Loading (50 kb)...'
(continued)
(6) Written Record Requirement. The operator of a wildlife rehabilitation facility shall maintain a written record for each animal being cared for. This record shall include the name and address of the person finding the animal, the location where the animal was found, a description of its condition and treatment, the dates it was received and transferred from the facility and the location of its final disposition.
(7) Availability of Records. The operator of a wildlife rehabilitation facility shall make all records, wildlife being rehabilitated and any materials used for the confinement, treatment, or care of wildlife, available for inspection by department employees or employees of the Department of Food and Agriculture or Department of Health Services or any other person authorized to enforce these regulations.
(g) Compliance With Other Restrictions. These regulations, or any permit issued pursuant thereto, do not authorize possession of any wild animal in violation of any other Federal, state, city, or county law, ordinance or regulation, including but not limited to any California Department of Health Services Rabies Control regulations.
Note: Authority cited: Sections 200, 2000, 3005.5, 3800 and 4150, Fish and Game Code. Reference: Sections 200, 1008, 2000, 2001, 3005.5, 3511, 3800, 4150, 4190 and 4800, Fish and Game Code; and Section 8670.61.5, Government Code.
s 680. Propagation, Sale, Transportation and Release of Birds or Mammals by Domestic Game Breeders, Licensed Pheasant Clubs, or Domestic Migratory Game Bird Shooting Areas.
(a) For the purpose of this section, a diseased bird or mammal is one that carries a disease which is detrimental to wild populations.
(b) No birds or mammals, designated by the department to be diseased, shall be propagated, sold, transported, released, or otherwise disposed of without a free written permit issued by the department.
Note: Authority cited: Sections 2120, 3302, 3303 and 3516, Fish and Game Code. Reference: Sections 2116, 2118.2, 2118.4, 2119-2155, 2185-2191, 3270.5, 3274, 3281-3283, 3287-3300, 3302-3305, 3307, 3311 and 3500-3517, Fish and Game Code.
s 690. Captive Breeding of Albino Native Reptiles and Amphibians.
Note: Authority cited: Sections 5061 and 6896, Fish and Game Code. Reference: Sections 5061 and 6896, Fish and Game Code.
s 695. Taxidermists.
(a) Records: Every person who prepares, stuffs or mounts the skin or any part of any fish, reptile, bird or mammal for another person shall keep an accurate record of all fish, reptile, bird or mammal carcasses, skins or parts thereof received, acquired, stored or possessed for taxidermy purposes. Such record shall include the following:
(1) The name and address of the person from whom each specimen is received;
(2) The name and address of the owner of each specimen received, including the hunting or fishing license number and license tag number (if applicable);
(3) A description of each specimen, including the species of fish, reptile, bird or mammal, and the part of the animal received;
(4) The name and address of the person to whom each processed specimen is delivered;
(5) The date each specimen is received, and the date the processed specimen is delivered;
(6) A copy of the declaration of entry or the bill of lading accompanying all fish, reptile, bird or mammal carcasses, skins or parts thereof which are received or delivered from out of state required pursuant to section 2353 of the Fish and Game Code shall be retained.
(b) Immediate Recording: Upon receiving a fish, reptile, bird or mammal or part thereof, the information required in this regulation shall be immediately recorded.
(c) Inspection and Retention of Records: The records required by this regulation shall be open for inspection by department employees upon request. The records shall be retained for a period of one year, except that such record shall be retained permanently for any unclaimed or unredeemed specimen.
(d) Sale of Unclaimed or Unredeemed Specimens: Every person who prepares, stuffs or mounts the skin or any part of fish, reptiles, bird or mammal for another person and who keeps the records provided in (a) may sell unclaimed or unredeemed skins under the following conditions:
(1) A notice shall be posted where it is visible to all persons who bring skins to a taxidermist for preparation, stuffing, or mounting, stating that the skins will be sold pursuant to chapter 6 (commencing with section 3046) of part 4 of division 3 of the Civil Code if unclaimed or unredeemed by the owner.
(2) The department shall, upon request, be provided with the name and address of any person who has failed to claim or redeem any skin or part thereof.
(3) The sale price of any prepared, stuffed, or mounted skin or part thereof, shall not exceed the actual cost of labor, preparation and advertising costs relating to the sale, less any amount already paid by the owner of the skin for its preparation, stuffing, or mounting.
(4) No skin or part of any fully protected, rare, or endangered species of fish, reptile, bird or mammal may be sold.
(5) No skin or part of any migratory bird covered by the federal Migratory Bird Treaty Act or Bald Eagle Act may be sold without approval of the U.S. Fish and Wildlife Service.
(6) The notice to customers required in (1) above shall include a copy of subdivision (d) of this regulation.
Note: Authority cited: Section 3087, Fish and Game Code. Reference: Section 3087, Fish and Game Code.
s 696. Fur Dealer and Fur Agent Licenses.
(a) Fur Dealer License. Every person engaging in, carrying on, or conducting, wholly or in part, the business of buying, selling, trading or dealing in raw furs of furbearing mammals or nongame mammals shall first procure a fur dealer license.
Each licensed fur dealer shall submit, not later than July 1, to the department at 1416 Ninth Street, Sacramento, California 95814, an annual report on forms provided by the department.
(b) Fur Agent License. Any person employed by a licensed fur dealer to engage in the business of buying, selling, trading or dealing in raw furs only on behalf of the fur dealer, and not on his own behalf, shall first procure a fur agent license, providing that the fur dealer employing that person has submitted the annual report required in (a) above. Such licenses shall be valid for a term of one year from July 1, or if issued after the beginning of such term, for the remainder thereof.
(c) It shall be unlawful for any fur dealer or fur agent to purchase the raw fur of any furbearing mammal or nongame mammal from any person who does not hold a valid trapping license, fur dealer license, or fur agent license.
Note: Authority cited: Sections 4009.5, 4042 and 4150, Fish and Game Code. Reference: Sections 4009.5, 4030-4043 and 4150, Fish and Game Code.
s 699. Fees.
Pursuant to the provisions of section 1050 of the Fish and Game Code, and in compliance with the provisions of section 713 of said Code, the Department shall annually adjust the fees of all licenses, certificates, permits and license tags, or other entitlement required by regulations set forth in this title 14.
(a) Base Year. Unless otherwise specified by the Fish and Game Code, or regulations adopted pursuant thereto, the base year for establishment of fees shall be 1991, or the year in which the license, certificate, permit or license tag was established after 1991.
(b) Permit Fees: Unless otherwise provided in this title 14 or in the Fish and Game Code, the Department shall charge a fee of thirty dollars ($30.00) for any permit issued pursuant to these regulations.
Note: Authority cited: Sections 240, 713 and 1050, Fish and Game Code. Reference: Sections 240, 713 and 1050, Fish and Game Code.
s 699.5. Fees for Lake and Streambed Alteration Agreements.
(a) Definitions.
(1) For purposes of this section, the following definitions apply:
(A) "Activity" means any activity that by itself would be subject to subdivision (a) of section 1602 of the Fish and Game Code.
(B) "Agreement" means a lake or streambed alteration agreement issued by the department.
(C) "Agreement for routine maintenance" means an agreement that: (1) covers only multiple routine maintenance projects that the entity will complete at different time periods during the term of the agreement; and (2) describes a procedure the entity must follow for any maintenance projects the agreement covers.
(D) "Agreement for timber harvesting" means an agreement of five years or less that covers one or more projects that are included in a timber harvesting plan approved by the California Department of Forestry and Fire Protection.
(E) "Department" means the California Department of Fish and Game.
(F) "Extension" means either a renewal of an agreement executed prior to January 1, 2004, or an extension of an agreement executed on or after January 1, 2004.
(G) "Master agreement" means an agreement with a term of greater than five years that: (1) covers multiple projects that are not exclusively projects to extract gravel, sand, or rock; not exclusively projects that are included in a timber harvesting plan approved by the California Department of Forestry and Fire Protection; or not exclusively routine maintenance projects that the entity will need to complete separately at different time periods during the term of the agreement; and (2) describes a procedure the entity must follow for construction, maintenance, or other projects the agreement covers.
An example of a project for which the department would issue a master agreement is a large-scale development proposal comprised of multiple projects for which specific, detailed design plans have not been prepared at the time of the original notification. The master agreement will specify a process the department and entity will follow before each project begins and may identify various measures the entity will be required to incorporate as part of each project in order to protect fish and wildlife resources. As a general rule, the process specified in the master agreement will require the entity to notify the department before beginning any project the agreement covers and submit a fee based on the cost of the project. After the department receives the notification, it will confirm that the master agreement covers the project and propose measures to protect fish and wildlife resources in addition to any included in the master agreement, if such measures are necessary for the specific project. A master agreement will typically, but not always, encompass one or more watersheds and/or relate to a habitat conservation plan or natural community conservation plan. By contrast, if the large-scale development proposal is comprised of, for example, multiple residences, golf courses, and associated infrastructure projects for which specific, detailed design plans have been prepared by the time the entity notifies the department and the entity is ready to begin those projects, the department would issue the entity a standard agreement.
(H) "Master agreement for timber operations" means an agreement with a term of greater than five years that: (1) covers timber operations on timberland that are not exclusively projects to extract gravel, sand, or rock; not exclusively projects that are included in a timber harvesting plan approved by the California Department of Forestry and Fire Protection; or not exclusively routine maintenance projects that the entity will need to complete separately at different time periods during the term of the agreement; and (2) describes a procedure the entity must follow for construction, maintenance, or other projects the agreement covers. For the purposes of this definition, "timberland" and "timber operations" have the same meaning as those terms are defined in sections 4526 and 4527 of the Public Resources Code, respectively.
(I) "Project" means either of the following as determined by the department:
1. One activity. An example of such a project is one that is limited to the removal of riparian vegetation at one location along the bank of a river, lake, or stream that will substantially change the bank.
2. Two or more activities that are interrelated and could or will affect similar fish and wildlife resources. An example of such a project is the construction of one bridge across a stream that requires the removal of riparian vegetation, the installation of abutments in or near the stream, and the temporary de-watering of the stream using a diversion structure. Each of those three activities together would constitute one project for the purpose of calculating the fee under this section because they are all related to the single purpose of constructing one bridge at one location. By contrast, the construction of three bridges and two culverts across a stream at five different locations would not constitute one project, but instead would constitute five projects, even if each structure were to provide access to a common development site and/or were physically connected to each other by a road.
"Project" does not mean project as defined in section 21065 of the Public Resources Code or section 15378 of title 14 of the California Code of Regulations.
(J) "Standard agreement" means any agreement other than an agreement for gravel, rock, or sand extraction, an agreement for timber harvesting, an agreement for routine maintenance, a master agreement, or a master agreement for timber operations.
(b) Standard Agreement.
(1) Fee if the term of the agreement is 5 years or less:
(A) $200 if the project costs less than $5,000.
(B) $250 if the project costs from $5,000 to less than $10,000.
(C) $500 if the project costs from $10,000 to less than $25,000.
(D) $750 if the project costs from $25,000 to less than $100,000.
(E) $1,100 if the project costs from $100,000 to less than $200,000.
(F) $1,500 if the project costs from $200,000 to less than $350,000.
(G) $2,250 if the project costs from $350,000 to less than $500,000.
(H) $4,000 if the project costs $500,000 or more.
(2) Fee if the term of the agreement is longer than 5 years:
(A) $2,400 base fee, plus the fee specified in subdivision (b), paragraph (1).
(3) For the purpose of this subdivision, project cost means the cost to complete each project for which notification is required.
(4) As a general rule, a notification for a standard agreement should identify only one project. If an entity chooses to identify more than one project in a single notification, the department may require the entity to separately notify the department for one or more of the projects included in the original notification based on their type or location. If the notification includes more than one project, the fee shall be calculated by adding the separate fees for each project. For example, if a notification identifies three projects, one of which will cost less than $5,000 to complete, one of which will cost $7,500 to complete, and one of which will cost $17,500 to complete, the fee for the first project would be $200, the fee for the second project would be $250, and the fee for the third project would be $500. Hence, the total fee the entity would need to submit with the notification that identifies those three projects would be $950.
(5) An entity may not obtain a standard agreement for any project identified in the notification that qualifies for an agreement for gravel, rock, or sand extraction, an agreement for timber harvesting, an agreement for routine maintenance, a master agreement, or a master agreement for timber operations unless the department agrees otherwise.
(6) Fee submittal:
(A) If the entity requests an agreement with a term of 5 years or less, the fee specified in paragraph (1) must be submitted with the notification.
(B) If the entity requests an agreement with a term longer than 5 years, the fee specified in paragraph (2) must be submitted with the notification.
(c) Agreement for Gravel, Sand, or Rock Extraction.
(1) Fee if the term of the agreement is 5 years or less:
(A) $500 if the annual extraction volume identified in the notification is less than 500 cubic yards.
(B) $1,000 if the annual extraction volume identified in the notification is 500 to less than 1,000 cubic yards.
(C) $2,500 if the annual extraction volume identified in the notification is 1,000 to less than 5,000 cubic yards.
(D) $5,000 if the annual extraction volume identified in the notification is 5,000 or more cubic yards.
(2) Fee if the term of the agreement is longer than 5 years:
(A) $10,000 base fee, plus an annual fee of $1,000.
(3) Fee submittal:
(A) If the entity requests an agreement with a term of 5 years or less, the fee specified in paragraph (1) must be submitted with the notification.
(B) If the entity requests an agreement with a term longer than 5 years, the base fee specified in paragraph (2) must be submitted with the notification.
(d) Agreement for Timber Harvesting.
(1) Fee:
(A) $1,200 base fee, plus $100 for each project.
(2) Fee submittal:
(A) The fee specified in paragraph (1) must be submitted with the notification.
(e) Agreement for Routine Maintenance.
(1) Fee if the term of the agreement is 5 years or less:
(A) $1,200 base fee, plus $100 for each maintenance project completed per calendar year.
(2) Fee if the term of the agreement is longer than 5 years:
(A) $2,400 base fee, plus $100 for each maintenance project completed per calendar year.
(3) Fee submittal:
(A) If the entity requests an agreement with a term of 5 years or less, the base fee specified in paragraph (1) at a minimum must be submitted with the notification.
(B) If the entity requests an agreement with a term longer than 5 years, the base fee specified in paragraph (2) at a minimum must be submitted with the notification.
(f) Master Agreement.
(1) Fee:
(A) $30,000 base fee, plus:
1. An annual fee of $2,500, unless the department specifies otherwise.
2. $250 for each project the agreement covers, unless the department specifies otherwise.
(2) Fee submittal:
(A) The base fee specified in paragraph (1) at a minimum must be submitted with the notification.
(g) Master Agreement for Timber Operations.
(1) Fee:
(A) $7,500 base fee, plus:
1. An annual fee of $1,000, unless the department specifies otherwise.
2. $100 for each project the agreement covers, unless the department specifies otherwise.
(2) Fee submittal:
(A) The base fee specified in paragraph (1) at a minimum must be submitted with the notification.
(h) If an entity chooses to identify more than one project in a single notification, the total fee may exceed $5,000 regardless of the term of the agreement.
(i) Extensions for Agreements.
(1) Fee:
(A) $200.
(2) Fee submittal:
(A) The fee specified in paragraph (1) must be submitted with the request for an extension.
(3) For the purpose of this subdivision and subdivisions (j) and (k), an extension is not an amendment.
(j) Minor Amendments.
(1) Fee:
(A) $150.
(B) For the purpose of this subdivision, a minor amendment is one that would not significantly modify the scope or nature of any project covered by the agreement or any measure included in the agreement to protect fish and wildlife resources.
(k) Major Amendments.
(A) $500.
(B) For the purpose of this subdivision, a major amendment is one that would significantly modify the scope or nature of any project covered by the agreement or any measure included in the agreement to protect fish and wildlife resources, or require additional environmental review pursuant to section 21000 et seq. of the Public Resources Code or section 15000 et seq. of title 14 of the California Code of Regulations.
(C) A project may not be added to an agreement by amendment unless the agreement specifies otherwise.
(l) California Environmental Quality Act ( "CEQA").
(1) When the department is required to act as lead agency in administering or enforcing sections 1600-1616 of the Fish and Game Code, the department may charge and collect a reasonable fee from the entity to recover its estimated CEQA-related costs in accordance with section 21089 of the Public Resources Code. The department may recover its estimated CEQA-related costs by collecting from the entity one or more deposits. The amount of the first deposit shall be at least $1,500. The department shall refund any unused deposit to the entity.
(m) Payment of Fees.
(1) The department may refuse to process a notification or a request for an extension or amendment until the department receives the proper fee or fees.
(n) Refunds.
(1) If an entity requests an agreement with a term longer than 5 years and the department denies the entity's request, the department will return the fees paid and instruct the entity to submit the applicable fee for an agreement with a term of 5 years or less.
(2) If after receiving a notification the department determines that notification is not required because the project is not subject to subdivision (a) of section 1602 of the Fish and Game Code, the department shall refund to the entity any fees submitted with the notification.
Note: Authority cited: Section 1609, Fish and Game Code; and Section 21089, Public Resources Code. Reference: Section 1609, Fish and Game Code; and Section 21089, Public Resources Code.
s 700. Hunting and Fishing Licenses, Possession and Display Of.
(a) Display of Sport Fishing License: Every person, while engaged in taking any fish, amphibian or reptile, shall display their valid sport fishing license by attaching it to their outer clothing at or above the waistline so that it is plainly visible, except when diving as provided in Section 7145 of the Fish and Game Code.
(b) Possession of Hunting License: Every person, while engaged in taking any bird or mammal must have on their person or in their immediate possession a valid hunting license.
Note: Authority cited: Sections 200, 202, 203, 205, 215, 1050 and 3050, Fish and Game Code. Reference: Sections 200-205, 215, 220, 221, 1050, 1052, 1053, 2012, 3007, 3031, 3037, 3055, 3060-3063 and 7145-7150.5, Fish and Game Code.
s 701. Sport Fishing Forms and Fees.
(a) Declaration for Multi-Day Fishing Trip (FG 935 (rev. 06/05) incorporated by reference herein) $ 4.50
(b) Permit Authorizing Transit of a Recreational Fishing Vessel Through Areas Closed to Fishing (Annual) (FG 672 (rev. 07/05), incorporated by reference herein) $32.00
(c) Permit Authorizing Transit of a Recreational Fishing Vessel Through Areas Closed to Fishing (30 Days or less) (FG 672 (rev. 07/05), incorporated by reference herein) $8.00
(d) 2006 Salmon Punch Card $1.50
(e) Pursuant to the provisions of Section 699, Title 14, the department shall annually adjust the fees of all licenses, stamps, permits, tags, or other entitlement required by regulations set forth in this section.
Note: Authority cited: Sections 200, 202, 205, 220, 713, 1050 and 7380, Fish and Game Code. Reference: Sections 200, 202, 205, 206, 220, 713, 1050, 1055 and 7380, Fish and Game Code.
s 702. Hunting Applications, Tags, Seals, Permits, Reservations and Fees.
(a) Private Wildlife Management Areas
(1) License Application (Initial - FG WPB 538 (Rev. 01/06), Annual Renewal - FG WPB 539 (Rev. 01/06), 5-Year Renewal - FG WPB 537 (Rev. 01/06), incorporated by reference herein)
(A) less than 5000 acres $1,377.50
(B) 5,001 to 10,000 acres $1,983.75
(C) 10,001 to 15,000 acres $2,314.50
(D) greater than 15,001 acres $2,645.00
(2) Tags and Seals
(A) 2006 Antelope Tag (Buck) $165.25
(B) 2006 Antelope Tag (Doe) $ 99.25
(C) 2006 Bear Tag $ 46.50
(D) 2006 Deer Tag (Antlerless) $ 52.75
(E) 2006 Deer Tag (Buck) $ 52.75
(F) 2006 Deer Tag (Either-sex) $ 52.75
(G) 2006 Elk Tag (Antlerless) $330.75
(H) 2006 Elk Tag (Bull) $462.75
(I) 2006 Pig Tag $ 46.50
(J) 2006 Turkey Tag $ 20.00
(K) 2006/2007 Upland Game seals $ 01.00
(b) Reservation Drawings and Permits to Hunt on State and Federal Areas
(1) Reservation Drawings
(A) 2006/2007 Per Hunt Choice $ 1.25
(2) Passes and Permits
(A) 2006/2007 Type A Season Pass $112.25
(B) 2006/2007 Type B Season Pass $ 37.25
(C) 2006/2007 Type A Two-Day Pass $ 24.25
(D) 2006/2007 One-Day Entry Permit $ 14.75
(c) Hunting Tags and Applications
(1) Applications Processing
Fees Fees
(A) 2006/2007 $ 3.25 $ 19.00
California
Resident
First-Deer Tag Application
(LRB 1371A (Rev. 4/2006),
incorporated by reference
herein)
(B) 2006/2007 $ 3.25 $192.50
California
Nonresident
First-Deer Tag Application
(LRB
1371B (Rev. 4/2006),
incorporated
by reference herein
(C) 2006/2007 $ 3.25 $ 24.50
California
Resident
Second-Deer Tag Application
(LRB 1371C (Rev. 4/2006),
incorporated by reference
herein)
(D) 2006/2007 $ 3.25 $192.50
California
Nonresident
Second-Deer Tag Application
LRB 1371D (Rev. 4/2006),
incorporated
by reference herein)
(E) 2006/2007 $ 3.25 $ 29.25
California
Resident Bear
Tag
Application (LRB 1365A (Rev.
4/2006),
incorporated by reference
herein)
(F) 2006/2007 $ 3.25 $203.25
Nonresident Bear
Tag
Application (LRB 1365B (Rev.
4/2006),
incorporated by reference
herein)
(G) 2006 Resident $ 7.50 $106.25
Antelope Drawing
Application (Single) (LRB
1363
(Rev. 4/2006), incorporated
by
reference herein)
(H) 2006 Resident $15.00 $106.25
Antelope Drawing
Application (Party) (LRB 1363
(Rev. 4/2006), incorporated
by reference
herein)
(I) 2006 Resident Elk $ 7.50 $318.50
Drawing
Application
(Single) (LRB 1364 (Rev.
4/2006),
incorporated by reference
herein)
(J) 2006 Resident Elk $ 15.00 $318.50
Drawing
Application
(Party) (LRB 1364 (Rev.
4/2006),
incorporated by reference
herein)
(K) 2006 Nelson $ 7.50 (Resident)
Bighorn Sheep
Drawing
Application $300.25
(Single) (LRB
1362
(Rev. 4/2006), (Nonresiden-
incorporated by t)
reference
herein) $500.00
(L) Bobcat Tags (Five) $ 12.00
(M) Deer Tags - $ 7.50
Exchange
(d) Pursuant to the provisions of Section 699, Title 14, the department shall annually adjust the fees of all licenses, stamps, permits, tags, or other entitlement required by regulations set forth in this section.
Note: Authority cited: Sections 200, 202, 203, 215, 220, 331, 332, 713, 1050, 1055, 1055.1, 1572, 4331, 4336 and 10502, Fish and Game Code. Reference: Sections 200, 202, 203, 203.1, 207, 210, 215, 219, 220, 331, 332, 713, 1050, 1055, 1570, 1571, 1572, 1573, 3950, 3951, 4302, 4330, 4331, 4332, 4333, 4336, 4340, 4341, 4652, 4653, 4654, 4655, 4657, 4750, 4751, 4752, 4753, 4754, 4755, 4902, 10500 and 10502, Fish and Game Code.
s 705. Hunting and Fishing Licenses, Application for.
The following procedure shall be followed in issuing hunting or sport fishing licenses:
(a) A hunting or sport fishing license, except as provided in subsection 705 (b), Title 14, CCR, shall contain the following information about the licensee before being issued to the licensee:
(1) True name
(2) Residence address
(3) Date of Birth
(4) Height
(5) Color of eyes
(6) Color of hair
(7) Weight
(8) Sex
(b) A sport fishing license issued pursuant to subsections 7149(a)(3) and 7149(c) of the Fish and Game Code shall contain the date of validity.
(c) Notwithstanding the provisions of Fish and Game Code section 1053, a person may purchase a hunting or sport fishing license, license tags or license stamps for another person, as long as the application contains the licensee's true name and residence address. Prior to using any license or license stamps, the licensee shall complete the license so that it contains all of the information required in subsection (a) above.
Note: Authority cited: Sections 1050 and 4331, Fish and Game Code. Reference: Sections 1050, 3031, 4331, 7145, 7149, 7149.2 and 7150, Fish and Game Code.
s 706. Hunting and Fishing License, Validation of.
Except as provided in subsection 705(b) above, every hunting or sport fishing license to be valid shall contain the information required in section 705 above, and it shall be signed by the licensee and the license shall show the date of issue.
Note: Authority Cited: Section 200, 202, 203 and 205, Fish and Game Code.Reference: Sections 70, 200-205, 220, 221, 1050-1110, 2012, 3007, 3031, 3031.5, 3034, 3037, 3038, 3049, 3050, 3052, 3053, 3055, 3060-3063 and 7145-7150.5, Fish and Game Code.
s 707. Licenses, Certificates, Permits and License Tags, Dating of.
Except as provided in subsection 705(b) above, every person who issues any license, certificate, permit or license tag authorized by the Fish and Game Code, shall enter in the space provided on the license, certificate, permit or license tag the date it was issued, and when required by the department, shall maintain a record of the date issued in the manner prescribed by the department. Any license agent who issues a permit or license tag shall immediately enter the tag number in the space provided on the appropriate current license.
Note: : Authority cited: Sections 200, 202, 203 and 205, Fish and Game Code. Reference:Sections 1050-1054.5, 1056, 1059-1110, 3034, 3037, 3038, 3050, 3053, 3055, 3060, 3063, 7146, 7149 and 7150, Fish and Game Code.
s 708. Big Game License Tag, Application, Distribution and Reporting Procedures.
(a) Deer License Tag Procedures and Requirements
(1) Deer License Tags.
No person shall hunt deer without a valid deer license tag in possession for that particular area as defined in sections 360 and 361. Deer shall be tagged only with a valid deer license tag for the area (as defined in sections 360 and 361) in which the deer is killed. Except as otherwise provided in the Fish and Game Code, no person shall take more than two deer during any license year.
(2) Deer License Tag Application and Distribution Procedures.
(A) Distribution of License Tags:
1. Premium deer hunt tags for X zones, additional hunts, and area-specific archery hunts shall be distributed by drawing, as described in subsection 708(g)(1) and (2), unless otherwise authorized. Applicants shall submit their deer tag application to the department at the address specified on the application. Applications must be received by the department by 5:00 p.m. on the first business day after June 1. Successful applicants will be selected by drawing within 10 business days following the application deadline date. If the drawing is delayed due to circumstances beyond the department's control, the department shall conduct the drawing at the earliest date possible. Successful and unsuccessful applicants will be notified by mail.
2. Except as noted in subsection 708(a)(2)(E) below, deer tags for A, B, C, and D zones and leftover drawing tags shall be issued upon request until each tag quota fills. If, on any given day, the number of applications received for any zone or hunt exceeds the number of available tags, the department may conduct a drawing for that zone or hunt.
(B) Application Forms: Except for permits and deer tags issued pursuant to sections 4181.5, 4188, and 4334 of the Fish and Game Code, applications for deer tags, as specified in Section 702, may be made available to the public at designated license agents and department offices.
(C) Application Procedures:
1. Applicants must be at least 12 years of age on or before July 1 of the license year for which they are applying or at the time of application if they are applying after July 1 and possess a California resident or nonresident hunting license valid for the deer hunting season for which they are applying, except applicants for additional junior deer hunts, who must possess a California junior hunting license. Two-day nonresident hunting licenses shall not be used to apply for deer tags.
2. No more than six persons may apply together as a party. To be considered as a party, all applications must be stapled together with the party leader's application on top and mailed in one envelope. All party members' applications must show the same tag choices in the same order of preference, the total number of persons in the party, and the party leader's name and identification number. All party members shall be awarded tags according to the choices listed on the party leader's application. Party applications for premium deer hunts shall not be split to meet the tag quota if the number of party members exceeds the number of available tags. Party applications which exceed the number of available tags shall be bypassed until the quota is reached. Incorrect or incomplete party applications will be separated and awarded tags on an individual basis.
3. Incomplete, incorrect, late or ineligible applications will be rejected.
(D) Application Fee: The department shall require that the specified fee for a deer tag, as specified in Section 4332 of the Fish and Game Code, be paid as a prerequisite to obtaining a deer tag application. In addition to the tag fee, the department shall also charge a nonrefundable processing fee, as specified in Section 702, for each deer tag application.
(E) Application Restrictions:
1. First-Deer Tag Application:
a. Any person may use a first-deer tag application to apply for any premium deer hunt tag (X zone, additional hunt, or area-specific archery hunt) issued by drawing as specified in subsection 708(a)(2)(A)1.
b. Any person may use a first-deer tag application to apply for an A, B, C, or D zone tag or archery-only tag issued upon request.
c. Any person may use a first-deer tag application to apply for any premium deer hunt tag (X zone, additional hunt, or area-specific archery hunt) remaining on the first business day after July 1. Applications must be submitted to the department's License and Revenue Branch in Sacramento, unless otherwise specified by the department.
2. Second-Deer Tag Application:
a. Any person may use a second-deer tag application to apply for an A or B zone tag or archery-only tag issued upon request.
b. Any person may use a second-deer tag application to apply for any area-specific archery tag remaining on the first business day following July 1. Applications must be submitted to the License and Revenue Branch in Sacramento, unless otherwise specified by the department.
c. Any person may use a second-deer tag application to apply for any C or D zone tag or additional hunt tag, except an additional junior hunt tag, remaining on the first business day following August 1. Applications may be submitted before that date to the License and Revenue Branch in Sacramento.
d. Any person in possession of a valid junior hunting license, who has not used a first-deer tag application to apply for an additional junior hunt, may use a second-deer tag application to apply for an additional junior hunt tag issued by drawing as specified in subsection 708(a)(2)(A)1., and 708(g)(2)(A). A junior hunter may not submit more than one application for additional junior hunts.
e. No person shall submit more than one first-deer tag application and one second-deer tag application to the department during any one license year. Any person in violation of this subsection may be denied deer tags for the current and following license year.
(F) Deer Tag Exchange Fee: The department shall charge a nonrefundable processing fee, as specified in Section 702, for exchanging a deer tag for a different zone or hunt.
(3) Tagging Requirements:
Immediately upon killing a deer, both portions of the deer license tag must be completely filled out and the date of kill permanently marked on the deer license tag. The deer license tag must be attached to the antlers of an antlered deer or to the ear of any other deer and kept attached during the open season and for 15 days thereafter. Except as otherwise provided, possession of any untagged deer shall be a violation (refer to Fish and Game Code, Section 4336).
(4) Tag Validation and Countersigning Requirements, and Transporting for the Purpose of:
Any person legally killing a deer in this state shall have the deer license tag validated and countersigned by a person authorized by the commission as described below in subsection 708(a)(8) before transporting such deer, except for the purpose of taking the deer to the nearest person authorized to countersign the license tag, on the route being followed from the point where the deer was taken (refer to Fish and Game Code, Section 4341).
(5) Deer Head Retention Requirements and Production Upon Demand:
Any person taking any deer in this state shall retain in their possession during the open season thereon and for 15 days thereafter, that portion of the head which in adult males normally bears the antlers, and shall produce the designated portion of the head upon the demand of any officer authorized to enforce the provisions of this regulation (refer to Fish and Game Code, Section 4302).
(6) Deer Tag Reporting Requirements:
Every person to whom a deer tag is issued shall return the completed report card portion to the department within thirty days of taking a deer.
(7) Deer Violations, Tag Forfeiture:
Any person who is convicted of a violation involving deer shall forfeit their current year deer license tags and no new deer license tags may be issued to that person during the then current hunting license year, and that person may not apply for a deer tag for the following license year (refer to Fish and Game Code, Section 4340).
(8) Deer and Elk Tags, Persons Authorized to Validate.
The following persons are authorized to validate or countersign deer and elk tags:
(A) State:
1. Fish and Game Commissioners
2. Employees of the Department of Fish and Game
3. Deputy Foresters
4. Assistant Deputy Foresters
5. Forest Rangers
6. Park Rangers--Grades 1, 2, 3, and 4
7. Supervising Plant Quarantine Inspectors
8. Junior, Intermediate and Senior Plant Quarantine Inspectors
9. Foresters
10. Fire Prevention Officers--Grades 1, 2, 3, and 4
11. Fire Captains
12. Fire Apparatus Engineers
(B) Federal: (FS = U.S. Forest Service, FWS = U.S. Fish & Wildlife Service, BLM = Bureau of Land Management)
1. Range Technicians (BLM)
2. Forest Supervisors (FS)
3. Assistant Forest Supervisors (FS)
4. District Forest Rangers (FS)
5. Foresters (FS, BLM)
6. Range Conservationists (FS, BLM)
7. Forest Engineers (FS, BLM)
8. Forestry Aides (FS)
9. Fire Control Officers or Aides (FS, BLM)
10. Clerks (FS, FWS, BLM) while on duty at their headquarters
11. Game Management Agents (FWS)
12. Wildlife Management Biologists (FS, FWS, BLM)
13. District Managers (BLM)
14. Information Specialists (BLM)
15. Area Managers (BLM)
16. Realty Specialists (BLM)
17. Natural Resource Specialists (BLM)
18. Engineers (BLM)
19. Engineering Technicians (BLM)
20. Recreation Resource Specialists (BLM)
21. Geologists (BLM)
22. Recreation Aides (BLM)
23. All Uniformed Personnel of the National Park Service
24. Commanding officers of any United States military installation or their designated personnel for deer taken on their reservation.
25. Postmasters
26. Post Office Station or Branch Manager for deer brought to their post office.
(C) Miscellaneous:
1. County firemen at and above the class of foreman for deer brought into their station.
2. Judges or Justices of all state and United States courts.
3. Notaries Public
4. Peace Officers
5. Nonsalaried police officers or deputy sheriffs while on scheduled duty in a city or county of appointment for deer brought to a police station or sheriff's office
6. Officers authorized to administer oaths
7. Owners, corporate officers, managers or operators of lockers or cold storage plants for deer brought to their place of business.
(D) No person may validate or countersign their own tag.
(b) Distribution of Bighorn Sheep License Tags:
(1) Fund-raising Nelson bighorn ram license tags: Fund-raising license tags for the taking of mature Nelson bighorn rams shall be sold for the purpose of raising funds to manage bighorn sheep. The department may designate a nonprofit organization to sell this fund-raising tag. Any resident or nonresident is eligible to buy the tag. The purchaser of a fund-raising license tag shall complete a required hunter orientation program conducted by the department and meet the hunter education requirements for a hunting license. The fund-raising license tags are defined as follows:
(A) Open-zone fund-raising license tags: These fund-raising license tags are valid in any of the areas described in subsection 362(a).
(2) General Nelson bighorn ram license tags: The application form, as specified in Section 702, may be made available to the public at designated license agents and department offices. Applicants must be California residents or nonresidents, at least 16 years of age on or before July 1 of the license year for which they are applying, possessing a California hunting license valid during the bighorn ram season for which they are applying, and must not have been previously issued a bighorn license tag in California. Two-day nonresident hunting licenses shall not be used to apply for Nelson bighorn sheep tags. Applicants must apply for only one designated zone. No person shall submit more than one application. Applicants shall submit the application with a nonrefundable processing fee, as specified in Section 702, to the department at the address specified on the application. Applications must be received before 5:00 p.m. on the first business day after June 1. Incomplete, late and ineligible applications and applications submitted without the appropriate processing fee will not be included in the drawing. Successful applicants and a list of alternates for each zone shall be determined by drawing within 10 business days following the application deadline date. If the drawing is delayed due to circumstances beyond the department's control, the department shall conduct the drawing at the earliest date possible. No more than one nonresident shall be selected to receive a general license tag. Unsuccessful applicants will not be notified. Successful applicants will be mailed notification as soon as practical. Upon receipt of the notification, the applicant shall submit the appropriate tag fee, as specified in Section 702, to the Department of Fish and Game, License and Revenue Branch, 3211 S Street, Sacramento, CA 95816. The tag fee shall be received by the department by 5:00 p.m. on the Monday following the second Saturday in July. Should the quota for each zone remain unfilled after that date, the alternate lists shall be used. Successful applicants shall be issued tags only after successfully completing the required hunter orientation program conducted by the department.
(3) Tagholder Responsibilities:
(A) Only persons possessing valid Nelson bighorn sheep license tags are entitled to hunt bighorn sheep. Tags shall not be transferable and are valid only in the zone or zones specified.
(B) Individuals awarded a fund-raising license tag and all successful applicants for general license tags shall attend and successfully complete a mandatory hunter orientation program. Licensed guides employed by successful applicants and the fund-raising license tag buyer shall accompany their clients to this orientation program.
(C) All successful bighorn sheep tagholders shall have their tags validated. All tags must be returned to the department within 10 days after the close of the season, even though the tagholder may not have killed a Nelson bighorn ram.
(D) Tags must be completed and attached to the carcass of a bighorn ram immediately after the animal is killed. All successful bighorn sheep tagholders shall have their tags validated.
(E) All tagholders will be notified by mail as to whether they will be required to report to the department before hunting and upon completion of hunting. The notification shall contain procedures for reporting, including appropriate methods of contacting the department.
(F) The tagholder shall surrender his tag to an employee of the department for any or all of the following reasons:
1. Any act on the part of the tagholder which violates any of the provisions of the Fish and Game Code, or any regulations of the commission.
2. Any act on the part of the tagholder which endangers the person or property of others. The decision of the department in such respects shall be final and binding upon the tagholder.
(c) Distribution of Pronghorn Antelope License Tags:
(1) The pronghorn antelope license tags shall be issued by drawing, as described in subsection 708(g)(5)(A) and (B). Application forms, as specified in Section 702, may be made available to the public at designated license agents and department offices. Each applicant must be a California resident, at least 12 years of age on or before July 1 of the license year for which they are applying, and possess a California hunting license valid during the pronghorn antelope season for which they are applying. Applicants for the junior pronghorn antelope hunts must be California residents possessing a junior hunting license valid during the pronghorn antelope season for which they are applying. Two-day nonresident hunting licenses shall not be used to apply for pronghorn antelope tags. No person shall submit more than one application for a pronghorn antelope license tag. No more than two persons shall apply together as a party. To be considered as a party, both persons must apply on the same application for the same tag choice. Incomplete, late and ineligible applications and applications submitted without the appropriate processing fee will not be included in the drawing.
(2) Applicants shall submit the application with a nonrefundable processing fee, as specified in Section 702, to the department at the address specified on the application. Applications must be received before 5:00 p.m. on the first business day after June 1. Successful applicants and a list of alternates for each hunt shall be determined by drawing within 10 business days following the application deadline date. If the drawing is delayed due to circumstances beyond the department's control, the department shall conduct the drawing at the earliest date possible. Except as provided in subsection 708(g)(5)(A)5., party applications drawn for the last tag available for a hunt will be split and the party leader (first person listed) as indicated on the application form shall be awarded the pronghorn antelope license tag. The party member shall become the first alternate for that hunt. Unsuccessful applicants will not be notified. Successful applicants will be mailed notification as soon as practical. Upon receipt of the notification the applicant shall submit the appropriate tag fee, as specified in Section 702, to the department's License and Revenue Branch, 3211 S Street, Sacramento, CA 95816. The tag fee shall be received by the department by 5:00 p.m. on the Monday following the second Saturday in July. Should the quota for each zone remain unfilled after that date, the alternate list shall be used. In the event only one pronghorn antelope license tag is available to an alternate, party applications will be split and the alternate tag shall be awarded to the party leader as indicated on the application form. Undistributed tags will be issued after the drawing. Any tags unclaimed by successful applicants after that date shall be awarded to alternates for that zone, on an individual basis, in the order drawn. Any remaining tags may be issued to alternates for other zones.
(3) Fund-raising License Tags: Fund-raising license tags for the taking of buck pronghorn antelope shall be offered for sale to raise funds for the management of pronghorn antelope. Any resident or nonresident is eligible to buy one of the fund-raising license tags. The sale price of a fund-raising license tag includes the fee for processing and issuing a hunting license. The purchaser shall be issued the fund-raising license tag only after meeting the hunter education requirements for a hunting license.
(4) Tagholder Responsibilities: (continued)