Loading (50 kb)...'

(continued)
(A) Only persons possessing valid pronghorn antelope license tags are entitled to hunt pronghorn antelope during these hunts. Tags shall not be transferable and are valid only in the area, season, and period specified on the tag.
(B) All tagholders must return the report card portion of their license tag to the department within one week after the close of the pronghorn antelope season, even though the tagholder may not have killed a pronghorn antelope.
(C) The holder of a pronghorn antelope license tag, immediately after killing a pronghorn antelope, shall fill out both parts of the tag and mark permanently the date of kill. The tag portion shall be immediately attached to a horn of buck pronghorn antelope or to an ear of doe pronghorn antelope and kept attached for 15 days after the close of the open season.
(D) The tagholder shall surrender his license tag to an employee of the department for any of the following reasons:
1. Any act on the part of the tagholder which violates any of the provisions of the Fish and Game Code, or any regulations of this commission.
2. Any act on the part of the tagholder which endangers the person or property of others. The decision of the department in such respects shall be final and binding upon the tagholder.
(d) Distribution of Elk License Tags:
(1) Three fund-raising license tags for the taking of elk bulls shall be offered for sale to raise funds for the management of elk. The department may designate a nonprofit organization or organizations to sell the fund-raising tags. Any resident or nonresident is eligible to buy one of the license tags. The purchase of fund-raising tags shall complete required hunter orientation programs conducted by the department and meet the hunter safety requirements for a hunting license.
(2) Application forms for elk tags, as specified in Section 702, may be made available to the public at designated license agents and department offices. Each applicant must be a California resident at least 12 years of age on or before July 1 of the license year for which they are applying, and possess a California hunting license valid during the elk season for which they are applying. Two-day nonresident hunting licenses shall not be used to apply for elk tags. No person shall submit more than one application for an elk license tag. No more than two persons shall apply together as a party. To be considered as a party, both persons must apply on the same application for the same tag choice. Incomplete, late and ineligible applications and applications submitted without the appropriate processing fee will not be included in the drawing.
(3) The elk hunting license tags shall be issued by drawing, as described in subsection 708(g)(4)(A) and (B). Applicants shall submit the application with a nonrefundable processing fee, as specified in Section 702, to the department at the address specified on the application. Applications must be received before 5:00 p.m. on the first business day after June 1. Except as provided in subsection 708(g)(4)(A)5., party applications drawn for the last tag available for a hunt will be split and the party leader (first person listed) as indicated on the application form shall be awarded the elk tag. The party member shall become the first alternate for that hunt. Successful applicants and a list of alternates for each hunt will be determined by drawing within 10 business days following the application deadline date. If the drawing is delayed due to circumstances beyond the department's control, the department shall conduct the drawing at the earliest date possible. Unsuccessful applicants will not be notified. Successful applicants and alternates will be mailed notification as soon as practical. Upon receipt of the notification, the applicant shall submit the tag fee, as specified in Section 702, to the department's License and Revenue Branch, 3211 S Street, Sacramento, CA 95816. The tag fee shall be received by the department by 5:00 p.m. on the Monday following the second Saturday in July. Any tags unclaimed by successful applicants after that date shall be awarded to alternates for that hunt, on an individual basis, in the order drawn. Any remaining tags may be issued to alternates for other zones.
(4) Tagholder Responsibilities:
(A) All tagholders must return their license tags to the department within one week after the close of the elk season, even though the tagholder may not have killed an elk.
(B) License tags must be attached to the antler of an antlered elk, or to the ear of antlerless elk immediately after killing.
(C) Persons authorized to validate or countersign elk tags are listed in Section 708(a)(8). Elk tags must be countersigned before transporting such elk, except for the purpose of taking it to the nearest person authorized to countersign the license tag on the route being followed from the point where the elk is taken.
(D) Only persons possessing valid elk license tags are entitled to take elk. Tags are not transferable and are valid only for the area and period specified.
(E) The tagholder shall surrender his tag to an employee of the department for any or all of the following reasons:
1. Any act on the part of the tagholder which violates any of the provisions of the Fish and Game Code, or any regulations of the commission made pursuant thereto.
2. Any act on the part of the tagholder which endangers the person or property of others. The decision of the department shall be final.
(F) Elk may be taken on Santa Rosa Island pursuant to a permit issued by the department. For methods of take, see sections 353 and 354.
(e) Bear License Tags.
(1) Application for Bear License Tags:
(A) With the exception of permits and tags issued pursuant to section 4181 of the Fish and Game Code, all bear license tag applications shall be submitted on forms provided by the department.
(B) The department shall require that the specified fee provided for in section 4751 of the Fish and Game Code for such bear license tags be paid as a prerequisite to obtaining a bear license tag application.
(C) The department shall charge a nonrefundable processing fee, as specified in Section 702, for each bear tag application.
(D) Only one bear license tag application may be submitted to the department during any one license year. Any person who submits more than one bear license tag application may be denied bear license tags for the current license year.
(2) Distribution of bear tags: Applications for bear tags, as specified in Section 702, may be available to the public at designated license agents and department offices. Tags will be issued at designated department offices.
(3) Use of Guides: Any holder of a bear license tag who utilizes the services of a guide or guides shall verify that the guide is in possession of a valid guide's license and shall place the guide's license number on the bear license tag in the space provided.
(4) Use of Dogs: Any holder of a bear license tag who utilizes dogs to take bear shall so indicate on his bear license tag in the space provided.
(5) Validation of Bear Tags: Only department employees may validate bear tags (This provision supersedes section 4755 of the Fish and Game Code). Bear tags must be countersigned before transporting such bear except for the purpose of taking it to the nearest person authorized to countersign the license tag, on the route being followed from the point where the bear is taken.
(6) Return of Bear License Tags:
(A) Every person who takes a bear shall immediately return the report card portion of the bear license tag, after having the tag countersigned as required in (e) above. The tag may be presented to a department office/officer or returned through the United States Mail.
(B) Every person who is unsuccessful in taking bear shall return the report card portion of the bear license tags by February 1 of the current license year. The tag may be presented to a department office/officer or returned through the United States Mail.
(f) Application For and Use of Wild Pig License Tags:
(1) Any person, 12 years of age or older, who possesses a valid hunting license may procure wild pig license tags as specified in Section 4654 of the Fish and Game Code.
(2) Resident and nonresident wild pig license tags will be sold individually.
(3) Wild pig license tags are valid only during that portion of the current hunting license year in which wild pigs may be legally harvested as provided in subsection 368(a).
(4) Any person hunting wild pigs shall carry a wild pig license tag while hunting wild pigs, and upon the killing of any wild pig shall immediately fill out both parts of the tag, clearly mark the date of the kill and attach the tag to the carcass of the wild pig. The report card portion shall be immediately returned to the department.
(g) Big Game Drawing System
(1) General Conditions
(A) Except as otherwise provided, the department shall award license tags for premium deer (X zones, additional hunts, and Area-specific archery hunts), bighorn sheep, elk and pronghorn antelope hunts, as described in sections 360(b) and (c), 361, 362, 364 and 363, using a Modified-Preference Point drawing system.
(B) Except as otherwise provided, the Modified-Preference Point drawing system shall award proportions of hunt tag quotas, as specified for each species, using the following drawing methods:
1. Preference Point Drawings. Tags are awarded based on the following order of priority: an applicant's hunt choice (first choice only for deer), accumulated point totals by species (highest to lowest), and computer-generated random number (lowest to highest).
2. Draw-By-Choice Drawings. Tags are awarded according to an applicant's hunt choice and computer-generated random number (lowest to highest), without consideration of accumulated points.
(C) Except as otherwise provided, applicants unsuccessful in receiving a tag for premium deer (based on first choice selection), bighorn sheep, elk or pronghorn antelope hunts shall earn one (1) preference point for use in future Big Game Drawings.
(D) To earn and accumulate a point for any species, a person must comply with all application requirements for that species as specified in subsections 708(a), (b), (c) and (d), including the following conditions:
1. Applicants must be at least 12 years of age on or before July 1 of the license year for which they are applying (16 years of age for bighorn sheep applications).
2. Applicants must possess a California hunting license valid for the hunting season requested (applicants for junior deer hunts must possess a junior hunting license). Applicants must provide evidence of such license at the time of application.
3. Applicants for elk and pronghorn antelope hunts must be California residents.
4. Applications for bighorn sheep, pronghorn antelope and elk hunts must include the appropriate nonrefundable processing fees.
5. Applications must be received by the department's License and Revenue Branch by 5:00 p.m. on the first business day after June 1.
6. Except for junior deer hunt applicants, applicants shall not submit more than one drawing application for each species during the same license year.
(E) No applicant shall earn more than one (1) preference point per species, per drawing, for use in future drawings. Preference points are accumulated by species and shall not be transferred to another species or another person. Preference points are not zone or hunt specific.
(F) Except as otherwise provided, successful applicants receiving tags for their first choice premium deer, bighorn sheep, elk or pronghorn antelope hunts shall lose all preference points for that species.
(G) For party applications, the department shall use the average preference point value of all party members (total preference points for the party divided by number of party members) as the basis for consideration in the drawing for that species. Point averages shall not be rounded.
(H) Except as otherwise provided, persons who do not wish to apply for an antelope, elk, bighorn sheep or premium deer tags may earn one (1) preference point for any or all of these species, by submitting the appropriate application(s), as specified in subsections 708 (a), (b), (c) and (d), and writing the point code number for that species, as defined by the department, in the hunt choice box (first choice only for deer). Persons applying for a preference point in this manner shall be subject to the same application requirements as regular drawing applicants as specified in subsection 708(g)(1)(D).
(I) The department shall maintain records of preference points earned by individual applicants based on the hunter identification number provided on each application (driver's license number, Department of Motor Vehicles identification number, or hunter identification number assigned by the department). Applicants shall notify the department's License and Revenue Branch, at 3211 S Street, Sacramento, CA 95816, in writing, of any changes or corrections regarding name, mailing address, date of birth or hunter identification number.
(J) Persons not applying for premium deer, bighorn sheep, elk, or pronghorn antelope hunts through the department's Big Game Drawings for five (5) consecutive years shall have their preference points for that species reduced to zero (0). For the purposes of this subsection, persons whose applications are disqualified from drawing shall be considered the same as persons not applying. Applying for preference points as described in (H) above, will keep an applicant's file active.
(2) Premium Deer Hunts
(A) Except for junior deer hunt applicants, as specified in subsection 708(a)(2)(E), persons must use a first-deer tag application to apply for premium deer hunts through the department's Big Game Drawing.
(B) License tags for premium deer hunts (except junior deer hunts) shall be awarded based on the following:
1. Ninety percent (90%) of the individual zone or hunt tag quota shall be awarded using a Preference Point drawing. Tag quota splits resulting in decimal fractions of a tag shall be rounded to the next higher whole number.
2. Ten percent (10%) of the individual zone or hunt tag quota shall be awarded using a Draw-By-Choice drawing. Tag quota splits resulting in decimal fractions of a tag shall be rounded to the next lower whole number.
3. For zones or hunts with quotas less than ten (10) tags, one (1) tag shall be awarded using a Draw-By-Choice drawing. Remaining tags shall be awarded using a Preference Point drawing.
4. Tags awarded to applicants for second or third choice zones or hunts shall be through a Draw-By-Choice drawing and shall not result in loss of accumulated points.
(C) License tags for junior deer hunts (J Hunts) as described in subsection 360(c) shall be awarded based on the following:
1. Fifty percent (50%) of the hunt tag quota shall be awarded through a Preference Point drawing. Tag quota splits resulting in decimal fractions of a tag shall be rounded to the next higher whole number.
2. Fifty percent (50%) of the hunt tag quota shall be awarded through a Draw-By-Choice drawing. Tag quota splits resulting in decimal fractions of a tag shall be rounded to the next lower whole number.
(D) A junior hunter applying for premium deer hunts (X zones, Area-specific archery hunts, and additional hunts) on a first-deer tag application and a second-deer tag application shall:
1. Receive a point only if he/she is unsuccessful in the big game drawing with his/her first choice on both applications.
2. Lose all preference points for deer if he/she receives his/her first choice on either application.
(3) Bighorn Sheep Hunts
(A) Successful bighorn sheep tag applicants shall be determined as follows, based on tag quotas for each hunt.
1. For quotas of one, the tag shall be awarded using a Draw-By-Choice drawing.
2. For quotas of two, one tag shall be awarded using a Preference Point drawing, and one tag shall be awarded using a Draw-By-Choice drawing.
3. For quotas of three, two tags shall be awarded using a Preference Point Drawing, and one tag shall be awarded using a Draw-By-Choice drawing.
4. For quotas of four or more, seventy-five percent (75%) of the quota shall be awarded using a Preference Point drawing. Any resulting fractional tag shall be rounded to the next higher whole number. The remaining portion of the quota shall be awarded using a Draw-By-Choice drawing.
(B) Alternates shall be selected for each hunt using a Preference Point Drawing.
(4) Elk Hunts
(A) Successful elk tag applicants shall be determined as follows, based on tag quotas for each hunt or hunt period.
1. For quotas of one, the tag shall be awarded using a Draw-By-Choice drawing.
2. For quotas of two, one tag shall be awarded using a Preference Point drawing, and one tag shall be awarded using a Draw-By-Choice drawing.
3. For quotas of three, two tags shall be awarded using a Preference Point drawing, and one tag shall be awarded using a Draw-By-Choice drawing.
4. For quotas of four or more, seventy-five percent (75%) of the quota shall be awarded using a Preference Point drawing. Any resulting fractional tag shall be rounded to the next higher whole number. The remaining portion of the quota shall be awarded using a Draw-By-Choice drawing.
5. Party applications shall be split as described in Section 708(d)(3) to fill the last tag available through the Preference Point drawing. Party applications shall not be split to fill the last tag available through the Draw-By-Choice drawing.
(B) Alternates shall be selected for each hunt or hunt period using a Preference Point drawing.
(5) Pronghorn Antelope Hunts
(A) Successful pronghorn antelope tag applicants shall be determined as follows, based on tag quotas for each hunt or hunt period.
1. For quotas of one, the tag shall be awarded using a Draw-By-Choice drawing.
2. For quotas of two, one tag shall be awarded using a Preference Point drawing, and one tag shall be awarded using a Draw-By-Choice drawing.
3. For quotas of three, two tags shall be awarded using a Preference Point drawing, and one tag shall be awarded using a Draw-By-Choice drawing.
4. For quotas of four or more, seventy-five percent (75%) of the quota shall be awarded using a Preference Point drawing. Any resulting fractional tag shall be rounded to the next higher whole number. The remaining portion of the quota shall be awarded using a Draw-By-Choice drawing.
5. Party applications shall be split as described in Section 708(c)(2) to fill the last tag available through the Preference Point drawing. Party applications shall not be split to fill the last tag available through the Draw-By-Choice drawing.
(B) Alternates shall be selected for each hunt or hunt period using a Preference Point drawing.


Note: Authority cited: Sections 200, 202, 203, 215, 219, 220, 331, 332, 1050, 1572, 4302, 4331, 4336, 4340, 4341 and 10502, Fish and Game Code. Reference: Sections 200-203.1, 207, 210, 215, 219, 220, 331, 332, 713, 1050, 1570-1572, 3950, 3951, 4302, 4330-4333, 4336, 4340, 4341, 4652-4655, 4657, 4750-4756, 4902, 10500 and 10502, Fish and Game Code.

s 710. Hunter Education Training Equivalency.
(a) The department may evaluate the quality and coverage of hunter education courses offered by other countries, their political subdivision, or by the Armed Forces of the United States. Upon satisfactory evidence that a course fully meets or exceeds the requirements of the California hunter education course, the department may issue to graduates of such courses a California Certificate of Equivalency. (NOTE: See section 3050 (a)(3) of the Fish and Game Code regarding hunter safety certificates from other states.)
(b) The department shall prepare a comprehensive hunter education equivalency examination, to be administered to qualified applicants. Pass/fail criteria will be established by the department. Qualification to take the equivalency examination must include affirmation that the applicant has not previously taken and failed the examination.
Applicants who successfully pass the equivalency examination will be issued a hunter education certificate of equivalency.


Note: Authority cited: Sections 1050, and 3050, Fish and Game Code. Reference: Sections 711, 1050, and 3049-3055, Fish and Game Code.

s 711. Cold Storage/Frozen Food Locker Plant Records.
(a) Any person operating a cold storage plant or frozen food locker plant where game birds or game mammals, or parts thereof, taken pursuant to a hunting license are processed, preserved or stored, shall prepare and maintain the following records:
(1) name and address of residency of the individual who delivers the game bird or game mammal to the facility;
(2) name, address of residency and hunting license number, and tag number if applicable, of the individual who took the game bird or game mammal;
(3) location of kill -State__________ County__________ Deer Zone or Special Hunt Number__________;
(4) species; and
(5) date received.
(b) The records required by this section shall be maintained at the facility for a period of one year for each game bird or game mammal retained, and shall be open for inspection by wardens of the Department.


Note: Authority cited: Section 200, Fish and Game Code. Reference: Sections 200 and 3086, Fish and Game Code.

s 712. Restriction of Importation of Hunter-Harvested Deer and Elk Carcasses.
No hunter harvested deer or elk (cervid) carcass or parts of cervid carcass shall be imported into the State, except for the following body parts:
(a) boned-out meat and commercially processed cuts of meat.
(b) portions of meat with no part of the spinal column or head attached.
(c) hides with no heads attached.
(d) clean skull plates (no meat or tissue attached) with antlers attached.
(e) antlers with no meat or tissue attached.
(f) finished taxidermy heads.
(g) upper canine teeth (buglers, whistlers, ivories).


Note: Authority cited: Sections 200, 203, 240 and 2355, Fish and Game Code. Reference: Sections 200, 203 and 2355, Fish and Game Code.

s 720. Designation of Waters of Department Interest.
For the purpose of implementing Sections 1601 and 1603 of the Fish and Game Code which requires submission to the department of general plans sufficient to indicate the nature of a project for construction by or on behalf of any person, governmental agency, state or local, and any public utility, of any project which will divert, obstruct or change the natural flow or bed of any river, stream or lake designated by the department, or will use material from the streambeds designated by the department, all rivers, streams, lakes, and streambeds in the State of California, including all rivers, streams and streambeds which may have intermittent flows of water, are hereby designated for such purpose.


Note: Authority cited: Sections 1601 and 1603, Fish and Game Code. Reference: Sections 1601 and 1603, Fish and Game Code.

s 730. Camping Near or Occupying Wildlife Watering Places.
(a) Camping/Occupying Defined. For purposes of this Section, camping/occupying is defined as establishing or inhabiting a camp; resting; picnicking; sleeping; parking or inhabiting any motor vehicle or trailer; hunting; or engaging in any other recreational activity for a period of more than thirty (30) minutes at a given location.
(b) Wildlife Watering Places Defined. For purposes of this Section, wildlife watering places are defined as waterholes, springs, seeps and man-made watering devices for wildlife such as guzzlers (self-filling, in-the-ground water storage tanks), horizontal wells and small impoundments of less than one surface acre in size.
(c) Prohibitions.
(1) Camping/Occupying is prohibited within 200 yards of the following:
(A) Any guzzler or horizontal well for wildlife on public land within the State of California.
(B) Any of the wildlife watering places on public land within the boundary of the California Desert Conservation Area as depicted on the Bureau of Land Management maps of "Calif. Federal Public Lands Responsibility," "Calif. Desert Conservation Area" and the new "Desert District, B.L.M."
(2) Camping/Occupying is prohibited within one-quarter mile of the following wildlife watering places:
(A) Butte Well -T31N, R14E, Section 28, NE1/4, M.D.B.M., Lassen County.
(B) Schaffer Well -T31N R14E, Section 25, Center, M.D.B.M., Lassen County.
(C) Tableland Well -T31N, R14E, Section 17, SE1/4, M.D.B.M., Lassen County.
(D) Table Mountain Well -T31N, R14E, Section 32, SE1/4, M.D.B.M., Lassen County.
(E) Timber Mountain Well -T44N, R6E, Section 33, M.D.B.M., Modoc National Forest, Modoc County.
(F) Belfast Well -T31N, R14E, Section 31, NE1/4, M.D.B.M., Lassen County.


Note: Authority cited: Section 308.5, Fish and Game Code. Reference: Section 308.5, Fish and Game Code.

s 740. Oil Sumps Hazardous to Wildlife.
(a) Definitions:
(1) (Reserved)
(2) "Oil sump" means any open depression or basin in the ground, whether manmade or natural, which contains oil or a combination of oil and water.
(3) "Hazardous" means a condition within an oil sump where over ten percent of the surface area, or over 100 square feet is covered with a coating of oil.
(b) Notification to State Oil and Gas Supervisor: Within five (5) days after finding an oil sump hazardous or of immediate and grave danger to wildlife, the department shall notify the State Oil and Gas Supervisor. The notification shall clearly specify one of the following:
(1) The oil sump is hazardous to wildlife but does not constitute an immediate or grave danger to wildlife.
(2) The oil sump constitutes an immediate and grave danger to wildlife.
(c) Exceptions:
(1) Oil sumps which are adequately screened or eliminated pursuant to Section 1016 of the Fish and Game Code and Sections 3780-3784 of the Public Resources Code are excepted from the provisions of this section.
(2) Oil sumps that are an integral part of refinery operations shall be excepted from subsection (a)(2) above.


Note: Authority cited: Section 1016, Fish and Game Code. Reference: Section 1016, Fish and Game Code.

s 744. Limitations on Public Benefits for Aliens.


Note: Authority cited: Section 702, Fish and Game Code. Reference: Sections 2536, 3200, 3201, 3240.5, 3300, 3401, 3406, 4030, 4032, 6650, 7850, 7920, 8030 and 8460, Fish and Game Code; and 8 U.S.C. Sections 1621, 1641 and 1642.


s 745. Guide Licenses.
Revocable guide licenses may be issued as follows:
(a) License Application. Applications shall be submitted on forms furnished by the department. Applications shall be accompanied by the required license fee and proof that the applicant possesses a surety bond in the amount of $1,000 to insure faithful performance of the applicant and the applicant's agents or employees in fulfilling their responsibilities to their clients.
(1) In addition to other information requested, applicant shall certify that he has not been convicted of any fish and game violation or forfeited bail in connection with any such violation in the preceding 24 months.
(b) License Year. Guide licenses shall be valid from February 1 through January 31 of the following year. Guide licenses issued after the beginning of the license year shall be valid for the remainder thereof.
(c) License Revocation. Upon the conviction of a licensed guide for violation of any provision of the Fish and Game Code or any regulation adopted pursuant thereto, or upon the violation of any such law or regulation by any client of such guide when the violation has been knowingly permitted by the guide or an employee or assistant of such guide, the department shall inform the commission of such violation. The commission may thereafter revoke the guide license. The licensee shall be notified of the revocation proceedings and shall be provided an opportunity to be heard.
Any person who has had his guide license revoked shall not act as a guide or assist any guide during the period of revocation.
(d) Notice to Clients. Prior to guiding any person to a place where such person intends to take any bird, mammal, fish, amphibian, or reptile, a licensed guide shall furnish a written statement to the person to be guided. Such statement must contain information describing the services which the guide agrees to perform, the cost of those services, and the guide's license number. A copy of such statement shall be available to the department or its representatives upon request.
(e) Records. Each guide, when guiding for big game mammals or fish, shall make a record of each guided trip on forms furnished by the department. The record shall contain the name, address, and license number of each person being guided and the purpose of the trip. The guide record shall be in the field with the guide and client during the trip and shall be shown on demand to any department representative. If big game mammals or fish are taken on the trip, the record shall show the number of animals, species, location taken (section, township, and range), and tag number if a tag is required.
Such records shall be completed immediately upon returning to the vehicle, camp, or headquarters, whichever is closest to the site where the animals were taken. Such records shall be accurate, legible, and complete.
The completed original record of guided hunting or fishing trips during the month shall be received by the department no later than the 10th day of the following month and all records for the preceding month shall be included in one mailing.
The duplicate copy of the record shall be retained by the licensed guide for a period of one year. The records shall be shown on demand to any department representative.
Failure of a guide to comply with subsection (e) shall be sufficient cause for the department to refuse to issue a new license to such guide or to revoke a current license.


Note: Authority cited: Sections 2535-2546, Fish and Game Code . Reference: Sections 2535-2546, Fish and Game Code.

s 745.5. Revocation or Suspension of Hunting or Sport Fishing Privileges.
(a) The commission may suspend or revoke a person's hunting or sport fishing license or permit privileges, provided that:
(1) in a court of law the person is convicted of a violation of any provision of the California Fish and Game Code; any provision of Title 14, California Code of Regulations; or any other provision of law intended to protect fish and wildlife of the State of California; and
(2) the commission complies with the procedures set forth in section 746, Title 14, California Code of Regulations.
(3) the hearing officer determines the person committed the offense intentionally, knowingly, or recklessly.
(b) A person whose license or permit privileges have been suspended or revoked pursuant to Fish and Game Code Section 12154, 12155, or 12156 may appeal the revocation to the commission, and the commission shall comply with the procedures set forth in subdivision (a) of section 746, Title 14, California Code of Regulations.
(c) The procedures set forth in section 746, Title 14, California Code of Regulations shall not apply to a person described in subdivision (a) of Fish and Game Code Section 4340 and 4754.
(d) As used in this section, "license or permit privileges" means the privilege of applying for, purchasing, and exercising the benefits conferred by a license or permit issued by the Department of Fish and Game.
(e) Any person whose license or permit privileges have been suspended or revoked shall be subject to the terms of the Wildlife Violator Compact as set forth in Fish and Game Code Section 716.


Note: Authority cited: Section 12155.5, Fish and Game Code. Reference: Sections 4340, 4754, 12154, 12155, 12155.5 and 12156, Fish and Game Code.

s 746. Procedures for License or Permit Revocations, Suspensions, Reinstatements, Transfers or Waivers of Renewal Requirements Including Hunting and Sport Fishing License or Permit Privileges.
Except where revocation, suspension, transfer, reinstatement or waiver of renewal requirement procedures are specifically provided for by the Fish and Game Code or regulations made pursuant thereto, the commission, pursuant to the provisions of Section 309 of the Fish and Game Code, shall comply with the following minimum safeguards to afford each applicant, licensee or permittee procedural and substantive due process when the commission considers revocation, suspension, transfer, reinstatement or waiver of renewal requirements for a license or permit including hunting and sport fishing license or permit privileges.
(a) In the case where the applicant, licensee or permittee has already been convicted of a violation of the Fish and Game Code or any regulation pertaining to the activity licensed or permitted by said code, the commission shall comply with the following:
(1) The commission's president may appoint a commissioner, the commission's legal counsel, a former Executive Director of the commission, or a member of the State Bar of California with at least ten years' experience in the active practice of law and determined qualified by the president, to serve as a hearing officer.
(2) The hearing shall be held at such time and location determined by the hearing officer with due consideration for the convenience of the parties and the ends of justice. The hearing officer may engage in exparte communications with the parties for the purpose of setting a time and place of hearing.
(3) The commission shall notify the applicant, licensee or permittee, by certified letter, of the commission's intent to consider the revocation or suspension of his or her license or permit privileges. The certified letter shall include the following information:
(A) Name of applicant, licensee or permittee and last known address the Department of Fish and Game has on file.
(B) Date, time and place of scheduled hearing.
(C) Reason for potential commission action, including a statement as to the date and fact of conviction.
(D) A copy of Section 746, Title 14, California Code of Regulations.
(E) A statement that the applicant, licensee or permittee has the right to appear and to be represented by counsel.
(F) A statement that any continuance of the scheduled hearing date may be obtained only through compliance with subsection (d) of Section 746, Title 14, California Code of Regulations.
(4) The proceedings of the hearing shall be recorded by a court reporter or an electronic tape recording system.
(5) The hearing shall be conducted by the hearing officer who shall control the nature and order of the proceedings.
(6) At the hearing, the hearing officer shall read the conviction documents. The department shall provide the hearing officer with the background information regarding the violation and conviction and shall submit into the record a copy of a document which includes the facts of the conviction of a violation of regulation or statute.
(7) The applicant, licensee or permittee shall make his or her statement regarding the violation and conviction, and may argue that extenuating circumstances were such as to not warrant the loss of his or her license or permit privileges.
(8) The hearing officer may examine any party or witness.
(9) Within 30 days of the conclusion of the hearing, the hearing officer shall prepare and submit to the executive director a proposed decision which shall include proposed findings or reasons for the commission's action.
(10) Upon receipt of the proposed decision, the commission shall provide counsel or, if appearing pro se, the applicant, licensee or permittee, by certified mail, a copy of the hearing officer's proposed decision.
(11) At a meeting of the commission, no later than 60 days following receipt of the hearing officer's proposed decision, the commission shall consider adoption of the proposed decision. The commission may by order adopt, revise or reject the proposed decision. The commission shall serve counsel or, if appearing pro se, the applicant, licensee or permittee, by certified mail, a copy of the commission's order and decision. The order is final.
(12) The applicant, licensee or permittee may request judicial review by filing a petition for writ of mandate in accordance with provisions of the Code of Civil Procedure within 30 days from the date of service (postmark) of the order. The record of the proceedings as designated by the petitioner shall be prepared by the commission and delivered to petitioner's counsel or, if appearing pro se, the petitioner within 30 days after petitioner's request and upon payment of the fee specified in Section 69950 of the Government Code.
(b) In the case where the applicant, licensee or permittee has not been convicted of a violation of the Fish and Game Code or any regulation pertaining to the activity licensed or permitted by said code, but has been cited by the department, the commission shall comply with the following:
(1) The commission's president may appoint a commissioner, the commission's legal counsel, a former Executive Director of the commission, or a member of the State Bar of California with at least ten years experience in the active practice of law and determined qualified by the president, to serve as a hearing officer.
(2) The hearing shall be held at such time and location determined by the hearing officer with due consideration for the convenience of the parties and the ends of justice except that any hearing requested by the holder of a commercial lobster permit, pursuant to Section 8254.7 of the Fish and Game Code, shall be held within the time specified therein. The hearing officer may engage in exparte communications with the parties for the purpose of setting a time and place of hearing.
(3) The commission shall notify the applicant, licensee or permittee, by certified letter, of the commission's intent to consider the revocation or suspension of his or her license or permit privileges. The certified letter shall include the following information:
(A) Name of applicant, licensee or permittee and last known address the Department of Fish and Game has on file.
(B) Date, time and place of scheduled hearing.
(C) Reason for potential commission action, including a concise statement of the alleged acts or omissions of the applicant, licensee or permittee which constitute a violation of the Fish and Game Code and regulations made pursuant thereto with specific citations of the code sections alleged to have been violated.
(D) A copy of Section 746, Title 14, California Code of Regulations.
(E) A statement that the applicant, licensee or permittee has the right to appear and to be represented by legal counsel.
(F) A statement that any continuance of the scheduled hearing date may be obtained only through compliance with subsection (d) of Section 746, Title 14, California Code of Regulations.
(4) The proceedings of the hearing shall be recorded by a court reporter or an electronic tape recording system.
(5) The hearing shall be conducted by the hearing officer who shall control the nature and order of the proceedings.
(6) The applicant, licensee, permittee and the department have the right to present evidence at the scheduled hearing as follows:
(A) Oral evidence shall be taken on oath or affirmation.
(B) The parties may submit affidavits by adhering to the procedure set out for the submission of affidavits in lieu of testimony in judicial arbitration proceedings, California Rules of Court, Rule 1613, subdivision (b)(2), and may submit transcripts of depositions by adhering to the procedure set out for the submission of depositions in judicial arbitration proceedings, California Rules of Court, Rule 1613, subdivision (b)(3).
(C) Each party may call and examine witnesses, cross-examine opposing witnesses on any relevant matter, may rebut evidence against him or her, and may orally argue the matter.
(D) The hearing need not be conducted according to the technical rules relating to evidence and witnesses. Any relevant evidence shall be admitted if it is the sort of evidence on which responsible persons would rely in the conduct of serious affairs.
(7) The hearing officer may examine any party or witness.
(8) Within 30 days of the conclusion of the hearing, the hearing officer shall prepare and submit to the executive director a proposed decision based on the evidence presented at the hearing. The decision shall contain proposed findings and reasons for the commission's action.
(9) Upon receipt of the proposed decision, the commission shall provide counsel or, if appearing pro se, the applicant, licensee or permittee, by certified mail, a copy of the hearing officer's proposed decision.
(10) At a meeting of the commission, no later than 60 days following the receipt of the hearing officer's proposed decision, the commission shall consider adoption of the proposed decision. The commission may by order adopt, revise or reject the proposed decision. The commission shall serve counsel or, if appearing pro se, the applicant, licensee or permittee, by certified mail, a copy of the commission's order and decision. The order is final.
(11) The applicant, licensee or permittee may request judicial review by filing a petition for writ of mandate in accordance with provisions of the Code of Civil Procedure within 30 days from the date of service (postmark) of the order. The record of the proceedings as designated by the petitioner shall be prepared by the commission and delivered to petitioner's counsel or, if appearing pro se, the petitioner within 30 days after petitioner's request and upon payment of the fee specified in Section 69950 of the Government Code.
(c) In the case where the applicant, licensee or permittee has neither been convicted nor cited by the department for a violation of the Fish and Game Code, but is appealing department denial of issuance, transfer, reinstatement or requesting waiver of renewal requirements for any permit or license, including a hunting or sport fishing license or permit, the commission shall comply with the following:
(1) The commission's president may appoint a commissioner, the commission's legal counsel, a former Executive Director of the commission, or a member of the State Bar of California with at least ten years experience in the active practice of law and determined qualified by the president, to serve as a hearing officer.
(2) The hearing shall be held at such time and location determined by the hearing officer with due consideration for the convenience of the parties and the ends of justice. The hearing officer may engage in exparte communications with the parties for the purpose of setting a time and place of hearing.
(3) The commission shall notify the applicant, licensee or permittee, by certified letter, of the commission's intent to consider the request for issuance, reinstatement or waiver of renewal requirements for the license or permit. The certified letter shall include the following information:
(A) Name of applicant, licensee or permittee and last known address the Department of Fish and Game has on file.
(B) Date, time and place of scheduled hearing.
(C) A copy of Section 746, Title 14, California Code of Regulations.
(D) A statement that the applicant, licensee or permittee has the right to appear and to be represented by legal counsel.
(E) A statement that any continuance of the scheduled hearing date may be obtained only through compliance with subsection (d) of Section 746, Title 14, California Code of Regulations.
(4) The proceedings of the hearing shall be recorded by a court reporter or an electronic tape recording system.
(5) The hearing shall be conducted by the hearing officer who shall control the nature and order of the proceedings.
(6) The applicant, licensee or permittee and the department have the right to present evidence at the hearing as follows:
(A) Oral evidence shall be taken on oath or affirmation.
(B) The parties may submit affidavits by adhering to the procedure set out for the submission of affidavits in lieu of testimony in judicial arbitration proceedings, California Rules of Court, Rule 1613, subdivision (b)(2), and may submit transcripts of depositions by adhering to the procedure set out for the submission of depositions in judicial arbitration proceedings, California Rules of Court, Rule 1613, subdivision (b)(3).
(C) Each party may call and examine witnesses, cross-examine opposing witnesses on any relevant matter, may rebut evidence against him or her, and may orally argue the matter.
(D) The hearing need not be conducted according to the technical rules relating to evidence and witnesses. Any relevant evidence shall be admitted if it is the sort of evidence on which responsible persons would rely in the conduct of serious affairs.
(7) The hearing officer may examine any party or witness.
(8) Within 30 days of the conclusion of the hearing, the hearing officer shall prepare and submit to the executive director a proposed decision based on the evidence presented at the hearing. The decision shall contain proposed findings and reasons for the commission's action.
(9) Upon receipt of the proposed decision, the commission shall provide counsel or, if appearing pro se, the applicant, licensee or permittee, by certified mail, a copy of the hearing officer's proposed decision.
(10) At a meeting of the commission, no later than 60 days following the receipt of the hearing officer's proposed decision, the commission shall consider adoption of the proposed decision. The commission may by order adopt, revise or reject the proposed decision. The commission shall serve counsel or, if appearing pro se, the applicant, licensee or permittee, by certified mail, a copy of the commission's order and decision. The order is final.
(11) The applicant, licensee or permittee may request judicial review by filing a petition for writ of mandate in accordance with provisions of the Code of Civil Procedure within 30 days from the date of service (postmark) of the order. The record of the proceedings as designated by the petitioner shall be prepared by the commission and delivered to petitioner's counsel or, if appearing pro se, the petitioner within 30 days after petitioner's request and upon payment of the fee specified in Section 69950 of the Government Code.
(d) Requests or applications to continue a hearing shall be made in writing to the hearing officer or the Executive Director of the commission. The hearing officer or the Executive Director must receive the request no less than two business days prior to the scheduled date of the hearing. A copy of the request shall also be sent to the department. The application shall include the case name and the date, time, and place of the scheduled hearing. The application shall identify any previous requests to continue the matter. The application shall also contain a statement of all facts the applicant contends constitute good cause to continue the matter. The hearing officer or the Executive Director has the discretion to waive the requirement for written application upon a showing of additional good cause. In cases where the licensee or permittee is appealing department denial of issuance, transfer, reinstatement or requesting waiver of renewal requirements for any permit or license pursuant to subsection (c), above, failure to appear as scheduled or to comply with this provision shall be deemed a withdrawal of the appeal.


Note: Authority cited: Sections 309 and 12155.5, Fish and Game Code. Reference: Sections 309, 7852.2, 8254.7, 8280.4, 8422, 8423.5, 8562, 8569, 12154, 12155, 12155.5 and 12156, Fish and Game Code.

s 747. Guidelines for Imposing Civil Penalties.
(a) Purpose and Scope.
The provisions of this section shall be applicable for the purposes of imposing civil liability and civil penalties under Fish and Game Code sections 500 and 2580-2589 for violations described therein.
(b) Definitions.
Definitions in the Fish and Game Code and regulations adopted pursuant thereto shall apply to this section unless otherwise provided herein.
For purposes of this section, the following definitions shall apply:
(1) The term "act done for profit or personal gain" shall mean an act done for the purpose of improving or which results in an improved financial, material, possessory or other position for the person. To establish that an act was done for profit or personal gain. the department need not establish that the value or benefit received from the act exceeded the costs of accomplishing the act.
(2) "Code" is defined as the Fish and Game Code.
(3) "Regulations" are defined as Title 14, Division 1, California Code of Regulations.
(4) "Civil penalty" shall mean both civil liability for prohibited acts as outlined in Section 2582 of the Code and civil penalty for prohibited acts as outlined in Section 2583 of the Code.
(5) "Item" shall mean an animal or its carcass in its entirety, or if the carcass is no longer maintained in its entirety, any part or product thereof.
(c) Imposition of Civil Penalties.
(1) In determining the amount of the civil penalty to be proposed in the complaint pursuant to sections 2582 and 2583 of the Code, and in determining the final civil penalty to be imposed pursuant to sections 2582 and 2583 of the Code, the Director shall consider the same factors, penalties and considerations as set forth for use by the qualified referee or hearing board (see subdivision (B) of section 2584 of the Fish and Game Code).
(2) If a violator has been previously put in jeopardy for the same act or conduct for which an action for a civil penalty is brought, the penalty established by the qualified referee or hearing board shall bear a rational relationship to compensating the State for its loss and will not be based upon the penalty criteria set forth below. In determining the loss to the State, the qualified referee or hearing board shall consider, among other things, investigation and prosecution fees and costs and reasonable liquidated damages, in addition to the impact that the violation had upon the resources. (continued)