. The authorization must be written on organization letterhead, dated, and signed by the chief administrative officer. (3) Ownership. All accidentally killed wildlife remains the property of the state and must be disposed of as directed by the department. Note: Persons taking a rare, threatened, or endangered PLANT species are exempt from this permit but must obtain a RARE, THREATENED, AND ENDANGERED PLANT COLLECTING PERMIT. Forms are available from the Department of Fish and Game, 1416 Ninth Street, Sacramento, California 95814. Note: See Fish and Game Code sections 3039, 4005, and 7850 concerning restrictions and additional licenses required for taking fish and wildlife for commercial purposes. Note: Authority cited: Sections 200, 203, 205, 301, and 1907, Fish and Game Code. Reference: Sections 355, 356, 1002, 1050, 1054.2, 1700, 1755, 1802, 1907, 2001, 2080, 2081, 3503, 3503.5, 3511, 3800, 4150 and 4700, Fish and Game Code. s 650.5. Frogs. Note: Authority cited: Section 7709, Fish and Game Code. s 651. Commercial Take of Native Reptiles and Amphibians for Scientific or Educational Institutions. (a) Native reptiles and amphibians may be sold to scientific or educational institutions only by owners of biological supply houses who have been issued a permit by the department for such purposes. (1) Permits shall be issued on an annual basis, commencing April 1 of each year, and expiring on March 31 of the following year, or for the unexpired portion of any permit year commencing April 1. (2) To defray costs incurred in the administration of these regulations, a fee of $50 shall be paid to the department by each applicant upon the filing of an application for a permit. (3) Applications for a permit to sell native reptiles and amphibians to scientific or educational institutions shall be submitted on forms provided by the department. Applications shall be accompanied by a copy of applicable city or county business permits, and shall include a list of employees or agents authorized by the supply house owner to collect native reptiles or amphibians for the supply house, pursuant to these regulations. (b) Field Collecting Permit. Native reptiles and amphibians may be taken for sale to scientific or educational institutions only by owners of biological supply houses who have been issued a permit by the department pursuant to subsection (a) above, and by authorized employees or agents of such biological supply houses, only under authority of a field collecting permit issued by the department. (1) The department may issue a field collecting permit to an owner of a biological supply house upon receipt by the department of the original copy of a written request for purchase from a faculty or staff member of a scientific or educational institution, accompanied by a statement from the supply house owner indicating (A) the name of the owner, authorized employees, or agents who will collect the specimens requested; (B) the species and number of each species the owner or each employee or agent will collect; and (C) the estimated beginning and ending dates of such collecting. (2) The field collecting permit shall indicate the names of those authorized to collect the specimens requested by the scientific or educational institution. (3) The field collecting permit shall indicate the maximum number of each species requested by the scientific or educational institution that the supply house is authorized to collect and possess. (4) The field collecting permit shall indicate the inclusive dates during which collecting of the specimens requested by the scientific or educational institution is authorized, and the date by which such specimens shall be shipped. (5) Specimens collected pursuant to a field collecting permit may be held only on the premises of a biological supply house following expiration of the authorized collecting period, but shall not be held on the premises of the supply house later than the authorized shipping deadline. (c) Each owner, employee, or agent of a biological supply house collecting under authority of this section, shall have in his possession, in addition to his own copy of a field collecting permit, a copy of the permit issued to the biological supply house pursuant to Section 651(a) of these regulations, and, if amphibians are to be collected, a valid commercial fishing license. (d) Each owner, employee, or agent of a biological supply house collecting under authority of a field collecting permit shall collect only those species and numbers authorized by the field collecting permit. Any species possessed in the field that is not authorized by the field collecting permit shall be considered to have been collected for commercial purposes and shall be a violation of these regulations. (e) Delivery. (1) All deliveries or shipments of reptiles or amphibians taken under authority of this section shall be accompanied by the original copy of the field collecting permit issued to the supply house owner. Shipments via the U.S. Postal Service or private carrier shall have this document attached to the outside of the shipping container, which shall be labeled: "Live Reptiles/Amphibians -Handle With Care." (2) Possession by the scientific or educational institution of the original copy of the field collecting permit, which accompanies the shipment or delivery of the reptiles or amphibians taken pursuant to this section, shall constitute authority for the scientific or educational institution to possess the specimens purchased pursuant to this section. (f) Methods of Take. (1) Amphibians shall be taken only by hand or by a dip net. (2) Reptiles shall be taken only by hand or by the following hand-operated devices: (A) Lizard nooses, (B) Snake tongs, (C) Snake hooks. (3) It is unlawful to use crowbars, tire irons, jackhammers, winches, explosive devices, or any other method or means of collecting that involves removal or breaking apart of rocks, granite flakes, or other shelters in or about which reptiles or amphibians may be found. (4) It is unlawful to take reptiles or amphibians by means of pit-traps or can-traps. (g) Closures. (1) No reptiles or amphibians may be taken from within the boundaries of State Parks or National Parks or Monuments, including public roadways therein. (2) No reptiles or amphibians may be taken from within the boundaries of ecological reserves designated by the Commission, including public roadways therein. (3) No garter snakes ( Thamnophis sp.) may be taken in San Mateo County. (h) The supply house owner shall be responsible for compliance by its employees or agents with these regulations. The department may refuse to authorize owners, employees, or agents of biological supply houses to collect or sell native reptiles or amphibians upon conviction of a violation of these regulations by a court of competent jurisdiction. (i) Any permit issued pursuant to these regulations may be cancelled or suspended at any time by the commission for cause after notice and opportunity to be heard, or without a hearing upon conviction of a violation of these regulations by a court of competent jurisdiction. Note: Authority cited: Sections 1002, 5061, 6851 and 6896, Fish and Game Code. Reference: Sections 1002, 5050, 5060, 5061, 6850, 6852, 6854-6855, 6895 and 6896, Fish and Game Code. s 652. Special Regulations Pertaining to Collecting of Birds, Their Nests and Eggs, and Mammals. Note: Authority cited: Section 1002, Fish and Game Code. Reference: Section 1002, Fish and Game Code. s 653. Marking Birds for Scientific Purposes. Note: Authority cited: Sections 1002 and 1050, Fish and Game Code. Reference: Sections 1002 and 1050, Fish and Game Code. s 654. Permits for Possession of Protected Species of Wild Animals for Exhibition Purposes. (a) Disposition of live or dead protected species of wild animals acquired by the department in its operations or enforcement of the fish and game laws may be made by issuing free permits for the possession of such wild animals to public zoological gardens, scientific or educational institutions for exhibition purposes. (b) Permits for the possession of migratory birds as defined by the Migratory Bird Treaty Act are void unless accompanied by a permit issued by the U.S. Fish and Wildlife Service. (c) Permits are not transferable. (d) Employees of the department may inspect wildlife species possessed under authority of this permit at any time to determine whether or not such wildlife species are properly housed and cared for. (e) The commission may revoke the permit for violation of its terms or of any fish and game law or upon the recommendation of the department when such wildlife specimens are not properly housed, exhibited or cared for. Note: Authority cited: Section 1002, Fish and Game Code. Reference: Sections 1002, 1050 and 5050, Fish and Game Code. s 655. Permits to Take Seals and Sea Lions. Note: Authority cited: Section 1002, Fish and Game Code. Reference: Section 1002, Fish and Game Code. s 656. Permits to Take Beaver or Bear in a Refuge. The department may issue a free permit to take beaver or bear within a refuge under the following conditions: (a) Applications to take beaver or bear shall be filed with the department and shall show: (1) Name and address of applicant. (2) Name of refuge involved. (3) The approximate number of animals to be taken. (4) Such other pertinent data as the department may require. (b) All permits shall be for a stated period of time not to exceed six months. (c) No permit shall be issued unless the department is satisfied that damage is presently occurring or is immediately threatened. (d) During the first two weeks of January of each year, each permittee shall submit to the department report of specimens taken during the preceding calendar year and no new permit shall be issued until such a report has been received. (e) The commission may revoke a permit for violation of the terms of the permit. (f) Any applicant convicted of violating these regulations or the terms and conditions of his permit must appear before the Fish and Game Commission before his permit may be reinstated or a new permit issued to him. Note: Authority cited: Sections 4009.5, 10500 and 10502, Fish and Game Code. Reference: Sections 3950, 4000, 4009.5, 10500, 10508-10510, 10513, 10770-10771, 10820-10838 and 10841-10843, Fish and Game Code. s 657. Permits to Land California Caught Fish at Points Outside of California. Note: Authority cited: Section 7891, Fish and Game Code. Reference: Section 7891, Fish and Game Code. s 658. Commercial Take of Bullfrogs (Rana Catesbeiana) for Sale to Scientific or Educational Institutions. (a) Permit Required of Supplier. Permits shall be issued only to qualified scientific supply houses which sell bullfrogs to bona fide scientific or educational institutions. Such supply houses shall be responsible for compliance by its employees with these regulations. The commission shall approve the qualifications of applicants under this section, and the department shall issue the permit following approval by the commission. See subsection 699(b) of these regulations for the fee for this permit. (b) Market Order Issued by Supplier. A qualified scientific supply house shall issue a market order to each employee before that employee collects bullfrogs Each market order shall specify the exact number of bullfrogs to be collected, the collecting locality, and the dates, not to exceed seven (7) consecutive days, required for the employee to fill that order. (c) Licenses and Permits Required of Employees. Each employee who collects bullfrogs for a qualified scientific supply house shall have a commercial fishing license and a scientific collecting permit issued by the department. Each boat used for this purpose shall be registered as a commercial fishing vessel. (d) Market Order in Possession of Employees. Each employee shall have a market order in his possession when bullfrogs are being collected. No bullfrogs in excess of the numbers specified on the market order may be taken or possessed by the employee of a qualified scientific supply house. (e) Commercial Fishing Reports Required. The commercial fishing provisions of the Fish and Game Code shall apply to the take of bullfrogs. (f) Closed Areas. No bullfrogs may be taken for sale north of Interstate 80 in the Valley Sportfishing District described in section 12.00, title 14, California Administrative Code. (g) Open Areas and Seasons. Bullfrogs may be taken for sale for scientific or educational purposes only in the following sportfishing districts or parts thereof, and only during the specified dates, except as provided in subsection (h): (1) Southern District as described in section 6.00, title 14, CAC-August 1 through November 30. (2) Colorado River District as described in section 7.00, title 14, CAC-August 1 through November 30. (3) South of Interstate 80 in the Valley District as described in section 12.00, title 14, CAC, and in the remainder of the state-May 1 through November 30. (h) The department may issue permits to owners of biological supply houses to collect bullfrogs during the closed season, but only for sale to a bona fide scientific or educational institution as determined by the department. The supply house owner shall submit a written request to the department for the permit. An original letter, under the scientific or educational institution's letterhead and from a staff or faculty member requesting the purchase of a stated number of bullfrogs, shall accompany the request. (i) Restricted Sale. Except for bullfrogs sold, leased, or rented for use in frog jumping contests as defined in Fish and Game Code section 6880, bullfrogs taken under authority of a permit issued pursuant to this section may be sold only to bona fide scientific or educational institutions and may be used only for scientific or educational purposes, and may not be sold, purchased, or traded for any other use. (j) Delivery of Bullfrogs. A licensed employee shall deliver or ship all captured bullfrogs to the premises of the scientific supply house. (k) Bullfrog Capture Methods. Bullfrogs may be captured only by hand. No spears, gigs, hooks, or other devices which might injure bullfrogs may be used. (l) Application Requirements. Permit applications shall be submitted on forms furnished by the department. They may be filed with the department at any time. Application for renewal of a permit for the following calendar year may be filed concurrently with the annual report in December. (m) Notification of Warden. Before collecting bullfrogs, the supplier shall notify a warden in the area where the employee wishes to collect. Such notification may be given by letter, telephone, or personal contact and shall include the canals and exact location on each of entry and departure, the dates of collection, and approximate length of time during which collecting is to be done. The employee shall carry his commercial fishing license, scientific collecting permit and market order at all times when collecting. These documents and specimens shall be shown upon demand to any person authorized by the department to enforce the provisions of the Fish and Game Code or regulation made pursuant thereto. (n) Cancellation and Suspension of Permits. Any permit may be cancelled or suspended at any time by the commission for cause after notice and opportunity to be heard, or without a hearing upon conviction of a violation of these regulations by a court of competent jurisdiction. Note: Authority cited: Sections 205, 1002, 6851, 6896, 7121 and 7709, Fish and Game Code. Reference: Sections 1002, 6851, 7121 and 7709, Fish and Game Code. s 660. Election of Commission Officers. It is the intent of the commission to provide protection from external influences of its operation and administration and decision-making processes. The commission finds that the choice of its president and vice president should be free of external influences. The commission further finds the selection of officers by seniority advances this goal. (a) The president and vice president of the commission shall be elected annually, for a one-year term. The election shall take place at the February meeting, to take effect immediately. The president shall be the most senior member and the vice president shall be the next most senior member. Where the member declines to serve as president or vice president, the next most senior member shall be elected to that office. (b) Seniority shall be the time served in his or her current term. In the case of two members with the same time of service in the current term, the member with the longer total time of service shall be the senior member. (c) No member shall serve as either President or Vice President for more than two consecutive terms. Where such a member has served two consecutive terms, the next most senior member shall be elected to that office, and the next most senior member shall be deemed the next in seniority. Note: Authority cited: Section 102, Fish and Game Code. Reference: Section 102, Fish and Game Code. s 660.1. Annual Certification and Report on Status of Resources. Pursuant to the Constitution of the State of California, the Legislature has delegated powers to the Fish and Game Commission relating to the protection and propagation of fish and wildlife resources for the use and enjoyment of future generations. In accordance with these mandates, it is the policy of the Fish and Game Commission that: The Department shall annually report to the Commission on the relative status of California's fish and wildlife resources with emphasis on those resources estimated to be at marginal or low levels. The Department shall identify management options, particularly for those resources that have declined to such a level that focused efforts are needed for recovery. In odd-numbered years, the Department shall report on the status of fish at the October meeting of the regulation-setting process of Section 206, Fish and Game Code. In even-numbered years, the Department shall report on the status of birds and mammals at the April meeting of the regulation-setting process prescribed by sections 207 and 208 of said Code. In satisfying this requirement, the Department may submit status reports that it prepares to satisfy other statutory requirements. In conjunction with information provided by the Department, the Commission may solicit funds from private sources to provide for independent studies as needed, subject to approval by the Director of Finance pursuant to Government Code sections 11005 and 11005.1, and any funds received shall be designated for the benefit of the Status of the Resources Report Fund, pursuant to Government Code Section 16302. Such funds may also be used to help support the Department's resource monitoring and management programs or for peer review of scientific reports related to resource assessment. Annually, based upon the best scientific information, the Commission shall certify the relative status of California's fish and wildlife resources. The Commission shall then prepare a report on the status of the State's resources for presentation to the Senate Resources & Wildlife Committee and the Assembly Water, Parks & Wildlife Committee. Note: Authority cited: Section 703, Fish and Game Code. Reference: Section 703, Fish and Game Code. s 670. Practice of Falconry. (a) General Provisions. No person shall engage in any falconry activity except as provided by the Fish and Game Code and regulations provided herein. Applicable regulations adopted by the U.S. Secretary of the Interior pursuant to the Migratory Bird Treaty Act and published in Title 50, Code of Federal Regulations (CFR), Part 21 (Revised 9/14/89) are hereby incorporated and made a part of these regulations. Federal regulations shall be made available upon request from the Department of Fish and Game License and Revenue Branch, 3211 S. Street, Sacramento, Ca 95816. (b) Take of Game or Nongame Birds or Mammals. Any person using raptors to take game or nongame birds or mammals shall abide by all laws and regulations related to hunting, including but not limited to licenses, seasons, bag limits, and hunting hours. Any protected bird or mammal inadvertently taken by a raptor must be removed from the raptor, as soon as practical, and left at the site. (c) Additional State Regulations. State regulations included herein complement current federal regulations and are cross-referenced by use of the respective federal Title 50 CFR section numbers boldfaced and placed in parentheses. (1) LICENSING. (A) Application for License. The department shall provide information on application procedures. This information may be obtained by contacting the department (address given in subsection (a) above). (B) Co-sign Requirement. (Section 21.28 CFR) Persons under the age of 18 shall have a parent or guardian co-sign their license application. (C) Substitution of Experience. (Section 21.29 CFR) The department shall consider an applicant's experience acquired in another state or country when evaluating an application for any class of license. (D) Application Fee. In addition to the fee required by Fish and Game Code Section 396, the department shall charge an application fee. The base fee for this application is $7.50 as of January 1, 1993 (Note: This fee shall be charged effective July 7, 1993) and shall be adjusted annually per Fish and Game Code Section 713. (E) Examination Requirement. (Section 21.29 CFR) 1. Minimum Score. Persons applying for their first license or for renewal of a license that expired prior to January 1, 1978, must correctly answer at least 80% of the questions on an examination provided and administered by the department. 2. Reexamination for Failing Score. (Section 21.29 CFR) Any applicant who fails to pass the examination may take another examination no earlier than three months from the date of the prior examination. 3. Substitutions of Passing Score from Another State. (Section 21.29 CFR) Applicants who provide documentation of having successfully passed a federally approved examination in a state listed in Section 21.29(k), CFR, will not be required to take the test. (F) Classes of Licenses. (Section 21.29 CFR) Licenses will be issued in three classes, apprentice, general, and master, only to persons who meet all requirements and qualifications described in these regulations. The department may issue the class of license equal to that of the most recent license issued to a person from a state listed in Section 21.29(k), CFR. (G) Suspension, Revocation or Denial of License. (Section 21.29 CFR) The department may suspend, revoke, or deny issuance or renewal of any falconry license if the applicant or licensee either fails to comply with any requirement of these regulations or has been convicted of a violation of any falconry regulations, including such regulations of a state listed in Section 21.29(k), CFR. For the purpose of this subsection, violation of a general hunting regulation is not a violation of a falconry regulation. An applicant or licensee whose license has been suspended, revoked, or denied may appeal to the Commission. (H) Notification of Termination of Sponsorship. (Section 21.29 CFR) A sponsor shall immediately notify the department in writing (address given in subsection (a) above) in the event of termination of sponsorship for a licensee. The person requiring the sponsor shall acquire a new sponsor within 60 days of the receipt of the notification by the department. Failure to comply with this subsection will result in loss of qualifying time from the date sponsorship was terminated and no subsequent license will be issued until all requirements have been fulfilled. (I) Report Requirement for Apprentices. (Section 21.29 CFR) Apprentice licensees must complete and submit a report of progress on a form approved by the department (FG 362 (9/95), which is incorporated by reference herein). This report must be signed and dated by both the licensee and sponsor. The report will be used to determine qualifying experience for future licenses. (J) Department Inspection and Approval of Equipment and Housing. (Section 21.29 CFR) The equipment and housing required by these regulations shall be inspected and approved by the department prior to the issuance of a license, except the department may authorize a sponsor to inspect and certify that the equipment and housing of apprentice applicants meets or exceeds the minimum standards required by these regulations. Equipment or housing that does not meet the minimum standards required by these regulations shall not be certified by a sponsor. The department may enter the premises of any licensee at any reasonable hour to inspect all housing, equipment, or raptors possessed by the licensee, or to inspect, audit, or copy any permit, book, or record required to be kept by these regulations. (2) AUTHORIZATION. (A) Authorization of Licensed Nonresidents. (Section 21.29 CFR) Nonresidents licensed to practice falconry in a state listed in Section 21.29(k), CFR, are authorized to practice falconry in California. Citizens from another country are authorized to practice falconry in California only in accordance with a permit issued by the U.S. Fish and Wildlife Service. (See subsection (c)(2)(F) below for importation). (B) Nonresident License Not Valid for Resident. (Section 21.29 CFR) Residents are not authorized to possess raptors or practice falconry by a license issued by another state or country. (C) Temporary Transfer of Raptor. (Section 21.29 CFR) Any licensee who allows another person to temporarily possess any raptor as authorized by sections 21.28(d)(6) and 21.29(j)(4), CFR, shall mail a copy of completed federal Form 3-186A and a copy of the statement authorizing temporary possession to the department (address given in subsection (a) above) on the day the bird is transferred. (D) Apprentice Restriction. (Section 21.29 CFR) Except as provided in subsection (c)(2)(E) below, apprentice licensees may only take or possess American kestrels (Falco sparverius) or red-tailed hawks (Buteo jamaicensis). (E) Possession of Captive Bred Raptors from Rehabilitation Facilities. (Section 21.29 CFR) All licensees may possess and use birds acquired from department approved rehabilitation facilities or legally acquired captive bred birds. (F) Importation of Raptors. (Section 21.29 CFR) Licensees may import raptors for falconry only if they submit written authority to export raptors from the originating state or country with the department's copy of federal Form 3-186A. Nonresident licensees from a state listed in Section 21.29(k), CFR, and resident licensees who take their birds out of state and are returning to California, are exempt from this requirement. Citizens from another country may import raptors under the authority of a permit issued by the federal government, (see Section 21.29 CFR). (G) Possession of Infertile Eggs. (Section 21.29 CFR) Infertile eggs laid by a licensee's bird may be possessed if the licensee notifies the department (address given in subsection (a) above), in writing within 48 hours after the egg is laid. (3) BANDING. (A) Prohibition of Removal of Bands. (Section 21.29 CFR) Raptor bands may not be removed from raptors except by a department employee or a person authorized by the department. The loss or removal of any band must be reported to the issuing office on federal Form 3-186A within five (5) working days of the loss or removal of the band. (B) Prohibition on Defacing Band. (Section 21.29 CFR) The alteration, counterfeiting or defacing of a band is prohibited except that licensees may remove the rear tab or may smooth any imperfect surface provided the integrity of the band and numbering are not affected. (4) TAKING. (A) Possession of Valid Falconry License Required For Take. (Section 21.29 CFR) Only persons with a valid falconry license in possession may take a raptor from the wild. Raptors may not be taken in any state or national park. (Nonresidents see subsection (c)(4)(B) below for additional requirements) (B) Nonresident Provisions. (Section 21.29 CFR) Nonresidents licensed to practice falconry in a state listed in Section 21.29(k), CFR, shall apply to the department (address given in subsection (a) above) for a permit to take raptors in California. Application shall be made on form FG 364 (1/96), (Request for Capture), which is incorporated by reference herein, and which shall be provided by the department upon request. If unsuccessful, the permit (form FG 364a (1/96), which is incorporated by reference herein) shall be returned to the department within five days after the expiration date (address given in subsection (a) above). The fee for the permit is $182.00 per bird as adjusted annually pursuant to Section 713 of the Fish and Game Code. Nonresidents shall only take raptors from the wild in accordance with the conditions of the permit. Reporting Take Location. Permittee shall notify the department within 5 days of take of a bird from the wild, on form FG 364a (1/96), provided by the department. Such notification shall include the county of take and a description of the site in Township, Range, and Section format. A copy of a topographic map, with the capture site clearly indicated, shall be mailed to the department at the address indicated on the form (address given in subsection (a) above) within 14 days of take. The location reporting requirement is for all species listed in subsection (c)(4)(C) below, except red-tailed hawk, American kestrel, and great horned owl. (C) Raptors Approved for Take From the Wild. (Section 21.29 CFR) Only the following raptors may be taken from the wild: Northern goshawk (Accipiter gentilis) (also see subsection (c)(4)(D) below), Cooper's hawk (A. cooperii), sharp-shinned hawk (A. striatus), red-tailed hawk (Buteo jamaicensis), ferruginous hawk (B. regalis), merlin (Falco columbarius), American kestrel (F. sparverius), prairie falcon (F. mexicanus) and great horned owl (Bubo virginianus). Reporting Take Location. Permittee shall notify the department within 5 days of take of a bird from the wild, on form FG 363 (9/95), which is incorporated by reference herein, provided by the department. Such notification shall include the county of take and a description of the site in Township, Range, and Section format. A copy of a topographic map, with the capture site clearly indicated, shall be mailed to the department at the address indicated on the form (address given in subsection (a) above) within 14 days of take. The location reporting requirement is for all species listed in subsection (c)(4)(C) below, except red-tailed hawk, American kestrel, and great horned owl. (D) Prohibition on Take of Northern Goshawks. (Section 21.29 CFR) Northern goshawks may not be taken from the wild at any time in the Lake Tahoe Basin as described below: Those portions of Placer, El Dorado, and Alpine counties lying within a line beginning at the north end of Lake Tahoe, at the California-Nevada state line approximately four miles north of Stateline Point in the near vicinity of Mt. Baldy; westerly along the Tahoe Divide between the Lake Tahoe and Truckee River drainages to the intersection of the north line of Section 36, T17N, R17E, MDM; west along said north section line to the section corner common to section 25, 26, 35, and 36, T17N, R17E, MDM; south approximately one mile along the common section line; southwesterly to the intersection of the Tahoe Divide and Highway 267 in the near vicinity of Brockway Summit; southwesternly in the near vicinity of the Tahoe Divide to Mt. Pluto; south to Mt. Watson; westerly approximately two miles to Painted Rock; southerly approximately two miles along the Tahoe Divide to the intersection of Highway 89; southwesterly along the Tahoe Divide to Ward Peak; southerly approximately 30 miles along the Tahoe Divide to a point on the Echo Lakes Road; southeasterly along said road to Old Highway 50; southeasterly along Old Highway 50 to the intersection of the Echo Summit Tract Road; southerly along said road to Highway 50; easterly along Highway 50 to the intersection of the South Echo Summit Tract Road; southerly along said road to the Tahoe Divide; southerly along the Tahoe Divide past the Alpine county line to Red Lake Peak; northerly along the Tahoe Divide past Monument Peak to the California-Nevada state line; north on the state line to the point of beginning. NOTE: the area described above includes the entire basin of Lake Tahoe within California. The geographic boundary of the Lake Tahoe basin is also an area encompassed by the Lake Tahoe Basin Management Unit which is administered by the U.S. Forest Service. The Forest Service office is located in South Lake Tahoe, and maps depicting the boundary may be purchased there or obtained by mail. For ordering information call (916) 573-2600. (E) Approved Methods of Take. (Section 21.29 CFR) Raptors may be taken by trap or net which do not injure the birds. All snare type traps must be attended at all times. All other traps must be identified with the name and address of the licensee and checked at least once every 12 hours. (F) Eyas Bird Restriction. (Section 21.29 CFR) Eyas birds may be taken only by general or master licensees, and only from May 20 through July 15. No more than two eyas birds may be taken by the same licensee in any one year. In no case may all eyas birds be taken from any one nest. At least one eyas shall be left in a nest at all times. (G) Passage Bird Restriction. (Section 21.29 CFR). Passage birds may only be taken from October 1 through January 31, except that a legally marked raptor which was lost or escaped may be taken at any time. (H) Definition of Replacement Period. (Section 21.29 CFR) The 12 month period for replacing birds begins on March 1, of each year. Note: Authority cited: Sections 200, 395, 1050 and 2120, Fish and Game Code. Reference: Sections 395, 713, 1050 and 1054.5, Fish and Game Code. s 670.1. Listing of Endangered and Threatened Species. (Note: These regulations were drafted to provide a petition form and rules and procedures governing the submission and review of petitions for listing, uplisting, downlisting and delisting of endangered and threatened species of plants and animals. The intent of the 1994 amendments is a smoother and more effective implementation of the California Endangered Species Act (CESA) through procedural clarity. While these amendments generally follow the chronology of the CESA statutes, they do not recreate each procedural step of the statutes in regulations.) Pursuant to Sections 2071 and 2071.5 of the Fish and Game Code, the following rules and procedures shall govern the submission and review of petitions for listing, uplisting, downlisting and delisting of threatened or endangered species: (a) Petition Requirement. Every person recommending that a species or subspecies be added to or removed from the State listing of endangered and threatened plants and animals or be changed in status (endangered to threatened or threatened to endangered) must submit a petition to the Fish and Game Commission, 1416 Ninth Street, Box 944209, Sacramento, California 94244-2090. Only petitions submitted on an authorized petition form (PETITION TO THE STATE OF CALIFORNIA FISH AND GAME COMMISSION, FGC-670.1 (3/94), which is incorporated by reference herein), available at the Commission office and offices of the Department of Fish and Game, will be considered by the Commission. (b) Review of Petition for Completeness. An incomplete petition shall be returned to the petitioner by the commission staff within 10 days of receipt. A petition shall be deemed incomplete if it is not submitted on FGC-670.1 (3/94) or fails to contain information in each of the required categories set forth in subsection (d)(1). (c) Notice of Receipt of Petition. Pursuant to Section 2073.3 of the Fish and Game Code, the commission staff shall submit a notice of receipt of an accepted petition to the Office of Administrative Law, for publication in the California Regulatory Notice Register, at the time the petition is transmitted to the department for evaluation. Notice of the receipt of a petition submitted by the department shall be submitted to the Office of Administrative Law for publication upon receipt. Notices shall contain the date and location of the Commission meeting at which the petition is scheduled for receipt. (d) Department Initial Evaluation of Petition. (90-Day Review (1) Sufficient Scientific Information. The department's evaluation report, required pursuant to Section 2073.5 of the Fish and Game Code, shall contain an evaluation of whether or not the petition provides sufficient scientific information on the following petition components of Section 2072.3 of the Fish and Game Code to indicate that the petitioned action may be warranted: (A) population trend; (B) range; (C) distribution; (D) abundance; (E) life history; (F) kind of habitat necessary for survival; (G) factors affecting the ability to survive and reproduce; (H) degree and immediacy of threat; (I) impact of existing management efforts; (J) suggestions for future management; (K) availability and sources of information; and (L) a detailed distribution map. (e) Consideration of Petition by Commission (rejection or acceptance). (1) Rejection of Petition by Commission. Pursuant to Section 2074.2 of the Fish and Game Code, a petition will be rejected by the commission if it fails to include sufficient scientific information under the categories of Section 2072.3 of Fish and Game Code (subsections (d)(1)(A) through (L) above) that the petitioned action may be warranted. If the commission finds that the petition does not provide sufficient information to indicate that the petitioned action may be warranted, a notice of finding that the petition is rejected, including the reason for objections, will be published in the California Regulatory Notice Register. (2) Acceptance of Petition by Commission. If the commission finds that the petition provides sufficient information to indicate that the petitioned action may be warranted, a notice of finding that the petition is accepted for consideration will be published in the California Regulatory Notice Register. If the petitioned action is to add a species to the threatened or endangered species list, the notice will declare the species a candidate. (f) Department Review of Candidate Species. Pursuant to Section 2074.6 of the Fish and Game Code, within 12 months of the date of publication of notice of acceptance of a petition for consideration by the commission, the department shall provide a written report to the commission, based upon the best scientific information available to the department. This report shall indicate whether or not the petitioned action is warranted. (1) Recommendations for Management and Recovery. Pursuant to Section 2074.6 of the Fish and Game Code, the department's status report shall contain a preliminary identification of the habitat which may be essential to the continued existence of the species and recommendations for management activities and other recommendations for recovery of the species. (2) Solicitation of Data and Comments. In satisfying the requirements of Section 2074.4 of the Fish and Game Code, the department shall solicit both existing data on the candidate species from independent sources and comments on the petitioned action. During the status review period the department shall seek independent and competent peer review of the department status report whenever possible. For purposes of these regulations, peer review is defined as the analysis of a scientific report by persons of the scientific/academic community commonly acknowledged to be experts on the subject under consideration, possessing the knowledge and expertise to critique the scientific validity of the report. The department shall include in the status report a listing of the individuals and agencies that were given an opportunity to review the status report prior to its submittal to the commission. Any comments received shall also be included in the status report. (3) Review Period for Department-Initiated Petitions. When a department-initiated petition is accepted by the commission for consideration, commission staff shall schedule receipt of the department's report prepared pursuant to Section 2074.6 of the Fish and Game Code for a commission meeting no sooner than 90 days from the date the notice of candidate species is published in the California Regulatory Notice Register. (g) Receipt of Department's Status Report and Scheduling of Finding Hearing. (1) Commission Meetings for Receipt of Report and Making of Finding. The commission shall receive the department's status report at a regularly scheduled meeting and provide for final consideration of the petition at the next scheduled meeting. Agendas for both of these meetings shall be distributed to all individuals requesting such notification. (2) Upon Receipt by the Commission Office, Availability of Status Report. The Department's status report shall be made available for public review. (h) Submission of Reports by Interested Parties During the Department's Review Period of Candidate Species. (1) Time of Submission. Public comments, including critiques, rebuttals or comments on the petition or on the department's status review report, may be submitted in writing to the commission office or presented as oral or written testimony at the finding hearing on the petition. Interested parties who wish to submit a detailed written scientific report to the commission on the petitioned action must submit such report not later than the time the department submits its report pursuant to Section 2074.6 of the Fish and Game Code. Detailed scientific reports received after the department submits its review report may not be considered. The department shall provide interested parties with a preliminary estimation of the date the status review report will be submitted to the commission. Such estimations will be provided only upon written request and shall not obligate the department to submit the report at the time identified. The department shall reserve the right to submit the report at a later or earlier date. If, however, the report will be submitted appreciably earlier or later than the estimated date, the department shall notify those who made written requests at the earliest possible time. (Parties planning to submit scientific reports are encouraged to coordinate with the department during its review period and to share scientific information useful to the department in its review.) (2) Solicitation of Comments. Interested individuals who wish to submit a detailed scientific report pursuant to subsection 670.1(h)(1) above may seek independent and competent peer review of this report prior to submission. All comments from the reviewers shall be included with the report to verify that peer review has been solicited. Failure to obtain peer review of privately prepared detailed scientific reports may be a factor considered by the Commission in its final determination on the petition. (3) Availability of Detailed Scientific Report from Interested Individuals. Detailed scientific reports from private individuals shall be made available for public review upon receipt by the Commission office. (i) Final Consideration of Petition by Commission. (Action warranted or not warranted.) (1) Petition Action Warranted. (A) Listing. A species shall be listed as endangered or threatened, as defined in sections 2062 and 2067 of the Fish and Game Code, if the Commission determines that its continued existence is in serious danger or is threatened by any one or any combination of the following factors: 1. Present or threatened modification or destruction of its habitat; 2. Overexploitation; 3. Predation; 4. Competition; 5. Disease; or 6. Other natural occurrences or human-related activities. (B) Delisting. A species may be delisted as endangered or threatened, as defined in sections 2062 and 2067 of the Fish and Game Code, if the Commission determines that its continued existence is no longer threatened by any one or any combination of the factors provided in subsection (i)(1)(A) above. 1. Status During Delisting Process. A threatened or endangered species petitioned for delisting shall retain its listed status throughout the delisting process. 2. Removal of Species. After the commission has determined that the petitioned action is warranted, a delisted species shall retain its listed status until 30 days after the Office of Administrative Law has approved the associated rulemaking file and filed the regulation change with the Secretary of State. (C) Uplisting and Downlisting. A threatened species may be uplisted to endangered if its continued existence throughout all or a significant portion of its range is in serious danger of becoming extinct by any one or any combination of the factors listed in subsection (i)(1)(A) above. An endangered species may be downlisted to threatened if it is no longer in serious danger of becoming extinct but special protection and management are still required because of continued threats to its existence by any one or any combination of the factors listed in subsection (i)(1)(A) above. (2) Petitioned Action Not Warranted. The commission shall enter its findings in the public records and the subject species shall revert to its status prior to the filing of the petition. (j) Submission of Regulatory Document. The department shall prepare an Initial Statement of Reasons for Regulation Change (also called Pre-publication of Notice Statement), including an assessment of the potential for adverse economic impact pursuant to Government Code Sections 11346.5 and 11346.53, when listing, delisting or change in status is recommended in the Department's report prepared pursuant to subsection (f) of this section. This document shall be submitted to the commission staff at the commission meeting after final consideration of the petition if the commission makes a finding that the petitioned action is warranted. Note: Authority cited: Sections 2071 and 2071.5, Fish and Game Code. Reference: Sections 2062, 2067, 2071, 2071.5, 2072, 2072.3, 2072.7, 2073.3, 2073.5, 2074.2, 2074.4, 2074.6 and 2075.5, Fish and Game Code. s 670.2. Plants of California Declared to Be Endangered, Threatened or Rare. The following species, subspecies and varieties of California native plants are hereby declared to be endangered, threatened (as defined by section 2067 of the Fish and Game Code) or rare (as defined by section 1901 of the Fish and Game Code), as indicated: (a) Endangered: (1) Agavaceae (Agave Family) (A)Nolina interrata(Dehesa nolina) (2) Amaryllidaceae (Amaryllis Family) (A)Brodiaea coronariassp.rosea(Indian Valley brodiaea) (B)Brodiaea filifolia(thread-leaved brodiaea) (C)Brodiaea insignis(Kaweah brodiaea) (D)Brodiaea pallida(Chinese Camp brodiaea) (3) Apiaceae (Carrot Family) (A)Eryngium aristulatumvar.parishii(San Diego button-celery) (B)Eryngium constancei(Loch Lomond button-celery) (C)Eryngium racemosum(Delta button-celery) (4) Asteraceae (Sunflower Family) (A)Baccharis vanessae (Encinitas baccharis) (B)Blennosperma bakeri (Sonoma sunshine) (C)Cirsium ciliolatum(Ashland thistle) (D)Cirsium fontinalevar.fontinale(fountain thistle) (E)Cirsium fontinalevar.obispoense (Chorro Creek bog thistle) (F)Eriophyllum latilobum (San Mateo woolly sunflower) (G)Helianthus niveusssp.tephrodes(Algodones Dunes sunflower) (H)Deinandraconjugens(Otay tarplant)(Otay tarplant) (I)Deinandraincrescens ssp.ssp.villosa (Gaviota tarplant) (J)Deinandramohavensis(Mojave tarplant)(Mojave tarplant) (K)Holocarpha macradenia(Santa Cruz tarplant) (L)Lasthenia burkei(Burke's goldfields) (M)Layia carnosa (beach layia) (N)Lessingia germanorum (San Francisco lessingia) (O)Pentachaeta bellidiflora (white-rayed pentachaeta) (P)Pentachaeta lyonii (Lyon's pentachaeta) (Q)Pseudobahia bahiifolia(Hartweg's golden sunburst) (R)Pseudobahia peirsonii(San Joaquin adobe sunburst) (5) Berberidaceae (Barberry Family) (A)Berberis nevinii (Nevin's barberry) (B)Berberis pinnatassp.insularis(island barberry) (C)Mahonia sonnei(Truckee barberry) (6) Boraginaceae (Borage Family) (A)Amsinckia grandiflora(large-flowered fiddleneck) (B)Plagiobothrys diffusus(San Francisco popcorn-flower) (7) Brassicaceae (Mustard Family) (A)Arabis macdonaldiana(McDonald's rock cress) (B)Caulanthus californicus(California jewel-flower) (C)Erysimum capitatumvar.angustatum(Contra Costa wallflower) (D)Erysimum menziesii(Menzies's wallflower) (E)Erysimum teretifolium(Santa Cruz wallflower) (F)Rorippa subumbellata(Tahoe yellow cress) (G)Streptanthus niger (Tiburon jewel-flower) (H)Thelypodium stenopetalum(slender-petaled thelypodium) (8) Cactaceae (Cactus Family) (A)Opuntia basilaris var.treleasei (Bakersfield cactus) (9) Campanulaceae (Bellflower Family) (A)Downingia concolor var.brevior (Cuyamaca Lake downingia) (10) Caryophyllaceae (Pink Family) (A)Arenaria paludicola (marsh sandwort) (B)Silene campanulata ssp.campanulata (Red Mountain catchfly) (11) Chenopodiaceae (Goosefoot Family) (A)Atriplex tularensis(Bakersfield smallscale) (B)Nitrophila mohavensis(Amargosa nitrophila) (12) Convolvulaceae (Morning-glory Family) (A)Calystegia stebbinsii(Stebbins's morning-glory) (13) Crassulaceae (Stonecrop Family) (A)Dudleya brevifolia(short-leaved dudleya) (B)Dudleya traskiae(Santa Barbara Island dudleya) (C)Sedellaleiocarpa (Lake County stonecrop) (Lake County stonecrop) (14) Cupressaceae (Cypress Family) (A)Cupressus abramsiana(Santa Cruz cypress) (15) Cyperaceae (Sedge Family) (A)Carex albida(white sedge) (16) Ericaceae (Heath Family) (A)Arctostaphylos densiflora(Vine Hill manzanita) (B)Arctostaphylos hookerissp.hearstiorum(Hearst's manzanita) (C)Arctostaphylos hookerissp.ravenii(Presidio manzanita) (D)Arctostaphylos imbricata(San Bruno Mountain manzanita) (E)Arctostaphylos pacifica(Pacific manzanita) (F)Arctostaphylos pallida(pallid manzanita) (G)Ornithostaphylos oppositifolia (Baja California birdbush) (17) Fabaceae (Pea Family) (A)Astragalus agnicidus(Humboldt milk-vetch) (B)Astragalus lentiginosusvar.sesquimetralis(Sodaville milk-vetch) (C)Astragalus magdalenaevar.peirsonii(Peirson's milk-vetch) (D)Astragalus pycnostachyus var. lanosissimus(Ventura marshmilk-vetch)milk-vetch) (E)Astragalus tenervar.titi(coastal dunes milk-vetch) (F)Lotus argophyllusvar.adsurgens(San Clemente Island bird's-foot trefoil) (G)Lotus argophyllusvar.niveus(Santa Cruz Island bird's-foot trefoil) (H)Lotus dendroideusvar.traskiae(San Clemente Island lotus) (I)Lupinus nipomensis(Nipomo Mesa lupine) (J)Lupinus tidestromiivar.tidestromii(Tidestrom's lupine) (K)Trifolium trichocalyx(Monterey clover) (18) Hydrophyllaceae (Waterleaf Family) (A)Eriodictyon altissimum(Indian Knob mountainbalm) (19) Lamiaceae (Mint Family) (A)Acanthominthaduttonii(San Mateo thorn-mint) (B)Acanthomintha ilicifolia(San Diego thorn-mint) (C)Monardella linoidesssp.viminea(willowy monardella) (D)Pogogyne abramsii(San Diego mesa mint) (E)Pogogyne clareana(Santa Lucia mint) (F)Pogogyne nudiuscula(Otay Mesa Mint) (20) Liliaceae (Lily Family) (A)Fritillaria roderickii(Roderick's fritillary) (B)Lilium occidentale(western lily) (C)Lilium pardalinum ssp. pitkinense(Pitkin Marsh lily) (21) Limnanthaceae (False Mermaid Family) (A)Limnanthes douglasiivar.sulphurea(Point Reyes meadowfoam) (B)Limnanthes floccosassp.californica(Butte County meadowfoam) (C)Limnanthes gracilisvar.parishii(Parish's meadowfoam) (D)Limnanthes vinculans(Sebastopol meadowfoam) (22) Linaceae (Flax Family) (A)Hesperolinon didymocarpum(Lake County western flax) (23) Malvaceae (Mallow Family) (A)Malacothamnus clementinus(San Clemente Island bush mallow) (B)Malacothamnus fasciculatusvar.nesioticus(Santa Cruz Island bush mallow) (C)Sidalcea covillei(Owens Valley checkerbloom) (D)Sidalcea oreganassp.valida(Kenwood Marsh checkerbloom) (E)Sidalcea pedata(bird-foot checkerbloom) (F)Sidalcea stipularis(Scadden Flat checkerbloom) (24) Onagraceae (Evening-primrose Family) (A)Clarkia franciscana(Presidio clarkia) (B)Clarkia imbricata(Vine Hill clarkia) (C)Clarkia lingulata(Merced clarkia) (D)Clarkia springvillensis(Springville clarkia) (E)Oenothera deltoidesssp.howellii(Antioch dunes evening-primrose) (25) Poaceae (Grass Family) (A)Dichanthelium lanuginosumvar.thermale(Geysers dichanthelium) (B)Neostapfia colusana(Colusa grass) (C)Orcuttia californica(California Orcutt grass) (D)Orcuttia inaequalis(San Joaquin Valley Orcutt grass) (E)Orcuttia pilosa(hairy Orcutt grass) (F)Orcuttia tenuis(slender Orcutt grass) (G)Orcuttia viscida(Sacramento Orcutt grass) (H)Poa napensis(Napa blue grass) (I)Tuctoria mucronata(Crampton's tuctoria) (26) Polemoniaceae (Phlox Family) (A)Eriastrum densifoliumssp.sanctorum (Santa Ana River woollystar) (B)Navarretia leucocephalassp.plieantha(many-flowered navarretia)(many-flowered navarretia) (C)Phlox hirsuta(Yreka phlox) (27) Polygonaceae (Buckwheat Family) (A)Chorizanthe orcuttiana(Orcutt's spineflower) (B)Chorizanthe parryi var.fernandina (San Fernando Valley spineflower) (C)Chorizanthe valida (Sonoma spineflower) (D)Dodecahema leptoceras(slender-horned spineflower) (E)Eriogonum alpinum(Trinity buckwheat) (F)Eriogonum apricumvar.apricum(Ione buckwheat) (G)Eriogonum apricumvar.prostratum(Irish Hill buckwheat) (H)Eriogonum thornei(Thorne's buckwheat) (I)Eriogonum grandessp.timorum(San Nicholas Island buckwheat) (J)Eriogonum kelloggii(Kellogg's buckwheat) (K)Polygonum hickmanii (Scotts Valley polygonum) (28) Ranunculaceae (Buttercup Family) (A)Delphinium variegatumssp.kinkiense(San Clemente Island larkspur)(San Clemente Island larkspur) (29) Rhamnaceae (Buckthorn Family) (A)Ceanothus ophicochilus (Vail Lake ceanothus) (30) Rosaceae (Rose Family) (A)Cercocarpus traskiae(Catalina Island mountain-mahogany) (B)Potentilla hickmanii (Hickman's cinquefoil) (C)Rosa minutifolia(small-leaved rose) (31) Rubiaceae (Madder Family) (A)Galium catalinensessp.acrispum(San Clemente Island bedstraw) (32) Saxifragaceae (Saxifrage Family) (A)Lithophragma maximum(San Clemente Island woodland star) (33) Scrophulariaceae (Figwort Family) (A)Castilleja campestris ssp.succulenta (succulent owl's-clover) (B)Castilleja grisea (San Clemente Island Indian paintbrush) (C)Castilleja uliginosa (Pitkin Marsh Indian paintbrush) (D)Cordylanthus maritimus ssp.maritimus (salt marsh bird's-beak) (E)Cordylanthus palmatus (palmate-bracted bird's-beak) (F)Cordylanthus rigidus ssp.littoralis (seaside bird's-beak) (G)Gratiola heterosepala (Boggs Lake hedge-hyssop) (b) Threatened: (1) Amaryllidaceae (Amaryllis Family) (A)Allium munzii (Munz's onion) (2) Asteraceae (Sunflower Family) (A)Cirsium loncholepis (La Graciosa thistle) (B)Cirsium rhothophilum (surf thistle) (C)Hazardia orcuttii (Orcutt's hazardia) (D)Verbesina dissita (crownbeard) (3) Boraginaceae (Borage Family) (A)Plagiobothrys strictus (Calistoga popcorn-flower) (4) Brassicaceae (Mustard Family) (A)Dithyrea maritima (beach spectaclepod) (B)Nasturtiumgambelii (Gambel's water cress) (Gambel's water cress) (5) Crassulaceae (Stonecrop Family) (A)Dudleya stolonifera(Laguna Beach dudleya) (6) Fabaceae (Pea Family) (A)Astragalus claranus (Clara Hunt's milk-vetch) (B)Lupinus citrinusvar.deflexus (Mariposa lupine) (C)Lupinus milo-bakeri(Milo Baker's lupine) (7) Liliaceae (Lily Family) (A)Calochortus tiburonensis(Tiburon mariposa lily) (B)Fritillaria striata(striped adobe-lily) (8) Linaceae (Flax Family) (A)Hesperolinon congestum (Marin western flax) (9) Philadelphaceae (Mock Orange Family) (A)Carpenteria californica (tree-anemone) (10) Poaceae (Grass Family) (A)Pleuropogonhooverianus (North Coast semaphore grass) (11) Polemoniaceae (Phlox Family) (A)Gilia tenuiflorassp.arenaria (sand gilia) (B)Navarretia leucocephalassp.pauciflora (few-flowered navarretia) (few-flowered navarretia) (12) Polygonaceae (Buckwheat Family) (A)Chorizanthe howellii(Howell's spineflower) (13) Scrophulariaceae (Figwort Family) (A)Castilleja affinisspp.neglecta (Tiburon Indian paintbrush) (Tiburon Indian paintbrush) (14) Verbenaceae (Vervain Family) (A)Verbena californica (California vervain) (c) Rare: (1) Amaryllidaceae (Amaryllis Family) (A)Allium yosemitense(Yosemite onion) (B)Bloomeria humilis(dwarf goldenstar) (2) Apiaceae (Carrot Family) (A)Lilaeopsis masonii(Mason's lilaeopsis) (B)Sanicula maritima(adobe sanicle) (C)Sanicula saxatilis(rock sanicle) (3) Asteraceae (Sunflower Family) (A)Blennosperma nanumvar.robustum(Point Reyes blennosperma) (B)Eriophyllum congdonii(Congdon's woolly sunflower) (C)Deinandra arida(Red Rock tarplant) (D)Deinandra minthornii(Santa Susanna tarplant) (E)Dieteria asteroides var.lagunensis(Mount Laguna aster) (F)Packera ganderi(Gander's ragwort) (G)Packera layneae(Layne's ragwort) (4) Boraginaceae (Borage Family) (A)Cryptantha roosiorum(bristlecone cryptantha) (5) Brassicaceae (Mustard Family) (A)Caulanthus stenocarpus(slender-pod jewel-flower) (6) Campanulaceae (Bellflower Family) (A)Nemacladus twisselmannii(Twisselmann's nemacladus) (7) Crassulaceae (Stonecrop Family) (A)Dudleya cymosassp.marcescens(marcescent dudleya) (B)Dudleya nesiotica(Santa Cruz Island dudleya) (8) Cyperaceae (Sedge Family) (A)Carex tompkinsii(Tompkins's sedge) (9) Ericaceae (Heath Family) (A)Arctostaphylos bakeri(Baker's manzanita) (B)Arctostaphylos edmundsiivar.parvifolia(Hanging Gardens manzanita) (10) Euphorbiaceae (Spurge Family) (A)Croton wigginsii(Wiggins's croton) (11) Fabaceae (Pea Family) (A)Astragalus johannis-howellii(Long Valley milk-vetch) (B)Astragalus monoensis(Mono milk-vetch)(Mono milk-vetch) (C)Astragalus traskiae(Trask's milk-vetch) (D)Lupinus padre-crowleyi(Father Crowley's lupine) (E)Thermopsis macrophyllavar.agnina(Santa Ynez false lupine) (F)Trifolium polyodon(Pacific Grove clover) (12) Hydrophyllaceae (Waterleaf Family) (A)Eriodictyon capitatum(Lompoc yerba santa) (13) Liliaceae (Lily Family) (A)Calochortus dunnii(Dunn's mariposa lily) (B)Calochortus persistens(Siskiyou mariposa lily) (C)Chlorogalum purpureumvar.reductum(Camatta Canyon amole) (14) Limnanthaceae (False Mermaid Family) (A)Limnanthes bakeri(Baker's meadowfoam) (15) Malvaceae (Mallow Family) (A)Sidalcea hickmaniissp.anomala(Cuesta Pass checkerbloom) (B)Sidalcea hickmaniissp.parishii(Parish's checkerbloom) (16) Onagraceae (Evening-primrose Family) (A)Clarkia speciosassp.immaculata(Pismo clarkia) (B)Oenothera californicassp.eurekensis(Eureka Dunes evening-primrose) (17) Poaceae (Grass Family) (A)Agrostis blasdaleivar.marinensis(Marin bent grass) (B)Calamagrostis foliosa(leafy reed grass) (C)Swallenia alexandrae(Eureka Valley dune grass) (D)Tuctoria greenei(Greene's tuctoria) (18) Polemoniaceae (Phlox Family) (A)Eriastrum tracyi(Tracy's eriastrum) (19) Polygonaceae (Buckwheat Family) (A)Dedeckera eurekensis(July gold) (B)Eriogonum butterworthianum(Butterworth's buckwheat) (C)Eriogonum crocatum(Conejo buckwheat) (D)Eriogonum giganteumvar.compactum(Santa Barbara Island buckwheat) (E)Eriogonum twisselmannii(Twisselmann's buckwheat) (20) Portulacaceae (Purslane Family) (A)Lewisia congdonii(Congdon's lewisia) (21) Ranunculaceae (Buttercup Family) (A)Delphinium bakeri(Baker's larkspur) (B)Delphinium hesperiumssp.cuyamacae(Cuyamaca larkspur) (C)Delphinium luteum(yellow larkspur) (22) Rhamnaceae (Buckthorn Family) (A)Ceanothus hearstiorum(Hearst's ceanothus) (B)Ceanothus maritimus(maritime ceanothus) (C)Ceanothus masonii(Mason's ceanothus) (D)Ceanothus roderickii(Pine Hill ceanothus) (23) Rosaceae (Rose Family) (A)Ivesia callida(Tahquitz ivesia) (24) Rubiaceae (Madder Family) (A)Galium angustifoliumssp.borregoense(Borrego bedstraw) (B)Galium buxifolium(box bedstraw) (C)Galium californicumssp.sierrae(El Dorado bedstraw) (25) Saxifragaceae (Saxifrage Family) (A)Bensoniella oregona(bensoniella) (26) Scrophulariaceae (Figwort Family) (A)Castilleja gleasonii(Mt. Gleason Indian paintbrush) (B)Cordylanthus mollisssp.mollis(soft bird's-beak) (C)Cordylanthus nidularius(Mt. Diablo birds-beak) (D)Cordylanthus tenuisssp.capillaris(Pennell's bird's-beak) (E)Holmgrenanthe petrophila(rock lady) (F)Pedicularis dudleyi(Dudley's lousewort) (27) Sterculiaceae (Cacao Family) (A)Fremontodendron decumbens(Pine Hill flannelbush) (B)Fremontodendron mexicanum(Mexican flannelbush) Note: Authority cited: Sections 1904 and 2070, Fish and Game Code. Reference: Sections 1755, 1904, 2062, 2067, 2070, 2072.7 and 2075.5, Fish and Game Code. s 670.5. Animals of California Declared To Be Endangered or Threatened. The following species and subspecies are hereby declared to be endangered or threatened, as indicated: (a) Endangered: (1) Crustaceans: (A) California freshwater shrimp (Syncaris pacifica) (B) Shasta crayfish (Pacifastacus fortis) (2) Fishes: (A) Bull trout (Salvelinus confluentus) (B) Mohave tui chub (Gila bicolor mohavensis) (C) Owens tui chub (Gila bicolor snyderi) (D) Bonytail (Gila elegans) (E) Colorado squawfish (Ptychocheilus lucius) (F) Lost River sucker (Deltistes luxatus) (G) Modoc sucker (Catostomus microps) (H) Shortnose sucker (Chasmistes brevirostris) (I) Razorback sucker (Xyrauchen texanus) (J) Desert pupfish (Cyprinodon macularius) (K) Owens pupfish (Cyprinodon radiosus) (L) Unarmored threespine stickleback (Gasterosteus aculeatus william soni) (M) Winter run chinook salmon (Oncorhynchus tshawytscha) (N) Coho salmon (Oncorhynchus kisutch) south of Punta Gorda (Humboldt County), California. (3) Amphibians: (A) Santa Cruz long-toed salamander (Ambystoma macrodactylumcroceum) (B) Desert slender salamander (Batrachoseps aridus) (4) Reptiles: (A) Coachella Valley fringe-toed lizard (Uma inornata) (B) Blunt-nosed leopard lizard (Gambelia silus) (C) San Francisco garter snake (Thamnophis sirtalis tetrataenia) (5) Birds: (A) California brown pelican (Pelecanus occidentalis californicus) (B) California condor (Gymnogyps californianus) (C) Bald eagle (Haliaeetus leucocephalus) (D) American peregrine falcon (Falco peregrinus anatum) (E) California clapper rail (Rallus longirostris obsoletus) (F) Light-footed clapper rail (Rallus longirostris levipes) (G) California least tern (Sterna antillarum browni) (H) Western yellow-billed cuckoo (Coccyzus americanus occidentalis) (I) Elf owl (Micrathene whitneyi) (J) Great gray owl (Strix nebulosa) (K) Least Bell's vireo (Vireo bellii pusillus) (L) Inyo California towhee (Pipilo crissalis eremophilus) (M) Willow flycatcher (Empidonax traillii) (N) Arizona Bell's vireo (Vireo bellii arizonae) (O) Gila woodpecker (Melanerpes uropygialis) (P) Gilded northern flicker (Colaptes auratus chrysoides) (Q) Belding's savannah sparrow (Passerculus sandwichensis beldingii) (R) Marbled murrelet (Brachyramphus marmoratus) (6) Mammals: (A) Riparian brush rabbit (Sylvilagus bachmani riparius) (B) Morro Bay kangaroo rat (Dipodomys heermanni morroensis) (C) Giant kangaroo rat (Dipodomys ingens) (D) Tipton kangaroo rat (Dipodomys nitritoides nitratoides) (E) Fresno kangaroo rat (Dipodomys nitritoides exilis) (F) Salt-marsh harvest mouse (Reithrodontomys raviventris) (G) Amargosa vole (Microtus californicus scirpensis) (H) California bighorn sheep (Ovis canadensis californiana) (b) Threatened: (1) Gastropods: (A) Trinity bristle snail (Monadenia setosa) (2) Fishes: (A) Delta smelt (Hypomesus transpacificus) (B) Cottonball Marsh pupfish (Cyprinodon salinus milleri) (C) Rough sculpin (Cottus asperrimus) (D) Spring-run chinook salmon (Oncorhynchus tshawytscha) of the Sacramento River drainage. (E) Coho salmon (Oncorhynchus kisutch) from Punta Gorda (Humboldt County), California to the northern border of California. (3) Amphibians: (A) Siskiyou mountain salamander (Plethodon stormi) (B) Kern Canyon slender salamander (Batrachoseps simatus) (C) Tehachapi slender salamander (Batrachoseps stebbinsi) (D) Limestone salamander (Hydromantes brunus) (E) Shasta salamander (Hydromantes shastae) (F) Black toad (Bufo exsul) (4) Reptiles: (A) Desert tortoise (Gopherus agassizzi) (B) Barefoot banded gecko (Coleonyx switaki) (C) Southern rubber boa (Charina bottae umbratica) (D) Alameda whipsnake (Masticophis lateralis euryxanthus) (E) Giant garter snake (Thamnophis couchi gigas) (5) Birds: (A) Swainson's hawk (Buteo swainsoni) (B) California black rail (Laterallus jamaicensis coturniculus) (C) Yuma clapper rail (Rallus longirostris yumanensis) (D) Greater sandhill crane (Grus canadensis tabida) (E) Bank swallow (Riparia riparia) (F) Xantus's murrelet (Synthliboramphus hypoleucus) (6) Mammals: (A) Mohave ground squirrel (Spermohilus mohavensis) (B) San Joaquin antelope squirrel (Ammospermophilus nelsoni) (C) Stephens' kangaroo rat (Dipodomys stephensi) (D) Sierra Nevada red fox (Vulpes vulpes necator) (E) San Joaquin kit fox (Vulpes macrotis mutica) (F) Island fox (Urocyon littoralis) (G) Wolverine (Gulo gulo) (H) Guadalupe fur seal (Arctocephalus townsendi) (I) Peninsular bighorn sheep (Ovis canadensis cremnobates) Note: Authority cited: Sections 2070 and 2075.5, Fish and Game Code. Reference: Sections 1755, 2055, 2062, 2067, 2070, 2072.7, 2075.5 and 2077, Fish and Game Code. s 670.6. Commission Policy on Monitored Species. It is the policy of the commission that the department shall monitor and report on the impact of ongoing management efforts for and the status of species or subspecies listed herein that were previously considered for candidacy or listing by the commission. The commission may reconsider listing any of these species or subspecies at any time based upon a new petition submitted pursuant to sections 2071 or 2072.7 of the Fish and Game Code. Any petition implemented pursuant to this section will be considered by the commission in accordance with procedures set forth in Article 2, Chapter 1.5, of the Fish and Game Code (California Endangered Species Act). (a) Monitored Species and Subspecies. Note: There are no species currently listed. Note: Authority cited: Section 703, Fish and Game Code. Reference: Sections 703, 2071 and 2072.7, Fish and Game Code. s 670.7. Permits to Take Fully Protected Animals for Scientific Purposes. The department may issue revocable permits to take fully protected species for scientific purposes under the following conditions: (a) Permits may be issued only to members of the faculty or professional staff of a scientific or educational institution; professional wildlife staff of a government agency or private institution; or others who are deemed qualified by the department. (b) Requests for permits to take fully protected species shall be submitted to the department in writing, and shall include the following information: (1) Name and address of applicant. (2) Species and number to be collected. (3) Scientific background and research experience of principal investigator and assistants. (4) Description of proposed study, with reference to the literature, including purpose, methods of capture, materials, expected result, and intended disposition of animals collected or handled. (5) Duration of study; locality and periods of sampling or capture. (c) Revocable permits issued by the department shall be in the form of a memorandum of understanding. This memorandum shall include the conditions under which taking of animals may be permitted, beginning and termination dates, and requirements for periodic reports to the department, which shall be at least yearly. The memorandum, and any addenda to it, shall be signed by the director of the department and by the applicant or the applicant's executive supervisor. (d) The department shall notify the commission prior to the issuance of any memorandums and prepare a report annually regarding any memorandums issued pursuant to this section. (e) Commission approval shall be required prior to the issuance by the department of any memorandum for a fully protected species listed in subsection (f). Such memorandums shall be subject to conditions established by the commission. (f) Commission approval shall be required for studies involving the take for scientific purposes of the following fully protected species: (1) California condor ( Gymnogyps californianus). (2) Southern sea otter ( Enhydra lutris nereis). (3) Bighorn sheep ( Ovis canadensis). (g) Permits for the taking of fully protected species that are also declared to be rare or endangered by the commission pursuant to Section 670.5, or federally designated as endangered or threatened by the Secretary of the Interior, shall be subject to conditions of State-Federal Cooperative Agreements relating to these species. (h) Any permit issued pursuant to these regulations may be cancelled or suspended at any time by the director of the department when, in his judgment, permittee is acting or has acted contrary to the terms and conditions of subject permit, or if, in his judgment, the safety or welfare of the species authorized to be taken by subject permit is or may be jeopardized by the actions of permittee. Note: Authority cited: Section 1002, Fish and Game Code. Reference: Sections 3511, 4700, 5050 and 5515, Fish and Game Code. s 671. Importation, Transportation and Possession of Live Restricted Animals. (a) It shall be unlawful to import, transport, or possess alive animals restricted in subsection (c) below except under permit issued by the Department of Fish and Game. Permits may be issued by the department as specified herein and for purposes designated in Section 671.1 subject to the conditions and restrictions designated by the department. Except for mammals listed in Fish and Game Code Section 3950 or live aquatic animals requiring a permit pursuant to Fish and Game Code Section 2271, no permit is required by this section for any animal being imported, transported, or possessed pursuant to any other permit issued by the department. Cities and counties may also prohibit possession or require a permit for these and other species not requiring a state permit. (b) The commission has determined the below listed animals are not normally domesticated in this state. Mammals listed to prevent the depletion of wild populations and to provide for animal welfare are termed "welfare animals", and are designated by the letter "W". Those species listed because they pose a threat to native wildlife, the agriculture interests of the state or to public health or safety are termed "detrimental animals" and are designated by the letter "D". The department shall include the list of welfare and detrimental wild animals as part of DFG MANUAL NO. 671 (2/25/92) IMPORTATION, TRANSPORTATION AND POSSESSION OF RESTRICTED SPECIES, to be made available to all permittees and other interested individuals. (c) Restricted species include: (1) Class Aves -Birds (A) Family Alaudidae -Larks Alauda arvensis(Skylark) (D). (B) Family Cuculidae -Cuckoos All species (D). (C) Family Corvidae -Crows, Ravens, Rooks, Jackdaws All species (D). (D) Family Turdidae -Thrushes, Blackbirds, Fieldfare 1. Turdus merula(European blackbird) (D). 2. Turdus viscivorus(Missel thrush) (D). 3. Turdus pilaris(Fieldfare) (D). 4. Turdus musicus(Song thrush) (D). (E) Family Sturnidae -Starlings, Mynahs All species (D), except Sturnus vulgaris(Starling), Gracula religiosaor Eulabes religiosa(Hill mynahs), and Leucopsar rothschildi(Rothchild's mynah) are not restricted. (F) Family Ploceidae -Sparrows, Weavers, Queleas 1. Genus Passer(Sparrow) All species (D), except Passer domesticus(English house sparrow) is not restricted. 2. Foudia madagascariensis(Madagascar weaver) (D). 3. Ploceus baya(Baya weaver) (D). 4. Genus Quelea(Queleas) -All species (D). (G) Family Estrildidae -Waxbills, Munias, Ricebirds 1. Padda oryzivora(Java sparrow) (D). (H) Family Emberizidae -Yellowhammer Emberiza citrinella(Yellowhammer) (D). (I) Order Falconiformes -Falcons, Eagles, Hawks, Vultures 1. Vultures All species (D) 2. Falcons, Eagles, Hawks (D) (J) Order Strigiformes -Owls All species (D) (K) Family Pyconotidae -Bulbuls or Fruit Thrushes Pycnonotus jocosus(Red-whiskered bulbul) (D). (L) Family Zosteropidae -Whiteeyes Genus Zosterops(Whiteeyes) -All species (D). (M) Family Psittacidae -Parrots, Parakeets Myiopsitta monachus(Monk or Quaker parakeet) (D). (2) Class Mammalia -Mammals (A) Order Primates -Monkeys, Apes All species (W), except Family Hominidae -not restricted. (B) Order Edendata -Sloths, Anteaters, Armadillos, etc. All species: 1. Family Dasypodidae -Armadillos -All Species (D). 2. Family Bradypodidae -Sloths -(W). 3. Family Myrmecophagidae -Anteaters -(W). (C) Order Marsupialia -Marsupials or Pouched Animals All species (W). (D) Order Insectivora -Shrews, Moles, Hedgehogs, etc. All species (D). (E) Order Dermoptera -Gliding Lemurs All species (D). (F) Order Chiroptera -Bats All species (D). (G) Order Monotremata -Spiny Anteaters, Platypuses All Species (W). (H) Order Pholidota -Pangolins or Scaly Anteaters All species (W). (I) Order Lagomorpha -Pikas, Rabbits, and Hares All species, (D), except domesticated races of rabbits and hares of the Family Leporidae -not restricted. (J) Order Rodentia -Hamsters, Field Mice, Voles, Muskrats, Gerbils, Squirrels, Chipmunks, Woodchucks, and Prairie Dogs 1. All species (D), except: a. Ondatra zibethica(Muskrats) -Not restricted under conditions set forth in Fish and Game Code Section 2250; b. Domesticated races of golden hamsters of the species Mesocricetus auratusand domesticated races of dwarf hamsters of the Genus Phodopusnot restricted; c. Domesticated races of rats or mice (white or albino; trained, dancing or spinning, laboratory-reared) not restricted; d. Domesticated races of guinea pigs of the species Cavia porcellusnot restricted; and e. Domesticated races of chinchillas of the species Chinchilla lanigernot restricted. (K) Order Carnivora -Raccoons, Ringtailed Cats, Kinkajous, Coatis, Cacomistles, Weasels, Ferrets, Skunks, Polecats, Stoats, Mongoose, Civets, Wolves, Foxes, Coyotes, Lions, Tigers, Ocelots, Bobcats, Servals, Leopards, Jaguars, Cheetahs, Bears, etc. 1. Family Felidae -All species (W) except: a. Acinonyx jubatus(cheetahs) -(D). b. Domestic cats and hybrids of domestic cats are not restricted. 2. Family Canidae -All species (W). a. Wolf hybrids Canis familiaris(domestic dog) x Canis lupus(wolf). i. Any F1 (first) generation wolf hybrid whelped on or before February 4, 1988 may be possessed under permit from the department. ii. No state permit is required to possess the progeny of F1 generation wolf hybrids, but cities and counties may prohibit possession or require a permit. b. Domesticated dogs are not restricted. 3. Family Viverridae -All species (D). 4. Family Procyonidae -All species -(D), except: a. Ailuris fulgens(Lesser Panda) -(W). b. Aiuropoda melanoleuca(Giant panda) -(W). c. Bassariscus astutus(Ringtail or Ringtailed cat) -(W). d. Jentinkia sumichrasti(Mexican and Central American Cacomistle) -(W). 5. Family Mustelidae -All species (D), except:. a. Ambloynx cinerea(Oriental small-clawed otter) -(W). b. Aonyx capensis(African clawless otter) -(W). c. Pteronura brasiliensis(Giant otter) -(W). d. All species of Genus Lutra(River otters) -(W). 6. All others -(W). (L) Order Tubulidentata -Aardvarks All species -(W). (M) Order Proboscidae -Elephants All species -(W). (N) Order Hyracoidae -Hyraxes All species -(W). (O) Order Sirenia -Dugongs, Manatees All species -(W). (P) Order Perissodactyla -Horses, Zebras, Tapirs, Rhinoceroses, etc. All species (W), except Family Equidae is not restricted. (Q) Order Artiodactyla -Swine, Peccaries, Camels, Deer, Elk, Moose, Antelopes, Cattle, Goats, Sheep, etc. All species (D) except: 1. Bos taurusand Bos indicus(Domestic cattle); Bos grunniens(Yak); Bubalus bulalis(Asian water buffalo); Ovis aries(Domestic sheep); Capra hircus(Domestic goat); Sus scrofa domestica(Domestic swine); Llama glama(Llama); Llama pacos(Alpaca); Llama guanicoe(Guanaco); Hybrids of llama, alpaca and guanacos; Camelus bactrianusand Camelus dromedarius(Camels); and Bison bison(American bison), are not restricted. 2. Permits may be issued for species of Elk (Genus Cervus) which are already maintained within California; and 3. Permits may be issued pursuant to Section 676, Title 14, CCR, for importing, breeding, slaughter and sale of the meat and other parts of fallow deer (Dama dama) for commercial purposes. (3) Class Amphibia -Frogs, Toads, Salamanders (A) Family Bufonidae -Toads Bufo marinus, Bufo paracnemis, Bufo horribilis(Giant toad or marine toad group) and all other large toads from Mexico and Central and South America-(D). (B) Family Pipidae -Tongueless Toads All species of the Genus Xenopus-(D). (C) Family Ambystomatidae-Mole Salamanders All species of the genus Ambystoma(tiger salamanders)-D (4) Class Agnatha -Jawless Fishes (A) Family Petromyzontidae -Lampreys All nonnative species (D). (5) Class Osteichthyes -Bony Fishes (A) Family Percichthyidae -Temperate Basses 1. The species Morone americana(White perch) (D). 2. The species Morone chrysops(White bass) (D). (B) Family Clupeidae -Herrings Dorosoma cepedianum(Gizzard shad) (D). (C) Family Sciaenidae -Drums Aplodinotus grunniens(freshwater drum) (D). (D) Family Characidae -Characins 1. Astyanax fasciatus(Banded tetra) (D). 2. All species of the genera Serrasalmus, Serrasalmo, Pygocentrus, Taddyella, Rooseveltiella, and Pygopristis(Piranhas) (D). 3. Hoplias malabaricus(Tiger fish) (D). (E) Family Salmonidae -Trouts Salmo salar(Atlantic salmon) -Restricted in the Smith River watershed (D). (F) Family Lepisosteidae -Gars All species (D). (G) Family Amiidae -Bowfins All species (D). (H) Family Poeciliidae -Livebearers Belonesox belizanus(Pike killifish) (D). (I) Family Channidae -Snakeheads All species (D). (J) Family Cyprinidae -Carps and Minnows 1. Leuciscus idus (ide)(D). 2. Ctenopharyngodon idellus(Grass carp) (D), except that permits may be issued to a person, organization or agency for possession of triploid grass carp, under conditions set forth in Section 238.6. 3. Hypophthalmichthys molitrix(Silver carp) (D). 4. Aristichthys nobilis(Bighead carp) (D). (K) Family Trichomycteridae (Pygidiidae) -Parasitic Catfishes. All species (D). (L) Family Cetopsidae -Whalelike Catfishes. All species (D). (M) Family Clariidae -Labyrinth Catfishes All species of the genera Clarias, Dinotopterus, and Heterobranchus(D). (N) Family Heteropneustidae (Saccobranchidae) -Airsac Catfishes All species (D). (O) Family Cichlidae -Cichlids 1. Tilapia sparrmani(Banded Tilapia) (D). 2. Tilapia zilli(Redbelly tilapia) (D), except permits may be issued to a person or agency for importation, transportation, or possession in the counties of San Bernardino, Los Angeles, Orange, Riverside, San Diego, and Imperial. 3. Tilapia aurea(Blue tilapia) (D). 4. Tilapia nilotica(Nile tilapia) (D). (P) Family Anguillidae -Freshwater Eels. All species of genus Anguilla(D). (Q) Family Esocidae -Pikes all species (D). (R) Family Percidae -Perches 1. Perca flavescens(Yellow perch) (D). 2. Stizostedion vitreum(Walleye) (D). (S) Family Catostomidae -Suckers All members of the genus Ictiobus(Buffalos) (D). (T) Family Cyprinodontidae-Killifishes Cyprinodon variegatus(Sheepshead minnow) (D). (6) Class Elasmobranchiomorphi -Cartilaginous Fishes (A) Family Carcharhinidae -Requiem Sharks All species of genus Carcharhinus(Freshwater sharks) (D). (B) Family Potamotrygonidae -River stingrays All species (D). (7) Class Reptilia -Reptiles (A) Order Crocodilia -Crocodiles, Caimans, Alligators and Gavials All species (D). (B) Family Chelyridae -Snapping Turtles All species (D). (C) Family Elapidae -Cobras, Coral Snakes, Mambas, Kraits, etc. All species (D). (D) Family Viperidae -Adders and Vipers All species (D). (E) Family Crotalidae -Pit Vipers All species (D), except Crotalus viridis(Western rattlesnake), Crotalus atrox(Western diamondback rattlesnake), Crotalus ruber(red diamondback rattlesnake), Crotalus scutulatus(Mojave rattlesnake), Crotalus mitchelli(speckled rattlesnake) and Crotalus cerastes(Sidewinder) not restricted. (F) Family Colubridae -Colubrids 1. Dispholidus typus(Boomslang) (D). 2. Theoltornis kitlandii(Bird or vine snake) (D). (G) Family Helodermatidae 1. Heloderma suspectum suspectum(reticulate Gila monster) (D). (8) Class Crustacea -Crustaceans (A) All species of Family Cambaridae -Crayfish, etc. (D), except Procambarus clarkiiand Orconectes virilisnot restricted. (B) All species of genus Eriocheir(D). (9) Class Gastropoda -Slugs, Snails (A) Potamopyrgus antipodarum(New Zealand mudsnail) (B) All nonnative species of slugs and land snails (D), except: 1. Rumina decollata(decollate snail) in the counties of San Bernardino, Riverside, Imperial, Orange, San Diego, Los Angeles, Ventura, Kern, Fresno, Madera, Tulare and Santa Barbara not restricted with the concurrence of the appropriate county agricultural commissioners. 2. Helix aspersa(brown garden snail) not prohibited. (10) Class Bivalvia-Bivalves All members of the genus Dreissena(zebra mussels) -(D). (11) Transgenic Aquatic Animals. Includes freshwater and marine fishes, invertebrates, crustaceans, mollusks, amphibians, and reptiles (D). Note:Unpermitted transgenic aquatic animals are determined to be detrimental to native wildlife, therefore the exemption provided for in Fish and Game Code Section 2150(e) is not applicable. Note: Authority cited: Sections 2118 and 2120, Fish and Game Code. Reference: Sections 1002, 2116, 2118, 2118.2, 2118.4, 2119-2155, 2190, 2271, 3005.9 and 3005.92, Fish and Game Code. s 671.1. Permits for Restricted Species. (a) General. It is unlawful for any person to import, export, transport, maintain, dispose of, or use for any purpose any animal restricted by Section 671 except as authorized in a permit issued by the department. (1) Limited Scope. A permit issued pursuant to this Section 671.1 does not supersede any Federal, State, or local law regulating or prohibiting the animals or the activities authorized in the permit. (2) Inspections. The department may approve an application prior to facilities being inspected and approved. A permit shall not be issued unless the applicant's facilities have been inspected and approved by the department or persons designated by the department. The department may enter any facility at a reasonable hour, where restricted species are kept or may be kept to inspect animals, facilities, animal equipment, or to inspect, audit, or copy any permit, book or record required to be kept by these regulations or federal regulations relating to such species. (3) Change of Address or Name. The permittee must notify the Department's License and Revenue Division, 3211 S Street, Sacramento, California 95816, in writing of any change of address or name related to the permit within fourteen (14) days of the change. (4) Records. Any record, log, invoice, or other document required by this Section 671.1 shall be maintained by the permittee for at least three years from the date issued, and be made available to the department immediately upon demand. (5) Transportation Records Required of Broker/Dealer. The permittee shall prepare and sign an invoice in duplicate prior to any animals leaving their facility. The invoice shall contain the name and address of the Broker/Dealer, a phone number where the Broker/Dealer and the consignee can be reached 24 hours, the name and address of the consignee, the date of the shipment, and the number and scientific name of each animal. The invoice shall accompany the animals being shipped. The consignee shall sign and date the invoice receipt of the shipment and retain a copy. (6) Permits for Business. A person (as defined in Fish and Game Code Section 67) other than a natural person can qualify for and be issued a permit, only by employing at least one full time employee who possesses the requirements for obtaining a permit. The permittee must continue to employ such qualified persons as long as the animals are possessed in California. (7) Financial Responsibility. The department may require an applicant for a nonresident permit to provide proof he/she will immediately cover all expenses incurred by the department for personnel, equipment, and facilities used to locate, capture, house, care for, and transport animals that escape or that are released or abandoned. The written proof must be in the form of an insurance bond or other financial guarantee payable to the department, local government agency, or entity contracting for the animals. (8) Health Certificates. The department may require as a condition on any permit that restricted animals be approved for interstate shipment pursuant to applicable federal or state agency standards for diseases such as but not limited to tuberculosis, brucellosis, and pseudo rabies. Permit conditions may be more restrictive than federal standards. (9) Transgenic Aquatic Animals. The department may issue permits for importation, possession, transportation or rearing of, or research on, transgenic aquatic animals pursuant to the following terms and conditions: (A) All transgenic aquatic animals shall be held, raised, and transported in a closed-water system or in a system which treats effluent discharge from the facility with a disinfection system adequate to ensure against the inadvertent release of live animals. A closed-water system means that there is no discharge to waters of the state. Municipal treated sewage systems are not considered waters of the state. The Commission may grant an exception to subsection (a)(9)(A) of this regulation if it is determined that doing so shall not pose a significant risk to the waters or wildlife of the state. (B) Access to facilities containing transgenic aquatic animals must be restricted through means determined to be adequate by the Department to assure against unauthorized removal of animals. (C) Movement of live transgenic aquatic animals from facilities is prohibited unless specifically permitted by the Department. (D) Release of transgenic aquatic animals or their progeny into waters of the state is prohibited. (E) If transgenic aquatic animals are held with non-transgenic animals of the same species, all such animals that commingle with transgenic animals shall be treated as transgenic for the purposes of regulation and may not be introduced into waters of the state. Nontransgenic individuals that can be individually identified as nontransgenic may be exempt from this provision with prior department approval. (F) In addition to any other penalty provided by law, any unauthorized release of transgenic aquatic animals or their progeny into the waters of the state may be subject to the penalties provided for under Fish and Game Code Sections 2125, 12007, and/or 12023. (G) A university, college, governmental research agency or other bona fide scientific institution, as determined by the department, may apply for an expedited permit review under 671.1(b)(6) of this section by demonstrating that they meet or exceed the requirements stipulated in subsections (A) through (F) as part of a federal program or permit, for example, National Institute of Health guidelines administered by an Institutional Animal Care and Use Committee (IACUC). Such institutions shall have 120 calendar days from May 14, 2003 to submit supporting documentation for an initial permit. (H) The Department shall provide written notice of the filing of all permit applications to any interested party who submits a written request for such notice. The Department shall consider all written comments regarding a permit application that are received from any interested party prior to approval of that application. All approved applications shall be reviewed by the Fish and Game Commission during a regularly scheduled public meeting; and the Commission, following public comment, may deny the issuance of a permit if it finds that an applicant is or will be unable to meet all regulatory requirements for importation, transportation, possession, and confinement of transgenic aquatic animals. (I) The regulations under subsection 671.1(a)(9) shall be reviewed by the Department and other interested parties no later than one year after their effective date of May 14, 2003. A summary of the review shall be reported to the Commission at a regularly scheduled meeting within 90 days of May 14, 2004. (b) Permits and Fees. The following fees will be adjusted annually pursuant to Section 699, Title 14, CCR. The department may issue permits with the conditions it determines are necessary to protect native wildlife, agriculture interests, animal welfare, and/or human health and safety to: (1) Animal Care. A person who is a resident and who has the demonstrated experience and ability to house an animal, and who legally possessed the animal in California prior to January 1992. The permittee may only possess and provide care for the animal(s) specifically listed on their department approved permit inventory. No other activity is authorized except that which is medically necessary for the care of the animal. The base permit fees for this activity in 1998 are $34.75 for Welfare species and $289.50 for Detrimental species. (2) Exhibiting. A person who is a resident or nonresident who is in the business of exhibiting animals and who possesses the qualifications listed in 671.1(c)(1) to import, transport, and possess only those species listed on the department approved permit inventory for commercial exhibition purposes. The base permit fee for this activity in 1998 is $289.50 for residents and $579.00 for nonresidents. (3) Single Event Breeding for Exhibitor. A person who is a resident and permitted pursuant to Section 671.1(b)(2) to conduct a one time, single breeding of an animal which is listed on the department approved permit inventory. The permit may be renewed annually, but only upon written verification by a veterinarian accredited by the U.S. Department of Agriculture (USDA) that the breeding authorized by the former permit was not successful. The base permit fee for this activity in 1998 is $34.75. (4) Breeding. A person who is a resident and who possesses the qualifications listed in Section 671.1(c)(1) to import, transport, and possess only those species listed on the department approved permit inventory for breeding, but only if the department determines the breeding will not result in unneeded or uncared for animals or the species is threatened or endangered. The base permit fee for this activity in 1998 is $289.50. (5) AZA. A person accredited by the American Association of Zoos and Aquariums (AZA) to import, transport, and possess only those species listed on the department approved permit inventory for breeding, exhibition, or for bona fide scientific or public health research. The base permit fee for this activity in 1998 is $289.50. (6) Research. A university, college, governmental research agency, or other bona fide scientific institution, as determined by the department, engaging in scientific or public health research to import, transport, and possess only those species listed on the department approved permit inventory for breeding, or for bona fide scientific or public health research. The base permit fee for this activity in 1998 is $289.50. (7) Broker/Dealer. A person who is a resident or nonresident to act as a broker or dealer in a transaction involving the buying and/or selling of restricted species, or who is the business of transporting restricted species within the state between permittees. The base permit fee for this activity in 1998 is $289.50 for residents and $579.00 for nonresidents. (A) Special Restrictions. (1) Minimum Caging Period. Animals may be kept in transport caging for a period not to exceed 48 hours. An additional 48 hours may be approved by an enforcing officer or a veterinarian accredited by the USDA. (2) Nonresident Restriction. The nonresident dealer shall only transport animals between permittees authorized by this Section or between AZA accredited institutions and permittees or ship them out of state in compliance with Federal guidelines. (8) Shelter. A person who is a resident, who possesses the qualifications listed in Section 671.1(c)(1), and who has a statement in writing signed by the department's regional manager verifying the need for a shelter or similar facility in the area, to transport and possess restricted species for humane purposes only. The base permit fee for this activity in 1998 is $34.75. The permit fee may be waived upon recommendation of the regional manager when he/she determines it is in the best interest of the public, the animal, or the department to do so. (A) Special Authorizations. (1) A permittee may exhibit animals at its facility for fund-raising purposes. (2) The department may authorize a permittee to import restricted species upon receipt of written verification that appropriate facilities outside of California were contacted and no housing was available, and that these specific animals would be euthanized if they cannot be imported into California. (Note: Deer Farming Permits. See Section 676.) (c) Qualifications, Application Fees, and Permit Information. (1) Qualifications. Applicants shall be at least 18 years of age and possess at least two years, full-time, paid or volunteer, hands-on experience caring for restricted species at a facility(ies) engaged in a similar or directly related activity to the permit requested. Applicants shall have at least one year full-time hands-on professional experience working with prohibited species in the same family or closely related taxonomic family as each species being requested. Experience will be considered only for the periods the applicant was directly involved in and responsible for the animals while engaged in the activity requested on the permit. Applicants must be residents of California, except permits for an exhibiting permit or a broker/dealer permit may be issued to nonresidents. Persons or facilities accredited by the American Association of Zoological Parks and Aquariums (AZA), universities, colleges, governmental research agencies or other bona fide scientific institutions, as determined by the department, engaging in scientific or public health research are exempt from meeting these qualifications. (2) Application. Completed applications and all fees shall be submitted to the Department of Fish and Game, License and Revenue Branch, Sacramento (see Section 671.1(a)(3) above for address) for each permit, permit amendment, or renewal. Application fees are nonrefundable and are in addition to permit fees. The following information and documents shall accompany an application for each permit, amendment, or renewal: (A) An inventory of each animal requested including the common and scientific name, sex, and age of each animal; (B) Written certification from a veterinarian accredited by the USDA, that he/she has observed each of the permittee's animals at least twice during the prior year, that the animals have been appropriately immunized and are being housed and cared for as required by law. The certification must be signed by the veterinarian and must include the veterinarian's printed name, address and license number. In the case of animals to be acquired by the permittee, the certification shall include the future dates the animals will be inspected by the veterinarian; (C) A resume which provides the dates and description of the applicant's experience. The resume is required only when applying for the original permit or when applying to add new species to the inventory. (D) A copy of current license or registration document required by the United States Department of Agriculture (USDA) and a copy of the most recent USDA facility inspection form completed for the facility. (E) A letter of recommendation on letterhead stationary signed in ink by the owner or operator of a facility where the applicant gained his/her experience. The letter must provide the printed name of the owner or operator and detailed information regarding the quality and extent of the applicant's knowledge and experience related to the permit requested. (F) Applicants for a breeding permit shall include a statement describing why the progeny are necessary. The statement must be in writing on letterhead stationary from a university, research facility, exhibitor, breeder, zoological garden or other authorized recipient. The statement must contain the printed name and be signed in ink by an official representative of the organization providing the statement. The statement is required only with the original application and when applying to add new species to the breeding inventory. (3) Term of Permit. Permits issued under the provisions of this Section 671.1 shall be valid for a term of one year from the date of issue. (4) Denial. The department may deny the issuance of a permit if the conditions of Section 671.1(b) are not met, or the failure to comply with terms and conditions of a permit or the provisions of sections 671-671.6. Any person denied a permit under these regulations may request a hearing before the commission to show cause why their permit request should not be denied. (5) Revocation. Any permit issued pursuant to these regulations may be canceled or suspended at any time by the commission for failure to comply with the terms and conditions of the permit or for failure to comply with sections 671-671.6, after notice and opportunity to be heard, or without a hearing upon conviction of a violation of these regulations by a court of competent jurisdiction. (6) Fees. The following fees will be adjusted annually pursuant to Section 699, Title 14, CCR. (A) Application. A nonrefundable application fee for new permit, amending or renewing existing permit: $30. (B) Inspection. The applicant shall pay $100.00 for two inspections each year. If an inspection requires more than two hours, or additional inspections are required to verify corrections of facilities or for compliance with these regulations an additional $25.00 per hour shall be charged. The inspection fee shall be waived if a person submits an annual statement from a veterinarian accredited by the USDA certifying that the animals have been inspected at least twice during the year, at six month intervals, and that the animals are being cared for and housed in accordance with applicable requirements in sections 671.2 through 671.4, Title 14, CCR. In the case of animals to be acquired, the inspection fee shall be waived if a veterinarian accredited by the USDA will certify that the facilities meet the minimum requirements of Section 671.2, Title 14, CCR, and that the animals will be inspected at least twice during the next year as required. Note: Authority cited: Sections 1002, 2118, 2120, 2122, 2150 and 2150.2, Fish and Game Code. Reference: Sections 2116-2118, 2190 and 2271, Fish and Game Code. s 671.2. Humane Care and Treatment Standards. (a) Care and Treatment. Except as provided by subsection (c) below, every person who imports, transports, or possesses a restricted species shall comply with the following provisions: (1) Food. Food shall be wholesome, palatable and free from contamination and shall be supplied in sufficient quantity and nutritive value to maintain the animal in good health. The diet shall be prepared with consideration for the age, species, condition, and size of each animal. (2) Feeding. Animals not in hibernation shall be fed at least once a day. Food receptacles shall be clean and sanitary. Food shall be accessible to all animals in the enclosure and placed to prevent contamination. If self-feeders are used, adequate measures shall be taken to prevent mold, contamination, deterioration or caking of food. (3) Water. Potable water must be accessible to the animals at all times or provided as often as necessary for the health and comfort of the animal as directed by a licensed veterinarian. All water receptacles shall be clean and sanitary. (4) Cleaning of enclosures. Excrement shall be removed from enclosures at least once per day or in the case of large pasture areas, large flight cages, breeding chambers or large natural habitat enclosures, as often as necessary to maintain animals in a healthy condition. When enclosures are cleaned by hosing or flushing, adequate measures shall be taken to protect confined animals from the direct spray. (5) Disinfection of enclosures. After an animal with an infectious or transmissible disease is removed from a cage, room, or pen/run, that enclosure shall be disinfected in compliance with the directions of a licensed veterinarian. (6) Pest control. Programs of disease prevention and parasite control, euthanasia and adequate veterinary care shall be established and maintained under the supervision of a licensed veterinarian. The pest control program shall be reviewed annually by the veterinarian for the safe use of materials and methods. (7) Daily observation. Animals shall be observed every day by the person in charge of the care of the animals or by someone working under his or her direct supervision. Sick or diseased, stressed, injured, or lame animals shall be provided with veterinary care or humanely destroyed. (8) Handling. Animals shall be handled expeditiously and carefully so as not to cause unnecessary discomfort, behavioral stress, or physical harm to the animal. Except as provided below, an animal may be placed on a chain and collar only when being transported by an attendant between areas on a permittee's premises or between a mode of conveyance and a worksite or veterinarian's office, or when the handler is working or exercising the animal(s) within the compound. Care shall be exercised to avoid harm to the handler or the general public. Animals shall be kept under control at all times and shall not be allowed to roam free outside of a compound, except when under the control of the handler during filming or exhibition. Exceptions: Elephants chained pursuant to subsection 671.3(b)(2)(M)4. (see Department of Fish and Game Manual No. 671- 2/25/92). Raptors may be jessed and tethered. (9) Chaining/staking. Animal(s) shall not be chained or otherwise tethered to a stake, post, tree, building or other anchorage, except during filming, training or exhibition, in an emergency situation or when repairs are being made to the cage. The animal(s) shall be under the direct supervision of the handler or his designee at all times. Exceptions: Elephants chained pursuant to subsection 671.3(b)(2)(M)4. (see Department of Fish and Game Manual No. 671- 2/25/92). Raptors may be jessed and tethered. (10) Public display. Animals shall be publicly displayed only for periods of time and under conditions consistent with the animal's health and comfort. The animal must be handled so there is no perceived risk to the public in the judgement of the department's enforcement officer, with sufficient distance allowed between animal acts and the viewing public to assure safety to both the public and the animals. Animals on display shall be contained within an escape-proof area or enclosure at all times when not under the immediate control of a handler. Circus or traveling show animals shall be allowed a rest period of at least 4 hours per day within an enclosure as directed by a licensed veterinarian. (b) Log Requirement. Permittees shall maintain a written log in the English language for each animal in their possession which documents each animal's health care. The log shall contain the following information: date of acquisition, name and address of person from whom the animal was acquired, identifying marks or characteristics, date and description of illness and/or injury, health care treatment provided, name and signature of the person treating the animal, if applicable. This log shall be made available to department officers or its authorized agent on demand. (c) Alternative Care and Treatment Authorized by Veterinarian. When specifically directed in writing by a licensed veterinarian, a person may provide alternative care and treatment. The veterinarian's written instructions for long-term care of the animals held under the permit shall be presented to the inspector at the time of inspection. The implementation of any short-term exceptions to the veterinarian's long-term instructions or to the provisions of subsections 671.2(a)(1) through (10) above shall be verified in writing in the animal's log by the permittee within 10 working days from the date of the action. Such exception shall not exceed two weeks without written concurrence from a licensed veterinarian. Note: Authority cited: Section 2120, Fish and Game Code. Reference: Sections 2116.5, 2118 and 2120, Fish and Game Code. s 671.3. Minimum Facility and Caging Standards for Wild Animals Housed at Permanent Facilities. (a) General Housing Requirements and Specifications. (1) All cages or enclosures shall be completely enclosed unless otherwise specified. (2) Compatible animals may be held in the same enclosure if the required floor space is provided. (3) Common walls between noncompatible animals shall be constructed so that animals cannot gain access to each other. (4) If the ambient air temperature falls below that necessary to maintain the animal in a healthy condition, an artificial heat source that is sufficient to maintain that minimum ambient air temperature shall be provided. (5) If a pool of water is required, the floor space occupied by the pool shall be in addition to the minimum floor space requirement unless otherwise specified. (6) Night quarters, holding pens and nesting boxes may not be used as primary housing. (7) Except as provided in subsection (b) below, all animals listed shall be housed in facilities that have double doors or, if individual cages do not have double doors, then a perimeter fence shall enclose the entire facility to prevent escape. (8) All enclosures shall be provided with sufficient drainage to prevent standing water from accumulating. (9) Wherever a concrete floor is specified, either wood plank flooring or natural substrate may be used to cover the concrete floor. (10) The following are minimum pen, cage or enclosure size requirements: MINIMUM PEN, CAGE OR ENCLOSURE SIZE REQUIREMENTS Type of Animal One Animal Floor Each Interior Space Additional Ceiling (Sq. Animal or Feet) Outside Two Fence Animals Height (Feet) CLASS AVES--Birds Ploceidae, Estrildidae, Zosteropidae 4 4 +3/animal 2 Ceiling More than 2 birds requires a cage height of 6 feet. Alaudidae, Cuculidae, Turdidae, Sturmidae 6 6 +4/animal 4 ' More than 2 birds requires a cage height of 6 feet. Corvidae 12 24 +12/animal 5 ' More than 2 birds requires a cage height of 6 feet. Falconiformes, Strigiformes Eagle, Hawkeagle, 100 150 +50/animal 7 ' Vulture Red-tailed hawk. Grt 64 96 +32/animal 7 ' Horn Owl Peregrine falcon, Barn 48 72 +24/animal 7 ' owl Sparrow hawk, Screech owl, Burrowing owl 36 54 +18/animal 6 ' CLASS MAMMALIA--Mammals PRIMATA NOTE: The cage size requirement for two primates also meets the cage size requirement for a pair and their progeny under the age of 2 years. Gorilla 300 500 +200/animal 8 Ceiling Orangutans 200 400 +200/animal 10 ' Chimpanzees 200 300 +100/animal 8 ' Baboons 100 200 +100/animal 8 ' Gibbons, Langurs 100 200 +50/animal 9 ' Macaques 80 120 +40/animal 8 ' Woollys, Spiders, Howlers, Sakis, Capuchins 64 96 +32/animal 8 ' Marmosets 16 24 +8/animal 8 ' Squirrel, Titis, Owl 36 54 +18/animal 8 ' Tree Shrew 9 12 +3/animal 3 ' EDENTATA Sloth 30 40 +10/animal 8 Ceiling Armadillo: (less than 15' 12 16 +3/animal 1.5 ' length) (15' to 36' length) 30 40 +10/animal 3 ' (greater than 36') 80 100 +20/animal 5 ' Tamandua 40 50 +10/animal 7 ' Giant Anteater 200 300 +100/animal 6 ' MARSUPIALIA Sm. Opossums 9 12 +3/animal 3 ' Lg. Opossums 20 30 +10/animal 5 ' Sm. Wallaby 60 90 +20/animal 5 Fence/Wa- ll Lg. Wallaby 200 300 +100/animal 6 Fence/Wa- ll Tree Kangaroo 80 100 +20/animal 8 Ceiling Lg. Kangaroo 200 300 +100/animal 8 Fence/Wa- ll Wallaroo 200 300 +100/animal 6 Fence/Wa- ll INSECTIVORA Hedgehog, Shrew, Mole 3 6 +3/animal 1 Ceiling DERMOPTERA Giliding Lemur 50 65 +15/animal 5 Ceiling CHIROPTERA Bats Use same cage dimensions as comperably sized finches, or hawks (see bird section). MONOTREMATA Spiny Anteater 25 35 +10/animal 5 Ceiling Platypus (See Monotrem- atadetaile in subsection (b)(2)(G)) PHOLIDOTA Scaly Anteater Terrestrial forms Same as armadilos Aboreal forms Same as sloth LAGOMORPHA Wild Rabbit or Hare 20 28 +8/animal 5 Ceiling RODENTIA Squirrel, Flying 20 40 +10/animal 8 ' Squirrel, Tree 20 40 +10/animal 8 ' Squirrel, Ground 20 40 +10/animal 5 ' (Up to 4 animals may be held in 40 sq. feet) Chipmunk 20 30 +10/animal 5 ' (Up to 3 animals may be held in 30 sq. feet.) Prairie Dog (males) 20 30+10/an- 5 ' imal Acushi 20 30 +10/animal 5 ' Agouti 30 40 +10/animal 5 ' Paca 30 40 +10/animal 5 ' Crested Porcupine 40 80 +40/animal 6 ' N.A. Porcupine 30 40 +10/animal 7 ' S.A. Porcupine 20 30 +10/animal 7 ' Muskrat 30 40 +10/animal 6 ' Beaver 80 120 +40/animal 5 ' Capybara 100 150 +50/animal 5 ' CARNIVORA Canidae Fennec or Kit Fox 80 100 +40/animal 6 Ceiling Bat-eared Fox/Artic Fox 80 100 +40/animal 6 ' Gray Fox 80 100 +40/animal 8 ' Red Fox 80 100 +40/animal 6 ' Jackal 150 200 +100/animal 6 ' Coyote 150 200 +100/animal 6 ' Wolf 200 300 +200/animal 6 ' Cape Hunting Dog 200 300 +100/animal 6 ' Ursidae Sun Bear 200 300 +100/animal 8 Ceiling American Black Bear 300 450 +150/animal 8 ' Asiatic Black Bear 300 450 +150/animal 8 ' Sloth Bear 300 450 +450/animal 8 ' Spectacled Bear 300 450 +150/animal 8 ' Polar Bear 400 600 +200/animal 10 ' Grizzly Bear 400 600 +200/animal 8 ' Russian Brown Bear 300 450 +150/animal 8 ' Kodiak Bear 400 600 +200/animal 10 ' Procyonidae Kinkajou 40 50 +10/animal 7 Ceiling Coatimundi 50 60 +10/animal 7 ' Raccoon 60 80 +20/animal 8 ' Mustelidae Weasel/Mink/Ferret 30 Up to 4 +10/animal 6 Ceiling in 30 sq. feet Tayra 40 50 +10/animal 6 ' Grison 30 40 +10/animal 6 ' Marten 40 50 +10/animal 7 ' Wolverine 100 200 +100/animal 6 ' Spotted Skunk 30 Up to 2 +10/animal 6 ' in 20 sq. feet Striped Skunk 30 Up to 2 +10/animal 6 ' in 30 sq. feet Otter 100 200 +100/animal 6 ' Badger 60 80 +30/animal 6 ' Viverridae Genet, Civet 40 50 +10/animal 7 Ceiling Binturong 100 150 +50/animal 8 ' Mongoose 80 100 +40/animal 6 ' Hyaenidae Hyena 200 300 +100/animal 6 Ceiling FELIDAE Lion, Tiger, Cheetah, Snow Leopard, and hybrids thereof 300 450 +150/animal 8 Ceiling Black & Spotted Leopard, Jaguar, Clouded Leopard, Mountain Lion, European Lynx and hybrids thereof 200 300 +100/animal 8 ' Caracal, Bobcat, Canada Lynx, Golden Cat, Ocelot, Serval, Jungle Cat, Fishing Cat and hybrids thereof 80 120 +40/animal 8 ' Margay, Leopard Cat, Pallas Cat, Marble Cat, Geoffroy's Cat, African Wild Cat, European Wild Cat, Jaguarundi, Little Spotted Cat, African Black Footed Cat, Sand Cat, Flatheaded Cat, Pampas Cat and hybrids thereof 60 90 +30/animal 8 ' TUBULIDENTATA Aardvark 200 300 +100/animal 6 ' PROBOSCIDEA Elephant 1500 3000 +1500/animal 12 Barn height HYDRACOIDEA Hyrax 16 20 +4/animal 4 Ceiling PERISSODACTYLA Tapir 300 500 +300/animal 6 Fence/Wa- ll Rhinoceros 1500 3000 +1500/animal 5 Fence/Wa- ll Wild Ass 900 1300 +400/animal 6 Fence/Wa- ll ARTOIDACTYLA Peccary 100 150 +50/animal 4 Fence/Wa- ll Wild Pig 150 200 +50/animal 4 Fence/Wa- ll Pigmy Hippopotamus 700 1000 +300/animal 6 Fence/Wa- ll Hippopotamus 1500 3000 +1500/animal 7 Fence/Wa- ll Giraffe 1500 3000 +1500/animal 18 Barn height (The following Artiodactyla may have a 6 foot fence if the facility's perimeter fence is 8 foot.) White-tailed Deer 600 800 +200/animal 8 ' Fallow Deer 600 800 +200/animal 8 ' Elk/Red Deer 1000 1400 +400/animal 8 ' Bison, European 1000 1400 +400/animal 6 ' Buffalo 1000 1400 +400/animal 6 ' Impala, Eland 1000 1400 +400/animal 8 ' Other Antelope 600 800 +200/animal 6 ' Aoudad 600 800 +200/animal 6 ' Wild Goats & Sheep 600 800 +200/animal 6 ' (b) Specific Housing Requirements. Permittees shall comply with the following provisions except that material or construction may be substituted upon approval of the inspecting officer if the permittee produces written certification from a licensed civil or structural engineer that the material and/or construction is of equivalent strength. (1) Class Aves -Birds All birds, except indigenous birds and birds in the Orders Falconiformes and Strigiformes, listed in Section 671 shall be housed in cages having double doors so constructed that the exterior door must be closed before the interior door can be opened. Each door or gate shall be secured by a lock. Perches shall be large enough in diameter so that the bird's claws do not meet the toe or pad on the underside of the perch. (A) Orders Falconiformes and Strigiformes. Noncompatible raptors shall be housed separately unless tethered. Birds of these orders held pursuant to a falconry license shall be maintained in accordance with Section 670, Title 14, CCR. Tethered raptors shall be provided with a perch designed for individual species of raptors. Tethered raptors shall be protected from predators and shall be provided with water for drinking and bathing. Tethers shall be constructed to allow the bird freedom of normal movement without becoming tangled; such tethers shall be of equal length (one on each leg). Raptors shall not be tethered continuously unless they are being flown on a daily basis or they are incapable of flying. (2) Class Mammalia (A) Order Primates 1. A shelter or a den box shall be provided. All primates shall be provided with natural or artificial sunlight. 2. Nocturnal primates shall be provided with privacy during their daytime hours. 3. Nest boxes shall be provided for species that use them (e.g., tamarins, marmosets, owl monkeys). Raised perches and roost sites shall be provided for arboreal or semi-arboreal species. 4. For brachiating species (gibbons and spider monkeys), sufficient vertical space must be provided for this activity which means perches shall be above the floor at a height that is at least equivalent to twice the length of an adult. The ceiling shall be high enough to allow room for the animal to stand erect on its perch with arms extended overhead. 5. Primates shall be provided with objects or exercise systems appropriate to the age and species to promote physical and psychological well-being. These may include sturdy ropes, bars, branches, and chains and rings. 6. New World Monkeys such as squirrel, titis, and owl, medium and large South American monkeys, such as spiders, woollys, howlers, capuchins, and sakis held prior to August 3, 1989 may be kept in the currently approved housing so that the prior social structure and environment of those animals may be maintained. All other housing requirements shall pertain to these animals. 7. Apes: a. Gorilla, Orangutan and Chimpanzee (i) The walls and top of the cage shall be constructed of either 6-inch reinforced concrete; or 8-inch reinforced concrete block; or 5/8-inch diameter steel bars spaced on not greater than 4-inch centers and welded to horizontal angle iron bars 1-1/4 inches x 1/4-inch thick which are spaced no greater than 3 feet apart; or 6-gauge chain link or welded wire attached to 1-5/8-inch schedule 40 steel pipe spaced on 5-foot centers with vertical bracing of 1-5/8- inch schedule 40 steel pipe spaced on 4-foot centers. The horizontal angle iron bars shall be welded to the corner posts. The bottom horizontal bar shall be no more than 3 inches above a concrete floor or footing. Welded wire shall be welded to the framework every foot. Chain link fencing shall be secured along all edges to the framework using tension bars which shall be bolted, not welded, to the framework at 12 inch intervals. All bolt attachments shall be further secured by spot welding. Walls shall be secured to a concrete footing deep enough below grade to preclude escape by digging. The framework for the walls and top of the cage shall be made of 1-5/8 inch outside diameter structural weight galvanized steel pipe or equivalent. Vertical support shall be set 2-1/2 feet in concrete. (ii) Corner posts shall be either one 2-3/8 inch steel pipe or two 1-5/8 inch schedule 40 steel pipes bolted together with 3/8 inch steel bolts or equivalent. b. Gibbon (i) Construction shall be 9 gauge chain link or welded wire or equivalent. 8. Old World Monkeys a. Baboon, mandrill, macaque, quenon, mangabey, langur, etc. (i) 9 gauge wire or concrete construction. 9. New World Monkeys a. Marmoset, squirrel, titis, owl and other similar-sized Monkeys. (i) Cage mesh no greater than 1' x 2' b. Spider, woolly, howler, capuchin, saki, other medium and large sized South American monkeys, etc. (i) 11 gauge wire or concrete construction. (B) Order Edentata -Sloth, Anteater, Armadillo, etc. 1. The floor of the pen shall be at least 50% natural substrate. The walls of the pen shall be secured to a concrete footing or, if they are constructed of 11 gauge non-rusting chain link or welded wire, they shall be buried in the dirt deep enough to prevent escape by digging. 2. The pens for sloths may have a concrete floor and shall have limbs for climbing. One limb shall provide them an opportunity to get to a heat source. (C) Order Marsupialia -Marsupial or Pouched Animal 1. The floor of the cage shall either be constructed of wood, or it shall be natural substrate. The surface of the paddock shall be natural substrate. Walls of the cage shall be secured to buried concrete or, if walls are constructed of 11 gauge non-rusting chain link or welded wire, they shall be buried in the dirt deep enough to prevent escape by digging. 2. Tree kangaroos and other arboreal marsupials shall be provided with limbs for perching, climbing and resting, a raised nest box or similar structure for seclusion and a heat source. 3. Kangaroos and wallabies shall be provided with a refuge area. (D) Order Insectivora -Shrew, Mole, Hedgehog, etc. 1. The bottom of the cage shall be dirt, wood shavings or similar material over an escape-proof flooring. 2. A hide box or other refuge and protection from strong light are required. (E) Order Dermoptera -Gliding Lemur 1. Limbs for perching and climbing and a rectangular cage are required. (F) Order Chiroptera -Bat 1. Perching or other material shall be provided for the animal to suspend itself. 2 Protection from strong light shall be provided. (G) Order Monotremata -Spiny Anteater, Platypus. 1. The floor of the cage shall be natural substrate. The walls of the cage shall be constructed of 11 gauge non-rusting chain link or welded wire, secured to buried concrete, or they shall be buried at least one foot below the surface. 2. Nest boxes with dry bedding or a natural burrow shall be provided for spiny anteaters. A heat source shall be provided. 3. A pool measuring at least 4 times the length of the animal(s) by 1-1/2 times the width of the animal by 2-feet deep shall be provided for platypuses for swimming and feeding. Each adult shall be provided with a dry land area equal to the surface area of the pool. 4. Platypuses require at least a 6-foot long, tunnel-like entrance to the nest box where water from the pool can be shed. 5. Platypuses shall be kept singly with young or paired only when breeding. (H) Order Pholidota -Pangolin, Scaly Anteater 1. The floor of the cage shall be natural substrate or 4 inch concrete covered with permeable soil. The walls of the cage shall be constructed of 11 gauge non-rusting chain link or welded wire, secured to buried concrete, or they shall be buried at least one foot below the surface. (I) Order Lagomorpha -Rabbit and Hare All require tooth-resistant restraining materials and bone, wood or fibrous food to gnaw on. 1. The floor of a pen shall be constructed of concrete at least 2 inches thick or of 16 gauge non-rusting chain link or welded wire. Dirt or wood may be placed over the flooring. (J) Order Rodentia -Muskrats, Porcupine, Squirrel, Beaver, Prairie Dog All require tooth-resistant restraining materials and bone, wood or fibrous food to gnaw on. 1. Porcupine a. New World porcupines require climbing perches. b. A box shelter for seclusion is required. 2. Squirrel and Chipmunk a. Arboreal forms require climbing perches. b. Nest boxes are required for each animal. c. The cage shall be completely enclosed with a welded wire and have a concrete floor. d. The floor shall be covered with natural substrate, wood shavings or similar material. 3. Muskrat and Beaver a. A pool of fresh water with easy entry and exit shall be provided. Half of the required floor space shall be a pool of water 2-1/2 feet deep. b. A nest box or retreat shall be provided for each animal. c. The walls of the cages for beaver shall be constructed of 9 gauge chain link or welded wire or equivalent construction; 11 gauge for muskrats. d. The floor of the cages shall be constructed of 4-inch concrete or non-rusting 9 gauge chain link or welded steel wire. Such floors are not required if the side walls are anchored to equivalent materials which have been buried deep enough underground to prevent the animal's escape by digging. e. Not more than 2 compatible adults of the same species and their offspring of the year may be held in the same enclosure. 4. Prairie Dog a. The floor of a pen shall be constructed of 4-inch concrete, or 16 gauge, non-rusting woven wire or similar non-rusting material with mesh 1-inch in diameter. At least 1/4-inch diameter reinforcement rods shall be used along the outer edge of a concrete floor to help support concrete or concrete block walls. To facilitate drainage, 6-inch floor drains shall be installed in a concrete floor at the rate of one per 16 square feet. Floor drains shall be covered with 9 gauge non-rusting woven wire or similar material to prevent animals from escaping. Floor drains are not required when wire is used for entire floor. The floor shall be a minimum of 3 feet below ground level and covered with permeable soil or other mixture to ensure adequate drainage. b. The walls of the pen below ground level shall be anchored to the floor and shall be of 4 inch concrete or concrete blocks or 9 gauge non-rusting woven wire or similar material with 1-inch mesh attached to the framework of steel or cedar posts. Above ground level the wall shall be of 18 gauge fur-farm netting with 1-inch mesh, 4-inch concrete or concrete blocks or similar material. The top shall be covered or the walls shall be at least 3-1/2 feet high and provide a non-climbable escape-proof barrier. 5. Acushi, Agouti, Paca and Capybara a. Gnawing logs shall be provided. b. A pool shall be provided for capybara. c. Walls or fencing shall be anchored far enough below ground level to prevent escape by digging. Dirt substrate or similar natural material shall be provided. (K) Order Carnivora -Raccoon, Weasel, Skunk, Mongoose, Wolf, Lion, Bear, etc. 1. Procyonidae -Raccoon, Coatimundi and Kinkajou a. Limbs shall be required. b. A nest box or sheltered retreat shall be provided. c. The floor of the pen shall be constructed of 4-inch concrete, wood, or natural substrate over concrete or 9 gauge non-rusting chain link or similar material, or the walls shall be buried deep enough to prevent escape by digging. d. The walls of the pen shall be constructed of 11 gauge chain link or equivalent, 4-inch concrete or concrete block. If no top is provided, the walls shall be of sufficient height and shall be constructed in a manner which makes them non-climbable to prevent escape. 2. Mustelidae a. Weasel, Ferret, Mink, Marten, Tayra, Grison, and Skunk (i) Limbs shall be required (except skunk). (ii) A nest box shall be provided for each animal, except neutered European ferrets may have a large communal nest box. (iii) The floor of the cage shall be constructed of one inch square or one inch by two inch mesh, 4-inch concrete, wood, 11 gauge non-rusting chain link or equivalent material with a covering of dirt or similar natural substrate. b. Wolverine and Badger (i) A natural or artificial den area shall be provided for each animal. (ii) The floor of the cage shall be constructed of two inch by six inch wood or 4-inch concrete or non-rusting 9 gauge chain link or welded wire covered with 3 feet of permeable soil. Six-inch floor drains shall be installed in the concrete floor at the rate of one per 16 square feet. Floor drains shall be covered with 9 gauge non-rusting woven wire or similar material to prevent animals from escaping. (iii) Walls of the cage shall be constructed of 9 gauge chain link or welded steel wire, 4-inch concrete, or concrete block. If no top is provided, walls shall be of sufficient height and shall be constructed in a manner which makes them non-climbable to prevent escape. c. River Otter. (Sea otters shall be housed according to 9 CFR Sections 3.100-3.118.) (i) A den area shall be provided for each animal. (ii) A pool with fresh running water covering at least 1/2 of the required floor space and at least 2-1/2 feet deep shall be provided. (iii) The floor of the cage shall be constructed of 4 inch concrete or dirt over such concrete or 9 gauge chain link or welded steel wire or the side walls shall be anchored to equal materials deep enough underground to prevent escape by digging. If concrete floor is used, 6 inch floor drains shall be used and they shall be covered with 9 gauge non-rusting woven wire or similar material to prevent animals from escaping. (iv) The walls of the cage shall be constructed of 11 gauge chain link or welded steel fabric or equivalent construction. 3. Viverridae -Genet, Civet and Mongoose, Binturong a. Limbs shall be provided. b. A nest box or platform is required. A heat source shall be provided for genet, civet and mongoose. c. The floor of the cage shall be constructed of 4-inch concrete or for civets and binturongs, it may be 11 gauge non- rusting welded steel fabric with 2-inch mesh and the cage for genets and mongooses shall be of 16 gauge welded steel fabric with 3/4-inch mesh which is covered with soil. d. The walls of the cage for civets and binturongs shall be of 11 gauge welded steel fabric with 2-inch mesh and the cage for genets and mongooses shall be of 16 gauge welded steel fabric with 3/4-inch mesh, 4-inch concrete or concrete block. 4. Hyaenidae -Hyena a. The floor of the cage shall be constructed of 4-inch concrete, or 2 by 6 inch or larger wood flooring or buried non-rusting 9 gauge chain link or welded wire with mesh no larger than 2 inches by 4 inches. b. The walls of the cage shall be constructed of 9 gauge chain link or welded wire with mesh no larger than 2 inches by 4 inches, or 6-inch concrete or concrete block. If an animal is kept in a large enclosure in lieu of a cage, the floor shall be of natural substrate and the walls shall be anchored and extend at least 5 feet underground. If no top is provided, the walls shall be at least 10 feet high and constructed to be non-climbable by the animal or the walls shall be 8 feet high and shall have, in addition, a 2-foot overhang angling 45 degrees inward at the top. c. A sheltered retreat and either a den or elevated wood platform shall be provided. 5. Canidae -Wolf, Coyote, Fox and Other Members of the Dog Family a. Limbs shall be provided for gray and red foxes. b. The floor of the cage shall be either natural substrate or constructed of two inch by six inch wood or 4-inch concrete or buried non-rusting 9 gauge chain link or welded wire. In lieu of the above, either the walls shall be buried at least 8 feet deep to prevent escape by digging, or a buried 3-foot wide concrete, chain link, or welded wire apron shall be provided which shall be attached to the inside of the bottom of the perimeter walls to prevent escape by digging at the walls. All buried chain link or welded wire shall meet the gauge requirements for walls. c. The walls of the cage shall be constructed of 6-inch concrete or concrete block, chain link or welded wire. If chain link is used, it shall be 9 gauge for wolves and 11 gauge for other canids. If an animal is kept in a large enclosure in lieu of a cage, the floor shall be of natural substrate and the walls of the cage shall be anchored and extend at least 5 feet underground or a buried 3-foot wide concrete, chain link or welded wire apron shall be provided which shall be attached to the inside of the bottom of the perimeter walls to prevent escape by digging at the walls. If no top is provided, the walls shall be at least 10 feet high and constructed to be non-climbable by the animal or the walls shall be 6 feet high (except that the walls for the gray fox shall be 8 feet high) and shall have, in addition, a 2-foot overhang angling 45 degrees inward at the top. d. A sheltered retreat and either a den or elevated wood platform shall be provided. 6. Felidae -Cat Family a. Dens shall be provided and shall be adequate in size to provide privacy and comfort for all animals in the enclosure. b. An elevated wooden loafing platform or an elevated dry natural substrate loafing area, adequate in size for all animals within the enclosure, shall be provided. The top of the den or den box may be designed to meet this requirement. c. A tree limb or other suitable scratch block shall be provided. d. The floor of the cage shall be natural substrate or constructed of wood or 4 inches of concrete or welded wire or the walls shall be buried deep enough to prevent escape by digging. All buried chain link or welded wire shall be non-rusting and shall meet the gauge requirements for walls. e. Group I -Lion, Tiger, Cheetah, Snow Leopard, and Hybrids Thereof: (i) A minimum of 100 square feet shall be of concrete or wood planking as a sanitary area for feeding unless a secured food receptacle which is cleaned daily is provided. (ii) Walls and top of the enclosure shall be constructed of at least 9 gauge chain link. The framework for the walls and top shall be constructed of 1-5/8 inch schedule 40 steel pipe. Vertical posts shall be bolted to or anchored in concrete 1-1/2 feet deep by 10 inches in diameter spaced no more than 10 feet apart. Horizontal pipe supports shall be spaced no more than 4 feet apart and welded at the ends to the vertical posts. The above chain link fencing shall be secured to the vertical and horizontal framing on all sides using tension bars which shall be welded or bolted to the framework every 18 inches. Welded wire shall be welded to the framework every 12 inches on all sides. The bottom horizontal cross bar shall be no more than 3 inches above the concrete floor. If a bottom horizontal cross bar is not used, the walls shall be secured against the natural substrate or a wooden flooring in a manner which precludes escape. Corner posts shall be two 1-5/8-inch schedule 40 steel posts or one 2- 3/8-inch schedule 40 steel post. The top cross members shall be spaced no more than 5 feet apart. f. Group II -Black and Spotted Leopard, Jaguar, Clouded Leopard, Mountain Lion, European Lynx and Hybrids Thereof: (i) At least 70 square feet of the floor space must be of concrete or wood planking as a sanitary area for feeding unless a secured food receptacle which is cleaned daily is provided. (ii) Walls and tops shall be the same as for Group I cats. g. Group III -Caracal, Bobcat, Canada Lynx, Golden Cat, Ocelot, Serval, Jungle Cat, Fishing Cat and Hybrids Thereof: (i) At least 25 square feet of floor space shall be concrete or wood planking as a sanitary area for feeding, unless a secured food receptacle which is cleaned daily is provided. (ii) Walls and top of the enclosure shall be constructed of at least 12 gauge chain link or equivalent. Corner posts shall be either one 2-3/8-inch schedule 40 steel pipe or two 1-5/8-inch schedule 40 steel pipes and anchored as provided for Group I cats. h. Group IV -Margay, Leopard Cat, Pallas Cat, Marble Cat, Geoffroy's Cat, African Wild Cat, European Wild Cat, Jaguarundi, Little Spotted Cat, African Black Footed Cat, Sand Cat, Flatheaded Cat, Pampas Cat and Hybrids Thereof: (i) At least 20 square feet of floor space shall be concrete or wood planking as a sanitary area for feeding, unless a secured food receptacle which is cleaned daily is provided. (ii) Wall and top of the enclosure shall be constructed of at least 12 gauge chain link or equivalent. Corner posts shall be either one 2-3/8-inch schedule 40 steel pipe or two 1-5/8-inch schedule 40 steel pipes and anchored as provided for Group I cats. 7. Ursidae-Bear Family Bears shall be classified into 3 groups: Group I= Sun Bears, Asiatic Black bears, Sloth bears and Spectacled bears; Group II= American Black bears and European brown bears; and Group III= Polar bears and Brown bears. (i) Floors of the enclosure shall be constructed of reinforced concrete 4 inches thick or they shall be of natural substrate or wood with the walls secured to a concrete footing deep enough below grade to preclude escape by digging (at least 5 feet for Group III). (ii) Vertical corner posts shall be made of either one 2-3/8- inch schedule 40 steel pipe or two 1-5/8-inch schedule 40 steel pipe. Other vertical, horizontal, and top cross member supports shall be made of 1-5/8-inch schedule 40 steel pipe for Group I and 1-7/8-inch schedule 40 steel pipe for Groups II and III. All horizontal pipe supports shall be spaced no more than 5 feet apart for any group. The bottom horizontal pipe shall be no more than 3 inches above the concrete floor. (iii) The framework for the walls and top of the cage shall be constructed of materials that are equal or greater in strength than the corner posts with all upright members set 2-1/2 feet in concrete and spaced no more than 10 feet apart for Group I and II or 5 feet apart for Group III. The cross members (stringers) forming the framework for the top shall be spaced no more than 5 feet apart for any group. Iron pipe shall be standard grade for Groups I and II and structural strength grade for Group III. (iv) For groups I and II the walls of the cage shall be constructed of 9 gauge chain link or welded wire with mesh no greater than 2 inches in diameter. For Group III bears the walls of the cage shall be constructed of 5 gauge chain link or welded wire. Welded wire shall be welded to the framework every 4 inches. Chain link fencing shall be secured along all edges to the framework using tension bars which shall be bolted to the framework every foot. The walls of the cage for groups I, II and III bears may also be constructed of vertical steel bars or rods of 5/8-inch diameter, spaced on 4-inch centers, and welded at the ends to 1-1/4 inch x 1/4-inch angle iron. The horizontal angle iron supports shall be welded to the vertical posts. The bottom horizontal support shall be no more than 3 inches above the concrete floor and each horizontal support shall be spaced no more than 4 feet apart between floor and top. (v) The top of the cage shall be constructed of material equal to the wall requirements for the particular group of bears enclosed. Shade shall be provided by covering 1/4 to 1/2 of the top with exterior grade plywood, fiberglass, or similar material. (vi) A concrete or concrete block den at least 4 feet high by 4 feet wide by 6 feet long or an equivalent shall be provided for each animal; or one den at least 4 feet high by 6 feet wide by 8 feet long for 2 animals or for a female and her offspring of the year. The top of the den shall be constructed of concrete which may be covered on top with wood for laying. A den shall be provided with shavings, straw, or a wooden platform or flooring for reclining. The den shall be provided with adequate ventilation to prevent condensation of moisture. The den box may be of wood if the den is completely within the cage. (vii) A bear shall be provided with a suitable scratching post. (viii) A pool deep enough for complete immersion shall be required for polar bears and the pool surface area shall be in addition to the minimum cage size requirement. (L) Order Tubulidentata-Aardvarks 1. The floor of the cage shall be dirt. The walls of the cage shall be constructed of 9 gauge non-rusting welded wire or concrete which has been buried to a depth of at least 5 feet to prevent escape by digging. (M) Order Proboscidea-Elephant 1. A heated barn shall be provided in any geographical area where the ambient air temperature drops below 40 degrees Fahrenheit. The floor of the barn shall be constructed of at least 6 inches of reinforced concrete. All lights and other such objects and obstacles in the barn shall be kept outside the reach of the elephant. 2. Elephants shall be provided free exercise unchained on dirt for a minimum of 5 hours per each 24-hour period. 3. An enclosure constructed of 6-inch reinforced concrete, 2- inch diameter steel bars or 4-inch diameter schedule 40 galvanized steel pipe shall be provided. No roof is required. 4. Chaining requirements: a. Chains shall be secured to a concrete floor, concrete "dead man," or other immovable anchor. b. A covered chaining area shall be provided. c. An elephant may be chained by only one rear leg and the opposite front leg and in such a manner as to restrict movement but still allow the animal to easily lay down and rise again. Chains shall be rotated to the other 2 legs daily. d. Elephants chained for any extended period shall have their leg chains padded and shall be checked regularly to insure they are secure and to detect any injury to the leg. e. Snaps and clips may be used only within a primary enclosure. A clevis or stronger type chain attachment shall be used outside the primary enclosure. 5. Either a pool shall be provided or the elephant shall be washed with water daily, as weather or temperature permit. (N) Order Hyracoidea -Hyrax 1. Limbs shall be provided for arboreal species. 2. Nest box or sheltered retreat shall be provided. 3. The floor of the cage shall be constructed of 4 inch concrete which shall be covered with dirt or natural substrate. 4. The walls of the cage shall be constructed of 1/2 inch by 1 inch mesh welded wire. (O) Order Sirenia -Dugongs and Manatees -These animals shall be maintained in a manner that complies with 50 CFR, Part 18, Section 18.13(c). (P) Order Perissodactyla -Tapirs, Rhinoceroses, etc. 1. The floor of the pen shall be dirt or natural substrate. 2. The walls of the pen for tapirs shall be constructed of 9 gauge chain link, or equivalent material. The walls of the enclosure for rhinoceroses shall be constructed of 6-inch reinforced concrete, 2 inch diameter steel bars, or 6- inch heavy duty galvanized steep pipe. (Q) Order Artiodactyla -Wild Pigs, Hippopotami, Deer, Giraffes, Wild Cattle, Antelope, etc. 1. Wild Pigs and Peccaries a. A shelter with a roof and three walls shall be provided. b. The floor of the pen shall be dirt or natural substrate. c. The animals shall be precluded from escape by digging. 2. Hippopotami a. A heated barn shall be provided in any geographical area where the ambient air temperature drops below 40 degrees Fahrenheit. b. A pool shall be provided for the Nile hippopotamus which shall have surface area of at least 300 square feet and a 35-degree nonskid ramp. The pool shall be not less than 5 feet deep. For each additional animal there shall be a 25% increase in the required pool area. c. A pool shall be provided for the pygmy hippopotamus which shall have a surface area of at least 100 square feet with a 35-degree nonskid ramp. The pool shall be not less than 3 feet deep. For each additional animal there shall be a 25% increase in the required pool area. d. The walls of the corral or paddock enclosure shall be constructed of 5-inch reinforced concrete or 5-inch structural grade schedule 40 galvanized steel pipe. 3. Deer, Elk, Giraffes, Wild Cattle, Antelope, and Wild Goats and Sheep. a. The floor of the pen shall be dirt or other natural substrate. b. All animals shall be provided with a shelter which has a roof and three walls. Shelters for giraffes shall provide at least 140 square feet of floor space for each giraffe. A heat source shall be provided for giraffes. c. Fences for giraffe, elk and wild cattle shall be constructed of 9 gauge woven wire or chain link with mesh not more than 6 inches in diameter or equivalent. Posts shall be of structural grade schedule 40 quality steel pipe or structurally sound 4 x 4 wood, spaced not more than 12 feet apart. A 6-foot vertical fence, with or without overhang, shall be required; a 7- foot vertical fence is required for elk. d. Fences for deer, antelope and wild goats and sheep shall be constructed of 11 gauge woven wire with mesh not more than 6 inches in diameter or equivalent. Posts shall be of structurally sound 4x4 wood or equivalent, spaced not more than 12 feet apart. A 7-foot vertical fence is required for elk, red deer, bison, buffalo, impala, eland, antelope, goats and sheep; a 6-foot vertical fence is required for white-tailed deer, fallow deer, auodad and sika deer. (3) Class Amphibia -Frogs, Toads, Salamanders (A) General Requirements: 1. The animal's enclosure shall be kept within a closed and locked room or building which has covers over all drains and openings to prevent escape of the amphibians from the building. All doors shall be equipped with sweeps. Containers or exhibits shall be labeled with the identification of current species and the number of animals contained inside. 2. The rock or aquarium substrate shall be non-abrasive and shall be kept clean. 3. Any transfer containers shall have locked tops and shall be constructed in a manner which shall prevent the likelihood of escape. (B) Family Bufonidae 1. One ten-gallon standard commercial aquarium shall be provided for one animal and an additional three-fourths of a square foot (equivalent to one 5 gallon aquarium) shall be provided for each additional animal. 2. At least one-third of the bottom of the aquarium shall be covered with water and two-thirds shall be dry. 3. Animals shall be kept at a temperature of between 60-80 degrees Fahrenheit. (C) Family Pipidae 1. One 10 gallon standard commercial aquarium shall be provided for one animal. The minimum floor space requirement shall be increased by 50 percent for each additional animal. Water at a minimum depth of 1 foot shall cover at least the minimum floor space requirement for the number of animals confined. 2. Animals shall be confined at a temperature of between 60-80 degrees Fahrenheit. (4) Class Reptilia (A) Order Crocodilia -Alligators, Caimans, Crocodiles, Gavials 1. The minimum cage length and width dimensions for one animal shall be equal to one and one-half times the length of the animal by one and one-half times the length of the animal. This space requirement shall be doubled for two animals and shall be increased by a factor of two-thirds for each additional animal thereafter. 2. One-third of the minimum cage space shall be water that is deep enough for the animal to immerse itself. If more than one animal is present in the pen, the pool shall be of sufficient size that all animals can immerse themselves simultaneously. Pool surfaces shall be made of non-abrasive material and the pool shall have a drain. 3. That portion of the pen not occupied by the pool shall be covered with non-abrasive material such as dirt or grass. 4. Crocodilians, except alligators and caimans less than 4 feet in length, shall be kept in a totally enclosed building or exhibit. Animals shall be confined in a manner which precludes their coming in contact with the public. The walls of an open pen for other crocodilians shall be equivalent to at least one foot in height for every one foot in length of the largest animal up to a maximum of 6 feet high. If any of the walls are made of a climbable material such as fencing, the top 1-1/2 feet of the wall shall be constructed of a slippery, nonclimbable material for all crocodilians except alligators. The walls for all species shall be buried deep enough to prevent escape by digging, or a buried apron shall be used. The walls of an open alligator pen shall be at least 4 feet high, and the corners shall be covered to prevent climbing. The upper one-half of the walls of the enclosure shall be constructed of either concrete or concrete block or 9 gauge chain link or welded wire with no greater than 2-inch x 4-inch size mesh. Concrete or concrete block shall be used for the bottom half of the enclosure. All chain link or welded wire edges shall be smoothly secured in a manner which will prevent injury to the animals. 5. Alligators may be kept outdoors if: a. An external heat source is provided, and the pool temperature is maintained above freezing; b. The pool is at least three feet deep; and c. The nighttime temperature does not fall below freezing for more than 2 consecutive nights. 6. Crocodilians other than alligators may be confined outdoors between sunrise and sunset if: a. The air temperature is above 65 degrees Fahrenheit. 7. Crocodilians other than alligators shall not be confined outdoors between sunset and sunrise. (B) Family Chelydridae -Snapping turtles 1. The container or exhibit shall be labeled with the common and scientific name of the species and the subspecies, if known, and the number of animals contained inside. 2. Each turtle shall be provided with a minimum floor space that is equal to five times the size of the animal. 3. At least one-half of the minimum floor space shall be water which is deep enough to immerse the turtle. (C) Snakes -Families Elapidae, Viperidae, Colubridae and Crotalidae 1. The container or exhibit for venomous snakes shall be labeled with the common and scientific name of the species and the subspecies, if known, and the number of animals contained inside. The label shall be legibly marked with the warning "Poisonous" or "Venomous." 2. The perimeter of the enclosure for snakes less than 6 feet shall be 1-1/2 times the length of the snake. The perimeter of the enclosure for snakes over 6 feet shall be twice the length of the snake. 3. All venomous snakes shall be kept in a locked exhibit or container which shall be located within a locked building, compound or enclosure. 4. The floor of the enclosure shall be constructed of non-abrasive material and hiding areas shall be provided. 5. At least two fully trained people shall be present when an occupied enclosure is opened or when one of these snakes is handled. The names of the trained handlers shall be listed with the department's Wildlife Protection Division in Sacramento. 6. Written animal escape "emergency procedures" shall be clearly and conspicuously posted in the building housing these snakes and shall be supplied to the department at the time the permit application is initially submitted. 7. A notice shall be clearly and conspicuously posted on the premises which shall provide the location of the nearest most readily available source of appropriate antivenin and a written plan from a hospital stating how a venomous bite should be treated. Each enclosure shall be clearly and conspicuously labeled with the appropriate antivenin to be used for the species in the cage. 8. If a snake is transported or removed from its primary enclosure for feeding or in order to clean the enclosure, the snake shall be kept in a fully enclosed container with a secure and locked lid which has air holes or other means of ventilation. 9. Snake hooks shall be present for caring for these snakes. 10. The permittee shall telephonically notify the department of any snake bite on humans or escapes of any snakes within 24 hours and shall provide a written report of the incident to the department's Wildlife Protection Division in Sacramento within one week. (5) All other Classes, Orders, Families, Genera and species for which specific caging and/or enclosure requirements have not been provided in sections (b)(1)- (4) above shall be humanely confined in a manner which precludes escape. (c) Incorporation by reference of the Federal Animal Welfare Regulations and Federal "Guide for the Care and Use of Laboratory Animals." Except as otherwise provided in subsections (a) and (b) above, permittees shall follow the requirements of the Federal Animal Welfare Regulations contained in 9 Code of Federal Regulations (CFR), Sections 2.33; 2.40; 3.75-3.85; 3.101(a)(3); and 3.136-3.142, as amended from time to time, as the United States Department of Agriculture adopts regulations pursuant to the Laboratory Animal Welfare Act and its Amendments as found at 7 United States Code (USC), Sections 2131-2157. The Commission hereby incorporates by reference the cited Federal Animal Welfare Regulations and the "Guide for the Care and Use of Laboratory Animals," (NIH Publication No. 86-23, Revised 1985) as if they were set out in full. (d) Variances to Minimum Caging and Enclosure Requirements. (1) The general requirements set forth in subsections (a) and (b) above are minimum standards for permanent facilities. Any deviation from these specifications because of the age of the animal being housed, the use of an unusual facility design, such as moats, islands, outdoor natural habitat enclosures, pits or barriers shall be subject to the approval of the inspecting officer with concurrence of the director. In granting any variance of the minimum caging and enclosure requirements, the inspecting officer and the director shall make a finding that the overall welfare of the animal(s) involved has been maintained. (2) Those cat cages which substantially conform to the provisions of Section 671.3(b)(2)(K)6 on or before August 3, 1989, shall be "grandfathered in." Existing cages, except currently approved cat cages, will be given three calendar years or until February 25, 1995 to comply with the new caging requirement set forth herein. The department may approve nonstandard cages on a case by case basis, if they substantially conform to the spatial requirements. The Regional Manager shall make a recommendation to the Chief of Patrol who will make the department's final decision. The department's final decision may be appealed to the commission. (3) These minimum facility and caging standards do not apply to wildlife temporarily maintained pursuant to Section 251.5(f) as provided by Fish and Game Code Section 3005.5. (e) Care of Laboratory Animals. With the approval of the department, prohibited wild animals used for research purposes may be confined and cared for pursuant to the provisions of the "Guide for the Care and Use of Laboratory Animals" adopted by the U.S. Department of Health and Human Services (NIH Publication No. 86-23, Revised 1985). (f) Regulations Manual. The facility and caging requirements specific to animals that may be lawfully possessed are provided in the DEPARTMENT OF FISH AND GAME MANUAL 671 (2/25/92)-IMPORTATION, TRANSPORTATION AND POSSESSION OF WILD ANIMALS, which is incorporated by reference herein. Copies are available from the department's Wildlife Protection Division, 1416 Ninth Street, Box 944209, Sacramento, CA 94244-2090. Facility and caging regulations of subsection 671.3(b) contained in DEPARTMENT OF FISH AND GAME MANUAL 671 (2/25/92) are hereby adopted and made part of this Title 14 and are thus incorporated by reference. Note: Authority cited: 1002, 2116, 2116.5, 2118, 2120, 2122, 3005.9 and 3005.92 Fish and Game Code. Reference: 1102, 2116-2118, 2118.2, 2118.4, 2119-2155, 2185-2190, 3005.9 and 3005.92, Fish and Game Code. s 671.4. Transportation Standards for Exhibition of Live Restricted Animals. (a) Responsibility of Permittee. Permittees shall provide a copy of these regulations to any carrier or intermediate handler transporting wild animals. Permittees shall not transport or possess wild animals within the state for periods exceeding their exhibiting itinerary unless they provide facilities which meet the caging standards of Section 671.3 for each animal listed on their permit. (b) Requirements for Carriers and Intermediate Handlers. (Also see subsections (d) and (f) of this Section regarding holding and food and water requirements.) (1) Carriers and intermediate handlers shall not accept any animal presented by any person for shipment more than four hours prior to the scheduled departure of the primary conveyance on which it is to be transported. (2) Carriers or intermediate handlers shall accept wild animals for transportation only if the transport cages are constructed in accordance with the provisions of subsection 671.4 (e)(1) below. (3) Carriers or intermediate handlers whose facilities fail to meet the minimum temperature allowed by these regulations may not accept for transportation any live animal consigned by any person unless the consignor furnishes to the carrier or intermediate handler a certificate executed by a licensed veterinarian on a date which shall not be more than 10 days prior to delivery of such animal for transportation, stating that such live animal is acclimated to air temperatures lower than 7.2<>o C. (45<>o F.). A copy of such certificate shall accompany the shipment to its destination. The certificate shall include at least the following information: Name and address of the consignor; the number of animals in the shipment; a certifying statement (e.g., "I hereby certify that the animal(s) in this shipment is (are), to the best of my knowledge, acclimated to air temperatures lower than 7.2<>o C (45<>o F)"; and the signature of the accredited veterinarian, assigned accreditation number, and date. (4) Carriers and handlers shall not commingle animal shipments with inanimate cargo. All animal holding areas of any carrier, handler, or any mode of conveyance shall be cleaned and sanitized often enough to prevent an accumulation of debris or excreta, to minimize vermin infestation and to prevent a disease hazard. An effective program shall be provided and maintained by the owner or operator of the holding facility for the control of insects, ectoparasites, and avian and mammalian pests for all animal holding areas. All animal-holding areas containing live animals shall be provided with fresh air by means of windows, doors, vents or an air conditioning system to minimize odors and moisture condensation. Auxiliary ventilation, such as exhaust fans and vents or fans or blowers or air conditioning shall be used for any animal-holding area containing live animals when the air temperature within such animal-holding area is not compatible with the health and comfort of the animal. The temperature shall be regulated to protect the animals from temperature extremes. Animals shall not be placed in a direct draft. (5) Carriers and intermediate handlers shall attempt to notify the consignee at least once every two hours following the arrival of any live animals at the animal holding area of the terminal cargo facility. The time, date and method of each attempted notification and the final notification to the consignee and the name of the person notifying the consignee shall be recorded on the copy of the shipping document retained by the carrier or intermediate handler and on a copy of the shipping document accompanying the animal shipment. (c) Conveyances (motor vehicle, rail, air, and marine). (1) The cargo space of any conveyance used to transport live animals shall be designed and constructed to protect the health, and ensure the safety and comfort of the live animals contained therein at all times. (2) The animal space shall be constructed and maintained to prevent the ingress of direct engine exhaust fumes and gases from the conveyance. (3) No live animal shall be placed in any cargo space that does not have sufficient air for normal breathing for each animal contained therein, and the transport cages shall be positioned in the animal cargo space so that each animal has sufficient air for normal breathing. (4) Transport cages shall be positioned in the conveyance so that the animals can be quickly removed in an emergency. (5) The interior of the animal cargo space shall be kept clean and sanitary. (6) Live animals shall not be transported with any material, substance, (e.g., dry ice) or device which may be injurious to their health and well-being unless proper precaution is taken to prevent such injury. (d) Handling Provisions. (1) Carriers and handlers shall move live animals from animal holding areas to conveyances and from the conveyances to animal holding areas as expeditiously as possible. Carriers and handlers holding live animals in an animal holding area or transporting live animals from the animal holding area to the primary conveyance and from the primary conveyance to the animal holding area, including loading and unloading procedures, shall provide the following: (A) Shelter from sunlight. Shade shall be provided to protect the animals from the direct rays of the sun. Animals shall not be subjected to surrounding air temperatures which exceed 29.5<>o C. (85<>o F.). The temperature shall be taken outside of the primary enclosure at a distance not to exceed 3 feet from any one of the external walls and on a level parallel to the bottom of the enclosure at a point which approximates half the distance between top and bottom of the enclosure. (B) Shelter from rain or snow. Protection shall be provided so animals remain dry during rain or snow. (C) Shelter from cold weather. Transport cages shall be covered to provide protection for animals when the air temperature falls below 10<>o C. (50<>o F.) and animals shall not be subjected to surrounding air temperatures which fall below 7.2<>o C. (45<>o F.). The temperature shall be taken at a distance not to exceed 3 feet from any one of the external walls of the transport cage unless such animals are accompanied by a veterinarian's certificate of acclimation to temperatures lower than 7.2<< super>>o C. (45<>o F.). (2) The transport cage shall not be handled in a manner that may cause physical or emotional trauma to the animal contained therein. Transport cages with animals inside shall not be tossed, dropped, or needlessly tilted and shall not be stacked in a manner which may reasonably be expected to result in their falling. (e) Transport Caging Provisions. No person shall offer for transportation any live animal in a cage which does not conform to the following requirements: (1) Cages used to transport live animals shall be constructed in such a manner that: (A) the structural strength of the cage shall be sufficient to contain the animal and to withstand the normal rigors of transportation; (B) the interior of the cage shall be free from any protrusions that could injure the animal contained therein; (C) the openings of such cages shall be easily accessible at all times for emergency removal of live animals; (D) when a primary enclosure is permanently affixed within the animal cargo space of the primary conveyance so that the front opening is the only source of ventilation for such primary enclosure, the front opening shall open directly to the outside or to an unobstructed aisle or passageway within the primary conveyance. Such front ventilation opening shall be at least 90% of the total surface area of the front wall of the primary enclosure and covered with bars, wire mesh or smooth expanded metal. If there are ventilation openings located on two opposite walls of the primary enclosure, the ventilation openings on each wall shall be at least 16 percent of the total surface area of each such wall; or, if there are ventilation openings located on all four walls of the primary enclosure, the ventilation openings on each such wall shall be at least 8 percent of the surface area of each such wall. At least one-third of the total minimum area required for ventilation of the primary enclosure shall be located on the lower one-half of the primary enclosure and at least one-third of the total minimum area required for ventilation of the primary enclosure shall be located on the upper one-half of the primary enclosure. Projecting rims or other devices shall be placed on the exterior of the outside walls to prevent obstruction of ventilation openings and to provide a minimum air circulation space of 1.9 centimeters (.75 inch) between the primary enclosure and any adjacent cargo or conveyance wall; and (E) adequate handholds or other devices for lifting shall be provided on the exterior of the cage to enable lifting of the enclosure without tilting and to ensure that the person handling the cage will not be in contact with the animal. (2) Animals transported in the same cage shall be of the same species and maintained in compatible groups. Animals that have not reached puberty shall not be transported in the same cage with adult animals other than their dams. Socially dependent animals (e.g., sibling, dam, and other members of a family group) shall be allowed visual and olfactory contact. Any female animal in season (estrus) shall not be transported in the same cage with any male animal. (3) Transport cages shall be as set forth below. In the event, however, the provisions of 9 CFR, Sections 3.85-3.91, Sections 3.112-3.118 and Sections 3.136-3.142 are met, the requirements of this subsection shall be deemed satisfied. (A) All Animals Except Primates Traveling for Performances or Exhibition. Minimum length: cages shall be at least 1-1/4 times the body length of quadruped (four-legged) animals, excluding the tail, or long enough for other animal species to lie down and get up normally. Minimum height: cages shall be at least the full height of the animal plus 2 inches (antlers included in body height). Minimum width: except for hoofstock, cages shall be at least 1-1/2 times the body width of the animal. For hoofstock, the width of the cages shall be consistent to the needs of the animal to ensure its safe delivery. (B) Primates Traveling for Performance and Exhibition. Minimum length: cages shall be at least equal to the length of the animal as measured from the buttocks to the top of the head. Minimum height: cages shall be at least 1-1/2 times the height of the primate when it is in its natural posture. Minimum width: cages shall be at least equal to the length of the animal as measured from the buttocks to the top of the head. The cage shall be large enough to allow the animal to lie down. Notwithstanding the minimum requirements above, cages for adult chimpanzees and orangutans shall be at least 4 ' long ( L) x 4 ' wide (W) x 4 ' high (H) with one shelf or perch. When not traveling, an exercise cage of at least 6 ' (L) x 4 ' (W) x 6 ' (H) shall be provided for a minimum of four hours per day. For adult small monkeys and baboons, cages shall be at least 3 ' (L) x 3 ' (W) x 4 ' (H). When not traveling, an exercise cage of at least 4 ' (L) x 4 ' (W) x 6 ' (H) shall be provided for a minimum of four hours per day. Primates less than one year of age shall be transported in a cage of such size and construction which ensures its safe delivery. (C) Immediately upon arrival at a destination, animals traveling for performances or exhibition shall be placed in a space equal to 1/3 the minimum permanent space required for that species. Notwithstanding the foregoing, animals which are regularly exercised by exhibitors shall be permitted to remain in their transportation cages provided the permittee's veterinarian certifies that such cages provide sufficient space for the animal once it has arrived at a destination. The department shall bring to the immediate attention of the commission any circumstances where in the opinion of the department's officer, proper care is not being provided. Animals not used in performances or exercised regularly shall be placed in a space equal to 1/2 the minimum permanent space required for that species. Elephants accompanied by an attendant may be staked out in a roped off area which excludes the public. (4) Transport cages shall have solid bottoms to prevent leakage in shipment and shall be cleaned and disinfected pursuant to subsections 671.2(a)(4) and (5). Transport cages shall contain clean litter of a suitable absorbent material, which is safe and nontoxic to the animals, in sufficient quantity to absorb and cover excrement. (5) Transport cages consigned to carriers and intermediate handlers shall be clearly marked on top and on all sides with the words "Live Wild Animal" in letters not less than 1 inch in height, and with arrows or other markings to indicate the correct upright position of the container. (6) Documents accompanying the shipment consigned to carriers and intermediate handlers shall be attached in an accessible location on the outside of one transport cage. (f) Care in Transit. (1) To minimize the distress to animals during surface transportation, the driver shall visually inspect the animals at least once every 4 hours to assure that the animals are not in obvious physical distress and to provide for any needed veterinary care as soon as possible. When transported by air, animals shall be observed if the cargo space is accessible during flight. If the cargo space is not accessible during flight, the carrier shall visually observe the animals whenever the cargo space is accessible to assure that all applicable standards are being complied with and to determine whether any of the live animals are in obvious physical distress. (2) Animals shall not be taken from their cage except under extreme emergency. (3) Food and water requirements while in transit. (A) All live animals shall be offered potable water within 4 hours prior to being transported. Any person who transports live animals shall provide potable water to all animals being transported at least every 12 hours after such transportation is initiated except as directed by a veterinarian or in the case of hibernation. Animals requiring more water shall be treated appropriately. (B) Each animal shall be fed at least once in each 24-hour period, except as directed by a veterinarian. Predators are to be separated when feeding. Animals requiring more food shall be treated appropriately. (C) Any person who offers animals to any carrier or intermediate handler for transportation shall comply with the provisions of subsection 671.1(a)(4) and shall affix to the outside of the transportation cage written instructions pursuant to subsections 671.4(f)(3)(A) and (B) concerning the food and water requirements of each animal. (D) No carrier or intermediate handler shall accept any live animals for transportation unless written instructions concerning the food and water requirements of each animal are affixed to the outside of the cage. Note: Authority cited: Sections 2116.5 and 2120, Fish and Game Code. Reference: Sections 2116.5, 2120, 2150 and 2150.3, Fish and Game Code. s 671.5. Disposition of Violations Related to Possession of Wild Animals. Any live wild animals brought into this state or transported or possessed within this state in violation of the provisions of the Fish and Game Code or regulations adopted pursuant thereto may, upon written notice from the enforcing officer inspecting them or discovering the violation, be shipped out of the state, returned to point of origin or destroyed, within the time specified in said notice, at the option of the owner or bailee. The exercise of any such option shall be under the direction and control of the enforcing officer and at the expense of the owner or bailee. If the owner or bailee fails to exercise such option within the time specified in the notice, or to comply with the terms of a permit issued pursuant to Section 671.1, the enforcing officer shall immediately thereafter order the transfer of the animals to new owners or destroy the animals at the expense of the owner or bailee. Note: Authority cited: Section 2122, Fish and Game Code. Reference: Sections 1002, 2116-2118, 2118.2, 2118.3, 2118.4, 2119-2155, 2185-2190, 3005.9 and 3005.92, Fish and Game Code. s 671.6. Release of Animals into the Wild. (a) No person shall release into the wild without written permission of the commission any wild animal (as defined by Section 2116 of the Fish and Game Code), including domestically reared stocks of such animal, which: (1) is not native to California; (2) is found to be diseased, or there is reason to suspect may have the potential for disease; (3) may be genetically detrimental to agriculture or to native wildlife; or (4) has not been successfully introduced prior to 1955. (b) no permission will be granted to any person to release to the wild state turkeys that have been domestically reared for propagation or hunting purposes, except as provided in subsection 600(i)(4) of these regulations. Only wild trapped turkeys trapped from the wild by the Department may be released into the wild. (c) Every person who releases Barbary partridges, Turkish or Greek chukar partridges; French, Spanish or Arabian red-legged partridges; and/or bobwhite or coturnix quail into the wild shall have a valid permit signed by the director of the department before making such a release. Persons desiring to release such birds shall submit an application showing the number and sex of birds to be released, the location of the proposed release, and the proposed date of such release. At the time of release of such birds, the department may require that they shall be banded by the permittee with appropriate bands furnished by the department. The department may require a report giving the age, sex and number of the individual birds released. (d) Application for the introduction of all non-native birds or animals, except those birds cited in subsection 671.6(c), shall be made to the commission on forms supplied by the department. Note: Authority cited: Section 2120, Fish and Game Code. Reference: Sections 2116, 2116.5, 2118, 2118.2, 2118.3, 2118.4, 2120 and 2121, Fish and Game Code. s 671.7. Permits for Aquaculture Purposes. The Department of Fish and Game may issue permits for importation, possession, and transportation of aquatic animals listed in Section 671 for aquaculture purposes. Note: Authority cited: Sections 2118, 2120, Fish and Game Code. Reference: Sections 1050, 2116-2118, 2118.5-2123, 2125, 2150-2190, 15200-15202, 15400 and 15600, Fish and Game Code. s 672. Shooting Exotic Resident and Nonresident Game Birds. Note: Authority cited: Sections 200 and 3516, Fish and Game Code. Reference: Sections 200 and 3516, Fish and Game Code. s 673. Importation of Resident Game Birds. Every person who brings or causes to be brought into this state live domestically reared resident game birds shall have such birds inspected for disease and health conditions by the Department of Fish and Game unless the shipment is accompanied by a certificate from a licensed veterinarian at the point of origin stating that the birds are disease free. Written notice shall be given ten days in advance of all shipments, to the director, showing the date and place of arrival and stating whether or not the birds will be accompanied by a certificate of inspection. Game birds will be rejected for release if found diseased or altered in any manner which would, in the opinion of the department, render them incapable of surviving in the wild. Any birds rejected for release will be kept, destroyed, or returned to the place of origin by the importer at his sole cost and responsibility. Note: Authority cited: Sections 2120 and 3516, Fish and Game Code. Reference: Sections 2120, 3500 and 3516, Fish and Game Code. s 674. Permits to Possess Desert Tortoises (Gopherus). (a) Desert tortoises may be possessed only under the authority of a permit issued by the department. The department may issue a permit for the possession of a desert tortoise provided the tortoise was legally acquired and possessed prior to March 7, 1973. The department may require an applicant for a permit to submit proof of the legal acquisition of any desert tortoise. (b) Applications for a tortoise permit shall be submitted on forms furnished by the department and may be filed with the department at any time. Upon approval of the application, the department shall provide a tag which shall be affixed to the desert tortoise as directed by the department. (c) No desert tortoise may be transferred to any other person without prior department approval. (d) Possession of a desert tortoise, regardless of subspecies, except under the authority of a department permit is in violation of this section. Untagged desert tortoises shall be seized by the department. Note: Authority cited: Sections 200, 202, 1002 and 5002, Fish and Game Code. Reference: Sections 200-202, 203.1, 5000-5002, 5060 and 5061, Fish and Game Code. s 675. Importation and Sale of Domesticated Reindeer Meat. Any domesticated reindeer meat imported into this state shall be accompanied by a bill of lading, a copy of which shall be forwarded to the Department of Fish and Game, Sacramento, within 24 hours after such importation. The bill of lading shall indicate the number of carcasses or pieces of reindeer meat, the total weight of the shipment, the country of origin and the name of the importer. (a) No domesticated reindeer carcass or portion thereof shall be transported for sale or sold by an importer or wholesaler unless each quarter and each loin or each piece of the carcass of each reindeer is tagged with a domesticated game breeders tag or seal as provided in sections 3206 and 3207 of the Fish and Game Code. (b) Tags or seals must be affixed to reindeer meat at the point of origin or by the importer before the meat is distributed for storage or sale in California. (c) No tag or seal so affixed shall be used again. (d) No tag or seal shall be sold by the department to anyone other than a person who is legally in possession of domesticated reindeer, reindeer carcasses or portions thereof. (e) The keeper of a hotel, restaurant, boarding house, or club may sell portions of a quarter or loin of a domesticated reindeer to a patron or guest for actual consumption on the premises only. (f) A retail meat dealer may sell portions of a quarter or loin of a domesticated reindeer carcass to a customer for actual consumption. All packages containing such portions shall be marked to indicate the origin, place of sale, amount contained in each package and date of sale. This marking shall be kept with the reindeer meat until such meat is consumed. (g) The premises of such importers, wholesalers and retailers, together with the premises of such hotels, restaurants, boarding houses and clubs shall be open to inspection by the department at all times. Note: Authority cited: Section 3219, Fish and Game Code. Reference: Sections 1006 and 3219, Fish and Game Code. s 676. Fallow Deer Farming. (a) General Provisions. Fallow deer farming is defined as the rearing of fallow deer for commercial sale of meat and other parts or for sale of live fallow deer pursuant to these regulations. No person shall engage in any deer farming activity except as provided by the Fish and Game Code and regulations provided herein. Only fallow deer (Dama dama) may be possessed for deer farming purposes. (b) Permit Information. (1) Application. Application for a fallow deer farming permit shall be made on Fallow Deer Farming Application, LRB 1676 (3/97), which is incorporated by reference herein. Application forms are available from the Department of Fish and Game, License and Revenue Branch, 3211 S Street, Sacramento, CA 95816. A new applicant shall complete the application form in its entirety, including information on the plan of operation, source of fallow deer, testing protocol and contingency plans for recapture of escaped fallow deer. (2) Residency Requirement. Applicants shall be at least 18 years old and be residents of California. (3) Inspection of Facility. No new fallow deer farming permit shall be issued until the applicant's facility is inspected and approved by the department. The department shall charge a fee pursuant to Section 2150.2 of the Fish and Game Code in an amount sufficient to cover the cost of the inspection. (4) Term of a New Fallow Deer Farming Permit. Nontransferable, new fallow deer farming permits issued under the provisions of this section shall be valid for a term of one year. A permanent permit number shall be issued to the permittee for marking slaughtered fallow deer for transport. (5) Fallow Deer Farming Permit Renewal. Fallow deer farming permits must be renewed by January 1 of each year. An inspection is required for the renewal of a fallow deer farming permit and may be accomplished by the department pursuant to the provisions of subsection (b)(3) above. In lieu of a department inspection, the department may approve a renewal application when a veterinarian, or other person who has obtained a degree in veterinary medicine from a college or university accredited by the American Veterinary Medical Association, certifies in writing that he/she has inspected the facility and found it to be in compliance with this section. If a veterinarian inspects the facility, he/she must certify that each of the permittee's fallow deer have been observed at least once during the prior year and that they have been appropriately cared for and appear healthy. No person shall falsely certify that the facility has been inspected and that such facility is in compliance. (6) Terminating a Fallow Deer Farming Permit. Any fully or partially certified fallow deer farm permitted pursuant to this section shall notify the department within 45 days of its intended termination of fallow deer farming operations. The permittee shall identify the number of fallow deer under his/her possession and the disposition of fallow deer upon termination of operations. Upon termination of operations, fallow deer shall be slaughtered for meat consumption or, with proper health certifications, sold to another permitted fallow deer operation in California or sold and transported out of state. (7) Denial. The department may deny the issuance of a fallow deer farming permit for failure to comply with the terms and conditions of a permit or the provisions of this section. Any person denied a permit under these regulations may request a hearing before the commission to show cause why their permit should not be denied. (8) Revocation. Any fallow deer farming permit issued pursuant to these regulations may be revoked or suspended at any time by the commission for failure to comply with the terms and conditions of the permit or for failure to comply with these regulations, after notice and opportunity to be heard, or without a hearing upon conviction of a violation of these regulations by a court of competent jurisdiction. (9) Fees. Pursuant to sections 2150 and 2150.2 of the Fish and Game Code, the following fees have been established to offset costs of administering and enforcing the associated laws and regulations. (A) Application Fee. The application fee for a new fallow deer farming permit shall be $30.00 and shall be annually adjusted pursuant to Section 713 of the Fish and Game Code to offset the department's administrative costs of processing an application. (B) Permit Fee. The fallow deer farming permit fee shall be $200.00. This fee shall be annually adjusted (base year 1997) pursuant to Section 713 of the Fish and Game Code. (C) Inspection Fee. The annual fallow deer farming inspection fee shall be an amount sufficient to cover the department's cost of inspection. If, in lieu of a department inspection, a qualified veterinarian performs the inspection pursuant to subsection (b)(5) above, the annual fallow deer farming inspection fee shall be waived. (c) Certification. All new fallow deer farming facilities shall be fully certified by the department. Fallow deer farms allowed to operate under partial certification when the fallow deer regulations were initially adopted in 1994 may satisfy the requirements for full certification set forth in this section. (1) Full Certification. Fully certified fallow deer farms shall comply with the following requirements: (A) Marking. All fallow deer shall be marked in such a manner that they are individually identifiable as stock of the permittee. (B) Testing. All fallow deer six months of age or older shall undergo two tests, at least 12 months apart, for tuberculosis and one test for brucellosis within three years of the owner being granted a fallow deer farming permit, unless the fallow deer were obtained from a fully certified herd in the state. Tests shall be administered and interpreted by a U.S. Department of Agriculture accredited veterinarian approved by the department. (C) Negative Herd Status. Full certification will not be granted unless negative herd status (not having a significant possibility of being infected) is determined by the department. (D) Movement of Live Fallow Deer. Only fully certified fallow deer farms in full compliance with the provisions of subsection (f) of this section may serve as sources within California for stock for new fallow deer farms. Fully certified fallow deer farms may sell, trade or transport live fallow deer to any person in California in possession of a valid fallow deer farming permit issued by the department. Permittees shall maintain records of such transactions, including the number of fallow deer transferred, identification of individual fallow deer and the name and address of the person receiving the fallow deer. The provisions of subsection (e) of this section shall be complied with when importing fallow deer stock from outside of California. (2) Existing Partially Certified Fallow Deer Farms. Existing partially certified fallow deer farms must comply with the following requirements: (A) Marking. All fallow deer should be marked in such a manner that they are individually identifiable as stock of the permittee. (B) Prohibition on Movement of Live Fallow Deer. Partially certified fallow deer farmers shall not sell, trade or transport, except to slaughter, live fallow deer in California. (d) Sale of Meat. Fallow deer farmers may sell the meat of slaughtered fallow deer to persons within or outside of California. A receipt shall be prepared and included with each shipment of meat. This receipt shall show the date of the transaction, identify the quantity of meat sold and bear the name and permit number of the fallow deer farmer selling the meat. A copy of the receipt shall be retained by the permittee for a period of one year after the date of transaction. Any person may obtain meat from a fallow deer farmer and sell it to the ultimate consumer. No permit is required of persons reselling meat obtained from fallow deer farmers. (Note: Fallow deer shall be humanely slaughtered in compliance with Penal Code Section 597.) (e) Importation of Fallow Deer for Farming. Fallow deer shall not be imported into California for the purposes of farming, except as provided by these regulations. (1) Importation Application Requirement. A Fallow Deer Farming Importation Application, LRB 1676A (3/97), which is incorporated by reference herein, shall be completed in its entirety by permittees wishing to obtain fallow deer stock from outside California. This application and documentation identified below shall be submitted to the Department of Fish and Game, Wildlife Investigations Laboratory, 1701 Nimbus Road, Suite D, Rancho Cordova, California 95670. Application forms are available at this address. The approved Fallow Deer Farming Importation Application form must accompany the imported fallow deer stock. (2) Health Certificate Requirement. A health certificate issued by a U.S. Department of Agriculture accredited veterinarian or other person who has obtained a degree in veterinary medicine from a college or university accredited by the American Veterinary Medical Association in the state from which the fallow deer stock is being shipped shall accompany the imported fallow deer stock. This health certificate shall contain the methods used for testing, the results of the testing and be correlated to identifying markings on fallow deer tested. (3) Copy of Official Test Results Required. A copy of the official results from tests conducted in the state of origin shall be submitted with the Fallow Deer Farming Importation Application form. Information on the test methods used and the results for each fallow deer tested shall be included. (4) Disease Tests Required. (A) Bovine Tuberculosis Testing. The herd of origin shall have undergone official testing for bovine tuberculosis within 24 months of importation of fallow deer, using a Single Cervical Tuberculin (SCT) Test or a Blood Tuberculosis (BTB) Test. All fallow deer six months of age or older shall be tested for tuberculosis within 120 days prior to entry into California and shall have been classified negative for tuberculosis based upon an official test. (Note: It is recommended that imported fallow deer be tested 90-120 days after importation.) (B) Brucellosis. The veterinarian issuing the health certificate shall attest that the fallow deer to be imported into California are not known to be infected with brucellosis and that the animals have not been in contact with animals of unknown brucellosis status. Fallow deer six months of age or older shall be tested for brucellosis within 30 days of entry into California. (C) Other Disease Testing. The department shall reserve the right to require additional testing prior to importation when there is reason to believe other diseases, parasites or other health risks are present. The department shall provide written notification if such testing is required. (f) Disease Prevention and Control. (1) Herd Testing for Bovine Tuberculosis. Testing is not required if no fallow deer have been added to the herd except by birth and if imported fallow deer have been properly tested. (2) Issuance of Hold Order if Herd Test is Positive. If a herd is found positive for bovine tuberculosis, a hold order will be issued by the State Animal Health Official, (the chief veterinarian or official for a state animal disease control program), and an epidemiologic evaluation of all fallow deer in the herd must be conducted by a State or USDA veterinarian. If the epidemiologic evaluation indicates a negative herd status, the hold order shall be removed. If the epidemiologic evaluation indicates a positive herd status (having a significant possibility of being infected), the herd shall be classified as infected. Positive status fallow deer shall be identified, and the department shall issue a hold order for the herd. The permittee shall immediately prepare a written plan for eliminating bovine tuberculosis from the herd. When this plan is approved by the department it shall constitute a memorandum of understanding between the permittee, the state and appropriate federal agencies to eliminate bovine tuberculosis from the infected herd. The department shall make every reasonable effort to minimize economic loss to the impacted permittee. (Note: The state has no indemnification for depopulation of an infected herd). (3) Other Disease Testing. The department shall reserve the right to additional testing when there is reason to believe other diseases, parasites or other health risks are present. The department shall notify the permittee in writing if such testing is required. (4) Retention of Health Records. The permittee shall maintain all health records of individual fallow deer for a minimum of three years. (g) Facility and Maintenance Requirements. The following general housing and maintenance provisions shall be complied with in rearing fallow deer for fallow deer for farming: (1) An enclosure shall provide no less than 800 square feet of area for one animal and another 200 square feet for each additional fallow deer. (2) Perimeter fences shall be eight feet in height and shall be constructed of a minimum of 12.5 gauge woven wire or equivalent. Posts shall be of structurally sound 4 x 4 wood or equivalent. (3) Natural or artificial shelter from the elements shall be provided for all animals. (4) Potable water shall be provided for fallow deer at all times. (5) Fallow deer shall be observed every day by the person in charge of the care of the animals or by someone working under his/her direct supervision. Sick or diseased, stressed, injured or lame fallow deer shall be provided with veterinary care or humanely destroyed. (h) Availability of Records and Inspection of Facility by Department. Any person holding a fallow deer farming permit authorized under this section shall allow the department's employees to enter his/her premises upon request at a reasonable hour, to inspect facilities, fallow deer restraining equipment and fallow deer possessed by the permittee, or to inspect records required to be maintained by these regulations or federal regulations relating to fallow deer farming. Note: Authority cited: Sections 1002, 2120, 2150 and 2150.2, Fish and Game Code. Reference: Sections 2116.5, 2120, 2124, 2150, 2150.2, 2150.4, 2150.5, 2151, 2185, 2186, 2187, 2189, 2190, 2350 and 2355, Fish and Game Code. s 677. Dog Training and Field Trials. (a) Dog Training When No Wild Birds Are Captured, Injured, or Killed. Notwithstanding Section 265 of these regulations, a person may train dogs to retrieve, or to point or flush game birds, or may train for or participate in field trails or similar events related to these activities, at any time of year from sunrise to sunset if no wild birds are captured, injured, or killed. Domestically reared birds may be released and taken for dog training or field trials only as provided in Section 677(b). Dogs shall not be trained on or otherwise be allowed to pursue any birds that have special protection under California or federal law, including but not limited to fully protected birds (Section 3511 of the Fish and Game Code) and endangered, threatened or candidate species (Section 670.5 of these regulations and Code of Federal Regulations, Title 50, Section 17.11). (b) Release and Take of Birds. Notwithstanding Section 671.6 of these regulations, bobwhite and coturnix quail, domestic pigeons, and the following domestically reared game birds may be released and/or taken during dog training or organizational field trials in accordance with subsections (b)(1) through (b)(5) of this section, general resident game bird regulations, or licensed game bird club regulations: pheasants (Phasianus colchicus), including all ring-necked pheasant races, chukar, Hungarian partridge and captive-reared mallard ducks. (1) Hunting License Required. Each person taking domestically reared game birds must possess a valid California hunting license. In addition, each person, except holders of junior hunting licenses, taking Hungarian partridge, ring-necked pheasant, and chukar must possess a valid Upland Game Bird Stamp. (2) Prior Notification Required. Persons releasing and/or taking game birds in accordance with this section during organized field trials or hunt tests shall provide the Department's regional office in the region where the birds will be released and/or taken the following information at least three business days prior to the activity. This notification shall be in letter form, by fax, or by internet. The information required includes: (A) The name, address, and telephone number of the person providing the information. (B) The location that birds will be released and/or taken. (C) The approximate number of each species of bird that will be released and/or taken. (D) The approximate number of persons who will be involved in the release and/or take. (E) The date and time that birds will be released and/or taken. For any event where more than one person may be taking birds, only a single notification is required. (3) Restrictions On Daily Take. (A) Domestically reared game birds may be taken only on the day they are released, except when taken pursuant to general resident game bird regulations. (B) Bobwhite quail and coturnix quail released for dog training or field trial purposes may be taken on any day. (4) Marking of Birds. (A) Prior to Release. If the Department determines that there is a need to distinguish domestically reared game birds used for dog training or field trials from other game birds at a particular location or event, the Regional Manager may require that some or all species of domestically reared game birds used for dog training or field trials be marked with streamers, coloring, or other conspicuous material prior to their release. (B) Carcass. The carcass of each pheasant and chukar shall be tagged with a seal as provided by Section 3206 of the Fish and Game Code. The carcasses of bobwhite quail and coturnix quail need not be tagged. While in the field, all birds must be in a condition that the species can be identified. (5) Inspection of Birds. The department may inspect all birds prior to their release and no birds may be released if the department determines that such releases may have significant potential to transmit diseases to wild bird populations. Note: Authority cited: Sections 200, 202, 203, 3508 and 3516, Fish and Game Code. Reference: Sections 86, 203, 2080, 3500, 3502, 3508, 3511 and 3513-3516, Fish and Game Code. s 678. Captive Raptor Breeding. (a) General Provisions. No person shall engage in any activity related to the propagation of raptors except as provided by the Fish and Game Code and regulations provided herein. Applicable regulations adopted by the U.S. Secretary of the Interior pursuant to the Migratory Bird Treaty Act and published in Title 50, Code of Federal Regulations (CFR), Part 21 (Revised 9/14/89) are hereby incorporated and made available upon request from the Department of Fish and Game, Wildlife Protection Division, 1416 Ninth Street, Box 944209, Sacramento, CA 94244-2090. (b) Department Inspections. The department may enter the premises of any permittee at any reasonable hour to inspect all housing, equipment, or raptors possessed by the permittee, or to inspect, audit, or copy any permit, book, or record required to be kept by these regulations. Note: Authority cited: Sections 200 and 395, Fish and Game Code. Reference: Sections 200 and 395, Fish and Game Code. s 679. Possession of Wildlife and Wildlife Rehabilitation. (a) General Prohibition on Possession of Wildlife. Except as proved in subsection (b) below or as otherwise authorized, it is unlawful for any person to possess any live game mammal or bird, nongame mammal or bird, furbearer, reptile or amphibian. (b) Temporary Confinement of Wildlife. Except for big game mammals listed in Section 350, Title 14, CCR, injured, diseased or orphaned animals may be temporarily confined by persons if they notify the nearest regional office of the department within forty-eight (48) hours of finding or confining such wildlife. Notification shall include name and address; the species of wildlife and a description of its injury, disease or condition; the date and location the wildlife was found; and the location where the wildlife is confined. Confined animals must be disposed of pursuant to department direction, including placement in a department-approved wildlife rehabilitation facility. (Department offices: Region 1 (Redding), (916) 225-2300, Region 2 (Rancho Cordova), (916) 355-0978, Region 3 (Yountville), (707) 944-5500, Region 4 (Fresno), (209) 222-3761, Region 5 (Long Beach), (310) 590-5132) (c) Prohibition on Possession of Big Game Mammals or Fully Protected, Threatened or Endangered Species Except Under Department Permit. No person or wildlife rehabilitation facility may possess any big game mammal listed in Section 350, Title 14, CCR, or any fully protected, endangered or threatened bird, mammal, fish, reptile or amphibian without specific written authorization from the department. (d) Prohibition on Picking up Disabled Wildlife in a Department Designated Oil/Toxic Spill Area. No person may enter a department designated oil/toxic spill area for the purpose of picking up disabled wildlife or transport or possess wildlife disabled by an oil spill or other spilled toxic substance unless that person has completed the training required by subsections 817.02(i) and (j), Title 14, CCR, and has authorization from the department. Designated oil/spill areas shall be clearly posted by the department. (e) Wildlife Rehabilitation Facilities. (1) Wildlife Rehabilitation Facility Defined. For the purposes of these regulations, a wildlife rehabilitation facility is defined as a site where activities are undertaken to restore to a condition of good health, for the purpose of release to the wild, animals occurring naturally and not normally domesticated in this state. (2) Approval of Wildlife Rehabilitation Facility. The department may approve and issue a permit in the form of a Memorandum of Understanding to only those wildlife rehabilitation facilities which meet the wildlife care standards set forth in the 1993 Wildlife Rehabilitation Minimum Standards and Accreditation Program manual published jointly by the International Wildlife Rehabilitation Council and the National Wildlife Rehabilitators Association. The above wildlife care standards are hereby adopted and made a part of this Title 14 and shall be included as part of DEPARTMENT OF FISH AND GAME MANUAL 679 (5/94) - WILDLIFE REHABILITATION AND CARE STANDARDS, which is incorporated by reference herein. This manual shall be made available to all permittees and other interested individuals. Existing wildlife rehabilitation facilities not meeting these standards will not be permitted to rehabilitate wildlife after June 6, 1997. New facilities must comply with the standards upon the effective date of these regulations. (f) Provisions Related to the Operation of a Wildlife Rehabilitation Facility. (1) Responsibility for Costs Incurred. The operator of a wildlife rehabilitation facility shall be reasonable for any and all costs incurred in connection with the treatment, confinement or transportation of wildlife. (2) Liability. The operator of a wildlife rehabilitation facility shall indemnify, defend and save harmless the State, its officers, agents, and employees from any and all claims and losses occurring or resulting to any person or property in connection with the treatment, confinement or transportation of wildlife. (3) Restrictions Related to Holding Wildlife. Wildlife temporarily held for rehabilitation must be maintained separate from facilities housing domestic animals and shall not be displayed to the public. Such wildlife shall have minimal direct human contact. Every effort shall be made to prevent imprinting. (4) Department Approval Requirement for Release of Wildlife Back into the Wild. Rehabilitated wildlife may be released back into the wild only as directed by the department. All mammals and raptors shall be marked with bands or tags provided by the department (see "BANDING, TAGGING, MARKING" in Wildlife Rehabilitation and Care Standards Manual.) If any animal cannot be released, it shall be transferred to a zoological garden, museum, college, university or other educational/research institution or wildlife exhibitor. If it cannot be released or transferred, it shall be humanely euthanized. These regulations do not authorize any person, facility or organization to accept, possess or relocate nuisance wildlife. Any healthy wildlife trapped in towns or cities or removed from under buildings or otherwise taken or trapped because of human/animal conflict shall be immediately released in the area where trapped or disposed of as directed or authorized by the department. Any such wildlife that has been determined by a veterinarian to be so seriously ill that it cannot be treated shall be euthanized and tested as directed by the appropriate county public health agency or the department. (5) Notification Requirement for Dead or Diseased Animals. The operator of a wildlife rehabilitation facility shall notify the nearest department region office within twenty-four (24) hours if any animal dies of a disease specified in the facility's permit or is suspected to have died from one of those diseases and shall make the dead animal available for delivery to the department or other facility as directed by the department. (6) Written Record Requirement. The operator of a wildlife rehabilitation facility shall maintain a written record for each animal being cared for. This record shall include the name and address of the person finding the animal, the location where the animal was found, a description of its condition and treatment, the dates it was received and transferred from the facility and the location of its final disposition. (7) Availability of Records. The operator of a wildlife rehabilitation facility shall make all records, wildlife being rehabilitated and any materials used for the confinement, treatment, or care of wildlife, available for inspection by department employees or employees of the Department of Food and Agriculture or Department of Health Services or any other person authorized to enforce these regulations. (g) Compliance With Other Restrictions. These regulations, or any permit issued pursuant thereto, do not authorize possession of any wild animal in violation of any other Federal, state, city, or county law, ordinance or regulation, including but not limited to any California Department of Health Services Rabies Control regulations. Note: Authority cited: Sections 200, 2000, 3005.5, 3800 and 4150, Fish and Game Code. Reference: Sections 200, 1008, 2000, 2001, 3005.5, 3511, 3800, 4150, 4190 and 4800, Fish and Game Code; and Section 8670.61.5, Government Code. s 680. Propagation, Sale, Transportation and Release of Birds or Mammals by Domestic Game Breeders, Licensed Pheasant Clubs, or Domestic Migratory Game Bird Shooting Areas. (a) For the purpose of this section, a diseased bird or mammal is one that carries a disease which is detrimental to wild populations. (b) No birds or mammals, designated by the department to be diseased, shall be propagated, sold, transported, released, or otherwise disposed of without a free written permit issued by the department. Note: Authority cited: Sections 2120, 3302, 3303 and 3516, Fish and Game Code. Reference: Sections 2116, 2118.2, 2118.4, 2119-2155, 2185-2191, 3270.5, 3274, 3281-3283, 3287-3300, 3302-3305, 3307, 3311 and 3500-3517, Fish and Game Code. s 690. Captive Breeding of Albino Native Reptiles and Amphibians. Note: Authority cited: Sections 5061 and 6896, Fish and Game Code. Reference: Sections 5061 and 6896, Fish and Game Code. s 695. Taxidermists. (a) Records: Every person who prepares, stuffs or mounts the skin or any part of any fish, reptile, bird or mammal for another person shall keep an accurate record of all fish, reptile, bird or mammal carcasses, skins or parts thereof received, acquired, stored or possessed for taxidermy purposes. Such record shall include the following: (1) The name and address of the person from whom each specimen is received; (2) The name and address of the owner of each specimen received, including the hunting or fishing license number and license tag number (if applicable); (3) A description of each specimen, including the species of fish, reptile, bird or mammal, and the part of the animal received; (4) The name and address of the person to whom each processed specimen is delivered; (5) The date each specimen is received, and the date the processed specimen is delivered; (6) A copy of the declaration of entry or the bill of lading accompanying all fish, reptile, bird or mammal carcasses, skins or parts thereof which are received or delivered from out of state required pursuant to section 2353 of the Fish and Game Code shall be retained. (b) Immediate Recording: Upon receiving a fish, reptile, bird or mammal or part thereof, the information required in this regulation shall be immediately recorded. (c) Inspection and Retention of Records: The records required by this regulation shall be open for inspection by department employees upon request. The records shall be retained for a period of one year, except that such record shall be retained permanently for any unclaimed or unredeemed specimen. (d) Sale of Unclaimed or Unredeemed Specimens: Every person who prepares, stuffs or mounts the skin or any part of fish, reptiles, bird or mammal for another person and who keeps the records provided in (a) may sell unclaimed or unredeemed skins under the following conditions: (1) A notice shall be posted where it is visible to all persons who bring skins to a taxidermist for preparation, stuffing, or mounting, stating that the skins will be sold pursuant to chapter 6 (commencing with section 3046) of part 4 of division 3 of the Civil Code if unclaimed or unredeemed by the owner. (2) The department shall, upon request, be provided with the name and address of any person who has failed to claim or redeem any skin or part thereof. (3) The sale price of any prepared, stuffed, or mounted skin or part thereof, shall not exceed the actual cost of labor, preparation and advertising costs relating to the sale, less any amount already paid by the owner of the skin for its preparation, stuffing, or mounting. (4) No skin or part of any fully protected, rare, or endangered species of fish, reptile, bird or mammal may be sold. (5) No skin or part of any migratory bird covered by the federal Migratory Bird Treaty Act or Bald Eagle Act may be sold without approval of the U.S. Fish and Wildlife Service. (6) The notice to customers required in (1) above shall include a copy of subdivision (d) of this regulation. Note: Authority cited: Section 3087, Fish and Game Code. Reference: Section 3087, Fish and Game Code. s 696. Fur Dealer and Fur Agent Licenses. (a) Fur Dealer License. Every person engaging in, carrying on, or conducting, wholly or in part, the business of buying, selling, trading or dealing in raw furs of furbearing mammals or nongame mammals shall first procure a fur dealer license. Each licensed fur dealer shall submit, not later than July 1, to the department at 1416 Ninth Street, Sacramento, California 95814, an annual report on forms provided by the department. (b) Fur Agent License. Any person employed by a licensed fur dealer to engage in the business of buying, selling, trading or dealing in raw furs only on behalf of the fur dealer, and not on his own behalf, shall first procure a fur agent license, providing that the fur dealer employing that person has submitted the annual report required in (a) above. Such licenses shall be valid for a term of one year from July 1, or if issued after the beginning of such term, for the remainder thereof. (c) It shall be unlawful for any fur dealer or fur agent to purchase the raw fur of any furbearing mammal or nongame mammal from any person who does not hold a valid trapping license, fur dealer license, or fur agent license. Note: Authority cited: Sections 4009.5, 4042 and 4150, Fish and Game Code. Reference: Sections 4009.5, 4030-4043 and 4150, Fish and Game Code. s 699. Fees. Pursuant to the provisions of section 1050 of the Fish and Game Code, and in compliance with the provisions of section 713 of said Code, the Department shall annually adjust the fees of all licenses, certificates, permits and license tags, or other entitlement required by regulations set forth in this title 14. (a) Base Year. Unless otherwise specified by the Fish and Game Code, or regulations adopted pursuant thereto, the base year for establishment of fees shall be 1991, or the year in which the license, certificate, permit or license tag was established after 1991. (b) Permit Fees: Unless otherwise provided in this title 14 or in the Fish and Game Code, the Department shall charge a fee of thirty dollars ($30.00) for any permit issued pursuant to these regulations. Note: Authority cited: Sections 240, 713 and 1050, Fish and Game Code. Reference: Sections 240, 713 and 1050, Fish and Game Code. s 699.5. Fees for Lake and Streambed Alteration Agreements. (a) Definitions. (1) For purposes of this section, the following definitions apply: (A) "Activity" means any activity that by itself would be subject to subdivision (a) of section 1602 of the Fish and Game Code. (B) "Agreement" means a lake or streambed alteration agreement issued by the department. (C) "Agreement for routine maintenance" means an agreement that: (1) covers only multiple routine maintenance projects that the entity will complete at different time periods during the term of the agreement; and (2) describes a procedure the entity must follow for any maintenance projects the agreement covers. (D) "Agreement for timber harvesting" means an agreement of five years or less that covers one or more projects that are included in a timber harvesting plan approved by the California Department of Forestry and Fire Protection. (E) "Department" means the California Department of Fish and Game. (F) "Extension" means either a renewal of an agreement executed prior to January 1, 2004, or an extension of an agreement executed on or after January 1, 2004. (G) "Master agreement" means an agreement with a term of greater than five years that: (1) covers multiple projects that are not exclusively projects to extract gravel, sand, or rock; not exclusively projects that are included in a timber harvesting plan approved by the California Department of Forestry and Fire Protection; or not exclusively routine maintenance projects that the entity will need to complete separately at different time periods during the term of the agreement; and (2) describes a procedure the entity must follow for construction, maintenance, or other projects the agreement covers. An example of a project for which the department would issue a master agreement is a large-scale development proposal comprised of multiple projects for which specific, detailed design plans have not been prepared at the time of the original notification. The master agreement will specify a process the department and entity will follow before each project begins and may identify various measures the entity will be required to incorporate as part of each project in order to protect fish and wildlife resources. As a general rule, the process specified in the master agreement will require the entity to notify the department before beginning any project the agreement covers and submit a fee based on the cost of the project. After the department receives the notification, it will confirm that the master agreement covers the project and propose measures to protect fish and wildlife resources in addition to any included in the master agreement, if such measures are necessary for the specific project. A master agreement will typically, but not always, encompass one or more watersheds and/or relate to a habitat conservation plan or natural community conservation plan. By contrast, if the large-scale development proposal is comprised of, for example, multiple residences, golf courses, and associated infrastructure projects for which specific, detailed design plans have been prepared by the time the entity notifies the department and the entity is ready to begin those projects, the department would issue the entity a standard agreement. (H) "Master agreement for timber operations" means an agreement with a term of greater than five years that: (1) covers timber operations on timberland that are not exclusively projects to extract gravel, sand, or rock; not exclusively projects that are included in a timber harvesting plan approved by the California Department of Forestry and Fire Protection; or not exclusively routine maintenance projects that the entity will need to complete separately at different time periods during the term of the agreement; and (2) describes a procedure the entity must follow for construction, maintenance, or other projects the agreement covers. For the purposes of this definition, "timberland" and "timber operations" have the same meaning as those terms are defined in sections 4526 and 4527 of the Public Resources Code, respectively. (I) "Project" means either of the following as determined by the department: 1. One activity. An example of such a project is one that is limited to the removal of riparian vegetation at one location along the bank of a river, lake, or stream that will substantially change the bank. 2. Two or more activities that are interrelated and could or will affect similar fish and wildlife resources. An example of such a project is the construction of one bridge across a stream that requires the removal of riparian vegetation, the installation of abutments in or near the stream, and the temporary de-watering of the stream using a diversion structure. Each of those three activities together would constitute one project for the purpose of calculating the fee under this section because they are all related to the single purpose of constructing one bridge at one location. By contrast, the construction of three bridges and two culverts across a stream at five different locations would not constitute one project, but instead would constitute five projects, even if each structure were to provide access to a common development site and/or were physically connected to each other by a road. "Project" does not mean project as defined in section 21065 of the Public Resources Code or section 15378 of title 14 of the California Code of Regulations. (J) "Standard agreement" means any agreement other than an agreement for gravel, rock, or sand extraction, an agreement for timber harvesting, an agreement for routine maintenance, a master agreement, or a master agreement for timber operations. (b) Standard Agreement. (1) Fee if the term of the agreement is 5 years or less: (A) $200 if the project costs less than $5,000. (B) $250 if the project costs from $5,000 to less than $10,000. (C) $500 if the project costs from $10,000 to less than $25,000. (D) $750 if the project costs from $25,000 to less than $100,000. (E) $1,100 if the project costs from $100,000 to less than $200,000. (F) $1,500 if the project costs from $200,000 to less than $350,000. (G) $2,250 if the project costs from $350,000 to less than $500,000. (H) $4,000 if the project costs $500,000 or more. (2) Fee if the term of the agreement is longer than 5 years: (A) $2,400 base fee, plus the fee specified in subdivision (b), paragraph (1). (3) For the purpose of this subdivision, project cost means the cost to complete each project for which notification is required. (4) As a general rule, a notification for a standard agreement should identify only one project. If an entity chooses to identify more than one project in a single notification, the department may require the entity to separately notify the department for one or more of the projects included in the original notification based on their type or location. If the notification includes more than one project, the fee shall be calculated by adding the separate fees for each project. For example, if a notification identifies three projects, one of which will cost less than $5,000 to complete, one of which will cost $7,500 to complete, and one of which will cost $17,500 to complete, the fee for the first project would be $200, the fee for the second project would be $250, and the fee for the third project would be $500. Hence, the total fee the entity would need to submit with the notification that identifies those three projects would be $950. (5) An entity may not obtain a standard agreement for any project identified in the notification that qualifies for an agreement for gravel, rock, or sand extraction, an agreement for timber harvesting, an agreement for routine maintenance, a master agreement, or a master agreement for timber operations unless the department agrees otherwise. (6) Fee submittal: (A) If the entity requests an agreement with a term of 5 years or less, the fee specified in paragraph (1) must be submitted with the notification. (B) If the entity requests an agreement with a term longer than 5 years, the fee specified in paragraph (2) must be submitted with the notification. (c) Agreement for Gravel, Sand, or Rock Extraction. (1) Fee if the term of the agreement is 5 years or less: (A) $500 if the annual extraction volume identified in the notification is less than 500 cubic yards. (B) $1,000 if the annual extraction volume identified in the notification is 500 to less than 1,000 cubic yards. (C) $2,500 if the annual extraction volume identified in the notification is 1,000 to less than 5,000 cubic yards. (D) $5,000 if the annual extraction volume identified in the notification is 5,000 or more cubic yards. (2) Fee if the term of the agreement is longer than 5 years: (A) $10,000 base fee, plus an annual fee of $1,000. (3) Fee submittal: (A) If the entity requests an agreement with a term of 5 years or less, the fee specified in paragraph (1) must be submitted with the notification. (B) If the entity requests an agreement with a term longer than 5 years, the base fee specified in paragraph (2) must be submitted with the notification. (d) Agreement for Timber Harvesting. (1) Fee: (A) $1,200 base fee, plus $100 for each project. (2) Fee submittal: (A) The fee specified in paragraph (1) must be submitted with the notification. (e) Agreement for Routine Maintenance. (1) Fee if the term of the agreement is 5 years or less: (A) $1,200 base fee, plus $100 for each maintenance project completed per calendar year. (2) Fee if the term of the agreement is longer than 5 years: (A) $2,400 base fee, plus $100 for each maintenance project completed per calendar year. (3) Fee submittal: (A) If the entity requests an agreement with a term of 5 years or less, the base fee specified in paragraph (1) at a minimum must be submitted with the notification. (B) If the entity requests an agreement with a term longer than 5 years, the base fee specified in paragraph (2) at a minimum must be submitted with the notification. (f) Master Agreement. (1) Fee: (A) $30,000 base fee, plus: 1. An annual fee of $2,500, unless the department specifies otherwise. 2. $250 for each project the agreement covers, unless the department specifies otherwise. (2) Fee submittal: (A) The base fee specified in paragraph (1) at a minimum must be submitted with the notification. (g) Master Agreement for Timber Operations. (1) Fee: (A) $7,500 base fee, plus: 1. An annual fee of $1,000, unless the department specifies otherwise. 2. $100 for each project the agreement covers, unless the department specifies otherwise. (2) Fee submittal: (A) The base fee specified in paragraph (1) at a minimum must be submitted with the notification. (h) If an entity chooses to identify more than one project in a single notification, the total fee may exceed $5,000 regardless of the term of the agreement. (i) Extensions for Agreements. (1) Fee: (A) $200. (2) Fee submittal: (A) The fee specified in paragraph (1) must be submitted with the request for an extension. (3) For the purpose of this subdivision and subdivisions (j) and (k), an extension is not an amendment. (j) Minor Amendments. (1) Fee: (A) $150. (B) For the purpose of this subdivision, a minor amendment is one that would not significantly modify the scope or nature of any project covered by the agreement or any measure included in the agreement to protect fish and wildlife resources. (k) Major Amendments. (A) $500. (B) For the purpose of this subdivision, a major amendment is one that would significantly modify the scope or nature of any project covered by the agreement or any measure included in the agreement to protect fish and wildlife resources, or require additional environmental review pursuant to section 21000 et seq. of the Public Resources Code or section 15000 et seq. of title 14 of the California Code of Regulations. (C) A project may not be added to an agreement by amendment unless the agreement specifies otherwise. (l) California Environmental Quality Act ( "CEQA"). (1) When the department is required to act as lead agency in administering or enforcing sections 1600-1616 of the Fish and Game Code, the department may charge and collect a reasonable fee from the entity to recover its estimated CEQA-related costs in accordance with section 21089 of the Public Resources Code. The department may recover its estimated CEQA-related costs by collecting from the entity one or more deposits. The amount of the first deposit shall be at least $1,500. The department shall refund any unused deposit to the entity. (m) Payment of Fees. (1) The department may refuse to process a notification or a request for an extension or amendment until the department receives the proper fee or fees. (n) Refunds. (1) If an entity requests an agreement with a term longer than 5 years and the department denies the entity's request, the department will return the fees paid and instruct the entity to submit the applicable fee for an agreement with a term of 5 years or less. (2) If after receiving a notification the department determines that notification is not required because the project is not subject to subdivision (a) of section 1602 of the Fish and Game Code, the department shall refund to the entity any fees submitted with the notification. Note: Authority cited: Section 1609, Fish and Game Code; and Section 21089, Public Resources Code. Reference: Section 1609, Fish and Game Code; and Section 21089, Public Resources Code. s 700. Hunting and Fishing Licenses, Possession and Display Of. (a) Display of Sport Fishing License: Every person, while engaged in taking any fish, amphibian or reptile, shall display their valid sport fishing license by attaching it to their outer clothing at or above the waistline so that it is plainly visible, except when diving as provided in Section 7145 of the Fish and Game Code. (b) Possession of Hunting License: Every person, while engaged in taking any bird or mammal must have on their person or in their immediate possession a valid hunting license. Note: Authority cited: Sections 200, 202, 203, 205, 215, 1050 and 3050, Fish and Game Code. Reference: Sections 200-205, 215, 220, 221, 1050, 1052, 1053, 2012, 3007, 3031, 3037, 3055, 3060-3063 and 7145-7150.5, Fish and Game Code. s 701. Sport Fishing Forms and Fees. (a) Declaration for Multi-Day Fishing Trip (FG 935 (rev. 06/05) incorporated by reference herein) $ 4.50 (b) Permit Authorizing Transit of a Recreational Fishing Vessel Through Areas Closed to Fishing (Annual) (FG 672 (rev. 07/05), incorporated by reference herein) $32.00 (c) Permit Authorizing Transit of a Recreational Fishing Vessel Through Areas Closed to Fishing (30 Days or less) (FG 672 (rev. 07/05), incorporated by reference herein) $8.00 (d) 2006 Salmon Punch Card $1.50 (e) Pursuant to the provisions of Section 699, Title 14, the department shall annually adjust the fees of all licenses, stamps, permits, tags, or other entitlement required by regulations set forth in this section. Note: Authority cited: Sections 200, 202, 205, 220, 713, 1050 and 7380, Fish and Game Code. Reference: Sections 200, 202, 205, 206, 220, 713, 1050, 1055 and 7380, Fish and Game Code. s 702. Hunting Applications, Tags, Seals, Permits, Reservations and Fees. (a) Private Wildlife Management Areas (1) License Application (Initial - FG WPB 538 (Rev. 01/06), Annual Renewal - FG WPB 539 (Rev. 01/06), 5-Year Renewal - FG WPB 537 (Rev. 01/06), incorporated by reference herein) (A) less than 5000 acres $1,377.50 (B) 5,001 to 10,000 acres $1,983.75 (C) 10,001 to 15,000 acres $2,314.50 (D) greater than 15,001 acres $2,645.00 (2) Tags and Seals (A) 2006 Antelope Tag (Buck) $165.25 (B) 2006 Antelope Tag (Doe) $ 99.25 (C) 2006 Bear Tag $ 46.50 (D) 2006 Deer Tag (Antlerless) $ 52.75 (E) 2006 Deer Tag (Buck) $ 52.75 (F) 2006 Deer Tag (Either-sex) $ 52.75 (G) 2006 Elk Tag (Antlerless) $330.75 (H) 2006 Elk Tag (Bull) $462.75 (I) 2006 Pig Tag $ 46.50 (J) 2006 Turkey Tag $ 20.00 (K) 2006/2007 Upland Game seals $ 01.00 (b) Reservation Drawings and Permits to Hunt on State and Federal Areas (1) Reservation Drawings (A) 2006/2007 Per Hunt Choice $ 1.25 (2) Passes and Permits (A) 2006/2007 Type A Season Pass $112.25 (B) 2006/2007 Type B Season Pass $ 37.25 (C) 2006/2007 Type A Two-Day Pass $ 24.25 (D) 2006/2007 One-Day Entry Permit $ 14.75 (c) Hunting Tags and Applications (1) Applications Processing Fees Fees (A) 2006/2007 $ 3.25 $ 19.00 California Resident First-Deer Tag Application (LRB 1371A (Rev. 4/2006), incorporated by reference herein) (B) 2006/2007 $ 3.25 $192.50 California Nonresident First-Deer Tag Application (LRB 1371B (Rev. 4/2006), incorporated by reference herein (C) 2006/2007 $ 3.25 $ 24.50 California Resident Second-Deer Tag Application (LRB 1371C (Rev. 4/2006), incorporated by reference herein) (D) 2006/2007 $ 3.25 $192.50 California Nonresident Second-Deer Tag Application LRB 1371D (Rev. 4/2006), incorporated by reference herein) (E) 2006/2007 $ 3.25 $ 29.25 California Resident Bear Tag Application (LRB 1365A (Rev. 4/2006), incorporated by reference herein) (F) 2006/2007 $ 3.25 $203.25 Nonresident Bear Tag Application (LRB 1365B (Rev. 4/2006), incorporated by reference herein) (G) 2006 Resident $ 7.50 $106.25 Antelope Drawing Application (Single) (LRB 1363 (Rev. 4/2006), incorporated by reference herein) (H) 2006 Resident $15.00 $106.25 Antelope Drawing Application (Party) (LRB 1363 (Rev. 4/2006), incorporated by reference herein) (I) 2006 Resident Elk $ 7.50 $318.50 Drawing Application (Single) (LRB 1364 (Rev. 4/2006), incorporated by reference herein) (J) 2006 Resident Elk $ 15.00 $318.50 Drawing Application (Party) (LRB 1364 (Rev. 4/2006), incorporated by reference herein) (K) 2006 Nelson $ 7.50 (Resident) Bighorn Sheep Drawing Application $300.25 (Single) (LRB 1362 (Rev. 4/2006), (Nonresiden- incorporated by t) reference herein) $500.00 (L) Bobcat Tags (Five) $ 12.00 (M) Deer Tags - $ 7.50 Exchange (d) Pursuant to the provisions of Section 699, Title 14, the department shall annually adjust the fees of all licenses, stamps, permits, tags, or other entitlement required by regulations set forth in this section. Note: Authority cited: Sections 200, 202, 203, 215, 220, 331, 332, 713, 1050, 1055, 1055.1, 1572, 4331, 4336 and 10502, Fish and Game Code. Reference: Sections 200, 202, 203, 203.1, 207, 210, 215, 219, 220, 331, 332, 713, 1050, 1055, 1570, 1571, 1572, 1573, 3950, 3951, 4302, 4330, 4331, 4332, 4333, 4336, 4340, 4341, 4652, 4653, 4654, 4655, 4657, 4750, 4751, 4752, 4753, 4754, 4755, 4902, 10500 and 10502, Fish and Game Code. s 705. Hunting and Fishing Licenses, Application for. The following procedure shall be followed in issuing hunting or sport fishing licenses: (a) A hunting or sport fishing license, except as provided in subsection 705 (b), Title 14, CCR, shall contain the following information about the licensee before being issued to the licensee: (1) True name (2) Residence address (3) Date of Birth (4) Height (5) Color of eyes (6) Color of hair (7) Weight (8) Sex (b) A sport fishing license issued pursuant to subsections 7149(a)(3) and 7149(c) of the Fish and Game Code shall contain the date of validity. (c) Notwithstanding the provisions of Fish and Game Code section 1053, a person may purchase a hunting or sport fishing license, license tags or license stamps for another person, as long as the application contains the licensee's true name and residence address. Prior to using any license or license stamps, the licensee shall complete the license so that it contains all of the information required in subsection (a) above. Note: Authority cited: Sections 1050 and 4331, Fish and Game Code. Reference: Sections 1050, 3031, 4331, 7145, 7149, 7149.2 and 7150, Fish and Game Code. s 706. Hunting and Fishing License, Validation of. Except as provided in subsection 705(b) above, every hunting or sport fishing license to be valid shall contain the information required in section 705 above, and it shall be signed by the licensee and the license shall show the date of issue. Note: Authority Cited: Section 200, 202, 203 and 205, Fish and Game Code.Reference: Sections 70, 200-205, 220, 221, 1050-1110, 2012, 3007, 3031, 3031.5, 3034, 3037, 3038, 3049, 3050, 3052, 3053, 3055, 3060-3063 and 7145-7150.5, Fish and Game Code. s 707. Licenses, Certificates, Permits and License Tags, Dating of. Except as provided in subsection 705(b) above, every person who issues any license, certificate, permit or license tag authorized by the Fish and Game Code, shall enter in the space provided on the license, certificate, permit or license tag the date it was issued, and when required by the department, shall maintain a record of the date issued in the manner prescribed by the department. Any license agent who issues a permit or license tag shall immediately enter the tag number in the space provided on the appropriate current license. Note: : Authority cited: Sections 200, 202, 203 and 205, Fish and Game Code. Reference:Sections 1050-1054.5, 1056, 1059-1110, 3034, 3037, 3038, 3050, 3053, 3055, 3060, 3063, 7146, 7149 and 7150, Fish and Game Code. s 708. Big Game License Tag, Application, Distribution and Reporting Procedures. (a) Deer License Tag Procedures and Requirements (1) Deer License Tags. No person shall hunt deer without a valid deer license tag in possession for that particular area as defined in sections 360 and 361. Deer shall be tagged only with a valid deer license tag for the area (as defined in sections 360 and 361) in which the deer is killed. Except as otherwise provided in the Fish and Game Code, no person shall take more than two deer during any license year. (2) Deer License Tag Application and Distribution Procedures. (A) Distribution of License Tags: 1. Premium deer hunt tags for X zones, additional hunts, and area-specific archery hunts shall be distributed by drawing, as described in subsection 708(g)(1) and (2), unless otherwise authorized. Applicants shall submit their deer tag application to the department at the address specified on the application. Applications must be received by the department by 5:00 p.m. on the first business day after June 1. Successful applicants will be selected by drawing within 10 business days following the application deadline date. If the drawing is delayed due to circumstances beyond the department's control, the department shall conduct the drawing at the earliest date possible. Successful and unsuccessful applicants will be notified by mail. 2. Except as noted in subsection 708(a)(2)(E) below, deer tags for A, B, C, and D zones and leftover drawing tags shall be issued upon request until each tag quota fills. If, on any given day, the number of applications received for any zone or hunt exceeds the number of available tags, the department may conduct a drawing for that zone or hunt. (B) Application Forms: Except for permits and deer tags issued pursuant to sections 4181.5, 4188, and 4334 of the Fish and Game Code, applications for deer tags, as specified in Section 702, may be made available to the public at designated license agents and department offices. (C) Application Procedures: 1. Applicants must be at least 12 years of age on or before July 1 of the license year for which they are applying or at the time of application if they are applying after July 1 and possess a California resident or nonresident hunting license valid for the deer hunting season for which they are applying, except applicants for additional junior deer hunts, who must possess a California junior hunting license. Two-day nonresident hunting licenses shall not be used to apply for deer tags. 2. No more than six persons may apply together as a party. To be considered as a party, all applications must be stapled together with the party leader's application on top and mailed in one envelope. All party members' applications must show the same tag choices in the same order of preference, the total number of persons in the party, and the party leader's name and identification number. All party members shall be awarded tags according to the choices listed on the party leader's application. Party applications for premium deer hunts shall not be split to meet the tag quota if the number of party members exceeds the number of available tags. Party applications which exceed the number of available tags shall be bypassed until the quota is reached. Incorrect or incomplete party applications will be separated and awarded tags on an individual basis. 3. Incomplete, incorrect, late or ineligible applications will be rejected. (D) Application Fee: The department shall require that the specified fee for a deer tag, as specified in Section 4332 of the Fish and Game Code, be paid as a prerequisite to obtaining a deer tag application. In addition to the tag fee, the department shall also charge a nonrefundable processing fee, as specified in Section 702, for each deer tag application. (E) Application Restrictions: 1. First-Deer Tag Application: a. Any person may use a first-deer tag application to apply for any premium deer hunt tag (X zone, additional hunt, or area-specific archery hunt) issued by drawing as specified in subsection 708(a)(2)(A)1. b. Any person may use a first-deer tag application to apply for an A, B, C, or D zone tag or archery-only tag issued upon request. c. Any person may use a first-deer tag application to apply for any premium deer hunt tag (X zone, additional hunt, or area-specific archery hunt) remaining on the first business day after July 1. Applications must be submitted to the department's License and Revenue Branch in Sacramento, unless otherwise specified by the department. 2. Second-Deer Tag Application: a. Any person may use a second-deer tag application to apply for an A or B zone tag or archery-only tag issued upon request. b. Any person may use a second-deer tag application to apply for any area-specific archery tag remaining on the first business day following July 1. Applications must be submitted to the License and Revenue Branch in Sacramento, unless otherwise specified by the department. c. Any person may use a second-deer tag application to apply for any C or D zone tag or additional hunt tag, except an additional junior hunt tag, remaining on the first business day following August 1. Applications may be submitted before that date to the License and Revenue Branch in Sacramento. d. Any person in possession of a valid junior hunting license, who has not used a first-deer tag application to apply for an additional junior hunt, may use a second-deer tag application to apply for an additional junior hunt tag issued by drawing as specified in subsection 708(a)(2)(A)1., and 708(g)(2)(A). A junior hunter may not submit more than one application for additional junior hunts. e. No person shall submit more than one first-deer tag application and one second-deer tag application to the department during any one license year. Any person in violation of this subsection may be denied deer tags for the current and following license year. (F) Deer Tag Exchange Fee: The department shall charge a nonrefundable processing fee, as specified in Section 702, for exchanging a deer tag for a different zone or hunt. (3) Tagging Requirements: Immediately upon killing a deer, both portions of the deer license tag must be completely filled out and the date of kill permanently marked on the deer license tag. The deer license tag must be attached to the antlers of an antlered deer or to the ear of any other deer and kept attached during the open season and for 15 days thereafter. Except as otherwise provided, possession of any untagged deer shall be a violation (refer to Fish and Game Code, Section 4336). (4) Tag Validation and Countersigning Requirements, and Transporting for the Purpose of: Any person legally killing a deer in this state shall have the deer license tag validated and countersigned by a person authorized by the commission as described below in subsection 708(a)(8) before transporting such deer, except for the purpose of taking the deer to the nearest person authorized to countersign the license tag, on the route being followed from the point where the deer was taken (refer to Fish and Game Code, Section 4341). (5) Deer Head Retention Requirements and Production Upon Demand: Any person taking any deer in this state shall retain in their possession during the open season thereon and for 15 days thereafter, that portion of the head which in adult males normally bears the antlers, and shall produce the designated portion of the head upon the demand of any officer authorized to enforce the provisions of this regulation (refer to Fish and Game Code, Section 4302). (6) Deer Tag Reporting Requirements: Every person to whom a deer tag is issued shall return the completed report card portion to the department within thirty days of taking a deer. (7) Deer Violations, Tag Forfeiture: Any person who is convicted of a violation involving deer shall forfeit their current year deer license tags and no new deer license tags may be issued to that person during the then current hunting license year, and that person may not apply for a deer tag for the following license year (refer to Fish and Game Code, Section 4340). (8) Deer and Elk Tags, Persons Authorized to Validate. The following persons are authorized to validate or countersign deer and elk tags: (A) State: 1. Fish and Game Commissioners 2. Employees of the Department of Fish and Game 3. Deputy Foresters 4. Assistant Deputy Foresters 5. Forest Rangers 6. Park Rangers--Grades 1, 2, 3, and 4 7. Supervising Plant Quarantine Inspectors 8. Junior, Intermediate and Senior Plant Quarantine Inspectors 9. Foresters 10. Fire Prevention Officers--Grades 1, 2, 3, and 4 11. Fire Captains 12. Fire Apparatus Engineers (B) Federal: (FS = U.S. Forest Service, FWS = U.S. Fish & Wildlife Service, BLM = Bureau of Land Management) 1. Range Technicians (BLM) 2. Forest Supervisors (FS) 3. Assistant Forest Supervisors (FS) 4. District Forest Rangers (FS) 5. Foresters (FS, BLM) 6. Range Conservationists (FS, BLM) 7. Forest Engineers (FS, BLM) 8. Forestry Aides (FS) 9. Fire Control Officers or Aides (FS, BLM) 10. Clerks (FS, FWS, BLM) while on duty at their headquarters 11. Game Management Agents (FWS) 12. Wildlife Management Biologists (FS, FWS, BLM) 13. District Managers (BLM) 14. Information Specialists (BLM) 15. Area Managers (BLM) 16. Realty Specialists (BLM) 17. Natural Resource Specialists (BLM) 18. Engineers (BLM) 19. Engineering Technicians (BLM) 20. Recreation Resource Specialists (BLM) 21. Geologists (BLM) 22. Recreation Aides (BLM) 23. All Uniformed Personnel of the National Park Service 24. Commanding officers of any United States military installation or their designated personnel for deer taken on their reservation. 25. Postmasters 26. Post Office Station or Branch Manager for deer brought to their post office. (C) Miscellaneous: 1. County firemen at and above the class of foreman for deer brought into their station. 2. Judges or Justices of all state and United States courts. 3. Notaries Public 4. Peace Officers 5. Nonsalaried police officers or deputy sheriffs while on scheduled duty in a city or county of appointment for deer brought to a police station or sheriff's office 6. Officers authorized to administer oaths 7. Owners, corporate officers, managers or operators of lockers or cold storage plants for deer brought to their place of business. (D) No person may validate or countersign their own tag. (b) Distribution of Bighorn Sheep License Tags: (1) Fund-raising Nelson bighorn ram license tags: Fund-raising license tags for the taking of mature Nelson bighorn rams shall be sold for the purpose of raising funds to manage bighorn sheep. The department may designate a nonprofit organization to sell this fund-raising tag. Any resident or nonresident is eligible to buy the tag. The purchaser of a fund-raising license tag shall complete a required hunter orientation program conducted by the department and meet the hunter education requirements for a hunting license. The fund-raising license tags are defined as follows: (A) Open-zone fund-raising license tags: These fund-raising license tags are valid in any of the areas described in subsection 362(a). (2) General Nelson bighorn ram license tags: The application form, as specified in Section 702, may be made available to the public at designated license agents and department offices. Applicants must be California residents or nonresidents, at least 16 years of age on or before July 1 of the license year for which they are applying, possessing a California hunting license valid during the bighorn ram season for which they are applying, and must not have been previously issued a bighorn license tag in California. Two-day nonresident hunting licenses shall not be used to apply for Nelson bighorn sheep tags. Applicants must apply for only one designated zone. No person shall submit more than one application. Applicants shall submit the application with a nonrefundable processing fee, as specified in Section 702, to the department at the address specified on the application. Applications must be received before 5:00 p.m. on the first business day after June 1. Incomplete, late and ineligible applications and applications submitted without the appropriate processing fee will not be included in the drawing. Successful applicants and a list of alternates for each zone shall be determined by drawing within 10 business days following the application deadline date. If the drawing is delayed due to circumstances beyond the department's control, the department shall conduct the drawing at the earliest date possible. No more than one nonresident shall be selected to receive a general license tag. Unsuccessful applicants will not be notified. Successful applicants will be mailed notification as soon as practical. Upon receipt of the notification, the applicant shall submit the appropriate tag fee, as specified in Section 702, to the Department of Fish and Game, License and Revenue Branch, 3211 S Street, Sacramento, CA 95816. The tag fee shall be received by the department by 5:00 p.m. on the Monday following the second Saturday in July. Should the quota for each zone remain unfilled after that date, the alternate lists shall be used. Successful applicants shall be issued tags only after successfully completing the required hunter orientation program conducted by the department. (3) Tagholder Responsibilities: (A) Only persons possessing valid Nelson bighorn sheep license tags are entitled to hunt bighorn sheep. Tags shall not be transferable and are valid only in the zone or zones specified. (B) Individuals awarded a fund-raising license tag and all successful applicants for general license tags shall attend and successfully complete a mandatory hunter orientation program. Licensed guides employed by successful applicants and the fund-raising license tag buyer shall accompany their clients to this orientation program. (C) All successful bighorn sheep tagholders shall have their tags validated. All tags must be returned to the department within 10 days after the close of the season, even though the tagholder may not have killed a Nelson bighorn ram. (D) Tags must be completed and attached to the carcass of a bighorn ram immediately after the animal is killed. All successful bighorn sheep tagholders shall have their tags validated. (E) All tagholders will be notified by mail as to whether they will be required to report to the department before hunting and upon completion of hunting. The notification shall contain procedures for reporting, including appropriate methods of contacting the department. (F) The tagholder shall surrender his tag to an employee of the department for any or all of the following reasons: 1. Any act on the part of the tagholder which violates any of the provisions of the Fish and Game Code, or any regulations of the commission. 2. Any act on the part of the tagholder which endangers the person or property of others. The decision of the department in such respects shall be final and binding upon the tagholder. (c) Distribution of Pronghorn Antelope License Tags: (1) The pronghorn antelope license tags shall be issued by drawing, as described in subsection 708(g)(5)(A) and (B). Application forms, as specified in Section 702, may be made available to the public at designated license agents and department offices. Each applicant must be a California resident, at least 12 years of age on or before July 1 of the license year for which they are applying, and possess a California hunting license valid during the pronghorn antelope season for which they are applying. Applicants for the junior pronghorn antelope hunts must be California residents possessing a junior hunting license valid during the pronghorn antelope season for which they are applying. Two-day nonresident hunting licenses shall not be used to apply for pronghorn antelope tags. No person shall submit more than one application for a pronghorn antelope license tag. No more than two persons shall apply together as a party. To be considered as a party, both persons must apply on the same application for the same tag choice. Incomplete, late and ineligible applications and applications submitted without the appropriate processing fee will not be included in the drawing. (2) Applicants shall submit the application with a nonrefundable processing fee, as specified in Section 702, to the department at the address specified on the application. Applications must be received before 5:00 p.m. on the first business day after June 1. Successful applicants and a list of alternates for each hunt shall be determined by drawing within 10 business days following the application deadline date. If the drawing is delayed due to circumstances beyond the department's control, the department shall conduct the drawing at the earliest date possible. Except as provided in subsection 708(g)(5)(A)5., party applications drawn for the last tag available for a hunt will be split and the party leader (first person listed) as indicated on the application form shall be awarded the pronghorn antelope license tag. The party member shall become the first alternate for that hunt. Unsuccessful applicants will not be notified. Successful applicants will be mailed notification as soon as practical. Upon receipt of the notification the applicant shall submit the appropriate tag fee, as specified in Section 702, to the department's License and Revenue Branch, 3211 S Street, Sacramento, CA 95816. The tag fee shall be received by the department by 5:00 p.m. on the Monday following the second Saturday in July. Should the quota for each zone remain unfilled after that date, the alternate list shall be used. In the event only one pronghorn antelope license tag is available to an alternate, party applications will be split and the alternate tag shall be awarded to the party leader as indicated on the application form. Undistributed tags will be issued after the drawing. Any tags unclaimed by successful applicants after that date shall be awarded to alternates for that zone, on an individual basis, in the order drawn. Any remaining tags may be issued to alternates for other zones. (3) Fund-raising License Tags: Fund-raising license tags for the taking of buck pronghorn antelope shall be offered for sale to raise funds for the management of pronghorn antelope. Any resident or nonresident is eligible to buy one of the fund-raising license tags. The sale price of a fund-raising license tag includes the fee for processing and issuing a hunting license. The purchaser shall be issued the fund-raising license tag only after meeting the hunter education requirements for a hunting license. (4) Tagholder Responsibilities: (A) Only persons possessing valid pronghorn antelope license tags are entitled to hunt pronghorn antelope during these hunts. Tags shall not be transferable and are valid only in the area, season, and period specified on the tag. (B) All tagholders must return the report card portion of their license tag to the department within one week after the close of the pronghorn antelope season, even though the tagholder may not have killed a pronghorn antelope. (C) The holder of a pronghorn antelope license tag, immediately after killing a pronghorn antelope, shall fill out both parts of the tag and mark permanently the date of kill. The tag portion shall be immediately attached to a horn of buck pronghorn antelope or to an ear of doe pronghorn antelope and kept attached for 15 days after the close of the open season. (D) The tagholder shall surrender his license tag to an employee of the department for any of the following reasons: 1. Any act on the part of the tagholder which violates any of the provisions of the Fish and Game Code, or any regulations of this commission. 2. Any act on the part of the tagholder which endangers the person or property of others. The decision of the department in such respects shall be final and binding upon the tagholder. (d) Distribution of Elk License Tags: (1) Three fund-raising license tags for the taking of elk bulls shall be offered for sale to raise funds for the management of elk. The department may designate a nonprofit organization or organizations to sell the fund-raising tags. Any resident or nonresident is eligible to buy one of the license tags. The purchase of fund-raising tags shall complete required hunter orientation programs conducted by the department and meet the hunter safety requirements for a hunting license. (2) Application forms for elk tags, as specified in Section 702, may be made available to the public at designated license agents and department offices. Each applicant must be a California resident at least 12 years of age on or before July 1 of the license year for which they are applying, and possess a California hunting license valid during the elk season for which they are applying. Two-day nonresident hunting licenses shall not be used to apply for elk tags. No person shall submit more than one application for an elk license tag. No more than two persons shall apply together as a party. To be considered as a party, both persons must apply on the same application for the same tag choice. Incomplete, late and ineligible applications and applications submitted without the appropriate processing fee will not be included in the drawing. (3) The elk hunting license tags shall be issued by drawing, as described in subsection 708(g)(4)(A) and (B). Applicants shall submit the application with a nonrefundable processing fee, as specified in Section 702, to the department at the address specified on the application. Applications must be received before 5:00 p.m. on the first business day after June 1. Except as provided in subsection 708(g)(4)(A)5., party applications drawn for the last tag available for a hunt will be split and the party leader (first person listed) as indicated on the application form shall be awarded the elk tag. The party member shall become the first alternate for that hunt. Successful applicants and a list of alternates for each hunt will be determined by drawing within 10 business days following the application deadline date. If the drawing is delayed due to circumstances beyond the department's control, the department shall conduct the drawing at the earliest date possible. Unsuccessful applicants will not be notified. Successful applicants and alternates will be mailed notification as soon as practical. Upon receipt of the notification, the applicant shall submit the tag fee, as specified in Section 702, to the department's License and Revenue Branch, 3211 S Street, Sacramento, CA 95816. The tag fee shall be received by the department by 5:00 p.m. on the Monday following the second Saturday in July. Any tags unclaimed by successful applicants after that date shall be awarded to alternates for that hunt, on an individual basis, in the order drawn. Any remaining tags may be issued to alternates for other zones. (4) Tagholder Responsibilities: (A) All tagholders must return their license tags to the department within one week after the close of the elk season, even though the tagholder may not have killed an elk. (B) License tags must be attached to the antler of an antlered elk, or to the ear of antlerless elk immediately after killing. (C) Persons authorized to validate or countersign elk tags are listed in Section 708(a)(8). Elk tags must be countersigned before transporting such elk, except for the purpose of taking it to the nearest person authorized to countersign the license tag on the route being followed from the point where the elk is taken. (D) Only persons possessing valid elk license tags are entitled to take elk. Tags are not transferable and are valid only for the area and period specified. (E) The tagholder shall surrender his tag to an employee of the department for any or all of the following reasons: 1. Any act on the part of the tagholder which violates any of the provisions of the Fish and Game Code, or any regulations of the commission made pursuant thereto. 2. Any act on the part of the tagholder which endangers the person or property of others. The decision of the department shall be final. (F) Elk may be taken on Santa Rosa Island pursuant to a permit issued by the department. For methods of take, see sections 353 and 354. (e) Bear License Tags. (1) Application for Bear License Tags: (A) With the exception of permits and tags issued pursuant to section 4181 of the Fish and Game Code, all bear license tag applications shall be submitted on forms provided by the department. (B) The department shall require that the specified fee provided for in section 4751 of the Fish and Game Code for such bear license tags be paid as a prerequisite to obtaining a bear license tag application. (C) The department shall charge a nonrefundable processing fee, as specified in Section 702, for each bear tag application. (D) Only one bear license tag application may be submitted to the department during any one license year. Any person who submits more than one bear license tag application may be denied bear license tags for the current license year. (2) Distribution of bear tags: Applications for bear tags, as specified in Section 702, may be available to the public at designated license agents and department offices. Tags will be issued at designated department offices. (3) Use of Guides: Any holder of a bear license tag who utilizes the services of a guide or guides shall verify that the guide is in possession of a valid guide's license and shall place the guide's license number on the bear license tag in the space provided. (4) Use of Dogs: Any holder of a bear license tag who utilizes dogs to take bear shall so indicate on his bear license tag in the space provided. (5) Validation of Bear Tags: Only department employees may validate bear tags (This provision supersedes section 4755 of the Fish and Game Code). Bear tags must be countersigned before transporting such bear except for the purpose of taking it to the nearest person authorized to countersign the license tag, on the route being followed from the point where the bear is taken. (6) Return of Bear License Tags: (A) Every person who takes a bear shall immediately return the report card portion of the bear license tag, after having the tag countersigned as required in (e) above. The tag may be presented to a department office/officer or returned through the United States Mail. (B) Every person who is unsuccessful in taking bear shall return the report card portion of the bear license tags by February 1 of the current license year. The tag may be presented to a department office/officer or returned through the United States Mail. (f) Application For and Use of Wild Pig License Tags: (1) Any person, 12 years of age or older, who possesses a valid hunting license may procure wild pig license tags as specified in Section 4654 of the Fish and Game Code. (2) Resident and nonresident wild pig license tags will be sold individually. (3) Wild pig license tags are valid only during that portion of the current hunting license year in which wild pigs may be legally harvested as provided in subsection 368(a). (4) Any person hunting wild pigs shall carry a wild pig license tag while hunting wild pigs, and upon the killing of any wild pig shall immediately fill out both parts of the tag, clearly mark the date of the kill and attach the tag to the carcass of the wild pig. The report card portion shall be immediately returned to the department. (g) Big Game Drawing System (1) General Conditions (A) Except as otherwise provided, the department shall award license tags for premium deer (X zones, additional hunts, and Area-specific archery hunts), bighorn sheep, elk and pronghorn antelope hunts, as described in sections 360(b) and (c), 361, 362, 364 and 363, using a Modified-Preference Point drawing system. (B) Except as otherwise provided, the Modified-Preference Point drawing system shall award proportions of hunt tag quotas, as specified for each species, using the following drawing methods: 1. Preference Point Drawings. Tags are awarded based on the following order of priority: an applicant's hunt choice (first choice only for deer), accumulated point totals by species (highest to lowest), and computer-generated random number (lowest to highest). 2. Draw-By-Choice Drawings. Tags are awarded according to an applicant's hunt choice and computer-generated random number (lowest to highest), without consideration of accumulated points. (C) Except as otherwise provided, applicants unsuccessful in receiving a tag for premium deer (based on first choice selection), bighorn sheep, elk or pronghorn antelope hunts shall earn one (1) preference point for use in future Big Game Drawings. (D) To earn and accumulate a point for any species, a person must comply with all application requirements for that species as specified in subsections 708(a), (b), (c) and (d), including the following conditions: 1. Applicants must be at least 12 years of age on or before July 1 of the license year for which they are applying (16 years of age for bighorn sheep applications). 2. Applicants must possess a California hunting license valid for the hunting season requested (applicants for junior deer hunts must possess a junior hunting license). Applicants must provide evidence of such license at the time of application. 3. Applicants for elk and pronghorn antelope hunts must be California residents. 4. Applications for bighorn sheep, pronghorn antelope and elk hunts must include the appropriate nonrefundable processing fees. 5. Applications must be received by the department's License and Revenue Branch by 5:00 p.m. on the first business day after June 1. 6. Except for junior deer hunt applicants, applicants shall not submit more than one drawing application for each species during the same license year. (E) No applicant shall earn more than one (1) preference point per species, per drawing, for use in future drawings. Preference points are accumulated by species and shall not be transferred to another species or another person. Preference points are not zone or hunt specific. (F) Except as otherwise provided, successful applicants receiving tags for their first choice premium deer, bighorn sheep, elk or pronghorn antelope hunts shall lose all preference points for that species. (G) For party applications, the department shall use the average preference point value of all party members (total preference points for the party divided by number of party members) as the basis for consideration in the drawing for that species. Point averages shall not be rounded. (H) Except as otherwise provided, persons who do not wish to apply for an antelope, elk, bighorn sheep or premium deer tags may earn one (1) preference point for any or all of these species, by submitting the appropriate application(s), as specified in subsections 708 (a), (b), (c) and (d), and writing the point code number for that species, as defined by the department, in the hunt choice box (first choice only for deer). Persons applying for a preference point in this manner shall be subject to the same application requirements as regular drawing applicants as specified in subsection 708(g)(1)(D). (I) The department shall maintain records of preference points earned by individual applicants based on the hunter identification number provided on each application (driver's license number, Department of Motor Vehicles identification number, or hunter identification number assigned by the department). Applicants shall notify the department's License and Revenue Branch, at 3211 S Street, Sacramento, CA 95816, in writing, of any changes or corrections regarding name, mailing address, date of birth or hunter identification number. (J) Persons not applying for premium deer, bighorn sheep, elk, or pronghorn antelope hunts through the department's Big Game Drawings for five (5) consecutive years shall have their preference points for that species reduced to zero (0). For the purposes of this subsection, persons whose applications are disqualified from drawing shall be considered the same as persons not applying. Applying for preference points as described in (H) above, will keep an applicant's file active. (2) Premium Deer Hunts (A) Except for junior deer hunt applicants, as specified in subsection 708(a)(2)(E), persons must use a first-deer tag application to apply for premium deer hunts through the department's Big Game Drawing. (B) License tags for premium deer hunts (except junior deer hunts) shall be awarded based on the following: 1. Ninety percent (90%) of the individual zone or hunt tag quota shall be awarded using a Preference Point drawing. Tag quota splits resulting in decimal fractions of a tag shall be rounded to the next higher whole number. 2. Ten percent (10%) of the individual zone or hunt tag quota shall be awarded using a Draw-By-Choice drawing. Tag quota splits resulting in decimal fractions of a tag shall be rounded to the next lower whole number. 3. For zones or hunts with quotas less than ten (10) tags, one (1) tag shall be awarded using a Draw-By-Choice drawing. Remaining tags shall be awarded using a Preference Point drawing. 4. Tags awarded to applicants for second or third choice zones or hunts shall be through a Draw-By-Choice drawing and shall not result in loss of accumulated points. (C) License tags for junior deer hunts (J Hunts) as described in subsection 360(c) shall be awarded based on the following: 1. Fifty percent (50%) of the hunt tag quota shall be awarded through a Preference Point drawing. Tag quota splits resulting in decimal fractions of a tag shall be rounded to the next higher whole number. 2. Fifty percent (50%) of the hunt tag quota shall be awarded through a Draw-By-Choice drawing. Tag quota splits resulting in decimal fractions of a tag shall be rounded to the next lower whole number. (D) A junior hunter applying for premium deer hunts (X zones, Area-specific archery hunts, and additional hunts) on a first-deer tag application and a second-deer tag application shall: 1. Receive a point only if he/she is unsuccessful in the big game drawing with his/her first choice on both applications. 2. Lose all preference points for deer if he/she receives his/her first choice on either application. (3) Bighorn Sheep Hunts (A) Successful bighorn sheep tag applicants shall be determined as follows, based on tag quotas for each hunt. 1. For quotas of one, the tag shall be awarded using a Draw-By-Choice drawing. 2. For quotas of two, one tag shall be awarded using a Preference Point drawing, and one tag shall be awarded using a Draw-By-Choice drawing. 3. For quotas of three, two tags shall be awarded using a Preference Point Drawing, and one tag shall be awarded using a Draw-By-Choice drawing. 4. For quotas of four or more, seventy-five percent (75%) of the quota shall be awarded using a Preference Point drawing. Any resulting fractional tag shall be rounded to the next higher whole number. The remaining portion of the quota shall be awarded using a Draw-By-Choice drawing. (B) Alternates shall be selected for each hunt using a Preference Point Drawing. (4) Elk Hunts (A) Successful elk tag applicants shall be determined as follows, based on tag quotas for each hunt or hunt period. 1. For quotas of one, the tag shall be awarded using a Draw-By-Choice drawing. 2. For quotas of two, one tag shall be awarded using a Preference Point drawing, and one tag shall be awarded using a Draw-By-Choice drawing. 3. For quotas of three, two tags shall be awarded using a Preference Point drawing, and one tag shall be awarded using a Draw-By-Choice drawing. 4. For quotas of four or more, seventy-five percent (75%) of the quota shall be awarded using a Preference Point drawing. Any resulting fractional tag shall be rounded to the next higher whole number. The remaining portion of the quota shall be awarded using a Draw-By-Choice drawing. 5. Party applications shall be split as described in Section 708(d)(3) to fill the last tag available through the Preference Point drawing. Party applications shall not be split to fill the last tag available through the Draw-By-Choice drawing. (B) Alternates shall be selected for each hunt or hunt period using a Preference Point drawing. (5) Pronghorn Antelope Hunts (A) Successful pronghorn antelope tag applicants shall be determined as follows, based on tag quotas for each hunt or hunt period. 1. For quotas of one, the tag shall be awarded using a Draw-By-Choice drawing. 2. For quotas of two, one tag shall be awarded using a Preference Point drawing, and one tag shall be awarded using a Draw-By-Choice drawing. 3. For quotas of three, two tags shall be awarded using a Preference Point drawing, and one tag shall be awarded using a Draw-By-Choice drawing. 4. For quotas of four or more, seventy-five percent (75%) of the quota shall be awarded using a Preference Point drawing. Any resulting fractional tag shall be rounded to the next higher whole number. The remaining portion of the quota shall be awarded using a Draw-By-Choice drawing. 5. Party applications shall be split as described in Section 708(c)(2) to fill the last tag available through the Preference Point drawing. Party applications shall not be split to fill the last tag available through the Draw-By-Choice drawing. (B) Alternates shall be selected for each hunt or hunt period using a Preference Point drawing. Note: Authority cited: Sections 200, 202, 203, 215, 219, 220, 331, 332, 1050, 1572, 4302, 4331, 4336, 4340, 4341 and 10502, Fish and Game Code. Reference: Sections 200-203.1, 207, 210, 215, 219, 220, 331, 332, 713, 1050, 1570-1572, 3950, 3951, 4302, 4330-4333, 4336, 4340, 4341, 4652-4655, 4657, 4750-4756, 4902, 10500 and 10502, Fish and Game Code. s 710. Hunter Education Training Equivalency. (a) The department may evaluate the quality and coverage of hunter education courses offered by other countries, their political subdivision, or by the Armed Forces of the United States. Upon satisfactory evidence that a course fully meets or exceeds the requirements of the California hunter education course, the department may issue to graduates of such courses a California Certificate of Equivalency. (NOTE: See section 3050 (a)(3) of the Fish and Game Code regarding hunter safety certificates from other states.) (b) The department shall prepare a comprehensive hunter education equivalency examination, to be administered to qualified applicants. Pass/fail criteria will be established by the department. Qualification to take the equivalency examination must include affirmation that the applicant has not previously taken and failed the examination. Applicants who successfully pass the equivalency examination will be issued a hunter education certificate of equivalency. Note: Authority cited: Sections 1050, and 3050, Fish and Game Code. Reference: Sections 711, 1050, and 3049-3055, Fish and Game Code. s 711. Cold Storage/Frozen Food Locker Plant Records. (a) Any person operating a cold storage plant or frozen food locker plant where game birds or game mammals, or parts thereof, taken pursuant to a hunting license are processed, preserved or stored, shall prepare and maintain the following records: (1) name and address of residency of the individual who delivers the game bird or game mammal to the facility; (2) name, address of residency and hunting license number, and tag number if applicable, of the individual who took the game bird or game mammal; (3) location of kill -State__________ County__________ Deer Zone or Special Hunt Number__________; (4) species; and (5) date received. (b) The records required by this section shall be maintained at the facility for a period of one year for each game bird or game mammal retained, and shall be open for inspection by wardens of the Department. Note: Authority cited: Section 200, Fish and Game Code. Reference: Sections 200 and 3086, Fish and Game Code. s 712. Restriction of Importation of Hunter-Harvested Deer and Elk Carcasses. No hunter harvested deer or elk (cervid) carcass or parts of cervid carcass shall be imported into the State, except for the following body parts: (a) boned-out meat and commercially processed cuts of meat. (b) portions of meat with no part of the spinal column or head attached. (c) hides with no heads attached. (d) clean skull plates (no meat or tissue attached) with antlers attached. (e) antlers with no meat or tissue attached. (f) finished taxidermy heads. (g) upper canine teeth (buglers, whistlers, ivories). Note: Authority cited: Sections 200, 203, 240 and 2355, Fish and Game Code. Reference: Sections 200, 203 and 2355, Fish and Game Code. s 720. Designation of Waters of Department Interest. For the purpose of implementing Sections 1601 and 1603 of the Fish and Game Code which requires submission to the department of general plans sufficient to indicate the nature of a project for construction by or on behalf of any person, governmental agency, state or local, and any public utility, of any project which will divert, obstruct or change the natural flow or bed of any river, stream or lake designated by the department, or will use material from the streambeds designated by the department, all rivers, streams, lakes, and streambeds in the State of California, including all rivers, streams and streambeds which may have intermittent flows of water, are hereby designated for such purpose. Note: Authority cited: Sections 1601 and 1603, Fish and Game Code. Reference: Sections 1601 and 1603, Fish and Game Code. s 730. Camping Near or Occupying Wildlife Watering Places. (a) Camping/Occupying Defined. For purposes of this Section, camping/occupying is defined as establishing or inhabiting a camp; resting; picnicking; sleeping; parking or inhabiting any motor vehicle or trailer; hunting; or engaging in any other recreational activity for a period of more than thirty (30) minutes at a given location. (b) Wildlife Watering Places Defined. For purposes of this Section, wildlife watering places are defined as waterholes, springs, seeps and man-made watering devices for wildlife such as guzzlers (self-filling, in-the-ground water storage tanks), horizontal wells and small impoundments of less than one surface acre in size. (c) Prohibitions. (1) Camping/Occupying is prohibited within 200 yards of the following: (A) Any guzzler or horizontal well for wildlife on public land within the State of California. (B) Any of the wildlife watering places on public land within the boundary of the California Desert Conservation Area as depicted on the Bureau of Land Management maps of "Calif. Federal Public Lands Responsibility," "Calif. Desert Conservation Area" and the new "Desert District, B.L.M." (2) Camping/Occupying is prohibited within one-quarter mile of the following wildlife watering places: (A) Butte Well -T31N, R14E, Section 28, NE1/4, M.D.B.M., Lassen County. (B) Schaffer Well -T31N R14E, Section 25, Center, M.D.B.M., Lassen County. (C) Tableland Well -T31N, R14E, Section 17, SE1/4, M.D.B.M., Lassen County. (D) Table Mountain Well -T31N, R14E, Section 32, SE1/4, M.D.B.M., Lassen County. (E) Timber Mountain Well -T44N, R6E, Section 33, M.D.B.M., Modoc National Forest, Modoc County. (F) Belfast Well -T31N, R14E, Section 31, NE1/4, M.D.B.M., Lassen County. Note: Authority cited: Section 308.5, Fish and Game Code. Reference: Section 308.5, Fish and Game Code. s 740. Oil Sumps Hazardous to Wildlife. (a) Definitions: (1) (Reserved) (2) "Oil sump" means any open depression or basin in the ground, whether manmade or natural, which contains oil or a combination of oil and water. (3) "Hazardous" means a condition within an oil sump where over ten percent of the surface area, or over 100 square feet is covered with a coating of oil. (b) Notification to State Oil and Gas Supervisor: Within five (5) days after finding an oil sump hazardous or of immediate and grave danger to wildlife, the department shall notify the State Oil and Gas Supervisor. The notification shall clearly specify one of the following: (1) The oil sump is hazardous to wildlife but does not constitute an immediate or grave danger to wildlife. (2) The oil sump constitutes an immediate and grave danger to wildlife. (c) Exceptions: (1) Oil sumps which are adequately screened or eliminated pursuant to Section 1016 of the Fish and Game Code and Sections 3780-3784 of the Public Resources Code are excepted from the provisions of this section. (2) Oil sumps that are an integral part of refinery operations shall be excepted from subsection (a)(2) above. Note: Authority cited: Section 1016, Fish and Game Code. Reference: Section 1016, Fish and Game Code. s 744. Limitations on Public Benefits for Aliens. Note: Authority cited: Section 702, Fish and Game Code. Reference: Sections 2536, 3200, 3201, 3240.5, 3300, 3401, 3406, 4030, 4032, 6650, 7850, 7920, 8030 and 8460, Fish and Game Code; and 8 U.S.C. Sections 1621, 1641 and 1642. s 745. Guide Licenses. Revocable guide licenses may be issued as follows: (a) License Application. Applications shall be submitted on forms furnished by the department. Applications shall be accompanied by the required license fee and proof that the applicant possesses a surety bond in the amount of $1,000 to insure faithful performance of the applicant and the applicant's agents or employees in fulfilling their responsibilities to their clients. (1) In addition to other information requested, applicant shall certify that he has not been convicted of any fish and game violation or forfeited bail in connection with any such violation in the preceding 24 months. (b) License Year. Guide licenses shall be valid from February 1 through January 31 of the following year. Guide licenses issued after the beginning of the license year shall be valid for the remainder thereof. (c) License Revocation. Upon the conviction of a licensed guide for violation of any provision of the Fish and Game Code or any regulation adopted pursuant thereto, or upon the violation of any such law or regulation by any client of such guide when the violation has been knowingly permitted by the guide or an employee or assistant of such guide, the department shall inform the commission of such violation. The commission may thereafter revoke the guide license. The licensee shall be notified of the revocation proceedings and shall be provided an opportunity to be heard. Any person who has had his guide license revoked shall not act as a guide or assist any guide during the period of revocation. (d) Notice to Clients. Prior to guiding any person to a place where such person intends to take any bird, mammal, fish, amphibian, or reptile, a licensed guide shall furnish a written statement to the person to be guided. Such statement must contain information describing the services which the guide agrees to perform, the cost of those services, and the guide's license number. A copy of such statement shall be available to the department or its representatives upon request. (e) Records. Each guide, when guiding for big game mammals or fish, shall make a record of each guided trip on forms furnished by the department. The record shall contain the name, address, and license number of each person being guided and the purpose of the trip. The guide record shall be in the field with the guide and client during the trip and shall be shown on demand to any department representative. If big game mammals or fish are taken on the trip, the record shall show the number of animals, species, location taken (section, township, and range), and tag number if a tag is required. Such records shall be completed immediately upon returning to the vehicle, camp, or headquarters, whichever is closest to the site where the animals were taken. Such records shall be accurate, legible, and complete. The completed original record of guided hunting or fishing trips during the month shall be received by the department no later than the 10th day of the following month and all records for the preceding month shall be included in one mailing. The duplicate copy of the record shall be retained by the licensed guide for a period of one year. The records shall be shown on demand to any department representative. Failure of a guide to comply with subsection (e) shall be sufficient cause for the department to refuse to issue a new license to such guide or to revoke a current license. Note: Authority cited: Sections 2535-2546, Fish and Game Code . Reference: Sections 2535-2546, Fish and Game Code. s 745.5. Revocation or Suspension of Hunting or Sport Fishing Privileges. (a) The commission may suspend or revoke a person's hunting or sport fishing license or permit privileges, provided that: (1) in a court of law the person is convicted of a violation of any provision of the California Fish and Game Code; any provision of Title 14, California Code of Regulations; or any other provision of law intended to protect fish and wildlife of the State of California; and (2) the commission complies with the procedures set forth in section 746, Title 14, California Code of Regulations. (3) the hearing officer determines the person committed the offense intentionally, knowingly, or recklessly. (b) A person whose license or permit privileges have been suspended or revoked pursuant to Fish and Game Code Section 12154, 12155, or 12156 may appeal the revocation to the commission, and the commission shall comply with the procedures set forth in subdivision (a) of section 746, Title 14, California Code of Regulations. (c) The procedures set forth in section 746, Title 14, California Code of Regulations shall not apply to a person described in subdivision (a) of Fish and Game Code Section 4340 and 4754. (d) As used in this section, "license or permit privileges" means the privilege of applying for, purchasing, and exercising the benefits conferred by a license or permit issued by the Department of Fish and Game. (e) Any person whose license or permit privileges have been suspended or revoked shall be subject to the terms of the Wildlife Violator Compact as set forth in Fish and Game Code Section 716. Note: Authority cited: Section 12155.5, Fish and Game Code. Reference: Sections 4340, 4754, 12154, 12155, 12155.5 and 12156, Fish and Game Code. s 746. Procedures for License or Permit Revocations, Suspensions, Reinstatements, Transfers or Waivers of Renewal Requirements Including Hunting and Sport Fishing License or Permit Privileges. Except where revocation, suspension, transfer, reinstatement or waiver of renewal requirement procedures are specifically provided for by the Fish and Game Code or regulations made pursuant thereto, the commission, pursuant to the provisions of Section 309 of the Fish and Game Code, shall comply with the following minimum safeguards to afford each applicant, licensee or permittee procedural and substantive due process when the commission considers revocation, suspension, transfer, reinstatement or waiver of renewal requirements for a license or permit including hunting and sport fishing license or permit privileges. (a) In the case where the applicant, licensee or permittee has already been convicted of a violation of the Fish and Game Code or any regulation pertaining to the activity licensed or permitted by said code, the commission shall comply with the following: (1) The commission's president may appoint a commissioner, the commission's legal counsel, a former Executive Director of the commission, or a member of the State Bar of California with at least ten years' experience in the active practice of law and determined qualified by the president, to serve as a hearing officer. (2) The hearing shall be held at such time and location determined by the hearing officer with due consideration for the convenience of the parties and the ends of justice. The hearing officer may engage in exparte communications with the parties for the purpose of setting a time and place of hearing. (3) The commission shall notify the applicant, licensee or permittee, by certified letter, of the commission's intent to consider the revocation or suspension of his or her license or permit privileges. The certified letter shall include the following information: (A) Name of applicant, licensee or permittee and last known address the Department of Fish and Game has on file. (B) Date, time and place of scheduled hearing. (C) Reason for potential commission action, including a statement as to the date and fact of conviction. (D) A copy of Section 746, Title 14, California Code of Regulations. (E) A statement that the applicant, licensee or permittee has the right to appear and to be represented by counsel. (F) A statement that any continuance of the scheduled hearing date may be obtained only through compliance with subsection (d) of Section 746, Title 14, California Code of Regulations. (4) The proceedings of the hearing shall be recorded by a court reporter or an electronic tape recording system. (5) The hearing shall be conducted by the hearing officer who shall control the nature and order of the proceedings. (6) At the hearing, the hearing officer shall read the conviction documents. The department shall provide the hearing officer with the background information regarding the violation and conviction and shall submit into the record a copy of a document which includes the facts of the conviction of a violation of regulation or statute. (7) The applicant, licensee or permittee shall make his or her statement regarding the violation and conviction, and may argue that extenuating circumstances were such as to not warrant the loss of his or her license or permit privileges. (8) The hearing officer may examine any party or witness. (9) Within 30 days of the conclusion of the hearing, the hearing officer shall prepare and submit to the executive director a proposed decision which shall include proposed findings or reasons for the commission's action. (10) Upon receipt of the proposed decision, the commission shall provide counsel or, if appearing pro se, the applicant, licensee or permittee, by certified mail, a copy of the hearing officer's proposed decision. (11) At a meeting of the commission, no later than 60 days following receipt of the hearing officer's proposed decision, the commission shall consider adoption of the proposed decision. The commission may by order adopt, revise or reject the proposed decision. The commission shall serve counsel or, if appearing pro se, the applicant, licensee or permittee, by certified mail, a copy of the commission's order and decision. The order is final. (12) The applicant, licensee or permittee may request judicial review by filing a petition for writ of mandate in accordance with provisions of the Code of Civil Procedure within 30 days from the date of service (postmark) of the order. The record of the proceedings as designated by the petitioner shall be prepared by the commission and delivered to petitioner's counsel or, if appearing pro se, the petitioner within 30 days after petitioner's request and upon payment of the fee specified in Section 69950 of the Government Code. (b) In the case where the applicant, licensee or permittee has not been convicted of a violation of the Fish and Game Code or any regulation pertaining to the activity licensed or permitted by said code, but has been cited by the department, the commission shall comply with the following: (1) The commission's president may appoint a commissioner, the commission's legal counsel, a former Executive Director of the commission, or a member of the State Bar of California with at least ten years experience in the active practice of law and determined qualified by the president, to serve as a hearing officer. (2) The hearing shall be held at such time and location determined by the hearing officer with due consideration for the convenience of the parties and the ends of justice except that any hearing requested by the holder of a commercial lobster permit, pursuant to Section 8254.7 of the Fish and Game Code, shall be held within the time specified therein. The hearing officer may engage in exparte communications with the parties for the purpose of setting a time and place of hearing. (3) The commission shall notify the applicant, licensee or permittee, by certified letter, of the commission's intent to consider the revocation or suspension of his or her license or permit privileges. The certified letter shall include the following information: (A) Name of applicant, licensee or permittee and last known address the Department of Fish and Game has on file. (B) Date, time and place of scheduled hearing. (C) Reason for potential commission action, including a concise statement of the alleged acts or omissions of the applicant, licensee or permittee which constitute a violation of the Fish and Game Code and regulations made pursuant thereto with specific citations of the code sections alleged to have been violated. (D) A copy of Section 746, Title 14, California Code of Regulations. (E) A statement that the applicant, licensee or permittee has the right to appear and to be represented by legal counsel. (F) A statement that any continuance of the scheduled hearing date may be obtained only through compliance with subsection (d) of Section 746, Title 14, California Code of Regulations. (4) The proceedings of the hearing shall be recorded by a court reporter or an electronic tape recording system. (5) The hearing shall be conducted by the hearing officer who shall control the nature and order of the proceedings. (6) The applicant, licensee, permittee and the department have the right to present evidence at the scheduled hearing as follows: (A) Oral evidence shall be taken on oath or affirmation. (B) The parties may submit affidavits by adhering to the procedure set out for the submission of affidavits in lieu of testimony in judicial arbitration proceedings, California Rules of Court, Rule 1613, subdivision (b)(2), and may submit transcripts of depositions by adhering to the procedure set out for the submission of depositions in judicial arbitration proceedings, California Rules of Court, Rule 1613, subdivision (b)(3). (C) Each party may call and examine witnesses, cross-examine opposing witnesses on any relevant matter, may rebut evidence against him or her, and may orally argue the matter. (D) The hearing need not be conducted according to the technical rules relating to evidence and witnesses. Any relevant evidence shall be admitted if it is the sort of evidence on which responsible persons would rely in the conduct of serious affairs. (7) The hearing officer may examine any party or witness. (8) Within 30 days of the conclusion of the hearing, the hearing officer shall prepare and submit to the executive director a proposed decision based on the evidence presented at the hearing. The decision shall contain proposed findings and reasons for the commission's action. (9) Upon receipt of the proposed decision, the commission shall provide counsel or, if appearing pro se, the applicant, licensee or permittee, by certified mail, a copy of the hearing officer's proposed decision. (10) At a meeting of the commission, no later than 60 days following the receipt of the hearing officer's proposed decision, the commission shall consider adoption of the proposed decision. The commission may by order adopt, revise or reject the proposed decision. The commission shall serve counsel or, if appearing pro se, the applicant, licensee or permittee, by certified mail, a copy of the commission's order and decision. The order is final. (11) The applicant, licensee or permittee may request judicial review by filing a petition for writ of mandate in accordance with provisions of the Code of Civil Procedure within 30 days from the date of service (postmark) of the order. The record of the proceedings as designated by the petitioner shall be prepared by the commission and delivered to petitioner's counsel or, if appearing pro se, the petitioner within 30 days after petitioner's request and upon payment of the fee specified in Section 69950 of the Government Code. (c) In the case where the applicant, licensee or permittee has neither been convicted nor cited by the department for a violation of the Fish and Game Code, but is appealing department denial of issuance, transfer, reinstatement or requesting waiver of renewal requirements for any permit or license, including a hunting or sport fishing license or permit, the commission shall comply with the following: (1) The commission's president may appoint a commissioner, the commission's legal counsel, a former Executive Director of the commission, or a member of the State Bar of California with at least ten years experience in the active practice of law and determined qualified by the president, to serve as a hearing officer. (2) The hearing shall be held at such time and location determined by the hearing officer with due consideration for the convenience of the parties and the ends of justice. The hearing officer may engage in exparte communications with the parties for the purpose of setting a time and place of hearing. (3) The commission shall notify the applicant, licensee or permittee, by certified letter, of the commission's intent to consider the request for issuance, reinstatement or waiver of renewal requirements for the license or permit. The certified letter shall include the following information: (A) Name of applicant, licensee or permittee and last known address the Department of Fish and Game has on file. (B) Date, time and place of scheduled hearing. (C) A copy of Section 746, Title 14, California Code of Regulations. (D) A statement that the applicant, licensee or permittee has the right to appear and to be represented by legal counsel. (E) A statement that any continuance of the scheduled hearing date may be obtained only through compliance with subsection (d) of Section 746, Title 14, California Code of Regulations. (4) The proceedings of the hearing shall be recorded by a court reporter or an electronic tape recording system. (5) The hearing shall be conducted by the hearing officer who shall control the nature and order of the proceedings. (6) The applicant, licensee or permittee and the department have the right to present evidence at the hearing as follows: (A) Oral evidence shall be taken on oath or affirmation. (B) The parties may submit affidavits by adhering to the procedure set out for the submission of affidavits in lieu of testimony in judicial arbitration proceedings, California Rules of Court, Rule 1613, subdivision (b)(2), and may submit transcripts of depositions by adhering to the procedure set out for the submission of depositions in judicial arbitration proceedings, California Rules of Court, Rule 1613, subdivision (b)(3). (C) Each party may call and examine witnesses, cross-examine opposing witnesses on any relevant matter, may rebut evidence against him or her, and may orally argue the matter. (D) The hearing need not be conducted according to the technical rules relating to evidence and witnesses. Any relevant evidence shall be admitted if it is the sort of evidence on which responsible persons would rely in the conduct of serious affairs. (7) The hearing officer may examine any party or witness. (8) Within 30 days of the conclusion of the hearing, the hearing officer shall prepare and submit to the executive director a proposed decision based on the evidence presented at the hearing. The decision shall contain proposed findings and reasons for the commission's action. (9) Upon receipt of the proposed decision, the commission shall provide counsel or, if appearing pro se, the applicant, licensee or permittee, by certified mail, a copy of the hearing officer's proposed decision. (10) At a meeting of the commission, no later than 60 days following the receipt of the hearing officer's proposed decision, the commission shall consider adoption of the proposed decision. The commission may by order adopt, revise or reject the proposed decision. The commission shall serve counsel or, if appearing pro se, the applicant, licensee or permittee, by certified mail, a copy of the commission's order and decision. The order is final. (11) The applicant, licensee or permittee may request judicial review by filing a petition for writ of mandate in accordance with provisions of the Code of Civil Procedure within 30 days from the date of service (postmark) of the order. The record of the proceedings as designated by the petitioner shall be prepared by the commission and delivered to petitioner's counsel or, if appearing pro se, the petitioner within 30 days after petitioner's request and upon payment of the fee specified in Section 69950 of the Government Code. (d) Requests or applications to continue a hearing shall be made in writing to the hearing officer or the Executive Director of the commission. The hearing officer or the Executive Director must receive the request no less than two business days prior to the scheduled date of the hearing. A copy of the request shall also be sent to the department. The application shall include the case name and the date, time, and place of the scheduled hearing. The application shall identify any previous requests to continue the matter. The application shall also contain a statement of all facts the applicant contends constitute good cause to continue the matter. The hearing officer or the Executive Director has the discretion to waive the requirement for written application upon a showing of additional good cause. In cases where the licensee or permittee is appealing department denial of issuance, transfer, reinstatement or requesting waiver of renewal requirements for any permit or license pursuant to subsection (c), above, failure to appear as scheduled or to comply with this provision shall be deemed a withdrawal of the appeal. Note: Authority cited: Sections 309 and 12155.5, Fish and Game Code. Reference: Sections 309, 7852.2, 8254.7, 8280.4, 8422, 8423.5, 8562, 8569, 12154, 12155, 12155.5 and 12156, Fish and Game Code. s 747. Guidelines for Imposing Civil Penalties. (a) Purpose and Scope. The provisions of this section shall be applicable for the purposes of imposing civil liability and civil penalties under Fish and Game Code sections 500 and 2580-2589 for violations described therein. (b) Definitions. Definitions in the Fish and Game Code and regulations adopted pursuant thereto shall apply to this section unless otherwise provided herein. For purposes of this section, the following definitions shall apply: (1) The term "act done for profit or personal gain" shall mean an act done for the purpose of improving or which results in an improved financial, material, possessory or other position for the person. To establish that an act was done for profit or personal gain. the department need not establish that the value or benefit received from the act exceeded the costs of accomplishing the act. (2) "Code" is defined as the Fish and Game Code. (3) "Regulations" are defined as Title 14, Division 1, California Code of Regulations. (4) "Civil penalty" shall mean both civil liability for prohibited acts as outlined in Section 2582 of the Code and civil penalty for prohibited acts as outlined in Section 2583 of the Code. (5) "Item" shall mean an animal or its carcass in its entirety, or if the carcass is no longer maintained in its entirety, any part or product thereof. (c) Imposition of Civil Penalties. (1) In determining the amount of the civil penalty to be proposed in the complaint pursuant to sections 2582 and 2583 of the Code, and in determining the final civil penalty to be imposed pursuant to sections 2582 and 2583 of the Code, the Director shall consider the same factors, penalties and considerations as set forth for use by the qualified referee or hearing board (see subdivision (B) of section 2584 of the Fish and Game Code). (2) If a violator has been previously put in jeopardy for the same act or conduct for which an action for a civil penalty is brought, the penalty established by the qualified referee or hearing board shall bear a rational relationship to compensating the State for its loss and will not be based upon the penalty criteria set forth below. In determining the loss to the State, the qualified referee or hearing board shall consider, among other things, investigation and prosecution fees and costs and reasonable liquidated damages, in addition to the impact that the violation had upon the resources. (3) If the violation involves birds, mammals, amphibians, reptiles, or fish with a value in the aggregate of less than four hundred dollars ($400) and involves only the transporting, taking or receipt of fish or wildlife taken or possessed in violation of the Code, the civil penalty shall not exceed the maximum criminal fine provided by law for the violation in the Code or ten thousand dollars ($10,000), whichever is less. (4) Civil penalties shall be imposed on a per item basis unless: (A) Any of the aggravating factors specified in subsection (c)(8) of this section are found by the qualified referee or hearing board to be present. If any of the aggravating factors are found, the qualified referee or hearing board can impose the penalties as set forth in that subsection; (B) The qualified referee or hearing board determines that it is impracticable to use a per item basis. In this case, the qualified referee or hearing board can determine a reasonable unit of measure and may impose a penalty based on that, but in no case can the cost per unit exceed the maximum per item penalty set forth below; or (C) A mitigating factor is found by the qualified referee or hearing board to be present. (5) The qualified referee or hearing board shall use the following considerations in assessing civil penalties within the ranges set forth below: (A) The gravity of the violation, imposing lesser penalties for acts which have little significant effect upon the resources, and greater penalties for acts which may cause serious injury to the resources; (B) The particular nature, extent, and circumstances of the violation; and (c) The characteristics of the violator, including the violator's assets and other resources so as to ascertain the appropriate penalty level to deter future violations. This assessment shall also include a review of the violator's degree of culpability and involvement in the activity. (6) In setting the civil penalties for acts set forth in sections 2582 and 2583 of the Code, the qualified referee or hearing board will base the penalty upon the fair market value of the item(s) plus the amounts for the items listed below. If no fair market value exist for the item, the Department may use any generally accepted valuation methodology generally in use at the time plus the amounts listed below: (A) Big game as defined in Section 350 of the Regulations: $ 400 - $ 15,000 (B) Resident small game as defined in Section 257 of the Regulations: $ 50 - $ 1,000 (C) Migratory game birds as defined in Section 3500 of the Code: $ 50 - $ 1,000 (D) Nongame birds as defined in Section 3800 of the Code: $ 50 - $ 500 (E) Furbearing mammals as defined in Section 4000 of the Code: $ 50 - $ 1,000 (F) Marine mammals as defined in Section 4500 of the Code: $ 400 - $ 10,000 (G) Nongame mammals as defined in Section 4150 of the Code: $ 50 - $ 1,000 (H) Threatened, endangered, fully protected, specially protected and rare insects and animals as defined in sections 3511, 4700, 4800 and 5515 of the Code and Section 670.5 of the Regulations: $ 400 - $ 10,000 (I) Threatened, endangered, or rare plants, as defined in Section 670.2 of the Regulations: $ 400 - $ 5,000 (J) Fish as defined in Section 45 of the Code: $.01 - $ 1,000 (K) Reptiles: $ 50 - $ 1,000 (L) Wild animals as defined in Section 671 of the Regulations: $ 400 - $ 5,000 (7) In addition to the foregoing penalties, the qualified referee or hearing board may impose civil penalties for acts set forth in Code sections 2582(b) and 2582(c) and 2583 in the amounts as follows: (A) Unlawfully exporting, importing, possessing, receiving, or transporting in interstate commerce any container or package that has not been marked, labeled, or tagged in accordance with the Code or Regulations and contains any bird, mammal, amphibian, reptile, or fish, or any endangered, rare, or threatened species, or any fully protected bird, mammal, amphibian, reptile or fish, or any part thereof, up to $1,000.00 for each container or package. The penalty under this section cumulatively shall not exceed $10,000.00 for acts or conduct taking place within a 24-hour period. (B) Unlawful failure or refusal to maintain records or paperwork required by the Code or Regulations for the payment of taxes, fees, charges, or for export, import, possession, receipt or transport, up to $l,000.00 for each individual bird, mammal, amphibian, reptile or fish, or any endangered, rare or threatened species, or any full protected bird, mammal, amphibian, reptile or fish or any part thereof. The penalty under this section cumulatively shall not exceed $10,000.00 for acts or conduct taking place within a 24-hour period. (8) If any one of the following aggravating factors is found by the qualified referee or hearing board to exist, the qualified referee or hearing board may, based on the totality of the circumstances surrounding the violation, impose a civil penalty of up to $10,000 for each bird, mammal, amphibian, reptile, fish or endangered or threatened species, or fully protected bird, mammal or fish: (A) The violator's conduct was, in the opinion of the qualified referee or hearing board, intentional or reckless; (B) The violator, within the last five (5) years, has been subject to a criminal or civil penalty for violation of the Code or related codes, been a subject to civil damages, or had any license document, including but not limited to a permit, suspended or revoked. This subsection shall not apply when the previous criminal or civil penalty, civil damage, or license suspension or revocation resulted from acts or conduct which are the same as those for which the civil penalty is currently sought; (C) The acts of the violator could have resulted or did result in serious injury to the resources of the state; (D) The acts of the violator were part of an illegal business enterprise or a legal business enterprise conducted illegally; or (E) The acts of the violator took place in a wildlife management area. legislative refuge, ecological reserve, state marine reserve, state marine park, state marine conservation area, national wildlife refuge, national marine sanctuary, an area of critical concern, within the boundaries of a federal or state park or recreational area, or on other public lands or water set aside for the express purpose of protecting wildlife, plants, or habitat. (d) If the qualified referee or hearing board finds that the violation was committed incidental to commercial fishing or processing activities, then the she/he shall impose a civil penalty based on the following schedule. (1) If the illegally taken species constitute less than five percent, wet weight, of the load or lot, the civil penalty shall be $1,000.00, or the civil penalty listed in subsection (c)(6) above, whichever is less. (2) If the illegally taken species constitutes five percent to ten percent, wet weight, of the load or lot, the civil penalty shall be $2,000.00, or the civil penalty listed in subsection (c)(6) above, whichever is less. (3) If the illegally taken species constitute more than ten percent, wet weight, of the load or lot, the civil penalty listed in subsection (c)(6) above shall be imposed. Note: Authority cited: Sections 500 and 2589, Fish and Game Code. Reference: Sections 500 and 2580-2589, Fish and Game Code. s 748. Procedures for Civil Penalties and License or Permit Revocations and Suspensions. The procedures described in this chapter shall be applicable for the purposes of imposing civil penalties under Fish and Game Code sections 500 and 2580-2589 and regulations made pursuant thereto for violations described therein and for the purposes of revoking or suspending licenses or permits under Fish and Game Code section 8025, unless specific procedures for suspension or revocation are provided for by the Fish and Game Code or regulations made pursuant thereto. (a) Burden of Proof. The burden of proof shall be a preponderance of the evidence. (b) Complaint. (1) The Director, after investigation of facts and circumstances, may issue a complaint to any person on whom a civil penalty may be imposed pursuant to Section 2582 or 2583 of the Code. The complaint shall: (A) allege the acts or failure to act that constitute a basis for the civil penalty; (B) state the amount of the proposed civil penalty; (C) be served by personal service or certified mail upon the person whom a civil penalty may be imposed at the last known address of the person; (D) shall inform the person served that a hearing will be conducted within 60 days after the date of service unless the right to a hearing is waived. (2) In the case of a license or permit revocation or suspension, the Department shall issue a complaint that shall: (A) state the name of the licensee or permittee; (B) inform the person served that a hearing will be conducted within 60 days after the date of service unless the right to a hearing is waived. (C) be served by personal service or certified mail upon the person identified in the complaint at the licensee's or permittee's last known address. (D) state the facts which constitute a violation of the Fish and Game Code and/or the regulations made pursuant thereto, including specific citations of the Code and/or regulations alleged to have been violated. In the case of a revocation or suspension in which the licensee or permittee has been convicted of a violation of the Fish and Game Code or any regulations pertaining to the activity licensed or permitted, the complaint shall state the date and fact of conviction; (3) The complaint issued pursuant to (b)(1) and (b)(2) above may be accompanied by a Notice of Hearing described in subsection (e) of this section. (c) Amended or supplemental complaint before submission of case. At any time before the matter is submitted for decision, the Director may file or permit the filing of an amended or supplemental complaint. All parties shall be notified in writing thereof. If the amended or supplemental complaint presents new charges, the Department shall afford the person served a reasonable opportunity to prepare his or her defense thereto, but he or she shall not be entitled to file a further pleading unless the qualified referee or the presiding officer of the hearing board in his or her discretion so orders. Any new charges shall be deemed controverted, and any objections to the amended or supplemental complaint may be made orally and shall be noted in the record. (d) Amendment of complaint after submission of case. The Director, qualified referee or presiding officer of the hearing board may order amendment of the complaint after submission of the case for decision. Each party shall be given notice of the intended amendment and opportunity to show that he or she will be prejudiced thereby unless the case is reopened to permit the introduction of additional evidence on his or her behalf. If such prejudice is shown, the Director, qualified referee or presiding officer shall reopen the case to permit the introduction of additional evidence. (e) Notice of hearing. (1) The Department shall deliver or mail a notice of hearing to all parties at least 10 days prior to the hearing. (2) The notice to the person served shall be substantially in the following form but may include other information: You are hereby notified that a hearing will be held before a qualified referee or hearing board appointed by the Department of Fish & Game at [here insert place of hearing] on the __________ day _________ 19 __________, at the hour of __________, upon the charges made in the complaint served upon you. You may be present at the hearing. You have the right to be represented by an attorney at your own expense. You are entitled to represent yourself without legal counsel. You may present any relevant evidence, and will be given full opportunity to cross-examine all witnesses testifying against you. You are entitled to the issuance of subpoenas to compel the attendance of witnesses and the production of books, documents or other things by applying to [here insert name and address of referee or presiding officer of the hearing board]. The hearing will be conducted in the English language. If you do not proficiently speak or understand the English language and would like to request language assistance, you must notify the Department in a timely manner. The referee or hearing board may order you to pay the costs of an interpreter. Any questions you may have regarding this hearing must be addressed to the Department of Fish and Game, Legal Office at 1416 Ninth Street, Sacramento, CA 95814, telephone no. (916) 327-4483. (3) In the case a license or permit revocation or suspension hearing, the person shall be advised that failure to appear at the time and place of the hearing shall result in an automatic suspension of the person's license or permit. In the case of the imposition of a civil penalty, the person shall be advised that failure to appear at the time and place of the hearing shall result in the automatic imposition of the civil penalty identified in the in the complaint. (f) Continuance of hearing. (1) The qualified referee or presiding officer of the hearing board may, on his or her own motion or upon request of any party accompanied by a showing of good cause, continue the hearing to another time not more than 60 days after the date scheduled for the initial hearing. Application for a continuance must be made to the qualified referee or the presiding officer not less than 20 calendar days prior to the scheduled hearing. (2) When a continuance is ordered, the qualified referee or presiding officer shall give written notice of the time and place of the continued hearing. (g) Waiver of hearing. A person upon whom a complaint has been served may waive a right to a hearing. This waiver must be in writing signed by the person upon whom the complaint was served or his or her duly appointed representative. If the hearing is waived, the Department shall issue an order setting the penalty in the amount proposed in the complaint or setting the revocation or suspension. This order shall be final. (h) Time and place of hearing. The hearing shall be held at a location determined appropriate by the Department in Sacramento, California, unless the Department and the person served mutually agree to hold the hearing in one of the following locations: San Diego, Los Angeles, Fresno, San Francisco, Eureka or Redding. (i) Discovery; exclusive provisions. The provisions of subsection (j) of this Section provide the exclusive right to and method of discovery as to any proceeding governed by this section. (j) Request for discovery; statements; writings. After initiation of a proceeding, a party, upon written request made to another party, prior to the hearing and within 30 days after service by the Department of the initial pleading or within 15 days after such service of an additional pleading, is entitled to (1) obtain the names and addresses of witnesses to the extent known to the other party, including, but not limited to, those intended to be called to testify at the hearing, and (2) inspect and make a copy of any of the following in the possession or custody or under the control of the other party: (1) A statement pertaining to the subject matter of the proceeding made by any party to another or person; (2) Statement of witnesses then proposed to be called by the party and of other persons having personal knowledge of the acts, omissions or events which are the basis for the proceeding, not included in subsection (j)(1) above; (3) All writings, including, but not limited to, reports of mental, physical and blood examinations and things which the party then proposes to offer in evidence; (4) Any other writing or thing which is relevant and which would be admissible in evidence; (5) Investigative reports made by or on behalf of the Department or other party pertaining to the subject matter of the proceeding, to the extent that such reports (1) contain the names and addresses of witnesses or of persons having personal knowledge of the acts, omissions or events which are the basis for the proceeding, or (2) reflect matters perceived by the investigator in the course of his or her investigation, or (3) contain or include by attachment any statement or writing described in subsections (j)(1) through (4), inclusive. or summary thereof. For the purpose of this section, "statements" include written statements by the person signed or otherwise authenticated by him or her, stenographic, mechanical, electrical or other recordings, or transcripts thereof, of oral statements by the person, and written reports or summaries of such oral statements. Nothing in this section shall authorize the inspection or copying of any writing or thing which is privileged from disclosure by law or otherwise made confidential, or is protected as the attorney's work product. (k) Subpoenas, service; obligation of witness to attend; witness fees, mileage, per diem. (1) The qualified referee or presiding officer of the hearing board may issue subpoenas and subpoenas duces tecum at the request of any party for attendance or production of documents at the hearing after making a showing of relevance and good cause. Subpoenas and subpoenas duces tecum shall be issued in accordance with Sections 1985, 1985.1, and 1985.2 of the Code of Civil Procedure. (2) The process issued pursuant to subsection (k)(1) of this section shall be extended to all parts of the State and shall be served in accordance with Sections 1987 and 1988 of the Code of Civil Procedure. (3) All witnesses appearing pursuant to subpoena, other than the parties or officers or employees of the state or any political subdivision thereof, shall receive fees, and all witnesses appearing pursuant to subpoena, except the parties, shall receive mileage in the same amount and under the same circumstances as prescribed by law for witnesses in civil actions in a superior court. Witnesses appearing pursuant to subpoena, except the parties, who attend hearings at points so far removed from their residences as to prohibit return thereto from day to day shall be entitled in addition to fees and mileage to a per diem compensation of three dollars ($3) for expenses of subsistence for each day of actual attendance and for each day necessarily occupied in traveling to and from the hearing. Fees, mileage, and expenses of subsistence shall be paid by the party at whose request the witness is subpoenaed. ( l) Contempt. If any person in proceedings before the qualified referee or the hearing board disobeys or resists any lawful order, refuses to respond to a subpoena or a subpoena duces tecum, refuses to take the oath or affirmation as a witness or thereafter refuses to be examined, or is guilty of misconduct during a hearing or so near the place thereof as to obstruct the proceedings, the qualified referee or presiding officer of the hearing board shall certify the facts to the Superior Court in and for the County where the proceedings are held for contempt proceedings pursuant to Government Code Section 11525. (m) Depositions. On verified petition of any party, the qualified referee or the presiding officer of the hearing board may order that the testimony of any material witness residing within or without the State be taken by deposition in the manner prescribed by law for depositions in civil actions. The petition shall set forth the nature of the pending proceeding; the name and address of the witness whose testimony is desired; a showing of the materiality of his or her testimony; a showing that the witness will be unable or cannot be compelled to attend; and shall request an order requiring the witness to appear and testify before an officer named in the petition for that purpose. Where the witness resides outside the State and where the qualified or presiding officer of the hearing board has ordered the taking of his or her testimony by deposition, the deposition shall be taken according to the provisions of California Code of Civil Procedure section 2026, as amended. (n) Prehearing conference; subject matter; prehearing order. (1) On motion of a party or by order of a qualified referee or presiding officer of the hearing board. the qualified referee or hearing board may conduct a prehearing conference. The qualified referee or presiding officer of the hearing board shall set the time and place for the prehearing conference, and the Department shall give written notice to all parties. (2) The rehearing conference may deal with one or more of the following matters: (A) Exploration of settlement possibilities. (B) Preparation of stipulations. (C) Clarification of issues. (D) Rulings on identity and limitation of the number of witnesses. (E) Objections to proffers of evidence. (F) Order of presentation of evidence and cross-examination. (G) Rulings regarding issuance of subpoenas and protective orders. (H) Schedules for the submission of written briefs if necessary, and schedules for the commencement and conduct of the hearing. (I) Any other matters as shall promote the orderly and prompt conduct of the hearing. (3) The qualified referee or hearing board shall issue a prehearing order incorporating the matters determined at the prehearing conference. The qualified referee or hearing board may direct one or more of the parties to prepare a prehearing order. (o) Conduct of hearing; disqualification of qualified referee or member of the hearing board; reporting. (1) Every hearing in a contested case shall be presided over by a qualified referee or hearing board that shall exercise all powers relating to the conduct of the hearing. (2) A qualified referee or hearing board member shall voluntarily disqualify himself or herself and withdraw from any case in which he or she cannot accord a fair and impartial hearing or consideration. Any party may request the disqualification of any qualified referee or hearing board member by filing an affidavit, prior to the taking of evidence at a hearing, stating with particularity the grounds upon which it is claimed that a fair and impartial hearing cannot be accorded. The issue shall be determined by the qualified referee or hearing board. (3) The proceedings at the hearing shall be reported by an electronic tape recording system. (p) Evidence; examination of witnesses; interpreters. (1) Oral evidence shall be taken only on oath or affirmation. (2) Each party shall have these rights: to call and examine witnesses; to introduce exhibits; to cross-examine opposing witnesses on any matter relevant to the issues even though that matter was not covered in the direct examination; to impeach any witness regardless of which party first called him or her to testify; and to rebut the evidence against him or her. If the person upon whom the complaint was served does not testify in his or her own behalf he or she may be called and examined as if under cross-examination. (3) The hearing need not be conducted according to technical rules relating to evidence and witnesses, except as hereinafter provided. Any relevant evidence shall be admitted if it is the sort of evidence on which responsible persons are accustomed to rely upon in the conduct of serious affairs, regardless of the existence of any common law or statutory rule which might make improper the admission of the evidence over objection in civil actions. Hearsay evidence may be used for the purpose of supplementing or explaining other evidence but shall not be sufficient in itself to support a finding unless it,would be admissible over objection in civil actions. The rules of privilege shall be effective to the extent that they are otherwise required by statute to be recognized at the hearing, and irrelevant and unduly repetitious evidence shall be excluded. (4) The hearing shall be conducted in the English language, except that a party who does not proficiently speak or understand the English language and who requests language assistance shall be provided an interpreter approved by the qualified referee or the presiding officer of the hearing board conducting the proceedings. The cost of providing the interpreter shall be paid by the Department if the qualified referee or presiding officer so directs, otherwise by the party for whom the interpreter is provided. The qualified referee's or hearing board's decision to direct payment shall be based upon an equitable consideration of all the circumstances in each case, such as the ability of the party in need of the interpreter to pay. Such an interpreter shall be selected from the list issued by the State Personnel Board pursuant to Government Code section 11513. (5) In the event that interpreters on the approved list cannot be present at the hearing, or if there is no interpreter on the approved list for a particular language, the qualified referee or presiding officer shall have discretionary authority to provisionally qualify and utilize other interpreters. (6) The Department shall advise each party of their right to an interpreter at the same time that each party is advised of the hearing date. Each party in need of an interpreter shall also be encouraged to give timely notice to the Department conducting the hearing so that appropriate arrangements can be made. (7) The rules of confidentiality of the Department, if any, which may apply in an adjudicatory hearing, shall apply to any interpreter in the hearing, whether or not these rules so state. (8) The interpreter shall not have had any involvement in the issues of the case prior to the hearing. (q) Qualified referee or hearing board; ex parte communication with party or interested person prohibited in absence of notice and participation opportunity. (1) Except as required for the disposition of ex parte matters specifically authorized by statute, a qualified referee or hearing board member may not communicate, directly or indirectly, upon the merits of a contested matter while the proceeding is pending, with any party, including employees of the Department, with any person who has a direct or indirect interest in the outcome of the proceeding, or with any person who presided at a previous stage of the proceeding, without notice and opportunity for all parties to participate in the communication. (2) Unless required for the disposition of ex parte matters specifically authorized by statute, no party to an adjudicative proceeding, including employees of the Department, and no person who has a direct or indirect interest in the outcome of the proceeding or who presided at a previous stage of the proceeding, may communicate directly or indirectly, upon the merits of a contested matter while the proceeding is pending, with any person serving as a qualified referee or hearing board member, without notice and opportunity for all parties to participate in the communication, unless prior consent is obtained from all parties to the action. (3) If, before serving as a qualified referee or hearing board member, a person receives an ex parte communication of a type that could not properly be received while serving, the person, promptly after starting to serve, shall disclose the communication in the manner prescribed in subsection (g)(4) of this section. (4) A qualified referee or hearing board member who receives an ex parte communication in violation of this section shall place on the record of the pending matter all written communications received, all written responses to the communications, and a memorandum stating the substance of all oral communications received, all responses made, and the identity of each person from whom the qualified referee or hearing board member received an ex parte communication, and shall advise all parties that these matters have been placed on the record. Any person desiring to rebut the ex parte communication shall be allowed to do so, upon requesting the opportunity for rebuttal within 10 days after notice of the communication. (5) The receipt by a qualified referee or hearing board member of an ex parte communication in violation of this section may provide the basis for disqualification of that qualified referee or hearing board member pursuant to this section. If the qualified referee or hearing board member is disqualified, the portion of the record pertaining to the ex parte communication may be sealed by protective order by the qualified referee or hearing board member so disqualified. (r) Affidavits. (1) At any time 10 or more days prior to a hearing or a continued hearing, any party may mail or deliver to the opposing party a copy of any affidavit which he or she proposes to introduce in evidence, together with a notice as provided in subsection (r)(2) of this section. Unless the opposing party, within seven days after such mailing or delivery, mails or delivers to the proponent a request to cross-examine an affiant, his or her right to cross-examine such affiant is waived and the affidavit, if introduced in evidence. shall be given the same effect as if the affiant had testified orally. If an opportunity to cross-examine an affiant is not afforded after request therefor is made as herein provided, the affidavit may be introduced in evidence, but shall be given only the same effect as other hearsay evidence. (2) The notice referred to in subsection (r)(1) of this section shall be substantially in the following form: The accompanying affidavit of (here insert name of affiant) will be introduced as evidence at the hearing in (here insert title of proceeding). (here insert name of affiant) will not be called to testify orally and you will not be entitled to question him or her unless you notify (here insert name of proponent or of his or her attorney) at (here insert address) that you wish to cross-examine him or her. To be effective your request must be mailed or delivered to (here insert name of proponent or his or her attorney) on or before (here insert a date seven days after the date of mailing or delivering the affidavit to the opposing party). (s) Official notice. In reaching a decision, official notice may be taken, either before or after submission of the case for decision, of any generally accepted technical or scientific matter within the Department's jurisdiction, and of any fact which may be judicially noticed by the courts of this State. Parties present at the hearing shall be informed of the matters to be noticed, and those matters shall be noted in the record, referred to therein, or appended thereto. Any such party shall be given a reasonable opportunity on request to refute the officially noticed matters by evidence or by written or oral presentation of authority, the manner of such refutation to be determined by the qualified referee or hearing board. (t) Decision consideration, preparation, adoption. (1) A qualified referee or hearing board shall prepare, within 30 days after the conclusion of the hearing, a proposed decision which recommends the penalty to be imposed or the revocation or suspension of a license or permit. The proposed decision shall be submitted to the Director and shall be served upon the person whom the complaint was issued or his or her duly appointed representative. (2) The Director may adopt, revise or reject the proposed decision or may enter into a settlement agreement with the person upon whom the complaint was served. If the Director revises, rejects or enters into a settlement agreement, the Director shall seek the recommendation of the qualified referee or the hearing board and shall enter into record of case the reasons for that action including the qualified referee's or hearing board's recommendations. (3) Within thirty days after receipt of the proposed decision, the Director shall issue an order. If the order is issued against the person named in the complaint, the order shall set forth the amount of civil penalty to be imposed or the revocation or suspension of a license or permit. The order shall be served by personal service or by certified mail to the person upon whom the complaint was served. The order by the Director is final. (u) Appeal. Within 30 days after service of a copy of an order setting the amount of a civil penalty or revoking or suspending a license or permit, the person served may file with the Superior Court a petition for writ of mandate for review of the order. The record of the proceedings shall be prepared by the Department and delivered to the person upon whom the complaint is received by the Department after payment of any and all fees for the transcription of the record. Note: Authority cited: Section 2589, Fish and Game Code. Reference: Section 2580-2589, Fish and Game Code. s 749. Special Order Relating to Incidental Take of Sacramento River Spring-Run Chinook Salmon During Candidacy Period. The Commission finds that, based on current knowledge and existing protection and management efforts outlined in Appendices 1 [FNa1] and 2 [FNa2], the level of habitat loss and take of Sacramento River spring-run chinook salmon individuals which is likely to occur during the period that this regulation is in effect will not cause jeopardy to the continued existence of the species. (a) Take Authorization Based on the above findings, the Commission authorizes the take of Sacramento River spring-run chinook salmon during the candidacy period subject to the terms and conditions herein. (1) Inland Sport Fishing Take of Sacramento River spring-run chinook salmon is authorized in accordance with the regulations adopted by the Commission. (2) Ocean Sport Fishing Take of Sacramento River spring-run chinook salmon is authorized in accordance with the regulations adopted by the Commission. (3) Upper Sacramento River, Tributaries Take of Sacramento River spring-run chinook salmon is authorized incidental to life-history studies described in (d)(3)(H) of Appendix 1, water diversions as described in (d)(3)(A)-(d)(3)(E) and (d)(6) of Appendix 1, and restoration actions described in (d)(3)(F)-(d)(3)(J) of Appendix 1, provided that such activities are substantially similar in nature and scope to those activities which existed on the effective date of this regulation, and provided further that there is no material change, to the detriment of conservation, in the existing management measures. The Commission shall determine, in its sole discretion, whether there has been a detrimental material change in such management measures. (4) San Francisco Bay/Sacramento-San Joaquin River Delta Estuary Take of Sacramento River spring-run chinook salmon is authorized incidental to water diversions described in (d)(6) of Appendix 1, provided that such activities are substantially similar in nature and scope to those activities which existed on the effective date of this regulation, and provided further that there is no material change, to the detriment of conservation, in the existing management measures. The Commission shall determine, in its sole discretion, whether there has been a detrimental material change in such management measures. Take of Sacramento River spring-run chinook salmon is authorized incidental to operation of the State Water Project facilities and the Central Valley Project facilities in accordance with the 1995 WQCP and the Central Valley Project Improvement Act and as may be modified by the Operations Group through the process described in (d)(5) of Appendix 1. (For example, the CALFED OPERATIONS GROUP SACRAMENTO RIVER SPRING-RUN CHINOOK SALMON PROTECTION PLAN, dated October 27, 1997, found in Appendix 2.) (b) Additions, Modifications, or Revocation Other actions not addressed in this regulation requiring authorization for incidental take of Sacramento River spring-run chinook salmon from the Commission pursuant to Fish and Game Code Section 2084 or, to the extent allowed by law, by the Department of Fish and Game pursuant to Fish and Game Code Section 2081, will be considered on a case-by-case basis. The Commission may modify or repeal this regulation in whole or in part, pursuant to law, if it determines that any activity, project or persons may cause jeopardy to the continued existence of the Sacramento River spring-run chinook salmon. In the event of a "triggering event (for consultation)", as defined in the CALFED OPERATIONS GROUP SACRAMENTO RIVER SPRING-RUN CHINOOK SALMON PROTECTION PLAN, or in the event the monitoring devices currently in place on Mill and Deer creeks are removed or rendered inoperable, the Commission shall forthwith institute an emergency action under Government Code Section 11125.5(a) and (b) to review the events which gave rise to the triggering event or loss of monitoring devices, and to consider modification of this regulation. [Note : During the candidacy period of the spring-run chinook salmon, the commission commits to remaining informed on a timely basis as to the activities described in this regulation to determine if the commission must consider modification of the regulation. For example, in order to be informed of and responsive to potential impacts on spring-run throughout the candidacy period, the commission staff shall receive all electronic mail notices sent by the CALFED Operations Group Data Assessment Team (DAT) and the No Name Group to provide timely information to the commission. Based on this information, the commission will determine an appropriate level of participation in these conference calls and related meetings. When considering information of potential impacts or modification of this regulation, the commission shall ask staff for pertinent information about activities from other agencies or programs that could affect spring-run salmon, including the CALFED Bay-Delta Program, the CALFED Operations Group, the SWRCB Bay-Delta Water Rights Hearings, and the U.S. Fish and Wildlife Service and National Marine Fisheries Service (with respect to their biological opinions). Such involvement and information is intended to facilitate the commission's role in providing effective measures to protect spring-run salmon while minimizing conflicts with other resource needs. As provided by this regulation, where information warrants, the commission would convene an emergency meeting (under Government Code Section 11125.5) to determine whether any activity may cause jeopardy to the spring-run and if modification of this regulation is necessary. Specifically, the commission acknowledges that the CALFED Operations Group Spring-run Chinook Salmon Protection Plan and the fish monitoring program, described by the Plan to determine salmon movements in the rivers and the Delta, continue to be in effect throughout the spring-run candidacy period and that the status of spring-run salmon will continue to be a factor in the Operations Group's decision making. (See Appendix 2, page 2, of this regulation.) Through receipt of DAT and No Name Group conference call notices, the commission will be able to determine when to participate in these groups, especially if these groups are making recommendations to DWR and USBR as to adjustments in CVP or SWP Delta pumping operations for purposes of spring-run salmon protection. Through this process, the commission may consider providing recommendations to DWR and USBR for protecting spring-run salmon and also may consider modifying this regulation through an emergency action to implement such protective measures.] [FNa1] Copies of Appendices 1 and 2, including attachments, which are referenced in this regulation are available upon request from the Fish and Game Commission, 1416 Ninth Street, Box 944209, Sacramento, CA 94255-2090 (Telephone: 916 653-4899). Note: Authority cited: Sections 200, 202, 205, 240 and 2084, Fish and Game Code. Reference: Sections 200, 202, 205, 240 and 2084, Fish and Game Code. s 749.1. Special Order Relating to Incidental Take of Coho Salmon (Oncorhynchus kisutch) During Candidacy Period. The commission finds that, based on current knowledge and protection and management efforts outlined in this regulation, including Exhibits A through D [FNa1], the level of habitat loss and take of coho salmon which is likely to occur during the period that this regulation is in effect will not cause jeopardy to the continued existence of the species. (a) Take Authorization. Based upon the above findings, the commission authorizes the take of coho salmon north of San Francisco (Exhibit A) during the candidacy period subject to the terms and conditions herein. (1) Inland and Ocean Sport and Commercial Fishing. Coho salmon may not be retained during sport or commercial fishing in any waters of the State. Incidentally hooked or netted coho salmon must be immediately released unharmed to the waters where they are hooked or netted. (2) Suction Dredging. Incidental take of coho salmon during suction dredging that complies with Section 228, Title 14, CCR, is authorized during the candidacy period. (3) Research and Monitoring. (A) Take of coho salmon by department personnel in the course of research and monitoring is authorized pursuant to Section 783.1(c), Title 14, CCR. (B) Take of coho salmon in the course of research and monitoring by public agencies and private parties is authorized subject to restrictions in Exhibit B. (4) Hatchery Operations. Take of coho salmon by the Department of Fish and Game for hatchery management purposes is authorized pursuant to Section 783.1(c). Title 14, CCR. (5) Habitat Restoration. (A) Incidental take of coho salmon resulting from planning, assessment, inventory, construction, maintenance and monitoring activities consistent with the objectives of the Department of Fish and Game Fisheries Restoration Grants Program and carried out in the manner prescribed in the department's "California Salmonid Stream Habitat Restoration Manual - Third Edition, January 1998", is authorized. Incidental take resulting from an activity not carried out in such manner is authorized only if the activity is performed under the supervision or oversight of, or is funded by the department. (B) Incidental take resulting from activities performed by department employees related to constructing, installing, operating and maintaining facilities or stream features designed to eliminate or minimize barriers to fish migration and fish rescue operations is authorized pursuant to Section 783.1(c), Title 14, CCR. (6) Extraction of Gravel Resources. Incidental take of coho salmon resulting from the extraction of gravel resources in a stream or river, is authorized for the coho candidacy period provided that such activities are conducted in accordance with the measures specified in Exhibit C. (7) Water Diversions. Incidental take of coho salmon resulting from diversion of water, for any purpose, is authorized during the candidacy period, subject to the following conditions: (A) Existing unscreened diversions may continue in operation through the candidacy period. Upon any future determination by the commission that coho salmon shall be added to the list of threatened or endangered species, incidental take for such diversions must be authorized under Fish and Game Code Section 2081(b) or be determined exempt from the permitting requirement under Fish and Game Code Section 2080.1. (B) Diversions approved and constructed after the effective date of this section shall be screened and shall meet the Department of Fish and Game Fish Screening Criteria (dated June 19, 2000) included in this regulation as Exhibit D. (C) Existing fish screens that are repaired, upgraded, or reconstructed during the candidacy period must meet the Department of Fish and Game Fish Screening Criteria (dated June 19, 2000) included in this regulation as Exhibit D. (8) Department of Fish and Game Streambed Alteration Agreements. Incidental take of coho salmon during the candidacy period is authorized for any project carried out in compliance with section 1601 or 1603 of the Fish and Game Code, for which a Lake or Streambed Alteration Agreement (Agreement) has been entered into between the department and the party undertaking the activity, provided that: (A) any measures identified by the department as necessary to protect coho salmon are incorporated into the signed Agreement and are fully implemented by the party undertaking the activity; and (B) the project otherwise complies with other relevant provisions of this section. Projects that will involve the extraction of mineral resources shall also comply with subsection (a)(6), and projects involving water diversions shall also comply with subsection (a)(7) of Section 749.1, Title 14, CCR. (9) Pacific Lumber Company Habitat Conservation Plan. Incidental take of coho salmon resulting from activities within the Plan and Permit Area described as Covered Activities in the "Habitat Conservation Plan for the Properties of The Pacific Lumber Company, Scotia Pacific Holding Company, and Salmon Creek Corporation, February 1999", is authorized during the candidacy period insofar as activities are conducted in accordance with the relevant Operating Conservation Plans. (10) Forest Practices. Incidental take of coho salmon is authorized during the candidacy period for otherwise lawful timber operations that comply with conditions specified in the revised final rule language, "Protection for Threatened and Impaired Watersheds, 2000", sections 895, 895.1, 898, 898.2, 914.8, 934.8, 954.8, 916, 936, 956, 916.2, 936.2, 956.2, 916.9, 936.9, 956.9, 916.11, 936.11, 956.11, 916.12, 936.12, 956.12, 923.3, 943.3, 963.3, 923.9, 943.9 and 963.9, Title 14, CCR (which can be found on the Board of Forestry website at www.fire.ca.gov/BOF/pdfs/FRLZ00011814.pdf). (11) Additions, Modifications or Revocation. (A) Incidental take of coho salmon north of San Francisco from activities not addressed in this section may be authorized during the candidacy period by the commission pursuant to Fish and Game Code Section 2084 or by the department pursuant to Fish and Game Code Section 2081, on a case-by-case basis. (B) The commission may modify or repeal this regulation in whole or in part, pursuant to law, if it determines that any activity or project may cause jeopardy to the continued existence of coho salmon north of San Francisco. [FNa1] A copy of Exhibits A through D which are referenced in this regulation is available upon request from the Fish and Game Commission, 1416 Ninth Street, Box 944209, Sacramento, CA 94255-2090 (Telephone 916 653-4899). Note: Authority cited: Sections 200, 202, 205 and 2084, Fish and Game Code. Reference: Sections 200, 202, 205, 2080, 2084 and 2085, Fish and Game Code. Exhibit A - Coho Salmon Distribution North of San Francisco Exhibit B Incidental Take Authorization Standards for Research and Monitoring During the Candidacy Period for Coho Salmon Research Proposals Take of coho salmon during the candidacy period is authorized for individuals, agencies, or universities and landowners for purposes of research and monitoring provided that: (i) For ongoing research, a written, detailed project proposal describing objectives, methods (gear, sampling schedules and locations), efforts to minimize adverse effects to the species, estimated level of take of the species, and a copy of a permit authorizing take pursuant to the Federal Endangered Species Act shall be provided to the appropriate Department Regional Manager within 45 days of this regulation becoming effective. (ii) For research which has not yet commenced, a written, detailed project proposal describing objectives, methods (gear, sampling schedules and locations), efforts to minimize adverse effects to the species, estimated level of take of the species, and a copy of a permit authorizing take pursuant to the Federal Endangered Species Act shall be provided to the appropriate Department Regional Manager. (iii) The research or monitoring may commence once the Department issues written concurrence that the research and monitoring activities conducted are consistent with the Department's research and monitoring programs and are sufficient to protect coho salmon. The Department may specify additional terms and conditions for the protection of coho salmon and the reporting of all data collected to the Department. Alternative Procedure At the discretion of the Department, research and monitoring activities not addressed by the above procedures may receive separate authorization for take of coho salmon by the Department pursuant to Fish and Game Code Section 2081. Department of Fish and Game Contacts Regional Manager, Northern California - North Coast Region; 601 Locust Street, Redding, CA 96001 - (530) 225-2300. Regional Manager, Central Coast Region; 7329 Silverado Trail, P.O. Box 46, Yountville, CA 94599 - (707) 944-5500. Exhibit C Incidental Take Authorization Standards for In-Stream Gravel Extraction During the Candidacy Period for Coho Salmon 1. A gravel extraction plan including design features, mitigation measures, and enhancement recommendations that minimize impacts to salmonids shall be prepared by the operator and submitted to the Department for review and approval before extraction may begin. The maximum amount permitted to be removed shall be no more than the amount of sand and gravel that is annually replenished in the proposed extraction area, and cumulative extraction quantities shall be consistent with the long-term average annual sustained yield based on estimates of mean annual recruitment. 2. Extraction of gravel shall be accomplished by "skimming" or grading of gravel from bars above the low water channel unless another technique is approved in advance by the Department. The gravel bars shall be sloped from the bank down towards the thalweg and downstream to avoid stranding of salmonids. No holes or depressions shall be allowed to remain in the extraction area. No extraction of the streambanks shall be allowed. 3. Low flow channel confinement shall be maximized by utilizing the low flow silt line, where available, in designing the vertical offset. The silt line measurement shall be taken on or before July 15th of any year unless an alternate date is approved, in advance, by the Department. The vertical offset shall be at least one foot. A larger vertical offset, as determined by the Department, may be necessary to maximize the low flow channel confinement. 4. Gravel bar stability shall be protected by minimizing extraction on the upstream one-third of gravel bars. No extraction shall be allowed in riffle sections. The Department shall review proposed gravel extraction plans during an annual site inspection and make specific recommendations to protect salmonid habitat. 5. Channel crossing construction shall not begin before June 15. Removal of channel crossings shall be completed by September 30. If temporary culverts are installed, they will be installed in such a manner so that they will not impede the passing of fish up and down stream. 6. Large woody debris (LWD) shall be stockpiled before gravel extraction begins and redistributed on the gravel bar after the extraction site has been reclaimed at the end of the extraction season. To the extent possible, vehicular access onto gravel mining sites shall be controlled to minimize the loss of LWD from firewood collectors. 7. Trees exceeding 1 inch DBH shall not be removed, and clumps of smaller trees shall not be removed except by prior approval of the Department. The disturbance or removal of vegetation shall be minimized, shall not exceed that necessary to complete operations and shall be limited to areas where extraction has occurred within the past two years. 8. The project shall comply with Section 1601 or 1603 of the California Fish and Game Code, and a Lake or Streambed Alteration Agreement shall be obtained from the Department. Any measures identified by the Department as necessary to protect coho salmon shall be incorporated into the signed agreement and shall be fully implemented. Exhibit D Department of Fish and Game Fish Screening Criteria June 19, 2000 1. STRUCTURE PLACEMENT A. Streams And Rivers (flowing water): The screen face shall be parallel to the flow and adjacent bankline (water's edge), with the screen face at or streamward of a line defined by the annual low-flow water's edge. The upstream and downstream transitions to the screen structure shall be designed and constructed to match the back-line, minimizing eddies upstream of, in front of and downstream of, the screen. Where feasible, this "on-stream" fish screen structure placement is preferred by the California Department of Fish and Game. B. In Canals (flowing water): The screen structure shall be located as close to the river source as practical, in an effort to minimize the approach channel length and the fish return bypass length. This "in canal" fish screen location shall only be used where an "on-stream" screen design is not feasible. This situation is most common at existing diversion dams with headgate structures. The National Marine Fisheries Service - Southwest Region "Fish Screening Criteria for Anadromous Salmonids, January 1997" for these types of installations shall be used. C. Small Pumped Diversions: Small pumped diversions (less than 40 cubic-feet per second) which are screened using "manufactured, self-contained" screens shall conform to the National Marine Fisheries Service - Southwest Region "Fish Screening Criteria for Anadromous Salmonids, January 1997". D. Non-Flowing Waters (tidal areas, lakes and reservoirs): The preferred location for the diversion intake structure shall be offshore, in deep water, to minimize fish contact with the diversion. Other configurations will be considered as exceptions to the screening criteria as described in Section 5.F. below. 2. APPROACH VELOCITY (Local velocity component perpendicular to the screen face A. Flow Uniformity: The design of the screen shall distribute the approach velocity uniformly across the face of the screen. Provisions shall be made in the design of the screen to allow for adjustment of flow patterns. The intent is to ensure uniform flow distribution through the entire face of the screen as it is constructed and operated. B. Self-Cleaning Screens: The design approach velocity shall not exceed: 1. Streams And Rivers (flowing waters) - Either: a. 0.33 feet per second, where exposure to the fish screen shall not exceed fifteen minutes, or b. 0.40 feet per second, for small (less than 40 cubic-feet per second) pumped diversions using "manufactured, self-contained" screens. 2. In Canals (flowing waters) - 0.40 feet per second, with a bypass entrance located every one-minute of travel time along the screen face. 3. Non-Flowing Waters (tidal areas, lakes and reservoirs) - The specific screen approach velocity shall be determined for each installation, based on the species and life stage of fish being protected. Velocities which exceed those described above will require a variance to these criteria (see Section 5.F. below). (Note: At this time, the U.S. Fish and Wildlife Service has selected a 0.2 feet per second approach velocity for use in waters where the Delta smelt is found. Thus, fish screens in the Sacramento-San Joaquin Estuary should use this criterion for design purposes.) C. Screens Which Are Not Self-Cleaning: The screens shall be designed with an approach velocity one-fourth that outlined in Section B. above. The screen shall be cleaned before the approach velocity exceeds the criteria described in Section B. D. Frequency Of Cleaning: Fish screens shall be cleaned as frequently as necessary to prevent flow impedance and violation of the approach velocity criteria. A cleaning cycle once every 5 minutes is deemed to meet this standard. E. Screen Area Calculation: The required wetted screen area (square feet), excluding the area affected by structural components, is calculated by dividing the maximum diverted flow (cubic-feet per second) by the allowable approach velocity (feet per second). Example:, 1.0 cubic-feet per second / 0.33 feet per second = 3.0 square feet Unless otherwise specifically agreed to, this calculation shall be done at the minimum stream stage. 3. SWEEPING VELOCITY (Velocity component parallel to screen face) A. In Streams And Rivers: The sweeping velocity should be at least two times the allowable approach velocity. B. In Canals: The sweeping velocity shall exceed the allowable approach velocity. Experience has shown that sweeping velocities of 2.0 feet per second (or greater) are preferable. C. Design Considerations: Screen faces shall be designed flush with any adjacent screen bay piers or walls, to allow an unimpeded flow of water parallel to the screen face. 4. SCREEN OPENINGS A. Porosity: The screen surface shall have a minimum open area of 27 percent. We recommend the maximum possible open area consistent with the availability of appropriate material, and structural design considerations. The use of open areas less than 40 percent shall include consideration of increasing the screen surface area, to reduce slot velocities, assisting in both fish protection and screen cleaning. B. Round Openings: Round openings in the screening shall not exceed 3.96mm (5/32in). In waters where steelhead rainbow trout fry are present, this dimension shall not exceed 2.38mm (3/32in). C. Square Openings: Square openings in screening shall not exceed 3.96mm (5/32in) measured diagonally. In waters where steelhead rainbow trout fry are present, this dimension shall not exceed 2.38mm (3/32in) measured diagonally. D. Slotted Openings: Slotted openings shall not exceed 2.38mm (3/32in) in width. In waters where steelhead rainbow trout fry are present, this dimension shall not exceed 1.75mm (0.0689in). 5. SCREEN CONSTRUCTION A. Material Selection: Screens may be constructed of any rigid material, perforated, woven, or slotted that provides water passage while physically excluding fish. The largest possible screen open area which is consistent with other project requirements should be used. Reducing the screen slot velocity is desirable both to protect fish and to ease cleaning requirements. Care should be taken to avoid the use of materials with sharp edges or projections which could harm fish. B. Corrosion And Fouling Protection: Stainless steel or other corrosion-resistant material is the screen material recommended to reduce clogging due to corrosion. The use of both active and passive corrosion protection systems should be considered. Consideration should be given to anti-fouling material choices, to reduce biological fouling problems. Care should be taken not to use materials deemed deleterious to fish and other wildlife. C. Project Review And Approval: Plans and design calculations, which show that all the applicable screening criteria have been met, shall be provided to the Department before written approval can be granted by the appropriate Regional Manager. The approval shall be documented in writing to the project sponsor, with copies to both the Deputy Director, Habitat Conservation Division and the Deputy Director, Wildlife and Inland Fisheries Division. Such approval may include a requirement for post-construction evaluation, monitoring and reporting. D. Assurances: All fish screens constructed after the effective date of these criteria shall be designed and constructed to satisfy the current criteria. Owners of existing screens, approved by the Department prior to the effective date of these criteria, shall not be required to upgrade their facilities to satisfy the current criteria unless: 1. The controlling screen components deteriorate and require replacement (i.e., change the opening size or opening orientation when the screen panels or rotary drum screen coverings need replacing), 2. Relocation, modification or reconstruction (i.e., a change of screen alignment or an increase in the intake size to satisfy diversion requirements) of the intake facilities, or 3. The owner proposes to increase the rate of diversion which would result in violation of the criteria without additional modifications. E. Supplemental Criteria: Supplemental criteria may be issued by the Department for a project, to accommodate new fish screening technology or to address species-specific or site-specific circumstances. F. Variances: Written variances to these criteria may be granted with the approval of the appropriate Regional Manager and concurrence from both the Deputy Director, Habitat Conservation Division and the Deputy Director, Wildlife and Inland Fisheries Division. At a minimum, the rationale for the variance must be described and justified in the request. Evaluation and monitoring may be required as a condition of any variance, to ensure that the requested variance does not result in a reduced level of protection for the aquatic resources. It is the responsibility of the project sponsor to obtain the appropriate fish screen criteria as provided herein. Project sponsors should contact the Department of Fish and Game, the National Marine Fisheries Service (for projects in marine and anadromous waters) and the U.S. Fish and Wildlife Service (for projects in anadromous and fresh waters) for guidance. Copies of the criteria are available from the Department of Fish and Game through the appropriate Regional office, which should be the first point of contact for any fish screening project. Northern California and North Coast Region; 601 Locust Street, Redding, CA 96001 - (530) 225-2300. Sacramento Valley and Central Sierra Region; 1701 Nimbus Drive, Rancho Cordova, CA 95670 - (916) 358-2900. Central Coast Region; 7329 Silverado Trail/P.O. Box 46, Yountville, CA 94599 - (707) 944-5500. San Joaquin Valley-Southern Sierra Region; 1234 E. Shaw Avenue, Fresno, CA 93710 - (209) 243-4005. South Coast Region; 4649 View Crest Avenue, San Diego, CA 92123 - (619) 467- 4201. Eastern Sierra and Inland Deserts Region; 4775 Bird Farms Road, Chino Hills, CA 91709 - (909) 597-9823. Marine Region; 20 Lower Ragsdale Drive, #100, Monterey, CA 93940 - (831) 649- 2870. Technical assistance can be obtained directly from the Habitat Conservation Division; 1416 Ninth Street, Sacramento, CA 95814 - (916) 653-1070. The National Marine Fisheries Service - Southwest Region "Fish Screening Criteria for Anadromous Salmonids, January 1997" are also available from their Southwest Region; 777 Sonoma Avenue, Room 325, Santa Rosa, CA 95402 - (707) 575-6050. s 749.2. Incidental Take of Xantus's Murrelet (Synthliboramphus hypoleucus) During Candidacy Period. Note: Authority cited: Sections 200, 202, 205, 240 and 2084, Fish and Game Code. Reference: Sections 200, 202, 205, 240, 2080, 2084 and 2085, Fish and Game Code. s 750. Authority. These regulations are prescribed by the Director of the California Department of Fish and Game, the California Fish and Game Commission, and the California Wildlife Conservation Board, hereafter referred to as Fish and Game, under authority granted in Public Resources Code Section 21082 to implement, interpret, or make specific Sections 21000 through 21176 of the Public Resources Code (The California Environmental Quality Act of 1970 -Division 13, Public Resources Code, 21000 et seq.) and Sections 15000 through 15203 of the California Administrative Code (Guidelines for Implementation of the California Environmental Quality Act of 1970 -Division 6, Title 14, Cal. Adm. Code, Chap. 3) adopted by the California Resources Agency under Public Resources Code Section 21083. Note: Authority cited: Section 21080.5, Public Resources Code; Section 15050 of the State EIR Guidelines. Reference: Section 21080.5, Public Resources Code; Section 15050 of the State EIR Guidelines. s 751. Short Title. Fish and Game CEQA Implementation Regulations. Note: Authority cited: Section 21080.5, Public Resources Code; Section 15050 of the State EIR Guidelines. Reference: Section 21080.5, Public Resources Code; Section 15050 of the State EIR Guidelines. s 752. Purpose. The purpose of these regulations is to further specify the objectives and criteria, and the procedures to be followed by Fish and Game in implementing the California Environmental Quality Act of 1970, hereinafter referred to as CEQA, and the Guidelines for Implementation of the California Environmental Quality Act of 1970, as adopted February 7, 1973 and all subsequent amendments thereto, hereinafter referred to as the State EIR Guidelines. The State EIR Guidelines are incorporated into these regulations by reference, as though they are set out in full. These procedural regulations are to be used in conjunction with the State EIR Guidelines. Note: Authority cited: Section 21080.5, Public Resources Code; Section 15050 of the State EIR Guidelines. Reference: Section 21080.5, Public Resources Code; Section 15050 of the State EIR Guidelines. s 753. Policy. As early as possible and in all cases prior to a decision concerning a project as defined in CEQA and the State EIR Guidelines, Fish and Game, acting as a lead agency (Section 21080.3 and 21080.4 of CEQA, Section 15030 of the State EIR Guidelines), or an agency with jurisdiction by law to exercise authority over natural resources which may be affected by the project (Section 21080.3 and 21080.4 of CEQA) will, in consultation with the public and appropriate federal, state, and local agencies, assess in detail the potential environmental impact of a project in order that adverse effects are avoided, and environmental quality is preserved, restored or enhanced to the fullest extent practicable. Project alternatives that will minimize significant adverse impact will be explored and evaluated in order to avoid to the fullest extent practicable undesirable consequences to the environment. It is Fish and Game policy that consideration of the potential environmental impact of all actions is of the highest priority. It is further Fish and Game policy to involve affected federal, state, and local agencies, private organizations, and members of the public to the fullest extent practicable in the environmental impact assessment process. Note: Authority cited: Section 21080.5, Public Resources Code; Section 15050 of the State EIR Guidelines. Reference: Section 21080.5, Public Resources Code; Section 15050 of the State EIR Guidelines. s 753.5. Collection of Filing Fees. (a) Fee Schedule (also see subsection 753.5(g) of these regulations). (1) Statutorily Exempt Projects: All projects statutorily exempt from the provisions of the California Environmental Quality Act shall incur no fee. (See sections 15260-15277, title 14, CCR.) (2) Categorically Exempt Projects: All projects categorically exempt by regulations of the Secretary for Resources from the provisions of the California Environmental Quality Act shall incur no fee. (See sections 15300-15329, title 14, CCR.) (3) De Minimis Projects: All projects found by the lead agency to be de minimis in their effect on fish and wildlife shall incur no fee. (See subsection 753.5(c) of these regulations). (4) Negative Declaration Projects: All projects for which a Negative Declaration has been prepared pursuant to section 21080(c) of the Public Resources Code shall incur a fee of $1,250.00. (See subsection 753.5(c) of these regulations). (5) Environmental Impact Report Projects: All projects for which an Environmental Impact Report has been prepared pursuant to section 21151 of the Public Resources Code shall incur a fee of $850.00. (See subsection 753.5(c) of these regulations). (b) Parties Responsible for Payment of Fees. Pursuant to subdivision 711.4(c) of the Fish and Game Code, all project applicants subject to the California Environmental Quality Act shall pay a filing fee for each project for which an EIR or Negative Declaration has been approved. In the case of projects subject to the discretionary approval of local government or nonstate public agencies the following regulations apply: (1) Local or Non-state Public Agencies Undertaking a Project: When a local or non-state public agency acts in its own proprietary capacity in undertaking a project, the local agency or non-state public agency, shall be considered to be the applicant (section 15351, title 14, CCR) and be required to remit the fee. (2) Private Entities or Special Districts Proposing Projects Subject to Environmental Review and Discretionary Approval by Local Government: When local land use authorities are granting a license, permit or entitlement to project applicants, the Private entity or special district shall be considered to be the applicant and be required to remit the fee. (c) Fee Exemption for De Minimis Impact Finding. Notwithstanding subsections (a)(4) and (5), if the lead agency (as defined by section 21067 of the Public Resources Code) finds that, considering the record as a whole a project involves no potential for adverse effect, either individually or cumulatively on wildlife (as defined by section 711.2 of the Fish and Game Code), no fee is required. A lead agency claiming a de minimis exemption shall comply with the following provisions: (1) The lead agency's findings of fact shall include the following information in order to qualify for a de minimis exemption: (A) The name and address of the project proponent; (B) A brief description of the project and its location, including county: (C) A statement that an initial study has been conducted by the lead agency so as to evaluate the potential for adverse environmental impact; and (D) A declaration that when considering the record as a whole there is no evidence before the agency that the proposed project will have potential for an adverse effect on wildlife resources or the habitat upon which the wildlife depends. (E) A declaration that the lead agency has, on the basis of substantial evidence, rebutted the presumption of adverse effect contained in these regulations at subsection (d). (2) At the time a lead agency approves or determines to carry out a project subject to the California Environmental Quality Act, it shall complete, if appropriate, a Certificate of Fee Exemption (DFG 753.5 - 5/91) and adopt the findings of fact described above in subsection (c)(1). (3) Upon certification of the contents of the Certificate of Fee Exemption (DFG 753.5 - 5/91) by the chief planning official, the lead agency shall retain the original certificate as part of the environmental record and file two copies of the certificate with the county clerk along with the Notice of Determination as provided in section 21152 of the Public Resources Code pertaining to local agencies, or with the Office of Planning and Research as provided in section 21108 of the Public Resources Code, pertaining to state agencies. (d) Presumption of Adverse Effect. (1) If the Environmental Checklist form found in the Secretary for Resources' guidelines (14 CCR, section 15000 et seq., Appendix I) or the initial study conducted by the lead agency indicates that the project may or will in the lead agency's opinion result in chances to the resources listed in subsections (A) through (G) below, it is presumed, unless rebutted by substantial evidence in the record, that the project will have a potential for adverse effect on fish and wildlife resources or the habitat upon which the wildlife depends. (A) Riparian land, rivers, streams, watercourses, and wetlands under state and federal jurisdiction; (B) Native and non-native plant life and the soil required to sustain habitat for fish and wildlife; (C) Rare and unique plant life and ecological communities dependent on plant life; and (D) Listed threatened and endangered plant and animals and the habitat in which they are believed to reside. (E) All species of plant or animals as listed as protected or identified for special management in the Fish and Game Code, the Public Resources Code, the Water Code or regulations adopted thereunder. (F) All marine and terrestrial species subject to the jurisdiction of the Department of Fish and Game and the ecological communities in which they reside. (G) All air and water resources the degradation of which will individually or cumulatively result in a loss of biological diversity among the plants and animals residing in that air and water. (e) Collection Procedures for County Clerks. (1) Each project proponent shall remit to the county clerk on or before the filing of Notice of Determination (see Public Resources Code, section 21152) the fee required under Fish and Game Code section 711.4(d). Without the appropriate fee, de minimis finding, statutory or categorical exemption (see subsection 753.5(a) of these regulations) the Notice of Determination is not operative, vested or final, shall not be accepted by the clerk and shall be returned to the lead agency with notification of fee requirement and a statement that, pursuant to section 21089(b) of the Public Resources Code "the project is not operative, vested, or final until the filing fees are paid." (2) In the event of nonpayment of the documentary handling fee authorized under Fish and Game Code, section 711.4, the county clerk shall have the discretion to not accept a filing until the handling fee is paid. Upon rejection of any filing under this subsection, the clerk may return the Notice of Determination to the lead agency with notification of fee requirement. (3) Only one fee shall be paid per project. In the event a project requires multiple Notices of Approval or Determination by lead and/or responsible agencies, the fee shall be paid at the time or before the lead agency files the Notice of Approval or first Notice of Determination. Upon payment, the applicant shall retain the receipt for presentation to any additional agencies whose approval may be required. A copy of that receipt shall be attached to any additional Notices of Determination that may be required for the same project. This copy shall suffice as documentation that the fee has been paid. (4) All checks are to be payable to the county where the filing is made. The county in turn will deposit the checks into its treasury and remit the fees collected to the State Treasurer on a monthly basis. (5) To maintain accountability and to track all project applications, the Department has developed press numbered Environmental Filing Fee Cash Receipts (DFG 753.5a - 5/91). These cash receipts, or a Department approved alternative cash receipt, must be used in conjunction with this collection procedure. (To obtain Department approval the substitute receipt must provide the same information as in DFG.753.5a - 5/91 and contain four copies for distribution.) The original receipt is to be issued to a project applicant when payment is made in conjunction with filing a Notice of Determination (Public Resources Code, section 21152). The second copy is to be submitted to the Department on a monthly basis. The remaining copies will be retained by the county (one for the lead agency and one for the county clerk). (6) For projects that are categorically exempt (sections 15260-15277, or 15300-15329, title 14, CCR) and are filed with the county clerk, the Environmental Filing Fee Cash Receipt shall also be completed and attached to the Notice of Exemption in order to ensure accountability in section 753.5(e)(5) above. The cash receipt will indicate "project that is exempt from fees". If a documentary handling fee of $25.00 maximum is charged by the county clerk, the receipt shall so indicate. (7) For projects that the lead agency has found to be de minimis it is mandatory that a copy of the Certificate of Fee Exemption, certified by the lead agency's chief planning official be attached to the Notice of Determination. (8) Within 30 days after the end of each month in which the filing fees are collected, each county will summarize and record the amount collected on the monthly State of California Form No. CA 25 (TC 31) report (available from State Controller's office) and remit the amount collected to the State Treasurer. IDENTIFY THE REMITTANCE ON THE STATE OF CALIFORNIA FORM NO. CA 25 (TC 31) AS "ENVIRONMENTAL DOCUMENT FILING FEES" PER FISH AND GAME CODE SECTION 711.4. DO NOT COMBINE THE ENVIRONMENTAL FEES WITH THE STATE SHARE OF FISH AND GAME FINES. The following documents are to be mailed by the county clerks to the Department of Fish and Game, Fiscal and Administrative Services Branch, 1416 Ninth Street. Box 944209, Sacramento, California 94244-2090, on a monthly basis: (A) A photocopy of the monthly State of California Form No. CA 25 (TC 31); (B) Department copies of all cash receipts (including all voided receipts); (C) A copy of all "Certificates of Fee Exemption"; (D) A copy of all Notices of Approval or Determination filed with the county during the preceding month; and (E) Name, address and telephone number of all project applicants for which a Notice of Determination has been filed. If this information is contained on the cash receipt filed with the Department under section 753.5(e)(5) above, no additional information is required. (f) Retention of Records. In order to ensure that records are available for Department audit and accountability purposes, the documents required by these regulations (section 753.5(e)(8)(A) through (E)) shall be retained for a period of 9 months. The county clerk shall make available to the Department, and its representatives, for purposes of inspection and review, any and all of its books, papers, documents and other records. The aforesaid records shall be available for inspection and review during regular business hours. (g) Cost Recovery by County Clerks. (1) The county clerk is authorized pursuant to Fish and Game Code, section 711.4(e) to charge a documentary handling fee for each environmental document received by the clerk pursuant to Public Resources Code section 21152(a) or 21152(b). (2) If the county is acting in its capacity as a "lead agency" and the costs of complying with these filings and remittance activities exceeds $25.00 per document, the county clerk is authorized under Public Resources Code, Section 21089 to charge and recover the estimated costs incurred by the clerk at the time the lead agency files the Notice of Determination or Exemption as required under Public Resources Code, section 21152. (h) Collection Procedures - Statutory Assessment. (1) Unpaid Fee Defined - An unpaid fee shall for the purposes of this regulation be defined as either of the following: (A) In the event a project applicant fails to remit the fees due under Fish and Game Code section 711.4(d) to the county clerk on or before the time of filing of a Notice of Determination pursuant to Public Resources Code section 21152; or with the Office of Planning and Research as required under Public Resources Code section 21108; or with the Secretary for Resources as required under Public Resources Code section 21080.5; (B) If the filing of a de minimis exemption where the legal presumption has not in the judgment of the Department been rebutted by substantial evidence in the record. (2) If the county clerk, the Office of Planning and Research, or Secretary for Resources accepts the Notice of Determination without the required filing fee, the unpaid fee is a statutory assessment and such assessment is final pursuant to Revenue Taxation Code section 6757(b)(4) upon the date the county clerk, the Office of Planning and Research, or the Secretary for Resources accepts the Notice of Determination/Approval without the required Environmental Filing Fee. (3) If the county clerk accepts a Notice of Determination for filing with a de minimis exemption certificate and the Department of Fish and Game, upon audit of the record of environmental filings received, determines that the legal presumption of adverse effect was not rebutted by substantial evidence, the Department of Fish and Game shall notice the project applicant and upon 20 days from mailing of the notice the unpaid fee shall then become a final statutory assessment pursuant to Revenue and Taxation Code, section 6757(b)(4). (4) Enforceable Lien - Upon non-payment of the Environmental Filing Fee as required under Fish and Game Code section 711.4(d) by any person as defined under Revenue and Taxation Code, section 6005, the amount of the liability including penalties, interest, and any costs shall thereupon be a perfected and enforceable statutory lien subject to chapter 14 commencing with section 7150 of the Government Code. Note: Authority cited: Sections 702 and 711.4, Fish and Game Code. Reference: Sections 702, 710.5, 711.4 and 1607, Fish and Game Code. s 754. Environmental Review Procedures. The following procedures shall be used when Fish and Game has been designated as the lead agency pursuant to the State EIR Guidelines. (Sec. 15065). Note: Authority cited: Section 21080.5, Public Resources Code; Section 15050 of the State EIR Guidelines. Reference: Section 21080.5, Public Resources Code; Section 15050 of the State EIR Guidelines. s 755. Determination of Lead Unit. The Fish and Game unit having the lead role for the environmental evaluation process shall be that unit with the primary responsibility for proposing to carry out or recommending approval of a project, and shall have responsibility for ensuring that the evaluation process as set forth in CEQA, the State EIR Guidelines, and these procedures is followed. In the event that a project requires joint proposal or approval of two or more Fish and Game units, then the unit executives shall meet and determine which shall be the lead unit, and what information and other assistance shall be provided by the other responsible units. (Sec. 15065). Note: Authority cited: Section 21080.5, Public Resources Code; Section 15050 of the State EIR Guidelines. Reference: Section 21080.5, Public Resources Code; Section 15050 of the State EIR Guidelines. s 756. Applicability of CEQA. The lead unit shall determine whether or not a proposed action is in fact a "project" as defined by CEQA, and necessitates CEQA compliance. (Sec. 15037). "Project" means the whole of an action which has a potential for resulting in a direct or indirect physical change in the environment as follows: (a) Activities directly undertaken by Fish and Game; (b) Activities undertaken by a person which are supported in whole or in part through contracts, grants, subsidies, loans or other forms of assistance provided by Fish and Game; (c) Activities involving the issuance to Fish and Game of a lease, permit, license, certificate or other entitlement for use by one or more public agencies. Note: Authority cited: Section 21080.5, Public Resources Code; Section 15050 of the State EIR Guidelines. Reference: Section 21080.5, Public Resources Code; Section 15050 of the State EIR Guidelines. s 757. Exempt Projects. Planning and feasibility studies, ministerial projects, and classes designated by the State EIR Guidelines as "Categorical exemptions" are considered exempt from the provisions of CEQA. It is further modified by the State EIR Guidelines to exclude emergencies (Section 15071), legislative proposals (Section 15037(b)(2)), continuing administrative or maintenance activities (Section 15037(b)(3)), and "where it can be seen with certainty that the activity in question will not have a significant effect on the environment" (Section 15060). In addition, these guidelines are not applicable to those Fish and Game Commission programs or activities that are exempted from CEQA through certification by the Secretary for Resources under the provisions of Section 21080.5 CEQA. The lead unit shall determine which projects are exempt and shall prepare a Notice of Exemption. This notice shall be forwarded from the lead unit to ESB for review, and from there to the Director's office. If the exemption is approved, it shall then be forwarded and filed with the Resources Agency. The filing of a notice of exemption starts a 35 day statute of limitations period on legal challenges. A copy shall be filed in ESB files and a copy returned to the lead unit. If the exemption is not approved, the lead unit will be notified. Specific exemptions include: (a) Feasibility and Planning Studies. Feasibility and planning studies are exempted by Section 21102 of CEQA. This section provides that funds shall not be requested or authorized for any project, other than a project involving only feasibility or planning studies for possible future actions not approved, adopted, or funded, which may have a significant effect on the environment, unless an impact report has been prepared. However, environmental factors are to be considered during such studies. (b) Ministerial Projects. Ministerial projects are exempted from CEQA by Section 21080(b). Ministerial projects, as defined in the Section 15032 of the State EIR Guidelines, include those activities defined as projects which are undertaken or approved by a governmental decision which a public officer or public agency makes upon a given state of facts in a prescribed manner in obedience to the mandate of legal authority. The following activities of Fish and Game are hereby considered to be ministerial projects as authorized by Section 15192(b) of the State EIR Guidelines: (1) Issuance of fishing and hunting licenses, stamps, and tags, falconry licenses, and trapping licenses; (2) Actions concerning enforcement of the Fish and Game Code and other State laws; (3) Licensing of pheasant clubs, commercial hunting clubs, and domesticated migratory waterfowl shooting areas; (4) Issuance of the following permits: domesticated fish breeder's permit; fish transportation permit; suction dredge permit; fish importation permit; private fish stocking permit; depredation permit; explosives permit; scientific collecting permit; bird banding permit; migratory waterfowl feeding permit; permit to import and possess prohibited species of wild animals; permit for Indians to transport game off reservations; permit for Commission approval for taking of deer; permit to take or herd birds or mammals with the aid of vehicles or aircraft. Other projects may be ministerial and the determination of this status shall be made by Fish and Game on a case-by-case basis, depending upon analysis of the laws relevant to the project. (c) Categorical Exemptions. Categorical exemptions are those classes of projects which are exempted from the requirements of CEQA, through adoption by the Secretary for Resources (Public Resources Code Section 21084). These exemptions have been made upon a finding that the projects will have no significant effect on the environment. This finding has been made as stated in Section 15100 et seq. of the State EIR Guidelines. Classes concerning Fish and Game and particular projects to which they apply are as follows: (1) Class 1: Existing Facilities. Class 1 consists of the operation, repair, or maintenance or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of use beyond that previously existing, including but not limited to: (A) Interior or exterior alterations involving such things as interior partitions, plumbing, and electrical conveyances; (B) Existing streets, sidewalks, gutters, bicycle and pedestrian trails, and similar facilities except where the activity will involve removal of a scenic resource including but not limited to a stand of trees, a rock outcropping, or an historic building; (C) Restoration or rehabilitation of deteriorated or damaged structures, facilities or mechanical equipment to meet current standards of public health and safety, unless it is determined that the damage was substantial and resulted from an environmental hazard such as earthquake, landslide, or flood; (D) Additions to existing structures provided that the addition will not result in an increase of more than 50 percent of the floor area of the structure before the addition or alteration, or 2,500 square feet, whichever is less; or, 10,000 square feet if the project is in an area where all public services and facilities are available to allow for maximum development permissible in the General Plan and, the area in which the project is located is not environmentally sensitive; (E) Addition of safety or health protection devices for use during construction of or in conjunction with existing structures, facilities, or mechanical equipment, or topographical features (including navigational devices) where these devices do not have or result in an adverse environmental impact; (F) New copy on existing on-and-off-premise signs; (G) Maintenance of existing landscaping, native growth and water supply reservoirs (including the use of economic poisons, as defined in Division 7, Chapter 2, California Agriculture Code); (H) Maintenance of fish screens, fish ladders, wildlife habitat areas, artificial wildlife watering devices, streamflows, springs and waterholes, and stream channels (clearing of debris) to protect fish and wildlife resources; (I) Production and stocking of fish and wildlife but not including the introduction of new species; (J) Demolition and removal of individual small structures listed in this subsection except where the structures are of historical, archaeological or architectural significance: 1. Single family residences not in conjunction with the demolition of two or more units; 2. Apartments and duplexes designed for not more than four dwelling units if not in conjunction with the demolition of two or more such structures; 3. Offices, if designed for an occupant load of 10 persons or less, if not in conjunction with the demolition of two or more such structures; 4. Accessory (appurtenant) structures including but not limited to garages, carports, roof structures, workshops, storage buildings, well houses, aerators, feed bins, fences, patios and public restroom facilities; (K) Minor repairs and alterations to existing dams and appurtenant structures under the supervision of the Department of Water Resources. (2) Class 2: Replacement or Reconstruction. Class 2 consists of replacement or reconstruction of existing structures and facilities where the new structure will be located on the same site as the structure replaced and will have substantially the same purpose and capacity as the structure replaced, including but not limited to: (A) Fish hatcheries; (B) Office buildings; (C) Residences; (D) Streamflow maintenance dams; (E) Public restroom facilities; (3) Class 3: New Construction of Small Structures. Class 3 consists of construction and location of single, new facilities or structures and installation of new equipment and facilities including but not limited to: (A) Single family residences not in conjunction with the building of two or more such units. (B) Offices and laboratories if designed for an occupant load of 20 persons or less if not in conjunction with the building of two or more such structures. (C) Accessory (appurtenant) structures including garages, carports, public restroom facilities, workshops, storage buildings, feed bins, roof structures, aerators, and well houses. (4) Class 4: Minor Alterations to Land. Class 4 consists of minor public or private alterations in the condition of land, water and/or vegetation which do not involve removal of mature, scenic trees except for forestry and agricultural purposes. Examples include but are not limited to: (A) Grading on land with a slope of less than 10 percent or under one acre, except where it is to be located in a waterway, in any wetland, in an officially designated (by Federal, State, or local governmental action) scenic area, in officially mapped areas of severe geologic hazard, or, in the habitat of a rare or endangered species of fish or wildlife; (B) New gardening or landscaping but not including tree removal; (C) Filling of earth into previously excavated land with material compatible with the natural features of the site; (D) Minor alterations in land, water and vegetation on existing officially designated wildlife management areas or fish production facilities which result in improvement of habitat for fish and wildlife resources or greater fish production; (E) Minor temporary uses of land having negligible or no permanent effects on the environment. (5) Class 5: Alterations in Land Use Limitations. Class 5 consists of minor alterations in land use limitations in areas with less than a 20% slope, which do not result in any changes in land use or density, including but not limited to: (A) Minor lot line adjustments, side yard and set back variances not resulting in the creation of any new parcel; (B) Issuance of minor encroachment permits; (C) Reversion to acreage in accordance with the Subdivision Map Act. (6) Class 6: Information Collection. Class 6 consists of basic data collection, research, experimental management and resource evaluation activities which do not result in a serious or major disturbance to an environmental resource. These may be for strictly information gathering purposes, or as part of a study leading to an action which a public agency has not yet approved, adopted or funded, including but not limited to: (A) Fish and wildlife life history studies, including collection or marking of animals and obtaining data on the vital statistics of fish and wildlife populations and their use by man; (B) Measurement and monitoring of pesticides, heavy metals, thermal discharges, and other pollutants, including bioassays and testing of oil spill cleanup agents; (C) Experimental development and evaluation of fish and wildlife habitat; (D) Experimental introduction of exotic species, experimental fish and wildlife culture and stocking, and transplants of native and established species; (E) Evaluation of the effects of fish and wildlife protection or enhancement facilities or measures (e.g. fish screens, vegetation removal from spawning areas, deer escape devices in canals); (F) Research on fish and wildlife diseases and parasites; (G) Studies of the impact of land and water use changes on fish and wildlife; (H) Habitat inventory programs. (7) Class 7: Actions by Regulatory Agencies for Protection of Natural Resources. Class 7 consists of actions taken by regulatory agencies as authorized by state law or local ordinance to assure the maintenance, restoration, or enhancement of a natural resource where the regulatory process involves procedures for protection of the environment. Examples include but are not limited to wildlife preservation activities of the State Department of Fish and Game. Examples include but are not limited to: (A) Actions to close areas to hunting and sport fishing; (B) Approval of ecological reserves and wildlife management areas (but not acquisition or development); (C) Elimination or control of undesirable species, including chemical treatment of streams, lakes and reservoirs; (D) Vegetation development, manipulation, or fertilization to increase habitat productivity for fish and wildlife, including controlled burning; (E) Botulism and other disease control measures; (F) Development of springs and waterholes and artificial wildlife watering devices for fish and wildlife maintenance or enhancement purposes. Construction activities are not included in this exemption. (8) Class 8: Actions by Regulatory Agencies for Protection of the Environment. Class 8 consists of actions taken by regulatory agencies as authorized by state or local ordinance, to assure the maintenance, restoration, enhancement or protection of the environment where the regulatory process involves procedures for protection of the environment. Construction activities are not included in this exemption. (9) Class 9: Inspections. Class 9 consists of activities limited entirely to inspection, to check for performance of an operation, or quality, health or safety of a project, including: (A) Related activities such as inspection for possible mis-labeling, mis-representation or adulteration of products; (B) Live freshwater fish and marine shellfish importation inspection; (C) Fish disease inspection; (D) Game bird farm inspections; (E) Inspections of private and public zoological gardens. (10) Class 10: Loans. Class 10 consists of loans made by the Department of Veterans Affairs under the Veterans Farm and Home Purchase Act of 1943, mortgages for the purchase of existing structures where the loan will not be used for new construction and the purchase of such mortgages by financial institutions. (11) Class 11: Accessory Structures. Class 11 consists of construction, or placement of minor structures accessory to (appurtenant to) existing commercial, industrial, or institutional facilities, including but not limited to: (A) On-premise signs; (B) Small parking lots; (C) Placement of seasonal or temporary use items such as portable restrooms, checking stations, or other facilities designed for public use. (12) Class 12: Surplus Government Property Sales. Class 12 consists of sales of surplus government property except for parcels of land located in an area of statewide interest or potential area of critical concern as identified in the Governor's Environmental Goals Policy Report prepared pursuant to Government Code 65041 et seq. However, if the surplus property to be sold is located in those areas identified in the Governor's Environmental Goals and Policy Report, its sale is exempt if: (A) The property does not have significant values for wildlife habitat or other environmental purposes; and, (B) Any of the following conditions exist: 1. The property is of such size or shape that it is incapable of independent development or use, or 2. The property to be sold would qualify for an exemption under any other class of categorical exemption in Article 8 of these guidelines, or 3. The use of the property and adjacent property has not changed since the time of purchase by the public agency. (13) Class 13: Acquisition of Lands for Wildlife Conservation Purposes. Class 13 consists of the acquisition of lands for fish and wildlife conservation purposes including preservation of fish and wildlife habitat, establishing ecological reserves under Fish and Game Code Section 1580, and preserving access to public lands and waters where the purpose of the acquisition is to preserve the land in its natural condition. (14) Class 14: Minor Additions to Schools. Class 14 consists of minor additions to existing schools within existing schoolgrounds where the addition does not increase original student capacity by more than 25% or five classrooms, whichever is less. The addition of portable classrooms is included in this exemption. (15) Class 15: Minor Land Divisions. Class 15 consists of the division of property in urbanized areas zoned for residential, commercial, or industrial use into four or fewer parcels when the division is in conformance with the General Plan and zoning, no variances or exceptions are required, all services and access to the proposed parcels to local standards are available, the parcel was not involved in a division of a larger parcel within the previous 2 years, and the parcel does not have a slope greater than 20%. (16) Class 16: Transfer of Ownership of Land in Order to Create Parks. Class 16 consists of the acquisition or sale of land in order to establish a park where the land is in a natural condition or contains historic sites or archaeological sites and either: (A) The management plan for the park has not been prepared, or (B) The management plan proposes to keep the area in a natural condition or preserve the historic or archaeological site. CEQA will apply when a management plan is proposed that will change the area from its natural condition or significantly change the historic or archaeological site. (17) Class 17: Open Space Contracts or Easements. Class 17 consists of the establishment of agricultural preserves, the making and renewing of open space contracts under the Williamson Act, or the acceptance of easements or fee interests in order to maintain the open space character of the area. The cancellation of such preserves, contracts, interests or easements is not included. (18) Class 18: Designation of Wilderness Areas. Class 18 consists of the designation of wilderness areas under the California Wilderness System. (19) Class 19: Annexations of Existing Facilities and Lots for Exempt Facilities. Class 19 consists of only the following annexations: (A) Annexations to a city or special district of areas containing existing public or private structures developed to the density allowed by the current zoning or pre-zoning of either the gaining or losing governmental agency whichever is more restrictive, provided, however, that the extension of utility services to the existing facilities would have a capacity to serve only the existing facilities. (B) Annexation of individual small parcels of the minimum size for facilities exempted by Section 15103, New Construction of Small Structures. (20) Class 20: Changes in Organization of Local Agencies. Class 20 consists of changes in the organization of local governmental agencies where the changes do not change the geographical area in which previously existing powers are exercised. Examples include but are not limited to: (A) Establishment of a subsidiary district; (B) Consolidation of two or more districts having identical powers; (C) Merger with a city of a district lying entirely within the boundaries of the city. (21) Class 21: Enforcement Actions by Regulatory Agencies. Class 21 consists of actions by regulatory agencies to enforce or revoke a lease, permit, certificate, or other entitlement for use issued, adopted or prescribed by the regulatory agency of law, general rule, standard, or objective, administered or adopted by the regulatory agency. Such actions include, but are not limited to, the following: (A) The direct referral of a violation of lease, permit, license, certificate, or entitlement for use or of a general rule, standard, or objective to the Attorney General, District Attorney, or City Attorney as appropriate, for judicial enforcement. (B) The adoption of an administrative decision or order enforcing or revoking the lease, permit, license, certificate, or entitlement for use or enforcing the general rule, standard, or objective. Construction activities undertaken by the public agency taking the enforcement or revocation action are not included in this exemption. (22) Class 22: Educational or Training Programs Involving No Physical Changes. Class 22 consists of the adoption, alteration, or termination of educational or training programs which involve physical changes only in the interior of existing school or training structures. Examples include, but are not limited to: (A) Development of or changes in curriculum or training methods; (B) Changes in the grade structure in a school which do not result in changes in student transportation. (23) Class 23: Normal Operations of Facilities for Public Gatherings. Class 23 consists of the normal operations of existing facilities for public gatherings for which the facilities were designed, where there is a past history of the facility being used for the same kind of purpose. Facilities included within this exemption include, but are not limited to racetracks, stadiums, convention centers, auditoriums, amphitheaters, planetariums, swimming pools and amusement parks. (24) Class 24: Regulation of Working Conditions. Class 24 consists of actions taken by regulatory agencies, including the Industrial Welfare Commission as authorized by statute, to regulate any of the following: (A) Employee wages; (B) Hours of work; or (C) Working conditions where there will be no demonstrable physical changes outside the place of work. (25) Class 25: Transfers of Ownership of Interests in Land to Preserve Open Space. Class 25 consists of the transfers of ownership of interests in land in order to preserve open space. Examples include but are not limited to: (A) Acquisition of areas to preserve the existing natural conditions; (B) Acquisition of areas to allow continued agricultural use of the areas; (C) Acquisition to allow restoration of natural conditions; (D) Acquisition to prevent encroachment of development into flood plains. (26) Class 26: Acquisition of Housing for Housing Assistance Programs. Class 26 consists of actions by a redevelopment agency, housing authority, or other public agency to implement an adopted Housing Assistance Plan by acquiring an interest in housing units. The housing units may be either in existence or possessing all required permits for construction when the agency makes its final decision to acquire the units. (27) Class 27: Leasing New Facilities. Class 27 consists of the leasing of a newly constructed or previously unoccupied privately owned facility by a local or state agency where the local governing authority determined that the building was exempt from CEQA. To be exempt under this section, the proposed use of the facility: (A) Shall be in conformance with existing State plans and policies and with general, community, and specific plans for which an EIR or Negative Declaration has been prepared; (B) Shall be substantially the same as that originally proposed at the time the building permit was issued; (C) Shall not result in a traffic increase of greater than 10% of front access road capacity; and (D) Shall include the provision of adequate employee and visitor parking facilities; (E) Examples of Class 27 include but are not limited to: 1. Leasing of administrative offices in newly constructed office space; 2. Leasing of client service offices in newly constructed retail space; 3. Leasing of administrative and/or client service offices in newly constructed industrial parks. All of the exemptions listed above are inapplicable if the cumulative impact over a period of time has a significant effect on the environment. Note: Authority cited: Section 21080.5, Public Resources Code; Section 15050 of the State EIR Guidelines. Reference: Section 21080.5, Public Resources Code; Section 15050 of the State EIR Guidelines. s 758. Initial Study. If a project for which Fish and Game has assumed the role of Lead Agency is subject to the requirements of CEQA, and not found to be exempt, the lead unit shall conduct an Initial Study to determine if the project may have a significant effect on the environment unless the lead unit can determine that the project will clearly have a significant effect. If any aspects of the project, either individually or cumulatively, may cause a significant effect on the environment, regardless of whether the overall effect of the project is adverse or beneficial, then an EIR must be prepared. All phases of project planning, implementation, and operation must be considered in the Initial Study of the project. To meet the requirements of this section, the Lead Agency may use an Initial Study prepared pursuant to the National Environmental Policy Act. The purposes, contents, uses, submission of data, format and consultation required shall be in accordance with Section 15080 of the State EIR Guidelines. Early consultation shall include all responsible agencies, agencies with legal jurisdiction over natural resources affected by the project, and appropriate Fish and Game personnel, including Regional Environmental Services Supervisors and/or Environmental Services Branch. Information from the Initial Study and comments obtained through consultation shall assist the lead unit in determining whether or not the project may have a significant effect on the environment. If any aspects of the project, either individual or cumulative, may cause a significant effect on the environment, and EIR must be prepared. If no significant effects are found, a Statement of Negative Declaration is required. (a) Purposes. The purposes of an Initial Study are to: (1) Identify environmental impacts; (2) Enable modification of a project, mitigating adverse impacts before an EIR is written: (3) Focus an EIR, if one is required, on potentially significant environmental effects; (4) Facilitate environmental assessment early in the design of a project; (5) Provide documentation of the factual basis for the finding in a Negative Declaration that a project will not have a significant effect on the environment; (6) Eliminate unnecessary EIRs. (b) Contents. An Initial Study shall contain in brief form: (1) A description of the project; (2) An identification of the environmental setting; (3) An identification of environmental effects by use of a checklist, matrix, or other method; (4) A discussion of ways to mitigate the significant effects identified, if any; (5) An examination of whether the project is compatible with existing zoning and plans; (6) The name of the person or persons who prepared or participated in the Initial Study. (c) Uses. (1) The Initial Study shall be used to provide a written determination of whether a Negative Declaration or an EIR shall be prepared for a project. (2) Where a project is revised in response to an Initial Study so that potential adverse effects are mitigated to a point where no significant environmental effects would occur, a Negative Declaration shall be prepared instead of an EIR. If the project would still result in one or more significant effects on the environment after mitigation measures are added to the project, an EIR shall be prepared. (3) The EIR shall emphasize study of the impacts determined to be significant and can omit further examination of those impacts found to be clearly insignificant in the Initial Study. (d) Submission of Data. If the project is to be carried out by a private person or private organization, Fish and Game may require such person or organization to submit data and information which will facilitate preparation of the Initial Study. (e) Determining Significant Effect. (1) The determination of whether a project may have a significant effect on the environment calls for careful judgment on the part of the public agency involved based to the extent possible on scientific and factual data. Prior to determining whether a Negative Declaration or Environmental Impact Report is required for a project, the lead unit will consult with all responsible agencies and all Trustee Agencies responsible for resources affected by the project as required by Section 15066(b) of the State EIR Guidelines. If a substantial body of opinion considers the effects of the project to be adverse, Fish and Game should prepare an EIR to explore the environmental effects involved. (2) In evaluating the significance of the environmental effect of a project, the responsible Fish and Game unit shall consider both primary or direct and secondary or indirect consequences. Primary consequences are immediately related to the project (the construction of a new treatment plant may facilitate population growth in a particular area), while secondary consequences are related more to primary consequences than to the project itself (an impact upon the resource base, including land, air, water and energy use of the area in question may result from the population growth). (f) Mandatory Findings of Significance. A project shall be found to have a significant effect on the environment if: (1) The project has the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal, or eliminate important examples of the major periods of California history or prehistory. (2) The project has the potential to achieve short-term environmental goals to the disadvantage of long-term environmental goals; (3) The project has possible environmental effects which are individually limited but cumulatively considerable. As used in this subsection, "cumulatively considerable" means that the incremental effects of an individual project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects; (4) The environmental effects of a project will cause substantial adverse effects on human beings, either directly or indirectly. During this Initial Study, the lead unit should consult with other appropriate Fish and Game personnel, including Regional Environmental Services Supervisors and/or the Environmental Services Branch for assistance. Note: Authority cited: Section 21080.5, Public Resources Code; Section 15050 of the State EIR Guidelines. Reference: Section 21080.5, Public Resources Code; Section 15050 of the State EIR Guidelines. s 759. Preparation and Filing of Negative Declaration. A Negative Declaration shall be prepared for a project which could potentially have a significant effect on the environment, but which Fish and Game finds on the basis of an Initial Study will not have a significant effect on the environment. Before completing a Negative Declaration, Fish and Game shall consult with all responsible agencies pursuant to Section 15066 of the State EIR Guidelines. This consultation shall be accomplished through transmittal of the results of the Initial Study to the agencies by a memorandum from the Director requesting their comments and recommendations on the proposed Negative Declaration. Coordination and staff assistance to the Lead Unit will be the responsibility of the Environmental Services Branch. The Negative Declaration shall include: (a) A brief description of the project; including a commonly used name for the project, if any; (b) The location of the project and the name of the project proponent; (c) A finding that the project will not have a significant effect on the environment; (d) An attached copy of the Initial Study documenting reasons to support the finding; (e) Mitigation measures, if any, included in the project to avoid potentially significant effects. Note: Authority cited: Section 21080.5, Public Resources Code; Section 15050 of the State EIR Guidelines. Reference: Section 21080.5, Public Resources Code; Section 15050 of the State EIR Guidelines. s 760. Staff Review of Negative Declarations. Immediately upon completion, two copies of a Draft Negative Declaration shall be submitted to the Environmental Services Branch (ESB) for review. ESB will review the document, coordinate with other Branches and Regions as appropriate, and forward the document and a letter of comment to the Director. This review will be completed within 10 days of receipt. (a) If the document is acceptable, ESB will notify the lead unit. This unit will then prepare a Notice of Intent and a Draft Negative Declaration for transmittal to the Secretary for Resources, a Notice of Intent and 25 copies of the Draft Negative Declaration for transmittal to the local agency or clearinghouse, and copies of the Draft Negative Declaration, as appropriate, for transmittal to other involved units of the Department. (b) If the document requires revisions, ESB will notify the lead unit. The responsible unit will make the appropriate revisions and resubmit the Draft Negative Declaration to ESB for the Director's approval. Note: Authority cited: Section 21080.5, Public Resources Code; Section 15050 of the State EIR Guidelines. Reference: Section 21080.5, Public Resources Code; Section 15050 of the State EIR Guidelines. s 761. Notice of Preparation. Notice of the Preparation of Negative Declaration shall be provided to the public within a reasonable period of time prior to final adoption by the Department of the Negative Declaration. Notice shall be given to all organizations and individuals who have previously requested such notice, including responsible agencies and shall also be given by at least one of the following procedures: (a) Publication by the public agency in a newspaper of general circulation in the area affected by the proposed project; (b) Posting of notice by the public agency on and off site for a period of at least two weeks in the area where the project is to be located; (c) Direct mailing to owners of property contiguous to the project. The alternatives for providing notice as specified above shall not preclude Fish and Game from providing additional notice by other means if it so desires, nor shall the requirements of this section preclude the Fish and Game from providing the public notice required herein at the same time and the same manner as public notice otherwise required by law for such project. Note: Authority cited: Section 21080.5, Public Resources Code; Section 15050 of the State EIR Guidelines. Reference: Section 21080.5, Public Resources Code; Section 15050 of the State EIR Guidelines. s 762. Notice of Determination. After making a decision to carry out or approve a project for which a Negative Declaration has been prepared, the responsible unit shall file a Notice of Determination with a copy of the Negative Declaration attached. The Notice of Determination shall include: (a) The decision of the agency to approve or disapprove the project; (b) The determination of the agency whether the project will have a significant effect on the environment; and (c) A statement that no EIR has been prepared pursuant to the provisions of CEQA. The notice of determination shall be filed with the Secretary for Resources. The filing of the Notice of Determination with the Secretary for Resources starts a 30 day statute of limitations on court challenges to the approval under CEQA [Section 21167(b)]. Note: Authority cited: Section 21080.5, Public Resources Code; Section 15050 of the State EIR Guidelines. Reference: Section 21080.5, Public Resources Code; Section 15050 of the State EIR Guidelines. s 763. State, Federal and Public Review. Filing the Negative Declaration with the Secretary for Resources and State Clearinghouse shall provide an opportunity for Federal, State and local agencies and members of the public to respond to the findings. Copies of the Negative Declaration shall be available for public inspection upon request during normal Department working hours at 1416 Ninth Street, Sacramento, or may be requested through regional offices of the Department of Fish and Game. If no objections to the project are received within 45 days, the project will be approved, unless there has been a request for a specific reasonable extension of time. Within 10 days after project approval, a Notice of Determination shall be transmitted from the Director of the Department of Fish and Game to the Secretary of Resources. Note: Authority cited: Section 21080.5, Public Resources Code; Section 15050 of the State EIR Guidelines. Reference: Section 21080.5, Public Resources Code; Section 15050 of the State EIR Guidelines. s 764. Decision to Prepare an EIR. If the Department of Fish and Game finds after an Initial Study that the project may have a significant effect on the environment, Fish and Game must prepare or cause to be prepared an Environmental Impact Report. An EIR should be prepared whenever it can be fairly argued on the basis of substantial evidence that the project may have a significant effect on the environment. An EIR should be prepared when there is serious public controversy concerning the environmental effect of a project. Controversy not related to an environmental issue does not require the preparation of an EIR. The purpose of EIRs is set forth in Section 15012 of the State EIR Guidelines stating in part: "An Environmental Impact Report is an informational document which, when fully prepared in accordance with the CEQA and these guidelines, will inform public decision-makers and the general public of the environmental effects of the projects they propose to carry out or approve." (a) Early Consultation. (1) Before completing a draft EIR consisting of the information specified in Sections 15141, 15142, and 15143 of the State EIR Guidelines, Fish and Game shall consult with all Responsible Agencies. In addition, if it has not already done so, Fish and Game should also consult directly with any person or organization it believes will be concerned with the environmental effects of the project. Many public agencies have found that early consultation solves many potential problems that would arise in more serious form later in the review process. (2) For projects where federal involvement might require preparation of a federal EIS, Fish and Game should consult with the appropriate federal agency on the need for an EIS. If both an EIR and EIS are needed, the documents should be prepared jointly where federal regulations or procedures allow, or the EIR should be prepared pursuant to Section 15063 of the State EIR Guidelines. Preparation of a separate EIR and EIS for the same project should be avoided, if possible. Note: Authority cited: Section 21080.5, Public Resources Code; Section 15050 of the State EIR Guidelines. Reference: Section 21080.5, Public Resources Code; Section 15050 of the State EIR Guidelines. s 765. Contents of EIRs. The contents of Draft EIRs and Final EIRs are prescribed in Sections 15140 and 15150 of the State EIR Guidelines. The title of a Draft EIR shall begin with the statement, "Draft Environmental Impact Report," followed by the project name. Note: Authority cited: Section 21080.5, Public Resources Code; Section 15050 of the State EIR Guidelines. Reference: Section 21080.5, Public Resources Code; Section 15050 of the State EIR Guidelines. s 766. Procedure. In the preparation of a Draft EIR, as with the Initial Study, the author may consult with the Regional Environmental Services Supervisor and/or the Environmental Services Branch for assistance. When preparing an EIR for a non-governmental person, such person shall be required to submit data and information required by Sections 15141-15145 of the State EIR Guidelines. All such data and information may be submitted in the form of a Draft EIR, however, Fish and Game assumes responsibility for the adequacy and objectivity of the EIR. Note: Authority cited: Section 21080.5, Public Resources Code; Section 15050 of the State EIR Guidelines. Reference: Section 21080.5, Public Resources Code; Section 15050 of the State EIR Guidelines. s 767. Staff Review. Immediately upon completion, two copies of a Draft shall be submitted to ESB for review. ESB will review the document, coordinate with other Branches and Regions as appropriate, and forward the document and a letter of comments to the Director. This review will be completed within 10 to 60 days of receipt, depending on the project scope. (a) If the document is acceptable, ESB will notify the lead unit . This unit will then prepare a Notice of Intent and a Draft EIR for transmittal to the Secretary for Resources, a Notice of Intent and 25 copies of the Draft EIR for transmittal to the local agency or clearinghouse, and copies of the Draft EIR, as appropriate, for transmittal to other involved units of the Department. (b) If the document requires revisions, ESB will notify the lead unit and resubmit the Draft EIR to the Director for approval. Note: Authority cited: Section 21080.5, Public Resources Code; Section 15050 of the State EIR Guidelines. Reference: Section 21080.5, Public Resources Code; Section 15050 of the State EIR Guidelines. s 768. Fees for the Preparation and Processing of EIRs. When Fish and Game prepares and processes an EIR under the requirements of Section 15037(a)(2) or 15037(a)(3) of the State EIR Guidelines, an initial fee shall be levied and collected from the project proponent before undertaking the preparation of the EIR. (a) The minimum initial fee shall be based upon Fish and Game's estimated expenses in preparing the EIR. A detailed account of the derivation of this estimate shall be provided to the project proponent. (b) Fish and Game shall separately account for the initial fee collected and the changes thereto. The status of the account shall be provided to the project proponent at regular periodic intervals established by mutual agreement. If, during the preparation of the EIR, it is determined that the costs will exceed the initial fee, the project proponent shall be required to pay the additional amount in advance of the work funded thereby. A final accounting shall be rendered by Fish and Game after the Final EIR is considered and adopted. (c) If in the final accounting the initial fee exceeds the actual costs incurred by Fish and Game for the preparation and processing of the EIR, the excess shall be refunded. If the actual costs exceed the amount of the initial fee, the project proponent shall be billed for the difference. Note: Authority cited: Section 21080.5, Public Resources Code; Section 15050 of the State EIR Guidelines. Reference: Section 21080.5, Public Resources Code; Section 15050 of the State EIR Guidelines. s 769. Advance Notice to Secretary for Resources. A Notice of Completion and a copy of the Draft EIR shall be filed with the Secretary for Resources at least three working days before release of the draft EIR for state, federal and public review, in accordance with Section 15085(c) of the State EIR Guidelines. Note: Authority cited: Section 21080.5, Public Resources Code; Section 15050 of the State EIR Guidelines. Reference: Section 21080.5, Public Resources Code; Section 15050 of the State EIR Guidelines. s 770. State, Federal and Public Review. Filing the Draft EIR with the Secretary for Resources and State and local clearinghouses shall provide an opportunity for Federal, State and local agencies and members of the public to respond. EIRs shall be available for public inspection upon request during normal working hours at 1416 Ninth Street, Sacramento, or may be requested through Regional offices of the Department of Fish and Game. Copies shall be made available to the general public for the actual cost of reproducing such copies. (a) In accordance with Section 15160 of the State Guidelines, Fish and Game shall provide a minimum of 45 calendar days between release of the Draft EIR and the final date for receipt of comments. ESB shall specify the length of the review period after considering the physical and environmental complexities of the proposed project. Unless there has been a request for a specific reasonable extension of time, only those comments received within the review period shall be considered. (b) Whenever a public hearing is held on the project as a part of the review and approval process, hearings on the Draft EIR shall be included. In all other cases, the Director shall determine the need for public hearings on the Draft EIR in accordance with Section 15165 of the State Guidelines. Such public hearings shall not be held until at least 45 days after release of the Draft EIR for review and comment. Note: Authority cited: Section 21080.5, Public Resources Code; Section 15050 of the State EIR Guidelines. Reference: Section 21080.5, Public Resources Code; Section 15050 of the State EIR Guidelines. s 771. Final EIR Preparation. Fish and Game lead unit shall evaluate significance of comments received and shall respond to those comments found to raise significant environmental points, and incorporate comments and responses in the Final EIR, in accordance with Sections 15085(d), 15085(e), and 15146(a) of the State EIR Guidelines. (a) The form of the Final EIR shall be that deemed most appropriate by the Director. The title of a Final EIR shall begin with the statement, "Final Environmental Impact Report," followed by the project name. All comments and responses shall be either an attachment to the EIR or incorporated within a revised EIR in accordance with Section 15146(b) of the State Guidelines. (b) In accordance with Section 15166 of the State EIR Guidelines, comments received shall be maintained in the files of Fish and Game for a reasonable period. Note: Authority cited: Section 21080.5, Public Resources Code; Section 15050 of the State EIR Guidelines. Reference: Section 21080.5, Public Resources Code; Section 15050 of the State EIR Guidelines. s 772. Final EIR Review. In accordance with Sections 1060 and 1070 of the State Administrative Manual, the final EIR will be submitted with a second Notice of Completion to OPR, the Agency Secretaries, the State Library, and other appropriate public agencies. At least 14 days shall be allowed for these agencies to object to the adequacy with which the Final EIR met objections or recommendations made on the project during the review of the Draft EIR. Note: Authority cited: Section 21080.5, Public Resources Code; Section 15050 of the State EIR Guidelines. Reference: Section 21080.5, Public Resources Code; Section 15050 of the State EIR Guidelines. s 773. Processing of Final EIR. As required by Section 15085(g) of the State Guidelines, the final EIR shall be presented to the Director of the department. The Director shall certify that the final EIR has been completed in compliance with CEQA and the State EIR Guidelines and that he has reviewed and considered the information contained in the EIR. Note: Authority cited: Section 21080.5, Public Resources Code; Section 15050 of the State EIR Guidelines. Reference: Section 21080.5, Public Resources Code; Section 15050 of the State EIR Guidelines. s 774. Findings. Fish and Game shall not approve or carry out a project for which an environmental impact report has been completed which identifies one or more significant effects of the project unless the public agency makes one or more of the following written findings for each of those significant effects, accompanied by a statement of the facts supporting each finding. (a) Changes or alterations have been required in, or incorporated into, the project which mitigate or avoid the significant environmental effects thereof as identified in the final EIR. (b) Such changes or alterations are within the responsibility and jurisdiction of another public agency and not the agency making the finding. Such changes have been adopted by such other agency or can and should be adopted by such other agency. (c) Specific economic, social, or other considerations make infeasible the mitigation measures or project alternatives identified in the final EIR. These findings required by Section 774 shall be supported by substantial evidence in the record. The finding in subsection (b) shall not be made if Fish and Game has concurrent jurisdiction with another agency to deal with identified feasible mitigation measures or alternatives. Note: Authority cited: Section 21080.5, Public Resources Code; Section 15050 of the State EIR Guidelines. Reference: Section 21080.5, Public Resources Code; Section 15050 of the State EIR Guidelines. s 775. Statement of Overriding Considerations. In accordance with Section 15089 of the State EIR Guidelines, if a project is approved for which serious adverse environmental consequences have been identified in an EIR, a statement may be made identifying the other interests that warrant approval. If such a statement is made, it should be included in the record of the project approval and may be attached to the Notice of Determination. Note: Authority cited: Section 21080.5, Public Resources Code; Section 15050 of the State EIR Guidelines. Reference: Section 21080.5, Public Resources Code; Section 15050 of the State EIR Guidelines. s 776. Notice of Determination. Within ten days after the decision on a project, Fish and Game shall file a Notice of Determination with the Secretary for Resources in accordance with Section 15085(g) of the State EIR Guidelines. Note: Authority cited: Section 21080.5, Public Resources Code; Section 15050 of the State EIR Guidelines. Reference: Section 21080.5, Public Resources Code; Section 15050 of the State EIR Guidelines. s 777. Final EIR to Local Planning Agencies. At the time of filing the Notice of Determination with the Secretary for Resources, Fish and Game shall file a copy of the final EIR with the local planning agencies as specified in Section 15085(i) of the State EIR Guidelines. Note: Authority cited: Section 21080.5, Public Resources Code; Section 15050 of the State EIR Guidelines. Reference: Section 21080.5, Public Resources Code; Section 15050 of the State EIR Guidelines. s 777.5. Purpose. (a) This Article sets forth the procedure governing the Department of Fish and Game's (the "Department") adoption of regulations which may have a significant effect on the environment. (b) These regulations are adopted by the Department to implement the procedures provided for under California Public Resources Code section 21080.5, which exempts a regulatory program certified by the Secretary of the Resources Agency from certain requirements of the California Environmental Quality Act ( "CEQA"), when the regulatory program requires the preparation of a plan or other written documentation containing environmental information which is functionally similar to that required under CEQA. (c) These regulations are adopted by the Department pursuant to the authority established by the Department's enabling legislation, as set forth in the California Fish & Game Code, including, but not limited to, section 702. (d) If the Resources Agency declines to certify the regulatory program under California Public Resources Code section 21080.5, or if the Resources Agency revokes that certification, then this Article will no longer apply to the Department of Fish and Game's adoption of regulations. Note: Authority cited: Section 702, Fish and Game Code. Reference: Section 21080.5, Public Resources Code. s 777.6. Contents of Initial Statement of Reasons. (a) When the Department proposes to adopt, amend, or repeal a standard or regulation that falls within Section 777.5(a), above, the Department shall prepare and make available an Initial Statement of Reasons to accompany the proposed Department regulations, as required by Government Code section 11346.2. (b) In addition to the information required by Government Code section 11346.2, the Initial Statement of Reasons shall contain the following material: (1) A description of the proposed regulations and any possible significant adverse effects of the proposed regulations on the environment. If there are no significant adverse effects, the description shall so state. Such statement shall be supported by documentation describing the possible effects that the Department examined in reaching its conclusion. (2) A statement of feasible alternatives to the proposed regulations and mitigation measures available to substantially lessen any significant or potentially significant adverse effect of the proposed regulations on the environment; or a statement that, because the Department's review of the proposed regulations showed that the proposed regulations would not have any significant or potentially significant effects on the environment, no alternatives or mitigation measures are proposed to avoid or reduce significant effects on the environment. Such statement shall be supported by documentation describing the possible effects that the Department examined in reaching its conclusion. Note: Authority cited: Section 702, Fish and Game Code. Reference: Section 21080.5(d)(2), Public Resources Code. s 777.7. Circulation of Notice and Initial Statement of Reasons; Solicitation of Comments and Consultation with Agencies Which Have Jurisdiction by Law; Subsequent Notices. (a) The Initial Statement of Reasons and the proposed regulations shall be available for review and comment by other public agencies and the general public, as required by Government Code section 11346.8. The public review period shall be at least forty-five (45) days. (b) Notice of the proposed action and availability of the Initial Statement of Reasons and the proposed regulations shall be mailed and published at least 45 days before the close of the public comment period, as required by Government Code section 11346.4. Such notice shall comply with Government Code section 11346.5 and shall include a request for input by the public and other public agencies. (c) After the Notice is published, the Department shall consult with all other public agencies which have jurisdiction by law with respect to the activities involved in the proposed regulations. (d) If changes or additions to the proposed regulations are made or if material is added to the record, subsequent notice and opportunity for comment by the public and other public agencies shall be provided as required by Government Code section 11346.8. Note: Authority cited: Section 702, Fish and Game Code. Reference: Section 21080.5(d)(2)(iii) and (iv), Public Resources Code. s 777.8. Evaluation and Adoption of Proposed Regulations. (a) When preparing the Initial Statement of Reasons, the Department shall evaluate proposed regulations for consistency with the Department's enabling legislation. The Department's evaluation shall be set forth in writing in the Initial Statement of Reasons. (b) When evaluating proposed regulations, the Department shall utilize an interdisciplinary approach that will ensure the integrated use of the natural and social sciences in decision making, consistent with the environmental protection purposes of the Department's enabling statute. The evaluation shall address both short-term and long-term effects on the environment, and shall also address growth-inducing effects and any potential cumulative effects. (c) Any proposed regulations for which significant adverse environmental effects have been identified during the review process shall not be approved or adopted as proposed if there are feasible mitigation measures or feasible alternatives available which would avoid or substantially lessen any significant adverse effect which the proposed regulations may have on the environment, in accordance with Public Resources Code section 21081. (d) If the analysis identifies significant adverse environmental effects for which feasible mitigation measures are not available, it shall also include a statement describing any specific environmental, economic, legal, social, technological, or other benefits which might justify the significant environmental effects of the proposed regulations. (e) In addition to meeting the requirements of Government Code section 11346.9(a)(3), if comments are received from other public agencies and members of the public during the evaluation process which raise significant environmental points, the Department shall summarize and respond to such comments in writing prior to taking final action on the proposed regulations and such written responses shall be included in the record of the rulemaking proceeding. Note: Authority cited: Section 702, Fish and Game Code. Reference: Sections 21080.5(d)(2)(i), (ii) and (iv), and 21081, Public Resources Code. s 777.9. Notice of Decision. (a) A notice of the final decision by the Department, which indicates whether the proposed regulations will, or will not, have a significant effect on the environment, shall be filed with the Secretary of the Resources Agency. The notice of the final decision shall be available for public inspection, and a list of the notices will be posted on a weekly basis in the Office of the Resources Agency, and will remain posted for a period of thirty (30) days. Note: Authority cited: Section 702, Fish and Game Code. Reference: Section 21080.5(d)(2)(v), Public Resources Code. s 778. General. The nature and extent of Fish and Game's review of EIRs and Negative Declarations will be determined by the following conditions: (a) Fish and Game has legal jurisdiction with respect to a project as it affects natural resources which are held in trust for the people of the State of California. Note: Authority cited: Section 21080.5, Public Resources Code; Section 15050 of the State EIR Guidelines. Reference: Section 21080.5, Public Resources Code; Section 15050 of the State EIR Guidelines. s 779.5. Review of Projects Affecting Natural Resources Held in Public Trust -Early Consultation. Under conditions specified in Section 21080.3 of CEQA, a lead agency shall consult with Fish and Game prior to the decision of whether an EIR or Negative Declaration is required. Comments shall be provided by the responsible regional unit. Section 21080.4 of CEQA requires lead agencies to send a Notice of Determination to Fish and Game if an EIR is required. Upon receipt of such notice ESB personnel shall send the Notice to the responsible regional unit. This unit shall specify the scope and content of environmental information germane to Fish and Game statutory responsibilities and identify specific concerns with the project. The above information shall be provided in writing to ESB for review within 40 days of the date on the Notice of Determination. ESB shall obtain appropriate signatures and forward Fish and Game comments to the Resources Agency within 45 days of the date on the Notice of Determination. In order for the environmental review process of a project to be timely and complete, the responsible regional unit of Fish and Game may request one or more meetings between representatives of agencies involved in the project. In addition, the responsible unit shall attend any such meeting requested by the lead agency or any other agency involved in the project. Such meetings shall be convened as soon as possible, but no later than 30 days, after they have been requested. Note: Authority cited: Section 21080.5, Public Resources Code; Section 15050 of the State EIR Guidelines. Reference: Section 21080.5, Public Resources Code; Section 15050 of the State EIR Guidelines. s 780. Review of Draft EIRs and Negative Declarations. Fish and Game in reviewing environmental documents, shall focus on the sufficiency of the EIR in accordance with Section 15161(c) of the State EIR Guidelines. Comments should focus on any shortcomings in the EIR. The appropriateness of using a Negative Declaration, or additional alternatives or mitigation measures which the document should include. Comments shall be provided by the regional unit to ESB for review. If the comments are sufficient, appropriate signatures shall be obtained, and the comments forwarded to the Resources Agency for incorporation into other Agency comments, if any. If the comments are not sufficient, regional unit personnel and ESB personnel shall coordinate to complete the comments before obtaining necessary signatures. Note: Authority cited: Section 21080.5, Public Resources Code; Section 15050 of the State EIR Guidelines. Reference: Section 21080.5, Public Resources Code; Section 15050 of the State EIR Guidelines. s 780.5. Review of Final EIRs and Negative Declarations. The same procedure shall be used to review final documents as is used to review draft documents. Note: Authority cited: Section 21080.5, Public Resources Code; Section 15050 of the State EIR Guidelines. Reference: Section 21080.5, Public Resources Code; Section 15050 of the State EIR Guidelines. s 781. Designation of Contact Person. Under the conditions and procedures specified above, Fish and Game shall supply with its comments the name of a Fish and Game contact person in accordance with Section 15161(d) of the State EIR Guidelines. Note: Authority cited: Section 21080.5, Public Resources Code; Section 15050 of the State EIR Guidelines. Reference: Section 21080.5, Public Resources Code; Section 15050 of the State EIR Guidelines. s 781.5. Regulation Procedure. (a) When the department submits a recommendation to the commission with regard to adopting regulations which may have a significant effect on the environment, or it is anticipated that a substantial body of opinion will reasonably consider the environmental effect to be adverse, the recommendation shall be presented in written form containing: (1) The proposal, (2) Reasonable alternatives to the proposal, and (3) Mitigation measures to minimize any significant adverse environmental impacts of the proposal. (b) Recommendations from the department shall consider the relevant portions of policies declared by the state legislature and the commission dealing with the management of fish and wildlife resources. (c) Recommendations received from any person other than the department shall be considered as a comment on, or counter proposal to, the recommendations received from the department, and a written response shall be prepared by the department. (d) The commission will evaluate proposals according to how well the recommendations would achieve the purposes and policies of fish and wildlife management described in the Fish and Game Code, and in Division 1, Title 14, California Administrative Code. (e) After receipt of the recommendation from the department, the commission shall consult with all other public agencies having jurisdiction by law with respect to the activities involved in the recommendation. (f) Notice of the filing of the recommendation by the department shall be made to the public following the statutory requirements of the Fish and Game Code. The notification shall be provided early enough that people will have at least 30 days, or until the next meeting, whichever occurs first, to respond to the recommendation before the commission takes its action. Notice shall also be mailed to any person who requests in writing such notification. (g) The commission will not adopt regulations as proposed if there are feasible alternatives or feasible mitigation measures available which would substantially lessen any significant adverse impact which the activity may have on the environment, unless specific economic, social or other conditions make infeasible such project alternatives or such mitigation measures. (h) The final action on the adopting of regulations shall include the written response of the commission to significant environmental points raised during the evaluation process by other public agencies and members of the public. Responses to comments received prior to the final public meeting when the commission must take its action will be prepared in writing prior to the meeting. Responses to comments received at the final meeting may be made orally by the commission during the meeting. Such oral responses will be included in the official written minutes of the meeting. (i) Notice of the adoption of a regulation adopted pursuant to Section 21080.5, Public Resources Code, shall be filed with the Secretary for Resources. The notice shall be available for public inspection and shall remain posted for a period of 30 days. Note: Authority cited: Section 21080.5, Public Resources Code, and Section 15050 of the State EIR Guidelines. Reference: Section 21080.5, Public Resources Code, and Section 15050 of the State EIR Guidelines. Note: Authority cited: Section 87300 and 87304, Government Code. Reference: Sections 87300, et seq., Government Code. s 783.0. Purpose and Scope of Regulations. This article implements Section 2080 and Section 2081 of the Fish and Game Code. This article does not affect the Department's authority to authorize take pursuant to any other provision of this division. Note: Authority cited: Sections 702 and 2081(d), Fish and Game Code. Reference: Sections 2080 and 2081, Fish and Game Code. s 783.1. Prohibitions. (a) No person shall import into this State, export out of this State or take, possess, purchase, or sell within this State, any endangered species, threatened species, or part or product thereof, or attempt any of those acts, except as otherwise provided in the California Endangered Species Act, Fish and Game Code Section 2050, et seq. ( "CESA"), the Native Plant Protection Act, the Natural Community Conservation Planning Act, the California Desert Native Plants Act, or as authorized under this article in an incidental take permit. (b) Subsection (a) applies to any species designated as a candidate species under Section 2074.2 of the Fish and Game Code if the Commission has issued notice under Section 2074.4. (c) Department wildlife management activities. The possession or take of endangered, threatened, or candidate species by employees and agents of the Department for scientific, educational and management purposes, and for law enforcement purposes, is not prohibited. (d) Take of insects. The take of insects and other invertebrates that are not fish as defined in the Fish and Game Code is not prohibited. Note: Authority cited: Sections 702, 1001, 2081(a) and 2081(d), Fish and Game Code. Reference: Sections 2080, 2085, 2062 and 2067, Fish and Game Code. s 783.2. Incidental Take Permit Applications. (a) Permit applications. Applications for permits under this article must be submitted to the Regional Manager. Each application must include all of the following: (1) Applicant's full name, mailing address, and telephone number(s). If the applicant is a corporation, firm, partnership, association, institution, or public or private agency, the name and address of the person responsible for the project or activity requiring the permit, the president or principal officer, and the registered agent for the service of process. (2) The common and scientific names of the species to be covered by the permit and the species' status under CESA, including whether the species is the subject of rules and guidelines pursuant to Section 2112 and Section 2114 of the Fish and Game Code. (3) A complete description of the project or activity for which the permit is sought. (4) The location where the project or activity is to occur or to be conducted. (5) An analysis of whether and to what extent the project or activity for which the permit is sought could result in the taking of species to be covered by the permit. (6) An analysis of the impacts of the proposed taking on the species. (7) An analysis of whether issuance of the incidental take permit would jeopardize the continued existence of a species. This analysis shall include consideration of the species' capability to survive and reproduce, and any adverse impacts of the taking on those abilities in light of (A) known population trends; (B) known threats to the species; and (C) reasonably foreseeable impacts on the species from other related projects and activities. (8) Proposed measures to minimize and fully mitigate the impacts of the proposed taking. (9) A proposed plan to monitor compliance with the minimization and mitigation measures and the effectiveness of the measures. (10) A description of the funding source and the level of funding available for implementation of the minimization and mitigation measures. (11) Certification in the following language: I certify that the information submitted in this application is complete and accurate to the best of my knowledge and belief. I understand that any false statement herein may subject me to suspension or revocation of this permit and to civil and criminal penalties under the laws of the State of California. (b) Information requirements; consultation with Department. Responses to the requirements of section 783.2(a)(5)-(a)(9) shall be based on the best scientific and other information that is reasonably available. At an applicant's request, the Department shall, to the greatest extent practicable, consult with the applicant regarding the preparation of a permit application in order to ensure that it will meet the requirements of this article when submitted to the Department. An analysis prepared pursuant to state or federal laws other than CESA that meets the requirements of section 783.2 and 783.3 may be submitted in an incidental take permit application. Note: Authority cited: Sections 702 and 2081(d), Fish and Game Code. Reference: Section 2081(b) and (c), Fish and Game Code. s 783.3. Compliance with the California Environmental Quality Act. (a) Department as responsible agency. In general, the Department will be a responsible agency for purposes of issuing an incidental take permit where another public agency must approve the project or activity for which the permit is sought and the other agency has taken the lead agency role for purposes of compliance with the California Environmental Quality Act, Public Resources Code section 21000, et seq. ( "CEQA"). Where the Department will be a responsible agency for purposes of CEQA, the following must be included in the permit application required by section 783.2: (1) The name, address, telephone number and contact person of the lead agency. (2) A statement as to whether an environmental impact report, negative declaration, mitigated negative declaration, initial study has been prepared or is being considered, or whether another document prepared pursuant to a regulatory program certified pursuant to Public Resources Code section 21080.5 (and listed in title 14, California Code of Regulations, section 15251) has been prepared or is being considered. (3) At the option of the applicant, a notice of preparation, notice of determination, or draft or final environmental document may be attached. (b) Department as lead agency. In general, the Department will act as the lead agency for purposes of CEQA where issuance of the incidental take permit is the only public agency action subject to CEQA that will be taken with regard to the project or activity for which the permit is sought. Where the Department will act as a lead agency for purposes of issuing an incidental take permit, the permit applicant, in addition to the information required by section 783.2, shall provide sufficient information to enable the Department to determine whether the project or activity for which a permit is sought, as proposed, may result in significant adverse environmental effects in addition to the impacts of taking analyzed pursuant to section 783.2, and, if so, whether feasible alternatives or feasible mitigation measures would avoid or substantially lessen any such significant adverse effects. In such cases, each application shall include an analysis of all potentially significant adverse environmental effects which may result from the project or activity, and either (1) a discussion of feasible alternatives and feasible mitigation measures to avoid or substantially lessen any significant adverse environmental effects or (2) a statement that, because the applicant's analysis of the proposed project showed that the proposed project would not have any significant or potentially significant effects on the environment, no alternatives or mitigation measures are proposed to avoid or substantially lessen significant effects on the environment. This statement shall be supported by documentation describing the potential effects examined in reaching this conclusion. If the analysis identifies significant adverse environmental effects for which feasible mitigation measures are not available, it shall also include a statement describing any specific environmental, economic, legal, social, technological, or other benefits which might justify the significant environmental effects of the project or activity. The analysis and information required by this section shall be provided to the Department as soon as reasonably practicable following the submission of a permit application. Note: Authority cited: Sections 702 and 2081(d), Fish and Game Code; and Section 21080.5, Public Resources Code. Reference: Section 2081(b), Fish and Game Code; and Sections 21002.1, 21069, 21080.1, 21080.3, 21080.4, 21080.5 and 21165, Public Resources Code. s 783.4. Incidental Take Permit Review Standards. (a) Issuance criteria. If an application is submitted in accordance with section 783.2 and section 783.3, the Director shall decide whether or not an incidental take permit should be issued. A permit may only be issued if the Director finds that: (1) The take authorized by the permit will be incidental to an otherwise lawful activity. (2) The applicant will minimize and fully mitigate the impacts of the take authorized under the permit. The measures required to meet this obligation shall be roughly proportional in extent to the impact of the authorized taking on the species. Where various measures are available to meet this obligation, the measures required shall maintain the applicant's objectives to the greatest extent possible. All required measures shall be capable of successful implementation. For purposes of this section only, impacts of taking include all impacts on the species that result from any act that would cause the proposed taking. (3) The permit will be consistent with any regulations adopted pursuant to Fish and Game Code Sections 2112 and 2114. (4) The applicant has ensured adequate funding to implement the measures required under the permit to minimize and fully mitigate the impacts of the taking, and to monitor compliance with, and the effectiveness of, the measures. (b) No incidental take permit shall be issued pursuant to this article if issuance of the permit would jeopardize the continued existence of the species. The Department shall make this determination based on the best scientific and other information that is reasonably available, and shall include consideration of the species' capability to survive and reproduce, and any adverse impacts of the taking on those abilities in light of (1) known population trends; (2) known threats to the species; and (3) reasonably foreseeable impacts on the species from other related projects and activities. (c) Permit conditions. Every permit issued under this article shall contain such terms and conditions as the Director deems necessary or appropriate to meet the standards in this section. In determining whether measures are capable of successful implementation, the Director shall consider whether the measures are legally, technologically, economically and biologically practicable. This provision does not preclude the use of new measures or other measures without an as yet established record of success which have reasonable basis for utilization and a reasonable prospect for success. Note: Authority cited: Sections 702 and 2081(d), Fish and Game Code. Reference: Sections 2081(b) and (c), Fish and Game Code. s 783.5. Incidental Take Permit Process. (a) The Director shall review and render a decision regarding incidental take permit applications in accordance with this section. On-site inspections by the Department may be required prior to a final decision by the Director. (b) Initial review. The Department shall complete an initial review of each incidental take permit application within 30 days of receipt. If the Department determines that the application is complete, it shall notify the applicant that the application has been accepted and shall commence review of the permit application in accordance with section 783.5(c) or section 783.5(d), as applicable. This determination shall be based solely on whether the applicant has provided information responsive to each required element of sections 783.2 and 783.3 and shall not be based on the merits of the application. If an incomplete or improperly executed application is submitted, the Department shall return the application to the applicant with a description of the deficiency. The applicant shall have 30 days from receipt of the returned application to correct the deficiency and re-submit the application. If the Department takes no action within 30 days of receipt, the application shall be deemed complete. The Department may require supplementary information during the application review process after the application is determined to be complete, or is deemed complete, pursuant to this subsection. (c) Department as CEQA responsible agency. If the Department is a responsible agency for purposes of CEQA, the Department shall act in accordance with California Code of Regulations, title 14, section 15096 and other applicable provisions of CEQA and the CEQA Guidelines, California Code of Regulations, title 14, section 15000, et seq.. The Director shall decide whether an incidental take permit can be issued under this article, in accordance with CEQA and the CEQA Guidelines, based on a review of the application; the environmental impact report, mitigated negative declaration or negative declaration, or other environmental documentation prepared pursuant to a regulatory program certified pursuant to Public Resources Code section 21080.5 (and listed in title 14, California Code of Regulations, section 15251), prepared by the lead agency; the lead agency's findings under Section 21081 of the Public Resources Code; and any other available, relevant information included in the record by the Department. (1) If the Department determines that it will not proceed with any of the actions specified in California Code of Regulations, title 14, section 15096(e), the Director shall approve the application and issue a permit, or deny an application, in accordance with this article as soon as possible and no later than the latest of the following dates: (A) 90 days from the date on which the lead agency approved the activity. However, the Department shall, at the request of the applicant, commence processing the application as soon as the information necessary to commence the processing is available. (B) 90 days from the date on which the application was accepted as complete by the Department. (C) If the Department makes a written finding that additional time is necessary due to the complexity of the application or the scope and duration of the requested permit, the 90 day periods for acting upon the permit application may be extended an additional 60 days to at total of 150 days. (2) If the Director decides to approve the application, the Director shall make findings substantiating compliance with section 783.4 and shall make the findings required of a CEQA responsible agency under California Code of Regulations, title 14, section 15096(h). The Director shall then issue the incidental take permit. Within five working days after the issuance or amendment of a permit, the Department shall file a notice of determination under California Code of Regulations, title 14, section 15096(i). (3) If the Director decides to deny the application, the Director shall return the application to the applicant with a written statement of the basis for the denial and a description of any measures the Director deems necessary in order for the application to be approved. (d) Department as lead agency. If the Department is the lead agency under CEQA for purposes of issuing an incidental take permit, the application shall be reviewed, and approved or denied in accordance with this subsection. The Director shall approve an application and issue a permit, or deny the application , under this subsection no later than 120 days from the date on which the completed application is accepted as complete by the Department; provided, however, that the Department may extend this time to no later than 180 days from the date the application is accepted upon a written finding that the extension is necessary due to the complexity of the application or the scope and duration of the requested permit. (1) Review of environmental analysis. After accepting a completed application, the Department shall review the analysis submitted by the applicant pursuant to section 783.3 and make any revisions that the Director deems necessary or appropriate to comply with CEQA. (2) Notice of Public Availability of application. (A) Public review and comment. Once the Department has reviewed and revised the analysis, it shall make the application and analysis available for public review at the headquarters of the region in which the application was submitted and shall distribute copies of a Notice of Public Availability. A minimum of 30 days following distribution of the Notice of Public Availability shall be allowed for public review and comment regarding the application. The Notice of Public Availability shall include the following: 1. the name of the applicant; 2. a brief description of the project or activity for which the permit is sought and its location; 3. the common and scientific names of the species to be covered by the permit; 4. the date on which the Department accepted the application; 5. a description of how copies of the application and analysis can be obtained; 6. the name and telephone number of a contact person within the Department who can answer questions regarding the application; and 7. a statement that the Department seeks written comments from the public regarding the application and analysis, an address to which the comments should be sent, and the deadline for submission of the comments. (B) Distribution of notice. Copies of the Notice of Public Availability shall be distributed as follows: 1. A copy shall be sent to the office of the County Clerk of the county in which the proposed project or activity would take place and, if applicable, to the planning department of the city with jurisdiction over the project or activity, for posting at the customary place for posting environmental matters. 2. If the Director determines that the proposed project or activity is of Statewide significance, a copy shall be filed with the Office of Planning and Research. 3. A copy shall be sent to any other person upon written request. 4. Copies of the Notice of Public Availability may also be posted or made available at such other locations as the Director deems desirable and feasible to provide adequate public notice. (3) Consultation. Concurrent with the distribution of the Notice of Public Availability, the Department shall consult with, and request written comments from, all public agencies with jurisdiction by law over the project or activity for which the permit is sought. (4) Response to comments. The Department shall prepare a written summary and response to all significant environmental points raised during review of the application. (5) Issuance of permit. The Director's decision regarding the application shall be based on the application and analysis, the written summary and response to significant environmental points, and any other available, relevant information included in the record by the Department. The Director shall determine whether or not to issue an incidental take permit pursuant to this article and, in addition, shall determine whether the project or activity, as proposed, may result in any significant adverse environmental effects in addition to the impacts of taking species to be covered by the permit, and, if so, whether feasible alternatives or feasible mitigation measures would avoid or substantially lessen any significant adverse effects. The Director shall not approve the application, as proposed, if there are feasible mitigation measures or alternatives which would substantially reduce any significant adverse effects. If significant adverse effects will likely result even after the inclusion of feasible mitigation measures or alternatives, the Director may approve the application if the Director first makes findings in accordance with the provisions of Section 21081 of the Public Resources Code. (A) If the Director decides to approve the application, the Director shall make findings substantiating compliance with section 783.4 and this subsection (d)(5). The Director shall then issue the incidental take permit. (B) If the Director decides to deny the application, the Director shall return the application to the applicant with a written statement of the basis for the permit denial and a description of any measures the Director deems necessary in order for the application to be approved. (6) Notice of decision. Within five working days of issuing an incidental take permit or denying an application under this subsection(d), the Director shall file a Notice of Decision, which indicates whether the proposed permit will, or will not, have a significant effect on the environment, with the Secretary of the Resources Agency. The Notice of Decision shall include a statement that the Director approved the application and has issued an incidental take permit, or that the Director denied the application. Note: Authority cited: Sections 702 and 2081(d), Fish and Game Code; and Section 21080.5, Public Resources Code. Reference: Section 2081(b), Fish and Game Code; and sections 21002.1, 21069, 21080.1, 21080.3, 21080.4, 21080.5 and 21165, Public Resources Code. s 783.6. General Permit Conditions. The following provisions apply to all permits issued under this article. (a) Assignment or transfer of permit. (1) Except as provided in subsection (a)(2) below, no incidental take permit shall be assigned or transferred without the written consent of the Department, which shall not be unreasonably withheld. (2) With written notice to the Department, any permit may be assigned or transferred without the approval of the Department in the following circumstances: (A) The sale, merger, annexation, consolidation or other acquisition of an institutional, corporate or public entity permit holder by another entity. (B) The transfer of a permit from a natural person to the institutional, corporate, or public employer of such individual. (C) As security for a debt under the provision of any mortgage, deed of trust, indenture, bank credit agreement, or similar instrument. (b) Renewal of permits. (1) Applicants for renewal must submit a written application to the Regional Manager at least 60 days prior to the expiration date of the permit. Applicants must certify in writing that all statements and information in the original application remain current and correct, unless previously changed or corrected. If the information is no longer current or correct, the applicant must provide corrected information. (2) Renewal criteria. The Director shall renew a permit if the application meets the standards in section 783.4. (3) Continuation of permitted project or activity. Any person holding a valid, renewable, incidental take permit who has submitted a timely application for renewal, may continue the activities authorized by the expired permit until the Director has acted on such person's application for renewal. (c) Amendment of permit. (1) Permittee's request. Where circumstances have changed so that a permittee desires to have any condition of a permit modified, such permittee must submit an application and supporting information in conformity with this article. (2) Department amendments. The Department may amend any permit at any time during its term with the concurrence of the permittee, or as required by law. The Department shall amend a permit as required by law regardless of whether the permittee concurs with such amendment. (3) Change of name or address. A permittee is not required to amend a permit or obtain a new permit if there is a change in the legal individual or business name, or in the mailing address of the permittee. A permittee is required to notify the Regional Manager within 10 calendar days of such change. This provision does not authorize any change in location of the conduct of the permitted project or activity when approval of the location is a qualifying condition of the permit. (4) Minor permit amendments. Amendments that would not significantly modify the scope or nature of the permitted project or activity or the minimization, mitigation or monitoring measures in an incidental take permit, as determined by the Department, shall be considered minor permit amendments. Minor permit amendments shall be approved and incorporated into the incidental take permit, or denied, by the Director within 60 days of the permittee's submission of an application for amendment. If the Director approves a minor permit amendment, the Department shall not impose any new permit condition or modify any existing permit condition except when the new or modified condition: (A) relates solely to the minor permit amendment, (B) is required by changes in the law, or (C) is needed to make existing permit conditions consistent with the proposed amendment. (5) Major permit amendments. Amendments that would significantly modify the scope or nature of the permitted project or activity or the minimization, mitigation or monitoring measures in an incidental take permit, or require additional environmental review pursuant to Public Resources Code, section 21166, or California Code of Regulations, title 14, section 15162, as determined by the Department, shall be considered major permit amendments. Requests for major permit amendments shall be reviewed according to the process established for initial permit applications, except that the information and analysis provided in support of an application for a major permit amendment may rely on and supplement the information and analysis used in the initial permit application. (6) Approval standard. The Director shall approve any minor or major permit amendment if the amended permit would continue to meet the standards in section 783.4. (d) Alteration of permit. Permits shall not be altered, erased, or mutilated, and any permit which has been altered, erased, or mutilated shall immediately become invalid. (e) Display of permit. Permits shall be displayed for inspection upon request by the Director or the Director's agents. (f) Surrender of permit. Any person holding a permit shall surrender such permit to the Department upon notification that the permit has been suspended or revoked and all appeal procedures have been exhausted. Note: Authority cited: Sections 702 and 2081(d), Fish and Game Code. Reference: Section 2081(b), Fish and Game Code. s 783.7. Permit Suspension and Revocation. (a) Criteria for suspension. The privileges of exercising some or all of the permit authority may be suspended at any time if the permittee is not in compliance with the conditions of the permit. Any action to suspend any privileges under an incidental take permit shall be limited so as to address the discrete action or inaction that has resulted in the suspension, to the extent consistent with the species protection purposes of the permit. (b) Criteria for revocation. The Director may begin procedures to revoke a permit if the permittee fails within 60 days of written notification pursuant to subsection (c)(3) to correct deficiencies that were the cause of a permit suspension, or if statutory enactments subsequent to the issuance of the permit prohibit the continuation of the permit or the project or activity covered by the permit. Any action to revoke any privileges under an incidental take permit shall be limited so as to address the discrete action or inaction, or statutory enactment, that has resulted in the revocation, to the extent consistent with the species protection purposes of the permit. (c) Procedure for suspension or revocation. (1) When the Director believes there are valid grounds for suspending or revoking a permit the permittee shall be notified in writing of the proposed suspension or revocation by certified or registered mail. In no case shall a proposed revocation notice be issued prior to the 60 day period required by subsection (b). The notice shall identify the permit to be suspended or revoked, the reason(s) for such suspension or revocation, the actions necessary to correct the deficiencies, and inform the permittee of the right to object to the proposed suspension or revocation. The Department may amend any notice of suspension or revocation at any time. (2) Upon receipt of a notice of proposed suspension or revocation the permittee may file a written objection to the proposed action. Such objection must be in writing, must be filed within 45 calendar days of the date of the notice of proposal, must state the reasons why the permittee objects to the proposed suspension or revocation, and may include supporting documentation. (3) A decision on the proposed suspension or revocation shall be made within 45 days after the end of the objection period. The Department shall notify the permittee in writing of the Director's decision and the reasons therefor. The Department shall also provide the applicant with the information concerning the right to request reconsideration of the decision under section 783.8 of this article and the procedures for requesting reconsideration. No permit may be revoked pursuant to this section unless it has first been suspended pursuant to this section. The permit shall remain valid and effective pending any final determination on suspension under this subsection, except that a permit may be suspended immediately if statutory enactments subsequent to the issuance of the permit prohibit the continuation of the permit or the project or activity covered by the permit. Note: Authority cited: Sections 702 and 2081(d), Fish and Game Code. Reference: Section 2081(b), Fish and Game Code. s 783.8. Reconsideration and Appeal Procedures. (a) Request for reconsideration. Any person may request reconsideration of an action under this article if that person is one of the following: (1) An applicant for permit issuance, renewal or amendment who has received written notice of denial; (2) A permittee who has a permit amended, suspended, or revoked; or (3) A permittee who has a permit issued, renewed, or amended but has not been granted authority by the permit to perform all activities requested in the application; or the permit includes minimization or mitigation measures other than those proposed by the applicant. (b) Method of requesting reconsideration. Any person requesting reconsideration of an action under this article must comply with the following criteria: (1) Any request for reconsideration must be in writing, signed by the person requesting reconsideration or by the legal representative of that person, and must be submitted to the Regional Manager. (2) The request for reconsideration must be received by the Regional Manager within 30 days of the date of notification of the decision for which reconsideration is being requested. (3) The request for reconsideration shall state the decision for which reconsideration is being requested and shall state the reason(s) for the reconsideration, including presenting any new information or facts pertinent to the issue(s) raised by the request for reconsideration. (4) The request for reconsideration shall contain a certification in substantially the same form as provided in section 783.2(a)(11). If a request for reconsideration does not contain such certification, but is otherwise timely and appropriate, it shall be held and the person submitting the request shall be given written notice of the need to submit the certification within 15 days. Failure to submit certification shall result in the request being rejected as insufficient in form and content. (c) Inquiry by the Department. The Department may institute a separate inquiry into the matter under consideration. (d) Determination of grant or denial of a request for reconsideration. The Department shall notify the permittee of its decision within 45 days of the receipt of the request for reconsideration. This notification shall be in writing, shall state the reasons for the decision, and shall contain a description of the evidence which was relied upon by the issuing officer. The notification shall also provide information concerning the right to appeal and the procedures for making an appeal. (e) Appeal. A person who has received an adverse decision following submission of a request for reconsideration may submit a written appeal to the Director. An appeal must be submitted within 30 days of the date of the notification of the decision on the request for reconsideration. The appeal shall state the reason(s) and issue(s) upon which the appeal is based and may contain any additional evidence or arguments to support the appeal. (f) Decision on appeal. (1) Before a decision is made concerning the appeal, the appellant may present oral arguments before the Director if the Director judges oral arguments are necessary to clarify issues raised in the written record. (2) The Director shall notify the appellant in writing of his or her decision within 30 calendar days of receipt of the appeal, unless extended for one additional 30-day period for good cause and the appellant is notified of the extension. (3) The decision of the Director shall constitute the final administrative decision of the Department. Note: Authority cited: Sections 702 and 2081(d), Fish and Game Code. Reference: Section 2081(b), Fish and Game Code. s 786.0. Purposes. (a) The purpose of this article is to encourage farmers and ranchers engaged in agricultural activities to establish locally designed programs to voluntarily enhance and maintain habitat for endangered and threatened species. These voluntary local programs shall be suited to the particular circumstances of the local agricultural area where each will be implemented. (b) Upon approval of the voluntary local program by the Department, any taking of candidate, threatened or endangered non-fish species incidental to routine and ongoing agricultural activities is not prohibited by the California Endangered Species Act, Division 3, Chapter 1.5 of the Fish and Game Code, provided that the take occurs on a farm or ranch while implementing the management practices specified in the voluntary local program. (c) The voluntary local programs authorized pursuant to this article shall provide sufficient flexibility to maximize participation and to gain the maximum wildlife benefits without compromising the economics of agricultural operations. Note: Authority cited: Sections 702 and 2086, Fish and Game Code. Reference: Sections 2062, 2067, 2068, 2080, 2086, 2088 and 2089, Fish and Game Code. s 786.1. Definitions. (a) Management Practices. "Management practices" are practical, achievable agricultural practices that, to the maximum extent practicable, avoid and minimize the take of candidate, threatened or endangered species while encouraging enhancement of wildlife habitat without compromising the economics of agricultural operations when undertaken by a farmer or rancher. Examples of management practices include, but are not limited to, establishing brood ponds, installing artificial nesting structures, reducing harvester speed, integrated pest management techniques, planting fallow fields, delaying fall tillage, flooding harvested fields, and establishing wildlife refugia at margins of fields. (b) Routine and Ongoing Agricultural Activities. "Routine and ongoing agricultural activities" shall include the cultivation and tillage of the soil; crop rotation; fallowing; dairying; the production, cultivation, growing, replanting and harvesting of any agricultural commodity including viticulture, vermiculture, apiculture, or horticulture; the raising of livestock, fur bearing animals, fish, or poultry; any practices performed by a farmer on a farm as incident to or in conjunction with those farming operations, including the preparation for market, delivery to storage or to market, or delivery to carriers for transportation to market, including any such activities recognized as compatible uses pursuant to the Williamson Act (Government Code sections 51200 et seq.) provided such activities are consistent with the economics of agricultural operations; and other similar agricultural activities as determined by the Department during its review and approval of a particular voluntary local program. Routine and ongoing agricultural activities do not include conversion of agricultural land to nonagricultural use, timber harvesting activities governed by the State Board of Forestry or activities that intentionally reduce habitat and wildlife to facilitate conversion to non-agricultural use. For the purposes of this article and Division 3, Chapter 1.5, Article 3.5 of the Fish and Game Code, the conversion of rangeland to more intensive agricultural uses such as permanent crops is not considered a routine and ongoing agricultural activity. Ordinary pasture maintenance and renovation and dry land farming operations consistent with rangeland management are considered routine and ongoing agricultural activities. (c) Local Program. A "local program" or a "voluntary local program" is a locally designed voluntary program to encourage the enhancement and maintenance of habitat for candidate, threatened and endangered species and other wildlife in ways compatible with routine and ongoing agricultural activities on farms or ranches, proposed in accordance with section 786.2(a) of this article. (d) Department. For purposes of this article, "Department" means the Director of the Department or any Regional Manager or other Department representative to whom the Director has delegated duties under this article. Note: Authority cited: Sections 702, 2086 and 2089, Fish and Game Code. Reference: Sections 700, 704, 2062, 2067, 2068, 2086, 2087 and 2089, Fish and Game Code. s 786.2. Preparation of a Voluntary Local Program. (a) Local Program Development. A local program shall be developed by a planning committee formed by a group of farmers and/or ranchers or individual farmers or ranchers who own or manage agricultural lands within the geographic area to be covered by the local program. The planning committee, or individual farmer or rancher, shall identify a lead applicant, which may be the local county Agricultural Commissioner or another entity designated by the planning committee. The planning committee shall design a local program in consultation with interested government agencies and in cooperation with interested local private sector entities and interested conservation groups. (b) Consultation. Individuals or groups of farmers and ranchers developing a voluntary local program are encouraged to consult with the Department, the California Department of Food and Agriculture, the local county Agricultural Commissioner, University of California Cooperative Extension agents, the USDA Natural Resources Conservation Service, local Resource Conservation Districts, local non-profit and private sector entities, or other agricultural or wildlife experts in identifying effective management practices. (c) Information and Assistance from the Department. Individuals or groups of farmers and ranchers may propose a voluntary local program to the Department for Department review and assistance. When requested, the Department shall advise and assist in the development of the voluntary management practices and voluntary local program. When providing information and assistance, the Department shall recognize that the State consists of many different climates, habitats and geographies and that management practices will vary throughout the State based on local conditions and local farming and ranching activities. (1) The Department shall assist the individual(s) seeking to establish a voluntary local program with contacts and information from the Department of Food and Agriculture, the local county Agricultural Commissioner, University of California Cooperative Extension agents, local non-profit and private sector entities or other agricultural experts. (2) The Department will, upon request, provide the best available scientific information in its possession on any candidate, threatened, or endangered species within the vicinity of the proposed voluntary local program and any such information the Department has on possible management practices. (3) The Department shall serve as a repository for information concerning possible management practices. The Department may collect information from persons with expertise in agriculture, biology or habitat conservation, including but not limited to representatives of the California Department of Food and Agriculture, the U.S. Department of Agriculture, local county agricultural commissioners, University of California Cooperative Extension agents, the Farm Bureau, the Bureau of Land Management, the University of California at Riverside and Davis, California State University at Fresno, California Polytechnic University at Pomona and San Luis Obispo, and the Cattlemen's Association, and shall review the information with the California Department of Food and Agriculture for the purpose of obtaining advice as to the information's practical application to local programs. The Department will incorporate available information developed in the preparation and establishment of each voluntary local program into that repository to facilitate the establishment of subsequent voluntary local programs and to periodically update information. (d) Voluntary Local Program Plan Elements. The following elements shall be included in the voluntary local program: (1) Area Description. A description of the area to be covered by the voluntary local program needs to include: geographic boundaries; the number of acres covered by the voluntary local program area; the habitat enhancement opportunities and constraints bearing upon the development of recommended management practices; candidate, threatened, and endangered species and wildlife likely to benefit from the local program; and reasonably attainable interim targets and long-range goals for increasing the quantity and quality of wildlife habitat throughout the program area. (2) Designated Representative. The local program shall identify the name and address of one or more designated representative(s) who will serve as a contact person for communications between the voluntary local program and Department. (3) List of Management Practices. The management practices so listed shall be described in an appendix to the voluntary local program in sufficient detail so that farmers, ranchers and program reviewers may understand what the practices are, how these practices may be recognized in the field, and how these practices are intended to minimize the take of candidate, threatened and endangered species while encouraging the enhancement of habitat. The Department shall not require land set-aside or conservation easements as a management practice. (4) Activities Covered by the Plan. A description of the general types of agricultural activities covered and a reasonable estimate of the type and amount of habitat to be maintained and enhanced and how any significant adverse environmental effects are addressed by the plan. This element may include a description of any agreements required under section 1603 of the Fish and Game Code that are intended to be approved during the term of the voluntary local program. (5) Best Available Scientific Information. A statement with supporting evidence that the management practices are supported by the best available scientific information for both agricultural and habitat conservation practices. The Department shall not require the development of additional scientific information or data as a condition of approval for the voluntary local program. (6) Flexibility. A statement with supporting evidence that the voluntary local program is designed to provide sufficient flexibility to maximize participation and to gain maximum wildlife benefits without compromising the economics of agricultural operations. (7) Environmental Analysis. An environmental analysis meeting the requirements of this subsection shall be prepared and submitted to the Department, except that when another public agency is acting as lead agency under the California Environmental Quality Act, Public Resources Code sections 21000 et seq. ( "CEQA"), in the preparation and adoption of the local program, the Department, acting as a responsible agency, will consider the lead agency's environmental document in place of this environmental analysis. The environmental analysis shall include a description of the proposed local program and an analysis of any potentially significant adverse effects of the local program on the environment. (A) If no potentially significant adverse effect is identified, a statement to that effect shall be provided and supported by a checklist or other documentation, based on substantial evidence. (B) If potentially significant adverse environmental effects are identified, the following shall be included: 1. A detailed statement of whether additional management practices are necessary to reduce potentially significant adverse effects to a level less than significant; and 2. If potentially significant adverse effects remain after full consideration of the environmental benefits from the proposed management practices, a detailed statement shall be prepared of potentially feasible alternatives to the local plan and additional potentially feasible management practices that would substantially lessen any remaining potentially significant adverse environmental effects. The analysis shall address both short-term and long-term significant effects on the environment, and shall also address growth-inducing effects and potential cumulative effects. The analysis shall identify any significant adverse environmental impacts that remain after implementation of all reasonable and feasible alternatives and management practices. If remaining significant environmental effects are identified, it shall also include a statement describing any public benefits of the plan, including the management practices which substantially lessen the significant environmental effects of the activity. (8) Administrative Plan. The written administrative plan, which describes how the voluntary local program is administered, shall include: a record keeping process which will document implementation of the program's management practices while protecting the confidentiality of participants and conforming with confidentiality under section 786.2(d)(10) of this article; a procedure for developing, reviewing and revising recommendations for management practices; a procedure for assessing the acreage benefitting from the local program on an annual basis; and a procedure for revoking the participation in the local program of any local program participant who fails to conduct agricultural activities or recommended management practices in a manner which is consistent with the requirements of the local program. Failure to conduct an agricultural activity or recommended management practice due to an act of nature or an event beyond the control of a local program participant shall not constitute grounds for program or individual participant revocation. Any participant whose enrollment is involuntarily revoked shall be required to comply with the procedures for withdrawal from the local program. (9) Withdrawal and Termination of the Voluntary Local Program. This element shall include terms and conditions for withdrawing individual participation in the voluntary local program or for termination of the entire voluntary local program. These terms and conditions shall establish a reasonable time period and reasonable measures to minimize impacts to listed species in the area during withdrawal from or termination of the local program, without compromising the economics of agricultural operations. These terms and conditions: (A) Shall provide for notice to the Department of intent to terminate the voluntary local program or of the withdrawal of any individual farmer or rancher. (B) Shall not require land set-aside for impacts to wildlife caused by withdrawing participation in the voluntary local program, and shall not impose penalties or disincentives for withdrawing participation. (C) Shall not prohibit take of listed species during termination or withdrawal provided that the terms and conditions governing withdrawal or termination have been followed. (10) Confidentiality. All information generated by a voluntary local program or an individual landowner in the course of participation in the local program that identifies or indicates the existence of endangered, threatened or otherwise protected species or their habitat on a particular farm or ranch, including but not limited to observations, records, correspondence and communications, shall be confidential to the extent permitted by the Public Records Act and other applicable laws. Confidentiality shall be ensured by the local program, members of the program committee, all public agencies and each of their respective agents and employees who obtain such information to the extent permitted by law. Confidential information may only be used or shared as necessary for the administration, approval or denial of a local program, or as otherwise required by law or expressly authorized in this article. Nothing in this article waives, compromises or eliminates any right of confidentiality recognized in the state's Public Records Act or Evidence Code. Waiver of any right of confidentiality for such information shall not be a condition for approval of a local program or participation in a local program. The confidentiality provisions of this section extend to the reports prepared pursuant to section 786.7 of this article unless the release of information is authorized in writing by an individual landowner specifically for that purpose. (11) Annual Report. The annual report shall include a summary of the acreage benefitting from the local program and a summary of the success of the management practices listed pursuant to subsection (d)(3) of this section and recommendations, if any, on how to further improve voluntary participation by farmers and ranchers and further improve benefits to wildlife. The annual report shall not include information generated by a voluntary local program or an individual landowner that identifies or indicates the existence of endangered, threatened or otherwise protected species or their habitat on a particular farm or ranch. Note: Authority cited: Sections 702 and 2086, Fish and Game Code. Reference: Sections 2062, 2067, 2068, 2080 and 2086, Fish and Game Code. s 786.3. Voluntary Local Program Review and Authorization. A voluntary local program shall be submitted, reviewed and authorized in accordance with this section. During its review of a local program, the Department may extend any of the time periods specified in this section for a period of no more than 15 days by providing written notice of the extension to the designated representative, and including an explanation of the reason additional time is required. (a) Early Review. Before submitting the voluntary local program including the environmental analysis element for review, the voluntary local program representatives may request a meeting with the Regional Manager or the Regional Manager's designee for an unofficial review of the voluntary local program. The Regional Manager or the Regional Manager's designee is encouraged to meet with representatives of the voluntary local program upon request. (b) Department liaison. Within 14 days of receiving a request for consultation or the submittal of a voluntary local program, the Department shall designate a staff person at its appropriate regional office to serve as the primary contact with program sponsors during the consultation and review processes. This designated liaison will be responsible for working with the voluntary local program's designated representative and for responding to inquiries from voluntary local program sponsors, keeping program sponsors informed of the status of the Department's review of the voluntary local program, and assisting with communication of Department comments and questions to program sponsors. (c) Review of Voluntary Local Program. The voluntary local program shall be submitted to the Department for review. The Department shall conduct an initial review of the plan to determine whether the submissions are complete. Within 60 days after receipt of the local program plan, the Department shall report to the local program designee whether the local program as submitted is complete. (1) If the plan is not complete, the Department shall inform the designee about what additional elements, information or documents are required to complete the plan and environmental analysis. (2) If the plan is complete, the Department shall conduct a review of the environmental analysis and make any revisions in the environmental analysis that the Department deems necessary or appropriate to accurately describe the voluntary local program and its potential effects on the environment. If the Department makes any revisions to the environmental analysis, the Department shall inform the designee about the revisions before making the materials, including the program plan and the revised environmental analysis, available for public review in order to give the voluntary local program the opportunity to withdraw the proposed program before public review. (d) Lead Agency - Public Review and Comment. When the Department is acting as CEQA lead agency, after the program plan and any environmental analysis have been reviewed, the Department shall make all materials, including the local program plan and environmental analysis, available for public review at the headquarters of the region in which the plan was submitted and at the Department's headquarters in Sacramento. (1) Notice of Public Availability. The Department shall distribute copies of a Notice of Public Availability announcing that the voluntary local program and related documents are being made available for public review and comment. A minimum of 30 days shall be allowed for public review and comment after distribution of a Notice of Public Availability. The Notice of Public Availability shall include the following: (A) The date on which the Department accepted the voluntary local program as complete. (B) A brief description of the geographic area covered by the application and of the activities proposed to be covered by the local program. (C) The location where the application is available for public review and the name and telephone numbers of a contact person within the Department who can answer questions regarding the application. (D) A statement that the Department seeks written comments from the public regarding the plan, an address to which written comments regarding the application should be submitted, and the deadline for submission of the comments. (2) Publication and Distribution of the Notice. The Department shall publish the Notice of Public Availability at least once in a newspaper of general circulation in the area affected by the local program. Copies of the Notice of Public Availability shall also be distributed as follows: (A) A copy to the office of the County Clerk of the county or counties in which the proposed activity would occur for posting at the customary place for posting notices of environmental matters. (B) A copy to the Office of Planning and Research. (C) A copy to any other person upon written request. (D) Copies may also be posted or made available at such other locations as the Department deems desirable and reasonably required to provide adequate public notice. (3) Response to Public Comment. After the public comment period has closed, the Department shall: (A) Review all public comments received, including those from public agencies with which the Department consults; and (B) Prepare a written summary and response to all significant environmental points raised during the review of the application. (e) External Consultation. The Department shall consult with and request written comments from the Department of Food and Agriculture, county agricultural commissioner(s) of the county or counties in which the local program is proposed, and all public agencies with jurisdiction by law over the activity to be covered by the local program. The consultations shall occur during the public comment period when the Department is acting as CEQA lead agency and during the 75-day local program review period when the Department is acting as CEQA responsible agency. In their comments, the Department of Food and Agriculture and the county agricultural commissioner(s) shall consider if the proposed voluntary local program is consistent with the economics of the agricultural operations. (f) Department's Authorization of the Voluntary Local Program. Within 75 days of the close of the public comment period when the Department is acting as CEQA lead agency, and within 75 days of the Department's determination that the submitted local program is complete when the Department is acting as CEQA responsible agency, the Department shall take one of the following actions: (1) Make the findings required by subsection (g) of this section and authorize the voluntary local program. (2) If the Department determines that changes in the voluntary local program are necessary, the Department shall promptly communicate that determination and proposed changes to the voluntary local program's designated representative. With the consent of the voluntary local program designee, the Department may make changes in the voluntary local program and authorize the revised local program provided the revisions do not require further environmental analysis or public notice. (3) If major changes requiring additional time or further environmental review are needed, the Department shall reject the voluntary local program and convey the identified deficiencies in the local program plan to the designee for further revisions. (g) Mandatory Findings for Authorization of Local Program. The director shall authorize a voluntary local program only upon making the following written findings in support of that authorization: (1) That the voluntary local program includes management practices that will, to the greatest extent practicable: (A) avoid the take of listed species, (B) minimize take of species that cannot be avoided, (C) encourage the enhancement of habitat; and (D) maximize wildlife benefits without compromising the economics of agricultural operations. (2) That the local program is consistent with the goals and policies of the California Endangered Species Act and is supported by the best available scientific information. (3) For every significant adverse environmental effect that has been identified for a local program, one or more of the findings required by section 21081 of the Public Resources Code. The Department may not approve any local program for which significant adverse environmental effects have been identified if feasible alternatives or feasible mitigation measures are available that would substantially lessen a remaining significant adverse environmental effect and those alternatives or measures have not been incorporated into the local program. For purposes of these findings: (A) "Feasible" means "feasible" as defined in section 21061.1 of the Public Resources Code. (B) "Environmental impact report" means an environmental impact report prepared pursuant to CEQA or, if the Secretary for Resources certifies this article under section 21080.5 of the Public Resources Code, an environmental analysis prepared pursuant to this article. (C) Mitigation measures shall consist of new or revised management practices designed to reduce or avoid significant adverse environmental effects. (h) Notice of Decision. Within five working days of authorizing or amending a voluntary local program, the Director shall file a Notice of Decision with the Secretary for Resources. The Notice of Decision shall include a statement that the Director authorized or amended the local program. Note: Authority cited: Sections 702 and 2086, Fish and Game Code. Reference: Sections 2062, 2067, 2068 and 2086, Fish and Game Code. s 786.4. Amendments to the Voluntary Local Program. (a) The voluntary local program may initiate an amendment to a local program by providing written notification to the Department and by providing the Department with the necessary information for review. The Department review and approval of such amendments shall be governed by the following provisions. The Director shall approve any minor or major program amendment if the amended program would continue to meet the standards in section 786.3(g) of this article. (1) Minor Amendments. Amendments that the Department determines will not significantly modify the scope or nature of the local program; will not likely result in a significant adverse impact on candidate, threatened, or endangered species beyond that anticipated from the originally approved plan; will not likely diminish the habitat-enhancing benefits of the local program; and will otherwise meet the standards in section 786.3(g) of this article shall be considered minor amendments to the local program. The Director shall approve minor amendments and incorporate them into the local program, or shall deny the minor amendments, within 30 days of submission of a minor amendment to the Department. Minor amendments may be used to adapt a local program's management practices based on experience in implementing the local program to make those practices more effective in meeting the standards in section 786.3(g) of this article, provided the Department determines the changes meet the criteria in this subsection (a)(1) for minor amendments. For a minor amendment of a local program for which the Department adopted an environmental analysis, the Department may prepare an addendum to the environmental analysis or other appropriate document. (2) Major Amendments. Amendments that the Department determines would significantly modify the scope or nature of the local program, likely result in a significant adverse impact on candidate, threatened, or endangered species beyond that anticipated from the originally approved plan, diminish the habitat-enhancing benefits of the local program, or require additional environmental review pursuant to section 21166 of the Public Resources Code or California Code of Regulations, Title 14, section 15162, shall be considered major amendments to the local program. Requests for major amendments shall be reviewed according to the process established in this article for new local programs, except that the information and analysis provided in support of an application for a major amendment may rely on supplemental information to the analysis used in the initial submittal for the local program. (b) The Department may initiate an amendment to a local program pursuant to this subsection if it believes that an amendment is reasonably necessary to bring the local program into compliance with the provisions in section 2086(b) of the Fish and Game Code or any other relevant provision of law. (1) To make minor amendments as defined in subsection (a)(1) of this section, the Department shall notify in writing the voluntary local program designee of the proposed minor amendment and give the voluntary local program participants 60 days to accept or decline the proposed minor amendments. If the voluntary local program decides to decline the proposed minor amendments, the Department may initiate steps necessary to allow for the termination of the program or allow individuals to withdraw from the voluntary local program. If the voluntary local program accepts the amendments or fails to respond within the 60 days, the Department may approve the minor amendments with no further consultation. (2) To make major amendments as defined in subsection (a)(2) of this section, the Department must make a finding that the program is not in compliance with section 2086(b) of the Fish and Game Code and state its rationale. The local program designee shall be notified in writing of the findings and rationale and be given 60 days to respond to deficiencies outlined by the Department. If the voluntary local program fails to amend the program, as directed by the Department, the Department may initiate steps necessary to terminate the program and allow individuals to withdraw from the voluntary local program. Note: Authority cited: Sections 702 and 2086, Fish and Game Code. Reference: Sections 2062, 2067, 2068, 2080 and 2086, Fish and Game Code. s 786.5. Department Termination of a Voluntary Local Program. If the Department terminates a voluntary local program because it no longer complies with section 2086(b) of the Fish and Game Code, termination shall be conducted consistently with the terms and conditions established pursuant to section 786.2(d)(9) of this article. Individual par- ticipants following the terms and conditions of withdrawal shall continue to receive take authorization until withdrawal has been completed. Note: Authority cited: Sections 702 and 2086, Fish and Game Code. Reference: Sections 2080 and 2086, Fish and Game Code. s 786.6. Take Authorization. Any taking of candidate, threatened or endangered species incidental to routine and ongoing agricultural activities is not prohibited by Division 3, Chapter 1.5 of the Fish and Game Code if the take occurs while management practices in a voluntary local program authorized pursuant to this article are being followed, except that this section does not authorize the take of fish species that are a member of the class Osteichthyes. The Department recognizes that management practices, if successful, will increase the number of individuals of candidate, threatened and endangered species in proximity to farms and ranches as a result of management practices. This article is intended to protect farmers and ranchers from legal liability for take that may result from their voluntary participation in a voluntary local program. Note: Authority cited: Sections 702 and 2086, Fish and Game Code. Reference: Sections 2062, 2067, 2068, 2080, 2086(c) and 2088, Fish and Game Code. s 786.7. Reports to the Legislature. (a) Beginning in 2000, and every five years thereafter, the Department shall submit a written report to the appropriate policy committees of the Legislature regarding the effects of voluntary local programs. (b) The Department shall consult with the Department of Food and Agriculture in evaluating the voluntary local programs and preparing the report. (c) The report shall contain: (1) A summary of voluntary local programs currently established; (2) An analysis of trends in temporary and permanent acreage benefitting from the voluntary local programs, including an estimate of the amount of land upon which routine and ongoing agricultural activities are conducted; (3) Examples of farmer and rancher cooperation in designing and implementing the voluntary local programs; and (4) Recommendations to improve voluntary participation by farmers and ranchers. Note: Authority cited: Sections 702 and 2086, Fish and Game Code. Reference: Section 2086(d)(2), Fish and Game Code. s 786.8. Construction with Other Statutes. Nothing in this Article precludes the Department from authorizing agricultural conservation programs pursuant to other provisions in Division 3, Chapter 1.5 of the Fish and Game Code. Take that occurs incidental to farm or ranch operations may independently be authorized by the Department under section 2081 or 2835 of the Fish and Game Code, provided the requirements of those sections are satisfied. In addition, the specific provisions in this Article that authorize incidental take by participants in a voluntary local program shall not be construed to limit the application of section 2087 of the Fish and Game Code, which provides that accidental take of candidate, threatened and endangered species is not prohibited during routine and ongoing agricultural activities without regard to whether a voluntary local program has been established. Note: Authority cited: Sections 702 and 2086, Fish and Game Code. Reference: Sections 2062, 2067, 2068, 2080, 2086, 2087 and 2835, Fish and Game Code. s 789.0. Definitions. As used in these regulations: (a) "Small business" firm is one which meets the definition of small business firm as set forth in Title 2, California Code of Regulations, section 1896(n). (b) "Department" means the Department of Fish and Game. (c) "Director" is the Director of the Department of Fish and Game, or any person authorized by the Director to act on behalf of the Director. (d) "Firm" means any individual, firm, partnership, corporation, association, or other legal entity permitted by law to practice the profession of architecture, landscape architecture, engineering, environmental services, land surveying, or construction project management. (e) "Architectural, landscape architectural, engineering, environmental, and land surveying services" includes those professional services of an architectural, landscape architectural, engineering, environmental, or land surveying nature as well as incidental services that members of these professions and those in their employ may logically or justifiably perform. (f) "Contract" shall mean those contracts entered into by the Department for architectural, landscape architectural, engineering, environmental, land surveying, or construction project management services. Note: Authority cited: Section 4526, Government Code; and Section 702, Fish and Game Code. Reference: Sections 4525-4529, Government Code. s 789.1. Establishment of Criteria. The Director shall establish criteria which will comprise the basis for selection for each contract. The criteria shall include such factors as professional excellence, demonstrated competence, specialized experience of the firm, education and experience of key personnel to be assigned, staff capability, workload, ability to meet schedules, nature and quality of completed work, reliability of the firm, location, and other considerations deemed relevant. Such factors shall be weighed by the Director according to the nature of the contract, the needs of the State and complexity and special requirements of the specific contract for which the services will be provided. Note: Authority cited: Section 4526, Government Code; and Section 702, Fish and Game Code. Reference: Section 4526, Government Code. s 789.2. Request for Qualifications. (a) When a project requires architectural, landscape architectural, engineering, land surveying, construction project management, or environmental services, the Director shall make a statewide announcement through the publications of the respective professional societies. (b) The announcement shall contain the following information: the nature of the work, the criteria upon which the award shall be made, and the time within which statements of interest, qualification and performance data will be received. (c) The Director shall endeavor to provide to all small business firms which have indicated an interest in receiving such, a copy of each announcement for projects for which the Director concludes that small business firms could be especially qualified. A failure of the Director to send a copy of an announcement to any firm shall not operate to preclude any contract. Note: Authority cited: Section 4526, Government Code; and Section 702, Fish and Game Code. Reference: Section 4527, Government Code. s 789.3. Selection of Services. (a) After expiration of the period stated in the publication, the Director shall evaluate statements of qualifications and performance data on file with the Department. Discussions shall be conducted with no less than three firms regarding the required service. From the firms with which discussions are held, the Director shall select, for contract negotiation, no less than three, in order of preference, based upon the established criteria, which are deemed to be the most highly qualified to provide the services required. Where three firms cannot be found which could provide the required service, the Director may then select from the available applicant firms. Selections based on less than three firms must be documented with the names and addresses of firms contacted by the Director and the reasons why the provisions of this section could not be met. This documentation shall be maintained in the Department's contract file. (b) The Director shall attempt to negotiate a contract with the best qualified firm. If the Director is unable to negotiate a satisfactory contract with this firm at a fair and reasonable price, negotiations with that firm shall be terminated. The Director shall then undertake negotiations with the second most qualified firm. Failing accord, negotiations shall be terminated. The Director shall then undertake negotiations with the third most qualified firm. Failing accord, negotiations shall be termined. If the Director is unable to negotiate a satisfactory contract with any of the selected firms, the Director shall select additional firms in the manner prescribed and continue the negotiation procedure. Note: Authority cited: Section 4526, Government Code; and Section 702, Fish and Game Code. Reference: Section 4528, Government Code. s 789.4. Conflict of Interest/Unlawful Activity. Department employees who are related to persons or have interests in business entities seeking to contract under these regulations shall not participate in any aspect of the contract review or selection process. Further, any practice that results in an unlawful activity including, but not limited to, rebates, kickbacks or any other unlawful consideration shall be prohibited. Note: Authority cited: Section 4526, Government Code; and Section 702, Fish and Game Code. Reference: Sections 4526 and 87100, Government Code. s 789.5. Amendments. If the Department makes a necessary change in the project during performance of the contract and the amount of work to be performed by the contractor has changed from the work originally contemplated by the parties, the contractor's compensation may be adjusted in a fair and reasonable amount by negotiation of a mutual written agreement. Note: Authority cited: Section 4526, Government Code; and Section 702, Fish and Game Code. Reference: Section 4528, Government Code. s 789.6. Contracting in Phases. Should the Department determine that it is necessary or desirable to have a given project performed in phases, it will not be necessary to negotiate the total contract price or compensation provisions at the time the initial phase is negotiated, provided that the Department shall have determined that the firm is the best qualified to perform the whole project at a fair and reasonable cost, and the contract contains provisions that the State, at its option, may utilize the firm for other phases and that the firm will accept a fair and reasonable price for subsequent phases to be later negotiated and reflected in a subsequent written instrument. The procedure with regard to negotiation provided for in section 6106 of the Public Contract Code shall be applicable. Note: Authority cited: Section 4526, Government Code; and Section 702, Fish and Game Code. Reference: Section 4528, Government Code. s 790. Definitions and Abbreviations. Unless the context requires otherwise, the following definitions shall govern the construction of this subdivision. (a)(1) "Act" means the Lempert-Keene-Seastrand Oil Spill Prevention and Response Act of 1990 (Statutes of 1990, Chapter 1248). (a)(2) "Administrator" means the administrator for oil spill response appointed by the Governor pursuant to Government Code Section 8670.4. (a)(3) "Adverse weather" means the weather conditions that will be considered when determining the appropriate oil spill response systems and equipment for a particular operating environment. Factors that will be considered include wind, significant wave height, temperature, weather-related visibility, and the tides and currents within the response area in which the equipment is intended to function. (a)(4) "Anchorage or Anchorage designation" means an area designated by the U.S. Army Corps of Engineers or the United States Coast Guard for the anchoring of vessels. (a)(5) "Assets", as defined by GAAP, means probable future economic benefits obtained or controlled by a particular entity as a result of past transactions or events. (a)(6) "Assist/Escort Tug" see "Escort Tug". (a)(7) "Area Contingency Plan" means an oil spill response plan required by the Coast Guard for each of six regions along the California coast. These six regions are the Federal Area Plan Zones, and are defined in this subchapter under "Geographic Regions." (b)(1) "Balance of the Coast" means those areas of the California coast that are not designated as either a high volume port or as a facility/transfer area. (b)(2) "Barge" means any vessel that carries oil in commercial quantities as cargo but is not equipped with a means of self-propulsion. (b)(3) "Barrel" means 42 United States gallons of oil at 60 degrees Fahrenheit. (b)(4) "Best achievable protection" means (A) the highest level of protection which can be achieved through the use of both of the following; 1. the best achievable technology, and 2. those manpower levels, training procedures, and operational methods which provide the greatest degree of protection achievable. (B) It is not required that a cost-benefit or cost-effectiveness analysis or any particular method of analysis be used in determining which measures to require. (C) The Administrator's determination of best achievable protection shall be guided by the critical need to protect valuable coastal resources and marine waters, while also giving reasonable consideration to the following; 1. the protection provided by the measures, 2. the technological achievability of the measures, and 3. the cost of the measures. (b)(5) "Best achievable technology" means that technology which provides the greatest degree of protection taking into consideration, the following; (A) processes which are being developed, or could feasibly be developed anywhere in the world, given overall reasonable expenditures on research and development, and (B) processes which are currently in use anywhere in the world. (C) In determining what is best achievable technology, the Administrator shall consider the effectiveness and engineering feasibility of the technology. (b)(6) "Bollard Pull" means the force, in pounds, that a tug is capable of exerting against a stationary object. Bollard pull can be measured for either or both of the following: (A) astern force, which is the force applied when the tug is pushing or pulling astern. (B) ahead force, which is the force applied when the tug is pushing or pulling ahead. (b)(7) "Braking Force" means astern bollard pull (at zero speed) for conventional tugs, and ahead bollard pull (at zero speed) for tractor tugs. (b)(8) "Bulk" see "Oil in Bulk". (b)(9) "Bunkering" or "Bunkering Operation" means the transfer of oil via hoses, pipelines, or loading arms for the purpose of providing fuel or lubricants to a tank vessel or nontank vessel. A Bunkering Operation includes all phases of the operation from the beginning of mooring activities between the transfer unit and the receiving unit to the departure of either the transfer unit or the receiving unit. (b)(10) "Bunkering oil" means that product used as fuel for a vessel's propulsion system. (c)(1) "California marine waters" see "Marine Waters". (c)(2) "Cascadable" means moveable in multi-tiered stages, and is used to refer to response equipment which may be moved from the normal or regular site to the scene of an oil spill. (c)(3) "Cleaned-up" means spilled oil has been removed to the extent that it no longer poses a threat to human health and safety or the environment, as determined by either: (A) the unified command, consisting of the Federal On-Scene Coordinator (FOSC), the responsible party, if designated, and the Staff (as defined in this chapter); or (B) the State Incident Commander (as designated by the Administrator) if the unified command is not established. (c)(4) "Clearing House" means an individual, organization, corporation or agency designated by the Administrator to carry out responsibilities related to tug escort requirements for specific harbors in California. (c)(5) "Coast Guard Designated Area" see "Geographic Region". (c)(6) "COLREGS" is a shortened form of the term 'Collision Regulations', and refers to the International Regulations for the Prevention of Collisions at Sea. (c)(7) "Competitive aspects" means the cost of materials, labor, services, property or other necessities required to carry out a recommendation of a harbor safety committee. These costs shall be compared to other alternative costs for the same or similar requirements and may vary from port to port within a harbor area. Competitive aspects shall be addressed in any economic feasibility report or study made part of any such recommendation. (c)(8) "Containment area" means that area designated for the containment of any spilled oil with the intent of preventing the oil from reaching open water. (c)(9) "Conventional Tug" means a tug with screws or propellers which are fixed to provide thrust either fore or aft, parallel to the keel or longitudinal axis of the tug. (c)(10) "Crude oil" means petroleum in an unrefined or natural state, including condensate and natural gasoline. (c)(11) "Current assets", as defined by GAAP, means cash or other assets or resources commonly identified as those which are reasonably expected to be realized in cash, or sold or consumed during the normal operating cycle of the business. (c)(12) "Current liabilities", as defined by GAAP, means those obligations whose liquidation is reasonably expected to require the use of existing resources, properly classifiable as current assets, or the creation of other current liabilities. (d)(1) "Deadweight tonnage" means the weight of the cargo, fuel, water, and stores necessary to submerge a vessel from its light draft to its load draft. This measurement shall be obtained from the following: (A) the most current Lloyds Register, or (B) from the country of registry, or (C) by documentation from a recognized classification society, or (D) as reflected in the International Load Line Certificate posted on each vessel. (d)(2) "Department" means the California Department of Fish and Game. (d)(3) "Derated Capacity" means that value computed by taking the manufacturer's rating for the recovery capacity of a piece of skimming equipment and reducing that amount to reflect the limitations of the response equipment's efficiency. Limitations on efficiency may be the result of such variables as weather, sea state, velocity of the ocean currents, hours of operation per day, or visibility. The derated capacity shall be calculated as 20% of the manufacturer's rated skimming capacity (SC) for the equipment for a 24 hour period, [(SC x 24 hours)20% = derated capacity]. (d)(4) "Discharge" see "Spill". (d)(5) "Discharge Container System" means any system designed to enclose or restrain spilled oil and prevent it from spreading further and/or reaching open water. Such a system may be fixed or portable, depending upon the application, and may involve specific equipment for certain applications. (d)(6) "Displacement" means the total weight of water, as measured in long tons, displaced by a vessel at a given load level. (e)(1) "Escort/Assist Tug" see "Escort Tug". (e)(2) "Escort Tug" means a tug that is designed primarily for pushing or pulling ahead or astern, or towing alongside another vessel. A tug is considered to be designed for escort work whether or not it is involved in such activity. Escort tugs are further defined for specific harbors as follows: (A) In the harbors of Los Angeles/Long Beach, an "Assist/Escort Tug" means any tug that is accepted by the tank vessel master and/or pilot to escort a tank vessel that is transiting waters where an assist/escort is required. (B) In the harbor of Port Hueneme, an "Escort/Assist Tug" means any tug that is authorized by the Oxnard Harbor District and/or the U.S. Navy for use in Port Hueneme and is equipped with at least 500 horsepower to escort/assist a tanker or barge transiting waters where escort/assistance is required. (e)(3) "Escort Vessel" see "Escort Tug". (f)(1) "Facility" see "Marine Facility". (f)(2) "Facility/Transfer Areas" means the zone around those geographic areas where a majority of oil transfers occur along the California coast, as follows: (A) for Humboldt Bay; the waters inwards of the demarcation line, as prescribed in the U.S. Coast Guard Navigation Rules, International-Inland. (B) for Monterey Bay; the waters inward of a line drawn from Point Santa Cruz to Point Pinos. (C) for Estero and San Luis Obispo Bays; the waters inward of a line drawn from Point Estero to Point Sal. (D) for San Diego Bay; the waters inwards of the demarcation line, as prescribed in the U.S. Coast Guard Navigation Rules, International-Inland. (E) for Encina: the area as defined by the center point of 33-08.0N - 117-21.4W and those waters within a two mile radius. (F) for the Santa Barbara Channel Area: includes all facility transfer points on the marine waters outward to three nautical miles, from Point Conception to Point Dume. (f)(3) "Facility/Transfer Point" means a fixed location where oil or oil products are or can be transferred between a vessel and a facility. (f)(4) "Federal breakwater" means the line of demarcation as specified in Title 33 Code of Federal Regulations, Section 80.1114. (f)(5) "Fiscal Year" means the period commencing on the first day of July and ending on June 30 of the following year. (g)(1) "GAAP" means the Generally Acceptable Accounting Principles in the United States. (g)(2) "Geographic Region" means one of six regions along the California coast defined by the Coast Guard as the Federal Area Plan Zones. These Coast Guard regions are as follows; (A) North Coast: the Oregon border to the Sonoma/Mendocino County line; (B) San Francisco and the Delta: the Sonoma/Mendocino County line to the Santa Cruz/San Mateo County line, including San Francisco Bay and the portions of the Sacramento/San Joaquin Delta covered under Article 5, Section 8670.28(a)(1) of the Government Code; (C) Central Coast: the Santa Cruz/San Mateo County line to the San Luis Obispo/Monterey County line; (D) Los Angeles/Long Beach, as follows: (1) Northern Sector: San Luis Obispo, Ventura and Santa Barbara Counties; (2) Southern Sector: Los Angeles and Orange Counties; (E) San Diego: San Diego/Orange County line to the Mexico border. (g)(3) "Gross Registered Tons", now changed to "Gross Tons", means a measure of the tanker, barge or nontank vessel's tonnage by volume. (h)(1) "Harbor Safety Committee" means a committee comprised of those individuals, appointed by the Administrator pursuant to Section 8670.23 of the Government Code, to determine harbor safety needs for the harbors of San Diego; Los Angeles/Long Beach; Port Hueneme; San Francisco, San Pablo, Suisun Bays; and Humboldt Bay. (h)(2) "Hazardous Materials" means any material that, because of its quantity, concentration or physical or chemical characteristics, would pose a significant present or potential hazard to human health and/or safety, or to the environment if released into the environment. This definition includes, but is not limited to, "oil" as defined in the Act. (h)(3) "High Volume Ports" means either of the following: (A) for the San Francisco Bay/Sacramento-San Joaquin Delta; all California marine waters that are within a 50 nautical mile radius of the San Francisco Approach, Lighted Horn Buoy (SF) (LNB) (LLNR 360) [located at 37-45.0N, 122- 41.6W] on the San Francisco Bay Chart #18645. This does not include the Ports of Stockton and Sacramento; (B) for the Los Angeles/Long Beach Harbor; all California marine waters that are within a 50 nautical mile radius of the Approach Lighted Whistle Buoy "LB" (LLNR 3010) [33-42.1N, 118-11.0W] outside the entrance to the Los Angeles/Long Beach Harbors on the Los Angeles and Long Beach Harbor Chart #18751. (i)(1) "Incident Commander" means the individual responsible for overseeing the Incident Command Structure (as outlined in the State Marine Oil Spill Contingency Plan) during an oil spill response or response drill. This person may be the Administrator or his/her designee. (i)(2) "Independently audited" means an audit performed by an independent certified public accountant in accordance with generally accepted auditing standards. (i)(3) "Infrequent Transfer" means a transfer of oil or oil product that is conducted on the average of one time per month or not more than twelve times in a twelve month period. (i)(4) "Intangible assets" means assets, such as trademarks, goodwill, patents, organization costs, computer programs, etc., which lack physical substance. (i)(5) "Involved Parties" means a responsible party, potentially responsible party, their agents and employees, the operators of all tankers, barges and nontank vessels docked at a marine facility which is the source of a discharge, and all state and local agencies involved in a spill or spill response. (j) (Reserved) (k)(1) "Kips" means a thousand pounds of force. (l)(1) "Liabilities", as defined by GAAP, means probable future sacrifices of economic benefits arising from present obligations of a particular entity to transfer assets or provide services to other entities in the future as a result of past transactions or events. (l)(2) "Linefill capacity" means the volume of fluid in a pipeline or pipeline segment as determined by multiplying the cross-sectional area of the inside of the pipeline in square feet, times the length of the pipeline in feet, times 7.48 gallons per cubic foot. [Linefill capacity in gallons equals 7.48(3.1416 r 2 * L) where 7.48 = gallons per cubic foot; 3.1416 is the constant, pi; r = inside radius in feet; * = times; and L = length in feet]. (l)(3) "Line Haul Tug" means that tug that provides the primary power to push or pull a barge. (l)(4) "Lightering" or "Lightering Operation" means the transfer of a cargo of oil in bulk from one vessel to another. Lightering includes all phases of the operation from the beginning of mooring activities between the transfer unit and the receiving unit to the departure of either the transfer unit or receiving unit. A lightering operation does not include bunkering. (l)(5) "LOA" means the actual Length Overall of a vessel measured in meters. This is the length for each vessel as listed in Lloyds Register or with the country of registry. (l)(6) "Local government" means any chartered or general law city or any chartered or general law county. (l)(7) "Long tons" means a unit of weight equal to 2,240 pounds avoirdupois. (m)(1) "Marine facility" means: (A) A drill ship, semisubmersible drilling platform, jack-up type drilling rig, or any other floating or temporary drilling platform. (B) Any facility of any kind, other than a vessel, which; 1. is or was used for the purposes of exploring for, drilling for, producing, storing, handling, transferring, processing, refining, or transporting oil, including pipelines, and 2. is located in marine waters, or is located where a discharge could impact marine waters. (C) The following facilities are not included in the definition of "marine facility": 1. facilities which are subject to Chapter 6.67 (commencing with Section 25270) or Chapter 6.75 (commencing with Section 25280) of Division 20 of the Health and Safety Code; or 2. facilities which are placed on a farm, nursery, logging site, or construction site and do not exceed a 20,000 gallon capacity in any single storage tank; or 3. small craft refueling docks. (m)(2) "Marine Terminal" means any marine facility used for transferring oil to or from tankers or barges. This would include all piping not integrally connected to a tank facility as defined in Section 25270.2(k) of the Health and Safety Code relating to above ground storage tanks. (m)(3) "Marine Waters" means those waters subject to tidal influence, except for waters in the Sacramento-San Joaquin Delta upstream from a line running north and south through the point where Contra Costa, Sacramento, and Solano Counties meet. This definition of marine waters does not apply to the Oil Spill Prevention and Response Planning Requirements in Chapter 3, or the Administrative Fund Fee provisions in Chapter 6. (m)(4) "Master" means the master of the tug engaged in towing a barge or the master of a tanker or nontank vessel. (m)(5) "Mobile Transfer Unit (MTU)" means a vehicle, truck, or trailer, including all connecting hoses and piping, used for transferring oil at a location where a discharge could impact marine waters. (m)(6) "Mobilization Time" means the time in which initial response personnel are able to begin movement of spill response resources to the site of an oil spill. (m)(7) "MTU" means Mobile Transfer Unit. (n)(1) "Navigational Aid" means any device used by a tanker, barge or nontank vessel that is intended to assist a navigator in determining the tanker, barge or nontank vessel's position or a safe course, or to warn of dangers or obstructions to navigation. (n)(2) "Non-Cascadable Equipment" means equipment which is prepositioned in a location that allows delivery of that equipment anywhere within a given risk zone within the timeframes specified for that risk zone. Such equipment shall not be moved from the designated location without the prior approval of the Administrator or the Federal On-Scene Coordinator. (n)(3) "Non-persistent or Group 1 oil" means a petroleum-based oil, such as gasoline, diesel or jet fuel, which evaporates relatively quickly. Such oil, at the time of shipment, consists of hydrocarbon fractions of which: (A) at least 50 percent, by volume, distills at a temperature of 340 degrees C (645 degrees F); and (B) at least 95 percent, by volume, distills at a temperature of 370 degrees C (700 degrees F). (n)(4) "Nontank Vessel" means a vessel, of 300 gross tons or greater, other than a tanker or barge, as those terms are defined in this chapter. (o)(1) "Office of Spill Prevention and Response" means the California Department of Fish and Game, Office of Spill Prevention and Response established pursuant to the Act. (o)(2) "Offshore marine facility" includes but is not limited to a drill ship, semi-submersible drilling platform, jack-up type drilling rig, facilities located on production piers, artificial islands and platforms, any floating or temporary drilling platform and any facility of any kind which is or was used for purposes of exploring for, drilling for, producing, storing, handling, transferring, processing, refining, or transporting oil and is located in, under, on, or above marine waters. This includes facilities in the process of abandonment, re-drilling, well maintenance and repairs. (o)(3) "Offshore Marine Terminal" means any marine terminal at which tank vessels or barges are made fast to a buoy or buoys. (o)(4) "Oil" means any kind of petroleum, petroleum-based liquid hydrocarbons, petroleum products or any fraction or residues therefrom. This shall include, but is not limited to: crude oil, bunker fuel, gasoline, diesel fuel, aviation fuel, oil sludge, oil refuse, oil mixed with waste, and liquid distillates from unprocessed natural gas. (o)(5) "Oil In Bulk" means any volume of oil carried in the cargo tanks of a vessel. Bulk oil does not include oil carried in packaged form, and does not include residue or clingage remaining in the cargo tanks after the cargo oil has been discharged. During a bunkering or lightering operation, bulk oil may also be that oil which is transferred to or from a marine portable tank or independent tank on board a vessel. (o)(6) "Oil Spill Response Organization (OSRO)" means any for-profit or not-for-profit contractor, cooperative, or in-house response organization established to provide spill response resources. (o)(7) "Oil Transfer System" means that system as described in 33 CFR Part 154, Subpart (c). (o)(8) "Operator" see "Owner or Operator". (o)(9) "Operating" means, in terms of a tanker, barge or nontank vessel, either: (A) the transferring and/or transporting of oil, or (B) that the tanker, barge or nontank vessel is not at anchor, is not made fast to the shore or an anchored tanker, barge or nontank vessel, or not aground. (o)(10) "OSPR" means the Office of Spill Prevention and Response in the Department of Fish and Game. (o)(11) "OSRO" means Oil Spill Response Organization. (o)(12) "Owner or Operator" means any of the following: (A) in the case of a tanker, barge, or nontank vessel, any person who owns, has ownership interest in, operates, charters by demise, or leases the tanker, barge, or nontank vessel; (B) in the case of a marine facility or a marine terminal, any person who owns, has an ownership interest in, or operates the marine facility or the marine terminal; (C) except as provided in subparagraph (D), in the case of any tanker, barge, nontank vessel or marine facility, title or control of which was conveyed due to bankruptcy, foreclosure, tax delinquency, abandonment, or similar means, to an entity of state or local government, the owner or operator is any person who owned, held an ownership interest in, operated, or otherwise controlled activities concerning the tanker, barge, nontank vessel or facility immediately before the conveyance; (D) an entity of the state or local government which acquired ownership or control of a tanker, barge, nontank vessel or marine facility, when the entity of the state or local government has caused or contributed to a spill or discharge of oil into marine waters; (E) "Owner" or "Operator" does not include a person who, without participating in the management of a tanker, barge, nontank vessel or marine facility, holds indicia of ownership primarily to protect his or her security interest in the tanker, barge, nontank vessel or marine facility; (F) "Operator" does not include any person who owns the land underlying a marine facility or the facility itself if the person is not involved in the operations of the facility. (o)(13) "Owners' equity", as defined by GAAP, means the difference between total assets and total liabilities. (p)(1) "P&I Club" see "Protection and Indemnity Club". (p)(2) "Persistent Oil" means a petroleum-based oil that does not meet the distillation criteria for a non-persistent oil. Persistent oils are further classified based on both specific and American Petroleum Institute (API) observed gravities corrected to 60 degrees Fahrenheit, as follows: (A) Group 2 - specific gravity greater than or equal to 0.8000 and less than 0.8500. API gravity less than or equal to 45.0 and greater than 35.0; (B) Group 3 - specific gravity greater than or equal to 0.8500 and less than 0.9490. API gravity less than or equal to 35.0 and greater than 17.5; (C) Group 4 - specific gravity greater than or equal to 0.9490 and up to and including 1.0. API gravity less than or equal to 17.5 and greater than 10.0; (D) Group 5 - specific gravity greater than 1.0000. API gravity equal to or less than 10.0. (p)(3) "Person" means any individual, trust, firm, joint stock company, or corporation, including, but not limited to, a government corporation, partnership, and association. Also included is any city, county, city and county, district and the state or any department or agency thereof, and the federal government or any department or agency thereof, to the extent permitted by law. (p)(4) "Petroleum Barge" see "Barge". (p)(5) "Pilot" means a person duly licensed by the U.S. Coast Guard as a Federal First Class Pilot authorized to serve as a pilot on tankers and nontank vessels transiting in specified harbors in California. This person may or may not be the "Master" as defined in this chapter. (p)(6) "Pipeline" means any line or conduit used at any time to transport oil. A pipeline will be considered a marine facility if it is located in marine waters or where a discharge from the pipeline could impact marine waters. (p)(7) "Point of Transfer", means a position either physically located on the receiving or transferring tanker, barge, or nontank vessel, or in the case of a response vessel, located within 1/2 mile of the actual oil transfer operation. (p)(8) "Port Authority" means the person, governmental agency or civilian organization responsible for the operation, control and administration of a port or harbor area. (p)(9) "Primary Response Contractor" means an oil spill response contractor that is directly responsible to an oil spill contingency plan preparer either by a contract or other approved means. Plan preparers may rely on more than one primary response contractor. All primary response contractors must be approved by the OSPR. However, subcontractors responsible to a primary response contractor will be exempt from approval by the OSPR, if the response resources of the subcontractor will be included in the application approval process of the primary response contractor. (p)(10) "Production pier" means a structure supported above marine waters by pilings, columns or caissons which is connected to land and upon which is situated an oil and gas production operation. (p)(11) "Protection and Indemnity (P&I) Club" means a mutual insurance organization formed by a group of ship owners or operators in order to secure cover for various risks of tanker, barge, or nontank vessel operation, including oil spill costs, not covered by normal hull insurance. (q)(1) "QI" see "Qualified Individual". (q)(2) "Qualified Individual (QI)" means a shore-based representative of a tanker, barge, nontank vessel or facility owner or operator. The QI must be fluent in English, located in the continental United States, available on a 24- hour basis, and have full written authority to implement the tanker, barge, nontank vessel or facility's contingency plan. A person stationed on a fixed, off-shore platform is considered to be shore-based for purposes of this definition. A QI is not necessarily the responsible party unless otherwise considered a responsible party as defined in this chapter. The duties of the QI shall include: (A) activating and engaging in contracting with required oil spill response organizations; (B) acting as liaison with, and following the orders of, the State Incident Commander and/or Federal On-Scene Coordinator through the Unified Command during all phases of spill response. This would include the ability to make changes to the plan when so ordered by the Administrator or the Federal On-Scene Coordinator; (C) obligating, either directly or through prearranged contracts, any funds necessary to carry out all required or directed oil spill response activities detailed in the tanker, barge, nontank vessel or facility's contingency plan or specified by order of the Incident Commander and/or Federal On-Scene Coordinator. (r)(1) "Reasonable Worst Case Oil Spill" is defined in the chapters of this subdivision where the term is used. (r)(2) "Regional Response Team (RRT)" means the federal, interagency organization that is responsible for granting approval for the use of cleanup agents during an oil spill response. The RRT was established under the federal Oil Spill Act of 1990 and is composed of representatives of the federal agencies enumerated in 40 CFR s300.175(b), as well as state and local representatives. (r)(3) "Remove" or "Removal" means the extraction of oil from the water and shorelines, or taking other action as necessary to minimize or mitigate oil-related damage to the environment, or to safeguard the public health or welfare. (r)(4) "Response Area" means the area in which spill response activities are occurring. This shall include the designated routes that response vessels will transit to and from temporary storage facilities or other locations as specified by the Administrator and/or the Federal On-Scene Coordinator during the course of an oil spill incident. (r)(5) "Response Contractor" means an individual, organization, association, or cooperative that provides or intends to provide equipment and services for oil spill containment, cleanup, and/or removal activities. Such equipment and services shall be provided under contract or other means approved by the Administrator to the owner or operator of a tanker, barge, nontank vessel or marine facility. Response contractors must have the ability to mobilize and deploy their identified resources. Persons solely warehousing or storing equipment are not response contractors. (r)(6) "Response Resources" means all the personnel, equipment, supplies, and services necessary to perform oil spill response activities. (r)(7) "Response Vessel" means any tanker, barge or other waterborne craft used in the course of response activities during an oil spill incident. (r)(8) "Responsible Party (or Party Responsible)" means any of the following: (A) the owner or transporter of oil or a person or entity accepting responsibility for the oil; (B) the owner, operator or lessee of, or person who charters by demise, any tanker, barge, nontank vessel or marine facility; (C) a person or entity who accepts responsibility for the tanker, barge, nontank vessel or marine facility; or (D) the person who fulfills the role of the Qualified Individual during spill response only if that person is also one of the individuals as described in subparagraphs (A) through (C) above. (r)(9) "Risk and Hazard Analysis" means a study in which process hazards and potential operating problems that could lead to oil spills are identified using systematic methods recommended by the American Institute of Chemical Engineers, or other means approved by the Administrator. This is the study referred to as the Hazard and Operability Study in Section 8670.28 of the Government Code. (r)(10) "Risk Zone" means one of the areas along the California coast that has been differentiated by the relative risk of an oil spill occurring in that area. The areas so designated shall be termed: High Volume Ports; Facility/Transfer Areas; or the Balance of the Coast; and are further defined in this chapter. (s)(1) "Santa Barbara Channel Area" see "Facility/Transfer Area". (s)(2) "Shifting" means to move or transfer a tanker, barge, or nontank vessel from one place or position in the harbor to another in the harbor. (s)(3) "Short ton" means a unit of weight equal to 2,000 pounds, avoirdupois. (s)(4) "Small Craft" means a waterborne craft, other than a tanker or barge, that is less than 65 feet, 7 1/2 inches (20 meters) in length. (s)(5) "Small Craft Refueling Dock" means a waterside operation that dispenses only non-persistent oil in bulk and/or small amounts of persistent lubrication oil in sealed containers, primarily to small craft, and meets both of the following criteria: (A) has tank storage capacity not exceeding 20,000 gallons in any single storage tank or tank compartment; (B) has a total useable tank storage capacity not exceeding 75,000 gallons. (s)(6) "Small marine fueling facility" means either of the following: (A) a mobile transfer unit, or (B) a fixed facility that is not a marine terminal, which dispenses primarily nonpersistent oil, and may dispense small amounts of persistent oil, primarily to small craft, and meets all of the following criteria: (1) has tank storage capacity not exceeding 40,000 gallons in any single storage tank or storage tank compartment, (2) has total usable tank storage capacity not exceeding 75,000 gallons, (3) had an annual throughput volume of over-the-water transfer of oil that did not exceed 3,000,000 gallons during the most recent preceding 12-month period. (s)(7) "Small vessel" see "Small Craft". (s)(8) "Spill (or Discharge)" means any release of at least one barrel (42 gallons) of oil which impacts marine waters that was not authorized by a federal, state, or local governmental entity. (s)(9) "Staff" means the Administrator or any personnel within the California Department of Fish and Game authorized to act on behalf of the Administrator. (s)(10) "State Fiscal Year" see "Fiscal Year" (s)(11) "State Incident Commander" see "Incident Commander". (s)(12) "State Liaison Officer" means that person responsible for the coordination of information between the State Incident Commander/Federal On-Scene-Coordinator and other state and local government representatives. The State Liaison Officer is a function within the Incident Command System as described in the State Marine Oil Spill Contingency Plan. (s)(13) "Static Bollard Pull" see "Bollard Pull". (t)(1) "Tank Barge" see "Barge" (t)(2) "Tank Vessel" means any tanker or barge that carries oil in commercial quantities as cargo. (t)(3) "Tanker" means any self-propelled, waterborne vessel, constructed or adapted to transport oil in bulk or in commercial quantities as cargo. (t)(4) "Terminal" see "Marine Terminal". (t)(5) "Tractor Tug" means a tug which is propelled by blades or screws which may be manipulated or rotated to provide propulsive thrust to any part of a 360 degree arc relative to the keel or longitudinal axis of the tug. (t)(6) "Transporting oil in bulk" see "Oil in Bulk". (t)(7) "Tug" or "Tug Escort" see "Escort Tug". (u) (Reserved) (v)(1) "Vessel" means any tanker or barge as defined in this chapter. (v)(2) "Vessel Carrying Oil as Secondary Cargo" means a tanker or barge that does not carry oil as a primary cargo, but does carry oil in bulk as cargo or cargo residue. (v)(3) "Vessel of Opportunity" means any craft engaged in spill response activities that is otherwise normally and substantially involved in activities other than spill response. (v)(4) "Vessel Traffic Information Service" means that service operated by the Marine Exchange in the Los Angeles/Long Beach Harbors in cooperation with the United States Coast Guard. "VTIS" is synonymous with "VTS" as used in Section 445, et seq., Harbors and Navigation Code, and Section 8670.21 of the Government Code. (v)(5) "Vessel Traffic Service (VTS) System" means the system authorized pursuant to 33 CFR Part 161, or Government Code Section 8670.21. (v)(6) "VTIS" means a Vessel Traffic Information Service. (v)(7) "VTS" means Vessel Traffic Service System. (w)(1) "Working Capital", as defined by GAAP, means current assets minus current liabilities. Note: Authority cited: Sections 8670.7(a), 8670.13.1(a), 8670.13.2, 8670.17.2, 8670.23.1, 8670.28, 8670.32 and 8670.35, Government Code. Reference: Sections 8670.3, 8670.7(a), 8670.13(a), 8670.13.2, 8670.17.2, 8670.21, 8670.23.1, 8670.28, 8670.32 and 8670.35, Government Code. s 790.5. Schedule of Compliance. Note: Authority cited: Section 8670.37.54(b), Government Code. Reference: Sections 8670.37.51-8670.37.57, Government Code. s 791. Definitions. In addition to the definitions in Chapter 1, Section 790 of this subdivision, the following definitions shall govern the construction of this subchapter. Where similar terms are defined, the following will supersede any definition in Chapter 1: (a) "Certificant" means an owner or operator or a person accepting responsibility for the oil who has been issued a Certificate of Financial Responsibility under this subchapter. An owner or operator may also include any person or entity responsible for the specified tanker, barge, marine facility, nontank vessel or oil, or any authorized agent thereto as described in Sections 8670.37.52 and 8670.37.58(a) of the Government Code. It shall be a conclusive presumption that any party making an application for a Certificate of Financial Responsibility pursuant to Section 8670.37.53 of the Government Code is either an owner or operator as defined in this subchapter or is an authorized agent acting within the scope of employment, direction, and control of the owner or operator. (b) "Large barge" for the purposes of determining financial responsibility, means a barge with a cargo capacity of 150,000 or more barrels of oil. (c) "Nontank Vessel" means a vessel of 300 gross tons or greater, other than a tanker or barge, as those terms are defined in Chapter 1, Section 790 of this subdivision. (d) "Proof of entry" means the documents that evidence that an owner of a tanker, barge, nontank vessel, or person named is covered for oil pollution liabilities by a Protection and Indemnity Club. (e) "Small barge", for the purposes of determining financial responsibility, means a barge with a cargo capacity of less than 150,000 barrels of oil. (f) "Vessel Carrying Oil as Secondary Cargo" means a tanker or barge that does not carry oil as a primary cargo, but does carry oil in bulk as cargo or cargo residue. Note: Authority cited: Sections 8670.37.53 and 8670.37.54(b), Government Code. Reference: Sections 8670.3 and 8670.37.51-8670.37.58, Government Code. s 791.5. Schedule of Compliance. (a) Unless a Certificate of Financial Responsibility (hereinafter referred to as a certificate) is suspended pursuant to Section 797 of this subchapter, all certificates issued by the Administrator shall remain in effect and satisfy the requirements of this subchapter according to the terms printed on the certificate. Any applicant who does not have a valid certificate issued by the Administrator, must comply with the provisions of this subchapter. Any certificant, upon application for renewal of a Certificate of Financial Responsibility, must comply with the provisions of this subchapter. Note: Authority cited: Section 8670.37.54(b), Government Code. Reference: Sections 8670.37.51-8670.37.58, Government Code. s 791.7. Procedures for Application for California Certificate of Financial Responsibility. (a) All operators or owners of marine facilities, where a spill could impact the marine waters of the state, and operators or owners of vessels or the owners of the oil contained therein, or the operators or owners of nontank vessels, shall obtain a California Certificate of Financial Responsibility (hereafter referred to as a certificate) before operating in California. The following applications shall be used to obtain a certificate: (1) Application for Certificate of Financial Responsibility for Operators or Owners of Tank Vessels (application), referred to as FG OSPR Form 1925 (11/05); (2) Application for Certificate of Financial Responsibility for Operators or Owners of Nontank Vessels (application), referred to as FG OSPR Form 1972 (05/06); (3) Application for Certificate of Financial Responsibility for Marine Facilities, (application), referred to as FG OSPR Form 1924 (11/05); (4) Application for Certificate of Financial Responsibility for Owners of Oil (application), referred to as FG OSPR Form 1947 (11/05); and (5) Application for Certificate of Financial Responsibility for Mobile Transfer Units (application), referred to as FG OSPR Form 1946 (11/05). (6) These forms shall collectively be referred to as applications and incorporated by reference herein. (7) The applications shall be obtained from and, upon completion, submitted to the Office of Spill Prevention and Response (OSPR) at the following address: Department of Fish and Game Office of Spill Prevention and Response (OSPR) P.O. Box 944209 Sacramento, CA 94244-2090 (b) Any facility owner/operator may request exemption from the requirement to obtain a certificate on the basis that a spill from the facility could not reasonably be expected to impact marine waters. (1) Such request must be submitted to the Administrator and must provide specific, technical justification for the request. (2) Prior to granting or denying the request, the Administrator may inspect the facility to determine if a spill from the facility could potentially impact marine waters. (3) Within forty-five (45) business days of receipt of a request for exemption, the Administrator shall inform the facility owner/operator in writing if the justification is complete and the exemption is granted, or that it is deficient and what specific information or documentation is required. (4) If the exemption request is deemed deficient: (A) within fifteen (15) business days of receipt of the notice of deficiency, the facility owner/operator must submit the required information or documentation to the Administrator. (B) within twenty-one (21) business days of receipt of this information, the Administrator shall notify the facility owner/operator if the exemption has been granted or denied. (5) If the request for exemption is denied, the facility owner/operator must submit an application for a certificate within ten (10) business days of the date the notice of denial is received by the owner/operator, unless a request for reconsideration is submitted pursuant to Section 791.7(g). (c) General Application Procedures. (1) All applications and supporting documents shall be prepared in English and all monetary terms shall be in U.S. currency. (2) All spaces on the application shall be completed with either the requested information or the phrase "Not applicable". (3) All applications shall be signed by the applicant or authorized representative of the applicant, whose title shall be indicated in the space provided on the application. (4) All applications shall be accompanied by a written delegation of authority to submit the application on behalf of the applicant where the person signing the application is an individual other than the individual applicant in the case of a sole proprietorship, a partner in the case of a partnership applicant, or an authorized signatory or official of a corporate applicant. (5) Operator(s) or owner(s) of nontank vessels shall submit a nonrefundable fee per vessel with each new or renewal application as follows: Do not deduct any processing fees from the per vessel fee. (A) Operator(s) or owner(s) of nontank vessels with a carrying capacity of over 6,500 barrels, or over 7,500 barrels for nontank vessels owned and operated by California or a federal agency, shall submit a nonrefundable USD $2,500 fee per vessel, or; (B) Operator(s) or owner(s) of nontank vessels that have a carrying capacity greater than 500 barrels of oil and less than or equal to 6,500 barrels of oil, or a carrying capacity greater than 500 barrels of oil and less than or equal to 7,500 barrels of oil for nontank vessels owned and operated by California or a federal agency, shall submit a nonrefundable USD $1,500 fee per vessel, or; (C) Operator(s) or owner(s) of nontank vessels that have a carrying capacity of 500 barrels of oil or less shall submit a nonrefundable USD $500 fee per vessel. (6) If, prior to certificate issuance, an applicant becomes aware of a material change in any of the facts contained in the application or supporting documents, the applicant shall, within five (5) business days of becoming aware of the change or changes, notify the Administrator in writing of the change. (7) Each certificate issued by the Administrator shall: (A) except as provided in Subsection (c)(8) below, expire no later than two years following its issuance date; and (B) bear its expiration date clearly on its face. (8) The Administrator may issue a certificate for a marine facility for a period of not longer than three years if the Administrator finds that: (A) continued operation is necessary to finance abandonment of the marine facility; and (B) the financial resources the operator is able to demonstrate are reasonably sufficient to cover any spill-related damages from the facility. (9) The minimum, median, and maximum processing times for an application from the time of receipt until issuance of a certificate are as follows: (A) The minimum time is same day processing; (B) The median time is nineteen (19) days; (C) The maximum time is ninety-two (92) days. (d) Application processing by the OSPR - Tankers, Nontank Vessels, Large Barges, and Owners of Oil. (1) Applications and evidence of financial responsibility submitted by owners or operators of tankers, nontank vessels, large barges, and owners of oil will be reviewed within twenty-one (21) calendar days of receipt by the OSPR. Certificates will be issued within that period provided that the following has been received: (1) adequate information was furnished in the application, (2) receipt of the nontank vessel fee, and (3) acceptable evidence of financial responsibility, as determined by the Administrator, has been received. The criteria for demonstrating financial responsibility are set forth in Section 795 of this subchapter. Amounts of financial responsibility that must be demonstrated are as follows: (A) Operator(s) or owner(s) of tankers, large barges, or owners of, or persons accepting responsibility for the oil, shall demonstrate their current financial ability to pay at least one billion dollars ($1,000,000,000). (B) Except as provided in (C) below, operator(s) or owner(s) of nontank vessels shall demonstrate their current financial ability to pay at least 300 million dollars ($300,000,000) for any damages arising from an oil spill during the term of the certificate. 1. Certificates of financial responsibility are not required for non-self propelled nontank vessels that do not carry any oil. (C) Operator(s) or owner(s) of nontank vessels that have a carrying capacity of 6,500 barrels of oil or less, or a carrying capacity of 7,500 barrels of oil or less for nontank vessels owned and operated by California or a federal agency, shall demonstrate their current financial ability to pay the following appropriate amount of financial responsibility: 1. $2,000,000 for those that have a carrying capacity from less than 1 to not more than 10 barrels; 2. $5,000,000 for those that have a carrying capacity greater than 10 to not more than 50 barrels; 3. $10,000,000 for those that have a carrying capacity greater than 50 to not more than 500 barrels; 4. $18,900,000 for those that have a carrying capacity greater than 500 to not more than 1,000 barrels. 5. Those nontank vessels that have a carrying capacity greater than 1000 to not more than 6,500 barrels, or 7,500 barrels for nontank vessels owned and operated by California or a federal agency, shall determine the amount of financial responsibility as follows: subtract 1,000 barrels from the total carrying capacity of oil of the nontank vessel: multiply this amount by $5,670 (which represents 30% of the cargo multiplied by the maximum per barrel clean-up and damage cost of spilled oil of $18,900); then add $18,900,000. 6. The amount of financial responsibility shall not exceed the amount required for nontank vessels as set forth in Section 8670.37.58(a) of the Government Code. 7. Certificates of financial responsibility are not required for non-self propelled nontank vessels that do not carry any oil. (2) The amounts in this subsection (d) are in effect unless amended by Section 8670.37.53(a), 8670.37.58(a) or 8670.41 of the Government Code. (3) If the information contained in the application, evidence of financial responsibility, or any supplemental information provided is insufficient, the Administrator shall notify the applicant of the nature of such insufficiency within twenty-one (21) calendar days from the date of receipt of the application and evidence of financial responsibility, or any supplemental information or additional evidence, whichever is applicable. Applicants shall then have ten (10) business days from the date of notification to provide the missing information or additional evidence. (A) Certificates will be issued within fifteen (15) calendar days of the submission of additional evidence or supplemental information provided that acceptable evidence or adequate information was received. In the event that acceptable evidence or adequate information is not received, the Administrator may deny the application by providing written notice specifying the reasons for the denial following the ten (10) day period set forth in Subsection (d)(3) above. (e) Application processing by the OSPR - Small Barges, Marine Facilities, Small Marine Fueling Facilities, Mobile Transfer Units, and Vessels Carrying Oil As Secondary Cargo. (1) Applications submitted by owners or operators of small barges, marine facilities, small marine fueling facilities (as defined in Section 790 of this subdivision), mobile transfer units, and vessels carrying oil as secondary cargo (as defined in Section 790 of this subdivision) will be reviewed and applicants notified of the amount of financial responsibility required within twenty-one (21) calendar days of receipt by the OSPR. (2) The OSPR shall determine the amount of financial responsibility as follows: (A) For small barges, except for those vessels carrying oil as secondary cargo addressed under Subsection (e)(2)(F) of this section: 1. the product derived by multiplying the maximum per barrel clean-up and damage cost of spilled oil ($12,500) times thirty percent (30%) of the maximum cargo capacity, as measured in barrels, of the small barge. 2. The amount of financial responsibility shall not exceed the amount required for tankers as set forth in Section 8670.37.53(a) of the Government Code. 3. The amount of financial responsibility required for small barges used exclusively to transfer, transport, store, or mechanically treat oily waste water may be reduced if allowed by the Administrator following reconsideration pursuant to the procedures established in Subsection 791.7(g). If a reduced financial responsibility amount is allowed, it shall be based on: $12,500 times thirty percent (30%) of the maximum concentration of oil found in the oily waste water, as measured in barrels. 4. However, the amount of financial responsibility will, in no case, be reduced below the minimum of $1,000,000. (B) For marine facilities except for those offshore marine facilities, small marine fueling facilities, and mobile transfer units addressed under Subsections (e)(2)(C), (e)(2)(D) and (e)(2)(E), respectively, of this section: 1. the product derived by multiplying the maximum per barrel clean-up and damage cost of spilled oil ($12,500) times the reasonable worst case spill volume, as measured in barrels, calculated in the certificant's oil spill contingency plan, in accordance with Sections 817.02(d)(1)(A), 817.02(d)(1)(B), and 817.02(d)(1)(E) of Title 14 of the California Code of Regulations. 2. The amount determined pursuant to this paragraph shall not be less than $1,000,000 or in excess of $300,000,000, unless otherwise determined by the Administrator following reconsideration pursuant to subsection 791.7(g). (C) For offshore marine facilities engaged in drilling operations which may have the potential for resulting in an uncontrolled release of oil from the reservoir into marine waters: 1. the product derived by multiplying the maximum per barrel clean-up and damage cost of spilled oil ($12,500) times the reasonable worst case spill volume, as measured in barrels. This volume is based on calculations and parameters proposed by the offshore marine facility in the certificant's oil spill contingency plan, in accordance with Sections 817.02(d)(1)(C)-(E) of Title 14 of the California Code of Regulations; plus: 2. The amount determined pursuant to this paragraph shall not be less than $10,000,000 or in excess of $300,000,000, unless otherwise determined by the Administrator following reconsideration pursuant to subsection 791.7(g). (D) For small marine fueling facilities except for those mobile transfer units addressed under Subsection (e)(2)(E) of this section: 1. the product derived by multiplying the maximum per barrel clean-up and damage cost of spilled oil ($12,500) times the reasonable worst case spill volume, as measured in barrels, calculated in the certificant's oil spill contingency plan, in accordance with Section 817.03(d)(1)(A) of Title 14 of the California Code of Regulations. (E) For mobile transfer units: 1. The product derived by multiplying the maximum per barrel clean-up and damage cost of spilled oil ($12,500) times thirty percent (30%) of the maximum cargo capacity, as measured in barrels, of the unit. 2. The amount of financial responsibility required for mobile transfer units used exclusively to transport oil-water mixture may be reduced if allowed by the Administrator following reconsideration pursuant to the procedures established in Subsection 791.7(g). If a reduced financial responsibility amount is allowed, it shall be based on: $12,500 times thirty percent (30%) of the maximum concentration of oil found in the oily waste water, as measured in barrels. (F) For Vessels Carrying Oil As Secondary Cargo: 1. the product derived by multiplying the maximum per barrel clean-up and damage cost of spilled oil ($12,500) times thirty percent (30%) of the maximum oil cargo capacity, as measured in barrels, of the vessel. 2. The amount of financial responsibility shall not exceed the amount required for tankers as set forth in Section 8670.37.53(a) of the Government Code. 3. However, the amount of financial responsibility will, in no case, be reduced below the minimum of $1,000,000. (3) Evidence of financial responsibility must be submitted within twenty-one (21) calendar days from the date applicant receives notice of the amount of financial responsibility. The Administrator may waive the twenty-one (21) day period for submitting such evidence. (4) Certificates will be issued for small barges, marine facilities, small marine fueling facilities, mobile transfer units, and vessels carrying oil as secondary cargo within ten (10) business days following the receipt of acceptable evidence of financial responsibility by the OSPR, as determined by the Administrator. The criteria for demonstrating financial responsibility are set forth in Section 795 of this subchapter. (5) If the information contained in the application, evidence of financial responsibility, or the other supplemental information provided is insufficient, the Administrator shall notify the applicant of the nature of such insufficiency within twenty-one (21) calendar days from the date of receipt of either the application, evidence of financial responsibility, or supplemental information, whichever is applicable. Applicants shall then have ten (10) business days from the date of notification to provide the missing information or additional evidence. (A) Certificates will be issued within ten (10) business days following the submittal of evidence of financial responsibility and any additional evidence required, provided that acceptable evidence and adequate information is received. In the event that acceptable evidence or adequate information is not received, the Administrator may deny the application by providing written notice specifying the reasons for the denial following the ten (10) day period set forth above. (B) If no evidence of financial responsibility is submitted following issuance of the notice of financial responsibility or if the response to a notice of insufficiency is inadequate, the Administrator may deny the application by providing written notice specifying the reasons for the denial following the twenty-one (21) day or ten (10) day submittal period specified above, whichever is applicable. (f) Application renewals. (1) Certificate renewal applications shall be accepted by the Administrator no earlier than ninety (90) calendar days prior to the expiration of the existing certificate. In order to renew a certificate prior to the expiration date of the existing certificate, renewal applications must be submitted no later than forty-five (45) calendar days prior to the expiration date. (2) If at any time after a certificate has been issued, a holder of a certificate becomes aware of a material change in any facts contained in the application or supporting documents, including the holder ceasing to be the owner or operator of the tanker, barge, nontank vessel, or marine facility, or the owner of the oil, the holder of the certificate shall notify OSPR, in writing, within five (5) business days of becoming aware of the change. (3) Operator(s) or owner(s) of nontank vessels shall submit a nonrefundable fee per vessel, as set forth in Section 791.7(c)(5) of this subchapter. Do not deduct any processing fees from the per vessel fee. (g) Requests for Reconsideration. (1) Applicants may submit a written request to the Administrator requesting reconsideration of the amount of financial responsibility that the applicant must demonstrate to obtain a certificate, or any decision to deny issuance of a certificate or a renewal certificate, or any decision to deny exemption from the requirement to obtain a certificate. Requests must be submitted within ten (10) business days from the date that the applicant receives notice of denial or of the amount of financial responsibility to be demonstrated. The Administrator may waive the ten (10) day period for submitting a request. (2) The request must contain the basis for requesting reconsideration and, if applicable, provide evidence which rebuts the basis for the Administrator's denial of the application, renewal application, exemption, or financial responsibility determination. (3) Within ten (10) business days from the date the request for reconsideration is received, the OSPR will advise the applicant of the Administrator's decision whether the request will be considered. (4) Within fifteen (15) calendar days following the notice that the Administrator will consider the request, the applicant will either be sent a notice that the Administrator shall adhere to his or her earlier decision (i.e., deny the request for reconsideration); or a certificate shall be issued; or a revised notice of financial responsibility shall be issued; or an exemption shall be granted. (h) Destruction or Loss of Certificate. (1) In the event that a certificate has been lost or destroyed, the holder of the certificate shall immediately notify the Administrator of the certificate's loss or destruction. (2) Certificate holders shall provide a written request which clearly states the reasons for the request to the Administrator for the issuance of a replacement certificate. Note: Authority cited: Sections 8670.37.54(b), 8670.37.58 and 8670.41, Government Code. Reference: Sections 8670.37.53, 8670.37.54, 8670.37.58 and 8670.41, Government Code. s 792. Certification Requirements: Tankers, Nontank Vessels, Large Barges, and Owners of Oil. (a) Each tanker or barge operator or owner who transports oil across California marine waters or the owner(s) of all the oil contained in and to be transferred to or from the tanker or barge, or the person accepting responsibility for the oil, or each nontank vessel operator or owner entering the marine waters of the state, shall obtain a certificate issued by the Administrator prior to operating in California marine waters. The certificate(s) shall be kept in their possession or control and, if applicable, on board the tanker, barge or nontank vessel. (b) To obtain a certificate, the operator(s) or owner(s) of tankers, nontank vessels, large barges, or owner(s) of oil contained therein, or the person accepting responsibility for the oil, shall demonstrate the required amounts of financial responsibility found in Subsection 791.7(d). (c) The required amounts of financial responsibility in no way restricts or sets financial limitations on any duty, obligation or liability of the responsible party to the State of California or any other public or private entity. This includes civil penalties assessed pursuant to all applicable federal, state and local laws. (d) When the owner(s) of all of the oil contained in the tanker, barge or nontank vessel, or the person accepting responsibility for the oil, hold the certificate(s) in lieu of the tanker, barge or nontank vessel operator or owner, the owner(s) or person accepting responsibility for the oil, shall provide a copy of documentation demonstrating ownership of, or responsibility for, all the oil contained in the vessel, a written statement authorizing application of the certificate(s) to the tanker, barge or nontank vessel, and a copy of the certificate to the tanker, barge or nontank vessel operator. (e) The original or a certified copy(s) of certificate(s) issued to the responsible party (e.g., the tanker, barge or nontank vessel operator or owner, or, if applicable, the owner(s) of all the oil contained in the tanker, barge or nontank vessel or the person accepting responsibility for the oil), shall be carried on the tanker, barge or nontank vessel and be available for inspection at all times. As used in this subsection, a certified copy means either a notarized copy or a copy with an attached declaration, signed by an official of certificant, declaring the copy to be a true and accurate copy of the original certificate. If applicable, the documentation required pursuant to Subsection (d) shall be carried on the tanker, barge or nontank vessel and be available for inspection at all times. (f) If the operator or owner of a vessel intends to rely on the certificate(s) issued to the owner(s) of or person(s) accepting responsibility for the oil cargo, the vessel operator shall, at least twenty-four (24) hours prior to transporting the oil across California marine waters, provide the Administrator with the following: (1) a copy or copies of the certificate(s) applicable to all of the oil at all times during the transport; and (2) a copy of a written statement by the holder(s) of the applicable certificate(s) authorizing its (their) application to the vessel. (g) Operators who are not also the owners of the certificated tankers, barges or nontank vessels, shall carry on board such tankers, barges or nontank vessels a copy of the charter-party or any other written document which demonstrates that the operators are the operators designated on the certificates. (h) Owners or operators of tankers, barges or nontank vessels used exclusively to respond to, contain, and clean up oil spills shall be exempt from the financial responsibility requirements set forth in this chapter, provided the responsible party or the Administrator agrees to indemnify the owner or operator, or the owner or operator is subject to the qualified immunity provisions set forth in Government Code Section 8670.56.6. Note: Authority cited: Sections 8670.37.54(b), 8670.37.51, 8670.37.53 and 8670.37.58, Government Code. Reference: Sections 8670.37.51-8670.37.58 and 8670.56.6, Government Code. s 793. Certification Requirements: Small Barges, Marine Facilities, Small Marine Fueling Facilities, Mobile Transfer Units, and Vessels Carrying Oil As Secondary Cargo. (a) Operators or owners of small barges, marine facilities, small marine fueling facilities, mobile transfer units, and vessels carrying oil as secondary cargo shall demonstrate the financial ability to pay for any damages arising from an oil spill resulting from the operations of the small barge, marine facility, small marine fueling facility, mobile transfer unit, or vessel carrying oil as secondary cargo. (b) Each operator or owner of a small barge, marine facility, small marine fueling facility, mobile transfer unit, or vessel carrying oil as secondary cargo shall obtain a Certificate of Financial Responsibility from the Administrator. (c) The original or certified copy of the certificate shall remain on-board the barge, the marine facility premise, the small marine fueling facility premise, with the mobile transfer unit, or on-board the vessel carrying oil as secondary cargo and be available for inspection at all times. As used in this subsection, a certified copy means either a notarized copy or a copy with an attached declaration, signed by an official of certificant, declaring the copy to be a true and accurate copy of the original certificate. (d) Each operator or owner of a marine terminal within the state may only transfer oil to or from a vessel following receipt and verification of a copy(s) of the certificate(s) issued by the Administrator to the operator of the vessel or owner(s) of or persons accepting responsibility for the oil contained in the vessel, as well as all the oil to be transferred to or from the vessel. (e) Each marine terminal operator or owner may only transfer oil to a vessel which is intended to be used for transporting oil to a second vessel located within twelve (12) miles of the California shoreline and which is intended to be used for transporting such oil as cargo, following receipt and verification of a copy(s) of the certificate(s) issued to the person(s) responsible for both vessels or all of the oil contained in both vessels, as well as all the oil to be transferred to both vessels. (f) Each marine terminal operator or owner may only transfer oil from a vessel which has been used for transporting oil cargo from a second vessel located within twelve (12) miles of the California shoreline, following receipt and verification of a copy(s) of the certificate(s) issued to the person(s) responsible for both vessels or all of the oil contained in both vessels, as well as all the oil to be transferred from both vessels. (g) Each marine terminal operator or owner shall be determined to have met the verification requirements set forth in Subsections (d), (e), and (f) of this regulation, when, at the time of oil transfer, the marine terminal operator or owner has: (1) obtained verbal verification that the certificate (s) is (are) current and applicable to the vessel(s) and, if applicable, all of the oil contained in or to be transferred to or from the vessel from the person(s) responsible for the vessel(s) or from person(s) responsible for the oil to be transferred to or from the affected vessels or from person(s) authorized to provide this verification; and (2) visually inspected all relevant manifests or similar documentation (e.g., U.S. Customs Cargo Declarations) to confirm the information ascertained pursuant to Subsection (g)(1), above; and (3) assured that the information contained in Certificates of Financial Responsibility, required to be obtained pursuant to this subchapter, is consistent with the information acquired in Subsections (g)(1) and (2), above. (h) The operator or owner of the marine terminal must retain a copy of the certificate(s) obtained in accordance with Subsections (d), (e), and (f) of this section for a period of not less than one year. (i) The Administrator shall determine the amount of financial responsibility that owners or operators of small barges, marine facilities, small marine fueling facilities, mobile transfer units, and vessels carrying oil as secondary cargo must demonstrate. The amount shall be based on the procedures described in Subsection 791.7(e)(2) of this subchapter. (j) The required amounts of financial responsibility in no way restricts or sets financial limitations on any duty, obligation or liability of the responsible party to the State of California or any other public or private entity. This includes civil penalties assessed pursuant to all applicable federal, state and local laws. (k) Owners or operators of mobile transfer units used exclusively to respond to, contain, and clean up oil spills shall be exempt from the financial responsibility requirements set forth in this subchapter, provided the responsible party or the Administrator agrees to indemnify the owner or operator, or the owner or operator is subject to the qualified immunity provisions set forth in Government Code Section 8670.56.6. (l) Special procedures for owners or operators of offshore marine facilities engaged in drilling operations. (1) The operator or owner of any offshore marine facility from which drilling operations are being carried out, where the drilling operations may have the potential for resulting in an uncontrolled release of oil from the reservoir into marine waters, shall demonstrate the financial ability to pay for any damages resulting from the operations of the offshore marine facility during an oil spill from the facility or from the drilling operations. The amount shall be based on the procedures described in Subsection 791.7(e)(2)(C). (2) At such time as an operator or owner described in Subsection (l)(1) of this section submits an application to the State Lands Commission or the Division of Oil, Gas and Geothermal Resources in the Department of Conservation for permission to carry out drilling operations which may have the potential for resulting in an uncontrolled release of oil from the reservoir into marine waters, that operator or owner shall apply for and obtain from the Administrator an amended Certificate of Financial Responsibility to reflect the requirements of Subsection (l)(1) of this section. The amended certificate shall no longer be required once the drilling operations are completed. Note: Authority cited: Sections 8670.37.51, 8670.37.53(b) and 8670.37.54(b), Government Code. Reference: Sections 8670.37.51-8670.37.57 and 8670.56.6, Government Code. s 794. Multiple Vessels/Facilities Certifications. (a) Original certificates shall be issued, one for each tanker, barge or nontank vessel or facility listed on the completed application, following approval of the application by the OSPR. (b) Total financial responsibility for multiple small barges, multiple marine facilities, multiple small marine fueling facilities, multiple mobile transfer units, or multiple vessels carrying oil as secondary cargo shall be based on the barge, facility, unit, or tanker, barge or nontank vessel which poses the greatest financial risk during an oil spill as determined pursuant to Subsection 791.7(e)(2). (c) An oil spill or spills occurring from one or more tankers, barges or nontank vessels, or marine facilities within or outside of California marine waters, which cause the certificate holder(s) to be liable for damages exceeding five percent (5%) of the total financial resources reflected by the certificate, as determined by the Administrator, shall cause the Administrator to: (1) immediately review the certificate holder's financial resources to determine the applicability of this section to the certificate holder and notify the holder of the results of the review prior to issuing a determination that the certificate is inapplicable to any tanker, barge or nontank vessel, or marine facility not associated with the spill; and (2) where a determination is made that the certificate is inapplicable, provide the certificate holder reasonable time to cease necessary operations; and (3) consider the certificate inapplicable to any tanker, barge or nontank vessel, or marine facility not associated with the spill. (d) Operators or owners holding certificates deemed inapplicable to any tanker, barge or nontank vessel, or marine facility not associated with the spill(s), pursuant to Subsection (c) above, shall reapply for a certificate for any or all tanker(s), barge(s) or nontank vessel(s), or marine facility(s) not associated with the spill. Upon reapplication, the operator(s) or owner(s) shall demonstrate to the satisfaction of the Administrator that: (1) the operator(s) or owner(s) has (have) the amount of financial ability required pursuant to this subchapter; and (2) the operator(s) or owner(s) has (have) the financial ability to pay all damages which arise or have arisen from the spill or spills which have occurred. Note: Authority cited: Sections 8670.37.54(b), 8670.37.55 and 8670.37.58, Government Code. Reference: Section 8670.37.55, Government Code. s 795. Evidence of Financial Responsibility. (a) Insurance. (1) The whole or portion of the amount of financial responsibility required may be demonstrated by providing evidence that the operator or owner is insured up to the amount determined pursuant to Section 791.7 of this subchapter. (2) Operators or owners of tankers, barges or nontank vessels or marine facilities, or owners of oil, or persons accepting responsibility for the oil may submit any of the following: (A) an insurance policy or other documentation, and a certificate of insurance that is acceptable to the Administrator specifying the nature, type, and amount of insurance. At a minimum, the insurance policy or certificate must include the following information: 1. Name and address of insured; 2. Name and principal characteristics of tanker(s), barge(s) or nontank vessel(s) or facility covered; 3. Name and address of insurer(s); 4. Policy number(s); 5. Effective date and term of coverage; 6. All conditions and limitations of the policy or certificate which may affect coverage in the event of discharge of oil; 7. Language that the policy covers damages as specified in Government Code Section 8670.56.5, except as provided in (D) below: 8. Evidence of dollar amounts of insurance policy or certificate of insurance and; 9. Amount of deductibles and/or self-insured retention (SIR). (B) a certificate of insurance that is acceptable to the Administrator and an endorsement executed by the underwriter or insurer which contains the language set forth in the California standard endorsement. Refer to the Endorsement for Vessels Calling Upon California - Oil Spill Labilities, FG OSPR Form 1929 (10/05) for endorsements to policies for tankers, barges or nontank vessels; and to Endorsement for Marine Facilities - Oil Spill Liabilities, FG OSPR Form 1962 (10/05) for endorsements to policies for marine facilities (other than mobile transfer units); and to the Endorsement for Mobile Transfer Units and Transportable Treatment Units - Oil Spill Liabilities, FG OSPR Form 1930 (10/05) for endorsements to policies provided as evidence of coverage for mobile transfer units and transportable treatment units, incorporated by reference herein. (C) similar or comparable evidence of insurance acceptable to the Administrator. (D) If an insurance policy or broker's cover note is being submitted as as evidence for excess coverage over and above a P&I Club policy, then one of the following is required: 1. Language that the policy covers damages as specified in Government Code Section 8670.56.5(h); or 2. The insurance policy shall be signed by the underwriter and shall state that the insurance policy covers the assured's legal liability for oil pollution claims, and is issued under the same terms and conditions as the underlying P&I Club policy; or 3. The underwriter shall acknowledge in writing that the broker has the authority to include language in the broker's cover note that the insurance policy covers the assured's legal liability for oil pollution claims, and is issued under the same terms and conditions as the underlying P&I Club policy. When multiple underwriters are providing coverage, the underwriter who sets rates and conditions shall execute the appropriate documents. (E) If an insurance policy is being submitted for excess coverage over and above the primary policy, then one of the following is required: 1. language that the policy covers damages as specified in Government Code Section 8670.56.5(h); or 2. a copy of the "following form" language which states that the policy is issued under the same terms and conditions as the primary or underlying policy or policies. (3) Certificants or applicants, whichever is applicable, shall notify the OSPR within five (5) business days of the date such certificant or applicant knows, or has reason to believe, that the policy of insurance submitted as evidence of financial responsibility will be terminated or any coverage thereunder will cease. (4) At the Administrator's discretion, a deductible provision or self-insured retention (SIR) layer which is greater than $250,000, in any policy of insurance or certificate is only acceptable if: (A) the applicant shows supplemental coverage for the amount of the deductible or SIR by means of other acceptable insurance, surety, guaranty, self-insurance, letter of credit, or other proof of financial responsibility acceptable to the Administrator; or (B) the deductible provision provides for a loss reimbursement plan which contains language guaranteeing that the insurer will be responsible for payment of all claims on a first dollar basis, without waiting for the insured to pay the amount of the deductible. (5) No later than thirty (30) calendar days following the expiration of the current policy period, certificants using insurance as evidence of financial responsibility shall submit a certificate of insurance, or other written documentation acceptable to the Administrator evidencing the renewal of certificant's insurance policy. Certificant shall also submit additional written documentation acceptable to the Administrator within ninety (90) calendar days. Acceptable written documentation includes a copy of the renewal policy that incudes language that the policy covers damages as specified in Government Code Section 8670.56.5(h); an Endorsement form (FG OSPR Form 1929 (10/05), FG OSPR Form 1930 (10/05), or FG OSPR Form 1962 (10/05); other documentation which contain the minimum information set forth in Subsection (a)(2) above; or similar or comparable evidence of insurance acceptable to the Administrator. Any additional terms or limitations which may affect coverage, including the renewal and new expiration dates, shall be included. (6) The Administrator may require the certificant to submit a supplemental certificate of insurance executed by the certificant's insurance company and/or the certificant's insurance broker or agent confirming that the certificant's insurance coverage used to demonstrate financial ability remains current and/or agreeing to notify the Administrator within thirty (30) calendar days of cancellation of the policy for any reason. (7) If an insurance policy is submitted which for any reason cannot be used as evidence of financial responsibility, the applicant must submit a declaration from the underwriter, or a broker designated and authorized by the underwriter, containing the information required in Subsection (a)(2), above. (8) For insurance coverage to be acceptable, the insurer providing coverage must be licensed or approved by the California Insurance Commissioner to do business in the State of California (i.e., be an admitted company) or, as a minimum, not be named in any order "not to place business with nonadmitted insurer" issued pursuant to Section 1765.1 of the Insurance Code by the California Commissioner of Insurance. The insurer providing coverage must also have a current AM Best rating of at least A-. The Administrator may waive this minimum rating requirement on a case-by-case basis if sufficient evidence such as, but not limited to, the insurer's ability to pay claims is provided. (b) Qualification as a self-insurer. (1) An applicant may satisfy financial responsibility requirements by demonstrating, to the Administrator's satisfaction, that the applicant meets the requirements specified in this subsection. To qualify as a self-insurer, the applicant must meet the criteria of either Subsections (b)(1)(A) (Test I), or (b)(1)(B) (Test II) below. (A) Test I - The applicant must have: 1. one of the following two ratios: a. a ratio of total liabilities to net worth less than 1.5; b. a ratio of cash flow (the sum of net income, after taking into consideration the effect of any extraordinary items, plus depreciation, depletion, and amortization) minus $20 million to total liabilities greater than 0.1; and 2. worldwide owners' equity minus intangible assets (i.e., "tangible net worth") equal to at least $20 million plus two times the amount of self-insurance to be established; and 3. assets in the United States amounting to at least ninety percent (90%) of total assets or at least two times the amount of self-insurance to be established. (B) Test II - The applicant must have: 1. a current rating of the applicant's most recent bond issuance of AAA, AA, A, or BBB- stable or better, as issued by Standard and Poors or Aaa, Aa, A, or Baa as issued by Moody's or commercial paper rating of A1, A2, or the equivalent; and 2. worldwide owners' equity minus intangible assets (i.e., "tangible net worth") of at least $20 million plus two times the amount of self-insurance to be established; and 3. assets in the United States amounting to at least ninety percent (90%) of total assets or at least two times the amount of self-insurance to be established. (2) Applicants relying upon self-insurance provisions set forth in subsection (b)(1) of this section as evidence of financial responsibility shall submit the following additional documentation to the Administrator with the application: (A) a letter signed by a financial officer if the applicant is a corporation; a general partner if the applicant is a partnership; or the proprietor if the applicant is a sole proprietorship stating: 1. he or she is a financial officer, general partner, or proprietor (as applicable) of the organization or business entity; and 2. that the letter supports the applicant's use of the financial test to demonstrate financial responsibility in the amount and manner stated (the letter must state the specific amount of financial responsibility being demonstrated by self-insurance and show specifically how the tests have been applied) pursuant to this section; and 3. the applicant or a subsidiary of the applicant is the owner or operator of the tankers, barges or nontank vessels, or facilities described in the applications or the owner of oil; and 4. the applicant or certificant, whichever applies, agrees to notify the Administrator by certified mail within five (5) business days if, at any time, the applicant or certificant fails to meet the self-insurance test criteria. (B) annual financial statements audited by an independent certified public accountant for the fiscal year ending immediately before each initial application. The applicant may submit, in lieu of audited financial statements, copies of the most recent Form 10-K and any subsequent Forms 10-Q filed pursuant to the Securities Exchange Act of 1934 providing that the Form 10-K includes audited financial statements. (3) Certificants relying upon self-insurance as the method for demonstrating financial responsibility, and any persons required to demonstrate to the satisfaction of the Administrator that they continue to meet the self-insurance requirements set forth in this section, shall submit annually the letter described in Subsection (2)(A) above and the most current documents described in Subsection (2)(B) above, within thirty (30) days of completion of the audit or forms described in Subsection (2)(B). (c) Surety bond. (1) An applicant may demonstrate financial responsibility by obtaining and submitting to the Administrator a surety bond which conforms to the requirements of this subsection. The surety bond form shall be in the form provided by Title 11, California Code of Regulations, Chapter 2, Section 44.2. Refer to bond form titled "Surety Bond for Oil Spill Response and Damages". The surety company issuing the bond must, at a minimum, be among those listed as acceptable sureties on Federal bonds in Circular 570 of the U.S. Department of the Treasury. (2) Upon written request, the Administrator may waive the thirty (30) day notice period for terminations prior to the bond's expiration date pursuant to item 10 of the bond form with respect to any unloaded tanker(s), barge(s) or nontank vessel(s), covered by the surety bond. (3) The bond shall contain no additional terms or conditions which limit the surety company's obligation to pay for costs and damages arising under Government Code Section 8670.56.5. (4) Under the terms of the bond, the bond shall be subject to and governed by the laws of the State of California. (5) Applicants utilizing surety bonds to demonstrate evidence of financial responsibility shall establish a standby trust fund. The Trust Agreement shall be in the form prescribed by this subchapter. Refer to FG OSPR Form 1926 (3/99) for tankers, barges or nontank vessels/owners of oil and FG OSPR Form 1961 (3/97) for marine facilities, incorporated by reference herein, for approved language. Under the terms of the bond, all payments made thereunder shall be deposited by the surety directly into the standby trust fund in accordance with the Administrator's instructions. (d) Letter of Credit. (1) An applicant may satisfy financial responsibility requirements by obtaining and submitting to the Administrator an Irrevocable Standby Letter of Credit in favor of the State of California. The issuing institution must be an entity which is acceptable to the Administrator and which has the authority to issue letters of credit and whose letter of credit operations are regulated and examined by a federal or state agency. The letter of credit shall be in the form prescribed by this section. Refer to FG OSPR Form 1927 (3/97), incorporated by reference herein. The Irrevocable Letter of Credit shall: (A) be effective on or before the approval date of the Certificate of Financial Responsibility; and (B) be addressed to the Administrator. (2) The letter of credit shall contain no additional terms or conditions which limit the issuing institution's obligation to make funds available for costs and damages arising under Government Code Section 8670.56.5. (3) An applicant utilizing a letter of credit to demonstrate evidence of financial responsibility shall establish a standby trust fund. The Trust Agreement shall be in the form prescribed by this section. Refer to FG OSPR Form 1926 (3/99) for tankers, barges or nontank vessels/owners of oil and FG OSPR Form 1961 (3/97) for marine facilities for approved trust agreement language. Under the terms of the letter of credit, all amounts paid pursuant to a draft by the State of California shall be deposited by the issuing institution directly into the standby trust fund in accordance with the Administrator's instructions. (e) Guaranty: (1) An applicant may satisfy the financial responsibility requirements determined pursuant to this chapter by obtaining a written guaranty which conforms to the requirements of this subsection. The Guaranty of Financial Responsibility for Oil Spill Response and Damages shall be in the form prescribed by this section. Refer to FG OSPR Form 1928 (3/97), incorporated by reference herein, for approved language. (2) Applicants utilizing guarantees to demonstrate evidence of financial responsibility must submit a properly executed guaranty to the OSPR. (3) Upon written request, the Administrator may waive the thirty (30) day notice period for terminations prior to the guaranty's expiration date pursuant to item 9 of the guaranty form with respect to any unloaded tanker(s), barge(s) or nontank vessel(s) covered by the guaranty. (4) The guaranty shall contain no additional terms or conditions which limit the guarantor's obligation to pay for costs and damages arising under Government Code Section 8670.56.5. (5) Except in circumstances where the guarantor itself is a responsible party, no guarantor shall be held liable for any cleanup costs and damages which exceed the amount of financial responsibility that the guarantor has provided. (6) Applicants utilizing guarantees shall establish a standby trust fund. (A) The Trust Agreement shall be in the form prescribed by this section. Refer to FG OSPR Form 1926 (3/99) for tankers, barges or nontank vessels/owners of oil and FG OSPR Form 1961 (3/97) for marine facilities for approved language. (B) Under the terms of the guaranty, all payments made thereunder shall be deposited by the guarantor directly into the standby trust fund in accordance with the Administrator's instructions. (C) Where the guarantor is the parent corporation of the applicant, the requirement to establish a standby trust fund is waived. (f) Other evidence of financial responsibility. Applicants may provide other evidence of financial responsibility that is not specifically mentioned in this subchapter and which is acceptable to the Administrator. Acceptable evidence pursuant to this subsection includes, but is not limited to, documentation that provides proof of entry of each tanker, barge or nontank vessel, into a protection and indemnity club (P&I Club) and which reflects that each entered tanker, barge or nontank vessel, is covered for pollution risk in the amount set forth in Section 791.7 above and which names the applicant as an assured or member, all addenda which pertain to pollution risk and deductibles, and a copy of the applicable P&I Club rules. (1) At the Administrator's discretion, an applicant submitting evidence of P&I Club cover containing a deductible or similar provision which is greater than $250,000 may be required to submit the following additional proof before applicant's evidence of financial responsibility shall be deemed acceptable: (A) the applicant shows supplemental coverage for the amount of the deductible by means of other acceptable insurance, surety, guaranty, self-insurance, letter of credit, or other proof of financial responsibility acceptable to the Administrator; or (B) the deductible provision provides for a loss reimbursement plan which contains language guaranteeing that the P&I Club will be responsible for payment of all claims on a first dollar basis, without waiting for the member to pay the amount of the deductible. (2) No later than thirty (30) calendar days following renewal of the P&I Club coverage, certificants using P&I Club membership as the method of evidence of financial responsibility shall self certify in writing that the certificant's membership in the P&I Club has been renewed. Certificants shall also submit additional written documentation acceptable to the Administrator evidencing renewal of the certificant's membership in the P&I Club, no later than ninety (90) calendar days following renewal of the P&I Club coverage. Acceptable written evidence includes a copy of the addendum or renewal certificate of entry, both of which contain the information required by Subsection (f), and any additional terms or conditions which may affect cover, including the renewal and new expiration dates. (3) If requested by the Administrator, the certificant shall submit documentation executed by the certificant's P&I Club confirming that the certificant's coverage used to demonstrate financial responsibility remains current. The certificant shall agree to notify the Administrator within thirty (30) calendar days, or five (5) days prior to a tanker, barge or nontank vessel entering into the state waters of California, of cancellation of the cover for any reason. (g) Combination of methods. Any one or a combination of the above-described methods may be utilized to establish the amount of financial responsibility required pursuant to this subchapter. Note: Authority cited: Sections 8670.37.53, 8670.37.54(b) and 8670.37.58, Government Code. Reference: Sections 8670.37.53, 8670.37.54 and 8670.56.5, Government Code. s 796. Certificate Revocation. (a) A certificate may be revoked, following (10) ten business days written notice by the Administrator to certificant unless the certificant requests reconsideration as specified in Subsection (d) below, for any of the following reasons: (1) negligently making an false material statement in connection with an application for or renewal of a certificate; or (2) failure to establish or maintain evidence of financial responsibility as required by this subchapter. (b) A certificate may be revoked immediately with concurrent written notice by the Administrator to certificant for any of the following reasons: (1) when the holder of the certificate is no longer the owner or operator of the tanker, barge or nontank vessel or marine facility, or owner of the oil in question; or (2) willfully making any false statement in connection with an application for or renewal of a certificate. (c) Erasures or other alterations to a certificate or copy are prohibited and automatically void a certificate or copy. (d) Request for Reconsideration. (1) Certificants may submit a written request to the Administrator requesting reconsideration of any decision to revoke a certificate. Requests must be submitted within ten (10) business days from the date the applicant receives notice of revocation. The Administrator may waive the ten (10) day period for submitting a request. (2) The request must contain the basis for requesting reconsideration and, if applicable, provide evidence which rebuts the basis for the Administrator's revocation of the certificate. The certificate shall remain valid while the request for reconsideration is reviewed. (3) Within ten (10) business days from the date the request for reconsideration is received, the OSPR will advise the certificant of the Administrator's decision whether the request will be considered. (4) Within fifteen (15) calendar days following the notice that the Administrator will consider the request, the certificant will either be sent a notice that the Administrator shall adhere to his or her earlier decision (i.e., deny the request for reconsideration), or the notice of revocation shall be rescinded. (e) If a certificate is revoked, a new application and fee, if applicable, are required. Note: Authority cited: Sections 8670.37.54(b), 8670.37.56 and 8670.37.58, Government Code. Reference: Sections 8670.37.54-8670.37.56, Government Code. s 797. Reporting and Suspension. (a) The certificant shall provide written notification to the Administrator of an event which could produce a material change that affects the certificant's ability to comply with the financial responsibility requirement. Such events include, but are not limited to, an oil spill or discharge occurring within or outside of California marine waters from one or more tankers, barges or nontank vessels, or marine facilities or other facilities for which the certificant may be liable for damages, or other significant action against the certificant (e.g., bankruptcy, insolvency). Additionally, the certificants must notify the Administrator in writing of any potential liability that could produce a material change that affects the certificant's ability to comply with the financial responsibility requirement. Written notification must be submitted within ten (10) business days of knowledge of the incident or knowledge of sufficient facts which would lead a reasonably prudent person to investigate and learn of the incidents. For purposes of this subsection, "material change" means an event or action which could cause the certificant to be liable for damages in an amount exceeding five percent (5%) of the total financial resources reflected by the certificate or, if owners' equity exceeds the total amount of financial resources reflected by the certificate, five percent (5%) of the owners' equity. (b) Upon notification of the oil spill or discharge or other action or potential liability, as required by Subsection 797(a) , the Administrator shall reevaluate the validity of the Certificate of Financial Responsibility. (c) Upon a determination by the Administrator that the certificant lacks sufficient financial resources to assume financial responsibility for both the current spill or liability and have adequate resources remaining available to meet the requirements of this subchapter, the Administrator shall suspend the certificate following ten (10) business days written notice. (d) Suspension of the certificate shall continue until the responsible party demonstrates, to the satisfaction of the Administrator, that the responsible party has the financial resources needed to meet the requirements of this subchapter. (e) Request for Reconsideration. (1) Certificants may submit a written request to the Administrator requesting reconsideration of any decision to suspend a certificate. Requests must be submitted within ten (10) business days from the date the applicant receives notice of suspension. The Administrator may waive the ten (10) day period for submitting a request. (2) The request must contain the basis for requesting reconsideration, and, if applicable, provide evidence which rebuts the basis for the Administrator's suspension of the certificate. Upon a showing of good cause, the Administrator may reinstate the certificate pending a final decision by the Administrator. (3) Within ten (10) business days from the date the request for reconsideration is received, the OSPR will advise the certificant of the Administrator's decision whether the request will be considered. (4) Within fifteen (15) calendar days following the notice that the Administrator will consider the request, the certificant will either be sent a notice that the Administrator shall adhere to his or her earlier decision (i.e., deny the request for reconsideration), or the notice of suspension shall be rescinded. Note: Authority cited: Sections 8670.37.54(b), 8670.37.56 and 8670.37.58, Government Code. Reference: Sections 8670.37.54-8670.37.56, Government Code. s 800. Definitions. In addition to the definitions in Chapter 1, Section 790 of this Subdivision, the following definitions shall govern the construction of this subchapter. Where similar terms are defined, the following will supersede the definition in Chapter 1: (a) "Vessels" means any watercraft or ship of any kind, including every structure adapted to be navigated from place to place for the transportation of merchandise or persons. Note: Authority cited: Section 8670.23, Government Code. Reference: Sections 8670.3, 8670.21 and 8670.23, Government Code. s 800.5. Harbor Safety Committees. (a) The Administrator shall create harbor safety committees for the harbors and adjacent regions of San Diego Bay; Los Angeles/Long Beach Harbor; Port Hueneme; San Francisco, San Pablo, and Suisun Bays; and Humboldt Bay. In consultation with each harbor safety committee, the Administrator shall determine its geographic region of responsibility which shall be clearly reflected in the committee's plan as described in Section 802(b)(2) of this Subchapter. (b) In the event that a designee of a port authority is not able to participate as a harbor safety committee member due to military affiliations, the civilian counterpart for that harbor may serve in place of the port authority designee. (c) All meetings of harbor safety committees, their subcommittees, workgroups or organizations, as defined in Government Code Section 54952, are subject to the open meeting requirements contained in Government Code Sections 54950 through 54962. Note: Authority cited: Sections 8670.23 and 8670.23.1, Government Code. Reference: Section 8670.23, Government Code. s 800.6. Harbor Safety Committee Membership. (a) The Administrator shall appoint to each harbor safety committee, for a term of three years, all of the following members and their alternates: (1) A designee of each of the port authorities within the region, except that the harbor safety committee for the San Francisco, San Pablo and Suisun Bay region shall have four designees. (2) A representative of dry cargo vessel operators, except that the harbor safety committee for the San Francisco, San Pablo and Suisun Bay region may have two representatives. (3) A representative of tank ship operators, except that the harbor safety committee for the San Francisco, San Pablo and Suisun Bay region shall have one additional representative of either tank ship operators or marine oil terminal operators. (4) For the harbor safety committees for the Los Angeles/Long Beach Harbor region, Port Hueneme region, and Humboldt Bay region a representative of marine oil terminal operators. (5) A representative of tug or tank barge operators, who is not also engaged in the business of operating either tank ships or dry cargo vessels, except that the harbor safety committees for the San Francisco, San Pablo and Suisun Bay region and Humboldt Bay region shall have one representative of tug operators and one representative of tank barge operators, neither of whom is also engaged in the business of operating either tank ships or dry cargo vessels. (6) For the harbor safety committees for the San Francisco, San Pablo and Suisun Bay region, Los Angeles/Long Beach Harbor region and San Diego Bay region, a representative of scheduled passenger ferry or excursion vessel operators. (7) A representative of the pilot organizations within the region, except that the harbor safety committee for the Los Angeles/Long Beach Harbor region shall have two pilot representatives: one a designee of the Port of Los Angeles pilot organization and one a designee of the Port of Long Beach pilot organization. Additionally, the harbor safety committee for the Los Angeles/Long Beach Harbor region have one representative of mooring masters who represents all mooring masters operating within the committee's geographic area of responsibility. (8) A representative of a recognized labor organization involved with operations of vessels. (9) A representative engaged in the business of commercial fishing. (10) A representative of pleasure boat operators or a recreational boat organization. (11) A representative of a recognized nonprofit environmental organization that has as a purpose the protection of marine resources, except that the harbor safety committee for the Los Angeles/Long Beach Harbor region may have two representatives. (12) The United States Coast Guard Captain of the Port and a designee of each of the following federal agencies to the degree that each consents to participate on the committee: the United States Army Corps of Engineers, the National Oceanographic and Atmospheric Administration, and the United States Navy. (13) A designee of the California Coastal Commission, except for the harbor safety committee for the San Francisco, San Pablo and Suisun Bay region, where the Administrator shall appoint a designee of the San Francisco Bay Conservation and Development Commission. (b) A harbor safety committee may petition the Administrator with a request for new or additional membership positions for special needs to conduct ongoing harbor safety committee business and which reflect the makeup of the local maritime community. The qualifications for such positions shall be set either in committee bylaws or on the petition. The approval of such petitions shall be at the sole discretion of the Administrator. (c) A harbor safety committee may petition the Administrator for the elimination of new or additional membership positions requested and approved pursuant to Subsection (b). The approval of such petitions shall be at the sole discretion of the Administrator. (d) The members appointed from the categories listed in Subsections (a)(2), (3), (4), (5), (6), and (7) above shall have navigational expertise. An individual is considered to have navigational expertise if the individual meets any of the following conditions: (1) Has held or is presently holding a United States Coast Guard Merchant Marine Deck Officer's license. (2) Has held or is presently holding a position on a commercial vessel that includes navigational responsibilities. (3) Has held or is presently holding a shoreside position with direct operational control of vessels. (4) Has held or is currently holding a position having responsibilities for permitting or approving the docking of vessels in and around harbor facilities. (e) The Administrator shall appoint a chairperson and vice chairperson, for a term not to exceed the balance of their current membership appointment, for each harbor safety committee from the membership specified in Subsection (a) above. The Administrator may withdraw such appointments at his or her sole discretion. (f) Upon request of the committee chairperson, pursuant to the committee's bylaws, the Administrator may remove a member or alternate appointed under authority of Subsection (a) above. Note: Authority cited: Sections 8670.23 and 8670.23.1, Government Code. Reference: Section 8670.23, Government Code. s 801. General Provisions. (a) Each harbor safety committee shall be responsible for planning for the safe navigation and operation of vessels within its geographic region of responsibility. As part of meeting this responsibility, each committee shall prepare and submit to the Administrator its harbor safety plan which encompasses all vessel traffic within its region and addresses the region's unique safety needs. (b) All harbor safety plans shall be consistent with both the California Oil Spill Contingency Plan and the National Contingency Plan. (c) All harbor safety plans shall be in writing and shall include a reference to any federal, state or local laws or regulations if those laws or regulations were relied upon to develop the plan. (d) Harbor safety plans which meet the requirements of this subchapter shall be implemented by the Administrator in consultation withthe respective committee. (e) On or before July 1 of each year, each harbor safety committee shall assess maritime safety or security within its region, including tank vessel safety, and shall report its findings and recommendations for improvements to the Administrator by amending its current harbor safety plan or instituting other alternatives to address its findings. All plans shall be reviewed by the Administrator to ensure their compliance with this subchapter. (f) The Administrator may direct a harbor safety committee to address any issue affecting maritime safety or security, as appropriate, and to report findings and recommendations on those issues. Note: Authority cited: Sections 8670.23 and 8670.23.1, Government Code. Reference: Section 8670.23, Government Code. s 802. Harbor Safety Plan Content. (a) All harbor safety plans shall be written in consideration of the best achievable protection standard as that term is defined in Chapter 1 of this subdivision. (b) Each harbor safety plan shall include, at a minimum, a discussion of the following: (1) Tug Escorts (A) One section of the plan shall be dedicated to the usage of tug escorts in the committee's geographic region of responsibility. (B) This section shall allow for a case-by-cast determination of tug escort usage or need based on specified criteria which include, but are not limited to, all of the following factors: 1. the physical limitations of the tugs; 2. an analysis of commonly encountered weather and sea conditions including, but not limited to, wind, tidal and ocean currents; 3. the type of cargo carried by the tank vessel; 4. a determination of whether or not tug escorts are needed for unladen tank vessels; and 5. the effectiveness of tug escorts in steering and/or stopping assistance for heavily laden tank vessels given the geographic and navigational limitations of that region. (C) This section shall also include, but not be limited to, all of the following: 1. an outline discussing tug boat capabilities when assisting a tank vessel; 2. a recommendation determining when tank vessels must be escorted by tug(s) while entering, leaving, or navigating in the region; 3. a determination of sufficient size, horsepower, and pull capacity of the tug(s) to assure maximum assistance capability; 4. a comprehensive inventory of the number and types of tugs available for tank vessel escort in each geographic region; and 5. an analysis, including factual data and studies relating to the analysis, which specifies the incident and location of accidents and the effects of the absence or presence of tug escorts at the time of those accidents. (D) Each plan shall address its method for performing a continued study of tug escorts, which will rely in part on relevant information solicited by the harbor safety committee from pilots, masters, representatives from towing industries and builders, and other interested parties. (2) Geographic Region of Responsibility This section shall provide a written description of each committee's geographic region of responsibility and shall include a large scale chart, or chartlet, illustrating the entire region. The geographic region of responsibility described and illustrated shall be the one approved by the Administrator as outlined in Section 800.5(a) of this Subchapter. (3) Regional Harbor Conditions This section shall provide: (A) A description of existing and expected conditions of weather, tidal ranges, tidal currents (directions and velocities) and other factors which might impair or restrict visibility or impact vessel navigation; (B) a description of the procedures for routing vessel traffic, and any contingency or secondary routing plans which may be used during construction and dredging operations; (C) a description of limitations of current anchorages (designations, proximity to heavily used fairways or channels) and any plans, if developed, to address those limitations; and (D) a description of the current channel design (navigable channel width and advertised dredged depth) and any proposed changes to these plans. (4) Vessel Traffic Patterns This section shall provide, to the greatest extent possible: (A) A description of the types of vessels which call on the ports or facilities within the region; and 1. identification of the types of cargo transported on the vessels; and 2. a determination of the amount of oil annually (using a three year average) shipped into or from the ports or facilities within the region. (B) a history and types of all accidents and near-accidents which have occurred within the region during the past three years and any corrective actions or programs taken to alleviate recurrences. For purposes of this subsection, "near-accident" shall mean all situations where a risk of collision as defined by 33 USC 2007 existed; (C) an assessment of current safety problems or conflicts with small vessels, sailing vessels, or vessels engaged in fishing as it relates to violation of Rule 9 (Narrow Channels Rule) of the Inland Navigational Rules Act (33 USC 2009); (D) current procedures for routing vessels during emergencies or other contingencies which impact navigation; (E) a review of existing and proposed federal, state or local laws, regulations or ordinances affecting the region to determine a need for any change; (F) an assessment of the need for establishing or upgrading existing educational or public awareness programs for all waterway users. (5) Aids to Navigation This section shall: (A) describe any fixed navigational hazards specific to the region and aids to navigation systems in place to minimize risk of contact with these hazards; (B) evaluate the existing aids to navigation systems available to each region as established and maintained by the United States Coast Guard or other navigational aids as permitted by the United States Army Corps of Engineers, and determine the need for any changes; and (C) evaluate current programs to determine accurate depth information in navigable channels, anchorages and berths used by tank vessels, and make recommendations necessary to increase the accuracy of such information. (6) Communication This section shall: (A) review and evaluate the adequacy of current ship-to-ship and ship-to-shore communication systems used in the region; (B) identify any low propagation, or silent areas within the region; (C) if communication deficiencies exist, develop a strategy to address such deficiencies. (7) Bridge Management Requirements (A) This section shall assess the current schedule for bridge openings, the adequacy of ship-to-bridge communications, and the physical limitations affecting vertical and horizontal clearance. (8) Enforcement (A) This section shall include suggested mechanisms that will ensure that the provisions of the plan are fully, uniformly and regularly enforced. (9) Project Funding This section shall: (A) provide recommendations for funding projects that the committee intends to recommend or initiate; and (B) consider the imposition of user fees, and assess existing billing mechanisms as potential funding sources. (10) Competitive Aspects This section shall: (A) identify and discuss the potential economic impacts of implementing the provisions of the harbor safety plan; and (B) describe the significant differences in the restrictions that could vary from port to port within the region. (11) Miscellaneous (A) This section shall address any additional issues deemed necessary by the harbor safety committee that could impact safe navigation in the region including, but not limited to: 1. vessel pilotage; 2. vessel ballast procedures or requirements; 3. vessel mooring requirements; 4. navigation in reduced or restricted visibility; and 5. maintenance dredging necessary for safe vessel operation. Note: Authority cited: Sections 8670.23 and 8670.23.1, Government Code. Reference: Section 8670.23, Government Code. s 815.01. General Outline. 815.03 Purpose and Scope 815.05 Definitions 815.07 General Requirements 816 Plan Submittal, Review and Approval 817.02 Marine Facility Contingency Plans 817.03 Small Marine Fueling Facility Contingency Plans 818.02 Vessel Contingency Plans 818.03 Vessels Carrying Oil As Secondary Cargo Contingency Plans 819 Oil Spill Response Organizations Rating 820.01 Drills and Exercises -Evaluation and Credit s 815.03. Purpose and Scope. This subchapter sets forth planning requirements for oil spill prevention and response for vessels and marine facilities in California. The planning requirements specify that the owner/operator of a vessel or marine facility must own or have contracted for resources sufficient to respond to all spills up to the reasonable worst case spill (RWC). For the purpose of meeting the regulatory requirements herein, contracts for booming, on-water recovery and storage, and shoreline protection services can only be made with OSRO's Rated by the Office of Spill Prevention and Response. For other required services (e.g., shoreline clean-up, waste management, spill response management, etc.) contracts with non-rated OSRO's may be used. The regulations provide a method for calculating the amount of equipment necessary and provide response planning standards for the volumes of oil that each vessel and marine facility could expect to discharge under various scenarios. The planning volumes so calculated will dictate the amount of equipment and personnel that the owner/operators must have available at the time of a spill. This equipment must either be "non-cascadable" in the area where the marine facility is located, or the vessel normally transits, or must be "cascadable" to the region within the mandated timeframes. The equipment that the owner/operators have available must also be applicable to the areas of intended use. This subchapter requires that trajectory analyses be conducted to determine the probable areas of the coastline that could be impacted by a spill. Based on these trajectories the owner/operators will be able to ascertain the type of equipment that must be available, such as shallow-water skimmers, as well as the appropriate response strategies necessary to protect and clean up the shoreline types that could be affected. For vessels, the trajectories established for the scenarios from the appropriate Area Contingency Plans (ACP) may be used for this purpose. The information required by these regulations must be submitted to the Office of Spill Prevention and Response (OSPR), and maintained by the owner/operator, in separate volumes. A principal volume will be compiled to contain all the required information, calculations, studies, maps and related data. A separate volume will be set up as a response manual and will contain only the information that response personnel will need at the time of a spill to facilitate the immediate notification and response actions that are mandated. To the greatest extent possible, California has endeavored to be consistent with the scope and intent of the Federal oil spill response regulations. Allowance has been made to accept response plans prepared for the Coast Guard, or other appropriate agencies, in lieu of the contingency plans required by state regulations. Any additional information required by this subchapter can be submitted simply as an addendum to the plans prepared for other agencies. Information developed to demonstrate compliance with other applicable Federal, State, and International (e.g., International Maritime Organization, etc.) requirements may be used to demonstrate compliance with all or part of this subchapter. In addition, the Area Contingency Plans (ACP) completed by the Coast Guard, State Agencies, and Local Governments, with public participation, as required by the Oil Pollution Act of 1990 (33 USC 2701, et seq.), shall be used as guidelines for determining whether the individual contingency plans provide for the best achievable protection. Some of the documentation from the Area Contingency Plans may be used by the plan holder in lieu of developing comparable documentation of their own for their individual contingency plans. Note: Authority cited: Sections 8670.28 and 8670.29, Government Code. Reference: Sections 8670.3, 8670.4, 8670.28 and 8670.29, Government Code. s 815.05. Definitions. In addition to the definitions in Chapter 1, Section 790 of this subdivision, the following definitions shall govern the construction of this subchapter. Where similar terms are defined, the following will supersede the definition in Chapter 1: (a) "Area Exercise" means an exercise of the Area Contingency Plan and selected oil spill contingency plans through the combination of tabletop and equipment deployment exercises in accordance with the National Preparedness for Response Exercise Program. (b) "Contract or Other Approved Means": (1) includes either of the following: (A) A written, signed contract, or written certification of active membership, between a plan holder and an Oil Spill Response Organization(s) (OSRO) Rated by OSPR (as specified in Section 819 of this subchapter) or a contract with a nonprofit maritime association (pursuant to CCR Section 826.01(a)(1)(B)) that utilizes Rated OSRO's for the Rating levels and services required. This contract shall identify and ensure the availability of the required personnel and equipment capable of responding to an oil spill within the stipulated response times and in the specified Geographic Regions in which the vessel or marine facility operates; or (B) Written certification that the necessary personnel and equipment are owned or operated by the plan holder and are available within the stipulated response times and in the specified Geographic Regions; (2) The owner/operator shall notify the Administrator within five days of a change in contracted resources/membership in a local or regional OSRO. (3) A contract between a plan holder and an OSRO shall not contain a provision requiring the plan holder to notify the OSRO in advance, in order to guarantee response services for two hours and beyond (as specified in Section 819.04(b)(2)) of this subchapter. (c) "Dedicated Response Resources" means equipment and personnel committed solely to oil spill response, containment, and cleanup that are not used for any other activity that would adversely affect the ability of that equipment and personnel to provide oil spill response services in the time frames for which the equipment and personnel are Rated. Ratings of six hours or earlier require either dedicated response resources or OSRO owned and controlled response resources, as specified in Section 819.04(b)(2) of this subchapter. (d) "Equipment Deployment Exercise" means an exercise of oil spill response equipment identified in an oil spill contingency plan or an OSRO application through its actual deployment and operation as it would be used in spill response efforts in an environment of similar water depth, current velocity, tidal range, and substrate, where the equipment may need to be used in an actual oil spill response. (e) "Full Scale Combination Exercise" means an exercise of an oil spill contingency plan involving both the spill management response efforts and the actual deployment and operation of oil spill response equipment as it would be used in spill response efforts at a specific site. (f) "Implementation of the Plan" means that all essential provisions have been taken to enable the plan or any portion of the plan to become operational. (g) "Internal Unannounced Exercise" means an exercise of an oil spill contingency plan organized by an owner/operator or oil spill response organization and initiated so exercise participants have no prior knowledge of the exercise. (h) "Letter of Approval" means a written document issued by the Office of Spill Prevention and Response to the plan holder following verification, inspection and if required by the Administrator, satisfactory performance in an announced and unannounced drill, and final review of the plan holder's contingency plan. (i) "Marine Waters", for this subchapter, means those California marine waters subject to tidal influence including all waterways used for waterborne commercial vessel traffic to the Port of Stockton and the Port of Sacramento. (j) "Non-Dedicated Response Resources" means those response resources listed by an OSRO for oil spill response activities that are not dedicated response resources. (k) "OSRO-owned and controlled resources" means equipment owned by the OSRO and personnel who are employed directly by the OSRO. (l) "OSRO Rating Letter" (ORL) means a written document issued by the Office of Spill Prevention and Response to an OSRO following verification, inspection and unless exempted by the Administrator, satisfactory performance in an announced and unannounced drill, and final review of the OSRO's application. (m) "Plan Holder" means the owner/operator of a tank vessel, nontank vessel, marine facility, small marine fueling facility, or vessel carrying oil as secondary cargo responsible for the development, submittal, update, maintenance of, and compliance with the oil spill contingency plan required under this subchapter. (n) "Plan Recipient" means a receiving agency and any other entity who has been designated in this subchapter to receive a copy of the vessel or marine facility oil spill contingency plan. (o) "Shallow-Draft Vessel" means: (1) for purposes of boom deployment, a vessel that must be able to operate in water depths of two feet or less; (2) for purposes of skimming operations, a vessel and attendant skimming system that must be able to operate in water depths of three feet or less. (p) "Spill Management Team" means the personnel identified in an oil spill contingency plan to staff the organizational structure that will manage response implementation and is able to fully integrate into an Incident Command/Unified Command structure, as required by the National Contingency Plan and the State Marine Oil Spill Contingency Plan. (q) "Systems Approach" means an assessment of the infrastructure and the support resources that an OSRO must have to mobilize, transport, deploy, sustain, and support the equipment resources necessary for the level of response for which Rated. (r) "Tabletop Exercise" means an exercise of an oil spill contingency plan and the spill management response efforts without the deployment of response equipment. A tabletop exercise usually involves the enactment of a response to a simulated spill. (s) "Unannounced Drill" means an exercise of an oil spill contingency plan or an OSRO application initiated by OSPR without prior notice to the plan holder or oil spill response organization. Note: Authority cited: Sections 8670.28, 8670.29 and 8670.30, Government Code. Reference: Sections 8670.3, 8670.28, 8670.29 and 8670.30, Government Code. s 815.07. General Requirements. (a) Plan holders shall only contract with an OSRO(s) that has received a Rating by OSPR (as specified in Section 819 of this subchapter) for the booming, on-water recovery and storage, and shoreline protection services required. An OSRO's existing Letter of Approval issued from the Administrator shall remain valid unless revoked and shall be deemed to meet the requirements of this subchapter for three years from the date of the letter's issuance or until January 1, 2003, whichever date occurs later. (b) No person shall load oil onto, nor unload oil from a vessel unless the following conditions are met prior to transfer operations: (1) after initial submittal but prior to approval of the contingency plan, the vessel owner/operator must provide the owner/operator of the marine terminal with a copy of the letter acknowledging the receipt of the vessel's oil spill contingency plan by the Administrator, if the terminal owner/operator does not already have such a letter on file; (2) after approval of the initial submittal of the contingency plan, the owner/operator of the vessel must provide the owner/operator of the marine terminal with a copy of the letter approving the current oil spill contingency plan for that vessel if the terminal owner/operator does not already have such a letter on file; (3) the vessel owner/operator must notify the terminal owner/operator of any change in the approval status not reflected by the letter on file at that terminal; and (4) the owner/operator of the vessel must certify that a complete copy of the response manual for that vessel is on board the vessel. (c) Responsibility for initial notification of a spill that occurs during transfer operations will be determined as part of the pre-transfer agreement made between the vessel and the facility. This agreement should specify who will be responsible for notification of the appropriate state and federal agencies. After an initial notification is complete, the responsible party shall activate its oil spill contingency plan as necessary to effect response and cleanup procedures. If the responsible party can not be immediately identified, the pre-transfer agreement should specify which party will activate their oil spill response plan until a responsible party can be determined by the State Incident Commander or the Federal On-Scene Coordinator through the Unified Command. (d) Each plan shall provide for the best achievable protection of coastal and marine resources and shall ensure that all areas addressed by the plan are at all times protected by prevention, response, containment and cleanup equipment and operations. (e) Each plan shall be consistent with the State Marine Oil Spill Contingency Plan and not in conflict with the National Oil & Hazardous Substances Pollution Contingency Plan, or the applicable Federal Area Contingency Plans. (f) Nothing in these regulations shall, in any manner or respect, impair or limit the authority of the California Coastal Commission to review federal activities, federal development projects, or federally-permitted or licensed activities, as authorized pursuant to the Coastal Zone Management Act of 1972 (16 U.S.C., Section 1451 et seq.). Nor shall these regulations impair or limit the authority of the California Coastal Commission to ensure such activities or projects are performed in a manner that is consistent, to the extent required by applicable law, with the enforceable policies of the California Coastal Management Program. (g) All plans must be written in English, and for vessel plans, if applicable, the response manual portion shall also be in a language that is understood by the crew members responsible for carrying out the plan. Note: Authority cited: Sections 8670.28, 8670.29 and 8670.30, Government Code. Reference: Sections 8670.28, 8670.29 and 8670.30, Government Code. s 816. Plan Submittal, Review and Approval. s 816.01. Plan Submittal. (a) Plans Unless otherwise exempt, each owner/operator of a vessel or marine facility shall prepare and submit an oil spill contingency plan for that vessel or facility. The plan may be specific to an individual facility or vessel or may be composed as follows: (1) Marine Facility Blanket Plans (A) Blanket contingency plans may be submitted for marine facilities that are substantially similar to one another based on the criteria in this subsection. The owner/operator must request approval for the use of a blanket plan prior to submitting the plan to the Administrator. The request must include a justification for the use of a blanket plan based on the criteria outlined in this subsection. (B) The Administrator shall determine whether a blanket plan is appropriate for any given group of marine facilities. In order to utilize a blanket plan, each marine facility covered by the blanket must demonstrate the following: 1. each facility must be substantially similar in layout and design, or must be an integral part of another facility, such as the pipeline connecting a platform to a shoreside facility; 2. each facility must handle the same products; 3. the risk and hazard analysis for each facility must show substantially similar risks of a spill, and similar sites of potential leakage or spills; 4. the response equipment and personnel must be able to respond to any and all of the covered marine facilities in the same or essentially the same amount of time; 5. any spill from any of the marine facilities must pose similar risks in the same or essentially the same geographical region, including risks to the same environmentally sensitive areas; and 6. The prevention measures as specified in Subsections 817.02.(c) or 817.03(c) must be substantially the same for each facility. (C) A separate appendix for each marine facility covered by the Blanket Plan must be included as an attachment to the plan. (2) Vessel Fleet Plans Fleet contingency plans may be submitted by an owner/operator that has a number of vessels that transit the same or substantially the same routes in California marine waters. (A) All prevention and response elements required pursuant to Sections 818.02 or 818.03 must be the same for the vessels included in the Fleet Plan. (B) A separate appendix for each vessel covered by the Fleet Plan must be included as an attachment to the plan. (3) Substitute Plans (A) Plans of other Federal and State Agencies Any plan, or appropriate section thereof, submitted to the Federal Environmental Protection Agency, the Minerals Management Service, the Coast Guard, the Department of Transportation - Research and Special Programs Administration, the California State Lands Commission, the California Coastal Commission, other states, or other appropriate agencies may be submitted in substitution for all or part of the plan required under this section. This substitution may include documents submitted in compliance with the International Safety Management (ISM) Code. Any information required by this subchapter that is not included in the substitute plan must be submitted as an appendix to that plan. The Administrator will determine if the use of a substitute plan is appropriate prior to final plan approval. (B) Regional Response Plans 1. An oil spill contingency plan for a specific geographic region may be prepared and submitted for use by the marine facilities or vessels in that region. Such a plan must specify which of the required elements in Sections 817.02 or 817.03 for facilities, or Sections 818.02 or 818.03 for vessels will be included in the regional plan. 2. A marine facility or vessel owner/operator within the geographic region covered by the regional plan may contract for use of that plan in substitution for all or part of the contingency plan required by this subchapter. Any additional requirements not included in the regional plan must be submitted as an appendix to the regional plan. 3. The Administrator shall determine when all or part of a regional plan is appropriate for a given area. The plan holder must request approval from the Administrator before submitting a regional contingency plan. (4) Absent such an approved regional response plan, the applicable ACP may be used for this purpose. (C) Rated OSRO: An OSRO Rating Letter will be issued for the equipment, personnel, and services which may be provided to the owner/operator of a marine facility or tank vessel or nontank vessel. A copy of the Rating letter may be submitted in substitution for all or part of the response elements required under Sections 817.02, 817.03, 818.02 or 818.03. 1. An OSRO Rating does not guarantee the performance of an OSRO, nor does the use of an OSPR-Rated OSRO in a contingency plan relieve the plan holders of their ultimate statutory and regulatory responsibility to ensure the adequacy of the spill response resources identified in their contingency plan. (b) Timeframes: (1) Plans shall be submitted to the Administrator by April 1, 1994. (2) Any marine facility that first begins operating after the due date for initial plan submittal shall submit a plan that is received by OSPR at least 180 days prior to the beginning of operations. (3) Any vessel that first begins operating in California marine waters after the due date for initial plan submittal shall submit a plan that is received by OSPR at least 5 working days prior to entering California marine waters. (c) Receiving Agencies: (1) One copy of the plan for each marine facility and each vessel shall be delivered to the Planning Branch of the Office of Spill Prevention and Response of the Department of Fish and Game. Delivery of the plan may be in person or by registered mail with return receipt requested, or the equivalent. Additional hard copies shall be provided to an OSPR regional office, upon request. (2) Two copies of the plan for each marine facility shall be delivered by the plan holder to the California State Lands Commission. (3) Within two working days of a request from the Administrator, additional copies shall be mailed by the plan holder to other member agencies of the State Interagency Oil Spill Committee and the State Oil Spill Technical Advisory Committee. (4) Any additional copies shall be submitted within 2 working days of a request by the Administrator. (5) In addition to the original hard copy of the contingency plan, a copy may be provided to OSPR on electronic media, in a format approved by the Administrator. (d) Confidentiality (1) A plan holder may request that proprietary information be kept confidential. Such a request must include justification for designating the information as confidential. The Administrator will make a determination regarding that information which may be considered confidential and removed from any copy of the plan that is made available for public review. (A) A plan holder may also request that any reports, or studies prepared or submitted under any contingency plan requirements be designated as proprietary information. Such a request must include justification for designating the report or study, such as drill reports or any background information developed for the risk and hazard analysis, as confidential. (2) Any information designated as confidential must be clearly identified as proprietary. (3) If a plan holder designates information as confidential, two different copies of the plan must be submitted as follows: (A) one copy must contain the confidential information. This plan will be utilized by the Administrator in the review and approval process; (B) one copy must be submitted with the confidential information removed. This copy will be available for public review. This plan must contain sufficient information in place of the confidential information so that any individual reviewing the plan will understand all the notification, prevention and response elements of the plan. (C) Any plan submitted to any state agency, as required by this section, must include all confidential information. Note: Authority cited: Sections 8670.28, 8670.29, 8670.30 and 8670.31, Government Code. Reference: Sections 8670.28, 8670.29, 8670.30, 8670.31 and 8670.36, Government Code. s 816.02. Plan Format. Each plan shall be organized into separate volumes: a response manual and a principal volume or volumes with related appendices. The format for each is outlined below: (a) Response Manual A simplified response manual suitable for on-scene use in the event of a spill which summarizes key notification information and the initial response actions specified in the plan shall be prepared and submitted with each plan. (1) The response manual is a subset of the information provided in the principal volume of the plan. (2) The information contained in the response manual shall be sufficient to direct on-scene response personnel through the first 24 hours of a response. (b) Principal Volume of the Plan (1) The principal volume shall include all the required information including a summary of the conclusions of all studies, calculations and analyses. (2) The principal volume of each plan shall be organized to facilitate access to information, and shall include: (A) a detailed table of contents with chapters arranged, to the extent possible, in the same order in which the requirement for that information appears in Sections 817.02 and 817.03 for marine facilities, or Sections 818.02 and 818.03 for vessels; (B) a system of numbered chapters, sections and appendices; (C) index tabs for locating plan chapters; (D) a log sheet placed in the front of the plan for recording all amendments and updates; and (E) amendments and updates that are consecutively numbered and dated. (3) Each plan shall be submitted in an 8 1/2 by 11 inch binder, in a loose-leaf format to allow replacement of chapter or appendix pages without requiring replacement of the entire plan. Amendments and updates shall be hole-punched and in a format that will fit the binder that was submitted with the plan. (4) If a fleet, blanket or regional plan is used, the principal volume of the plan will include all the information generic to all the marine facilities or vessels covered by the plan. (c) Appendices (1) Vessel-Specific Appendix If a fleet or regional plan is used, each plan must include an appendix for each vessel covered by the plan. The vessel-specific appendix must provide the descriptive information regarding layout and design unique to that vessel. (2) Marine Facility-Specific Appendix If a blanket or regional plan is used each plan must include an appendix for each marine facility covered by the plan. The facility-specific appendix must address all the required information unique to that facility. (3) Geographic-Specific Appendix to Vessel Plans Each vessel plan must include an appendix to address the geographic- specific elements along the vessel's normal routes of travel. This appendix must include: (A) all required notification information for each Geographic Region in which the vessel operates; (B) identification of the oil spill response organizations to be used in each of the six Geographic Regions, as defined in Chapter 1, Section 790 of this subdivision, along the vessel's normal routes of travel; and (C) a copy of the written contract or other approved means (as defined in Section 815.05(b) of this subchapter) that will verify that the oil spill response organization(s) that are named in the plan will provide the requisite equipment and personnel in the event of an oil spill. (d) Substitute Plans If a substitute plan is submitted, such as a plan prepared for the State Lands Commission, the Minerals Management Service, or the United States Coast Guard, the following must also be submitted: (1) a listing of all the elements of the individual vessel or marine facility's contingency plan that will be replaced by elements in the substitute plan, with an index specifying the location of the required elements, by regulation section, within the substitute plan; (2) any required prevention or response element not included in the substitute plan must be submitted as an appendix to the substitute plan; and (3) a copy of the response manual required by this section. (e) Wallet-Sized Card/Posted Information The immediate response and notification information shall be summarized on a wallet-sized card, or on a poster located in a conspicuous place. This information shall include the names and telephone numbers of the individuals, agencies and organizations who must be immediately notified when a spill occurs. A copy of the card or poster shall be submitted with the plan. Note: Authority cited: Section 8670.28, Government Code. Reference: Section 8670.28, Government Code. s 816.03. Plan Review and Approval. (a) Timeframes (1) Each Plan shall be approved or denied within 180 days after receipt by the Administrator. (2) Any state agency or committee that reviews the contingency plans shall submit any comments to the Administrator within 60 days of receipt of the plan by the agency or committee. (3) The Administrator shall determine whether each plan complies with the regulations governing the contingency planning process. If it is determined that a plan is inadequate a written explanation of deficiencies, and, if practicable, suggested modifications or alternatives shall be sent to the plan holder. (4) Upon notification of a plan's deficiencies, the plan holder will have 90 days to submit a new or modified plan. Such a re-submittal shall be treated as a new submittal and processed according to the provisions of this section. (b) Determination of Adequacy (1) A plan will be determined to be adequate if it provides for the best achievable protection of coastal and marine resources and meets the requirements of this subchapter. To be approved, the plan must also demonstrate that each owner/operator maintains a level of readiness that will allow for effective implementation of the plan. (2) To be determined adequate, each plan shall provide for all of the following: (A) Prevention Measures: 1. for marine facilities, all prevention measures to reduce or eliminate the hazards that could result in an oil spill as identified in the Risk and Hazard Analysis; a2. for vessels, all prevention measures to reduce the possibility of an oil spill occurring as a result of allisions, collisions, groundings, explosions or operator error; (B) immediate notification and mobilization of response resources upon the discovery of a spill; (C) procedures for deployment and delivery of response equipment and personnel within the timeframes specified in Sections 817.02 and 817.03 for marine facilities or Sections 818.02 and 818.03 for vessels; (D) procedures to assure protection of the environment from oil spills; (E) procedures for timely and adequate cleanup of all spills, up to and including the reasonable worst case spill; (F) identification of response equipment, and the call-out procedures to acquire that equipment, to respond to any spill over and above the reasonable worst case spill, in a timely and efficient manner. (G) all other prevention and response measures specified in Sections 817.02 and 817.03 for marine facilities and Sections 818.02 and 818.03 for vessels. (3) In assessing the adequacy of a plan the Administrator shall consider: (A) the volume and types of oil addressed by the plan; (B) the history and circumstances of prior spills from the vessel, marine facility, small marine fueling facility, or vessel carrying oil as secondary cargo; (C) existing operating hazards; (D) the sensitivity and value of the natural, cultural and commercial resources of the geographic area encompassed by the plan; (E) the spill prevention, notification and response measures addressed in the plan; and (F) the site-specific characteristics of a marine facility that could affect response and cleanup operations, including: local topography, prevailing winds, current speed and direction, tidal fluctuations, and access to the potential spill sites; or (G) the area-specific characteristics along a vessel's normal routes of travel that could affect response and cleanup operations, including: prevailing winds, current speed and direction, tidal fluctuations, and access to the potential spill response sites. (4) Prior to considering a plan for approval, the Administrator may make an on-site inspection and require a drill of all or part of any contingency plan submitted in order to determine the plan's adequacy. (c) Public Review and Comment Contingency plans will be made available for review by any interested member of the general public at a designated location. (1) Any person interested in reviewing the plan shall contact the Administrator to request an appointment to review the plan at the offices of OSPR. Copies of the plans will be provided at the cost of duplication. (2) Any interested person may review a plan and submit written comments prior to the Administrator's approval of the initial plan or plan updates. Such comments will be taken into consideration in the Administrator's approval process. No comments will be accepted after final approval. (d) Plan Approval (1) A plan for a marine facility shall be approved if it addresses all the elements specified in Sections 817.02 or 817.03 as appropriate, and complies with the adequacy criteria enumerated in this section. (2) A plan for a vessel shall be approved if it addresses all the elements specified in Sections 818.02 or 818.03 as appropriate, and complies with the adequacy criteria enumerated in this section. (3) Any revised plan submitted by an owner/operator in response to a notification of inadequacy shall be considered approved unless otherwise notified by the Administrator within the timeframes established in Section 816.03(a). (4) Any comments submitted by other agencies or interested parties shall be considered when approving or disapproving the plan. (5) The plan holder shall be notified when a plan has been approved. A Letter of Approval will be issued by the Administrator and will describe the conditions of approval, if any, and specify the expiration date of the Letter of Approval. (6) A plan will be considered to be effective upon submittal unless and until the owner/operator is notified that the plan is inadequate. Exceptions to this requirement will be considered by the Administrator on a case-by-case basis. (e) Conditional Approval A plan may be approved conditionally if there is a minor deficiency in one or more of the requisite elements. (1) The plan holder shall be notified of conditional approval. Such notice shall include a description of any deficiencies in the plan. (A) Upon notification of a plan's deficiencies, the plan holder will have 90 days to submit a new plan, a modified plan, or corrections to the noted deficiencies. Such a re-submittal shall be treated as a new submittal and processed according to the provisions of this section. (2) Conditional approval may require the vessel or marine facility to operate with specific precautionary measures until the deficient components are resubmitted and approved. (A) Precautionary measures may include, but are not limited to: reducing oil transfer rates, increasing personnel levels or training requirements, restricting operations to daylight hours, or increasing availability of response equipment. (B) Failure to comply with the conditional requirements in a timely manner will result in the revocation of conditional approval status. (f) Denial or Revocation of Plan (1) Approval shall be denied or revoked if a plan does not comply with the criteria set forth in this Section (816.03). (2) If approval is denied or revoked, the Administrator shall notify the plan holder in writing of the reasons for denial or revocation and provide an explanation of those actions necessary to secure approval. (A) The plan holder shall have 90 days to submit a new or revised plan that incorporates the recommended changes. (B) Failure to gain approval after the second submission may be determined to be a violation of this subchapter. (3) Upon determination of a violation the Administrator may order a vessel or marine facility to discontinue operations until a plan for that vessel or facility has been approved. (g) Appeals The plan holder may appeal a decision made by the Administrator regarding the contingency plan in accordance with the following provisions: (1) the plan holder may submit a written request for reconsideration to the Administrator regarding any decision of conditional approval, denial, revocation of approval, or a request for exemption. Requests must be submitted within 15 calendar days from the date the plan holder receives notice that approval of the plan has been denied. The request must contain the basis for the reconsideration and, if available, provide evidence which rebuts the basis for the Administrator's decision regarding the plan; (2) within 15 calendar days following the receipt of the request for reconsideration, the plan holder will either be sent a notice that the Administrator shall adhere to the earlier decision or that the decision has been rescinded; (3) the plan holder may, within 15 days after receipt of notice that reconsideration has been denied, request a hearing in writing. No such hearing may be requested unless and until all remedies pursuant to this section have been exhausted. The Administrator shall conduct a reconsideration hearing upon request; (4) the proceedings and hearings under this section shall be conducted in accordance with Chapter 4.5 (commencing with Section 11400) of Part I of Division 3 of Title 2 of the Government Code, including the right of judicial review as provided for in Section 11460.80 of the Government Code. (h) Proof of Approval (1) Marine Facilities The marine facility plan holder shall keep the Letter of Approval, or a copy certified to be true and accurate, filed in the front of the approved contingency plan. The approval letter shall be presented upon request to any representative of the Administrator. (2) Vessels The vessel plan holder shall keep the Letter of Approval, or a copy certified to be true and accurate, filed in the front of the response manual. The approval letter shall be presented upon request to any official representing the Administrator, or to the operator of a marine facility prior to an oil transfer. (i) Liability Approval of a plan does not constitute an express assurance regarding the adequacy of the plan in the event of a spill nor does it constitute a defense to liability on the part of the operator or owner. (j) Coastal Protection Review (1) Within one year of the adoption of this section, and within 18 months of subsequent updates, the Administrator shall conduct a comprehensive review of all the oil spill contingency plans for vessels and marine facilities. (2) The comprehensive review shall be conducted to assure that the plans, as a whole, provide the best achievable protection of coastal resources. Each plan will be reviewed in conjunction with all the plans submitted by vessels and marine facilities located in or using the same geographical region. The Geographic Regions to be used for the review of overall coastal protection are defined in Chapter 1, Section 790 of this subdivision. (3) The Administrator shall evaluate the contingency plans for each geographical region to determine if deficiencies exist in equipment, personnel, training and other elements determined to be necessary to ensure the best achievable protection for that region. (4) If deficiencies are found to exist in overall protection, the Administrator shall remand any contingency plans to the plan holder with recommendations for any amendments necessary to adequately protect coastal resources in that geographical region. Any plans returned for amendment shall be processed according to the procedures for initial submittal, review and approval of the contingency plan. Note: Authority cited: Sections 8670.19, 8670.28 and 8670.31, Government Code. Reference: Sections 8670.19, 8670.28 and 8670.31, Government Code. s 816.04. Plan Implementation and Use. (a) Availability (1) Marine Facility Plans (A) A complete copy of the marine facility's approved plan must be maintained on-site if the facility is staffed, or at the nearest field office if the facility is not staffed. (B) A copy of the response manual must be maintained at all sites covered by the plan. (C) Response manuals for pipeline facilities shall be maintained at all sites covered by the plan or where operations and maintenance activities are conducted. (2) Vessel Plans (A) A complete copy of the vessel's contingency plan, including the response manual, must be maintained by the owner/operator. (B) A complete copy of the vessel's approved response manual must be maintained on board the vessel at all times. (3) The plan, or response manual, whichever is required, must be in a central location accessible to key response personnel at all times. (4) A complete copy of the contingency plan, including the response manual, must be maintained by the Qualified Individual and available for use in the event of an incident. (5) A complete copy of the contingency plan, including the response manual, must be maintained by the owner/operator and made available for review and inspection by all relevant state agencies upon request. (6) Immediate Notification Information (A) The wallet-sized card with the summary of immediate response and notification information shall be carried by all appropriate personnel while on duty; or (B) The immediate response and notification information that is summarized on the wallet-sized card, shall be posted in a conspicuous location with access to a telephone, or other similar means of communication. (b) Implementation (1) Each plan shall be effective upon submittal. Any element of the plan that can not be implemented upon submittal must be covered by a timetable for implementation. Elements included in the timetable may include such items as the purchase of equipment, or the implementation of specific prevention measures. The timetable must also include an explanation for the delay, and provide for full implementation within six months of plan submittal, unless an extension is authorized by the Administrator. (2) The owner/operator must implement the plan according to any timetable submitted as part of the plan. (3) An owner/operator, or any of his/her agents and employees shall use and implement the effective plan in the event of an oil spill or an oil spill drill. (4) Any deviation from any major element of the contingency plan must be approved by the Administrator in advance of the change. A major element is one that will affect timely and adequate oil spill response. (5) All involved parties, as defined, shall carry out whatever direction is given by the Administrator in connection with the response, containment, and cleanup of a spill. A responsible party or potentially responsible party(party) may refuse to accept a directive from the Administrator if: (A) the directions of the Administrator are in direct conflict with directions from the Coast Guard; and/or (B) the party reasonably, and in good faith, believes that the directions or orders given by the Administrator will substantially endanger the public safety or the environment. (6) If a party refuses to accept the directive of the Administrator, the party shall state the reason why they have refused at the time of refusal, and: (A) the party that has refused a directive shall follow up a verbal explanation of their refusal with a written notice to the Administrator explaining in full the reason(s) for refusing the directive. The written notice must be submitted within 48 hours of the refusal; (B) the burden of proof shall be on the party to demonstrate, by clear and convincing evidence, why refusal to follow orders was justified. (7) Failure to implement the plan appropriately shall constitute a violation of this subchapter. (c) Coordination With Other Plans (1) Each plan shall be consistent with the State Oil Spill Contingency Plan and not in conflict with the National Oil & Hazardous Substances Pollution Contingency Plan. (2) Beginning with the first review and resubmission, each plan submitted shall be consistent with the appropriate Area Contingency Plan(s) completed by the Coast Guard, State Agencies, and Local Governments as required by the Oil Pollution Act of 1990 that are in effect on January 15 of the year in which the contingency plan update is required. Note: Authority cited: Sections 8670.28 and 8670.31, Government Code. Reference: Sections 8670.27, 8670.28, 8670.28.5, 8670.29, 8670.30(a)(2) and 8670.57-8670.69.6, Government Code. s 816.05. Plan Updates. (a) Timeframes (1) Update and Review (A) All plans shall be resubmitted for review on April 1, 1996, and on April 1, 1998, and then at least once every 5 years thereafter. The subsequent resubmittal filing dates shall conform to the date set for United States Coast Guard response plan filing, under the Oil Pollution Act of 1990 (OPA-90) (Pub. L. 101-380). 1. A complete new plan must be resubmitted for the update and review only if there have been changes to the plan since the last submittal. If the plan has not changed, or the relevant Area Plan has not been amended, the owner/operator may submit a letter to the Administrator stating that the plan currently on file with the OSPR is up-to-date and complete. (B) The Administrator may require earlier or more frequent resubmission than that required in subparagraph (A). The owner/operator shall be notified in writing if an earlier update is required. The notice shall include an explanation for the reasons for the update. The circumstances that would warrant an earlier review or update include, but are not limited to, the following: 1. a change in regulations; 2. the development of new oil spill response technologies as determined by the Administrator during any review of Response Capability Standards; 3. deficiencies identified in the Administrator's review of all the oil spill contingency plans as part of the Coastal Protection Review; 4. an increased need to protect plant and wildlife habitat; 5. an oil spill; 6. an oil spill drill; 7. significant changes to the vessel or marine facility; and 8. any other situation deemed appropriate by the Administrator. (2) Unscheduled Updates (A) The Administrator shall be notified as soon as possible, but at least within 24 hours, of any significant change or update to an approved plan. 1. A significant change is one that could affect timely and adequate oil spill response. 2. Changes which are not significant include minor changes in equipment, personnel, or operating procedures. 3. As soon as administratively feasible, the Administrator will approve any change that would benefit the public health and safety, improve environmental protection, or facilitate more effective response, containment and cleanup. (b) Review and Approval of Plan Updates (1) The Administrator may deny approval of a resubmitted plan, or updated section(s) of a plan if it is no longer adequate according to the adopted regulations and policies in effect at the time of resubmission. (2) The review will be processed in accordance with the same timeframes and procedures for submission of the initial plan. (c) Logging and Distributing the Revised Plan (1) The plan holder shall distribute the revised plan page(s) to all plan recipients within 15 days of the Administrator's approval of the revisions. Faxed updates for insertion into the plan are not acceptable. (2) The updated page(s) shall have an update number and date revised on the bottom of each page, and shall be accompanied by an index of updates that includes update number, date revised, page(s) revised, and subject matter of update. In addition to the hard copy, this information may be submitted on electronic media, in a format approved by the Administrator. (3) The log sheet, located in the front of the plan, shall be used to record the date the amendment was received, the initials of the individual who received the amendment, and a description of the change. (d) Each plan recipient must incorporate and utilize all updated materials as provided by the plan holder. Note: Authority cited: Sections 8670.28 and 8670.31, Government Code. Reference: Sections 8670.19, 8670.28 and 8670.31, Government Code. s 816.06. Compliance Requirements/Penalties. Any person who knowingly, intentionally, or negligently violates any provision of this subchapter shall be subject to criminal, civil, and/or administrative civil actions as prescribed in Article 9, beginning with Section 8670.57 of the Government Code. Actions which constitute a violation of this subchapter shall include, but not be limited to, the following: (a) failure to submit the plan in a timely manner; (b) failure to implement any element of the plan as approved unless otherwise authorized by the Administrator or the U.S. Coast Guard through the Unified Command; (c) operating without an approved plan; (d) failure to contract with an OSRO Rated by OSPR for booming, on-water recovery and storage, and shoreline protection services; or (e) failure to follow the direction or orders of the Administrator in connection with an oil spill, except as provided in Section 8670.27 of the Government Code. Note: Authority cited: Sections 8670.28, 8670.29, 8670.30 and 8670.57-8670.69.6, Government Code. Reference: Sections 8670.29, 8670.30, 8670.31 and 8670.57-8670.69.6, Government Code. s 817. Marine Facility Contingency Plans. s 817.01. Applicability. (a) Plans Oil spill contingency plans shall be prepared, submitted and used pursuant to the requirements of this subchapter for all marine facilities located in the marine waters (as defined in Section 815.05 of this subchapter) of California, or where a discharge of oil could reasonably be expected to impact the marine waters of California. (1) A facility will be considered to have potential impact on marine waters based on the geographical and locational aspects of the site. Such aspects shall include proximity to marine waters or adjoining shorelines, land contour, and local drainage patterns. The existence of dikes, equipment or other structures used to prevent a spill from reaching marine waters will not necessarily affect the determination of which facilities are required to submit a plan. (2) Contingency plans shall not be required of facilities located outside of the zone as measured from the mean high tide line to three nautical miles offshore. Any pipelines connecting such facilities to the shoreline, however, will be subject to the contingency planning requirements of this subchapter. (b) Exemptions/Evaluations (1) Owners/operators of platforms, with a reasonable worst case spill of less than 250 barrels, may apply for an exemption from the contingency plan requirements if the following conditions are met: (A) the platform has a plan approved by either the Minerals Management Service (MMS), or the California State Lands Commission (SLC); and (B) the MMS or SLC approved plan is submitted to the Administrator; and (C) the Administrator determines that adequate response capability is available to address a spill and provide for the best achievable protection of coastal and marine resources. (2) Any facility owner/operator may request a determination from the Administrator whether their facility meets the definition of marine facility, on the basis that a spill from the facility could not reasonably be expected to impact marine waters. (A) The request must be submitted to the Administrator at least 180 days prior to the beginning of operation of the marine facility, and must provide specific, technical justification for the request. (B) The Administrator shall inspect the facility to determine if a spill from the facility could potentially impact marine waters before the request may be approved. (C) The Administrator will review the request within 30 days of receiving the request. (D) If a decision is made that the facility meets the definition of marine facility, the facility owner/operator must submit a contingency plan within 90 days receipt of the decision. (E) If a spill from a facility does occur which impacts marine waters, and the facility had previously received an evaluation that it does not meet the definition of marine facility, the evaluation is automatically revoked and the facility has 90 days in which to meet the contingency plan and Certificate of Financial Responsibility (COFR) requirements of this subdivision. Note: Authority cited: Sections 8670.28, 8670.29 and 8670.30, Government Code. Reference: Sections 8670.28, 8670.29, 8670.30 and 8670.31, Government Code. s 817.02. Marine Facility Plan Content (Except for Those Small Marine Fueling Facilities Addressed in Section 817.03 of This Subchapter). To the degree the information required by Subsections 817.02(b) through (k) exists elsewhere, copies of the pre-existing information may be submitted. If the information provided is not sufficient to meet the requirements of this subchapter, additional information may be requested by the Administrator. (a) Introductory Material (1) Each plan shall provide the following information: (A) name and address of the marine facility, and mailing address if different. The name and address of the facility shall be referenced in the plan title or on a title page at the front of the plan; (B) name, address and phone number of the owner and/or operator of the marine facility; (C) name, address and phone number of the person to whom correspondence should be sent; (D) a certification statement signed under penalty of perjury by an executive within the plan holder's management who is authorized to fully implement the oil spill contingency plan, who shall review the plan for accuracy, feasibility, and executability. If this executive does not have training, knowledge and experience in the area of oil spill prevention and response, the certification statement must also be signed by another individual within the plan holder's management structure who has the requisite training, knowledge, and experience. The certification shall be submitted according to the following format; "I certify, to the best of my knowledge and belief, under penalty of perjury under the laws of the State of California, that the information contained in this contingency plan is true and correct and that the plan is both feasible and executable." __________(signature), (title), (date); (E) A copy of the California Certificate of Financial Responsibility (COFR) for the marine facility shall be included in the front of the plan. If the COFR is not available when the plan is submitted because the marine facility is not yet operational, a copy of the COFR must be provided as soon as it becomes available. The COFR must be provided before the plan can be approved. (2) Each plan shall identify a Qualified Individual, as defined in Chapter 1, Section 790 of this subdivision, and any alternates that may be necessary for the purpose of implementing the plan. If an alternate or alternates are identified in the plan, then the plan shall also describe the process by which responsibility will be transferred from the Qualified Individual to an alternate. During spill response activities, notification of such a transfer must be made to the State Incident Commander at the time it occurs. (3) Each plan shall provide the name, address, telephone number and facsimile number of an agent for service of process designated to receive legal documents on behalf of the plan holder. Such agent shall be located in California. (4) Each plan shall contain a copy of the contract or other approved means (as defined in Section 815.05(b) of this subchapter) verifying that any oil spill response organization(s) that are named in the plan will provide the requisite equipment and personnel in the event of an oil spill. This requirement can be met by a copy of the basic written agreement with an abstract of the recovery and/or cleanup capacities covered by the contract. Plan holders shall only contract with an OSRO(s) that has received a Rating by OSPR (as specified in Section 819 of this subchapter) for the booming, on-water recovery and storage, and shoreline protection services required. (b) Marine Facility Description (1) Each plan shall describe the marine facility's design and operations with specific attention to those areas from which an oil spill could occur. This description shall include, at a minimum, the following information: (A) a piping and instrumentation diagram, and a tank diagram including the location of pumps, valves, vents and lines; the number, and oil storage capacity of each structure covered under the plan and its age, design, construction and general condition; the range of oil products normally stored in each structure; the presence or absence of containment structures and equipment; and the location of mooring areas, oil transfer locations, control stations, safety equipment, drip pans and the drainage for drip pans; (B) a description of the types, physical properties, health and safety hazards, maximum storage or handling capacity and current normal daily throughput of oil handled. A material safety data sheet (MSDS) or equivalent will meet this requirement and can be maintained separately at the facility providing the plan identifies its location; (C) a description of the normal procedures for transferring oil from or to a pipeline, tanker, barge or other vessel, or storage tank, and the amount, frequency and duration of oil transfers; (D) the marine facility's normal hours of operation; and (E) for an exploration or production facility, a complete description of those sections of the oil or gas lease field, gathering lines, storage tanks and processing facilities, under the control of the owner/operator, a spill from which could reasonably be expected to impact the marine waters of California. (2) Each plan shall describe the marine facility site and surrounding area, including, where appropriate, the following information (note: where maps/diagrams are required they may be submitted (in addition to the original hard copy) on electronic media, in Portable Document Format (PDF)): (A) a map and description of site topography, including the drainage and diversion plans for the marine facility, such as sewers, storm drains, catchment, containment or diversion systems or basins, oil/water separators, and all watercourses into which surface runoff from the facility drains; (B) vicinity maps showing any vehicular or rail access to the marine facility, pipelines to and from the facility, nearby residential, commercial or other populous areas, and access to private land necessary to respond to a spill; (C) seasonal hydrographic and climatic conditions including wind speed and direction, air and water temperature, local tides, prevailing currents, and any local visibility problems; (D) physical geographic features, including ocean depths and local bathymetry; beach types and other geological conditions, including type of soil and terrain; operational conditions such as physical or navigation hazards, traffic patterns, permanent buoys, moorings and underwater structures or other site-specific factors; and any other physical feature that may affect spill response; (E) logistical resources within the geographic area covered by the plan, including facilities for fire services, medical services, and accommodations for spill response personnel; and (F) shoreline access area, including piers, docks, boat launches and equipment and personnel staging areas. (c) Prevention Measures Each plan shall address prevention measures in order to reduce the possibility of an oil spill occurring as a result of the operation of the marine facility. The prevention measures must eliminate or mitigate all the hazards identified in the Risk and Hazard Analysis. (1) Risk and Hazard Analysis (A) Each plan shall provide a history of the significant spills from the marine facility for either the 10 year period prior to the date of plan submittal, or from the date the facility became operational, whichever is shorter. As used in this section, a significant spill is one which had a deleterious impact on the local environment, or caused the physical layout of the facility or the facility's operations procedures to be modified. This information shall include: 1. a written description of sites, equipment or operations with a history of oil spills; 2. the cause and size of any historical spill. The causes to be considered shall include such factors as operator error, or a failure of the system or subsystem from which the spill occurred; 3. a brief summary of the impact of the spills; and 4. a description of the corrective actions taken in response to any and all spills included in the historical data. (B) Each marine facility shall conduct a Risk and Hazard Analysis to identify the hazards associated with the operation of the facility, including: operator error, the use of the facility by various types of vessels, equipment failure, and external events likely to cause an oil spill. The owner/operator may use one or more of the hazard evaluation methods identified by the American Institute of Chemical Engineers, or an equivalent method, including, but not limited to: 1. What-if analysis; 2. Checklist analysis; 3. Preliminary hazard analysis; 4. Hazard and operability study; 5. Failure mode and effect analysis; or 6. Fault tree analysis. (C) The chosen hazard evaluation method must be conducted in accordance with the guidelines established by the American Institute of Chemical Engineers as published in the "Guidelines for Hazard Evaluation Procedures", second edition, copyright 1992, prepared for The Center For Chemical Process Safety. 1. The plan must include information regarding the expertise of the working group that develops the analysis. 2. The plan must include information that demonstrates to the Administrator that the analysis is appropriate to the marine facility and adequate according to the published procedures referenced in (C) above. 3. An owner/operator may be found in violation of this section if the Risk and Hazard Analysis does not adequately address the risks posed by the marine facility. 4. The Administrator may require that an analysis be updated if there are significant changes made to the marine facility. A significant change, as used in this paragraph, is one that would have an impact on the outcome of the Risk and Hazard Analysis. 5. Additional information regarding the analysis method used or the working group that conducted the analysis shall be made available to the Administrator upon request. (D) Each plan shall include a summary of the results of the risk and hazard analysis. The summary shall include the following: 1. the hazard analysis method used, and a statement that the analysis is specific to the marine facility. If the analysis relies on a risk assessment at a similar facility, the summary shall specify how the two facilities are comparable; 2. an inventory of the hazards identified, including the hazards that resulted in the historical spills; 3. an analysis of the potential oil discharges, including the size, frequency, cause, duration and location of all significant spills from the marine facility as a result of each major type of hazard identified; 4. the control measures that will be used to mitigate or eliminate the hazards identified. The plan shall include timeframes for implementing any control measures that cannot be functional immediately; and 5. a prediction of the potential oil spills that might still be expected to occur after any mitigating controls have been implemented. (E) All supporting documentation used to develop the Risk and Hazard Analysis summary shall be made available to the Administrator upon request. (2) Off-Site Consequence Analysis For the significant hazards identified in the Risk and Hazard Analysis required under this section, the marine facility shall conduct a trajectory analysis to determine the Off-Site Consequences of an oil spill. This analysis shall assume pessimistic water and air dispersion and other adverse environmental conditions such that the worst possible dispersion of the oil into the air or onto the water will be considered. This analysis is intended to be used as the basis for determining the areas and shoreline types for which response strategies must be developed. Some of the information required in this subsection may be drawn from the appropriate Area Contingency Plans, completed by the Coast Guard, State Agencies, and Local Governments pursuant to the Oil Pollution Act of 1990. (Note: where maps/diagrams are required they may be submitted (in addition to the original hard copy) on electronic media, in Portable Document Format (PDF)). The analysis, which shall be summarized in the plan, shall include at least the following: (A) a trajectory, or series of trajectories (for pipelines, etc.), to determine the potential direction, rate of flow and time of travel of the reasonable worst case oil spill from the facility to marine waters and to the shorelines, including shallow-water environments, that may be impacted. For purposes of this requirement, a trajectory or trajectories (projected for a minimum of 72 hours) that determine the outer perimeter of a spill, based on regional extremes of climate, tides, currents and wind with consideration to seasonal differences, shall be sufficient; (B) for each probable shoreline that may be impacted, a discussion of the general toxicity effects and persistence of the discharge based on type of product; the effect of seasonal conditions on sensitivity of these areas; and an identification of which areas will be given priority attention if a spill occurs. (3) Resources at Risk from Oil Spills Based on the trajectory of the spilled oil as determined in the Off-Site Consequence Analysis, each plan shall identify the environmentally, economically and culturally sensitive areas that may be impacted. Each plan shall identify and provide a map of the locations of these areas. Some of the information required in this subsection may be drawn from the appropriate Area Contingency Plans, completed by the Coast Guard, State Agencies, and Local Governments pursuant to the Oil Pollution Act of 1990. (Note: where maps/diagrams are required they may be submitted (in addition to the original hard copy) on electronic media, in Portable Document Format (PDF)). (A) The map of environmentally sensitive areas shall include: 1. shoreline types and associated marine resources; 2. the presence of migratory and resident marine bird and mammal migration routes, and breeding, nursery, stopover, haul-out, and population concentration areas by season; 3. the presence of aquatic resources including marine fish, invertebrates, and plants including important spawning, migratory, nursery and foraging areas; 4. the presence of natural terrestrial animal and plant resources in marine-associated environments; 5. the presence of state or federally-listed rare, threatened or endangered species; 6. the presence of commercial and recreational fisheries including aquaculture sites, kelp leases and other harvest areas. (B) The map of the locations of economically and culturally sensitive areas shall include: 1. public beaches, parks, marinas, boat ramps and diving areas; 2. industrial and drinking water intakes, power plants, salt pond intakes, and other similarly situated underwater structures; 3. off-shore oil and gas leases and associated drilling/production platforms; 4. known historical and archaeological sites. If a plan holder has access to any confidential archaeological information, it must be submitted as a separate item and will be handled as confidential information as outlined in Subsection 816.01(d); 5. areas of cultural or economic significance to Native Americans; and 6. the major waterways and vessel traffic patterns that are likely to be impacted. (4) Required Prevention Measures Each marine facility shall take all prevention measures to reduce or mitigate the potential hazards identified in the Risk and Hazard Analysis, and the potential impact those hazards pose to the resources at risk. Each plan shall include the following: (A) schedules, methods and procedures for testing, maintaining and inspecting pipelines and other structures within or appurtenant to the marine facility that contain or handle oil which may impact marine waters if a failure occurs. Any information developed in compliance with Title 30 CFR, Part 250.153; Title 33 CFR, Part 154; Title 49 CFR, Part 195; and/or Title 5, Division 1, Part 1, Chapter 5.5, Sections 51010 through 51019.1 of the Government Code may be substituted for all or part of any comparable prevention measures required by this subsection. (B) methods to reduce spills during transfer and storage operations, including overfill prevention measures and immediate spill containment provisions. Any information developed in compliance with Title 2, CCR, Division 3, Chapter 1, Article 5, Sections 2300-2407; Title 30 CFR, Part 250.154; and/or Title 33 CFR, Parts 154 and 156 may be substituted for all or part of any comparable prevention measures required by this subsection. (C) procedures to assure clear communication among all the parties involved during transfer operations. Any information developed in compliance with Title 2, CCR, Division 3, Chapter 1, Article 5; Title 14, CCR, Division 1, Subdivision 4, Chapter 3, Subchapter 6; and/or Title 33 CFR, Parts 154 and 156 may be substituted for all or part of any comparable prevention measures required by this subsection; (D) protection measures for areas within the marine facility that are subject to flooding; (E) the plan holder shall provide additional relevant information to the Administrator upon request. (5) Other Prevention Measures Each plan shall also identify and include a summary of those prevention measures required by other Federal, State or local agencies or which are currently in place and being utilized by marine facility personnel. The list of existing prevention measures shall include, but not be limited to, the following: (A) a description of any "risk reduction incentive programs" in place at the marine facility. A risk reduction incentive program is one designed to reduce factors leading to technical and human error, such as programs that reward accident-free periods in the workplace; (B) a description of leak detection and spill prevention safety and alarm systems, devices, equipment or procedures; (C) a description of automatic controls that can be operated remotely or pre-programmed to control normal processes, safety shutdown and emergency shutdown; (D) a description of the alcohol and drug testing programs for key personnel; (E) any additional prevention measures taken or contemplated to minimize the possibility of oil spills; (F) a description of any fencing, locks, lighting and other security or surveillance measures necessary to reduce vandalism, sabotage, or unauthorized entries. (G) The plan holder shall provide additional relevant information to the Administrator upon request. (d) On-Water Containment and Recovery Each plan must provide for the on-water containment and recovery of all potential oil spills from the marine facility. To determine the amount of containment and recovery capability that must be available, each facility must calculate a Response Planning Volume as outlined below: (1) Reasonable Worst Case Spill To calculate the response planning volume, it is first necessary to determine the reasonable worst case spill for each marine facility, as follows: (A) For marine facilities (except on-shore pipelines (not subject to Chapter 6.67 (commencing with Section 25270) or Chapter 6.7 (commencing with Section 25280) of Division 20, Health and Safety Code) which are addressed in Subsection (B), offshore platforms which are addressed in Subsections (C) and (D), and offshore pipelines which are addressed in Subsection (E): 1. the loss of the entire capacity of all in-line, break-out and portable storage tank(s), not subject to Chapter 6.67 (commencing with Section 25270) or Chapter 6.7 (commencing with Section 25280) of Division 20, Health and Safety Code, needed for the continuous operation of the pipelines used for the purposes of handling or transporting oil, taking into account the existence of volume limiting factors including, but not limited to, line pressure, gravity, and the availability and location of the emergency shut-off controls; plus 2. the amount of additional spillage that could reasonably be expected to enter California marine waters during emergency shut-off, transfer or pumping operations if a hose(s) or pipeline(s) ruptures or becomes disconnected, or if some other incident occurs which could cause or increase the size of an oil spill. The spillage shall be calculated as follows: the maximum time to discover the release from the pipe or hose in hours, plus the maximum time to shut down flow from the pipe or hose in hours (based on historic discharge data or the best estimate in absence of historic discharge data for the marine facility) multiplied by the maximum flow rate expressed in barrels per hour (based on the maximum relief valve setting or maximum system pressure when relief valves are not provided) plus the total linefill drainage volume expressed in barrels. 3. The Administrator has the discretion to accept that a marine facility can operate only a limited number of the total pipelines at a time. In those circumstances, the reasonable worst case spill volume shall include the drainage volume from the piping normally not in use, in addition to the volume determined in (1) and (2), above. (B) For on-shore pipelines not subject to Chapter 6.67 (commencing with Section 25270) or Chapter 6..7 (commencing with Section 25280) of Division 20, Health and Safety Code, the largest volume in barrels, of the following: 1. The pipeline's maximum release time in hours (i.e., the time between pipeline rupture and discovery), plus the maximum shut-down response time in hours (based on historic discharge data or in the absence of such historic data, the operator's best estimate), multiplied by the maximum flow rate expressed in barrels per hour (based on the maximum daily capacity of the pipeline), plus the largest line drainage volume after shutdown of the line section(s) in the response zone expressed in barrels. (As used in this subsection: line section means a continuous run of pipe that is contained between adjacent pressure pump stations, between a pressure pump station and a terminal or break-out tank, between a pressures pump station and a block valve, or between adjacent block valves; response zone means a geographic area either along a length of pipeline or including multiple pipelines, containing one or more adjacent line sections, for which the operator must plan for the deployment of, and provide spill response capabilities. The size of the zone is determined by the operator after considering available capabilities, resources, and geographic characteristics); or 2. The largest foreseeable discharge for the line section(s) within a response zone, expressed in barrels, based on the maximum historic discharge, if one exists, adjusted for any subsequent corrective or preventive action taken; or 3. If the response zone contains one or more break-out tanks, the capacity of the single largest tank or battery of tanks within a single secondary containment system, adjusted for the capacity or size of the secondary containment system, expressed in barrels. (C) For offshore platforms (except those drilling a new well which are addressed in Subsection (D)): 1. total tank storage and flow line capacity; plus 2. that portion of the total linefill capacity which could be lost during a spill, taking into account the availability and location of the emergency shut-off controls and the effect of hydrostatic pressure; plus 3. the amount of additional spillage that could reasonably be expected to enter marine waters during emergency shut-off, transfer or pumping operations if a hose or pipeline ruptures or becomes disconnected, or some other incident occurs which could cause or increase the size of an oil spill. The calculation may take into consideration other safety devices, emergency reaction times and maximum transfer rates; plus 4. the daily production volume for seven days from an uncontrolled blowout of the highest capacity well associated with the marine facility. In determining the daily discharge rate, the reservoir characteristics, casing/production tubing sizes, and historical production and reservoir pressure data shall be taken into consideration. (D) For offshore platforms with active well drilling: The owner/operator of a platform at which a new well is being drilled must submit a proposed reasonable worst case oil spill calculation for platform operations to the Administrator. The proposed worst case discharge is the daily volume possible for seven days from an uncontrolled blowout taking into consideration any known reservoir characteristics. The proposed calculation will be reviewed by the Administrator during the plan review and approval process to determine if it adequately addresses the oil spill potential of the new well system. (E) For offshore pipelines, the largest volume in barrels of the following calculation: 1. The pipeline system leak detection time, plus the shutdown response time, multiplied by the highest measured oil flow rate over the preceding 12-month period. For new pipelines, use the predicted oil flow rate. Add to this calculation the total volume of oil that would leak from the pipeline after it is shut in. This volume should be calculated by taking into account the effects of hydrostatic pressure, gravity, frictional wall forces, length of pipeline segment, tie-ins with other pipelines, and other factors. (F) The calculations, and such parameters as flow rates, linefill capacities and emergency shutoff times, that are used to determine a marine facility's reasonable worst case spill shall be submitted as part of the plan. The Administrator may review and test these parameters as part of the drill conducted in accordance with Subsection 816.03(b). (2) Persistence and Emulsification Factors (A) The reasonable worst case spill volume is then multiplied by a persistence factor relative to the most persistent type of oil that may be spilled. The persistence factors relative to the type of oil spilled, are specified below: ---------------------------------------------------- ---------------------------------------------------- Oil Group Group 1 Group 2 Group 3 Group 4 ---------------------------------------------------- On-Water Volumes .20 .50 .50 .50 ---------------------------------------------------- ---------------------------------------------------- (B) Emulsification Factors The volume determined from the calculation in Subparagraph (A) is then multiplied by one of the following emulsification factors, again, based on the type of oil. -------------------------------------------------- -------------------------------------------------- Oil Group Group 1 Group 2 Group 3 Group 4 -------------------------------------------------- Emulsification 1.0 1.8 2.0 1.4 -------------------------------------------------- -------------------------------------------------- (C) Response Planning Volume The total determined by the above calculation is a Response Planning Volume. 1. The Response Planning Volume to be used to determine the amount of Response Equipment and Services that must be under contract shall be the greater of the amount determined in Subsection 817.02(d)(1) and (2) , or the Planning Volume for On-water Recovery calculated for the nearshore/inland environment in the marine facility's federal response plan pursuant to 33 CFR Part 154, Appendix C, Section 7. The Planning Volume for On-Water Recovery is the adjusted volume from the federal calculation determined prior to establishing the response tiers utilizing the mobilization factors. 2. All calculations used to determine the Response Planning Volume shall be included in the plan. (3) Response Capability Standards The equipment and personnel necessary to address the Response Planning Volume is brought to the scene of the spill over a period of time. The timeframes are dependent upon the risk zone in which the marine facility is located and are specified in the tables in this section. The standards set forth in this section are only planning standards and may not reflect the exigencies of actual spill response. However, these are the standards that must be used to determine the amount of equipment and personnel that must be under contract. Equipment in addition to that under contract must be identified, and a call-out procedure in place to access this equipment, if the marine facility has a spill that exceeds these planning standards. The owner/operator is ultimately responsible for addressing the entire volume of an actual spill regardless of the planning standards. (A) Total Equipment Required 1. The total amount of on-water containment and recovery equipment and services required shall be the lesser of the amount necessary to address the Response Planning Volume determined in Section 817.02(d)(2)(C) or the Daily Recovery Rate established by this Section at 817.02(d)(3)(B). 2. The amount of equipment and the timeframes for delivery are specified in Subsection 817.02(d)(3)(B). The barrels per day capability figure is the total amount of on-water recovery equipment that must be at the scene of the spill at the hour specified which is measured from the time of notification, as described in this subchapter. All on-water recovery equipment must be capable of being deployed and operable within one hour of arrival at the scene of the spill but no later than the designated timeframe for each risk zone. 3. The timeframes for equipment delivery and deployment as specified in this subsection do not take into account the time required to conduct a health and safety assessment of the site as set forth in Subsection 817.02(f)(9), and as required by the California Occupational and Safety Administration. In addition, these timeframes do not account for delays that may occur due to weather or seastate. The actual time necessary to deliver and deploy equipment will be assessed at the time of an incident or a drill and will take into account the prevailing conditions of weather and seastate, as well as the site assessment requirements. (B) Daily Recovery Rate 1. Facilities located in High-Volume Ports ------------------------------------------ ------------------------------------------ DELIVERY 6 24 36 60 TIME (HRS) ------------------------------------------ BBLS/DAY 23,437 31,250 46,875 78,125 CAPABILITY ------------------------------------------ ------------------------------------------ i. in addition, the facility/transfer points within the High Volume Ports must have 3,125 barrels/day, or 10% of the reasonable worst case spill volume, whichever is less, of on-water recovery capability that can be mobilized and on-scene within two hours of notification; ii. if a facility/transfer point within a High Volume Port maintains and can immediately deploy containment equipment for a 3,125 barrel spill, or 10% of the reasonable worst case spill volume, whichever is less, the initial on-water recovery capability can be on-scene within three hours rather than two hours. 2. Facility/Transfer Areas and the Santa Barbara Channel Area ---------------------------------- ---------------------------------- DELIVERY 12 36 60 TIME (HRS) ---------------------------------- BBLS/DAY 19,531 35,156 66,406 CAPABILITY ---------------------------------- ---------------------------------- i. in addition, facility/transfer points within a Facility/Transfer Area and the Santa Barbara Channel Area must have 3,125 barrels/day, or 10% of the reasonable worst case spill volume, whichever is less, of on-water recovery capability that can be mobilized and on-scene within 2 hours of notification; ii. if a facility/transfer point within a Facility/Transfer Area or the Santa Barbara Channel Area maintains and can immediately deploy containment equipment for a 3,125 barrel spill, or 10% of the reasonable worst case spill volume, whichever is less, the initial on-water recovery capability can be on-scene within three hours rather than two hours; iii. for those points where transfers occur infrequently, and where there is not permanent equipment present, the 3,125 barrel/day, or 10% of the reasonable worst case spill volume, whichever is less, on-water recovery capability shall be brought to the site at the time of transfer; iv. for infrequent transfers of non-persistent oil, the initial response requirement may be waived by application to the Administrator. The application for waiver must include a justification based on such factors as the location of the marine facility, proximity to response equipment, additional equipment in the immediate area, and the relative environmental sensitivity of the potential spill sites. (C) Sufficient containment equipment shall be brought to the scene of the spill to address the daily recovery rates as designated in Section 817.02(d)(3)(B). (D) The standards set forth in Subsection 817.02(d)(3)(B) were increased by a factor of 25% on July 1, 1997. It was determined that this increase was feasible and necessary to meet the best achievable protection of the coast. (E) The standards set forth in Subsection 817.02(d)(3)(B) will be increased by a factor of 25% effective July 1, 2001 and again July 1, 2005 if it can be demonstrated that these increases are feasible and necessary in order to meet the best achievable protection of the coast. Prior to any such increase, the Administrator will conduct a review and hold a hearing as outlined below: 1. The Administrator shall conduct a review of the scheduled increase before the increase shall become effective. Results of this review shall be available in January of the year the increase would become effective. 2. Review of the standards shall include analysis of technological improvements, such as but not be limited to: equipment efficiency and design improvements; improved spill tracking capability; approved dispersants; bioremediation; and other prevention and response measures. 3. The Administrator shall conduct a public hearing prior to confirming the new standards to solicit input regarding the necessity of the proposed increase and any credits that may be allowed. (F) Transfer Operations Each plan holder shall own or have under contract the equipment, and shall have the personnel and procedures sufficient to contain a 50 barrel spill. These response resources shall be present on-site during all vessel transfer operations and deployable immediately in the event of an oil spill. (4) Non-Cascadable Equipment Each plan shall nominate a certain amount of the recovery equipment identified in Section 817.02(d)(3) as non-cascadable, which may not be moved outside of the risk zone in which the marine facility is located. Non-cascadable equipment may not be moved in response to a spill outside of the risk zone without approval of the Administrator or the Federal On-Scene Coordinator (FOSC) through the Unified Command. During the Coastal Protection Review, the Administrator shall determine which among the nominated equipment shall be designated as non- cascadable equipment for each zone. The final determination may not include equipment nominated from each plan. A contingency plan is not made invalid by the movement of non-cascadable equipment if such movement has been approved by the Administrator or the FOSC. The amount of recovery equipment that is non-cascadable is dependent upon the risk zone in which the marine facility is located. The total amount required will be the lesser of the amount necessary to address the Response Planning Volume, or the amount specified as follows: (A) High Volume Ports and the Santa Barbara Channel Area: 10,000 barrels per day of recovery capability that can be mobilized within 2 hours of notification and on-scene within 12 hours. (B) Facility/Transfer Areas: 2,500 barrels per day of recovery capability that can be mobilized within two hours and on-scene within 12 hours. (5) On-Water Response Equipment and Services (A) Each plan shall demonstrate that the marine facility has under contract, or other approved means (as defined in Section 815.05(b) of this subchapter), access to all the necessary equipment and services to comply with the Response Capability Standards established in Subsection 817.02(d)(3). The amount of response equipment required shall take into account the derated capacity (as defined in Chapter 1, Section 790 of this subdivision) of the equipment. (B) The equipment identified for a specific area must be appropriate for use in that area given the limitations of the geography, bathymetry, water depths, tides, currents and other local environmental conditions. For those areas that require shallow-water response capability (refer to the relevant Area Contingency Plan), the plan shall provide for an adequate number of shallow-draft vessels (as defined in Section 815.05 of this subchapter) and for adequate booming and other shoreline protective resources to be under contract and available to provide shoreline protection of all sensitive sites identified in the trajectory analysis conducted as part of the Off-site Consequence Analysis. Additionally, the equipment identified shall also be appropriate for use on the type of oil identified. The following information must be provided: 1. the location, inventory and ownership of the equipment to be used to fulfill the response requirements of this subchapter; 2. a complete inventory of any nonmechanical response equipment and supplies, including the type and toxicity of each chemical agent, with procedures for storage and maintenance; 3. the type and capacity of storage and transfer equipment matched to the skimming capacity of the recovery systems; 4. the manufacturer's rated capacities and the operational characteristics for each major item of oil recovery equipment; 5. the derated capacity (as defined in Chapter 1, Section 790 of this subdivision) for each major piece of on-water recovery equipment listed, as well as the derated capacity for the skimming systems as a whole. i. A request may be submitted to the Administrator to review the derated capacity for a piece of equipment if it can be shown that the equipment has a different capacity than the derating factor allows. ii. The Administrator's decision regarding a change in the derated capacity for a piece of equipment will be issued as soon as administratively feasible. 6. vessels designated for oil recovery operations, including skimmer vessels and vessels designed to tow and deploy boom, and availability of shallow-draft vessels; 7. vessels of opportunity reasonably available for oil spill recovery operations, including availability of shallow-draft vessels, procedures to equip the vessels, inventory all equipment, and train personnel; 8. pumping and transfer equipment for transferring oil from damaged structures, or from undamaged structures which might be at risk of discharging additional oil; 9. procedures for storage, maintenance, inspection and testing of spill response equipment under the immediate control of the operator; 10. sufficient equipment to track the movement of discharged oil, including aerial surveillance sufficient to direct skimming operations. (C) Each plan shall describe the personnel available to respond to an oil spill, including: 1. a list by job category including a job description for each type of spill response position needed as indicated in the spill response organization scheme; 2. a match between personnel by job category, and the equipment proposed for use (including equipment appropriate for shallow-water environments), including the plan for mobilization of such personnel; 3. sufficient personnel to maintain a response effort of at least 14 days. (D) A list of the marine facility's spill management personnel and their spill response qualifications including a discussion of spill response training and experience, regulatory awareness and compliance, and supervision. (E) Each plan shall describe procedures for the transport of required equipment, personnel and other resources to the spill site. The description shall include plans for alternative procedures during adverse environmental conditions. Adverse environmental conditions to be considered shall include: 1. adverse weather; 2. sea states, tides, winds and currents; 3. presence of debris or other obstacles; and 4. any other known environmental condition that could restrict response efforts. (F) Any equipment and personnel identified in the plan must be available for response. Any necessary maintenance for the equipment, vacation periods for response personnel, or other eventuality must be taken into account in relying upon these resources. 1. The equipment owner must notify the Administrator when major equipment is removed from service for a period of 24 hours or more for maintenance or repair. Major equipment is that which, if removed, would affect timely implementation of the plan. Notification must be made prior to removing equipment for regularly scheduled maintenance, and within 24 hours of removing equipment for unscheduled repairs. 2. The equipment owner must demonstrate that backup equipment is available during the time that the primary response equipment is out of service. Backup equipment may be provided from the owner's own inventory, or may be made available from another responder. 3. A plan shall remain valid during the time that equipment has been removed from service for maintenance or repair if the Administrator has approved such movement. (G) Group 5 Oils Marine facilities that handle Group 5 oils must provide information on response procedures and identify response equipment and resources to address the marine facility's reasonable worst case spill. Such equipment shall include, but is not limited to the following: 1. sonar, sampling equipment, or other methods for locating the oil on the bottom or suspended in the water column; 2. containment boom, sorbent boom, silt curtains, or other methods to reduce spreading on the bottom; 3. dredges, pumps, or other equipment necessary to recover oil from the bottom; 4. equipment necessary to assess the impact of such discharges; and 5. any other appropriate equipment necessary to respond to a discharge involving a Group 5 oil. (6) On-Water Response and Recovery Strategies Utilizing the equipment that must be under contract, each plan shall describe methods to contain spilled oil and remove it from the environment. The equipment identified for a specific area must be appropriate for use in that area given the limitations of the bathymetry, geomorphology, shoreline types and other local environmental conditions. Additionally, the equipment identified shall be appropriate for use on the type of oil identified. The description shall include: (A) methods for on-water containment and removal of oil in open-water environments; (B) methods for adapting on-water containment and removal strategies in order to address the spill as it moves to the close-to-shore environment. This description shall include, where appropriate, methods for carrying out response operations and protection strategies in shallow-water environments, as identified in the trajectory analysis conducted as part of the Off-site Consequence Analysis. (C) The plan holder may propose the use of dispersants, in-situ burning, coagulants, bioremediants, or other chemical agents or non-mechanical methods for response operations. The use of any non-mechanical method for response must be done in accordance with provisions of the State Marine Oil Spill Contingency Plan, the National Oil & Hazardous Substances Pollution Contingency Plan, the applicable federal Area Contingency Plan and all applicable State laws and regulations. If a non-mechanical method of response is proposed, the plan shall include: 1. methods of deployment or application; 2. a description of the specific mechanisms in place to assess the environmental consequences of the chemical agent. This shall include the mechanism for continuous monitoring of environmental effects for the first three days after initial application, and periodic monitoring thereafter until the agent is inert or no longer operative; 3. identification of all permits, approvals or authorizations needed to allow the use of chemical agents or non-mechanical methods, and the timeline for obtaining them; 4. a plan for protecting resources at risk, areas of public concern and the public from any adverse effects of the chemical agents used; 5. the projected efficacy of each type of non-mechanical method proposed for use taking into account the type of spilled material and the projected environmental conditions of the potential spill site; and 6. upon request, the plan holder shall provide any test results known to the plan holder which assess the environmental impacts of applying these agents in the marine environment. (D) methods for tracking the movement of the discharged oil; and (E) the location of the weather stations to be used for observations of winds, currents and other data at the time of a spill that may assist in making real-time projections of spill movement. (e) Shoreline Protection and Clean-up Each plan must provide for shoreline protection and cleanup of all potential spills from the marine facility. The protection strategies and the amount of equipment necessary are outlined below: (1) Shoreline Response Planning Volume Each plan shall demonstrate that the marine facility has access to all necessary equipment and services to address the response strategies appropriate to each shoreline that could potentially be impacted by a spill from the facility. To determine the amount of equipment and services necessary a Response Planning Volume must be calculated as outlined below: (A) Multiply the reasonable worst case spill for the marine facility, as calculated in Subsection 817.02(d)(1), by the appropriate persistence factor from the chart below for the most persistent type of oil that may be spilled: -------------------------------------------------- -------------------------------------------------- Oil Group Group 1 Group 2 Group 3 Group 4 -------------------------------------------------- Cleanup Volume .10 .30 .50 .70 -------------------------------------------------- -------------------------------------------------- (B) Emulsification Factors The volume determined from the calculation above is then multiplied by one of the following emulsification factors, again, based on the type of oil: -------------------------------------------------- -------------------------------------------------- Oil Group Group 1 Group 2 Group 3 Group 4 -------------------------------------------------- Emulsification 1.0 1.8 2.0 1.4 -------------------------------------------------- -------------------------------------------------- (C) Total Shoreline Equipment Required The total determined by this calculation is a Response Planning Volume. 1. The Response Planning Volume to be used to determine the amount of Response Equipment and Services that must be under contract shall be the greater of the amount determined in Subsection 817.02(e)(1), or the adjusted Planning Volume for onshore recovery calculated for the nearshore/inland environment in the facility's federal response plan pursuant to 33 CFR Part 154., Appendix C, Section 7. 2. All calculations used to determine the Response Planning Volume shall be included in the plan. (2) Shoreline Protection Equipment and Services Each plan must identify, and ensure availability through a contract or other approved means (as defined in Section 815.05(b) of this subchapter), an oil spill response organization capable of effecting shoreline protection strategies. Such protection strategies must be commensurate with the Response Planning Volume calculated for potential shoreline impact, and must be capable of addressing all appropriate protection, response and clean-up strategies. The specific areas where equipment and services must be available for use shall be identified in the Off-Site Consequence Analysis. (A) The equipment identified for a specific area must be appropriate for use in that area given the limitations of the bathymetry, geomorphology, shoreline types and other local environmental conditions. Additionally, the equipment identified shall be appropriate for use on the type of oil identified. The following information must be provided: 1. the amounts of all protective booming, shallow-draft vessels, and shoreline clean-up equipment necessary to address the specific types of shorelines that may be impacted; 2. the location, inventory and ownership of the equipment to be used to fulfill the response requirements; 3. the procedures for storage, maintenance, inspection and testing of spill response equipment under the immediate control of the operator. (B) Each plan shall describe the personnel available to respond to an oil spill, including: 1. a list by job category including a job description for each type of spill response position needed as indicated in the spill response organization scheme; 2. a match between personnel, by job category and the equipment proposed for use (including equipment appropriate for shallow-water environments), including the plan for mobilization of such personnel; 3. sufficient personnel to maintain a response effort of at least 14 days. (C) Any equipment and personnel identified to meet the planning standard requirements must be available for response. Any necessary maintenance for the equipment, vacation periods for response personnel, or other eventuality must be taken into account in relying upon these resources. 1. The equipment owner must notify the Administrator when major equipment is removed from service for a period of 24 hours or more for maintenance or repair, if such movement would affect timely implementation of the plan. Notification must be made prior to removing equipment for regularly scheduled maintenance, and within 24 hours of removing equipment for unscheduled repairs. 2. The equipment owner must demonstrate that backup equipment is available during the time that the primary response equipment is out of service. (3) (Reserved) (4) Shoreline Protection and Clean-Up Strategies (A) Utilizing the equipment that must be under contract, each plan shall describe the methods that will be used to contain spilled oil and remove it from the environment. The equipment identified for a specific area must be appropriate for use in that area given the limitations of the bathymetry, geomorphology, shoreline types and other local environmental conditions. Additionally, the equipment identified shall be appropriate for use on the type of oil identified. The description shall include: 1. all shoreline protection procedures and oil diversion and pooling procedures for the close-to-shore environment. These procedures shall include, where appropriate, methods for carrying out response operations and clean-up strategies in shallow-water environments, as identified in the trajectory analysis conducted as part of the Off-site Consequence Analysis; 2. methods for shoreside cleanup, including containment and removal of surface oil, subsurface oil and oiled debris and vegetation from all applicable shorelines, adjacent land and beach types. 3. measures to be taken to minimize damage to the environment from land operations during a spill response, such as impacts to sensitive shoreline habitat caused by heavy machinery or foot traffic. (B) Protection, response and clean-up strategies will be specific to the type of oil spilled, the expected spill sites as identified in the Off-Site Consequence Analysis, and the resources at risk at those spill sites. (C) Each plan must utilize all the strategies appropriate to the potential impact sites. (f) Response Procedures (1) Each plan shall describe the organization of the marine facility's spill response system and management team. An organizational diagram depicting the chain of command shall also be included. Additionally, the plan shall describe the method to be used to interface the plan holder's organization into the State Incident Command System and/or the Unified Command Structure as required by Title 8, California Code of Regulations, Subsection 5192(p)(8)(D)(2). (A) The plan holder may utilize the procedures outlined in the appropriate Area Contingency Plan as a reference when describing how the marine facility's chain of command will interface with the State Incident Command System which utilizes the Unified Command Structure. (B) Each plan shall describe the organization of the plan holder's public information office, as it relates to an oil spill incident, and the method by which the Information Officer will be integrated into the State Incident Command System. (C) Each plan shall describe the plan holder's safety program as it relates to an oil spill incident and the method by which their Safety Office will be integrated into the State Incident Command System. (2) Each plan shall describe the process to establish sites needed for spill response operations, including location or location criteria for: (A) a central command post sufficient to accommodate the State Incident Command or Unified Command as well as the plan holder's response organization; (B) a central communications post if located away from the command post; (C) equipment and personnel staging areas. (3) Each plan shall include a checklist, flowchart or decision tree depicting the procession of each major stage of spill response operations from spill discovery to completion of cleanup. The checklist, flowchart or decision tree shall describe the general order and priority in which key spill response activities are performed. (4) Each plan shall describe how the plan holder will provide emergency services before the arrival of local, state or federal authorities on the scene, including: (A) procedures to control fires and explosions, and to rescue people or property threatened by fire or explosion; (B) procedures for emergency medical treatment and first aid; (C) procedures to control ground, marine and air traffic which may interfere with spill response operations; (D) procedures to manage access to the spill response site and the designation of exclusion, decontamination and safe zones; and (E) procedures to provide the required personnel protective gear for responders. (5) Each plan shall describe equipment and procedures to be used by marine facility personnel to minimize the magnitude of a spill and minimize structural damage which may increase the quantity of oil spilled. (A) Spill mitigation procedures shall include immediate containment strategies, methods to stop the spill at the source, methods to slow or stop leaks, and methods to achieve immediate emergency shutdown. (B) For spill mitigation procedures the plan shall include prioritized procedures for marine facility personnel including specific procedures to shut down affected operations. Responsibilities of facility personnel should be identified by job title. A copy of these procedures should be maintained at the facility operations center. These procedures should address the following equipment and scenarios: 1. failure of manifold and mechanical loading arm, other transfer equipment, or hoses, as appropriate; 2. tank overfill; 3. tank failure; 4. pipe rupture; 5. pipe leak, both under pressure and not under pressure, if applicable; 6. explosion and/or fire; and 7. other equipment failure (e.g. pumping system failure, relief valve failure, etc.). (6) Each plan shall detail the lines of communications between the responsible party, the Qualified Individual and the on-scene commanders, response teams, and local, state, and federal emergency and disaster responders, including: (A) communication procedures; (B) the communication function (e.g., ground-to-air) assigned to each channel or frequency used; (C) the maximum broadcast range for each channel or frequency used; and (D) redundant and back-up systems. (7) Each plan shall provide for post-spill review, including methods to review both the effectiveness of the plan and the need for plan amendments. (A) The result of the review shall be forwarded to the Administrator within 90 days following the completion of response and cleanup procedures. (B) The review shall be used by the Administrator only for the purposes of proposing future amendments to the contingency plan. (8) Each plan shall describe the procedures to manage access to the spill response site, the designation of exclusion, decontamination and safe zones, and the decontamination of equipment and personnel during and after oil spill response operations, as required by the California Occupational Safety and Health Administration. (9) Prior to beginning spill response operations and/or clean up activities, a Site Safety Plan must be completed. Each plan shall include information as required pursuant to Title 8, Section 5192(b)(4)(B) of the California Code of Regulations including, but not limited to, a written respiratory protection program, written personal protective equipment program, written health and safety training program, written confined space program and permit forms, direct reading instrument calibration logs, and written exposure monitoring program. (g) Notification Procedures (1) Each plan shall include a list of contacts to call in the event of a drill, threatened discharge of oil, or discharge of oil. The plan shall: (A) detail the procedures for reporting oil spills to all appropriate local, state, and federal agencies; (B) identify a central reporting office or individual who is responsible for initiating the notification process and is available on a 24-hour basis. The following information must be provided: 1. the individual or office to be contacted; 2. telephone number or other means of contact for any time of the day; and 3. an alternate contact in the event the individual is unavailable. (C) establish a clear order of priority for notification. (2) Immediate Notification Nothing in this section shall be construed as requiring notification before response. (A) Each plan shall include a procedure for contacting the primary OSRO, or other initial response resources if an OSRO is not being used, within 30 minutes of the discovery of a discharge of oil or threatened discharge of oil. (B) Each plan shall include a procedure that ensures that the owner/operator or his/her designee will initiate contact with the Qualified Individual, the California Office of Emergency Services and the National Response Center immediately, but no longer than 30 minutes, after discovery of a discharge of oil or threatened discharge of oil. (C) All phone numbers necessary to complete the immediate notification procedures must be included in the response manual. (3) Each plan shall identify a call-out procedure to acquire the resources necessary to address spills that cannot be addressed by the equipment that the owner/operator is required to have under contract. Procedures must allow for initiation of the call-out within 24 hours of the incident and must begin as soon as a determination has been made that additional resources are necessary. (4) Each plan shall provide a checklist of the information to be reported in the notification procedures, including but not limited to: (A) marine facility name and location; (B) date and time of the incident; (C) the cause and location of the spill; (D) an estimate of the volume of oil spilled and the volume at immediate risk of spillage; (E) the type of oil spilled, and any inhalation hazards or explosive vapor hazards, if known; (F) the size and appearance of the slick; (G) prevailing weather and sea conditions; (H) actions taken or planned by personnel on scene; (I) current condition of the marine facility; (J) injuries and fatalities; and (K) any other information as appropriate. (5) Reporting of a spill as required by Subsection 817.02(g)(2) shall not be delayed solely to gather all the information required by Subsection 817.02(g)(4). (6) An updated estimate of the volume of oil spilled and the volume at immediate risk of spillage shall be reported to the California Governor's Office of Emergency Services whenever a significant change in the amount reported occurs, but not less than every 12 hours within the first 48 hours of response. The State Incident Commander and/or the Federal On-Scene Coordinator through the Unified Command shall have the option of increasing or decreasing this timeframe, as needed. Updated spill volume information included in the Incident Action Plan developed through the Unified Command will meet the requirements of this subsection. (h) Temporary Storage and Waste Management (1) Each plan shall identify sufficient temporary storage for all recovered oil or all oily waste, and identify facilities that would be able to accept the recovered oil or oily waste for recycling or other means of waste management. Sufficient storage shall be no less than two times the calculated Response Planning Volume up to the Daily Recovery Rate as determined in Section 817.02(d)(3)(B). (A) To meet the temporary storage requirement described in Subsection (1) above, the following amounts of storage shall be dedicated response resources (as defined in Section 815.05(c) of this subchapter) or OSRO-owned and controlled response resources (as defined in Section 815.05(k) of this subchapter), as applicable to the appropriate risk zone: Sufficient storage to support the skimming systems shall be brought to the scene of the spill during the first four hours of response: 520 barrels of storage, or 20% of the reasonable worst case oil spill volume, whichever is less, shall be brought to the scene of the spill within four hours of notification of a spill; 12,000 barrels, or two times the reasonable worst case oil spill volume, whichever is less, shall be available at the scene of the spill within 6 hours of notification of a spill. The balance of the temporary storage requirement described in Subsection (1) above may be provided by non-dedicated storage resources. All skimming systems operating at the scene of a spill shall have adequate storage. (2) Each plan shall identify the party that shall maintain responsibility for recovered oil and oily waste for the purposes of temporary storage. (3) Each plan shall describe site criteria and methods used for temporary storage of recovered oil and oily wastes generated during response and cleanup operations, including sites available within the marine facility, or near the spill area. (4) Each plan shall identify all applicable permits, and all federal, state and local agencies responsible for issuing those permits for transit, temporary storage and ultimate waste management of all wastes likely to result from an oil spill. (5) Each plan shall include information which could expedite the state approval process for the use of temporary waste storage sites, including a list of appropriate contacts and a description of procedures to be followed for each approval process. (i) Oiled Wildlife Care Requirements Each plan shall describe how oiled wildlife care will be provided by one of the following approved means: (1) Utilize the California Oiled Wildlife Care Network (OWCN) to meet oiled wildlife care requirements; or (2) describe procedures that clearly outline how oiled wildlife care will be provided. The equipment, facilities, and personnel necessary to implement these procedures must be identified and assured by contract for each Geographic Area covered by the plan. Standards for wildlife care must comply with all applicable State and federal laws. (j) Training (1) Each plan shall provide that all appropriate personnel employed by the marine facility shall receive training in the use and operation of oil spill response and clean-up equipment. The plan shall describe: (A) the type and frequency of training that each individual in a spill response position receives to achieve the level of qualification demanded by their job description; (B) the procedures, if any, to train and use volunteers or other additional personnel in spill response operations as necessary for the size of the spill. (2) Each plan shall describe the type and frequency of personnel training on methods to reduce operational risks. The description of the training shall include, if applicable, the following: (A) any established training objectives that address potential spill sources and causes that were identified in the Risk and Hazard Analysis. (B) the means of achieving any established training objectives, such as: 1. training programs for the positions involved with the various aspects of the marine facility's operation that could result in a spill (e.g., position responsible for facility inspections or transfers); 2. a training schedule, including adequate frequency, (e.g., initial training upon hire and annual refresher training) and type of training (workshops, classroom, videotape, on-the-job training, etc.) for each position trained, by job classification; (C) any licenses, certifications or other prerequisites required to hold particular jobs. (D) A plan holder whose facility is subject to and in compliance with State Lands Commission training regulations; Title 2, Division 3, Chapter 1, Article 5.3, CCR Sections 2540 through 2548, shall be considered in compliance with the training provisions of this subsection. (3) Each plan shall provide for safety training as required by state and federal health and safety laws for all personnel likely to be engaged in oil spill response, including a program for training non-permanent responders such as volunteers or temporary help. (4) The marine facility owner/operator shall ensure that training records are maintained for 3 years. All such documentation must be made available to the Administrator upon request. (k) Drills and Exercises -Type and Frequency (1) A marine facility owner/operator shall conduct drills and exercises as necessary to ensure that the elements of the plan will function in an emergency. Each plan shall describe the facility's drill and exercise program, including how the program assures shoreline protection strategies (for all environmentally sensitive sites identified as potentially impacted in the facility's Off-site Consequence Analysis) will be exercised, as outlined in Section 820.01(f) of this subdivision. The following are the necessary drill and exercise frequencies for all facilities, as consistent with the National Preparedness for Response Exercise Program (PREP): (A) a quarterly drill of the notification procedures for marine facility personnel, the Qualified Individual, the OSROs, and the spill management team; (B) a semiannual exercise to test the deployment of marine facility-owned equipment; (C) a yearly tabletop exercise of the marine facility's spill management team. (2) Training sessions may constitute creditable drills and exercises if all requirements in Subsection 820.01(b) through (f) are met. (3) A marine facility owner/operator shall ensure that all of the response resources identified in the plan participate in equipment deployment exercises at least once every three years. (4) Drills shall be designed to exercise either individual components of the plan or the entire response plan. Such drills, individually or in combination, shall ensure that the entire plan is exercised at least once every three years. (5) The marine facility owner/operator shall ensure that records sufficient to document a drill or exercise are maintained for three years following the completion of the drill or exercise. All such documentation must be made available to the Administrator upon request. Note:Evaluation and credit criteria for drills and exercises are described in Section 820.01 of this subchapter. Note: Authority cited: Sections 8670.7, 8670.10, 8670.28, 8670.29 and 8670.30, Government Code. Reference: Sections 8670.7, 8670.10, 8670.25.5, 8670.28, 8670.29, 8670.30, 8670.31 and 8670.37.51, Government Code. s 817.03. Small Marine Fueling Facility Plan Content. To the degree the information required by Subsections 817.03(b) through (k) exists elsewhere, copies of the pre-existing information may be submitted. If the information provided is not sufficient to meet the requirements of this subchapter, additional information may be requested by the Administrator. (a) Introductory Material (1) Each plan shall provide the following information: (A) name and address of the small marine fueling facility (as defined in Section 790 of this subdivision), and mailing address if different. The name and address of the facility shall be referenced in the plan title or on a title page at the front of the plan; (B) name, address and phone number of the owner and/or operator of the small marine fueling facility; (C) name, address and phone number of the person to whom correspondence should be sent; (D) a certification statement signed under penalty of perjury by an executive within the plan holder's management who is authorized to fully implement the oil spill contingency plan, who shall review the plan for accuracy, feasibility, and executability. If this executive does not have training, knowledge and experience in the area of oil spill prevention and response, the certification statement must also be signed by another individual within the plan holder's management structure who has this requisite training, knowledge, and experience. The certification shall be submitted according to the following format; "I certify, to the best of my knowledge and belief, under penalty of perjury under the laws of the State of California, that the information contained in this contingency plan is true and correct and that the plan is both feasible and executable." __________(signature), (title), (date); (E) a copy of the California Certificate of Financial Responsibility (COFR) for the small marine fueling facility shall be included in the front of the plan. If the COFR is not available when the plan is submitted because the facility is not yet operational, a copy of the COFR must be provided as soon as it becomes available. The COFR must be provided before the plan can be approved. (2) Each plan shall identify a Qualified Individual, as defined in Chapter 1, Section 790 of this subdivision, and any alternates that may be necessary for the purpose of implementing the plan. If an alternate or alternates are identified in the plan, then the plan shall also describe the process by which responsibility will be transferred from the Qualified Individual to an alternate. During spill response activities, notification of such a transfer must be made to the State Incident Commander at the time it occurs. (3) Each plan shall provide the name, address, telephone number and facsimile number of an agent for service of process designated to receive legal documents on behalf of the plan holder. Such agent shall be located in California. (4) Each plan shall contain a copy of the contract or other approved means (as defined in Section 815.05(b) of this subchapter), verifying that any oil spill response organization(s) that are named in the plan will provide the requisite equipment and personnel in the event of an oil spill. Plan holders shall only contract with an OSRO(s) that has received a Rating by OSPR (as specified in Section 819 of this subchapter) for the booming, on-water recovery and storage, and shoreline protection services required. (b) Small Marine Fueling Facility Description (1) Each plan shall describe the small marine fueling facility's design and operations with specific attention to those areas from which an oil spill could occur. This description shall include, at a minimum, the following information: (A) For small marine fueling facilities (except for those mobile transfer units addressed under Subsection (B) below): 1. a piping and instrumentation diagram, and a tank diagram including the location of pumps, valves, vents and lines; the number, and oil storage capacity of each structure covered under the plan and its age, design, construction and general condition; the range of oil products normally stored in each structure; the presence or absence of containment structures and equipment; and the location of mooring areas, oil transfer locations, control stations, safety equipment, drip pans and the drainage for drip pans; (B) For mobile transfer units: 1. an instrumentation and tank diagram of the mobile transfer unit tankage and fueling components: (C) a description of the types, physical properties, health and safety hazards, maximum storage or handling capacity and current normal daily throughput of oil handled. A material safety data sheet (MSDS) or equivalent will meet this requirement and can be maintained separately at the small marine fueling facility providing the plan identifies its location; (D) a description of the normal procedures for transferring oil, and the amount, frequency and duration of the oil transfers; and (E) the small marine fueling facility's normal hours of operation. (c) Prevention Measures Each plan shall address prevention measures in order to reduce the possibility of an oil spill occurring as a result of an oil transfer. The prevention measures must eliminate or mitigate all the hazards identified in the Risk and Hazard Analysis. (1) Risk and Hazard Analysis (A) Each plan shall provide a history of the significant spills from the small marine fueling facility for either the 10 year period prior to the date of plan submittal, or from the date the facility became operational, whichever is shorter. As used in this section, a significant spill is one which had a deleterious impact on the local environment, or caused the physical layout of the facility or the facility's operations procedures to be modified. This information shall include: 1. a written description of sites, equipment or operations with a history of oil spills; 2. the cause and size of any historical spill. The causes to be considered shall include such factors as operator error, or a failure of the system or subsystem from which the spill occurred; 3. a brief summary of the impact of the spills; and 4. a description of the corrective actions taken in response to any and all spills included in the historical data. (B) Each small marine fueling facility shall conduct a Risk and Hazard Analysis to identify the hazards associated with the operation of the small marine fueling facility, including operator error, the use of the facility by various types of vessels, equipment failure, and external events likely to cause an oil spill. The owner/operator may use the "What-If Analysis" hazard evaluation method or an equivalent method identified by the American Institute of Chemical Engineers. (C) The chosen hazard evaluation method must be conducted in accordance with the guidelines established by the American Institute of Chemical Engineers as published in the "Guidelines for Hazard Evaluation Procedures", second edition, copyright 1992, prepared for The Center For Chemical Process Safety. 1. The plan must include information regarding the expertise of the working group that develops the analysis. 2. The plan must include information that demonstrates to the Administrator that the analysis is appropriate to the small marine fueling facility and adequate according to the published procedures referenced in (C) above. 3. An owner/operator may be found in violation of this section if the Risk and Hazard Analysis does not adequately address the risks posed by the small marine fueling facility. 4. The Administrator may require that an analysis be updated if there are significant changes made to the small marine fueling facility. A significant change, as used in this paragraph, is one that would have an impact on the outcome of the Risk and Hazard Analysis. 5. Additional information regarding the analysis method used or the working group that conducted the analysis shall be made available to the Administrator upon request. (D) Each plan shall include a summary of the results of the Risk and Hazard Analysis. The summary shall include the following: 1. the hazard analysis method used, and a statement that the analysis is specific to the small marine fueling facility. If the analysis relies on a risk assessment at a similar facility, the summary shall specify how the two facilities are comparable; 2. an inventory of the hazards identified, including the hazards that resulted in the historical spills; 3. an analysis of the potential oil discharges, including the size, frequency, cause, duration and location of all significant spills from the small marine fueling facility as a result of each major type of hazard identified; 4. the control measures that will be used to mitigate or eliminate the hazards identified. The plan shall include timeframes for implementing any control measures that cannot be functional immediately; and 5. a prediction of the potential oil spills that might still be expected to occur after any mitigating controls have been implemented. (E) All supporting documentation used to develop the Risk and Hazard Analysis summary shall be made available to the Administrator upon request. (2) Off-Site Consequence Analysis: For the significant hazards identified in the Risk and Hazard Analysis required under this section, the small marine fueling facility (except for mobile transfer units, as defined in Chapter 1, Section 790 of this subdivision) shall conduct a trajectory analysis to determine the Off-Site Consequences of an oil spill. This analysis shall assume pessimistic water and air dispersion and other adverse environmental conditions such that the worst possible dispersion of the oil into the air or onto the water will be considered. This analysis is intended to be used as the basis for determining the areas and shoreline types for which response strategies must be developed. Some of the information required in this subsection may be drawn from the appropriate Area Contingency Plans completed by the Coast Guard, State Agencies, and Local Governments pursuant to the Oil Pollution Act of 1990. If information is available, the plan holder may make reference to that information (i.e., specify where the information can be found) and does not need to duplicate it in the plan. The analysis, which shall be summarized in the plan, shall include at least the following: (A) a trajectory, or series of trajectories, to determine the potential direction, rate of flow and time of travel of the reasonable worst case oil spill from the small marine fueling facility to marine waters and to the shorelines, including shallow-water environments, that may be impacted. For purposes of this requirement, a trajectory or trajectories (projected for a minimum of 72 hours) that determine the outer perimeter of a spill, based on regional extremes of climate, tides, currents and wind with consideration to seasonal differences, shall be sufficient; (B) for each probable shoreline that may be impacted, a discussion of the general toxicity effects and persistence of the discharge based on type of product; the effect of seasonal conditions on sensitivity of these areas; and an identification of which areas will be given priority attention if a spill occurs. (3) Resources at Risk from Oil Spills: Based on the trajectory of the spilled oil as determined in the Off-Site Consequence Analysis, each small marine fueling facility plan (except for mobile transfer units, as defined in Chapter 1, Section 790 of this subdivision) shall identify the environmentally, economically and culturally sensitive areas that may be impacted. Each plan shall identify and provide a map of the locations of these areas. Some of the information required in this subsection may be drawn from the appropriate Area Contingency Plans completed by the Coast Guard, State Agencies, and Local Governments pursuant to the Oil Pollution Act of 1990. If information is available, the plan holder may make reference to that information (i.e., specify where the information can be found) and does not need to duplicate it in the plan. (A) The map of environmentally sensitive areas shall include: 1. shoreline types and associated marine resources; 2. the presence of migratory and resident marine bird and mammal migration routes, and breeding, nursery, stopover, haul-out, and population concentration areas by season; 3. the presence of aquatic resources including marine fish, invertebrates, and plants including important spawning, migratory, nursery and foraging areas; 4. the presence of natural terrestrial animal and plant resources in marine-associated environments; 5. the presence of state or federally-listed rare, threatened or endangered species; 6. the presence of commercial and recreational fisheries including aquaculture sites, kelp leases and other harvest areas. (B) The map of the locations of economically and culturally sensitive areas shall include: 1. public beaches, parks, marinas, boat ramps and diving areas; 2. industrial and drinking water intakes, power plants, salt pond intakes, and other similarly situated underwater structures; 3. off-shore oil and gas leases and associated drilling/production platforms; 4. known historical and archaeological sites; 5. areas of cultural or economic significance to Native Americans; and 6. the major waterways and vessel traffic patterns that are likely to be impacted. (4) Required Prevention Measures (A) Each small marine fueling facility shall implement all prevention measures to reduce or mitigate the potential hazards identified in the Risk and Hazard Analysis. (B) In addition, each plan shall include the following: 1. schedules, methods and procedures for testing, maintaining and inspecting hoses, mobile transfer unit tankage and fueling components, and other structures within or appurtenant to the small marine fueling facility, that contain or handle oil which may impact marine waters if a failure occurs. Any information developed in compliance with Title 33 CFR, Part 154; Title 49 CFR, Part 195; and/or Title 5, Division 1, Part 1, Chapter 5.5 of the Government Code may be substituted for all or part of any comparable prevention measures required by this subsection; 2. methods to reduce spills during transfer and storage operations, including overfill prevention measures and immediate spill containment provisions. Any information developed in compliance with Title 2, CCR, Division 3, Chapter 1, Article 5.5; and/or Title 33 CFR, Parts 154 and 156 may be substituted for all or part of any comparable prevention measures required by this subsection; 3. procedures to assure clear communication among all the parties involved during transfer operations. Any information developed in compliance with Title 2, CCR, Division 3, Chapter 1, Article 5.5; Title 14, CCR, Division 1, Subdivision 4, Chapter 3, Subchapter 6; and/or Title 33 CFR, Parts 154 and 156 may be substituted for all or part of any comparable prevention measures required by this subsection; 4. the plan holder shall provide additional relevant information to the Administrator upon request. (5) Other Prevention Measures Each plan shall also identify and include a summary of those prevention measures required by other Federal, State or local agencies or which are currently in place and being utilized by the small marine fueling facility. The list of existing prevention measures shall include, but not be limited to, the following: (A) a description of any "risk reduction incentive programs" in place at the small marine fueling facility. A risk reduction incentive program is one designed to reduce factors leading to technical and human error, such as programs that reward accident-free periods in the workplace; (B) a description of leak detection and spill prevention safety and alarm systems, devices, equipment or procedures; (C) a description of automatic controls that can be operated remotely or pre-programmed to control normal processes, safety shutdown and emergency shutdown; (D) a description of the alcohol and drug testing programs for key personnel; (E) any additional prevention measures taken or contemplated to minimize the possibility of oil spills; (F) a description of any fencing, locks, lighting and other security or surveillance measures necessary to reduce vandalism, sabotage, or unauthorized entries. (G) The plan holder shall provide additional relevant information to the Administrator upon request. (d) On-Water Containment and Recovery Each plan must provide for the on-water containment and recovery of all potential oil spills from the small marine fueling facility. To determine the amount of containment and recovery capability that must be available, each small marine fueling facility must calculate a Response Planning Volume as outlined below: (1) Reasonable Worst Case Spill To calculate the Response Planning Volume, it is first necessary to determine the reasonable worst case spill size as follows: (A) For small marine fueling facilities (except for mobile transfer units which are addressed in Subsection (B) below): 1. the amount of additional spillage that could reasonably be expected to enter California marine waters during emergency shut-off, transfer or pumping operations if each hose or pipeline ruptures or becomes disconnected, or if some other incident occurs which could cause or increase the size of an oil spill. The spillage shall be calculated as follows: the maximum time to discover the release from the pipe or hose in hours, plus the maximum time to shut down flow from the pipe or hose in minutes or hours (based on historic discharge data or the best estimate in absence of historic discharge data for the facility) multiplied by the maximum flow rate expressed in barrels per hour (based on the maximum relief valve setting or maximum system pressure when relief valves are not provided) plus the total linefill drainage volume expressed in barrels. (B) For mobile transfer units: 1. the total tank storage capacity. (C) The calculations, and such parameters as flow rates, linefill capacities and emergency shutoff times, that are used to determine a small marine fueling facility's reasonable worst case spill shall be submitted as part of the plan. The Administrator may review and test these parameters as part of the drill conducted in accordance with Subsection 816.03(b). (2) Persistence and Emulsification Factors (A) The reasonable worst case spill volume is then multiplied by a persistence factor relative to the most persistent type of oil that may be spilled. The persistence factors relative to the type of oil spilled, are specified below: ---------------------------------------------------- ---------------------------------------------------- Oil Group Group 1 Group 2 Group 3 Group 4 ---------------------------------------------------- On-Water Volumes .20 .50 .50 .50 ---------------------------------------------------- ---------------------------------------------------- (B) Emulsification Factors The volume determined from the calculation in Subparagraph (A) is then multiplied by one of the following emulsification factors, again, based on the type of oil. -------------------------------------------------- -------------------------------------------------- Oil Group Group 1 Group 2 Group 3 Group 4 -------------------------------------------------- Emulsification .10 1.8 2.0 1.4 -------------------------------------------------- -------------------------------------------------- (C) Response Planning Volume The total determined by the above calculation is a Response Planning Volume. 1. The Response Planning Volume is used to determine the amount of Response Equipment and Services that must be under contract. 2. All calculations used to determine the Response Planning Volume shall be included in the plan. (3) Response Capability Standards The standards set forth in this section are only planning standards and may not reflect the exigencies of actual spill response. However, these are the standards that must be used to determine the amount of equipment and personnel that must be under contract. Equipment in addition to that under contract must be identified, and a call-out procedure in place to access this equipment, if the small marine fueling facility has a spill that exceeds these planning standards. The owner/operator is ultimately responsible for addressing the entire volume of an actual spill regardless of the planning standards. (A) Total Equipment Required 1. The total amount of on-water containment and recovery equipment and services required shall be the amount necessary to address the Response Planning Volume determined in Sections 817.03(d)(1) & (2) as follows: i. sufficient on-water containment and recovery equipment and services to respond to 50% of the calculated Response Planning Volume within two hours of notification. ii. sufficient on-water containment and recovery equipment and services to respond to the remaining 50% of the calculated Response Planning Volume within 12 hours of notification. 2. The timeframes for equipment delivery and deployment as specified in this subsection do not take into account the time required to conduct a health and safety assessment of the site as set forth in Subsection 817.03(f)(6), and as required by the California Occupational and Safety Administration. In addition, these timeframes do not account for delays that may occur due to weather or seastate. The actual time necessary to deliver and deploy equipment will be assessed at the time of an incident or a drill and will take into account the prevailing conditions of weather and seastate, as well as the site assessment requirements. (4) Transfer Operations Each plan shall demonstrate that the small marine fueling facility owns or has access to sufficient and appropriate boom, trained personnel and equipment, maintained in a stand-by condition, such that at least 600 feet of boom can and will be deployed immediately for containment of persistent oil (i.e., Group 2, 3, 4, or 5) upon discovery of a spill. (5) On-Water Response Equipment and Services (A) Each plan shall demonstrate that the small marine fueling facility owns or has under contract or other approved means (as defined in Section 815.05(b) of this subchapter), access to all the necessary equipment, services, and personnel to comply with the Response Capability Standards established in Subsection 817.03(d). The amount of response equipment required shall take into account the derated capacity (as defined in Chapter 1, Section 790 of this subdivision) of the oil recovery equipment. (B) The equipment identified for a specific area must be appropriate for use in that area given the limitations of the geography, bathymetry, water depths, tides, currents and other local environmental conditions. For those areas that require shallow-water response capability (refer to the relevant Coast Guard Area Contingency Plan), the plan shall provide for an adequate number of shallow-draft vessels (as defined in Section 815.05 of this subchapter) and for adequate booming and other shoreline protective resources to be under contract and available to respond to provide shoreline protection of all sensitive sites identified in the trajectory analysis conducted as part of the Off-site Consequence Analysis. Additionally, the equipment identified shall also be appropriate for use on the type of oil identified. The following information must be provided: 1. the location, inventory and ownership of the equipment to be used to fulfill the response requirements of this subchapter; 2. the type and capacity of storage and transfer equipment matched to the skimming capacity of the recovery systems; 3. the manufacturer's rated capacities and the operational characteristics for each major item of oil recovery equipment; 4. the derated capacity (as defined in Chapter 1, Section 790 of this subdivision) for each major piece of on-water recovery equipment listed, as well as the derated capacity for the skimming systems as a whole. i. A request may be submitted to the Administrator to review the derated capacity for a piece of equipment if it can be shown that the equipment has a different capacity than the derating factor allows. ii. The Administrator's decision regarding a change in the derated capacity for a piece of equipment will be issued as soon as administratively feasible. 5. vessels designated for oil recovery operations, including skimmer vessels and vessels designed to tow and deploy boom and availability of shallow-draft vessels; 6. procedures for storage, maintenance, inspection and testing of spill response equipment under the immediate control of the operator; (6) On-Water Response and Recovery Strategies Utilizing the equipment that is owned or under contract, each plan shall describe methods to contain spilled oil and remove it from the environment. The equipment identified for a specific area must be appropriate for use in that area given the limitations of the bathymetry, geomorphology, shoreline types and other local environmental conditions. Additionally, the equipment shall be appropriate for use on the type of oil identified. (e) Shoreline Protection and Clean-up Each plan must provide for shoreline protection and clean-up of all potential spills from the small marine fueling facility. The equipment identified for a specific area must be appropriate for use in that area given the limitations of the bathymetry, geomorphology, shoreline types and other local environmental conditions. Additionally, the equipment identified shall be appropriate for use on the type of oil identified. (f) Response Procedures (1) Each plan shall describe the organization of the small marine fueling facility's spill response management team. An organizational diagram depicting the chain of command shall also be included. Additionally, the plan shall describe the method to be used to interface the plan holder's organization into the State Incident Command System and/or the Unified Command Structure as required by Title 8, California Code of Regulations, Subsection 5192(p)(8)(D)(2). (A) The plan holder may utilize the procedures outlined in the appropriate Federal Area Contingency Plan when describing how the small marine fueling facility's chain of command will interface with the State Incident Command System which utilizes the Unified Command Structure. (2) Each plan shall describe how the plan holder will provide emergency services before the arrival of local, state or federal authorities on the scene, including: (A) procedures to control fires and explosions, and to rescue people or property threatened by fire or explosion; (B) procedures for emergency medical treatment and first aid; (3) Each plan shall include a checklist, flowchart or decision tree depicting the procession of each major stage of spill response operations from spill discovery to completion of clean-up. The checklist, flowchart, or decision tree shall describe the general order and priority in which key spill response activities are performed. (4) Each plan shall describe equipment and procedures to be used by small marine fueling facility personnel to minimize the magnitude of a spill and minimize structural damage which may increase the quantity of oil spilled. (A) Spill mitigation procedures shall include immediate containment strategies, methods to stop the spill at the source, methods to slow or stop leaks, and methods to achieve immediate emergency shutdown. (5) Each plan shall provide for post-spill review, including methods to review both the effectiveness of the plan and the need for plan amendments. (A) The result of the review shall be forwarded to the Administrator within 90 days following the completion of response and clean-up procedures. (B) The review shall be used by the Administrator only for the purposes of proposing future amendments to the contingency plan. (6) Prior to beginning spill response operations and/or clean-up activities, a Site Safety Plan must be completed. Each plan shall describe the procedures to be used for the development of the Site Safety Plan required pursuant to Title 8, Section 5192(b)(4)(B) of the California Code of Regulations. (g) Notification Procedures (1) Each plan shall include a list of contacts to call in the event of a drill, threatened discharge of oil, or discharge of oil. The plan shall: (A) detail the procedures for reporting oil spills to all appropriate local, state, and federal agencies; (B) identify a central reporting office or individual who is responsible for initiating the notification process and is available on a 24-hour basis. The following information must be provided: 1. the individual or office to be contacted; 2. telephone number or other means of contact for any time of the day; and 3. an alternate contact in the event the individual is unavailable. (C) establish a clear order of priority for notification. (2) Immediate Notification Nothing in this section shall be construed as requiring notification before response. (A) Each plan shall include a procedure for contacting the primary OSRO, or other initial response resources if an OSRO is not being used, within 30 minutes of the discovery of a discharge of oil or threatened discharge of oil. (B) Each plan shall include a procedure that ensures that the owner/operator or his/her designee will initiate contact with the Qualified Individual, the California Governor's Office of Emergency Services and the National Response Center immediately, but no longer than 30 minutes, after discovery of a discharge of oil or threatened discharge of oil. (C) All phone numbers necessary to complete the immediate notification procedures must be included in the response manual. (3) Each plan shall identify a call-out procedure to acquire the resources necessary to address spills that cannot be addressed by the equipment that the owner/operator owns or has under contract. Procedures must allow for initiation of the call-out within 24 hours of the incident and must begin as soon as a determination has been made that additional resources are necessary. (4) Each plan shall provide a checklist of the information to be reported in the notification procedures, including but not limited to: (A) small marine fueling facility name and location; (B) date and time of the incident; (C) the cause and location of the spill; (D) an estimate of the volume of oil spilled and the volume at immediate risk of spillage; (E) the type of oil spilled, and any inhalation hazards or explosive vapor hazards, if known; (F) the size and appearance of the slick; (G) prevailing weather and sea conditions; (H) actions taken or planned by personnel on scene; (I) current condition of the small marine fueling facility; (J) injuries and fatalities; and (K) any other information as appropriate. (5) Reporting of a spill as required by Subsection 817.03(g)(2) shall not be delayed solely to gather all the information required by Subsection 817.03(g)(4). (6) An updated estimate of the volume of oil spilled and the volume at immediate risk of spillage shall be reported to the California Governor's Office of Emergency Services whenever a significant change in the amount reported occurs, but not less than every 12 hours within the first 48 hours of response. The State Incident Commander and/or the Federal On-Scene Coordinator through the Unified Command shall have the option of increasing or decreasing this timeframe, as needed. Updated spill volume information included in the Incident Action Plan developed through the Unified Command will meet the requirements of this subsection. (h) Temporary Storage and Waste Management (1) Each plan shall identify sufficient temporary storage for all recovered oil or all oily waste, and identify facilities that would be able to accept the recovered oil or oily waste for recycling or other means of waste management. Sufficient storage shall be no less than two times the calculated Reasonable Worst Case Spill volume as determined in Section 817.03(d)(1). (2) Each plan shall identify the party that shall maintain responsibility for recovered oil and oily waste for the purposes of temporary storage. (3) Each plan shall describe site criteria and methods used for temporary storage of recovered oil and oily wastes generated during response and clean-up operations, including sites available within the small marine fueling facility or near the spill area. (4) Each plan shall identify all applicable permits, and all federal, state and local agencies responsible for issuing those permits for transit, temporary storage and ultimate waste management of all wastes likely to result from an oil spill. (5) Each plan shall include information which could expedite the state approval process for the use of temporary waste storage sites, including a list of appropriate contacts and a description of procedures to be followed for each approval process. (i) Oiled Wildlife Care Requirements Each plan shall describe how oiled wildlife care will be provided by one of the following approved means: (1) Utilize the California Oiled Wildlife Care Network (OWCN) to meet oiled wildlife care requirements: or (2) describe procedures that clearly outline how oiled wildlife care will be provided. The equipment, facilities, and personnel necessary to implement these procedures must be identified and assured by contract for each Geographic Area covered by the plan. Standards for wildlife care must comply with all applicable State and federal laws. (j) Training (1) Each plan shall provide that all appropriate personnel employed by the small marine fueling facility shall receive training in the use and operation of oil spill response and clean-up equipment. The plan shall describe: (A) the type and frequency of training that each individual in a spill response position receives to achieve the level of qualification demanded by their job description; (2) Each plan shall describe the type and frequency of personnel training on methods to reduce operational risks. The description of the training shall include, if applicable, the following: (A) any established training objectives that address potential spill sources and causes that were identified in the Risk and Hazard Analysis. (B) the means of achieving any established training objectives, such as: 1. a training schedule, including adequate frequency, (e.g., initial training upon hire and annual refresher training) and type of training (workshops, classroom, videotape, on-the-job training, etc.) for each position trained; (C) any licenses, certifications or other prerequisites required to hold particular jobs. (D) A plan holder whose small marine fueling facility is subject to and in compliance with State Lands Commission training regulations; Title 2, Division 3, Chapter 1, Article 5.3, CCR Sections 2540 through 2548, shall be considered in compliance with the training provisions of this subsection. (3) Each plan shall provide for safety training as required by state and federal health and safety laws for all personnel likely to be engaged in oil spill response, including a program for training non-permanent responders such as volunteers or temporary help. (4) The small marine fueling facility owner/operator shall ensure that training records are maintained for three years. All such documentation must be made available to the Administrator upon request. (k) Drills and Exercises -Type and Frequency (1) A small marine fueling facility owner/operator shall conduct drills and exercises as necessary to ensure that the elements of the plan will function in an emergency. Each plan shall describe the facility's drill and exercise program, including how the program assures shoreline protection strategies (for all environmentally sensitive sites identified as potentially impacted in the facility's Off-site Consequence Analysis) will be exercised, as outlined in Section 820.01(f). The following are the necessary drill and exercise frequencies for all small marine fueling facilities as consistent with the National Preparedness for Response Exercise Program (PREP) guidelines: (A) a quarterly drill of the notification procedures for facility personnel, the Qualified Individual, the OSROs, and the spill management team; (B) a semiannual exercise to test the deployment of facility-owned equipment; (C) a yearly tabletop exercise of the facility's spill management team. (2) Drills shall be designed to exercise either individual components of the plan or the entire response plan. Such drills, individually or in combination, shall ensure that the entire plan is exercised at least once every three years. (3) The facility owner/operator shall ensure that records sufficient to document a drill or exercise are maintained for three years following the completion of the drill or exercise. All such documentation must be made available to the Administrator upon request. Note:Evaluation and credit criteria for drills and exercises are described in Section 820.01. Note: Authority cited: Sections 8670.7, 8670.28, 8670.29 and 8670.30, Government Code. Reference: Sections 8670.7, 8670.10, 8670.25.5, 8670.28, 8670.29, 8670.30, 8670.31 and 8670.37.51, Government Code. s 818. Vessel Contingency Plans. s 818.01. Applicability. (a) Plans Unless vessels are exempt as provided in Subsection (b) below, oil spill contingency plans shall be prepared, submitted and used pursuant to the requirements of this section by all tankers and barges which transit in the marine waters (as defined in Section 815.05 of this subchapter) of California, or conduct business in the state. Business in the state would include such transactions as lightering operations off the coast of California. (b) Exemptions (1) This subchapter shall not apply to a tanker or barge that enters the marine waters of the state because of imminent danger to the crew, or in an effort to prevent an oil spill or other harm to public safety or the environment. This exemption applies if the following are met: (A) the operator and crew comply with all orders given by the Administrator or his/her designee, unless the orders are contradicted by orders from the Coast Guard; (B) except for fuel, oil may be transferred to or from the vessel only if permission is obtained from the Administrator and one of the following conditions is met; 1. the transfer is necessary for the safety of the crew; or 2. the transfer is necessary to prevent harm to public safety or the environment; or 3. a contingency plan is approved or made applicable to the vessel. (C) the vessel shall leave the marine waters of the state as soon as it is safe to do so, unless a contingency plan is approved or made applicable to its operation. (2) Operation Without a Plan (A) For the purposes of this subsection, 818.01(b)(2) only, "tanker" is defined as a tanker or barge that will be used by other vessels for bunkering and/or lightering operations. (B) A vessel may enter marine waters without an approved contingency plan if the Administrator approves entrance under the plan of the terminal or tanker that is the destination of the vessel. The Administrator's approval can be communicated by telephone or facsimile and is subject to the following: 1. the operator of the terminal or tanker provides the Administrator with advance written assurance that the operator assumes full responsibility for the vessel while it is traveling to or from the terminal or tanker. Such assurance may be delivered by hand, by mail or by facsimile. If delivered by facsimile the original must follow; 2. the contingency plan includes all conditions pertinent to a vessel; 3. the vessel meets all the requirements of the terminal or tanker's contingency plan; and, 4. the vessel has not made a similar entrance into marine waters in the preceding 12 month period. (C) A vessel in marine waters pursuant to Subsection 818.01(b)(2) shall be operated in accordance with the vessel's operations manual. In the event of an oil spill, the vessel operator shall comply with the directions of the Administrator and the applicable contingency plan of the terminal or tanker. (3) Response Vessels Contingency plans are not required for dedicated response vessels, which are those vessels that are dedicated to conducting response activities for an oil spill incident exclusively. (4) Innocent Passage Contingency plans are not required for vessels engaged in innocent passage within the marine waters of California. Note: Authority cited: Section 8670.28, Government Code. Reference: Sections 8670.30, 8670.33, and 8670.34, Government Code. s 818.02. Vessel Plan Content (Except for Those Vessels Carrying Oil As Secondary Cargo Addressed in Section 818.03 of This Subchapter). To the degree the information required by Subsections 818.02(b) through (m) exists elsewhere, copies of the pre-existing information may be submitted. If the information provided is not sufficient to meet the requirements of this subchapter, additional information may be requested by the Administrator. (a) Introductory Material (1) Each plan shall provide the following information for each vessel covered by the plan: (A) the vessel's name, country of registry, call sign, official identification number, and Lloyd's identification number; (B) name, address and phone number of the owner and/or operator of the vessel(s). This information shall be referenced in the plan title or on a title page at the front of the plan; (C) the name, address and phone number of the person to whom correspondence should be sent; (D) the vessel's classification, hull type, gross registered tonnage (GRT), maximum cargo amounts, length, draft and beam; (E) a certification statement signed under penalty of perjury by an executive within the plan holder's management who is authorized to fully implement the oil spill contingency plan, who shall review the plan for accuracy, feasibility, and executability. If this executive does not have training, knowledge and experience in the area of oil spill prevention and response, the certification statement must also be signed by another individual within the plan holder's management structure who has this requisite training, knowledge, and experience. The certification shall be submitted according to the following format; "I certify, to the best of my knowledge and belief, under penalty of perjury under the laws of the State of California, that the information contained in this contingency plan is true and correct and that the plan is both feasible and executable." __________(signature), (title), (date); (F) a copy of the California Certificate of Financial Responsibility (COFR) for the vessel(s) covered by the plan shall be included in the front of the plan, or for fleet plans shall be indexed separately in a subsection of the plan. (2) Each plan shall identify a Qualified Individual, as defined in Chapter 1, Section 790 of this subdivision, and any alternates that may be necessary for the purpose of implementing the plan. If an alternate or alternates are identified in the plan, then the plan shall also describe the process by which responsibility will be transferred from the Qualified Individual to an alternate. During spill response activities, notification of such a transfer must be made to the State Incident Commander at the time it occurs. (3) Each plan shall provide the name, address, telephone number and facsimile number of an agent for service of process designated to receive legal documents on behalf of the plan holder. Such agent shall be located in California. (4) Each plan shall contain a copy of the contract or other approved means (as defined in Section 815.05(b) of this subchapter), verifying that any oil spill response organization(s) that are named in the plan will provide the requisite equipment and personnel in the event of an oil spill. This requirement can be met by a copy of the basic written agreement with an abstract of the recovery and/or cleanup capacities covered by the contract. Plan holders shall only contract with an OSRO(s) that has received a Rating by OSPR (as specified in Section 819 of this subchapter) for the booming, on-water recovery and storage, and shoreline protection services required. (b) Vessel Description (1) Each plan shall describe the vessel's design and operations with specific attention to those areas from which a spill could reasonably be expected to impact the marine waters of California. This description shall include, at a minimum, the following information: (A) a piping and tank diagram including the location of valves, vents and lines; the age, design, and construction of the vessel; the range of oil products normally carried in each structure; and safety equipment; (B) a description of the types, physical properties, health and safety hazards and maximum storage or handling capacity of the oil or product carried. A material safety data sheet (MSDS) or equivalent will meet this requirement and can be maintained separately aboard the vessel providing the plan identifies its location. (c) Prevention Measures (1) Each plan holder shall take all appropriate prevention measures designed to reduce the possibility of an oil spill occurring as a result of collisions, groundings, explosions or operator error during the operation of the vessel. Each plan shall include a summary of the policies, programs, guidelines and/or procedures designed to implement the following: (A) methods to reduce spills during transfer and storage operations, including overfill prevention measures, and immediate spill containment provision. Any information developed in compliance with Title 33 CFR, Parts 154 and 156 may be substituted for all or part of any comparable prevention measures required by this subsection; (B) procedures to assure clear communication among all the parties involved during transfer operations; (C) use of vessel traffic service systems where available; (D) procedures to be used to avoid the known navigational hazards; (E) Where a plan holder's vessel is engaged in transfer operations at a facility subject to Public Resources Code 8755, and the plan holder is in compliance with State Lands Commission regulations for oil transfer operations, the plan holder shall be considered in compliance with the provisions of this subsection. (F) The plan holder shall provide additional relevant information to the Administrator upon request. (2) Each plan shall also provide a summary of those prevention measures, or operational policies, guidelines and procedures which are currently in place to meet the requirements of other International, Federal, State or local agencies. Each plan shall also summarize any other prevention measures being utilized by vessel personnel. The list of existing prevention measures shall include, but not be limited to, the following: (A) a description of any "risk reduction incentive programs". A risk reduction incentive program is one designed to reduce factors leading to technical and human error, such as programs that reward accident-free periods in the workplace; (B) a description of leak detection and spill prevention safety and alarm systems, devices, equipment or procedures; (C) a description of automatic controls that can be operated remotely or pre-programmed to control normal processes, safety shutdown and emergency shutdown; (D) a description of the alcohol and drug testing programs for key personnel; (E) those measures implemented in compliance with regulations adopted by the State Lands Commission under Public Resources Code 8755 governing operations of a vessel while at a marine terminal; (F) any additional prevention measures taken or contemplated to minimize the possibility of oil spills; (G) a description of any security measures. (H) The plan holder shall provide additional relevant information to the Administrator upon request. (3) At the time the initial contingency plan is submitted, the owner/operator shall either submit a Certificate Of Inspection (COI) issued by the USCG, or a certificate issued by a member of the International Association of Classification Societies certified by the International Maritime Organization (IMO) of the most recent vessel inspection, or verify that the vessel has such a certificate and that the certificate is available for review. (4) The owner/operator shall also submit a Safety Management Certificate to demonstrate compliance with the performance elements in the International Safety Management (ISM) Code subject to IMO Resolution A.741(18), or shall submit proof of compliance with the American Waterways Operators (AWO) Responsible Carrier Program, if applicable. (d) Planning for the Location of Response Resources The owner/operator must be prepared to respond to a spill anywhere within the marine waters of California. To determine the regions in which response equipment and personnel must be available it is first necessary to determine those areas of likely spill impact, as follows; (1) Navigational Hazard Analysis Each plan holder must conduct a Navigational Hazard Analysis for those areas the vessel transits within the marine waters of California. (Note: where maps/diagrams are required they may be submitted (in addition to the original hard copy) on electronic media, in Portable Document Format (PDF).) Such an analysis shall include the following; (A) a description of the vessel's normal routes of travel including a list of each of the 6 Geographic Regions that the vessel transits along these routes; (B) an analysis of the navigational hazards along the vessel's normal routes of travel. This analysis shall be specific to each of the six Geographic Regions, where applicable. The plan shall include a summary of the results of this analysis which shall include the following: 1. a list of those hazards identified such as bars, off-shore structures, harbor entrances, areas of significant traffic congestion, hazards specific to the regular ports of call, and hazards associated with principal transfer operations; 2. a review, based on proximity to shore and the availability of stand- by towing and/or other support capability, of those situations where a loss of power, navigational ability or other significant incidents may result in groundings, collisions, strandings, or explosions. (C) Each plan shall provide historical information on significant spills from the vessel including the vessel while operated under different names by the current owner, and to the extent known, by prior owners and under different names. As used in this section, a significant spill is one which had an impact on the marine waters of the state, or caused the physical layout of the vessel or the vessel's operations procedures to be modified. This information shall include: 1. a written description of the spill event(s) ; 2. the cause of any historical spill, including operator error, or a failure analysis of the system or subsystem in which the failure occurred; 3. a brief summary of the impact of the spill(s) ; 4. a description of the corrective actions taken in response to any and all spills included in the historical data. (2) Environmental Consequence Analysis (A) For the significant hazards identified in the Navigational Hazard Analysis, the vessel shall conduct a trajectory analysis to determine the environmental consequences of an oil spill. This analysis shall apply to the reasonable worst case spill volume and shall assume pessimistic water and air dispersion and other adverse environmental conditions. This analysis is intended to be used as the basis for determining those areas and shoreline types for which response strategies must be developed. Some of the information required in this subsection may be drawn from the appropriate Area Contingency Plans completed by the Coast Guard, State Agencies, and Local Governments pursuant to the Oil Pollution Act of 1990. (Note: where maps/diagrams are required they may be submitted (in addition to the original hard copy) on electronic media, in Portable Document Format (PDF).) The analysis shall include at least the following: 1. a trajectory to determine the potential direction, rate of flow and time of travel of the reasonable worst case oil spill from the vessel to the shorelines, including shallow-water environments, that may be impacted. For purposes of this requirement, a trajectory or trajectories (projected for a minimum of 72 hours) that determine the outer perimeter of a spill, based on regional extremes of climate, tides, currents and wind with consideration to seasonal differences, shall be sufficient; 2. for each probable shoreline that may be impacted, a discussion of the general toxicity effects and persistence of the discharge, based on type of product; the effect of seasonal conditions on sensitivity of these areas; and an identification of which areas will be given priority attention if a spill occurs. (3) Resources at Risk from Oil Spills Based on the trajectory of the spilled oil, as determined in the Environmental Consequence Analysis, each plan shall identify the environmentally, economically and culturally sensitive areas that may be impacted. Each plan shall identify and provide a map of the locations of these areas. Some of the information required in this subsection may be drawn from the appropriate Area Contingency Plans completed by the Coast Guard, State Agencies, and Local Governments pursuant to the Oil Pollution Act of 1990. (Note: where maps/diagrams are required they may be submitted (in addition to the original hard copy) on electronic media, in Portable Document Format (PDF).) (A) The map of environmentally sensitive areas shall include: 1. shoreline types and associated marine resources; 2. the presence of migratory and resident marine bird and mammal migration routes, and breeding, nursery, stopover, haul-out, and population concentration areas by season; 3. the presence of aquatic resources including marine fish, invertebrates, and plants including important spawning, migratory, nursery and foraging areas; 4. the presence of natural terrestrial animal and plant resources in marine-associated environments; 5. the presence of state or federally-listed rare, threatened or endangered species; and 6. the presence of commercial and recreational fisheries including aquaculture sites, kelp leases and other harvest areas. (B) The map of the locations of economically and culturally sensitive areas shall indicate: 1. public beaches, parks, marinas, boat ramps and diving areas; 2. industrial and drinking water intakes, power plants, salt pond intakes, and other similarly situated underwater structures; 3. intertidal and subtidal drilling leases; 4. known historical and archaeological sites. If a plan holder has access to any confidential archaeological information, it must be submitted as a separate item and will be handled as confidential information as outlined in Subsection 816.01(d); 5. areas of cultural or economic significance to Native Americans; and 6. major waterways and vessel traffic routes that are likely to be impacted. (e) On-Water Containment and Recovery Each plan must provide for the on-water containment and recovery of all potential spills from the vessel that could reasonably be expected to impact the marine waters of California. Additionally, each plan must also demonstrate response capability sufficient to address potential spills in each Geographic Region through which the vessel may transit. To determine the amount of containment and recovery capability that must be available, each vessel must calculate a Response Planning Volume as outlined below: (1) Reasonable Worst Case Spill To calculate the Response Planning Volume, it is first necessary to determine the reasonable worst case spill for each vessel. The reasonable worst case spill is calculated as 25% of the vessel's total cargo capacity. (2) Persistence and Emulsification Factors (A) The reasonable worst case spill volume is then multiplied by a persistence factor relative to the most persistent type of oil that may be spilled. The persistence factors relative to the type of oil spilled, are specified below: ---------------------------------------------------- ---------------------------------------------------- Oil Group Group 1 Group 2 Group 3 Group 4 ---------------------------------------------------- On-Water Volumes .20 .50 .50 .50 ---------------------------------------------------- ---------------------------------------------------- (B) Emulsification Factors The volume determined from the calculation above is then multiplied by one of the following emulsification factors, again, based on the type of oil. -------------------------------------------------- -------------------------------------------------- Oil Group Group 1 Group 2 Group 3 Group 4 -------------------------------------------------- Emulsification 1.0 1.8 2.0 1.4 -------------------------------------------------- -------------------------------------------------- (C) Response Planning Volume The total determined by this calculation is a Response Planning Volume. 1. The Response Planning Volumes to be used to determine the amount of equipment and services required shall be the greater of the amount necessary to address the Response Planning Volume as calculated in Subsections 818.02(e)(1) - (2) or the Planning Volume for On-water Recovery for Inland/Nearshore Environment calculated for the vessel's federal response plan prepared pursuant to 33 CFR, Part 155, Appendix B. The Planning Volume for On-water Recovery is the Adjusted Volume from the federal calculations determined prior to establishing response tiers utilizing the mobilization factors; 2. the calculations used to determine the Response Planning Volume shall be included in the plan. (3) Response Capability Standards The equipment and personnel necessary to address the Response Planning Volume is brought to the scene of the spill over a period of time. The timeframes are dependent upon the risk zone in which the vessel is located and is specified in the tables in this subsection. The standards set forth in this section are only planning standards and may not reflect the exigencies of actual spill response. However, these are the standards that must be used to determine the amount of equipment and personnel that must be under contract. Equipment in addition to that under contract must be identified and a call-out procedure in place to access this equipment if the vessel has a spill that exceeds these planning standards. The owner/operator is ultimately responsible for addressing the entire volume of an actual spill regardless of the planning standards. (A) Total Equipment Required 1. The total amount of on-water containment and recovery equipment and services required shall be the lesser of the amount necessary to address the Daily Recovery Rates established in Subsection 818.02(e)(3)(B) or the Response Planning Volume determined in Subsection 818.02(e)(2)(C). 2. The amount of equipment and the timeframes for delivery are specified in Subsection 818.02(e)(3)(B). The barrels per day capability figure is the total amount of on-water recovery equipment that must be at the scene of the spill at the hour specified which is measured from the time of notification, as described in this subchapter. All on-water recovery equipment must be capable of being deployed and operable within one hour of arrival at the scene of the spill but no later than the designated timeframe for each risk zone. 3. The timeframes for equipment delivery and deployment as specified in this Subsection do not take into account the time required to conduct a health and safety assessment of the site as set forth in Subsection 818.02(g)(9) , and as required by the California Occupational and Safety Administration. In addition, these timeframes do not account for delays that may occur due to weather or seastate. The actual time necessary to deliver and deploy equipment will be assessed at the time of an incident or a drill and will take into account the prevailing conditions of weather and seastate, as well as the site assessment requirements. (B) Daily Recovery Rate 1. Vessels that transit in High-Volume Ports. ------------------------------------------ ------------------------------------------ DELIVERY 12 24 36 60 TIME (HRS) ------------------------------------------ BBLS/DAY 23,437 31,250 46,875 78,125 CAPABILITY ------------------------------------------ ------------------------------------------ i. Vessels that transit: 1) inward of the inland line of demarcation as described in 33 CFR, Section 80.1142 for San Francisco harbor, and 2) inwards of a six nautical mile radius of Long Beach Light (LLNR 3025) [33- 43.4N, 118-11.2W] outside the entrance to the Los Angeles/Long Beach Harbors on the Los Angeles and Long Beach Harbor Chart # 18751, shall have the initial 23,437 bbls/day on-water recovery capability at the scene of the spill within six hours. ii. in addition, at the facility/transfer points or during transfers at anchorage designations within the High Volume Ports, there must be 3,125 barrels/day, or 10% of the vessel's cargo capacity, whichever is less, of on-water recovery capability that can be mobilized and on-scene within two hours of notification; iii. if a facility/transfer point within a High Volume Port maintains and can immediately deploy containment equipment for a 3,125 barrel spill, or 10% of the vessel's cargo capacity, whichever is less, the initial on-water recovery capability can be on-scene within three hours rather than two hours. 2. Vessels Operating in Facility/Transfer Areas or the Santa Barbara Channel Area. ---------------------------------- ---------------------------------- DELIVERY 12 36 60 TIME (HRS) ---------------------------------- BBLS/DAY 19,531 35,156 66,406 CAPABILITY ---------------------------------- ---------------------------------- i. in addition, at the facility/transfer points within the Facility/Transfer Areas and the Santa Barbara Channel Area there must be 3,125 barrels/day, or 10% of the vessel's cargo capacity, whichever is less, of on-water recovery capability that can be mobilized and on-scene within two hours of notification; ii. if a facility/transfer point within a Facility/Transfer Area or the Santa Barbara Channel Area maintains and can immediately deploy containment equipment for a 3,125 barrel spill, or 10% of the vessel's cargo capacity, whichever is less, the initial on-water recovery capability can be on-scene within three hours rather than two hours. iii. for those points where transfers occur infrequently, and where there is not permanent equipment present, the 3,125 barrel/day, or 10% of the vessel's cargo capacity, whichever is less, on-water response capability shall be brought to the site at the time of transfer; iv. for infrequent transfers of non-persistent oil, the initial response requirement may be waived by application to the Administrator. The application for waiver must include a justification based on such factors as the location of the transfer point, proximity to response equipment, additional equipment in the immediate area, and the relative environmental sensitivity of the potential spill sites. 3. Vessels that transit along the Balance of the Coast within California marine waters. ---------------------------------- ---------------------------------- DELIVERY 18 36 60 TIME (HRS) ---------------------------------- BBLS/DAY 15,625 31,250 62,500 CAPABILITY ---------------------------------- ---------------------------------- i. in addition, at the facility/transfer points or during transfers at anchorage designations within the Balance of the Coast there must be 3,125 barrels/day, or 10% of the vessel's cargo capacity, whichever is less, of on-water recovery capability that can be mobilized and on-scene within two hours of notification; ii. for infrequent transfers of non-persistent oil, the 3,125 barrel/day or 10% of the vessel's cargo capacity, whichever is less, on-water recovery capability requirement may be waived by application to the Administrator. The application for waiver must include a justification based on such factors as the location of the transfer point, proximity to response equipment, additional equipment in the immediate area, and the relative environmental sensitivity of the potential spill sites. (C) Sufficient containment equipment shall be brought to the scene of the spill to address the Daily Recovery Rates as designated in Subsection 818.02(e)(3)(B). (D) The standards set forth in Subsection 818.02(e)(3)(B), were increased by a factor of 25% on July 1, 1997. It was determined that this increase was feasible and necessary to meet the best achievable protection of the coast. (E) The standards set forth in Subsection 818.02(e)(3)(B) will be increased by a factor of 25% effective July 1, 2001, and again July 1, 2005, if it can be demonstrated that these increases are feasible and necessary in order to meet the best achievable protection of the coast. Prior to any such increase, the Administrator will conduct a review and hold a hearing as outlined below: 1. The Administrator shall conduct a review of the scheduled increase before the increase shall become effective. Results of this review shall be available in January of the year the increase would become effective. 2. Review of the standards shall include analysis of technological improvements, such as but not be limited to: equipment efficiency and design improvements; improved spill tracking capability; approved dispersants; bioremediation; and other prevention and response measures. 3. The Administrator shall conduct a public hearing prior to confirming the new standards to solicit input regarding the necessity of the proposed increase and any credits that may be allowed. (F) Transfer Operations Each plan holder shall own or have under contract the equipment, and shall have the personnel and procedures sufficient to contain a 50 barrel spill. These response resources shall be present on-site during all transfer operations and deployable immediately in the event of an oil spill. Response resources owned or under contract to the marine facility or vessel engaged in oil transfer operations may be used to meet this requirement. (4) Non-Cascadable Equipment Each plan shall nominate a certain amount of the recovery equipment identified in Subsection 818.02(e)(3) as non-cascadable, which may not be moved outside of the applicable risk zone. Non-cascadable equipment may not be moved in response to a spill outside of the risk zone without approval of the Administrator or the Federal On-Scene Coordinator (FOSC), through the Unified Command. During the Coastal Protection Review, the Administrator shall determine which among the nominated equipment shall be designated as non-cascadable equipment for the given risk zone. The final determination may not include equipment nominated from each plan. A contingency plan is not made invalid by the movement of non-cascadable equipment if such movement has been approved by the Administrator or the FOSC. The amount of recovery equipment that is non-cascadable is dependent upon the risk zone in which the equipment is to be located. The total amount required will be the lesser of the amount necessary to address the Response Planning Volume, or the amount specified as follows: (A) High Volume Ports and the Santa Barbara Channel Area: 10,000 barrels per day of recovery capability that can be mobilized within 2 hours of notification and on-scene within 12 hours. (B) Facility/Transfer Areas: 2,500 barrels per day of recovery capability that can be mobilized within 2 hours and on-scene within 12 hours. (5) On-Water Response Equipment and Services (A) Each plan shall demonstrate that the vessel has under contract or other approved means (as defined in Section 815.05(b) of this subchapter), access to all necessary equipment and services to comply with the Response Capability Standards for on-water containment and recovery established pursuant to Subsection 818.02(e)(3). The amount of response equipment required will take into account the derated capacity (as defined in Chapter 1, Section 790 of this subdivision) of the equipment. (B) The equipment identified for a specific area must be appropriate for use in that area given the limitations of the geography, bathymetry, water depths, tides, currents and other local environmental conditions. For those areas that require shallow-water response capability (refer to the relevant Coast Guard Area Contingency Plan), the plan shall provide for an adequate number of shallow-draft vessels (as defined in Section 815.05 of this subchapter) to be under contract and available to respond to provide shoreline protection of all sensitive sites identified in the trajectory analysis conducted as part of the Environmental Consequence Analysis. Additionally, the equipment identified shall also be appropriate for use on the type of oil identified. The following information must be provided: 1. the location, inventory and ownership of the equipment to be used to fulfill the response requirements of these regulations; 2. a complete inventory of any nonmechanical response equipment and supplies, including the type and toxicity of each chemical agent, with procedures for storage and maintenance; 3. the manufacturer's rated capacities and operational characteristics for each major item of oil recovery equipment; 4. the type and capacity of storage and transfer equipment matched to the skimming capacity of the recovery systems; 5. the derated capacity (as defined in Chapter 1, Section 790 of this subdivision) for each major piece of on-water recovery equipment listed, as well as the derated capacity for the skimming systems as a whole. i. A request may be submitted to the Administrator to review the derated capacity for a piece of equipment if it can be shown that the equipment has a different capacity than the derating factor allows. ii. The Administrator's decision regarding a change in the derated capacity for a piece of equipment will be issued as soon as administratively feasible. 6. vessels designated for oil recovery operations, including skimmer vessels and vessels designed to tow and deploy boom, and availability of shallow-draft vessels; 7. vessels of opportunity reasonably available for oil spill recovery operations, including availability of shallow-draft vessels, procedures to equip the vessels, inventory equipment, and train personnel; 8. pumping and transfer equipment for transferring oil from damaged structures, or from undamaged structures which might be at risk of discharging additional oil; 9. procedures for storage, maintenance, inspection and testing of spill response equipment under the immediate control of the operator; 10. necessary equipment to address bunkering and lightering operations, including: fendering equipment; transfer hoses and connection equipment; portable pumps; and any ancillary equipment necessary to off-load the vessel's largest cargo tank in 24 hours of continuous operation. These resources shall be capable of reaching the location in which the vessel operates within 12 hours; 11. a salvage company or program, in each area of operation, with appropriate expertise and equipment that may be contacted at the time of a spill if such services become necessary. This subsection (e)(5)(B)(11) shall remain in effect only until June 30, 2000, and as of that date is repealed, unless a later enacted regulatory action deletes or extends that date. Note:See related Subsection (m) of this section. 12. a procedure to call out private vessel firefighting capability that will respond to casualties in the area(s) in which the vessel will operate; and 13. sufficient equipment to track the movement of discharged oil including aerial surveillance sufficient to direct skimming operations. (C) Each plan shall describe the personnel available to respond to an oil spill, including: 1. a list by job category including a job description for each type of spill response position needed as indicated in the spill response organization scheme; 2. a match between personnel by job category, and the equipment proposed for use (including equipment appropriate for shallow-water environments), including the plan for mobilization of such personnel; and 3. sufficient personnel to maintain a response effort of at least 14 days. (D) A list of the spill management personnel and their relevant qualifications including a discussion of spill response training and experience, regulatory awareness and compliance, and supervision. (E) Each plan shall describe procedures for the transport of required equipment, personnel and other resources to the spill site. The description shall include plans for alternative procedures during adverse environmental conditions. Adverse environmental conditions to be considered shall include: 1. adverse weather; 2. sea states, tides, winds and currents; 3. presence of debris or other obstacles; and 4. any other known environmental conditions that could restrict response efforts. (F) Any equipment and personnel identified in the plan must be available for response. Any necessary maintenance for the equipment, vacation periods for response personnel, or other eventuality must be taken into account in relying upon these resources. 1. The equipment owner must notify the Administrator when major equipment is removed from service for a period of 24 hours or more for maintenance or repair. Major equipment is that which, if moved, would affect timely implementation of the plan. Notification must be made prior to removing equipment for regularly scheduled maintenance, and within 24 hours of removing equipment for unscheduled repairs. 2. The equipment owner must demonstrate that backup equipment is available during the time that the primary response equipment is out of service. Backup equipment may be provided from the owner's own inventory, or may be made available from another responder. 3. A plan shall remain valid during the time that equipment has been removed from service for maintenance or repair if the Administrator has approved such movement. (G) Vessels that carry Group 5 oils must provide information on response procedures and identify response equipment and resources to address the Response Planning Volumes. Such equipment shall include, but is not limited to the following: 1. sonar, sampling equipment, or other methods for locating the oil on the bottom or suspended in the water column; 2. containment boom, sorbent boom, silt curtains, or other methods to reduce spreading on the bottom; 3. dredges, pumps, or other equipment necessary to recover oil from the bottom; 4. equipment necessary to assess the impact of such discharges; and 5. any other appropriate equipment necessary to response to a discharge involving a group 5 oil. (6) On-Water Response and Recovery Strategies Utilizing the equipment that must be under contract, each plan shall describe methods to contain spilled oil and remove it from the environment. The equipment identified for a specific area must be appropriate for use in that area given the limitations of the bathymetry, geomorphology, shoreline types and other local environmental conditions. Additionally, the equipment identified shall be appropriate for use on the type of oil identified. The description shall include: (A) methods for on-water containment and removal of oil in open-water environments; (B) methods for adapting on-water containment and removal strategies in order to address the spill as it moves to the close-to-shore environment. This description shall include, where appropriate, methods for carrying out response operations and protection strategies on shallow-water environments, as identified in the trajectory analysis conducted as part of the Environmental Consequence Analysis. (C) The plan holder may propose the use of dispersants, in-situ burning, coagulants, bioremediants, or other chemical agents or non-mechanical methods for response operations. The use of any non-mechanical method for response must be done in accordance with provisions of the State Marine Oil Spill Contingency Plan, the National Oil & Hazardous Substances Pollution Contingency Plan, the applicable Regional Area Contingency Plan, and all applicable State laws and regulations. If a non-mechanical method of response is proposed, the plan shall include: 1. methods of deployment or application; 2. a description of the specific mechanisms in place to assess the environmental consequences of the chemical agent. This shall include the mechanism for continuous monitoring of environmental effects for the first three days after initial application, and periodic monitoring thereafter until the agent is inert or no longer operative; 3. identification of all permits, approvals or authorizations needed to allow the use of chemical agents or non-mechanical methods, and the timeline for obtaining them; 4. a plan for protecting resources at risk, areas of public concern and the public from any adverse effects of the chemical agents used; 5. the projected efficacy of each type of non-mechanical method proposed for use taking into account the type of spilled material and the projected environmental conditions of the potential spill site; and 6. upon request, the plan holder shall provide any test results known to the plan holder which assess the environmental impacts of applying these agents in the marine environment. (D) methods for tracking the movement of the discharged oil; and (E) locations of the weather stations to be used for observations of winds, currents and other data at the time of a spill that may assist in making real-time projections of spill movement. (f) Shoreline Protection and Cleanup Each plan must provide for shoreline protection and cleanup of all areas identified as potential spill sites in the Environmental Consequence Analysis. Each plan shall demonstrate that the vessel has access to all necessary equipment and services to address the Protection and Response Strategies appropriate to each shoreline that could potentially be impacted by a spill from the vessel. To determine the amount and type of shoreline protection and cleanup capability that must be under contract in each of these areas, each vessel owner/operator shall either: 1) demonstrate sufficient equipment and personnel to deploy and implement the shoreline protection strategies outlined in the appropriate ACP scenario(s), or; 2) calculate a Shoreline Response Planning Volume as outlined below: (1) Reasonable Worst Case Spill To calculate the planning volume, it is first necessary to determine the reasonable worst case spill for each vessel. The reasonable worst case spill is calculated as 25% of the vessel's total cargo capacity. (2) Persistence and Emulsification Factors (A) The reasonable worst case spill volume is then multiplied by a persistence factor relative to the most persistent type of oil that may be spilled. The persistence factors relative to the type of oil spill, are specified below: ----------------------------------------------------- ----------------------------------------------------- Oil Group Group 1 Group 2 Group 3 Group 4 ----------------------------------------------------- Shoreline Volumes .10 .30 .50 .70 ----------------------------------------------------- ----------------------------------------------------- (B) Emulsification Factors The volume determined from the calculation above is then multiplied by one of the following emulsification factors, again, based on the type of oil. -------------------------------------------------- -------------------------------------------------- Oil Group Group 1 Group 2 Group 3 Group 4 -------------------------------------------------- Emulsification 1.0 1.8 2.0 1.4 -------------------------------------------------- -------------------------------------------------- (C) Total Shoreline Equipment Required The total determined by this calculation is a Response Planning Volume. 1. The Response Planning Volume to be used to determine the amount of Response Equipment and Services required that must be under contract shall be the greater of the amount determined in Subsections 818.02(f)(1) - (2) or the Adjusted Planning Volume calculated for On-Shore Recovery Volume for the Nearshore/Inland Environment in the vessel's federal response plan prepared pursuant to 33 CFR, Part 155, Appendix B. 2. The calculations used to determine the Response Planning Volume shall be included in the plan. (3) Shoreline Protection Equipment and Services Each plan must identify, and ensure availability through a contract or other approved means (as defined in Section 815.05(b) of this subchapter), an oil spill response organization capable of effecting shoreline protection strategies. Such protection strategies must be commensurate with the Shoreline Response Planning Volume, calculated for potential shoreline impact, and must be capable of addressing all appropriate Protection, Response and Clean-Up Strategies. The specific areas where equipment and services must be available for use shall be identified in the Environmental Consequence Analysis. (A) The equipment identified for a specific area must be appropriate for use in that area given the limitations of the bathymetry, geomorphology, shoreline types and other local environmental conditions. Additionally, the equipment identified shall be appropriate for use on the type of oil identified. The following information must be provided: 1. the amounts of all protective booming, shallow-draft vessels, and shoreline cleanup equipment necessary to address the specific types of shorelines that may be impacted; 2. the location, inventory and ownership of the equipment to be used to fulfill the response requirements; and 3. the procedures for storage, maintenance, inspection and testing of spill response equipment under the immediate control of the operator. (B) Each plan shall describe the personnel available to respond to an oil spill, including: 1. a list by job category including a job description for each type of spill response position needed as indicated in the spill response organization scheme; 2. a match between personnel, by job category and the equipment proposed for use (including equipment appropriate for shallow-water environments), including the plan for mobilization of such personnel; and 3. sufficient personnel to maintain a response effort of at least 14 days. (C) Any equipment and personnel identified to meet the planning standard requirements must be available for response. Any necessary maintenance for the equipment, vacation periods for response personnel, or other eventuality must be taken into account in relying upon these resources. 1. The equipment owner must notify the Administrator when major equipment is removed from service for a period of 24 hours or more for maintenance or repair, if such movement would affect timely implementation of the plan. Notification must be made prior to removing equipment for regularly scheduled maintenance, and within 24 hours of removing equipment for unscheduled repairs. 2. The equipment owner must demonstrate that backup equipment is available during the time that the primary response equipment is out of service. (4) Shoreline Protection Capability Standards (A) Each plan must provide sufficient diversionary and protective boom and any other shoreline protection equipment. The amount of such equipment may be determined from information provided in the applicable Area Contingency Plan, and shall be available as follows: 1. within 30 minutes after notification, the equipment must be available for immediate delivery and deployment; and 2. the equipment must be available to protect the environmental, economic or culturally sensitive shoreline areas identified by the Environmental Consequence Analysis. To protect these sites, the equipment must be capable of being deployed and operable in 2 hours or, if determined, by the times established by the trajectory analysis conducted pursuant to Section 818.02(d)(2)(A)(1) as part of the Environmental Consequence Analysis. (B) As part of the Coastal Protection Review, the Administrator may also use information provided in the vessel's federal response plan to determine whether there is sufficient shoreline protection capability in each Geographic Region. (5) Shoreline Protection and Clean-Up Strategies (A) Utilizing the equipment that must be under contract, each plan shall describe methods to contain spilled oil and remove it from the environment. The equipment identified for a specific area must be appropriate for use in that area given the limitations of the bathymetry, geomorphology, shoreline types and other local environmental conditions. Additionally, the equipment identified shall be appropriate for use on the type of oil identified. The description shall include: 1. all shoreline protection procedures and oil diversion and pooling procedures for the close-to-shore environment. These procedures shall include, where appropriate, methods for carrying out response operations and clean-up strategies in shallow-water environments, as identified in the trajectory analysis conducted as part of the Environmental Consequence Analysis; 2. methods for shoreside cleanup, including containment and removal of surface oil, subsurface oil and oiled debris and vegetation from all applicable shorelines, adjacent land and beach types; and 3. measures to be taken to minimize damage to the environment from land operations during a spill response, such as impacts to sensitive shoreline habitat caused by heavy machinery or foot traffic. (B) Protection, response and clean-up strategies will be specific to the type of oil spilled, and the expected spill impact sites as identified in the Environmental Consequence Analysis, and the resources at risk at those spill sites. (C) Each plan must utilize all the strategies appropriate to the potential impact sites. (g) Response Procedures (1) Each plan shall describe the organization of the vessel's spill response system and management team. An organizational diagram depicting the chain of command shall also be included. Additionally, the plan shall describe the method to be used to integrate the plan holder's organization into the State Incident Command System and/or the Unified Command Structure as required by Title 8, California Code of Regulations, Subsection 5192(p)(8)(D)(2). (A) The plan holder may utilize the procedures outlined in the appropriate Area Contingency Plan when describing how the vessel's chain of command will interface with the State Incident Command System which utilizes the Unified Command. (B) Each plan shall describe the organization of the plan holder's public information office, as it relates to an oil spill incident, and the method by which the Information Officer will be integrated into the State Incident Command System. (C) Each plan shall describe the plan holder's safety program, as it relates to an oil spill incident, and the method by which their Safety Officer will be integrated into the State Incident Command System. (2) Each plan shall describe the process to establish sites needed for spill response operations, including location or location criteria for: (A) a central command post sufficient to accommodate the State Incident Command or Unified Command as well as the plan holder's response organization; (B) a central communications post if located away from the command post; and (C) equipment and personnel staging areas. (3) Each plan shall include a checklist, flowchart or decision tree depicting the procession of each major stage of spill response operations from spill discovery to completion of cleanup. The checklist, flowchart or decision tree shall describe the general order and priority in which key spill response activities are performed. (4) Each plan shall describe how the owner/operator will provide onboard emergency services before the arrival of local, state or federal authorities on the scene, including: (A) procedures to control fires and explosions, and to rescue people or property threatened by fire or explosion; (B) procedures for emergency medical treatment and first aid; and, (C) procedures to provide the required personnel protective gear for responders. (5) Each plan shall describe equipment and procedures to be used by vessel personnel to minimize the magnitude of a spill and minimize structural damage which may increase the quantity of oil spilled. (6) Each plan shall detail the lines of communications between the responsible party, the Qualified Individual and the on-scene commanders, response teams, local, state, and federal emergency and disaster responders, including: (A) communication procedures; (B) the communication function (e.g., ground-to-air) assigned to each channel or frequency used; (C) the maximum broadcast range for each channel or frequency used; and (D) redundant and back-up systems. (7) Each plan shall provide for post-spill review, including methods to review both the effectiveness of the plan and the need for plan amendments. (A) The result of the review shall be forwarded to the Administrator within 90 days following the completion of response and cleanup procedures. (B) The review shall be used by the Administrator only for the purposes of proposing future amendments to the contingency plan. (8) Each plan shall describe the procedures to manage access to the spill response site, the designation of exclusion, decontamination and safe zones, and the decontamination of equipment and personnel during and after oil spill response operations, as required by the California Occupational Safety and Health Administration. (9) Prior to beginning oil spill response operations and clean up activities, a Site Safety Plan must be completed. Each plan shall include information as required pursuant to Title 8, Section 5192(b)(4)(B) of the California Code of Regulations including, but not limited to, a written respiratory protection program, written personal protection equipment program, written health and safety training program, written confined space program and permit forms, direct reading instrument calibration logs, and written exposure monitoring program. (h) Notification Procedures (1) Each plan shall include a list of contacts to call in the event of a drill, threatened discharge of oil, or discharge of oil. The plan shall: (A) identify a central reporting office or individual who is responsible for initiating the notification process and is available on a 24-hour basis. The following information must be provided: 1. the individual or office to be contacted; 2. telephone number or other means of contact for any time of the day; and 3. an alternate contact in the event the individual is unavailable. (B) detail the procedures for reporting oil spills to all appropriate local, state and federal agencies within each of the 6 Geographical Regions that the vessel transits; (C) establish a clear order of priority for notification. (2) Immediate Notification Nothing in this section shall be construed as requiring notification before response. (A) Each plan shall include a procedure for contacting the primary OSRO in each of the six Geographic Regions that the vessel transits within 30 minutes of the discovery of a discharge of oil or threatened discharge of oil. (B) Each plan shall include a procedure that ensures that the owner/operator or his/her designee will initiate contact with the Qualified Individual, the California Governor's Office of Emergency Services and the National Response Center immediately, but no longer than 30 minutes, after discovery of a discharge of oil or threatened discharge of oil. (C) Each plan shall include all phone numbers necessary to complete the immediate notification procedures. (3) Each plan shall identify a call-out procedure to acquire the resources necessary to address spills that cannot be addressed by the equipment that the owner/operator is required to have under contract. Procedures must allow for initiation of the call-out within 24 hours of the incident and must begin as soon as a determination has been made that additional resources are necessary. (4) Each plan shall provide a checklist of the information to be reported in the notification procedures, including but not limited to: (A) vessel name, country of registry, call sign, and official number; (B) location of the incident; (C) date and time of the incident; (D) course, speed and intended track of the vessel; (E) the nature of the incident; (F) an estimate of the volume of oil spilled and the volume at immediate risk of spillage; (G) the type of oil spilled, and any inhalation hazards or explosive vapor hazards, if known; (H) the size and appearance of the slick; (I) prevailing weather and sea conditions; (J) actions taken or planned by personnel on scene; (K) current condition of the vessel; (L) injuries and fatalities; and (M) any other information as appropriate. (5) Reporting of a spill as required by Section 818.02(h)(2) shall not be delayed solely to gather all the information required by Subsection 818.02(h)(4). If the required information is not available, the plan shall specify how the information will be obtained. (6) An updated estimate of the volume of oil spilled and the volume at immediate risk of spillage shall be reported to the California Governor's Office of Emergency Services whenever a significant change in the amount reported occurs, but not less than every 12 hours within the first 48 hours of response. The State Incident Commander and/or the Federal On-Scene Coordinator through the Unified Command shall have the option of increasing or decreasing this timeframe, as needed. Updated spill volume information included in the Incident Action Plan developed through the United Command will meet the requirements of this subsection. (i) Temporary Storage and Waste Management: (1) Each plan shall identify sufficient temporary storage for all recovered oil or all oily waste, and identify facilities that would be able to accept the recovered oil or oily waste for recycling or other means of waste management. Sufficient storage shall be no less than two times the calculated Response Planning Volume up to the Daily Recovery Rate as determined in Subsection 818.02(e)(3)(B). (A) To meet the temporary storage requirement described in Subsection (1) above, the following amounts of storage shall be dedicated response resources (as defined in Section 815.05(c) of this subchapter) or OSRO-owned and controlled response resources (as defined in Section 815.05(k) of this subchapter), as applicable to the appropriate risk zone: Sufficient storage to support the skimming systems shall be brought to the scene of the spill during the first four hours of response: 520 barrels of storage, or 20% of the reasonable worst case oil spill volume, whichever is less, shall be brought to the scene of the spill within four hours, of notification of a spill; 12,000 barrels, or two times the reasonable worst case oil spill volume, whichever is less, shall be available at the scene of the spill within 6 hours of notification of a spill. The balance of the temporary storage requirement described in Subsection (1) above, may be provided by nondedicated storage resources. All skimming systems operating at the scene of a spill shall have adequate storage. (2) Each plan shall identify the party that shall maintain responsibility for recovered oil and oily waste for the purposes of temporary storage. (3) Each plan shall describe site criteria and methods used for temporary storage of recovered oil and oily wastes generated during response and cleanup operations, including known available sites. (4) Each plan shall identify all applicable permits, and all federal, state and local agencies responsible for issuing those permits for transit, temporary storage and ultimate waste management of all wastes likely to result from an oil spill. (5) Each plan shall include information which could expedite the state approval process for the use of temporary waste storage sites, including a list of appropriate contacts and a description of procedures to be followed for each approval process. (j) Oiled Wildlife Care Requirements Each plan shall describe how oiled wildlife care will be provided by one of the following approved means: (1) Utilize the California Oiled Wildlife Care Network (OWCN) to meet oiled wildlife care requirements; or (2) describe procedures that clearly outline how oiled wildlife care will be provided. The equipment, facilities, and personnel necessary to implement these procedures must be identified and assured by contract for each Geographic Area covered by the plan. Standards for wildlife care must comply with all applicable State and federal laws. (k) Training (1) Each plan shall provide that all appropriate personnel directly responsible to the owner/operator shall receive training in the use and operation of oil spill response and cleanup equipment. The plan shall describe: (A) the type and frequency of training that each individual in a spill response position receives to achieve the level of qualification demanded by their job description; (B) the procedures, if any, to train and use volunteers or other additional personnel in spill response operations as necessary for the size of the spill. (2) Each plan shall describe the type and frequency of personnel training on methods to reduce operational risks. The description of the training shall include if applicable, the following: (A) the means of achieving any established training objectives, such as: 1. training programs for each position involved with the various aspects of the operation that could result in a spill (e.g., position responsible for vessel inspections or transfers); 2. a training schedule, including adequate frequency, (e.g., initial training upon hire and annual refresher training) and type of training (workshops, classroom, videotape, on-the-job training, etc.) for each position trained; (B) licenses, certifications or other prerequisites to hold particular jobs. (3) Each plan shall provide for safety training as required by state and federal health and safety laws for all personnel likely to be engaged in oil spill response, including a program for training non-permanent responders, such as volunteers or temporary help. (4) The vessel owner/operator shall ensure that training records are maintained for three years. All such documentation must be made available to the Administrator upon request. (l) Drills and Exercises -Type and Frequency (1) A vessel owner/operator shall conduct drills and exercises as necessary to ensure that the elements of the plan will function in an emergency. Each plan shall describe the vessel's drill and exercise program, including how the plan assures shoreline protection strategies (for all environmentally sensitive sites identified as potentially impacted in the vessel's Environmental Consequence Analysis) will be exercised, as outlined in Section 820.01(f) of this subdivision. The following are the necessary drill and exercise frequencies for all vessels, as consistent with the National Preparedness for Response Exercise Program (PREP): (A) manned-vessel onboard emergency procedures and Qualified Individual notification drills shall be conducted quarterly; (B) unmanned-barge emergency procedures and Qualified Individual notification drills shall be conducted quarterly; (C) a shore-based spill management team tabletop exercise shall be conducted annually; (D) oil spill response organization field equipment deployment exercises shall be conducted at least once every three years. (2) Training sessions may constitute creditable drills and exercises if all requirements of Subsections 820.01(b) through (f) are met. Onboard emergency procedure drills conducted aboard the vessel and properly logged may be credited. (3) Drills shall be designed by the vessel owner/operator to exercise either components of or the entire response plan. Such drills, individually or in combination, shall ensure that the entire plan is exercised at least once every three years. (4) The vessel owner/operator shall maintain adequate records of drills and exercises, for a period of at least three years, to include the following: (A) all drills and exercises conducted aboard the vessel shall be documented in the ship's log; (B) records of any off-vessel drills and exercises of the response organization and resources identified in the contingency plan shall be maintained at the United States location of either the Qualified Individual or the vessel owner/operator. Contingency plans should indicate the location of these records. Note:Evaluation and credit criteria for drills and exercises are described in Section 820.01 of this subchapter. (m) Salvage Equipment and Services: (1) Notification Requirements: Any party responsible for a vessel as defined in this subdivision shall notify the Coast Guard within one hour of a disability if the disabled vessel is within 12 miles of the shore of the state, pursuant to the requirements of Government Code Section 8670.20(b). (2) Salvage Equipment and Services: The following provisions will become effective July 1, 2000, unless repealed. The equipment and service provisions shall be repealed if comparable salvage requirements are implemented through the ACP planning process and submitted to the Administrator for review and approval, prior to July 1, 2000. The Administrator can extend the implementation date of this section for 120 days if implementation of any of the ACP's is delayed and it appears that such an extension would serve the intent of this subsection. Salvage means all services rendered to save a vessel and cargo from any marine peril that could reasonably cause a discharge of oil into the marine waters of the state, and includes those actions necessary to control or stabilize the vessel or cargo. (A) All vessels required to have a contingency plan pursuant to Section 818.01(a) must demonstrate sufficient salvage capability as outlined in this section; (B) Availability of the following salvage equipment and services shall be demonstrated by sufficient in-house capability or a signed, valid contract with a salvage company or program. Any company or program secured by contract must have the appropriate expertise, and all required equipment ready and available to respond in the timeframes specified in this section. Timeframes are determined from the time the Coast Guard is notified that the vessel is disabled; 1. within 12 hours of notification; (i) a support vessel of the appropriate size, configuration, and operating capability to ensure stabilization of a disabled vessel. The support vessel must be capable of reaching the vessel before the vessel would run aground. In determining the time it would take for a vessel to run aground, an estimate shall be made based on the drift rate in the worst case weather assuming the complete loss of power and steerage; (ii) a professional salvor or salvage supervisor who shall be familiar with the capabilities of the salvage company, and the salvage, stability, and hull stress assessments of the vessel. These assessments shall be developed pursuant to the shipboard spill mitigation procedures as set forth in 33 CFR, Part 155.1035(c)). A professional salvor or salvage supervisor is someone who has the appropriate training and/or experience necessary to supervise any salvage operation appropriate for the vessel being serviced; (iii) a private vessel firefighting capability that will respond to casualties in the area(s) in which the vessel will operate. This capability shall be a supplement to the firefighting capability on board the vessel; (iv) necessary equipment to address lightering operations, including: fendering equipment; transfer hoses and connection equipment; portable pumps; and any ancillary equipment necessary to off-load the vessel's largest cargo tank in 24 hours of continuous operation; (v) dewatering pumps, hoses, and power supplies sufficient to maintain vessel stability and prevent sinking. (2) within 18 hours of notification, and to the extent necessary to avoid a pollution incident; (i) resources for shoring, patching or making other emergency, temporary repairs to correct structural, stability, or mechanical problems on the vessel; (ii) equipment necessary to tow an incapacitated vessel to a safe haven. (C) The following salvage equipment and services shall be made available within 48 hours of notifying the Coast Guard, to the extent necessary to avoid a pollution incident; (1) harbor clearance capability; (2) deep water search and recovery capability; (3) equipment necessary to refloat a vessel from a stranding; (4) wreck removal capability. Note: Authority cited: Sections 8670.7, 8670.10, 8670.28, 8670.29 and 8670.30, Government Code. Reference: Sections 8670.7, 8670.10, 8670.20, 8670.25.5, 8670.27, 8670.28, 8670.30, 8670.31 and 8670.37.51, Government Code. s 818.03. Vessels Carrying Oil As Secondary Cargo (VCOASC) Plan Content. To the degree the information required by Subsections 818.03(b) through (l) exists elsewhere, copies of the pre-existing information may be submitted. If the information provided is not sufficient to meet the requirements of this subchapter, additional information may be requested by the Administrator. (a) Introductory Material (1) Each plan shall provide the following information for each vessel carrying oil as secondary cargo (VCOASC, as defined in Section 790 of this subdivision) covered by the plan: (A) the vessel's name, country of registry, call sign, and official identification number; (B) name, address and phone number of the owner and/or operator of the vessel(s). This information shall be referenced in the plan title or on a title page at the front of the plan; (C) the name, address and phone number of the person to whom correspondence should be sent; (D) a certification statement signed under penalty of perjury by an executive within the plan holder's management who is authorized to fully implement the oil spill contingency plan who shall review the plan for accuracy, feasibility, and executability. If this executive does not have training, knowledge and experience in the area of oil spill prevention and response, the certification statement must also be signed by another individual within the plan holder's management structure who has this requisite training, knowledge, and experience. The certification shall be submitted according to the following format; "I certify, to the best of my knowledge and belief, under penalty of perjury under the laws of the State of California, that the information contained in this contingency plan is true and correct and that the plan is both feasible and executable." __________(signature), (title), (date); (E) a copy of the California Certificate of Financial Responsibility (COFR) for the vessel(s) covered by the plan shall be included in the front of the plan, or for fleet plans shall be indexed separately in a subsection of the plan. (2) Each plan shall identify a Qualified Individual, as defined in Chapter 1, Section 790 of this subdivision, and any alternates that may be necessary for the purpose of implementing the plan. If an alternate or alternates are identified in the plan, then the plan shall also describe the process by which responsibility will be transferred from the Qualified Individual to an alternate. During spill response activities, notification of such a transfer must be made to the State Incident Commander at the time it occurs. (3) Each plan shall provide the name, address, telephone number and facsimile number of an agent for service of process designated to receive legal documents on behalf of the plan holder. Such agent shall be located in California. (4) Each plan shall contain a copy of the contract or other approved means (as defined in Section 818.05(b) of this subchapter), verifying that any oil spill response organization(s) that are named in the plan will provide the requisite equipment and personnel in the event of an oil spill. Plan holders shall only contract with an OSRO(s) that has received a Rating by OSPR (as specified in Section 819 of this subchapter) for the booming, on-water recovery and storage, and shoreline protection services required. (b) VCOASC Description (1) Each plan shall describe the vessel's design and operations with specific attention to those areas from which a spill could reasonably be expected to impact the marine waters of California. This description shall include, at a minimum, the following information: (A) a piping and tank diagram including the location of valves, vents and lines; the age, design, and construction of the vessel; the range of oil products normally carried in each structure; and safety equipment; (B) a description of the types, physical properties, health and safety hazards and maximum storage or handling capacity of the oil or product carried. A material safety data sheet (MSDS) or equivalent will meet this requirement and can be maintained separately aboard the vessel providing the plan identifies its location; (C) the vessel's classification, hull type, gross registered tonnage (GRT), oil cargo capacity, length, draft and beam. (c) Prevention Measures (1) Each plan holder shall take all appropriate prevention measures designed to reduce the possibility of an oil spill occurring as a result of allisions, collisions, groundings, explosions or operator error during the operation of the VCOASC. Each plan shall include a summary of the policies, programs, guidelines and/or procedures designed to implement the following: (A) methods to reduce spills during transfer and storage operations, including overfill prevention measures, and immediate spill containment provision. Any information developed in compliance with Title 33 CFR, Parts 154 and 156 may be substituted for all or part of any comparable prevention measures required by this subsection; (B) procedures to assure clear communication among all the parties involved during transfer operations; (C) use of vessel traffic service systems where available; (D) procedures to be used to avoid the known navigational hazards. (E) Where a plan holder's VCOASC is engaged in transfer operations at a facility subject to Public Resources Code 8755, and the plan holder is in compliance with State Lands Commission regulations for oil transfer operations, the plan holder shall be considered in compliance with the provisions of this subsection. (F) The plan holder shall provide additional relevant information to the Administrator upon request. (2) Each plan shall also provide a summary of those prevention measures, or operational policies, guidelines and procedures which are currently in place to meet the requirements of other International, Federal, State or local agencies. Each plan shall also summarize any other prevention measures being utilized by VCOASC personnel. The list of existing prevention measures shall include, but not be limited to, the following: (A) a description of any "risk reduction incentive programs". A risk reduction incentive program is one designed to reduce factors leading to technical and human error, such as programs that reward accident-free periods in the workplace; (B) a description of leak detection and spill prevention safety and alarm systems, devices, equipment or procedures; (C) a description of automatic controls that can be operated remotely or pre-programmed to control normal processes, safety shutdown and emergency shutdown; (D) a description of the alcohol and drug testing programs for key personnel; (E) those measures implemented in compliance with regulations adopted by the State Lands Commission under Public Resources Code 8755 governing operations of a vessel while at a marine terminal; (F) any additional prevention measures taken or contemplated to minimize the possibility of oil spills; (G) a description of any security measures. (H) The plan holder shall provide additional relevant information to the Administrator upon request. (3) At the time the initial contingency plan is submitted, the owner/operator shall either submit a Certificate Of Inspection (COI) issued by the USCG or a certificate issued by a member of the International Association of Classification Societies certified by the International Maritime Organization (IMO) of the most recent vessel inspection, or verify that the vessel has such a certificate and that the certificate is available for review. (4) The owner/operator shall also submit a Safety Management Certificate to demonstrate compliance with the performance elements in the International Safety Management (ISM) Code subject to IMO Resolution A.741(18), or shall submit proof of compliance with the American Waterways Operators (AWO) Responsible Carrier Program, if applicable. (d) Planning for the Location of Response Resources The owner/operator must be prepared to respond to a spill anywhere within the marine waters of California. To determine the regions in which response equipment and personnel must be available it is first necessary to determine those areas of likely spill impact, as follows; (1) Navigational Hazard Analysis Each plan holder must conduct a Navigational Hazard Analysis for those areas the VCOASC transits within the marine waters of California. Some of the information required in this subsection may be drawn from the appropriate Area Contingency Plans (completed by the Coast Guard, State Agencies, and Local Governments pursuant to the Oil Pollution Act of 1990), Coast Pilot 7, National Ocean Survey charts or the appropriate Harbor Safety Plans completed by the local Harbor Safety Committees. If information is available, the plan holder may make reference to that information (i.e., specify where the information can be found) and does not need to duplicate it in the plan. Such an analysis shall include the following; (A) a description of the VCOASC's normal routes of travel including a list of each of the six Geographic Regions that the vessel transits along these routes; (B) an analysis of the navigational hazards along the vessel's normal routes of travel. This analysis shall be specific to each of the six Geographic Regions, where applicable. The plan shall include the following summary of the results of this analysis: 1. identify those hazards such as bars, off-shore structures, harbor entrances, areas of significant traffic congestion, hazards specific to the regular ports of call, and hazards associated with principal transfer operations; 2. a review, based on proximity to shore and the availability of stand-by towing and/or other support capability, of those situations where a loss of power, navigational ability or other significant incidents may result in groundings, collisions, strandings, or explosions. (C) Each plan shall provide historical information on significant spills from the VCOASC including the vessel while operated under different names by the current owner, and to the extent known, by prior owners and under different names. As used in this section, a significant spill is one which had an impact on the marine waters of the state, or caused the physical layout of the vessel or the vessel's operations procedures to be modified. This information shall include: 1. a written description of the spill event(s); 2. the cause of any historical spill, including operator error, or a failure analysis of the system or subsystem in which the failure occurred; 3. a brief summary of the impact of the spill(s); 4. a description of the corrective actions taken in response to any and all spills included in the historical data. (2) Environmental Consequence Analysis (A) For the significant hazards identified in the Navigational Hazard Analysis, the VCOASC shall conduct a trajectory analysis to determine the environmental consequences of an oil spill. This analysis shall apply to the reasonable worst case spill volume and shall assume pessimistic water and air dispersion and other adverse environmental conditions. This analysis is intended to be used as the basis for determining those areas and shoreline types for which response strategies must be developed. Some of the information required in this subsection may be drawn from the appropriate Area Contingency Plans completed by the Coast Guard, State Agencies, and Local Governments pursuant to the Oil Pollution Act of 1990. If information is available, the plan holder may make reference to that information (i.e., specify where the information can be found) and does not need to duplicate it in the plan. The analysis shall include at least the following: 1. a trajectory to determine the potential direction, rate of flow and time of travel of the reasonable worst case oil spill from the vessel to the shorelines, including shallow-water environments, that may be impacted. For purposes of this requirement, a trajectory or trajectories (projected for a minimum of 72 hours) that determine the outer perimeter of a spill, based on regional extremes of climate, tides, currents and wind with consideration to seasonal differences, shall be sufficient; 2. for each probable shoreline that may be impacted, a discussion of the general toxicity effects and persistence of the discharge, based on type of product; the effect of seasonal conditions on sensitivity of these areas; and an identification of which areas will be given priority attention if a spill occurs. (3) Resources at Risk from Oil Spills Based on the trajectory of the spilled oil, as determined in the Environmental Consequence Analysis, each plan shall identify the environmentally, economically and culturally sensitive areas that may be impacted. Each plan shall identify and provide a map of the locations of these areas. Some of the information required in this subsection may be drawn from the appropriate Area Contingency Plans completed by the Coast Guard, State Agencies, and Local Governments pursuant to the Oil Pollution Act of 1990. If information is available, the plan holder may make reference to that information (i.e., specify where the information can be found) and does not need to duplicate it in the plan. (A) The map of environmentally sensitive areas shall include: 1. shoreline types and associated marine resources; 2. the presence of migratory and resident marine bird and mammal migration routes, and breeding, nursery, stopover, haul-out, and population concentration areas by season; 3. the presence of aquatic resources including marine fish, invertebrates, and plants including important spawning, migratory, nursery and foraging areas; 4. the presence of natural terrestrial animal and plant resources in marine-associated environments; 5. the presence of state or federally-listed rare, threatened or endangered species; and 6. the presence of commercial and recreational fisheries including aquaculture sites, kelp leases and other harvest areas. (B) The map of the locations of economically and culturally sensitive areas shall indicate: 1. public beaches, parks, marinas, boat ramps and diving areas; 2. industrial and drinking water intakes, power plants, salt pond intakes, and other similarly situated underwater structures; 3. intertidal and subtidal drilling leases; 4. known historical and archaeological sites. If a plan holder has access to any confidential archaeological information, it must be submitted as a separate item and will be handled as confidential information as outlined in Subsection 816.01(d); 5. areas of cultural or economic significance to Native Americans; and 6. major waterways and vessel traffic routes that are likely to be impacted. (e) On-Water Containment and Recovery Each plan must provide for the on-water containment and recovery of all potential spills from the VCOASC that could reasonably be expected to impact the marine waters of California. Additionally, each plan must also demonstrate response capability sufficient to address potential spills in each Geographic Region through which the vessel may transit. To determine the amount of containment and recovery capability that must be available, each vessel must calculate a Response Planning Volume as outlined below: (1) Reasonable Worst Case Spill To calculate the Response Planning Volume, it is first necessary to determine the reasonable worst case spill for each vessel. The reasonable worst case spill is calculated as 30% of the vessel's total cargo capacity of petroleum products. (2) Persistence and Emulsification Factors (A) The reasonable worst case spill volume is then multiplied by a persistence factor relative to the most persistent type of oil that may be spilled. The persistence factors relative to the type of oil spilled, are specified below: ---------------------------------------------------- ---------------------------------------------------- Oil Group Group 1 Group 2 Group 3 Group 4 ---------------------------------------------------- On-Water Volumes .20 .50 .50 .50 ---------------------------------------------------- ---------------------------------------------------- (B) Emulsification Factors: The volume determined from the calculation above is then multiplied by one of the following emulsification factors, again, based on the type of oil. -------------------------------------------------- -------------------------------------------------- Oil Group Group 1 Group 2 Group 3 Group 4 -------------------------------------------------- Emulsification 1.0 1.8 2.0 1.4 -------------------------------------------------- -------------------------------------------------- (C) Response Planning Volume The total determined by this calculation is a Response Planning Volume. 1. The Response Planning Volumes to be used to determine the amount of equipment and services required shall be the greater of the amount necessary to address the Response Planning Volume as calculated in Subsections 818.03(e)(1) - (2) or the Planning Volume for On-water Recovery for Inland/Near-shore Environment calculated for the vessel's federal response plan prepared pursuant to 33 CFR, Part 155.1045. The Planning Volume for On-water Recovery is the Adjusted Volume from the federal calculations determined prior to establishing response tiers utilizing the mobilization factors. 2. The calculations used to determine the Response Planning Volume shall be included in the plan. (3) Response Capability Standards The equipment and personnel necessary to address the Response Planning Volume is brought to the scene of the spill over a period of time. The timeframes are dependent upon the risk zone in which the VCOASC is located. The standards set forth in this section are only planning standards and may not reflect the exigencies of actual spill response. However, these are the standards that must be used to determine the amount of equipment and personnel that must be under contract. Equipment in addition to that under contract must be identified and a call-out procedure in place to access this equipment if the VCOASC has a spill that exceeds these planning standards. The owner/operator is ultimately responsible for addressing the entire volume of an actual spill regardless of the planning standards. (A) Total Equipment Required 1. The total amount of on-water containment and recovery equipment and services required shall be the amount necessary to address the Response Planning Volume determined in Subsection 818.03(e)(2)(C), as follows: i. VCOASC that transit in High-Volume Ports shall have sufficient on-water containment and recovery equipment and services to respond to 10% of the calculated Response Planning Volume (as calculated in Sections 818.03(e)(1)- (2)) at the scene of the spill within two hours. There shall be sufficient on-water containment and recovery equipment and services to respond to the remaining Response Planning Volume within 12 hours. ii. VCOASC operating in Facility/Transfer areas or the Santa Barbara Channel area shall have sufficient on-water containment and recovery equipment and services to respond to 10% of the calculated Response Planning Volume (as calculated in Sections 818.03(e)(1)-(2)) at the scene of the spill within 12 hours. There shall be sufficient on- water containment and recovery equipment and services to respond to the remaining Response Planning Volume within 36 hours. iii. VCOASC that transit along the Balance of the Coast shall have sufficient on-water containment and recovery equipment and services to respond to 10% of the calculated Response Planning Volume (as calculated in Sections 818.03(e)(1)-(2)) at the scene of the spill within 18 hours. There shall be sufficient on-water containment and recovery equipment and services to respond to the remaining Response Planning Volume within 36 hours. (4) Transfer Operations Each VCOASC owner/operator shall own or have under contract the equipment, and shall have personnel and procedures sufficient to contain 10% of the Response Planning Volume or 50 bbls., whichever is less. These response resources shall be present on-site during all transfer operations and deployable immediately in the event of an oil spill of persistent oil (i.e., Group 2, 3, 4, or 5). Response resources owned or under contract to the marine facility or vessel engaged in oil transfer operations may be used to meet this requirement. (5) On-Water Response Equipment and Services (A) Each plan shall demonstrate that the VCOASC has under contract or other approved means (as defined in Section 815.05(b) of this subchapter) access to all necessary equipment and services to comply with the Response Capability Standards for on-water containment and recovery established pursuant to Subsection 818.03(e). The amount of response equipment required will take into account the derated capacity (as defined in Chapter 1, Section 790 of this subdivision) of the oil recovery equipment. (B) The equipment identified for a specific area must be appropriate for use in that area given the limitations of the geography, bathymetry, water depths, tides, currents and other local environmental conditions. For those areas that require shallow-water response capability (refer to the relevant Coast Guard Area Contingency Plan), the plan shall provide for an adequate number of shallow-draft vessels (as defined in Section 815.05 of this subchapter) to be under contract and available to respond to provide shoreline protection of all sensitive sites identified in the trajectory analysis conducted as part of the Environmental Consequence Analysis. Additionally, the equipment identified shall also be appropriate for use on the type of oil identified. The following information must be provided: 1. the location, inventory and ownership of the equipment to be used to fulfill the response requirements of this subchapter; 2. the manufacturer's rated capacities and operational characteristics for each major item of oil recovery equipment; 3. the type and capacity of storage and transfer equipment matched to the skimming capacity of the recovery systems; 4. the derated capacity (as defined in Chapter 1, Section 790 of this subdivision) for each major piece of on-water recovery equipment listed, as well as the derated capacity for the skimming systems as a whole. i. A request may be submitted to the Administrator to review the derated capacity for a piece of equipment if it can be shown that the equipment has a different capacity than the derating factor allows. ii. The Administrator's decision regarding a change in the derated capacity for a piece of equipment will be issued as soon as administratively feasible. 5. vessels designated for oil recovery operations, including skimmer vessels and vessels designed to tow and deploy boom; 6. pumping and transfer equipment for transferring oil from damaged structures, or from undamaged structures which might be at risk of discharging additional oil; 7. procedures for storage, maintenance, inspection and testing of spill response equipment under the immediate control of the operator; (6) On-Water Response and Recovery Strategies Utilizing the equipment that must be under contract, each plan shall describe methods to contain spilled oil and remove it from the environment. The equipment identified for a specific area must be appropriate for use in that area given the limitations of the bathymetry, geomorphology, shoreline types and other local environmental conditions. Additionally, the equipment identified shall be appropriate for use on the type of oil identified. The description shall include: (A) methods for on-water containment and removal of oil in open-water environments; (B) methods for adapting on-water containment and removal strategies in order to address the spill as it moves to the close-to-shore environment. This description shall include, where appropriate, methods for carrying out response operations and protection strategies in shallow-water environments, as identified in the trajectory analysis conducted as part of the Environmental Consequence Analysis. (f) Shoreline Protection and Clean-up Each plan must provide for shoreline protection and clean-up of all areas identified as potential spill sites in the Environmental Consequence Analysis. Each plan shall demonstrate that the VCOASC has access to all necessary equipment and services to address the Protection and Response Strategies appropriate to each shoreline that could potentially be impacted by a spill from the vessel. To determine the amount and type of shoreline protection and clean-up capability that must be under contract in each of these areas, each VCOASC must calculate a Shoreline Response Planning Volume as outlined below: (1) Reasonable Worst Case Spill To calculate the planning volume, it is first necessary to determine the reasonable worst case spill for each VCOASC. The reasonable worst case spill is calculated as 30% of the vessel's total cargo capacity of petroleum products. (2) Persistence and Emulsification Factors (A) The reasonable worst case spill volume is then multiplied by a persistence factor relative to the most persistent type of oil that may be spilled. The persistence factors relative to the type of oil spill, are specified below: ----------------------------------------------------- ----------------------------------------------------- Oil Group Group 1 Group 2 Group 3 Group 4 ----------------------------------------------------- Shoreline Volumes .10 .30 .50 .70 ----------------------------------------------------- ----------------------------------------------------- (B) Emulsification Factors The volume determined from the calculation above is then multiplied by one of the following emulsification factors, again, based on the type of oil. -------------------------------------------------- -------------------------------------------------- Oil Group Group 1 Group 2 Group 3 Group 4 -------------------------------------------------- Emulsification 1.0 1.8 2.0 1.4 -------------------------------------------------- -------------------------------------------------- (C) Total Shoreline Equipment Required The total determined by this calculation is a Response Planning Volume. 1. The Response Planning Volume to be used to determine the amount of Response Equipment and Services required that must be under contract shall be the greater of the amount determined in Subsections 818.03(f)(1)-(2) or the Adjusted Planning Volume calculated for On-Shore Recovery Volume for the Near-shore/Inland Environment in the vessel's federal response plan prepared pursuant to 33 CFR, Part 155.1045. 2. The calculations used to determine the Response Planning Volume shall be included in the plan. (3) Shoreline Protection Equipment and Services Each plan must identify, and ensure availability through a contract or other approved means (as defined in Section 815.05(b) of this subchapter), an oil spill response organization capable of effecting shoreline protection strategies. Such protection strategies must be commensurate with the Shoreline Response Planning Volume, calculated for potential shoreline impact, and must be capable of addressing all appropriate Protection, Response and Clean-Up Strategies. The specific areas where equipment and services must be available for use shall be identified in the Environmental Consequence Analysis. (A) The equipment identified for a specific area must be appropriate for use in that area given the limitations of the bathymetry, geomorphology, shoreline types and other local environmental conditions. Additionally, the equipment identified shall be appropriate for use on the type of oil identified. The following information must be provided: 1. the amounts of all protective booming, shallow-draft vessels, and shoreline clean-up equipment necessary to address the specific types of shorelines that may be impacted; 2. the location, inventory and ownership of the equipment to be used to fulfill the response requirements; and 3. the procedures for storage, maintenance, inspection and testing of spill response equipment under the immediate control of the operator. (4) Shoreline Protection Capability Standards (A) Each plan must provide sufficient diversionary and protective boom and any other shoreline protection equipment. The amount of such equipment may be determined from information provided in the applicable Area Contingency Plan, and shall be available as follows: 1. within 30 minutes after notification, the equipment must be available for immediate delivery and deployment; and 2. the equipment must be available to protect the environmental, economic or culturally sensitive shoreline areas identified by the Environmental Consequence Analysis. To protect these sites, the equipment must be capable of being deployed and operable in 2 hours, or by the times established by the trajectory analysis conducted as part of the Environmental Consequence Analysis. (B) As part of the Coastal Protection Review, the Administrator may also use information provided in the vessel's federal response plan to determine whether there is sufficient shoreline protection capability in each Geographic Region. (5) Shoreline Clean-Up Strategies (A) Utilizing the equipment that must be under contract, each plan shall describe methods to contain spilled oil and remove it from the environment. The equipment identified for a specific area must be appropriate for use in that area given the limitations of the bathymetry, geomorphology, shoreline types and other local environmental conditions. Additionally, the equipment identified shall be appropriate for use on the type of oil identified. The description shall include; 1. all shoreline protection procedures and oil diversion and pooling procedures for the close-to-shore environment. This description shall include, where appropriate, methods for carrying out response operations and clean-up strategies in shallow-water environments, as identified in the trajectory analysis conducted as part of the Environmental Consequence Analysis; 2. methods for shoreside clean-up, including containment and removal of surface oil, subsurface oil and oiled debris and vegetation from all applicable shorelines, adjacent land and beach types; and 3. measures to be taken to minimize damage to the environment from land operations during a spill response, such as impacts to sensitive shoreline habitat caused by heavy machinery or foot traffic. (B) Protection, response and clean-up strategies will be specific to the type of oil spilled, and the expected spill impact sites as identified in the Environmental Consequence Analysis, and the resources at risk at those spill sites. (C) Each plan must utilize all the strategies appropriate to the potential impact sites. (g) Response Procedures (1) Each plan shall describe the organization of the VCOASC's spill response management team. An organizational diagram depicting the chain of command shall also be included. Additionally, the plan shall describe the method to be used to integrate the plan holder's organization into the State Incident Command System and/or the Unified Command Structure as required by Title 8, California Code of Regulations, Subsection 5192(p)(8)(D)(2). (A) The plan holder may utilize the procedures outlined in the appropriate Federal Area Contingency plan when describing how the vessel's chain of command will interface with the State Incident Command System which utilizes the Unified Command. (2) Each plan shall include a checklist, flowchart or decision tree depicting the procession of each major stage of spill response operations from spill discovery to completion of clean-up. The checklist, flowchart or decision tree shall describe the general order and priority in which key spill response activities are performed. (3) Each plan shall describe how the owner/operator will provide onboard emergency services before the arrival of local, state or federal authorities on the scene, including: (A) procedures to control fires and explosions, and to rescue people or property threatened by fire or explosion; (B) procedures for emergency medical treatment and first aid, (4) Each plan shall describe equipment and procedures to be used by VCOASC personnel to minimize the magnitude of a spill and minimize structural damage which may increase the quantity of oil spilled. (5) Each plan shall detail the lines of communications between the responsible party, the Qualified Individual and the on-scene commanders, response teams, local, state, and federal emergency and disaster responders, including: (A) communication procedures; (B) the communication function (e.g., ground-to-air) assigned to each channel or frequency used; (C) the maximum broadcast range for each channel or frequency used; and (D) redundant and back-up systems. (6) Each plan shall provide for post-spill review, including methods to review both the effectiveness of the plan and the need for plan amendments. (A) The result of the review shall be forwarded to the Administrator within 90 days following the completion of response and clean-up procedures. (B) The review shall be used by the Administrator only for the purposes of proposing future amendments to the contingency plan. (7) Each plan shall describe the procedures to manage access to the spill response site, the designation of exclusion, decontamination and safe zones, and the decontamination of equipment and personnel during and after oil spill response operations, as required by the California Occupational Safety and Health Administration. (8) Each plan shall describe the procedures for the evaluation of health and safety concerns and the determination of site safety prior to beginning oil spill response operations and clean-up activities. (h) Notification Procedures (1) Each plan shall include a list of contacts to call in the event of a drill, threatened discharge of oil, or discharge of oil. The plan shall: (A) identify a central reporting office or individual who is responsible for initiating the notification process and is available on a 24-hour basis. The following information must be provided: 1. the individual or office to be contacted; 2. telephone number or other means of contact for any time of the day; and 3. an alternate contact in the event the individual is unavailable. (B) detail the procedures for reporting oil spills to all appropriate local, state, and federal agencies within each of the six Geographic Regions that the VCOASC transits; (C) establish a clear order of priority for notification. (2) Immediate Notification Nothing in this section shall be construed as requiring notification before response. (A) Each plan shall include a procedure for contacting the primary OSRO in each of the six Geographic Regions that the VCOASC transits within 30 minutes of the discovery of a discharge of oil or threatened discharge of oil. (B) Each plan shall include a procedure that ensures that the owner/operator or his/her designee will initiate contact with the Qualified Individual, the California Governor's Office of Emergency Services and the National Response Center immediately, but no longer than 30 minutes, after discovery of a discharge of oil or threatened discharge of oil. (C) Each plan shall include all phone numbers necessary to complete the immediate notification procedures. (3) Each plan shall identify a call-out procedure to acquire the resources necessary to address spills that cannot be addressed by the equipment that the owner/operator is required to have under contract. Procedures must allow for initiation of the call-out within 24 hours of the incident and must begin as soon as a determination has been made that additional resources are necessary. (4) Each plan shall provide a checklist of the information to be reported in the notification procedures, including but not limited to: (A) vessel name, country of registry, call sign, and official number; (B) location of the incident; (C) date and time of the incident; (D) course, speed and intended track of the vessel; (E) the nature of the incident; (F) an estimate of the volume of oil spilled and the volume at immediate risk of spillage; (G) the type of oil spilled, and any inhalation hazards or explosive vapor hazards, if known; (H) the size and appearance of the slick; (I) prevailing weather and sea conditions; (J) actions taken or planned by personnel on scene; (K) current condition of the vessel; (L) injuries and fatalities; and (M) any other information as appropriate. (5) Reporting of a spill as required by Section 818.03(h)(2) shall not be delayed solely to gather all the information required by Subsection 818.03(h)(4). If the required information is not available, the plan shall specify how the information will be obtained. (6) An updated estimate of the volume of oil spilled and the volume at immediate risk of spillage shall be reported to the California Governor's Office of Emergency Services whenever a significant change in the amount reported occurs, but not less than every 12 hours within the first 48 hours of response. The State Incident Commander and/or the Federal On-Scene Coordinator through the Unified Command shall have the option of increasing or decreasing this timeframe, as needed. Updated spill volume information included in the Incident Action Plan developed through the Unified Command will meet the requirements of this subsection. (i) Temporary Storage and Waste Management (1) Each plan shall identify sufficient temporary storage for all recovered oil or all oily waste, or identify facilities that would be able to accept the recovered oil or oily waste for recycling or other means of waste management. Sufficient storage shall be no less than two times the required Response Capability Standards as determined in Subsection 818.03(e)(3). (2) Each plan shall identify the party that shall maintain responsibility for recovered oil and oily waste for the purposes of temporary storage. (3) Each plan shall describe site criteria and methods used for temporary storage of recovered oil and oily wastes generated during response and clean-up operations, including known available sites. (4) Each plan shall identify all applicable permits, and all federal, state and local agencies responsible for issuing those permits for transit, temporary storage and ultimate waste management of all hazardous waste products likely to result from an oil spill. (5) Each plan shall include information which could expedite the state approval process for the use of temporary waste storage sites, including a list of appropriate contacts and a description of procedures to be followed for each approval process. (j) Wildlife Rehabilitation Requirements Each plan shall describe how oiled wildlife care will be provided by one of the following approved means: (1) Utilize the California Oiled Wildlife Care Network (OWCN) to meet oiled wildlife care requirements: or (2) describe procedures that clearly outline how oiled wildlife care will be provided. The equipment, facilities, and personnel necessary to implement these procedures must be identified and assured by contract for each Geographic Area covered by the plan. Standards for wildlife care must comply with all applicable State and federal laws. (k) Training (1) Each plan shall provide that all appropriate personnel directly responsible to the owner/operator shall receive training in the use and operation of oil spill response and clean-up equipment. The plan shall describe: (A) the type and frequency of training that each individual in a spill response position receives to achieve the level of qualification demanded by their job description; (B) the procedures, if any, to train and use volunteers or other additional personnel in spill response operations as necessary for the size of the spill. (2) Each plan shall describe the type and frequency of personnel training on methods to reduce operational risks. The description of the training shall include, if applicable, the following: (A) the means of achieving any established training objectives, such as: 1. training programs for each position involved with the various aspects of the operation that could result in a spill (e.g., position responsible for vessel inspections or transfers); 2. a training schedule, including adequate frequency, (e.g., initial training upon hire and annual refresher training) and type of training (workshops, classroom, videotape, on-the-job training, etc.) for each position trained; (B) licenses, certifications or other prerequisites to hold particular jobs. (3) Each plan shall provide for safety training as required by state and federal health and safety laws for all personnel likely to be engaged in oil spill response, including a program for training non-permanent responders, such as volunteers or temporary help. (4) The VCOASC owner/operator shall ensure that training records are maintained for three years. All such documentation must be made available to the Administrator upon request. (l) Drills and Exercises -Type and Frequency (1) A vessel owner/operator shall conduct drills and exercises as necessary to ensure that the elements of the plan will function in an emergency. Each plan shall describe the VCOASC's drill and exercise program, including how the plan assures shoreline protection strategies (for all environmentally sensitive sites identified as potentially impacted in the vessel's Environmental Consequence Analysis) will be exercised, as outlined in Section 820.01(f) of this subdivision. The following are the necessary drill and exercise frequencies for all vessels as consistent with the National Preparedness for Response Exercise Program (PREP): (A) manned-vessel onboard emergency procedures and qualified individual notification drills shall be conducted quarterly; (B) shore-based spill management team tabletop exercise shall be conducted yearly. (2) Drills shall be designed to exercise either components of or the entire response plan. Such drills, individually or in combination, shall ensure that the entire plan is exercised at least once every three years. (3) The vessel owner/operator shall maintain adequate records of drills and exercises, for a period of at least three years, to include the following: (A) all drills and exercises conducted aboard the vessel shall be documented in the ship's log; (B) records of any off-vessel drills and exercises of the response organization and resources identified in the contingency plan shall be maintained at the United States location of either the Qualified Individual or the vessel owner/operator. Contingency plans should indicate the location of these records. Note:Evaluation and credit criteria for drills and exercises are described in Section 820.01 of this subchapter. Note: Authority cited: Sections 8670.7, 8670.28, 8670.29 and 8670.30, Government Code. Reference: Sections 8670.7, 8670.10, 8670.25.5, 8670.28, 8670.29, 8670.30, 8670.31 and 8670.37.51, Government Code. s 819. Oil Spill Response Organization (OSRO) Rating. s 819.01. Purpose and Scope. (a) The Oil Spill Response Organization Rating process was developed to facilitate the preparation and review of oil spill contingency plans. An owner or operator who is required to submit a contingency plan must, among other things, identify and ensure by contract or other approved means the availability of personnel and equipment necessary to respond to all contingency plan requirements. Plan holders that have a contract or other approved means for the booming, on-water recovery and storage, and shoreline protection services of a Rated OSRO do not have to list that OSRO's response resources in their plan. A Rated OSRO has received an OSRO Rating Letter (ORL) from OSPR for the booming, on-water recovery and storage and shoreline protection services as listed in their application. (b) Any Rating levels assigned pursuant to this section are for planning purposes and may not reflect the exigencies of actual spill response. (c) Only OSRO's that receive a Rating from OSPR are eligible to enter into agreements for response services pursuant to Government Code 8670.56.6. (j)(1), for the response resources as listed in their ORL. Note: Authority cited: Sections 8670.28, 8670.30 and 8670.56.6(j)(1), Government Code. Reference: Sections 8670.28, 8670.30 and 8670.56.6(j)(1), Government Code. s 819.02. OSRO Application Content. (a) General Information An individual or entity may apply for consideration as a Rated OSRO for oil spill response operations. OSPR will only grant Ratings by Geographic Regions (or Geographic Response Plan areas, if established) for the following services: booming; on-water recovery and storage; and shoreline protection. Ratings of six hours or earlier require dedicated response resources (as defined in Section 815.05(c) of this subchapter) or OSRO-owned and controlled (as defined in Section 815.05(k) of this subchapter). An OSRO's existing Letter of Approval issued from the Administrator shall remain valid unless revoked, and shall be deemed to meet the requirements of this section for three years from the date of the letter's issuance or until January 1, 2003, whichever date occurs later. OSRO's without a current Letter of Approval must submit a completed application within 60 calendar days prior to citing the OSRO's response resources and services to comply with the contingency planning requirements for tank vessels, nontank vessels and marine facilities. The following information is required before an application will be reviewed: (1) the OSRO's name, contact person, mailing and physical addresses, facsimile and telephone numbers; (2) all subcontractor's name(s) (if applicable), contact person, mailing and physical addresses, facsimile and telephone numbers; (3) list of plan holders contracted with; (4) for the previous two years from the date of the application, documentation of California oil spills responded to or California equipment deployment exercises participated in, including personnel and equipment used for the response/exercise; (5) an organizational diagram depicting the OSRO's response organization and management/command structure; (6) a description of the roles, responsibilities and method to interface the OSRO(s organization with the State Incident Command System and/or the Unified Command Structure as required by Title 8, CCR, Subsection 5192(q)(3)(A). (The OSRO may utilize the appropriate Area Contingency Plan as a reference for information on the Incident Command System/Unified Command Structure). (7) for each type of service, the types of oil to which the OSRO is willing and able to respond; (8) a description of the OSRO's communications equipment, to include: (A) the amount of equipment; (B) the frequencies to be used; and (C) the number of certified operators. (b) Equipment and Personnel The application shall include for each location (i.e., where the equipment is stored, moored and operating area), the following information as applicable for the response equipment and personnel available to respond, indicating whether company owned/employee or subcontracted (including subcontractor's name), and dedicated or non-dedicated or OSRO-owned and controlled (as defined in Section 815.05 of this subchapter), that forms the basis for the requested Rating, Note: Ratings for six hours or earlier require sufficient dedicated response resources (as defined in Section 815.05(c)) or OSRO-owned and controlled resources (as defined in Section 815.05(k)), except for shoreline protection services in which the six hour dedicated resources requirement will be phased in as specified in Section 819.02(d)(4) of this subchapter. The required information shall include but not be limited to: (1) A description of the boom to include: (A) total lengths of boom by type; (B) manufacturer name and model; (C) freeboard and draft (D) connector type; and (E) intended operating environments; (2) A description of the skimmers (including Oil Spill Response Vessels (OSRV)) to include: (A) total number of skimmers by type; (B) manufacturer name and model; (C) intended operating environments, including current; (D) skimmer type by design (i.e., stationary, advancing, self-propelled, stationary/advancing); (E) manufacturer's nameplate capacity; (F) Effective Daily Recovery Capacity (EDRC); (G) on board storage capacity integral to the skimmer; (H) storage capacity of the skimming system external to the skimmer (e.g., dracones, tank barges, etc.), if any, and pump rate for off loading on-board storage; and (I) maximum draft; (3) A description of the response vessels (not including OSRV's) to include: (A) vessel name; (B) vessel length, width, and draft; (C) vessel type by design; (D) current documentation/registration; (E) intended operating environments; (F) ability to tow; (G) horsepower; (H) amount of boom on board; (I) pump rate for off loading on-board storage; and (J) applicable design limits, including suitability for different types of oils, operating environments as related to adverse weather, and draft; (4) A description of the recovered oil storage to include: (A) type/name; (B) official number; (C) length/beam/draft; (D) maximum capacity; (E) a copy of the vessel's Certificate of Inspection or other documentation as applicable; (5) For all equipment, all inspections and maintenance must be documented and the records maintained for 3 years. The location of the records must be noted in the application, and all records must be available for review during verification inspections conducted by OSPR. (6) for any equipment not located in the Geographic Region for which a Rating is sought, the applicant shall provide attestation that the equipment is transportable and available for use within the Rating time period; (7) Equipment shall be listed only if it is in a fully operable condition. Future equipment, ordered but not yet delivered and fully operable, may be listed, but it must be listed and identified separately with its date of availability indicated. (8) Personnel For all personnel identified as a spill response resource, the application shall include for each Geographic Region that the OSRO is requesting a Rating: (A) the number of personnel that are to be utilized for response activities at the six hour response level or earlier, their assignments during spill response, and whether they are dedicated or OSRO-owned and controlled or non-dedicated personnel. A list matching trained personnel by name to the equipment type and the services offered shall be made available for review during verification inspections by OSPR; (B) the plan for mobilization of personnel including cascading additional personnel, and estimated time of mobilization; (C) a list of the training and qualifications required for each spill response assignment including: 1. all appropriate State and federal safety and training requirements, including the OSHA requirements for Hazardous Operations and Emergency Response, and the requirements under Title 8, California Code of Regulations, Section 5192; 2. the number of trained supervisors and laborers, and the types of training received; 3. the procedures for training personnel; 4. the timelines for mobilizing and training additional response personnel not under contract; and 5. a statement by the OSRO certifying that all personnel within a job category have the requisite training and qualifications for their assignment during spill response. 6. Documentation of training and qualifications shall be maintained by the OSRO and shall be made available to the Administrator upon request. (c) Subcontracted Response Resources If response resources that form the basis for the assigned Rating is under contract from another party, and if the information required in this subsection is not listed elsewhere, provide the following information: (1) on-site deployment timeframes by Geographic Region and operating environments; (2) A valid contract from each company that is providing the contracted resources shall be submitted to OSPR for review. If all subcontracts are the same, submitting one contract along with the signature pages for any additional contracts shall suffice. The contract shall include, but not be limited to, the following: (A) the name of the company providing the resources (subcontractor); (B) a complete listing and storage location of the specific resources being provided; (C) the timeframe for which the agreement is valid; (D) any limits on the availability of resources; (E) a signed letter from the subcontractor by an authorized individual, to the OSRO stating the following: "The information provided regarding [subcontractor] response equipment and personnel is factual and correct to the best of my knowledge and belief. I agree to allow OSPR personnel access to my facility and records for the purpose of verifying the information contained in the Rating application in which my assets are listed. I agree to participate in announced and unannounced drills as set forth in Section 819.03 of this subchapter to verify any or all of the information regarding my response equipment and personnel contained in a Rating application". (3) Any drill or inspection of subcontracted response resources shall be coordinated with the OSRO whose application contains the subcontracted response resources. (4) If the subcontracted response resources are not dedicated response resources, the OSRO must ensure the availability of non-dedicated response resources by contract in quantities equal to twice what the OSRO requires of the dedicated response resources. These non-dedicated response resources are subject to verification inspections and will be required by the Administrator to participate in an announced and unannounced drill(s). (d) Service-specific Information (1) List the Geographic Response Plan (GRP) area(s), (or the Geographic Regions(s) as defined in Chapter 1, Section 790 (ACP Areas), if GRP's are not established) in which spill response services are being offered. Include for each GRP or region: (A) the services being offered and/or under contract (i.e., booming, on-water recovery and storage, and shoreline protection services); (B) estimated timeframes to deploy equipment/resources at scene, (C) operating environment(s) as described in 33 CFR 154, as applicable, including the OSRO's minimum operating depth, and (D) requested Rating level, as described in Section 819.04 of this subchapter. (2) for each Rating level as described in Section 819.04, and for each service offered, a written plan of operations including a call-out list for each GRP, or Geographic Region (ACP area if GRP's are not established), and operating environment of response coverage. The written plan of operations can be limited to the following time frames: six hours for High Volume Ports; 12 hours for Facility/Transfer Areas; and 18 hours for Balance of the Coast. However, a written general plan to acquire response resources beyond these time frames is still required. As applicable, the plan will describe the number(s), type(s), means of deployment, and operations of all oil spill response equipment and trained personnel, including subcontracted resources, that the applicant would use for a spill of 50 barrels, a spill of 3,125 barrels and the largest reasonable worst case spill for which the applicant would be contractually responsible. (3) The applicant shall submit a description of the systems approach (as defined in Section 815.05 of this subchapter) for the services offered (i.e., booming, on-water recovery and storage, and shoreline protection services) in a narrative format, for the equipment listed in Subsection (b) including, but not limited to: (A) for all boom: 1. describe how boom is transported and method of deployment. (B) for all skimmers (including vessel of opportunity skimming systems (VOSS)): 1. describe how the skimmer is deployed and operated; 2. describe how skimmer is transported. (C) for all vessels (OSRO owned vessels, and subcontracted vessels): 1. describe how vessel is transported; and 2. describe type of spill response service the vessel is primarily to be used for (e.g., OSRV, skimming, towing boom, boom deployment). (D) for all recovered oil storage: 1. describe how recovered oil is transported to/from storage. (4) for all shoreline protection services of environmentally sensitive sites: (A) OSRO's will receive a Rating for each GRP (or Geographic Region as defined in Chapter 1, Section 790 (ACP Area)). Ratings will reflect the OSRO's capability to deliver and deploy equipment to the area(s) designated by the OSRO. (B) The Rating(s) requested by the OSRO shall be justified by providing documentation specifying: location of both ACP and plan holder-identified environmentally sensitive sites to be protected, as determined by the OSRO; equipment and personnel; estimated time of arrival at the site to be protected; and deployment times. Announced and unannounced drills will be used to validate the Rating(s). (C) Ratings up to and including six hours require sufficient dedicated response resources or OSRO-owned and controlled resources which shall be phased in as follows (OSRO-owned and controlled resources refers to equipment owned by the OSRO, and personnel who are employed directly by the OSRO): 1. 50% of the shoreline protection resources shall be required to be dedicated response resources or OSRO-owned and controlled resources by January 1, 2003; 2. 75% of the shoreline protection resources shall be required to be dedicated response resources or OSRO-owned and controlled resources by January 1, 2005. (e) Attestation The application shall contain the following language, signed and dated from the OSRO, by an authorized individual: "The information provided regarding response equipment and personnel is factual and correct to the best of my knowledge and belief. I agree to allow OSPR personnel access to my facility, prior and subsequent to receiving a Rating, for the purpose of verifying the information contained in this application. I understand that all response resources identified for Rating purposes are subject to verification visits. I agree to participate in announced and unannounced drills as set forth in Section 819.03 of this subchapter to verify any or all of the information contained in this application, prior and/or subsequent to receiving a Rating". (f) Confidentiality (1) An applicant may request that proprietary information be kept confidential. Such a request must include justification for designating the information as confidential. The Administrator will make a determination regarding that information which may be considered confidential and removed from any copy of the application that is made available for public review. (A) An applicant may also request that any reports, or studies prepared or submitted under any OSRO certification requirements be designated as proprietary information. Such a request must include justification for designating the report or study as confidential. (2) Any information designated as confidential must be clearly identified as proprietary. (3) If an applicant designates information as confidential, two different copies of the application must be submitted as follows: (A) one copy must contain the confidential information. This application will be utilized in the review and Rating process; (B) one copy must be submitted with the confidential information removed. This copy will be available for public review. This application must contain sufficient information in place of the confidential information so that any individual reviewing the application will understand all the elements of the application. Note: Authority cited: Sections 8670.28 and 8670.30, Government Code. Reference: Sections 8670.10, 8670.19, 8670.28 and 8670.30, Government Code. s 819.03. Application Review, Verification and Drills. (a) Review For Rating (1) An application will be reviewed within 90 calendar days of receipt or resubmission. (2) The Administrator shall rate an OSRO upon determination that the applicant has met the requirements for the appropriate Rating levels, as outlined in Subsection 819.04(b)(2), for the equipment, services and operating environments listed in the application. The Administrator shall not issue a Rating until the applicant OSRO successfully completes an unannounced drill to verify the information in the OSRO's application. (3) A Rating may be denied or modified if the Administrator determines that the OSRO applicant fails to meet the criteria for the Rating level of any services, based upon inspection, verification or performance of an announced and unannounced drill or actual spill, or for other reasons as determined by the Administrator. The Administrator may require the satisfactory completion of an unannounced drill of each rated OSRO prior to being granted a modified rating, or for renewal, or prior to reinstatement of a revoked or suspended rating. (b) Standards For Review OSRO Rating Letters will be issued to OSROs subject to the following conditions: (1) Equipment, equipment maintenance records, and personnel training records, and personnel-specific equipment qualifications must be verifiable by inspection by the Administrator. Any resources not on site at the time of an inspection will not be counted until verified by subsequent inspection. (2) Response personnel must comply with all appropriate State and federal safety and training requirements. Safety requirements include, but are not limited to, the following (found in Title 8, California Code of Regulations): Trenching and Shoring (Section 1504, 1539-1547) Electrical Safety (Section 2299-2974) Injury and Illness Prevention Program (Section 3203) Employee Exposure Records (Section 3204) Transporting Employees (Section 3702) Crane Safety (Section 4885-5049) Noise/Hearing Conservation (Section 5095-5100) Ergonomics (Section 5110) Respiratory Protection (Section 5141 and 5144) Airborne Contaminants/Employee Exposure Monitoring (Section 5155) Confined Space (Section 5157-5159) Hazardous Waste Operation and Emergency Response (Section 5192) Hazard Communication (Section 5194) Benzene Standard (Section 5218) (3) Safety and training records may be inspected for verification. (c) Inspections and Verification of Response Resources (1) OSROs seeking a Rating are subject to unannounced inspections anytime prior and subsequent to receiving a Rating to verify the response services cited in the application. (A) Any contract or sub-contract for response resources listed in the application must acknowledge OSPR personnel's right to inspect and verify listed contracted response resources as provided in this section or those response resources will not be counted. Inspection of sub-contracted response resources shall be coordinated with the OSRO whose application contains the subcontracted response resources. (2) The Administrator or any duly authorized representative of OSPR may do any of the following: (A) enter the OSRO's or sub-contractor's facility or other areas where response service equipment is stored or serviced to inspect the response services cited in the application; (B) document, photograph or videotape any response service equipment; (C) request start up, operation, or demonstration of any response service equipment or response system cited in the application; (D) inspect and copy any documents, reports, equipment maintenance records, employee training records, or other information required to verify the response services cited in the application. (3) Deficiencies noted during the inspection may result in denial of the application, or revocation or modification of the OSRO's Rating as described in Section 819.06 of this subchapter. The OSRO may provide a written plan, to be approved by the Administrator, for correcting the deficiencies which states the actions to be taken and the expected dates of completion. (4) The Administrator may accept an inspection completed by a governmental agency if all requirements of this Sections 819 through 819.07 are met. (5) OSRO Announced Drills and Inspections; and Unannounced Drills Announced and unannounced drills shall be conducted to verify any or all of the elements of the services provided by an OSRO in its application prior and subsequent to issuing a Rating. A drill for the protection of environmentally sensitive areas shall conform as close as possible to the response that would occur during a spill but sensitive sites shall not be damaged during the drill. The Administrator may determine if actual spill response may be substituted in lieu of a drill, as described in CCR Section 820.01(k) of this subchapter. (A) Announced Drills and Inspections All OSRO's shall submit annual drill schedules to OSPR and conduct equipment deployment and sensitive site protection exercises for equipment listed in the application, including subcontracted equipment, for any services they are Rated for. The exact dates of the exercises shall be submitted 30 calendar days prior to the exercise being conducted. 1. At least 50% of all response equipment other than boom shall be exercised each year, and all response equipment, other than boom, shall be exercised over a two-year period. The OSRO will ensure that this equipment is identified/labeled and the same equipment is not used repeatedly for each exercise. 2. At least 33% of the boom listed in the application shall be inspected annually, and 1/3 of that 33% shall be deployed annually, and shall be representative of the total inventory contained in the application. The OSRO shall identify/label the boom and document the deployment or inspection. 3. For the equipment deployment exercises, the OSRO shall operate boats, boom and skimmers in each type of operating environment contained in the application. 4. Documentation that these exercises/inspections have been performed shall be submitted to OSPR within 30 calendar days after completion of the exercise/inspection. The equipment deployment exercises pursuant this subsection will also satisfy the equipment deployment exercise requirement of Section 818.02(l)(1)(D) for any vessel or Section 817.02(k)(3) for any marine facility that utilizes the OSRO's resources to fulfill the response element of the vessel or marine facility's own plan. These exercises will not fulfill the semi-annual equipment deployment exercise requirement of marine facility-owned equipment pursuant to Section 817.02(k)(1)(B). 5. OSROs shall ensure they coordinate equipment deployment exercises with all of their subcontractors. Full systems must be deployed and operating for all booming, on-water recovery and storage, and shoreline protection services. (B) Unannounced Drills OSROs are subject to unannounced drill(s) by OSPR to verify the ability of the OSRO to respond and deploy equipment and personnel as stated in the OSRO's application, prior and subsequent to receiving a rating. Unannounced drills will only be held to verify Ratings of 24 hours or earlier. 1 An OSRO shall be subject to one unannounced drill per year in each ACP area in which a Rating has been issued by OSPR. However, for ACP Area 2 only (as described in Chapter 1, Section 790(g)(2)(B)), if an OSRO applies for and receives a Rating for six hours or earlier they shall be subject to one unannounced drill each year in each of the Geographic Response Plan (GRP) areas identified in the ACP. i. The Administrator may call a drill to test every service that the OSRO intends to provide, pursuant to the OSRO's application. Plan holders are still subject to unannounced drills for all required services, including those which OSPR does not Rate the OSRO. ii. Each OSRO applying to provide shoreline protection services shall be subject to one unannounced drill that tests their ability to provide sensitive shoreline site protection services in each Geographic Region (or Geographic Response Plan area, if established) in which they apply to provide services. 2. Significant reductions in resources, as described in Section 819. 05 of this subchapter, may warrant additional unannounced drills. 3. Failure to participate in an unannounced drill may result in denial or revocation of the OSRO's Rating as described in Section 819.06 of this subchapter. 4. The Administrator may modify, suspend or revoke an OSRO's Rating if the OSRO fails to satisfactorily complete a drill. 5. The Administrator may cancel an announced or unannounced drill at any time due to hazardous or other operational circumstances, which shall include but not be limited to: i. any unsafe activity or condition; ii. oil or cargo transfer operations; iii. inclement weather or sea state; iv. on-going spill response activities; v. emergency situation as determined by the U.S. Coast Guard Captain of the Port; vi. other situations or conditions as determined by the Administrator 6. All non-governmental costs associated with an unannounced drill are the obligation of the OSRO. 7. OSROs may identify client plan holder(s) who wish to receive credit for a drill as described in CCR Section 820.01 of this subchapter. 8. The Administrator shall issue a written report evaluating the performance of the OSRO after every unannounced drill called by the Administrator within 30 calendar days. 9. The Administrator shall determine whether an unannounced drill called upon the OSRO by a federal agency qualifies as an unannounced drill for the purpose of this section, as described in CCR Section 820.01(j). Note: Authority cited: Sections 8670.28 and 8670.30, Government Code. Reference: Sections 8670.19, 8670.28 and 8670.30, Government Code. s 819.04. OSRO Rating, Update, and Renewal Procedure. (a) Filing Applications must be filed with the Administrator of the Office of Spill Prevention and Response in the Department of Fish and Game. Applications shall either be delivered in person or sent by registered mail with return receipt requested, or other means as approved by the Administrator to the Marine Safety Branch of OSPR. (b) OSRO Rating (1) Upon satisfactorily meeting the requirements of this subchapter, an OSRO will receive the OSRO Rating Letter (ORL) that will state the type of response services, GRP or ACP area, Rating time frame(s), the on-water daily recovery rate or feet of shoreline protection boom as applicable, and any applicable conditions or restrictions. An OSRO Rating may not be assigned, transferred, or assumed. An OSRO's existing Letter of Approval issued from the Administrator shall remain valid unless revoked, and shall be deemed to meet the requirements of this section for three years from the date of the letter's issuance or until January 1, 2003, whichever date occurs later. OSRO's without a current Letter of Approval must submit a completed application within 60 calendar days prior to citing the OSRO's response equipment and services to comply with the contingency planning requirements for tank vessels, nontank vessels and marine facilities. (2) Ratings will reflect for the type of response service(s) offered based on the projected arrival time of the response equipment and personnel within the designated operating areas. Note: Ratings for six hours or earlier require sufficient dedicated response resources (as defined in Section 815.05(c)) or OSRO-owned and controlled resources (as defined in Section 815.05(k)), except for shoreline protection services in which the six hour dedicated resources requirement will be phased in as specified in Section 819.02(d)(4) of this subchapter. Ratings for containment booming services only will be limited to 12 hours or earlier. For containment booming, on-water recovery and storage "on-scene" means that the equipment is at the scene of the spill, and deployed and operating within one hour of arrival at the scene of the spill, but no later than the designated time frame for each Rating(s). For shoreline protection "on-scene" means at the site to be protected, and deployed within one hour of arrival at the site, but no later than the designated time frame for each Rating(s). The Rating time frames are as follows: Ratings Equipment On-Scene 0 On-scene within 30 minutes 1 On-scene within 1 hour 2 On-scene within 2 hours (Temporary storage on-scene within 4 hours) 3 On-scene within 3 hours 4 On-scene within 4 hours 6 On-scene within 6 hours 12 On-scene within 12 hours 18 On-scene within 18 hours 24 On-scene within 24 hours 36 On-scene within 36 hours 60 On-scene within 60 hours (c) Updates (1) To maintain the OSRO's assigned Rating level, the following information shall be updated and submitted to OSPR: (A) the current list of the OSRO's client plan holders, submitted whenever there is a change in the list, and; (B) the current list of all owned and subcontracted oil spill response equipment and trained personnel listed in the application, that forms the basis for the assigned Rating, submitted within one year, and annually thereafter, of the anniversary date of the original Rating. (d) Renewal (1) Ratings will be assigned for a period of three years unless suspended or revoked by the Administrator or assigned a modified Rating level. An OSRO must file an application for renewal prior to the expiration of the Rating. (2) Ratings may be renewed earlier at the request of the OSRO in the event the OSRO has sustained a significant increase or decrease in response resources. (3) The Administrator may require an earlier or more frequent Rating renewal than that required in Subparagraph (d)(1) above. The OSRO will be notified in writing if an earlier renewal is required. The notice will include an explanation of the reasons for the earlier Rating renewal. The circumstances that would warrant an earlier renewal include, but are not limited to, the following: (A) a change in regulations; (B) the development of new oil spill response technologies as determined by the Administrator; (C) deficiencies in oil spill response capability identified by the Administrator as part of the Coastal Protection Review; (D) an increased need to protect plant and wildlife habitat; (E) deficiencies in oil spill response capability identified during an oil spill; (F) deficiencies in oil spill response capability identified during an announced or unannounced drill; (G) significant reductions to the OSRO's response capability; and (H) any other situation deemed appropriate by the Administrator. Note: Authority cited: Sections 8670.28 and 8670.30, Government Code. Reference: Sections 8670.28 and 8670.30, Government Code. s 819.05. Notice of Reduction in Response Resources. (a) The OSRO shall notify the Administrator of significant reductions in equipment, personnel or management 14 calendar days in advance. This notice may be oral, followed by a written notice as soon as possible, or in writing by facsimile or letter. If the reduction is unforeseen, oral notice shall be given immediately after becoming aware of such change. The notice shall include the identification of backup resources sufficient to maintain the OSRO's Rating level, subject to approval by the Administrator. (1) a significant reduction is one that would affect the OSRO's ability to respond consistent with their assigned Rating level. (b) It is the responsibility of the OSRO to verify and report to the Administrator any significant reductions in subcontracted equipment and personnel listed in the OSRO's application. (c) Failure to notify the Administrator of significant reductions in response resources may result in the modification of a Rating level or revocation of the OSRO Rating Letter. Note: Authority cited: Sections 8670.28 and 8670.30, Government Code. Reference: Sections 8670.28 and 8670.30, Government Code. s 819.06. Modification, Suspension, Revocation, or Denial of Assigned Rating. (a) Criteria: (1) Criteria for modification or suspension. The Administrator may modify or suspend an OSRO Rating at any time if the OSRO is not in compliance with the conditions of the Rating or the requirements of this subchapter. (2) Criteria for revocation. The Administrator may revoke an OSRO Rating if the OSRO fails within 60 calendar days of written notification pursuant to Subsection (b) to correct deficiencies that were the cause of a Rating suspension, or if statutory enactments subsequent to the issuance of the Rating conflict with the purposes of the OSRO Rating program; except in the situation where a Rated OSRO has refused to participate in an announced or unannounced drill except as provided in Section 819.03(c)(5)(B)(5), or is unable to successfully complete an announced or unannounced drill due to significant reductions in response resources, in which case the Administrator may revoke the Rating at any time after the announced or unannounced drill is called. (3) Criteria for Denial. The Administrator may deny an OSRO Rating if the OSRO has failed to provide the information required in the Rating application as set forth in section 819.02 or has failed to satisfy the Application review criteria set forth in Section 819.03. If the Administrator decides to deny an OSRO Rating, the Administrator shall issue a written statement of the basis for the denial. (b) Procedure For Modification, Suspension, Revocation, or Denial. (1) When the Administrator believes there are valid grounds for modifying, suspending, revoking, or denying a Rating the OSRO shall be notified in writing of the proposed modification, suspension, revocation or denial by certified or registered mail. A proposed revocation notice shall be issued after the 60 day period required by subsection (a)(2) above, except in the situation where a Rated OSRO has refused to participate in an announced or unannounced drill, or is unable to successfully complete an announced or unannounced drill due to reductions in response resources, in which case the Administrator may revoke the Rating at any time after the announced or unannounced drill is called. (2) The notice shall identify the Rating to be modified, suspended, revoked or denied and the reason(s) for such modification, suspension, revocation or denial, and inform the OSRO of the right to object to the proposed modification, suspension, revocation or denial. The Administrator may amend any notice of modification, suspension, revocation or denial at any time. (3) Upon receipt of a notice of proposed modification, suspension, revocation or denial the OSRO may file a written objection to the proposed action. Such objection must be in writing, must be filed within 45 calendar days of the date of the notice of proposal, must state the reasons why the OSRO objects to the proposed modification, suspension, revocation or denial, and may include supporting documentation. (4) A decision on the proposed modification, suspension, revocation or denial shall be made within 45 calendar days after the end of the objection period. The Administrator shall notify the OSRO in writing of the decision and the reasons. The Administrator shall also provide the applicant with the information concerning the right to request reconsideration of the decision under Section 819.07 of this subchapter and the procedures for requesting reconsideration. No Rating may be revoked pursuant to this section unless it has first been suspended pursuant to this section, except as provided in Section 819.06(b)(1). (5) The Rating shall remain valid and effective pending any final determination pursuant to Section 819.07 of this subchapter, except that a Rating may be revoked immediately if statutory enactments subsequent to the issuance of the Rating conflict with or prohibit the continuation of the Rating, or if the Administrator determines that significant reductions in response resources have affected the OSRO's ability to respond consistent with their assigned Rating level and response planning volume. Note: Authority cited: Sections 8670.28 and 8670.30, Government Code. Reference: Sections 8670.28 and 8670.30, Government Code. s 819.07. Reconsideration and Appeal Procedures. (a) Request for reconsideration. Any person may request reconsideration of an action if that person is one of the following: (1) An applicant for an OSRO Rating or renewal who has received written notice of denial; (2) An OSRO who has a Rating modified, suspended, or revoked. (b) Method of requesting reconsideration. Any person requesting reconsideration of an action must comply with the following criteria: (1) Any request for reconsideration must be in writing, signed by the person requesting reconsideration or by the legal representative of that person, and must be submitted to the Administrator. (2) The request for reconsideration must be received by the Administrator within 30 calendar days of the date of notification of the decision. (3) The request for reconsideration shall state the reason(s) for the reconsideration, including presenting any new information or facts pertinent to the issue(s) raised by the request for reconsideration. (c) The Administrator shall notify the OSRO of his or her decision within 45 calendar days of the receipt of the request for reconsideration. This notification shall be in writing and shall state the reasons for the decision. The notification shall also provide information concerning the right to appeal and the procedures for making an appeal. (d) Appeal. Any person who has received an adverse decision following a submission of a request for reconsideration may submit a notice of appeal to the Administrator. An appeal must be submitted within 30 calendar days of the date of the notification of the decision on the request for reconsideration. The request for appeal shall state the reason(s) and issue(s) upon which the appeal is based and may contain any additional evidence or arguments to support the appeal. (e) Appeals Procedure. (1) Upon receipt of a notice of appeal, the Administrator shall set the matter for a hearing. (2) Any hearing required under this subchapter shall be conducted by an independent hearing officer according to the procedures specified in Government Code Section 11500 et seq. (The Administrative Procedures Act). (3) A hearing requested by the OSRO shall be conducted within 90 calendar days after the request for appeal is received by the Administrator, unless a later date is mutually agreed upon by the parties. (4) After conducting any hearing pursuant to this section, the hearing officer within 30 calendar days after the hearing is held, shall issue a written decision. (5) Within 60 calendar days after service of a copy of a decision issued by the hearing officer, any person so served may file with a court a petition for writ of mandate for review of the decision. Any person who fails to file the petition within the 30-day period may not challenge the reasonableness or validity of a decision or order of the hearing officer in any judicial proceedings brought to enforce the decision or order or for other remedies. Except as otherwise provided, Section 1094.5 of the Code of Civil Procedure shall govern any proceedings conducted pursuant to this Section 819.07. In all proceedings pursuant to this Section 819.07, the court shall uphold the decision of the hearing officer if the decision is based on substantial evidence in the whole record. The filing of a petition for writ of mandate shall not stay any corrective action required pursuant to this act. This subdivision does not prohibit the court from granting any appropriate relief within its jurisdiction. The decision of the hearing officer shall constitute the final administrative decision. Note: Authority cited: Sections 8670.28 and 8670.30, Government Code. Reference: Sections 8670.28 and 8670.30, Government Code. s 820.01. Drills and Exercises -Evaluation and Credit. (a) Exercises shall be designed to exercise either individual components of the plan, as described in 820.01(c), or the entire response plan. Such exercises, individually or in combination, shall ensure that the entire plan is exercised at least once every three years. Any number of components may be tested during the exercises required by Sections 817.02(k)(1), 817.03(k)(1), 818.02( l )(1) and 818.03(l)(1). (b) To receive credit from OSPR for an exercise, the following notification requirements must be met: (1) The owner/operator shall invite the Administrator to participate in both the equipment deployment exercises and the management team tabletop exercises and shall submit written notification including, but not limited to, the following information: company name, address, marine facility/vessel name, OSPR contingency plan number, point of contact, phone/FAX number, type of exercise, date, time and location of exercise, sensitive sites being tested, exercise scenario description, objectives to be tested, and other participants in the drill. The owner/operator may use the OSPR Exercise Notification Form (FG OSPR 1964, 3/10/97) or a document that includes the same information as the Notification Form, for this purpose. (2) The Administrator shall be given the following advance notice: EXERCISE TYPE MINIMUM NOTIFICATION REQUIRED Tabletop Exercise, In-State 30 days Tabletop Exercise, Out-of-State 90 days Equipment Deployment Exercise 30 days Full Scale Combination Exercise 60 days Area Exercise 120 days Internal Unannounced Exercise 30 days (c) The Administrator shall determine if the elements of the plan were adequately tested by the exercise scenario and the response of the participants. The Administrator shall give credit for all exercise objectives successfully met during the exercise. Objectives not successfully met during the exercise will not receive credit and must be exercised again within the three year cycle. Exercise objectives shall include, but not be limited to, the following (as set forth in Appendix B of the PREP guidelines): (1) Notifications: Test the notification procedures identified in the contingency plan; (2) Staff mobilization: Demonstrate the ability to assemble the spill response organization identified in the contingency plan; (3) Unified Command: Demonstrate the ability of the spill response organization to form or interface with a Unified Command; (4) Discharge Control: Demonstrate the ability of the spill response organization to control and stop the discharge at the source; (5) Assessment: Demonstrate the ability of the spill response organization to provide an initial assessment of the discharge and provide continuing assessments of the effectiveness of the tactical operations; (6) Containment: Demonstrate the ability of the spill response organization to contain the discharge at the source or in various locations for recovery operations; (7) Recovery: Demonstrate the ability of the spill response organization to recover the discharged product; (8) Protection: Demonstrate the ability of the spill response organization to protect the environmentally and economically sensitive areas identified in the approved Area Contingency Plans; (9) Waste Management: Demonstrate the ability of the spill response organization to properly manage the recovered product and to develop a waste management plan for approval by the Unified Command. The plan will include appropriate procedures for obtaining permits and/or waivers, waste characterization, waste minimization, volumetric determination, and overall waste management and final disposition, as appropriate; (10) Communications: Demonstrate the ability to establish an effective communications system for the response organization; (11) Transportation: Demonstrate the ability to provide effective multi-mode transportation both for execution of the discharge and support functions; (12) Personnel Support: Demonstrate the ability to provide the necessary support of all personnel associated with the response; (13) Equipment Maintenance and Support: Demonstrate the ability to maintain and support all equipment associated with the response; (14) Procurement: Demonstrate the ability to establish an effective procurement system; (15) Documentation: Demonstrate the ability of the spill response organization to document all operational and support aspects of the response and provide detailed records of decisions and actions taken. These documents shall be provided to the Administrator upon request. (d) The owner/operator shall provide the following documentation in order to receive credit from OSPR for any exercise conducted: (1) the contingency plan number; (2) a list of all other participants and their roles, including contingency plan numbers if applicable; (3) the objectives tested, as listed in (c) above; (4) the ACP-listed environmentally sensitive site protection response strategies tested; (5) copies of documents created for the drill or exercise (such as the site safety plan and the incident action plan, if written); (6) a list of the other regulatory agencies attending the drill or exercise, if any; and, (7) an exercise evaluation or post-spill critique. (8) for all exercises: (A) information to demonstrate whether the identified objectives as listed in subsection (c) above, have been met. The Evaluator Work Sheet (FG OSPR 1963, 2/9/98) or a form that includes the same information, may be used to gather this information; (B) information of concern to the local Area Planning Committee including, but not limited to, the following: objectives tested, observations and description of successful positive action or statement of problem, and any recommendations for suggested action or improvement to Area Contingency Plans, marine facilities and vessel plans, response contractors, federal agencies, state agencies, local agencies, training or exercise programs. The USCG/OSPR Lessons Learned Reporting Form (ACP LL Rev. 2/98 ), or a form that includes the same information, may be used to gather this information. (9) for all tabletop exercises: (A) information including, but not limited to, the following: date of exercise, exercise or actual response; location; time started/time completed; the response plan scenario used; size of spill; evaluation of the spill management team's knowledge of the oil spill response plan; determination of proper notifications; evaluation of the communications system; ability to access contracted oil spill removal organizations; ability to coordinate spill response with On-Scene Coordinator, state and applicable agencies; and ability to access sensitive site and resource information in the Area Contingency Plan if referenced. The Spill Management Team/Tabletop Exercise Report (FG OSPR 1966, 5/7/97) or a form that includes the same information, may be used to gather this information. (10) for all equipment deployment exercises: (A) information including, but not limited to, the following: date; identity of marine facility/vessel; location(s); time started/completed; equipment ownership; a list of type and amount of all equipment deployed and number of support personnel employed; description of the exercise goals and a list of any Area Contingency Plan strategies tested, with a sketch of equipment deployments and booming strategies; if marine facility- owned equipment, was at least the amount of equipment deployed necessary to respond to the average most probable spill; was equipment deployed in its intended operating environment; was a representative sample of OSRO-owned equipment deployed; was the OSRO-owned equipment deployed in its intended operating environment; description of the marine facility's comprehensive training and equipment maintenance programs; did personnel responsible for equipment deployment actually deploy the equipment; and was deployed equipment operational. The Equipment Deployment Evaluation Form (FG OSPR 1965, 2/20/97), or a form that includes the same information, may be used to gather this information. (e) The Administrator shall issue a report within 90 days to the owner/operator for any exercise attended by OSPR personnel, which evaluates the adequacy of the exercise scenario to test elements of the plan and its implementation, and the response of the participants. Any inadequacies noted in the Administrator's report must be addressed in writing by the owner/operator within 60 days of the receipt of the Administrator's report. The owner/operator's response shall outline remedies to the noted inadequacies including, but not limited to, any necessary changes to the plan, any changes in contracted or owned response resources, changes in or additions to training, and/or the need for additional drills or exercises. The owner/operator's response shall include a schedule for implementing the remedies. (f) Protective Response Strategies For Environmentally Sensitive Sites (1) Owner/operators are required to exercise protective response strategies for all ACP-listed environmentally sensitive sites within the area identified as impacted in their Off-site/Environmental Consequence Analysis for their reasonable worst case spill. Owner/operators are required to submit a schedule, within 60 days of the effective date of this subchapter, for exercising the protective response strategies. Owner/operators are required to demonstrate to the Administrator that these areas have been tested, either with owner/operator owned equipment or through an OSRO under contract with the owner/operator. (A) Each schedule shall be approved or denied within 180 days after receipt by the Administrator. (B) The Administrator shall determine whether each schedule adequately assures that the shoreline protection strategies for all environmentally sensitive sites identified as potentially impacted will be exercise. If it is determined that a schedule is inadequate, it will be returned to the submitter with a written explanation of deficiencies and, if practicable, suggested modifications or alternatives. (C) Upon notification of a schedule's deficiencies, the submitter will have 90 days to submit a new or modified schedule. Such a re-submittal shall be treated as a new submittal and processed according to the provisions of this section. (2) The Administrator may approve an overall schedule to exercise the protection strategies for an entire ACP area. Such a schedule may be submitted by the owner/operator or by an OSRO, individually or in some combination thereof, which covers the sensitive sites of the entire ACP area, or the sensitive sites identified in the owner/operator's off-site/environmental consequence analysis. A schedule to exercise the shoreline protection strategies for an entire ACP area may be approved by the Administrator, even if the exercises are not able to be completed in the triennial cycle. If the deployment of the shoreline protection strategy is not possible at a site due to statutory, regulatory, or health and safety reasons, the owner/operator must identify these sites, describe the reasons the strategies are not deployable in an exercise situation and what measures will be taken to assure the shoreline protection strategy for the site will function in an emergency. The owner/operator may proposed representative sites, in lieu of the sensitive sites in a given area, as long as the Administrator is assured that all sensitive sites for that area are able to be protected. (g) The Administrator may call a drill or exercise, or conduct an inspection, to validate all or part of a contingency plan. This drill, exercise, or inspection may be announced or unannounced. (h) Substitution (1) In-State Exercises In substitution for the exercises required by Subsections 817.02(k)(1)(A) through (C), 817.02(k)(1)(B) and (C), 818.02( l )(1)(C) and (D), and 818.03 ( l )(1)(B), the Administrator may accept an exercise conducted by the marine facility or vessel, and called by an agency other than the OSPR, if all of the following conditions are met: (A) the exercise tests one or more of the following: the marine facility or vessel's spill management team and spill response organization; deployment of the facility or vessel's response equipment; or deployment of other response resources identified in the contingency plan; and (B) the exercise is conducted with the U. S. Coast Guard, or another local, state or federal agency and the OSPR has been invited with the minimum notification required in Section 820.01(b)(2); and, (C) the owner/operator has received prior approval for the exercise substitution from the Administrator, and, (D) the Administrator finds the exercise objectives and evaluation criteria equal to or exceeding those of the OSPR. (2) Out-of-State Exercises In substitution for the spill management team tabletop exercises, the Administrator may accept an exercise conducted by the vessel owner/operator outside of the State of California if the following conditions are met: (A) the OSPR has been invited with the minimum notification required in Section 820.01(b)(2); and, (B) the owner/operator has received prior approval for the exercise substitution from the Administrator; and, (C) the Administrator finds the exercise objectives and evaluation criteria equal to or exceeding those of the OSPR. (D) The only exercise that can be substituted under this provision is an exercise of the spill management team and a response management organization that is separate from the vessel operation itself. (i) OSRO Exercises An exercise of an OSRO's services may fulfill the equipment deployment exercise requirement of Section 817.02(k)(3) for any marine facility, or Section 818.02 ( l )(1)(D) for any vessel, that utilizes the OSRO's plan to fulfill the response requirements of the facility's or vessel's own plan. These exercises will not fulfill the semi-annual equipment deployment exercise requirement of marine facility-owned equipment pursuant to Section 817.02(k)(1)(B). (j) Unannounced Exercises An unannounced exercise may be used to satisfy the exercise requirements of this subsection under the following conditions: (1) The owner/operator shall submit a written request to the administrator within 90 days after the unannounced exercise is conducted asking that the exercise be considered in substitution for one or more of the required exercises, and; (2) the exercise tests one or more of the following: 1) the marine facility's or vessel's spill management team and spill response organization, 2) deployment of the facility's or vessel's response equipment, or 3) deployment of other response resources identified in the facility's or vessel's plan; and: (3) for Internal Unannounced Exercises, the owner/operator shall comply with all requirements of Subsections 820.01(b) through (e); or (4) for External Unannounced Exercises, the owner/operator shall comply with all the requirements of Subsections 820.01(c) through (e). (k) Actual Spill (1) Actions taken in response to an actual spill may be considered for exercise credit upon request of the owner/operator if all of the following conditions are met: (A) the OSPR receives the documentation, as appropriate, outlined in Section 820.01(d); and, (B) the OSPR receives documentation of State OES oil spill notification, and the owner/operator provides all the information required on the OSPR Notification Form (FG OSPR Form 1964); and, (C) activation of the spill management team is successfully accomplished; and, (D) OSPR or another regulatory agency responds to the spill. A written response/evaluation by the owner/operator may be accepted by OSPR in lieu of an agency report if an agency report is not prepared; and, (E) the response was carried out in accordance with an approved contingency plan, the appropriate Area Contingency Plan, and/or in accordance with the directions of the Administrator or Federal On-Scene Coordinator; and (F) the OSPR receives a report from the Responsible Party as to cause of the spill, and procedures or other measures adopted to prevent a similar reoccurrence. Note: Authority cited: Sections 8670.10 and 8670.28, Government Code. Reference: Sections 8670.7, 8670.10, 8670.28, 8670.29 and 8670.30, Government Code. s 825.01. General Outline. 825.01 General Outline. 825.03 Purpose and Scope 825.05 Definitions 825.07 General Requirements 826 Plan Submittal, Review and Approval 826.01 Plan Submittal 826.02 Plan Format 826.03 Plan Review and Approval 826.04 Plan Implementation and Use 826.05 Plan Updates/Resubmission 826.06 Compliance Requirements/Penalties 827 Nontank Vessel Contingency Plans 827.01 Applicability 827.02 Nontank Vessel Plan Content s 825.03. Purpose and Scope. This subchapter sets forth planning requirements for oil spill prevention and response for nontank vessels (300 gross tons or greater) in California. The planning requirements specify that the owner/operator of a nontank vessel must have contracted for resources sufficient to respond to all spills up to the reasonable worst case spill in the time frames specified. The reasonable worst case spill volume will dictate the amount of response equipment and personnel that the owner/operators must have available at the time of a spill. The equipment that the owner/operators have available must also be applicable to the areas of intended use. This subchapter requires that trajectory analyses be conducted to determine the probable areas of the coastline that could be impacted by a spill. Based on these trajectories the owner/operators will be able to ascertain the type of equipment that must be available, such as shallow-water skimmers, as well as the appropriate response strategies necessary to protect and clean up the shoreline types that could be affected. The trajectories established for the scenarios from the appropriate and most recent Area Contingency Plans (ACP) may be used for this purpose, if appropriate and approved by the Administrator. The information required by this subchapter must be submitted to the Office of Spill Prevention and Response (OSPR), and maintained by the owner/operator, in separate volumes. A principal volume will be compiled to contain all the required information, calculations, studies, maps and related data. A separate volume will be set up as a initial response activity manual and will contain only the information that response personnel will need at the time of a spill to facilitate the immediate notification and response actions that are mandated. To the greatest extent possible, California has endeavored that this subchapter be consistent with the scope and intent of California's tank vessel oil spill contingency plan regulations, the enabling legislation Senate Bill 1644 (Chapter 964, Statutes of 1998), and the Federal oil spill response regulations; taking into consideration the differences in environmental risk between spills from nontank vessels and tank vessels. Information developed to demonstrate compliance with other applicable Federal, State, and International (e.g., International Maritime Organization, etc.) requirements may be used to demonstrate compliance with all or part of this subchapter to the extent that the information meets the requirements of this subchapter. The Area Contingency Plans (ACP) completed by the Coast Guard, State Agencies, and Local Governments, with public participation, as required by the Oil Pollution Act of 1990 (33 USC 2701, et seq.), shall be used as guidelines for determining whether an individual contingency plan provides for the best achievable protection. Some of the documentation from the most recent Area Contingency Plans may be used in lieu of developing comparable documentation to fulfill certain required contingency plan elements. Note: Authority cited: Section 8670.32(g), Government Code. Reference: Section 8670.32(g), Government Code. s 825.05. Definitions. In addition to the definitions in Chapter 1, Section 790 of this subdivision, the following definitions shall govern the construction of this subchapter. Where similar terms are defined, the following will supersede the definition in Chapter 1: (a) "Contract or Other Approved Means" includes any of the following: (1) a written, signed contractual agreement between a nontank vessel owner/operator and an Oil Spill Response Organization(s) (OSRO) identifying and ensuring the availability of the required personnel and equipment capable of responding to an oil spill within the required response times and in the specified Geographic Regions; or (2) written certification that the necessary personnel and equipment are owned or operated by the nontank vessel owner/operator and are available within the required response times and in the specified Geographic Regions; or (3) written evidence of active membership in a local or regional oil spill response organization (OSRO) that has the necessary personnel and equipment to ensure the availability of the required resources capable of responding to an oil spill within the stipulated response times and in the specified Geographic Regions; and a summary of the response services provided, commensurate with the response resources required in this subchapter. (4) The owner/operator shall notify the Administrator within five days of a change in contracted resources/membership in a local or regional OSRO. (5) A response person or organization shall be deemed to be in compliance with the applicable contingency plans by acting in good faith to make available the equipment and/or services that such person or organization has agreed to provide. (b) "Equipment Deployment Exercise" means an exercise of oil spill response equipment identified in an oil spill contingency plan through its actual deployment and operation as it would be used in spill response efforts in an environment of similar water depth, current velocity, tidal range, and substrate to the environment where the equipment may need to be used in an actual oil spill response. (c) "Implementation of the Plan" means that all essential provisions have been taken to enable the plan or any portion of the plan to become operational. (d) "Innocent Passage" means navigation through the territorial sea for the purpose of traversing that sea without entering internal waters or calling at a roadstead or port facility outside internal waters. Passage shall be continuous and expeditious. However, passage includes stopping and anchoring, but only in so far as the same are incidental to ordinary navigation or are rendered necessary by distress or for the purpose of rendering assistance to persons, ships or aircraft in danger or distress. (e) "Letter of Approval" means a letter or other written conveyance issued by the Office of Spill Prevention and Response to an OSRO for its OSRO application, or to the owner/operator of a nontank vessel for its contingency plan following verification, inspection, final review, and approval of the OSRO's application or the nontank vessel's contingency plan, respectively. (f) "Marine Waters", for the purpose of this subchapter, means those California marine waters subject to tidal influence including all waterways used for waterborne commercial nontank vessel traffic to the Port of Stockton and the Port of Sacramento. (g) "Nontank Vessel" means a vessel of 300 gross tons or greater, other than a tank vessel, not designed to carry oil as cargo. (h) "Plan Holder" means the owner/operator of a nontank vessel responsible for the development, submittal, update, maintenance of, and compliance with the oil spill contingency plan required under this subchapter. (i) "Plan Recipient" means a receiving agency and any other entity who has been designated in this subchapter to receive a copy of the nontank vessel oil spill contingency plan. (j) "Reasonable Worst Case Spill" means a spill of the total volume of the largest fuel tank on the nontank vessel. (k) "Shallow-Draft Vessel" means: (1) for purposes of boom deployment, a vessel that must be able to operate in water depths of two feet or less; (2) for purposes of skimming operations, a vessel and attendant skimming system that must be able to operate in water depths of three feet or less. (l) "Spill Management Team" means the personnel identified in an oil spill contingency plan to staff the organizational structure that will manage all aspects of response, containment, and clean up and is able to fully integrate into an Incident Command/Unified Command structure, as required by the National Contingency Plan and the State Marine Oil Spill Contingency Plan. (m) "Tabletop Exercise" means an exercise of an oil spill contingency plan and the spill management response efforts without the actual deployment of response equipment. A tabletop exercise usually involves the enactment of a response to a simulated spill. (n) "Waters of the State", for the purpose of this subchapter, means those California waters subject to tidal influence including all waterways used for waterborne commercial nontank vessel traffic including the Port of Stockton and the Port of Sacramento. Note: Authority cited: Section 8670.32(g), Government Code. Reference: Section 8670.32(g), Government Code. s 825.07. General Requirements. (a) A nontank vessel of 300 gross tons or greater shall not operate in marine waters unless the owner or operator has an oil spill contingency plan prepared and submitted in accordance with this subchapter for the Geographic Regions (as defined in Section 790 of this subdivision) the nontank vessel transits. (b) No person shall load oil onto, or from a nontank vessel unless the following conditions are met prior to transfer operations: (1) after initial submittal but prior to approval of the contingency plan, the nontank vessel owner/operator must provide the owner/operator of the marine facility or vessel providing fuel with a certified copy of the letter/certificate acknowledging the receipt of the nontank vessel's oil spill contingency plan by the Administrator, if the marine facility or vessel providing fuel does not already have such a letter on file; (2) after approval of the initial submittal of the contingency plan, the owner/operator of the nontank vessel must provide the owner/operator of the marine facility or vessel providing fuel with a copy of the letter approving the current oil spill contingency plan for that nontank vessel if the marine facility or vessel providing fuel does not already have such a letter on file; (3) the nontank vessel owner/operator must notify the marine facility or vessel providing fuel of any change in the approval status not reflected by the letter on file at that marine facility; and (4) the owner/operator of the nontank vessel must certify that a complete copy of the initial response activity manual for that nontank vessel is on board the nontank vessel. (5) Responsibility for initial notification of a spill that occurs during transfer operations will be determined as part of the pre-transfer agreement made between the nontank vessel and the facility or vessel providing fuel. This agreement should specify who will be responsible for notification of the appropriate state and federal agencies. If the responsible party can not be immediately identified, the pre-transfer agreement should specify which party will activate their oil spill response plan until a responsible party can be determined by the State Incident Commander or the Federal On-Scene Coordinator through the Unified Command. (c) Each plan shall be consistent with the State Marine Oil Spill Contingency Plan and not in conflict with the National Contingency Plan, or the applicable Federal Area Contingency Plans. (d) nothing in this subchapter shall, in any manner or respect, impair or limit the authority of the California Coastal Commission or San Francisco Bay Conservation and Development Commission to review federal activities, federal development projects, or federally-permitted or licensed activities, as authorized pursuant to the Coastal zone Management act of 1972 (16 U.S.C., section 1451 et seq.). Nor shall this subchapter impair or limit the authority of the California Coastal Commission or San Francisco Bay Conservation and Development Commission to ensure such activities or projects are performed in a manner that is consistent, to the extent required by applicable law, with the enforceable policies of the California Coastal Management Program. (e) All plans shall be written in English, and the initial response activity manual portion shall also be in a language that is understood by all crew members responsible for carrying out the plan. Note: Authority cited: Sections 8670.32(a), (b) and (g), Government Code. Reference: Sections 8670.32(a), (b) and (g), Government Code. s 826. Plan Submittal, Review and Approval. s 826.01. Plan Submittal. (a) Plans: Unless otherwise exempt, each owner/operator of a nontank vessel shall provide an oil spill contingency plan for that nontank vessel. The plan may be specific to an individual nontank vessel or may apply to a fleet of nontank vessels. All nontank vessel-specific elements required by Subsections 827.02(a) through (f) of this subchapter shall be addressed for an individual nontank vessel or all the nontank vessels included in a Fleet Plan. (1) Response Elements: (A) Nontank Vessel Fleet Plans Fleet contingency plans may be submitted by an owner/operator that has a number of nontank vessels that transit the same or substantially the same routes in marine waters. Nontank vessels may be added to a fleet tank vessel contingency plan providing all of the requirements of this subchapter are met. 1. A fleet contingency plan shall contain all prevention and response elements required pursuant to this subchapter. (2) Incorporation of Other Plans and Reference Documents An individual or fleet contingency plan shall contain all prevention and response elements required pursuant to this subchapter. Citing specific relevant sections of appropriate reference material may be an acceptable alternative to reproducing the full text, maps, diagrams, etc., in the contingency plan. The Administrator will determine if such submissions or citations adequately meet the requirements of this subchapter prior to final plan approval. Examples of plans or other reference documents that may be submitted or cited include, but are not limited to, the following: (A) Plans Submitted to International, Federal or State Authorities: Appropriate sections of plans submitted to and approved by any state, federal or international authority may be either submitted or cited, as approved by the Administrator, to meet part of the requirements contained in this subchapter. These references may include documents submitted to comply with California's tank vessel contingency plan requirements, U.S. Coast Guard requirements, or the International Safety Management (ISM) Code. (B) Federal Area Contingency Plans (ACP) and Geographic Response Plans (GRP): Information from ACP's and GRP's currently in effect which meet the requirements of Subsections 827.02(g) through (n) may be cited. Information from ACP's and GRP's that are not currently in effect must be submitted. (C) Privately Prepared Reference Documents: Private companies may prepare reference documents specifically intended to address part or all of the requirements of Subsections 827.02(g) through (n) of this subchapter. These documents may incorporate other plans or reference documents pursuant to this Subsection 826.01(a)(2). With a company's authorization, a plan holder may submit such a document in its entirety to meet part or all of the requirements of Subsections 827.02(g) through (n). (D) Approved OSRO: When contracting with an OSRO, approved by OSPR pursuant to Title 14, California Code of Regulations (CCR) Section 819.02, to meet the oil spill response requirements under this subchapter, the owner/operator may cite the approved OSRO application in lieu of listing the OSRO's response resources which meet the requirements of 14 CCR Section 819.02. (E) If approved by the Administrator, plans, reference texts and other materials not listed above may be submitted to meet part of the requirements of this subchapter. (b) Time frames: (1) Any nontank vessel that is operating, or first begins operating, in marine waters after September 1, 1999, shall submit a contingency plan that is received by OSPR at least seven working days prior to entering marine waters. Nontank vessel owner/operators shall notify the Administrator by facsimile prior to entering marine waters for the harbors of Humboldt Bay, Port Hueneme, Monterey Bay, and San Diego, and the ports of Stockton and Sacramento. (2) On a one-time basis only, the Administrator may allow a nontank vessel to enter marine waters in a shorter time period if the nontank vessel owner/operator provides to OSPR all of the following: (A) Nontank vessel name, call sign, official number, length, gross tonnage, fuel type and total volume, capacity of largest fuel tank, type of cargo carried, amount of cargo on-board, destination, intended route while in the marine waters, and address and telephone number of both the owner and operator; (B) A copy of a valid contract for response resources that meet the requirements of this subchapter; (C) Identification, including telephone number and facsimile number, of a Qualified Individual; and (D) Evidence of Financial Responsibility in the amount of three hundred million dollars ($300,000,000). (c) Receiving Agencies: (1) One copy of the applicable contingency plan covering each Geographic Region the nontank vessel transits shall be delivered to the Marine Safety Branch of the Office of Spill Prevention and Response within the Department of Fish and Game. Delivery of the plan may be in person or by registered mail with return receipt requested, or the equivalent. Additional hard copies shall be provided to an OSPR regional office upon request. (2) Within two working days of a request from the Administrator, additional copies shall be mailed by the plan holder to other member agencies of the State Interagency Oil Spill Committee and the State Oil Spill Technical Advisory Committee. (3) Any additional copies shall be submitted within two working days of a request by the Administrator. (4) In addition to the original hard copy of the contingency plan, a copy may be provided to OSPR on electronic media, in a format approved by the Administrator. (d) Confidentiality: (1) A plan holder may request that proprietary information be kept confidential. Such a request must include justification for designating the information as confidential. The Administrator will make a determination regarding that information which may be considered confidential and removed from any copy of the plan that is made available for public review. (A) A plan holder may also request that any reports or studies prepared or submitted under any contingency plan requirements be designated as proprietary information. Such a request must include justification for designating the report or study as confidential. (2) Any information designated as confidential must be clearly identified as proprietary. (3) If a plan holder designates information as confidential, two different copies of the plan must be submitted as follows: (A) one copy shall contain the confidential information. This plan will be utilized by the Administrator in the review and approval process; (B) one copy shall be submitted with the confidential information removed. This copy will be available for public review. This plan must contain sufficient information in place of the confidential information so that any individual reviewing the plan will understand all the notification, prevention and response elements of the plan. (C) Any plan submitted to any state agency, as required by this section, must include all confidential information. Note: Authority cited: Sections 8670.32(c) and (g), Government Code. Reference: Sections 8670.32(c) and (g), Government Code. s 826.02. Plan Format. Each plan shall be organized into at least two separate volumes: an initial response activity manual and a principal volume or volumes with related appendices. The format for each is outlined below: (a) Initial Response Activity Manual: A simplified initial response activity manual, suitable for on-scene use in the event of a spill, which summarizes the key notification information outlined in subsection 827.02 (d) and the initial shipboard response actions necessary to minimize the impact of a spill on marine waters, shall be prepared and submitted with each plan. (1) Nontank vessels that have an approved Ship-board Oil Pollution Emergency Plan (SOPEP), may certify compliance with the emergency ship-board procedures requirements of the SOPEP, or may submit a copy of their Letter of Approval for their SOPEP, in lieu of providing the initial shipboard response actions specified in (a) above. The SOPEP shall be submitted to the Administrator upon request, (2) The initial response activity manual shall be maintained on board the nontank vessel at all times. (b) Principal Volume of the Plan: (1) The principal volume of the plan shall include all the required information including a summary of the conclusions of all studies, calculations and analyses, as applicable. (2) The principal volume of each plan shall be organized to facilitate access to information, and shall include: (A) a detailed table of contents with chapters arranged, to the extent possible, in the same order in which the requirement for that information appears in this subchapter, or alternately with a cross reference to the requirements of this subchapter; (B) a system of numbered chapters, sections and appendices; (C) index tabs for locating plan chapters; (D) a log sheet placed in the front of the plan for recording all amendments and updates; and (E) amendments and updates that are consecutively numbered and dated. (3) Each plan shall be submitted on 8 1/2 by 11 inch paper, in a loose-leaf binder to allow replacement of chapters or appendix pages without requiring replacement of the entire plan. Amendments and updates shall be hole-punched and in a format that will fit the binder that was submitted with the plan. (c) References to Other Plans or Documents: If references to other plans or documents are included in a contingency plan, as specified in Section 826.01(a)(2) above, the following must also be submitted: (1) a listing of all the elements of the individual or fleet nontank vessel contingency plan that will be replaced by elements in the referenced plan or document, with an index specifying the location of the required elements, by regulation section, that will be met by the referenced plan or document. Note: Authority cited: Section 8670.32(c) and (g), Government Code. Reference: Section 8670.32(c) and (g), Government Code. s 826.03. Plan Review and Approval. (a) No nontank vessel shall operate in marine waters until the owner/operator is notified that the contingency plan meets the minimum requirements listed in this subsection. A contingency plan shall be reviewed for these minimum requirements within seven working days of notification that the nontank vessel is entering marine waters, and the vessel owner/operator shall be notified in writing that: 1) the plan meets the minimum requirements; or 2) the plan is deficient and what specific information is needed, and that the nontank vessel shall not enter marine waters until the following information has been provided: (1) Nontank vessel name, call sign, official number, length, gross tonnage, fuel type and total volume, capacity of largest fuel tank, destination, intended route while in marine waters, and address and telephone number of both the owner and operator; (2) Evidence of a contract or other approved means (as defined in Section 825.05 of this subchapter), documenting that the oil spill response organization(s) that are named in the plan will provide the requisite equipment and personnel in the event of an oil spill, for each Geographic Region the nontank vessel transits; (3) Identification, including telephone number and facsimile number, of a Qualified Individual; and (4) Evidence of financial responsibility in the amount of three hundred million dollars ($300,000,000). Documentation that a California Certificate of Financial Responsibility is being processed will fulfill this requirement. (b) Time frames: (1) After notification that the plan meets the minimum requirements specified in Subsection (a), each plan shall be reviewed for all the requirements of this subchapter and be approved or denied within 180 days. (2) The Administrator shall determine whether each plan complies with the regulations governing the contingency planning process. If the administrator determines that a plan is inadequate, a written explanation of deficiencies shall be sent to the plan holder. (3) Upon notification of a plan's deficiencies, the plan holder will have 90 days to submit a new or modified plan, or make corrections to their original plan. Such a re-submittal shall be treated as a new submittal and processed according to the provisions of this section (b). (c) Prior and subsequent to plan approval, the Administrator may make an on-site inspection and require an unannounced drill of all or part of any contingency plan submitted in order to determine the plan's adequacy pursuant to the authority in Government Code Section 8670.10(a). (d) Public Review and Comment: Contingency plans will be made available for review by any interested member of the general public at the headquarter's office of OSPR. (1) Any person interested in reviewing the plan shall contact the Administrator to request an appointment to review the plan at the headquarter's office of OSPR. Copies of the plans will be provided at the cost of duplication. (2) Any interested person may review a plan and submit written comments prior to the Administrator's approval or disapproval of the initial plan or plan updates. Such comments will be taken into consideration in the Administrator's review process. (e) Plan Approval: (1) Unless the Administrator determines otherwise on a case-by-case basis, a contingency plan will be considered to be effective upon notification per Subsection (a) pending final approval unless and until the owner/operator is notified that the plan is inadequate per Subsection 826.03(f). (2) A contingency plan shall be approved if it adequately addresses all of the requirements specified in this subchapter. (3) Any revised plan submitted by an owner/operator in response to a notification of inadequacy shall be considered approved unless otherwise notified by the Administrator within the time frames established in Section 826.03(b). (4) The Administrator shall consider any comments submitted by other agencies or interested parties when approving or disapproving the plan. (5) The Administrator shall notify the plan holder when a contingency plan has been approved. The Administrator shall issue a letter of approval and certificate describing the conditions of approval, if any, and specifying the expiration date of the Letter of Approval and certificate. (f) Denial or Revocation of Plan: (1) Approval shall be denied or revoked if a plan does not comply or maintain compliance with this subchapter. (2) If approval is denied or revoked, the Administrator shall notify the plan holder in writing of the reasons for denial or revocation and provide an explanation of those actions necessary to secure approval. (A) the plan holder shall have 90 days from notification to submit a new or revised plan that incorporates the recommended changes, during which time the plan is considered effective pending final approval. (B) No nontank vessel shall operate in marine waters if it fails to gain approval of its contingency plan after the second submission, until a subsequent submission is approved. (g) Appeals: The plan holder may appeal a decision made by the Administrator regarding a contingency plan in accordance with the following provisions: (1) the plan holder may submit a written request for reconsideration to the Administrator regarding any decision of denial or revocation of approval. Requests must be submitted within 15 calendar days from the date the plan holder receives notice that final approval of the plan has been denied. The request must contain the basis for the reconsideration and, if available, provide evidence which rebuts the basis for the Administrator's decision regarding the plan; (2) within 15 working days following the receipt of the request for reconsideration, the Administrator shall send the plan holder a notice that the decision has been rescinded and that the plan is approved, or that the Administrator rejects the request for reconsideration and shall adhere to the earlier decision; (3) the plan holder may, within 15 calendar days after receipt of notice that reconsideration has been denied, request a hearing in writing. No such hearing may be requested unless and until all remedies pursuant to this section have been exhausted. The Administrator shall conduct a reconsideration hearing upon request; (4) the proceedings and hearings under this section shall be conducted in accordance with Chapter 4.5 (commencing with Section 11400) of Part I of Division 3 of Title 2 of the Government Code, including the right of judicial review as provided for in Section 11460.80 of the Government Code. (h) Proof of Approval: A nontank vessel plan holder shall keep the Letter of Approval, or a copy certified to be true and accurate, filed in the front of the initial response activity manual carried aboard the nontank vessel. The approval letter or certificate shall be presented upon request to any official representing the Administrator, or to the operator of a marine facility or vessel providing fuel prior to an oil transfer. (i) Liability: Approval of a plan does not constitute an express assurance regarding the adequacy of the plan in the event of a spill nor does it constitute a defense to liability on the part of the operator or owner. Note: Authority cited: Sections 8670.32(b), (c) and (g), Government Code. Reference: Sections 8670.132(g), and (h), 11400-11470.50 and 11460.80, Government Code. s 826.04. Plan Implementation and Use. (a) Availability: (1) Nontank Vessel Initial Response Activity Manual (A) The owner/operator shall maintain a copy of the nontank vessel's approved initial response activity manual. (B) The owner/operator shall maintain a copy of the nontank vessel's approved initial response activity manual on board the nontank vessel at all times. (C) The approved initial response activity manual must be in a central location accessible to key response personnel at all times. (2) The qualified individual shall maintain a complete copy of the contingency plan including the initial response activity manual and any material referenced in the plan. The plan and any referenced material must be available for use in the event of an incident. (3) Immediate Notification Information (A) the immediate response and notification information shall be posted in a conspicuous location with access to a telephone, or other similar means of communication. This information shall include the names and telephone numbers of the individuals, agencies and organizations who must be immediately notified when a spill occurs. (b) Implementation: (1) Each contingency plan shall be effective upon submittal, pending final approval, or until denied or revoked, as described in Section 826.03(f). (2) An owner/operator, or any of his/her agents and employees shall use and implement the contingency plan in the event of an oil spill or an oil spill drill. (3) Any deviation from any major element of the contingency plan must be approved by the Administrator in advance of the change. A major element is one that will affect timely and adequate oil spill response. (4) All involved parties shall carry out whatever direction is given by the Administrator in connection with the response, containment, and clean up of a spill. A responsible party or potentially responsible party may refuse to accept a directive from the Administrator if: (A) the directions of the Administrator are in direct conflict with directions from the U.S. Coast Guard; and/or (B) the party reasonably, and in good faith, believes that the directions or orders given by the Administrator will substantially endanger the public safety or the environment. (5) If a party refuses to accept the directive of the Administrator, the party shall state the reason why they have refused at the time of refusal, and: (A) the party who has refused a directive shall follow up a verbal explanation of their refusal with a written notice to the Administrator explaining in full the reason(s) for refusing the directive. The written notice must be submitted to the Administrator within 48 hours of the refusal; (B) the burden of proof shall be on the party to demonstrate, by clear and convincing evidence, why refusal to follow orders was justified. (6) Failure to implement the plan appropriately shall constitute a violation of this subchapter. (c) Coordination With Other Plans: (1) Each plan shall be consistent with an approved State Marine Oil Spill Contingency Plan and not in conflict with the National Contingency Plan. (2) Beginning with the first review and resubmission, each plan submitted shall be consistent with the appropriate Area Contingency Plan(s) completed by the Coast Guard, State Agencies, and Local Governments as required by the Oil Pollution Act of 1990, that are in effect on January 15 of the year in which the contingency plan update is required. Note: Authority cited: Section 8670.32(g), Government Code. Reference: Section 8670.32(g), Government Code. s 826.05. Plan Updates/Resubmission. (a) Time frames: (1) Update and Review (A) All existing plans for nontank vessels shall be resubmitted for review on September 1, 2001, and then once every five years thereafter. 1. A complete new plan must be resubmitted for the update and review only if there have been changes to the plan since the last submittal. If the plan has not changed, or the relevant Area Contingency Plan has not been amended, the owner/operator may submit a letter to the Administrator stating that the plan currently on file with the OSPR is up-to-date and complete. (B) The Administrator may require earlier or more frequent resubmission than that required in Subparagraph (A). The Administrator shall notify the owner/operator in writing if an earlier update is required. The notice shall include an explanation for the reasons for the update and the time frame to comply with the resubmission. The circumstances that would warrant an earlier review or update include, but are not limited to, the following: 1. a change in regulations or statute; 2. the development of new oil spill response technologies as determined by the Administrator during any review of response capability standards; 3. deficiencies identified during the Administrator's review of all the oil spill contingency plans; 4. an increased need to protect plant and wildlife habitat; 5. deficiencies in oil spill response capability identified during an oil spill; 6. deficiencies in oil spill response capability identified during an oil spill drill; 7. significant changes to the nontank vessel; and 8. any other situation deemed appropriate by the Administrator where deficiencies in the ability to provide timely and effective oil spill response are identified. (2) Unscheduled Updates (A) The Administrator shall be notified as soon as possible, but at least within 24 hours, of any significant change or update to an approved plan. 1. A significant change is one that could affect timely and adequate oil spill response including changes in nontank vessel ownership or P&I club coverage. 2. Changes which are not significant include minor changes in equipment, personnel, or operating procedures which do not affect timely and adequate oil spill response. 3. As soon as administratively feasible, the Administrator will approve any change that would benefit the public health and safety, improve environmental protection, or facilitate more effective response, containment and clean up. (b) Review and Approval of Plan Updates: (1) The Administrator shall deny approval of a resubmitted plan, or updated section(s) of a plan, if it is no longer adequate according to the adopted regulations in effect at the time of resubmission. (2) The review will be processed in accordance with the same time frames and procedures for submission of the initial plan. (c) Logging and Distributing the Revised Plan: (1) within 15-days of the Administrator's approval of revisions: (A) the contingency plan holder shall distribute the revised plan page(s) to all plan recipients. Faxed updates for insertion into the plan are not acceptable. (2) The updated page(s) shall have an update number and date revised on the bottom of each page, and shall be accompanied by an index of updates that includes update number, date revised, page(s) revised, and subject matter of update. In addition to the hard copy, this information may be submitted on electronic media, in a format approved by the Administrator. (3) The log sheet, located in the front of the plan, shall be used to record the date the amendment was received, the initials of the individual who received the amendment, and a description of the change. (d) Each plan recipient and/or each plan holder, as appropriate, must incorporate and utilize all updated materials as provided by the plan holder. Note: Authority cited: Section 8670.32(g), Government Code. Reference: Sections 8670.32(g) and (h), Government Code. s 826.06. Compliance Requirements/Penalties. (a) Except as provided in Subsection 827.01(b) of this subchapter, any nontank vessel subject to the provisions of this subchapter that enters marine waters without an approved contingency plan required by this subchapter or a certificate of financial responsibility issued by the Administrator shall be subject to an administrative civil penalty of up to one hundred thousand dollars ($100,000). The Administrator shall assess the civil penalty against the owner or operator of the nontank vessel. Each day the owner/operator of such a nontank vessel is in violation shall be considered a separate violation. (b) Except as provided in Subsection 827.01(b) of this subchapter, any nontank vessel owner/operator who knowingly and intentionally has the nontank vessel enter marine waters without an approved contingency plan required by this subchapter or a certificate of financial responsibility issued by the Administrator is guilty of a misdemeanor punishable by up to one year of imprisonment in the county jail, or by a fine of up to ten thousand dollars ($10,000), or by both the imprisonment and a fine. Each day the owner/operator of such a nontank vessel is in knowing and intentional violation shall be considered a separate violation. Note: Authority cited: Sections 8670.32(g), (l) and 8670.57,Government Code. Reference: Sections 8670.32(g), (l) and (m),Government Code. s 827. Nontank Vessel Contingency Plans. s 827.01. Applicability. (a) Plans: Unless nontank vessels are exempt as provided in Subsection (b) below, oil spill contingency plans shall be prepared, submitted and used pursuant to the requirements of this subchapter by all nontank vessels, 300 gross tons or greater, which transit in marine waters (as defined in Section 825.05 of this subchapter). (b) Exemptions: (1) Contingency plans are not required for non-self propelled nontank vessels that do not carry any oil. (2) This subchapter shall not apply to a nontank vessel that enters marine waters because of imminent danger to the crew, or in an effort to prevent an oil spill or other harm to public safety or the environment. This exemption applies if the following are met: (A) the operator and crew comply with all orders given by the Administrator or his/her designee, unless the orders are contradicted by orders from the U.S. Coast Guard; (B) the nontank vessel shall leave marine waters as soon as it is safe to do so, unless a contingency plan is approved or made applicable to its operation. (3) Response Vessels Contingency plans are not required for dedicated response vessels, which are those vessels that are dedicated to conducting response activities for an oil spill incident exclusively. (4) Innocent Passage Contingency plans are not required for nontank vessels engaged in innocent passage (as defined in Section 825.05 of this subchapter) within the waters of the state. Note: Authority cited: Sections 8670.32(b), (c) and (g), Government Code. Reference: Section 8670.32(g), Government Code. s 827.02. Nontank Vessel Plan Content. Nontank vessel owner/operators shall submit an individual nontank vessel or fleet contingency plan which shall include all of the information required by Subsections 827.02 (a) through (n) for each of the Geographic Regions the nontank vessel transits. Some of the documentation described in Subsection 826.01(a)(2) may be used in lieu of developing comparable documentation to fulfill certain required contingency plan elements if the documentation meets the requirements of this subchapter. Note:Subsections 827.02(a) through (f) contain the nontank vessel-specific elements of an oil spill contingency plan. (a) Introductory Material: (1) The owner/operator shall provide the following information for each nontank vessel covered by the plan: (A) the nontank vessel's name, country of registry, radio call sign, official identification number, IMO number and Lloyd's identification number; (B) name, address and phone number of the owner and/or operator of the nontank vessel(s). This information shall be referenced in the plan title or on a title page at the front of the plan; (C) the name, address and phone number of the person to whom correspondence should be sent; (D) the nontank vessel's classification, hull type, gross tonnage, maximum fuel amounts, length, draft and beam; (E) Certification Statement 1. Owner/operators shall provide a certification statement signed under penalty of perjury by an executive within the plan holder's management who is authorized to fully implement the oil spill contingency plan, who shall review the plan for accuracy, feasibility, and executability. If this executive does not have training, knowledge and experience in the are of oil spill prevention and response, the certification statement must also be signed by another individual within the plan holders' management structure who has this requisite training, knowledge, and experience. The certification shall be submitted according to the following format: "I certify, to the best of my knowledge and belief, under penalty of perjury under the laws of the state of California, that the nontank vessel-specific information contained in this contingency plan is true and correct and that the plan as a whole is both feasible and executable." __________ (Signature), (title), (date); (F) the California Certificate of Financial Responsibility (COFR) number for the nontank vessel(s) covered by the plan shall be included in the front of the plan or for fleet shall be indexed separately in a subsection of the plan. (G) Evidence of a contract or other approved means (as defined in Section 825.05 of this subchapter), documenting that the oil spill response organization(s) that are named in the plan will provide the requisite equipment and personnel in the event of an oil spill, for each Geographic Region the nontank vessel transits. (H) a copy of the nontank vessel's oil transfer procedures, in English. (2) Each plan shall identify a Qualified Individual (as defined in Chapter 1, Section 790 of this subdivision) and any alternates that may be necessary for the purpose of implementing the plan, and provide documentation that the Qualified Individual and any identified alternates acknowledge this capacity, for each nontank vessel covered by the plan. If an alternate or alternates are identified in the plan, then the plan shall also describe the process by which responsibility will be transferred from the Qualified Individual to an alternate. During spill response activities, notification of such a transfer must be made to the State Incident Commander at the time it occurs. (3) Each plan shall provide the name, address, telephone number and facsimile number of an agent for service of process designated to receive legal documents on behalf of each plan holder covered by the plan, and provide documentation that the agent for service of process acknowledges this capacity. Such agent shall be located in California. (b) Nontank Vessel Fuel and Tankage Description/Capacity: (1) The owner/operator shall provide information on the type(s) of fuel(s) normally used by each nontank vessel covered by the plan. A material safety data sheet (MSDS) or equivalent for each type of fuel used shall be provided to the Administrator upon request. (2) Each plan shall provide information on the total fuel capacity and the capacity of the largest fuel tank, of each nontank vessel covered by the plan. (c) Prevention Measures: (1) As applicable, the owner/operator shall either submit a Certificate Of Inspection (COI) issued by the U. S. Coast Guard, or a summary of certificates issued by a member of the International Association of Classification Societies of the most recent nontank vessel inspection, or verify that the nontank vessel has such a certificate or summary and that the certificate is available for review. (2) Nontank Vessels Subject to The International Safety Management Code (A) The owner/operator shall also submit a copy of their Safety Management Certificate to demonstrate compliance with the performance elements in the International Safety Management (ISM) Code subject to IMO Resolution A.741(18), or shall submit proof of compliance with the American Waterways Operator (AWO) Responsible Carrier Program, whichever is applicable. ISM Code requirements currently apply to: passenger ships, including passenger high speed craft; oil tankers; chemical tankers; gas carriers; bulk carriers; and cargo high-speed craft of 500 gross tons or greater. (B) ISM Code requirements will apply to other cargo ships and mobile offshore drilling units of 500 gross tons or greater on July 1, 2002, and the owner/operator shall submit a copy of their Safety Management Certificate on or before that date. (3) Bunkering Operations (A) When conducting bunkering operations in marine waters, a nontank vessel shall carry a seven-barrel spill kit for on-deck oil spills containing the following: 1. sorbents sufficient to absorb seven barrels of oil; 2. non-sparking hand scoops, shovels, and buckets; 3. portable containers suitable for holding seven barrels of recovered solid waste and seven barrels of recovered liquid waste; 4. a minimum of 15 gallons of a deck cleaning agent; 5. appropriate protective clothing to protect personnel from inhalation hazards, eye exposure, and skin contact; 6. non-sparking portable pumps with appropriate hoses; and 7. the equipment required in this section shall remain ready and pumps with appropriate hoses shall be rigged for immediate use during bunkering operations. (B) The equipment, personnel and procedures sufficient to contain a 50 barrel spill shall be present on-site during all transfer operations and deployable immediately in the event of an oil spill. Response resources owned or under contract to the marine facility or tank vessel engaged in oil transfer operations may be used to meet this requirement. (d) Notification Procedures: (1) The owner/operator shall provide a list of contacts to call in the event of a drill, threatened discharge of oil, or discharge of oil. The plan shall: (A) identify a central reporting office or individual who is responsible for initiating the notification process and is available on a 24-hour basis. The following information must be provided: 1. the individual or office to be contacted; 2. telephone number or other means of contact for any time of the day; and 3. an alternate contact in the event the individual or office is unavailable. (B) detail the procedures for reporting oil spills to all appropriate local, state and federal agencies within each of the six Geographic Regions that the nontank vessel transits; (C) establish a clear order of priority for notification. (2) Immediate Notification Nothing in this section shall be construed as requiring notification before response. (A) Each plan shall include a procedure for contacting the spill response contractor in each of the six Geographic Regions that the nontank vessel transits within 30 minutes of the discovery of a discharge of oil or threatened discharge of oil. (B) Each plan shall include a procedure that ensures that the owner/operator or his/her designee will initiate contact with the Qualified Individual, the California Governor's Office of Emergency Services and the National Response Center immediately, but no longer than 30 minutes, after discovery of a discharge of oil or threatened discharge of oil. (C) Each plan shall include all phone numbers necessary to complete the immediate notification procedures. (3) Each plan should identify a call-out procedure to acquire equipment in addition to that under contract, to access this equipment if the nontank vessel has a spill that exceeds its reasonable worst case spill. (4) Each plan shall provide a checklist of the information to be reported in the notification procedures, including but not limited to: (A) nontank vessel name, country of registry, call sign, and official number; (B) location of the incident; (C) date and time of the incident; (D) course, speed and intended track of the nontank vessel; (E) the nature of the incident; (F) an estimate of the volume of oil spilled and the volume at immediate risk of spillage; (G) the type of oil spilled, and any inhalation hazards or explosive vapor hazards, if known; (H) the size and appearance of the slick; (I) prevailing weather and sea conditions; (J) actions taken or planned by personnel on scene; (K) current condition of the nontank vessel; (L) injuries and fatalities; and (M) any other information as appropriate. (5) Reporting of a spill as required by Subsection 827.02(d)(2) shall not be delayed solely to gather all the information required by Subsection 827.02(d)(4). If the required information is not available, the plan shall specify how the information will be obtained. (6) An updated estimate of the volume of oil spilled and the volume at immediate risk of spillage shall be reported to the California Governor's Office of Emergency Services whenever a significant change in the amount reported occurs, but not less than every 12 hours within the first 48 hours of response. The State Incident Commander and/or the Federal On-Scene Coordinator through the Unified Command shall have the option of increasing or decreasing this time frame, as needed. Updated spill volume information included in the Incident Action Plan developed through the Unified Command may meet the requirements of this subsection. (e) Shipboard Drills and Exercises - Type and Frequency: Note: Spill management team and response organization drills and exercises are addressed in Section 827.02(m) of this subchapter. (1) The following are the necessary shipboard drill and exercise frequencies for all nontank vessels: (A) nontank vessel onboard emergency procedures and Qualified Individual notification drills shall be conducted quarterly, or 72 hours prior to entering marine waters, whichever is less often; 1. annually, one of the emergency procedures drills shall be a fuel spill on the deck of the nontank vessel utilizing the seven-barrel spill kit as stipulated in Section 827.02(c)(3)(A), of this subchapter; (2) Training sessions may constitute creditable drills and exercises if all requirements of Subsections 820.01(b) through (f) ( "Drills and Exercises - Evaluation and Credit") of this subdivision are met. Onboard emergency procedure drills conducted aboard the nontank vessel and properly logged may be credited. (3) The nontank vessel owner/operator shall maintain adequate records of drills and exercises for a period of at least three years which shall include the following: (A) all drills and exercises conducted aboard the nontank vessel shall be documented in the ship's log; (B) records of any off-nontank vessel drills and exercises (i.e., drills and exercises not held aboard the nontank vessel) of the response organization and resources identified in the contingency plan shall be maintained at the United States location of either the Qualified Individual or the nontank vessel owner/operator. Contingency plans should indicate the location of these records. Note: Evaluation and credit criteria for drills and exercises are described in Section 820.01 of this subdivision. (f) Post-Spill Review: Each plan shall provide for post-spill review, including methods to review both the effectiveness of the plan and the need for plan amendments. (A) The result of the review shall be forwarded to the Administrator within 90 days following the completion of response and clean-up procedures. (B) The review shall be used by the Administrator only for the purposes of proposing future amendments to the contingency plan. Note: Subsections 827.02(g) through (n) contain the response elements of an oil spill contingency plan. (g) Planning for the Location of Response Resources: The owner/operator must be prepared to respond to a spill anywhere within marine waters where the nontank vessel operates. To determine the regions in which response equipment and personnel must be available, it is first necessary to determine those areas of likely spill impact. The trajectories established for the scenarios from the most recent Area Contingency Plans (ACP) may be used, if appropriate and approved by the Administrator; otherwise, information shall be developed as follows: (1) Navigational Hazard Analysis Each plan shall include a Navigational Hazard Analysis for those areas the nontank vessel transits within the waters of the state. (Note: where maps/diagrams are required, they may be submitted (in addition to the original hard copy) on electronic media, in Portable Document Format (PDF)). Such an analysis shall include the following: (A) a description of the nontank vessel's normal routes of travel including a list of each of the six Geographic Regions (as defined in Chapter 1, Section 790 of this subdivision) that the nontank vessel transits along these routes; (B) an analysis of the navigational hazards along the nontank vessel's normal routes of travel. This analysis shall be specific to each of the six Geographic Regions, as applicable. The plan shall include a summary of the results of this analysis which shall include the following: 1. a list of those hazards identified such as bars, off-shore structures, harbor entrances, areas of significant traffic congestion, hazards specific to the regular ports of call, and hazards associated with principal transfer operations; 2. a review, based on proximity to shore and the availability of stand-by towing and/or other support capability, of those situations where a loss of power, navigational ability or other significant incidents may result in groundings, collisions, strandings, or explosions. (2) Environmental Consequence Analysis (A) For the significant hazards identified in the Navigational Hazard Analysis the nontank vessel shall conduct a trajectory analysis to determine the environmental consequences of an oil spill. This analysis shall apply to the reasonable worst case spill volume and shall assume pessimistic water and air dispersion and other adverse environmental conditions. This analysis is intended to be used as the basis for determining those areas and shoreline types for which response strategies must be developed. Some of the information required in this subsection may be drawn from the appropriate and most recent Area Contingency Plan completed by the Coast Guard, State Agencies, and local Governments pursuant to the Oil Pollution Act of 1990. The analysis shall include at least the following: 1. a trajectory to determine the potential direction, rate of flow and time of travel of the reasonable worst case oil spill from the nontank vessel to the shorelines, including shallow-water environments, that may be impacted. For purposes of this requirement, a trajectory or trajectories (projected for a minimum of 72 hours) that determine the outer perimeter of a spill, based on regional extremes of climate, tides, currents and wind with consideration to seasonal differences, shall be sufficient; 2. for each probable shoreline that may be impacted, a discussion of the general toxicity effects and persistence of the discharge, based on type of product; the effect of seasonal conditions on sensitivity of these areas; and an identification of which areas will be given priority attention if a spill occurs. (3) Resources at Risk from Oil Spills Based on the trajectory of the spilled oil, as determined in the Environmental Consequence Analysis, each plan shall identify the environmentally, economically and culturally sensitive areas that may be impacted. Each plan shall identify and provide a map of the locations of these areas. (A) The map of environmentally sensitive areas shall either be the applicable ACP maps, or alternative maps that include: 1. shoreline types and associated marine resources; 2. the presence of migratory and resident marine bird and mammal migration routes, and breeding, nursery, stopover, haul-out, and population concentration areas by season; 3. the presence of aquatic resources including marine fish, invertebrates, and plants including important spawning, migratory, nursery and foraging areas; 4. the presence of natural terrestrial animal and plant resources in marine-associated environments; 5. the presence of state or federally-listed rare, threatened or endangered species; and 6. the presence of commercial and recreational fisheries including aquaculture sites, kelp leases and other harvest areas. (B) The map of the locations of economically and culturally sensitive areas shall indicate: 1. public beaches, parks, marinas, boat ramps and diving areas; 2. industrial and drinking water intakes, power plants, salt pond intakes, and other similarly situated underwater structures; 3. intertidal and subtidal drilling leases; 4. known historical and archaeological sites. If a plan holder has access to any confidential archaeological information, it must be submitted as a separate item and will be handled as confidential information as outlined in Subsection 826.01(d); 5. areas of cultural or economic significance to Native Americans; and 6. major waterways and vessel traffic routes that are likely to be impacted. (h) On-Water Containment and Recovery: (1) Each plan must provide for the on-water containment and recovery of all potential spills from the nontank vessel that could reasonably be expected to impact marine waters. Additionally, each plan must also demonstrate response capabilities sufficient to address potential spills in each Geographic Region through which the nontank vessel may transit. To determine the amount of containment and recovery capability that must be available, the reasonable worst case spill volume must be determined, which is the total volume of the single largest fuel tank of all the nontank vessels covered by the plan. Each plan shall contain a copy of the contract or other approved means (as defined in Section 825.05 of this subchapter), documenting that any oil spill response organization(s) that are named in the plan will provide the requisite equipment and personnel in the event of an oil spill, for each Geographic Region the nontank vessel transits. This requirement can be met by a copy of the basic written agreement with an abstract of the recovery and/or clean-up capacities covered by the contract. (2) Response Capability Standards The equipment and personnel necessary to address the reasonable worst case spill are brought to the scene of the spill within a period of time. The time frames are dependent upon the risk zone in which the nontank vessel is located and is specified in Subsection (B), below. The standards set forth in this section are only planning standards and may not reflect the exigencies of actual spill response. However, these are the standards that must be used to determine the amount of equipment and personnel that must be under contract. Equipment in addition to that under contract must be identified and a call-out procedure in place to access this equipment if the nontank vessel has a spill that exceeds its reasonable worst case spill. The owner/operator is ultimately responsible for addressing the entire volume of an actual spill regardless of the planning standards. (A) Total Equipment Required 1. The total amount of on-water containment and recovery equipment and services required shall be the amount necessary to address the reasonable worst case spill volume. 2. The time frames for equipment delivery are specified in Subsection 827.02(h)(2)(B), below. Appropriate equipment to address the reasonable worst case spill volume must be capable of being at the scene of the spill at the hour specified which is measured from the time of notification, as described in Subsection 827.02(d) of this subchapter. All on-water recovery equipment must be capable of being deployed and operable within one hour of arrival at the scene of the spill but no later than the designated time frame for each risk zone. 3. The time frames for equipment delivery and deployment as specified in this subsection do not take into account the time required to conduct a health and safety assessment of the site as set forth in Subsection 827.02(j)(6), and as required by the California Occupational Safety and Health Administration. In addition, these time frames do not account for delays that may occur due to weather or seastate. The actual time necessary to deliver and deploy equipment will be assessed at the time of an incident or a drill and will take into account the prevailing conditions of weather and seastate, as well as the site assessment requirements. (B) Delivery Times 1. Nontank vessels operating in High-Volume Ports (as defined in Section 790 of this subdivision) shall have the on-water recovery capability to address the nontank vessel's reasonable worst case spill volume at the scene of the spill within 12 hours of notification, except as provided below: i. nontank vessels that transit: 1) inward of the inland line of demarcation as described in 33 CFR Section 80.1142 for San Francisco harbor; 2) inwards of a six nautical mile radius of Long Beach Light (LLNR 3025) [33-43.4N, 118- 11.2W] outside the entrance to the Los Angeles/Long Beach Harbors on the Los Angeles and Long Beach Harbor Chart #18751; and 3) the Ports of Stockton and Sacramento, shall have the on-water recovery capability to address the nontank vessel's reasonable worst case spill volume at the scene of the spill within six hours. ii. in addition, when conducting bunkering operations within the High Volume Ports and the ports of Stockton and Sacramento, there must be 2500 barrels/day or 10% of the nontank vessel's total fuel capacity, whichever is less, of on-water recovery capability that can be mobilized and on-scene within two hours of notification; iii. if containment equipment for a 2500 barrel spill, or 10% of the nontank vessel's total fuel capacity, whichever is less, can immediately be deployed, the initial on-water recovery capability can be on-scene within three hours rather than two hours. iv. In addition nontank vessels, when not conducting bunkering operations, but when operating in the Ports of Stockton and Sacramento shall have containment boom and associated deployment equipment for a 2500 barrel spill pre-staged such that it can be immediately deployed. 2. Nontank vessels operating in Facility/Transfer Areas or the Santa Barbara Channel Area (as defined in Section 790 of this subdivision) shall have the on-water recovery capability to address the nontank vessel's reasonable worst case spill volume at the scene of the spill within 12 hours of notification. i. in addition, when conducting bunkering operations within the Facility/Transfer Areas or the Santa Barbara Channel Area, there must be 2500 barrels/day, or 10% of the nontank vessel's total fuel capacity, whichever is less, of on-water recovery capability that can be mobilized and on-scene within two hours of notification; ii. if containment equipment for a 2500 barrel spill, or 10% of the nontank vessel's total fuel capacity, whichever is less, can immediately be deployed, the initial on-water recovery capability can be on-scene within three hours rather than two hours. iii. In addition, nontank vessels, when not conducting bunkering operations but when operating in Humboldt Bay and Monterey Bay, shall have containment boom and associated deployment equipment for a 2500 barrel spill pre-staged such that it can be immediately deployed. 3. Nontank vessels that transit along the Balance of the Coast (as defined in Section 790 of this subdivision), within marine waters shall have the on-water recovery capability to address the nontank vessel's reasonable worst case spill volume at the scene of the spill within 18 hours of notification. i. in addition, when conducting bunkering operations within the Balance of the Coast there must be 2500 barrels/day, or 10% of the nontank vessel's total fuel capacity, whichever is less, of on-water recovery capability that can be mobilized and on-scene within two hours of notification. (3) On-Water Response Equipment and Services (A) Each plan shall demonstrate that the nontank vessel has under contract or other approved means (as defined in Section 825.05 of this subchapter), access to all necessary equipment and services to comply with the required on-water containment and recovery established pursuant to Subsection 827.02(h)(2)(B). The amount of response equipment required will take into account the derated capacity (as defined in Chapter 1, Section 790 of this subdivision) of the equipment. (B) The equipment identified for a specific area must be appropriate for use in that area given the limitations of the geography, bathymetry, water depths, tides, currents and other local environmental conditions. For those areas that require shallow-water response capability (refer to the relevant Area Contingency Plan), the plan shall provide for an adequate number of shallow-draft vessels (as defined in Section 825.05 of this subchapter) to be under contract and available to respond to provide shoreline protection of the sensitive sites potentially impacted by a spill. Additionally, the equipment identified shall also be appropriate for use on the type of oil identified. The following information shall be provided: 1. the location, inventory and ownership of the equipment to be used to fulfill the response requirements of this subchapter; 2. a complete inventory of any nonmechanical response equipment and supplies, including the type and toxicity of each chemical agent, with procedures for storage and maintenance; 3. the manufacturer's rated capacities and operational characteristics for each major item of oil recovery equipment; 4. the type and capacity of storage and transfer equipment matched to the skimming capacity of the recovery systems; 5. the derated capacity (as defined in Chapter 1, Section 790 of this subdivision) for each major piece of on-water recovery equipment listed, as well as the derated capacity for the skimming systems as a whole. i. A request may be submitted to the Administrator to review the derated capacity for a piece of equipment if it can be shown that the equipment has a different capacity than the derating factor allows. ii. The Administrator's decision regarding a change in the derated capacity for a piece of equipment will be issued as soon as administratively feasible. 6. vessels designated for oil recovery operations, including skimmer vessels and vessels designed to tow and deploy boom, and availability of shallow-draft vessels; 7. vessels of opportunity reasonably available for oil spill recovery operations, including availability of shallow-draft vessels, procedures to equip the vessels, inventory equipment, and train personnel; 8. pumping and transfer equipment for transferring oil from damaged structures, or from undamaged structures which might be at risk of discharging additional oil; 9. procedures for storage, maintenance, inspection and testing of spill response equipment under the immediate control of the operator; 10. a salvage company or program in each area of operation, with appropriate expertise and equipment that may be contracted at the time of a spill if such services become necessary. This Subsection (h)(3)(B)(10) shall remain in effect only until June 30, 2002, and as of that date is repealed, unless a later enacted regulatory action deletes or extends that date. Note: See related Subsection (n) of this section. 11. a procedure to call out private vessel firefighting capability that will respond to casualties in the area(s) in which the nontank vessel will operate; and 12. sufficient equipment to track the movement of discharged oil including aerial surveillance sufficient to direct skimming operations. (C) Each plan shall describe the personnel available to respond to an oil spill, including: 1. a list of the spill management personnel and their relevant qualifications including a discussion of spill response training and experience, regulatory awareness and compliance, and supervision; 2. a list by job category including a job description for each type of spill response position needed as indicated in the spill response organization scheme; 3. a match between personnel by job category, and the equipment proposed for use (including equipment appropriate for shallow-water environments), including the plan for mobilization of such personnel; and 4. sufficient personnel to maintain a response effort of at least 14 days. (D) Each plan shall describe procedures for the transport of required equipment, personnel and other resources to the spill site. The description shall include plans for alternative procedures during adverse environmental conditions. Adverse environmental conditions to be considered shall include: 1. adverse weather; 2. sea states, tides, winds and currents; 3. presence of debris or other obstacles; and 4. any other known environmental conditions that could restrict response efforts. (E) Any equipment and personnel identified in the plan to meet the planning standard requirements must be available for response. Any necessary maintenance for the equipment, vacation periods for response personnel, or other eventualities must be taken into account in relying upon these resources. 1. The equipment owner must notify the Administrator when major equipment is removed from service for a period of 24 hours or more for maintenance or repair. Major equipment is that which, if moved, would affect timely implementation of the plan. Notification must be made prior to removing equipment for regularly scheduled maintenance, and within 24 hours of removing equipment for unscheduled repairs. 2. The equipment owner must demonstrate that backup equipment is available during the time that the primary response equipment is out of service. Backup equipment may be provided from the owner's own inventory, or may be made available from another responder. 3. A plan shall remain valid during the time that equipment has been removed from service for maintenance or repair if the Administrator has not disapproved such removal within 24 hours of notification. (4) the equipment owner shall notify the Administrator when the major equipment is back in service. (4) On-Water Response and Recovery Strategies Utilizing the equipment that must be under contract, each plan shall describe methods to contain spilled oil and remove it from the environment. The equipment identified for a specific area must be appropriate for use in that area given the limitations of the bathymetry, geomorphology, shoreline types and other local environmental conditions. Additionally, the equipment identified shall be appropriate for use on the type of oil identified. The description shall include: (A) methods for on-water containment and removal of oil in open-water environments; (B) methods for adapting on-water containment and removal strategies in order to address the spill as it moves to the close-to-shore environment. This description shall include, where appropriate, methods for carrying out response operations and protection strategies in shallow-water environments. (C) The plan holder may propose the use of non-mechanical methods for response operations which may include dispersants, in-situ burning, coagulants, bioremediants, or other chemical agents. The use of any non-mechanical method for response must be done in accordance with provisions of the State Marine Oil Spill Contingency Plan, the National Contingency Plan, the applicable Area Contingency Plan, and all applicable State laws and regulations. If a non-mechanical method of response is proposed, the plan shall include: 1. methods of deployment or application; 2. For the use of chemical agents, a description of the specific mechanisms in place to assess the environmental consequences of the Chemical Agent. This description shall include the mechanism for continuous monitoring of environmental effects for the first three days after initial application, and periodic monitoring thereafter until the agent is inert or no longer operative; 3. identification of all permits, approvals or authorizations needed to allow the use of non-mechanical methods, and the time line for obtaining them; 4. a plan for protecting resources at risk, areas of public concern, and the public from any adverse effects of the non-mechanical methods used; 5. the projected efficacy of each type of non-mechanical method proposed for use taking into account the type of spilled material and the projected environmental conditions of the potential spill site; and 6. upon request, the plan holder shall provide any test results known to the plan holder which assess the environmental impacts of applying these methods in the marine environment. (D) methods for tracking the movement of the discharged oil; and (E) locations of the weather stations to be used for observations of winds, currents and other data at the time of a spill that may assist in making real-time projections of spill movement. (i) Shoreline Protection and Clean-up: (1) Each plan must provide for shoreline protection and clean-up of all areas identified as potential spill sites in the environmental consequence analysis or most recent ACP, as applicable. Each plan shall demonstrate that the nontank vessel has access to all necessary equipment and services to address the protection and response strategies appropriate to each shoreline that could potentially be impacted by a spill from the nontank vessel. To determine the amount and type of shoreline protection and clean-up capability that must be under contract in each of these areas, the plan shall either: 1) demonstrate sufficient equipment and personnel to deploy and implement the shoreline protection strategies outlined in the most recent ACP scenario(s), if appropriate and approved by the Administrator, or; 2) demonstrate sufficient equipment and personnel to deploy and implement the shoreline protection strategies for the reasonable worst case spill volume, which is the total volume of the single largest fuel tank on all of the nontank vessels covered by the plan, for the areas identified as potential spill sites in the environmental consequence analysis. Each plan shall contain a copy of the contract or other approved means (as defined in Section 825.05 of this subchapter), documenting that any oil spill response organization(s) that are named in the plan will provide the requisite equipment and personnel in the event of an oil spill, for each Geographic Region the nontank vessel transits. This requirement can be met by a copy of the basic written agreement with an abstract of the recovery and/or clean-up capacities covered by the contract. (2) Shoreline Protection Equipment and Services Each plan must identify, and ensure availability through a contract or other approved means (as defined in Section 825.05 of this subchapter), an oil spill response organization capable of effecting shoreline protection strategies. Such protection strategies must be commensurate with the reasonable worst case spill volume for potential shoreline impact, and must be capable of addressing all appropriate protection, response and clean-up strategies. (A) The equipment identified for a specific area must be appropriate for use in that area given the limitations of the bathymetry, geomorphology, shoreline types and other local environmental conditions. Additionally, the equipment identified shall be appropriate for use on the type of oil identified. The following information shall be provided: 1. the amounts of all protective booming, shallow-draft vessels, and shoreline clean-up equipment necessary to address the specific types of shorelines that may be impacted; 2. the location, inventory and ownership of the equipment to be used to fulfill the response requirements; and 3. the procedures for storage, maintenance, inspection and testing of spill response equipment under the immediate control of the operator. (B) Each plan shall describe the personnel available to respond to an oil spill, including: 1. a list of the spill management personnel and their relevant qualifications including a discussion of spill response training and experience, regulatory awareness and compliance, and supervision; 2. a list by job category including a job description for each type of spill response position needed as indicated in the spill response organization scheme; 3. a match between personnel by job category, and the equipment proposed for use (including equipment appropriate for shallow-water environments), including the plan for mobilization of such personnel; and 4. sufficient personnel to maintain a response effort of at least 14 days. (C) Any equipment and personnel identified in the plan to meet the planning standard requirements must be available for response. Any necessary maintenance for the equipment, vacation periods for response personnel, or other eventualities must be taken into account in relying upon these resources. 1. The equipment owner must notify the Administrator when major equipment is removed from service for a period of 24 hours or more for maintenance or repair. Major equipment is that which, if moved, would affect timely implementation of the plan. Notification must be made prior to removing equipment for regularly scheduled maintenance, and within 24 hours of removing equipment for unscheduled repairs. 2. The equipment owner must demonstrate that backup equipment is available during the time that the primary response equipment is out of service. Backup equipment may be provided from the owner's own inventory, or may be made available from another responder. 3. A plan shall remain valid during the time that equipment has been removed from service for maintenance or repair if the Administrator has not disapproved such removal within 24 hours of notification. (4) the equipment owner shall notify the Administrator when the major equipment is back in service. (3) Shoreline Protection Capability Standards (A) Each plan must provide sufficient diversionary and protective boom and any other shoreline protection equipment deemed appropriate. The amount of such equipment may be determined from information provided in the applicable and most recent Area Contingency Plan, and shall be available as follows: 1. the equipment must be available to protect the environmental, economic or culturally sensitive shoreline areas as identified in the applicable and most recent ACP scenario or other trajectory analysis conducted pursuant to Section 827.02(g)(2)(A) as being potentially impacted by a spill. To protect these sensitive sites, the equipment must be on-site and ready for deployment in 2 hours or, if determined, by the times established by the trajectories in the ACP scenarios, if appropriate and approved by the Administrator, or other trajectory analysis conducted pursuant to Section 827.02(g)(2)(A). (4) Shoreline Protection and Clean-Up Strategies (A) Utilizing the equipment that must be under contract, each plan shall describe methods to contain spilled oil and remove it from the environment. The equipment identified for a specific area must be appropriate for use in that area given the limitations of the bathymetry, geomorphology, shoreline types and other local environmental conditions. Additionally, the equipment identified shall be appropriate for use on the type of oil identified. The description shall include: 1. all shoreline protection procedures and oil diversion and pooling procedures for the close-to-shore environment. These procedures shall include, where appropriate, methods for carrying out response operations and clean-up strategies in shallow-water environments, as identified in the trajectory analysis conducted as part of the environmental consequence analysis; 2. methods for shore side clean-up, including containment and removal of surface oil, subsurface oil and oiled debris and vegetation from all applicable shorelines, adjacent land and beach types; and 3. measures to be taken to minimize damage to the environment from land operations during a spill response, such as impacts to sensitive shoreline habitat caused by heavy machinery or foot traffic. (B) Protection, response and clean-up strategies will be specific to the type of oil spilled and the expected spill impact sites as identified in the applicable and most recent ACP, if appropriate and approved by the Administrator; and the resources at risk at those spill sites. (C) Each plan must utilize all the strategies appropriate to the potential impact sites. (j) Response Procedures: Some of the documentation from the most recent Area Contingency Plans may be used in lieu of developing comparable response procedures, if appropriate and approved by the Administrator. (1) The owner/operator shall include in the plan a description of the organization of the nontank vessel's spill management team and spill response system. An organizational diagram depicting the chain of command shall also be included. Additionally, the plan shall describe the method to be used to integrate the plan holder's organization into the State Incident Command System and/or the Unified Command Structure as required by Title 8, California Code of Regulations, Subsection 5192(q)(3)(A). Each plan shall identify a Spill Management Team (as defined in Section 825.05 of this subchapter), and provide documentation that the Spill Management Team acknowledges this capacity. (A) The plan holder may utilize the procedures outlined in the appropriate and most recent Area Contingency Plan when describing how the nontank vessel's chain of command will interface with the State Incident Command System which utilizes the Unified Command. (B) Each plan shall describe the organization of the plan holder's public information office, as it relates to an oil spill incident, and the method by which the Information Officer will be integrated into the State Incident Command System. (C) Each plan shall describe the plan holders' safety program, as it relates to an oil spill incident, and the method by which their Safety Officer will be integrated into the State Incident Command System. (2) Each plan shall describe the process to establish sites needed for spill response operations, including location or location criteria for: (A) a central command post sufficient to accommodate the State Incident Command or Unified Command as well as the plan holder's response organization; (B) a central communications post if located away from the command post; and (C) equipment and personnel staging areas. (3) Each plan shall include a checklist, flowchart or decision tree depicting the procession of each major stage of spill response operations from spill discovery to completion of clean-up. The checklist, flowchart or decision tree shall describe the general order and priority in which key spill response activities are performed. (4) Each plan shall detail the lines of communications between the responsible party, the Qualified Individual and the on-scene commanders, response teams, local, state, and federal emergency and disaster responders, including: (A) communication procedures; (B) the communication function (e.g., ground-to-air) assigned to each channel or frequency used; (C) the maximum broadcast range for each channel or frequency used; and (D) redundant and back-up systems. (5) Each plan shall describe the procedures to manage access to the spill response site, the designation of exclusion, decontamination and safe zones, and the decontamination of equipment and personnel during and after oil spill response operations, as required by the California Occupational Safety and Health Administration. (6) Prior to beginning oil spill response operations and clean-up activities, a Site Safety Plan must be completed. Each Site Safety Plan shall include information as required pursuant to Title 8, Section 5192(p)(8)(D)(2) of the California Code of Regulations including, but not limited to, a written respiratory protection program, written personal protection equipment program, written health and safety training program, written confined space program and permit forms, direct reading instrument calibration logs, and written exposure monitoring program. (k) Temporary Storage and Waste Management: (1) Each plan shall identify sufficient temporary storage for all recovered oil or all oily waste, and identify facilities that would be able to accept the recovered oil or oily waste for recycling or other means of waste management. Sufficient temporary storage shall be no less than two times the reasonable worst case spill volume for the nontank vessel. (2) Each plan shall identify the party that shall maintain responsibility for recovered oil and oily waste for the purposes of temporary storage. (3) Each plan shall describe site criteria and methods used for temporary storage of recovered oil and oily wastes generated during response and clean-up operations, including known available sites. (4) Each plan shall identify all applicable permits, and all federal, state and local agencies responsible for issuing those permits for transit, temporary storage and ultimate waste management of all wastes likely to result from an oil spill. (5) Each plan shall include information which could expedite the state approval process for the use of temporary waste storage sites, including a list of appropriate contacts and a description of procedures to be followed for each approval process. (l) Oiled Wildlife Care Requirements: The owner/operator shall provide information to include in the plan on how oiled wildlife care will be provided by one of the following approved means: (1) utilize the California Oiled Wildlife Care Network (OWCN) to meet oiled wildlife care requirements: or (2) describe procedures that clearly outline how oiled wildlife care will be provided. The equipment, facilities, and personnel necessary to implement these procedures must be identified and assured by contract for each Geographic Region covered by the plan. Standards for wildlife care must comply with all applicable State and federal laws. (m) Spill Management Team and Response Organization Drills and Exercises - Type and Frequency: (1) A nontank vessel owner/operator shall conduct drills and exercises as necessary to ensure that the elements of the plan will function in an emergency. Each plan shall describe the nontank vessel's drill and exercise program, including how the plan assures shoreline protection strategies (for all environmentally sensitive sites identified as potentially impacted) will be exercised, as outlined in Section 820.01(f) of this subdivision. The following are the necessary drill and exercise frequencies for all nontank vessels: (A) a shore-based spill management team tabletop exercise shall be conducted annually; (B) oil spill response organization field equipment deployment exercises shall be conducted at least once every three years. Credit shall be given to OSRO exercises conducted to fulfill the equipment deployment requirements for tank vessels. (2) Training sessions may constitute creditable drills and exercises if all requirements of Subsections 820.01(b) through (f) ( "Drills and Exercises - Evaluation and Credit") of this subdivision are met. (3) Drills shall be designed by the nontank vessel owner/operator to exercise either individual components of the plan or the entire response plan. Such drills, individually or in combination, shall ensure that the entire plan is exercised at least once every three years. (4) The nontank vessel owner/operator shall maintain adequate records of drills and exercises, for a period of at least three years, to include the following: (A) records of any off-nontank vessel drills and exercises (i.e., drills and exercises not held aboard the nontank vessel) of the response organization and resources identified in the contingency plan shall be maintained at the United States location of either the Qualified Individual or the nontank vessel owner/operator. Contingency plans should indicate the location of these records. Note: Evaluation and credit criteria for drills and exercises are described in Section 820.01 of this subdivision. (n) Salvage Equipment and Services: (1) Notification Requirements: Any party responsible for a nontank vessel as defined in this subdivision shall notify the U.S. Coast Guard within one hour of a disability (as defined in Government Code Section 8670.20(b)) if the disabled nontank vessel is within 12 miles of the shore of the state. (2) Salvage Equipment and Services: The following provisions will become effective July 1, 2002, unless repealed. The equipment and service provisions shall be repealed if comparable salvage requirements are implemented through the ACP planning process and submitted to the Administrator for review and approval, prior to July 1, 2002. The Administrator can extend the implementation date of this section for 120 days if implementation of any of the ACP's is delayed and it appears that such an extension would serve the intent of this subsection. Salvage means all services rendered to save a nontank vessel and cargo from any marine peril that could reasonably cause a discharge of oil into the waters of the state, and includes those actions necessary to control or stabilize the nontank vessel or cargo. (A) All nontank vessels required to have a contingency plan pursuant to Section 827.01(a) must demonstrate sufficient salvage capability as outlined in this section; (B) Availability of the following salvage equipment and services shall be demonstrated by sufficient in-house capability or a signed, valid contract with a salvage company or program. Any company or program secured by contract must have the appropriate expertise, and all required equipment ready and available to respond in the time frames specified in this section. Time frames are determined from the time the U.S. Coast Guard is notified that the nontank vessel is disabled: 1. within 12 hours of notification: i. a support vessel of the appropriate size, configuration, and operating capability to ensure stabilization of a disabled nontank vessel. The support vessel must be capable of reaching the nontank vessel before the nontank vessel would run aground. In determining the time it would take for a nontank vessel to run aground, an estimate shall be made based on the drift rate in the worst case weather assuming the complete loss of power and steerage; ii. a professional salvor or salvage supervisor who shall be familiar with the capabilities of the salvage company, and the salvage, stability, and hull stress assessments of the nontank vessel. These assessments shall be developed pursuant to the shipboard spill mitigation procedures as set forth in 33 CFR, Part 155.1035(c)). A professional salvor or salvage supervisor is someone who has the appropriate training and/or experience necessary to supervise any salvage operation appropriate for the nontank vessel being serviced; iii. a private vessel firefighting capability that will respond to casualties in the area(s) in which the nontank vessel will operate. This capability shall be a supplement to the firefighting capability on board the nontank vessel; iv. dewatering pumps, hoses, and power supplies sufficient to maintain nontank vessel stability and prevent sinking. 2. within 18 hours of notification, and to the extent necessary to avoid a pollution incident: i. resources for shoring, patching or making other emergency, temporary repairs to correct structural, stability, or mechanical problems on the nontank vessel; ii. equipment necessary to tow an incapacitated nontank vessel to a safe haven. (C) The following salvage equipment and services shall be made available within 48 hours of notifying the U.S. Coast Guard, to the extent necessary to avoid a pollution incident; 1. harbor clearance capability; 2. deep water search and recovery capability; 3. equipment necessary to refloat a nontank vessel from a stranding; 4. wreck removal capability. Note: Authority cited: Sections 8670.5, 8670.7, 8670.10, 8670.20, 8670.25, 8670.25.5 and 8670.32, Government Code. Reference: Sections 8670.10, 8670.12, 8670.20, 8670.25, 8670.25.5 and 8670.32, Government Code. s 840. Short Title. This subchapter shall be known and may be cited as the Department of Fish and Game, Office of Spill Prevention and Response, Oil Transfer and Vessel Operation Regulations. Note: Authority cited: Sections 8670.7, 8670.17 and 8670.18, Government Code. Reference: Sections 8670.2, 8670.7 and 8670.17, Government Code. s 840.1. Applicability. (a) The provisions of this subchapter shall apply to: (1) all oil transfer operations other than internal vessel transfers regardless of the quantity being transferred, conducted within California marine waters, or a shore-based transfer where a spill could impact California marine waters, except as noted in (b) below; and (2) all drydock associated oil transfers including, but not limited to, oil transfers to or from a tank vessel or nontank vessel in drydock; oil transfers to or from tanks (portable and/or fixed) within the drydock; and oil transfers to or from the drydock; and (3) all vessels engaged in oil transfer operations. For the purpose of this subchapter, "vessel" is not limited to the definition in Chapter 1, Section 790, of this subdivision and includes tank vessels and nontank vessels. (b) This subchapter does not apply to: (1) nontank vessels with an oil carrying capacity of less than 250 barrels; (2) oil transfers to or from a marine terminal; (3) small craft refueling docks as defined in Chapter 1, Section 790 of this subdivision; (4) public vessels as "public vessels" are defined in 33 United States Code (USC) 2701; (5) dedicated oil spill response vessels when conducting response operations in a response area; or (6) vessels of opportunity as defined in Chapter 1, Section 790 of this subdivision. (7) internal vessel transfers. (c) Both the transfer unit and the receiving unit may be monitored by Staff during any phase of the oil transfer operation. Note: Authority cited: Sections 8670.7, 8670.17 and 8670.18, Government Code. Reference: Sections 8670.2, 8670.14, 8670.17 and 8670.18, Government Code. s 840.2. Administration. (a) The Staff shall administer this subchapter and shall thereby seek to provide for the following: (1) the prevention and elimination of any contamination or pollution of the ocean and tidelands, (2) the prevention and elimination of waste from the marine waters, (3) the conservation of natural resources, (4) the protection of human health and safety, and (5) the protection of the environment. Note: Authority cited: Sections 8670.7, 8670.17 and 8670.18, Government Code. Reference: Section 8670.2, Government Code. s 841. Definitions. In addition to the definitions in Chapter 1, Section 790 of this Subdivision, the following definitions shall govern the construction of this subchapter. Where similar terms are defined, the following will supersede the definition in Chapter 1: (a) "#1 and #2 Grade Oils", for the purpose of this subchapter, means oils with an API gravity of 35 to 40 and are primarily intended for use in internal combustion engines that use compression for ignition, or used in turbine engines, or used as a heating oil. (b) "Boom", for the purpose of this subchapter, means flotation boom or other effective barrier containment material suitable for containment of oil that is discharged onto the surface of the water. (c) "Person in charge"means that person as defined in 33 CFR 154.105. (d) "Receiving Unit" means any tank vessel, nontank vessel or marine facility which is not a marine terminal, which receives oil during an oil transfer operation. (e) "Small marine fueling facility" means either of the following: (A) a mobile transfer unit, or (B) a fixed facility that is not a marine terminal, which dispenses primarily nonpersistent oil, and may dispense small amounts of persistent oil, primarily to small craft, and meets all of the following criteria: (1) has tank storage capacity not exceeding 40,000 gallons in any single storage tank or storage tank compartment. (2) has total usable tank storage capacity not exceeding 75,000 gallons. (3) had an annual throughput volume of over-the-water transfers of oil that did not exceed 3,000,000 gallons during the most recent preceding 12-month period. (f) "SOLAS" means the International Convention for Safety of Life at Sea 1974, and the Protocols of 1978 and 1988, published in SOLAS, consolidated edition 1997, IMO Publications, International Maritime Organization (IMO), 4 Albert Embankment, London SE1 7SR, United Kingdom. (g) "Staff" means the Administrator or any personnel within the California Department of Fish and Game authorized to act on behalf of the Administrator. (h) "Transfer" or "Transfer Operation" means the transfer of oil. (i) "Transfer Unit" means any tank vessel, nontank vessel, or marine facility from which oil is transferred to another vessel or marine facility which is not a marine terminal, during an oil transfer operation. Note: Authority cited: Sections 8670.17, 8670.18 and 8670.28, Government Code. Reference: Section 8670.3, Government Code. s 842. Incorporation by Reference. (a) Unless found to conflict with regulations of this subchapter, and to the extent that they govern the transportation or transfer of oil, the following regulations promulgated by the United States Coast Guard are incorporated by reference: (1) 33 Code of Federal Regulations (CFR) Part 151, Vessels Carrying Oil, Noxious Liquid Substances, Garbage, Municipal or Commercial Waste, and Ballast Water. (2) 33 CFR Part 154, Facilities Transferring Oil or Hazardous Material in Bulk. (3) 33 CFR Part 155, Oil or Hazardous Material Pollution Prevention Regulations for Vessels. (4) 33 CFR Part 156, Oil and Hazardous Material Transfer Operations. (5) 46 CFR Part 34, Firefighting Equipment. Note: Authority cited: Sections 8670.7, 8670.17 and 8670.18, Government Code. Reference: Sections 8670.2 and 8670.14, Government Code. s 843. General. (a) No person may conduct an oil transfer operation unless the equipment, personnel and operating procedures meet the requirements of this subchapter. (b) Any transfer operation which does not meet the requirements of Subsection (a) of this section may be subject to a shutdown of operations. An order issued by the Staff to terminate an oil transfer operation is an order of the Administrator and failure to comply constitutes a violation of Article 9 of the Government Code (commencing with Section 8670.57 et seq.). (c) The Administrator may grant an exemption or partial exemption from compliance with any requirement in this subchapter if the following conditions are met: (1) An owner or operator submits a written request for an exemption to the Administrator at least 30 days before operation under the exemption is proposed, unless the Administrator authorizes a shorter time period; and (2) It is determined from the request that: (A) compliance with a specific requirement is economically or physically impractical; (B) no alternative procedure, method, or equipment standard exists that would provide an equivalent level of protection from pollution by oil; and (C) the likelihood of oil being discharged as a result of the exemption is minimal. (3) If requested, the applicant must submit any appropriate information to substantiate the request for an exemption. Such information may include an environmental and economic assessment of the effects of and the reasons for the exemption, and any proposed procedures, methods or equipment standards to be followed in lieu of those required. The Administrator may consider any exemption or partial exemption from compliance with any requirement in the Federal regulations granted by the Commandant of the U.S. Coast Guard; (4) The exemption may specify the procedures, methods, or equipment standards that will apply; (5) An exemption will be granted or denied in writing. The decision of the Administrator will be rendered within 10 calendar days of receipt of the request and is the final agency action. (d) Any exemption granted by the State Lands Commission pursuant to Title 2, CCR Section 2310, shall remain in full force and effect until such exemption expires by its own terms or an application is made to the Administrator, pursuant to this section for an extension or amendment of such exemption. Note: Authority cited: Sections 8670.7, 8670.17, 8670.18 and Article 9 (commencing with Section 8670.57 et seq.), Government Code. Reference: Sections 8670.2, 8670.14 and 8670.17, Government Code. s 843.1. Persons in Charge: Designation and Qualification. (a) A separate "person in charge" must be designated for the oil transfer operations of the transfer unit and for the oil transfer operations of the receiving unit. (b) No person may serve as person in charge of oil transfer operations unless: (1) the person in charge meets the requirements set forth in 33 CFR 154.710, 33 CFR 155.710 and 156.115, whichever is appropriate. (2) the person in charge has been designated in writing in accordance with 33 CFR 155.820 as set forth in 33 CFR 154.730, and 33 CFR 155.715. Note: Authority cited: Sections 8670.7, 8670.17 and 8670.18, Government Code. Reference: Sections 8670.2 and 8670.14, Government Code. s 843.2. Compliance with Oil Transfer Procedures or Operations Manual. (a) The operator of each vessel required by 33 CFR 155.720 to have oil transfer procedures shall ensure that such procedures are current and shall require vessel personnel to use the oil transfer procedures during each oil transfer operation. (b) The operator of each marine facility required by 33 CFR 154.300 to have an operations manual shall ensure that the manual's procedures are current and shall require facility personnel to use the operations manual during each oil transfer operation. Note: Authority cited: Sections 8670.7, 8670.17 and 8670.18, Government Code. Reference: Sections 8670.2 and 8670.14, Government Code. s 843.3. Availability of Oil Transfer Procedures or Operations Manual. The written oil transfer procedures or operations manual must be: (a) available for inspection by Staff whenever the transfer unit is conducting an oil transfer operation; (b) legibly printed in English and any other language or languages used primarily by personnel engaged in the oil transfer operation; and (c) permanently posted or available at the site of transfer where the procedures can be easily seen and used by members of the crew when engaged in oil transfer operations. Note: Authority cited: Sections 8670.7, 8670.17 and 8670.18, Government Code. Reference: Sections 8670.2 and 8670.14, Government Code. s 843.4. Contents of the Oil Transfer Procedures or Operations Manual. The oil transfer procedures or operations manual must contain, either in the order listed or by use of a cross-reference index page, all of the following as appropriate: (a) a list of each product transferred to or from the vessel or marine facility; (b) a description of each oil transfer system on the vessel or marine facility including: (1) a line diagram of the vessel's or marine facility's oil transfer piping, including the location of each valve, pump, control device, vent, and overflow; (2) the location of the shutoff valve or other isolation device that separates any bilge or ballast system from the oil transfer system; (3) a description of and procedures for emptying the discharge containment system; (c) the number of persons required to be on duty during oil transfer operations; (d) the duties by title of each officer, person in charge, tankerperson, deckhand, and any other person required for each oil transfer operation; (e) procedures and duty assignments for tending the vessel's moorings during the transfer of oil; (f) procedures for operating the emergency shutdown and communications; (g) procedures for topping off tanks; (h) procedures for ensuring that all valves used during the oil transfer operations are closed upon completion of transfer; (i) procedures for reporting oil discharges into the water; and (j) procedures for closing and opening the vessel openings specified in 33 CFR 155.815. Note: Authority cited: Sections 8670.7, 8670.17 and 8670.18, Government Code. Reference: 33 CFR 155.750; and Sections 8670.2 and 8670.14, Government Code. s 843.5. Draining Oil. No person may intentionally drain oil or oily waste from any source into the bilge of any vessel. For purposes of this section, "bilge" does not mean a slop tank as described in 33 CFR 157.15, or an oily residue tank as described in 33 CFR 157.17. Note: Authority cited: Sections 8670.7, 8670.17 and 8670.18, Government Code. Reference: Section 8670.2 and 8670.14, Government Code. s 843.6. Emergency Shutdown. (a) A vessel carrying oil, with an oil capacity of 250 or more barrels, must have on board an operable means for emergency shutdown that would enable the person in charge of an oil transfer operation to stop the flow of oil to another vessel, or within the vessel itself, within 30 seconds. (b) A small marine fueling facility must have an operable means for emergency shutdown that would enable the person in charge of the oil transfer operation to stop the flow of oil to a vessel. (c) The means required in paragraphs (a) and (b) of this section may be a pump control, a quick-acting, power actuated valve, or an operating procedure. If an emergency pump control is used, it must stop the flow or back flow of oil if the oil could siphon through the stopped pump. (d) The means required in paragraph (a) of this section must be operable from the cargo deck, cargo control room, or the usual operating station of the person in charge of the oil transfer operation. (e) The means required in paragraphs (a) and (b) of this section must be operable from a location that is accessible to the person in charge. Note: Authority cited: Sections 8670.7, 8670.17 and 8670.18, Government Code. Reference: Sections 8670.2 and 8670.14, Government Code. s 843.7. Communications. (a) During oil transfers, the transfer unit and receiving unit must have continuous two-way voice communication between the persons in charge of the transfer operations on both the transfer unit and receiving unit. (b) Portable communication devices used to comply with paragraph (a) of this section during the transfer of flammable or combustible liquids must be intrinsically safe, as defined in Title 2, Division 3, Chapter 1, Article 5 of the California Code of Regulations, Section 2370(e). (c) The primary communication system required by paragraph (a) of this section must be usable and effective in all phases of the transfer operation and all weather conditions. If this communications systems fails, the transfer operation shall be discontinued, as described in the Declaration of Inspection (Section 843.8(z) of this subchapter). The transfer operation shall not resume until the continuous two-way voice communication system is restored. Note: Authority cited: Sections 8670.7, 8670.17 and 8670.18, Government Code. Reference: Title 2 CCR Section 2370(e); and Sections 8670.2 and 8670.14, Government Code. s 843.8. Pre-Transfer Requirements for Oil Transfer Operations. No person may conduct an oil transfer operation unless: (a) the vessel's moorings and mooring lines used during the transfer operation are strong enough to hold during all expected conditions of surge, current, and weather, and are long enough to allow adjustment for changes in draft, drift, and tide during the transfer operation; (b) oil transfer hoses and loading arms are long enough to allow the vessel to move to the limits of its moorings without placing strain on any component of the oil transfer system; (c) each hose is supported to prevent kinking or other damage to the hose and to prevent strain on its coupling; (d) each part of the oil transfer system is properly aligned; (e) each part of the oil transfer system not necessary for the transfer operation is securely capped, blank flanged, and/or shut off; (f) the end of each hose that is not connected for the transfer of oil is plugged, capped, or blanked off using the closure devices required by federal regulation; (g) the transfer system is attached to a fixed connection on the transfer unit or receiving unit except that when a nontank vessel of less than 250 barrel capacity is receiving fuel, an automatic back pressure shutoff nozzle may be used; (h) each overboard discharge or sea suction valve that is connected to the vessel's oil transfer or cargo tank system is sealed or lashed in the closed position, except when used to receive or discharge ballast; (i) each oil transfer hose is in good repair, and is suitable for the purpose intended and free from defect which would permit the discharge of oil through the hose material; has no unrepaired loose covers, kinks, bulges, soft spots, or any other defect which would permit the discharge of oil through the hose material and no gouges, cuts, or slashes that penetrate the first layer of hose reinforcement. (See the recommended practices in the "Hose Technical Information Bulletin: No. IP-11-4; Oil Suction and Discharge Hose: Manual for Maintenance, Testing and Inspection," published by the Rubber Manufacturers Association (RMA), 1440 K Street, N.W., Washington, D.C. 20005). For purposes of this section, "reinforcement" means the strength members of the hose, consisting of fabric, cord and/or metal; (j) the discharge containment equipment on deck or on the dock that must be deployed pursuant to Sections 844 and 844.3 of this subchapter, is deployed and in place prior to any transfer of oil, and periodically drained to provide the required capacity; (k) each drain and scupper is closed by mechanical means to adequately prevent any discharge or leaking of oil; freeing ports shall be adequately blocked to prevent any discharge or leaking of oil; (l) all connections in the oil transfer system are leak free, except that a component in the transfer system, such as the packing glands of a pump which cannot be made leak free, shall not leak at a rate that exceeds the capacity of the discharge containment equipment to hold any such leakage during the transfer operation; (m) the communications equipment and procedures required by this subchapter are operating during the entire transfer operation; (n) the emergency means of shutdown is in position and operable; (o) there is a qualified person in charge on the transfer unit and a person in charge on the receiving unit during a transfer operation; (p) each person in charge required by paragraph (o) of this section: (1) shall be present at the site of the oil transfer operation and immediately available to the oil transfer personnel; (2) has readily available a copy of the vessel oil transfer procedures or the facility operations manual, as appropriate at the operations center or central point where transfer operations are controlled and monitored; and (3) conducts the transfer operation in accordance with the vessel oil transfer procedures or facility operations manual, as appropriate; (q) the personnel required, under the facility operations manual and the vessel oil transfer procedures, to conduct the oil transfer operation: (1) are on duty; and (2) conduct the transfer operation in accordance with the facility's operations manual or vessel's oil transfer procedures, as appropriate; (r) each person required by paragraph (o) understands and speaks the English language fluently, or engages the services of an interpreter; (s) the person in charge of oil transfer operations on the transfer unit and the person in charge of oil transfer operations on the receiving unit have held a conference to ensure that each person in charge understands the following details of the transfer operation: (1) the identity of the product and quantity to be transferred, and availability of a material safety data sheet for the product to be transferred; (2) the sequence of transfer operations; (3) the transfer rate; (4) the name or title and location of each person participating in the transfer operation; (5) the details of their respective transfer or receiving system and the particulars of the transfer operation; (6) the critical stages of the transfer operation; (7) all the federal, state, and local rules that apply to the transfer of oil; (8) the emergency procedures, which shall include; (A) acknowledgment that together both units are willing to provide all spill containment resources under each of their control on site; (B) identification, in writing, of each unit's contracted OSRO; (C) agreed-upon written emergency shutdown procedures. (9) the discharge containment procedures; (10) the discharge reporting procedures; (11) the watch or shift arrangements; (12) the transfer shutdown procedures; (t) the person in charge of oil transfer operations on the transfer unit and the person in charge of oil transfer operations on the receiving unit agree to begin the transfer operation; (u) To ensure safe operation and early detection of an oil leak, for oil transfer operations between sunset and sunrise, deck lighting shall be provided by the self-propelled vessel that adequately illuminates (as described by 33 CFR 155.790) the following: (1) each transfer operation work area and each transfer connection point in use on a self-propelled vessel; and (2) each transfer operation work area and each transfer connection point in use on each barge or small marine fueling facility discharging or receiving oil, unless the barge or small marine fueling facility itself provides adequate illumination. (3) Where illumination appears to be inadequate, Staff may require verification by instrument of the levels of illumination. On a horizontal plane three feet above the deck or walking surface, illumination must measure at least: (A) 5.0 foot candles at transfer connection points; and (B) 1.0 foot candles in oil transfer operation work areas. (v) appropriate fire fighting equipment is available as required in 46 CFR, Part 34. (w) in addition to the requirements listed in 33 CFR 154.500(e), all transfer hoses shall have all markings near the two ends in the vicinity of the flanges where they can be easily seen. (x) all transfer connections shall: (1) use suitable material in joints and couplings to ensure a leak-free seal; (2) use a new gasket; (3) use a bolt in every available hole; (4) use bolts of the correct size in each bolted connection; (5) tighten each bolt and nut uniformly and sufficiently to distribute the load to ensure a leak-free seal; (6) not use any bolt that shows signs of strain or is elongated or deteriorated; (7) use either: (A) a bolted or full threaded connection; or (B) a quick-connected coupling with a means of securing the coupling to prevent accidental release. (y) the vessel has a fill pipe for which containment can be provided. For vessels less than 250 barrels capacity, an automatic back pressure nozzle can be used. (z) a written Declaration of Inspection (DOI) which shall include the following, in addition to the requirements of 33 CFR 156.150(c): (1) identification of each unit's OSRO; (2) acknowledgment by each unit that their OSRO has been notified in advance; (3) emergency shut-down procedures; (4) agreed-upon hand and/or sound signals that initiate and complete the shut-down of the transfer operation. (5) The Declaration of Inspection shall be filled out and signed by each person in charge and relief person in charge. Each person in charge who is different from the person who originally signed the Declaration of Inspection shall sign the Declaration of Inspection before assuming or re-assuming the duties of a person in charge. Prior to their signing or re-signing the Declaration of Inspection, each person in charge shall inspect the transfer unit or receiving unit, as appropriate, to ensure that the requirements of this subchapter are being maintained; (aa) a loading plan shall be completed in writing by the receiving unit. (ab) Transfer operations shall not be started or, if started, shall be discontinued under the following conditions: (1) during severe weather, electrical storms, or wave conditions; (2) if a fire occurs on the wharf, on the vessel, on the marine facility, or in the vicinity of the wharf, vessel or marine facility; (3) any condition that may jeopardize the safety of the transfer; (4) loss of continuous two-way voice communication. Note: Authority cited: Sections 8670.7, 8670.17 and 8670.18, Government Code. Reference: Sections 8670.2 and 8670.14, Government Code. s 843.9. Personnel Work Limitations. (a) No shoreside person involved in a transfer operation may work more than 16 hours in any 24 hour period, or more than 40 hours in any 72 hour period, except in an emergency. (b) No vessel person involved in a transfer operation may work more than 15 hours in any 24 hour period, or more than 36 hours in any 72 hour period, except in an emergency. (c) For purposes of this section, "work" includes any administrative duties associated with the vessel or transfer operation whether performed on board the vessel or onshore. (d) For purposes of this section, "emergency" is limited to those situations which threaten life, damage to property or have adverse impact on the public health or safety. Note: Authority cited: Sections 8670.7, 8670.17 and 8670.18, Government Code. Reference: Sections 8670.2 and 8670.14, Government Code. s 844. Containment and Response Equipment Requirements; Marine Facility and Vessel Oil Transfer Operations. This section does not apply to small marine fueling facilities. Containment and response equipment requirements for small marine fueling facilities, including mobile transfer units, are addressed in Section 844.3 of this subchapter. (a) The requirements specified in this section are in addition to those specified in 33 CFR 155 which are incorporated herein by reference. (b) Containment and Removal of On-Deck Spills. (1) Transfer units and receiving units must provide appropriate equipment and supplies for the containment, removal and storage of on-deck oil spills of at least seven barrels. Such equipment and supplies must include: (A) sorbents sufficient to contain seven barrels of oil; (B) non-sparking hand scoops, shovels, and buckets; (C) containers suitable for holding seven barrels of recovered waste; (D) a minimum of 15 gallons of a deck cleaning agent; (E) appropriate protective clothing to protect personnel from inhalation hazards, eye exposure, and skin contact; (F) non-sparking portable pump(s) with appropriate hoses; and (G) the equipment required in this section must remain ready, and pump(s) with appropriate hoses must be ready, for immediate use during transfer operations. (c) Transfer units, except for small marine fueling facilities, must carry or provide at the point of transfer appropriate equipment and supplies for the containment and removal of both persistent oil, and #1 and #2 grade oil (as defined in Section 841 of this subchapter) spills in water adjacent to the transfer site. Prior to beginning each transfer operation the transfer unit shall provide either one of the following for the duration of the entire transfer operation: (1) boom deployed so as to enclose the water surface area adjacent to the receiving unit which will provide common containment area for: (A) either of the following: 1. the entire receiving unit and the point of transfer; or 2. those portions of the receiving unit or seawall from which oil may spill into the water. (B) where the hull of the transfer unit or seawall is capable of acting as an effective barrier on the side of the receiving unit, the boom on that side may be deployed so that it provides containment between the receiving unit and the transfer unit or seawall. (C) the boom shall be deployed so that it provides a stand-off of not less than 4 feet from the outboard side of the receiving unit. (2) sufficient boom, trained personnel and equipment, maintained in a stand-by condition at the point of transfer, such that at least 600 feet of boom, or an amount sufficient to meet the containment requirements in subsection (1), above, whichever is greater, can and will be deployed for the most effective containment immediately, but no longer than 30 minutes, after discovery of a spill. (d) In addition to the requirements specified in this Subsection (c) above, the owner or operator of a transfer unit shall also identify the equipment, personnel and procedures such that at least an additional 600 feet of boom can and will be deployed. These response resources shall be on-scene and deployed within one hour for the most effective containment in the event of an oil spill. Note: Authority cited: Sections 8670.7, 8670.17, 8670.18 and 8670.28, Government Code. Reference: Sections 8670.2, 8670.14, 8670.25 and 8670.28, Government Code. s 844.1. Oil Discharge Cleanup; Marine Facility and Vessel Oil Transfer Operations. This section does not apply to small marine fueling facilities. Oil discharge cleanup requirements for small marine fueling facilities are addressed in Section 844.4 of this subchapter. (a) Each person conducting an oil transfer operation shall stop the transfer operation whenever oil from any source is discharged: (1) in the transfer operation work area and poses a threat of spilling into marine waters; or (2) into the water or upon the adjoining shoreline in the transfer area. (b) Except as permitted under paragraph (c) of this section, no person may resume an oil transfer operation after it has been stopped under Subsection (a) of this section, unless: (1) the source of the spill has been secured; (2) the oil discharged in the oil transfer operation work area is cleaned up; (3) the oil discharged into the water or upon the adjoining shoreline is cleaned up; and (4) both persons in charge agree to resume the oil transfer operation. (c) The U.S. Coast Guard Captain of the Port may authorize resumption of the oil transfer operation if it is deemed appropriate. Note: Authority cited: Sections 8670.7, 8670.17 and 8670.18, Government Code. Reference: Sections 8670.2, 8670.14 and 8670.25, Government Code. s 844.2. Reporting Requirements; Marine Facility and Vessel Oil Transfer Operations. This section does not apply to small marine fueling facilities. Reporting requirements for small marine fueling facilities are addressed in Section 844.5 of this subchapter. (a) An immediate report must be made by the transfer unit to the California Office of Emergency Services in the event any of the following occurs during an oil transfer operation: (1) a fire, explosion, collision, or grounding; (2) any similar incident or occurrence which poses a threat to the vessels involved. (b) The master or person in charge of a vessel shall report any discharge of oil into the water from such vessel. (c) Notification. (1) Unless the Staff and the operator agree otherwise, at least four (4) hours, but not more than twenty-four (24) hours, prior to the initiation of any transfer operation, the transfer unit operator shall provide notice of the transfer to the Staff. For oil transfer operations where the transfer unit operator is given less than four (4) hours notice, the operator shall provide the Staff with notice of the transfer as soon as possible after receiving notice of the anticipated transfer, but in any case prior to the initiation of transfer operations. (2) The notification requirement in Subsection (a) above also applies to oil transfers to or from a marine facility, tank vessel or nontank vessel within a drydock, and oil transfers to or from the drydock. (3) Notifications shall be made in writing by facsimile machine or other agreed upon means to the Staff. (4) The notification shall include the following: a. the location of the transfer; b. the expected time of arrival of the transfer unit; c. time anticipated for initiation of the transfer operation; d. time anticipated for completion of the transfer operation; e. the names of the transfer unit and receiving unit involved; f. the type or types of oil and quantity being transferred; g. the name and 24 hour telephone and facsimile number of the Qualified Individual; and h. the name of the transfer unit's contracted oil spill response organization(s). (5) Acknowledgment by the Staff of the notification required by this section is not required to commence operations. Note: Authority cited: Sections 8670.7, 8670.17 and 8670.18, Government Code. Reference: Sections 8670.2, 8670.14 and 8670.25.5, Government Code. s 844.3. Containment and Response Equipment Requirements; Small Marine Fueling Facility Oil Transfer Operations. (a) The requirements specified in this section are in addition to those specified in 33 CFR 154 which are incorporated herein by reference. (b) Small marine fueling facilities shall carry on-site appropriate equipment and supplies for the containment and removal of on-deck and on-shore oil spills of at least two barrels. Such equipment and supplies must include: (1) sorbents sufficient to contain two barrels of oil; (2) non-sparking hand scoops, shovels, and buckets; (3) containers suitable for holding two barrels of recovered waste; (4) a minimum of five gallons of a deck cleaning agent; (5) appropriate protective clothing to protect personnel from inhalation hazards, eye exposure, and skin contact; (6) non-sparking portable pumps with appropriate hoses; and (7) the equipment required in this section must remain ready, and pumps with appropriate hoses must be ready, for immediate use during transfer operations. (c) Small marine fueling facilities, not including mobile transfer units, must carry or provide at the point of transfer appropriate equipment and supplies for the containment and removal of both persistent oil, and #1 and #2 grade oil (as defined in Section 841 of this subchapter) spills in waters adjacent to the transfer site. Prior to beginning each transfer operation, the small marine fueling facility shall provide either one of the following for the duration of the entire transfer operation: (1) boom deployed so as to enclose the water surface area adjacent to the vessel which will effectively maintain a common containment and oil entrapment area for: (A) either of the following: 1. the entire vessel and the point of transfer; or 2. those portions of the vessel and seawall from which oil may spill into the water. (B) where the hull of the vessel and the face of the dock or seawall are both capable of acting as effective barriers, the boom may be deployed so that it provides containment between the vessel and dock or seawall. (C) the boom shall be deployed so that it provides a stand-off of not less than four feet from the outboard side of the vessel. (2) sufficient boom, trained personnel and equipment, maintained in a stand-by condition at the point of transfer, such that at least 600 feet of boom, or an amount sufficient to meet the containment requirements in subsection (1) above, whichever is greater, can and will be deployed for the most effective containment immediately, but no longer than 30 minutes, after discovery of a spill. (d) In addition to the requirements specified in this Subsection (c) above, the owner or operator of a small marine fueling facility, not including mobile transfer units, shall also identify the equipment, personnel and procedures such that at least an additional 600 feet of boom can and will be deployed. Mobile transfer units shall identify the equipment, personnel and procedures sufficient to contain a two barrel spill. These response resources shall be on-scene and deployed within one hour for the most effective containment in the event of an oil spill. Note: Authority cited: Sections 8670.7, 8670.17, 8670.18 and 8670.28, Government Code. Reference: Sections 8670.2, 8670.14, 8670.25 and 8670.28, Government Code. s 844.4. Oil Discharge Cleanup; Small Marine Fueling Facility Operations. (a) Each person conducting an oil transfer operation shall stop the transfer operation whenever oil from any source is discharged: (1) in the transfer operation work area and poses a threat of spilling into marine waters; or (2) into the water or upon the adjoining shoreline in the transfer area. (b) Except as permitted under paragraph (c) of this section, no person may resume an oil transfer operation after it has been stopped under paragraph (a) of this section, unless: (1) the source of the spill has been secured; (2) the oil discharged in the oil transfer operation work area is cleaned up; (3) the oil discharged into the water or upon the adjoining shoreline is cleaned up; and (4) both persons in charge agree to resume the oil transfer operations. (c) The U.S. Coast Guard Captain of the Port may authorize resumption of the oil transfer operation if it is deemed appropriate. Note: Authority cited: Sections 8670.7, 8670.17 and 8670.18, Government Code. Reference: Section 8670.2, 8670.14 and 8670.25, Government Code. s 844.5. Reporting Requirements; Small Marine Fueling Facility Operations. (a) An immediate report must be made by the vessel and the small marine fueling facility to the California Office of Emergency Services, in the event any of the following occurs during an oil transfer operation: (1) a fire, explosion, collision, or grounding; (2) any similar incident or occurrence which poses a threat to the vessels or facilities involved. (b) The master or person in charge of a vessel or small marine fueling facility (including Mobile Transfer Units) shall immediately report any discharge of oil into the water. (c) Notification: Mobile Transfer Units Only. (1) Unless the Staff and the operator agree otherwise, at least four hours, but not more than 24 hours, prior to the initiation of any transfer operation, the mobile transfer unit operator shall provide notice of the transfer to the Staff. For mobile transfer unit operations where the operator is given less than four hours notice, the operator shall provide the Staff with notice of the transfer as soon as possible after receiving notice of the anticipated transfer, but in any case prior to the initiation of transfer operations. (2) Notifications shall be made in person, by telephone or by facsimile machine to the Staff. (3) The notification shall include the following: a. the location of the transfer; b. the expected time of arrival of the unit; c. time anticipated for initiation of the transfer operation; d. time anticipated for completion of the transfer operation; e. the names of the transfer unit or receiving unit involved; f. the type or types of oil being transferred; g. the name and 24 hour telephone and facsimile number of the Qualified Individual; and h. the name of the Mobile Transfer Unit's oil spill response organization(s). (4) Acknowledgment by the Staff of the notification required by this section is not required to commence operations. Note: Authority cited: Sections 8670.7, 8670.17 and 8670.18, Government Code. Reference: Sections 8670.2, 8670.14 and 8670.25.5, Government Code. s 844.6. Applicability. (a) This Article applies to vessels which engage in oil lightering operations where a spill could impact the marine waters of California. Lightering or lightering operation means the transfer of a cargo of oil in bulk from one vessel to another. Lightering includes all phases of the operation from the beginning of mooring activities between the transfer unit and the receiving unit to the departure of the either the transfer unit or the receiving unit. A lightering operation does not include bunkering. These rules are in addition to rules found in Article 1.1 of this subchapter. The requirements of this article shall not apply to a vessel that conducts a lightering operation in an effort to prevent an oil spill or other harm to public safety or the environment. Note: Authority cited: Sections 8670.7, 8670.17 and 8670.18, Government Code. Reference: Sections 8670.2, 8670.17 and 8670.18, Government Code. s 844.7. General Requirements; Lightering Operations. (a) No vessel may transfer cargo oil upon marine waters of the State of California where the cargo oil is to be lightered, unless: (1) the vessel is in compliance with the requirements of this subchapter; (2) both the receiving unit and the transfer unit have on board at the time of transfer, a valid Certificate of Inspection, Certificate of Compliance, or a Tank Vessel Examination Letter, as would have been required under 46 U.S.C. 3710 or 3711, had the transfer taken place in a port or place subject to the jurisdiction of the United States; and (3) the receiving unit and transfer unit as required by 33 CFR 151 have on board, at the time of transfer, an International Oil Pollution Prevention (IOPP) Certificate or equivalent documentation of compliance with Annex I of the International Convention for the Prevention of Pollution from Ships, 1973, as modified by the Protocol of 1978. Such documentation is the same as that which required by 33 CFR 151 for vessels in the navigable waters of the United States. The IOPP Certificate or documentation of compliance shall be that prescribed by 33 CFR 151.19 and 33 CFR 151.21, and shall be effective under the same timetable as specified in 33 CFR 151.19. Note: Authority cited: Sections 8670.7, 8670.17 and 8670.18, Government Code. Reference: Sections 8670.2 and 8670.14, Government Code. s 844.8. Applicability. Note: Authority cited: Sections 8670.7, 8670.18 and 8670.28, Government Code. Reference: Sections 8670.2 and 8670.17, Government Code. s 844.9. Tug Requirements. Note: Authority cited: Sections 8670.7, 8670.17 and 8670.18, Government Code. Reference: Sections 8670.2 and 8670.17, Government Code. s 844.10. Mooring Masters. Note: Authority cited: Sections 8670.7, 8670.17 and 8670.18, Government Code. Reference: Sections 8670.2, 8670.14 and 8670.17, Government Code. s 844.11. Assistant to the Mooring Master. Note: Authority cited: Sections 8670.7, 8670.17 and 8670.18, Government Code. Reference: Sections 8670.2, 8670.14 and 8670.17, Government Code. s 844.12. Underkeel Clearance. Note: Authority cited: Sections 8670.7, 8670.17 and 8670.18, Government Code. Reference: Sections 8670.2 and 8670.17, Government Code. s 845. Inspections. (a) Inspectors may board and inspect any vessel which is conducting, preparing to conduct, or has just finished conducting an oil transfer before either the transfer unit or the receiving unit has departed. The Administrator has the primary responsibility for carrying out the provisions of the Act within the Administrator's jurisdiction. (b) The Administrator shall designate persons to act in the capacity of inspector for purposes of this article. Such personnel shall be readily identifiable by credentials issued by the Administrator. Credentials issued pursuant to this article shall be carried by the inspector conducting any inspection and made available for viewing upon request from any interested party. (c) As used in Section 845.2 below, the term Administrator shall also mean any person having the authority to conduct inspections as delegated pursuant to this article. Note: Authority cited: Sections 8670.7, 8670.17 and 8670.18, Government Code. Reference: Sections 8670.2 and 8670.18, Government Code. s 845.1. Compliance with Federal, State and Local Regulations. All operators involved in transfer operations shall comply with all applicable federal, state, and local pollution prevention regulations, including, but not limited to, the provisions under 33 CFR Parts 154, 155, and 156. Note: Authority cited: Sections 8670.7, 8670.17 and 8670.18, Government Code. Reference: Sections 8670.2 and 8670.14, Government Code. s 845.2. Inspections and Monitoring. (a) The Administrator shall carry out an inspection program which shall include the following: (1) at least once every three years, the Administrator shall conduct a system safety inspection of each vessel engaged in transfer operations in the marine waters of California. Such an inspection shall determine whether the vessel is in compliance with equipment, procedures, and other requirements as specified by this subchapter. (2) monitoring transfer operations at the transfer site on a continuing, random basis. (b) Inspectors' Access to Vessels and Records. (1) Every vessel operator shall provide the Administrator access at any time to any and all policies, guidelines and reports relating to the testing, inspection, maintenance and operation of the vessel, including but not limited to operations manuals and U.S. Coast Guard Inspection Reports. (2) All vessel operators involved in transfer operations shall ensure that the Administrator has access at any and all times on board any and all vessels engaged in transfer operations. The vessel operator shall provide, at a minimum, SOLAS approved access to board the vessel. Access shall be provided to the Administrator for the purpose of monitoring transfer operations and compliance with regulations of the U.S. Coast Guard and the Administrator with regard to oil pollution prevention during such operations. The Administrator shall have access to any and all areas of the vessel necessary, as deemed by the inspector, to monitor any and all phases, aspects, and parts of the transfer operations. (3) Access under paragraphs (1) and (2) shall be provided without warrant or prior notification by the Administrator. (4) If the Administrator is denied access as specified under this section, all transfer operations at the vessel shall terminate and may not proceed until the earlier of the following occurs: (A) the Administrator gives approval for transfers to proceed; or (B) a period of 48 hours has elapsed from the time that the Administrator informed that access was denied. During such 48 hour period the Administrator shall pursue appropriate legal remedies to gain access, or enjoin further oil transfers. (5) If access as specified under this section is denied, the Administrator shall do all of the following: (A) provide notification of the denial of access to the U.S. Coast Guard Marine Safety Office having jurisdiction; (B) provide notification of the denial of access to the State Lands Commission; and (C) take whatever legal action is necessary to obtain access, including, but not limited to, the following: 1. seeking any orders or other documents necessary or appropriate from a court having proper jurisdiction; or 2. seeking any other orders or documents necessary or appropriate. (c) In the event of an oil spill, the presence of any of the Administrator's inspectors or any other agent or employee of the Administrator shall in no way relieve or alter any responsibility the operator of a vessel involved in transfer operations may have to report the discharge to the Office of Emergency Services, as required under Government Code Section 8670.25.5, and to comply with all applicable contingency plans and all requirements under the Government Code regarding response to oil spills. Note: Authority cited: Sections 8670.7, 8670.17 and 8670.18, Government Code. Reference: Sections 8670.18 and 8670.25.5, Government Code. s 851. Short Title. Note: Authority cited: Sections 8670.17 and 8670.23, Government Code. Reference: Section 8670.17, Government Code. s 851.1. Effective Date of This Subchapter. This subchapter, as amended, shall be effective on June 9, 2004. Note: Authority cited: Sections 8670.17.2(a) and 8670.23.1(d), Government Code. Reference: Sections 8670.17.2(b), 8670.23.1(d), (e)(1) and (h), Government Code. s 851.2. Purpose and Scope. This subchapter sets forth tank vessel escort requirements for the San Francisco, San Pablo and Suisun Bays. These requirements specify that tank vessels carrying 5,000 or more long tons of oil in bulk as cargo shall be escorted by a suitable escort tug or tugs. The escort tugs will be available, and shall respond as needed to influence the speed and direction of travel of the tank vessel in the event of a casualty, or steering or propulsion failure, thereby reducing the possibility of groundings or collisions and the risk of oil spills from these tank vessels. This subchapter established the criteria for matching tugs to tankers and barges. Tankers will be matched according to a matrix that correlates a tanker's displacement with the braking force of a tug(s). Barges must be matched based on a one-to-one correlation of the deadweight tonnage of the barge to the braking force of the tug(s). The Administrator shall review the matching criteria and other program elements within two years of the effective date of this subchapter. The program review will include a survey of the tanker-related incidents in U.S. waters to determine the types of failures that have occurred, an assessment of tug technology and any advances made in design and power, and the tug escort-related rules and policies that are implemented by other coastal states and maritime organizations. At the conclusion of the review, the Administrator will determine whether it is necessary to modify the tug/tanker matching criteria or any other provision of the program requirements. Note: Authority cited: Sections 8670.17.2(a) and 8670.23.1(d), Government Code. Reference: Sections 8670.17.2(b) and 8670.23.1(e)(1), Government Code. s 851.3. Definitions. Definitions governing the construction of this subchapter can be found in Government Code Section 8670.3, and Chapter 1 of this subdivision. Note: Authority cited: Sections 8670.3, 8670.17.2(a) and 8670.23.1(d), Government Code. Reference: Sections 8670.3 and 8670.17.2(a), Government Code. s 851.4. Applicability. (a) This subchapter shall apply to all tank vessels capable of carrying 5,000 or more long tons of oil in bulk as cargo when these vessels are underway on waters in the San Francisco, San Pablo and Suisun Bays, as follows: (1) tank vessels carrying 5,000 or more long tons of oil as cargo shall be required to comply with all the requirements in this subchapter; (2) tank vessels carrying less than 5,000 long tons of oil as cargo shall only be required to comply with the reporting requirement as stated in Subsection 851.7 (b) The escort requirements of this subchapter shall not apply to tank vessels that are only shifting location within an anchorage. Any tug used during such a shifting maneuver need not be an escort tug registered with the Clearing House. (c) This subchapter shall not apply to tank vessels otherwise covered by the requirements of this subchapter in the event of an emergency. The master of the tank vessel shall report to the Clearing House any deviation from the requirements outlined in this subchapter as soon as practicable, and in no case later than the departure of the tank vessel from the marine waters of the state. For purposes of this section, an emergency shall include, but not be limited to, any of the following: (1) imminent and immediate danger to the vessel, its cargo, or its crew; or (2) imminent and immediate danger to a marine terminal, or to the escort tug; or (3) imminent and immediate danger to a vessel in close proximity to the tank vessel; or (4) any emergency declared by the Captain of the Port. (d) This subchapter (except for this Subsection 851.4(d)) shall not apply to tankers with double hulls, as that term is defined in 33 CFR 157.03(kk), when the tanker also has the following: (1) Fully redundant steering and propulsion systems to include: (A) two independent propulsion systems each with a dedicated propeller, engine (or motor), electrical generation system, electrical system (including the switchboard), fuel system, lube oil system, and any other system required to provide the vessel with independent means of propulsion; and (B) two independent rudders each with separate steering systems; and (C) the propulsion and steering components, as described in Subsection (A) and (B) above, shall be arranged in separate spaces, such that a fire or flood in one space will not affect the equivalent system in the other space(s); and (D) a bow thruster with an assigned power source; (2) A Navigation System in compliance with the federal navigational equipment requirements set forth in 33 CFR Sections 164.35, 164.37, 164.38(b), 164.40, 164.41, 164.42, and 164.43. (3) No exemption to this subchapter shall be allowed for a tanker requesting a U.S. Coast Guard Captain of the Port letter of deviation, pursuant to 33 CFR Sections 164.51, 164.53, and 164.55. (4) The Administrator may require tankers that are exempt from this subchapter under the conditions outlined in Subsection (d) to periodically demonstrate the tanker and crew's ability to maneuver in response to a partial or total loss of propulsion and/or steering at a level of safety at least equal to that of an escorted tanker. (e) This subchapter shall apply to all tugs being used to escort tank vessels in waters identified as escort zones. (f) The tank vessel master remains responsible for the safe navigation and maneuvering of the vessel in all circumstances. The requirements outlined in this section are in addition to, and not a limitation of, any other responsibility created by custom, law, or regulation. Note: Authority cited: Sections 8670.17.2(a) and 8670.23.1, Government Code. Reference: Section 8670.23.1, Government Code. s 851.5. Escort Zone Requirements. (a) Six tank vessel escort zones are established as follows: (1) Zone 1: All waters in the area encompassed by a straight line drawn between Point Bonita Light, through Mile Rocks Light to the shore (the COLREGS Demarcation Line), and eastward to the Golden Gate Bridge; (2) Zone 2: All waters from the Golden Gate Bridge, south to a line drawn between the southern tip of Bay Farm Island and the southeastern tip of Point San Bruno Peninsula, and north to a line drawn from Point San Pablo to San Pablo Bay Light 4 (Light List number 5880), to San Pablo Bay Channel Light 5 (Light List number 5885), to Point San Pedro; (3) Zone 3: All waters from the southern end of Zone 2 to one mile north of the San Mateo Bridge; (4) Zone 4: All waters in the navigable channel from one mile north of and to one mile south of the San Mateo Bridge; (5) Zone 5: All waters from the eastern boundary of Zone 2 to the western approaches of the Carquinez Bridges at Light 15; (6) Zone 6: All waters from Light 15, through the Carquinez Strait, north on the Sacramento Ship Channel to one mile beyond the Ryer Island Ferry Terminal and east on the San Joaquin River to one mile beyond the Antioch Bridge; (b) Tank vessels required to have escorts under this subchapter shall be escorted in the zones as specified below: (1) Escort tugs are required for tank vessels operating within Zones 1, 2, 4, or 6; (2) Escort tugs will not be required in Zones 3 or 5, or in areas outside of Zones 1 through 6; (3) No tank vessel may transit in a zone that requires an escort tug unless escorted by a tug or tugs of sufficient size and capability, as specified in section 851.9 (for tankers) and 851.9.1 (for barges). (4) In Zone 1, escort tugs shall be stationed as follows: (A) on an inbound transit, the escort tug shall be in Zone 1 prior to the tank vessel's arrival to the area bounded by an arc eight nautical miles seaward of and centered on Mile Rocks Light; and (B) on an outbound transit, the escort tug shall remain in Zone 1 until the tank vessel leaves the area bounded by an arc eight nautical miles seaward of and centered on Mile Rocks Light. Note: Authority cited: Sections 8670.17.2(a) and 8670.23.1(d), Government Code. Reference: Section 8670.17.2(a), Government Code. s 851.5.1. Escort Plans. (a) All tank vessel masters shall use an Escort Plan for transits through zones 1, 2, 4, or 6. The tank vessel shall not continue or commence a transit through any Escort Zone without an Escort Plan that is complete and adequate. The plan shall document the steps that the tank vessel owner/operator and/or master will take to comply with the requirements of this subchapter. The Escort Plan requirements set forth in this section are only planning standards and may not reflect the exigencies of an actual incident response. However, the Escort Plan must demonstrate that the vessel master is prepared to take the actions necessary to assure a reasonable level of success in providing the protection intended by this subchapter, as stated in section 851.2. The Escort Plan shall include: (1) the tank vessel's intended route(s); (2) the intended transit speed(s); (3) a communication plan, to include the radio frequencies that will be used and any other means of electronic communication; (4) the following characteristics of the tank vessel: (A) the location and strength of the bitts and chocks to be used by the escort tugs, (B) the location of the pushing surfaces on the hull that are strong enough to sustain the forces that can be exerted by the escort tug(s), (C) the number of crew assigned to escort-related duties, (D) any pertinent performance characteristics and related limitations of the steering and propulsion system(s); (5) the escort tugs to be used during the transit as required in section 851.9 (for tankers) or 851.9.1 (for barges); (6) the response actions that will most likely be implemented in the event of an emergency, taking into account the available bitts and chocks, pushing surfaces, line type, and expected tides and currents. (b) Escort Plans shall be prepared using one of the following: (1) a format as designed, completed and submitted by the tank vessel owner/operator; or (2) a Checklist as recommended by the Harbor Safety Committee of the San Francisco Bay region, and approved by the Administrator. The vessel owner/operator shall assure that the vessel master completes the Checklist according to the requirements in this subchapter. (c) Review, approval and use of an Escort Plan designed and submitted by the tank vessel owner/operator: (1) a tank vessel owner/operator may develop an Escort Plan for a vessel or vessels, and submit that plan to the Administrator for review and approval prior to using the plan for escorted transits; (2) the Escort Plan developed by the vessel owner/operator shall include all the information required in subsection 851.5.1(a). The requirement for information regarding the tug(s) to be used during the transit may be met by stating the size and braking force capacity of the tug(s) needed for each of the vessels covered by the plan. (3) each plan shall be either approved, approved with conditions, or denied within 60 days after the Administrator receives the plan. Approval, once given, may be revoked if it is found that the plan submitter is not complying with the requirements of this subchapter; (A) to be approved, the plan must comply with the requirements in this section, must match tug(s) to the tank vessels in accordance with the requirements in this subchapter, and must demonstrate that the tank vessel owner/operator and/or master maintains a level of readiness that will allow for effective implementation of the plan. The plan submitter shall be notified in writing when a plan has been approved. (B) approval shall be denied or revoked if the plan, or the implementation of the plan, does not comply with the requirements of this subchapter. If a plan is denied or revoked, the Administrator shall notify the owner/operator in writing of the reasons for denial or revocation, and provide an explanation of those actions necessary to secure approval. The Checklist form of escort plan, as prescribed in this section, shall be used unless and until a new or revised escort plan is submitted and approved by the Administrator. (4) once approved, the master and pilot shall use and comply with the Escort Plan on each escorted transit: (A) the details of the Escort Plan shall be reviewed and discussed as part of the pre-escort conference (section 851.7); (B) as part of the pre-escort communications, the pilot or, if there is no pilot on board, the master shall notify the Clearing House that the plan has been reviewed, and shall inform the Clearing House of the tugs that have been chosen for the escort. (5) the Checklist format, as described in this section, shall be used for all escorted transits unless or until an Escort Plan is submitted by the vessel owner/operator, and approved by the Administrator. (d) Completion, review and use of Escort Plans prepared using the Checklist format developed by the Harbor Safety Committee: (1) the Checklist shall include all the items enumerated in subsection 851.5.1(a), as well as a schematic drawing of a tank vessel sufficient to illustrate the location of the bitts and chocks, and those areas on the hull that are capable of withstanding the forces exerted by the escort tug(s). The Administrator shall provide a copy of the approved Checklist to the Clearing House for distribution to tank vessel owner/operators, masters and/or pilots. (2) the master shall complete the Checklist, and shall verify that all the requisite elements have been included. The master shall sign the Checklist to indicate that, to the best of the master's knowledge, the information on the Checklist is correct, and is in compliance with the requirements of this subchapter. If there is no pilot on board, the master shall notify the Clearing House when the Checklist has been completed and shall inform the Clearing House of the tugs that have been chosen for the escort. The Administrator may request a copy of any Checklist at any time to determine if the planning process has been completed adequately. (3) the Checklist shall be completed by the tank vessel master at the following points during a transit operation: (A) for vessels arriving from sea, the Checklist shall be completed prior to entering Zone 1; 1. Alternatively, the agent or owner/operator may complete the Checklist and electronically send the completed form to the master and the Clearing House: i. before the vessel's estimated time of arrival to the San Francisco Bay Pilotage area, or ii. before the vessel's arrival at the San Francisco Bay Precautionary Area, or iii. after the vessel's departure from its last Port of Call. (B) for in-bay movements or for departures, the Checklist shall be completed prior to beginning the transit. (4) if a pilot is on board, the pilot shall review the Checklist as cited in subsection 851.5.1(d) and shall verify that all the elements have been completed adequately. The pilot shall sign the Checklist after reviewing and verifying its adequacy. The pilot shall then notify the Clearing House that the planning process has been completed, and shall inform the Clearing House of the tugs that have been chosen for the escort. (A) the pilot shall determine that the Checklist is adequate if the following are met: 1. all the items on the Checklist have been addressed completely; and 2. the information provided demonstrates that the tank vessel master is prepared to take the actions necessary to assure a reasonable level of success in using the escort tug(s) in response to a vessel casualty. (B) if the pilot determines that the Checklist is not adequate, the pilot shall notify the Clearing House, and explain the reason(s) for such determination. The Clearing House shall then immediately notify the Administrator that a Checklist has been determined to be inadequate by the pilot. (C) The Administrator shall review all inadequacy determinations made by a pilot and shall decide whether the determination is appropriate. The Administrator may affirm or overturn such determination, or may provide for conditional approval of a Checklist, as follows: 1. the Checklist will be considered adequate if it is complete, if the tug to tanker match has been done in accordance with this subchapter, and the information provided demonstrates that the tank vessel master is prepared to take the actions necessary to assure a reasonable level of success in using the escort tug(s) in response to a vessel casualty. If a Checklist is determined to be inadequate, the vessel may be ordered to discontinue operations until an adequate Checklist is completed; 2. a Checklist may be approved conditionally if there is a minor deficiency in one or more of the requisite elements. Conditional approval may require that the tank vessel operate under specified precautionary measures (such as operating at a slower speed). If the owner/operator of a tank vessel fails to comply with the requirements of the conditional approval, the Administrator may order the tank vessel to discontinue operations until an acceptable Checklist for that vessel has been completed and approved. (D) The pilot is not responsible for delaying or stopping the transit solely because of a plan's inadequacy. (5) The tank vessel owner/operator or the master shall ensure a copy of the completed, signed Checklist is submitted to the Clearing House within 14 days after the transit covered by the Checklist. The master, pilot, ship's agent or vessel owner/operator may send the copy to the Clearing House. A copy of the Checklist shall also be maintained aboard the vessel for a period of one year after the transit. A copy of the Checklist shall be made available to the Administrator upon request. Note: Authority cited: Sections 8670.17.2(a) and 8670.23.1(d), Government Code. Reference: Sections 8670.17.2(b) and 8670.23.1(e)(1), Government Code. s 851.6. Clearing House Responsibilities. (a) The Administrator shall establish a Clearing House which shall be responsible for performing escort compliance and monitoring duties, to include the following: (1) monitor, verify, and record the braking force of each escort tug that will be used to comply with this subchapter; (2) ensure that the braking force measurement is certified by the American Bureau of Shipping (ABS) or by any member in the International Association of Classification Societies; (A) the braking force measurement shall be monitored by the Clearing House for those escort tugs that are tested in the San Francisco Bay region; (B) escort tugs may be tested in another port if the braking force measurement is conducted in a manner consistent with the ABS (or equivalent) standards as used by the Clearing House. The tug owner/operator shall register such measurement with the Clearing House, and shall provide verification that the measurement complies with the ABS (or equivalent) standards. (3) maintain and publish a register which lists the following for each escort tug whose braking force is measured under this section: (A) the tug's name; (B) the tug operator; (C) the length of the tug; (D) for tractor tugs, bollard pull ahead or astern, or the braking force determined by an alternate compliance model developed in accordance with the requirements of this subchapter; (E) for conventional tugs, bollard pull astern; (F) type and configuration of the propulsion system; (G) type and configuration of the steering system. (4) receive notification of a tank vessel's arrival and/or movement as required under Section 851.7; (5) receive notification of the displacement of a tanker, and the tug(s) chosen for an escorted transit. The Clearing House shall use this reported information to determine if the tanker is correctly matched to the escort tug(s) as required in this subchapter, and shall immediately report to the Administrator when such a match has not been done correctly. The verification shall be made prior to the tanker's arrival and/or movement. The Clearing House shall also be responsible for verifying the tug vessel's stability when these tugs are operating westward of the Golden Gate Bridge as specified in Section 851.8(f); (6) receive notification of the deadweight tonnage of a barge and the tug(s) that have been chosen for the escorted transit. The Clearing House shall use this reported information to determine if the barge is correctly matched to the escort tug(s) as required in this subchapter, and shall immediately report to the Administrator if the match has not been done correctly. The verification shall be made prior to the arrival and/or movement of the barge; (7) maintain copies of blank Checklists for distribution upon request to tank vessel owner/operators, masters and/or pilots; (8) receive notification of the completion of an Escort Plan, or the completion and adequacy of a Checklist, and report to the Administrator when a pilot makes a determination that a Checklist is not adequate; (9) maintain copies of the completed Checklists submitted by the tank vessel owner/operator or masters. Copies must be kept for a period of 3 years from the date of the transit covered by the Checklist. A copy of any Checklist shall be made available to the Administrator upon request; (10) receive reports from tug owners, operators or agents of any tug casualty that occurs during an escorted transit, and develop and maintain a database of all such casualty reports; (11) monitor compliance with the requirements of this subchapter and report all violations to both the Office of Spill Prevention and Response and the Harbor Safety Committee for the San Francisco Bay Region. (b) The Administrator shall ensure that the duties of the Clearing House are performed in an effective and impartial manner. The Administrator may enter into a contract or establish a memorandum of understanding to designate an individual, organization, corporation or agency to operate as the Clearing House. (c) The Clearing House shall be authorized to assess and collect a fee to cover the costs incurred in complying with the tug escort requirements of this subchapter. The owner/operators of all escort tugs and all tank vessels required to have a tug escort shall pay the fee assessed by the Clearing House. Note: Authority cited: Sections 8670.17.1, 8670.17.2(a) and 8670.23.1(d), Government Code. Reference: Sections 8670.17.1 and 8670.23.1(e)(1), Government Code.Authority cited: Sections 8670.17.1, 8670.17.2(a) and 8670.23.1(d), Government Code. Reference: Sections 8670.17.1 and 8670.23.1(e)(1), Government Code. s 851.7. Communication and Reporting Requirements Before, During and After an Escorted Transit. (a) No more than one hour prior to entering or transiting the marine waters of the San Francisco, San Pablo or Suisun Bays, the pilot or, if there is no pilot onboard, the master of a tank vessel shall report the vessel's name and position to the Clearing House, and shall report the status of the vessel as follows: (1) tank vessels carrying 5,000 or more long tons of oil as cargo shall report as " Escort Required "; or (2) tank vessels carrying less than 5,000 long tons of oil as cargo and requiring no escort need not be reported. (b) After completing the review of the Checklist or the Escort Plan, as specified in section 851.5.1, the pilot or, if there is no pilot onboard, the master of the tank vessel shall report the following to the Clearing House: (1) a statement that the Escort Planning process has been completed; (2) if a pilot is onboard, a statement from the pilot as to whether the Checklist is completed, and whether the Checklist is or is not adequate; (3) a listing of the tugs that were chosen for the escort during the Escort Planning process; (4) for a tanker, the vessel's displacement; (5) for a barge, the vessel's deadweight tonnage. (c) Pre-Escort Conference: Before commencing an escorted transit, the pilot or, if there is no pilot onboard, the master of the tank vessel shall initiate communications with the escort tug(s). During this pre-escort conference, all parties shall plan and discuss the details of the escorted transit as specified on the Checklist or in the Escort Plan, including, but not limited to, the following: (1) the intended route; (2) the intended destination; (3) the speed of the vessel; (4) the positioning of the escort tug(s) relative to the tank vessel being escorted; (5) the manner in which an emergency connection would be made between the escort tug and tank vessel; (6) radio communications, including primary and secondary frequencies; and (7) anticipated weather and tidal conditions. (d) The master of the escort tug(s) shall report the name of the tug(s) and the name of the tank vessel to the Clearing House upon arrival at the following locations: (1) for inbound tank vessel movements; when passing Alcatraz, and when on-station; (2) for in-bay and outbound tank vessel movements; when on-station at the tank vessel prior to movement of the tank vessel. (e) At all times during the escorted transit, the master or pilot of the tank vessel shall maintain direct, two-way radio communication with the master or pilot of the escort tug. The radio communication shall be on a channel agreed to by both the master or pilot of the tank vessel and the master or pilot of the escort tug. (f) Reporting tug casualties during and after an escorted transit: (1) the master of the escort tug shall immediately notify the master or pilot of the escorted vessel of any casualty that occurs to the tug during the escorted transit. A casualty shall include any loss of main propulsion, primary steering, or any component or system that reduces the maneuverability of the tug, or any other occurrence that adversely affects the tug's ability to perform the escort function; (2) the tug owner, operator or agent shall file a written casualty report with the Clearing House within 72 hours of occurrence. The Clearing House shall maintain a database of these reports for three years. Note: Authority cited: Sections 8670.17.2(a) and 8670.23.1(d), Government Code. Reference: Section 8670.23.1(e)(1), Government Code. s 851.8. Requirements for Escort Tugs; Braking Force Measurement, Crew and Training Standards, Equipment and Stationing Criteria. (a) Braking force measurement: (1) any escort tug used to comply with the requirements of this subchapter must have its braking force verified and registered with the Clearing House, as follows: (A) for tractor tugs escorting in an ahead position the braking force is measured as the ahead bollard pull; (B) for tractor tugs escorting in an astern position the braking force is measured as the astern bollard pull; (C) for conventional tugs the braking force is measured as the astern bollard pull. (2) The braking force shall be re-measured after any modifications and/or repairs to the main engines, hull, shaft-drive line, or steering, that could affect the bollard pull. The new measurements must be verified and registered with the Clearing House. (3) The Clearing House shall publish procedures and standards to be followed when conducting braking force measurement. These procedures, entitled "San Francisco Bay Region Clearing House, Rules for Bollard Pull Tests", dated May 19, 2000, are incorporated by reference. These procedures and standards shall be made available upon request to the Clearing House. (4) Any escort tug used to comply with the requirements of this subchapter shall also meet one of the following: (A) the escort tug shall have its braking force re-measured within 3 years of its last bollard pull test, or; (B) the escort tug shall submit to an Escort Tug Inspection Program, as follows: 1. Escort tugs 150 gross tons or greater, and classed escort tugs shall be made available for inspection by the Administrator twice in five years during their dry dock examination. The period between inspections shall not exceed three years. 2. Escort tug maintenance records shall be made available for inspection by the Administrator. 3. If dry dock examination extensions are necessary, escort tugs shall comply with the direction of the cognizant Officer in Charge, Marine Inspection, or American Bureau of Shipping principal surveyors' direction. 4. For classed escort tugs, a copy of the Class Surveyor's report confirming that the condition of the drive train (shafts, propellers, nozzles or other type drive) and main engines are in the same state as when the builder's or last bollard pull certificate was issued, shall be forwarded to the Administrator. 5. Escort tug companies shall participate and have a certificate of compliance from one of the following Management Systems: i. American Waterways Operators Responsible Carrier Program; ii. International Safety Management; iii. ISO 9000 (quality management). 6. Escort tugs of less than 150 gross tons shall be made available for inspection by the Administrator once in five years during their dry dock examination. These escort tugs shall use a certified Marine Surveyor and shall comply with subsections 2, 3, and 4, above. (C) Escort tugs that submit to the Escort Tug Inspection Program, as described above, can perform escort duties in any port in the state, if the tugs meet the requirements of the appropriate subchapter (i.e., Subchapter 1, San Francisco Bay Region; Subchapter 2, Los Angeles/Long Beach Harbor; Subchapter 3, Port Hueneme Harbor; Subchapter 4, Humboldt Bay; Subchapter 5, San Diego Harbor), of this Chapter 4 of the California Code of Regulations. (b) Any escort tug used to comply with the requirements of this subchapter, must meet crew standards as follows: (1) An escort tug shall have a minimum of four persons on board including one certified tug master and two certified deck hands. The fourth person shall be a crew member capable of resolving mechanical difficulties aboard an escort tug in the event of an emergency; (2) The requirement for four crew members does not preclude additional deck hands who are gaining experience for certification; (3) The certified deck hands required under this subsection shall at all times be awake, alert and ready to respond during an escorted transit. The fourth person must be immediately available to respond to any mechanical difficulties aboard the escort tug. Immediate response may be assured by an alarm or other signaling device to wake or alert the fourth person to the emergency. (A) The Administrator may review the equipment and crew on an escort tug to assure compliance with this provision. The Administrator may require that the fourth person be awake and alert and ready to respond if the tug operator does not provide adequate mechanism to assure that the fourth person is immediately available to respond to a mechanical difficulty. (4) Working hours for escort crew members shall be limited to 15 hours in any 24-hour period, not to exceed 36 hours during any 72-hour period except in an emergency or a drill. Working hours shall include any administrative duties associated with the tug whether performed on board the tug or on shore. (c) Training requirements for the crew of any escort tug used to comply with the requirements of this subchapter are as follows: (1) to qualify for certification as the master or deck hand on an escort tug, an applicant must do all of the following: (A) possess a current and valid U.S. Coast Guard Merchant Mariner's Document; (B) show proof of at least 960 hours on duty of prior service aboard a tug, at least 240 hours of which must have been in the San Francisco Bay region; (C) successfully complete an approved education program which covers the following topics: 1. basic tugboat seamanship; 2. line handling skills; 3. communication systems; 4. emergency response to the loss of steering or propulsion on an escorted tank vessel and on the escort tug itself. (2) in addition to the requirements of subsection 851.8(c)(1), certification as the master of an escort tug requires that the applicant also do the following: (A) possess a U.S. Coast Guard license appropriate to the escort tug in service; and (B) show proof of an additional 240 hours on duty of service aboard a tug in the San Francisco Bay region (for a total of 480 of the requisite 960 hours of service); and (C) successfully complete an approved education program which covers knowledge of local waters, basic seamanship, and the use of the escort tug in reducing the risk of an escorted vessel's grounding or collision. (3) individuals may be considered to have satisfied certain educational requirements without attending an education program, if they meet the following criteria: (A) an individual with a U.S. Coast Guard rating of Able Seaman Special (OSV) is considered to have met the educational requirements in subsection 851.8(c)(1)(C) 1 and 2; (B) an individual with any Coast Guard license appropriate for the escort tug in service is considered to have met the educational requirements in subsections 851.8(c)(1)(C). (4) the Administrator shall review and approve the educational programs for masters and deck hands of escort tugs, and shall establish and maintain a list of all such approved programs: (A) an educational program shall be approved if it provides the coursework required by this section, and can adequately train students in the requisite skills; (B) a request for approval of a program shall be submitted to the Administrator in writing and shall include the following: 1. a description of the course content and materials; 2. the qualifications of the instructors; 3. the estimated cost of the program to the students; 4. a description of the site(s) where the course will be held, both classroom and field locations. (C) the Administrator shall notify the applicant of approval or denial within 30 days of the submittal of the application: 1. if the educational program is denied, the applicant will be notified of the reasons for denial and may resubmit the program for review after the deficiencies have been remedied; 2. once approved, the educational program must be submitted for re-evaluation at least once every 5 years or when a significant change occurs in the course content or materials. The 5-year re-submittal shall include an updated description of course content, materials, cost, and instructor qualifications, as well as copies of student evaluations from classes conducted during the previous year; 3. the Administrator may audit the course at any time to assure compliance with the requirements of this section. (5) The Administrator shall assure compliance with tug crew training and qualification requirements. Compliance with crew training and qualification requirements shall be verified as follows: (A) tug owner/operators shall establish and maintain adequate documentation to verify the training and qualifications of individual crew members, and shall make this information available to the Administrator upon request; (B) the Administrator may review the owner/operator's documentation annually to assure compliance with this section; (C) the Administrator may request this documentation at any time. (d) The following equipment must be onboard an escort tug and in operable condition during all escorted transits: (1) a line-throwing gun for use in Zone 1, with 300 feet of tag line. The tag line shall be of suitable strength and size for deploying the tow line; (2) power line-handling equipment fore or aft for rapid, mechanically assisted deployment of lines. The primary line-handling equipment shall be in the position (fore or aft) best suited for the design of the particular tug in escort service; (3) tow line with a breaking strength that is 2.5 times the certified braking force of the escort tug; (4) a quick release device to be used when an escort tug is in a tethered mode; (5) one working radar; (6) fendering appropriate to absorb impact in skin-to-skin operations, and located at both the bow and stern to act as pivot points when pulling away from the tank vessel. In addition, the fencing must be sufficient to assure that there are no exposed corners, large holes or metal parts which could inflict damage on the escorted vessel, and must cover sufficient surface area to minimize sliding when working at an angle to the tank vessel. (e) Annual inspection of the escort tug's equipment: (1) the owner/operator shall assure that the required equipment is on board and operable during all escorted transits; (2) the Administrator shall verify that the required equipment is on board each escort tug, and in operable condition. This verification may be obtained by an annual inspection which may be announced or unannounced. In conducting such inspections, the Administrator shall be guided by the standards established by the American Waterways Operators (AWO) in their Responsible Carrier Program, Sections III and IV, dated 2/21/95. (f) Stability requirements for all escort tugs that operate westward of the Golden Gate Bridge are as follows: (1) an escort tug shall have a load-line certificate; or (2) an escort tug shall have a letter verifying stability issued by the American Bureau of Shipping or any member in the International Association of Classification Societies. The letter shall establish that the escort tug complies with the stability requirements outlined in federal Load Line Regulations at 46 CFR, Sections 42.09-10(a), 42.09-15(a), (b), and (c) except subparagraphs (1) and (2), and 42.09-25(a) and (b) except for the portion of the last line of (b) that reads "... and meeting applicable requirements in this subchapter"; and 46 CFR Sections 173.090, 173.095 and 174.145. A copy of this letter shall be kept on file with the Clearing House. (g) Stationing requirements for escort tugs: (1) an escort tug shall not simultaneously engage in the escort of more than one tank vessel; (2) escort tugs shall maintain a station-keeping distance of no more than 1000 feet ahead or aside, or 500 feet astern of the tank vessel while engaged in escort activity; (3) escort tugs shall standby as the tank vessel transits Zones 3 and/or 5, as follows: (A) the escort tug(s) shall standby in Zone 2 or 6 as the tank vessel transits Zone 5; and (B) the escort tug(s) shall standby in Zone 2 or 4 as the tank vessel transits Zone 3; or (C) the escort tug(s) may accompany the escorted tank vessel through Zone 3 and/or 5 in lieu of standing by. (4) in Zone 1, the escort tug(s) shall be stationed as follows: (A) on an inbound transit, the escort tug shall be in Zone 1 prior to the tank vessel's arrival to the area bounded by an arc eight nautical miles seaward of and centered on Mile Rocks Light; and (B) on an outbound transit, the escort tug shall remain in Zone 1 until the tank vessel leaves the area bounded by an arc eight nautical miles seaward of and centered on Mile Rocks Light. (h) Escort transit log: (1) escort tug masters shall keep a record in the ship's log of every escorted transit; (2) the record of the escorted transit in the ship's log shall include information regarding the sequence of events during the transit, the crew assignments, any casualties that may occur, and any drills conducted. Note: Authority cited: Sections 8670.17.2(a) and 8670.23.1, Government Code. Reference: Section 8670.23.1, Government Code. s 851.9. Tanker and Tug Matching Criteria, and Tanker Crew and Equipment Requirements. (a) Default Matrix Option for Matching Tugs to Tankers: The tug or tugs used for an escorted transit shall be able to provide sufficient braking force to stop the escorted tanker from a speed of 5 knots through the water. The braking force of the tug(s) shall match the tanker's displacement, as indicated in the following matrix: Zones 1 and 2 Zones 4 and 6 Assisting 1 2 3 4 1 2 3 4 Current slack kt kts kts kts slack kt kts kts kts Displacement Braking Force in kips (1,000 [FNa1] pounds of force) 0 to < 20 20 20 30 40 40 40 50 70 90 110 20 to <30 20 30 40 50 60 50 70 90 120 160 30 to <40 30 40 50 60 70 60 90 120 160 210 40 to <50 30 40 60 70 90 70 110 150 200 250 50 to <60 40 60 70 90 110 100 140 190 250 320 60 to <80 50 70 90 120 140 120 180 250 330 420 80 to <100 60 80 110 140 180 150 220 300 400 520 100 to <120 70 100 130 170 210 180 270 370 500 650 120 to <140 80 110 150 190 240 210 310 430 580 760 140 to <160 90 140 190 240 310 240 350 490 660 860 160 to <180 100 150 210 270 350 260 390 550 740 970 180 to <200 110 170 230 300 390 [FNa2] [FNa- [FN- [FN- [FN- 2] a- a- a- 2] 2] 2] 200 to <220 120 180 250 330 420 [FNa2] [FNa- [FN- [FN- [FN- 2] a- a- a- 2] 2] 2] FNa1 1,000 long tons FNa2 The channel depth in zones 4 and 6 limits vessels that may use the channel to those drawing less than 35 feet. This table does not address vessels in zones 4 and 6 with a displacement greater than 180,000 long tons because such vessels would draw more than 35 feet and would thus not be allowed into these zones. (1) Applicable current velocity: The current velocities shall be determined using the published tide and current tables developed and maintained by NOAA, and used by the pilots. The current velocity used shall be the one published for the estimated time of arrival at the points noted below. The estimated time of arrival shall include a window of 30 minutes before and after the scheduled arrival to account of possible delays or changes. Tank vessel operators are responsible for adjusting the estimated arrival time when it appears that it will fall outside of the originally estimated one hour window. (2) Location of current readings: The specific current velocity to be used in conjunction with the matrix shall be the published readings for the following locations: (A) The Golden Gate Bridge - the predicted current velocity at the Golden Gate Bridge shall apply to vessels in zones 1 and 2 that are west of a north-south line drawn through the eastern tip of Alcatraz Island and terminating at Angel Island or to vessels in zones 1 and 2 that are west of the eastern entrance to Racoon Strait. (B) The Bay Bridge; west of Yerba Buena Island - the predicted current velocity at the Bay Bridge shall apply to vessels in zone 2 that are south of an arc drawn from Alcatraz Island east to Treasure Island and east of the north-south line drawn through Alcatraz Island. (C) 1.25 miles north of Point Chauncey - The predicted current velocity at 1.25 miles north of Pt. Chauncey shall apply to vessels in zone 2 that are north of an arc with a radius of 2.7 nautical miles centered at the intersection of the Bay Bridge and the San Francisco Peninsula drawn from Alcatraz Island east to Treasure Island and east of the north-south line drawn through the eastern tip of Alcatraz Island. (D) The San Mateo Bridge The predicted current velocity at the San Mateo Bridge shall apply to vessels while in zone 4. (E) The Carquinez Bridge - the predicted current velocity in Carquinez Strait shall apply to vessels in zone 6. How to use the Default Matrix Option for Matching Tugs to Tankers: The matrix provides current velocities for slack water, 1, 2, 3, and 4 knots. The slack water column shall be used only when the water is truly slack. The 1 knot column shall be used for any velocity above 0 and equal to 1. The 2 knot column shall be used for any velocity above 1 and equal to 2, and so on up to the 4 knot maximum. In those situations where the current velocity is above 4 knots, such as may occur at the Golden Gate, the tank vessel requiring an escort tug shall reschedule the transit to a time when the current velocity drops to 4 knots or below. (b) Alternative To The Default Matrix for Matching Tugs to Tankers: Measurement methodologies other than those used to establish the Default Matrix may be used instead of, or in addition to, the Matrix as follows: (1) Alternate Compliance Model for Escort Tugs: Tug owner/operators may propose an alternate method for measuring the braking force of any tug (in kips). Such alternate method may be used to demonstrate that the tug can provide higher steering or braking forces (in kips) than the simple bollard pull measurement would indicate. An alternate measurement may only be submitted once in any 12 month period and shall comply with the following: (A) the owner/operator shall assure that the following are included when developing a methodology for calculating an alternate braking force for a given escort tug: 1. the alternate measurement is conducted from a starting speed of 10 knots for zones 1 and 2, and 8 knots for zone 4 and 6; 2. the escort tug is not required to exceed the limits of its ability to generate the forces, and in no instance submerges the deck edge to achieve the alternate measurement; 3. the escort tug operates all its equipment at or below the manufacturer's recommended guidelines for the safe working load of the tug; 4. unless demonstrated otherwise by full scale testing, all machinery shall be assumed to operate at or below performance levels published by the manufacturer; 5. any current bollard pull values registered with the Clearing House shall be utilized where appropriate in any formulas or models; 6. any known condition that would impair the escort tug's ability to perform shall be included in the calculation. (B) the measurement must be conducted by a marine architect or engineer approved by the Administrator: 1. the tug owner/operator shall submit the name of the marine architect or engineer to the Administrator for approval prior to having that individual or his/her company conduct an alternate measurement. 2. the Administrator shall approve a marine architect or engineer if that person has demonstrated the education, knowledge and experience necessary to conduct the testing and modeling of tug capabilities and braking force. (C) the alternate model and the resultant measurement shall be approved by the Administrator before the alternate model may be used to match a tanker to a tug or tugs. The Administrator shall approve the alternate model if it provides both of the following: 1. a higher force (in kips) than the simple bollard pull measurement would indicate; and 2. at least the same level of protection as the braking forces established in the default matrix. (D) after an alternate model is approved, the Administrator shall provide the Clearing House with the new braking force measurement for the subject tug(s). The new measurements shall be used with the Default Matrix established in this section. (2) Alternate Compliance Model for Tankers: Tanker owner/operators may develop a model for the vessels in their fleet relative to the steering and braking demands of the vessels, and the braking capabilities of tugs. The steering and braking demands established by the alternate model may be used instead of the Default Matrix to match escort tugs to the tankers. An alternate compliance model may only be submitted once in any 12-month period and shall comply with the following: (A) the measurement must be conducted by a marine architect or engineer approved by the Administrator. The tanker owner/operator shall submit the name of the marine architect or engineer to the Administrator for approval prior to having that individual or his/her company conduct an alternate model: 1. the Administrator shall approve a marine architect or engineer if that person has demonstrated the education, knowledge and experience necessary to conduct the testing and modeling of tug capabilities and braking force. (B) the alternate model and the resultant measurements shall be approved by the Administrator before the alternate model may be used to match a tanker to a tug or tugs. The Administrator shall approve the alternate model if the following conditions are met: 1. under the alternate model the tanker can complete a safe transit, staying within the 95th percentile of constraint as established in "The San Francisco Bay Tanker Escort Study," dated 7/95, prepared by Glosten Associates; and 2. the alternate model provides at least the same level of protection as the braking forces established in the Default Matrix, and can be achieved using no more than three tugs as required in subsection 851.9(d). (C) After an alternate model is approved, the Administrator shall provide the Clearing House with the tanker in kips which corresponds to the tanker's displacement and speed under the approved alternate model. (c) The Administrator may allow deviations from compliance for the matching of tugs to laden tankers when these vessels make short transits from the berth to berth within a zone and are assisted by docking tugs and transiting at speeds less than 8 knots. (1) The tanker master or owner/operator shall make a request for such deviations to the Administrator through the Clearing House at least 24 hours prior to the desired shift. (2) The Administrator shall approve or deny the deviation request by verbally notifying the Clearing House within 12 hours of the request. A written confirmation shall follow within 24 hours. (d) Maximum number of tugs to be used during an escorted transit: (1) the tanker must be accompanied by a sufficient number, but no more than three tugs to provide the braking forces specified in this section; (e) Speed limits for tankers are as follows: (1) tankers that use the Default Matrix as provided in this section shall not proceed at a speed in excess of 10 knots through the water in Zones 1, 2, 3 and 5, nor more than 8 knots through the water in Zones 4 and 6, with the following qualifications: (A) the speed or speeds selected by the tanker for the transit must permit stationing the escort tug(s) to allow the tug(s) to effectively influence the tanker's movement in the event of a casualty; (B) the tanker shall proceed at a safe speed. The determination of a safe speed shall include, but not be limited to: 1. environmental factors such as the depth of the water, visibility, wind conditions, and the speed of the tidal currents; and 2. proximity of other vessel traffic and any other vessels at anchor. (C) Tankers shall in any case have their engines ready for immediate maneuver and shall not operate in any control modes or with fuels that prevent an immediate response to an engine order. (2) tank vessels may be exempt from the speed limits specified in subsection 851.9(e)(1) if they establish and use an approved alternate compliance model for determining the steering and braking demands of their vessels, as provided in this section. In such cases, the speed limit will be that used to establish the alternate compliance model, and must be specified in the Escort Plan, or on the Checklist. (f) Crew requirements: (2) the tanker shall comply with all applicable federal regulations relating to anchor readiness; (3) tankers shall have sufficient and qualified supervisors to provide direct supervision of line-handling crew operations. Supervisors shall have direct radio communication capability with the bridge of the tanker. (g) Equipment requirements: (1) each tanker shall have deck chocks and bitts that are of sufficient size, strength, and number to accommodate the anticipated braking force of the escort tug(s); (2) the tanker owner/operator shall indicate the location and strength of the bitts and chocks in the Escort Plan for each vessel. Note: Authority cited: Sections 8670.17.2(a) and 8670.23.1(d), Government Code. Reference: Section 8670.23.1(e)(1), Government Code. s 851.9.1. Barge and Tug Matching Criteria, and Barge Crew and Equipment Requirements. (a) A barge must be accompanied by a sufficient number, but no more than three tugs to provide the braking force specified in this section: (1) the line-haul tug which provides the power to push or tow a barge shall not become an escort tug during the course of a transit unless the line-haul tug has been relieved of its duties as the primary towing vessel, and replaced with another tug that serves as primary towing vessel, (2) any line-haul tug that does become the escort tug after being relieved of all line-haul duties, must meet all the requirements for escort tugs as specified in this subchapter. (b) The tug or tugs used to escort a barge must be able to provide sufficient braking force to stop the barge, measured as follows: (1) the braking force shall be measured as the escort tug's astern static bollard pull; (2) the escort tug shall have total astern static bollard pull in pounds equal to, not less than, the barge's deadweight tonnage; (c) A barge shall not exceed 8 knots through the water during an escorted transit. (d) Crew Requirements: (1) A barge shall have sufficient and qualified line-handling-capable deck hands onboard the barge, standing by and available to receive lines from each escort tug; (A) the deck hands for the barge shall be made available from the line-haul tug; (B) in the interest of crew safety, when entering or leaving Zone 2 bound to or from the sea (Golden Gate Bridge), crew transfers to or from the barge may be made in the vicinity of Alcatraz Island; (C) when a barge is fitted with an emergency tow wire, or comparable mechanical device of sufficient strength and handling characteristics to control the barge, or the escort tug is made fast to the barge, deck hands shall not be required on board the barge. (2) Barges shall have sufficient and qualified supervisors to provide direct supervision of line-handling crew operations. Supervisors shall have direct radio communication capability with the bridge of the tug that is towing the barge. (e) Equipment requirements: (1) each barge shall have deck chocks and bitts that are of sufficient size, strength and number to accommodate the anticipated braking force of the escort tug(s); (2) the barge owner/operator shall indicate the location and strength of the bitts and chocks in the Escort Plan for each vessel or on the Checklist for each transit. Note: Authority cited: Sections 8670.17.2(a) and 8670.23.1(d), Government Code. Reference: Section 8670.23.1(e)(1), Government Code. s 851.10. Penalties. Any person who knowingly, intentionally or negligently violates any provision of this subchapter shall be subject to criminal, civil, and/or administrative civil actions as prescribed in Article 9, Government Code, beginning with Section 8670.57. Note: Authority cited: Sections 8670.17.2(a) and 8670.23.1, Government Code. Reference: Sections 8670.23.1 and 8670.57-8670.69.6, Government Code. s 851.10.1. Requests for Redetermination. The owner/operator of a tank vessel or an escort tug may request redetermination of an action taken relative to an inadequacy decision or conditional approval of an Escort Plan or Checklist, denial or revocation of approval of an educational program, or application for use of an alternative compliance model. A request for redetermination must be submitted in writing and shall be processed as follows: (a) the request must be submitted to the Administrator within 15 calendar days from the date of the decision being disputed; (b) the request must contain the basis for the redetermination and, if available, provide evidence which rebuts the basis for the decision; (c) within 15 calendar days following the receipt of the request for redetermination, a notice shall be sent indicating that the Administrator shall adhere to the earlier decision or that the decision has been modified or rescinded. Note: Authority cited: Sections 8670.17.2(a) and 8670.23.1, Government Code. Reference: Sections 8670.23.1 and 8670.57-8670.69.6, Government Code. s 851.20. Purpose and Scope. This subchapter sets forth tank vessel escort requirements for tank vessels underway in the Los Angeles/Long Beach Harbor and their approaches. These requirements specify that tank vessels carrying 5,000 or more long tons of oil in bulk as cargo shall be escorted by a suitable escort tug or tugs. When required, the escort tug(s) shall take action under the direction of the tank vessel master or pilot, to influence the speed and direction of travel of the tank vessels in the event of a casualty, steering or propulsion failure, thereby reducing the possibility of groundings or collisions and the risk of an oil spill from these tank vessels. This subchapter establishes the criteria for matching tugs to tankers and barges. Tankers will be matched according to a matrix that correlates a tanker's displacement with the braking force of a tug(s). Barges less than 20,000 displacement tons shall be matched based on the aggregate displacement tonnage of both the primary towing vessel and the tank barge. Barges with a displacement tonnage greater than 20,000 require a tethered escort and a one-to-one correlation between the sum of the total displacement tonnage of the primary towing vessel and its barge, and the escort tug(s). The Administrator shall review the matching criteria, other program elements and enforcement mechanisms within three years of August 15, 2001. The program review will include a survey of the tank vessel-related incidents in U.S. waters to determine the type of failures that have occurred, an assessment of tug technology and any advances made in design and power, and the tug escort-related rules and policies that are implemented by other coastal states and maritime organizations, and any changes to bathymetry in the Harbor. At the conclusion of the review, the Administrator will determine whether it is necessary to modify the tug/tank vessel matching criteria or any other provision of the program requirements. Note: Authority cited: Sections 8670.17.2 and 8670.23.1, Government Code. Reference: Section 8670.17.2, Government Code. s 851.21. Definitions. Definitions governing the construction of this subchapter can be found in Government Code Section 8670.3, and Chapter 1 of this subdivision. Note: Authority cited: Sections 8670.3, 8670.17.2 and 8670.23.1, Government Code. Reference: Section 8670.17.2, Government Code. s 851.22. Applicability. (a) This subchapter shall apply to all laden tank vessels when they are: (1) Inbound from the seaward limits of the pilot operating areas to anywhere inside the Federal Breakwater; (2) transiting anywhere inside the Federal Breakwater (from dock to anchor, anchor to dock and shifting between docks); and/or (3) outbound from dock or anchor to the Federal Breakwater. (b) This subchapter shall apply to all escort tugs being used to escort tank vessels during transits described in subsection (a), above. (c) This subchapter (except for this Subsection (c)) shall not apply to tankers with double hulls, as that term is defined in 33 CFR 157.03, when the tanker also has fully redundant steering and propulsion systems; as well as integrated navigation systems to minimally include: (1) Redundant propulsion and steering systems: (A) two independent propellers each with a dedicated engine (or motor), propulsion system (electrical generation system) electrical system (including the switchboard), fuel system, lube oil system; and any other system required to provide the vessel with independent means of propulsion; and (B) two independent rudders each with separate steering systems; and (C) the propulsion and steering components, as described in subsections (A) and (B), above, shall be arranged in separate spaces, such that a fire or flood in one space will not affect the equivalent system in other space(s); (D) a bow thruster with an assigned power source. (2) A navigation system in compliance with the federal navigational equipment requirements set forth in 33 CFR Sections 164.35, 164.37, 164.38(b), 164.40, 164.41, 164.42, and 164.43. (3) No exemption to this subchapter shall be allowed for a tanker requesting a U.S. Coast Guard Captain of the Port letter of deviation, pursuant to 33 CFR Sections 164.51, 164.53, and 164.55. (4) The Administrator may require tankers that are exempt from this subchapter under the conditions outlined in Subsection (c) above to periodically demonstrate the tanker and crew's ability to maneuver in response to a partial or total loss of propulsion and/or steering at a level of safety at least equal to that of an escorted tanker. (d) This subchapter shall not apply to purely dedicated response vessels. (e) Consistent with Section 851.26(e) of this subchapter, nothing in these regulations shall prohibit the master or pilot from taking any action necessary to avoid: (1) a collision or grounding; and/or (2) damage to the tank vessel or escort tug and/or its crew and/or cargo. (f) The requirements outlined in this section are in addition to, and not a limitation of, any other responsibility created by custom, law, or regulation. The tank vessel master remains responsible for the safe navigation and maneuvering of the tank vessel in all circumstances. Note: Authority cited: Sections 8670.17.2 and 8670.23.1, Government Code. Reference: Section 8670.17.2, Government Code; 33 USC 2002(b) and 2007; and 33 CFR 157.03. s 851.23. Requirements for Escort Tugs; Bollard Pull Testing and Certification, Equipment Requirements, Crew and Training Standards. (a) Bollard Pull Testing Requirements. (1) All escort tugs in the Los Angeles/Long Beach Harbor used for escorting tank vessels, shall have their static bollard pull (ahead and astern) measured for determining their forces in kips. (2) Static bollard pull measurements shall be verified by a member of IACS, and in accordance with the following standards: (A) The measurement shall be taken with the escort tug's trim and/or displacement corresponding to applicable loadline requirements or letter of stability. (B) Auxiliary equipment (such as pumps and generators) which is driven from the main engine(s) or propeller shaft(s) in normal operation of the escort tug shall be connected during the measurement process. (C) All bollard pull measurements shall be derived solely on the basis of the escort tug's capabilities. No outside assistance shall be allowed. (D) The propeller(s) blades fitted during the measurement shall be the same as those used when the escort tug is in normal operation. (E) Water depth shall be a minimum of 45 feet (not underwater clearance). (F) Water current shall not exceed 1.0 knot. (G) Wind velocity shall not exceed 10 knots. 1. Measurements of water current and wind velocity shall be provided to the classification society surveyor by the escort tug owner's representative. (H) Towline length shall be a minimum of 300 feet. (I) The strain cell used for the measurements shall have been calibrated within the past 12 months. The classification surveyor shall verify this fact. The accuracy of the strain cell shall be +/-2% within a temperature range of -40 << degrees>> and 104 <> F. (J) Instruments providing both a continuous read-out and the bollard pull graphically as a function of the time, shall be connected to the strain cell. (K) The surveyor for the classification society shall: 1. be aboard the escort tug during the measurement process to verify that the bollard pull report is correct; 2. determine the escort tug's static bollard pull capacity by averaging the forces recorded (without any significant tendency of decline) for a period of at least 15 minutes while maintaining a fixed reading with the engine(s) operating at the manufacturer's recommended continuous output; 3. sign the completed "BOLLARD PULL REPORT" of the Los Angeles/Long Beach Harbor Safety Committee; and 4. sign and issue a "BOLLARD PULL CERTIFICATE". (3) Escort tug companies shall provide the Los Angeles/Long Beach Harbor Safety Committee with the results of the static bollard pull measurements taken pursuant to the provisions of this subchapter. (4) Results of any and all static bollard pull measurements shall be inventoried and published by the Marine Exchange. (5) Escort tugs which do not have current bollard pull certifications on file with the Marine Exchange and the Harbor Safety Committee or which do not meet the requirements for alternative compliance for bollard pull measurements, cannot be used for the escort of tank vessels in the Los Angeles/Long Beach Harbor. (6) The braking force shall be re-measured after any modifications and/or repairs to the main engines, hull, shaft-drive line, or steering, that could affect bollard pull. The new measurements must be reported to the Los Angeles/Long Beach Harbor Safety Committee and on file with the Marine Exchange. (7) Any escort tug used to comply with the requirements of this subchapter shall also meet one of the following: (A) the escort tug shall have its braking force re-measured within 3 years of its last bollard pull test, or; (B) the escort tug shall submit to an Escort Tug Inspection Program, as follows: 1. Escort tugs 150 gross tons or greater, and classed escort tugs shall be made available for inspection by the Administrator twice in five years during their dry dock examination. The period between inspections shall not exceed three years. 2. Escort tug maintenance records shall be made available for inspection by the Administrator. 3. If dry dock examination extensions are necessary, escort tugs shall comply with the direction of the cognizant Officer in Charge, Marine Inspection, or American Bureau of Shipping principal surveyors' direction. 4. For classed escort tugs, a copy of the Class Surveyor's report confirming that the condition of the drive train (shafts, propellers, nozzles or other type drive) and main engines are in the same state as when the builder's or last bollard pull certificate was issued, shall be forwarded to the Administrator. 5. Escort tug companies shall participate and have a certificate of compliance from one of the following Management Systems: i. American Waterways Operators Responsible Carrier Program; ii. International Safety Management; iii. ISO 9000 (quality management). 6. Escort tugs of less than 150 gross tons shall be made available for inspection by the Administrator once in five years during their dry dock examination. These escort tugs shall use a certified Marine Surveyor and shall comply with subsections 2, 3, and 4, above. (C) Escort tugs that submit to the Escort Tug Inspection Program, as described above, can perform escort duties in any port in the state, if the tugs meet the requirements of the appropriate subchapter (i.e., Subchapter 1, San Francisco Bay Region; Subchapter 2, Los Angeles/Long Beach Harbor; Subchapter 3, Port Hueneme Harbor; Subchapter 4, Humboldt Bay; Subchapter 5, San Diego Harbor), of this Chapter 4 of the California Code of Regulations. (b) Equipment Requirements for Escort Tugs. All escort tugs used to escort tank vessels shall be equipped with and shall maintain in good working order: (1) primary and secondary VHF radios; and (2) fendering appropriate to absorb the impact inherent in hull-to-hull operations; and (3) power line handling equipment fore and aft to mechanically assist in the deployment and/or retrieval of tow lines. (A) Tow lines provided by tank vessels and/or escort tugs shall: 1. be maintained in sufficient number, length, condition and strength to assure effective control of the intended vessel maneuver, based on weather conditions, the tank vessel's size, and the escort tug's certified static bollard pull or alternative model forces; 2. have a certified strength of at least 1.5 times the escort tug's certified static bollard pull or the alternative model forces found in Section 851.29 of this subchapter. (c) Any escort tugs used to comply with the requirements of this subchapter shall meet crew standards as follows: (1) Federal regulations regarding hours of work apply to licensed and unlicensed crew members. According to these regulations, working hours shall include any administrative duties associated with the tug whether underway or at the dock. Hours of rest shall be in accordance with Part A, Chapter 8, Section A-VIII/1, paragraphs 1-4, of the International Convention on Standards of Training, Certification, and Watchkeeping for Seafarers, 1978, as amended in 95 (STCW) standard, which is incorporated by reference. (2) An escort tug, during escort and assist operations required by this subchapter, shall have a minimum of three crewmembers on board ready to respond at the tug master's discretion during an escort transit. At least one crewmember shall be capable of resolving mechanical difficulties aboard an escort tug in the event of an emergency. (3) The Administrator may review the equipment and crew on an escort tug to assure compliance with this subsection. (d) Training requirements for the crew of any escort tug used to comply with the requirements of this subchapter shall include, but are not limited to: (1) In addition to demonstrable skills that satisfy federal requirements (46 CFR, Section 10.464) for towing vessel licensure, the following training elements are required (with refresher training every 5 years): (A) Masters/Mates: *1. Bridge management training; *2. Radar training; 3. Navigation/boat handling training or proficiency evaluation, including Rules of the Road refresher training; 4. Company policy and procedure orientation, including review of international, federal and state requirements; *5. Marine firefighting/fire prevention; *6. Personal safety, including: i. First aid and CPR certification; ii. Confined space hazard awareness; iii. Injury prevention; iv. Cargo knowledge/hazard awareness. *7. Responsibility and authority of master including supervisory skills training; *8. Currency of knowledge, as required by federal law (46 CFR 15.812) to serve as pilot on non-self propelled tank vessels; *9. Knowledge of local geography: i. Terminal location and approaches; ii. Anchorages; iii. Tanker routes. (B) Crew members, other than masters/mates: 1. Deck equipment operations and safety training; 2. Company policy and procedure orientation, which shall include a review of applicable international, federal and state requirements; *3. Vessel firefighting/fire prevention; *4. Personal safety, including: i. First aid and CPR certification; ii. Confined space hazard awareness; iii. Injury prevention; iv. Lock-out/tag-out procedure. 5. Marine diesel operations training, including engine room equipment and alarms. In addition to the subjects listed above within this Subsection (B) crew members, other than masters and mates, shall demonstrate their ability to operate the vessel in place of the master/mate in an emergency situation, when the master/mate is unable for any reason to operate in his/her capacity. (C) All crew members: 1. Employee orientation, including: i. Drug and alcohol policy; ii. Safety as a condition of employment; iii. Vessel layout/deck operations; iv. Required safety gear; v. Job responsibilities. *2. Emergency procedures orientation: i. Fire; ii. Collision/allision; iii. Sinking; iv. Grounding; v. Man overboard; vi. Personal injury; vii. Oil spill reporting. 3. Knowledge and use of tug escorts: i. How to use an escort tug to reduce the risk of grounding or collision of an escorted vessel; ii. The roles of the tug (as servant of the vessel) and the pilot during escorts; iii. The primacy of safety of life and the escort tug; 4. Capabilities and performance limitations of the escort tug, including but not limited to: i. Handling and performance characteristics of escort tugs (e.g., stability, hydrodynamics, tripping, etc.); ii. Propulsion type; iii. Force capabilities; iv. Line and connection system integrity; v. Navigation systems. (2) Training required as a condition of U.S. Coast Guard licensure (e.g., firefighting) may be used to satisfy the training specifications listed in Subsection (d)(1) above, as appropriate. (3) Compliance with the crew training and qualification requirements listed in Subsection (d)(1) above shall be verified as follows: (A) Companies that comply with the International Convention on Standards of Training, Certification, and Watchkeeping for Seafarers (STCW) certification and have a Safety Management System (SMS) in place shall provide internal audit reports and STCW training certificates to the Administrator upon request; or (B) Companies that are not STCW certified, but which have a SMS in place shall request approval from the Administrator by providing all of the following: 1. Details of their training program; and 2. Certified audit reports; and 3. Demonstration of proficiency of the crew in the training elements prior to approval when deemed necessary by the Administrator. __________ *Federal requirements Note: Authority cited: Sections 8670.17.2 and 8670.23.1, Government Code. Reference: Sections 8670.17.2 and 8670.23.1, Government Code. s 851.24. Pre-Escort Conference. (a) Prior to commencing an escorted transit, the tank vessel master/pilot shall: (1) contact the escort tug master, mate or officer in charge of the watch, to confirm the number and position of the escort tug(s); and (2) establish the radio frequency to be used for communications; and (3) establish the anticipated direction of movement and destination of the tank vessel; and (4) communicate any other pertinent information that the master/pilot and escort tug master, mate or officer in charge of the watch deem necessary to facilitate operations in the case of an unplanned event. Note: Authority cited: Sections 8670.17.2 and 8670.23.1, Government Code. Reference: Section 8670.17.2, Government Code. s 851.25. Speed Limits for Tankers. (a) Tankers transiting between the seaward limits of the pilot operating areas and anywhere inside the Federal Breakwater shall restrict their speed as follows: (1) eight (8) knots for vessels 60,000 displacement tons and less; (2) six (6) knots for vessels exceeding 60,000 displacement tons. (b) The maximum speed limits contained in subsections (a)(1) and (a)(2) reflect favorable circumstances and conditions and shall be adjusted for safety based on weather and tidal conditions and the proximity of other vessel traffic. Note: Authority cited: Sections 8670.17.2 and 8670.23.1, Government Code. Reference: Section 8670.17.2, Government Code. s 851.26. General Escort Tug Requirements for Tankers. (a) The force requirements contained in this subchapter reflect favorable circumstances and conditions. The tanker master/pilot shall arrange for additional escort tug(s) should adverse weather conditions, unusual port congestion, the contemplated movement of the vessel or other conditions or circumstances so require. (b) The master/pilot of inbound tankers shall confirm by VHF contact with the required escort tugs(s), that the tug(s) is/are stationed at the appropriate seabouy prior to the tankers reaching the seaward limit of the pilot operating area. (c) Tanker Crew Requirements. (1) a tanker shall have: (A) sufficient and qualified line handling capable crew members standing by and available to immediately receive lines from each escort tug. The crew shall not be assigned duties that would interfere with their ability to immediately respond to an emergency situation; (B) its anchors ready for letting go prior to entering the pilot operating areas (inbound tankers only); (C) sufficient and qualified supervisors to provide direct supervision of line handling crew operations for tankers. Supervisors shall have direct radio communication capability with the bridge of the tanker. (d) Tanker Equipment Requirements: (1) each tanker shall have appropriate and suitably maintained bitts and chocks that are of sufficient size, strength, and number to accommodate the anticipated forces of the escort tug(s); (2) the tanker owner/operator shall indicate the location of the appropriate bitts and chocks, as well as the safe working loads, on the ship's general arrangement plan for each tanker. This information shall also be communicated to the pilot during the pre-escort conference required by Section 851.24 of this subchapter. (e) Notwithstanding any other provision of this subchapter: (1) any additional requirements for tug escort as deemed necessary by the U.S. Coast Guard shall supersede the requirements of this subchapter; (2) During a nonemergency situation the master/pilot, may only adjust the minimum escort requirements contained in this subchapter with the concurrence of the Coast Guard Captain of the Port. Note: Authority cited: Sections 8670.17.2 and 8670.23.1, Government Code. Reference: Section 8670.17.2, Government Code. s 851.27. Tanker and Tug Matching Criteria. (a) Force Selection Matrix. The tug(s) used for the escorted vessel movements described in Section 851.22, Subsections (a) and (b), shall provide forces equivalent to those delineated in the following Force Selection Matrix. Where multiple tugs are needed to meet these requirements, the total number of escort tugs for a single tank vessel movement or transit shall not exceed two. (b) To meet the requirements of the Force Selection Matrix, tractor tugs shall be tethered, inbound and outbound. Conventional tugs may be tethered or untethered inbound, but shall be tethered outbound. Section 851.27. Force Selection Matrix Tractor Tugs Conventional Tugs Ahead Forces for Tugs Using Stern Line 2nd 2nd (Vsp) Astern Forces for Tug Tug Tugs Tanker Displacement Using Headline Ratio Ahead Ratio Astern (Asd) Forces Forces Short Short Short Long Tons Kips Tons R<>- >>- T2 c2 0 to <60,000 20 10 2.7 50 25 1.2 30 15 60,000 to <100,000 40 20 2.7 60 30 1.3 50 25 100,000 to <140,000 50 25 2.7 80 40 1.4 80 40 140,000 to <180,000 60 30 2.8 120 60 1.4 100 50 180,000 to <212,000 90 45 3.8 220 110 1.6 120 60 212,000 to <220,000 100 50 3.8 250 125 1.6 120 60 220,000 to <260,000 120 60 5.3 410 205 1.6 140 70 260,000 to <300,000 140 70 5.4 480 240 1.6 160 80 300,000 to <340,000 170 85 5.6 590 295 1.6 190 95 (c) the above force requirements can be met by employing either: (1) a single tractor tug, in which case the required force is set forth in the tractor tug column in the matrix above; or (2) a single conventional tug, in which case the tug must meet both the required forces set forth in the conventional tug ahead and astern columns in the matrix above. (d) accurate tug-to-tanker matching calculations for two tugs to meet the force requirements set forth in the above matrix, may be derived by using either: (1) two conventional tugs; or (2) a combination of two tugs, which may be employed, as follows: (A) When using one tractor and one conventional tug the combined tug forces shall be calculated by subtracting the tractor tug's force measurement from the required force amount set forth in the tractor tug column in the matrix above, and multiplying the balance by the ratio (R<>T2) provided for the second tug in that tank vessel displacement category. The resulting force amount must be met by the conventional tug using its ahead force measurement. E.g., force ahead of second tug >= (force required from tractor tug column - force tractor) x R<>T2. I.e., force required from tractor tug column<= force tractor + (force ahead of second tug / R<>T2). The conventional tug must also meet an astern force amount that shall be calculated by subtracting the tractor tug's force measurement from the required force amount set forth in the tractor tug column in the matrix above and multiplying the balance by 1.0. E.g., force astern second tug += (force required from tractor tug column - force tractor) x 1. i.e., force required from tractor tug column <= force tractor + force astern conventional. (B) When using two tractor tugs, the second tractor tug's force requirement shall be determined in the same way as for a second conventional tug. Example: a 180,000 displacement tanker requires a 90 kip tractor tug to meet the minimum escort standards of this subchapter. In a situation where a 70-kip tractor tug is available, one additional tug could be used to fulfill the remaining 20 kip requirement by multiplying this balance by the ratio (R<> t2) for this category. Thus, the ahead force and the astern force of the second tug must be: Ahead force for the second tug (90-70)= 20 x 3.8 = 76 (kips). Astern force for the second tug (90-70)= 20 x 1 = 20 (kips). (C) When using two conventional tugs, the combined tug forces shall be calculated by subtracting the force measurement of the tug working at the transom from the required conventional tug ahead force amount set forth in the conventional tug ahead force column in the matrix above, and multiplying the balance by the ratio provided for the second tug, (R<>c2) in that tank vessel displacement category. The resulting force amount must be met by the second conventional tug using its ahead force measurement. E.g., force ahead of second tug => (ahead force required from conventional tug column - force ahead of first conventional tug) x R<>c2. I.e., ahead force required from conventional tug column =< force ahead of first conventional tug + (force ahead of second tug / R<>c2). The second conventional tug must also meet an astern force amount that shall be calculated by subtracting the first tug's astern force measurement from the required force amount set forth in the conventional tug astern force column in the matrix above, and multiplying the balance by 1.0. E.g., force astern of second tug => astern force required from conventional tug column - force astern of first conventional tug. I.e., astern force required from conventional tug column<= force astern of first conventional tug + force astern of second tug. Example: a 180,000 displacement tanker requires a 220 kip ahead force and 120- kip astern force conventional tug to met the minimum escort standards of this subchapter. In a situation where a 150-kip ahead force with 100-kip astern force conventional tug is available, one additional tug could be used to fulfill the remaining force requirements (second tugs forces x R<>c2). Thus, the ahead force and the astern force of the second tug must be: Ahead force for the second tug = (220-150) x 1.6 = 112 (kips) Astern force for the second tug = (120-100) x 1 = 20 (kips) Note: Authority cited: Sections 8670.17.2 and 8670.23.1, Government Code. Reference: Section 8670.17.2, Government Code. s 851.27.1. Tank Barge and Tug Matching Criteria, Tethering, Stationing and Equipment Requirements. (a) The tug(s) used to escort a tank barge must be able to provide sufficient braking force to stop the tank barge. (1) The braking force shall be measured either as: (A) the escort tug's ahead static bollard for tractor tugs using stern lines (VSP); or (B) astern static bollard pull for tractor tugs using headlines (ASD); or (C) astern static bollard pull for conventional tugs; (2) At the appropriate seabouy: (A) Tethered escort tug(s) are required for all tank barges and their primary towing vessels whose aggregate displacement tonnage exceeds 20,000; (B) The escort tug(s) shall have the minimum individual or aggregate braking force, when tethered or untethered, as specified in Subsection (3) A. and B. below: (3) Total Displacement Tonnage of Minimum Required Escort Tug(s) Static the Tank Barge and the Bollard Pull in Short Tons Primary Towing Tug Tethered Escort Untethered Tug(s) Escort Tug(s) A. 0 to 20,000 displacements 10 short tons 15 short tons Tethered Escort Tug(s) B. >20,000 displacement tons A total astern static bollard pull (in pounds) equal to or greater than the sum of both the primary towing tug's and barge's total displacement tonnage. (E.g., where the total towing tug and tank barge displacement is 25,000 displacement tons, the escort tug(s)' astern static bollard pull shall be at least 25,000 pounds or 12.5 short tons.) (4) A tank barge must be accompanied by a sufficient number, but no more than two tugs to provide the braking force specified in this section. (5) The towing tug which provides the power to push or tow a tank barge shall not become an escort tug during the course of a transit unless the towing tug has been relieved of its duties as the primary towing vessel, and replaced with another tug that serves as the primary towing vessel. Any towing tug that does become the escort tug after being relieved of all towing duties must meet all the requirements for escort tugs as specified in this subchapter. (6) The primary towing vessels for tank barges transiting between the seaward limits of the pilot operating areas and anywhere inside the Federal Breakwater shall restrict their speed to four (4) knots. (b) Stationing Requirements. (1) The primary towing tug master or mate shall confirm by VHF contact with the required escort tug(s), that the tug(s) is/are stationed at the appropriate seabouy prior to the tank barge reaching the seaward limit of the pilot operating area. (c) Equipment Requirements. (1) Each tank barge shall have deck chocks and bitts that are of sufficient size, strength and number to accommodate the anticipated forces of the escort tug(s) as stated in subsection (a)(3) above; (2) The tank barge owner/operator shall illustrate the location of the bitts and chocks, and any other locations on the hull, which are capable of withstanding the forces exerted by the escort tug(s), within documentation kept on file with the Marine Exchange, and onboard the towing tug. Note: Authority cited: Sections 8670.17.2(a) and 8670.23.1(d), Government Code. Reference: Section 8670.17.2, Government Code. s 851.28. General Requirements for Tank Vessels. (a) All laden, inbound tank vessels engaged in movements described in Section 851.22, Subsections (a) and (b), shall: (1) comply with the escort requirements specified in Section 851.27, or its alternatives found in Section 851.29; and (2) report their displacement upon arrival and departure to the Vessel Traffic Information Service/Marine Exchange; and (3) either through the tank vessel owner/operator or the agent acting on their behalf, provide the accurate displacement of the tank vessel when ordering tug escort services from the tug provider(s); and (4) be met by the required escort tug at the seaward limit of the pilot operating areas; and (5) not proceed closer than two nautical miles from the Federal Breakwater entrance unless the required escort tug is in position at the seaward limit of the pilot operating areas. Note: Authority cited: Sections 8670.17.2 and 8670.23.1, Government Code. Reference: Section 8670.17.2, Government Code. s 851.29. Alternative to Section 851.27 Requirements for Matching Escort Tugs to Tank Vessels. (a) Measurement methodologies other than those used to establish the requirements in Section 851.27 may be used instead of, or in addition to, that section as follows: (1) Escort tug operators may propose an alternative method for measuring the forces of any escort tug (in kips) than the static bollard pull measurement indicates. An alternative measurement may be submitted only once in any 12 month period and shall comply with the following: (A) the owner/operator shall assure that the following are included when developing a methodology for calculating alternate forces for a given escort tug: 1. The alternate measurement is conducted from a starting speed of five (5) knots; 2. the escort tug is not required to exceed the limits of its ability to generate the forces, and in no instance submerges the deck edge to achieve the alternate measurement; 3. the escort tug operates all its equipment at or below the manufacturer's recommended guidelines for its safe working load; 4. unless demonstrated otherwise by full scale testing, all machinery shall be assumed to operate at or below performance levels published by the manufacturer; 5. any current bollard pull values registered with the Marine Exchange shall be utilized where appropriate in any formulas or models; 6. any known condition that would impair the escort tug's ability to perform shall be included in the calculation. (B) the measurement must be conducted by a naval architect or licensed marine engineer approved by the Administrator: 1. the escort tug operator shall submit the name of the naval architect or licensed marine engineer to the Administrator for approval prior to having that individual or his/her company conduct an alternate measurement. 2. the Administrator shall approve a naval architect or licensed marine engineer if that person has demonstrated the education, knowledge and experience necessary to conduct the testing and modeling of escort tug capabilities and forces. (C) The alternate model and the resultant measurements shall be approved by the Administrator before the alternate model may be used to match a tanker to an escort tug or tugs. The Administrator shall approve the alternate model if it provides both of the following: 1. A higher force (in kips) than the static bollard pull measurement indicates; and 2. at least the same level of protection as the forces required by Section 851.27. (D) After an alternate model is approved, the Administrator shall provide the Los Angeles/Long Beach Harbor Safety Committee with a list of the escort tug combinations which correspond to the tank vessel displacements and speeds under the approved alternate methodology. (2) Tanker operators may develop a model for the vessels in their fleet relative to the steering and braking demands of the vessels. The steering and braking demands established by the alternate model may be used to match escort tugs to tankers in lieu of those specified in Section 851.27. An alternate compliance model may be submitted only once in any 12 month period and shall comply with the following: (A) The measurement must be conducted by a naval architect or licensed marine engineer approved by the Administrator. 1. The tanker operator shall submit the name of the marine architect or licensed marine engineer to the Administrator for approval prior to having that individual or his/her company conduct an alternate model. 2. the Administrator shall approve a naval architect or licensed marine engineer if that person has demonstrated the education, knowledge and experience necessary to conduct the testing and modeling of escort tug capabilities and forces. (B) The alternate model and the resultant measurements shall be approved by the Administrator before the alternate model may be used to match a tank vessel to an escort tug or tugs. The Administrator shall approve the alternate model if: 1. It provides at least the same level of protection as the forces established in Section 851.27; and 2. can be achieved using no more than two escort tugs as required by this subchapter. (C) After an alternate model is approved, the Administrator shall provide the Marine Exchange and the Los Angeles/Long Beach Harbor Safety Committee with the tank vessel demand in kips which corresponds to the tanker's displacement and speed under the approved alternate model. Note: Authority cited: Sections 8670.17.2 and 8670.23.1, Government Code. Reference: Section 8670.17.2, Government Code. s 851.30. Reporting. Anyone may report violations of the provisions of this subchapter to: (a) the Office of Spill Prevention and Response; or (b) The United States Coast Guard Captain of the Port. Note: Authority cited: Sections 8670.17.2 and 8670.23.1, Government Code. Reference: Section 8670.17.2, Government Code. s 851.31. Compliance Monitoring and Notification. Compliance monitoring of these regulations shall be accomplished by the procedures specified in either subsection (a) or (b), below: (a) The development of a compliance monitoring program(s) or process(es) designed by the Port of Los Angeles and the Port of Long Beach (Ports), or their designees. (1) The program(s) or process(es) shall specify how the Ports will provide the Administrator, or his designee, with notification of a violation(s) to the regulations; and or (2) that the vessel, under normal, not exigent circumstances, is to be detained until the requirements of this subchapter have been fully met. (A) The program and/or process shall be submitted to the Administrator for his/her review and approval no later than 120 days from the effective date of this regulation. (B) The Administrator shall have 60 days within which to review and either approve, conditionally approve or disapprove the Ports' submittal. Upon termination of this time line the Administrator shall: 1. Fully approve the proposed program and/or process provided by the Ports and provide written confirmation of this approval. 2. Conditionally approve the proposal(s). The Administrator shall provide a written explanation for the conditional approval and state the objectional items contained in the proposal. The Ports shall be given 30 days from the date of their receipt of the Administrator's explanation, to resubmit a proposal which will either excise or mitigate, with an explanation, the Administrator's objections. The Administrator shall have 30 days from the date of receipt of the Ports' amended proposal, and shall either fully approve or fully disapprove this document. 3. Disapprove the Ports' proposals. (b) If either of the Ports' program(s) and/or process(es) is/are disapproved, or if either of the ports fail to submit a program, the Administrator shall implement the compliance monitoring provisions of this subchapter by the adoption of further regulations. These regulations may include the establishment of a Clearing House function within the Marine Exchange or through any other legal means deemed appropriate by the Administrator. Note: Authority cited: Sections 8670.17.2 and 8670.23.1, Government Code. Reference: Sections 8670.17.2 and 8670.67(b), Government Code. s 851.32. Remedies. (a) Nothing herein shall limit or prevent any action by any party in a court of competent jurisdiction. (b) Any person who knowingly, intentionally or negligently violates any provision of this subchapter shall be subject to criminal, civil, and/or an administrative civil penalty as prescribed in Article 9 of the Government Code beginning with Section 8670.57. Note: Authority cited: Sections 8670.17.2 and 8670.23.1, Government Code. Reference: Sections 8670.17.2 and 8670.67(b), Government Code. s 851.50. Purpose and Scope. The regulations in this subchapter set forth tank vessel escort requirements for Port Hueneme. These requirements specify the number of tugs required for escort service. The escort tugs will be available to influence the speed and direction of travel of a tank vessel in the event of a steering or propulsion failure, thereby reducing the possibility of a grounding or collision and the risk of an oil spill from these tank vessels. The Administrator shall periodically review the elements of the tank vessel escort program. The program review will include a survey of the tanker-related incidents in U.S. waters to determine the types of failures that have occurred, an assessment of tug technology and any advances made in design and power, and the related tug-escort rules and policies that are implemented by other coastal states and maritime organizations. At the conclusion of the review, the Administrator will determine whether it is necessary to modify any provision of the program requirements. Note: Authority cited: Sections 8670.17.2 and 8670.23.1, Government Code. Reference: Section 8670.17.2, Government Code. s 851.51. Definitions. In addition to the definitions found in Government Code Section 8670.3 and Chapter 1, Section 790 of this Subdivision, the following definitions shall apply to this subchapter. Where similar terms are defined, the following will supersede the definition in Government Code Section 8670.3 and Chapter 1: (a) "Escort" means maintaining a position in the vicinity of the tank vessel, based on existing conditions, which will enable a tug to provide timely and effective response to prevent a vessel casualty. (b) "Master" means the licensed master of the tanker. (c) "Operator" means the operator of an uninspected towing vessel licensed under federal statutes and/or regulations to engage in the towing of a barge. Note: Authority cited: Sections 8670.17.2 and 8670.23.1, Government Code. Reference: Sections 8670.3 and 8670.17.2, Government Code. s 851.51.1. Requirements for Escort Tugs. (a) A tug may be used for escort services if authorized by the Oxnard Harbor District and/or the U.S. Navy for use in Port Hueneme. (b) Tugs used for escort services must be equipped with at least 500 horsepower. (c) The braking force shall be re-measured after any modifications and/or repairs to the main engines, hull, shaft-drive line, or steering, that could affect the bollard pull. The new measurements must be registered with the Oxnard Harbor District. (d) Escort tugs that submit to the Escort Tug Inspection Program, as described in Sections 851.8(a)(4)(B) and 851.23(a)(7)(B), can perform escort duties in any port in the state, if the tugs meet the requirements of the appropriate subchapter (i.e., Subchapter 1, San Francisco Bay Region; Subchapter 2, Los Angeles/Long Beach Harbor; Subchapter 3, Port Hueneme Harbor; Subchapter 4, Humboldt Bay; Subchapter 5, San Diego Harbor), of this Chapter 4 of the California Code of Regulations. Note: Authority cited: Sections 8670.17.2 and 8670.23.1, Government Code. Reference: Section 8670.17.2, Government Code. s 851.52. Tug Escort for Tankers. (a) All tankers operating in Port Hueneme, whether entering, departing, shifting or berthing, shall use two escort tugs between the Pilot Boarding Area and the designated berth. For purposes of this Article, oil spill response vessels and offshore supply vessels as defined in 46 USC 2101, are not required to engage escort tugs in accordance with this subchapter. Note: Authority cited: Sections 8670.17.2 and 8670.23.1, Government Code. Reference: Section 8670.17.2, Government Code. s 851.53. Tug Escort for Barges. (a) All tank barges operating in Port Hueneme, whether entering, departing, or shifting, except as specified in subparagraph (a)(4), shall use a tug or tugs for escort, in addition to the towing vessel, based on the following criteria: (1) Tank barges of 150 feet or less: No escort tug is required unless deemed necessary by the Master or Operator as appropriate for that size vessel. (2) Tank barges greater than 150 feet, but less than or equal to 250 feet: One escort tug is required; the horsepower of the tug shall be appropriate for that size vessel as deemed necessary by the Master or Operator as appropriate for that size vessel. (3) Tank barges greater than 250 feet: At least one escort tug is required; the horsepower of the tug shall be 1500 horsepower or greater. Additional tugs shall be used as deemed necessary by the Master or Operator as appropriate for that size vessel. (4) Empty tank barges operating in Port Hueneme shall have a tug escort on a case-by-case basis as deemed necessary by the Master or Operator as appropriate for that size vessel. (b) In accordance with Section 851.53(a), tank barges entering or departing Port Hueneme shall be escorted by a tug or tugs between the Pilot Boarding Area and the designated berth. For purposes of this Article, oil spill response vessels and offshore supply vessels as defined in 46 USC 2101, are not required to engage escort tugs in accordance with this subchapter. Note: Authority cited: Sections 8670.17.2 and 8670.23.1, Government Code. Reference: Section 8670.17.2, Government Code. s 851.54. Remedies. (a) Nothing herein shall limit or prevent any action by any party in a court of competent jurisdiction. (b) Any person who knowingly, intentionally or negligently violates any provision of this Subchapter shall be subject to criminal, civil, and/or administrative civil actions as prescribed in Article 9, beginning with Government Code Section 8670.57. Note: Authority cited: Sections 8670.17.2 and 8670.23.1, Government Code. Reference: Sections 8670.17.2 and 8670.57, Government Code. s 851.80. Purpose and Scope. The regulations in this subchapter set forth tank vessel escortrequirements for tank vessels entering, shifting within, or leaving Humboldt Bay. "Humboldt Bay" encompasses those harbor boundaries which include all submerged lands of Humboldt Bay (Inner Harbor); and the open water boundary defined as the area centered on the Humboldt Bay Sea Buoy and extending radially outward for a distance of one mile then landward to the perpendicular intersection with the north and south spits. The escort tug requirements specify that tank vessels carrying as cargo a total volume of oil greater than or equal to 5,000 long tons or 5% of the vessel's deadweight tonnage, whichever is less, shall be escorted by a suitable escort tug(s). The escort tug(s) shall be used to influence the speed and direction of travel of a tank vessel in the event of a steering or propulsion failure, thereby reducing the possibility of groundings or collisions and the risk of an oil spill from these tank vessels. The Administrator shall review the tug/tank vessel matching criteria and other requirements of this subchapter within two years of the effective date of this subchapter. The review will include a survey of the tank vessel-related incidents in U.S. waters to determine the type of failures that have occurred, an assessment of tug technology and any advances made in design and power, and the escort tug-related rules and policies that are implemented by other coastal states and maritime organizations. At the conclusion of the review, the Administrator will determine whether it is necessary to modify the tug/tank vessel match criteria or any other requirements of this subchapter. Note: Authority cited: Sections 8670.17.2 and 8670.23.1, Government Code. Reference: Sections 8670.17.2 and 8670.23.1, Government Code. s 851.81. Definitions. In addition to the definitions found in Government Code Section 8670.3 and Chapter 1, Section 790 of this subdivision, the following definition shall apply to this subchapter. Where similar terms are defined, the following will supersede the definition in Chapter 1: (a) "Bona fide sister tug" means a tug which has not had its bollard pull capabilities verified by a member of the International Association of Classification Societies, but is constructed and maintained with the same hull form, engines, type of propulsion, stability, maneuverability, speed, power, and endurance of a tested and certified escort tug. Note: Authority cited: Sections 8670.17.2 and 8670.23.1, Government Code. Reference: Sections 8670.17.2 and 8670.23.1, Government Code. s 851.82. Escort Tug Requirements for Tank Vessels. (a) Escort tugs, alone or in combination, must have total ahead bollard pull in pounds greater than or equal to the tank vessel's deadweight tonnage. When required under this subsection and subsection 851.85(j)(2), additional escort tugs shall stand by during transit and be prepared to render assistance. (b) All tankers transiting the waters of Humboldt Bay, carrying as cargo a total volume of oil greater than or equal to 5,000 long tons or 5% of the vessel's deadweight tonnage, whichever is less, shall use a minimum of one escort tug. For purposes of this subchapter, oil spill response vessels, and offshore supply vessels as defined in 46 USC 2101, are not required to engage escort tugs in accordance with this subchapter. (c) All tank barges transiting the waters of Humboldt Bay, carrying as cargo a total volume of oil greater than or equal to 5,000 long tons or 5% of the vessel's deadweight tonnage, whichever is less, shall use at least one escort tug, in addition to the barge's line-haul tug. For purposes of this subchapter, oil spill response vessels, and offshore supply vessels as defined in 46 USC 2101, are not required to engage escort tugs in accordance with this subchapter. Note: Authority cited: Sections 8670.17.2 and 8670.23.1, Government Code. Reference: Sections 8670.17.2 and 8670.23.1, Government Code. s 851.83. Requirements for Escort Tug Crew Members. Any escort tug used to comply with the requirements of this subchapter, must meet crew standards as follows: (a) Escort tug operators shall, at a minimum, be duly licensed Operators of Uninspected Towing Vessels as set forth in Title 46, Code of Federal Regulations (CFR), Section 10.464. (b) Escort tug crews shall have a minimum of two certified deck hands. An engineer, if employed, may not be included as a deck hand. This requirement does not preclude additional deck hands who are gaining experience for certification, but such deck hands cannot be used to meet the manning requirements of this section. (c) Escort tug crews shall possess Coast Guard license(s)/document(s) appropriate for the escort tug and service. Note: Authority cited: Sections 8670.17.2 and 8670.23.1, Government Code. Reference: Sections 8670.17.2 and 8670.23.1, Government Code. s 851.84. Requirements for Escort Tugs. All escort tugs approved for use under this subchapter shall be equipped with and shall maintain in good working order: (a) Primary and secondary VHF radios; (b) 300 feet of tag line; (c) Power line-handling equipment fore and aft for rapid, mechanically assisted deployment of lines. The primary winch shall be in the position best suited for the design of the particular vessel in escort service; (d) Tow line with a "safe working load" that is 2.5 times the certified bollard pull rating of the escort tug; (e) One working radar; (f) Fendering as follows: (1) appropriate to absorb the impact inherent in hull-to-hull operations; (2) located at both the bow and stern to act as pivot points when pulling away from the tank vessel; (3) sufficient to assure that there are no exposed corners, large holes or metal parts which could inflict damage on the escorted vessel; and (4) sufficient surface area to minimize sliding when working at an angle. Note: Authority cited: Sections 8670.17.2 and 8670.23.1, Government Code. Reference: Sections 8670.17.2 and 8670.23.1, Government Code. s 851.85. Requirements During Tank Vessel Escorts. (a) Escort tugs shall maintain a station-keeping distance from the tank vessel being escorted of no further than 1,000 feet ahead or aside, or 500 feet astern of the tank vessel while engaged in the escort activity. (b) An escort tug shall not simultaneously engage in the escort of more than one tank vessel. (c) The speed or speeds selected for the transit must permit stationing the escort tug to allow the escort tug to effectively influence the tank vessel's movement in the event of a casualty. (d) A tanker shall have sufficient and qualified line-handling-capable crew members standing by and available to immediately receive lines from each escort tug. In addition, the tanker shall comply with all applicable federal regulations relating to anchor readiness. (e) The line-haul tug for a tank barge shall have sufficient and qualified line-handling-capable deck hands standing by available to receive lines from each escort tug. When the tank barge is fitted with an emergency tow wire or comparable, adequate mechanical device, or the escort tug is made fast to the tank barge, crew transfers shall not be required. (f) Tank vessels shall have sufficient and qualified direct supervision of line-handling-crew operations. Supervisors shall have direct radio communication capability with the bridge of the tank vessel or vessel towing a barge. (g) The master of any tank vessel shall maintain, at all times for which escort tug services are required, direct two way radio communications on VHF-FM with the master of the escort tug on a channel agreed to by both the master of the tank vessel and the master of the escort tug providing escort services. (h) Notwithstanding any other provision of this subchapter, all escort tugs in Humboldt Bay which meet the requirements of this subchapter for the escort of tank vessels shall have their bollard pull (ahead and astern) measured, except as provided in (i) below. (1) Bollard pull measurements shall be verified by a member of the International Association of Classification Societies. (2) Bollard pull measurements verified by a member of the International Association of Classification Societies in other ports of the State shall meet the requirements of this section, provided that evidence of the results of these measurements are on file with the Humboldt Bay Harbor District. (3) Escort tug companies shall provide the Humboldt Bay Harbor District with the results of the bollard pull measurements verified pursuant to the provisions of this subchapter. (4) Escort tugs whose bollard pull has not been measured and verified or are not within the scope of the definition of "bona fide sister tug", shall not be used for the escort of tank vessels in Humboldt Bay. (i) An escort tug determined by the master/pilot to be a "bona fide sister tug" may be used with the same (ahead and astern) bollard pull as the certified sister tug. (j) The braking force shall be re-measured after any modification and/or repairs to the main engines, hull, shaft-drive line, or steering, that could affect the bollard pull. The new measurements must be registered with the Humboldt Bay Harbor District. (k) Escort tugs that submit to the Escort Tug Inspection Program, as described in Sections 851.8(a)(4)(B) and 851.23(a)(7)(B), can perform escort duties in any port in the state, if the tugs meet the requirements of the appropriate subchapter (i.e., Subchapter 1, San Francisco Bay Region; Subchapter 2, Los Angeles/Long Beach Harbor; Subchapter 3, Port Hueneme Harbor; Subchapter 4, Humboldt Bay; Subchapter 5, San Diego Harbor), of this Chapter 4 of the California Code of Regulations. (l) Notwithstanding any other provision of this subchapter: (1) The tank vessel master remains responsible for the safe navigation and maneuvering of the tank vessel in all circumstances. The requirements outlined in this subchapter are in addition to, and not a limitation of, any other responsibilities created by custom, law, or regulation. (2) Where an emergency exists, the tank vessel master may adjust the minimum escort tug requirements contained in this subchapter. For purposes of this subchapter, an emergency is defined as any of, but is not limited to, the following: (A) imminent and immediate danger to the tank vessel, its cargo or its crew; (B) imminent and immediate danger to a marine terminal, service or escort tug; (C) imminent and immediate danger to a vessel in the proximity of the escorted vessel; or (D) any emergency declared by the United States Coast Guard Captain of the Port which would necessitate a modification to the provisions set forth in this subchapter. Note: Authority cited: Sections 8670.17.2 and 8670.23.1, Government Code. Reference: Sections 8670.17.2 and 8670.23.1, Government Code. s 851.86. Remedies. (a) Nothing herein shall limit or prevent any action by any party in a court of competent jurisdiction. (b) Any person who knowingly, intentionally or negligently violates any provision of this subchapter shall be subject to criminal, civil, and/or administrative civil actions as prescribed in Article 9, Government Code, beginning with Section 8670.57. Note: Authority cited: Sections 8670.17.2(d) and 8670.23.1(d), Government Code. Reference: Sections 8670.17.2, 8670.23.1 and 8670.57, Government Code. s 852. Purpose and Scope. The regulations in this subchapter set forth tank vessel escort requirements for the San Diego Harbor. Escort tugs shall be available to influence the speed and direction of travel of a tank vessel in the event of a casualty, or a steering or propulsion failure, thereby reducing the possibility of a grounding or collision and the risk of an oil spill. The Administrator shall periodically review the tug/tank vessel matching criteria and other requirements of this subchapter. The review will include a survey of the tank vessel-related incidents in U.S. waters to determine the type of failures that have occurred, an assessment of tug technology and any advances made in design and power, and the escort tug-related rules and policies that are implemented by other coastal states and maritime organizations. At the conclusion of the review, the Administrator will determine whether it is necessary to modify the tug/tank vessel match criteria or any other requirements of this subchapter. Note: Authority cited: Sections 8670.17.2 and 8670.23.1, Government Code. Reference: Sections 8670.17.2 and 8670.23.1, Government Code. s 852.1. Definitions. Definitions governing the construction of this subchapter can be found in Government Code Section 8670.3, and in Chapter 1, Section 790 of this Subdivision. Note: Authority cited: Sections 8670.17.2 and 8670.23.1, Government Code. Reference: Sections 8670.3, 8670.17.2 and 8670.23.1, Government Code. s 852.2. Minimum Requirements for Escort Tugs. (a) Only tugs meeting the requirements set forth in this subchapter shall be allowed to provide escort services. (b) The owner/operator of any tug offering escort services to tank vessels shall submit the tug to bollard pull testing before providing escort services. See Section 852.3 of this subchapter for testing requirements. (c) A tug must demonstrate a minimum ahead bollard pull of 10 tons to qualify for escort service. (d) In order to escort tankers over 20,000 deadweight tons, a tug must demonstrate a minimum ahead bollard pull of 18 tons. (e) The tug(s) assigned to a tank vessel shall be capable of providing a combined total ahead bollard pull of no less than 2 pounds of thrust per deadweight ton of assigned tank vessel. (f) An escort tug's primary assist lines must have a specified breaking strength not less than 1.5 times the tug's maximum bollard pull. (g) For any transit between Ballast Point and sea that requires an escort tug(s), a tank vessel shall have at least one escort tug which is adequately equipped to perform in open ocean conditions. (h) Escort tugs must have the capability to communicate with the tank vessel by primary and secondary VHF-FM radios. (i) Escort tugs shall be fendered as appropriate to absorb the impact of normal skin-to-skin operations, protecting both the tank vessel and the escort tug from metal to metal contact. To the extent possible, the fendering shall have a surface which minimizes sliding when the escort tug is working at an angle to the tank vessel. (j) Any tugs working beyond the Line of Demarcation must have crews that are certified in accordance with the International Convention on Standards of Training, Certification, and Watchkeeping for Seafarers 95 (STCW) Note: Authority cited: Sections 8670.17.2 and 8670.23.1, Government Code. Reference: Sections 8670.17.2 and 8670.23.1, Government Code. s 852.3. Testing Requirements for Escort Tugs. (a) All testing shall be conducted under the supervision of the American Bureau of Shipping (ABS) standards and practices, or other classification society recognized by the International Association of Classification Societies (IACS) at the expense of each owner/operator. Alternatively, a building certificate of bollard pull for the class will be accepted. (b) A copy of the test certificate and tug specifications are to be provided by the tug owner/operator, in writing, to the United States Coast Guard Captain of the Port and the San Diego Harbor Safety Committee before providing escort services. (1) Tug specifications shall include, but are not limited to, the following: (A) tug name; (B) tug owner/operator; (C) tug length; (D) for tractor tugs, bollard pull ahead; (E) for conventional tugs, bollard pull ahead and astern; (F) type and configuration of the propulsion system; (G) type and configuration of the steering system; (H) type and configuration of ocean towing equipment. (c) The braking force shall be re-measured after any modification and/or repairs to the main engines, hull, shaft-drive line, or steering, that could affect the bollard pull. A copy of the bollard pull test certificate and tug specifications are to be provided by the tug owner/operator, in writing, to the United States Coast Guard Captain of the Port and the San Diego Harbor Safety Committee before providing escort services. (d) Escort tugs that submit to the Escort Tug Inspection Program, as described in Sections 851.8(a)(4)(B) and 851.23(a)(7)(B), can perform escort duties in any port in the state, if the tugs meet the requirements of the appropriate subchapter (i.e., Subchapter 1, San Francisco Bay Region; Subchapter 2, Los Angeles/Long Beach Harbor; Subchapter 3, Port Hueneme Harbor; Subchapter 4, Humboldt Bay; Subchapter 5, San Diego Harbor), of this Chapter 4 of the California Code of Regulations. Note: Authority cited: Sections 8670.17.2 and 8670.23.1, Government Code. Reference: Sections 8670.17.2 and 8670.23.1, Government Code. s 852.4. Minimum Escort Tug Requirements for Tankers. Only those tankers designed or modified to carry 5,000 long tons or more of oil or petroleum products as cargo are required to engage escort tugs in accordance with this subchapter except as provided in (i) below. (a) Each tanker shall engage escort services as follows: (1) for inbound transits prior to passing between buoys 5 and 6, escort tug(s) shall remain with the tanker until it is properly berthed or anchored; (2) for outbound transits from the berth or anchorage, escort tug(s) shall remain with the tanker until either safely at sea or after passing between buoys 5 and 6; (3) while shifting from one location to another within the harbor. (b) Before commencing an escorted transit, the pilot or master of the tankers shall initiate communications with the escort tug. During this pre-escort communication, all parties shall plan and discuss the details of the escorted transit including, but not limited to, the following: (1) the intended route; (2) the intended destination; (3) the speed of the tanker; (4) the positioning of the tug(s) relative to the tanker being escorted; (5) the manner in which an emergency connection would be made between the tug(s) and tanker; (6) radio communications, including primary and secondary frequencies; and (7) anticipated weather, tidal, and sea conditions. (c) Except as provided in (i) below, each tanker shall engage escort services as required by this subchapter whether laden or unladen. (d) Each tanker shall have a minimum of one escort tug, except as stated in (e) and (i) below. (e) All tankers over 20,000 deadweight tons shall have a minimum of two escort tugs. (f) Escort tug(s) shall maintain an optimum station-keeping position as directed by the pilot or tanker master so as to best render assistance if needed. In any case, the escort tug(s) shall stay within 1/8 mile of the tanker while providing escort services. (g) Tankers requiring escort services shall proceed at a safe speed which shall not exceed 10 knots or the speed at which their escort tug(s) can render assistance, whichever is less. Safe speed shall also take into consideration other factors, including but not limited to, depth of water, visibility, wind conditions, tidal currents, escort tug wakes, other traffic, and vessels at anchor. (h) All tugs engaging in escort services for a tanker shall have multiple main propulsion systems. (i) Exemptions: (1) Where an emergency or extraordinary circumstances exist to threaten public safety, the environment, and/or the vessel, its crew or cargo, the pilot or master of a tanker is authorized to override this section consistent with provisions of the Inland Navigational Rules Act (33 USC 2001 et seq.) for same or similar circumstances. The pilot or master shall report any such event to the U.S. Coast Guard Captain of the Port. For purposes of this section, an emergency or extraordinary circumstances shall include, but not be limited to, any of the following: (A) imminent and immediate danger to the vessel, its cargo or its crew; (B) imminent and immediate danger to a marine terminal, service or escort tug; (C) imminent and immediate danger to a vessel in the proximity of the escorted vessel; or (D) any emergency declared by the U.S. Coast Guard Captain of the Port. (2) A tanker shall not be required to engage escort services when it is carrying 5% of the vessel's deadweight tonnage, or 5,000 long tons, whichever is less, of oil or petroleum products as cargo, and is in ballast and inert or gas free. (3) This subchapter shall not apply to tankers with double hulls, as that term is defined in 33 CFR Section 157.03, when the tanker also has fully redundant steering and propulsion systems. To be considered fully redundant, a steering and propulsion system shall include at least the following: (A) two propellers with an engine dedicated to each; and (B) two rudders with separate steering motors; and (C) an operating bow thruster with a dedicated power source. Note: Authority cited: Sections 8670.17.2 and 8670.23.1, Government Code. Reference: Sections 8670.17.2 and 8670.23.1, Government Code. s 852.5. Minimum Escort Tug Requirements for Barges. Only those barges designed or modified to carry 5,000 long tons or more of oil or petroleum products as cargo, and which are laden with 5% or more of the vessel's deadweight tonnage in oil or petroleum products, shall be required to engage escort tug(s) in accordance with this subchapter. (a) Each barge shall engage escort services as follows: (1) for inbound transits prior to passing between buoys 5 and 6, escort tug(s) shall remain with the barge until it is properly berthed or anchored; (2) for outbound transits from the berth or anchorage, escort tug(s) shall remain with the barge until either safely at sea or after passing between buoys 5 and 6; (3) while shifting from one location to another within the harbor. (b) Before commencing an escorted transit, the pilot or master of the dedicated tug of a barge shall initiate communications with the escort tug. During this pre-escort communication, all parties shall plan and discuss the details of the escorted transit including, but not limited to, the following: (1) the intended route; (2) the intended destination; (3) the speed of the barge; (4) the positioning of the tug(s) relative to the barge being escorted; (5) the manner in which an emergency connection would be made between the tug(s) and barge; (6) radio communications, including primary and secondary frequencies; and (7) anticipated weather, tidal, and sea conditions. (c) Barges shall have a minimum of one escort tug in addition to their dedicated tug. (d) Exemption: (1) Where an emergency or extraordinary circumstances exist to threaten public safety, the environment, and/or the vessel, its crew or cargo, the pilot or master of the dedicated tug of a barge is authorized to override this section consistent with provisions of the Inland Navigational Rules Act (33 USC 2001 et seq.) for same or similar circumstances. The pilot or master shall report any such event to the United States Coast Guard Captain of the Port. For purposes of this section, an emergency or extraordinary circumstances shall include, but not be limited to, any of the following: (1) imminent and immediate danger to the vessel, its cargo or its crew; (2) imminent and immediate danger to a marine terminal, service or escort tug; (3) imminent and immediate danger to a vessel in the proximity of the escorted vessel; or (4) any emergency declared by the U.S. Coast Guard Captain of the Port. Note: Authority cited: Sections 8670.17.2(a) and 8670.23.1, Government Code. Reference: Sections 8670.17.2 and 8670.23.1, Government Code. s 852.6. Remedies. (a) Nothing herein shall limit or prevent any action by any party in a court of competent jurisdiction. (b) Any person who knowingly, intentionally or negligently violates any provision of this subchapter shall be subject to criminal, civil, and/or administrative civil actions as prescribed in Article 9 of Chapter 7.4, Division 1, Title 2 of the Government Code, beginning with Section 8670.57. Note: Authority cited: Sections 8670.17.2 and 8670.23.1, Government Code. Reference: Sections 8670.17.2, 8670.23.1, 8670.57 and 8670.67, Government Code. s 852.20. Effective Date of Regulations. This subchapter shall be effective May 1, 1995, and shall remain in effect no longer than five years from the effective date unless extended, amended or otherwise replaced by subsequent regulations. Any such amendment or replacement of these regulations shall provide for the best achievable protection of the marine waters of California. Note: Authority cited: Section 8670.21, Government Code. Reference: Section 8670.21, Government Code. s 852.21. Purpose and Scope. This subchapter sets forth reporting, fee and payment requirements for certain vessels using the Vessel Traffic Information Service (VTIS) for the Ports of Los Angeles and Long Beach. The regulations specify the amount of the fee to be imposed on covered vessels and the method of payment. State law, Section 445 et. seq., of the Harbors and Navigation Code, requires certain vessels to report to the VTIS when navigating within the area of coverage as specified in Section 852.24, of this subchapter. By reporting to the VTIS, covered vessels, and other vessels using waters within the VTIS area, will be provided with information to reduce the possibility of groundings or collisions and the risk of oil or fuel spills from such events. Note: Authority cited: Section 8670.21, Government Code. Reference: Section 8670.21, Government Code; and Division 3, Chapter 1, Article 4, Harbors and Navigation Code. s 852.22. Definitions. In addition to the definitions in Chapter 1, Section 790 of this Subdivision, the following definitions shall govern the construction of this subchapter. Where similar terms are defined, the following will supersede the definition in Chapter 1: (a) "Covered vessel" means any of the following: (1) Every power-driven vessel of 40 meters (approximately 131 feet) or more in length, while navigating. (2) Every towing vessel of 8 meters (approximately 26 feet) or more in length, while navigating. "Towing vessel," as used in this subchapter, means any commercial vessel engaged in towing another vessel astern or alongside or by pushing it ahead. (3) Every vessel issued a certificate to carry 50 or more passengers for hire, when engaged in trade. (4) Covered vessel does not include military or public vessels of the United States, or vessels transiting the VTIS area as described in Section 852.24 which are engaged in innocent passage as defined in Article 19, Convention on the Law of the Sea. (b) "Fee" means the fee assessed pursuant to Section 852.28 of this subchapter and deposited in the Vessel Safety Account of the Oil Spill Prevention and Administration Fund in the State Treasury. (c) "Marine Exchange" means the Marine Exchange of Los Angeles-Long Beach Harbor, Inc., a corporation organized under the Non-Profit Mutual Benefit Corporation Law, (Part 3 (commencing with Section 7110) of Division 2 of Title 1 of the Corporations Code. (d) "Operator" is the person defined in Section 651(q) of the Harbors and Navigation Code. (e) "Ports" means the Ports of Los Angeles and Long Beach. (f) "VTIS area" means the Designated Reporting Area specified in Section 852.24 of this subchapter. Note: Authority cited: Section 8670.21, Government Code. Reference: Section 8670.21, Government Code; and Division 3, Chapter 1, Article 4, Harbors and Navigation Code. s 852.23. Applicability. (a) This subchapter shall apply to all covered vessels as defined in Section 852.22 of this subchapter and, in part, to those vessels found in subsection (b), below. (b) Vessels described in this subsection shall comply with the requirements of Section 447.5 of the Harbors and Navigation Code: (1) Every power-driven vessel of 20 meters or more in length. (2) Every vessel of 100 gross tons or more carrying one or more passengers for hire. (3) Every dredge and floating plant. Note: Authority cited: Section 8670.21, Government Code. Reference: Section 8670.21, Government Code; and Division 3, Chapter 1, Article 4, Harbors and Navigation Code. s 852.24. Designated Reporting Area. (a) The VTIS area includes the waters of San Pedro Bay, San Pedro Channel, and Santa Monica Bay and navigable waters seaward of the breakwaters that are encompassed by the arc of a circle having its center at Point Fermin Light, with a radius of twenty-five (25) nautical miles drawn from a position on the shore in the vicinity of Laguna Beach, clockwise to a point on the shore approximately midway between Santa Monica and Malibu. (b) The VTIS area does not include any waters inland from the lines of demarcation, as specified in Title 33 Code of Federal Regulations, Section 80.1114. Note: Authority cited: Section 8670.21, Government Code. Reference: Section 8670.21, Government Code; and Division 3, Chapter 1, Article 4, Harbors and Navigation Code. s 852.25. Reporting Requirements. (a) No person shall operate, navigate or transit within the VTIS area with a covered vessel unless the operator of such covered vessel complies with reporting requirements specified in Section 446 of the Harbors and Navigation Code, the Tariff Rules of the applicable port, and pays the fee as prescribed by local Tariff Rule or by Section 852.28 of this subchapter. (b) No person shall operate, navigate or transit within the VTIS area with a vessel described in subsections 852.23(b) of this subchapter, unless the operator of such vessel complies with the reporting requirements specified in Section 447.5 of the Harbors and Navigation Code, and the Tariff Rules of the applicable port. (c) Vessels moving from an anchorage area within the VTIS area shall report to the Marine Exchange at least 15 minutes, but no more than 1 hour, prior to getting underway. (d) In addition to information required by Section 446 of the Harbors and Navigation Code, the operator of a covered vessel shall also report the vessel's LOA, as defined, and whether or not any dangerous cargo, as listed in 33 Code of Federal Regulations Part 160, Subpart C, is on board the vessel or its tow. (e) A covered vessel operating within the harbor complex inland of the lines of demarcation, as specified in Section 852.24(b) of this subchapter, and not engaging a pilot, shall report to the appropriate pilot station in accordance with the Tariff Rules of each of the ports. (f) All communication with the VTIS required by this section shall be conducted in accordance with applicable Federal regulations which have been incorporated in the VTIS Operations Manual developed by the Marine Exchange. Note: Authority cited: Section 8670.21, Government Code. Reference: Section 8670.21, Government Code; and Division 3, Chapter 1, Article 4, Harbors and Navigation Code. s 852.26. Duties of the Marine Exchange and the Administrator. (a) The Administrator shall enter into an agreement with the Marine Exchange which shall operate the VTIS in accordance with Section 8670.21 of the Government Code, and Division 3, Chapter 1, Article 4 of the Harbors and Navigation Code. The Administrator shall direct the Marine Exchange to perform the following duties: (1) facilitate the safe transit of vessel traffic to prevent collisions, rammings, groundings, and environmental damage through aiding navigation by providing information regarding ship locationsand traffic; and (2) receive notification of a covered vessel's arrival and movement as required under Section 446 of the Harbors and Navigation Code prior to the entry of such vessels into the VTIS area; and (3) monitor compliance with the requirements of this subchapter and report all violations to the office of Oil Spill Prevention and Response and the Harbor Safety Committee for the Los Angeles/Long Beach Region; and (4) act as an agent of the Administrator for the collection of the fee as prescribed in Section 852.27 of this subchapter. The requirements of this subchapter create no other agency relationship, express or implied, between the Administrator and the Marine Exchange. (b) The Administrator shall ensure that the duties of the Marine Exchange in the operation of the VTIS are performed in an effective and impartial manner. (c) The Administrator shall convene, as appropriate, the Los Angeles/Long Beach Harbor Safety Committee, established pursuant to Section 8670.23 of the Government Code, to provide a public forum for oversight of the VTIS operation. Any recommendation or finding of the Harbor Safety Committee shall be forwarded to the Administrator according to the schedule set forth in Section 8670.23(k) of the Government Code or at any other time deemed appropriate by the Harbor Safety Committee. Note: Authority cited: Section 8670.21, Government Code. Reference: Sections 8670.21 and 8670.23(e), Government Code; and Division 3, Chapter 1, Article 4, Harbors and Navigation Code. s 852.27. Collection and Payment of Fee. (a) In the event that the Ports of Los Angeles and/or Long Beach fail to impose a fee in accordance with Section 446.5 of the Harbors and Navigation Code and Section 8670.21(e)(2) of the Government Code that the Administrator deems sufficient to pay the cost of operating the vessel traffic service, the Administrator shall assess a VTIS reporting fee as set forth in Section 852.28. The fee shall be collected by the Marine Exchange, acting for the Administrator for fee collection purposes only. (b) The fee shall be imposed on all covered vessels whenever transiting through or navigating within the VTIS area. Note: Authority cited: Section 8670.21, Government Code. Reference: Section 8670.21, Government Code; and Division 3, Chapter 1, Article 4, Harbors and Navigation Code. s 852.28. Fee Determination. (a) On behalf of the Ports or the Administrator, the Marine Exchange shall collect a fee from every covered vessel for each entry to the harbor complex, according to the following schedule: (1) Each Vessel Over But Not Over Fee 0 Meters 150 Meters LOA $180.00 150 Meters 190 Meters LOA $200.00 190 Meters 230 Meters LOA $230.00 230 Meters 270 Meters LOA $270.00 270 Meters 310 Meters LOA $300.00 310 Meters - $340.00 (A) Exceptions to this requirement are as follows: 1. Any covered vessel for hire operating in a scheduled passenger or freight service between the mainland California coast and Santa Catalina Island which traverses the VTIS area, shall pay a fee of $300.00 per month, per covered vessel during the months of June, July and August and $150.00 per month, per covered vessel during all other months of the year. 2. Any covered vessel engaged in commercial rescue or emergency assistance service for hire, primarily to recreational boaters, which traverses the VTIS area, shall pay a fee of $25.00 per month per covered vessel. 3. Any covered vessel for hire, engaged in off shore oil well maintenance and service, or, any vessel engaged in construction projects, when such vessels is navigating between points in the California mainland coast range, from Point Dume south to Dana Point and including Santa Catalina Island or a designated dumping area for dredging spoils, which traverses the VTIS area, shall pay a fee of $300.00 per month per covered vessel. (2) The fees prescribed in this subsection may be collected in combination with any other fees collected by the Marine Exchange, provided that the Marine Exchange maintains records of such collections. If the Marine Exchange chooses to collect fees in combination with other fees, all records shall be made available to the Administrator upon request, for accounting purposes. (b) Upon written request of the Marine Exchange, the Administrator shall review the fee schedule to determine if adjustments may be necessary according to the costs incurred by the Marine Exchange, and the projected revenues for the upcoming State fiscal year. Any adjustment to the fee schedule shall be made in consultation with the Ports. Note: Authority cited: Section 8670.21, Government Code. Reference: Section 8670.21, Government Code; and Division 3, Chapter 1, Article 4, Harbors and Navigation Code. s 852.29. Fee Usage. The fee collected on behalf of the Administrator by the Marine Exchange shall be deposited in the Vessel Safety Account of the Oil Spill Prevention and Administration Fund in the State Treasury. Money in this account shall be used only for the following purposes: (a) to establish and fund the operation of a VTIS for the Ports; (b) to reimburse the U.S. Coast Guard for the cost of assigning Coast Guard personnel to the VTIS; (c) to reimburse the Marine Exchange for actual costs incurred in the collection of fees pursuant to this subchapter; (d) to repay any loans made to establish and operate the VTIS; (e) to provide a reasonable reserve for contingencies. Note: Authority cited: Section 8670.21, Government Code. Reference: Section 8670.21, Government Code; and Division 3, Chapter 1, Article 4, Harbors and Navigation Code. s 852.30. Penalties. Any person who intentionally or negligently violates any provision of this subchapter shall be liable for an administrative civil penalty as prescribed in Government Code Section 8670.67(b). Note: Authority cited: Section 8670.21, Government Code. Reference: Sections 8670.21 and 8670.67(b), Government Code; and Division 3, Chapter 1, Article 4, Harbors and Navigation Code. s 852.60.1. Short Title. This Chapter shall be known and may be cited as the Local Government Grant Program. Note: Authority cited: Sections 8670.35, 8670.38, 8670.39 and 8670.40, Government Code. Reference: Sections 8574.1, 8574.7, 8670.1, 8670.3, 8670.6, 8670.35 and 8670.38, Government Code. s 852.60.2. Definitions. In addition to the definitions in Chapter 1, Section 790 of this Subdivision, the following definitions shall govern the construction of this subchapter. Where similar terms are defined, the following will supersede the definition in Chapter 1: (a) "Applicant" means any local government which is applying for a grant. Such government must be required to implement a Hazardous Materials Area Plan pursuant to Health and Safety Code Section 25503, and must have jurisdiction over or be directly adjacent to marine waters. (b) "Area Plan" see "Hazardous Materials Area Plan". (c) "Fund" means the Oil Spill Prevention and Administration Fund established pursuant to Section 8670.38 of the Government Code. (d) "Grant" means an award of funds to a local government based on the evaluation and selection of the applicant government's proposal for the completion, update or revision of an oil spill contingency plan element. The awarding of a grant is subject to availability of cash reserves in the Oil Spill Prevention and Administration Fund. (e) "Grant Agreement" means the written agreement, and any amendment(s) and written change orders thereto, which is/are signed by the Administrator or his/her designated representative and the grant recipient, and which defines the terms, provisions and conditions governing the grant. (f) "Grant Recipient" means the local government which receives a grant award from the Department of Fish and Game, Office of Spill Prevention and Response (Department or OSPR). (g) "Hazardous Materials Area Plan", referred to as an Area Plan in this subchapter, means the plan specified in Section 25503 of the Health and Safety Code pertaining to emergency response to a release or threatened release of a hazardous material within a city or a county and any additional minimum planning requirements identified in this subchapter. (h) "Local Oil Spill Contingency Plan Element" or "local plan" means that element of a Hazardous Materials Area Plan pertaining to emergency response to a release or threatened release of oil or other hazardous material within a city or a county and any additional minimum planning requirements identified in this subchapter. (i) "Regional Plan" for purposes of prioritization of grant awards pursuant to this subchapter, means a regional oil spill contingency plan element which encompasses all local governments within an entire U.S. Coast Guard Designated Area. Note: Authority cited: Sections 8670.35, 8670.38, 8670.39 and 8670.40, Government Code. Reference: Sections 8574.1, 8574.7, 8670.1, 8670.3, 8670.6, 8670.35 and 8670.38, Government Code. s 852.60.3. Objectives of Local Government Grant Program. The objective of the local government grant program is to encourage local governments to complete, update or revise an oil spill contingency plan element and to help provide a coordinated response and cleanup effort between local governments and State and Federal officials in order to provide the best achievable protection of the California Coast. Note: Authority cited: Sections 8574.7, 8670.35, 8670.39 and 8670.40, Government Code. Reference: Sections 8574.7 and 8670.35, Government Code. s 852.60.4. Duties and Responsibilities. The Administrator has the lead state authority and responsibility for overseeing oil spill response and clean up activities in marine waters, identification of natural resources, protection priorities and damage assessment after an oil spill, in consultation with other state agencies and local governments. In the event of an oil spill in marine waters, the Department of Fish and Game shall conduct an initial on-scene assessment of the spill and review the measures being taken by the responsible party and determine the appropriate level of response. In the event that the United States Coast Guard is on the scene first and has done an assessment, the Department may accept the Coast Guard's initial assessment and response determination if it is consistent with the guidelines set forth in the state oil spill contingency plan. The State shall establish a Unified Command with the U.S. Coast Guard at a spill in which both the State and Federal forces are involved. The Unified Command shall consist of the State's On-Scene Coordinator, the Federal On Scene Coordinator, the senior representative of the party responsible for the spill if the party is identified and assumes responsibility and, if included in the MOU described in Subsection (d) below, the representative(s) from the local jurisdiction(s) directly impacted by the spill. The local government representative(s) shall be designated within the local oil spill contingency plan element prepared pursuant to Section 852.62.2(a)(1)(E) of this subchapter. Such participation by local governments in the Unified Command shall be conditioned on the following: (a) Completion of a local plan that meets the requirements of Government Code Section 8670.35 and this subchapter. (b) Participation by local governments in the area contingency planning process of the United States Coast Guard. (c) Recognition of the Federal On-Scene Coordinator and the State On-Scene Coordinator who have the authority to issue orders and direction to the responsible party. (d) Upon completion of the process described in Article 2 of this subchapter, a memorandum of understanding (MOU) shall be entered into among the State and all local governments within a county. The MOU is for the purposes of ensuring a unified and coordinated effort between State and local government agencies through appropriate mutual aid in the event of an incident and the coordinated and informed representation within the Unified Command. Note: Authority cited: Section 8574.1, 8574.7, 8670.7 and 8670.35, Government Code. Reference: Sections 8574.1, 8574.7, 8670.7 and 8670.35, Government Code. s 852.61.1. Scope and Applicability. (a) The regulations contained in this Article set forth the minimum criteria to be developed or identified in a local oil spill contingency plan element submitted by local governments responsible for the completion, updating or revision of an oil spill plan element in order to apply for and receive a grant from the Fund. (b) This Article applies to all eligible applicants. Note: Authority cited: Sections 8670.35, 8670.38 and 8670.39, Government Code. Reference: Sections 8574.1, 8574.7, 8670.7, 8670.35 and 8670.38, Government Code. s 852.61.2. Grant Application Process. (a) An applicant shall submit the documents specified in Section 852.61.6 of this Article in order to apply for a grant. (b) An original and five (5) copies of the documents required in Subsection (a) shall be submitted to the Administrator. All applications and supporting documents submitted prior to the applicable deadline will become the property of the Administrator. The original documents or one copy will be retained for a minimum of three (3) years for all applicants receiving a grant award. (c) Documents required in Subsection (b) shall be delivered to the Department of Fish and Game, (OSPR) at the address set forth in the Grant Application. (d) The documents required in Subsection (b) must be received by the Administrator on or before the close of the application period specified in Section 852.61.4. Grant applications received after the applicable deadline will be returned to the applicant unopened. (e) Submission of the documents required in Subsection (b) shall be deemed to be an applicant's acceptance of the terms and conditions set forth in this subchapter. Note: Authority cited: Sections 8670.35, 8670.38, 8670.39 and 8670.40, Government Code. Reference: Section 8670.35, Government Code. s 852.61.3. Grant Applicant Eligibility. (a) The Administrator may award a grant to an applicant if the following eligibility criteria are met: (1) The applicant is a local government which is required to implement an Area Plan pursuant to Section 22503(a) and (b) of the Health and Safety Code, and has jurisdiction over or is directly adjacent to marine waters as defined; and (2) The applicant has elected to complete, update or revise an oil spill contingency plan element of a Hazardous Materials Area Plan pursuant to Section 25503 of the Health and Safety Code, in accordance with this subchapter. (b) A county, whose designated jurisdiction excludes an independently eligible city(s), is not eligible to obtain additional funds which the excluded city(s) may be eligible to receive, unless it is a county-city joint plan proposal as specified in Section 852.61.8 of this subchapter. Note: Authority cited: Sections 8670.35, 8670.38, 8670.39 and 8670.40, Government Code. Reference: Sections 8574.1, 8574.7, 8670.7 and 8670.35, Government Code. s 852.61.4. Grant Application Period. Note: Authority cited: Sections 8670.35, 8670.38, 8670.39 and 8670.40, Government Code; and section 22 of the Act. Reference: Section 8670.35, Government Code. s 852.61.5. Grant Amount. (a) No grant to an individual local government may exceed $50,000. Grants awarded to local governments submitting joint proposals to prepare, update or revise an area plan(s), as specified in Section 852.61.8 of this subchapter, shall be awarded an amount not to exceed $50,000 for each local government covered by the proposal. Grant awards for subsequent fiscal years shall be determined subject to and in accordance with, annual appropriations by the California Legislature for such purposes. (b) Grant amounts shall be determined by the Administrator, based on the number of eligible grant recipients selected to receive an award pursuant to Section 852.61.8 and the extent to which the proposal addresses the minimum planning requirements set forth in Section 852.62.2 of this subchapter. Note: Authority cited: Sections 8670.35, 8670.38, 8670.39 and 8670.40, Government Code. Reference: Section 8670.35, Government Code. s 852.61.6. Contents of the Grant Application. Applicants shall submit to the Administrator a Grant Application which shall include, but not be limited to, the following: (a) A Local Government Grant Application (Application), form #FG-OSPR 1914 (New 2/92). The Application must be signed by an authorized official(s) of the Local Government(s) covered by the proposal. (b) A Project Proposal, which shall include all of the following: (1) A description of the oil spill contingency plan element to be completed, updated or revised pursuant to Sections 852.62.1 and 852.62.2 of this Article. (2) An explanation of the proposal's goals or objectives; (3) A map identifying the geographical area covered by the proposal; (4) A description of the procedures and methodology to be used to complete, update or revise the oil spill contingency plan element. This shall include, but is not limited to, a description of the work plan; need for consulting services; milestones for completion; levels of plan review; provisions for ensuring consistency with the area plans for United States Coast Guard Captain of the Port Areas, the State and National Oil Spill Contingency Plans, and local coastal programs pursuant to Section 30500, Public Resources Code; and target completion date; (5) A list of all persons required to implement the proposal by name and title or position, and a brief job description. (c) A Budget Report consisting of a breakdown of costs to be incurred during the project term. This shall include, but is not limited to, personnel services, contracted professional and consultant services, and operating expenses that include publication costs required to implement the proposal. (d) A Declaration by the authorized official(s) identified in Subsection (a) of this section stating that the person or entity submitting the application is authorized to submit the application on behalf of the local government(s). Note: Authority cited: Sections 8574.1, 8574.7, 8670.7, 8670.35, 8670.38, 8670.39 and 8670.40, Government Code. Reference: Sections 8574.1, 8574.7, 8670.7, 8670.35 and 8670.38, Government Code. s 852.61.7. Review of Grant Application. (a) The Administrator shall have thirty (30) calendar days in which to review the grant application and verify that it is complete and includes all necessary documents and information as set forth in Section 852.61.6. (b) If the information contained in the grant application, including supporting documents, is insufficient, the Administrator may request additional information. The applicant shall have 10 (ten) calendar days from the date of the request to submit the requested information to the Administrator. Failure to submit the additional information during this time period may result in the disqualification of applicant. The Administrator may, at his or her discretion, extend the 10 (ten) calendar day period for good cause. (c) The Administrator shall have twenty (20) calendar days following the initial review period or deadline for submission of additional information, whichever is applicable, to conduct a detailed technical review of the proposal to determine whether it contains the minimum planning requirements set forth in Subsection 852.62.2 of this subchapter. Note: Authority cited: Sections 8670.35, 8670.38, 8670.39 and 8670.40, Government Code. Reference: Section 8670.35, Government Code. s 852.61.8. Evaluation and Selection of Grant Recipient. (a) The Administrator may select one or more grant recipients from those applicants meeting the grant eligibility criteria set forth in Section 852.61.3, provided the grant proposals they submitted contain the minimum planning requirements set forth in Section 852.62.2 of this subchapter. (b) The Administrator will apply the following criteria to determine prioritization of grant awards in the event that maximum grant awards can not be given to all applicants during any one fiscal year. The total number of points possible is 150. (1) Prioritization will be given in decreasing order from (A) to (F), with the highest priority going to (A), Regional Plan Proposals covering one of the Coast Guard Designated Areas, which are outlined in Subsection (d) below. (A) Regional Plan Proposals, as defined in Section 852.60.2, which include all cities and counties in a Coast Guard Designated Area for oil spill response. 80 points. (B) Regional Plan Proposals which include less than all cities and counties in a Coast Guard Designated Area for oil spill response. 70 points. (C) County-City Joint Proposals which cover at least one county and one city for oil spill response. 60 points. (D) County Plan Proposals which cover one county for oil spill response. 50 points. (E) Multi-City Plan Proposals which cover two or more cities for oil spill response. 40 points. (F) City Plan Proposals which cover one city for oil spill response. 30 points. (2) Following prioritization in accordance with Subsection (b)(1) above, the Administrator may take into account the following criteria in order to make the selection of grant recipients: (A) The length of coast line that would be protected by the proposal. 20 points. (B) The risk of oil spills, based on history of spills, and/or volume of oil transported in and along the coastline covered by the proposal and/or number of marine facilities covered by the proposal. 50 points. (C) Notwithstanding subparagraph (b), the Administrator shall have the discretion to award grants to: grant applicants which have not previously received a grant award; to grant applicants submitting grant applications for the purpose of updating a local government oil spill contingency plan element, in order to be consistent with any changes in the National and/or State Contingency Plan(s); or to applicants submitting proposals covering areas of the coast, determined by the Administrator to be important in order to provide the best achievable protection for the California Coast, including, but not limited to sensitive environmental areas, areas containing unique environmental characteristics, and/or key areas of economic concern. (d) For purposes of this subchapter, the proposed geographic boundaries for the Coast Guard Designated Areas are as follows: (1) North Coast - Oregon Border to the Sonoma/Mendocino County line. (2) San Francisco & Delta Region - Sonoma/Mendocino County line to the Santa Cruz/San Mateo County line, including San Francisco Bay and the portions of the Sacramento/San Joaquin Delta used for waterborne commercial vessel traffic to the Port of Stockton and the Port of Sacramento. (3) Central Coast - Santa Cruz/San Mateo County line to the San Luis Obispo/Monterey County line. (4) Northern Los Angeles/Long Beach - San Luis Obispos, Ventura and Santa Barbara Counties. (5) Southern Los Angeles/Long Beach - Los Angeles and Orange Counties. (6) San Diego - San Diego/Orange County line to the Mexico Border. Note: Authority cited: Sections 8670.35, 8670.38, 8670.39 and 8670.40, Government Code. Reference: Section 8670.35, Government Code. s 852.61.9. Notice of Grant Award or Denial. (a) Within 10 (ten) business days following the review period specified in Section 852.61.7, the Administrator shall notify each applicant in writing whether its grant application was approved for award or denied. (b) If the grant award is for less than the amount requested in the grant application, the applicant shall have five (5) business days from the date of notification of grant award to submit a revised budget, or to withdraw the application. The administrator shall have five (5) business days from the date of receipt of revised budget to approve or deny the revision. (c) The notice of denial shall include the basis for denial and the name of a person who may be contacted for further information. (d) Request for Reconsideration. The grant recipient shall have ten (10) calendar days from the date of the notice of denial to submit a written request for reconsideration of any decision to deny award. The request must contain the basis for requesting reconsideration and, if applicable, provides evidence which rebuts the basis for the denial. Within ten (10) calendar days from the date the request for reconsideration is received, OSPR will advise the grant recipient, in writing, of the Administrator's decision to grant or deny the request. Note: Authority cited: Sections 8670.35, 8670.38, 8670.39 and 8670.40, Government Code. Reference: Section 8670.35, Government Code s 852.61.10. Grant Agreement. (a) The written Grant Agreement shall contain the State of California standard agreement and addendums required by the Department of General Services, the grant proposal, the budget approved by Administrator, assure compliance with the terms and conditions specified in Section 852.61.11, and contain any other terms or conditions which the Administrator may deem necessary to carry out the purpose of this subchapter. (b) Within forty-five (45) calendar days from the date the grant recipient is notified of the grant award or the date of approval of the revised budget, whichever is applicable, the OSPR shall mail the Grant Agreement to grantee. (c) Upon receipt of the Grant Agreement, the grantee is required to return a signed original and five (5) copies to the OSPR within Sixty (60) calendar days along with a copy of the resolution, order, motion, or ordinance of the affected local governments' local governing body(s) by law having authority to enter into the proposed Grant Agreement, approving and authorizing execution of the Grant Agreement. Failure to execute the agreement within this period may constitute withdrawal of the application. (d) Modifications to the executed Grant Agreement may be made only upon prior written approval by the Administrator or his or her designated representative. All requests for modification shall include a detailed description of the proposed change(s) and the reason(s) for the changes. Note: Authority cited: Sections 8670.35, 8670.38, 8670.39 and 8670.40, Government Code. Reference: Section 8670.35, Government Code s 852.61.11. Terms and Conditions of a Grant Agreement. The Grant Agreement shall contain the following terms and conditions: (a) Midterm Report. The grant recipient shall be required to submit a midterm progress report to the Administrator within thirty (30) calendar days following the midterm of the project. The midterm of the project shall be based on the completion date specified in the grant proposal, unless otherwise agreed to by the Administrator. The report shall include, but not be limited to, all of the following: (1) A statement that the oil spill contingency plan element being completed, updated or revised is or is not on schedule, and a description of the project tasks or milestones and the status of each. Pertinent reports or interim findings shall be appended. (2) A discussion of any difficulties or special problems encountered in accomplishing the project tasks. (3) A financial report comparing costs to date with the approved scope of work and the original approved budget. The report should state whether the program is progressing within the approved budget, and an explanation of any current or anticipated deviations. The report shall include a Statement of Expenditures showing the program's expenditures incurred to date. (4) A report of any changes in personnel assigned to the development, review or approval of the project. (b) Compliance. Grant recipients shall comply with all applicable federal, state and local laws, ordinances, regulations and permits. (c) Subcontractors. Grant recipients shall maintain a list of all subcontractors required to implement the proposal, including name, address, and a description of their work. Applicants must comply with all applicable State Administrative Manual requirements when utilizing subcontractors for services required pursuant to the Grant Agreement. (d) Auditing: (1) All grant recipients shall maintain an accounting system which utilizes Generally Accepted Accounting Principles and practices. The Administrator, the State Controller's and the State Auditor General's office, or their designated representatives, shall have a right of reasonable access during normal business hours to all of the grant recipient's records pertaining to the grant. (2) In addition to accounting records, all source documents associated with the accounting records shall be maintained by the grant recipient in sufficient detail to demonstrate that the funds were used for the purpose for which the grant program is intended. Source documents include, but are not limited to, bid summaries, contracts with the grant recipient, change orders showing approval by a city or county official, purchase orders, invoices, paid warrants, time sheets, labor distribution reports and payroll registers. (3) The accounting records and source documents shall be retained for at least three (3) years after the grant is awarded, or until resolution of all issues which may arise as a result of any litigation, claim negotiation or audit, whichever is later. (4) If an audit reveals that grant funds have not been spent in accordance with the Grant Agreement, the Administrator shall terminate the Grant Agreement, and take such steps as necessary to recover funds not spent in accordance with the Grant Agreement. Further, the grant recipient shall be required to forfeit the unexpended portion of the grant. Such forfeitures shall revert to the Fund. (e) Grant Termination. The Administrator may, upon determining that the receipient has failed to comply with the terms or conditions of the Grant Agreement, terminate any grant in whole, or in part, at any time before the date of completion. The Administrator shall notify the recipient in writing of the termination, the reasons for the termination of the grant, and the effective date of termination. Termination of the Grant Agreement shall result in forfeiture of any funds withheld pursuant to Section 852.61.12(b) of this subchapter. (f) Request for Reconsideration. The grant recipient shall have ten (10) calendar days from the date of the notice of grant termination to submit a written request for reconsideration of any decision to terminate the Grant Agreement. The request must contain the basis for requesting reconsideration and, if applicable, provide evidence which rebuts the basis for the grant termination. Within ten (10) calendar days from the date the request for reconsideration is received, OSPR will advise the grant recipient, in writing, of the Administrator's decision to grant or deny the request. (g) Final Report. Upon completion and approval of the oil spill plan element by the Administrator in accordance with the Grant Agreement, pursuant to Section 852.62.3 of this subchapter the grant recipient shall submit a final report. The report shall be submitted within sixty (60) calendar days from the completion and approval of the above stated plan and shall include, but is not limited to: (1) A Table of Contents. (2) A brief summary of the objectives of the grant and how these objectives were accomplished. (3) Any findings, conclusions, or recommendations for additional activities which result from the successful completion of the program for that grant year. A statement, if applicable, of future public and/or private support to maintain or further develop the local contingency plan. (4) A list of subcontractors who participated, in whole or in part, in the grant program, including the names, addresses and a description of their work. Participating subcontractors must be selected in accordance with procedures outlined in the Grant Agreement. (5) Final Financial Statement for the Program. This report shall provide information that enables the Administrator to determine the final specific use for all grant funds distributed and may include the final payment request. It shall also indicate all other sources of funds utilized by the program. (6) Three copies of the completed and approved oil spill contingency plan element, which was completed, updated, or revised pursuant to the Grant Agreement. If portions of the local governments' area plan prepared in accordance with Section 25503 of the Health and Safety Code are cross referenced in the oil spill contingency plan element, the area plan must also be submitted as an addendum to the final report. (h) A grant recipient shall certify to the Administrator every three (3) years that it has conducted a complete review of the oil spill element of the plan and has made necessary revisions. Whenever substantial changes are made to the oil spill contingency plan element, the grant recipient shall forward such changes to the Administrator within fourteen (14) calendar days of making such changes. (i) Payment of Funds. Payment of grant funds shall be in accordance with Section 852.61.12 of this subchapter. Note: Authority cited: Sections 8670.35, 8670.38, 8670.39 and 8670.40, Government Code. Reference: Section 8670.35, Government Code. s 852.61.12. Payment of Grant Funds. (a) The grant recipient may submit payment requests made in arrears consistent with the time frames set forth in the Grant Agreement. (b) The OSPR shall retain 10% of the total amount awarded or 10% of any payment request until after the oil spill contingency plan element has been approved pursuant to Section 852.62.3 of this subchapter, the final report has been submitted, and the Administrator has determined that the grant recipient has complied with all terms and conditions of the Grant Agreement. (c) All payment requests, including the final payment request, shall be submitted to the OSPR within 18 months from the date the Grant Agreement is executed, unless the Administrator approves requests submitted after that period. (d) The balance of any grant award which is not encumbered during the period set forth in the preceding subparagraph (c) shall be deemed forfeited by the grant recipient. In no event may grant monies be encumbered following three years from the date of the Grant Agreement. Note: Authority cited: Sections 8670.35, 8670.38, 8670.39 and 8670.40, Government Code. Reference: Section 8670.35, Government Code. s 852.62.1. Format and Consistency Requirements for Proposed Oil Spill Contingency Plan Element. (a) To the greatest extent possible, the oil spill contingency plan element contents shall be consistent with all of the following programs or plans: (1) Area plans required pursuant to Chapter 6.95 of the Health and Safety Code commencing at Section 25500; (2) The local government's coastal program as certified under Section 30500 of the Public Resources Code; (3) Local Emergency Response plans required by the National Contingency Plan as revised pursuant to regulations implementing Section 4201(c) of OPA 90. (b) Each local oil spill contingency plan element shall meet all applicable State and Federal Occupational Safety and Health Administration requirements. (c) Each local oil spill contingency plan element shall follow the format of the Area Contingency Plans comnpleted by the United States Coast Guard, state agencies, and local government, as required by the OPA 90 (33 USC 2701, et seq.) Note: Authority cited: Sections 8670.35, 8670.38, 8670.39 and 8670.40, Government Code. Reference: Section 8670.35, Government Code; and OPA 90 (33 USC 2701, et seq). s 852.62.2. Minimum Planning Requirements. (a) The Emergency Notification and Coordination Section. The Emergency Notification and Coordination Section shall contain information which is essential for emergency notification(s) and coordination of incident response to an oil spill in marine waters within or adjacent to the jurisdiction of the local government. (1) Emergency Notification. The purpose of the Emergency Notification provisions set forth in this section is to provide timely notice to appropriate agencies and emergency personnel at the state, federal and local level. Emergency Notification shall include the following: (A) Predesignation of the local government's primary contact person, including title and primary and after-hours telephone number, who is charged with the responsibility and authority to initiate local oil spill response operations. (B) A current list of telephone numbers and addresses of the federal, state and local organizations and agencies to be notified by the local government's primary contact person when an oil discharge is discovered, which shall include the Office of Emergency Services. The Office of Emergency Services is currently required to then notify public agencies which may be affected by a spill, including the OSPR. (C) A current list of local emergency response personnel, by job classification or title, including primary and after-hours telephone numbers and addresses of personnel on call to receive notification of an oil discharge. (D) The local emergency response personnel and local organizations and agencies identified in Subsections (a)(1)(B) and (a)(1)(C) must include, but are not limited to: law enforcement; fire fighting services; medical and public health and safety services; poison control centers; evacuation centers; and hospitals. (E) Predesignation of a local response coordinator, and alternate(s), including title, and telephone number, who are charged with the responsibility and authority to direct and coordinate local response operations including: crowd and traffic control; emergency evacuation; beach closures; fire suppression; and mobilization of local equipment and personnel. During emergency response, this person will serve as the local government representative for the State On-Scene Coordinator. Communication may be coordinated through the State Liaison officer identified in the State's Incident Command System outlined in the Marine Oil Spill Contingency Plan. (2) Coordination of Incident Response. The purpose of the Coordination of Incident Response provisions set forth in this subsection is to clarify local governments' role and responsibilities during an oil spill response. (A) The following language must be restated in this section of the local government oil spill contingency plan element in order to delineate how the local government's role will be coordinated in the State's Incident Command System: "The Administrator, in consultation with other state agencies and the local government representative, has the lead state authority and responsibility for overseeing oil spill response and clean up activities in marine waters, identification of natural resources, protection priorities, and damage assessment after an oil spill. In the event of an oil spill in marine waters, the OSPR shall conduct an initial on-scene assessment of the spill and review the measures being taken by the responsible party and determine the appropriate level of response. The State On-Scene Coordinator, in consultation with the local government representative, and if applicable, through joint conference with the Federal On-Scene Coordinator, shall determine the nature of the local government support needed, and how local government resources identified in the local oil spill contingency plan element may be employed most effectively. If local government assistance is determined to be needed, the State On-Scene Coordinator, through the Unified Command, shall coordinate with the local government representative identified in the local oil spill contingency plan element in order to obtain such local assistance." (B) Procedures to establish coordinated communications with federal, state, and other local government response personnel to include, but not be limited to the following: 1. Provisions for access to a reliable communications system for timely notification of an oil discharge, a back up system, and the capability for interconnection with the communications systems established under related oil spill contingency plans, particularly State and National plans. (b) The Emergency Planning and Procedures Section. The purpose of the Emergency Planning and Procedures Section is to provide information essential for an effective and timely emergency response. This shall include logistics for emergency response, pre-emergency planning, training, drills, and incident critique and follow-up. (1) Logistics for Emergency Response. This section will assist in the identification of staging areas and local resources which may be used during an oil spill response. To the greatest extent possible, local area maps should be provided, where applicable, for the following information: (A) Identification and description of possible locations for an oil spill response operations center and a reliable communications system for directing the coordinated overall response operations by the Unified Command. (B) Firefighting capabilities for oil fires for both shipboard and on-shore structures, levels of fire response capability, and willingness of local government to respond to oil fires. (C) Potential staging area sites to be used by the Unified Command for use in deployment of response equipment along the coastline. (D) Identify a person, by title, or an agency within the local government to coordinate and obtain lodging accommodations for emergency response personnel, upon request. In addition, provide a listing (or copies of a listing) of local accommodations. (E) Identification and inventory of available emergency response supplies and equipment under the control of the local government, which may potentially be used during an oil spill response to protect or contribute to the protection of resources. The list should include oil-spill-specific equipment, such as booms and skimmers, as well as land-moving equipment, such as bulldozers and cranes. In addition, identify the contact agency(s), title of person(s) with authority to deploy such equipment, their telephone numbers, and location where the equipment and supplies are stored. (F) Identification and information on all local airports, or the nearest airport, which may be used for incoming response personnel and/or during response operations. This information should include sufficient details in order to determine the possible role of the airport during an emergency response. (G) Identification of potential temporary hazardous waste storage sites that may be used for temporary storage of oily wastes retrieved following a marine oil spill, and procedures for securing necessary permits or variances from appropriate state agency(s), including title of responsible person at each agency, and a 24-hour telephone number. (H) Identification and description of the private or public property and roads to which access would be required in the event of a spill, for the areas where a spill is most likely to occur or have an impact on the shoreline. Additionally, this information should identify a mechanism by which the local government can gain access to ownership information for such properties and a contact phone number on a 24-hour basis. (I) Identification of local facilities, marine facilities, and marinas including location, capacity, and hours of operation which may be significantly impacted during an oil spill. For purposes of this subsection "facility" means any public or private utility or plant that requires water intake from or discharge systems into marine waters, and if disrupted would significantly impact the public health and safety. This would include, but is not limited to, water treatment plants, power plants, and desalination plants. Additionally, this information should contain the name, title and telephone number of a local contact person, and/or person(s) who own, hold an ownership interest in, or operate the local facility, marine facility, or marina, as applicable. (J) Identification of control structures in areas which are tidally influenced, including river mouths, creeks, bays, and wetlands, which may be used to ameliorate or modify tidal flows in order to minimize damages resulting from an oil spill. (K) Identification of all locally significant areas, including river mouths, bays, recreational boating use areas, shipping lanes and harbor entrances, which may require closure or other emergency measures in the event of an oil spill. (L) Identification of local government representatives having information concerning local volunteer response groups, animal rescue/recovery groups, local media contacts or public information. (M) Identification of possible locations for volunteer operations center facilities for oil spill volunteers. These facilities should have adequate space for screening prospective volunteers, registration, training, assignment and deployment of qualified volunteers to an oiled wildlife care facility or field location. (2) Pre-Emergency Planning. The pre-emergency planning portion of the Emergency Planning and Procedures Section shall contain information and provision for pre-emergency planning of local emergency response with state and federal responding agencies, particularly the state OSPR, and coordination of pre-emergency planning for response among contiguous jurisdictions. In order to meet the requirements set forth in this provision of the Emergency Planning and Procedures Section, pre-emergency planning information may be set forth in this section or cross referenced to other portions of the oil spill contingency plan element or the local governments' area plan established pursuant to Health and Safety Code Section 25503 for emergency response to a release or threatened release of a hazardous material. The following information shall for purposes of pre-emergency planning be included or otherwise cross referenced in this section: (A) Provisions for establishing a definition of authorities, responsibilities and duties of all persons, or entities that are identified in the Incident Command System. The authorities, responsibilities and duties of each person/entity shall be consistent with the State's Incident Command system. Additionally, identify person(s) by title and telephone number, with authority to commit resources during an oil spill response, if such person(s) differ from those person(s) predesignated to participate in the Incident Command System. (B) Provisions for pre-emergency planning and coordination among emergency responders within the jurisdiction of a city, county or local agency. Pre-emergency planning shall include coordination of emergency response and emergency assistance between contiguous jurisdictions, and/or other jurisdictions within the same Coast Guard Designated Area. (C) Procedures to assure that full oil spill response resource capability, under the control of the grant recipient, is known and can be committed during an oil spill response upon the request of the State On-Scene Coordinator. Such resources shall include the supplies and equipment identified in Section 852.62.2(b)(1)(E) of this subchapter. (3) Training Requirements (A) At a minimum, the oil spill contingency plan element shall establish provisions to ensure training of fire, police and other emergency response personnel in oil spill response and cleanup equipment use and operations that is currently available to the local government, and ensure compliance with all other applicable state or federal training requirements; (B) Provisions for documenting personnel training described in Subsection (A) above. (4) Drills. The Emergency Planning & Procedures Section shall include provisions for coordinating drill participation with the grant paricipant and the State, and shall include the title and phone number of a contact person for drill participation. The grant participant shall make every effort to participate in oil spill contingency plan drills. (5) Incident Critique and Follow-up. The Emergency Planning & Procedure Section shall describe provisions for the critique and follow-up of major incidents of a release or threatened release of oil into the marine waters of the state. The critique shall include an interagency meeting to evaluate the response, to improve future response, and to determine if any oil spill contingency plan element revisions are necessary. (c) The Local Resource Information Section. The Local Resource Information Section of the oil spill contingency plan element shall include local area information that could be used by the State in order to facilitate the response to an oil spill. Only readily available information which the local governments currently possess should be included. Mapping of information may be completed to the extent feasible and, where possible, should be prepared on U.S.G.S. "7.5 minute series topographic maps" (7.5 minute quads). This section may include, but is not limited to, the following information: (1) Identification of Natural Resources and Local Conditions. (A) A description of the important natural, economic and cultural resources, or those which the grant recipient considers significant, which may be potentially impacted by marine oil spills that are within or adjacent to the jurisdiction of the local government. This description should include available information that the local government currently possesses and may include narratives or a listing of information sources on any known environmentally sensitive areas within local government jurisdiction. OSPR is principally responsible for gathering this information and prioritizing natural resources. OSPR is particularly interested in gathering information pertaining to species habitat and distribution, spawning or nursery areas, migration corridors, breeding grounds and/or feeding grounds. Accordingly, grant funds may not be expended to research, collect and prioritize this information. (B) Based on information that the grant recipient currently possesses, identification of structures located in marine waters including piers, breakwater, submerged obstacles, pipelines and platforms. (C) Based on information that the grant recipient currently possesses, identification of those areas where, from the perspective of the grant recipient, oil spills are most likely to occur. (2) Identification of Facilities and local Areas of Major Concern to the Local Government. This subsection shall contain information on facilities, areas of commercial interest, and public and private recreational areas which could be impacted by a marine oil spill and are of major concern to the local government. For purposes of this subsection "facility" means any public or private utility or plant that requires water intake from, or discharge systems into, marine waters and which, if disrupted, would significantly impact the public health and safety. This could include, but is not limited to, water treatment plants, power plants, and desalination plants. The listing or identification of facilities should include the location of the facility and the location of water intakes and discharges that may need to be protected during an oil spill. Additionally, this subsection may include: (A) A prioritization of those facilities, areas of commercial interest, and public and private recreational areas within the jurisdiction of the local governments, that are of major concern during an oil spill. This includes the following: 1. A prioritization of those facilities that may be impacted by an oil spill which, if impacted, pose a potential threat to the public health and safety. 2. A prioritization of areas of economic or commercial interest, and public/private recreational interest including, but not limited to, mariculture, commercial fisheries, commercials ports, recreational areas and tourist areas. Note: Authority cited: Sections 8670.25.5, 8670.35, 8670.38, 8670.39 and 8670.40, Government Code. Reference: Section 8670.35, Government Code. s 852.62.3. Submittal and Approval of Local Oil Spill Contingency Plan Elements. (a) The oil spill contingency plan element completed, updated, or revised pursuant to the Grant Agreement, must be submitted within 180 calendar days after the execution of the Grant Agreement, or upon a schedule agreed to by the Administrator. Each submittal shall be made with an original and at least two copies. Extensions for submittal may be granted at the discretion of the Administrator. (b) An element shall be approved if it adequately addresses the minimum planning requirements specified in Section 852.62.2 of this subchapter, or addresses all of the minimum planning requirements required to be addressed pursuant to the Grant Agreement. The Administrator shall have ninety (90) calendar days, from the date of submission, in which to review the element and make an approval determination. (c) If upon review the element is not approved, the plan shall be returned to the grant recipient that prepared it, specifying the basis of disapproval and identifying the items which must be addressed before the element may be approved. The grant recipient shall have ninety (90) calendar days within which to resubmit the plan, and address all concerns. Failure to do so will result in disapproval of the project. Upon disapproval, the funds withheld pursuant to Section 852.61.12(b) of this subchapter shall be forfeited. Such forfeitures shall revert to the Fund. (d) Upon approval of the element, the grant recipient shall submit a final report pursuant to Section 852.61.11(g) of this subchapter. Note: Authority cited: Sections 8670.35, 8670.38, 8670.39 and 8670.40, Government Code. Reference: Section 8670.35, Government Code. s 870.15. Definitions. In addition to the definitions in Chapter 1, Section 790 of this Subdivision, the following definitions shall govern the construction of this subchapter. Where similar terms are defined, the following will supersede the definition in Chapter 1: (a) "Board" means the State Board of Equalization. (b) "Fee" means the fees imposed pursuant to Article 6 (commencing with Section 8670.38) of Chapter 7.4, Division 1, Title 2 of the Government Code and deposited in the Oil Spill Prevention and Administration Fund in the State Treasury. (c) "Marine Waters", for this subchapter, means those waters subject to tidal influence, including the waterways used for waterborne commercial vessel traffic to the Port of Stockton and the Port of Sacramento. Other waterways upstream of a line running north and south through the point where Contra Costa, Sacramento and Solano Counties meet, are not "marine waters". (d) "Petroleum products" means any petroleum-based liquid hydrocarbon at atmospheric temperature and pressure that is the product of the fractionation, distillation, or other refining or processing of crude oil and that is used as, useable as, or may be refined as, a fuel or fuel blendstock, including, but not limited to, gasoline, diesel fuel, aviation fuel, bunker fuel, and alcohol fuels containing petroleum products. Note: Authority cited: Sections 8670.39, 8670.40 and 8670.41, Government Code. Reference: Sections 8670.40 and 8670.41, Government Code. s 870.17. Payment of Fees. (a) Oil transported by tank vessel or pipeline The Administrator shall impose a fee on the oil transported by tank vessel or pipeline. The fee shall not exceed 5 cents ($0.05) per barrel of crude oil or petroleum products. (1) Oil/Petroleum products transported by tank vessel: The fee shall be imposed upon every person owning crude oil at the time that the crude oil is received at a marine terminal from within or outside the state, and upon every person owning petroleum products at the time that those petroleum products are received at a marine terminal from outside the state. The fee shall be collected by the marine terminal operator from the owner of the crude oil or petroleum products based on each barrel of crude oil or petroleum products so received by means of a vessel operating in, through, or across the marine waters of the state. (2) Oil transported by pipeline: In addition, every operator of a pipeline shall pay the fee for each barrel of crude oil originating from a production facility in marine waters and transported in the state by means of a pipeline operating across, under or through the marine waters of the state. (b) Nontank vessel fee The Administrator shall impose a fee per nontank vessel, to be collected with each new or renewal application to obtain a certificate of financial responsibility. The fee shall be levied as follows: (1) Operator(s) or owner(s) of nontank vessels with a carrying capacity of over 6,500 barrels, or over 7,500 barrels for nontank vessels owned and operated by California or a federal agency, shall submit a nonrefundable USD $2,500 fee per vessel, or (2) Operator(s) or owner(s) of nontank vessels that have a carrying capacity greater than 500 barrels of oil and less than or equal to 6,500 barrels of oil, or a carrying capacity greater than 500 barrels of oil and less than or equal to 7,500 barrels of oil for nontank vessels owned and operated by California or a federal agency, shall submit a nonrefundable USD $1,500 fee per vessel, or; (3) Operator(s) or owner(s) of nontank vessels that have a carrying capacity of 500 barrels of oil or less shall submit a nonrefundable USD $500 fee per vessel. (4) Do no deduct any processing fees from the per vessel fee. Note: Authority cited: Sections 8670.39(b), 8670.40 and 8670.41, Government Code. Reference: Sections 8670.40(a) and (b) and 8670.41, Government Code. s 870.19. Determination of Fee on Oil Transported by Tank Vessel or Pipeline. (a) The fee imposed on the oil transported by tank vessel or pipeline shall be set at 5 cents ($0.05) per barrel of crude oil or petroleum products on January 20 of each year. In no event will the fee exceed 5 cents per barrel. (b) On or before January 20, the Administrator shall annually prepare a plan that projects revenues and expenses over three fiscal years, including the current year. Based on that plan, the Administrator shall set the fee so that the projected revenues, including any interest, are equivalent to expenses over the period covered by the plan. In setting the fee, the Administrator may allow for a surplus if the Administrator finds that revenues will be exhausted during the period covered by the plan or that a surplus is necessary to cover possible contingencies. (1) Based upon the January 20 assessment, the Administrator may authorize the collection of a fee lower than 5 cents ($0.05) if the lower fee will result in the collection of sufficient monies during that state fiscal year to fund the purposes set forth in Section 870.21. (2) The Administrator may suspend collection of the lower fee at any time. If the lower fee is suspended, the fee level shall return to 5 cents ($0.05) per barrel of crude oil or petroleum product and shall remain at the increased level for the balance of the fiscal year. (c) Whenever the Administrator determines that the fee level shall be changed, the Administrator shall notify the Board in writing within 5 days of making the determination. The Board shall then notify feepayors of the new fee level within 30 days of receiving the determination from the Administrator. The new fee level shall then become effective 30 days after the feepayors have been notified by the Board. (d) The data used to determine the fee level shall be provided by the Administrator to interested parties upon request. Note: Authority cited: Section 8670.39(b) and 8670.40, Government Code. Reference: Section 8670.40(a), Government Code. s 870.21. Fee Usages. The fee on oil transported by tank vessel or pipeline shall be collected by the Board. All fees levied under this chapter shall be deposited in the Oil Spill Prevention and Administration Fund in the State Treasury. Money in this fund shall be used only for the following purposes: (a) to implement oil spill prevention programs and to conduct research into prevention and control technology; (b) to carry out studies which may lead to improved oil spill prevention and response; (c) to finance environmental and economic studies relating to the effects of oil spills; (d) to reimburse the member agencies of the State Interagency Oil Spill Committee for costs arising from implementation of Article 3.5 (commencing with Section 8574.1) of Chapter 7 and Chapter 7.4 (commencing with Section 8670.1) of Division 1, Title 2 of the Government Code, and Division 7.8 (commencing with Section 8750) of the Public Resources Code; (e) to implement, install, and maintain emergency programs, equipment, and facilities to respond to, contain, and clean up oil spills and to ensure that those operations will be carried out as intended; (f) to respond to an imminent threat of a spill in accordance with the provisions of Government Code Section 8670.62 pertaining to threatened discharges. The cumulative amount of any expenditure for this purpose shall not exceed one hundred thousand dollars ($100,000) in any fiscal year unless the Administrator receives the approval of the Director of Finance and notification is given to the Joint legislative Budget Committee. (g) to reimburse the Board for costs incurred in the collection of fees pursuant to Chapter 7.4 (commencing with Section 8670.1) of Division 1, Title 2 of the Government Code and Part 24 (commencing with Section 46001) of Division 2 of the Revenue and Taxation Code; (h) to reimburse the costs incurred by the California State Lands Commission in implementing the Oil Transfer and Transportation Emission and Risk Reduction Act of 2002 (Division 9 (commencing Section 8780) of the Public Resources Code); (i) to reimburse the Oil Spill Technical Advisory Committee for costs associated with Article 8 (commencing with Section 8670.54) of Chapter 7.4, Division 1, Title 2 of the Government Code; (j) to provide a reasonable reserve for contingencies. Note: Authority cited: Sections 8670.39(b) and 8670.40, Government Code. Reference: Sections 8670.4, 8670.40 and 8670.56, Government Code. s 873. Purpose and Scope. This subchapter establishes policies and procedures for the Administrator to take administrative compliance actions pursuant to Government Code Sections 8670.67, 8670.67.5 and 8670.68. Note: Authority cited: Sections 8670.68 and 11400.20, Government Code. Reference: Sections 8670.67, 8670.67.5, 8670.68 and 11400.20, Government Code. s 873.1. Definitions. In addition to definitions found in Government Code Section 8670.3 and Chapter 1 of this subdivision, the following definitions govern the construction of this subchapter. (a) "Environment" means the total human surroundings, physical and biological, natural and artificial, and air, water, soil, plants, wildlife, and other ecological factors affecting the growth, development, and safety of people and other living organisms. (b) "Notice to Comply" means a written alternative to issuing a Complaint for Class 1 violation, which alleges a violation that does not assess a penalty. (c) "Respondent" means any person against whom a Notice to Comply or a Complaint is filed, pursuant to the provisions of this subchapter. (d) "Threat", for purposes of this subchapter, means an act or failure to act, the result of which could, by itself or in combination with other acts, endanger the public health and safety or harm the environment. (e) "Wildlife" means and includes all wild animals, birds, plants, fish, amphibians, and related ecological communities, including the habitat upon which the wildlife depends for its continued viability. Note: Authority cited: Sections 8670.68 and 11400.20, Government Code. Reference: Section 711.2, Fish and Game Code; and Sections 8670.56.5, 8670.67 and 8670.68, Government Code. s 873.2. General Provisions. (a) The Administrator may take administrative compliance actions for violations of Chapter 7.4 of the Government Code (commencing with Section 8670.1) or Division 7.8 of the Public Resources Code (commencing with Section 8750) and any regulations, permits, or orders, issued or promulgated pursuant to those provisions. (b) Each calendar day or partial day that a violation occurs shall be considered a separate violation. (c) Twenty-five (25%) percent of any penalty collected under this subchapter shall be paid to the Office of Oil Spill Prevention and Response. The Administrator may allocate the amount collected among those state, county, or local agencies participating and assisting in the prosecution of the action in accordance with the relative personnel costs and other costs incurred. (d) Except as provided in Government Code Section 8670.67(c), administrative actions taken pursuant to this subchapter shall be separate and in addition to, and do not supersede or limit, any and all other administrative, civil or criminal actions or remedies. Note: Authority cited: Section 8670.68, Government Code. Reference: Sections 8670.61, 8670.62, 8670.66, 8670.67, 8670.67.5, 8670.68, 8670.68.5 and 8670.69.4, Government Code. s 873.3. Classification of Violations. (a) Any violation of any provision of Chapter 7.4 of the Government Code (commencing with Section 8670.1) or Division 7.8 of the Public Resources Code (commencing with Section 8750) or any regulations, permits, or orders, issued or promulgated pursuant to those sections shall be assigned one of the following violation classifications: (1) "Class 1 violation" means a violation that, singly or in combination with other acts, could not: (A) cause an unauthorized discharge of oil; or (B) substantially increase the risk of an unauthorized discharge of oil; or (C) create a threat to public health and safety or the environment. (2) "Class 2 violation" means a violation that in combination with other acts or over time, could reasonably or forseeably cause, or increase the risk of an unauthorized discharge of oil or pose a threat to public health and safety or the environment. (3) "Class 3 violation" means a violation that has resulted in an unauthorized discharge of oil or posed a substantial threat to public health and safety or the environment. (b) Cumulative Violations. (1) If the respondent has committed three (3) Class 1 violations in any twelve-month period, or five (5) in any 24-month period, or seven (7) in any 36-month period, that series of violations may be considered a single Class 2 violation. (2) If the respondent has committed three (3) Class 2 violations in any twelve-month period, or five (5) in any 24-month period, or seven (7) in any 36-month period, that series of violations may be considered a single Class 3 violation. (3) If the respondent has committed two (2) or more Class 2 violations at the same time which, taken together, could directly result in a discharge of oil or pose a threat to the public health and safety or the environment, then each violation shall be considered a separate Class 2 violation and the total combination of violations may be considered a Class 3 violation. (c) The administrative compliance actions taken for Class 1, Class 2 and Class 3 violations are as follows: (1) Class 1 violation: A Notice to Comply or an administrative civil penalty which shall not exceed $10,000 for each violation. (2) Class 2 violation: an administrative civil penalty which shall not exceed $25,000 for each violation. (3) Class 3 violation: an administrative civil penalty which shall not exceed $100,000 for each violation. Note: Authority cited: Sections 8670.7, 8670.67 and 8670.68, Government Code. Reference: Sections 8670.67 and 8670.68, Government Code. s 873.4. Notice to Comply. (a) The Administrator may issue a Notice to Comply to any person as an alternative to a Complaint for a Class 1 violation, subject to subsection (b). (b) A Notice to Comply shall clearly state the facts or failures to act that constitute the alleged violation. Where appropriate, a Notice to Comply may require a time in which to comply and include a proposed means by which compliance may be achieved. The Administrator may require a person to provide proof of compliance. (c) Failure to comply with a Notice to Comply within the time allowed may be considered a violation of this subchapter. (d) If a person who receives a Notice to Comply disagrees with one or more of the alleged violations cited in the notice, the person shall provide written objection(s) to the Administrator within 10 business days from the date of the receipt of the Notice to Comply. The Administrator shall review the written objections within 90 days of their receipt. Results of this review may include, but are not limited to, rescinding the Notice to Comply, scheduling an informal settlement conference, or issuing a Complaint. If, upon review, the Administrator issues a Complaint and assesses an administrative civil penalty on the basis of the disputed violation, a hearing may be requested, and shall be conducted, in the manner set forth in Article 2 of this subchapter. (e) Notwithstanding subsection (a), the Administrator shall not issue a Notice to Comply for any knowing, willful, or intentional violations; for any violation that enables the violator to benefit economically from noncompliance, either by realizing reduced costs or by gaining a competitive advantage; or for any violation that is a chronic violation; or for any violation that is committed by a recalcitrant violator. (f) In determining whether a violation is chronic or a violator is recalcitrant, for purposes of subsection (e), the Administrator shall consider whether there is evidence indicating that the violator has engaged in a pattern of neglect or disregard for the requirements of this subdivision. (g) Pursuant to subsection (a), the respondent to a Notice to Comply shall: (1) sign the Notice to Comply and return it to the Administrator within 10 business days or acknowledge the Notice to Comply in a writing, which contains all the information in the Notice to Comply and return it to the Administrator within 10 business days, (2) within the time for compliance stated in the Notice to Comply, the recipient shall submit a statement to the Administrator detailing the steps by which compliance has been achieved. A false statement that compliance has been achieved is a violation of this subchapter pursuant to Sections 8670.65, 8670.66, or 8670.67 of the Government Code. (h) Nothing in this subchapter shall be construed to restrict or limit the Administrator's ability to take any other action authorized by law. Note: Authority cited: Sections 8670.7, 8670.67 and 8670.68, Government Code. Reference: Sections 8670.67 and 8670.68, Government Code. s 873.5. Administrative Compliance Actions: Government Code Section 8670.67. (a) The Administrator may issue a Complaint and assess a civil penalty upon any person who intentionally or negligently: (1) fails to follow the effective plan (as that term is defined in Title 14, California Code of Regulations Section 815.05), or the direction or orders of the Administrator, or the United States Coast Guard (USCG), in connection with an oil spill, except as provided in Government Code Section 8670.27. (2) fails to notify the USCG that a vessel (as defined in Government Code Section 8670.20(a)) is disabled within one hour of a disability if, while disabled, the vessel causes a discharge of oil into marine waters. (3) discharges or spills oil into, or which enters California marine waters unless the discharge is authorized by the United States, the State, or other agency with appropriate jurisdiction. (4) fails to immediately begin cleanup, abatement, or removal of spilled oil in the manner prescribed by Section 8670.25 of the Government Code. (5) fails to comply with the provisions of Chapter 7.4 of the Government Code (commencing with Section 8670.1) or Division 7.8 of the Public Resources Code (commencing with Section 8750) and any regulations, permits or orders issued or promulgated pursuant to those sections. Note: Authority cited: Sections 8670.7, 8670.67 and 8670.68, Government Code. Reference: Sections 8670.20, 8670.67 and 8670.68, Government Code. s 873.6. Administrative Compliance Actions: Public Resources Code. (a) Upon the request of the Executive Officer of the State Lands Commission (Executive Officer) the Administrator may issue an administrative civil Complaint and assess an administrative civil penalty upon any person who intentionally or negligently fails to comply with: (1) Marine Terminals Inspection and Management regulations found in Title 2 California Code of Regulations Sections 2300 et seq.; (2) Marine Terminal Personnel Training and Certification regulations found in Title 2 California Code of Regulations Sections 2540 et seq.; (3) any other provision of Division 7.8 of the Public Resources Code (commencing with Section 8750) and any other regulations, regulatory amendments, permits or orders issued or promulgated pursuant to these Public Resources Code sections. (b) The Administrator shall consult with the Executive Officer regarding costs, penalties, settlements, allocations, and other matters related to actions taken pursuant to subsection (a). Note: Authority cited: Sections 8670.7 and 8670.67, Government Code. Reference: Sections 8752-8760 (inclusive), Public Resources Code; and Sections 8670.20, 8670.25, 8670.27, 8670.67, 8670.68 and 8670.69.4, Government Code. s 873.7. Discharge of Oil; Administrative Civil Liability; Government Code Section 8670.67.5. In addition to any penalty assessed pursuant to Section 873.3 of this subchapter: (a) Without regard to intent or negligence, any person who causes or permits oil to be spilled or discharged shall be strictly liable for a civil penalty assessed for up to ten dollars ($10.00) per gallon for every gallon of spilled or discharged oil. (b) Whenever the spill or discharge results from gross negligence or reckless misconduct, the Administrator shall assess a civil penalty at thirty dollars ($30.00) per gallon of spilled or discharged oil. (c) Any civil penalty assessed pursuant to either subsection (a) or (b) shall be reduced for every gallon of spilled oil that is: (1) recovered; and (2) properly reprocessed, reused, and/or disposed of in accordance with applicable laws. (d) The Administrator shall take into consideration the nature, circumstances, extent and gravity of the spill, including the spiller's efforts to prevent, abate or clean up a discharge, when determining the appropriate penalty amounts. (e) The determination of the amount of oil recovered shall be conducted pursuant to the provisions of Title 14 California Code of Regulations, Sections 877, et seq. Note: Authority cited: Sections 8670.7 and 8670.67.5, Government Code. Reference: Section 8670.67.5, Government Code. s 873.8. Damages. [R eserved ] s 874. Purpose and Scope. These procedural rules shall govern all hearings held pursuant to this subchapter. Note: Authority cited: Section 8670.68, Government Code. Reference: Section 8670.68, Government Code. s 874.1. Complaint. The Administrator may issue a Complaint upon any person on whom administrative civil liability may be imposed pursuant to Section 8670.67 or 8670.67.5. The Complaint shall: (a) allege the facts or failures to act which constitute the basis for liability and contain the amount of the proposed civil penalty; (b) be served by personal service or certified mail; (c) inform the party so served of the right to a hearing; (d) include a reference to laws and regulations governing the administrative civil penalty adjudication process; and (e) include a document to serve as respondent's "Notice of Defense." Note: Authority cited: Section 8670.68, Government Code. Reference: Section 8670.68, Government Code. s 874.2. Notice of Defense; Request for Hearing. (a) Any person served with a Complaint may, within 10 business days after service, request a hearing by filing a Notice of Defense. (b) A Notice of Defense is deemed to be filed if it is postmarked within 10 business days after service. (c) A hearing requested by the respondent shall be conducted within 90 days after the Notice of Defense is received by the Administrator. (d) If a Notice of Defense has not been filed within 10 business days after service of the Complaint, the Administrator shall issue an order setting liability in the amount proposed in the Complaint, or if the Administrator and the party have entered into a settlement agreement, the Administrator shall issue an order setting liability in the amount specified in the settlement agreement. (e) If the party has not filed a Notice of Defense or if the Administrator and the party have entered into a settlement agreement, the Administrator's order shall: (1) set the liability in the amount as specified in the Complaint or settlement; and (2) shall not be subject to review by any court or agency. Note: Authority cited: Section 8670.68, Government Code. Reference: Sections 1013(a) and 2015.5, Code of Civil Procedure; and Section 8670.68, Government Code. s 874.3. Hearing Procedures. (a) Any hearing required under this subchapter shall be conducted by an independent hearing officer according to the procedures specified in Government Code Sections 8670.68 and 11507 to 11517, inclusive, and those statutes incorporated by reference in Section 874.4 of this Article. Where conflicts occur among the above-referenced statutes, the provisions set forth in Government Code 8670.68 shall control. (b) The independent hearing officer shall take into consideration the nature, circumstances, extent and gravity of the violation, including those factors set forth below, when reviewing the proposed penalty. (1) the degree of the respondent's negligent, grossly negligent, reckless, or intentional conduct; (2) the actual or threatened harm to the public health and safety or the environment; (3) the volume of oil discharged; (4) the respondent's past and present efforts, including compliance history, to prevent, abate, or clean up a discharge or conditions posing a threat to the public health and safety, fish and wildlife, or the environment; (5) the respondent's ability to pay the proposed civil penalty; (6) prior actions brought against the respondent pursuant to this subchapter. Note: Authority cited: Section 8670.68, Government Code. Reference: Section 8670.68, Government Code. s 874.4. Incorporation by Reference. (a) Unless inconsistent or in conflict with the governing statutes or this subchapter, and to the extent that they govern administrative civil penalty adjudication procedures, the following statutes are incorporated by reference: (1) Definitions: Government Code Sections 11405.10 through 11405.80. (2) Governing Procedures: Government Code Sections 11415.10 through 11415.60. (3) Alternative Dispute Resolution: Government Code Sections 11420.10 through 11420.30. (4) Ex Parte Communications: Government Code Sections 11430.10 through 11430.80. (5) Alternative Service of Documents (excluding Complaint): Government Code Section 11440.20. (6) Hearings by Teleconference: Government Code Section 11440.30. (7) Informal Hearing Procedures: Government Code Sections 11445.10 through 11445.60. (8) Subpoenas: Government Code Sections 11450.05 through 11450.50. (9) Enforcement and Sanctions: Government Code Sections 11455.10 through 11455.30. Note: Authority cited: Sections 8670.68 and 11400.20, Government Code. Reference: Sections 8670.68, 11405.10-11405.80, 11415.10-11415.60, 11420.10-11420.30, 11430.10-11430.80, 11440.20, 11440.30, 11445.10-11445.60, 11450.05-11450.50 and 11455.10-11455.30, Government Code. s 874.5. Order Setting Civil Penalty. (a) After conducting any hearing required under this subchapter, the independent hearing officer shall issue a decision, including an order setting the amount of civil penalty to be imposed, within 30 days after the case is submitted. (b) Orders setting civil liability issued pursuant to this section shall become effective and final upon issuance, and payment shall be made within 30 days of issuance. (c) Copies of the orders shall be served by personal service or by certified mail upon the party served with the Complaint and upon other persons who appeared at the hearing and requested a copy. (d) Any order for administrative civil penalties entered pursuant to this section shall be subject to interest at the legal rate (as defined in Code of Civil Procedure Section 685.010) from the time of service of the Complaint. Note: Authority cited: Section 8670.68, Government Code. Reference: Section 8670.68, Government Code. s 874.6. Review of Decision. (a) Within 30 days after service of a copy of a decision issued by the independent hearing officer, a party to the action, or a person appearing at the hearing and served with a copy of the decision, may file a petition for writ of mandate for review of the decision with a court of appeal. (1) The filing of a petition for writ of mandate shall not stay any corrective action required pursuant to the Act or the accrual of any penalties assessed pursuant to the Act and does not prohibit the court from granting any appropriate relief within its jurisdiction. (2) Any person who fails to file the petition within the 30-day period may not challenge the reasonableness or validity of a decision or order of the independent hearing officer in any judicial proceedings brought to enforce the decision or order or for other remedies. (b) Except as otherwise provided in this article, Section 1094.5 of the Code of Civil Procedure shall govern any proceedings conducted pursuant to this section. (c) In all proceedings pursuant to this subchapter, the court shall uphold the decision of the independent hearing officer if the decision is based upon substantial evidence in the whole record. Note: Authority cited: Section 8670.68, Government Code. Reference: Section 8670.68, Government Code; and Section 1094.5, Code of Civil Procedure. s 877. Purpose and Scope. The regulations in this subchapter set forth the methods for determining the amount of liquid petroleum hydrocarbons (oil) recovered. These methods will be used to determine the number of gallons of discharged liquid petroleum hydrocarbon that are recovered and properly disposed of in accordance with applicable law. The term "disposed of" shall include liquid petroleum hydrocarbon that is reprocessed, recycled, or otherwise utilized as an ingredient in the manufacture of petroleum products or other products. s 877.1. Exception. (a) Unless otherwise agreed to, the amount of petroleum hydrocarbons recovered shall be determined pursuant to Sections 877.3, 878, 879 and 880. The Responsible Party and the Administrator may use an alternative method to the method described in these sections. This alternative method shall be agreed to at the time of the incident and shall be included in the Incident Action Plan or as an attachment thereto. (b) Not withstanding Section 877.1(a), the Administrator and Responsible Party or potentially Responsible Party shall not be precluded from entering into a binding agreement whereby the parties stipulate to the amount of oil spilled and/or recovered. Such agreement shall be binding on the parties for purposes of a civil penalty action. Stipulations may be entered into where the parties determine that it is in the interest of justice to do so to facilitate resolution of the response. Note: Authority cited: Sections 8670.67.5, Government Code. Reference: Section 8670.67.5, Government Code. s 877.2. Definitions. In addition to the definitions provided by Section 790 of Title 14, the following definitions shall govern this subchapter. These definitions shall supercede any duplication in Section 790, Title 14: (a) 'APT' refers to the American Petroleum Institute. The American Petroleum Institute, in conjunction with the American Society for Testing and Materials (ASTM), American National Standards Institute (ANSI), British standards Institute (BSI) and the Institute of Petroleum (IP), has developed standardized methods and formulas to calculate measured quantities of petroleum fluids regardless of point of origin, destination or unit of measure used by custom or statute. (b) "ASTM" refers to the American Society for Testing and Materials. It is a scientific and technical organization formed for the development of standards on characteristics and performance of materials, products systems and services. (c) "EPA" refers to the United States Environmental Protection Agency. (d) "EPA Method 8015A" is a procedure used to determine the concentration of various volatile organic compounds. EPA Method 8015A, Nonhalogenated Volatile Organics by Gas Chromatography, July 1992, is hereby incorporated by reference. (e) "EPA Method 8270B" is a procedure used to determine the concentration of semi-volatile organic compounds. EPA Method 8270B. Semivolatile Organic Compounds by Gas Chromatography/Mass Spectrometer (GC/MS): Capillary Column Technique. September 1994, is hereby incorporated by reference. (f) "EPA Method 3550A" is a procedure used for extracting non-volatile and semi-volatile organic compounds from solids such as soils, sludges and wastes. EPA Method 3550A, Ultrasonic Extraction. September 1994, is hereby incorporated by reference. (g) "EPA Method 3550B" is a procedure used for extracting non-volatile and semi-volatile organic compounds from solids such as soils, sludges and wastes. EPA Method 3540B, Soxhlet Extraction, September 1994, is hereby incorporated by reference. (h) "Flame Ionization Detector (FID)" is a detector, used in combination with a Gas Chromatograph, to analyze for saturated hydrocarbons, alkanes, alkenes and unsaturated hydrocarbons. (i) "Gas Chromatography (GC)" is an analytical technique used to determine the sample concentration of organic constituents including total petroleum hydrocarbons (TPH) in environmental media. (j) "Gauge" refers to the act of manually measuring the height of liquid in a tank expressed in feet, inches and fractions of inches or other appropriate units. (k) "Incident Action Plan" is a document that contains objectives reflecting the overall incident strategy and specific tactical actions and supporting information for the next operational period. The Plan may be oral or written. (l) "Recover" or "Recovered" refers to the amount of oil either removed or taken out of the environment after a spill. This does not include material lost to natural evaporation, or dispersion, in situ burning, or the use of chemical dispersants. (m) "Sorbents" refers to manmade substances or materials that preferentially absorb or adsorb petroleum hydrocarbons. Sorbents typically include but are not limited to booms and pads. (n) "TPH" refers to total petroleum hydrocarbons. It is a term used to describe the amount of petroleum hydrocarbons with are contained in a solid sample or sediment as a number that may be converted to units of volume or mass. Note: Authority cited: Sections 8670.67.5, Government Code. Reference: Section 8670.67.5, Government Code. s 877.3. Recovery of Liquid Petroleum Hydrocarbons. (a) All material shall be collected and stored at locations that shall be identified and approved by the Unified Command as defined in Section 790(c)(3), Title 14, prior to use. (b) A storage location conforming to approved methods for the storage of liquid petroleum hydrocarbons (LPH), which is a measured volume of recovered product or crude oil, shall be pre-identified and verified by the Unified Command (UC) as empty. If it is necessary to use a storage location that already contains LPH, water, or a combination of both, the type of product shall be determined and sampled according to API approved standards in advance and pre-gauged using API approved gauging methods. The petroleum hydrocarbon mixture shall be collected and separated. Gauge readings shall be taken until two (2) gauge readings are identical. (c) The total volume of liquid petroleum hydrocarbons recovered shall be designated at V1. Note: Authority cited: Sections 8670.67.5, Government Code. Reference: Section 8670.67.5, Government Code. s 878. Sampling Analysis and Calculation of Petroleum Hydrocarbons in Contaminated Sediment. (a) All contaminated material shall be collected and stored at locations that shall be identified and approved by the Unified Command prior to use. (b) The Unified Command, or their representatives, shall develop a statistically sound sampling and analysis plan, agreed upon by all parties, that shall be used in qualifying recovered petroleum hydrocarbons. At a minimum, the sampling plan shall include, but not be limited to, the number of samples to be collected, the sampling methodology to be used, and the methods for quantifying sediment and TPH, and moisture. (c) Samples shall be collected in pre-cleaned glass containers. Samples shall not be collected in plastic containers. (d) For the TPH extraction method, applicable EPA or ASTM methods, such as EPA Method 3550A, shall be used. (e) For quantification of TPH, applicable EPA or ASTM methods, such as EPA Method 8015A by gas chromatography flame ionization detector or EPA Method 8270B shall be used. (f) The following calculation shall be used to determine the total amount of petroleum hydrocarbons: Vs = volume of petroleum hydrocarbons recovered in contaminated sediment Ws = total weight of sediment Cps = concentration of petroleum hydrocarbons in sediment (from TPH analysis) Dp = density of petroleum hydrocarbon Vs = (Ws) x (Cps) x (1/Dp) Note: Authority cited: Sections 8670.67.5, Government Code. Reference: Section 8670.67.5, Government Code. s 879. Sorbents and Debris. (a) All contaminated material shall be collected and stored at locations that shall be identified and approved by the Unified Command prior to use. Sorbents and Debris shall be segregated. (b) The following methods may be used to determine the amount of recovered petroleum hydrocarbons: (1) Alternative Number 1. (A) The petroleum hydrocarbons and water shall be extracted using pressure or other extraction method. a water deluge may be used to effect this process, subsequent to approval by the Unified Command. The petroleum hydrocarbon mixture shall be collected and separated. The petroleum hydrocarbons shall be gauged using API approved gauging methods. Gauge readings shall be taken until two (2) gauge readings are identical. (2) Alternative Number 2. (A) The Unified Command, or their representatives, shall develop a statistically sound sampling and analysis plan, agreed upon by all parties, that shall be used in quantifying recovered petroleum hydrocarbons. At a minimum, the sampling plan shall include, but not be limited to, the number of samples to be collected, and the sampling methodology to be used and the methods for quantifying the sorbent, TPH and moisture. (B) Samples shall be collected in pre-cleaned glass containers. Samples shall not be collected in plastic containers. (C) For the TPH extraction method, applicable EPA or ASTM methods, such as EPA Method 3550A, shall be used. (D) For quantification of TPH, applicable EPA or ASTM methods, such as EPA Method 8015A by gas chromatography flame ionization detector or EPA Method 8270B shall be used. (E) The following calculation shall be used to determine the total amount of petroleum hydrocarbons: Vpsb = volume of petroleum hydrocarbons recovered in sorbents Cps = concentration of petroleum hydrocarbons reported in sorbent pads as TPH Cpb = concentration of petroleum hydrocarbons reported in sorbent boom as TPH Co = concentration of petroleum hydrocarbons reported in sorbent type other than booms or pads as TPH Wp = total weight of sorbents pads Wb = total weight of boom Wo = total weight of other sorbent type Dh = density of petroleum hydrocarbons Vpsb = {[(Cps) x (SWp)]} + {[(Cpd) x (Wb) + (Co x Wo)]} x (1/Dh) (c) Debris. The following methods may be used to determine the amount of recovered petroleum hydrocarbons: (1) Alternative Number 1. (A) The oily debris shall be washed using water deluge, subsequent to approval by the Unified Command. The petroleum hydrocarbon and water mixture shall be collected and separated. The petroleum hydrocarbons shall be gauged using AOI approved gauging methods. Gauge readings shall be taken until two (2) gauge readings are identical. (2) Alternative Number 2. (A) The oily debris shall be collected and homogenized (by grinding or equivalent to effect total homogenization). (B) The Unified Command, or their representatives, shall develop a statistically sound sampling and analysis plan, agreed upon by all parties, that shall be used in quantifying recovered petroleum hydrocarbons. At a minimum, the sampling plan shall include, but not be limited to, the number of samples to be collected, and the sampling methodology to be used and the methods for quantifying the oily debris, TPH and moisture. (C) Samples shall be collected in pre-cleaned glass containers. Samples shall not be collected in plastic containers. (D) For the TPH extraction method, applicable EPA or ASTM methods, such as EPA Method 3550A, shall be used. (E) For quantification of TPH, applicable EPA or ASTM methods, such as EPA Method 8015A by gas chromatography flame ionization detection or EPA Method 8270B shall be used. (F) The following calculation shall be used to determine the total amount of petroleum hydrocarbons: Vpd = volume of petroleum hydrocarbons recovered in debris Cpd = concentration of petroleum hydrocarbons reported as TPH Wd = total weight of debris Dh = density of petroleum hydrocarbon Vpd = [(Cpd) x (Wd)] x (1/Dh) Note: Authority cited: Sections 8670.67.5, Government Code. Reference: Section 8670.67.5, Government Code. s 879.5. [Reserved.] s 880. Calculation for Total Recovery of Petroleum Hydrocarbons. The total recovery of petroleum hydrocarbons (Vr) shall be the sum of the total volume of petroleum hydrocarbons from contaminated sediment (Vs), sorbents (Vpsb), and debris (Vpd), and liquid petroleum hydrocarbons (V1) reported in gallons. Vr = Vs + Vsb + Vd + V1 Note: Authority cited: Sections 8670.67.5, Government Code. Reference: Section 8670.67.5, Government Code. s 884. Purpose and Scope. This subchapter sets forth the requirements for the licensing and use of oil spill cleanup agents (OSCA). Licensing criteria are established based on the level of toxicity imposed by a given agent. The protocols for using an OSCA are based on the sensitivity of the habitat in which the agent may be used. The regulations in this subchapter provide specific forms that must be completed by the applicant, and require that the OSCA license be renewed once every five years. Certain products will be considered exempt from the licensing process, but the applicant must petition the Administrator for an exemption to assure that exempted products will be nontoxic in the aquatic environment. In addition to the regulations in this subchapter, the licensing process will be governed by the criteria and protocols in the "Guidance Document for the Exemption, License and Renewal of Oil Spill Cleanup Agents", dated 1/1/98 (Guidance Document), and herein incorporated by reference. The use criteria for dispersants will be governed by the requirements in this subchapter and the criteria in the "Quick Approval Process for Dispersant Use in Waters Off California", dated 4/14/97, and herein incorporated by reference. Note: Authority cited: Section 8670.13.1, Government Code. Reference: Sections 8670.13.1 and 8670.13.2, Government Code. s 884.5. Definitions and Abbreviations. In addition to the definitions found in Government Code s 8670.3, and Chapter 1, of this subdivision, the following definitions shall govern the construction of this subchapter. (a) "Aquatic toxicity" means that the survivorship of the test organisms in the treatment exposure is less than 90% of those in the control group. Testing to determine if an agent causes aquatic toxicity shall be done in accordance with the testing protocols in the Guidance Document. (b) "Bioremediation agent" or "bioremediant" means an OSCA which contains oil-degrading bacteria that serve a seeding function, or nutrients that serve to enhance the growth of naturally occurring bacteria. These agents are deliberately introduced into an oil discharge to increase the rate of biodegradation in an effort to mitigate the effects of the discharge. (c) "Collecting agent" means a type of OSCA, the function of which is to absorb, congeal, gel or emulsify oil. The end product of these actions is an agent-oil mass that remains afloat for later collection or burning. Collecting agents include; emulsion treating agents, herding agents, elasticity modifiers, and sorbents. (d) "Dispersing agent" or "dispersant" means a type of OSCA, the function of which is to reduce the interfacial surface tension between oil and water. Dispersing agents are surfactant-based chemical compounds, and are composed of both water and oil compatible constituents which allow oil particles to more easily enter the water column. (e) "EC50" mans Effects Concentration 50, and is the concentration at which 50% of the test organisms display an effect or response to the product being tested during the course of a specified and predetermined time period (e.g. 96 hours). (f) "Guidance Document" means the Guidance Document for the Exemption, License and Renewal of Oil Spill Cleanup Agents, dated 1/1/98, which is incorporated by reference herein. This document contains the required exemption, license and renewal forms and the instructions for their completion and use. (g) "LC50" means the median Lethal Concentration 50, and is the concentration at which 50% of the test organisms die during the course of a specified and predetermined time period (e.g. 96 hours). (h) "Mechanical control device" means any physical device or structure utilized to confine and/or remove oil from the surface of the water or the shoreline. (i) "Non-toxic" or "not toxic" means that the survivorship of the test organisms in the treatment exposure is 90% or greater than those in the control group. Testing to determine if an agent is non-toxic shall be done in accordance with the Exemption Petition section of the Guidance Document which requires a Standard LC50 bioassay on specified test species. (j) "Oil Spill Cleanup Agent" (OSCA) means a chemical, or any other substance used for removing, dispersing or otherwise cleaning up oil or any residual products of petroleum in, or on, any of the waters of the state. (k) "OSCA" means Oil Spill Cleanup Agent. (l) "Sinking agent" means a type of OSCA, the primary function of which is to combine with oil to cause sinking of the agent-oil mass. Sinking agents may not be used in the waters of California. (m) "Surface washing agent" means a type of OSCA, the function of which is to facilitate the removal of oil from shoreline substrates or other oiled surfaces. The primary effect of this type of OSCA is to act as a wetting agent to soften or lower the viscosity of the oil, thereby increasing the effectiveness of water in displacing the oil from the shoreline surfaces. A surface washing agent cannot act as a dispersant. Note: Authority: Section 8670.13.1, Government Code. Reference: Sections 8670.13.1 and 8670.13.2, Government Code; and 40 CFR Sections 300.115 and 300.175(b). s 885.1. Applicability and Exemptions. (a) Any OSCA applied in or on state waters must be licensed by the Administrator unless otherwise exempted, or being used in an expedited testing situation as specified in this Section. (b) Exemptions to the license requirement: (1) a manufacturer may request an exemption from the licensing requirements for the following agents and substances; (A) substances such as sorbents and other cleanup devices that do not employ the use of active chemical cleanup agents; or (B) substances that do not to cause aquatic toxicity when used for purposes of oil spill response. (c) Expedited testing and use of an unlicensed OSCA: (1) the Administrator or his/her designee may authorize the use of an unlicensed OSCA on an expedited basis in any waters of the state; (2) the unlicensed OSCA must be used in accordance with the criteria established for the particular body of water to which it will be applied, as specified in Article 3 of this subchapter. In addition, such use must be done in consultation with applicable federal agencies and be consistent with the National Contingency Plan. (3) expedited use of an unlicensed OSCA may be authorized if an application for licensing has been submitted but not yet approved or denied, and the following conditions are met: (A) there is danger of impact or harmful effect from an oil spill to the waters of the state; and (B) the Administrator determines that mechanical control devices or currently licensed OSCA's, used either singly or in combination, may not be as appropriate or as effective in the given situation as the unlicensed OSCA; and (C) a preliminary review of the OSCA's license application indicates that the OSCA being tested will not be more hazardous to the aquatic environment than the oil on which it is being applied; and (D) the test has been approved by the Administrator and the RRT, and will be supervised by the Administrator. (4) an expedited test may be conducted for the following purposes; (A) to determine the efficacy of an OSCA in a given situation or on a particular type of oil; (B) to obtain information needed to meet the requirements set forth in Government Code s8670.12; (C) to improve results when used with a currently licensed OSCA and/or a mechanical control device; (D) to mitigate the effects of the oil spill when it is determined that the impact of the OSCA will be less than the impact of the oil. (5) the OSCA may only be used once on an expedited basis during the licensing process; (6) the results of the test shall be documented and made part of the OSCA license application materials. Note: Authority: Sections 8670.13.1 and 8670.7, Government Code. Reference: Sections 8670.13.1, 8670.13.2 and 8670.7, Government Code. s 885.2. Exemption, License and Renewal Applications and Fees. (a) Exemption Petition, (form #1958, as found in the Guidance Document): (1) a manufacturer must petition for an exemption to the licensing process for any product that might be used in response to an oil spill that could be considered exempt under section 885.1. (A) the following materials will automatically be considered exempt, though the manufacturer must still submit an exemption request form in order to establish the product as available for use in California; 1. cellulose fibers, other than peat moss or products derived from peat moss, 2. vermiculite or zeolite, 3. polypropolene, 4. polyethylene, 5. polyurethane, 6. polyester. (2) the request for exemption must be submitted using the Petition for Exemption, form #1958. This form shall be available from the Administrator upon request. (3) a petition for exemption shall be accompanied by a filing fee, as follows: (A) $100 for a petition for an inert agent such as those listed in subsection 885.2(a)(1)(A) above; (B) $250 for a petition for any other type of agent. (C) The fee shall be used to cover costs incurred by the Administrator in processing the application. (D) The fee shall be counted toward the cost of the license application if the exemption request is denied. (4) Review process: (A) within 14 days of receipt, the Administrator will issue a letter of acknowledgment notifying the applicant that the petition has been received; (B) within 30 days of submittal, the applicant will be notified in writing if the petition is not complete, and will be informed of any additional information required. The petition will not be considered complete until all additional information has been submitted; (C) the Administrator shall approve or deny the exemption request within 60 days of receiving a complete petition; 1. the exemption shall be approved if the manufacturer can demonstrate that the OSCA is not toxic and does not pose a hazard to the aquatic environment; 2. the applicant shall be notified in writing of the Administrator's determination and the reasons for the decision. (b) License Application, (form #1959 as found in the Guidance Document): (1) the applicant shall apply for a license for an OSCA using a License Application, form #1959. This form shall be available from the Administrator upon request. (2) the license shall be valid for a period not to exceed 5 years, and must be renewed prior to the expiration date if the manufacturer wants to continue to have the agent considered available for use during an oil spill. (3) each application for a license shall be accompanied by a filing fee of one thousand dollars ($1000). These fees shall be used to cover the costs incurred by the Administrator in processing the application. (4) Review process: (A) within 14 days of receipt, the Administrator will issue a letter of acknowledgment notifying the applicant that the petition has been received; (B) within 30 days of submittal, the applicant will be notified in writing if the petition is not complete, and will be informed of any additional information required. The petition will not be considered complete until all additional information has been submitted; (C) the Administrator shall approve or deny the exemption request within 60 days of receiving a complete application; 1. the license shall be approved if the manufacturer can demonstrate the efficacy of the product as an oil spill cleanup agent, and if the product meets all the licensing requirements of this subchapter; 2. the applicant shall be notified in writing of the Administrator's determination and the reasons for the decision. (c) License Term and Renewal, (form #1967 as found in the Guidance Document): (1) The term of a license shall not exceed five years. There is no grace period for renewal. An OSCA may not be used after the expiration of the license. (2) The manufacturer must apply for renewal of the license using the License Renewal Form #1967. The renewal forms shall be available from the Administrator upon request; (3) Each application for renewal shall be accompanied by a filing fee of $100. This fee shall be used to cover costs incurred by the Administrator in processing the renewal. (4) Review process: (A) within 14 days of receipt, the Administrator will issue a letter of acknowledgment notifying the applicant that the renewal application has been received. If the renewal application is not complete, the letter of acknowledgment will include a list of any additional information that may be required. The application will not be considered complete until all additional information has been submitted; (B) the Administrator shall approve or deny the request for renewal within 30 days of receiving a complete application; (C) the license shall be renewed if: 1. the license has not previously been revoked for cause; and 2. the product formulations have not changed or, if changed, the modified formulation has been approved by the Administrator; and 3. the applicant submits a complete application and provides sufficient information to establish that the product meets current licensing criteria. (D) the applicant shall be notified in writing of the Administrator's determination and the reasons for the decision. (d) Appeals (1) An applicant may appeal the Administrator's revocation of a license, or denial of an application for exemption, license or renewal; (A) an appeal must be filed in writing within 15 working days of the date the notice of denial was mailed. (B) the appeal must include the applicant's reason(s) for disputing the Administrator's decision. The applicant may include additional test data or other information regarding the OSCA that could be used by the Administrator to reconsider the initial decision. (C) the Administrator will respond to an appeal within 30 days of receipt of the applicant's request for reconsideration. Note: Authority: Section 8670.13.1, Government Code. Reference: Sections 8670.13.1 and 8670.13.2, Government Code. s 885.3. Revoking a License. (a) The Administrator may revoke a license for the following reasons: (1) the OSCA does not perform as expected when applied to spilled oil; (2) the formulation of the OSCA is changed; (3) information becomes available that demonstrates that the OSCA is more toxic than previously determined, or has adverse effects in the aquatic environment not previously known or anticipated; (4) information on the license or renewal applications is found to be incorrect, incomplete or inaccurate. (b) Appeals (1) A manufacturer may appeal the Administrator's revocation of a license using the process specified in s885.2 of this subchapter. Note: Authority: Section 8670.13.1, Government Code. Reference: Sections 8670.13.1 and 8670.13.2, Government Code. s 885.4. Accuracy of Information and Notification of Changes in Formulation. (a) The applicant is responsible for the accuracy, completeness and timely update of all the information submitted in connection with the application to license an OSCA, and all the information stated on the product container label. An update to the application shall be considered timely if it is submitted before the application process is completed, and approval/denial determined. If an update is submitted, the application process timelines will recommence with receipt of the updated material. (b) If any of the information on an application is found to be incorrect or inaccurate, the application shall be denied, or the license revoked if already issued. (c) Prior to any change in the formulation of an approved product, the applicant shall notify the Administrator in writing and shall obtain specific approval of the change before the OSCA may be used to remove, clean up or otherwise treat oil in California waters. (1) The Administrator may require a new application if there is a significant change in the OSCA formulation. A significant change is one that would alter the allowable use or the recommended application parameters, as specified in Article 3 of this subchapter. (2) Failure to provide notification of a change in formulation is cause for the Administrator to revoke the OSCA license. Note: Authority: Section 8670.13.1, Government Code. Reference: Sections 8670.13.1 and 8670.13.2, Government Code. s 885.5. Testing Required for Licensing. (a) Licensing an OSCA is subject to successful screening through: (1) standardized efficacy tests; (2) standardized toxicity tests; (3) such other tests as deemed necessary by the Administrator in order to determine the efficacy, toxicity or appropriate use of the OSCA. (b) Testing necessary to determine compliance with the efficacy and toxicity criteria shall, as applicable, be conducted consistent with the testing methods or procedures approved by the Administrator, and found in the Guidance Document. (c) All tests shall be performed by the applicant or his/her designee. The Administrator or his/her authorized agent may verify or require verification of the results of any tests. Any verification costs incurred by the Administrator will be paid from the applicant's licensing fee. Note: Authority: Section 8670.13.1, Government Code. Reference: Sections 8670.13.1 and 8670.13.2, Government Code. s 885.6. Efficacy and Toxicity Criteria. Each OSCA to be considered for licensing by the Administrator shall comply with the following efficacy and toxicity criteria: (a) the OSCA must have a flash point of 170 degrees Fahrenheit or greater; (b) the hydrogen ion activity of a liquid OSCA that is water soluble, as applied to the water surface must be 6.5 to 8.5 pH units; (c) the heavy metal and chlorinated hydrogen content must not be greater than the following concentration(s) in parts per million or milligrams per liter of product: (1) Mercury - 0.005, Cadmium - 0.01, Lead - 0.05, (2) total identifiable chlorinated hydrocarbon - 0.05. (d) the OSCA must perform as indicated by the manufacturer when applied in the manner recommended by the manufacturer; (e) bioremediation agents must degrade the oil through microbial action, and neither the bioremediant or its by-products may be more toxic in the aquatic environment than the oil on which applied; (f) collecting agents must be nontoxic, and upon application to an oil spill, at least 90 percent of the oil-agent mass must remain afloat; (g) dispersant efficacy must be established in accordance with the standardized efficacy tests required by this subchapter, and found in the Guidance Document. If more than 10 percent of the oil sinks upon application of the OSCA, the agent will be considered a sinking agent; (h) no dispersant or surface washing agent shall be licensed if it has has an average level of toxicity greater than 10 mg/l as applied (EC50 less than 10 mg/l). The average level of toxicity of these agents shall be determined by the testing methods described in the Guidance Document. Note: Authority: Section 8670.13.1, Government Code. Reference: Sections 8670.13.1 and 8670.13.2, Government Code. s 885.7. Issuing a License. (a) A license shall be issued to the OSCA manufacturer (applicant) on a registered trademark-name basis when the following conditions are met: (1) a completed application has been submitted to the Administrator along with the appropriate fee; and (2) the applicant has conducted the standardized efficacy and toxicity tests, as well as any other relevant tests or requirements prescribed by the Administrator, and provided in this subchapter; and (3) the results of the required tests have been submitted to the Administrator; and (4) the applicant has submitted any additional information as requested by the Administrator to substantiate the test data; and (5) the results of these required tests and any additional, substantiating data meet the efficacy and toxicity criteria established in this Article. (b) If the Administrator's Industrial Hygienist determines that the OSCA constitutes a serious occupational hazard to health, the license application will either be; (1) denied; or (2) licensed for use with specified conditions that will adequately minimize or mitigate the occupational health hazard. Note: Authority: Section 8670.13.1, Government Code. Reference: Sections 8670.13.1 and 8670.13.2, Government Code; and Title 8, Section 5192, California Code of Regulations. s 885.8. OSCA Labeling Requirement. Each OSCA must have a plainly printed label attached to the container that states at least the following: (a) the name, brand, and trademark, if any, under which the OSCA is sold; (b) the name and address of the manufacturer, importer, or vendor; (c) special handling, storage, or worker safety precautions; (d) the product's flash point and freezing point, if applicable for the type of product; (e) recommended application procedure(s), concentration(s), and conditions for use as regards to water salinity, water temperature, and the types and ages of oils on which it may be used; (f) the shelf life, or expiration date of the product. Note: Authority: Section 8670.13.1, Government Code. Reference: Sections 8670.13.1 and 8670.13.2, Government Code. s 885.9. Legal Responsibility. Obtaining a license for an OSCA does not waive any other legal responsibilities of the manufacturer or user of an OSCA. Note: Authority: Section 8670.13.1, Government Code. Reference: Sections 8670.13.1 and 8670.13.2, Government Code. s 885.10. Legal Responsibility. Note: Authority: Sections 8670.13.1 and 8670.13.2, Government Code. Reference: Section 8670.13.2, Government Code; Section 13169, Water Code; and California Code of Regulations, Section 2318. s 886.1. Requirements for the Use of a Licensed OSCA. (a) The use, or expedited testing of an OSCA in response to an oil spill shall be subject to the approval of the Administrator and the Regional Response Team (RRT), and done in compliance with the provisions of this subchapter. An OSCA may be used without obtaining the concurrence of the RRT if the OSCA has been listed in a preauthorization plan of the applicable Area Contingency Plan (ACP). Such listing shall have been done in accordance with the provisions of 40 CFR 300, Subpart J, as follows: (1) the RRT representative from the Environmental Protection Agency (EPA) and the state of California, and the Department of Commerce (DOC) and Department of Interior (DOI) natural resources trustees shall review and either approve, disapprove, or approve with modification the preauthorization plans of the Area Committees; (2) the preauthorization plan of the appropriate ACP must address the specific contexts in which the specified products should and should not be used; (3) the OSCA must then be used in a situation the same as or similar to the context described in the ACP. (b) The use of an OSCA shall be supervised by the Department of Fish and Game in accordance with the provisions of this subchapter, and any applicable direction or instruction from the Administrator. Decisions regarding use must be consistent with the statutory provisions governing the duties of the Administrator as outlined in Chapter 7.4 of the Government Code, or the Department's responsibilities pursuant to Fish and Game Code s5655. (c) Use of an OSCA in a domestic water supply: (1) dispersants, and OSCA's that are not inert, may only be applied to water that is the source of a domestic drinking supply after notification is made to the State Department of Health Services and the appropriate local health agency responsible for drinking water quality; and (2) the OSCA shall be applied in accordance with the recommendations of the state and local health agencies. (d) The local Regional Water Quality Control Board shall be notified before any OSCA is applied to a lake, a reservoir or any surface streams. (e) In addition to the provisions of (a), (b), (c) and (d) above, the following restrictions and requirements apply to the bodies of water indicated: (1) Lakes and reservoirs: (A) Collecting agents: 1. collecting agents that are inert may be applied to lakes and reservoirs provided the floating oil-agent mixture is collected and disposed of properly. 2. collecting agents that are not inert may be applied in domestic water supplies but only in accordance with the provisions in subparagraph (c) of this section. (B) Dispersing agents: 1. any application of a dispersant to a domestic water supply shall be in accordance with the provisions of subparagraph (c) of this section. 2. shall not be applied to the shoreline of a lake or reservoir; 3. aside from 1. and 2. above, dispersing agents may be applied to lakes and reservoirs only if wildlife resources and associated habitat, recreational beaches, marinas or shore facilities are threatened, and other control methods are judged to be inadequate or infeasible by the Department of Fish and Game. (C) Sinking agents shall not be applied to lakes or reservoirs. (D) Bioremediation agents may be applied in lakes and reservoirs and associated shorelines provided that the bioremediant, as applied, is not more harmful to the aquatic environment than the spilled oil. (E) Surface washing agents: 1. surface washing agents that are inert may be applied to the shoreline of surface streams provided that the floating oil-agent mixture is collected and disposed of properly. 2. surface washing agents that are not inert may be applied to domestic water supplies but only in accordance with the provisions in subparagraph (c) of this section. (2) Surface streams: (A) Collecting agents; 1. collecting agents that are inert may be applied to surface streams provided the floating oil-agent mixture is collected and disposed of properly. 2. collecting agents that are not inert may be applied in domestic water supplies but only in accordance with the provisions in subparagraph (c) of this section. (B) Dispersing agents shall not be applied to surface streams. (C) Sinking agents shall not be applied to surface streams. (D) Bioremediation agents may be applied to surface streams and associated shorelines provided that the bioremediant, as applied, is not more harmful to the aquatic environment than the spilled oil. (E) Surface washing agents: 1. surface washing agents that are inert may be applied to the shoreline of surface streams provided that the floating oil-agent mixture is collected and disposed of properly. 2. surface washing agents that are not inert may be applied to domestic water supplies but only in accordance with the provisions in subparagraph (c) of this section. (3) Bays and estuaries (from the mouth to the upstream boundary of the tidal prism); (A) Collecting agents may be applied to bays and estuaries provided the floating oil-agent mixture is collected and disposed of properly; (B) Dispersing agents: 1. shall not be applied to the shoreline of a bay or an estuary. 2. aside from 1. above, dispersing agents may only be applied in accordance with guidelines established in the "Quick Approval Process for Dispersant Use in Waters Off California" as developed by the California Department of Fish and Game and the National Oceanic and Atmospheric Administration, dated 4/14/97. (C) Sinking agents shall not be applied to a bay or an estuary. (D) Bioremediation agents may be applied to bays and estuaries and associated shorelines provided that the bioremediant, as applied, is not more harmful to the aquatic environment than the spilled oil. (E) Surface washing agents may be applied to the shoreline of bays and estuaries provided that the floating oil-agent mixture is collected and disposed of properly. (4) Ocean waters: (A) Collecting agents may be applied in ocean waters only if the floating oil-agent mixture is collected and disposed of properly. (B) Dispersing agents: 1. shall not be applied to shoreline areas, including areas exposed during tidal action; 2. aside from 1. above, dispersing agents may only be applied in accordance with guidelines established in the "Quick Approval Process for Dispersant Use in Waters Off California" as developed by the California Department of Fish and Game and the National Oceanic and Atmospheric Administration, dated 4/14/97. (C) Sinking agents shall not be applied in ocean waters. (D) Bioremediation agents may be applied to ocean waters and associated shorelines provided that the bioremediant, as applied, is not more harmful to the aquatic environment than the spilled oil. (E) Surface washing agents may be applied to the shoreline of bays and estuaries provided that the floating oil-agent mixture is collected and disposed of properly. (f) In addition to all other requirements of this section, an OSCA shall be used in accordance with the manufacturer's recommendations. (g) Use of a licensed OSCA at variance with the provisions of this subchapter may be approved only by the Administrator or his/her designee. Note: Authority: Section 8670.13.1, Government Code. Reference: Sections 8670.13.1 and 8670.13.2, Government Code; and 40 CFR Section 300.115. s 886.2. Use of an OSCA Prior to Licensing. No OSCA shall be used prior to licensing unless exempt form the licensing requirements, or if used on an expedited testing basis. Expedited testing use shall be in accordance with the provisions of Article 2 of this subchapter. Note: Authority: Section 8670.13.1, Government Code. Reference: Sections 8670.13.1 and 8670.13.2, Government Code. s 886.3. OSCA Endorsement. Licensing or permission to use a particular type of OSCA shall not be considered an endorsement of any product by the Administrator or the Department of Fish and Game. Note: Authority: Section 8670.13.1, Government Code. Reference: Sections 8670.13.1 and 8670.13.2, Government Code. s 886.4. Penalties. Any person who knowingly, intentionally or negligently violates any provision of this subchapter shall be subject to criminal, civil, and/or administrative civil actions as prescribed in Article 9, Government Code, beginning with Section 8670.57. Note: Authority: Section 8670.13.1, Government Code. Reference: Article 9, beginning with Section 8670.57, Government Code. s 886.5. Experimental Use of an OSCA. Note: Authority: Sections 8670.13.1 and 8670.13.2, Government Code. Reference: Section 8670.13.2, Government Code; Section 13169, Water Code; and California Code of Regulations, Section 2335. s 886.6. OSCA Endorsement. Note: Authority: Sections 8670.13.1 and 8670.13.2, Government Code. Reference: Section 8670.13.2, Government Code; Section 13169, Water Code; and California Code of Regulations, Section 2336. Note: It having been found, pursuant to Government Code Section 11344, that the printing of the regulations constituting the Conflict of Interest Code is impractical and these regulations being of limited and particular application, these regulations are not published in full in the California Code of Regulations. The regulations are available to the public for review or purchase at cost at the following locations: DEPARTMENT OF FORESTRY AND FIRE PROTECTION 1300 "U" STREET SACRAMENTO, CA 95814 FAIR POLITICAL PRACTICES COMMISSION 1100 "K" Street SACRAMENTO, CA 95814 ARCHIVES SECRETARY OF STATE 1020 "O" STREET Sacramento, CA 95814 The Conflict of Interest Code is designated as Chapter 1, Division 1.5 of Title 14 of the California Code of Regulations, and consists of sections numbered and titled as follows: Chapter 1. Department of Forestry and Fire Protection -Conflict of Interest Code Section 890. General Provisions Appendix