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(continued)
(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. (continued)