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(continued)
(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; (continued)