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(1) West branch of the lake and adjacent lands upstream from the Highway 70 bridge.
(2) The main body of the lake downstream from Foreman Point and downstream from the Bidwell Bar bridge.
(3) Those areas known as Goat Ranch, Bloomer Primitive, Foreman Creek, Sycamore Creek and Craig Boat-in Campground.
(4) Thermalito Forebay north and south and adjacent state recreation area lands.
(5) Thermalito diversion reservoir and adjacent state recreation area lands.
(6) Hunting will be prohibited within 300 yards of any designated campground, building or dock.
Except during turkey hunting season in the spring, no hunting will be allowed during the period between February 1 through September 14, to accommodate other visitors and ensure their safety. (See Title 14 Cal. Adm. Code Section 502(a)(1).)
A map of the portions of the state recreation area open to hunting shall be available at the state recreation area office for examination.
(f) Hunting. Lake Perris State Recreation Area.
There is opened to hunting annually during the regular seasons established by the State Fish and Game Commission, during the period September 1 through January 31, and with shotguns only, within those portions bounded by the Bernasconi Pass Road and a posted boundary to the lake shore; the lake shoreline northerly to a posted boundary to the Davis Road; the Davis Road easterly to the state recreation area boundary; and the state recreation area boundary southerly and westerly to the point of beginning at the Bernasconi Pass Road.
That portion of the lake area posted with buoys to approximately 1556 contour line from the first ridge and the lake shoreline northerly of the Bernasconi Pass Road, northerly to an outcropping of rocks and posted with buoys on the east shoreline located approximately on a bearing of north 70 degrees east from the top of Alessandro Island.
A map of the portions of the state recreation area open to hunting shall be available at the state recreation area office for examination.
(g) Hunting. Harry A. Merlo State Recreation Area.
There is opened to hunting annually during the regular waterfowl hunting season, as established by the State Fish and Game Commission, all lands in the Harry A. Merlo State Recreation Area at or below the 20 foot elevation contour. Possession of a loaded firearm will be illegal within the unit at all elevations above 20 feet at all times.
A map of the portions of the state recreation area open to hunting shall be available at the state recreation area office for examination.
(h) Hunting. Franks Tract State Recreation Area.
There is opened to waterfowl hunting annually from the opening day of hunting season for ducks and geese, whichever is earlier, to and including the closing day of this season, whichever is later as established by the Fish and Game Commission, in all of Franks Tract State Recreation Area, except the 330 acre island known as Little Franks Tract, which is bounded on the south and west by Piper Slough, on the North by False River, and on the east by the open water portion of Franks Tract State Recreation Area; also excepting that portion of Franks Tract State Recreation Area lying southwest of the following line: beginning at a point on Little Franks Tract, 2,000 feet north of Piper Slough, thence southeast 2,000 feet east of Piper Slough levee to the junction of Holland Island levee.
A map of the portions of Franks Tract State Recreation Area open to hunting shall be available at the Delta District office at Brannan Island State Recreation Area for examination.
Note: Authority cited: Sections 5003 and 5008, Public Resources Code. Reference: Sections 5003.1, 5017, 5019.5 and 5019.56, Public Resources Code.
s 4502. Prohibition of Taking Game Not Regulated or Protected by Statute Where Hunting Is Permitted.
Note: Authority cited: Sections 5003 and 5008, Public Resources Code. Reference: Sections 5001.65, 5003 and 5008, Public Resources Code.
s 4503. Hunting. Auburn State Recreation Area.
Note: Authority cited: Sections 5003 and 5008, Public Resources Code. Reference: Sections 5003, 5003.1, 5008, 5017 and 5019.5, Public Resources Code.
s 4504. Hunting, San Luis Reservoir State Recreation Area.
Note: Authority cited: Section 5003 and 5008, Public Resources Code. Reference: Sections 5003, 5003.1, 5008, 5017 and 5019.5, Public Resources Code.
s 4505. Hunting, Providence Mountains State Recreation Area.
Note: Authority cited: Sections 5003 and 5008, Public Resources Code. Reference: Sections 5003, 5003.1, 5008, 5017 and 5019.5, Public Resources Code.
s 4506. Hunting, Lake Oroville State Recreation Area.
Note: Authority cited: Sections 5003 and 5008, Public Resources Code. Reference: Sections 5003, 5003.1, 5008, 5017 and 5019.5, Public Resources Code.
s 4507. Hunting, Lake Perris State Recreation Area.
Note: Authority cited: Sections 5003 and 5008, Public Resources Code. Reference: Sections 5003, 5003.1, 5008, 5017 and 5019.5, Public Resources Code.
s 4508. Hunting, Harry A. Merlo State Recreation Area.
Note: Authority cited: Sections 5003 and 5008, Public Resources Code. Reference: Sections 5003, 5003.1, 5008, 5017 and 5019.5, Public Resources Code.
s 4509. Hunting, Franks Tract State Recreation Area.
Note: Authority cited: Sections 5003 and 5008, Public Resources Code. Reference: Sections 5003, 5003.1, 5008, 5017 and 5019.5, Public Resources Code.
s 4600. Hearst San Simeon State Historical Monument.
(a) Tours.
All visitors shall remain with the designated guide; and no person shall depart from the route of tour as designated by the guide, or stray without permission of such guide or his/her superiors into areas prohibited to visitors and so marked.
(b) Handling Objects.
No person other than officers or employees of the Department in the course of duty shall touch, handle, or move any object or exhibit.
(c) Food and Beverages.
No person shall possess, carry, or consume food or beverages on the route of tour or in any vehicle on such route.
(d) Photographs and Cameras.
No photography is to interfere with scheduled tours, and the time limits allotted them. No photographer is to leave the tour route, use any kind of artificial light, tripod, or set any equipment down on any surface without permission from the Department.
Note: Authority cited: Sections 5003 and 5008, Public Resources Code. Reference: Sections 5003, 5008 and 5019.59, Public Resources Code.
s 4600.1. Tours.
Note: Authority cited: Section 5003, Public Resources Code. Reference: Section 5008, Public Resources Code.
s 4600.2. Handling Objects.
Note: Authority cited: Section 5003, Public Resources Code. Reference: Section 5008, Public Resources Code.
s 4600.3. Food and Beverages.
Note: Authority cited: Section 5003, Public Resources Code. Reference: Section 5008, Public Resources Code.
s 4600.4. Smoking.
Note: Authority cited: Section 5003, Public Resources Code. Reference: Section 5008, Public Resources Code.
s 4600.5. Dogs or Pets.
Note: Authority cited: Section 5003, Public Resources Code. Reference: Section 5008, Public Resources Code.
s 4600.6. Photographs and Cameras.
Note: Authority cited: Section 5003, Public Resources Code. Reference: Section 5008, Public Resources Code.
s 4601. Torrey Pines and Point Lobos State Reserves, and Penasquitos Marsh Natural Preserve.
All sections shall apply to all upland areas of Torrey Pines State Reserve which areas are defined as all portions of the reserve lying on the southwest and northeast sides of Soledad Valley above the 20 foot elevation contour, and to all of the Penasquitos Marsh Natural Preserve.
No person shall:
(a) Picnic anywhere in the reserve except where designated by the District Superintendent.
(b) Leave designated trails that are so posted.
Note: Authority cited: Section 5003, Public Resources Code. Reference: Section 5008, Public Resources Code.
s 4601.1. Torrey Pines State Reserve.
Note: Authority cited: Section 5003, Public Resources Code. Reference: Section 5008, Public Resources Code.
s 4601.2. Penasquitos Marsh Natural Preserve.
Note: Authority cited: Section 5003, Public Resources Code. Reference: Sections 5008 and 5019.71, Public Resources Code.
s 4602. Point Lobos State Reserve.
Note: Authority cited: Sections 5003 and 5008, Public Resources Code. Reference: Sections 5003 and 5008, Public Resources Code.
s 4603. Angel Island State Park.
(a) No person shall land a ship or boat on said park other than at a dock or place designated by the District Superintendent. No person shall so land when such dock or place is occupied, or when the District Superintendent forbids landing because he/she has determined that the facilities of the unit are full, or after local closing hours. No person shall enter said unit other than by ship or boat, or by swimming ashore, or from a ship or boat lying offshore.
Note: Authority cited: Section 5003, Public Resources Code. Reference: Section 5008, Public Resources Code.
s 4604. Carrizo Impact Area.
The Carrizo Impact Area is hereby closed to the general public pending the accomplishment of decontamination procedures. The Carrizo Impact Area herein referred to is all that real property in the County of Imperial, State of California, more particularly described as follows:
The south half and south half of the north half of Sections 8, 9, and 10; and all of Sections 15, 17, 20, to 29 inclusive and 32, 33, 34, and 35, Township 14 South, Range 9 East, S.B.B.&M. and Sections 1, 2, 3, 4, 5, 6, 10 to 15 inclusive, the east half and all of lots 5, 6, 7, 8, 9, 10, 11, 13, 15, 16, 17, 18, 19, 20, 30, 31 and 32 of Section 7 and east half and Lots 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, and 31 of Section 18, east half and east half of west half and Lots 1, 2, 3, 4, in Section 16; north half, north half of south half, southeast quarter of southwest quarter, south half of southeast quarter, and Lot 1 of Section 9; Lots 1, 2, 3, 4, 5, 6, and 7 of Section 17, Township 15 South, Range 9 East, S.B.B.&M.
Said area is further described and delineated on that map entitled "Carrizo Closure Map" filed in the director's office and posted in the office of the District Superintendent of Anza-Borrego Desert State Park.
No person shall during the effective period of this regulation enter the Carrizo Impact Area; provided, however, that personnel of the armed forces of the United States may enter for the purposes of decontamination and ordnance disposal; provided, further, that public officers of the United States, of the state, and of other public agencies and their employees, contractors, and agents, may enter for a public purpose only on prior permission in writing by the district superintendent on such terms and conditions as may be prescribed; and provided, further, that nothing herein contained shall be construed in derogation of any right therein heretofore by instrument duly granted.
Note: Authority cited: Sections 5003 and 5008, Public Resources Code. Reference: Sections 506, 546, 5003 and 5008, Public Resources Code.
s 4605. Lake Elsinore State Recreation Area.
Note: Authority cited: Section 5003, Public Resources Code. Reference: Section 5019.56, Public Resources Code.
s 4605.1. Lake Elsinore State Recreation Area.
Note: Authority cited: Section 5003, Public Resources Code. Reference: Sections 5008 and 5019.56, Public Resources Code.
s 4605.2. Construction.
Note: Authority cited: Section 5003, Public Resources Code. Reference: Sections 5008 and 5019.10, Public Resources Code.
s 4605.3. Traffic Patterns.
Note: Authority cited: Section 5003, Public Resources Code. Reference: Section 5008, Public Resources Code.
s 4605.4. Ski Tow Rope.
Note: Authority cited: Section 5003, Public Resources Code. Reference: Section 5008, Public Resources Code.
s 4605.5. Towed Equipment.
Note: Authority cited: Section 5003, Public Resources Code. Reference: Section 5008, Public Resources Code.
s 4605.6. Sailboats.
Note: Authority cited: Section 5003, Public Resources Code. Reference: Section 5008, Public Resources Code.
s 4606. Lake Natoma. Folsom Lake State Recreation Area.
Note: Authority cited: Sections 5003 and 5008, Public Resources Code. Reference: Sections 506, 546, 5003 and 5008, Public Resources Code.
s 4607. Benbow Lake State Recreation Area.
Note: Authority cited: Section 5003, Public Resources Code. Reference: Section 5008, Public Resources Code.
s 4608. Mt. San Jacinto State Wilderness.
(a) At no time shall the number of persons camping in the state wilderness exceed 400.
(b) No person shall enter Mt. San Jacinto State Wilderness without first obtaining the required permit.
Note: Authority cited: Sections 5003 and 5008, Public Resources Code. Reference: Sections 5001.5, 5003, 5008, 5017 and 5019.5, Public Resources Code.
s 4609. Pismo Dunes State Vehicular Recreation Area.
(a) Unless provided for in these provisions, all of the provisions of the California Vehicle Code apply to Pismo Dunes State Vehicular Recreation Area, CVC21113.
(b) Vehicles.
All vehicles shall be registered under the provisions of the California Vehicle Code, Sections 4000 or 38010 and may operate as follows:
(1) The boundaries of such vehicle use shall be designated by the District Superintendent as shown on a map posted at the unit.
(2) The towing by a vehicle of any object other than another vehicle or trailer is prohibited.
(3) All Off-Highway vehicles registered under California Vehicle Code Section 38010 or other vehicles primarily operated for Off-Highway Vehicle activities shall be equipped with a whip, which is any pole, rod or antenna, that is securely mounted on the vehicle and which extends at least eight (8) feet from the surface of the ground when the vehicle is stopped.
When the vehicle is stopped, the whip shall be capable of standing upright when supporting the weight of any attached flags.
At least one whip attached to each vehicle shall have a solid red or orange colored safety flag with a minimum size of six (6) inches by twelve (12) inches and be attached within ten (10) inches of the top of the whip. Flags may be of pennant, triangle, square, or rectangular shape. Club or other flags may be mounted below the safety flag or on a second whip.
(4) When a vehicle is operated in the dunes area, which is that land area extending from the first line of sand dunes inland outside Pismo Dunes Natural Preserve, the vehicle shall have additional equipment as follows:
Each vehicle, except two, three and four wheeled cycles, shall be equipped with adequate roll bars or roof structure of sufficient strength to support the weight of the vehicle and shall have a secure seat and seat belt for the vehicle operator and each passenger. Seat belts shall be as specified in the California Vehicle Code.
Note: Authority cited: Section 5003 and 5008, Public Resources Code. Reference: Sections 5003 and 5008, Public Resources Code; and Sections 4000, 21113 and 38010, Vehicle Code.
s 4609.1. Vehicles.
Note: Authority cited: Sections 5003 and 5088, Public Resources Code. Reference: Sections 5001.65, 5001.8, 5003 and 5008, Public Resources Code; and Section 21113, Vehicle Code.
s 4609.2. Drivers' Licenses.
Note: Authority cited: Section 5003, Public Resources Code. Reference: Section 12501, Vehicle Code.
s 4609.3. Drivers' Licenses, Off-Highway Units.
Note: Authority cited: Section 5003, Public Resources Code. Reference:Section 12501, Vehicle Code.
s 4610. Drivers' Licenses, Off-Highway Units.
Unlicensed drivers may operate a vehicle in off-highway division units as follows:
(a) The unlicensed driver shall be accompanied and supervised at all times by a licensed driver who must be in, on, or about the vehicle being operated. The licensed driver supervising shall supervise not more than three (3) unlicensed drivers at any one time.
(b) The unlicensed driver must be capable of operating all vehicle control mechanisms and is prohibited from operating a vehicle during night-time hours or outside the designated off-highway vehicle area.
Note: Authority cited: Section 5003, Public Resources Code. Reference:Section 12501, Vehicle Code.
s 4610.1. Units Open for Rockhounding.
Note: Authority cited: Section 5003, Public Resources Code. Reference: Sections 5001.65 and 5008, Public Resources Code.
s 4610.2. Commercial Use.
Note: Authority cited: Section 5003, Public Resources Code. Reference: Section 5001.65, Public Resources Code.
s 4610.3. Maximum Take.
Note: Authority cited: Section 5003, Public Resources Code. Reference: Section 5001.65, Public Resources Code.
s 4610.4. Disturbing Land.
Note: Authority cited: Section 5003, Public Resources Code. Reference: Section 5008, Public Resources Code.
s 4610.5. Use of Tools.
Note: Authority cited: Section 5003, Public Resources Code. Reference: Section 5008, Public Resources Code.
s 4610.6. "Float" Materials.
Note: Authority cited: Section 5003, Public Resources Code. Reference: Section 5008, Public Resources Code.
s 4610.7. Areas for Swimming and Boating.
Note: Authority cited: Section 5003, Public Resources Code. Reference: Section 5008, Public Resources Code.
s 4610.8. Areas Limited for Collecting.
Note: Authority cited: Section 5003, Public Resources Code. Reference: Section 5008, Public Resources Code.
s 4610.9. Indian Artifacts.
Note: Authority cited: Section 5003, Public Resources Code. Reference: Section 5008, Public Resources Code.
s 4610.10. Panning for Gold.
Note: Authority cited: Section 5003, Public Resources Code. Reference: Section 5008, Public Resources Code.
s 4611. Rockhounding.
(a) Rockhounding is authorized by Section 5001.65 of the Public Resources Code.
(b) Units and portions thereof (o)pen for Rockhounding will be posted in accordance with Section 4301(i).
(c) Commercial Use.
Rocks or mineral specimens gathered within a unit may not be sold or used commercially for the production of profit.
(d) Maximum Take.
One person may gather, in one day in one unit, not more than 15 pounds of mineralogical material or not more than one specimen plus 15 pounds of mineralogical material.
(e) Use of Tools.
Tools, except goldpans to be used in gold panning, may not be used in rockhounding within a unit.
(f) Areas for Swimming and Boating.
In state recreation areas rockhounding may not be practiced in areas designated for swimming or for boat launching.
(g) Areas Limited for Collecting.
In state recreation areas rockhounding is limited to beaches which lie within the jurisdiction of the Department and within the wave action zone on lakes, bays, reservoirs, or on the ocean, and to the beaches or gravel bars which are subject to annual flooding on streams.
(h) Indian Artifacts.
Rockhounding in a unit specifically does not include the gathering of Indian arrowheads, Indian stone tools, or other archeological specimens, even when such specimens may be found occurring naturally on the surface.
(i) Panning for Gold.
Panning for gold is considered to be "rockhounding" as the term is applied in the Department. The goldpan is the only exception permitted to the exclusion of tools from rockhounding in a unit as provided in Section 4610.5. Muddy water from panning operations must not be visible more than 20 feet from the panning operation.
Note: Authority cited: Sections 5001.65 and 5003, Public Resources Code. Reference: Section 5001.65, Public Resources Code.
s 4612. Crystal Cove Historic District.
No person shall repair, alter, modify, add to, or reduce any structure within the "Historic District" of Crystal Cove State Park without first obtaining a permit from the Department.
Note: Authority cited: Section 5003, Public Resources Code. Reference: Section 5008, Public Resources Code.
s 4613. California State Railroad Museum.
The California State Railroad Museum, for the purposes of this section, includes the Museum of Railroad History Building, the Big Four Building, the Central Pacific Passenger Station, Central Pacific Freight Depot, and the train equipment operated by the Museum.
(a) Carrying Capacity.
Except as authorized by the Department, no person or groups shall enter a Museum facility when notified by staff or posted at the museum entrances that the facility is currently occupied by the number of persons or groups established as the appropriate carrying capacity.
(b) Photography.
No person shall use photographic equipment or techniques when informed by staff or posted notice that their use is prohibited.
(c) Artifacts and Exhibits.
Except as authorized by the Department, no person shall touch, handle or move any artifact, museum object or exhibit.
(d) Climbing.
Except as authorized by the Department, no person shall climb on any object or exhibit.
(e) Food and Drink.
Except as authorized by the Department, no person shall possess, carry or consume food or beverage within any facility, building or equipment.
Note: Authority cited: Section 5003, Public Resources Code. Reference: Sections 5003 and 5008, Public Resources Code.
s 4613.1. Carrying Capacity.
Note: Authority cited: Section 5003, Public Resources Code. Reference: Sections 5003 and 5008, public Resources Code.
s 4613.2. Photography.
Note: Authority cited: Section 5003, Public Resources Code. Reference: Sections 5003 and 5008, Public Resources Code.
s 4613.3. Artifacts and Exhibits.
Note: Authority cited: Section 5003, Public Resources Code. Reference: Sections 5003 and 5008, Public Resources Code.
s 4613.4. Climbing.
Note: Authority cited: Section 5003, Public Resources Code. Reference: Sections 5003 and 5008, Public Resources Code.
s 4613.5. Food and Drink.
Note: Authority cited: Section 5003, Public Resources Code. Reference: Sections 5003 and 5008, Public Resources Code.
s 4613.6. Dogs and Pets.
Note: Authority cited: Section 5003, Public Resources Code. Reference: Sections 5003 and 5008, Public Resources Code.
s 4650. Swimming.
No person shall swim in areas prohibited for swimming. Such areas shall be designated by the posting of notices.
Note: Authority cited: Section 5003, Public Resources Code. Reference: Section 5008, Public Resources Code.
s 4651. Swimming Areas.
No person shall operate any boat or ride, pull or tow any aquaplane or water-ski or any other device within any designated swimming area or within fifty (50) feet of the existing boundary of any designated swimming area or boundaries which are marked by buoys placed fifty (50) feet apart and the area posted on shore by signs.
Note: Authority cited: Section 5003, Public Resources Code. Reference: Section 5008, Public Resources Code.
s 4652. Floating Devices.
No person shall use, operate, or bring into an open zone, floating devices such as rubber crafts, surfboards, surfmats, buoys, kites, experimental crafts, or any other floating device other than those approved boats, aquaplanes or water-skis and related equipment. The Department may permit the use of certain unauthorized floating devices in open zones on occasions where traffic is such as to render them safe and during special events, games, tests, or experiments.
Note: Authority cited: Section 5003, Public Resources Code. Reference: Section 5008, Public Resources Code.
s 4653. False Drowning Alarm.
No person shall give or transmit a false signal or a false alarm of drowning in any manner or mode.
Note: Authority cited: Section 5003, Public Resources Code. Reference: Section 5008, Public Resources Code.
s 4654. Surf-Riding.
No person shall engage in surf-riding in an area where so prohibited and posted.
Note: Authority cited: Section 5003, Public Resources Code. Reference: Section 5008, Public Resources Code.
s 4656. Diving.
No person shall dive in any unit of the State Park System. As used in this section, dive means to plunge from any height, especially, but not limited to, head first into water.
Note: Authority cited: Section 5003, Public Resources Code. Reference: Section 5008, Public Resources Code.
s 4657. Launching Areas.
No person shall launch or beach a boat or weigh anchor or cast off when the Department has by posting an order prohibiting the same. Such orders shall prescribe the time and area in which effective.
Note: Authority cited: Section 5003, Public Resources Code. Reference: Section 5008, Public Resources Code.
s 4658. Boat Speed Limits.
No person shall operate a boat in a unit at speeds in excess of that posted.
Note: Authority cited: Section 5003, Public Resources Code. Reference: Section 5008, Public Resources Code.
s 4659. Operating Boats During Nighttime.
Where night boating is authorized, no person shall operate a boat at speeds in excess of five (5) nautical miles per hour.
Note: Authority cited: Section 5003, Public Resources Code. Reference: Section 5008, Public Resources Code.
s 4660. Vessels.
(a) No person shall beach, land, launch, moor, dock or berth a vessel, boat, or any other object overnight except in areas so designated and posted by the area manager.
(b) The Department may, by posting of an order, specify locations, conditions, and limitations for the beaching, landing, launching, mooring, docking, or berthing of a vessel, boat, or any other object. No such posting of notice shall apply until signs or markings giving notice thereof have been placed.
(c) Beached or abandoned vessels, boats, or any other objects are to be removed by the registered owner from Departmental property within twenty-four (24) hours of notification. The last registered owner of record is responsible and is thereby liable for the cost of removal and disposition of the vessel, boat, or other object beached or abandoned.
Note: Authority cited: Section 5003, Public Resources Code. Reference: Sections 5005.6 and 5008, Public Resources Code.
s 4661. Disposal of Waste from Boats.
Any boat must be so constructed or equipped that all wastes, including but not limited to shower water and human waste, are discharged into a holding tank. Such wastes shall only be discharged in onshore disposal facilities.
Note: Authority cited: Section 5003, Public Resources Code. Reference: Section 5008, Public Resources Code.
s 4662. Inspections.
(a) A State Park Peace Officer or Peace officer with concurrent jurisdiction may inspect any vessel or boat at any time for compliance with all applicable laws, rules, and/or regulations. Any person who refuses to allow such inspection shall immediately remove his/her vessel from the waters of the state park system.
(b) No boat shall remain launched or in continuous use in the state park system for more than 30 days except by concession granted.
Note: Authority cited: Section 5003, Public Resources Code. Reference: Sections 5001.96 and 5008, Public Resources Code.
s 4663. Erection of Tent.
Note: Authority cited: Section 5003, Public Resources Code. Reference: Section 5008, Public Resources Code.
s 4664. Underwater Activities.
No person shall:
(a) Enter an underwater park unit or scenic or scientific reserve other than through an established water entry point.
(b) As used in this section, underwater activities shall mean engaging in activities beneath the surface of the water.
Note: Authority cited: Section 5003, Public Resources Code. Reference: Sections 5008, 5019.50 and 5019.53, Public Resources Code.
s 4665. Power-Driven Vessel Operator.
Note: Authority cited: Section 5003, Public Resources Code. Reference: Section 5008, Public Resources Code.
s 4700. Runaway Snow Skis.
No person shall engage in downhill snow skiing in a state park without an Arlberg strap, long thong, a nylon cord, or adequate device to prevent runaway skis.
Note: Authority cited: Section 5003, Public Resources Code. Reference: Section 5008, Public Resources Code.
s 4701. Designated Winter Sports Areas.
No person shall use or operate a toboggan, sled, tow rope, snow disc, or vehicle adapted to travel in or over snow, or ski, or construct, use, or operate a ski lift or tramway or machinery incidental to any of the foregoing, except in areas as designated by the Department.
Note: Authority cited: Section 5003, Public Resources Code. Reference: Section 5008, Public Resources Code.
s 4725. Definitions.
(a) "Firm" means any individual, firm, partnership, corporation, association, or other legal entity permitted by law to practice the professions of architecture, landscape architecture, engineering, environmental services, land surveying or construction project management.
(b) "Small Business" means a firm that complies with the provisions of Government Code Section 14837.
(c) "Director" means the Director of the Department of Parks and Recreation or the Director's designee authorized to act on his or her behalf.
(d) "Department" means the Department of Parks and Recreation.
(e) "Architectural, landscape architectural, engineering, environmental, land surveying services" and "construction project management" means those services, as defined in Section 4525 of the Government Code.
(f) The terms "minority business enterprise" and "women business enterprise" shall have the respective meanings set forth in Section 10115.1 of the Public Contract Code.
(g) The term "disabled veteran business enterprise" shall have the meaning set forth in Section 999 of the Military and Veterans Code.
Note: Authority cited: Section 4526, Government Code. Reference: Sections 4525 and 4526, Government Code.
s 4726. Selection Criteria.
The Director shall utilize selection criteria for each proposed project which will comprise the basis for the selection of eligible firms to perform the required services. The criteria are to include such factors as:
(a) Professional experience of the firm in performing services of similar nature.
(b) Quality and relevance of recently completed or ongoing work.
(c) Reliability, continuity, and location of firm to the project site.
(d) Staffing capability.
(e) Education and experience of key personnel to be assigned.
(f) Knowledge of applicable regulations and technology associated with the services required.
(g) Specialized experience of the firm in the services to be performed.
(h) Participation as small business firm.
(i) Other factors the Director deems relevant to the specific task to be performed.
These factors shall be weighed by the Director according to the nature of the proposed project, the complexity and special requirements of the specific services, and the needs of the Department.
Note: Authority cited: Section 4526, Government Code. Reference: Sections 4526, 4527 and 4529.5, Government Code.
s 4727. Announcement of Project.
(a) A statewide announcement of each proposed project shall be published in the California State Contracts Register, in accordance with the Government Code (commencing with Section 14825), and in the publications of the respective professional societies. Failure of any professional society to publish the announcement shall not invalidate any contract.
(b) The announcement for each proposed project shall include, at a minimum, a brief description of the services required, location, duration, eligibility and preferences, submittal requirements, contact person for the Department, and the final response date for receipt of statements from firms of their demonstrated competence and professional qualifications.
(c) The Director shall identify potentially qualified small business firms interested in contracting with the Department, and shall provide copies of project announcements to those small business firms that have indicated an interest in receiving the announcements. Failure of the Director to send a copy of an announcement to any firm shall not invalidate any contract.
Note: Authority cited: Section 4526, Government Code. References: Sections 4526 and 4527, Government Code.
s 4728. Selection of Qualified Firms.
(a) After the expiration of the final response date in the published project announcement, the Director shall review and evaluate the written statements of demonstrated competence and professional qualifications using the selection criteria contained in Section 4726, and rank, in order of preference, the firms determined as eligible to perform the required services.
(b) The Director shall conduct discussions with at least the three most eligible firms, or a lesser number if fewer than three eligible firms have responded, about anticipated concepts and the benefit of alternative methods for furnishing the required services. From the firms with which discussions are held, the Director shall select, in order of preference, not less than three firms, or lesser number if fewer than three eligible firms responded, deemed to be the most highly qualified to perform the required services.
Note: Authority cited: Section 4526, Government Code. Reference: Sections 4526 and 4527, Government Code.
s 4729. Estimate of Value of Services.
(a) Before entering into discussion with any firm selected pursuant to Section 4728, the Director shall direct the Department staff to prepare an estimate of the value of the proposed project, based upon accepted rates for comparable services. The estimate will serve as a guide in determining fair and reasonable compensation in the negotiation of a satisfactory contract in accordance with the provisions of Section 4731, and shall not be disclosed until award of the contract or abandonment of the negotiation process for the services to which it relates.
(b) At any time the Director determines the Department's estimate to be unrealistic for any reason, the Director shall require the estimate to be reevaluated and, if deemed necessary, modified.
Note: Authority cited: Section 4526, Government Code. References: Sections 4526 and 4528, Government Code.
s 4730. Statewide Participation Goals.
In the negotiation of a satisfactory contract as provided in Section 4731, the best qualified firm must meet the statewide participation goals for disabled veteran, minority and women business enterprises of not less than 3 percent for disabled veteran business enterprises, not less than 15 percent for minority business enterprises, and not less than 5 percent for women business enterprises, or demonstrate that a good faith effort was made to meet them. The best qualified firm shall comply with the statewide participation goals as required by the regulations contained in Title 2, California Code of Regulations, Sections 1896.61-1896.67 and 1896.90-1896.96.
Note: Authority cited: Section 4526, Government Code; Section 10115.3, Public Contract Code; and Section 999.5, Military and Veterans Code. References: Section 4528, Government Code; Sections 10115, 10115.1, 10115.2 and 10115.3, Public Contract Code; and Sections 999, 999.1, 999.2, 999.3, 999.4 and 999.5, Military and Veterans Code.
s 4731. Negotiation.
(a) From among the firms selected in Section 4728, as most highly qualified to perform the services required, the Director shall attempt to negotiate a satisfactory contract with the best qualified firm at a compensation which the Department determines is fair and reasonable.
(b) If the Director is unable to negotiate a satisfactory contract with the best qualified firm at a compensation which the Department determines is fair and reasonable, negotiations with that firm shall be terminated and negotiations undertaken with the second best qualified firm. If unable to negotiate a satisfactory contract with the second best qualified firm at a compensation which the Department determines is fair and reasonable, negotiations with that firm shall be terminated and negotiations undertaken with the third best qualified firm. If unable to negotiate a satisfactory contract with the third best qualified firm at a compensation which the Department determines is fair and reasonable, negotiations with that firm shall be terminated.
(c) Where the Director is unable to negotiate a satisfactory contract in accordance with subsections (a) and (b), the Director shall continue the negotiations process with the remaining qualified firms, if any, in order of preference, until a satisfactory contract is reached. If unable to negotiate a satisfactory contract with any of the qualified firms, the Director shall abandon the negotiation process for the required services.
Note: Authority cited: Section 4526, Government Code. References: Sections 4527 and 4528, Government Code.
s 4732. Amendments.
Where the Director determines that a change in the contract is necessary during the performance of the services, the parties may, by mutual consent, in writing, agree to modifications, additions or deletions in the general terms, conditions and specifications for the services involved, with a reasonable adjustment in the firm's compensation.
Note: Authority cited: Section 4526, Government Code. References: Sections 4526 and 4528, Government Code.
s 4733. Contracting in Phases.
Where the Director determines it is necessary or desirable for a project to be performed in separate phases, the Director may negotiate a partial compensation for the initial phase of the services required; provided, however, the Director first determines that the firm selected is best qualified to perform the entire project. The contract shall include a provision that the Department may, at its option, utilize the firm to perform other phases of the services at a compensation which the Department determines is fair and reasonable, to be later negotiated and included in a mutual written agreement. In the event that the Department exercises its option under the contract to utilize the firm to perform other phases of the project, the procedures of this Chapter, regarding estimates of value of services and negotiation shall be followed.
Note: Authority cited: Section 4526, Government Code. References: Sections 4526 and 4528, Government Code.
s 4734. Director's Power to Require Bids.
If the Director determines that the services are technical in nature and involve little professional judgment and that requiring bids would be in the public interest, a contract shall be awarded on the basis of competitive bids and not the procedures of this Chapter.
Note: Authority cited: Section 4526, Government Code. References: Section 4529, Government Code.
s 4735. Unlawful Considerations.
Each contract shall include a provision by which the firm warrants that the contract was not obtained or secured through rebates, kickbacks or other unlawful considerations either promised or paid to any Department employee. Failure to adhere to this warranty may be cause for contract termination and recovery of damages under the rights and remedies due the Department under the default provision of the contract.
Note: Authority cited: Section 4526, Government Code. References: Section 4526, Government Code.
s 4736. Prohibited Relationships.
No Department employee who participates in the evaluation or selection process leading to award of a contract shall have a relationship with any of the firms seeking that contract, if that relationship is subject to the prohibition of Government Code Section 87100.
Note: Authority cited: Section 4526, Government Code. References: Sections 4526, 87100 and 87102, Government Code.
s 4751. State Parks.
In the interest of the public, the following units in the State Park System are classified in the category of State Parks, as provided in Section 5019.53 of the Public Resources Code, provided, however, that there is reserved the power to repeal, amend or modify this section as may from time to time hereafter be necessary and proper:
Ahjumawi Lava Springs State Park
Andrew Molera State Park
Angel Island State Park
Annadel State Park
Anza-Borrego Desert State Park
Big Basin Redwoods State Park
Border Field State Park
Bothe-Napa Valley State Park
Burton Creek State Park
Butano State Park
Calaveras Big Trees State Park
Castle Crags State Park
Castle Rock State Park
Caswell Memorial State Park
China Camp State Park
Chino Hills State Park
Clear Lake State Park
Crystal Cove State Park
Cuyamaca Rancho State Park
D. L. Bliss State Park
Del Norte Coast Redwoods State Park
Donner Memorial State Park
Emerald Bay State Park
Forest of Nisene Marks State Park, The
Fremont Peak State Park
Gaviota State Park
Grizzly Creek Redwoods State Park
Grover Hot Springs State Park
Hendy Woods State Park
Henry Cowell Redwoods State Park
Henry W. Coe State Park
Humboldt Lagoons State Park
Humboldt Redwoods State Park
Jedediah Smith Redwoods State Park
Julia Pfeiffer Burns State Park
MacKerricher State Park
Malibu Creek State Park
McArthur-Burney Falls Memorial State Park
Mendocino Headlands State Park
Montana de Oro State Park
Morro Bay State Park
Mount Diablo State Park
Mount San Jacinto State Park
Mount Tamalpais State Park
Palomar Mountain State Park
Patrick's Point State Park
Pfeiffer Big Sur State Park
Placerita Canyon State Park
Plumas-Eureka State Park
Point Mugu State Park
Portola State Park
Prairie Creek Redwoods State Park
Red Rock Canyon State Park
Richardson Grove State Park
Robert Louis Stevenson State Park
Russian Gulch State Park
Saddleback Butte State Park
Salt Point State Park
Samuel P. Taylor State Park
San Bruno Mountain State Park
Sinkyone Wilderness State Park
Sugar Pine Point State Park
Sugarloaf Ridge State Park
Tomales Bay State Park
Topanga State Park
Van Damme State Park
Note: Authority cited: Section 5003, Public Resources Code. Reference: Sections 5019.50 and 5019.53, Public Resources Code.
s 4752. State Reserves.
In the interest of the public, the following units in the State Park System are classified in the category of State Reserves, as provided in Section 5019.65 of the Public Resources Code, provided, however, that there is reserved the power to repeal, amend, or modify this section as may from time to time hereafter be necessary and proper:
Armstrong Redwoods State Reserve
Ano Nuevo State Reserve
Antelope Valley California Poppy Reserve
Azalea State Reserve
Caspar Headlands State Reserve
John Little State Reserve
Jug Handle State Reserve
Knowland State Arboretum and Park
Kruse Rhododendron State Reserve
Los Angeles State and County Arboretum
Los Osos Oaks State Reserve
Mailliard Redwoods State Reserve
Mono Lake Tufa State Reserve
Montgomery Woods State Reserve
Point Lobos State Reserve
Smithe Redwoods State Reserve
Torrey Pines State Reserve
Tule Elk State Reserve
Note: Authority cited: Section 5003, Public Resources Code. Reference: Sections 5019.50 and 5019.65, Public Resources Code.
s 4753. State Recreation Units.
In the interest of the public the units listed below in the State Park System and the State Vehicular Recreation Area and Trail System are classified in the categories named, as provided in Section 5019.56 of the Public Resources Code, provided, however, that there is reserved the power to repeal, amend, or modify this section as may from time to time hereafter be necessary and proper:
(a) State Recreation Areas.
Admiral William Standley State Recreation Area
Auburn State Recreation Area
Austin Creek State Recreation Area
Baldwin Hills State Recreation Area
Benbow Lake State Recreation Area
Benicia State Recreation Area
Bethany Reservoir State Recreation Area
Brannan Island State Recreation Area
Candlestick Point State Recreation Area
Castaic Lake State Recreation Area
Colusa-Sacramento River State Recreation Area
Durham Ferry State Recreation Area
Exposition Multi-Cultural Center State Recreation Area
Folsom Lake State Recreation Area
Franks Tract State Recreation Area
Fremont Ford State Recreation Area
George H. Hatfield State Recreation Area
Harry A. Merlo State Recreation Area
Kings Beach State Recreation Area
Lake Del Valle State Recreation Area
Lake Elsinore State Recreation Area
Lake Oroville State Recreation Area
Lake Perris State Recreation Area
McConnell State Recreation Area
Millerton Lake State Recreation Area
Otterbein State Recreation Area
Picacho State Recreation Area
Providence Mountains State Recreation Area
Pyramid Lake State Recreation Area
Salton Sea State Recreation Area
San Luis Reservoir State Recreation Area (including Los Banos Creek)
Silverwood Lake State Recreation Area
Standish-Hickey State Recreation Area
Tahoe State Recreation Area (including William B. Layton Park)
Turlock Lake State Recreation Area
Willowbrook State Recreation Area
Woodson Bridge State Recreation Area
(b) Underwater Recreation Areas. (Reserved)
(c) State Beaches.
Asilomar State Beach
Atascadero State Beach
Avila State Beach
Bean Hollow State Beach
Bolsa Chica State Beach
Cardiff State Beach
Carlsbad State Beach
Carmel River State Beach
Carpinteria State Beach
Caspar Headlands State Beach
Cayucos State Beach
Corona del Mar State Beach
Dan Blocker State Beach
Dockweiler State Beach
Doheny State Beach
El Capitan State Beach
El Matador State Beach
El Pescador State Beach
Emma Wood State Beach
Gray Whale Cove State Beach
Half Moon Bay State Beach
Huntington State Beach
La Piedra State Beach
Las Tunas State Beach
Leo Carrillo State Beach
Leucadia State Beach
Lighthouse Field State Beach
Little River State Beach
Malibu Lagoon State Beach
Manchester State Beach
Mandalay State Beach
Manhattan State Beach
Manresa State Beach
McGrath State Beach
Montara State Beach
Monterey State Beach
Moonlight State Beach
Morro Strand State Beach
Moss Landing State Beach
Natural Bridges State Beach
New Brighton State Beach
Oxnard State Beach
Pelican State Beach
Pescadero State Beach
Pismo State Beach
Point Dume State Beach
Point Sal State Beach
Pomponio State Beach
Redondo State Beach
Refugio State Beach
Robert W. Crown Memorial State Beach
Royal Palms State Beach
Salinas River State Beach
San Buenaventura State Beach
San Clemente State Beach
San Elijo State Beach
San Gregorio State Beach
San Onofre State Beach
San Simeon State Beach
Santa Monica State Beach (including Pacific Ocean Park)
Seacliff State Beach
Silver Strand State Beach
Sonoma Coast State Beach
South Carlsbad State Beach
Sunset State Beach
Thornton State Beach
Topanga State Beach
Torrey Pines State Beach
Trinidad State Beach
Twin Lakes State Beach
Westport-Union Landing State Beach
Will Rogers State Beach
William Randolph Hearst Memorial State Beach
Zmudowski State Beach
(d) Wayside Campgrounds
Paul M. Dimmick Wayside Campground
Reynolds Wayside Campground
(e) State Vehicular Recreation Areas.
Carnegie State Vehicular Recreation Area
Clay Pit State Vehicular Recreation Area
Hollister Hills State Vehicular Recreation Area
Hungry Valley State Vehicular Recreation Area
Ocotillo Wells State Vehicular Recreation Area
Pismo Dunes State Vehicular Recreation Area
(f) State Urban Recreation Areas
Seccombe Lake State Urban Recreation Area
Note: Authority cited: Section 5003, Public Resources Code. Reference: Section 5019.56, Public Resources Code.
s 4754. Historical Units.
In the interest of the public, the following units in the State Park System are classified in the category of Historical Units, as provided in Section 5019.59 of the Public Resources Code, provided, however, that there is reserved the power to repeal, amend, or modify this section as may from time to time hereafter be necessary and proper:
Bale Grist Mill State Historic Park
Benicia Capitol State Historic Park
Bidwell Mansion State Historic Park
Bodie State Historic Park
California Citrus State Historic Park
Chumash Painted Cave Historic Park
Colonel Allensworth State Historic Park
Columbia State Historic Park
El Presidio de Santa Barbara State Historic Park
El Pueblo de Los Angeles State Historic Park
Empire Mine State Historic Park
Fort Humboldt State Historic Park
Fort Ross State Historic Park
Fort Tejon State Historic Park
Governor's Mansion
Hearst San Simeon State Historical Monument
Indian Grinding Rock State Historic Park
Jack London State Historic Park
La Purisima Mission State Historic Park
Los Encinos State Historic Park
Malakoff Diggins State Historic Park
Marshal Gold Discovery State Historic Park
Monterey State Historic Park
Old Sacramento State Historic Park
Old Town San Diego State Historic Park
Olompali State Historic Park State Historic Park
Petaluma Adobe State Historic Park
Pio Pico State Historic Park
Railtown 1897 State Historic Park
San Juan Bautista State Historic Park
San Pasqual Battlefield State Historic Park
Santa Cruz Mission State Historic Park
Shasta State Historic Park
Sonoma State Historic Park
Stanford House State Historic Park
State Indian Museum
Sutter's Fort State Historic Park (continued)