§ 230. Issuance of Permits for Contests Offering Prizes for the Taking of Game Fish.
14 CA ADC § 230Barclays Official California Code of RegulationsEffective: July 1, 2023
Effective: July 1, 2023
14 CCR § 230
§ 230. Issuance of Permits for Contests Offering Prizes for the Taking of Game Fish.
(5) “Game fish” means white sturgeon; American shad; all species of salmon and trout; goldfish; common carp; Sacramento pikeminnow; Sacramento (Western) sucker; all species of catfish and bullheads; striped bass; white bass; all species of black bass and sunfish; all species of tilapia; sargo; bairdiella; and all species of corvina.
(1) Type A Permit. Type A permits are for contests targeting black bass with more than 60 anglers. Unless otherwise specified in subsection (e), the department may not issue more than one Type A permit for any water on the same day. Contests held under a Type A permit shall not exceed three days in duration.
(2) Type B Permit. Type B permits are for contests targeting black bass with 60 or fewer anglers. Unless otherwise specified in subsection (e), the department may not issue more than three Type B permits for any water on the same day. Contests held under a Type B permit shall not exceed three days in duration.
(3) Type C Permit. Type C permits are for contests targeting black bass in which anglers do not retain fish for a centralized weigh-in. For a contest conducted under a Type C permit, all live fish caught must be released immediately after recording weight or measurement. Contests conducted under a Type C permit may exceed three days in duration and may be conducted on multiple water bodies concurrently. Type C permits do not limit the number of anglers.
(1) Any applicant seeking a Type A permit outside the department's initial offering described in subsection (f), or a Type B, Type C, or Type D permit shall follow the process described in this subsection to apply for and obtain one or more of these permits. Applications for permits made outside the department's initial offering described in subsection (f) will not be processed until after the completion of the initial offering. Except as specified in subsection (f), all permit applications will be processed in the chronological order in which they are received.
(5) Applications for Type A permits outside the initial offering described in subsection (f) shall be submitted to the department regional office for the region where the contest(s) is proposed. Applications for Type B, Type C, and Type D permits shall be submitted to any department regional office using the address list on form DFW 775. An application is deemed as received when department regional staff document the date and time at which a complete application was received. For an application to be complete, the correct form must be used, all applicable fields must be completed, the application must be signed by the applicant, and the application must be accompanied by payment of the permit fee specified in subsection (i).
(1) Sacramento-San Joaquin River Delta (as defined in Section 1.71). No more than three Type A permits and nine Type B permits shall be issued for the Sacramento-San Joaquin River Delta for the same day, such that no more than one Type A permit and three Type B permits shall be issued in each of the three Delta counties: Sacramento, San Joaquin and Contra Costa.
(A) The initial offering will be conducted annually between July and September of the year prior to the Contest year. The department will choose a time for the initial offering that minimizes conflict with events that are of importance to potential applicants to the extent practicable. Notification of the open period to submit the department's INITIAL OFFERING APPLICATION FOR “TYPE A” GAME FISH CONTESTS, DFW 774 (NEW 12/22) (form DFW 774), incorporated by reference herein, will be posted to the department's Inland Fishing Contest webpage https://wildlife.ca.gov/Fishing/lnland/Contests_and sent to all permittees who held permits during the previous calendar year. To apply for a Type A permit during the initial offering, applicants shall submit a completed form DFW 774 to identify the applicant's desired contest dates and waters. The department will use the email address and telephone number the applicant includes on form DFW 774 to facilitate the initial offering and the conflict resolution described in subsection (f)(1)(D). Applicants shall submit form DFW 774 in the department's Automated License Data System (ALDS). Form DFW 774 shall require applicants to certify the following:
(B) No more than one form DFW 774 shall be submitted on behalf of each applicant. If the applicant is not a natural person, the applicant shall select one individual to submit one form DFW 774 on behalf of the applicant. Applicants may request no more than one date per water per month on form DFW 774.
(D) The department will conduct a conflict resolution process for applicants to collaborate and resolve conflicts identified by the department. Prior to opening the conflict resolution process, the department will announce the time and location for the conflict resolution process, and if it will be conducted in person or virtually due to public health and safety needs. If the conflict resolution process is conducted in person, applicants will be given two hours to resolve conflicts. If the conflict resolution process is conducted virtually, applicants will be given two weeks to resolve conflicts. During the conflict resolution process, applicants may withdraw a request completely or move a request in conflict to a new water and/or date if the new selection does not result in a conflict with another applicant. Applicants may not otherwise request new dates or waters during the conflict resolution process.
(I) When the initial offering is in person, the complete form DFW 775 and permit fee specified in subsection (i) for all awarded requests shall be submitted on site prior to the conclusion of the initial offering. When the initial offering is virtual, the complete form DFW 775 and payment shall be submitted to the department regional office for the region where the applicant will hold the contest within 10 business days of the initial offering.
(1) The department will evaluate requests for adjustments to approved permits if such requests are received by the issuing regional office at least 30 days prior to the contest date. The department will accept or deny requests based on whether the date and water combination requested is available, whether the change violates any special conditions, and whether the change would be detrimental to the resource.
(j) Observer Requirement. A permittee shall allow an employee of the department to be assigned as an observer and to be present at any contest. The department will determine if the assignment of an observer would aid the department's efforts to ensure compliance with this section and any special conditions. The applicant or permittee shall reimburse the department $275 per day for the cost of the observer's services and associated administrative and incidental costs. Payment shall be sent to the department regional office from which the permit was or will be issued.
(B) Daily bag and possession limits for all permitted black bass contests, insofar that once the daily bag and possession limit has been reached by an individual angler, that same angler may continue to fish under the condition that each additional fish caught must immediately be returned to the water alive and in good condition, or be used to replace a fish being maintained alive and in good condition from the angler's livewell or other suitable holding facility.
(1) Insofar as possible, all fish shall be returned to the water alive and in good condition, except the department may for scientific or management purposes, take possession of any fish caught during the contest and provide for retention of unusually large fish by participants. The department shall notify the permittee or his designated representative of such exceptions prior to the start of the contest.
(m) Special Conditions. To provide for the welfare of fish populations, individual fish, or the resource, the department may impose special conditions in addition to those specified in this section and those listed on form DFW 775 for any contest. Special conditions on form DFW 775 outline required use of the AQUATIC INVASIVE SPECIES SELF-INSPECTION CERTIFICATION FOR GAME FISH CONTESTS, DFW 777 (NEW 12/22) (form DFW 777), incorporated by reference herein. The department shall provide such conditions in writing to the applicant when issuing the permit. The permittee shall provide copies or otherwise inform every angler of the special conditions. It is unlawful for any person participating in a contest permitted under the authority of this section to violate any condition of the permit.
(n) Submission of Reports. Permittees shall electronically complete and submit a report on a standard form, FISHING CONTEST REPORT, DFW 776 (NEW 12/22) (form DFW 776), incorporated by reference herein, provided by the department, within 30 days after the completion of each contest, following the submission procedures described on the form. Completed reports shall be submitted online via the department's Inland Fishing Contest webpage. The permittee shall answer all the questions thereon relating to the contest, so that department personnel may monitor the impact of such contests on fisheries resources.
(A) An applicant or permittee who receives a notice of denial from the department of a permit application under subsection (o)(1) or a revocation of a permit under subsection (o)(2) may submit a written request for reconsideration to the department no later than 30 calendar days following the date of the notification, and shall state the reasons for the requested reconsideration.
Credits
Note: Authority cited: Sections 200, 205, 265, 713, 1050 and 2003, Fish and Game Code. Reference: Sections 37, 67, 711, 713, 1050 and 2003, Fish and Game Code.
History
1. New section filed 1-24-75 as an emergency; effective upon filing. Certificate of Compliance included (Register 75, No. 4).
2. Amendment of Note filed 10-5-81; effective thirtieth day thereafter (Register 81, No. 41).
3. Amendment of subsection (f)(5) filed 9-15-83; effective thirtieth day thereafter (Register 83, No. 38).
4. Amendment filed 4-11-85; effective thirtieth day thereafter (Register 85, No. 15).
5. Amendment filed 5-19-86; effective thirtieth day thereafter (Register 86, No. 21).
6. Amendment filed 6-15-88; operative 7-15-88; (Register 88, No. 27).
7. Change without regulatory effect filed 7-28-88; operative 8-27-88 (Register 88, No. 33).
8. Amendment filed 9-19-90; operative 9-19-90 pursuant to Government Code section 11346.2(d) (Register 90, No. 44).
9. Amendment of subsection (b) and nonsubstantive amendment of Note filed 4-18-91; operative 5-18-91 (Register 91, No. 21).
10. Amendment of subsection (d) filed 2-9-96; operative 2-9-96 pursuant to Fish and Game Code sections 202 and 205 (Register 96, No. 6).
11. Amendment of subsections (a)(1), (b)6)(B) and (d), including new subsection designators (d)(1)-(3), filed 1-16-97; operative 1-16-97 pursuant to Fish and Game Code sections 202 and 215 (Register 97, No. 3).
12. Repealer of subsection (d)(2), subsection renumbering, and amendment of newly designated subsection (d)(2) filed 2-5-98; operative 3-1-98 pursuant to Fish and Game Code sections 202 and 215 (Register 98, No. 6).
13. Amendment of subsections (b)(2), (b)(4), (e) and (f) filed 1-19-99; operative 2-18-99 (Register 99, No. 4).
14. Amendment of subsections (a)(1) and (b)(1), new subsections (b)(1)(A)-(D) and amendment of subsection (b)(4) filed 6-30-2003; operative 6-30-2003 pursuant to Government Code section 11343.4 (Register 2003, No. 27).
15. Amendment of subsection (d)(1), including redesignation of portion of former subsection (d)(1) to subsection (d)(1)(A) and new subsection (d)(1)(B) filed 8-23-2005; operative 9-22-2005 (Register 2005, No. 34).
16. Amendment of subsection (b)(1)(A) filed 2-29-2016; operative 4-1-2016 pursuant to Government Code section 11343.4(a) (Register 2016, No. 10).
17. Amendment of section and Note filed 3-29-2023; operative 7-1-2023 (Register 2023, No. 13).
18. Change without regulatory effect amending subsections (j), (k)(1), (m) and (n) filed 6-19-2023 pursuant to section 100, title 1, California Code of Regulations (Register 2023, No. 25).
19. Change without regulatory effect amending subsection (d)(3) filed 12-5-2023 pursuant to section 100, title 1, California Code of Regulations (Register 2023, No. 49).
This database is current through 7/12/24 Register 2024, No. 28.
Cal. Admin. Code tit. 14, § 230, 14 CA ADC § 230
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