Loading (50 kb)...'

(continued)
(2) No reptiles or amphibians may be taken from within the boundaries of ecological reserves designated by the Commission, including public roadways therein.
(3) No garter snakes ( Thamnophis sp.) may be taken in San Mateo County.
(h) The supply house owner shall be responsible for compliance by its employees or agents with these regulations. The department may refuse to authorize owners, employees, or agents of biological supply houses to collect or sell native reptiles or amphibians upon conviction of a violation of these regulations by a court of competent jurisdiction.
(i) Any permit issued pursuant to these regulations may be cancelled or suspended at any time by the commission for cause after notice and opportunity to be heard, or without a hearing upon conviction of a violation of these regulations by a court of competent jurisdiction.


Note: Authority cited: Sections 1002, 5061, 6851 and 6896, Fish and Game Code. Reference: Sections 1002, 5050, 5060, 5061, 6850, 6852, 6854-6855, 6895 and 6896, Fish and Game Code.

s 652. Special Regulations Pertaining to Collecting of Birds, Their Nests and Eggs, and Mammals.


Note: Authority cited: Section 1002, Fish and Game Code. Reference: Section 1002, Fish and Game Code.

s 653. Marking Birds for Scientific Purposes.


Note: Authority cited: Sections 1002 and 1050, Fish and Game Code. Reference: Sections 1002 and 1050, Fish and Game Code.

s 654. Permits for Possession of Protected Species of Wild Animals for Exhibition Purposes.
(a) Disposition of live or dead protected species of wild animals acquired by the department in its operations or enforcement of the fish and game laws may be made by issuing free permits for the possession of such wild animals to public zoological gardens, scientific or educational institutions for exhibition purposes.
(b) Permits for the possession of migratory birds as defined by the Migratory Bird Treaty Act are void unless accompanied by a permit issued by the U.S. Fish and Wildlife Service.
(c) Permits are not transferable.
(d) Employees of the department may inspect wildlife species possessed under authority of this permit at any time to determine whether or not such wildlife species are properly housed and cared for.
(e) The commission may revoke the permit for violation of its terms or of any fish and game law or upon the recommendation of the department when such wildlife specimens are not properly housed, exhibited or cared for.


Note: Authority cited: Section 1002, Fish and Game Code. Reference: Sections 1002, 1050 and 5050, Fish and Game Code.

s 655. Permits to Take Seals and Sea Lions.


Note: Authority cited: Section 1002, Fish and Game Code. Reference: Section 1002, Fish and Game Code.

s 656. Permits to Take Beaver or Bear in a Refuge.
The department may issue a free permit to take beaver or bear within a refuge under the following conditions:
(a) Applications to take beaver or bear shall be filed with the department and shall show:
(1) Name and address of applicant.
(2) Name of refuge involved.
(3) The approximate number of animals to be taken.
(4) Such other pertinent data as the department may require.
(b) All permits shall be for a stated period of time not to exceed six months.
(c) No permit shall be issued unless the department is satisfied that damage is presently occurring or is immediately threatened.
(d) During the first two weeks of January of each year, each permittee shall submit to the department report of specimens taken during the preceding calendar year and no new permit shall be issued until such a report has been received.
(e) The commission may revoke a permit for violation of the terms of the permit.
(f) Any applicant convicted of violating these regulations or the terms and conditions of his permit must appear before the Fish and Game Commission before his permit may be reinstated or a new permit issued to him.


Note: Authority cited: Sections 4009.5, 10500 and 10502, Fish and Game Code. Reference: Sections 3950, 4000, 4009.5, 10500, 10508-10510, 10513, 10770-10771, 10820-10838 and 10841-10843, Fish and Game Code.

s 657. Permits to Land California Caught Fish at Points Outside of California.


Note: Authority cited: Section 7891, Fish and Game Code. Reference: Section 7891, Fish and Game Code.

s 658. Commercial Take of Bullfrogs (Rana Catesbeiana) for Sale to Scientific or Educational Institutions.
(a) Permit Required of Supplier. Permits shall be issued only to qualified scientific supply houses which sell bullfrogs to bona fide scientific or educational institutions. Such supply houses shall be responsible for compliance by its employees with these regulations. The commission shall approve the qualifications of applicants under this section, and the department shall issue the permit following approval by the commission. See subsection 699(b) of these regulations for the fee for this permit.
(b) Market Order Issued by Supplier. A qualified scientific supply house shall issue a market order to each employee before that employee collects bullfrogs Each market order shall specify the exact number of bullfrogs to be collected, the collecting locality, and the dates, not to exceed seven (7) consecutive days, required for the employee to fill that order.
(c) Licenses and Permits Required of Employees. Each employee who collects bullfrogs for a qualified scientific supply house shall have a commercial fishing license and a scientific collecting permit issued by the department. Each boat used for this purpose shall be registered as a commercial fishing vessel.
(d) Market Order in Possession of Employees. Each employee shall have a market order in his possession when bullfrogs are being collected. No bullfrogs in excess of the numbers specified on the market order may be taken or possessed by the employee of a qualified scientific supply house.
(e) Commercial Fishing Reports Required. The commercial fishing provisions of the Fish and Game Code shall apply to the take of bullfrogs.
(f) Closed Areas. No bullfrogs may be taken for sale north of Interstate 80 in the Valley Sportfishing District described in section 12.00, title 14, California Administrative Code.
(g) Open Areas and Seasons. Bullfrogs may be taken for sale for scientific or educational purposes only in the following sportfishing districts or parts thereof, and only during the specified dates, except as provided in subsection (h):
(1) Southern District as described in section 6.00, title 14, CAC-August 1 through November 30.
(2) Colorado River District as described in section 7.00, title 14, CAC-August 1 through November 30.
(3) South of Interstate 80 in the Valley District as described in section 12.00, title 14, CAC, and in the remainder of the state-May 1 through November 30.
(h) The department may issue permits to owners of biological supply houses to collect bullfrogs during the closed season, but only for sale to a bona fide scientific or educational institution as determined by the department. The supply house owner shall submit a written request to the department for the permit. An original letter, under the scientific or educational institution's letterhead and from a staff or faculty member requesting the purchase of a stated number of bullfrogs, shall accompany the request.
(i) Restricted Sale. Except for bullfrogs sold, leased, or rented for use in frog jumping contests as defined in Fish and Game Code section 6880, bullfrogs taken under authority of a permit issued pursuant to this section may be sold only to bona fide scientific or educational institutions and may be used only for scientific or educational purposes, and may not be sold, purchased, or traded for any other use.
(j) Delivery of Bullfrogs. A licensed employee shall deliver or ship all captured bullfrogs to the premises of the scientific supply house.
(k) Bullfrog Capture Methods. Bullfrogs may be captured only by hand. No spears, gigs, hooks, or other devices which might injure bullfrogs may be used.
(l) Application Requirements. Permit applications shall be submitted on forms furnished by the department. They may be filed with the department at any time. Application for renewal of a permit for the following calendar year may be filed concurrently with the annual report in December.
(m) Notification of Warden. Before collecting bullfrogs, the supplier shall notify a warden in the area where the employee wishes to collect. Such notification may be given by letter, telephone, or personal contact and shall include the canals and exact location on each of entry and departure, the dates of collection, and approximate length of time during which collecting is to be done. The employee shall carry his commercial fishing license, scientific collecting permit and market order at all times when collecting. These documents and specimens shall be shown upon demand to any person authorized by the department to enforce the provisions of the Fish and Game Code or regulation made pursuant thereto.
(n) Cancellation and Suspension of Permits. Any permit may be cancelled or suspended at any time by the commission for cause after notice and opportunity to be heard, or without a hearing upon conviction of a violation of these regulations by a court of competent jurisdiction.


Note: Authority cited: Sections 205, 1002, 6851, 6896, 7121 and 7709, Fish and Game Code. Reference: Sections 1002, 6851, 7121 and 7709, Fish and Game Code.

s 660. Election of Commission Officers.
It is the intent of the commission to provide protection from external influences of its operation and administration and decision-making processes. The commission finds that the choice of its president and vice president should be free of external influences. The commission further finds the selection of officers by seniority advances this goal.
(a) The president and vice president of the commission shall be elected annually, for a one-year term. The election shall take place at the February meeting, to take effect immediately. The president shall be the most senior member and the vice president shall be the next most senior member. Where the member declines to serve as president or vice president, the next most senior member shall be elected to that office.
(b) Seniority shall be the time served in his or her current term. In the case of two members with the same time of service in the current term, the member with the longer total time of service shall be the senior member.
(c) No member shall serve as either President or Vice President for more than two consecutive terms. Where such a member has served two consecutive terms, the next most senior member shall be elected to that office, and the next most senior member shall be deemed the next in seniority.


Note: Authority cited: Section 102, Fish and Game Code. Reference: Section 102, Fish and Game Code.

s 660.1. Annual Certification and Report on Status of Resources.
Pursuant to the Constitution of the State of California, the Legislature has delegated powers to the Fish and Game Commission relating to the protection and propagation of fish and wildlife resources for the use and enjoyment of future generations. In accordance with these mandates, it is the policy of the Fish and Game Commission that:
The Department shall annually report to the Commission on the relative status of California's fish and wildlife resources with emphasis on those resources estimated to be at marginal or low levels. The Department shall identify management options, particularly for those resources that have declined to such a level that focused efforts are needed for recovery. In odd-numbered years, the Department shall report on the status of fish at the October meeting of the regulation-setting process of Section 206, Fish and Game Code. In even-numbered years, the Department shall report on the status of birds and mammals at the April meeting of the regulation-setting process prescribed by sections 207 and 208 of said Code. In satisfying this requirement, the Department may submit status reports that it prepares to satisfy other statutory requirements.
In conjunction with information provided by the Department, the Commission may solicit funds from private sources to provide for independent studies as needed, subject to approval by the Director of Finance pursuant to Government Code sections 11005 and 11005.1, and any funds received shall be designated for the benefit of the Status of the Resources Report Fund, pursuant to Government Code Section 16302. Such funds may also be used to help support the Department's resource monitoring and management programs or for peer review of scientific reports related to resource assessment.
Annually, based upon the best scientific information, the Commission shall certify the relative status of California's fish and wildlife resources. The Commission shall then prepare a report on the status of the State's resources for presentation to the Senate Resources & Wildlife Committee and the Assembly Water, Parks & Wildlife Committee.


Note: Authority cited: Section 703, Fish and Game Code. Reference: Section 703, Fish and Game Code.

s 670. Practice of Falconry.
(a) General Provisions. No person shall engage in any falconry activity except as provided by the Fish and Game Code and regulations provided herein. Applicable regulations adopted by the U.S. Secretary of the Interior pursuant to the Migratory Bird Treaty Act and published in Title 50, Code of Federal Regulations (CFR), Part 21 (Revised 9/14/89) are hereby incorporated and made a part of these regulations. Federal regulations shall be made available upon request from the Department of Fish and Game License and Revenue Branch, 3211 S. Street, Sacramento, Ca 95816.
(b) Take of Game or Nongame Birds or Mammals.
Any person using raptors to take game or nongame birds or mammals shall abide by all laws and regulations related to hunting, including but not limited to licenses, seasons, bag limits, and hunting hours. Any protected bird or mammal inadvertently taken by a raptor must be removed from the raptor, as soon as practical, and left at the site.
(c) Additional State Regulations. State regulations included herein complement current federal regulations and are cross-referenced by use of the respective federal Title 50 CFR section numbers boldfaced and placed in parentheses.
(1) LICENSING.
(A) Application for License. The department shall provide information on application procedures. This information may be obtained by contacting the department (address given in subsection (a) above).
(B) Co-sign Requirement. (Section 21.28 CFR)
Persons under the age of 18 shall have a parent or guardian co-sign their license application.
(C) Substitution of Experience. (Section 21.29 CFR) The department shall consider an applicant's experience acquired in another state or country when evaluating an application for any class of license.
(D) Application Fee. In addition to the fee required by Fish and Game Code Section 396, the department shall charge an application fee. The base fee for this application is $7.50 as of January 1, 1993 (Note: This fee shall be charged effective July 7, 1993) and shall be adjusted annually per Fish and Game Code Section 713.
(E) Examination Requirement. (Section 21.29 CFR)
1. Minimum Score. Persons applying for their first license or for renewal of a license that expired prior to January 1, 1978, must correctly answer at least 80% of the questions on an examination provided and administered by the department.
2. Reexamination for Failing Score. (Section 21.29 CFR) Any applicant who fails to pass the examination may take another examination no earlier than three months from the date of the prior examination.
3. Substitutions of Passing Score from Another State. (Section 21.29 CFR) Applicants who provide documentation of having successfully passed a federally approved examination in a state listed in Section 21.29(k), CFR, will not be required to take the test.
(F) Classes of Licenses. (Section 21.29 CFR) Licenses will be issued in three classes, apprentice, general, and master, only to persons who meet all requirements and qualifications described in these regulations. The department may issue the class of license equal to that of the most recent license issued to a person from a state listed in Section 21.29(k), CFR.
(G) Suspension, Revocation or Denial of License. (Section 21.29 CFR) The department may suspend, revoke, or deny issuance or renewal of any falconry license if the applicant or licensee either fails to comply with any requirement of these regulations or has been convicted of a violation of any falconry regulations, including such regulations of a state listed in Section 21.29(k), CFR. For the purpose of this subsection, violation of a general hunting regulation is not a violation of a falconry regulation. An applicant or licensee whose license has been suspended, revoked, or denied may appeal to the Commission.
(H) Notification of Termination of Sponsorship. (Section 21.29 CFR) A sponsor shall immediately notify the department in writing (address given in subsection (a) above) in the event of termination of sponsorship for a licensee. The person requiring the sponsor shall acquire a new sponsor within 60 days of the receipt of the notification by the department. Failure to comply with this subsection will result in loss of qualifying time from the date sponsorship was terminated and no subsequent license will be issued until all requirements have been fulfilled.
(I) Report Requirement for Apprentices. (Section 21.29 CFR) Apprentice licensees must complete and submit a report of progress on a form approved by the department (FG 362 (9/95), which is incorporated by reference herein). This report must be signed and dated by both the licensee and sponsor. The report will be used to determine qualifying experience for future licenses.
(J) Department Inspection and Approval of Equipment and Housing. (Section 21.29 CFR) The equipment and housing required by these regulations shall be inspected and approved by the department prior to the issuance of a license, except the department may authorize a sponsor to inspect and certify that the equipment and housing of apprentice applicants meets or exceeds the minimum standards required by these regulations. Equipment or housing that does not meet the minimum standards required by these regulations shall not be certified by a sponsor. The department may enter the premises of any licensee at any reasonable hour to inspect all housing, equipment, or raptors possessed by the licensee, or to inspect, audit, or copy any permit, book, or record required to be kept by these regulations.
(2) AUTHORIZATION.
(A) Authorization of Licensed Nonresidents. (Section 21.29 CFR) Nonresidents licensed to practice falconry in a state listed in Section 21.29(k), CFR, are authorized to practice falconry in California. Citizens from another country are authorized to practice falconry in California only in accordance with a permit issued by the U.S. Fish and Wildlife Service. (See subsection (c)(2)(F) below for importation).
(B) Nonresident License Not Valid for Resident. (Section 21.29 CFR) Residents are not authorized to possess raptors or practice falconry by a license issued by another state or country.
(C) Temporary Transfer of Raptor. (Section 21.29 CFR) Any licensee who allows another person to temporarily possess any raptor as authorized by sections 21.28(d)(6) and 21.29(j)(4), CFR, shall mail a copy of completed federal Form 3-186A and a copy of the statement authorizing temporary possession to the department (address given in subsection (a) above) on the day the bird is transferred.
(D) Apprentice Restriction. (Section 21.29 CFR) Except as provided in subsection (c)(2)(E) below, apprentice licensees may only take or possess American kestrels (Falco sparverius) or red-tailed hawks (Buteo jamaicensis).
(E) Possession of Captive Bred Raptors from Rehabilitation Facilities. (Section 21.29 CFR) All licensees may possess and use birds acquired from department approved rehabilitation facilities or legally acquired captive bred birds.
(F) Importation of Raptors. (Section 21.29 CFR) Licensees may import raptors for falconry only if they submit written authority to export raptors from the originating state or country with the department's copy of federal Form 3-186A. Nonresident licensees from a state listed in Section 21.29(k), CFR, and resident licensees who take their birds out of state and are returning to California, are exempt from this requirement. Citizens from another country may import raptors under the authority of a permit issued by the federal government, (see Section 21.29 CFR).
(G) Possession of Infertile Eggs. (Section 21.29 CFR) Infertile eggs laid by a licensee's bird may be possessed if the licensee notifies the department (address given in subsection (a) above), in writing within 48 hours after the egg is laid.
(3) BANDING.
(A) Prohibition of Removal of Bands. (Section 21.29 CFR) Raptor bands may not be removed from raptors except by a department employee or a person authorized by the department. The loss or removal of any band must be reported to the issuing office on federal Form 3-186A within five (5) working days of the loss or removal of the band.
(B) Prohibition on Defacing Band. (Section 21.29 CFR) The alteration, counterfeiting or defacing of a band is prohibited except that licensees may remove the rear tab or may smooth any imperfect surface provided the integrity of the band and numbering are not affected.
(4) TAKING.
(A) Possession of Valid Falconry License Required For Take. (Section 21.29 CFR) Only persons with a valid falconry license in possession may take a raptor from the wild. Raptors may not be taken in any state or national park. (Nonresidents see subsection (c)(4)(B) below for additional requirements)
(B) Nonresident Provisions. (Section 21.29 CFR) Nonresidents licensed to practice falconry in a state listed in Section 21.29(k), CFR, shall apply to the department (address given in subsection (a) above) for a permit to take raptors in California. Application shall be made on form FG 364 (1/96), (Request for Capture), which is incorporated by reference herein, and which shall be provided by the department upon request. If unsuccessful, the permit (form FG 364a (1/96), which is incorporated by reference herein) shall be returned to the department within five days after the expiration date (address given in subsection (a) above). The fee for the permit is $182.00 per bird as adjusted annually pursuant to Section 713 of the Fish and Game Code. Nonresidents shall only take raptors from the wild in accordance with the conditions of the permit.
Reporting Take Location. Permittee shall notify the department within 5 days of take of a bird from the wild, on form FG 364a (1/96), provided by the department. Such notification shall include the county of take and a description of the site in Township, Range, and Section format. A copy of a topographic map, with the capture site clearly indicated, shall be mailed to the department at the address indicated on the form (address given in subsection (a) above) within 14 days of take. The location reporting requirement is for all species listed in subsection (c)(4)(C) below, except red-tailed hawk, American kestrel, and great horned owl.
(C) Raptors Approved for Take From the Wild. (Section 21.29 CFR) Only the following raptors may be taken from the wild: Northern goshawk (Accipiter gentilis) (also see subsection (c)(4)(D) below), Cooper's hawk (A. cooperii), sharp-shinned hawk (A. striatus), red-tailed hawk (Buteo jamaicensis), ferruginous hawk (B. regalis), merlin (Falco columbarius), American kestrel (F. sparverius), prairie falcon (F. mexicanus) and great horned owl (Bubo virginianus).
Reporting Take Location. Permittee shall notify the department within 5 days of take of a bird from the wild, on form FG 363 (9/95), which is incorporated by reference herein, provided by the department. Such notification shall include the county of take and a description of the site in Township, Range, and Section format. A copy of a topographic map, with the capture site clearly indicated, shall be mailed to the department at the address indicated on the form (address given in subsection (a) above) within 14 days of take. The location reporting requirement is for all species listed in subsection (c)(4)(C) below, except red-tailed hawk, American kestrel, and great horned owl.
(D) Prohibition on Take of Northern Goshawks. (Section 21.29 CFR) Northern goshawks may not be taken from the wild at any time in the Lake Tahoe Basin as described below:
Those portions of Placer, El Dorado, and Alpine counties lying within a line beginning at the north end of Lake Tahoe, at the California-Nevada state line approximately four miles north of Stateline Point in the near vicinity of Mt. Baldy; westerly along the Tahoe Divide between the Lake Tahoe and Truckee River drainages to the intersection of the north line of Section 36, T17N, R17E, MDM; west along said north section line to the section corner common to section 25, 26, 35, and 36, T17N, R17E, MDM; south approximately one mile along the common section line; southwesterly to the intersection of the Tahoe Divide and Highway 267 in the near vicinity of Brockway Summit; southwesternly in the near vicinity of the Tahoe Divide to Mt. Pluto; south to Mt. Watson; westerly approximately two miles to Painted Rock; southerly approximately two miles along the Tahoe Divide to the intersection of Highway 89; southwesterly along the Tahoe Divide to Ward Peak; southerly approximately 30 miles along the Tahoe Divide to a point on the Echo Lakes Road; southeasterly along said road to Old Highway 50; southeasterly along Old Highway 50 to the intersection of the Echo Summit Tract Road; southerly along said road to Highway 50; easterly along Highway 50 to the intersection of the South Echo Summit Tract Road; southerly along said road to the Tahoe Divide; southerly along the Tahoe Divide past the Alpine county line to Red Lake Peak; northerly along the Tahoe Divide past Monument Peak to the California-Nevada state line; north on the state line to the point of beginning. NOTE: the area described above includes the entire basin of Lake Tahoe within California. The geographic boundary of the Lake Tahoe basin is also an area encompassed by the Lake Tahoe Basin Management Unit which is administered by the U.S. Forest Service. The Forest Service office is located in South Lake Tahoe, and maps depicting the boundary may be purchased there or obtained by mail. For ordering information call (916) 573-2600.
(E) Approved Methods of Take. (Section 21.29 CFR) Raptors may be taken by trap or net which do not injure the birds. All snare type traps must be attended at all times. All other traps must be identified with the name and address of the licensee and checked at least once every 12 hours.
(F) Eyas Bird Restriction. (Section 21.29 CFR) Eyas birds may be taken only by general or master licensees, and only from May 20 through July 15. No more than two eyas birds may be taken by the same licensee in any one year. In no case may all eyas birds be taken from any one nest. At least one eyas shall be left in a nest at all times.
(G) Passage Bird Restriction. (Section 21.29 CFR). Passage birds may only be taken from October 1 through January 31, except that a legally marked raptor which was lost or escaped may be taken at any time.
(H) Definition of Replacement Period. (Section 21.29 CFR) The 12 month period for replacing birds begins on March 1, of each year.


Note: Authority cited: Sections 200, 395, 1050 and 2120, Fish and Game Code. Reference: Sections 395, 713, 1050 and 1054.5, Fish and Game Code.

s 670.1. Listing of Endangered and Threatened Species.
(Note: These regulations were drafted to provide a petition form and rules and procedures governing the submission and review of petitions for listing, uplisting, downlisting and delisting of endangered and threatened species of plants and animals. The intent of the 1994 amendments is a smoother and more effective implementation of the California Endangered Species Act (CESA) through procedural clarity. While these amendments generally follow the chronology of the CESA statutes, they do not recreate each procedural step of the statutes in regulations.)
Pursuant to Sections 2071 and 2071.5 of the Fish and Game Code, the following rules and procedures shall govern the submission and review of petitions for listing, uplisting, downlisting and delisting of threatened or endangered species:
(a) Petition Requirement. Every person recommending that a species or subspecies be added to or removed from the State listing of endangered and threatened plants and animals or be changed in status (endangered to threatened or threatened to endangered) must submit a petition to the Fish and Game Commission, 1416 Ninth Street, Box 944209, Sacramento, California 94244-2090. Only petitions submitted on an authorized petition form (PETITION TO THE STATE OF CALIFORNIA FISH AND GAME COMMISSION, FGC-670.1 (3/94), which is incorporated by reference herein), available at the Commission office and offices of the Department of Fish and Game, will be considered by the Commission.
(b) Review of Petition for Completeness. An incomplete petition shall be returned to the petitioner by the commission staff within 10 days of receipt. A petition shall be deemed incomplete if it is not submitted on FGC-670.1 (3/94) or fails to contain information in each of the required categories set forth in subsection (d)(1).
(c) Notice of Receipt of Petition. Pursuant to Section 2073.3 of the Fish and Game Code, the commission staff shall submit a notice of receipt of an accepted petition to the Office of Administrative Law, for publication in the California Regulatory Notice Register, at the time the petition is transmitted to the department for evaluation. Notice of the receipt of a petition submitted by the department shall be submitted to the Office of Administrative Law for publication upon receipt. Notices shall contain the date and location of the Commission meeting at which the petition is scheduled for receipt.
(d) Department Initial Evaluation of Petition. (90-Day Review
(1) Sufficient Scientific Information. The department's evaluation report, required pursuant to Section 2073.5 of the Fish and Game Code, shall contain an evaluation of whether or not the petition provides sufficient scientific information on the following petition components of Section 2072.3 of the Fish and Game Code to indicate that the petitioned action may be warranted:
(A) population trend;
(B) range;
(C) distribution;
(D) abundance;
(E) life history;
(F) kind of habitat necessary for survival;
(G) factors affecting the ability to survive and reproduce;
(H) degree and immediacy of threat;
(I) impact of existing management efforts;
(J) suggestions for future management;
(K) availability and sources of information; and
(L) a detailed distribution map.
(e) Consideration of Petition by Commission (rejection or acceptance).
(1) Rejection of Petition by Commission. Pursuant to Section 2074.2 of the Fish and Game Code, a petition will be rejected by the commission if it fails to include sufficient scientific information under the categories of Section 2072.3 of Fish and Game Code (subsections (d)(1)(A) through (L) above) that the petitioned action may be warranted. If the commission finds that the petition does not provide sufficient information to indicate that the petitioned action may be warranted, a notice of finding that the petition is rejected, including the reason for objections, will be published in the California Regulatory Notice Register.
(2) Acceptance of Petition by Commission. If the commission finds that the petition provides sufficient information to indicate that the petitioned action may be warranted, a notice of finding that the petition is accepted for consideration will be published in the California Regulatory Notice Register. If the petitioned action is to add a species to the threatened or endangered species list, the notice will declare the species a candidate.
(f) Department Review of Candidate Species. Pursuant to Section 2074.6 of the Fish and Game Code, within 12 months of the date of publication of notice of acceptance of a petition for consideration by the commission, the department shall provide a written report to the commission, based upon the best scientific information available to the department. This report shall indicate whether or not the petitioned action is warranted.
(1) Recommendations for Management and Recovery. Pursuant to Section 2074.6 of the Fish and Game Code, the department's status report shall contain a preliminary identification of the habitat which may be essential to the continued existence of the species and recommendations for management activities and other recommendations for recovery of the species.
(2) Solicitation of Data and Comments. In satisfying the requirements of Section 2074.4 of the Fish and Game Code, the department shall solicit both existing data on the candidate species from independent sources and comments on the petitioned action. During the status review period the department shall seek independent and competent peer review of the department status report whenever possible. For purposes of these regulations, peer review is defined as the analysis of a scientific report by persons of the scientific/academic community commonly acknowledged to be experts on the subject under consideration, possessing the knowledge and expertise to critique the scientific validity of the report. The department shall include in the status report a listing of the individuals and agencies that were given an opportunity to review the status report prior to its submittal to the commission. Any comments received shall also be included in the status report.
(3) Review Period for Department-Initiated Petitions. When a department-initiated petition is accepted by the commission for consideration, commission staff shall schedule receipt of the department's report prepared pursuant to Section 2074.6 of the Fish and Game Code for a commission meeting no sooner than 90 days from the date the notice of candidate species is published in the California Regulatory Notice Register.
(g) Receipt of Department's Status Report and Scheduling of Finding Hearing.
(1) Commission Meetings for Receipt of Report and Making of Finding. The commission shall receive the department's status report at a regularly scheduled meeting and provide for final consideration of the petition at the next scheduled meeting. Agendas for both of these meetings shall be distributed to all individuals requesting such notification.
(2) Upon Receipt by the Commission Office, Availability of Status Report. The Department's status report shall be made available for public review.
(h) Submission of Reports by Interested Parties During the Department's Review Period of Candidate Species.
(1) Time of Submission. Public comments, including critiques, rebuttals or comments on the petition or on the department's status review report, may be submitted in writing to the commission office or presented as oral or written testimony at the finding hearing on the petition. Interested parties who wish to submit a detailed written scientific report to the commission on the petitioned action must submit such report not later than the time the department submits its report pursuant to Section 2074.6 of the Fish and Game Code. Detailed scientific reports received after the department submits its review report may not be considered. The department shall provide interested parties with a preliminary estimation of the date the status review report will be submitted to the commission. Such estimations will be provided only upon written request and shall not obligate the department to submit the report at the time identified. The department shall reserve the right to submit the report at a later or earlier date. If, however, the report will be submitted appreciably earlier or later than the estimated date, the department shall notify those who made written requests at the earliest possible time. (Parties planning to submit scientific reports are encouraged to coordinate with the department during its review period and to share scientific information useful to the department in its review.)
(2) Solicitation of Comments. Interested individuals who wish to submit a detailed scientific report pursuant to subsection 670.1(h)(1) above may seek independent and competent peer review of this report prior to submission. All comments from the reviewers shall be included with the report to verify that peer review has been solicited. Failure to obtain peer review of privately prepared detailed scientific reports may be a factor considered by the Commission in its final determination on the petition.
(3) Availability of Detailed Scientific Report from Interested Individuals. Detailed scientific reports from private individuals shall be made available for public review upon receipt by the Commission office.
(i) Final Consideration of Petition by Commission. (Action warranted or not warranted.)
(1) Petition Action Warranted.
(A) Listing. A species shall be listed as endangered or threatened, as defined in sections 2062 and 2067 of the Fish and Game Code, if the Commission determines that its continued existence is in serious danger or is threatened by any one or any combination of the following factors:
1. Present or threatened modification or destruction of its habitat;
2. Overexploitation;
3. Predation;
4. Competition;
5. Disease; or
6. Other natural occurrences or human-related activities.
(B) Delisting. A species may be delisted as endangered or threatened, as defined in sections 2062 and 2067 of the Fish and Game Code, if the Commission determines that its continued existence is no longer threatened by any one or any combination of the factors provided in subsection (i)(1)(A) above.
1. Status During Delisting Process. A threatened or endangered species petitioned for delisting shall retain its listed status throughout the delisting process.
2. Removal of Species. After the commission has determined that the petitioned action is warranted, a delisted species shall retain its listed status until 30 days after the Office of Administrative Law has approved the associated rulemaking file and filed the regulation change with the Secretary of State.
(C) Uplisting and Downlisting. A threatened species may be uplisted to endangered if its continued existence throughout all or a significant portion of its range is in serious danger of becoming extinct by any one or any combination of the factors listed in subsection (i)(1)(A) above. An endangered species may be downlisted to threatened if it is no longer in serious danger of becoming extinct but special protection and management are still required because of continued threats to its existence by any one or any combination of the factors listed in subsection (i)(1)(A) above.
(2) Petitioned Action Not Warranted. The commission shall enter its findings in the public records and the subject species shall revert to its status prior to the filing of the petition.
(j) Submission of Regulatory Document. The department shall prepare an Initial Statement of Reasons for Regulation Change (also called Pre-publication of Notice Statement), including an assessment of the potential for adverse economic impact pursuant to Government Code Sections 11346.5 and 11346.53, when listing, delisting or change in status is recommended in the Department's report prepared pursuant to subsection (f) of this section. This document shall be submitted to the commission staff at the commission meeting after final consideration of the petition if the commission makes a finding that the petitioned action is warranted.


Note: Authority cited: Sections 2071 and 2071.5, Fish and Game Code. Reference: Sections 2062, 2067, 2071, 2071.5, 2072, 2072.3, 2072.7, 2073.3, 2073.5, 2074.2, 2074.4, 2074.6 and 2075.5, Fish and Game Code.

s 670.2. Plants of California Declared to Be Endangered, Threatened or Rare.
The following species, subspecies and varieties of California native plants are hereby declared to be endangered, threatened (as defined by section 2067 of the Fish and Game Code) or rare (as defined by section 1901 of the Fish and Game Code), as indicated:
(a) Endangered:
(1) Agavaceae (Agave Family)
(A)Nolina interrata(Dehesa nolina)
(2) Amaryllidaceae (Amaryllis Family)
(A)Brodiaea coronariassp.rosea(Indian Valley brodiaea)
(B)Brodiaea filifolia(thread-leaved brodiaea)
(C)Brodiaea insignis(Kaweah brodiaea)
(D)Brodiaea pallida(Chinese Camp brodiaea)
(3) Apiaceae (Carrot Family)
(A)Eryngium aristulatumvar.parishii(San Diego button-celery)
(B)Eryngium constancei(Loch Lomond button-celery)
(C)Eryngium racemosum(Delta button-celery)
(4) Asteraceae (Sunflower Family)
(A)Baccharis vanessae (Encinitas baccharis)
(B)Blennosperma bakeri (Sonoma sunshine)
(C)Cirsium ciliolatum(Ashland thistle)
(D)Cirsium fontinalevar.fontinale(fountain thistle)
(E)Cirsium fontinalevar.obispoense (Chorro Creek bog thistle)
(F)Eriophyllum latilobum (San Mateo woolly sunflower)
(G)Helianthus niveusssp.tephrodes(Algodones Dunes sunflower)
(H)Deinandraconjugens(Otay tarplant)(Otay tarplant)
(I)Deinandraincrescens ssp.ssp.villosa (Gaviota tarplant)
(J)Deinandramohavensis(Mojave tarplant)(Mojave tarplant)
(K)Holocarpha macradenia(Santa Cruz tarplant)
(L)Lasthenia burkei(Burke's goldfields)
(M)Layia carnosa (beach layia)
(N)Lessingia germanorum (San Francisco lessingia)
(O)Pentachaeta bellidiflora (white-rayed pentachaeta)
(P)Pentachaeta lyonii (Lyon's pentachaeta)
(Q)Pseudobahia bahiifolia(Hartweg's golden sunburst)
(R)Pseudobahia peirsonii(San Joaquin adobe sunburst)
(5) Berberidaceae (Barberry Family)
(A)Berberis nevinii (Nevin's barberry)
(B)Berberis pinnatassp.insularis(island barberry)
(C)Mahonia sonnei(Truckee barberry)
(6) Boraginaceae (Borage Family)
(A)Amsinckia grandiflora(large-flowered fiddleneck)
(B)Plagiobothrys diffusus(San Francisco popcorn-flower)
(7) Brassicaceae (Mustard Family)
(A)Arabis macdonaldiana(McDonald's rock cress)
(B)Caulanthus californicus(California jewel-flower)
(C)Erysimum capitatumvar.angustatum(Contra Costa wallflower)
(D)Erysimum menziesii(Menzies's wallflower)
(E)Erysimum teretifolium(Santa Cruz wallflower)
(F)Rorippa subumbellata(Tahoe yellow cress)
(G)Streptanthus niger (Tiburon jewel-flower)
(H)Thelypodium stenopetalum(slender-petaled thelypodium)
(8) Cactaceae (Cactus Family)
(A)Opuntia basilaris var.treleasei (Bakersfield cactus)
(9) Campanulaceae (Bellflower Family)
(A)Downingia concolor var.brevior (Cuyamaca Lake downingia)
(10) Caryophyllaceae (Pink Family)
(A)Arenaria paludicola (marsh sandwort)
(B)Silene campanulata ssp.campanulata (Red Mountain catchfly)
(11) Chenopodiaceae (Goosefoot Family)
(A)Atriplex tularensis(Bakersfield smallscale)
(B)Nitrophila mohavensis(Amargosa nitrophila)
(12) Convolvulaceae (Morning-glory Family)
(A)Calystegia stebbinsii(Stebbins's morning-glory)
(13) Crassulaceae (Stonecrop Family)
(A)Dudleya brevifolia(short-leaved dudleya)
(B)Dudleya traskiae(Santa Barbara Island dudleya)
(C)Sedellaleiocarpa (Lake County stonecrop) (Lake County stonecrop)
(14) Cupressaceae (Cypress Family)
(A)Cupressus abramsiana(Santa Cruz cypress)
(15) Cyperaceae (Sedge Family)
(A)Carex albida(white sedge)
(16) Ericaceae (Heath Family)
(A)Arctostaphylos densiflora(Vine Hill manzanita)
(B)Arctostaphylos hookerissp.hearstiorum(Hearst's manzanita)
(C)Arctostaphylos hookerissp.ravenii(Presidio manzanita)
(D)Arctostaphylos imbricata(San Bruno Mountain manzanita)
(E)Arctostaphylos pacifica(Pacific manzanita)
(F)Arctostaphylos pallida(pallid manzanita)
(G)Ornithostaphylos oppositifolia (Baja California birdbush)
(17) Fabaceae (Pea Family)
(A)Astragalus agnicidus(Humboldt milk-vetch)
(B)Astragalus lentiginosusvar.sesquimetralis(Sodaville milk-vetch)
(C)Astragalus magdalenaevar.peirsonii(Peirson's milk-vetch)
(D)Astragalus pycnostachyus var. lanosissimus(Ventura marshmilk-vetch)milk-vetch)
(E)Astragalus tenervar.titi(coastal dunes milk-vetch)
(F)Lotus argophyllusvar.adsurgens(San Clemente Island bird's-foot trefoil)
(G)Lotus argophyllusvar.niveus(Santa Cruz Island bird's-foot trefoil)
(H)Lotus dendroideusvar.traskiae(San Clemente Island lotus)
(I)Lupinus nipomensis(Nipomo Mesa lupine)
(J)Lupinus tidestromiivar.tidestromii(Tidestrom's lupine)
(K)Trifolium trichocalyx(Monterey clover)
(18) Hydrophyllaceae (Waterleaf Family)
(A)Eriodictyon altissimum(Indian Knob mountainbalm)
(19) Lamiaceae (Mint Family)
(A)Acanthominthaduttonii(San Mateo thorn-mint)
(B)Acanthomintha ilicifolia(San Diego thorn-mint)
(C)Monardella linoidesssp.viminea(willowy monardella)
(D)Pogogyne abramsii(San Diego mesa mint)
(E)Pogogyne clareana(Santa Lucia mint)
(F)Pogogyne nudiuscula(Otay Mesa Mint)
(20) Liliaceae (Lily Family)
(A)Fritillaria roderickii(Roderick's fritillary)
(B)Lilium occidentale(western lily)
(C)Lilium pardalinum ssp. pitkinense(Pitkin Marsh lily)
(21) Limnanthaceae (False Mermaid Family)
(A)Limnanthes douglasiivar.sulphurea(Point Reyes meadowfoam)
(B)Limnanthes floccosassp.californica(Butte County meadowfoam)
(C)Limnanthes gracilisvar.parishii(Parish's meadowfoam)
(D)Limnanthes vinculans(Sebastopol meadowfoam)
(22) Linaceae (Flax Family)
(A)Hesperolinon didymocarpum(Lake County western flax)
(23) Malvaceae (Mallow Family)
(A)Malacothamnus clementinus(San Clemente Island bush mallow)
(B)Malacothamnus fasciculatusvar.nesioticus(Santa Cruz Island bush mallow)
(C)Sidalcea covillei(Owens Valley checkerbloom)
(D)Sidalcea oreganassp.valida(Kenwood Marsh checkerbloom)
(E)Sidalcea pedata(bird-foot checkerbloom)
(F)Sidalcea stipularis(Scadden Flat checkerbloom)
(24) Onagraceae (Evening-primrose Family)
(A)Clarkia franciscana(Presidio clarkia)
(B)Clarkia imbricata(Vine Hill clarkia)
(C)Clarkia lingulata(Merced clarkia)
(D)Clarkia springvillensis(Springville clarkia)
(E)Oenothera deltoidesssp.howellii(Antioch dunes evening-primrose)
(25) Poaceae (Grass Family)
(A)Dichanthelium lanuginosumvar.thermale(Geysers dichanthelium)
(B)Neostapfia colusana(Colusa grass)
(C)Orcuttia californica(California Orcutt grass)
(D)Orcuttia inaequalis(San Joaquin Valley Orcutt grass)
(E)Orcuttia pilosa(hairy Orcutt grass)
(F)Orcuttia tenuis(slender Orcutt grass)
(G)Orcuttia viscida(Sacramento Orcutt grass)
(H)Poa napensis(Napa blue grass)
(I)Tuctoria mucronata(Crampton's tuctoria)
(26) Polemoniaceae (Phlox Family)
(A)Eriastrum densifoliumssp.sanctorum (Santa Ana River woollystar)
(B)Navarretia leucocephalassp.plieantha(many-flowered navarretia)(many-flowered navarretia)
(C)Phlox hirsuta(Yreka phlox)
(27) Polygonaceae (Buckwheat Family)
(A)Chorizanthe orcuttiana(Orcutt's spineflower)
(B)Chorizanthe parryi var.fernandina (San Fernando Valley spineflower)
(C)Chorizanthe valida (Sonoma spineflower)
(D)Dodecahema leptoceras(slender-horned spineflower)
(E)Eriogonum alpinum(Trinity buckwheat)
(F)Eriogonum apricumvar.apricum(Ione buckwheat)
(G)Eriogonum apricumvar.prostratum(Irish Hill buckwheat)
(H)Eriogonum thornei(Thorne's buckwheat)
(I)Eriogonum grandessp.timorum(San Nicholas Island buckwheat)
(J)Eriogonum kelloggii(Kellogg's buckwheat)
(K)Polygonum hickmanii (Scotts Valley polygonum)
(28) Ranunculaceae (Buttercup Family)
(A)Delphinium variegatumssp.kinkiense(San Clemente Island larkspur)(San Clemente Island larkspur)
(29) Rhamnaceae (Buckthorn Family)
(A)Ceanothus ophicochilus (Vail Lake ceanothus)
(30) Rosaceae (Rose Family)
(A)Cercocarpus traskiae(Catalina Island mountain-mahogany)
(B)Potentilla hickmanii (Hickman's cinquefoil)
(C)Rosa minutifolia(small-leaved rose)
(31) Rubiaceae (Madder Family)
(A)Galium catalinensessp.acrispum(San Clemente Island bedstraw)
(32) Saxifragaceae (Saxifrage Family)
(A)Lithophragma maximum(San Clemente Island woodland star)
(33) Scrophulariaceae (Figwort Family)
(A)Castilleja campestris ssp.succulenta (succulent owl's-clover)
(B)Castilleja grisea (San Clemente Island Indian paintbrush)
(C)Castilleja uliginosa (Pitkin Marsh Indian paintbrush)
(D)Cordylanthus maritimus ssp.maritimus (salt marsh bird's-beak)
(E)Cordylanthus palmatus (palmate-bracted bird's-beak)
(F)Cordylanthus rigidus ssp.littoralis (seaside bird's-beak)
(G)Gratiola heterosepala (Boggs Lake hedge-hyssop)
(b) Threatened:
(1) Amaryllidaceae (Amaryllis Family)
(A)Allium munzii (Munz's onion)
(2) Asteraceae (Sunflower Family)
(A)Cirsium loncholepis (La Graciosa thistle)
(B)Cirsium rhothophilum (surf thistle)
(C)Hazardia orcuttii (Orcutt's hazardia)
(D)Verbesina dissita (crownbeard)
(3) Boraginaceae (Borage Family)
(A)Plagiobothrys strictus (Calistoga popcorn-flower)
(4) Brassicaceae (Mustard Family)
(A)Dithyrea maritima (beach spectaclepod)
(B)Nasturtiumgambelii (Gambel's water cress) (Gambel's water cress)
(5) Crassulaceae (Stonecrop Family)
(A)Dudleya stolonifera(Laguna Beach dudleya)
(6) Fabaceae (Pea Family)
(A)Astragalus claranus (Clara Hunt's milk-vetch)
(B)Lupinus citrinusvar.deflexus (Mariposa lupine)
(C)Lupinus milo-bakeri(Milo Baker's lupine)
(7) Liliaceae (Lily Family)
(A)Calochortus tiburonensis(Tiburon mariposa lily)
(B)Fritillaria striata(striped adobe-lily)
(8) Linaceae (Flax Family)
(A)Hesperolinon congestum (Marin western flax)
(9) Philadelphaceae (Mock Orange Family)
(A)Carpenteria californica (tree-anemone)
(10) Poaceae (Grass Family)
(A)Pleuropogonhooverianus (North Coast semaphore grass)
(11) Polemoniaceae (Phlox Family)
(A)Gilia tenuiflorassp.arenaria (sand gilia)
(B)Navarretia leucocephalassp.pauciflora (few-flowered navarretia) (few-flowered navarretia) (continued)