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§ 672.1. Dreissenid Mussel Control and Prevention.

14 CA ADC § 672.1BARCLAYS OFFICIAL CALIFORNIA CODE OF REGULATIONS

Barclays Official California Code of Regulations Currentness
Title 14. Natural Resources
Division 1. Fish and Game Commission-Department of Fish and Game
Subdivision 3. General Regulations
Chapter 3. Miscellaneous (Refs & Annos)
14 CCR § 672.1
§ 672.1. Dreissenid Mussel Control and Prevention.
(a) Control Plan.
If a public or private agency that operates a water supply system detects dreissenid mussels, the agency shall immediately begin developing a dreissenid mussel control plan and implement measures to prevent further spread.
(1) A control plan shall be submitted to the department either:
(A) Within 60 business days of the date the department requests a control plan from the operator of a water supply system that has previously reported dreissenid mussel detections; or,
(B) Within 60 business days of dreissenid mussels being detected; or,
(C) Within 60 business days of changes to the approved control plan.
(2) Control plans shall be revised within 60 business days of receipt of comments from the department.
(3) Control plans that have been approved prior to the effective date of these regulations are not required to be resubmitted for review by the department. The authorization contained in such control plans is deemed to be in effect as of the date it was approved.
(4) The department shall maintain a list of waterbodies where dreissenid mussels have been detected.
(5) Control plans shall consist of a written document describing the status of the dreissenid mussel population at the time the plan is developed, control activities, and monitoring to determine changes in the population. A control plan may also include a description of maintenance activities to maintain functionality of the water supply facility.
(6) Monitoring activities associated with an approved control plan per Fish and Game Code section 2301 do not require a separate permit for collection, transport to laboratories, or analysis, unless activities are associated with scientific research.
(7) Plan implementation shall be demonstrated through submission of annual reports (January 1-December 31) to the department by March 31 of each year, that summarize changes in dreissenid mussel populations, control activities implemented, and monitoring results.
(8) Any public or private agency that violates this section by failing to submit a control plan, revision, or annual report is subject to a maximum penalty of $1,000 that shall be imposed administratively by the department. The administrative penalty and appeal process are described in section 672.2.
(b) Prevention Program.
It is unlawful for any person, or federal, state, or local agency, district or authority that owns or manages a reservoir, as defined in section 6004.5 of the Water Code, where recreational, boating, or fishing activities are permitted, to operate without developing and implementing a dreissenid mussel prevention program that meets the requirements of this subsection.
(1) Dreissenid mussel prevention programs shall include, at a minimum, a report summarizing the following:
(A) An assessment of the vulnerability of the reservoir for the introduction of both adult and veliger dreissenid mussels.
(B) A monitoring program to detect the presence of adult and/or veliger dreissenid mussels.
(C) Management of recreational activities to prevent the introduction of mussels and to keep them from being moved from the waterbody if present, that includes public education and outreach.
(2) Possession of dreissenid mussels as a result of early detection monitoring is not a violation of Fish and Game Code section 2301, subdivision (a) provided that monitoring is conducted under a prevention program being implemented consistent with Fish and Game Code section 2302.
(3) A written document describing the prevention program shall be submitted to the department within 90 business days of the date the department requests documentation of the prevention program.
(4) Prevention programs shall be revised within 60 business days of receipt of comments from the department.
(5) Program implementation shall be demonstrated through submission of an annual report (January 1 - December 31) to the department by March 31 of each year that summarizes any changes in the reservoir's vulnerability, monitoring results, and management activities.
(6) Any person, or federal, state, or local agency, district or authority that violates this section by failing to submit a prevention program, revision, annual report, or fails to report a new discovery of dreissenid mussels as required by Fish and Game Code section 2301, subdivision (e) is subject to a maximum penalty of $1,000 that shall be imposed administratively by the department. The administrative penalty and appeal process are described in section 672.2.
(c) Inspection of Conveyances.
It is unlawful for any person to fail to fully comply with any verbal or written order, or to resist, obstruct, delay or interfere with any department employee or any other state agency representative who has been delegated the authority to enforce Fish and Game Code section 2301. Full compliance with an order shall include, but is not limited to, the order being followed in the manner, time frame, and to the degree directed by an agency representative authorized to implement Fish and Game Code section 2301.
(1) Any department employee or any other state agency representative, to whom the department has delegated the authority to implement Fish and Game Code section 2301, may impound or quarantine any conveyance known or suspected to contain dreissenid mussels for the period of time necessary to ensure the removal or death of any such mussels. Impounded or quarantined conveyances shall be stored at a location determined by the enforcing authority, and all costs associated with the impounding or quarantine are the responsibility of the owner of the conveyance or the person in possession of the conveyance. The department is not responsible for any costs that are in any way, whether directly or indirectly, related to or resulting from quarantine or storage.
(2) State agencies delegated authority to implement Fish and Game Code section 2301 are not obligated to impound or quarantine conveyances.
(3) Tags, stickers or other methods used to identify a conveyance as quarantined shall not be tampered with or destroyed prior to the conveyance being released from quarantine by the department.
(4) When a conveyance is quarantined by the department, the owner or person in possession of the conveyance will receive a copy of Quarantine Notice, DFW 1015 (NEW 09/25/14), incorporated by reference herein. If the owner is not present at time of the department-issued quarantine, the department shall provide a copy of the Quarantine Notice electronically or by mail to the owner. The conveyance will remain under quarantine until the department has re-inspected the conveyance, determined it has been properly treated to remove or kill all dreissenid mussels, and/or has released it from quarantine. The owner of the conveyance is responsible for contacting the department for re-inspection of the conveyance.
(5) In addition to any other penalty provided by law, any person who violates this section, section 2301 of the Fish and Game Code, or any verbal or written order issued pursuant to these sections, or who resists, delays, obstructs, or interferes with the implementation of these sections, is subject to a penalty of not less than one hundred dollars ($100) and not more than one thousand dollars ($1,000), that shall be imposed administratively by the department. Any such person shall be issued an Administrative Penalty Citation Form DFW 1016 (NEW 04/10/15), incorporated by reference herein. The owner of any conveyance involved in the violation or quarantine may be held responsible for the violation, impoundment, or quarantine. In determining the amount of the penalty, the department may consider the willfulness of the action or failure to act, the nature and gravity of the action or failure to act, including the potential impacts on public safety, recreation, or natural resources of the state, the history of past acts or failures to act, and any other relevant factors as justice may require. The administrative penalty and appeal process is described in section 672.2 of these regulations.
Note: Authority cited: Sections 702, 2301 and 2302, Fish and Game Code. Reference: Sections 2301 and 2302, Fish and Game Code.
HISTORY
1. New section filed 2-10-2016; operative 4-1-2016 (Register 2016, No. 7).
This database is current through 3/10/17 Register 2017, No. 10
14 CCR § 672.1, 14 CA ADC § 672.1
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